R-01-06-14-16D2 - 6/14/20010:\ WP➢OCS \AESOLOTI \A1061402.WP0 /ec
RESOLUTION NO. R- 01- 06- 14 -16D2
WHEREAS, the City of Round Rock has duly advertised for bids for
the construction of a road that will connect Aten Loop to County Road
122 and serve the future sports complex to be constructed in Old
Settlers Park at Palm Valley, and
WHEREAS, Camp Excavation and Contracting, Inc. has submitted the
lowest responsible bid, and
WHEREAS, the City Council wishes to accept the bid of Camp
Excavation and Contracting, Inc., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the bid of Camp Excavation and Contracting, Inc. is hereby
accepted as the lowest responsible bid and subject to the negotiation
and final approval by the City Manager and City Attorney of a contract
document, the Mayor is hereby authorized and directed to execute a
contract with Camp Excavation and Contracting, Inc. for construction of
a road that will connect Aten Loop to County Road 122 and serve the
future sports complex to be constructed in Old Settlers Park at Palm
Valley.
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.
RESOLVED this 14th day of June, 2001.
ATTEST:
LAND, City Secretary
2
ROBERT A. STLUKA, JR., fayor
City of Round Rock, Texas
$ 3,354.20
$ 3,246.00
$ 3,246.00
$ 6,492.00
$ 3,895.20
$ 1,680.00
$ 2,400.00
$ 1,920.00
$ 7,200.00
$ 1,800.00
$ 850.00
$ 900.00
$ 1,800.00
$ 3,600.00
$ 1,637.94
$ 12,696.75
$ 16,082.55
$ 8,464.50
$ 16,929.00
$ 16,929.00
$ 44,928.00
$ 8,736.00
$ 9,984.00
$ 12,480.00
$ 39,936.00
$ 9,413.55
$ 13,946.00
$ 10,459.50
$ 13,946.00
$ 6,973.00
$ 49,815.70
$ 47,510.18
$ 52,697.60
$ 57,638.00
$ 49,815.70
$ 20,845.20
$ 20,126.40
$ 18,688.80
$ 23,361.00
$ 18,688.80
$ 16,212.00
$ 15,054.00
$ 13,896.00
$ 18,528.00
$ 13,896.00
$ 1,320.00
$ 792.00
$ 1,232.00
$ 1,320.00
$ 2,398.00
$ 7,800.00
$ 4,550.00
$ 6,727.50
$ 7,800.00
$ 10,010.00
$ 5,390.00
$ 2,842.00
$ 3,601.50
$ 4,900.00
$ 6,076.00
$ 5,600.00
$ 4,000.00
$ 6,000.00
$ 10,800.00
$ 12,400.00
$ 2,400.00
$ 1,700.00
$ 1,600.00
$ 5,000.00
$ 5,200.00
$ 4,900.00
$ 2,100.00
$ 560.00
$ 2,100.00
$ 3,290.00
$ 1,400.00
$ 1,540.00
$ 420.00
$ 1,400.00
$ 2,170.00
$ 1,750.00
$ 1,680.00
$ 490.00
$ 1,260.00
$ 2,730.00
$ 3,800.00
$ 2,850.00
$ 1,140.00
$ 3,800.00
$ 5,890.00
$ 2,400.00
$ 1,600.00
$ 1,600.00
$ 1,300.00
$ 720.00
$ 2,208.00
$ 1,840.00
$ 736.00
$ 736.00
$ 3,010.24
$ 3,843.60
$ 10,249.60
$ 4,612.32
$ 6,406.00
$ 6,534.12
$ 202,607.00
$ 163,744.73
$ 149,875.72
$ 206,996.00
$ 214,000.00
$ 40,140.75
$ 33,553.55
$ 45,287.00
$ 41,170.00
$ 39,111.50
$ 30,189.60
$ 31,267.80
$ 35,940.00
$ 36,658.80
$ 29,111.40
$ 70,330.35
$ 64,821.35
$ 81,227.00
$ 77,828.80
$ 68,222.90
$ 40,140.75
$ 33,553.55
$ 45,287.00
$ 41,170.00
$ 39,111.50
$ 20,845.20
$ 20,126.40
$ 25,158.00
$ 23,361.00
$ 18,688.80
$ 25,731.25
$ 16,468.00
$ 24,702.00
$ 28,819.00
$ 16,468.00
$ 86,717.20
$ 70,147.95
$ 95,147.00
$ 93,350.00
$ 74,268.30
Bid Tally Sheet: 48 Acre Soccer Complex Phase I
Bid Date 05/17/2001
Time of Bid: 2 pm
Bid Read B J. Wade Tomlinson
Bids Recorc Kenny Wilkison
Item
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
BaseBid
Alt a
Alt b
7
8
7
8
8a
(Austin Bridge and Road Belke Construction (Camp Excavation ACC Carlton Rodman Excavation
OLD SETTLER'S PARK AT PALM VALLEY
PROPOSED ROAD PLAN
CR 113
ito az)
Proposed Road
DATE: June 8, 2001
SUBJECT: City Council Meeting — June 14, 2001
ITEM: 16.D.2. Consider a resolution authorizing the Mayor to execute a contract
with Camp Excavation and Contracting, Inc. for the construction
of a road that will connect Aten Loop to County Road 122.
Resource: Sharon Prete, Parks and Recreation Director
Wade Tomlinson, Park Planner
History: The City recently purchased 48 acres to the east of OSPV to expand the park and
construct a soccer complex. The complex will house fields of varying sizes to
meet the needs of the program. First to be constructed will be the road, which
will provide direct access to County Road 122.
Funding:
Cost: $149,875.72
Source of funds: Park Development Fund
Outside Resources: The Round Rock Soccer Association contributed $50,000.
Impact: Construction of this road will allow direct access to County Road 122, which
will reduce congestion on Aten Loop.
Benefit: This road will help to improve traffic routing patterns, especially during
tournaments and special events.
Public Comment: The soccer community supports this project.
Sponsor: PARD
/
.,.
APP OVED BY
CI RNEY
CONTRACT DOCUMENTS AND
TECHNICAL SPECIFICATIONS FOR ROUND ROCK
SOCCER COMPLEX - PHASE 1
OLD SETTLERS PARK, ROUND ROCK, TEXAS
An employee -owned company
Document No. 010121
PBS&J Job No. 440451
CONTRACT DOCUMENTS AND
TECHNICAL SPECIFICATIONS FOR
ROUND ROCK SOCCER COMPLEX — PHASE 1
OLD SETTLERS PARK
ROUND ROCK, TEXAS
Prepared for:
City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
Prepared by:
PBS&J
206 Wild Basin Road
Suite 300
Austin, Texas 78746 -3343
April 2001
Printed on Recycled Paper
Q ' *
KEITH B. JACKSON
. fi
y S e S ,it
206 Wild Basin Road, Suite 300 • Austin, Texas 78746 • Telephone. 512.327.6840 • Fax: 512.327 2453 • www.pbsl.com
TABLE OF CONTENTS
Section Page
1.0 NOTICE TO BIDDERS NB-1
2.0 BID DOCUMENTS BD -1
Instructions to Bidders
Bid Bond
Proposal Bidding Sheet
3.0 POST BID DOCUMENTS PBD -1
Agreement
Performance Bond
Certificate of Insurance
Warranty Bond
4.0 GENERAL CONDITIONS GC -1
5.0 SPECIAL CONDITIONS SC -1
6.0 TECHNICAL SPECIFICATIONS TP -1
440451/010121 li
1.0 NOTICE TO BIDDERS
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 "48 - Acre Soccer Complex, Phase 1" will
be received until 2:00 p.m., Tuesday, May 17, 2001, then publicly opened and read aloud at
the City Hall Council Chambers at the same address. Bid envelopes should state date and
time of bid and "Soccer Complex Phase 1." No bids may be withdrawn after the scheduled
opening time. Any bids received after scheduled bid opening time will be returned
unopened.
Bids must be submitted on City of Round Rock bid forms and must 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 Parks and Recreation
Department, 605 Palm Valley Drive, Round Rock, Texas (512- 218 -5540) beginning May 1,
2001, for a non - refundable charge of $25.00 per set.
In case of ambiguity, duplication, or obscurity in the bids, the City of Round Rock
reserves the right to construe the meaning thereof. The City of Round Rock further reserves
the right to reject any or all bids and waive any informalities and 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
440451/010121
Round Rock Leader
May 1, 2001
May 8, 2001
NB -1
2.0 BID DOCUMENTS
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 fmd discrepancies in, or omissions from the plans, specifications,
or other documents, or should he be in doubt as to their meaning, he should notify at
once the Engineer and obtain clarification or addendum prior to submitting any bid.
3. It shall be the responsibility of the bidder to see that his bid is received at the place
and time named in the Notice to Bidders. Bids received after closing time will be
returned unopened.
4. Bids shall be submitted in sealed envelopes plainly marked "Sealed Bid" and showing
the name of the project, the job number if applicable, and the opening date and time.
5. Bids shall be submitted on proposal forms furnished by the City of Round Rock.
6. All proposals shall be accompanied by a certified cashier's check upon a National or
State bank 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
440451/010121
INSTRUCTIONS TO BIDDERS
BD -1
the work otherwise when the best interest of the City of Round Rock will be thereby
promoted.
9. In case of ambiguity or lack of clarity in the statement of prices in the bids, the City
of Round Rock reserves the right to consider the most favorable analysis thereof, or
to reject the bid. Unreasonable (or unbalanced) prices submitted in a bid may result
in rejection of such bid or other bids.
10. Award of the contract, if awarded, will be made within sixty (60) days after opening
of the proposals, and no bidder may withdraw his proposal within said sixty (60) day
period of time unless a prior award is made.
11. Within ten (10) days after written notification of award of the contract, the successful
bidder must furnish a performance bond and a payment bond in the amount of one-
hundred percent (100 %) of the total contract price. 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
440451/010121
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 conunence 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;
440451/010121
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.
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
BD -3
440451/010121
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.
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(6),
Texas Government Code, and a payment bond in accordance with Section
2253.021(c).
BD-4
KNOW ALL MEN BY THESE PRESENTS THAT WE,
as PRINCIPAL and
as SURETY, are held and firmly bound unto the
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
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 SOCCER
COMPLEX PHASE 1 for which bids are to be opened at the office of the OWNER on
, 2001.
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 two (2) bonds with
the OWNER, one to guarantee faithful performance and the other to guarantee payment for
labor and materials, then this obligation shall be null and void, otherwise, it shall be and
remain in full force and effect.
In the event suit is brought upon this bond by the OWNER and judgement is recovered, said
SURETY shall pay all costs incurred by the OWNER in such suit, including a reasonable
attorney's fee to be fixed by the Court.
In WITNESS WHEREOF, we have hereunto set our hands and seals this day of
Principal: Surety:
By: By:
(Seal) (Seal)
44a451/010121
BID BOND
BD -5
PROPOSAL BIDDING SHEET
1 JOB NAME: Soccer Complex Phase 1
' JOB LOCATION: Round Rock, Williamson County, Texas
OWNER: City of Round Rock, Texas
DATE: May 15, 2001
1 Gentlemen:
'Pursuant to the foregoing Notice to Bidders and Instructions to Bidders, the undersigned bidder
hereby proposes to do all the work, to furnish all necessary superintendence, labor, machinery, equipment,
' tools, materials, insurance and miscellaneous items, to complete all the work on which he bids as provided
by the attached supplemental specifications, and as shown on the plans for the construction of Soccer
Complex Phase 1 and binds himself on acceptance of this proposal to execute a contract and bond for
1 completing said project within the time stated, for the following prices, to wit:
BASE BID
'
Bid Item Description and
Item Quantity Unit Written Unit Price Unit Price Amount
1 1 2,164 LF Silt Fence, complete in place $ /.SO $,.Y6, 00
per linear foot for
' I97,e_ W
c Dollars
Cents
1 2 160 LF Rock Berm, complete in place $ 2.00 $ 19_20. 00
1 perlinear foot for
/101 0P , Dollars
a ilir Cents
' 3 1 EA Stabilized Construction $ /N00. 00 $ 400. e
' Entrance, complete in place per
eacji for
,i�( Dollars
' Cents
1
' 440451/010121 BD -6
1
Bid Item Description and
Item Quantity Unit Written Unit Price Unit Price Amount
4 16,929 SY Clearing and Grubbing, $ , 50 SSA V SO
complete in place per square
yard for
Dollars
Cents
5 2,496 CY Excavation, including bar $ 1 /00 $99g9 Oo
ditches, complete in place per
cubic yard for
Dollars
4 /14' Cents
6 6,973 SY Subgrade Preparation, complete $ SO $ /� �/ 50
in place per square yard for
O Q- Dollars
440451/010121
7 4,117 SY 17 -inch Flexible Base Material, $A2, g0 $So269
complete in place per square
y
Dollars
".ice/ Cents
8 3,594 SY 2.5 -inch H.M.A.C., including $5, $1R 6$Q RD
prime coat, complete in place
pequare yard for
cti;t/2 Dollars
)."/ Cents
9 2,316 LF Concrete Ribbon Curb, $ 6 , DO $ 4 3'96,00
complete in place per linear
foot fc
Dollars
Cents
0 11
BD -7
Cents
Bid Item Description and
Item Quantity Unit Written Unit Price Unit Price Amount
10 88 LF Raised Concrete Ribbon Curb, $ / CO $ / c.2.32, 00
complete in place per linear
of for
440451/010121
11 130 LF 30 -inch RCP Class III, $ S7, 7S $ 6 2,2 7 so
complete in place per linear
foot for
r
Dollars
Cents
Dollars
Cents
12 98 LF 24 -inch RCP Class III, $34 $36®/ ` 5b
complete in place per linear
I
ut u....
BD -8
Dollars
Cents
13 4 EA Concrete End Treatment for 30- $ /920, 00 $C COO 00
inch Pipe, complete in place per
each for
Dollars
Cents
14 2 EA Concrete End Treatment for 24- $300.O() $/60. no
inch pipe, complete in place per
each for
t4i r G Dollars
��Ld Cents
15 70 LF 12 -inch sleeve for wastewater
crossing, complete in place per
linearfoot for
Dollars
Cents
$ g $,s6n. oo
1
Bid Item Description and
Item Quantity Unit Written Unit Price Unit Price Amount
16 70 LF 6 -inch sleeve for dry utility $ 6, 00 $ 4,20.
' crossing, complete in place per
linear foot for
' Dollars
�I1 Cents
17 70 LF
1
18 190 LF 6 -inch sleeve for irrigation $ 6,0O $ / /'V, 00
crossing, complete in place per
linear foot for
19 2 EA
1
complete in place per linear
foot T-at6r
1
TOTAL BASE BID (ITEMS 1 THROUGH 21)
8 -inch sleeve for potable water $ 7. 00 $
crossing, complete in place per
Linea; foot for
Dollars
�}1T Cents
1
' Dollars
qi"r Cents
Standard Barricades, complete $ $ ° a)
in lace er each for
Dollars
q1,cr Cents
t 20 368 LF Trench Safety Systems, $ 736. on
Dollars
Cents
21 12,812 SY Restoration, complete in place $ , 36 $z!ti lot „3
per quare yard for
/a Dollars
Cents
1
1
$ 1/9
1
440451/010121
BD -9
Bid
Item Quantity Unit Written Unit Price Unit Price Amount
ALTERNATE A
7 4,117 SY 12 -inch Flexible Base Material, Sit, 00 $ ? 2C()
complete in place per square
yard fo
TOTAL ALTERNATE A
TOTAL ALTERNATE B
440451/010121
Item Description and
8 3,594 SY 4.0 -inch H.M.A.C., including $ 10- 00 $3s 9Y0,CO
prime coat, complete in place
per Tare yard for
ALTERNATE B
7 4,117 SY 12 -inch Flexible Base Material, $ ii, 00 $-)-Y7 GO
complete in place per square
yar p for
ei.,em Dollars
Old Cents
8 3,594 SY 2.5 -inch H.M.A.C., including $ 700 $S /SR C°
prime coat, complete in place
per square yard for
8A 4,117 SY 8.0 -inch lime stabilization, $ 6.00 $J sav, 70,2 MO
complete in place per square
yard for
Dollars
filler Cents
BD -10
Dollars
Cents
Dollars
Cents
Dollars
Cents
$ ,11 )Q
$ 5 1 .S, 00
Bid Item Description and
Item Quantity Unit Written Unit Price Unit Price Amount
STATEMENT OF SEPARATE CHARGES
Materials:
All other charges:
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 ninety (90)
calendar days after the date of the written Notice -to- Proceed.
The undersigned certifies that the bid prices contained in the proposal have been carefully checked and are
submitted as correct and final. The Owner reserves the right to reject any or all bids and may waive any
informalities.
Respectfully Submitted,
IV`4 i
Signature
/tAil if./ (A M P
Print Name
Title for Telephone
Nam of Firm
6 - 26 -
Date
440451/010121
llay eAtx,
4424 1,, TA' 765 77 -c,)W Yo
Address
VP 57 .2- R62 - W39
P ` •
Secretary, a 4---/-1(-147-
Corporation
BD -11
3.0 POST BID DOCUMENTS
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
AGREEMENT
THIS AGREEMENT, made and entered into this 14 day of
2001, by and between (Owner) City of Round Rock, Texas of the State
of xas, acting through Robert A. Stluka, Jr., Mayor, eunto duly authorized so to do,
hereinafter termed OWNER, and Contractor) of
Texas, County of and State of Texas, hereinafter
termed CONTRACTOR.
440451/010121
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:
Soccer Complex Phase 1
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
PBS &J, 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
sixty (60) 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.
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.
Al 1'hST:
Corporate Seal
440451/010121
Ro . ert A. Stluka, Jr.
Mayor
BY:
PARWl /1/ (—AMP its VP
(Typed name) (Title)
ATTEST:
Secretary, if Contractor is a 7
Corporation or otherwise registered
with the Secretary of State
(The following to be executed if the Contractor is a Corporation.)
I, 2 J a ' / certify that I am the Secretary of the Corporation named
as Contractor herein; that C: • ,6�a. te: Ca,..., z ),1 , who signed this Contract on behalf
of the Contractor was then /J.�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: G -&t4
PBD -2
1
PERFORMANCE BOND
1 THE STATE OF TEXAS Bond Number: SD0474
COUNTY OF WILLIAMSON
Cam
KNOW ALL MEN BY THESE PRESENTS: That rnr. p Excavation & Contracting, of the
City of Thorndale , Count/ of Milani , and State of
n ed S tates iii—p
Texas , as Principal, and and t Gua c 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, T li in the penal sum of one Hundred Fourcy Nine
Thousand Eight Hundred Seventy Five B a01180 ($ 149,875 77 ) 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 day of , 2001, 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:
1
1
1
1
1
1
1
1
1
1
1
Soccer Complex Phase 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.
440451/010121
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 day of
2001.
Camp Excavation & Contracting, Inc. United States Fidelity and Guaranty Company
Principal Surety
By: r w 4
VP
Title
//19'1
Address
u; ,rk "76C 77
Resident Agent of Surety:
Glans Shirley Richards
Printed Name
P.O. Box 3623 .
Address
Temple.. Texas 76505
City, State & Zip Code
440451/010121
41 4'I9
PBD-4
By:
Glenn Richards Attornev -in -Fact
Title
%Summit Global Partners of Texas, Inc.
Address
P.O. Box 3623, Tmeple, Texas 76505
IMPORTANT NOTICE
To OBTAIN INFORMATION OR MAKE A COMPLAINT:
YOU MAY CONTACT THE TEXAS DEPARTMENT OF
INSURANCE TO OBTAIN INFORMATION ON COMPANIES,
COVERAGES, RIGHTS OR COMPLAINTS AT:
1 -800- 252 -3439
You MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE:
P. 0. Box 149104
AUSTIN, TX 78714 -9104
FAx 1(512) 475 -1771
PREMIUM OR CLAIM DISPUTES:
SHOULD YOU HAVE A DISPUTE CONCERNING YOUR
PREMIUM OR ABOUT A CLAIM YOU SHOULD CONTACT THE
AGENT OR COMPANY FIRST. IF THE DISPUTE IS NOT
RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT
OF INSURANCE.
ATTACH THIS NOTICE TO YOUR POLICY:
THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT
BECOME A PART OR CONDITION OF THE ATTACHED
DOCUMENT.
This Power of Attorney 1s granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul
Fire and Marine Insurance Company, St Paul Guardian Insurance Company, St Paul Mercury Insurance Company, United Slates Fidelity and Guaranty Company,
Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwnters, Inc on September 2, 1998- which resolutions are now in full force and
effect. reading as follows.
RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating
to said business may be signed, executed, and acknowledged by persons or entities appointed as Attomey(s)-m-Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Power(s) of Attomey for and on behalf of the Company may and shall be executed in the name and on behalf of the
Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary,
under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and
the seal of the Company may be affixed by fats mile to any Power of Attomey or to any certificate relating thereto appointing Attomey(s) -in -Fact for purposes
only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any
such Power of Attomey or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so
executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to
which a rs validly attached, and
RESOLVED FURTHER, that Attomey(s) -m -Fact shall have the power and authonty, and, in any case, subject to the terms and limitations of the Power of
Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other
writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an
Executive Officer and scaled and attested to by the Secretary of the Company.
I, Thomas E Huibregtse, Assistant Secretary of Seaboard Surety Company, St Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,
St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance
Underwriters, Inc do hereby certify that the above and foregoing 1s a true and correct copy of the Power of Attomey executed by said Companies, which 1s in full force
and effect and has not been revoked.
IN TESTIMONY WHEREOF, 1 hereunto set my hand this day of
aria re \aT. x+ ° r Arl tula� 1 J y „�` Thomas E Huibregtse, Assistant Secretary
1 l y ti
To verify the authenticity of this Power of Attorney, ra111- 800 - 421-..80 and ashy, Mu. clerk. Please refer 10 the Power of Attorney number,
the above -named individuals and the details of the bond to w /u� ✓ po �taghed!1 . �N V
he
TheSt paul
Power of Attorney No.
State of Maryland
City of Baltimore
86203 Rev 7 -2000 Printed in U.S.A.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
22551
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 13th day of July, 2002.
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that
St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St Paul Mercury Insurance Company are corporations duly organized under
the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance
Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do
hereby make, constitute and appoint
William H. Pitts, Jr., Norman P. Rolling, John W. Wagner, James O. Schnell, Glenn Richards and Stephen R. Smith
Austin Texas
of the City of State their true and lawful Attomey(s) -m -Fact,
each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bands, underakings,
contracts and other wntten instruments m the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the
performance of contracts and executing or guaranteeing bonds and undertakings s1 1 red or nted in any actions or proceedings allowed by law
LN WITNESS WHEREOF, the Companies have caused this instrument eT d;g>sea t tl ) 23rd day of May 2001
Seaboard Surety Company `t'IC�� 4O 8$ .S ''�n States Fidelity and Guaranty Company
SI. Paul Fire and Marine Insura Compan' > Fidelity and Guaranty Insurance Company
St. Paul Guardian Insuranc Com pon1 `� �� Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Mercury Insurance ump`any V ,r /f A
On this 23rd day of May 2001 before me, the undersigned officer, personally appeared John F. [lunacy and
Thomas E. Hmbregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and
Manse Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and
Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of
said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the
corporations by themselves as duly authorized officers.
United Stales Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Certificate No.
828712
JOHN F PHINNEY, Vice President
E
THOMAS E. HUIBREGTSE, Assistant Secretary
REBECCA EASLEY- ONOKALA, Notary Public
This Power of Attomey is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St Paul
Fire and Marine Insurance Company, St Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company,
Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2. 1998, which resolutions are now in full force and
effect, reading as follows.
RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating
to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s) -in-Pact pursuant to a Power of Attorney issued in
accordance with these resolutions Said Power(s) of Attomey for and on behalf of the Company may and shall be executed in the name and on behalf of the
Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary,
under their respective designations The signature of such officers may be engraved, printed or lithographed The signature of each of the foregoing officers and
the seal of the Company may be affixed by facsimile to any Power of Attomey or to any certificate relating thereto appointing Attomey(s) -in -Fact for purposes
only of executing and attesting bonds and undertakings and other wntings obligatory in the nature thereof, and subject to any limitations set forth therem, any
such Power of Attomey or cemficate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so
executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to
which it is validly attached. and
RESOLVED FURTHER, that Attomey(s) -m -Fact shall have the power and authority, and, in any case, subject to the terns and limitations of the Power of
Attomey issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other
wntings obligatory in the nature thereof, and any such instrument executed by such Attomey(s) -in -Fact shall be as binding upon the Company as if signed by an
Executive Officer and sealed and attested to by the Secretary of the Company
I, Thomas F- Huibregtse, Assistant Secretary of Seaboard Surety Company, St Paul Fire and Marine Insurance Company, St Paul Guardian Insurance Company,
St Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance
Underwriters, Inc do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full farce
and effect and has not been revoked
IN TESTIMONY WHEREOF, I hereunto set my hand this
day of
Thomas E Huibregtse, Assistant Secretary
To verify the authenticity of this Power of Attorney, call 1-800-12.1.4p0 0 and asl forMhe mvdnofAltOrney clerk. Please refer to the Power of Attorney number,
the above -named individuals and the details of the bond to whrcghe powe i tach j, „AY
1 1
S 1z
7 heStPduI
Power of Attorney No. 22551
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
POWER OF ATTORNEY
State of Maryland
City of Baltimore
In Witness Whereof, I hereunto set my hand and official seal
My Commission expires the 13th day of July, 2002.
86203 Rev. 7-2000 Printed in U.S.A.
United States Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc
Certificate No.
828712
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that
St. Paul Fire and Marine insurance Company, St. Paul Guardian Insurance Company and St Paul Mercury Insurance Company are corporations duly organized under
the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance
Underwnters, Inc is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do
hereby make, constitute and appoint
William H. Pitts, Jr., Norman P. Rolling, John W. Wagner, James 0. Schnell, Glenn Richards and Stephen R. Smith
Austin Texas
of the City of State their We and lawful Attomey(s) -in -Fact,
each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other wntten instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the
performance of contracts and executing or guamnteemg bonds and undertakings qu "ireO or f8iitted iin any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Compantes have caused this rust earto* v (Iss ealef ith4.)y 23rd day of May 2001
t Nr- Seaboard Surety Company a v0 G; > ' � '¢On l ited States Fidelity and Guaranty Company
St. Paul Fire and Marine Insuna.fc .Compact ' '��J Fidelity and Guaranty Insurance Company
St. Paul Guardian Insuranc ( mpatt}�V ` ' . Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Mercury Insurance ompany-L U 1 ¢ n a
t¢��
JOHN E PHINNEY, Vice Prendent
THOMAS E. HUIBREGTSE, Assistant Secretary
On this 23rd day of May 2001 before me, the undersigned officer, personally appeared John F. Phinney and
Thomas E. Hutbrcgtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surely Company, St Paul Fire and
Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and
Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc., and that the seals affixed to the foregoing instrument are the corporate seals of
said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the
corporations by themselves as duly authorized officers.
REBECCA EASLEY- ONOKALA, Notary Public
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
PAYMENT BOND
Bond Number: SD0474
Camp Excavation 6
KNOW ALL MEN BY THESE PRESENTS: That Contracting, Inc. ,of the City
of Thorndale , County of Hilam , and State of
Texas as Principal, and *(see below) 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 One Hundred Fourty Nine Thousand Eight Hundred Seventy
Five and .72/1. Dollars (5 149,875.72 ) 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:
*United States Fidelity and Guaranty Company
WHEREAS, the Principal has entered into a certain written contract with the Owner, dated
the day of , 2001, 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:
Soccer Complex Phase 1
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.
440451/010121 PP.D -5
PAYMENT BOND (continued)
Surety, for value received, stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the contract, or to the work performed thereunder, or the plans,
specifications or drawings accompanying the same shall in anywise affect it's obligation on
this bond, and it does hereby waive notice of any such change, extension of time, alteration
or addition to the terms of the contract, or to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this
Instrument this day of , 2001.
Camp rxravatinn h Cnntractiae. Tnc. United States Fidelity and Guaranty Company
Principal
B
(/P
Title
mg( ete, Ala W9
Address
5471444., TA- 76577
Resident Agent of Surety:
(`lenn Shirley Richards
Printed Name
P.O. Box 3623
Address
Temple, Texas 76505
City, State & Zip Code
r
Signature
4V45110.0121
PBD -6
Surety
By:
Title
Glenn Richards Attorney -in -Fact
%Summit Global Partners of Texas, Inc.
Address
P.O. Box 3623, Temple, Texas 76505
TheStpaul
Power of Attorney No.
State of Maryland
City of Baltimore
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
22551
POWER OF ATTORNEY
United States Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Certificate No.
828714
KNOW ALL MEN BY THESE PRESENTS. That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that
St Paul Fire and Marine Insurance Company, St Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under
the laws of the State of Mmnesom, and that Umted States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance
Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do
hereby make, constitute and appoint
William H. Pitts, Jr., Norman P. Rolling, John W. Wagner, James 0. Schnell, Glenn Richards and Stephen R. Smith
Austin Texas
of the City of State their true and lawful Attomey(s) -m -Fact,
each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof on behalf of the Companies their business of guaranteeing the fidelity of persons, guaranteeing the
performance of contracts and executing or guaranteeing bonds and undertakings ed on rthntteed ♦in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this mswmenno ".be d aij S V . NV 2 day of May 2001
'04%1 ' �v 9
Seaboard Surety Company a '4 { 'G� ` "R t o ted States Fidelity and Guaranty Company
SL Paul Fire and Marine Insurtuice,Compatsy > el)Y Fidelity and Guaranty Insurance Company
SL Paul Guardian InsuranceNmpa yY ��rS, Fidelity and Guaranty Insurance Underwriters, Inc
St. Paul Mercury Insurance Companpti O CS1 g-
JOHN F PHJNNEY, Vice President
\ T ti � lat)J
THOMAS E HUIBREGTSE, Assistant Secretary
On dos 23rd day of May 2001 before me, the undersigned officer, personally appeared John E Rainey and
Thomas E Hmbregtse, who acknowledged themselves to be the Vtce President and Assistant Secretary, respectively, of Seaboard Surety Company, St Paul Fire and
Manne Insurance Company, St Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and
Guaranty Insurance Company, and Fidelity and Guaranty insurance Underwnters, Inc , and that the seals affixed to the foregoing instrument are the corporate seals of
said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the
corporations by themselves as duly authorized officers
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 13th day of July, 2002.
86203 Rev. 7 -2000 Printed in U.S.A.
REBECCA EASLEY- ONOKALA, Notary Public
This Power of Attomey is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul
Fire and Menne Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company,
Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwnters, Inc on September 2, 1998, which resolutions are now in full force and
effect, reading as follows:
RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating
to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s) -in -Fact pursuant to a Power of Attomey issued m
accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the
Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary,
under their respective designations The signature of such officers may be engraved, pnnted or lithographed The signature of each of the foregoing officers and
the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s) -in -Fact for purposes
only of executing and atteshng bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any
such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so
executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to
which it is validly attached; and
RESOLVED FURTHER, that Attorney(s) -in -Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of
Attorney issued them, to execute and dehver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other
writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s)-in -Fact shall be as binding upon the Company as if signed by an
Executive Officer and sealed and attested to by the Secretary of the Company.
I, Thomas E Huibregtse, Assistant Secretary of Seaboard Surety Company, St Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,
St Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance
Underwriters, Inc. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is full force
and effect and has not been revoked.
IN TESTIMONY WHEREOF, i hereunto set my hand this
day of
Thomas E. Huibregtse, Assistant Secretary
(
To verify the authenticity of this Power of Attorney, call 1-800.421,3And attlor g Attirney clerk. Please refer to the Power of Attorney ',anther,
the above-named individuals and the details of the bond to whith,lie poe attaq_se4,1 .10114V"
IMPORTANT NOTICE
To OBTAIN INFORMATION OR MAKE A COMPLAINT:
YOU MAY CONTACT THE TEXAS DEPARTMENT OF
INSURANCE TO OBTAIN INFORMATION ON COMPANIES,
COVERAGES, RIGHTS OR COMPLAINTS AT:
1 -800- 252 -3439
You MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE:
P. 0. Box 149104
AUSTIN, TX 78714 -9104
FAx 1(512) 475 -1771
PREMIUM OR CLAIM DISPUTES:
SHOULD YOU HAVE A DISPUTE CONCERNING YOUR
PREMIUM OR ABOUT A CLAIM YOU SHOULD CONTACT THE
AGENT OR COMPANY FIRST. IF THE DISPUTE IS NOT
RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT
OF INSURANCE.
ATTACH THIS NOTICE TO YOUR POLICY:
THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT
BECOME A PART OR CONDITION OF THE ATTACHED
DOCUMENT.
•
1ERT,IFICATE OF LIABILITY INSURANCE
I RODUCER
Insurance Network of Texas
143 East Austin
Giddings, Texas '78942
I NSURED RriteEl,aBoxi110C Contractings, Inc. C
Thorndale, Texas 76577 D
1041S 1ST() CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business
Aerations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used
�y the companies, and further hereinafter described. Exceptions to the policies are noted below.
IA
1
1
A
1A
I O TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS
TR NUMBER DATE DATE
GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000
PRODUCTS- COMP /OP AGG. $ 2,000,000
PERSONAL & ADV. INJURY S 1,000,000
EACH OCCURRENCE $ 1,000,000
FIRE DAMAGE (Any one fire) $ 100,000
MED. EXPENSE (Any one person) S 5 , 000
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,001)
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPERTY DAMAGE S
EXCESS LIABILITY EACH OCCURRENCE 5 1,000,000
00670432401 1 -29 -01 1 -29 -02 AGGREGATE $ 1,000,000
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY LIMITS
EACH ACCIDENT $ 500,000
DISEASE - POLICY LIMIT $ 500,000
DISEASE• EACH EMPLOYEE $ 500,000
1E
1
OTHER
TXP7645439 2 -8 -01 2 - - 02
TCA139232706 1 -29 -01 1 -29 -02
wC007338 10 -8 -00 10 -8 -01
I DESCRIPTION OP OPERATIONSAACATIONS/VEHICLES /SPECIAL ITEMS /EXCEPTIONS
1 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 be cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice
I to the certificate holder named below.
CERTIFICATE HOLDER: City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
attn: Joanne Land
DOTI /
COMPANIES AFFORDING COVERAGE
A Trinity Insurance
B Colonial Casualty Insurance
SIGNATURE OF AUTHORIZED REPRESENTATIVE
Typed Name: /� • Nitsche
Title: CEO
Date: 6 -18 -2001
76577
Sealed with our seals and dated this
and
WARRANTY BOND
BOND NUMBER SD0475 AMOUNT 5149,875.72
KNOW ALL MEN BY THESE PRESENTS,
That we,camp Excavation & Contractin ?.Inc. R.RI Box 110 -C, horndale, Texas
(hereinafter called the "Principal ") as Principal,
and th unitea btates rioelity aria
Cuiranry rnm - -n a Corporation duly organized under the laws
of the State of 3I rvleni and duly licensed to transact business in
the State of Texas (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 one Hundred Fourty Nine Thousand Eight Hundred Seventy
Five Dollars and .72/1.00 dollars ($149,875.72 ) 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.
WHEREAS, the said Principal has heretofore entered into a contract with
City of Round Rock, 221 East Main Street, Round Rock, Texas 78664
Dated , 2001, for construction of:
Soccer Complex Phase 1
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 Two (2) 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 Two (2) year(s) from the date of
acceptance of the project above described, by Owner:
The City of Round Rock, Texas
440451/010121 PBD -8
day of , A.D. nineteen hundred
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.
Camp Excavation & Contracting, Inc. United States Fidelity and Guaranty Company
Principal
By: (A
VP
Title
llo V &, 4.1 yip
Address
41, 76S 77
Resident Agent of Surety:
Glenn Shirley Richards
Printed Name
P.O. Box 3623
Address
Temple, TX 76505
City, State & Zip Code
4404511010121
PBD •9
Surety
By:
Title
Address
G enn Richards Attorney -in -Fact
%Suumiit Global Partners of Texas, Inc.
P.O. Box 3623, Temple, TX 76505
4
TheS ] ffl
Power of Attorney No. 22551
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
POWER OF ATTORNEY
United States Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Certificate No.
828715
KNOW ALL MEN BY THESE PRESENTS. That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that
St Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St Paul Mercury Insurance Company are corporations duly organized under
the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance
Underwriters, Inc. is a corporation duly organized under the taws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do
hereby make, constitute and appoint
State of Maryland
City of Baltimore
William H. Pitts, Jr., Norman P. Rolling, John W. Wagner, James O. Schnell, Glenn Richards and Stephen R. Smith
Austin Texas
of the City of State , their true and lawful Attomey(s) -in -Fact,
each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other wntten instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the
performance of contracts and executing or guaranteeing bonds and undertakings reg or in any actions or proceedings allowed by law
WITNESS WHEREOF, the Companies meni no . r' 23rd
IN pan' ies have caused this insw � of May 2001
Q v44 v 'sealc}i ,S. day u
S � 4v
Seaboard Surety Company a 4 ` 11 J >� '¢United States Fidelity and Guaranty Company
St. Paul Fire and Marine Ins rnti 1 Fidelity and Guaranty Insurance Company
St. Paul Guardian Insuranc Company4N n Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Mercury Insurance Company 1
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 13th day of July, 2002.
86203 Rev. 7 -2000 Printed in U.S.A.
JOHN F. PHINNEY, Vice President
THOMAS E. HUIBREGTSE, Assistant Secretary
On this 23 rd day of May 2001 before me, the undersigned officer, personally appeared John F Phinney and
Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and
Marine insurance Company, St. Paul Guardian Insurance Company, St Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and
Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc ; and that the seals affixed to the foregoing instrument are the corporate seals of
said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the
corporations by themselves as duly authorized officers
REBECCA EASLEY- ONOKAfA, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St Paul
Fire and Manne Insurance Company, St. Paul Guardian Insurance Company, St Paul Mercury Insurance Company, United States Fidelity and Guaranty Company,
Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc on September 2, 1998, which resolutions are now in full force and
effect, reading as follows'
RESOLVED, that in connection with the fidelity and surety Insurance business of the Company, all bonds, undertakings, contracts and other instruments relating
to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s) -in -Fact pursuant to a Power of Attorney issued in
accordance with these resolutions Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the
Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary,
under their respective designations. The signature of such officers may be engraved, punted or lithographed. The signature of each of the foregoing officers and
the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes
only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any
such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so
executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to
which it is validly attached; and
RESOLVED FURTHER, that Attorney(s) -m -Fact shall have the power and authority, and, in any case, subject to the tens and limitations of the Power of
Attorney issued them, to execute and delver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other
wntings obligatory in the nature thereof, and any such instrument executed by such Attomey(s) -in -Fact shall be as binding upon the Company as if signed by an
Executive Officer and sealed and attested to by the Secretary of the Company.
I, Thomas E Huibregtse, Assistant Secretary of Seaboard Surety Company, St Paul Fire and Marine Insurance Company, St Paul Guardian Insurance Company,
St Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance
Underwriters, Inc. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force
and effect and has not been revoked
IN TESTIMONY WHEREOF, I hereunto set my hand this
Thomas E. Huibregtse, Assistant Secretary
, SS
To verify the authenticity of this Power of Attorney, call 1-800.421 0 andaaf the& Allot clerk. Please refer m the Power of Attorney number,
the above -named individuals and the details of the bond to whic hei
poe to hc4.. 0)
)$ '
day of
IMPORTANT NOTICE
TO OBTAIN INFORMATION OR MAKE A COMPLAINT:
YOU MAY CONTACT THE TEXAS DEPARTMENT OF
INSURANCE TO OBTAIN INFORMATION ON COMPANIES,
COVERAGES, RIGHTS OR COMPLAINTS AT:
1 -800- 252 -3439
You MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE:
P. 0. Box 149104
AUSTIN, TX 78714 -9104
FAx #(512) 475 -1771
PREMIUM OR CLAIM DISPUTES:
SHOULD YOU HAVE A DISPUTE CONCERNING YOUR
PREMIUM OR ABOUT A CLAIM YOU SHOULD CONTACT THE
AGENT OR COMPANY FIRST. IF THE DISPUTE IS NOT
RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT
OF INSURANCE.
ATTACH THIS NOTICE TO YOUR POLICY:
THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT
BECOME A PART OR CONDITION OF THE ATTACHED
DOCUMENT.
4.0 GENERAL CONDITIONS
1
1 General Conditions of Agreement
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1. Definition of Terms
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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. Responsibilities of the Engineer and the Contractor
2.01 - Owner - Engineer Relationship
2.02 - Professional Inspection by Engineer
2.03 - Payments for Work
2.04 - Initial Determinations
2.05 - Objections
2.06 - Lines and Grades
2.07 - Contractor's Duty and Superintendence
2.08 - Contractor's Understanding
2.09 - Character of Workers
2.10 - Contractor's Buildings
2.11 - Sanitation
2.12 - Shop Drawings
2.13 - Preliminary Approval
2.14 - Defects and Their Remedies
2.15 - Changes and Alterations
2.16 - Inspectors
3. General Obligations and Responsibilities
3.01 - Keeping of Plans and Specifications Accessible
3.02 - Ownership of Drawings
3.03 - Adequacy of Design
3.04 - Right of Entry
440451/010121 GC -1
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3. General Obligations and Responsibilities (cont'd)
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
440451/010121 GC -2
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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
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
. 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
11. Termination
11.01 - Termination by Owner for Cause
11.02 - Termination for Convenience
440451/010121 GC -3
1. Definition of Terms
1.01 Owner, Contractor and Engineer
The Owner, the Contractor and the Engineer and those persons or organizations identified
as such in the Agreement 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
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 such 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 the Contract Documents,
priority of interpretation shall be in the following order: Signed Agreement, Performance and
Payment Bonds, Special Bonds (if any), Proposal, Special Conditions of Agreement, Notice
to Contractors, Technical Specifications, Plans, and General Conditions of Agreement.
1.03 Subcontractor
The term "Subcontractor," as employed herein, includes only those having a direct contract
with the Contractor. It includes one who furnishes material worked to special design
according to the plans or specifications of this work, but does not include one who merely
furnishes material not so worked.
1.04 Sub - Subcontractor
The term "Sub- Subcontractor" means one who has a direct or indirect contract with a
Subcontractor to perform any of the work at the site. It includes one who furnishes material
worked to a special design according to the plans or specifications of this work, but does not
include one who merely furnishes material not so worked.
440451/010121 GC-4
1.05 Written Notice
1.06 Work
Written notice shall be deemed to have been duly served if delivered in person to the
individual or to an officer of the corporation for whom it is intended, or if delivered to 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, when 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" shall be understood to mean and include all work that may be
required by the Engineer or the Owner to be done by the Contractor to accomplish any
change, alteration or addition to the work shown upon the plans, or reasonably implied by
the specifications, and not covered by the Contractor's Proposal, except as provided under
"Changes and Alterations" herein.
1.08 Working Day
The term "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
The term "Calendar Day" is defined as any day of the week or month, no days being
excepted.
1.10 Substantially Completed
The term "Substantially Completed" shall be understood to mean that the structure has been
made suitable for use or occupancy or that the facility is in condition to serve its intended
purpose, but still may require minor miscellaneous work and adjustment.
440451/010121 GC -5
2. Responsibilities of the Engineer and the Contractor
2.01 Owner - Engineer Relationship
The Engineer will be the Owner's representative during construction. The duties,
responsibilities and limitations of authority of the Engineer as the Owner's representative
during construction are as set forth in the Contract Documents and shall not be extended or
limited without written consent of the Owner and the Engineer. The Engineer will advise
and consult with the Owner, and all of the 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 with the progress
of the executed work and to determine if such work 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 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
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 the Contractor's applications for payment and supporting data,
determine the amount owed to the Contractor and recommend, in writing, payment to the
Contractor in such amounts; such recommendation of payment to the Contractor constitutes
a representation to the Owner of the 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 the Contractor shall not be deemed
as a representation by the Engineer that the Engineer has made any examination to determine
how or for what purpose the Contractor has used the monies paid on account of the contract
price.
2.04 Initial Determinations
The Engineer initially shall determine all claims, disputes and other matters in question
between the Contractor and the Owner relating to execution or progress of the work or
interpretation of the Contract Documents. 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.
440451/010121 GC -6
2.05 Objections
' 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 litigation 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 reasonable 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
1 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
1 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 the 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.
' 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 the 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. The Contractor shall be fully and completely liable, at his own expense, for
t 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
1 440451/010121 GC -7
1
440451/010121
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 the 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 methods, 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 the 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 the Contractor from his responsibility to complete all work in accordance with
said plans and specifications.
2.08 Contractor's Understanding
It is understood and agreed that the Contractor has, by careful examination, satisfied himself
as to the nature and location of the work, the conformation of the ground, the character,
quality and quantity of the materials to be encountered, the character of equipment and
facilities needed preliminary to and during the prosecution of the work, the general and local
conditions, and all other matters which can in any way affect the work under this contract.
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 the Engineer either before or after the execution
of this contract, shall affect or modify any of the terms or obligations herein contained.
2.09 Character of Workers
The Contractor agrees to employ only orderly and competent workers, skillful in the
performance of the type of work required under this contract, to do the work; and agrees that
whenever the Engineer shall inform him in writing that any workers on the work are, in his
opinion, incompetent, unfaithful or disorderly, or refuse instructions from the Engineer in the
absence of the Superintendent, such worker shall be discharged from the work and shall not
again be employed on the work without the Engineer's written consent. No illegal alien may
GC -8
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
440451/010121
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
drawings or schedules, or any means or methods reflected thereby, in relation to the safety
of either person or property during the Contractor's performance hereunder.
GC -9
2.13 Preliminary Approval
4404511010121
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 limitation, the obligation to at once tear out, remove and properly replace any
defective work or material 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 fumished, and in the 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.
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
GC -10
1
' 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 the event the Owner makes 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 compensate 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 the Engineer
and the Contractor their respective reports, opinions, questions, answers and clarifications
concerning the plans, specifications and work but shall not be deemed the agent of the
Contractor for all purposes in communicating such matters.
Such inspectors may confer with the Contractor or the Contractor's Superintendent
concerning the prosecution of the work and its conformity with the plans and specifications
but shall never be, in whole or part, responsible for or 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 the 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 or
methods or manner of the Contractor's performance of work in progress or completed, or
discovery or failure to discover or object to defective work of materials shall release the
Contractor from his duty to complete all work in strict accordance with the plans and
specifications or stop the Owner or the Engineer from requiring that all work be fully and
properly performed including, if necessary, removal of defective or otherwise unacceptable
work and the re -doing of such work.
3. General Obligations and Responsibilities
3.01 Keeping of Plans and Specifications Accessible
The Engineer shall furnish the Contractor with an adequate and reasonable number of copies
of all plans and specifications without expense to him and the Contractor shall keep one (1)
copy of the same constantly accessible on the work, with the latest revisions noted thereon.
440451/010121 GC -11
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 that the Contractor has complied with the
requirements of the said Contract Documents, all approved modifications thereof, and
additions and alterations thereto approved in writing by the Owner. The burden of proof of
such compliance shall be upon the Contractor to show that he has complied with the said
requirements of the Contract Documents, approved modifications thereof, and all approved
additions and alterations thereto.
3.04 Right of Entry
The Owner reserves the right to enter the property or location at 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 the 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 so as not to unreasonably delay the progress of the work or damage the 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 generally accepted
practices for construction. In the event of any discrepancies between the separate Contract
Documents, the priority of interpretation defined under "Contract Documents" shall govern.
In the event that there is still any doubt as to the meaning and intent of any portion of the
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contract, specifications or drawings, the Engineer shall define what is intended to apply to
the work.
3.07 Equipment, Materials and Construction Plant
The Contractor shall be responsible for the care, preservation, conservation, and protection
of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all
means of construction, and any and all parts of the work, whether the Contractor has been
paid, partially paid, or not paid for such work, until the entire work is completed and
accepted.
3.08 Damages
In the event the Contractor is damaged in the course of completion of the work by the act,
negligence, omission, mistake or default of the Owner or the 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 the 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.
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3.10 Performance and Payment Bonds
440451/010121
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, on 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 bonds are furnished and approved by
the Owner.
Unless otherwise specified, the cost of the premium for the performance and payment bonds
shall be included in the price bid by the Contractor for the work under this contract, and no
extra payment for such bonds will be made by the Owner.
Unless otherwise approved in writing by the Owner, the surety company underwriting the
bonds shall be licensed to write such bonds 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 the 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.
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3.13 Protection Against Claims of Subcontractors, Laborers, Materialmen and Furnishers
of Machinery, Equipment and Supplies
3.14 Protection Against Royalties or Patented Invention
3.15 Laws and Ordinances
440451/010121
The Contractor agrees that he will indemnify and save the Owner and the Engineer harmless
from all claims growing out the lawful demands of Subcontractors, laborers, workers,
mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power
tools, and all supplies, including commissary, incurred in the furtherance of the performance
of this contract. When so desired by the Owner, the Contractor shall furnish satisfactory
evidence that all obligations of the nature hereinabove designated have been paid, discharged
or waived. If the Contractor fails to do so, then the Owner may either pay directly any unpaid
bills of which the Owner has written notice, or may withhold from the Contractor's unpaid
compensation a sum of money deemed reasonably sufficient to liquidate any and all such
lawful claims. When satisfactory evidence is furnished that all liabilities have been fully
discharged, 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.
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
the Engineer harmless from any loss on account thereof, except that the Owner shall defend
all such suits and claims and shall be responsible for all such loss when a particular design,
device, material or process or the product of a particular manufacturer or manufacturers is
specified or required by the Owner; provided, however, if choice of alternate design, device,
material or process is allowed to the Contractor, then the Contractor shall indemnify and save
the 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.
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 the 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
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Owner is a body politic and corporate, the law from which it derives its powers, insofar as
the same regulates the objects for which, or the manner in which, or the conditions under
which the Owner may enter into contract, shall be controlling and shall be considered as part
of this contract to the same effect as though embodied herein.
3.16 Assignment and Subletting
The Contractor further agrees that he will retain personal control and will give his personal
attention to the fulfillment of this contract and that he will not assign by Power of Attorney
or otherwise, or sublet said contract without the written consent of the Engineer, and that no
part or feature of the work will be sublet to anyone objectionable to the Engineer or the
Owner. The Contractor further agrees that the subletting of any portion or feature of the
work, or materials required in the performance of this contract, shall not relieve the
Contractor from his full obligations to the Owner as provided by this agreement.
3.17 Indemnification
440451/010121
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 damage,
claim, loss, demand, suit, judgment, cost or expense:
1. is attributable to bodily injury, sickness, disease or death of 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.
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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 workers' compensation
acts, disability benefit acts or other employee benefit acts.
3.18 Insurance
The Contractor shall carry insurance as follows for the duration of this contract.
A. Statutory Workmen's Compensation.
Definitions:
Certificate of coverage ( "certificate ") - a copy of a certificate of insurance, a
certificate of authority to self - insure issued by the Texas Workers' Compensation
Commission, or a coverage agreement (TWCC -81, TWCC -82, TWCC -83, or
TWCC -84), showing statutory workers' compensation insurance coverage for the
person's or entity's employees providing services on a project, for the duration of the
project.
Duration of the project - includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the governmental entity.
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:
440451/010121 GC -17
(a) Employer's Liability limits of $100,000.00 for each accident is
required.
(b)
(c) Texas must appear in Item 3A of the Worker's Compensation
coverage or Item 3C must contain the following: "As States except
those listed in 3A and the States of NV, ND, OH, WA, WV, and
WY."
The Contractor must provide a certificate of coverage to the govemmental 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 governmental entity
showing that coverage has been extended.
The Contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons providing services on the
project; and
(b)
440451/010121 GC -18
"Texas Waiver of Our Right to Recover From Others" Endorsement
WC 42 03 04 shall be included in this policy.
no later than seven (7) 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 ten (10) calendar days after the Contractor knew or should
have known of 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.
440451/010121
The Contractor shall contractually require each person with whom it contracts to
provide services on the 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)
(f)
(g)
provide to the Contractor, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being
provided for all employees of the person providing services on the
project, for the duration of the project;
(c) provide the Contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project;
(d) obtain from each other person with whom it contracts, and provide to
the Contractor:
(1) a certificate of coverage, prior to the other person beginning
work on the project; and
(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 dunng 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;
notify the governmental entity in writing by certified mail or personal
delivery, within ten (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
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
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440451/010121
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, and/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 govemmental entity to declare the contract void if
the Contractor does not remedy the breach within ten (10) calendar days after the
receipt of notice of breach from the govemmental entity.
B. Comprehensive General Liability Insurance with minimum Bodily Injury limits of
$300,000 for each occurrence including like coverage for acts and omissions of
Subcontractors and contractual liability coverage.
C. Property Damage Insurance with minimum limits of $50,000 for each occurrence
including like coverage for acts and omissions of Subcontractors and contractual
liability coverage.
D. Automobile Liability Insurance for all owned, non - owned, and hired vehicles with
minimum limits for Bodily Injury of $100,000 for each person and $300,000 for each
occurrence and Property Damage minimum limits of $50,000 for each 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 the
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 the 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 workers' compensation) shall be endorsed to include the Owner as an
additional insured thereunder.
The Contractor shall not cause any insurance to be cancelled nor permit any insurance to
lapse. All insurance certificates shall include a clause to the effect that the policy shall not
be cancelled or reduced, restricted or limited until ten (10) days after the Owner has received
written notice as evidenced by retum receipt of registered or certified letter. Certificates of
insurance shall contain transcripts from the proper office of the insurer, evidencing in
particular those insured, the extent of the insurance, the location and the operations to which
the insurance applies, the expiration date, and the above - mentioned notice of cancellation
clause.
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1
' 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 all 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 the Contractor fails or refuses to clean and remove surplus materials and debris
as above provided, the Owner or the Engineer may do so, or cause same to be done, at the
Contractor's expense, and the reasonable cost thereof shall be deducted from the final
payment.
3.20 Guarantee Against Defective Work
1 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 (30) days
1 after receiving written notice of such defect from the Owner or the 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 (30) 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 (2) passing retests before acceptance will be made by the Owner.
1 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
1 requirements specified for this project.
1 440451/010121 GC -21
3.22 Wage Rates (Information From Chapter 2258 Texas Government Code Title 10)
440451/010121
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
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
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440451/010121
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.
WR1001 July 1997
Applicable wage rates are shown in Section 06 WAGE RATES of the SPECIAL CONDITIONS.
4. Prosecution and Progress
4.01 Time and Order of Completion
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that
the 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 the 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
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work shall be stopped by the act of the Owner, then such expense as in the judgment of the
Engineer is caused by such stoppage of said work shall be paid by the Owner to the Contractor.
5. Measurement and Payment
5.01 Quantities and Measurements
No extra or customary measurements of any kind will be allowed, but the actual measured
and/or computed length, area, solid contents, number and weight only shall be considered,
unless otherwise specifically provided.
5.02 Estimated Quantities
This agreement, including the specifications, plans and estimate, is intended to show clearly
all work to be done and material to be furnished hereunder. Where the estimated quantities
are shown for the various classes of work to be 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 furnished under
this contract and the estimated quantities contemplated and contained in the proposal;
provided, however, that in case the actual quantity of any major item should become as much
as twenty percent (20 %) more than, or twenty percent (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 twenty
percent (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 percent (5 %) 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
440451/010121 GC -24
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.
5.04 Partial Payments
440451/010121
On or before the first 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 five percent (5 %) of the amount thereof, which
five percent (5 %) 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,
then the Owner may, upon written recommendation of the Engineer, pay a reasonable and
equitable portion of the retained percentage to the Contractor; or the Contractor, at the Owner's
option, may be relieved of the obligation to fully complete the work and, thereupon, the
Contractor shall receive payment of the balance due him under the contract subject only to the
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. 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 or delays the work, the Contractor shall be entitled to such extra
compensation, 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.
GC -25
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 is found to be completed in accordance with the
Contact Documents, the Engineer shall issue to the Owner and the Contractor his Certificate
of Completion, and thereupon it shall be the duty of the Owner to issue a Certificate of
Acceptance to the Contractor or to advise the Contractor in writing of the reason for non-
acceptance.
5.07 Final Payment
Upon the issuance of the Certificate of Completion, the Engineer shall proceed to make final
measurements and prepare final statement for the value of all work performed and materials
furnished under the terms of the agreement and shall certify same to the Owner, who shall pay
to the Contractor on or before 35th day after the date of the Certificate of Completion, the
balance due the Contractor under the terms of this contract; and said payment shall become
due in any event upon said performance by the Contractor. Neither the Certificate of
Acceptance nor the final payment, nor any provision in the Contract Documents, shall relieve
the Contractor of the obligation for fulfillment of any warranty which may be required.
5.08 Payments Withheld
440451/010121
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.
f) Reasonable indication that the work will not be completed within the contract time.
g) Other causes affecting the performance of the contract.
GC -26
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
to the sum shown as due by such statement, interest thereon at the rate of six percent (6 %) per
annum, unless otherwise specified, from date due as provided under "Partial Payments" and
"Final Payment," until fully paid, which shall fully liquidate any injury to the Contractor
growing out of such delay in payment. It is expressly agreed that delay by the Owner in
making payment to the Contractor of the sum named in any partial or final statement shall not
constitute a breach of this contract on the part of the Owner nor an abandonment thereof nor
shall it to any extent or for any time relieve the Contractor of his obligations to fully and
completely perform hereunder.
6. Extra Work and Claims
6.01 Change Orders
6.02 Minor Changes
440451/010121
Without invalidating this agreement, the Owner may at any time or from time to time order
additions, deletions or revisions to the work; such changes will be authorized by change order
to be prepared by the Engineer for execution by the Owner and the Contractor. The change
order shall set forth the basis for any change in contract price, as hereinafter set forth for extra
work, and any change in contract time which may result from the change.
In the event the Contractor shall refuse to execute a change order which has been prepared by
the Engineer and executed by the Owner, the Engineer may in writing instruct the Contractor
to proceed with the work as set forth in the change order and the Contractor may make claim
against the Owner for extra work involved therein, as hereinafter provided.
The Engineer may authorize minor changes in the work not inconsistent with the overall intent
of the Contract Documents and not involving an increase in contract price. If the Contractor
believes that any minor change or alteration authorized by the Engineer involves extra work
and entitles him to an increase in the contract price, the Contractor shall make written request
to the Engineer for a written field order.
In such case, the Contractor by copy of his communication to the Engineer or otherwise 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.
GC -27
' Any request by the Contractor for a change in contract price shall be made prior to beginning
the work covered by the proposed change.
' 6.03 Extra Work
' It is agreed that the basis of compensation to the Contractor for work either added or deleted
by a change order or for which a claim for extra work is made shall be determined by the unit
prices upon which this contract was bid to the extent such work can be fairly classified within
the various work item descriptions and for work items that cannot be so classified by one or
more of the following methods:
Method (A)
By agreed unit prices; or
Method (B)
By agreed lump sum; or
Method (C)
If neither Method (A) nor Method (B) is agreed upon before the extra work is
commenced, then the Contractor shall be paid the "actual field cost" of the
work, plus fifteen percent (15 %).
' In the event said extra work is 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 foremen, 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 workers' compensation, and all other insurance as may be required by any law or
' ordinance, or directed or agreed to by the Owner. 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 the 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 one hundred percent (100 %), 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 percent (15 %) of the "actual field
cost" to be paid the Contractor shall cover and compensate him for his profit, overhead,
440451/010121 GC -28
1
general superintendence and field office expense, and all other elements of cost and expense
not embraced within the "actual field cost" as herein defined, save that where the Contractor's
camp or field office must be maintained primarily on account of such extra work; then the cost
to maintain and operate the same shall be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by the Engineer.
In case any orders or instructions, either oral or written, appear to the Contractor to involve
extra work for which he should receive compensation or an adjustment in the construction
time, he shall make written request to the Engineer for written order authorizing such extra
work. Should a difference of opinion arise as to what does or does not constitute extra work,
or as to the payment therefor, and the Engineer insists upon its performance, the Contractor
shall proceed with the work after making written request for written order and shall keep an
accurate account of the "actual field cost" thereof, as provided under Method (C). The
Contractor will thereby preserve the right to submit the matter of payment to mediation or
litigation.
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 mediation 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.
7. Abandonment of Contract
7.01 Abandonment by Contractor
In case the Contractor should abandon and fail or refuse to resume work within ten (10) days
after written notification from the Owner or the Engineer, or if the Contractor fails to comply
440451/010121 GC -29
440451/010121
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 herein), 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 the Owner may deem necessary to
complete the work and charge the expense of such labor, machinery,
equipment, tools, materials and supplies to the Contractor, and expense so
charged shall be deducted and paid by the Owner out of such monies as may
be due, or that may thereafter at any time become due to the Contractor under
and by virtue of this 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 the 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 the 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.
GC -30
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
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
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
440451/010121
In case the Owner shall fail to comply with the terms of this contract, and should fail to
comply with said terms within ten (10) days after written notification by the Contractor, then
the Contractor may suspend or wholly abandon the work, and may remove therefrom all
machinery, tools and equipment, and all materials on the site of work that have not been
included in payments to the Contractor and have not been wrought into the work. 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 fmal statement of the balance due
the Contractor by deducting from the above estimate all previous payments by the Owner and
GC -31
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
440451/010121
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 objection to any Subcontractor on such list and does not accept him. Failure of the Owner
or the Engineer to make objection promptly to any Subcontractor on the list shall constitute
acceptance of such Subcontractor.
The Contractor shall not contract with any Subcontractor or any person or organization
(including those who are to furnish materials or equipment fabricated to a special design)
proposed for portions of the work designated in the Contract Documents or in the Instructions
to Bidders or, if none is so designated, with any Subcontractor proposed for the principal
portions of the work who has been rejected by the Owner and the Engineer. The Contractor
will not be required to contract with any Subcontractor or person or organization against whom
he has a reasonable objection.
If the Owner or the Engineer refuses to accept any Subcontractor or person or organization on
a list submitted by the Contractor in response to the requirements of the Contract Documents
or the Instructions to Bidders, the Contractor shall submit an acceptable substitute and the
contract amount shall be increased or decreased by the difference in cost occasioned by such
substitution and an appropriate change order shall be issued; however, no increase in the
contract amount shall be allowed for any such substitution unless the Contractor has acted
promptly and responsively in submitting for acceptance any list or lists of names as required
by the Contract Documents or the Instructions to Bidders.
If the Owner or the Engineer requires a change of any proposed Subcontractor or person or
organization previously accepted by them, the contract amount shall be increased or decreased
by the difference in cost occasioned by such change and an appropriate change order shall be
issued.
The Contractor shall not make any substitution for any Subcontractor or person or organization
who has been accepted by the Owner and the Engineer, unless the substitution is acceptable
to the Owner and the Engineer.
GC -32
8.02 Subcontractual Relations
440451/010121
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 the 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)
(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)
8.03 Payments to Subcontractors
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;
obligate each subcontractor specifically to consent to the provisions of this
section.
GC -33
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.
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.
440451/010121
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 monies to such Subcontractor except as may otherwise be required.
9. Separate Contracts
9.01 Owner's Right to Award Separate Contracts
The Owner reserves the right to award other contracts in connection with other portions of the
project under these or similar conditions of the contract.
When separate contracts are awarded for different portions of the project, the Contractor" in
the contract documents in each case shall be the contractor who signs each separate contract.
9.02 Mutual Responsibility of Contractors
The Contractor shall afford other contractors reasonable opportunity for the introduction and
storage of their materials and equipment and the execution of their work, and shall properly
connect and coordinate his work with theirs.
If any part of the Contractor's work depends for proper execution or results upon the work of
any other separate contractor, the Contractor shall inspect and promptly report to the Engineer
any apparent discrepancies or defects in such work that render it unsuitable for such proper
execution and results. Failure of the Contractor to so inspect and report shall constitute an
acceptance of the other contractor's work as fit and proper to receive his work, except as to
defects which may develop in the other separate contractor's work after the execution of the
Contractor's work.
Should the Contractor cause damage to the work or property of any separate contractor on the
project, the Contractor shall, upon due notice, settle with such other contractor by agreement,
if he will so settle. If such separate contractor sues the Owner or initiates an proceeding
allowed hereunder on account of any damage alleged to have been so sustained, the Owner
shall notify the Contractor who shall defend such proceedings at the Contractor's expense, and
if any judgment or award against the Owner arises therefrom the Contractor shall pay or satisfy
it and shall reimburse the Owner for all attomey's fees and court costs or other costs which the
Owner has incurred.
9.03 Cutting and Patching under Separate Contracts
The Contractor shall be responsible for any cutting, fitting and patching that may be required
to complete his work, except as otherwise specifically provided in the Contract Documents.
GC -34
10. Protection of Persons and Property
10.01 Safety Precautions and Programs
10.02 Safety of Persons and Property
440451/010121
The Contractor shall not endanger any work of any other contractors by cutting, excavating
or otherwise altering any work and shall not cut or alter the work of any other contractor
except with the written consent of the Engineer.
Any costs caused by defective or ill -timed work shall be borne by the party responsible
therefor.
The Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the work.
The Contractor shall take all reasonable precautions for the safety of, and shall provide all
reasonable protection to prevent damage, injury, or loss to:
(1) all employees on the work and all other persons who may be affected thereby:
(2) all the work and all materials and equipment to be incorporated therein,
whether in storage or off the site, under the care, custody or control of the
Contractor or any of his Subcontractors or Sub - subcontractors; and
(3)
other property at the site or adjacent thereto, including trees, shrubs, lawns,
walks, pavements, fences, roadways, structures and utilities not designated for
removal, relocation or replacement in the course of construction.
The Contractor shall comply with all applicable laws, ordinances, rules, regulations and lawful
orders of any public authority having jurisdiction for the safety of persons or property or to
protect them from damage, injury or loss. He shall erect and maintain, as required by existing
conditions and progress of the work, all reasonable safeguards for safety and protection,
including posting danger signs and other warnings against hazards, promulgating safety
regulations and notifying owners and users of adjacent utilities.
When the use or storage of explosives or other hazardous materials or equipment is necessary
for the execution of the work, the Contractor shall exercise the utmost care and shall carry on
such activities under the supervision of properly qualified personnel.
All blasting, including methods of storing and handling explosives and highly inflammable
materials, shall conform to federal, state, local laws and ordinances. All city ordinances shall
be complied with even though some or all of the blasting is done outside the city limits unless
GC -35
440451/010121
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 (24) 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 Contractor's General Insurance Certificate for
each contract, a separate blasting certificate will not be required.
2. The following public utility companies and city departments will be notified
by the Contractor, on every occasion, at least twenty-four (24) hours prior to
the use of explosives: Water and Wastewater, Electric, Gas, Telephone and the
City Engineering Department.
3. Explosive materials to be used shall be limited to blasting agents and dynamite,
unless prior approval of other materials is obtained in writing from the
Engineering Department.
4. During blasting, all reasonable precautions shall be taken to protect
pedestrians, passing vehicles, and public or private property. Blasting mats or
protective cover shall be used when required by the City Inspector, the permit,
or by safe blasting practices.
5. All explosives shall be stored in accordance with Chapter 5, Section 5.200, of
the City Code.
6. The Director of Engineering or his representative shall have the right to limit
the use of explosives and/or blasting methods which in his opinion are
dangerous to the public or nearby property of any kind.
7. The Contractor, at his expense, shall promptly repair or replace all items
known to be damaged as a result of blasting. All claims of damage shall be
investigated by the City of Round Rock 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.
GC -36
440451/010121
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 the Engineer or anyone
employed by either of them, and not attributable in any degree to the fault or negligence of the
Contractor.
The Contractor shall designate a responsible member of his organization at the site whose duty
shall be the prevention of accidents. This person shall be the Contractor's superintendent
unless otherwise designated in writing by the Contractor to the Owner and the Engineer.
10.03 Location and Protection of Utilities
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.
11. Termination
11.01 Termination by Owner for Cause
Conditions for termination are as follows:
Without prejudice to any other legal or equitable right or remedy which it would otherwise
possess hereunder or as a matter of law, City shall be entitled by giving Contractor five (5)
days prior written notice to terminate this contract in its entirety at any time:
1. If the Contractor becomes insolvent, voluntarily files for bankruptcy, is the
subject of an involuntary petition for bankruptcy commenced by its creditors,
makes a general assignment for the benefit of creditors or becomes the subject
of any other proceeding commenced under any statute or law for the relief of
debtors; or
2. If a receiver trustee or liquidator of any of the property or income of Contractor
shall be appointed; or
3. If Contractor:
1. Shall fail to prosecute the work or any part thereof with diligence
necessary to insure its progress and completion as prescribed by the
GC -37
440451/010121
time schedules; and Shall fail to take such steps to remedy such default
within ten (10) days after written notice thereof from City; or
4. If Contractor:
1. Shall fail for any reason other than the failure by City to make
payments called upon when due, and
2. Shall fail to take such steps to remedy such default within ten (10) days
after written notice thereof from City; or
5. If Contractor:
1. Shall commit a substantial default under any of the terms, provisions,
conditions, or covenants contained herein; or
2. Shall fail to take such steps to remedy such default within ten (10) days
after written notice thereof from City; or
3. In the event of such termination, Contractor shall only be paid its
reimbursable costs incurred prior to the effective date of the
termination notice and shall not be entitled to receive any further fixed
fee payments hereunder and shall be further subject to any claim City
may have against Contractor under other provisions of this agreement
or as a matter of law, including the refund of any overpayment of
reimbursable costs and/or fixed fee.
If this Contract is terminated for cause, the City shall have the right but shall not be
obligated to complete the work itself or by others; and to this end, City shall be entitled
to take possession of and use such equipment and materials as may be on the job site,
and to exercise all rights, options, and privileges of Contractor under its subcontracts,
purchase orders, or otherwise; and Contractor shall promptly assign such rights,
options and privileges to City. If City elects to complete the work itself or by others,
pursuant to the foregoing, the City will reimburse City for all costs incurred by City
(including, without limitation, applicable, general, and administrative expenses, and
field overhead, and the cost of necessary equipment, materials, and field labor) in
correcting work by Contractor which fails to meet contract requirements.
Nothing contained in the preceeding sections shall require City to pay for any work
which is unsatisfactory as determined by the Director or which is not submitted in
compliance with the terms of this Contract. City shall not be required to make any
payments to Contractor when Contractor is in default under this Contract, nor shall this
Article constitute a waiver of any right, at law and at equity, which City may have if
Contractor is in default, including the right to bring legal action for damages or to force
specific performance of this Contract.
11.02 Termination for Convenience
In connection with the work outlined in the Contract, it is agreed and fully understood by
Contractor, that City may cancel or indefinitely suspend further work hereunder or terminate
this Contract either for cause as outlined above, or for the convenience of City, upon fifteen
GC -38
440451/010121
(15) days written notice to Contractor, with the understanding that immediately upon receipt
of said notice all work and labor being performed under this Contract shall cease. Contractor
shall invoice City for all work satisfactorily completed and shall be compensated in accordance
with the terms of this Contract for work accomplished prior to the receipt of said notice. No
amount shall be due for lost or anticipated profits.
After receipt of a notice of termination and acceptance otherwise directed by City, Contractor
shall, in good faith, and to the best of his ability, do all things necessary, in the light of such
notice and of such request and implementation thereof as City may make to assure the efficient
proper closeout of the terminated work (including the protection of City property). Among
other things, the Contractor shall, except as otherwise directed or approved by City:
1. Stop the work on the date and to the extent specified in the notice of termination.
2. Place no further orders for subcontracts for services, equipment or materials, except
as may be necessary for completion of such portion of the work as is not terminated.
3. Terminate all orders and subcontracts to the extent that they relate to the performance
of the work terminated by the notice of termination.
4. Assign to City, in the manner and to the extent directed by it, al right title, and interest
of Contractor under the orders or subcontracts so terminated; in which case, City shall
have the right to settle or pay any or all claims arising out of such termination of such
orders and/or subcontracts.
5. With the approval of City, settle all outstanding liabilities and all claims arising out of
such termination or orders and subcontracts.
6. Deliver to City, all documents, property, plans, field surveys, maps, cross sections and
other data, designs and work related to the Project shall become the property of the
City upon termination of this Contract, in a reasonably organized form, without
restriction on future use. Should City subsequently contract with a new contractor for
continuation of services under this Project, Contractor shall cooperate in providing
information.
7. In the event of such termination, no cost incurred after the effective date of the notice
of termination shall be treated as reimbursable costs unless it relates to carrying out the
unterminated portion or taking closeout measures.
GC -39
5.0 SPECIAL CONDITIONS
1
1 SECTION 01- INFORMATION
01 -01 ENGINEER
The word "Engineer" in these Specifications shall be understood as referring
to the City of Round Rock, 221 East Main Street, Round Rock, Texas 78664,
Engineer of the Owner, or the Engineer's authorized representative to act in
any particular position for the Owner.
01 -02 COPIES OF LAN
F A ND SP CIFICATION 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
1 governed by any existing Resolutions, Codes and Ordinances, and any
subsequent amendments or revisions thereto as set forth by the Owner.
01 - 04 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME
1 The Contractor agrees that time is of the essence for this Contract and that the
defmite value of damages which would result from delay would be incapable
of ascertainment and uncertain, so that for each day of delay beyond the
1 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
1 per calendar day.
01 - 05 LOCATION
The location of work shall be as mentioned in the Notice to Bidders and as
indicated on Plans.
1
1 440451/010121 SC -1
1
1 01 -06 USAGE OF WATER
All water used during construction shall be provided by the City. The City
shall specify the location from which the Contractor is to procure water. The
' Contractor shall be responsible for providing all apparatus necessary for
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.
1 01 - 07 PAY ESTIMATES
If pay estimates from the Contractor are not received by the Engineer on or
1 before the time specified in Section 5.04 of the General Conditions, then the
pay estimate will not be processed and will be returned to Contractor.
SECTION 02 SPECIAL CONSIDERATIONS
1 02 - 01 CROSSING UTILITIES
1 Prior to commencing the work associated with this contract, it shall be the
Contractor's responsibility to make arrangements with the Owners of such
utility companies to uncover their particular utility lines or otherwise confirm
their location. Certain utility companies perform such services at their own
expense, however, where such is not the case, the Contractor will cause such
1 work to be done at his own expense.
02 - 02 UTILITY SERVICES FOR CONSTRUCTION
The Contractor will be responsible for providing his own utility services while
1 performing the work associated with this contract. No additional payment will
be made for this item.
02 -03 GUARANTEES
The Contractor warrants the materials and workmanship and that the work is
in conformance with the plans and specifications included in this contract for
the period that the Warranty Bond, as outlined in Section 04 of the Special
1
440451/010121 SC -2
1
1
1 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.
1 02 - 04 MINIMUM WAGE SCALE
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.
' 02 -05 LIMIT OF FINANCIAL RESOURCES
The Owner has a limited amount of financial resources committed to this
1 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.
02 - 06 CONSTRUCTION REVIEW
1 The Owner shall provide a project representative to review the quality of
materials and workmanship.
1 02 -07 LIMITS OF WORK AND PAYMENT
1 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
1
440451/010121 SC -3
1
and technical specifications. All items of work not specifically paid for in the
bid proposal shall be included in the unit price bids. Any question arising as
to the limits of work shall be left up to the interpretation of the Engineer.
02 - 08 PAYMENT FOR MATERIALS ON HAND
Owner will not pay for materials on hand. Payment will be made for work
completed in accordance with monthly estimate procedure stipulated in the
General Conditions of the Agreement.
02 -09 "AS- BUILT" DRAWINGS
The Contractor shall mark all changes and revisions on all of his copies of the
working drawings during the course of the Project as they occur. Upon
completion of the Project and prior to final acceptance and payment, the
Contractor shall submit to the Engineer one set of his working drawings, dated
and signed by himself and his project superintendent and labeled as "As- Built",
that shows all changes and revisions outlined above and that shows field
locations of all above ground appurtenances including but not limited to
valves, fire hydrants and manholes. These as -built drawings shall become the
property of the Owner. Each appurtenance shall be located by at least two (2)
horizontal distances measured from existing, easily identifiable, immovable
appurtenances such as fire hydrants or valves. Property pins can be used for
as builts tie - ins provided no existing utilities as previously described are
available. Costs for delivering as-built drawings shall be subsidiary to other
bid items.
02 - 10 LAND FOR WORK
Owner provides, as indicated on Drawings, land upon which work is to done,
right -of -way for access to same and such other lands which are designated for
use of Contractor. Contractor provides, at his expense and without liability of
Owner, any additional land and access thereto that may be required for his
construction operations, temporary construction facilities, or for storage of
materials.
02 -11 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES
440451/010121
Whenever existing utilities, not indicated on Plans, present obstructions to
grade and alignment of proposed improvements immediately notify engineer,
who without delay, will determine if existing utilities are to be relocated, or
SC-4
1
1 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 CONSTRUCTION STAKING
All construction staking required to complete the work associated with this
contract shall be provided by the Contractor. The Contractor shall be
responsible for determining the layout and extent of staking necessary to
construct the improvements to the lines and grades shown in the Plans. This
item shall not be paid for separately and shall be considered subsidiary to other
bid items.
SECTION 03 TRAFFIC CONTROL
Access shall be provided for residents and emergency vehicles at all times.
When it becomes necessary to restrict access, the Contractor shall notify all
applicable agencies (ie. Fire Department, E.M.S., Public Works, etc.). At the
end of each day two lanes of traffic shall be opened to the public. The
Contractor shall be responsible for all maintenance, signing and safety
precautions necessary for traffic control. This item shall be considered
subsidiary to other bid items and no additional compensation shall be given for
complying with this Special Condition.
SECTION 04- WARRANTY BOND
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 20. Warranty Bond shall remain in effect for two (2) years
from date of City of Round Rock acceptance of improvements. 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
to final payment.
1 440451/010121 SC -5
1
,SECTION 05- INSIJRANC
1 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:
1 a. Statutory Worker's Compensation and minimum $100,000 Employers
Liability Insurance.
' b. Commercial General Liability Insurance with minimum limits of
' $500,000 per occurrence and $1,000,000 Aggregate or $500,000 for
this designated project and $100,000 Fire Damage.
' c. Automobile Liability Insurance for all owned, nonowned and hired
vehicles with minimum limits for Bodily Injury of $250,000 for each
person and $500,000 for each occurrence and Property Damage limits
' of $100,000 or Combined Single Limit of $600,000.
' d. On all new or remodeling building projects: All Risk Builders Risk
Insurance for insurable building projects shall be insured in the amount
of the contract price for such improvements. Owner and Contractor
' waive all rights against each other for damages caused by fire or other
perils to the extent covered by Builders Risk Insurance required under
this section, except as to such rights as they may have in the proceeds
' of such insurance. Contractor shall require similar waivers by
Subcontractors and Sub - subcontractors.
1 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
' 440451/010121 SC -6
440451/010121
General Liability coverage as described above, entitled "Commercial
General Liability Insurance."
When offsite storage is permitted, policy will be endorsed for transit and off
site storage in amounts sufficient to protect property being transported or
stored.
This insurance shall include, as insured, City of Round Rock, Contractor,
Subcontractors and Sub - subcontractors in the work, as their respective interest
may appear.
If insurance policies are not written for amount specified in b. and c. above,
Contractor is required to carry an Excess Liability Insurance Policy for any
difference in amounts specified.
Contractor shall be responsible for deductibles and self insured retentions, if
any, stated in policies. Any self insured retention shall not exceed ten percent
of minimum required limits. All deductibles or self insured retentions shall be
disclosed on Certificate of Insurance required above.
Contractor shall not commence work at site under this Contract until he has
obtained required insurance and until such insurance has been reviewed by
Owner's Contract Administration Office. Contractor shall not allow any
Subcontractors to commence work until insurance required has been obtained
and approved. Approval of insurance by Owner shall not relieve or decrease
liability of Contractor hereunder.
Insurance to be written by a company licensed to do business in the State of
Texas at the time policy is issued and acceptable to owner.
Contractor shall produce an endorsement to each effected policy:
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.
SC -7
440451/010121
3. That the "other" insurance clause shall not apply to Owner where City
of Round Rock is an additional insured shown on policy. It is intended
that policies required in this agreement, covering both Owner and
Contractor, shall be considered primary coverage as applicable.
Contractor shall not cause any insurance to be canceled nor permit any
insurance to lapse during term of this Contract or as required in the Contract.
If Contractor is underwritten on a claim -made basis, the retroactive date shall
be prior to, or coincident with, the date of this Contract and the Certificate of
Insurance shall state that coverage is claims made and also the retroactive date.
Contractor shall maintain coverage for duration of this Contract and for two
years following completion of this Contract.
Contractor shall provide the City annually a Certificate of Insurance as
evidence of such insurance. It is further agreed that Contractor shall provide
Owner a 30 day notice of aggregate erosion, an advance of the retroactive date,
cancellation and/or renewal.
It is also agreed that Contractor will invoke the tail option at request of Owner
and the Extended Reporting Period (ERP) premium shall be paid by
Contractor.
Owner reserves the right to review insurance requirements of this section
during effective period of the Contract and to make reasonable adjustments to
insurance coverages and their limits when deemed necessary and prudent by
Owner based upon changes in statutory law, court decisions or the claims
history of the industry as well as Contractor.
Owner shall be entitled, upon request, and without expense, to receive 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 -8
1
1 SECTION 06- WAGE RATES
I General Decision Number TX000043
Superseded General Decision No. TX990043
I State: TEXAS
Construction Type:
I 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
0 Publication Date
02/11/2000
County(ies):
BELL CORYELL TRAVIS
BEXAR GUADALUPE WILLIAMSON
' BRAZOS HAYS
COMAL MCLENNAN
' SUTX2042A 03/26/1998
Rates Fringes
AIR TOOL OPERATOR 8.08
'
ASPHALT HEATER OPERATOR 11.00
ASPHALT RAKER 8.00
' ASPHALT SHOVELER 7.97
BATCHING PLANT WEIGHER 11.00
CARPENTER 10.80
I CONCRETE FINISHER -PAVING 9.57
CONCRETE FINISHER - STRUCTURES 8.83
CONCRETE RUBBER 8.52
' ELECTRICIAN 16.25
1 440451/010121 SC -9
I
Rates
FLAGGER 6.86
FORM BUILDER - STRUCTURES 8.77
FORM LINER -PAVING & CURB 8.00
FORM SE1 I ER-PAVING & CURB 8.68
FORM SEDER-STRUCTURES 8.73
LABORER - COMMON 7.12
LABORER- UTILITY 7.99
MECHANIC 12.15
OILER 11.40
SERVICER 8.44
PAINTER - STRUCTURES 10.00
PIPE LAYER 8.27
ASPHALT DISTRIBUTOR OPERATOR 9.70
ASPHALT PAVING MACHINE 9.26
BROOM OR SWEEPER OPERATOR 7.12
BULLDOZER 9.28
CONCRETE CURING MACHINE 7.79
CONCRETE FINISHING MACHINE 11.00
CONCRETE PAVING SAW 9.79
SLIPFORM MACHINE OPERATOR 11.15
CRANE, CLAMSHELL, BACKHOE,
DERRICK, DRAGLINE, SHOVEL 10.12
FOUNDATION DRILL OPERATOR
TRUCK MOUNTED 15.00
FRONT END LOADER 8.86
HOIST - DOUBLE DRUM & LESS 10.81
MIXER 7.12
MIXER - CONCRETE PAVING 11.00
MOTOR GRADER FINE GRADE 12.37
MOTOR GRADER 11.14
PAVEMENT MARKING MACHINE 8.31
PLANER OPERATOR 15.75
ROLLER, STEEL WHEEL PLANT -MIX
PAVEMENTS 7.73
ROLLER, STEEL WHEEL OTHER
FLATWHEEL OR TAMPING 7.33
ROLLER, PNEUMATIC, SELF PROPELLED 7.17
SCRAPERS 8.38
TRACTOR- CRAWLER TYPE 9.40
TRAVELING MIXER 7.92
TRENCHING MACHINE, HEAVY 9.92
WAGON-DRILL/BORING MACHINE 8.00
440451/010121
SC -10
Fringes
Rates
REINFORCING STEEL SE11ER PAVING 14.50
REINFORCING STEEL SETTER
STRUCTURES 10.61
STEEL WORKER - STRUCTURAL 11.73
SPREADER BOX OPERATOR 8.55
WORK ZONE BARRICADE 8.29
SIGN INSTALLER 7.97
TRUCK DRIVER -SINGLE AXLE LIGHT 8.32
TRUCK DRIVER -SINGLE AXLE HEAVY 7.954
TRUCK DRIVER - TANDEM AXLE SEMI
TRAILER ' 8.02
TRUCK DRIVER - LOWBOY/FLOAT 10.12
WELDER 11.02
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 15.5(a)
1 (ii))
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
On survey related matters, initial contact, including requests for summaries of surveys, should be
with the Wage and Hour Regional office for the area in which the survey was conducted
because those Regional offices have responsibility for the Davis -Bacon survey program. If the
response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should
be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact
should be with the Branch of Construction Wage Determinations. Write to:
440451ro10121
Branch of Construction Wage Determinations
Wage and Hour Division
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
Fringes
• an existing published wage determination
• a survey underlying a wage determination
• a Wage and Hour Division letter setting forth a position on a wage determination
matter
• a conformance (additional classification and rate) ruling
SC -11
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action)
can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part
1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N W.
Washington, D. C. 20210
The request should be accompanied by a full statement of the interested party's position and by any
information (wage payment data, project description, area practice material, etc.) that the requestor
considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to
the Administrative Review Board (formerly the Wage Appeals Board). Write to:
4.) All decisions by the Administrative Review Board are final.
440451/010121
Administrative Review Board
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
END OF GENERAL DECISION
SC -12
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
811.96
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
$1532
WATERPROOFER/CAULKER
$10.64
$0.00
$0.00
$0.00
$10.64
1
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COUNTY NAME: WILLIAMSON
*$0.00 in the rate field indicated insufficient data was received to determine a prevailing wage rate for this
classification. Govemment 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)
440451/010121
PREVAILING WAGE RATE DETERMINATION
BUILDING CONSTRUCTION TRADES
SC - 13
Date Printed: April 15, 1997
6.0 TECHNICAL SPECIFICATIONS
ITEM 1 GENERAL DESCRIPTION
1.01 SCOPE OF WORK
440451/010121
The work covered by these Specifications consists of furnishing all labor,
equipment, appliances, materials and performing all operations in connection
with the inspection and testing, complete in accordance with the Plans, and
subject to the terms and conditions of the Contract Documents.
1.02 GOVERNING TECHNICAL SPECIFICATIONS
NOTE: The item number designation shown in parentheses adjacent to
captions herein is a reference to City of Austin Standard Specifications.
(102) Clearing & Grubbing
(110) Street Excavation
(201) Subgrade Preparation
(210) Flexible Base
(340) Hot Mix Asphaltic Concrete Pavement
(410) Concrete for Structures
(430) Concrete Curb & Gutter
(509) Trench Safety Systems
(510) Pipe
(604) Seeding for Erosion Control
(639) Rock Berm
(641) Stabilized Construction Entrance
(642) Silt Fence
(803) Barricades, Signs, and Traffic Handling
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.
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.
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ITEM 2 CONTROL OF WORK
2.01 CLEAN -UP
2.01.1 CONSTRUCTION SITE
During construction the Contractor shall keep the site free and clean from all
' rubbish and debris and shall clean-up the site promptly when notified to do so
by the Engineer.
1 The Contractor shall, at his own expense, maintain the streets and roads free
from dust, mud, excess earth or debris which constitutes a nuisance or danger
' to the public using the thoroughfare, or the occupants of adjacent properties.
Care shall be taken to prevent spillage on streets and roads over which hauling
' is done, and any such spillage or debris deposited on streets, due to the
Contractor's operations, shall be immediately removed.
2.01.2 BACKWORK
1 The Contractor shall coordinate his operations in such a manner as to prevent
the amount of clean-up and completion of back works from becoming
excessive. Should such a condition exist, the Engineer may order all or
portions of the work to cease and refuse to allow any work to commence until
the back work is done to the Engineer's satisfaction.
2.02 GRADING
1 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.
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ITEM 3 EXAMINATION ANI) REVIEW
3.01 XAMINATION OF WORK
t 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
1 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
' that, in the Engineer's opinion, provide sufficient information for the
Contractor to perform construction staking.
3.04 PROTECTION OF STAKES. MARKS. ETC.
All engineering and surveyor's stakes, marks, property corners, etc , shall be
carefully preserved by the Contractor, and in case of destruction or removal
during the course of this project, such stakes, marks, property corners, etc.,
shall be replaced by the Contractor at the Contractor's sole expense.
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ITEM 4 PROTECTION AND PRECAUTION
4.01 WORK IN FREEZING WEATHER
Portions of the work may continue as directed by the Engineer.
4.02 PROTECTION OF TREES. PLANTS AND SHRUBS
440451/010121
The Contractor shall take necessary precautions to preserve all existing trees,
plants and shrubs but where it is justifiable and necessary the Contractor may
remove trees and plants for construction right -of -way but only with approval
of the Engineer.
4.03 TRAFFIC CONTROL MEASURES AND BARRICADES
Traffic control measures and barricades shall be installed in accordance with
the Texas Manual of Uniform Traffic Control Devices and in other
locations deemed necessary by the Engineer, for the protection life and
property. Under no circumstances will any existing road be permitted to
remain closed over a weekend. No separate pay will be made for this item.
Costs for this item shall be subsidiary to other items of work.
4.04 PROPERTY LINES AND MONUMENTS
The Contractor shall be responsible for the protection, reference and resetting
of property corner monuments if disturbed.
4.05 DISPOSAL OF SURPLUS MATERIAL
The Contractor shall at his own expense, make arrangement for the disposal
of surplus material, such as rock, trees, brush and other unwanted backfill
materials.
4.06 CONTRACTOR'S USE OF PREMISES
The Contractor shall, at his own expense, provide additional space as
necessary for his operations and storage of materials.
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1 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 WORKMANSHIP
No material which has been used by the Contractor for any temporary purpose
whatever is to be incorporated in the permanent structure without the written
consent of the Engineer. Where materials or equipment are specified by a
trade or brand name, it is not the intention of the owner to discriminate against
an equal product of another manufacturer, but rather to set a definite standard
of quality for performance, and to establish an equal basis for the evaluation
of bids. Where the words "equivalent ", "proper" or "equal to" are used, they
shall be understood to mean that the item referred to shall be "proper ", the
"equivalent" of, or "equal to" some other item, in the opinion or judgement of
the Engineer. Unless otherwise specified, all materials shall be the best of
their respective kinds and shall be in all cases fully equal to approved samples.
Notwithstanding that the words "or equal to" or other such expressions may be
used in the specifications in connection with a material, manufactured article
or process, the material, article or process specifically designated shall be used,
unless a substitute is approved in writing by the Engineer, and the Engineer
will have the right to require the use of such specifically designated material,
article or process.
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