R-98-08-13-10B1 - 8/13/1998RESOLUTION NO. R- 98- 08- 13 -10B1
WHEREAS, the City of Round Rock has duly advertised for bids
for the Street Maintenance Program Phase I /Micro- Surfacing, and
WHEREAS, Ballou Construction Co., Inc. has submitted the
lowest and best bid, and
WHEREAS, the City Council wishes to accept the bid of Ballou
Construction Co., 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 Ballou Construction Co., Inc.,
for the Street Maintenance Program Phase I /Micro- Surfacing, a copy
of said contract being attached hereto and incorporated herein for
all purposes.
The City Council hereby finds and declares that written notice
of the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to
the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered
and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended, and the Act.
ATTEST:
RESOLVED this 13th day of August 19
C W
K:\ WPVOCS \xeSOCUTI`w,oe,se,.weo /,C
LAND, City Secretary
CHARLES CUL E Mayor
City of Round Rock, Texas
THE CITY OF ROUND ROCK e' '.. ", A i BIDS
PUBLIC WORKS DEPARTMENT i E .,.
2008 Enterprise Dr. A ° . 34939 r I� n/
Round Rock, Texas. 78664 � 1 �T � 9 FC / TE p.E�'. 1 .
(512) 218 -5555 BID ' ' `r' !
" " % 7 /Z 8/
EXTENDED AND CHECKED
BY : Todd Keltgen
DATE : 7/28/98
SHEET 1 OF 1
CONTRACT : STREET MAINTENANCE PROGRAM PH.1/
MICRO - SURFACING -1998
BIDDERS
LOCATION : CITY HALL
Viking Construction Inc.
Bid Bond? Yes
Balloa Construction Co. Inc
Bid Bond? Yes
Bid Bond?
DATE: JULY 28, 1998
ITEM
UNIT
APPROX
QTY.
UNIT
PRICE
COST
UNIT
PRICE
COST
UNIT
PRICE
COST
1. Micro-Surtacmg (Polymer modified)
TON
1, /00
$136.'/7
$232,509.00
$128.00
5217,600.00
2. HMAC, Type I), spot till and level -up at
street cuts, depressions prior to
micro-surfacing, including tack coat,
TON
20
$135.00
$2,700.00
$200.00
$4,000.00
3. Thermoplastic pavement markings
(reflectorized),white and yellow, 4 inch width,
L.F.
21,000
$0.23
$4,830.00
$0.25
$5,250.00
4. Reflectorized pavement markers,
Type 11 -A -A,
EA
240
$2.50
$600.00
$2.60
$624.00
5. Non-retlectorized traffic buttons,
EA
3'/8
$2.00
5756.00
$2.10
$793.80
TOTAL:
5241,395.00
$228,267.80
®+cwtip�
iosmpvw
DATE: August 10, 1998
SUBJECT: City Council Meeting, August 13, 1998
ITEM: 10.B.1. Consider a resolution authorizing the Mayor to execute a contract
with Ballow Construction Co. Inc. for the Street Maintenance
Program Phase 1 /Micro- Surfacing. Two bids were received on July
the 28th 1998 for the Street maintenance Program Phase 1/Micro-
Surfacing project with Ballou Construction Co. Inc. submitting the
lowest bid of $228,267.80. This contract will follow up the Waterline
Replacement Program in the Oaklands and Oakcreek Subdivisions. The
funding source is the General Fund Street Maintenance Program. Staff
Resource Person: Jim Nuse, Public Works Director.
=— -
Such insurance policies, surety bonds, _undertakings and - instruments for said purposes, when duly executed by the aforesaid -
Attorney -in -Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized
officers of the Company and sealed with its corporate seal; and all the acts of said Attorney -in -Fact, pursuant to the authority
hereby given, are hereby ratified and confirmed.
This appointment is made pursuant to the following By -Laws which were duly adopted by the Board of Directors of the said
Company on December 8th, 1927, with Amendments to and including January 15, 1982 and are still in full force and effect:
ARTICLE VII, SECTION 1:
"Policies, bonds, recognixances, stipulations, consents of surety, underwriting undertakings and Instruments relating thereto.
Insurance policies, bonds, recognizances, stipulations, consents of surety and underwriting undertakings of the Company, and releases. agreements and other
writings relating in any way thereto or to any claim or loss thereunder. shall be signed in the name and on behalf of the Company
(a) by the Chairman of the Board, the President, a Vice - President or a Resident Vice - President and by the Secretary, an Assistant Secretary, a Resident
Secretary or a Resident Assistant Secretary; or (b) by an Attorney -in -Fact for the Company appointed and authorized by the Chairman of the Board, the
President or a Vice - President to make such signature; or (c) by such other officers or representatives as the Board may from time to time determine.
The seal of the Company shall if appropriate be affixed thereto by any such officer, Attorney -in -Fact or representative."
IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice -
Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this .$tli
day of April , 19 as
STATED RS - Y
COUNTY OF SOMERSET
On this day of April , 19_98_.. -, before me personally appeared
Brian P . Curry a Vice - President of SEABOARD SURETY COMPANY,
with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the State of ...New.- Jersey -
that he is a Vice-President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing
instrument; that he knowsthe corporate seal of the said Company; that the seal affixed to said instrument is such corporate seal;
Board that it was so affixed by order of the of Directors of said Company; and that he signed his name thereto as Vice - President of
said Comp like authority.
BELINDA FAYE LEE
NOTARY PUBLIC OF NEW JERSEY
My Commission Expires Sept. 9,1998
C E R T I F I C A T E
I, the undersigned Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is
a full, true and correct copy, is in full force and effect on the date of this Certificate and I do further certify that the Vice - President who executed the said Power of
Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney -in -fact as provided in Article VII, Section 1, of the By -Laws of
SEABOARD SURETY COMPANY.
This Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Executive Committee of the Board of
Directors of SEABOARD SURETY COMPANY at a meeting duly called and held on the 25th day of March 1970.
"RESOLVED: (2) That the use of a printed facsimile of the corporate seal of the Company and of the signature of an Assistant Secretary on any
certification of the correctness of a copy of an instrument executed by the President or a Vice - President pursuant to Article VII, Section 1, of the By -Laws
appointing and authorizing an attorney -in -fact to sign in the name and on behalf of the Company surety bonds. underwriting undertakings or other
instruments described in said Article VII, Section 1, with like effect as it such seal and such signature had been manually affixed and made, hereby is
authorized and approved."
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Company to these presents this
day of 19
(Seal)
of
SEABOARD SURETY COMPANY,
By
Brian P. curry
Vice - President
Assistant Secretary
Form 957 (Rev. 7/84)
- 5 i s - F o r 3x 161A
Oitru Sur Cac „D5 l g qs
,
5�
RECEIVED OCT 0 6 1998
09/10/98 19:58 1T218 5589
PUBLIC WORKS �uuL ✓IYIJ[ 0001/001
CERTIFICATE OF LIABILITY INSURANCE RECEIVED SEP 1 t Dm' 9 -10-98
PRODUCER COMPANIES AFFORDING COVERAGE
INSURORS & INVESTORS, INC. A CNA- Transportation Ins. Co.
P.O. BOX 1213
SAUNA, KS 67402 -1213 9E_ i3_/0
INSURED C
Ballou Construction Co., Inc,
P.O. Box 2300, Salina, KS 67402 -2300 D
THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above 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 the companies, and further hereinafter described. Exceptions to the policies are noted below.
CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS
LTR NUMBER DATE DATE
A GENERAL LIABILITY C117327547 3 -31 -98 3 -31 -99 GENERAL AGGREGATE $ 1,000,000
PRODUCTS-COMP/OP AGG. S 1 , 000 , 000
PERSONAL & ADV. INJURY $ 1,000,000
EACH OCCURRENCE 1 1,000,000
FIRE DAMAGE (Any one fire) S 100,000
MED. EXPENSE Any one person) $ 5, 000
A AUTOMOBILE LIABILITY C117327550 3 -31 -98 3 -31 -99 COMBINED SINGLE LIMIT $ 1,000,000
BODILY INJURY (Per person) $
BODILY INJURY (Per accldenr) $
PROPERTY DAMAGE S
A EXCESSLIABILITY C117327581 3 -31 -98 3 -31 -99 EACH OCCURRENCE $ 1,000,000
AGGREGATE $ 1,000,000
WORXERS' COMPENSATION AND EMPLOYERS' LIABILITY
A C117327578 3 -31 -98 3 -31 -99
OTHER
EACH ACCIDEN
DISEASE • POLICY LIMIT
DISEASE EACH EMPLOYEE
DESCRIPTION OP OPERATIONS /LOCATIONS /VEHICLES/SPECIAL ITEMS /EXCEPTIONS
Project: Street Maintenance Program Phase 1 /Micro - Surfacing -1998
The City of Round Rock is named as additional insured with respect To all policies except Workers' Compensation and Employers' Liability. Should any
of the above described policies by cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice
(Odle certificate holder named below.
CERTIFICATE HOLDER: City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
auo: Joanne Land
po,t0ia mnV.cpet mr,!cr
PBD -7
STATUTORY LIMITS
SIGNATURE OF AU PRESENTATIVE
Typed Name . § he / l l ly L. Flores
Tide: Account Representative
$ 500,000
0 500,000
0 500,000
/e-98-O8-/3-/o61
APPROVED BY
CITY TTORNEY
crTY OF ROUND ROCK
PUBLIC WORKS DEPARTMENT
STREET MAINTENANCE
PROGRAM/
MICRO - SURFACING 1998
JULY 1998
e,
.......... p s �
' r • * b $
•
•
ALViN L. W LLE
AND CONTRACT DOCUMENTS 7// 3/ g$
@: o.9c34939 p.'%f,
PLANS, SPECIFICATIONS
Section Desch tion Page
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
1.0 NOTICE TO BIDDERS
Sealed bids addressed to the Purchasing Agent, City of Round Rock, 221 East Main
Street, Round Rock, Texas 78664, for furnishing all labor, material and equipment and
performing all work required for the project titled STREET MAINTENANCE PROGRAM
/MICRO-SURFACING -1998 (project includes approximately 1,700 ton Micro - surfacing
application, related preparatory work and ancillary items.) will be received until July 28,
1998 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 Rid for
STREET MAINTENANCE PROGRAM /MICRO-SURFACING ,1998". 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 Ju y 14, 1997 for a non-
refundable charge of 525.00 per set.
In case of ambiguity, duplication, or obscurity in the bids, the City of Round Rock
reserves the right to construe the meaning thereof. The City of Round Rock further reserves
the right to reject any or all bids and waive any informalities and irregularities in the bids
received.
The successful bidder will be expected to execute the standard contract prepared by
the City of Round Rock, and to furnish performance and payment bonds as described in the
bid documents. Contractors and subcontractors shall pay to laborers, workmen, and
mechanics the prevailing wage rates as determined by the City of Round Rock.
Publish Dates:
Austin American Statesman:
July 12, 1998
July 19, 1998
no Li ce98, smp /aw -spec
NOTICE TO BIDDERS
NB -1
Round Rock Leader
July 13, 1998
July 20, 1998
2.0 BID DOCUMENTS
INSTRUCTIONS TO BIDDERS
1. Prior to submitting any proposal, bidders are required to read the plans, specifications,
proposal, contract and bond forms carefully; to inform themselves by their
independent research, test and investigation of the difficulties to be encountered and
judge for themselves of the accessibility of the work and all attending circumstances
affecting the cost of doing the work and the time required for its completion and
obtain all information required to make an intelligent proposal.
2. Should the bidder find discrepancies in, or omissions from the plans, specifications,
or other documents, or should he be in doubt as to their meaning, he should notify at
once the Engineer and obtain clarification or addendum prior to submitting any bid.
3. It shall be the responsibility of the bidder to see that his bid is received at the place
and time named in the Notice to Bidders. Bids received after closing time will be
returned unopened.
4. Bids shall be submitted in sealed envelopes plainly marked "Sealed Bid" and showing
the name of the project, the job number if applicable, and the opening date and time.
5. Bids shall be submitted on proposal fonns furnished by the City of Round Rock.
6. All proposals shall be accompanied by a certified cashier's check upon a National or
State bank 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,
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.
biddoc98.smp /awspec
BD -1
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. If the total contract price is
$25,000.00 or less, the performance and payment bonds will not be required. Said
performance bond and payment bond shall be from an approved surety company
holding a permit from the State of Texas, with approval prior to bid opening,
indicating it is authorized and admitted to write surety bonds in this state. In the event
the bond exceeds $100,000.00, the surety must also (1) hold a certificate of authority
from the United States secretary of the treasury to qualify as a surety on obligations
permitted or required under federal law; or (2) have obtained reinsurance for any
liability in excess of $100,000.00 from a reinsurer that is authorized and admitted as
a reinsurer in this state and is the holder of a certificate of authority from the United
States secretary of the treasury to qualify as a surety or reinsurer on obligations
permitted or required under federal law.
In determining whether the surety or reinsurer holds a valid certificate of authority,
the City may rely on the list of companies holding certificates of authority as
published in the Federal Register covering the date on which the bond is to be
executed.
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.
biddoc98.smp /awspec
BD -2
14. No contract shall be binding upon the City of Round Rock until it has been signed by
its Mayor after having been duly authorized to do so by the City Council.
15. The Contractor shall not commence work under this contract until he has furnished
certification of all insurance required and such has been approved by the City of
Round Rock, nor shall the contractor allow any subcontractor to commence work on
his subcontract until proof of all similar insurance that is required of the subcontractor
has been furnished and approved. The certificate of insurance form included in the
contract documents must be used by the Contractor's insurer to furnish proof
of insurance.
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. Bids shall be submitted on a separated contract basis. No Texas sales tax shall be
included in the prices bid for materials consumed or incorporated into the finished
product under this contract. This contract is issued by an organization which is
qualified for exemption pursuant to the provisions of Section 151.309(5) of the Texas
Tax Code. The City of Round Rock will issue an exemption certificate to the
Contractor. The Contractor must then issue a resale certificate to the material supplier
for materials purchased. The Contractor must have a valid sales tax permit in order
to issue a resale certificate.
In obtaining consumable materials, the Contractor will issue a resale certificate in lieu of
payment of sales tax, and the following conditions shall be observed;
1) The contract will transfer title of consumable, but not incorporate, materials
to the City of Round Rock at the time and point of receipt by the Contractor;
2) The Contractor will be paid for these consumable materials by the City of
Round Rock as soon as practicable. Payment will not be made directly but
considered subsidiary to the pertinent bid item. The Contractor's monthly
estimate will state that the estimate includes consumables that were received
during the month covered by the estimate; and
3) The designated representative of the City of Round Rock must be notified as
soon as possible of the receipt of these materials so that an inspection can be
made by the representative. Where practical, the materials will be labeled as
the property of the City of Round Rock.
18. No conditional bids will be accepted.
biddoc98.smp /awspec BD -3
19. If the bidder's insurance company is authorized, pursuant to its agreement with
bidder, to arrange for the replacement of a loss, rather than by making a cash payment
directly to the City of Round Rock, the insurance company must furnish or have
furnished by bidder, a performance bond in accordance with Section 2253.021(b),
Texas Government Code, and a payment bond in accordance with Section
2253.021(c).
biddoc98.smp /awspec
BD -4
KNOW ALL MEN BY THESE PRESENTS THAT WE, £aflou C_04.1.4-ev&-ioa Co. ,
Slit, as PRINCIPALand ..'/-, taxis a. e:as S0.5ccra.rrcc Ca
as SURETY, are held and firmly bound unto the C rly 4 R I k, 7 Xas
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
$ � �t P E cf 7ho f �
IL•tc t,e
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 STREET
MAINTENANCE PROGRAM /MICRO- SURFACING - 1998 for which bids are to be
opened at the office of the OWNER on c=i , 8 / 99r
NOW THEREFORE, if the PRINCIPAL is awarded the contract, and within the time and
manner required under the heading "Instructions to Bidders ", after the prescribed forms are
presented to him for signature, enters into a written agreement, substantially in the form
contained in the Specifications, in accordance with the bid and files the town bonds with the
OWNER, one to guarantee faithful performance and the other to guarantee payment for labor
and materials, then this obligation shall be null and void, otherwise, it shall be and remain
in full force and effect.
In the event suit is brought upon this bond by the OWNER and judgement is recovered, said
SURETY shall pay all costs incurred by the OWNER in such suit, including a reasonable
attorney's fee to be fixed by the Court.
biddoc98_smp /awspec
BID BOND
In WITNESS WHEREOF, we have hereunto set our hands and seals this day of
;4c`ti- ci y CF ,.:1,.,-i , fit
IJALe_ a 0 e04/S CCc tile. ,Tu — ar
Princip (� , e^-.-CoC ��- - Surety:
By: 1 B, :
(Seal) PeA/4�4 a K4,a
BD -5
I rlA. " as _ Cam.
(Seal) clk.. i E , ��
C`G-t}c44 1 t - )ric
I ' ' the l'iUI ST. PAULFIRE AND MARINE INSURANCE COMPANY
Surety. , 385 Washington Street, St. Paul, Minnesota 55102
. CERTIFIED ' For verification of the authenticity of pis Power, of Atfomey, you may telephone toll free 1-800-421-3880 and ask for
COPY No... . the Power of Attgmey,Clerk. Please refer to the Certificate of Authority No, and the named individual(s),
F ' "GENERAL 'POWER OF ATTORNEY - CERTIFIED COPY 2014779
(Original on File at Home Office of Company. See Certification.)
KNOW ALL MEN BY THESE PRESENTS: That St. Peal Fire and Marine Inaurance Company, a corporation organized and existing under the laws of the State
I of Minnesota; having its principal office in the City of St. Paul, Minnesota, does hereby constitute and appoint:
John H-' King, James D. Wilson, Brenda R. Smith, Philip C. Krug, John C. Iohmeyer,
' W. Ibger Garrett, M. L. Fenimore, Shelly L. Flores, individually, Salina, Kansas
CERTIFICATE OF
AUTHORITY NO.
its true and lawful attomey(s) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, reeognizances, contracts of
1 indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or
otherwise,
1 NOT TO EXCEL DI PENALTY THE SUM OF TEN MILLION DOLLARS($10,000,000)EACH
and the execution of all such instrument(s) in pursuance of these presents, shall be as binding upon said St. Paul Fire and Marine Insurance Company, as fully and
amply. to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office.
1 'I his Power of Attorney is executed, and may be certified to and may be [evoked, pursuant to and by authority of Article V,- Section 6(C). of the By -Laws adopted by
the Shareholders of ST. PAUL FIRE AND MARINE INSURANCE COMPANY at a meeting called and held on the 28th day of April, 1978. of which the following
6 a Inc transcript of said Section 6 (Cr
"The President or any Vice President, Assistant Vice President, Secretary or Service Center General Manager shall have power and authority
1 (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and
undertakings, rccognizanccs, contracts of indemnity and other writings obligatory in the nature thereof, and
(2) To appoint special Anomeys -in -Fact, who are hereby authorized to certify to copies of any power -of- attorney issued in pursuance of this section
and /or any of the By -Laws of the Company- and
(3) To remove, at any time, any such Attorney-in.-fact or Special Attorney -in -Pact' and revoke the authority given him."
1 Further. this Power of Attorney is signed and scaled by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and
held on the 5111 day of May, 1959, of which the following is a lure excerpt
1
"Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by
facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and
any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to
any bond or undertaking to which it is attached,"
IN TESTIMONY WHEREOF. St. Paul Fire and Marine Insurance Company has caused this instrument to be signed and its corporate
seal to he affixed by its authorized officer, this 30th day of November, A.D. 1990.
ST. PAUL FIRE AND MARINE INSURANCE COMPANY
-s - STATE OP NEW JERSEY 1 ss
1 County of Somerset
KENNETH J. RYAN, Secretary
011 this 12 th day o September , 19 97 , before me came the individual who executed the preceding instrument, to me
personally known, and, being by me duly sworn, said that he/she is the therein described and authorized officer of St. Paul Fire and Marine Insurance Company;
that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his /her signature were duly affixed by order of the
Board of Directors of said Company.
1
IN TESTIMONY WHEREOF, I have hereunto set any hand and
day and year first above written.
ixed my Official Seal, at the township of Bedminster, New Jersey- the
1
CERTIFICATION
I 1, the undersigned officer of SL Paul Fire and Marine Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and
affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME
OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not
been revoked and is now in full force and effect_
1 IN TESTIMONY WHEREOF, 1 have hereunto set my hand this
4a ^I
roy ek IR^oi
LINDA SML'THE Notary Public, Middlesex. NJ
My Commission Expires December 16, 2001
28th day of July . 19 98
Only a certified copy of Power of Attorney bearing the Certificate of Authority No. primed in red on the upper right comer is binding, Photocopies, carbon copies or
other reproductions of this document are invalid and not binding upon the Company.
MICHAEL W2ANDERSON, Secretary
1 ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY.
29550 Rev. 12 -96 Printed in U.S.A.
PROPOSAL, RIDDING SHFET
JOB NAME STREET MAINTENANCE PROGRAM /MICRO - SURFACING -1998
JOB LOCATION: Round Rock, Williamson County, Texas
OWNER:
DATE:
Gentlemen:
Bid
Item Quantity
1. 1,700 Ton
2. 20
City of Round Rock, Texas
July 28, 1998
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
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:
LI . 1
t• -_ i
11;
Ton
BASE BID
Item Description Unit
Unit and Written 1Init Price Price
Micro - Surfacing (Polymer modified),
Complete in place,
per Ton.
biddoc98.smp /awspec BD -6
Amount
for ave hubogeo flPur7 F,
and , o cents. $ /0? .0 $ 17, 603.60
HMAC, Type D, spot fill
and level -up at street cuts,
depressions prior to
micro - surfacing,
including tack coat,
complete in place, per Ton,
for two t o Q dollars
and No cents. $ ,- .oO .oU
Bid
Item Quantity Unit
3. 21,000 L.F.
4. 240
5. 378
Each
Item Description
and Written Unit Price
Thermoplastic pavement markings
(reflectorized),white and yellow,
4 inch width, complete in place,
per linear foot,
for A142
Reflectorized pavement markers,
Type II -A -A, complete in place,
per each,
for Two dollars
Each Non- reflectorized traffic buttons,
complete in place, per each,
for Tk o dollars
GRAND TOTAL - PUBLIC WORKS (Items 1 thru 5): $ a (01 8r)
STATEMENT OF SEPARATE CHARGES: Materials: $ 15 /, 9G ?. SO
All other Charges: $ 1L/C, 317.5 ,
* 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) days after
written Notice to Proceed. The undersigned further agrees to complete the work in full within forty (40)
calendar days after the date of the written Notice -to- Proceed.
biddoc98.smp /awspec BD -7
dollars
Unit
Price Amount
and rwe.ry Flue cents. $ .25 $ SaSo.oa
and ,5 cents. $ 2. , $ 61; y.00
and -rev cents. $ 2.10 $ 793.
*Total: $ ae? R SO
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.
Respe y Submitted,
A1,¢4 ,7, K4 54/
i/lCE PQ6S /4.c ,tJ T
Title for
l 7 4 zw..4 ) 64-is I'd - r o ,) ('6. �
Name of Firm
Y 28', i?
Date
biddoc98.smp /awspec
Ro. FOX a23oo .SA-z -i•.'4 Aite5l-S 6 7442. 2.3
Address
S' 5) 12 _53
Telephone
Secretary, if Co actor is a 6-"'e--4 sr/cbs
Corporation
BD -8
3.0 POST BID DOCUMENTS
THE STATE OF TEXAS
COUNTY OF WILLIAMSON §
AGREEMENT
THIS AGREEMENT, made and entered into this 1 3 rA/ day of
A llus T , 1998, by and between (Owner) City of Round Rock, Texas of the State
of Texas, acting through Charles Culpepper, Mayor, thereunto duly authorized so to do,
hereinafter termed OWNER, and (Contractor) A.Wo,, (gin= srflul riew ('6 - ) ..] of
= 'i / / .//✓ir , Tomas, County of �i?/ iti'E , and State of Tomas, hereinafter
termed CONTRACTOR. 4r/64'5
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by OWNER, and under the conditions
expressed in the bond bearing even date herewith, CONTRACTOR hereby agrees with the
said OWNER to commence and complete the construction of certain improvements
described as follows:
STREET MAINTENANCE PROGR /MICRO - SURFACING - 1998
Further described as the work covered by this specification consists of furnishing all the
materials, supplies, machinery, equipment, tools, supervision, labor, insurance, and other
accessories and services necessary to complete the said construction, in accordance with the
conditions and prices stated in the Proposal attached hereof, and in accordance with the
Notice to Contractors, Instructions to Bidders, General Conditions of Agreement, Special
Conditions, Technical Specifications, Plans, and other drawings and printed or written
explanatory material thereof, and the Specifications and Addenda therefor, as prepared by
E - ,
Ku /' ti7, �it!'� �i<t6ic'. (¢;:c K --- �f - J <'Til [
herein
entitled the ENGINEER, each of which has been identified by the CONTRACTOR'S written
Proposal, the General Conditions of the Agreement, and the Performance, Payment, and
Maintenance Bonds hereof, and collectively evidence and constitute the entire contract.
The CONTRACTOR hereby agrees to commence work within ten (10) calendar days after
the date written notice to do so have been given to him, and to complete the same within
forty (40) calendar days after the date of the written Notice to Proceed, subject to such
extensions of time as are provided by the General and Special Conditions.
postbid98smp /specaw
PBD -1
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown
in the Proposal, which forms a part of this Contract, such payments to be subject to the
General and Special Conditions of the Contract.
IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the
year and day first above written.
CITY OF ROITNT) ROCK,TEXAS
(OWNE
BY:
ATTEST:
Charles Cu
Mayor
City Secretary
(The following to be executed if the Contractor is a Corporation.)
I, G Lae ,A- SC4 -GGS , certify that I am the Secretary of the Corporation named
as Contractor herein; that A5 A./.4-4....0 J /69-ea cat/ , who signed this Contract on behalf
of the Contractor was then j// cE p,QEs .€,E (official title) of said Corporation, that
said Contract was duly signed for and in behalf of said Corporation, that said Corporation by
authority of its governing body, and is within the scope of its corporate powers.
Signed: ° C74(724----
Corporate Seal
p o s lb i d 9 8. s m p isp a ca w
i
PBD -2
.4 4LLt2) Cmmsr a ri oi✓ C , St)r
(CONTRACTOR)
BY:
14 d e#J its V c.E Y2Es/ v
(Typed name) (Title)
ATTEST:
Secretary, if Con ra ' or is a
Corporation or otherwise registered
with the Secretary of State
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
KNOW ALL MEN BY THESE PRESENTS: That l lqi._ em--1 ruc or, 6D. -.of the
City of AA, tL , County of _Q , and State of
I n , as Principal, and,t;, r; "` P f authorized under the law
of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto
THE CITY OF ROUND ROCK, TEXAS, (Owner), in the penal sum of i, Iti rviien h� aih�
eC>(n�l f. U0 ha+(j Pik s_c r , *;co dollars ($ x 1C: ) for the payment
whereof, well and truly to be made the said Principal and Surety bind themselves, and their
heirs, administrators, executors, successors and assigns, jointly and severally, by these
presents:
WHEREAS, the Principal has entered into a certain written contract with the Owner dated
the /3 r,/ day of /-2‘,,T, % , 19 '» to which the
contract is hereby referred to and made a part hereof as fully and to the same extent as if
copied at length herein consisting of:
ST E�3 ET MAINTEN
posEbid98.smp /specaw
PERFORMANCE BOND
'C• Ca►I lu CI
1':
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 Chapter
2253, Texas Government code, as amended, and all liabilities on this bond shall be
determined in accordance with the provisions of said Chapter 2253 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
instrument this /37-A1 day of ,quyti ,
199g .
4424r%) r'oksfRa o,✓ C . ,.i 'K; LPL �'JNA L _■i t,Loct 4uc ( 'z-
Principal Surety
By:
7 1c: Pee -s,d
Title
?D. l ox 2300 S4-4.4 44, ,E'1 6 7A).0.3oo
Address
Resident Agent of Surety:
tur L )- J (,(L±,i:1 , ,L
1
Printed Name
Address
City, State & Zip Code
, I� > ,cu
Signature
p o s tbi d9 8_ s m p /s p eca w
PAYMENT BOND
PBD -4
Title
` c + Lt(k_
Address
c0240 R( J ul r(«1
THE STATE OF TEXAS
PAYMENT BOND
COUNTY OF WILLIAMSON r
KNOW ALL MEN BY THESE PRESENTS: That I,t2a`u� lylc:ttor�( , of the City
u
of a & , County of , .ni , and State of
YIDS as Principal, and ` authorized under the laws of the
State of Texas to act as Surety on Bonds for Principals, are held and firmly bound unto THE
CITY OF ROUND ROCK, (OWNER), and all subcontractors, workers, laborers,
mechanics and suppliers as their interest may appear, all of whom shall have the right to sue .
upon this bond, in the penal sum of t,,o , rt,Fa tct, ten
- Dollars ($ ) 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:
poslb id98.smp /specaw
PBD -5
WHEREAS, the Principal has entered into a certain written contract with the Owner, dated
the Jr -4 N day of / , 19 to which Contract is
hereby referred to and made a part hereof as fully and to the same extent as if copied at
length herein consisting of:
STREET MAINTENANCE PROGRAM /MICRO - SURFACING -1225
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and
suppliers, all monies to them owing by said Principals for subcontracts, work, labor,
equipment, supplies and materials done and furnished for the construction of the
improvements of said Contract, then this obligation shall be and become null and void;
otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter
2253, Texas Government code, as amended, and all liabilities on this bond shall be
determined in accordance with the provisions of said Chapter 2253 to the same extent as if
it were copied at length herein.
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 /3 T N day of ,42 i , S T , 19 98 .
Bgu.00 7 /cTio4 (c Z7✓r.
Principal
By:
72cF �� Esc a - ilr
Title
7o. c9-L,N4 Ks 67 Si'a_l Pxc
Address Address
Resident Agent of Surety:
it D F uLkc 41c,
Jl \Gii4, i tel.(d�cl�t�� i 1!t�` _ , L
Printed Name
�a lLY '�L� lL F nil 1,a i�.
Address
City, State & Zip Code
Signature
pos[bid98.smp /specs w
-1(_• n
PBD -6
S ' k � L t�_ IY1LC.Y a LL a r CO>sc C,
Surety - N
B '
Title
- iN>v, 1 frtic
A EXCESS LIABILITY
A
OTHER
CERTIFICATE HOLDER: City of Round Rock
221 E. Main Street
Round Rock, Texas 23664
aria ioanne Land
rOSIDid T.usaeo nutter
l •d 9506- 251a—SBL
AL
OJ /LO /tld 10:DZ ...wale OW33
INSURORS & INVESTORS, INC.
P.O. BOX 1213
SALINA, KS 67402 -1213
INSURED
Ballou Construction Co., Inc,
P.O. Box 2300, Salina, KS 67402 -2300 D
THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above 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 the companies. and further hereinafter described. Exceptions to the policies are noted below.
?OriL1(: Y(U1(3S
CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION
LTR NUMBER DATE DATE
A GENERAL LLtBQ,rry C117327547 3 - 31 - 98 3 - 31 - 99
AUTOMOBILEUABIITY C117327550 3 - 31 - 98 3 - 31 - 99
0117327581 3 -31 -98
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY LIMITS
C117327578 3 -31 -98 3 -31 -99
PBD -7
SIGNATURE OF AUTHORIZED
FTIa)1 /'d RI Ia4S
tgluUL 0OZ
A CNA- Transporeacion Ins. Co.
13
c
LIMITS
DESCTOPT10N OP OPE RATIONS /LOCATIONSIVEHICLFVSPECIAL PrE-MSIEXCEPr1ONS
Project: Street Maintenance Program Phase 1 /Micro Surfacing - 1998
GENERAL AGGREGATE
PRODUCTS-COMP/OF AGG.
PERSONAL & ADV- Thrum'
EACH OCCURRENCE
FIRE DAMAGE (Any one fee/
MED, EXPENSE (Any ene person)
3 -31 -99 EACH OCCURRENCE
AGGREGATE
BODILY INRURY (Per perm) 3
BODILY INJURY Wer secle e„ e) S
PROPERTY DAMAGE
$ 1,000,000
s 1,000,000
3 1,000,000
1,000,000
$ 100,000
5,000
COMBINED SINGLE LIMIT S 1 , 000, 000
s 1 , 000, 000
s 1,000,000
EACH ACCIDENT $ 500,000
D1 E .5 - POLICY LIMIT S 500,000
DISEASE- EACHEMPLOYEE 1 500,000
The Chy of Round Rock is named at additional insured with respect to 111 politics except Workers' Compensation and Employers' Liability. Should any
,f the above described policies br cancelled or changed before the eaoiruton dare thereof, the issuing company mitt mail thirty (30) days written notice
to the certificate holder named beto n-
Typed holly L. Flores
PRESENTATIVE
Tide: Account Re.DTesentat1ve
d0C:20 80 0I des
1
1
1
1
1
I CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS
LTR NUMBER DATE DATE
1
1
.
CERTIFICATE OF LIABILITY INSURANCE
PRODUCER COMPANIES AFFORDING COVERAGE
A
B
INSURED
C
D
THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above 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 the companies, and further hereinafter described. Exceptions to the policies are noted below.
GENERAL LIABILITY
' AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
BODILY INJURY (Per person) $
' BODILY INJURY (Per accident) $
PROPERTY DAMAGE
EXCESS LIABILITY
' AGGREGATE $
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY LIMITS
1
OTHER
DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /SPECIAL ITEMS /EXCEPTIONS
The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers' Liability. Should any
of the above described policies by cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice
' to the certificate holder named below.
CERTIFICATE HOLDER: City of Round Rock SIGNATURE OF AUTHORIZED REPRESENTATIVE
221 E. Main Street
' Round Rock, Texas 78664
attn: Joanne Land
Typed Name:
1 Title:
poslbid98_smp /apccaw PBD-7
GENERAL AGGREGATE
PRODUCTS - COMP /OP AGG.
PERSONAL & ADV. INJURY
EACH OCCURRENCE
FIRE DAMAGE (Any one fire)
EACH ACCIDENT
DISEASE - POLICY LIMIT
DISEASE - EACH EMPLOYEE
Date:
MED. EXPENSE (Any one person) $
$
EACH OCCURRENCE $
BOND NUMBER 4001 705L\ 8 AMOUNT aaa,
KNOW ALL MN�B�Y PRESENTS,
That we, Cam rcont. c ion ('nrxon ,
(hereinafter called the "Principal ") as Principal,
and the Sl (bail Cu-1J_ \anink_ 3vx w rre- a Corporation duly organized under the laws
of the State of few. and duly licensed to transact business in
the State of (hereinafter called the "Surety"), as Surety, are
held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS (hereinafter called
the "Obligee "), in the sum of - v 1 A■ ta�(d li n { �<<H� Tltc�.0 t CI
Eu> Y u l cU 5 Yh vEe . 0t1_c1 EC (tec — dollars ($ 9: :� r 7 `r,C ) 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 / - =r / day of i/7,6;t, r , A.D. nineteen hundred
and /✓/ n, 7 y Ely! r
WHEREAS, the said Principal has heretofore entered into a contract with
I. C i � �� do a LEL t
Dated y' t , , for construction of:
postbid98.smp /spccaw
WARRANTY BOND
OGRAM_LMLCROSURFACING -1998
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 (t) 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 (I) year(s) from the date of
acceptance of the project above described, by Owner:
The City of Round Rock, Texas
PBD -8
WARRANTY 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.
X65 -4.6. d 41/19,,1 Icrio,r eo (k
Principal
By:
!/'CF P,/ES/ oEa/7
Title
x XI 62-7
Address
Resident Agent of Surety:
h,) L7 (L LILC
0i—a �� , a1c��,�� �L, �1.� 1 ve � ,
Printed Name
G -Il't t it l' C a_r7[l
Address
l u N , L ISC��
City, State & Zip Code
Signature
po s[b id 9 8.sm p /sp cca w
ju
�lc ti�:c
fir
PBD -9
rU k MosA_nr< Tnsuk ciAc _ CD
Surety
) on( �o L
Title
Inc
Address
At 4b MAPJNE IN$ A ANCg cOMP'M Y
gton $tJ r St. $aul?'hlinnesofa;55102
of thi'Pd,Wer of AL}otney yod,may telephone Toll frog 7 S00- 47,1 -3$S0 and a
a' Clerk. Please refer10 the Cerittticate of Authority hlo and thenamed rndioid dll(8). ' ' '
POWE*JO TTORhT CERTIFIED COPY
Original o4.FiJe'at`:146me Office of Cnmpahy..See Certification.)
T,� +;TJi§6 St Reid F re and Marine Epxdraiice Company, a corporation orga5doed and existing
he,City,of St_ Pact, inpq o9a, does hereby constitute and appoint • .. . .
GERTIFICATE'OF
AUTHORITY NO.
201.4806
,under Ole laws 08 Ibe State
n,,Brenda B. Stni .li, . Philip C. Krug, Jphil C. Lohmeyer,
Fenix irei :Shelly'L. "Flores; individually. Salina ,'Kansas
, tme and lawful atto,mey(s)-in-fact tb e'sccule, Seal and : deliver' for anti 'On itS behalf as surety, any and all' bonds and Undertalcings, recognizances, cOntractS of
.: indemnity 'and; oilier airitings oblfptoty, Me nature thereof,' which'sire Of rnay be allowed, required or perniitted by law,. statute, rule, regulation, contract or
NOr TO EXCEED IN PENALTY THE SUM OE TEN MILLIOT T,TARS ($1O , OOO r 000) EZ CH
and the execution of all such instrument(s) in pursuance of these presents, shall be as binding upon said St. Paul Fire and Marine Insurance Company, as fully and
amply. to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office.
This Power of Attorney Is executed. and may be certified to and may be revoked, pursuant to and by authority of Article V,- Section 6(C), of the By -Laws adopted by
the Shareholders of ST. PAUL FIRE AND MARINE INSURANCE COMPANY at a meeting called and held on the 28th day of April, 1978, of which the following
is a tine transcript of said Section 6 (C):
"The President or any Vice President, Assistant Vice President, Secretary or Service Censer General Manager shrill have. power and authority
(I) To appoint Attomeys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and
undertakings, recognizances. contracts of indemnity and other writings obligatory in the nature thereof. and
(2) To appoint special Attorneys -in -fan, who are hereby authorized to certify to copies of any power -of- attorney issued in pursuance of this section
and/or any of the By -Laws of the Company, and
(3) To remove, at any time, any such Attorney -in -fact or Special Attomcy-in -fact and revoke the authority given him."
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and
held on the 5th day of May, 1959, of which the following is a true excerpt:
"Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by
facsimile, and any such power of attorney o r certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and
any such power so executed and certified by facsimile signatures and facsimile seal s1n11 be valid and binding upon the Company in the future with respect to
any bond or undertaking to which it is attached_"
S 7 sp "
ST A'16OF NEW J ERSEY
29550 Rev. 12 -96 Printed in U.S.A.
IN TESTIMONY WHEREOF, St. Paul Fire and Marine Insurance Company has caused this instrument to be signed and its corporate
seal to be affixed by its authorized officer, this 3016 day of November, A.D. 1990.
ST. PAUL FIRE AND MARINE INSURANCE COMPANY
County of Somerset
}. SS,
On Ihi 12th day of 5 ertte 5 er , 19 97 before rile came the individual who executed the preceding instrument, to m
personally known, and, being by me duly sworn, said that he /.she is the therein described and authorized officer of St. Paul Fire and Marine Insurance Compan
that the seal affixed to said instrument is the Corporate Seal of said Company that the said Corporate Seal and his /her signature were duly affixed by order of the
Board of Directors of said Company.
IN TESTIMONY WHEREOF. I have hereumo set my hand and affixed my Official Seal, at the township of Bedminster, New Jersey, the
day and year first above written.
KENNETH J. RYAN, Secretary
LINDA SMET-HERS Notary Public, Middlesex, NI
My Commission Expires December 16, 2001
CERTIFICATION
I the undersigned officer of St. Paul Fire and Marine Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and
affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME
OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not
been revoked and is now in full force and effect.
fN TESTIMONY WHEREOF, l have hereunto set my hand this
1 1 1 (--
44c--
day of 19 MICHAEL W. ANDERSON, SCerCIar,
Only a certified copy of Power of Attorney bearing the Certificate of Authority No. printed in red on the upper right comer is binding. Photocopies, carbon copies or
other reproductions of this document are invalid and not binding upon the Company.
ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY.
4.0 GENERAL CONDITIONS
1
1
1
1. Definition of Terms
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Contents
1.01 - Owner, Contractor and Engineer
1.02 - Contract Documents
1.03 - Subcontractor
1.04 - Sub - Subcontractor
1.05 - Written Notice
1.06 - Work
1.07 - Extra Work
1.08 - Working Day
1.09 - Calendar Day
1.10 - Substantially Completed
2.01 - Owner- Engineer Relationship
2.02 - Professional Inspection by Engineer
2.03 - Payments for Work
2.04 - Initial Determinations
2.05 - Objections
2.06 - Lines and Grades
2.07 - Contractor's Duty and Superintendence
2.08 - Contractor's Understanding
2.09 - Character of Workers
2.10 - Contractor's Buildings
2.11 - Sanitation
2.12 - Shop Drawings
2.13 - Preliminary Approval
2.14 - Defects and Their Remedies
2.15 - Changes and Alterations
2.16 - Inspectors
2. Responsibilities of the Engineer and the Contractor
gencond.ms /spec
General Conditions of Agreement
GC -1
1
3. General Obligations and Responsibilities
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
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1
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
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6. Extra Work and Claims
6.01 Change Orders
6.02 Minor Changes
6.03 Extra Work
6.04 Time of Filing Claims
6.05 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
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1. Definition of Terms
1.01 Owner, Contractor and Engineer
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.
1.02 Contract Documents
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General Conditions of Agreement
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 whty furnishes material worked to special design
according to the plans or specifications of this work, but does not include one who merely
furnishes material not so worked.
1.04 Sub - subcontractor
The term Sub - Subcontractor means one who has a direct or indirect contract with a 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.
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1.05 Written Notice
1.06 Work
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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
By the term "substantially completed" is meant that the structure has been made suitable for
use or occupancy or the facility is in condition to serve its intended purpose, but still may
require minor miscellaneous work and adjustment.
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2. Responsibilities of the Engineer and the Contractor
2.01 Owner - Engineer Relationship
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The Engineer will be the Owner's representative during construction. The duties,
responsibilities and limitations of authority of the Engineer as the Owner's representative
during construction are as set forth in the Contract Documents and shall not be extended or
limited without written consent of the Owner and Engineer. The Engineer will advise and
consult with the Owner, and all of Owner's 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
The Engineer shall review Contractor's applications for payment and supporting data,
determine the amount owed to the Contractor and recommend, in writing, payment to
Contractor in such amounts; such recommendation of payment to Contractor constitutes a
representation to the Owner of Engineer's professional judgement that the work has
progressed to the point indicated to the best of his knowledge, information and belief, but
such recommendation of an application for payment to Contractor shall not be deemed as a
representation by Engineer that Engineer has made any examination to determine how or for
what purpose Contractor has used the moneys paid on account of the Contract price.
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2.04 Initial Determinations
The Engineer initially shall determine all claims, disputes and other matters in question
between the Contractor and the Owner relating to the execution or progress of the work or
the interpretation of the Contract Documents and the Engineer's decision shall be rendered
in writing within a reasonable time, which shall not be construed to be less than ten (10)
days. Appeal to arbitration upon mutual agreement may be taken as if his decision had been
rendered against the party appealing.
2.05 Objections
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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 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.
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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
It is understood and agreed that the Contractorhas, 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 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
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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
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
2.12 Shop Drawings
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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.
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 furnish such other copies as may be needed. The
Engineer's review of such drawings or schedules shall not relieve the Contractor from
responsibility for deviations from drawings or specifications, unless he has in writing called
the Engineer's attention to such deviations at the time of submission, nor shall it relieve him
from responsibility for errors of any sort in shop drawings or schedules. It shall be the
Contractor's responsibility to fully and completely review all shop drawings to ascertain their
effect on his ability to perform the required contract work in accordance with the plans and
specifications and within the contract time.
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
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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
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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
be in full accordance with this contract.
2.15 Changes and Alterations
The Contractor further agrees that the Owner may make such changes and alterations as the
Owner may see fit, in the line, grade, form, dimensions, plans or materials for the work
herein contemplated, or any part thereof, either before or after the beginning of the
construction, without affecting the validity of this contract and the accompanying
Performance and Payment Bonds.
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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
conceming 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 concerning the
prosecution of the work and its confonnity 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 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
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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
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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.
3.05 Collateral Contracts
The Owner agrees to provide by separate contract or otherwise, all labor and material
essential to the completion of the work specifically excluded from this contract, in such
manner as not to delay the progress of the work, or damage said Contractor, except where
such delays are specifically mentioned elsewhere in the Contract Documents. The Owner
will attempt to coordinate the collateral work of utility 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
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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
3.08 Damages
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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.
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 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
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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 and payment bond are fumished 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 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 bome by the Contractor
at his own cost and expense.
3.12 Protection of Adjoining Property
The said Contractor shall take proper means to protect the adjacent or adjoining property or
properties in any way encountered, which might be injured or seriously affected by any
process of construction to be undertaken under this Agreement, from any damage or injury
by reason of said process of 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 Furnishers
of Machinery, Equipment and Supplies
The Contractor agrees that he will indemnify and save the Owner and Engineer harmless
from all claims growing out 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
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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 altemate 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 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.
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3.16 Assignment and Subletting
3.17 Indemnification
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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.
The Contractor shall defend, indemnify and hold harmless the Owner and the Engineer and
their respective officers, agents and employees, from and against all damages, claims, losses,
demands, suits, judgements and costs, including reasonable attorneys' fees and expenses,
arising out of or resulting from the performance of the work, provided that any such
damages, claim, loss, demand, suit, judgment, cost or expense:
1. Is attributable to bodily injury, sickness, disease or death to any person including
Contractor's employees and any Subcontractor's employees and any Sub -
Subcontractor's employees or to injury to or destruction of tangible property
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.
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3.18 Insurance
The Contractor shall carry insurance as follows for the duration of this contract.
A. Statutory Workmen's Compensation.
Definitions:
gencond.mslispec
Certificate of coverage, ( "certificate ") - A copy of a certificate of insurance, a
certificate of authority to self - insure issued by the Texas Workers' Compensation
Conunission, 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.
Persons providing services on the project ( "subcontractor" in § 406,096 - includes all
persons or entities performing all or part of the services the Contractor has
undertaken to perform on the project, regardless of whether that person contracted
directly with the Contractor and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner - operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering equipment
or materials, or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
The Contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, that meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees
of the Contractor providing services on the project, for the duration of the project.
This coverage shall include the following terms:
(a) Employer's Liability limits of $100,000.00 for each accident is
required.
(b) "Texas Waiver of Our Right to Recover From Others" Endorsement
WC 42 03 04 shall be included in this policy.
( c) Texas must appear in Item 3A of the Worker's Compensation
coverage or Item 3C must contain the following: Ass States except those
GC -17
gencond.msJ pec
listed in 3A and the States of NV, ND, 011, 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 goverrunental entity:
(a) a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity will have on file certificates of coverage
showing coverage for all persons providing services on the 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
GC -18
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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
(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.
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geneond.msUspec
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 occurrence.
Contractor shall require subcontractors to provide Automobile Liability Insurance
with same minimum limits.
The Contractor shall not commence work at the site under this contract until he has obtained
all required insurance and until such insurance has been approved by the Owner and
Engineer. The Contractor shall not allow any Subcontractors to commence work until all
insurance required has been obtained and approved. Approval of the insurance by the Owner
and Engineer shall not relieve or decrease the liability of the contractor hereunder.
The required insurance must be written by a company licensed to do business in Texas at the
time the policy is issued. In addition, the company must be acceptable to the Owner and all
insurance (other than Workmen's compensation) shall be endorsed to include the Owner as
an additional insured thereunder.
The Contractor shall not cause any insurance to be cancelled nor permit any insurance to
lapse. All insurance certificates shall include a clause to the effect that the policy shall not
be cancelled or reduced, restricted or limited until ten (10) days after the Owner has received
written notice as evidenced by return receipt of registered or certified letter. Certificates of
Insurance shall contain transcripts from the proper office of the insurer, evidencing in
particular those insured, the extent of the insurance, the location and the operations to which
the insurance applies, the expiration date, and the above mentioned notice of cancellation
clause.
3.19 Final Clean -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
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Contractor's expense and the reasonable cost thereof shall be deducted from the final
payment.
3.20 Guarantee Against Defective Work
genconn.msUspec
The contractor warrants the materials and workmanship and that the work is in conformance
with the plans and specifications included in this contract for a period of one year from the
date of acceptance of the project. Said warranty binds the contractor to correct any work
that does not conform with such plans and specifications or any defects in workmanship or
materials furnished under this contract which may be 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
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 furnish a manufacturer's certificate stating that the material meets the
requirements specified for this project.
3.22 Wage Rates (Information From Chapter 2258 Texas Government Code Title 10)
2288.021. Duty of Government Entity to Pay Prevailing Wage Rates
a. The state or any political subdivision of the state shall pay a worker employed by it or
on behalf of it:
(1) not less than the general prevailing rate of per diem wages for work of
a similar character in the locality in which the work is performed; and
(2) not less than the general prevailing rate of per diem wages for legal
holiday and overtime work.
b. Subsection (a) does not apply to maintenance work.
c. A worker is employed on a public work for the purposes of this section if the worker
GC -21
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is employed by a contractor or subcontractor in the execution of a contract for the
public work with the state, a political subdivision of the state, or any officer or public
body of the state or a political subdivision of the state.
2258.023. Prevailing Wage Rates to be Paid by Contractor and Subcontractor; Penalty
a. The contractor who is awarded a contract by a public body or a subcontractor of the
contractor shall pay not less than the rates determined under Section 2258.022 to a
worker employed by it in the execution of the contract.
b. A contractor or subcontractor who violates this section shall pay to the state or a
political subdivision of the state on whose behalf the contract is made, $60 for each
worker employed for each calendar day or part of the day that the worker is paid less
than the wage rates stipulated in the contract. A public body awarding a Contract shall
specify this penalty in the contract.
c. A contractor or subcontractor does not violate this section if a public body awarding
a contract does not determine the prevailing wage rates, and specify the rates in the
contract as provided by Section 2258.022.
d. The public body shall use any money collected under this section to offset the costs
incurred in the administration of this chapter.
e. A municipality is entitled to collect a penalty under this section only if the
municipality has a population of more than 10,000.
2258.051. Duty of Public Body to Hear Complaints and Withhold Payment
A public body awarding a contract, and an agent or officer of the public body, shall:
1. take cognizance of complaints of all violations of this chapter committed in the
execution of the contract; and
2. withhold money forfeited or required to be withheld under this Chapter from the
payments to the contractor under the contract, except that, the public body may not
withhold money from other than the final payment without determination by the public
body that there is good cause to believe that the contractor has violated this chapter.
Applicable wage rates are shown in
CONDITIONS.
II 1� - •a
GC - 22
WR1001 July 1997
S of the SPECIAL
4. Prosecution and Progress
4.01 Time and Order of Completion
gencond. ms'spec
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
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5.01 Quantities and Measurements
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.
5.02 Estimated Quantities
gencond.msUspec
This agreement, including the specifications, plans and estimate, is intended to show clearly
all work to be done and material to be furnished hereunder. Where the estimated quantities
are shown for the various classes of work to be done and material to be furnished under this
contract, they are approximate and are to be used only as a basis for estimating the probable
cost of the work and for comparing the proposals offered for the work. It is understood and
agreed that the actual amount of work to be done and material to be 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 furnished.
Where payment is based on the unit price method, the Contractor agrees that he will make no
claim for damages, anticipated profits or otherwise on account of any differences which may
be found between the quantities of work actually done, the material actually fumished under
this contract and the estimated quantities contemplated and contained in the proposal;
provided, however, that in case the actual quantity of any major item should become as much
as 20% more than, or 20% less than the estimated or contemplated quantity for such items,
then either party to this Agreement, upon demand, shall be entitled to revised consideration
upon the portion of the work above or below 20% of the estimated quantity.
A "Major Item" shall be construed to be any individual bid item incurred in the proposal that
has a total cost equal to or greater that five (5) percent of the total contract cost, computed on
the basis of the proposal quantities and the contract unit prices.
Any revised consideration is to be determined by agreement between the parties, otherwise by
the terms of this Agreement, as provided under "Extra Work ".
5.03 Price of Work
In consideration of the furnishing of all the necessary labor, equipment and material, and the
completion of all work by the Contractor, and on the completion of all work and on the
delivery of all material embraced in this Contract in full conformity with the specifications and
stipulations herein contained, the Owner agrees to pay the Contractor the prices set forth in the
Proposal hereto attached, which has been made a part of this contract. The Contractor hereby
agrees to receive such prices in full for furnishing all material and all labor required for the
aforesaid work, also for all expense incurred by him, and for well and truly performing the
same and the whole thereof in the manner and according to this Agreement.
GC -24
5.04 Partial Payments
gencond.msUspec
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 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
GC -25
5.07 Final Payment
5.08 Payments Withheld
gencond.mstlspcc
Acceptance of the work to the Contractor or to advise the Contractor in writing of the reason
for non - acceptance.
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.
The Owner may, on account of subsequently discovered evidence, withhold or nullify the
whole or part of any certificate to such extent as may be necessary to protect himself from loss
on account of:
a) Defective work not remedied or other obligations hereunder not done.
b) Claims filed or reasonable evidence indicating probable filing of claims.
c) Failure of the Contractor to make payments properly to subcontractors or for material
or labor.
d) Damage to the Owner or another contractor's work, material or equipment.
e) Reasonable doubt that the work can be completed for the unpaid balance of the
contract amount.
Reasonable indication that the work will not completed within the contract time.
Other causes affecting the performance of the contract.
f)
g)
When the above grounds are removed or the Contractor provides a Surety Bond satisfactory
to the Owner, which will protect the Owner in the amount withheld, payment shall be made
for amounts withheld because of them.
5.09 Delayed Payments
Should the Owner fail to make payment to the Contractor of the sum named in any partial or
final statement, when payment is due, then the Owner shall pay to the Contractor, in addition
GC -26
to the sum shown as due by such statement, interest thereon at the rate of 6% per annum,
unless otherwise specified, from date due as provided under 'partial payments' and final
'payments,' until fully paid, which shall fully liquidate any injury to the Contractor growing
out of such delay in payment. It is expressly agreed that delay by the Owner in making
payment to the Contractor of the sum named in any partial or final statement shall not
constitute a breach of this contract on the part of the Owner nor an abandonment thereof nor
shall it to any extent or for any time relieve the Contractor of his obligations to fully and
completely perform hereunder.
6. Extra Work and Claims
6.01 Change Orders
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.
6.02 Minor Changes
Any request by the Contractor for a change in Contract Price shall be made prior to beginning
the work covered by the proposed change.
gencond.mst /spec
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 in
writing shall advise the Owner of his request to the Engineer for a written Field Order and that
work involved may result in an increase in the Contract Price.
6.03 Extra Work
It is agreed that the basis of compensation to the Contractor for work either added or deleted
GC -27
gencond.msUspcc
by a Change Order or for which a claim for Extra Work is made shall be determined by the
unit prices upon which this contract was bid to the extent such work can be fairly classified
within the various work item descriptions and for work items that cannot be so classified by
one or more of the following methods:
Method (A)
By agreed unit prices; or
Method (B)
By agreed lump sum; or
Method (C)
If neither Method (A) nor Method (B) be agreed upon before the Extra Work
is commenced, then the Contractor shall be paid the "actual field cost" of the
work, plus fifteen (15) percent.
In the event said Extra Work be performed and paid for under Method (C), then the provisions
of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost
to the Contractor of all workmen, such as foreman, timekeepers, mechanics and laborers, and
materials, supplies, trucks, rentals on machinery and equipment, for the time actually
employed or used on such Extra Work, plus actual equipment, for the time actually employed
or used on such Extra Work, plus actual transportation charges necessarily incurred, together
with all power, fuel, lubricants, water and similar operating expenses, also all necessary
incidental expenses incurred directly on account of such Extra Work, including Social
Security, Old Age Benefits and other payroll taxes, and, a rateable proportion of premiums on
Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property
Damage and Workmen's Compensation, and all other insurance as may be required by any law
or ordinance, or directed by the Owner, or by them agreed to. The Engineer may direct the
form in which accounts of the "actual field cost" shall be kept and the records of these
accounts shall be made available to the Engineer. The Engineer or Owner may also specify
in writing, before the work commences, the method of doing the work and the type and kind
of 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."
GC -28
gencond.msl/s'pec
No claim for Extra Work of any kind will be allowed unless ordered in writing by the
Engineer. In case any orders or instructions, either oral or written, appear to the Contractor
to involve Extra Work for which he should receive compensation or an adjustment in the
construction time, he shall make written request to the Engineer for written order authorizing
such Extra Work. Should a difference of opinion arise as to what does or does not constitute
Extra Work, or as to the payment therefor, and the Engineer insists upon its performance, the
Contractor shall proceed with the work after making written request for written order and shall
keep an accurate account of the "actual field cost" thereof, as provided under Method (C). The
Contractor will thereby preserve the right to submit the matter of payment to arbitration, as
hereinbelow provided.
6.04 Time of Filing Claims
It is further agreed by both parties hereto that all questions of dispute or adjustment presented
by the Contractor shall be in writing and filed with the Engineer within thirty (30) days after
the Engineer has given any directions, order or instruction to which the Contractor desires to
take exception. The Engineer shall reply within thirty (30) days to such written exceptions by
the Contractor and render his final decision in writing. In case the Contractor should appeal
from the Engineer's decision, any demand for arbitration shall be filed with the Engineer and
the Owner in writing within ten (10) days after the date of delivery to Contractor of the
Engineer's final decision. It is further agreed that final acceptance of the work by the Owner
and the acceptance by the Contractor of the final payment shall be a bar to any claims by either
party, except claims by Owner for defective work or enforcement of warranties and except as
noted otherwise in the contract documents.
6.05 Continuing Performance
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 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
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7. Abandonment of Contract
7.01 Abandonment by Contractor
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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.
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.
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
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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, 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
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machinery, equipment, tools, materials, or supplies, which remain on the work, and belong to
persons other than the Contractor or his Surety, to their proper owners. The books on all
operations provided herein shall be opened to the Contractor and his Surety.
7.02 Abandonment by Owner
In case the Owner shall fail to comply with the terms of this contract, and should fail to
comply with said terms within ten (10) days after written notification by the Contractor, then
the Contractor may suspend or wholly abandon the work, and may remove therefrom all
machinery, tools and equipment, and all materials on the site of work that have not been
included in payments to the Contractor and have not been wrought intb the work. And
thereupon the Engineer shall make an estimate of the total amount earned by the Contractor,
which estimate shall include the value of all work actually completed by said Contractor (at
the prices stated in the attached proposal where unit prices are used), the value of all partially
completed work at a fair and equitable price, and the amount of all Extra Work performed at
the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to
cover the cost of any provisions made by the Contractor to carry the whole work to completion
and which cannot be utilized. The Engineer shall then make a final statement of the balance
due the Contractor by deducting from the above estimate all previous payments by the Owner
and all other sums that may be retained by the Owner under the terms of this Agreement and
shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days
after the date of the notification by the Contractor the balance shown by said final statement
as due the Contractor, under the terms of this Agreement.
8. Subcontractors
8.01 Award of Subcontracts for Portions of the Work
Unless otherwise specified in the Contract Documents or in the Instructions to Bidders, the
Contractor, as soon as practicable after the award of the Contract, shall furnish to the Engineer
in writing for 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
GC -32
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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.
8.02 Subcontractual Relations
All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate
written agreement between the Contractor and the Subcontractor (and where appropriate
between 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.
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8.03 Payments to Subcontractors
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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 on
account of work done by such Subcontractors.
Neither the Owner nor the Engineer shall have any obligation to pay or to see to the payment
of any moneys to such Subcontractor except as may otherwise be required.
9. Separate Contracts
9.01 Owner's Right to Award Separate Contracts
The Owner reserves the right to award other contracts in connection with other portions of the
project under these or similar conditions of the Contract.
When separate contracts are awarded for different portions of the Project, "The Contractor"
in the contract documents in each case shall be the contractor who signs each separate contract.
9.02 Mutual Responsibility of Contractors
The Contractor shall afford other contractors reasonable opportunity for the introduction and
storage of their materials and equipment and the execution of their work, and shall properly
connect and coordinate his work with theirs.
If any part of the Contractor's work depends for proper execution or results upon the work of
any other separate contractor, the Contractor shall inspect and promptly report to the Engineer
any apparent discrepancies or defects in such work that render it unsuitable for such proper
execution and results. Failure of the Contractor to so inspect and report shall constitute an
acceptance of the other contractor's work as fit and proper to receive his Work, except as to
defects which may develop in the other separate contractor's work after the execution of the
Contractor's Work.
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Should the Contractor cause damage to the work or property of any separate contractor on the
project, the Contractor shall, upon due notice, settle with such other contractor by agreement
or arbitration, if he will so settle. If such separate contractor sues the Owner or initiates an
arbitration proceeding on account of any damage alleged to have been so sustained, the Owner
shall notify the Contractor who shall defend such proceedings at the Contractor's expense, and
if any judgment or award against the Owner arises therefrom the Contractor shall pay or
satisfy it and shall reimburse the Owner for all attorney's fees and court or arbitration costs
which the Owner has incurred.
9.03 Cutting and Patching under Separate Contracts
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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 Documents.
The Contractor shall not endanger any work of any other contractors by cutting, excavating
or otherwise altering any work and shall not cut or alter the work of any other contractor
except with the written consent of the Engineer.
Any costs caused by defective or ill -timed work shall be bome by the party responsible
therefor.
10. Protection of Persons and Property
10.01 Safety Precautions and Programs
The Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the work.
10.02 Safety of Persons and Property
The Contractor shall take all reasonable precautions for the safety of and shall provide all
reasonable protection to prevent damage, injury, or loss to:
(1)
(2)
(3)
all employees on the work and all other persons who may be affected thereby:
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
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,
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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.
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
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10.03 Location and Protection of Utilities
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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 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.
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.
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5.0 SPECIAL CONDITIONS
SECTION 01- INFORMA.TION
01 -01 ENGINEER
01 -05 LOCATION
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The word "Engineer" in these Specifications shall be understood as referring
to the City of Round Rock, 221 East Main Street, Round Rock, Texas 78664,
Engineer of the Owner, or the Engineer's authorized representative to act in
any particular position for the Owner.
01 -02 COPIES OF PLANS ANT) SPECIFICATIONS FURNISHED
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 FAIT,URE TO COMPLETE ON TIME
The Contractor agrees that time is of the essence for this Contract and that the
definite value of damages which would result from delay would be incapable
of ascertainment and uncertain, so that for each day of delay beyond the
number of days herein agreed upon for the 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 $250.00
per calendar day.
The location of work shall be as mentioned in the Notice to Bidders and as
indicated on Plans.
01 -06 USAGE OF WATER
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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.
SECTION 02- SPECIAI, CONSIDERATIONS
02 -01 CROSSING IJTIL,ITTES
Prior to commencing the work associated with this contract, it shall be the
Contractors 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 I ITT I,ITY SERVICES FOR CONSTRIJCTION
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
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The Contractor warrants the materials and workmanship and that the work is
in conformance with the plans and specifications included in this contract for
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02 -04 MINIM 1M WA A . .
02 -05 LIMIT OF FINANCIAL RESOURCES
02 -06 CONSTR!JCTION REVIEW
02 -07 LIMITS OF WORK AND PAYMENT
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the period that the Warranty 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,
final payment nor any provision in Contract Documents relieves Contractor
of above guarantee. Notice of observed defects will be given with reasonable
promptness. Failure to repair or replace defect upon notice entitles Owner to
repair or replace same and recover reasonable cost thereof from Contractor.
Contractors are required to pay 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 Contractors and Subcontractors shall keep and make
available records of workers and their wages. Contractors and Subcontractors
shall pay the prevailing wage rates as adopted by the Owner. There is a
statutory penalty of $60.00 per worker per day or portion of a day that the
prevailing wage rate is not paid by the Contractor or any Subcontractor.
The Owner has a limited amount of financial resources committed to this
Project; therefore, it shall be understood by all bidders that the Owner may be
required to change and/or delete any items which he may feel is necessary to
accomplish all or part of the scope of work within its limit of financial
resources. Contractor shall be entitled to no claim for damages or anticipated
profits on any portion of work that may be omitted. At any time during the
duration of this contract, the Owner reserves the right to omit any work from
this contract. Unit prices for all items previously approved in this contract
shall be used to delete or add work per change order.
The Owner shall provide a project representative to review the quality of
materials and workmanship.
SC -4
02 -08
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.
a dU a • : 1/ • : - 0 • . • \II
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- RIJII,T" DRAWINGS
The Contractor shall mark all changes and revisions on all of his copies of the
working drawings during the course of the Project as they occur. Upon
completion of the Project and prior to final acceptance and payment, the
Contractor shall submit to the Engineer one set of his working drawings, dated
and signed by himself and his project superintendent and labeled as "As-
Built", that shows all changes and revisions outlined above and that shows
field locations of all above ground appurtenances including but not limited to
valves, fire hydrants and manholes. These as -built drawings shall become the
property of the Owner. Each appurtenance shall be located by at least two (2)
horizontal distances measured from existing, easily identifiable, immovable
appurtenances such as fire hydrants or valves. Property pins can be used for
as- builts tie -ins provided no existing utilities as previously described are
available. Costs for delivering as -built drawings shall be subsidiary to other
bid items.
02 -10 I,AND 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 OCCASIONF,D BY IJTII,ITY STRIJCTIJRF,S
Whenever existing utilities, not indicated on Plans, present obstructions to
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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.
SECTION 0'i- TRAFFIC CONTROT,
Access shall be provided for residents and emergency vehicles at all times.
When it becomes necessary to restrict access, the Contractor shall notify all
applicable agencies (ie. Fire Department, E.M.S., Public Works, etc.). At the
end of each day two lanes of traffic shall be opened to the public. The
Contractor shall be responsible for all maintenance, signing and safety
precautions necessary for traffic control. This item shall be considered
subsidiary to other bid items and no additional compensation shall be given for
complying with this Special Condition.
SECTION 04- WARRANTY BOA
Per City of Round Rock Ordinances, a two (2) year Warranty 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. Warranty Bond shall remain in effect for two (2) years
from date of City of R. es t . . • . . I • . • a provements Such bonds
shall be from an approved surety company holding a permit from the State of
Texas to act as surety or other surety or sureties acceptable to the Owner prior
SC -6
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to final payment.
A one (1) year Warranty 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.
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IL I It
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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 Gen • • - 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 T iahility 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."
SC -8
specondmsUspecs
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.
SC -9
specond.msUspecs
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.
SC -10
SECTION 06- WAGF RATES
GENERAL DECISION TX960043 03/15/96 TX43
General Decision Number TX960043
Superseded General Decision No. TX950043
State: TEXAS
Construction Type:
HEAVY
HIGHWAY
County(ies):
BELL CORYELL TRAVIS
BEXAR GUADALUPE WILLIAMSON
BRAZOS HAYS
COMAL MCLENNAN
Heavy (excluding tunnels and dams) and Highway Construction Projects (does not include building
structures in rest area projects). *NOT TO BE USED FOR WORK ON SEWAGE OR WATER
TREATMENT PLANTS OR LIFT/PUMP STATIONS IN BELL, CORYELL, MCLENNAN AND
WILLIAMSON COUNTIES.
Modification Number Publication Date
0 03/15/1996
COUNTY(ies):
BELL CORYELL TRAVIS
BEXAR GUADALUPE WILLIAMSON
BRAZOS HAYS
COMAL MCLENNAN
SUTX2042A 11/16/1991
Rates Fringes
AIR TOOL OPERATOR 6.500
ASPHALT HEATER OPERATOR 6.500
ASPHALT RAKER 7.011
ASPHALT SHOVELER 6.550
BATCHING PLANT WEIGHER 8.173
BATTERBOUARD SETTER 7.700
CARPENTER 9.054
CONCRETE FINISHER - PAVING 8.600
CONCRETE FINISHER- STRUCTURES 7.903
specond.msYspecs
SC -11
CONCRETE RUBBER 6.740
ELECTRICIAN 13.710
FLAGGER 5.150
FORM BUILDER - STRUCTURES 8.017
FORM LINER - PAVING & CURB 7.250
FORM SETTER- PAVING & CURB 7.683
FORM SETTER - STRUCTURES 7.928
LABORER - COMMON 6.078
LABORER - UTILITY 6.852
MECHANIC 10.774
OILER 9.389
SERVICER 7.280
PAINTER - STRUCTURES 10.000
PILEDRIVER 6.600
PIPE LAYER 7.229
BLASTER 9.067
ASPHALT DISTRIBUTOR OPERATOR 7.304
ASPHALT PAVING MACHINE 7.945
BROOM OR SWEEPER OPERATOR 7.117
BULLDOZER, 150 HP & LESS 8.125
BULLDOZER, OVER 150 HP 8.593
CONCRETE PAVING CURING MACHINE 7.633
CONCRETE PAVING FINISHING MACHINE 9.067
CONCRETE PAVING GANG VIBRATOR 7.250
CONCRETE PAVING SAW 6.200
SLIPPORM MACHINE OPERATOR 8.700
CRANE, CLAMSHELL, BACKHOE,
DERRICK, DRAGLINE, SHOVEL
LESS THAN 1 ''/ C.Y. 8.427
CRANE, CLAMSHELL, BACKHOE,
DERRICK, DRAGLINE, SHOVEL
1 %2 C.Y. &:OVER 9.880
FOUNDATION DRILL OPERATOR.
CRAWLER MOUNTED 10.475
FOUNDATION DRILL OPERATOR 10.923
TRUCK MOUNTED
FRONT END LOADER 2 '/2 C.Y. & LESS 7.499
FRONT END LOADER OVER 2' /2 C.Y. 8.255
HOIST - DOUBLE DRUM 10.750
MOTOR GRADER OPERATOR 9.657
PAVEMENT MARKING MACHINE 6.078
PLANER OPERATOR 7.250
ROLLER, STEEL WHEEL PLANT -MIX
PAVEMENTS 7.083
ROLLER, STEEL WHEEL OTHER
specond.msL'specs
SC -12
FLATWHEEL OR TAMPING 6.403
ROLLER, PNEUMATIC, SELF PROPELLED 6.433
SCRAPER -17 C.Y. & LESS 7.245
SCRAPER -OVER 17 C.Y. 7.495
SELF PROPELLED HAMMER OPERATOR 6.078
SIDE BOOM 9.000
TRACTOR - CRAWLER TYPE 7.539
TRACTOR - PNEUMATIC 6.707
TRENCHING MACHINE 6.850
WAGON - DRILL/BORING MACHINE/POST
HOLE DRILLER OPERATOR 6.926
REINFORCING STEEL SETTER PAVING 8.158
REINFORCING STEEL SETTER
STRUCTURES 9.062
STEEL WORKER - STRUCTURAL 9.242
SIGN ERECTOR 8.640
SPREADER BOX OPERATOR 6.541
BARRICADE SERVICER WORK ZONE 6.078
MOUNTED SIGN INSTALLER PERMANENT
GROUND 6.078
TRUCK DRIVER - SINGLE AXLE LIGHT 6.493
TRUCK DRIVER -SINGLE AXLE HEAVY 6.674
TRUCK DRIVER - TANDEM AXLE SEMI-
TRAILER 6.824
TRUCK DRIVER - LOWBOY/FLOAT 8.041
TRUCK DRIVER - TRANSIT MIX 6.078
WELDER 8.824
Unlisted classifications needed for work not included, within the scope of the classifications listed
may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5 (a) (1)
(v)).
In the listing above, the "SU" designation means that rates listed under that identifier do not reflect
collectively. bargained wage and fringe benefit rates. Other designations indicate unions whose rates
have been determined to be prevailing.
specond,mst/spces
END OF GENERAL DECISION
SC -13
CLASSIFICATION
Rate
Health
Pension
Vacation
Total Wage
ASBESTOS WORKER
$8.78
$0.00
$0.00
$0.00
$8.78
CARPENTER
$15.52
$1.57
$0.97
$0.00
$18.06
CARPET LAYER/FLOORING INSTALLER
$8.00
$0.00
$0.00
$0.00
$8.00
CONCRETE FINISHER
$10.27
$0.00
$0.00
$0.00
$10.27
DATA COMMUNICATION/TELECOM INSTALLER
$12.08
$0.76
$0.50
$0.05
$13.39
DRYWALL INSTALLER/CEILING INSTALLER
$10.91
$0.00
$0.00
$0.00
$10.91
ELECTRICIAN
$17.44
$2.16
$1.05
$1.05
$21.70
ELEVATOR MECHANIC
$16.75
$3.85
$2.19
$1.50
$24.29
FIRE PROOFING INSTALLER
$8.00
$0.00
$0.00
$0.00
$8.00
GLAZIER
$13.60
$2.24
$1.15
$0.54
$17.53
HEAVY EQUIPMENT OPERATOR
$10.56
$0.00
$0.00
$0.00
$10.56
INSULATOR
$13.75
$1.16
$0.92
$0.03
$15.86
IRON WORKER
$12.18
$0.00
$0.00
$0.00
$12.18
LABORER/HELPER
$7.48
$0.02
$0.00
$0.00
$7.50
LATHER/PLASTERER
$12.50
$0.00
$0.00
$0.00
$12.50
LIGHT EQUIPMENT OPERATOR
$7.75
$0.00
$0.00
$0.00
$7.75
MASON
$16.00
$0.00
$0.00
$0.00
$16.00
METAL BUILDING ASSEMBLER
$11.00
$0.62
$0.00
$0.34
$11.96
MILLWRIGHT
$15.91
$1.63
$1.00
$0.00
$18.54
PAINTER/WALL COVERING INSTALLER
$8.00
$0.00
$0.00
$0.00
$8.00
PIPEFITTER
$18.10
$1.42
$1.80
$0.00
$21.32
PLUMBER
$12.68
$0.00
$0.00
$0.00
$12.68
ROOFER
$10.00
$0.00
$0.00
$0.00
$10.00
SHEET METAL WORKER
$18.40
$2.39
$2.55
$0.33
$23.67
SPRINKLER FITTER
$18.25
$3.40
$2.20
$0.00
$23.85
TERRAZZO WORKER
$0.00*
$0.00
$0.00
$0.00
$0.00*
TILE SETTER
$15.00
$0.32
$0.00
$0.00
$15.32
WATERPROOFER/CAULKER
$10.64
$0.00
$0.00
$0.00
$10.64
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
COUNTY NAME: WILLIAMSON
*$0.00 in the rate field indicated insufficient data was received to determine a prevailing wage rate for this
classification. Government Code Title 10, Sec. 2258.023, paragraph C state: "A contractor or subcontractor does
not violate this section if a public body awarding a contract does not determine the prevailing wage rates and
specify the rates in the contract as provided in Section 2258.022.
(Property of General Services Commission, Based on 1996 Survey results)
specond.mst/specs
PREVAILING WAGE RATE DETERMINATION
BUILDING CONSTRUCTION TRADES
SC - 14
Date Printed: April 15, 1997
6.0 TECHNICAL SPECIFICATIONS
ITEM 1 GENERAT, DESCRIPTTON
1.01 SCOPE OF WORK
1.02
tecspc98.smp /specaw
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 Z► ► .►
NOTE: The item number designation shown in parentheses adjacent to
captions herein is a reference to City of Austin Standard Specifications.
WE
► 1 It: ► : u ' t e / ►I ► -
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.
TS -1
ITEM 1 GENERAL DESCRIPTION
1.01 SCOPE OF WORK
1.02
tecspc98.smp /specaw
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.
O / t► ► 1h.
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.
TS -1
ITEM 2 CONTROT, OF WORK
2.01 CT ,FAN-UP
2.01 1 CONSTRUCTION SITE
During construction the Contractor shall keep the site free and clean from all rubbish
and debris and shall clean -up the site promptly when notified to do so by the
Engineer.
2.01.2 RACKWORK
2.02 GRADING
The Contractor shall, at his own expense, maintain the streets and roads free
from dust, mud, excess earth or debris which constitutes a nuisance or danger
to the public using the thoroughfare, or the occupants of adjacent properties.
Care shall be taken to prevent spillage on streets and roads over which hauling
is done, and any such spillage or debris deposited on streets, due to the
Contractor's operations, shall be immediately removed.
The Contractor shall coordinate his operations in such a manner as to prevent
the amount of clean -up and completion of back works from becoming
excessive. Should such a condition exist, the Engineer may order all or
portions of the work to cease and refuse to allow any work to commence until
the back work is done to the Engineer's satisfaction.
The Contractor shall do such grading in and adjacent to the construction area
associated with this contract as may be necessary to leave such areas in a neat
and satisfactory condition approved by the Engineer.
tecspc98.smp /specaw 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 CONSTRUCTION STAKING
The Engineer shall furnish the Contractor reference points and benchmarks for
construction as necessary.
3.04 PROTECTION OF STAKES, MARKS, F
All engineering and surveyor's stakes, marks, property corners, etc., shall be
carefully preserved by the Contractor, and in case of destruction or removal
during the course of this project, such stakes, marks, property comers, etc.,
shall be replaced by the Contractor at the Contractor's sole expense.
tecspc98.smp /specaw TS -3
ITEM 4 PROTECTION AND PRECAUTION
4.01
tecspc98.smp /specaw
Portions of the work may continue as directed by the Engineer.
4.02 PROTECTION OF TREES, PLANTS AND SHRUBS
The Contractor shall take necessary precautions to preserve all existing trees,
plants and shrubs but where it is justifiable and necessary the Contractor may
remove trees and plants for construction right -of -way but only with approval
of the Engineer.
4.03 TRAFFIC CONTROL
:■1
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 overnight. No separate pay will be made for this item. Costs
for this item shall be subsidiary to other items of work.
4.04 PROPERTY TINES AND MONUMENTS
The Contractor shall be responsible for the protection, reference and resetting
of property corner monuments if disturbed.
4.05 DISPOSAT, OF SURPLUS MATERIAI,
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.
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 MATERIALS AND WORKMANSIIP
tecspc98.smp /specaw
No material which has been used by the Contractor for any temporary purpose
whatever is to be incorporated in the permanent structure without the written
consent of the Engineer. Where materials or equipment are specified by a
trade or brand name, it is not the intention of the owner to discriminate against
an equal product of another manufacturer, but rather to set a definite standard
of quality for performance, and to establish an equal basis for the evaluation
of bids. Where the words "equivalent ", "proper" or "equal to" are used, they
shall be understood to mean that the item referred to shall be "proper ", the
"equivalent" of, or "equal to" some other item, in the opinion or judgement of
the Engineer. Unless otherwise specified, all materials shall be the best of
their respective kinds and shall be in all cases fully equal to approved samples.
Notwithstanding that the words "or equal to" or other such expressions may be
used in the specifications in connection with a material, manufactured article
or process, the material, article or process specifically designated shall be used,
unless a substitute is approved in writing by the Engineer, and the Engineer
will have the right to require the use of such specifically designated material,
article or process.
TS -5
ITEM 6 GRADING, RESTORATION, REVEGETATION, AND EROSION
CONTROI (series 600)
tecspc98.smp /specaw
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 final acceptance and shall remove
them after final acceptance of the project.
This item will not be measured and paid for separately. Costs for this item
shall be subsidiary to other items of work.
RESTORATI N AND REVEGETATION
Unless otherwise directed by the Engineer:
All unpaved areas disturbed during construction shall be graded and shaped to
conform to the topography existing prior to construction. Said areas shall then
be restored by providing topsoil and vegetation or by providing surface
material that existed prior to construction (ie. peagravel, flexible base, etc.).
TS -6
tecspc98.smp /specaw
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 ANT) 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.
TS -7
TTEA g MATT, BOXES
tecspc98.smp /specaw
The Contractor shall temporarily relocate all mail boxes that are in conflict
with construction activities. Mail boxes that are temporarily relocated shall be
erected in an upright position and shall be sufficiently anchored to prevent
them from being easily tipped or blown over, lifted or removed. The
temporary location of all mail boxes shall be outside the construction area and
shall be readily accessible for mail delivery and retrieval. The temporary
location of mail boxes and the means and methods of installation shall be
subject to the approval of the Engineer.
As soon as practical during or after construction, all mail boxes temporarily
relocated shall be permanently reinstalled. Mail boxes shall be installed in the
same respective location that they were in prior to construction, unless
otherwise requested by the property owner. However, all mail boxes shall be
installed according to postal regulations regardless of the installation prior to
construction.
The City of Round Rock may allow the various property owners the option of
replacing their existing mail boxes. In such cases, the property owner will be
responsible for purchasing and providing a new mail box to the Contractor
who will permanently install the new box and will be responsible for
discarding the old box. Property owners exercising such option shall provide
a new mail box that requires installation, in the opinion of the Engineer, that
is similar to that of the mail box it is intended to replace.
Mail boxes damaged by the Contractor shall be repaired or replaced as directed
by the Engineer and at the Contractor's sole expense without additional
compensation from the Owner.
Temporary relocation and installation of existing mail boxes, discarding of old
mail boxes (where applicable), and permanent installation of existing or new
mail boxes (where applicable), will not be measured and paid for separately.
Costs for these items shall be subsidiary to other items of work.
TS -8
ITEM 9
9.01
MIXTURE.
tecspc98.smp /specaw
MICRO - SURFACING (POLYMF,R MODIFIED)
COMPOSITE MICRO - SURFACING (POLYMER MODIFIED)
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 FINAT, 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 CONSTRtJCTIONMETHODS
All '' /a 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 type D, spot fill and level -up ". No separate
payment will be made for sealing ''A 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.
TS -9
1993 Specifications
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.
mi crospec /aw /1k
SPECIAL SPECIFICATION
ITEM 3042
MICRO - SURFACING (POLYMER MODIFIED)
(1) Asphaltic Material.
The asphalt material, designated as CSS -1P, shall be a cationic slow setting
emulsion modified with an approved polymer. The polymer shall be
incorporated by blending with the base asphalt prior to emulsification or it shall
be co- milled with the asphalt to produce the finished emulsion. The distillation
residue of the modified emulsion shall contain a minimum of 3.0 percent
polymer by weight, as determined by an analytical method approved by the
Department. The emulsion supplier shall furnish the Department samples of the
base asphalt and polymer used in the finished emulsion.
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
*The standard distillation procedure shall be modified as follows:
The temperature on the lower thermometer shall be brought slowly to 350 plus or minus
10 F and maintained at this point for 20 minutes. Complete the total distillation in 60
plus or minus 5 minutes from the first application of heat.
(2) Mineral Aggregate.
(a) Description. The mineral aggregate shall all be generated
by crushing operations from a single source and shall be
composed of clean, tough and durable particles of crushed
traprock, crushed granite, crushed sandstone or other
material approved by the Engineer. A sand equivalent of
70 or higher is required unless otherwise shown on the
plans. The aggregate shall show a maximum weighted loss
of 30 percent when subjected to five (5) cycles of
conditioning using magnesium sulfate solution in
accordance with Test Method Tex - 411 -A. The test shall be
performed on the gradation to be used on the project.
(b) Grades. When tested by Test Method Tex - 200 -F, Part II,
Washed Sieve Analysis, the gradation requirements shall be
as follows:
mcruspec /awnk
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.
Grade 1 Percent Aggregate
(Fine Graded Surface Course) By Weight
Retained on 3/8" sieve 0
Retained on No. 4 sieve 0 -2
Retained on No. 8 sieve 10 -25
Retained on No. 16 sieve 25 -50
Retained on No. 30 sieve 50 -70
Retained on No. 50 sieve 65 -82
Retained on No. 100 sieve 79 -90
Retained on No. 200 sieve 85 -95
2 -8
(3)
3. Paving Mixture.
mi crospec /aw /1k
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.
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 worldng 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
(Portland Cement)
Field Control Additive
Water
miccospec /au /1k
- 0.5 to 3.0 percent by weight of dry aggregate
- As required to provide control of break and cure
- 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) Determination of Mixture Composition and Tolerances: Determination of aggregate
gradation may be based on sieve analysis of representative samples taken from the
stockpile at the job site. The amount of mineral filler added to the mix shall be
included in determining the total minus No. 200 aggregate fraction. The asphalt content
may be determined in accordance with Test Method Tex - 228 -F. Alternately, aggregate
gradation and asphalt content may be determined by Test Method Tex - 210 -F. If Test
Method Tex -210 -F is used, an asphalt retention factor must be established.
Mix samples will be taken from the mixing unit discharge in a manner such that the
complete discharge stream is included in the sample. Mix samples shall be dried to
constant weight at 230 F plus or minus 10 F prior to determination of asphalt content
and aggregate gradation. The aggregate portion of the paving mixture produced shall
not vary from the design gradation by more than the tolerances which follow. The
material passing the No. 200 sieve is further restricted to conform to the limitations for
the master grading for the type specified. The residual asphalt content of the paving
4 -8
mixture shall not vary from the design amount by more than the allowed tolerance and
is also restricted to conform to the master limits.
Passing 3/8" sieve, retained on No. 4 sieve
Passing No. 4 sieve, retained on No. 8 sieve
Total retained on No. 8 sieve
Passing No. 8 sieve, retained on No. 16 sieve
Passing No. 16 sieve, retained on No. 30 sieve
Passing No. 30 sieve, retained on No. 50 sieve
Passing No. 50 sieve, retained on No. 100 sieve
Passing No. 100 sieve, retained on No. 200 sieve
Passing No. 200 sieve
Residual Asphalt Content
Percent by Weight or
Volume as Applicable
Plus or minus 5
Plus or minus 5
Plus or minus 5
Plus or minus 3
Plus or minus 3
Plus or minus 3
Plus or minus 3
Plus or minus 3
Plus or minus 2
Plus or minus 0.5 by wt.
4. Equipment. All equipment for the handling of all materials and mixing and placing of the
mixture shall be maintained in good repair and operating condition and is subject to the
approval of the Engineer. Any equipment found to be defective and potentially affecting
the quality of the paving mixture shall be replaced. All scales used in weighing aggregate
and emulsion shall conform to the requirements of Item 520, "Weighing and Measuring
Equipment ".
The material shall be mixed by a self - propelled micro - surfacing mixing machine which
shall be a continuous flow mixing unit able to accurately deliver and proportion the
aggregate, emulsified asphalt, mineral filler, field control additive and water to a
revolving multi -blade mixer and discharge the mixed product on a continuous flow basis.
The machine shall have sufficient storage capacity for aggregate, emulsified asphalt,
mineral filler, field control additive and water to maintain an adequate supply to the
proportioning controls. The machine shall be equipped with self loading devices which
provide for the loading of all materials while continuing to lay micro-surfacing, thereby
minimizing construction joints. The machine shall be equipped with opposite side driving
stations to optimize longitudinal alignment. The machine shall be equipped to allow the
mix operator to have full hydrostatic control of the forward and reverse speed during
application of the micro - surfacing material.
Individual volume or weight controls for proportioning each material to be added to the
mix shall be provided. Each material control device shall be calibrated and properly
marked. The aggregate feed to the mixer shall be equipped with a revolution counter or
similar device so the amount of aggregate used may be determined at any time. The
emulsion pump shall be a positive displacement type and shall be equipped with a
revolution counter or similar device so that the amount of emulsion used may be
determined at any time.
microspec /aw /1k
5 -8
5
The mixing machine shall be equipped with a water pressure system and nozzle type
spray bar to provide a water spray immediately ahead of and outside the spreader box. It
also shall be equipped with an approved fines feeder that shall provide a uniform,
positive, accurately metered, predetermined amount of the specified mineral filler.
Stockpiling and Storage.
(1) Ageregate 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)
(2) Weather Limitations. The material shall be spread only when the atmospheric
temperature is at least 50 F and rising and the weather is not foggy or rainy and
there is no forecast of temperatures below 32 F within 24 hours after mix
placement.
(3) 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
microspec /aw /lk
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.
6 -8
(1)
microspec /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.
(5) 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.
Aggregate. The quantity of aggregate used in the accepted portions of the work
shall be measured by net ticket weight of each individual load of aggregate
7 -8
microspec /aw /lk
shipped to the project based on dry weight of aggregate. The aggregate will be
weighed at the Contractor's stockpile site. The weighing equipment can be
either a suspended hopper or a belt scale meeting the requirements of Item 520.
The weight of mineral filler used shall be calculated and included in the total
aggregate weight.
8 -8
7.0 PLANS, DETAILS AND NOTES
PLAN SHEET
STREET MAINTENANCE . %�.
PROGRAM /MICRO- SURFACING
1998
LOCATION MAP
%',
Oakcreek Subdivision
STREET MAINTENANCE
PROGRAM /MICRO-SURFACING
LEGEND 1998
1 - e
AREA TO RECEIVE MICRO — SURFACING
g AREA TO RECEIVE ASPHALTIC CONCRETE
S AREA OF PAVEMENT REPAIR
AREA OF REMOVE & REPLACE C & G
REMOVE & REPLACE REINFORCED CONC DRWY
(SEE GENERAL NOTES ON PAGE E2)
600'
r
Oakiands Subdivision
STREET MAINTENANCE
PROGRAM /MICRO - SURFACING
LEGEND 1998
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 E/2d'4)
1' = 600'
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1
1
1
1
1
1
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GENERAL NOTES
1. All construction shall be in accordance with the City of Austin Standard Construction
Specifications as adopted and amended by the City of Round Rock.
2. If blasting is planned by the Contractor, a blasting permit must be secured from the City
of Round Rock prior to commencement of any construction. Blasting will not be permitted
within 15 feet of any existing utility lines or structures without prior written consent of the
Engineer.
3. Any existing utilities, pavement, curbs, sidewalks, structures, trees, etc., that are damaged
or removed shall be repaired or replaced by the Contractor at no cost to the Owner.
4. The Contractor shall verify all depths and locations of existing utilities prior to any
construction. Any discrepancies with the construction plans found in the field shall be
brought immediately to the attention of the Engineer.
5. Manhole frames, covers, valves, cleanouts, etc. shall be raised to finished grade prior to
fmal 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.
10. The Round Rock City Council shall not be petitioned for acceptance until all necessary
easement documents have been signed and recorded.
11. When construction is being carried out within easements, the Contractor shall confine his
plans98.smp /b:specaw
PDN-4
J ocation
Type
Oaklands Drive from RM 620 to end.
Double yellow with single - Type II -A -A
reflectorized pavement marker at 40'
spacing.
Oakwood Drive from RM 620 to end.
Double yellow with single - Type II -A -A
reflectorized pavement marker at 40'
spacing.
Various Locations at street intersections
12" White stop bar with non - reflectorized
buttons.
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1
1
1
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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. 3: HMAC spot fill and level -up at street cuts and depressions prior to micro -
surfacing, shall consist of applying a Type D or Type D modified HMAC level -up course
at spot locations as directed by the Engineer. The locations are generally previous street
cuts that have settled below grade and exhibit a rough vehicular ride, areas around
manholes and over utilities line.
14. Bid Item No. 6: Thermoplastic pavement markings (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:
plans98. smp /b: specaw
PDN -5
STREET AND DRAINAGE NOTES
1. All testing shall be done by an independent laboratory at the Owner's expense. Any
retesting shall be paid for by the Contractor. A City inspector shall be present during all
tests. City inspectors shall be given a minimum of 24 hours notice prior to any testing.
Telephone 218 -5555 (Inspections).
2. Backfill behind the curb shall be compacted to obtain a minimum of 95 % maximum density
to within 3" of top of curb. Material used shall be primarily granular with no rocks larger
than 6" in the greatest dimension. The remaining 3" shall be clean topsoil free from all
clods and suitable for sustaining plant life.
plans98.smplb:specaw
PDN -6
TRAFFIC MARKING NOTES
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
, latest edition. This manual
1 1 11 11
•o,. r
. 1 1 . . _
shall also apply to new construction in this project.
plans98.smp /b:specaw
PDN -7
pla ns98. smp /b: speca w
EROSION AND SEDIMENTATION CONTROL NOTES
1. Erosion control measures, site work and restoration work shall be in accordance with the
City of Round Rock Erosion and Sedimentation Control Ordinance.
PDN -8
CHANGE DATA
ITEM
DESCRIPTION OF
CHANGES
UNIT
QTY.
UNIT
PRICE
AMOUNT
ADDED DAYS
CALENDAR/
WORKING
#1
Micro - Surfacing
ton
-14.42
$128.00
($1,845.76)
#2
HMAC Type -D
ton
-14.00
$200.00
($2,800.00)
#3
Thermoplastic Pavement Markings
L.F.
- 5607.00
$0.25
($1,401.75)
#4
Reflectorized Pavement markings
Ea.
-81.00
$2.60
($210.60)
#5
Non- Reflectorized Pavement Markings
Ea.
75.00
$2.10
$157.50
TOTAL:
., _ ,
0
DEPARTMENT: Public Works
PROJECT: STREET MAINTENANCE PROGRAM CHANGE ORDER NO: 1
MICRO - SURFACING 1998 JUSTIFICATION: These are some
ORIGINAL CONTRACT PRICE: $228,267.80 quantity adjustments that need to be done to
adjust contract amount.
PREVIOUS CHANGE ORDERS: $0
THIS CHANGE ORDER: 46100.61
CHANGE ORDER TO DATE: 46100.61
PREPARED BY: TODD KELTGEN
Operations manager DATE THIS CHANGE ORDER: -3.00%
PREVIOUS CHANGE ORDER: 0%
TOTAL % CHANGE: -3.00%
BY: c / I g,,,_ ORIGINAL CONTRACT PRICE PLUS
TITLE: (A a t Ores ) at i CHANGE ORDERS: $222,167.19
NII 1 ►, /
Ballou Construction Co. Inc.
CONTRACTOR
APPROVED:
CITY OF ROUND ROCK 9Y-08-/3-1061
CONSTRUCTION CHANGE ORDER
CITY OF OUN + ROCK constco2/forms6 /Ik
PAGE 1 OF 1
DATE: 3/5/99
3/5/99 PERCENT OF ORIGINAL CONTRACT PRICE