R-01-10-25-9E2 - 10/25/2001RESOLUTION NO. R- O1- 10- 25 -9E2
WHEREAS, the City of Round Rock has duly advertised for bids for
the City Wide Trail System, Phase II, Old Settlers Park at Palm Valley
Project, and
WHEREAS, Muniz Concrete & Contracting, Inc. has submitted the
lowest responsible bid, and
WHEREAS, the City Council wishes to accept the bid of Muniz
Concrete & Contracting, Inc., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a contract with Muniz Concrete & Contracting, Inc.
for the City Wide Trail System, Phase II, Old Settlers Park at Palm
Valley Project.
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.
RESOLVED this 25th day of Octo 01
ATTEST
CHRISTINE R. MARTINEZ, City Secretar
OOMA\ WORL00X\ 0 , \W00X \RESOLUTI \R11025EI.WPO /ee
R� A. STLi • v, Mayor
City of Round Rock, Texas
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C I TYW I DE TRAIL SYSTEM
PHASE II - LOCATION MAP
BAKER - AICKLEN
& ASSOCIATES, INC.
Engineers /Surveyors
October 3, 2001
City of Round Rock
Parks & Recreation
605 Palm Valley Blvd.
Round Rock, TX 78664
Attn: Ms. Sharon Prete, Director
RE: City Wide Trail System, Phase II, Old Settler's Park
Dear Sharon:
As you are aware, bids were opened at 2:00 p.m., Thursday, September 27, 2001 for the
"City Wide Trail System, Phase II, Old Settler's Park" project.
A total of two (6) bids were received, with the lowest base bid submitted being from
Muniz Concrete & Contracting, Inc., of Austin, TX in the amount of $72,856.25. A
complete bid tabulation is enclosed for your review.
We have interviewed the references supplied by Muniz Concrete & Contracting and are
satisfied as to their capabilities to complete the project. By virtue of the contractor's past
experience, performance and submission of the lowest base bid, we recommend award of
this contract to Muniz Concrete & Contracting.
If you have any questions or comments, please feel free to call at your convenience.
A. William Waeltz, P.E.
Project Manager
Enc.
cc: Larry Madsen, Dept. of Public Works
Muniz Concrete & Contracting
n: \601 -580\ Contractor Recommendation.doc
203 E. Main St., Suite 201 • Round Rock, Texas 76664 • 512/244 -9620 • FAX 512/244 -9623
Bid Item
Quantity
Unit
Myers Construction, Inc
Wimberley, TX
N & R Constriction
Austin, TX
Muniz Concrete & Contracting, Inc.
Austin, TX
Bid Bond
Yes
Bid Bond
Yes
Brd Bond
Yes
Addendums
Yes
Addendums
Yes
Addendums
Yes
Unit Price
Cost
— Unit Pnce
Cost
Umt Pnce
Cost
1
Mobilization, complete in place.
1
LS
$ 3,00000
S 3,00000
5 1,000.00
$ 1,00000
$ 1,50000
$ 1,50000
2
Stabilized construction.tranceremt,
complete in place.
1
EA
$ 1,20000
$ 1,200.00
$ 1,000.00
S 1,000.00
$ 65000
$ 65000
3
Silt fence, complete in place
120
LF
$ 300
S 36000
$ 10.00
$ 1,20000
$ 3.75
$ 45000
4
Tree protection, complete
1
LS
$ 2,80000
S 2,800.00
$ 1,000,00
S 1,00000
$ 1,000.00
$ 1,00000
5
Excavate and remove existing asphalt
trail at baseball fields, complete in
place.
2,013
LF
$ 5.00
S 10,065.00
$ 6.00
S 12,07800
$ 1 75
$ 3,522.75
6
Excavate and remove 3' wide
concrete sidewalk at baseball fields,
complete m place
6
LF
$ 20 00
5 120.00
S 30.00
S 180.00
$ 10 50
$ 63 00
7
3' wide, 5" thick concrete trod,
including 2" sand cushion, subgnde
preparation, seeding and sod
retention blanket, complete in place.
$ 15.00
$ 240.00
$ 2500
$ 400.00
$ 15.50
S 2448 00
8
8' wide, 5" thick concrete trail,
including 2" sand cushion, subgrade
prepantion, seeding and soil
retention blanket, complete in place
2,013
1.0
$ 33.78
5 67,999.14
—
5 35.87
5 72,206.31
$ 32 50
$ 65,422.50
TOTAL BASE BID (Items 1 through 8):
$ 85,784.14
S 89,06431
S 72,85615
Projects City Wide Trail System, Phase Two, Old Settlers Park
Owner. Cray of Round Rock
lob Number. 601 -580
Bid Date September27, 2001
Project Location. Round Rock, Williamson County, Texas
B,d7abob::cePhasellballfleldr.h loam 147PM Bake.Aialen &AcrcNam. Inc
Bid Item
Quantity
Unit
DAYCO Constution Co
Austin, TX
Keystone Construction Inc
Austin, TX
H. Deck Constitution Co
Round Rock, TX
Bid Bond
Yes
Did Bond
Yes
Brd Bond Yes
Addendum
Yes
Addendmnn
No
Addendum Yes
Unit Pnce
Cost
Unil Pm
Cost
Umt Price Cost
1
Mobilization, complete m place.
I
LS
$ 5,20500
$
5,20500
3 -
$ -
$ 3,300.00
$ 3,300.00
2
Stabrtrxed construction entrance /exit,
complete in place
1
EA
5 920.00
$
92000
$ -
5 -
5 1,20000
$ 1,20000
3
Slit fence, complete in place.
120
LF
$ 2.29
$
274 80
$ -
5 -
S 300
$ 360 00
4
Tree protechon, complete
1
LS
$ 820.00
$
820.00
$ -
$ -
$ 1,000.00
$ 1,00000
5
Excavate and remove emsting asphalt
tad at baseball fields, complete
place
8,013
LF
$ 6.48
$
13,044 24
$ -
$ -
S 0 50
$ 1,006 50
6
Excavate and remove 3' wide
concrete sidewalk at baseball fields,
complete in place.
6
LF
$ 22.90
$
137.40
$ -
$ -
$ 20.00
$ 12000
7
3' wide, 5" thick concrete tail,
including 2" sandcusluon, subgrade
preparation, seeding and soil
retention blanket, complete in place.
n
5 10 65
S
170 40
5 -
3 -
S 12 00
$ 192 00
8
8' wide, 5" thick concrete trail,
including 2" sand cushion, subgrade
preparation, seeding and soil
retention blanket, complete in place
2,013
12
$ 26.30
$
52,941.90
5 -
5 -
2 32.90
$ 66,227.70
TOTAL BASE BID (Items 1 thorough 8):
$
73,513.74
$ -
$ 73,406.20
Project. City Wide Trail System, Phase Tiro, Old Settlers Park
Owner. Guy of Round Rock
Job Number. 601 -580
Bid Date September 27, 2001
Project location: Round Rock, Williamson County, Texas
BaITabulanonPBasellballddrsh 10/12/011.47 PM
Oder-AI ilen d Associates. Inc
DATE: October 19, 2001
SUBJECT: City Council Meeting - October 25, 2001
! M: 9.E.2. Consider a resolution authorizing the Mayor to execute a contract
with Muniz Concrete & Contracting, Inc. for the City Wide Trail
System, Phase II, Old Settlers Park at Palm Valley Project.
Resource: Sharon Prete, Parks and Recreation Director
Wade Tomlinson
History: The trail system between the baseball and softball fields serves as the connecting
pathways to parking areas, nearby fields and other areas of the park. The concrete
trail will replace existing pathway that is in poor condition.
Funding:
Cost: $72,856.25
Source of funds:
CORR Certificates of Obligation and Williamson County
contributions.
Outside Resources: Muniz Concrete & Contracting, Inc.
Impact: Construction of this trail system will provide a much - improved walking surface over
the existing surface. The trail will be 8' wide and the construction timeline calls for
construction to be completed 60 days from the notice to proceed.
Benefit: Patrons who use the park will enjoy a wider and much improved walkway.
Public Comment: N/A
Sponsor: PARD
CONTRACT DOCUMENTS AND SPECIFICATIONS
V
Baker - Alcklen
& Associates, Inc.
Engineers /Surveyors
FOR
CITY WIDE TRAIL SYSTEM
, PHASE II '
OLD SETTLER'S PARK
!q
is
City.fRound Rock'
221tEastIvla n Street
oun&Rock, Tex 178664
•
8Y Prepared by: SSA OF � 11
Ap 0 '( Baker- Aicklen & Associates, Inc.
� bA1 ,203 East Main Street, Suite 201 4 A. WILLIAM WAELTZ
11 x Round Rock, Texas 78664 11 6220 /f
September, 2001 o.. .
Sections 1.0 - 6.0
Project No.: 601 - 580 -20
CONTRACT DOCUMENTS AND SPECIFICATIONS
Baker-Alcklen
& Associates, Inc.
Engineers /Surveyors
FOR
CITY WIDE TRAIL SYSTEM
PHASE II
OLD SETTLER'S PARK
R041
{ {
co
›.<
Prepared for:
City ° ofiRbund Rock
221f East Main Street i
oun 'Rock, Te as78664
Prepared by:
September, 2001
Baker - Aicklen & Associates, Inc.
203 East Main Street, Suite 201
Round Rock, Texas 78664
Co Fi
Sections 1.0 - 6.0
Project No.: 601 - 580 -20
BAKER - AICKLEN
& ASSOCIATES, INC.
Engineers /Surveyors
1. Correction — The following is a correction to the Bid Documents 2.0, Page
BD -7. Top paragraph shall read as follows:
All bidders shall acknowledge receipt of Addendum No. 1 on Page BD -7 of the
proposal.
Sincerely,
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 sixty (60) calendar days after the date of the written
Notice -to- Proceed. The bidder and the Owners agree that for each and every
calendar day the work, or any portion thereof, remains incomplete after the
sixty (60) calendar -day period, the bidder shall pay the amount of Five
Hundred Dollars ($500.00) per calendar day as liquidated damages, not as a
penalty but for delay damages to the Owners. Such amount shall be deducted
by the Owners from any payment due to the bidders.
A. William E.
0:1601- 580- 20\Specs\Addendum# l 9 -18 -01
City Wide Trail System Phase II
Old Settler's Park
Project No. 601 - 580 -20
September 18, 2001
ADDENDUM # 1
,g OP ri1th
ILUAM WAELTZ
y ; 6$220 : W ei
t h ONA► E aOr ` r � .?
203 E. Mein St., Suite 201 • Round Rock, Texas 76664 • 512/244 -9620 • FAX 512/244 -9623
BAKER - AICKLEN
& ASSOCIATES, INC.
Engineers /Surveyor°
1. Clarification — (Bid Items 7 &8) In an effort to limit the construction activity within
the baseball complex, a limits of construction was established. The limits of
construction is typically 15' to either side of the proposed centerline of the trail. In
some areas the limits of construction varies. The limits of construction shown on the
plans will be the maximum width of construction activity. The trail pavement section
detail, on sheet C -5 of 5, shows seeding, erosion blanket, and 3" of topsoil to the
limits of construction. Should the contractor be able to confine his/her work to a
width less than the limits of construction shown on the plans, the contractor will not
be required to place seeding, erosion blanket, or 3" of topsoil on the undisturbed
areas.
All bidders shall acknowledge receipt of Addendum No. 2 on Page BD -7 of the
proposal.
Sincerely,
A. William
0:\601-58 - 20■Spces\Addrndum921 9 -27 -01
City Wide Trail System Phase II
Old Settler's Park
Project No. 601 - 580 -20
September 25, 2001
ADDENDUM # 2
ot.j � ' � ,y t
r t
e A. WILLIAM WAELTZ 0
.E. 4 ......
203 E. Main St., Suite 201 • Round Rock, Texas 78664 • 512/244 -9620 • FAX 512/244 -9623
TABLE OF CONTENTS
Section Description 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
Payment Bond
Certificate of Liability Insurance
Warranty Bond
4.0 General Conditions GC -1
5.0 Special Conditions SC -1
6.0 Technical Specifications TS -1
table.doc
i
1.0 NOTICE TO BIDDERS
Sealed bids addressed to the Purchasing Agent, City of Round Rock, 221 East Main Street,
Round Rock, Texas 78664, for furnishing all labor, material and equipment and performing all
work required for the project titled "City Wide Trail System, Phase II, Old Settler's Park"
(including grading, concrete trails), will be received until 2:00 p.m., Thursday, September 27th,
2001 then publicly opened and read aloud at the City Hall 2 " Floor Conference Room at the
same address. Bid envelopes should state date and time of bid and "Sealed Bid for City Wide
Trail System, Phase H, Old Settler's Park ". 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 office of the Engineer, Baker - Aicklen, Inc.,
203 East Main Street, Suite 201, in Round Rock, Texas (512 -244 -9620) beginning September
10th, 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:
Austin American Statesman:
Sunday, September 9th, 2001
Sunday, September 16th, 2001
Sunday, September 23rd, 2001
notice.doc
NOTICE TO BIDDERS
NB -1
Round Rock Leader:
Thursday, September 13th, 2001
Thursday, September 20th, 2001
2.0 BID DOCUMENTS
biddoc.doc
INSTRUCTIONS TO BIDDERS
1. Prior to submitting any proposal, bidders are required to read the plans, specifications,
proposal, contract and bond forms carefully; to inform themselves by their independent
research, test and investigation of the difficulties to be encountered and judge for
themselves of the accessibility of the work and all attending circumstances affecting the
cost of doing the work and the time required for its completion and obtain all information
required to make an intelligent proposal.
2. Should the bidder find discrepancies in, or omissions from the plans, specifications, or
other documents, or should he be in doubt as to their meaning, he should notify at once
the Engineer and obtain clarification or addendum prior to submitting any bid.
3. It shall be the responsibility of the bidder to see that his bid is received at the place and
time named in the Notice to Bidders. Bids received after closing time will be returned
unopened.
4. Bids shall be submitted in sealed envelopes plainly marked "Sealed Bid" and showing the
name of the project, the job number if applicable, and the opening date and time.
5. Bids shall be submitted on proposal 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 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.
BD -1
10. Award of the contract, if awarded, will be made within sixty (60) days after opening of
the proposals, and no bidder may withdraw his proposal within said sixty (60) day period
of time unless a prior award is made.
11. Within ten (10) days after written notification of award of the contract, the successful
bidder must furnish a performance bond and a payment bond in the amount of one
hundred percent (100 %) of the total contract price. If the total contract price is
$25,000.00 or less, the performance and payment bonds will not be required. Said
performance bond and payment bond shall be from an approved surety company holding
a permit from the State of Texas, with approval prior to bid opening, indicating it is
authorized and admitted to write surety bonds in this state. In the event the bond exceeds
$100,000.00, the surety must also (1) hold a certificate of authority from the United States
secretary of the treasury to qualify as a surety on obligations permitted or required under
federal law; or (2) have obtained reinsurance for any liability in excess of $100,000.00
from a reinsurer that is authorized and admitted as a reinsurer in this state and is the
holder of a certificate of authority from the United States secretary of the treasury to
qualify as a surety or reinsurer on obligations permitted or required under federal law.
In determining whether the surety or reinsurer holds a valid certificate of authority, the
City may rely on the list of companies holding certificates of authority as published in the
Federal Register covering the date on which the bond is to be executed.
12. If the total contract price is less than $25,000.00 the performance and payment bond
requirement will be waived by the City of Round Rock. Payment will be made following
completion of the work.
13. Failure to execute the construction contract within ten (10) days of written notification of
award or failure to furnish the performance bond, or letter of credit if applicable, and
payment bond as required by item 11 above, shall be just cause for the annulment of the
award. In case of the annulment of the award, the proposal guarantee shall become the
property of the City of Round Rock, not as a penalty, but as a liquidated damage.
14. No contract shall be binding upon the City of Round Rock until it has been signed by its
Mayor after having been duly authorized to do so by the City Council.
15. The Contractor shall not commence work under this contract until he has furnished
certification of all insurance required and such has been approved by the City of Round
Rock, nor shall the contractor allow any subcontractor to continence 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
biddoc.doc
BD -2
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;
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(b), Texas Government Code, and
a payment bond in accordance with Section 2253.021(c).
biddoc.doc
estimates. The basis for the payment shall be the actual amount of work done and/or
material furnished.
1) The contract will transfer title of consumable, but not incorporate, materials to the
City of Round Rock at the time and point of receipt by the Contractor;
2) The Contractor will be paid for these consumable materials by the City of Round
Rock as soon as practicable. Payment will not be made directly but considered
subsidiary to the pertinent bid item. The Contractor's monthly estimate will state
that the estimate includes consumables that were received during the month
covered by the estimate; and
3) The designated representative of the City of Round Rock must be notified as soon
as possible of the receipt of these materials so that an inspection can be made by
the representative. Where practical, the materials will be labeled as the property of
the City of Round Rock.
BD -3
COMMERCIAL INDEMNITY
Insurance Company
KNOW ALL MEN BY THESE PRESENTS:
THAT Muniz Concrete and Contracting, Inc., P.O. Box 161524, Austin, Texas 78716 -1524 as
Principal, and COMMERCIAL INDEMNITY INSURANCE COMPANY, as Surety, are held and
firmly bound unto City of Round Rock, Purchasing Agent, 221 E. Main Street, Round Rock, Texas as
Obligee, in the full and just sum of Five percent of the amount bld lawful money of the United
States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
administrators, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal is hereby submitting its proposal for City Wide Trail System,
Phase 11, Old Settler's Park .
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
aforesaid Principal shall be awarded the contract the said Principal will, within the time required,
enter into a formal contract and give a good and sufficient bond to secure the performance of the
terms and conditions of the contract, then this obligation to be void; otherwise, the Principal and
Surety will pay unto the Obligee the difference in money between the amount of the bid of the said
Principal and the amount for which the Obligee legally contracts with another party to perform the
work if the latter amount be in excess of the former, but in no event shall liability hereunder
exceed the penal sum hereof.
Joh W.
Signed, sealed and delivered 26th da - YTSt mber 2001.
ntracting, Inc.
MunizC•
PRINCI
By
CO
By
BID BOND
BOND NUMBER BD46867
chuler, ATTORNEY -IN -FACT
(SEAL)
PANY
SEAL)
1 Commercial Indemnity Insurance Company COMMERCIAL
1507 South IH - 35 INDEMNITY INSURANCE CO.
,Austin, Texas 78741
BD46867
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
, That the Commercial Indemnity Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas, having
its principal office in Austin, Texas, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 7
day of April, 1999, to wit:
1 "Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney -In-
Fact, such persons, firms, or corporations as may be selected from time to time.
'Be It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attomey or any
certificate relating thereto by facsimile, and 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 powers so executed and certified by facsimile signature or facsimile seal shall be valid
, and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." Commercial Indemnity
Insurance Company does hereby make, constitute and appoint:
John W. Schuler
, State of Texas its true and lawful attomey(s )-in -fact, with full power and authority hereby conferred in its name, place and stead, to sign,
execute, acknowledge and deliver in its behalf, and its act and deed, as follows:
'The Obligation of the Company under this power of attorney shall not exceed one million ($1,000,000.00) Dollars.
And to bind Commercial Indemnity Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by
' the duly authorized officer of the Commercial Indemnity Insurance Company, and all the acts of said Attomey(s) pursuant to the authority
herein given, are hereby ratified and confirmed.
'III WITNESS WHEREOF, the Commercial Indemnity Insurance Company has caused these presents to be signed by any officer of the
Company and its Corporate Seal to be hereto affixed.
1
1
State of Texas
,County of Travis
' On this 7 day of April, in the year 1999, before me Sandra L. Denton, a notary public, personally appeared John W. Schuler, personally
known to me to be the person who executed the within instrument as President, on behalf of the Corporation therein named and acknowledged
to me that the Corporation executed it.
John W. Schuler. President
�L. Ldz-
'Commission Expires 8 -26 -2000
CERTIFICATE
' I, the undersigned, Secretary of Commercial Indemnity Insurance Company, DO HEREBY CERTIFY that the foregoing and attached Power
of Attorney and Certificate of Authority remains in full force and has not been revoked:
Signed and Sealed at the said Company at Austin, Texas dated this 26th day of September 20 01
1
1
1
Sandra L. Denton, Notary Public
Joel T. Massey, Secretary
PROPOSAL BIDDING SHEET
JOB NAME: City Wide Trail System, Phase II, Old Settler's Park
JOB LOCATION: Round Rock, Texas, Williamson County, Texas
OWNER: City of Round Rock, Texas
DATE: September 27th, 2001
Gentlemen:
Pursuant to the foregoing Notice to Bidders and Instructions to Bidders, the undersigned
bidder hereby proposes to do all the work, to fumish 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 City Wide Trail System, Phase 11, Old Settler's Park and binds
himself on acceptance of this proposal to execute a contract and bond for completing said project
within the time stated, for the following prices, to wit:
BASE BID
Bid Item Description Unit
Item Qu Unit and Written Unit Price Price Amount
1 1 L.S Mobilization, complete in place
2 1 EA Stabalized construction entrance
exit complete in place
3 120 L. F Silt fence, complete in place
for One thousand five 1 dotars $1 500.00 st.so0 00
and no cents.
for six hundred dollars $650.00 65 so.00
and no cents
for three dollars
and seventy -five cents $3.75 5450.00
BD-5
Bid Item Description Unit
Item Quant' Unit and Written Unit Price Price
4 1 LS Tree protection, complete in
place
5 2,013
6 6
TOTAL BASE BID (Items 1 thru 8):
for one thousand dollars
and no cents
LF Excavate and remove existing
asphalt trail at baseball fields,
complete in place
for one dollars $1.75 $3,522.75
and seventy -five cents
LF Excavate and remove 3' wide
concrete sidewalk at baseball
fields, complete in place
7 16 L.F 3' wide, 5" thick concrete trail
including 2" sand cushion,
subgrade preparation, seeding
and soil retention blanket,
complete in place
8 2013 L.F 8' wide, 5" thick concrete trail
including 2" sand cushion,
subgrade preparation, seeding
and soil retention blanket,
complete in place
for thirty. 7dollars
and ire �fe cents
for ten dollars $10.50 $63.00
and fifty cents
for fifteen dollars $15.50 $248.00
and fifty cents
Amount
$1,000.00 $1.000.00
,(5
k 6iJi '14556.15 4'
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 sixty (60) calendar days after the date of the Written Notice -to- Proceed.
The bider and the Owners agree that for each and every calendar day the work, or any portion thereof, remains
incomplete after the sixty(60) calendar -day period, the beidder shall pay the amount of Five Hundred Dollars
($500.00) per calendar day as liquidated damages, not as a penalty but for delay damages to the Owners.
Such amount shall be deducted by the Owners from any payment due to the bidders.
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 formalities
The undersigned acknowledges receipt of the following addenda:
ctfull ' e
rd .1 I
ose uan Mufiiz P.O. Box 161524, Austin. Texas 78716
Print Name
President
Title for
September 27. 2001
Date
Addendum No. 1 dated September 18, 2001 Received September 22 2001
ddendum No. 2 dated September 25, 2001 Received September 27, 2001
Ad. - .um No. 3 dated Received
Mufiiz Concrete & Contracting, Inc.
Name of Firm
Address
BD-7
512 385- - 34
Telepho;(
.4
e'7'"Tontractor is a
• Co . orati
3.0 POST BID DOCUMENTS
THE STATE OF TEXAS
AGREEMENT
COUNTY OF WILLIAMSON
THIS AGREEMENT, made and entered into this 01� day of O2 ? t.. , 2001, by and
between the (Owner) CITY OF ROUND ROCK of the State of Texas, acting through Robert
Stluka, Mayor, thereunto duly authorized so to do, hereinafter termed the OWNER, and
(Contractor) µuuizCGNCrele 4 Guai(Adi ;I of Avsb. -) , Texas, County of
�av ∎ s , State of Texas, hereinafter termed CONTRACTOR.
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 OWNER to
commence and complete the construction of certain improvements described as follows:
City Wide Trail System, Phase II, Old Settler's Park
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 Baker - Aicklen & Assoc..
Inc., 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 confluence work within 10 calendar days after the date
written notice to do so have been given to him, and to complete the same within "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.
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.
postbid.doc PBD -
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IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year
and day first above written.
CITY OF ROUND ROCK, TEXAS
(OWNER)
BY:
ATTEST:
Mayor
City Secretary
(The following to be executed if the Contractor is a Corporation.)
I, 3ose :1 . Mu�i�z , certify that I am the Secretary of the Corporation named as
Contractor herein; that ,Jose 5 . Mw.iiz , who signed this Contract on behalf of the
Contractor was then fl .ti1T (official title) of said Corporation, that said
Contract was duly signed for and in behalf of said Corpora t', i . . ai I orporation by authority
of its governing body, and is within the scope of its co .. • /po "- .
%/p7 Ar
Corporate Seal
postbid.doc
Signe
PBD -2
(Title)
Nt
0
(CONTRACT
BY /. "/ /%�'�.�.
Anse , . 'ur PREst DEIJT
(Typed name)
ATTEST:
arm c4'ntractor is a
o .oration or otherwise registered
With the Secretary of State
NITR -OT n)C,,
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
KNOW ALL MEN BY THESE PRESENTS: That Inc iz Concrete & Contracting)f the City of
z ,„ Gr ;,, , County of Travi s , and State of TeX , as
Principal, and S under the law of the State of Texas to act as
surety on bonds for principals, are held and firmly bound unto THE CITY OF ROUND ROCK,
TEXAS, (Owner), in the penal sum of anvdeM1(Rio Thousand Eight Hundred Fifty -Six
dollars ($ 72,856.25 ) 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:
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 fumished 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.
postbid.doc
PERFORMANCE BOND
Bond "Number: BD47273
City Wide Trail System, Phase II, Old Settler's Park
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.
,.ncr-te
if
Muniz
rinci
Title
P.O. Box 161524
Address
Austin, Texas 78716 -1524
Resident Agent of Surety:
Time Inurance Agency, Inc.
Printed Name
1507 S. IH - 35
Address
P.Es1 Dt-toT
Austin, Texas 78741
Contracting, Inc. Commercial Indemnity Insurance Company
postbid.doc
John W. Schuler
PBD -4
Surety
By n W. Schuler
Attorney- In"Fact
Title
1507 S. IH -35
Address
Austin, Texas 78741
PAYMENT BOND
Bond Number: BD47273
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
Muniz Concrete and
KNOW ALL MEN BY THESE PRESENTS: That Contracting, Inc. , of the City of
Austin , County of Travis , and State of Texas as
Principal, and insuiam a boa Tftfazed 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
Seventy -Two Thousand Eight Hundred Fifty -Six and 25/100 Dollars
($ 72 ,855.25 ) for the payment whereof, well and truly be made the said
Principal and Surety bind themselves and their heirs, administrators, executors, successors, and
assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the
day of , 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:
City Wide Trail System, Phase II, Old Settler's Park
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.
postbid doc
PBD -5
PAYMENT BOND (continued)
Surety, for value received, stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the contract, or to the work performed thereunder, or the plans,
specifications or drawings accompanying the same shall in anywise affect its obligation on this
bond, and it does hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the contract, or to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument
this day of , 2001.
Muniz c.Arete contractin• Inc. Commercial Indemnity Insurance Company
rinnc�cip 0. Surety
Title
P.O. Box 161524
Address
Austin, Texas 78716 -1524
Resident Agent of Surety:
Time Insurance Agency, Inc.
Printed Name
1507 S. I8 - 35
Address
Nes ltrnlr
Austin, Texas 78741
City, State & Zi s . ode
Signal John W. Schuler
postbid doc PBD -
Title
Attorney -In -Fact
1507 S. I11-35
Address
Austin, Texas 78741
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WARRANTY BOND
BOND NUMBER BD47273 AMOUNT 72,856.25
KNOW ALL MEN 13Y THESE PRESENTS,
That we, Muniz Concrete and Contracting, Inc.
(hereinafter called the "Principal ") as Principal, and
the Commercial Indemnity Insurance g duly organized under the laws of the
State of Texas and duly licensed to transact business in the State of
y � a (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 Seventy -Two Thousand Eight Hundred Fifty -Six and 25/100 dollars
(g 72,855.25 ) for the payment of which sum well and truly to be made, we, the
said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors
and assigns, jointly and severally, firmly, by these presents. -
Sealed with our seals and dated this
thousand and one.
Dated , 2001, for construction of:
City Wide Trail System, Phase H, Old Settler's Park
postbid.doc PBD -8
day of , A.D. two
WHEREAS, the said Principal has heretofore entered into a contract with
City of Round Rock
WHEREAS, the said Principal is required to guarantee the construction of all improvements
installed under said contract, against defects in materials or workmanship, which may develop
during the period of one 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 TEE OBLIGATIONS IS SUCH, that if said
Principal shall faithfully carry out and perform the said guarantee, and shall, on due notice, repair
and make good at its own expense any and all defects in materials or workmanship in the said
work which may develop during the period of one year(s) from the date of acceptance of the
project above described, by Owner:
The City of Round Rock, Texas
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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.
Muniz C
Princip
Title
Address
Printed Name
Address
Sign •t
P.O. Box 161524
Resident Agent of Surety:
Time Insurance Agency, Inc.
1507 S. IH -35
Austin, Texas 78741
City, State & Zip C. de
John W. Schuler
Contracting, Inc. Commercial Indemnity Insurance Company
Surety
1507 S. IH - 35
Address
Austin, Texas 78716 -1524 Austin, Texas 78741
postbid.doc PBD -
Schuler
Title Attorney -In -Fact
' Commercial Indemnity Insurance Company COMMERCIAL BD47273
1507 South IH - 35 INDEMNITY INSURANCE CO.
1 Austin, Texas 78741
' KNOW ALL MEN BY THESE PRESENTS:
That the Commercial Indemnity Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas, having
its principal office in Austin, Texas, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 7
day of April, 1999, to wit:
' "Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney -In-
Fact, such persons, firms, or corporations as may be selected from time to time.
' Be It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attorney or any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall
' be valid and binding upon the Company and any such powers so executed and certified by facsimile signature or facsimile seal shall be valid
and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." Commercial Indemnity
Insurance Company does hereby make, constitute and appoint:
I John W. Schuler
State of Texas its true and lawful attomey(s) -in -fact, with full power and authority hereby conferred in its name, place and stead, to sign,
execute, acknowledge and deliver in its behalf, and its act and deed, as follows:
' The Obligation of the Company under this power of attorney shall not exceed one million ($1,000,000.00) Dollars.
And to bind Commercial Indemnity Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by
' the duly authorized officer of the Commercial Indemnity Insurance Company, and all the acts of said Attomey(s) pursuant to the authority
herein given, are hereby ratified and confirmed.
I IN WITNESS WHEREOF, the Commercial Indemnity Insurance Company has caused these presents to be signed by any officer of the
Company and its Corporate Seal to be hereto affixed.
1
State of Texas
I County of Travis
' On this 7 day of April, in the year 1999, before me Sandra L. Denton, a notary public, personally appeared John W. Schuler, personally
known to me to be the person who executed the within instrument as President, on behalf of the Corporation therein named and acknowledged
to me that the Corporation executed it.
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Commission Expires 8 -26 -2000
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John W. Schuler. President
�..• SANDRA L DENTON
NOTARY PUBLIC
3 State of Texas
�,• N...i Comm E 0&262000
Sandra L. Denton, Notary Public
CERTIFICATE
I, the undersigned, Secretary of Commercial Indemnity Insurance Company, DO HEREBY CERTIFY that the foregoing and attached Power
of Attorney and Certificate of Authority remains in full force and has not been revoked:
' Signed and Sealed at the said Company at Austin, Texas dated this 1st day of November 20 01
Joel T. Massey, Secretary
POWER OF ATTORNEY
COMMERCIAL INDEMNITY
Insurance Company
IMPORTANT NOTICE
To obtain information or make a complaint:
You may contact John W. Schuler, President of Operations, whose direct dial
number is 512 -447 -7773. You may also fax us information at 512 -440 -0989.
You may also call Commercial Indemnity Insurance Company's toll -free
telephone number for information or to make a complaint at:
1- 800 - 365 -6065
You may also write to Commercial Indemnity Insurance Company : 1507 South
IH -35, Austin, Texas 78741.
You may contact the Texas Department of Insurance to obtain information on
companies, coverages, rights or complaints at:
1- 800 - 252 -3439
You may also write the Texas Department of Insurance: P.O. Box 149104,
Austin, Texas 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 company first. If the dispute is
not resolved you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only
and does not become a part or a condition of the attached document and is
given to comply with Section 2253.48, Government Code, and Section 53.202,
Property Code, effective September 1, 2001.
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CERTIFICATE OF LIABILITY ,rtISURANCE
dRODUCER Time Insurance Agency COMPANIES AFFORDING COVERAGE
1507 South IH -35
Austin, TX 78741 A National American Insurance
INSURED C
Muniz Concrete & Contracting, Inc.
PO Box 161524 D
THIS IS TO eMtYihr ffid'i Insured named above is insured by the Companies listed above with respect to the business
operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by
the companies, and further hereinafter described. Exceptions to the policies are noted below.
CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS
LTR NUMBER DATE DATE
A
A
GENERAL LIABILITY
AUTOMOBILE LIABILITY
EXCESS LIABILITY
OTHER
CM1892042C 3/13/01 3/13/02
AU1376242C 3/13/01 3/13/02
WORKERS' COMPENSATION AND EMPLOYERS' LIABI I Y STATUTORY UMI S
EACH ACCIDENT
A NW1293542C 3/13/01 3/13/02 DISEASE - POLICY LIMIT
DISEASE - EACH EMPLOYEE
DESCRIPTION OF OPERATIONS/tOCATIONSNEHICLES /SPECIAL ITEMS/EXCEPTIONS
Waiver of Subrogation in favor of City of Round Rock applies to the Workers Comp. policy
only. Project: City Wide Trail System, Ph - T; etl-e0v Park.
The City of Rotund Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers' Liability. Should any
of the above described policies by cancelled or changed before the expiration date t hereof. the issuing company will mail thirty (30) days written notice
to the certificate holder named below.
CERTIFICATE HOLDER: City of Round Rock
221 E. Main Street
Round Rock. Texas 78664
attn: Joanne Land
PRO-7
B
G . •
i
Tap N John W. Schuler
Title., Agnt
Date: 10/31/01
GENN1ALAGGREGATE $2,000,000
PRODUCTS-COMP /OP AGG. $2,000,000
PERSONAL &ADV. INJURY 51,000,000
EACH OCCURRENCE 31,000,000
FIRE DAMAGE (Any one fire) 850,000
MED. EXPENSE (Any one person) 55 , 000
COMBINED SINGLE LIMIT $1,000,000
BODILY INJURY (Per person) 82, 500
BODILY INJURY (Per accident) $
PROPERTY DAMAGE 3
EACH OCCURRENCE $
AGGREGATE - $
Sl ORIZED d RESENTATIVE
$ 500,000
$ 500,000
$ 500,000
4.0 GENERAL CONDITIONS
Contents
1.0 Definition of Terms
GENERAL CONDITIONS OF AGREEMENT
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
2.0 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
g . ond.d«
GC -1
3.0 General Obligations and Responsibilities
3.01 - Keeping of Plans and Specifications Accessible
3.02 - Ownership of Drawings
3.03 - Adequacy of Design
3.04 - Right of Entry
3.05 - Collateral Contracts
3.06 - Discrepancies and Omissions
3.07 - Equipment, Materials and Construction Plant
3.08 - Damages •
3.09 - Protection Against Accident to Employees and the Public
3.10 - Performance and Payment Bonds
3.11 - Losses from Natural Causes
3.12 - Protection of Adjoining Property
3.13 - Protection Against Claims of Subcontractors, etc.
3.14 - Protection Against Royalties or Patented Invention
3.15 - Laws and Ordinances
3.16 - Assignment and Subletting
3.17 - Indemnification
3.18 - Insurance
3.19 - Final Clean-Up
3.20 - Guarantee Against Defective Work
3.21 - Testing of Materials
3.22 - Wage Rates
4.0 Prosecution and Progress
4.01 - Time and Order of Completion
4.02 - Extension of Time
4.03 - Hindrances and Delays
5.0 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
geneonddoe
GC -2
6.0 Extra Work and Claims
6.01 Change Orders
6.02 Minor Changes
6.03 Extra Work
6.04 Time of Filing Claims
6.05 Continuing Performance
6.06 Arbitration
7.0 Abandonment of Contract
7.01 Abandonment by Contractor
7.02 Abandonment by Owner
8.0 Subcontractors
8.01 Award of Subcontracts for Portions of Work
8.02 Subcontractual Relations
8.03 Payments to Subcontractors
9.0 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
10.0 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
uncond.doc
GC -3
1.0 Definition of Terms
1.01 Owner, Contractor and Engineer
The Owner, the Contractor and the Engineer and those persons or organization identified as
such in the Agreement and are referred to throughout the contract Documents as if singular
in number and masculine in gender. The term Engineer means the Engineer or his duly
authorized representative. The Engineer shall be understood to be the Engineer of the Owner,
and nothing contained in the Contract Documents shall create any contractual or agency
relationship between the Engineer and the Contractor.
1.02 Contract Documents
gcnconddoc
General Conditions of Agreement
The Contract Documents shall consist of the Notice to Contractors, Instructions to Bidders,
Proposal, Signed Agreement, Performance and Payment Bonds (when required), Special
Bonds (when required), General Conditions of the Agreement, Construction Specifications,
Plans and all modifications thereof incorporated in any of documents before the execution of
the agreement.
The Contract Documents are complementary, and what is called for by any one shall be as
binding as if called for by all. In case of conflict between any of Contract documents, priority
of interpretation shall be in the following order: Signed Agreement, Performance and Payment
Bonds, Special Bonds (if any), Proposal, Special Conditions of Agreement, Notice to
Contractors, Technical Specifications, Plans, and General Conditions of Agreement.
1.03 Subcontractor
The term Subcontractor, as employed herein, includes only those having a direct contract with
the Contractor and it includes one 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 sub-
contractor to perform any of the work at the site and includes one who fumishes material
worked to a special design according to the plans or specifications . of this work, but does not
include one who merely furnishes material not so worked.
GC -4
1.05 Written Notice
1.06 Work
ge, oeddoe
Written notice shall be deemed to have been duly served if delivered in person to the
individual or to an officer of the corporation for whom it is intended, or if delivered at or sent
by registered mail to the last business address known to him who gives the notice.
The Contractor shall provide and pay for all materials, machinery, equipment, tools,
superintendence, labor, services, insurance, and all water, light, power, fuel, transportation and
other facilities necessary for the execution and completion of the work covered by the contract
documents. Unless otherwise specified, all materials shall be new and both workmanship and
materials shall be of a good quality. The Contractor shall, if required, fumish satisfactory
evidence as to the kind and quality of materials. Materials or work described in words which
so applied have a well known technical or trade meaning shall be held to refer to such
recognized standards.
1.07 Extra Work
The term "Extra Work" as used in this contract shall be understood to mean and include all
work that may be required by the Engineer or Owner to be done by the Contractor to
accomplish any change, alteration or addition to the work shown upon the plans, or reasonably
implied by the specifications, and not covered by the Contractor's Proposal, except as provided
under "Changes and Alteration," herein.
1.08 Working Day
A "Working Day" is defined as any day not including Saturdays, Sundays or any legal
holidays, in which weather or other conditions, not under the control of the Contractor, will
permit construction of the principal units of the work for a period of not less than seven (7)
hours between 7:00 a.m. and 6:00 p.m.
1.09 Calendar Day
"Calendar Day" is any day of the week or month, no days being excepted.
1.10 Substantially Completed
By the term "substantially completed" is meant that the structure has been made suitable for
use or occupancy or the facility is in condition to serve its intended purpose, but still may
require minor miscellaneous work and adjustment.
GC -5
2.0 Responsibilities of the Engineer and the Contractor
2.01 Owner - Engineer Relationship
gencond.doc
The Engineer will be the Owner's representative during construction. The duties,
responsibilities and limitations of authority of the Engineer as the Owner's representative
during construction are as set forth in the Contract Documents and shall not be extended or
limited without written consent of the Owner and Engineer. The Engineer will advise and
consult with the Owner, and all of Owner's instructions to the Contractor shall be issued
through the Engineer.
2.02 Professional Inspection by Engineer
The Engineer shall make periodic visits to the site to familiarize himself generally with the
progress of the executed work and to determine if such work generally meets the essential
performance and design features and the technical and functional engineering requirements
of the Contract Documents; provided and except, however, that the Engineer shall not be
responsible for making any detailed, exhaustive, comprehensive or continuous on -site
inspection of the quality or quantity of the work or be in any way responsible, directly or
indirectly, for the construction means, methods, techniques, sequences, quality, procedures,
programs, safety precautions or lack of same incident thereto or in connection therewith.
Notwithstanding any other provision of this agreement or any other Contract Document, the
Engineer shall not be in any way responsible or liable for any acts, errors, omissions or
negligence of the Contractor, any Subcontractor or any of the Contractor's or Subcontractor's
agents, servants or employees or any other person, firm or corporation performing or
attempting to perform any of the work.
2.03 Payments for Work
The Engineer shall review Contractor's applications for payment and supporting data,
determine the amount owed to the Contractor and recommend, in writing, payment to
Contractor in such amounts; such recommendation of payment to Contractor constitutes a
representation to the Owner of Engineer's professional judgementthat the work has progressed
to the point indicated to the best of his knowledge, information and belief, but such
recommendation of an application for payment to Contractor shall not be deemed as a
representation by Engineer that Engineer has made any examination to determine how or for
what purpose Contractor has used the moneys paid on account of the Contract price.
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2.04 Initial Determinations
The Engineer initially shall determine all claims, disputes and other matters in question
between the Contractor and the Owner relating to the execution or progress of the work or the
interpretation of the Contract Documents and the Engineer's decision shall be rendered in
writing within a reasonable time, which shall not be construed to be less than ten (10) days.
Appeal to arbitration upon mutual agreement may be taken as if his decision had been rendered
against the party appealing.
2.05 Objections
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In the event the Engineer renders any decision which, in the opinion of either party hereto, is
not in accordance with the meaning and intent of this contract, either party may file with the
Engineer within thirty (30) days his written objection to the decision, and by such action may
reserve the right to submit the question so raised to arbitration as hereinafter provided.
2.06 Lines and Grades
Unless otherwise specified, all lines and grades shall be furnished by the Engineer or his
representative. Whenever necessary, construction work shall be suspended to permit
performance of this work, but such suspension will be as brief as practicable and the
Contractor shall be allowed no extra compensation therefor. The contractor shall give the
Engineer ample notice of the time and place where lines and grades will be needed. All stakes,
marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction
or removal by him or his employees, such stakes, marks, etc., shall be replaced at the
Contractor's expense.
2.07 Contractor's Duty and Superintendence
The Contractor shall give adequate attention to the faithful prosecution and completion of this
contract and shall keep on the work, during its progress, a competent English - speaking
superintendent and any necessary assistants to supervise and direct the work. The
superintendent shall represent the Contractor in his absence and all directions given to him
shall be as binding as if given to the Contractor.
The Contractor is and at all times shall remain an independent contractor, solely responsible
for the manner and method of completing his work under this contract, with full power and
authority to select the means, method and manner of performing such work, so long as such
methods do not adversely affect the completed improvements, the Owner and Engineer being
interested only in the result obtained and conformity of such completed improvements to the
plans, specifications and contract.
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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 Contractor to deviate from the plans and specifications,
the intent of such drawings, specifications and any other such information being to define with
specificity the agreement of the parties as to the work the Contractor is to perform. Contractor
shall be fully and completely liable, at his own expense, for design, construction, installation
and use, or non -use of all items and methods incident to performance of the contract, and for
all loss, damage or injury incident thereto, either to person or property, including, without
limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery
or equipment, safety precautions or devices, and similar items or devices used by him during
construction.
Any review of work in process, or any visit or observation during construction, or any
clarification of plans and specifications, by the Engineer or Owner, or any agent, employee,
or representative of either of them, whether through personal observation on the project site
or by means of approval of shop drawings for temporary construction or construction
processes, or by other means or method, is agreed by the Contractor to be for the purpose of
observing the extent and nature of work completed or being performed, as measured against
the drawings and specifications constituting the contract, or for the purpose of enabling
Contractor to more fully understand the plans and specifications so that the completed
construction work will conform thereto, and shall in no way relieve the Contractor from full
and complete responsibility for the proper performance of his work on the project, including
but not limited to the propriety of means and methods of the Contractor in performing said
contract, and the adequacy of any designs, plans or other facilities for accomplishing such
performance. Deviation by the Contractor from plans and specifications that may have been
in evidence during any such visitation or observation by the Engineer, or any of his
representatives, whether called to the contractor's attention or not shall in no way relieve
Contractor from his responsibility to complete all work in accordance with said plans and
specifications.
2.08 Contractor's Understanding
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It is understood and agreed that the Contractor has, by careful examination, satisfied himself
as to the nature and location of the work, the conformation of the ground, the character, quality
and quantity of the materials to be encountered, the character of equipment and facilities
needed preliminary to and during the prosecution of the work, the general and local conditions,
and all other matters which can in any way effect the work under this contract. The Contractor
agrees that he will make no claim against the Owner or the Engineer if, in the prosecution of
the work, he finds that the actual site or subsurface conditions encountered do not conform to
those indicated by excavation, test excavation, test procedures, borings, explorations or other
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subsurface excavations. No verbal agreement or conversation with any officer, agent or
employee of the Owner or Engineer either before or after the execution of this contract, shall
affect or modify any of the terms or obligations herein contained.
2.09 Character of Workers
The Contractor agrees to employ only orderly and competent workers, skillful in the
performance of the type of work required under this contract, to do the work; and agrees that
whenever the Engineer shall inform him in writing that any workers on the work are, in his
opinion, incompetent, unfaithful or disorderly, or refuse instructions from the Engineer in the
absence of the Superintendent, such worker shall be discharged from the work and shall not
again be employed on the work without the Engineer's written consent. No illegal alien may
be employed by any Contractor for work on this project, and a penalty of $500.00 per day will
be assessed for each day and for each illegal alien who works for the Contractor at this project.
2.10 Contractor's Buildings
The building of structures for housing workers, or the erection of tents or other forms of
protection, will be permitted only at such places as the Engineer shall direct, and the sanitary
conditions of the grounds in or about such structures shall at all times be maintained in a
manner satisfactory to the Engineer.
2.11 Sanitation
Necessary sanitary conveniences for the use of laborers on the work, properly secluded from
public observation, shall be constructed and maintained by the Contractor in such manner and
at such points as shall be approved by the Engineer, and their use shall be strictly enforced.
2.12 Shop Drawings
The Contractor shall submit to the Engineer, with such promptness as to cause no delay in his
own work or in that of any other Contractor, four (4) checked copies, unless otherwise
specified, of all shop and/or setting drawings and schedules required for the work of the
various trades, and the Engineer shall pass upon them with reasonable promptness, making
desired corrections. The Contractor shall make any corrections required by the Engineer, file
with him two (2) corrected copies and 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
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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 Contractor's performance hereunder.
2.13 Preliminary Approval
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The Engineer shall not have the power to waive the obligations of this contract for the
fumishing by the Contractor of good material, and of his performing good work as herein
described, and in full accordance with the plans and specifications. No failure or omission of
the Engineer to discover, object to or condemn any defective work or material shall release the
Contractor from the obligations to fully and properly perform the contract, including without
limitations, the obligation to at once tear out, remove and properly replace the same at any
time prior to final acceptance upon the discovery of said defective work or material; provided,
however, that the Engineer shall, upon request of the Contractor, inspect and accept or reject
any material fumished, and in event the material has been once accepted by the Engineer, such
acceptance shall be binding on the Owner, unless it can be clearly shown that such material
famished 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 bome 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.
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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 theline, grade, form, dimensions, plans or materials for the work herein
contemplated, or any part thereof, either before or after the beginning of the construction,
without affecting the validity of this contract and the accompanying Performance and Payment
Bonds.
If such changes or alterations diminish the quantity of the work to be done, they shall not
constitute the basis for a claim for damages, or anticipated profits on the work that may be
dispensed with, except as provided for unit price items under Section 5 "Measurement and
Payment ". If the amount of work is increased, and the work can fairly be classified under the
specifications, such increase shall be paid for according to the quantity actually done and at
the unit price, if any, established for such work under this contract, except as provided for unit
price items under Section 5 "Measurement and Payment"; otherwise, such additional work
shall be paid for as provided under Extra Work. In case the Owner shall make such changes
or alterations as shall make useless any work already done or material already furnished or
used in said work, then the Owner shall recompense the Contractor for any material or labor
so used, and for any actual loss occasioned by such change, due to actual expense incurred in
preparation for the work as originally planned.
2.16 Inspectors
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The Engineer may provide one (or more) field inspectors at the work site for the limited
purpose of observing the work in progress and reporting back to the Engineer on the extent,
nature, manner and performance of the work so that the Engineer may more effectively
perform his duties hereunder. Such inspectors may also communicate between Engineer and
Contractor their respective reports, opinions, questions, answers and clarifications concerning
the plans, specifications and work but shall not be deemed the agent of the Contractor for all
purposes in communicating such matters.
Such inspector may confer with the Contractor or Contractor's superintendent concerning the
prosecution of the work and its conformity with the plans and specifications but shall never
be, in whole or part, responsible for, charged with, nor shall he assume, any authority or
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responsibility for the means, methods or manner of completing the work or of the
superintendence of the work or of the Contractor's employees. It is expressly understood and
agreed that any such inspector is not authorized by the Engineer or Owner to independently
act for either or answer on behalf of either, any inquiries of the Contractor concerning the
plans, specifications or work. No inspector's opinion; advice; interpretation of the plans or
specifications of this contract; apparent or express approval of the means, methods or manner
of Contractor's performance of work in progress or completed; or discovery or failure to
discover or object to defective work of materials shall release Contractor from his duty to
complete all work in strict accordance with the plans and specifications or stop the Owner or
Engineer from requiring that all work be fully and properly performed including, if necessary,
removal of defective or otherwise unacceptable work and the re -doing of such work.
3.0 General Obligations and Responsibilities
3.01 Keeping of Plans and Specifications Accessible
The Engineer shall furnish the Contractor with an adequate and reasonable number of copies
of all plans and specifications without expense to him and the Contractor shall keep one (1)
copy of the same constantly accessible on the work, with the latest revisions noted thereon.
3.02 Ownership of Drawings
All drawings, specifications and copies thereof famished by the Engineer shall not be reused
on other work, and, with the exception of the signed contract sets, are to be returned to him
on request, at the completion of the work. All models are the property of the Owner.
3.03 Adequacy of Design
It is understood that the Owner believes it has employed competent engineers and designers.
It is therefore agreed that the Owner shall be responsible for the adequacy of the design,
sufficiency of the Contract Documents, the safety of the structure and the practicability of the
operations of the completed project; provided the Contractor has complied with the
requirements of the said Contract Documents, all approved modifications thereof, and
additions and alterations thereto approved in writing by the Owner. The burden of proof of
such compliance shall be upon the Contractor to show that he has complied with the said
requirements of the Contract Documents, approved modification thereof and all approved
additions and alterations thereto.
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3.04 Right of Entry
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The Owner reserves the right to enter the property or location of which the works herein
contracted for are to be constructed or installed, by such agent or agents as he may elect, for
the purpose of inspecting the work, or for the purpose of constructing or installing such
collateral work as said Owner may desire.
3.05 Collateral Contracts •
The Owner agrees to provide by separate contract or otherwise, all labor and material essential
to the completion of the work specifically excluded from this contract, in such manner as not
to delay the progress of the work, or damage said Contractor, except where such delays are
specifically mentioned elsewhere in the Contract Documents. The Owner will attempt to
coordinate the collateral work of utility companies regulated by City franchises, but the City
shall not be responsible for delays or other damages to the Contractor which may result from
their acts or omissions.
3.06 Discrepancies and Omissions
The Contractor shall provide written notice to the Engineer of any omissions or discrepancies
found in the contract. It is further agreed that it is the intent of this contract that all work must
be done and all material must be furnished in accordance with the generally accepted practice
for construction, and in the event of any discrepancies between the separate contract
documents, the priority of interpretation defined under "Contract Documents" shall govern.
In the event that there is still any doubt as to the meaning and intent of any portion of the
contract, specifications or drawings, the Engineer shall define which is intended to apply to
the work.
3.07 Equipment, Materials and Construction Plant
The Contractor shall be responsible for the care, preservation, conservation, and protection of
all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all
means of construction, and any and all parts of the work, whether the Contractor has been paid,
partially paid, or not paid for such work, until the entire work is completed and accepted.
3.08 Damages
In the event the Contractor is damaged in the course of completion of the work by the act,
neglect, omission, mistake or default of the Owner or Engineer, thereby causing loss to the
Contractor, the Owner agrees that he will reimburse the Contractor for such loss. In the event
the Owner is damaged in the course of the work by the act, negligence, omission, mistake or
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default of the Contractor, or should the Contractor unreasonably delay the progress of the work
being done by others on the job so as to cause loss for which the Owner becomes liable, then
the Contractor shall reimburse the Owner for such loss.
3.09 Protection Against Accident to Employees and the Public
The Contractor shall at all times exercise reasonable precautions for the safety of employees
and others on or near the work and shall comply with all applicable provisions of Federal,
State, and Municipal safety laws and building and construction codes. All machinery and
equipment and other physical hazards shall be guarded in accordance with the "Manual of
Accident Prevention in Construction" of the Associated General Contractors of America
except where incompatible with Federal, State, or Municipal laws or regulations. The
Contractor shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks,
and other safety devices. The safety precautions actually taken and their adequacy shall be
the sole responsibility of the Contractor, acting at his discretion as an independent contractor.
In the event there is an accident involving injury to any individual on or near the work, the
Contractor shall immediately notify the Owner and Engineer of the event and shall be
responsible for recording the location of the event and the circumstances surrounding the event
through photographs, interviewing witnesses, obtaining of medical reports and other
documentation that defines the event. Copies of such documentation shall be provided to the
Owner and the Engineer for their records.
3.10 Performance and Payment Bonds
Unless otherwise specified, it is further agreed by the Parties to the Contract that the
Contractor will execute separate performance and payment bonds, each in the sum of one
hundred (100 %) percent of the total contract price, in standard forms for this purpose,
guaranteeing faithful performance of the work and the fulfillment of any guarantee required,
and further guaranteeing payment to all persons supplying labor and materials or furnishing
him any equipment in the execution of the Contract. If the contract price is $25,000.00 or less
no payment or performance bond shall be required. It is agreed that the Contract shall not be
in effect until such performance and payment bond are fumished and approved by the Owner.
Unless otherwise specified, the cost of the premium for the performance and payment bonds
shall be included in the price bid by the Contractor for the work under this Contract, and no
extra payment for such bonds will be made by the Owner.
Unless otherwise approved in writing by the Owner, the surety company underwriting the
bonds shall be licensed to write such bonds in the State of Texas.
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3.11 Losses from Natural Causes
3.12 Protection of Adjoining Property
3.13 Protection Against Claims of Subcontractors, Laborers, Materialmen and Furnishers
of Machinery, Equipment and Supplies
3.14 Protection Against Royalties or Patented Invention
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Unless otherwise specified, all loss or damage to the Contractor arising out of the nature of the
• work to be done, or from the action of the elements, or from any unforeseen circumstance in
the prosecution of the same, or from unusual obstructions' or difficulties which may be
encountered in the prosecution of the work, shall be sustained and borne by the Contractor at
his own cost and expense.
The said Contractor shall take proper means to protect the adjacent or adjoining property or
properties in any way encountered, which might be injured or seriously affected by any process
of construction to be undertaken under this Agreement, from any damage or injury by reason
of said process of construction; and he shall be liable for any and all claims for such damage
on account of his failure to fully protect all adjoining property. The Contractor agrees to
indemnify, save and hold harmless the Owner and Engineer against any claim or claims for
damages due to any injury to any adjacent or adjoining property, arising or growing out of the
performance of the contract regardless of whether or not it is caused in part by a party
indemnified hereunder, but any such indemnity shall not apply to any claim of any kind arising
solely out of the existence or character of the work.
The Contractor agrees that he will indemnify and save the Owner and Engineer harmless from
all claims growing out the lawful demands of Subcontractors, laborers, workers, mechanics,
materialmen and furnishers of machinery and parts thereof, equipment, power tools, and all
supplies, including commissary, incurred in the furtherance of the performance of this contract.
When so desired by the Owner, Contractor shall furnish satisfactory evidence that all
obligations of the nature hereinabove designated have been paid, discharged or waived. If the
Contractor fails to do so, then the Owner may at the option of the Contractor either pay directly
any unpaid bills, of which the Owner has written notice, or withhold from the Contractor's
unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all
such lawful claims until satisfactory evidence is furnished that all liabilities have been fully
discharged, whereupon payments to the Contractor shall be resumed in full, in accordance with
the terms of this contract, but in no event shall the provisions of this sentence be construed to
impose any obligation upon the Owner by either the Contractor or his Surety.
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
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infringement of any patent or copyright rights and shall indemnify and save the Owner and
Engineer harmless from any Loss on account thereof, except that the Owner shall defend all
such suits and claims and shall be responsible for all such loss when a particular design,
device, material or process or the product of a particular manufacturer or manufacturers is
specified or required by the Owner; provided, however, if choice of altemate design, device,
material or process is allowed to the Contractor, then Contractor shall indemnify and save
Owner harmless form any loss on account thereof. If the material or process specified or
required by the Owner is known by the Contractor to be an infringement, the Contractor shall
be responsible for such loss unless he promptly gives such information to the Owner.
3.15 Laws and Ordinances
The Contractor shall at all times observe and comply with all Federal, State and local laws,
ordinance and regulations, which in any manner affect the contract or the work, and shall
indemnify and save harmless the Owner and Engineer against any claim arising from the
violation of any such laws, ordinances, and regulations whether by the Contractor or his
employees, except where such violations are called for by the provisions of the Contract
Documents. If the Contractor observes that the plans and specifications are at variance
therewith, he shall promptly notify the Engineer in writing, and any necessary changes shall
be prepared as provided in the contract for changes in the work. If the Contractor performs
any work knowing it to be contrary to such laws, ordinances, rules and regulations, and
without such notice to the Engineer, he shall bear all costs arising therefrom. In case the
Owner is a body politic and corporate, the law from which it derives its powers, insofar as the
same regulates the objects for which, or the manner in which, or the conditions under which
the Owner may enter into contract, shall be controlling, and shall be considered as part of this
contract, to the same effect as though embodied herein.
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
The Contractor shall defend, indemnify and hold harmless the Owner and the Engineer and
their respective officers, agents and employees, from and against all damages, claims, losses,
demands, suits, judgements and costs, including reasonable attorneys' fees and expenses,
arising out of or resulting from the performance of the work, provided that any such damages,
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claim, loss, demand, suit, judgment, cost or expense:
1. Is attributable to bodily injury, sickness, disease or death to any person including
Contractor's employees and any Subcontractor's employees and any Sub -
Subcontractor's employees or to injury to or destruction of tangible property including
Contractor's property (other than the work itself) and the property of any Subcontractor
of Sub - Subcontractor including the loss of use resulting therefrom; and,
2. Is caused in whole or in part by any intentional or negligent act or omission of the
Contractor, any Subcontractor, any Sub - subcontractor or anyone directly or indirectly
employed by any one of them or anyone for whose acts any of them may be liable,
regardless of whether or not it is caused in part by a party indemnified hereunder.
The obligation of the Contractor under this Paragraph shall not extend to the liability of the
Engineer, his agents or employees arising out of the preparation of maps, plans, reports,
surveys, Change Orders, designs or specifications, or the approval of maps, plans, reports,
surveys, Change Orders, designs or specifications or the issuance of or the failure to give
directions or instructions by the Engineer, his agents or employees, provided such is the sole
cause of the injury or damage.
In any and all claims against the Owner or the Engineer or any of their agents or employees
by any employee of the Contractor, any Subcontractor, any Sub - Subcontractor, anyone directly
or indirectly employed by any of them or anyone for whose acts any of them may be liable, the
indemnification obligation under Paragraph 3.17 shall not be limited in any way by any
limitation on the amount or type of damages, compensation or benefits payable by or for the
Contractor or any Subcontractor or Sub - Subcontractor under workmen's compensation acts,
disability benefit acts or other employee benefit acts.
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.
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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 fling of any coverage agreements, that meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees
of the Contractor providing services on the project, for the duration of the project.
This coverage shall include the following terms:
(a) Employer's Liability limits of $100,000.00 for each accident is required.
(b) "Texas Waiver of Our Right to Recover From Others" Endorsement
WC 42 03 04 shall be included in this policy.
(c) Texas must appear in Item 3A of the Worker's Compensation coverage
or Item 3C must contain the following: 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 governmental entity prior
to being awarded the contract.
If the coverage period shown on the Contractor's current certificate of coverage ends
during the duration of the project, the Contractor must, prior to the end of the coverage
period, file a new certificate of coverage with the governmental entity showing that
coverage has been extended.
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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) no later than seven calendar days after receipt by the Contractor, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project.
The Contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter. -
The Contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 calendar days after the Contractor knew or should have
known, or any change that materially affects the provision of coverage of any person
providing services on the project.
The Contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how
a person may verify coverage and report lack of coverage.
The Contractor shall contractually require each person with whom it contracts to
provide services on project, to:
(a) provide coverage, based on proper reporting of classification codes and
payroll amounts of filing of any coverage agreements, that meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its
employees providing services on the project, for the duration of the project;
(b) provide to the Contractor, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being provided for
all employees of the person providing services on the project, for the duration
of the project;
(c) provide the Contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project;
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(d) obtain from each other person with whom it contracts, and provide to
the Contractor:
(1) a certificate of coverage, prior to the other person beginning
work on the project; and
(2) a new certificate of coverage showing extension of coverage,
prior to the end of the coverage period, if the coverage period shown
on the current certificate of coverage ends during the duration of the
project;
(e) retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
(f) notify the governmental entity in writing by certified mail or personal
delivery, within 10 calendar days after the person knew or should have known,
of any change that materially affects the provision of coverage of any person
providing services on the project; and
(g) contractually require each person with whom it contracts, to perform
as required by paragraphs (a) - (g), with the certificates of coverage to be
provided to the person for whom they are providing services.
By signing this contract, or providing, or causing to be provided a certificate of
coverage, the Contractor is representing to the governmental entity that all employees
of the Contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be based
on proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance carrier or, in the case of a self -
insured, with the Commission's Division of Self-Insurance Regulation. Providing false
or misleading information may subject the Contractor to administrative penalties,
criminal penalties, civil penalties, or other civil actions.
The Contractor's failure to comply with any of these provisions is a breach of contract
by the contractor that entitles the governmental entity to declare the contract void if the
Contractor does not remedy the breach within ten calendar days after the receipt of
notice of breach from the governmental entity.
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.
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D. Automobile Liability Insurance for all owned, non - owned, and hired vehicles with
minimum limits for Bodily Injury of $100,000 for each person and $300,000 for each
occurrence and Property Damage minimum limits of $50,000 for each occurrence.
Contractor shall require subcontractors to provide Automobile Liability Insurance with
same minimum limits.
The Contractor shall not commence work at the site under this contract until he has obtained
all required insurance and until such insurance has been approved by the Owner and Engineer.
The Contractor shall not allow any Subcontractors to commence work until all insurance
required has been obtained and approved. Approval of the insurance by the Owner and
Engineer shall not relieve or decrease the liability of the contractor hereunder.
The required insurance must be written by a company licensed to do business in Texas at the
time the policy is issued. In addition, the company must be acceptable to the Owner and all
insurance (other than Workmen's compensation) shall be endorsed to include the Owner as an
additional insured thereunder.
The Contractor shall not cause any insurance to be cancelled nor permit any insurance to lapse.
All insurance certificates shall include a clause to the effect that the policy shall not be
cancelled or reduced, restricted or limited until ten (10) days after the Owner has received
written notice as evidenced by return receipt of registered or certified letter. Certificates of
Insurance shall contain transcripts from the proper office of the insurer, evidencing in
particular those insured, the extent of the insurance, the location and the operations to which
the insurance applies, the expiration date, and the above mentioned notice of cancellation
clause.
3.19 Final Clean -up
Upon the completion of the work and before acceptance and final payment will be made, the
Contractor shall clean and remove from the site of the work, surplus and discarded materials,
temporary structures and debris of every kind. He shall leave the site of the work in a neat and
orderly condition at least equal to that which originally existed. Surplus and waste materials
removed from the site of the work shall be disposed of at locations satisfactory to the
Engineer.
In the event Contractor fails or refuses to clean and remove surplus materials and debris as
above provided, the Owner or Engineer may do so, or cause same to be done, at the
Contractor's expense and the reasonable cost thereof shall be deducted from the final payment.
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3.20 Guarantee Against Defective Work
3.21 Testing of Materials
Unless otherwise specified, testing of all materials to be incorporated into the project will be
as directed by the Engineer at the expense of the Owner. All retesting for work rejected on the
basis of test results will be at the expense of the Contractor and the extent of the retesting shall
be determined by the Engineer. The Engineer may require additional testing for failing tests
and may require two passing retests before acceptance will be made by the Owner. The testing
laboratory will be designated by the Owner.
3.22 Wage Rates (Information From Chapter 2258 Texas Government Code Title 10)
2288.021. Duty of Government Entity to Pay Prevailing Wage Rates
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The contractor warrants the materials and workmanship and that the work is in conformance
with the plans and specifications included in this contract for a period of one year from the
date of acceptance of the project. Said warranty binds the contractor to correct any work that
does not conform with such plans and specifications or any defects in workmanship or
materials furnished under this contract which may be discovered within the said one year
period. The Contractor shall at his own expense correct such defect within thirty days after
receiving written notice of such defect from the Owner or Engineer by repairing same to the
condition called for in the contract documents and plans and specifications. Should the
Contractor fail or refuse to repair such defect within the said thirty day period or to provide
acceptable assurances that such repair work will be completed within a reasonable time
thereafter, the Owner may repair or cause to be repaired any such defect at the Contractor's
expense.
All materials to be incorporated into the project must meet the requirements of these
specifications. For manufactured materials such as reinforcing steel, expansion joint materials,
concrete pipe, cement, miscellaneous steel, cast iron materials, etc., the Contractor will be
required to furnish a manufacturer's certificate stating that the material meets the requirements
specified for this project.
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.
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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
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.
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Applicable wage rates are shown in Section 06 - WAGE RATES of the SPECIAL
CONDITIONS.
4.0 Prosecution and Progress
4.01 Time and Order of Completion
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It is the meaning and intent of this contract, unless otherwise herein specifically provided, that
the Contractor shall be allowed to prosecute his work at such times and seasons, in such order
of precedence, and in such manner as shall be most conducive to economy of construction;
provided, however, that the order and the time of prosecution shall be such that the work shall
be substantially completed as a whole and in part, in accordance with this contract, the plans
and specifications, and within the time of completion designated in the Proposal: provided,
also, that when the Owner is having other work done, either by contract or by his own force,
the Engineer may direct the time and manner of constructing the work done under this
contract, so that conflict will be avoided and the construction of the various works being done
for the Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Engineer,
schedules which shall show the order in which the Contractor proposes to carry on the Work,
with dates at which the Contractor will start the several parts of the work, and estimated dates
of completion of the several parts.
4.02 Extension of Time
Should the Contractor be delayed in the completion of the work by any act or neglect of the
Owner or Engineer, or of any employee of either, or by other contractors employed by the
Owner, or by changes ordered in the work, or by strikes, lockouts, fires, and unusual delays
by common carriers, or unavoidable cause or causes beyond the Contractor's control, or by any
cause which the Engineer shall decide justifies the delay, then an extension of time shall be
allowed for completing the work, sufficient to compensate for the delay, the amount of the
extension to be determined by the Engineer, provided, however, that the Contractor shall give
the Engineer prompt notice in writing of the cause of such delay. Adverse weather conditions
will not be justification for extension of time on "Calendar Days" contracts.
4.03 Hindrances and Delays
No claims shall be made by the Contractor for damages resulting from hindrances or delays
from any cause (except where the work is stopped by order of and for the convenience of the
Owner) during the progress of any portion of the work embraced in this contract. In case said
work shall be stopped by the act of the Owner, then such expense as in the judgment of the
Engineer is caused by such stoppage of said work shall be paid by the Owner to the Contractor.
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5.0 Measurement and Payment
5.01 Quantities and Measurements
5.02 Estimated Quantities
5.03 Price of Work
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No extra or customary measurements of any kind will be allowed, but the actual measured
and/or computed length, area, solid contents, number and weight only shall be considered,
unless otherwise specifically provided.
This agreement, including the specifications, plans and estimate, is intended to show clearly
all work to be done and material to be furnished hereunder. Where the estimated quantities
are shown for the various classes of work to be done and material to be furnished under this
contract, they are approximate and are to be used only as a basis for estimating the probable
cost of the work and for comparing the proposals offered for the work. It is understood and
agreed that the actual amount of work to be done and material to be 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 20% more than, or 20% Less than the estimated or contemplated quantity for such items,
then either party to this Agreement, upon demand, shall be entitled to revised consideration
upon the portion of the work above or below 20% of the estimated quantity.
A "Major Item" shall be construed to be any individual bid item incurred in the proposal that
has a total cost equal to or greater that five (5) percent of the total contract cost, computed on
the basis of the proposal quantities and the contract unit prices.
Any revised consideration is to be determined by agreement between the parties, otherwise by
the terms of this Agreement, as provided under "Extra Work ".
In consideration of the furnishing of all the necessary labor, equipment and material, and the
completion of all work by the Contractor, and on the completion of all work and on the
delivery of all material embraced in this Contract in full conformity with the specifications and
stipulations herein contained, the Owner agrees to pay the Contractor the prices set forth in the
Proposal hereto attached, which has been made a part of this contract. The Contractor hereby
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agrees to receive such prices in full for furnishing all material and all labor required for the
aforesaid work, also for all expense incurred by him, and for well and truly performing the
same and the whole thereof in the manner and according to this Agreement.
5.04 Partial Payments
On or before the 1st day of each month, the Contractor shall submit to the Engineer a
statement showing the total value of the work performed up to and including the 25th day of
the preceding month. The statement shall also include the value of all sound materials
delivered on the job site and to be included in the work and all partially completed work
whether bid as a lump sum or a unit item which in the opinion of the Engineer is acceptable.
The Engineer shall examine and approve or modify and approve such statement.
The Owner shall then pay the Contractor on or before the 20th day of the current month the
total amount of the approved statement, less 10 percent of the amount thereof, which 10
percent shall be retained until final payment, and further less all previous payments and all
further sums that may by retained by the Owner under the terms of this Agreement. It is
understood, however, that in case the whole work be near to completion and some unexpected
and unusual delay occurs due to no fault or neglect on the part of the Contractor, and Owner
may - upon written recommendation of the Engineer - pay a reasonable and equitable portion
of the retained percentage to the Contractor; or the Contractor at the Owner's option, maybe
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
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The Owner shall have the right to take possession of and use any completed or partially
completed portions of the work, notwithstanding the time for completing the entire work or
such portions may not have expired but such taking possession and use shall not be deemed
an acceptance of any work not completed in accordance with the Contract Documents. If such
prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra
•
compensation, or extension of time, or both, as the Engineer may determine.
The Contractor shall notify the Engineer when, in the Contractor's opinion, the contract is
"substantially completed" and when so notifying the Engineer, the Contractor shall furnish to
the Engineer in writing a detailed list of unfinished work. The Engineer will review the
Contractor's list of unfinished work and will add thereto such items as the Contractor has
failed to include. The "substantial completion" of the structure or facility shall not excuse the
Contractor from performing all of the work undertaken, whether of a minor or major nature,
and thereby completing the structure or facility in accordance with the Contract Documents.
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5.06 Final Completion and Acceptance
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Within ten (10) days after the Contractor has given the Engineer written notice that the work
has been completed, or substantially completed, the Engineer and the Owner shall inspect the
work and within said time, if the work be found to be completed in accordance with the
Contact Documents, the Engineer shall issue to the Owner and the Contractor his Certificate
of Completion, and thereupon it shall be the duty of the Owner to issue a Certificate of
Acceptance of the work to the Contractor or to advise the Contractor in writing of the reason
for non - acceptance.
5.07 Final Payment
Upon the issuance of the Certificate of Completion, the Engineer shall proceed to make final
measurements and prepare final statement for the value of all work performed and materials
furnished under the terms of the Agreement and shall certify same to the Owner, who shall pay
to the Contractor on or before the 30th day, and before the 35th day, after the date of the
Certificate of Completion, the balance due the Contractor under the terms of this contract; and
said payment shall become due in any event upon said performance by the Contractor. Neither
the Certificate of Acceptance nor the final payment, nor any provision in the Contract
Documents, shall relieve the Contractor of the obligation for fulfilhnent of any warranty which
may be required.
5.08 Payments Withheld
The Owner may, on account of subsequently discovered evidence, withhold or nullify the
whole or part of any certificate to such extent as may be necessary to protect himself from loss
on account of:
a) Defective work not remedied or other obligations hereunder not done.
b) Claims filed or reasonable evidence indicating probable filing of claims.
c) Failure of the Contractor to make payments properly to subcontractors or for material
or labor.
d) Damage to 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.
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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 6% per annum,
unless otherwise specified, from date due as provided under 'partial payments' and final
'payments,' until fully paid, which shall fully liquidate any injury to the Contractor growing out
of such delay in payment. It is expressly agreed that delay by the Owner in making payment
to the Contractor of the sum named in any partial or final statement shall not constitute a
breach of this contract on the part of the Owner nor an abandonment thereof nor shall it to any
extent or for any time relieve the Contractor of his obligations to fully and completely perform
hereunder.
6.0 Extra Work and Claims
6.01 Change Orders
6.02 Minor Changes
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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.
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6.03 Extra Work
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In such case, the Contractor by copy of his communication to the Engineer or otherwise in
writing shall advise the Owner of his request to the Engineer for a written Field Order and that
work involved may result in an increase in the Contract Price.
Any request by the Contractor for a change in Contract Price shall be made prior to beginning
the work covered by the proposed change.
It is agreed that the basis of compensation to the Contractor for work either added or deleted
by a Change Order or for which a claim for Extra Work is made shall be determined by the
unit prices upon which this contract was bid to the extent such work can be fairly classified
within the various work item descriptions and for work items that cannot be so classified by
one or more of the following methods:
Method (A)
By agreed unit prices; or
Method (B)
By agreed lump sum; or
Method (C)
If neither Method (A) nor Method (B) be agreed upon before the Extra Work
is commenced, then the Contractor shall be paid the "actual field cost" of the
work, plus fifteen (15) percent.
In the event said Extra Work be performed and paid for under Method (C), then the provisions
of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost
to the Contractor of all workmen, such as foreman, timekeepers, mechanics and laborers, and
materials, supplies, trucks, rentals on machinery and equipment, for the time actually
employed or used on such Extra Work, plus actual equipment, for the time actually employed
or used on such Extra Work, plus actual transportation charges necessarily incurred, together
with all power, fuel, lubricants, water and similar operating expenses, also all necessary
incidental expenses incurred directly on account of such Extra Work, including Social
Security, Old Age Benefits and other payroll taxes, and, a rateable proportion of premiums on
Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property
Damage and Workmen's Compensation, and all other insurance as may be required by any law
or ordinance, or directed by the Owner, or by them agreed to. The Engineer may direct the
form in which accounts of the "actual field cost" shall be kept and the records of these
accounts shall be made available to the Engineer. The Engineer or Owner may also specify
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in writing, before the work commences, the method of doing the work and the type and kind
of machinery and equipment to be used; otherwise these matters shall be determined by the
Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment
shall be determined by using 100 percent, unless otherwise specified, of the latest schedule of
Equipment Ownership Expense adopted by the Associated General Contractors of America.
Where practicable the terms and prices for the use of machinery and equipment shall be
incorporated in the Written Extra Work Order. The fifteen (15 %) percent of the "actual field
cost" to be paid the Contractor shall cover and compensate him for his profit, overhead,
general superintendence and field office expense, and all other elements of cost and expense
not embraced within the "actual field cost" as herein defined, save that where the Contractor's
Camp or Field Office must be maintained primarily on account of such Extra Work; then the
cost to maintain and operate the same shall be included in the "actual field cost."
No claim for Extra Work of any kind will be allowed unless ordered in writing by the
Engineer. In case any orders or instructions, either oral or written, appear to the Contractor
to involve Extra Work for which he should receive compensation or an adjustment in the
construction time, he shall make written request to the Engineer for written order authorizing
such Extra Work. Should a difference of opinion arise as to what does or does not constitute
Extra Work, or as to the payment therefor, and the Engineer insists upon its performance, the
Contractor shall proceed with the work after making written request for written order and shall
keep an accurate account of the "actual field cost" thereof, as provided under Method (C). The
Contractor will thereby preserve the right to submit the matter of payment to arbitration, as
hereinbelow provided.
6.04 Time of Filing Claims
It is further agreed by both parties hereto that all questions of dispute or adjustment presented
by the Contractor shall be in writing and filed with the Engineer within thirty (30) days after
the Engineer has given any directions, order or instruction to which the Contractor desires to
take exception. The Engineer shall reply within thirty (30) days to such written exceptions by
the Contractor and render his final decision in writing. In case the Contractor should appeal
from the Engineer's decision, any demand for arbitration shall be filed with the Engineer and
the Owner in writing within ten (10) days after the date of delivery to Contractor of the
Engineer's final decision. It is further agreed that final acceptance of the work by the Owner
and the acceptance by the Contractor of the final payment shall be a bar to any claims by either
party, except claims by Owner for defective work or enforcement of warranties and except as
noted otherwise in the contract documents.
6.05 Continuing Performance
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
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resolution of any disputes or disagreements, except as the Owner may otherwise agree in
writing.
6.06 Arbitration
All questions of dispute under this Agreement shall be submitted to arbitration at the request
of either party to the dispute. The parties may agree upon one arbiter, otherwise, there shall
be three, one named in writing by each party, and the third chosen by the two arbiters so
selected; or if the arbiters fail to select a third within ten (10) days, he shall be chosen by a
District Judge serving the County in which the major portion of the project is located, unless
otherwise specified. Should the party demanding arbitration fail to name an arbiter within ten
(10) days of the demand, his right to arbitrate shall lapse, and the decision of the Engineer shall
be final and binding on him. Should the other party fail to choose an arbiter within ten (10)
days, the Engineer shall appoint such arbiter. Should either party refuse or neglect to supply
the arbiters with any papers or information demanded in writing, the arbiters are empowered
by both parties to take ex party proceedings.
The arbiters shall act'with promptness. The decision of any two shall be binding on both
parties to the contract. The decision of the arbiters upon any questions submitted to arbitration
under this contract shall be a condition precedent to any right of legal action. The decision of
the arbiter or arbiters may be filed in court to carry it into effect.
The arbiters, if they deem the case demands it, are authorized to award the party whose
contention is sustained, such sums as they deem proper for the time, expense and trouble
incident to the appeal, and if the appeal was taken without reasonable cause, they may award
damages for any delay occasioned thereby. The arbiters shall fix their own compensation
unless otherwise provided by agreement, and shall assess the cost and charges of the
arbitration upon either or both parties. The award of the arbiters must be made in writing.
7.0 Abandonment of Contract
7.01 Abandonment by Contractor
In case the Contractor should abandon and fail or refuse to resume work within ten (10) days
after written notification from the Owner, or the Engineer, or if the Contractor fails to comply
with the orders of the Engineer, when such orders are consistent with the Contract Documents,
then, and in that case, where performance and payment bonds exist, the Sureties on these
bonds shall be notified in writing and directed to complete the work, and a copy of said notice
shall be delivered to the Contractor.
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
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any materials and equipment under contract for the work, may be held for use on the work by
the Owner or the Surety on the performance bond, or another contractor in completion of the
work; and the Contractor shall not receive any rental or credit therefor (except when used in
connection with Extra Work, where credit shall be allowed as provided for under Section 6,
Extra Work and Claims), it being understood that the use of such equipment and materials will
ultimately reduce the cost to complete the work and be reflected in the final settlement.
Where there is no performance bond provided or in case the Surety should fail to commence
compliance with the notice for completion hereinbefore provided for, within ten (10) days after
service of such notice, then the Owner may provide for completion of the work in either of the
following elective manners:
(1) The Owner may thereupon employ such force of men and use such machinery,
equipment, tools, materials and supplies as said Owner may deem necessary
to complete the work and charge the expense of such labor, machinery,
equipment, tools, materials and supplies to said Contractor, and expense so
charged shall be deducted and paid by the Owner out of such moneys as may
be due, or that may thereafter at any time become due to the Contractor under
and by virtue of this Agreement. In case such expense is less than the sum
which would have been payable under this contract, if the same had been
completed by the Contractor, then said Contractor shall receive the difference.
In case such expense is greater than the sum which would have been payable
under this contract, if the same had been completed by said Contractor, then
the Contractor and/or his Surety shall pay the amount of such excess to the
Owner, or
(2) The Owner under competitive bids, taken after notice published as required by
law, may let the contract for the completion of the work under substantially the
same terms and conditions which are provided in this contract. In case there
is any increase in cost to the Owner under the new contract as compared to
what would have been the cost under this contract, such increase shall be
charged to the Contractor and the Surety shall be and remain bound therefor.
However, should the cost to complete any such contract prove to be less than
would have been the cost to complete under this contract, the Contractor and/or
his Surety shall be credited therewith.
When the work shall have been substantially completed the Contractor and his Surety shall be
so notified and Certificates of Completion and Acceptance, as provided in Paragraph 5.06
hereinabove, shall be issued. A complete itemized statement of the contract accounts, certified
to by the Engineer as being correct, shall then be prepared and delivered to the Contractor and
his Surety, whereupon the Contractor and/or his Surety, 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.
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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 maybe 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
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In case the Owner shall fail to comply with the terms of this contract, and should fail to
comply with said terms within ten (10) days after written notification by the Contractor, then
the Contractor may suspend or wholly abandon the work, and may remove therefrom all
machinery, tools and equipment, and all materials on the site of work that have not been
included in payments to the Contractor and have not been wrought into the work. And
thereupon the Engineer shall make an estimate of the total amount earned by the Contractor,
which estimate shall include the value of all work actually completed by said Contractor (at
the prices stated in the attached proposal where unit prices are used), the value of all partially
completed work at a fair and equitable price, and the amount of all Extra Work performed at
the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to
cover the cost of any provisions made by the Contractor to carry the whole work to completion
and which cannot be utilized. The Engineer shall then make a final statement of the balance
due the Contractor by deducting from the above estimate all previous payments by the Owner
and all other sums that may be retained by the Owner under the terms of this Agreement and
shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days
after the date of the notification by the Contractor the balance shown by said final statement
as due the Contractor, under the terms of this Agreement.
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8.0 Subcontractors
8.01 Award of Subcontracts for Portions of the Work
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Unless otherwise specified in the Contract Documents or in the Instructions to Bidders, the
Contractor, as soon as practicable after the award of the Contract, shall furnish to the Engineer
in writing for acceptance by the Owner and the Engineer a list of the names of the
Subcontractors proposed for the principal portions of the work. The Engineer shall promptly
notify the Contractor in writing if either the Owner or the Engineer, after due investigation,
has reasonable objection to any Subcontractor on such list and does not accept him. - Failure
of the Owner or Engineer to make objection promptly to any Subcontractor on the list shall
constitute acceptance of such Subcontractor.
The Contractor shall not contract with any Subcontractor or any person or organization
(including those who are to furnish materials or equipment fabricated to a special design)
proposed for portions of the work designated in the Contract Documents or in the Instructions
to Bidders or, if none is so designated, with any Subcontractor proposed for the principal
portions of the work who has been rejected by the Owner and the Engineer. The Contractor
will not be required to contract with any Subcontractor or person or organization against whom
he has a reasonable objection.
If the Owner or Engineer refuses to accept any Subcontractor or person or organization on a
list submitted by the Contractor in response to the requirements of the Contract Documents
or the Instructions to Bidders, the Contractor shall submit an acceptable substitute and the
Contract amount shall be increased or decreased by the difference in cost occasioned by such
substitution and an appropriate change order shall be issued; however, no increase in the
Contract amount shall be allowed for any such substitution unless the Contractor has acted
promptly and responsively in submitting for acceptance any list or lists of names as required
by the Contract Documents or the Instructions to Bidders.
If the Owner or the Engineer requires a change of any proposed Subcontractor or person or
organization previously accepted by them, the Contract amount shall be increased or decreased
by the difference in cost occasioned by such change and an appropriate Change Order shall be
issued.
The Contractor shall not make any substitution for any Subcontractor or person or organization
who has been accepted by the Owner and the Engineer, unless the substitution is acceptable
to the Owner and the Engineer.
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8.02 Subcontractual Relations
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All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate
written agreement between the Contractor and the Subcontractor (and where appropriate
between Subcontractors and Sub - subcontractors) which shall contain provisions that:
(1) preserve and protect the rights of the Owner and Engineer under the Contract
with respect to the work to be performed under the subcontract so that the
subcontracting thereof will not prejudice such rights;
(2) require that such work be performed in accordance with the requirements of the
Contract Documents;
(3)
require submission to the Contractor of the applications for payment under each
subcontract to which the Contractor is a party, in reasonable time to enable the
Contractor to apply for payment in accordance with this contract;
(4) require that all claims for additional costs, extensions of time, damages for
delays or otherwise with respect to subcontracted portions of the work shall be
submitted to the Contractor (via any Subcontractor or Sub - subcontractor where
appropriate) in sufficient time so that the Contractor may comply in the manner
provided in the Contract Documents for like claims by the Contractor upon the
Owner;
(5)
A copy of all such Subcontract Agreements shall be filed by the Contractor with the Engineer
before the Subcontractor shall be allowed to commence work.
8.03 Payments to Subcontractors
obligate each subcontractor specifically to consent to the provisions of this
section.
The Contractor shall pay each Subcontractor, upon receipt of payment from 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.
GC -35
9.0 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
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The Engineer may, on request and at his discretion, furnish to any Subcontractor, if
practicable, information regarding percentages of completion certified to the Contractor on
account of work done by such Subcontractors.
Neither the Owner nor the Engineer shall have any obligation to pay or to see to the payment
of any moneys to such Subcontractor except as may otherwise be required.
The Contractor shall afford other contractors reasonable opportunity for the introduction and
storage of their materials and equipment and the execution of their work, and shall properly
connect and coordinate his work with theirs.
If any part of the Contractor's work depends for proper execution or results upon the work of
any other separate contractor, the Contractor shall inspect and promptly report to the Engineer
any apparent discrepancies or defects in such work that render it unsuitable for such proper
execution and results. Failure of the Contractor to so inspect and report shall constitute an
acceptance of the other contractor's work as fit and proper to receive his Work, except as to
defects which may develop in the other separate contractor's work after the execution of the
Contractor's Work.
Should the Contractor cause damage to the work or property of any separate contractor on the
project, the Contractor shall, upon due notice, settle with such other contractor by agreement
or arbitration, if he will so settle. If such separate contractor sues the Owner or initiates an
arbitration proceeding on account of any damage alleged to have been so sustained, the Owner
shall notify the Contractor who shall defend such proceedings at the Contractor's expense, and
if any judgment or award against the Owner arises therefrom the Contractor shall pay or satisfy
it and shall reimburse the Owner for all attomey's fees and court or arbitration costs which the
Owner has incurred.
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9.03 Cutting and Patching under Separate Contracts
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The Contractor shall be responsible for any cutting, fitting and patching that may be required
to complete his work except as otherwise specifically provided in the Contract Documents.
The Contractor shall not endanger any work of any other contractors by cutting, excavating
or otherwise altering any work and shall not cut or alter the work of any other contractor
except with the written consent of the Engineer.
Any costs caused by defective or ill -timed work shall be borne by the party responsible
therefor.
10.0 Protection of Persons and Property
10.01 Safety Precautions and Programs
The Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the work.
10.02 Safety of Persons and Property
The Contractor shall take all reasonable precautions for the safety of, and shall provide all
reasonable protection to prevent damage, injury, or loss to:
(1) all employees on the work and all other persons who maybe 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.
GC -37
geocond.doc
All Blasting, including methods of storing and handling explosives and highly inflammable
materials, shall conform to Federal, State, Local Laws and Ordinances. All City Ordinances
shall be complied with even though some or all of the blasting is done outside the City Limits
unless the applicable Ordinance is in conflict with the law of the jurisdiction where the action
is being taken.
The following is a list of requirements in addition to Federal, State, and Local Laws and
Ordinances.
1. The Contractor shall furnish the City of Round Rock with a Certificate of
Blasting Insurance in the amount of $300,000.00 for each contract, at least
twenty -four hours prior to using explosives. A blasting permit must be
obtained from the City at least five (5) days prior to use of explosives. If
Blasting is covered under the Contractors General Insurance Certificate for
each contract, a separate blasting certificate will not be required.
2. The following public utility companies and City Department will be notified
by the Contractor, on every occasion, at least twenty-four (24) hours prior to
the use of explosives: Water and Wastewater, Electric, Gas, Telephone and the
City Engineering Department.
3. Explosive materials to be used shall be limited to blasting agents and dynamite,
unless prior approval of other materials is obtained in writing from the
Engineering Department.
4. During blasting, all reasonable precautions shall be taken to protect pedestrians,
passing vehicles, and public or private property. Blasting mats or protective
cover shall be used when required by the City Inspector, the permit, or by safe
blasting practices.
5. All explosives shall be stored in accordance with Chapter 5, Section 5.200, of
the City Code.
6. The Director of Engineering or his representative shall have the right to limit
the use of explosives and/or blasting methods which in his opinion are
dangerous to the public or nearby property of any kind.
7. The Contractor, at his expense, shall promptly repair or replace all items known
to be damaged as a result of blasting. All claims of damage shall be
investigated by the City or by Consulting Firms approved by the City.
8. The Contractor shall maintain accurate records throughout the Blasting
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10.03 Location and Protection of Utilities
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operations showing the type explosive used, number of holes, pounds per hole,
depth of hole, total pounds per shot, delays used, date and time of blast and
initials of the Inspector. The Contractor is fully responsible for all claims
resulting from his blasting operation.
All damage or loss to any property referred to in this article caused in whole or in part by the
Contractor, any Subcontractor, any Sub - subcontractor, or anyone directly or indirectly
employed by any of them, or by anyone for whose acts any of them may be liable, shall be
remedied by the Contractor, except damage or loss attributable solely to faulty Drawings or
Specifications or solely to the acts or omissions of the Owner or Engineer or anyone employed
by either of them, and not attributable in any degree to the fault or negligence of the
Contractor.
The contractor shall designate a responsible member of his organization at the site whose duty
shall be the prevention of accidents. This person shall be the Contractor's superintendent
unless otherwise designated in writing by the Contractor to the Owner and the Engineer.
Notwithstanding any other provision of this contract, the Contractor shall be solely responsible
for the location and protection of any and all public utility lines and utility customer service
lines in the work area. The Contractor shall exercise due care to locate and to mark, uncover
or otherwise protect all such lines in the construction zone and any of the Contractor's work
or storage areas. Upon request, the Owner shall provide such information as it has about the
location and grade of water, sewer, gas, and telephone and electric lines and other utilities in
the work area but such information shall not relieve or be deemed to be in satisfaction of the
Contractor's obligation hereunder, which shall be primary and nondelegable. Any such lines
damaged by the Contractor's operations shall be immediately repaired by the Contractor or he
shall cause such damage to be repaired at his expense.
GC -39
5.0 SPECIAL CONDITIONS
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1.0 INFORMATION
1.01 ENGINEER
The word "Engineer" in these Specifications shall be understood as referring to Baker -
Aicklen & Associates, Inc., 203 E. Main Street, Suite 201, Round Rock, Texas 78664,
Engineer of the Owner, or the Engineer's authorized representative to act in any particular
position for the Owner.
1.02 COPIES OF PLANS AND SPECIFICATIONS FURNISHED
The Agreement will be prepared in not less than five (5) counterpart (original signed)
sets. Owner will furnish Contractor two (2) sets of conforming Contract Documents and
Specifications and four (4) sets of Plans free of charge, and additional sets will be
obtained from the Engineer at commercial reproduction rates plus 20% for handling.
1.03 GOVERNING CODES
All construction as provided for under these Plans and Specifications shall be governed
by any existing Resolutions, Codes and Ordinances, and any subsequent amendments or
revisions thereto as set forth by the Owner.
1.04 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME
The Contractor agrees that time is of the essence for this Contract and that the definite
value of damages which would result from delay would be incapable of ascertainment
and uncertain, so that for each day of delay beyond the number days of herein agreed
upon for the completion of the work herein specified and contracted for, after due
allowance for such extension of time as is provided for under the provisions of Section
4.02 of the General Conditions, the Owner may withhold permanently from the
Contractor's total compensation, not as penalty but as liquidated damages, the sum of
$500.00 per calendar day.
1.05 LOCATION
The location of work shall be as mentioned in the Notice to Bidders and as indicated on
Plans.
1.06 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
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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.
1.07 PAY ESTIMATES
If pay estimates from the Contractor are not received by the Engineer on or before the
time specified in Section 5.04 of the General Conditions, then the pay estimate will not be
processed and will be returned to Contractor.
2.0 SPECIAL CONSIDERATIONS
2.01 CROSSING UTILITIES
Prior to commencing the work associated with this contract, it shall be the Contractor's
responsibility to make arrangements with the Owners of such utility companies to
uncover their particular utility lines or otherwise confirm their location. Certain utility
companies perform such services at their own expense, however, where such is not the
case, the Contractor will cause such work to be done at his own expense.
2.02 UTILITY SERVICES FOR CONSTRUCTION
The Contractor will be responsible for providing his own utility services while
performing the work associated with this contract. No additional payment will be made
for this item.
2.03 GUARANTEES
The Contractor warrants the materials and workmanship and that the work is in
conformance with the plans and specifications included in this contract for the period that
the Maintenance Bond, as outlined in Section 04 of the Special Conditions, is in effect.
Upon notice from Owner, the Contractor shall repair defects in all construction or
materials which develop during specified period and at no cost to Owner. Neither final
acceptance, Certificate of Completion, 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.
2.04 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
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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.
2.05 LIMIT OF FINANCIAL RESOURCES
The Owner has a limited amount of financial resources committed to this Project;
therefore, it shall be understood by all bidders that the Owner may be required to change
and/or delete any items which he may feel is necessary to accomplish all or part of the
scope of work within its limit of financial resources. Contractor shall be entitled to no
claim for damages anticipated profits on any portion of work that may be omitted. At any
time during the duration of this contract, the Owner reserves the right to omit any work
from this contract. Unit prices for all items previously approved in this contract shall be
used to delete or add work per change order.
2.06 CONSTRUCTION REVIEW
The Owner shall provide a project representative to review the quality of materials and
workmanship.
2.07 LIMITS OF WORK AND PAYMENT
It shall be the obligation of the Contractor to complete all work included in this Contract,
so authorized by the Owner, as described in the contract documents and technical
specifications. All items of work not specifically paid for in the bid proposal shall be
included in the unit price bids. Any question arising as to the limits of work shall be left
up to the interpretation of the Engineer.
2.08 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.
2.09 "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
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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.
2.10 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.
2.11 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES
Whenever existing utilities, not indicated on Plans, present obstructions to grade and
alignment of proposed improvements immediately notify engineer, who without delay,
will determine if existing utilities are to be relocated, or grade and alignment of proposed
improvements changed. Where necessary to move existing services, poles, guy wires,
pipelines, etc., as determined by the Engineer, the Contractor will make arrangements
with the owner of the utility to be moved and have it moved. The costs of any utility
relocations will be at the Contractor's sole expense. Owner will not be liable for
relocations costs or damages on account of delays due to changes made by owners of
privately owned utilities which hinder progress of the work.
2.12 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.
3.0 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
(i.e. 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.
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4.0 WARRANTY BOND
Per City of Round Rock Ordinances, a one (1) year Warranty Bond naming the City of
Round Rock as obligee will be required in the amount of one hundred (100 %) percent of
the contract price and shall be submitted prior to final payment. Such bonds shall be
from an approved surety company holding a permit from the State of Texas to act as
surety (and acceptable according to the latest list of companies holding certificates of
authority from the Security of the Treasury of the United States) or other surety or
sureties acceptable to the Owner prior to final payment.
5.0 INSURANCE
Section 3.18 of the General Conditions of the Agreement is hereby amended to include
the following:
3.18 Insurance
Contractor shall carry insurance in the following types and amounts for the duration of
this Contract, which shall include items owned by Owner in care, custody and control of
Contractor prior and during construction and warranty period, and furnish Certificates of
Insurance along with copies of policy declaration pages and all policy endorsements as
evidence thereof:
a. Statutory Worker's Compensation and minimum $100,000 Employers
Liability Insurance.
b. Commercial General Liability Insurance with minimum limits of $500,000
per occurrence and $1,000,000 Aggregate or $500,000 for this designated
project and $100,000 Fire Damage.
c. Automobile Liability Insurance for all owned, non -owned 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
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insurance. Contractor shall require similar waivers by Subcontractors and
Sub - subcontractors.
e. Owner and Contractor's Protective Policy. The Contractor shall provide
and maintain during the life of this contract and until all work under said
contract has been completed and accepted by the Owner, an Owner's and
Contractor's Protective Policy which co- insures the Owner and the
Owner's agents and employees with the same Commercial General
Liability coverage as described above, entitled "Commercial General
Liability Insurance."
When offsite storage is permitted, policy will be endorsed for transit and off site storage
in amounts sufficient to protect property being transported or stored.
This insurance shall include, as insured, City of Round Rock, Contractor, Subcontractors
and Sub - subcontractors in the work, as their respective interest may appear.
If insurance policies are not written for amount specified in b. and c. above, Contractor is
required to carry an Excess Liability Insurance Policy for any difference in amounts
specified.
Contractor shall be responsible for deductibles and self insured retentions, if any, stated in
policies. Any self insured retention shall not exceed ten percent of minimum required
limits. All 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 -6
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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.
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6.0 WAGE RATES
GENERAL DECISION TX960043 03/15/96 TX43
General Decision Number TX960043
Superseded General Decision No. TX950043
State: TEXAS
Construction Type:
HEAVY
HIGHWAY
County(ies):
BELL CORYELL TRAVIS
BEXAR GUADALUPE WILLIAMSON
BRAZOS HAYS
COMAL MCLENNAN
Heavy (excluding tunnels and dams) and Highway Construction Projects (does not include
building structures in rest area projects). *NOT TO BE USED FOR WORK ON SEWAGE OR.
WATER TREATMENT PLANTS OR LIFT/PUMP STATIONS IN BELL, CORYELL,
MCLENNAN AND WILLIAMSON COUNTIES.
Modification Number Publication Date
0 03/15/1996
COUNTY(ies):
BELL CORYELL TRAVIS
BEXAR GUADALUPE WILLIAMSON
BRAZOS HAYS
COMAL MCLENNAN
SUTX2042A 11/16/1991
Rates Fringes
AIR TOOL OPERATOR 6.500
ASPHALT HEATER OPERATOR 6.500
ASPHALT RAKER 7.011
ASPHALT SHOVELER 6.550
HATCHING PLANT WEIGHER 8.173
BATTERBOUARD SETTER 7.700
CARPENTER 9.054
CONCRETE FINISHER -PAVING 8.600
CONCRETE FINISHER- STRUCTURES 7.903
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CONCRETE RUBBER 6.740
ELECTRICIAN 13.710
FLAGGER 5.150
FORM BUILDER- STRUCTURES 8.017
FORM LINER -PAVING & CURB 7.250
FORM SETTER -PAVING & CURB 7.683
FORM SETTER - STRUCTURES 7.928
LABORER - COMMON 6.078
LABORER - UTILITY 6.852
MECHANIC 10.774
OILER 9.389
SERVICER 7.280
PAINTER - STRUCTURES 10.000
PILEDRIVER 6.600
PIPE LAYER 7.229
BLASTER 9.067
ASPHALT DISTRIBUTOR OPERATOR 7.304
ASPHALT PAVING MACHINE 7.945
BROOM OR SWEEPER OPERATOR 7.117
BULLDOZER, 150 HP & LESS 8.125
BULLDOZER, OVER 150 HP 8.593
CONCRETE PAVING CURING MACHINE 7.633
CONCRETE PAVING FINISHING MACHINE 9.067
CONCRETE PAVING GANG VIBRATOR 7.250
CONCRETE PAVING SAW 6.200
SLIPPORM MACHINE OPERATOR 8.700
CRANE, CLAMSHELL, BACKHOE,
DERRICK, DRAGLINE, SHOVEL
LESS THAN 1 1/2 C.Y. 8.427
CRANE, CLAMSHELL, BACKHOE,
DERRICK, DRAGLINE, SHOVEL
1 1/2 C.Y. & OVER 9.880
FOUNDATION DRILL OPERATOR.
CRAWLER MOUNTED 10.475
FOUNDATION DRILL OPERATOR 10.923
TRUCK MOUNTED
FRONT END LOADER 2 1/2 C.Y. & LESS 7.499
FRONT END LOADER OVER 2 %s C.Y. 8.255
HOIST - DOUBLE DRUM 10.750
MOTOR GRADER OPERATOR 9.657
PAVEMENT MARKING MACHINE 6.078
PLANER OPERATOR 7.250
ROLLER, STEEL WHEEL PLANT -MIX
PAVEMENTS 7.083
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ROLLER, STEEL WHEEL OTHER
FLATWHEEL OR TAMPING 6.403
ROLLER, PNEUMATIC, SELF PROPELLED 6.433
SCRAPER -17 C.Y. & LESS 7.245
SCRAPER -OVER 17 C.Y. 7.495
SELF PROPELLED HAMMER OPERATOR 6.078
SIDE BOOM 9.000
TRACTOR - CRAWLER TYPE 7.539
TRACTOR - PNEUMATIC 6.707
TRENCHING MACHINE 6.850
WAGON-DRILL/BORING MACHINE/POST
HOLE DRILLER OPERATOR 6.926
REINFORCING STEEL SETTER PAVING 8.158
REINFORCING STEEL SETTER
STRUCTURES 9.062
STEEL WORKER - STRUCTURAL 9.242
SIGN ERECTOR 8.640
SPREADER BOX OPERATOR 6.541
BARRICADE SERVICER WORK ZONE 6.078
MOUNTED SIGN INSTALLER PERMANENT
GROUND 6.078
TRUCK DRIVER -SINGLE AXLE LIGHT 6.493
TRUCK DRIVER -SINGLE AXLE HEAVY 6.674
TRUCK DRIVER - TANDEM AXLE SEMI-
TRAILER 6.824
TRUCK DRIVER - LOWBOY/FLOAT 8.041
TRUCK DRIVER - TRANSIT MIX 6.078
WELDER 8.824
Unlisted classifications needed for work not included, within the scope of the classifications
listed may be added after award only as provided in the labor standards contract clauses (29 CFR
5.5 (a) (1) (v)).
In the listing above, the "SU" designation means that rates listed under that identifier do not
reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions
whose rates have been determined to be prevailing.
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END OF GENERAL DECISION
7.0 INCIDENTAL CONSTRUCTION
Payment for trail system is to be based upon a dollar amount per centerline linear foot.
Concrete fillets at intersections with existing trails shall be considered incidental
construction and no separate payment shall be made.
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6.0 TECHNICAL SPECIFICATIONS
1.0 GENERAL DESCRIPTION
1.01 SCOPE OF WORK
The work covered by these Specifications consists of furnishing all labor, equipment,
appliances, materials and performing all operations in connection with the 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
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NOTE: The item number designation shown in parentheses adjacent to captions herein
is a reference to City of Austin Standard Specifications.
STREET, WATER, SEWER AND DRAINAGE IMPROVEMENTS
The current City of Austin Standard Specifications as adopted and amended by the City
of Round Rock and the current City of Austin Erosion and Sedimentation Control Manual
are hereby referred to and included in this contract as fully and to the same extent as if
copied at length herein and they shall be applied to this project except as modified in
these Specifications and on the Plans.
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.
2.0 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.
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.
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2.01.2 BACKWORK
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
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Care shall be taken to prevent spillage on streets and roads over which hauling is
done, and any such spillage or debris deposited on streets, due to the Contractor's
operations, shall be immediately removed.
The Contractor shall 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.
3.0 EXAMINATION AND REVIEW
3.01 EXAMINATION OF WORK
The work covered under this Contract shall be examined and reviewed by the Engineer,
representatives of all governmental entities which have jurisdiction, and the Owner's
authorized representative. The quality of material and the quality of installation of the
improvements shall be to the satisfaction of the Engineer. It shall be the Contractor's
responsibility for the construction methods and safety precautions in the undertaking of
this Contract.
3.02 NOTIFICATION
The Engineer and Owner must be notified a minimum of 24 -hours in advance of
beginning construction, testing, or requiring presence of the Engineer, project
representative, or Owner's representative.
3.03 CONSTRUCTION STAKING
The Engineer shall furnish the Contractor reference points and benchmarks that, in the
Engineer's opinion, provide sufficient information for the Contractor to perform
construction staking.
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3.04 PROTECTION OF STAKES, MARKS, ETC.
All engineering and surveyor's stakes, marks, property comers, etc., shall be carefully
preserved by the Contractor, and in case of destruction or removal during the course of
this project, such stakes, marks, property comers, etc., shall be replaced by the Contractor
at the Contractor's sole expense.
4.0 PROTECTION AND PRECAUTION
4.01 WORK IN FREEZING WEATHER
Portions of the work may continue as directed by the Engineer.
4.02 PROTECTION OF TREES, PLANTS AND SHRUBS
The Contractor shall take necessary precautions to preserve all existing trees, plants and
shrubs but where it is justifiable and necessary the Contractor may remove trees and
plants for construction right -of -way but only with approval of the Engineer.
4.03 TRAFFIC CONTROL MEASURES AND BARRICADES
Traffic control measures and barricades shall be installed in accordance with 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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5.0 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
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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
judgment 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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CITY OF AUSTIN
STANDARD TECHNICAL SPECIFICATIONS
The following City of Austin Standard Specifications are, by reference, incorporated into this
project as if printed in full.
Series 100 EARTHWORK
101 Preparing Right of Way
102 Clearing and Grubbing
104 Removing Concrete
110 Street Excavation
111 Excavation
120 Channel Excavation
130 Borrow
132 Embankment
Series 200 SUBGRADE & BASE CONSTRUCTION
201 Subgrade Preparation
202 Hydrated Lime and Lime Slurry
203 Lime Treatment for Materials in Place
204 Portland Cement Treatment for Materials in Place
206 Asphalt Stabilized Base (Plant Mix)
210 Flexible Base
211 Recycling Existing Aggregate
220 Sprinkling for Dust Control
230 Rolling (Flat Wheel)
232 Rolling (Pneumatic Wheel)
234 Rolling (Tamping)
236 Rolling (Proof)
281 Termite Control
SERIES 300 STREET SURFACE CONTROL
301 Asphalts, Oils and Emulsions
302 Aggregates for Surface Treatments
306 Prime Coat
307 Tack Coat
310 Emulsified Asphalt Treatment
311 Emulsified Asphalt Repaving
312 Seal Coat
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SERIES 300 STREET SURFACE CONTROL (cont.)
313 Rubber Asphalt Joint and Crack Sealant
315 Milling Asphaltic Concrete Pavement
320 Two Course Surface Treatment
340 Hot Mix Asphaltic Concrete Pavement
341 Paving Fabric
350 Heating, Scarifying and Repaving
351 Rejuvenating Agent
360 Concrete Pavement
370 Concrete Pavers
375 Concrete Pavers for Sidewalk Ramps
Series 400 CONCRETE AND STRUCTURES
401 Structural Excavation and Backfill
402 Flowable Backfill
403 Concrete for Structures
404 Pneumatically Placed Concrete
405 Concrete Admixtures
406 Reinforcing Steel
407 Fibrous Concrete
408 Concrete Joint Materials
409 Membrane Curing
410 Concrete Structures
411 Surface Finishes for Concrete
414 Concrete Retaining Walls
420 Drilled Shaft Foundations
424 Prestressed Concrete Planks
425 Prestressed Concrete Structures
430 Concrete Curb and Gutter
431 Machine Laid Curb and Gutter
432 Concrete Sidewalks
433 Concrete Driveways
434 Concrete Medians and Islands
435 Concrete Steps
436 Concrete Valley Gutters
438 Elastomeric Materials
439 Parking Lot Bumper Curb
461 Trash and Litter Coffins
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Series 500 PIPE AND APPURTENANCES
501 Jacking or Boring Pipe
502 Tunneling
503 Frames, Grates, Rings and Covers
504 Adjusting Structures
505 Encasement and Encasement Pipe
506 Manholes
507 Bulkheads
508 Miscellaneous Structures and Appurtenances
509 Trench Safety Systems
510 Pipe
511 Water Valves
551 Pipe Underdrains
558 Structural Plate Structures
559 Concrete Box Culverts
591 Riprap for Slope Protection
593 Concrete Retards
594 Gabions
Series 600 ENVIRONMENTAL ENHANCEMENT
601 Salvaging and Placing Topsoil
602 Sodding for Erosion Control
604 Seeding for Erosion Control
605 Soil Retention Blanket
606 Fertilizer
607 Slope Protection
608 Planting
610 Preservation of Trees and Other Vegetation
620 Filter Fabric
621 Diversion
622 Diversion Dike(DD)
623 Dry Stack Rock Wall (DS)
624 Earth Outlet Sediment Trap (EST)
625 Grade Stabilization Structure (GSS)
626 Grass -Lined Swale (GW)
627 Grass -Lined Swale with Stone Center (GWS)
628 Sediment Containment Dike
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Series 600 ENVIRONMENTAL ENHANCEMENT (cont.)
629 Brush Berm Barrier for Erosion Control (BB)
630 Interceptor Dike (ID)
631 Interceptor Swale (IS)
632 Storm Inlet Sediment Trap (IST)
633 Landgrading (LG)
634 Level Spreader (LS)
635 Perimeter Dike (PD)
636 Perimeter Swale (PS)
637 Pipe Slope Drain (PSD)
638 Pipe Outlet Sediment Trap (PST)
639 Rock Berm (RB)
640 Mortared Rock Wall (RW)
641 Stabilized Construction Entrance (SCE)
642 Silt Fence (SF)
643 Stone Outlet Structure (SOS)
644 Stone Outlet Sediment Trap (SST)
646 Tied Precast Revetment
Series 700 INCIDENTAL CONSTRUCTION
701 Fencing
702 Removing and Relocating Existing Fences
703 Fencing for Excavations
704 Metal Beam Guard Railing
705 Remove and Relocate Existing Metal Beam Guard Railing
706 Bridge and Culvert Railing
720 Metal for Structures
721 Steel Structures
722 Paint and Painting
723 Structural Welding
725 Survey Markers
Series 800 URBAN TRANSPORTATION
801 Construction Detours
802 Capital Improvement Project Signs
803 Signs and Traffic Handling
824 Traffic Signs
825 Street Name Signs
842 Pull Boxes
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Series 800 URBAN TRANSPORTATION (cont.)
843 Ducts
860 Pavement Marking Paint (Reflectorized)
861 Thermoplastic Pavement Markings
863 Reflectorized Pavement Markings
864 Abbreviated Pavement Markings
865 Nonreflectorized Traffic Buttons
866 Jiggle Bar Tile
867 Epoxy Adhesive
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