R-03-08-14-14E2 - 8/14/2003RESOLUTION NO. R- 03- 08- 14 -14E2
WHEREAS, the City of Round Rock has duly advertised for bids for
the Street Maintenance Program Phase I /Seal Coat -2003 Project, and
WHEREAS, JD Ramming Paving Company, Inc. has submitted the lowest
responsible bid, and
WHEREAS, the City Council wishes to accept the bid of JD Ramming
Paving Company, 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 JD Ramming Paving Company, Inc. for
the Street Maintenance Program Phase I /Seal Coat -2003 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 14th day of August, 2003.
ST:
CHRISTINE R. MARTINEZ, City Secr
® PFD , ktop\:: ODMA/ WORLDOX/ 0 : /WDOX /RESOLUTI /R30B10E3.WPD /sc
N o- W Mayor
City of Round Rock, Texas
THE CITY OF ROUND ROCK
PUBLIC WORKS DEPARTMENT
2008 Enterprise Dr.
Round Rock, Texas. 78664
(512) 218-5555
CONTRACT : STREET MAINTENANCE PROGRAM
PHASE 1 / SEALCOAT -2003
LOCATION : CITY HALL COUNCIL CHAMBERS
DATE: 7-22-2003 2:00 PM
wo course
Pavement Repair
rmop , . +c pavement
TOTAL:
ITEM
reatment
APPROX
UNIT QTY.
50(1
SY
BID TABULATION
Austin Bridge & Road
Bid Bond? Yes
UNIT
PRICE
$63.00
413 Just -a mo ci,.. cln ,4L 41.1 .b.;, of Lis.
COST
r.
1111
111 11
1 1 ITI
$31,500.00
1 Pi
-* 5109,940.00
Ramming Paving
Bid Bond? Yes
UNIT
PRICE
$65.00
1
BIDS EXTENDED AND CHECKED
BY:
DATE:
SHEET
COST
$32,500.00
596,980.00
Bid Bond?
UNIT
PRICE
1 ofl
COST
bidtablbidtab
7/22/2003
PAVEMENT REPAIR, TWO
COURSE SURFACE
TREATMENT AND PAVEMENT
STRIPING FOR CO. RD. 113
FROM FM1460 TO CO. RD. 122
1 11 •1 _-,
11
- c
,•-,, ---
.. JOSEPH tT
,, L.., .. _ , i r----'-;-■
LOU GEHRIG LN .
-
,'TY COBB F'l . t
- ' 1 --,--- 4 - '---
.•,' MIdKEY MIATLE ' w
O ' -" ' •
DATE: August 8, 2003
SUBJECT: City Council Meeting - August 14, 2003
ITEM: 14.E.2. Consider a resolution authorizing the Mayor to execute a
contract with JD Ramming Paving Company, Inc. for the
Street Maintenance Program, Phase I /Seal Coat -2003
Project.
Resource: Tom Word, Chief of P. W. Operations
Todd Keltgen, P. W. Operations Manager
History: This contract will encompass the re- surfacing of Kiphen Rd. with
a two course surface treatment.
Funding:
Cost: $96,980.00
Source of funds: General Construction Project Funds (Self Financed)
Outside Resources: JD Ramming Paving Company Inc.
Impact /Benefit: This type of surface treatment will give this road an
extended life until expansion can take place.
Public Comment: N/A
Sponsor: N/A
CITY OF ROUND ROCK
PUBLIC WORKS DEPARTMENT
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
STREET MAINTENANCE PROGRAM
PHASE 1/ SEAL COAT -2003
JULY 2003
PLANS, SPECIFICATIONS
AND CONTRACT DOCUMENTS
APP ' AVE BY
C! TTO N Y
D3- oS /z i4'EQ
�r o f Bo /�
DANIELLYNN HALWE
63225 �,u'•
'11 °" ,.
Section
1.0 Notice to Bidders NB -1
2.0 Bid Documents BD -1 — BD -8
3.0 Post Bid Documents PBD-1 — PBD -7
4.0 General Conditions GC -1 - GC-48
5.0 Special Conditions SC -1 — SC -12
6.0 Technical Specifications TS-1 — TS -15
7.0 Plans and Notes PN -1 — PN -3
tablc/apecnaster
TABLE OF CONTENTS
Description aim
1.0 NOTICE TO BIDDERS
NOTICE TO BIDDERS
Sealed bids addressed to the Purchasing Agent, City of Round Rock, 221 East Main
Street, Round Rock, Texas 78664, for furnishing all labor, material and equipment and
performing all work required for the project titled STREET MAINTENANCE PROGRAM
PHASE 1 / SEAL COAT -2003 (project includes approximately 30,000 square yards of
a 2 (two )-course Seal Coat application and associated pavement repair and (striping)
will be received until July 22.2003 at 2:00 p.m. then publicly opened and read aloud at the
City Hall Council Chambers at the same address. Bid envelopes shall state date and time
of bid and " SEALED BID- STREET MAINTENANCE PROGRAM PHASE 1 / SEAL
COAT -2003 ". 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 Department of Public
Works, 2008 Enterprise Drive, in Round Rock, Texas (512- 218 -5555) beginning July 8.,
2003 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:
Round Rock Leader
Austin American Statesman
July 7, 2003
July 14, 2003
July 21, 2003
nonce to bidde.e...pdnk
NB -1
2.0 BID DOCUMENTS
INSTRUCTIONS TO BIDDERS
1. Prior to submitting any proposal, bidders are required to read the plans, specifications,
proposal, contract and bond forms carefully; to inform themselves by their
independent research, test and investigation of the difficulties to be encountered and
judge for themselves of the accessibility of the work and all attending circumstances
affecting the cost of doing the work and the time required for its completion and
obtain all information required to make an intelligent proposal.
2. Should the bidder find discrepancies in, or omissions from the plans, specifications,
or other documents, or should he be in doubt as to their meaning, he should notify at
once the Engineer and obtain clarification or addendum prior to submitting any bid.
3. It shall be the responsibility of the bidder to see that his bid is received at the place
and time named in the Notice to Bidders. Bids received after closing time will be
returned unopened.
4. Bids shall be submitted in sealed envelopes plainly marked "Sealed Bid" and showing
the name of the project, the job number if applicable, and the opening date and time.
5. Bids shall be submitted on proposal 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
biddoc.mst/spec BD -1
thereby promoted.
9. In case of ambiguity or lack of clarity in the statement of prices in the bids, the City
of Round Rock reserves the right to consider the most favorable analysis thereof or
to reject the bid. Unreasonable (or unbalanced) prices submitted in a bid may result
in rejection of such bid or other bids.
10. Award of the contract, if awarded, will be made within sixty (60) days after opening
of the proposals, and no bidder may withdraw his proposal within said sixty (60) day
period of time unless a prior award is made.
11. Within ten (10) days after written notification of award of the contract, the successful
bidder must furnish a performance bond and a payment bond in the amount of one-
hundred percent (100%) of the total contract price. If the total contract price is less
than $25,000.00, 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
biddoc.mst/spec BD-2
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 commence work on
his subcontract until proof of all similar insurance that is required of the subcontractor
has been furnished and approved. The certificate of insurance form included in the
contract documents must be used by the Contractor's insurer to furnish proof of
insurance.
16. Any quantities given in any portion of the contract documents, including the plans,
are estimates only, and the actual amount of work required may differ somewhat from
the estimates. The basis for the payment shall be the actual amount of work done
and/or material furnished.
17. Bids shall be submitted on a separated contract basis. No Texas sales tax shall be
included in the prices bid for materials consumed or incorporated into the finished
product under this contract. This contract is issued by an organization which is
qualified for exemption pursuant to the provisions of Section 151.309(5) of the Texas
Tax Code. The City of Round Rock will issue an exemption certificate to the
Contractor. The Contractor must then issue a resale certificate to the material
supplier for materials purchased. The Contractor must have a valid sales tax permit
in order to issue a resale certificate.
In obtaining consumable materials, the Contractor will issue a resale certificate in lieu
of payment of sales tax, and the following conditions shall be observed;
1) The contract will transfer title of consumable, but not incorporate, materials
to the City of Round Rock at the time and point of receipt by the Contractor;
2) The Contractor will be paid for these consumable materials by the City of
Round Rock as soon as practicable. Payment will not be made directly but
considered subsidiary to the pertinent bid item. The Contractor's monthly
estimate will state that the estimate includes consumables that were received
during the month covered by the estimate; and
3) The designated representative of the City of Round Rock must be notified as
soon as possible of the receipt of these materials so that an inspection can be
made by the representative. Where practical, the materials will be labeled as
the property of the City of Round Rock.
biddoc.mst/spec BD -3
1
1 18. No conditional bids will be accepted.
1 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
1 2253.021(c).
1
1
1
1
1
1
1
1
1
1
1
1
biddoc.mst/spec BD
1
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
HOME OFFICES: P.O. BOX 1227 BALTIMORE, MD 21203
KNOW ALL MEN BY THESE PRESENTS:
Signed and sealed this l6'"
BID BOND
That we .1. D. Ramming Paving Co., Inc. as
Principal, (hereinafter called the "Principal"), and Colonial American Casualty and Surety Company,
of Baltimore, Maryland, a corporation duly organized under the laws of the State of Maryland, as Surety,
(hereinafter called the "Surety") are held and firmly bound unto City of Round Rock, TX as
Obligee, (hereinafter called the "Obligee "), in the sum of Five Percent of the Amount Bid
Dollars ($ 5 %_), for the payment of which sum well and truly to be made, the said Principal and the said
Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by these presents.
WHEREAS, the Principal has submitted a bid for Street Maintenance & Seal Coating
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into
a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may
be specified in the bidding or contract documents with good and sufficient surety for the faithful
performance of such contract and for the prompt payment of labor and material furnished in the
prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such
bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof
between the amount specified in said bid and such larger amount for which the Obligee may in good faith
contract with another party to perform the work covered by said bid, then this obligation shall be null and
void, otherwise to remain in full force and effect.
J. D. Ramming Paving Co., Inc.
By: 4
By:
day of July , 2003 .
Colonial American Casualty and Surety Company
Surety
By:
Atty -in -Fact
c
Frank Siddons Insurance
P.O. Box 164077 — Austin, TX 78716
512/481 -1733
c .)3 crc"-)
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
HOME OFFICES: 3910 KESWICK ROAD, BALTIMORE, MD 21211
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by PAUL C.
ROGERS, Vice President, and J. G. HAMILTON, Assistant Secretary, in pursuance of authority granted by Article VI,
Section 2, of the By -Laws of said Companies, which are set f- on the rev a side hereof and are hereby certified to be in
full force and effect on the date hereof, does hereby no consti appoint Robert C. SIDDONS, Steven B.
SIDDONS, Robert C. FRICKE, Linda EDWARDS, D J. WE , James F. SIDDONS, Tommy NELSON and
Samuel G. SIDDONS, all of Austin, Texas, EACH itp and la `� ent and Attorney -in -Fact, to make, execute, seal
and deliver, for, and on its behalf as surety, and as i . • : d deed nd all bonds and undertakings EXCEPT bonds
on behalf of Independent Executors, Communi a . r munity Guardians and the execution of such bonds
or undertakings in pursuance of these presents, as bind `fin: • n said Companies, as fully and amply, to all intents and
purposes, as if they had been duly executed an. owledg the regularly elected officers of the Company at its office
in Baltimore, Md., in their own proper • •� This er of attorney revokes that issued on behalf of Robert C.
SIDDONS, Steven B. SIDDONS, Rob •� CKE e Ann ROGERS, Linda EDWARDS, Douglas J. WEALTY,
James F. SIDDONS, and Tommy NEL ` 7• •red Nov l r 30, 2000.
The said Assistant Secretary does h certify th • -1 . • set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By -Laws of said C S •; ; es, and is force.
IN WITNESS WHEREOF, the S.'d Vice -
affixed the Corporate Seals of the said F
AMERICAN CASUALTY AND SURE
ATTEST:
written.
POA 168 - 9875
J. G. Hamilton
nt and Assistant Secretary have hereunto subscribed their names and
AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL
PANY, this 7th day of February, A.D. 2002.
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
State of Maryland
County of Harford ss:
On this 7th day of February, A.D. 2002, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came PAUL C. ROGERS, Vice President, and J. G. HAMILTON, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the
preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and
each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the
preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
By:
Assistant Secretary Paul C. Rogers
Vice President
7 A -rheua
Patricia A. Trombetti Notary Public
My Commission Expires: October 9, 2002
EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice- President, or any of the Senior
Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
EXTRACT FROM BY - LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior
Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice - Presidents, Assistant Vice - Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the original Power of Attomey
of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further
certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially
authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the respective
By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY at a meeting duly called and held on the 5th day of May, 1994.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this TCA day of ` , 21)03.
GPcP,ei�,AL
Assistant Secretary
PROPOSAL BIDDING SHEET
JOB NAME: STREET MAINTENANCE PROGRAM PHASE 1/ SEALCOAT -2003
JOB LOCATION: Round Rock, Williamson County, Texas
OWNER: City of Round Rock, Texas
DATE: JULY 22, 2003
Gentlemen:
Pursuant to the foregoing Notice to Bidders and Instructions to Bidders, the undersigned bidder
hereby proposes to do all the work, to furnish all necessary superintendence, labor, machinery, equipment,
tools, materials, insurance and miscellaneous items, to complete all the work on which he bids as provided
by the attached supplemental specifications, and as shown on the plans for the construction of STREET
MAINTENANCE PROGRAM PHASE 1/ SEAL COAT -2003 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 Ouantity Unit and Written Unit Price Price . mount
1. 30,000 S.Y. Two Course Surface Treatment,
including traffic control and temporary pavement markings
Complete in Place
Per square yard
2. 500
for O,4 dollars
and iv r. cents.
S.Y. Pavement Repair, including traffic control
Complete in place
Per square yard
for 5 ' x + 1 e dollars
and N • . cents.
biddoc.msdspec BD
$ 1 $ 5 P,5oo.0 0 .
$ oa. $ 1 Z,500. 00.
1
1
3. 23,000
1
1
1
1
1
TOTAL BASE BID (Items 1 thru 3):
' STATEMENT OF SEPARATE CHARGES:
1
1
1
1
1
1
1
1
1
1
1
L.F. Thermoplastic pavement marking (Reflectorized)
White and yellow, 4 inch in width, including traffic control
Complete in place
Per linear foot
for No dollars
and cents.
biddoc.msNspec BD -
$ 11.
$ 5,9 sa.ee .
$ 9 yg0, 00.
Materials: $ $ S, *o0. 00
All Other Charges: $ 6 / .9 O on
* Total: $ ?6 910.00,
* Note: This total must be the same amount as shown above for " Total Base Bid "
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 thirty (30)
calendar days after the date of the written Notice -to- Proceed.
The undersigned certifies that the bid prices contained in the proposal have been carefully checked and are
submitted as correct and final. The Owner reserves the right to reject any or all bids and may waive any
informalities.
Respectfully Submitted,
/L L/09 ,..
Signatur
7/ 7e7t P
.
Print Name Address
10.4:.
Sccr. -fa.y 6/z) Z5 /• 1
Title for Telephone
D. ft, C
Name of Firm
T �7
Z is* 2003
biddoc.mst/spec BD -8
/4/,
Date Secretary, if Contractor is a
Corporation
3.0 POST BID DOCUMENTS
THE STATE OF TEXAS §
hereinafter termed CONTRACTOR.
postn d.sov.peo under
AGREEMENT
COUNTY OF WILLIAMSON §
THIS AGREEMENT, made and entered into this 2 i s h day of
, 2003 , by and between (Owner) City of Round Rock, Texas of the
State of Texas, acting through Nyle Maxwell, Mayor, hereunto duly authorized so to do,
hereinafter termed OWNER, and (Contractor) 1 ^ %° ^ s .T of
A. 5h), , Tr County of �F -: s , and State of Tx
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by OWNER, and under the conditions
expressed in the bond bearing even date herewith, CONTRACTOR hereby agrees with the
said OWNER to commence and complete the construction of certain improvements described
as follows:
STREET MAINTENANCE PROGRAM PHASE 1 / SEAL COAT -2003
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
City of Round Rock, herein entitled the ENGINEER, each of which has been identified by
the CONTRACTOR'S written Proposal, the General Conditions of the Agreement, and the
Performance, Payment, and Maintenance Bonds hereof, and collectively evidence and
constitute the entire contract.
The CONTRACTOR hereby agrees to commence work within 10 calendar days after the
date written notice to do so has been given to him, and to complete the same within 30
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.
PBD -1
IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the
year and day first above written.
CITY OF ROUND ROC TE...,
(OWNER)
BY:
ATTEST:
Mayor
(The following to be executed if the Contractor is a Corporation.)
, certify that Iam the Secretary of the Corporation named
as Contractor herein; that P.-- r C Jf 4 ,s t , who signed this Contract on behalf
of the Contractor was then S < < _ + , (official title) of said Corporation, that
said Contract was duly signed for and in behalf of said Corporation, that said Corporation
by authority of its governing body, and is within the scope of its corporate powers.
Signed: K
Corporate Seal
podhidang/spro master
PBD-2
-_ 0 �7� „ .: � � P . - ( -.
(CONTRACTOR)
BY:
I y " -rI its
(Typed name)
ATTEST:0
(Title)
Secretary, if Contractor is a
Corporation or otherwise registered
with the Secretary of State
CERTIFICATE OF LIABILITY INSURANCE Date: August 21,2003
PRODUCER
Insurance Network of Texas
143 E. Austin
Giddings,Tx 78942
INSURED
J D Ramming Paving Co.,Inc.
16409 Bratton Lane
Austin,Tx 78728
PROFESSIONAL LIABILITY
DESCRIPTION OP OPERATIONS /LOCATIONSIVEFICLES /SPECIAL. ITEMS/EXCI:I.IIONS
CERTIFICATE HOLDER: City Manager
City of Round Rock
221 E. Main Street
Round Rack, Texas 78664
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COMPANIES AFFORDING COVERAGE
A Zurich North America
B St. Paul Fire & Marine
C
D
THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the
business operations hereinafter described, for the types of insurance and in accordance with the provisions of the
standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted
below.
CO TYPE OF POLICY EFFECTIVE EXPIRATION LIMITS
LTR INSURANCE NUMBER DATE DATE
A - GENERAL LIABILIr CP033904312 6/08/03 6/08/04 GENERAL AGGREGATE $ 2,000,000
PRODUCTS-COMP/OP AOG. $ 2,000.000
PERSONAL & ADV. INJURY $ 1,000,000
EACH OCCURRENCE $ 1,000,000
FIRE DAMAGE (Any one flre) $ 300.000
MED. EXPENSE (Any ono person) $ 10,000
A AUTOMOBILE LIABILITY TAP3994313 6/08/03 6/08/04 COMBINED SINGLE LIMIT $1,000,000
BODILY IVIIIRY (Per person) $
BODILY INJURY (Per acclden) $
PROPERTY DAMAGE $
B EXCESS LIABILITY QK04200049 6/08/03 6 /08/04 EACH OCCURRENCE $ 10,000,000
AGGREGATE $10,000,000
A WORKERS COMPENSATION STATUTORY LIMITS $
AND EMPLOYERS' LIABILITY EACH ACCIDENT $1,000,000
WC3994311 6 /0B/03 6/00/04 DISEASE - POLICY LI 1T $ 1,000,000
DISEASE - EACH EMPLOYEE $ 1,000,000
The City of Round Rock is named as additional insured with respect to all policies except 'Workers' Compensation and Employers' Liability'
and 'Professional Liability'. Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing
company will mail thirty (30) days written notice to the certificate holder named below.
SIGNATURE OF AUTHORIZED REPRESENTATIVE
Type. Name: 'f, tsche
Title: CEO
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Bond #PRF08624088 PERFORMANCE BOND
THE STA.TE OF TEX4S
COUNTY OF WTLLIAMSON
J.D. RAMMING
KNOW ALL MEN BYTHESE PRESENTS That PAVING CO., INC. ofthe
City of AUSTIN , County of TRAVIS and State of
TEXAS , as Principal, and C. A.C.S. C. authorized under the law
of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto
THE CITY OF ROUND ROCK, TEXAS, (Owner), in the penal suns of NINETY SIX
THOU SAND, NINE HUNDRED E &NO /10t aollars ($96,980.00 ) for the payrnenl:
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 21ST day of AUGUST , 2003 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:
coetbid,, U pc, mencr
STREET MAINTENANCE PROGRAM PHASE 1 / SEAL COAT -2003
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the
said Principal shall faithfully perform said Contract and shall, in all respects, duly and
faithfully observe and perform all and singular the covenants, conditions and agreements in
and by said Contract, agreed and covenanted by the Principal to be observed and performed,
including but not limited to, the repair of any and all defects in said work occasioned by and
resulting from defects in materials furnished by or workmanship of the Principal in
performing the work covered by said Contract and occurring within a period of twelve (12)
months from the date of the contract Completion Certificate and all other covenants and
conditions, according to the true intent and meaning of said Contract and the Plans and
Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full
force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter
2253, Texas Government code, as amended, and all liabilities on this bond shall be
determined in accordance with the provisions of said Chapter 2253 to the same extent as if
it were copied at length herein.
PBD -3
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1 i PERFORMANCE BOND (continued)
1 1 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 anyway 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 21ST day o f AUGUST
2003.
J.D.RAMMING PAVING CO., INC. COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
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Principal
By:
SECRETARY
Title
16409 BRATTON LANE 12222 MERIT DRIVE, STE 900
Address
AUSTIN, TX 78728 DALLAS, TX 75251 3200
Resident Agent of Surety:
ROBERT C. SIDDONS
Printed Name
P.O. BOX 164077
Address
AUSTIN, TX 78716
po+li4mNepm muin
PBD-4
ATTY -IN -FACT
Title
Address
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
HOME OFFICES: 3910 KESWICK ROAD, BALTIMORE, MD 21211
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by PAUL C.
ROGERS, Vice President, and J. G. HAMILTON, Assistant Secretary, in pursuance of authority granted by Article VI,
Section 2, of the By -Laws of said Companies, which are set f on the rev se side hereof and are hereby certified to be in
full force and effect on the date hereof, does hereby no consti :: t.e• appoint Robert C. SIDDONS, Steven B.
SIDDONS, Robert C. FRICKE, Linda EDWARDS, r J. W James F. SIDDONS, Tommy NELSON and
Samuel G. SIDDONS, all of Austin, Texas, EACH ' {~ and la gent and Attorney -in -Fact, to make, execute, seal
and deliver, for, and on its behalf as surety, and as i� : d deed . nd all bonds and undertakings EXCEPT bonds
on behalf of Independent Executors, Commun ivors a munity Guardians and the execution of such bonds
or undertakings in pursuance of these presents, s ` as bind' : n said Companies, as fully and amply, to all intents and
purposes, as if they had been duly executed an owledg e regularly elected officers of the Company at its office
in Baltimore, Md., in their own proper j s. This er of attorney revokes that issued on behalf of Robert C.
SIDDONS, Steven B. SIDDONS, Ro.►" CKE $e Ann ROGERS, Linda EDWARDS, Douglas J. WEALTY,
James F. SIDDONS, and Tommy NEL ted Novr!¢t:r 30, 2000.
The said Assistant Secretary does h certify th
Section 2, of the By -Laws of said C es, and is
IN WITNESS WHEREOF, the • td Vice -'
affixed the Corporate Seals of the said Fl F, .1
AMERICAN CASUALTY AND SURE e
V O
ATTEST:
POA -F 168 -9875
.1*
R r
tract set forth on the reverse side hereof is a true copy of Article VI,
force.
ent and Assistant Secretary have hereunto subscribed their names and
AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL
PANY, this 7th day of February, A.D. 2002.
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
By:
J. G. Hamilton Assistant Secretary Paul C. Rogers
State of Maryland
County of Harford ss:
On this 7th day of February, A.D. 2002, before the subscriber, a Notary Public of the State of Maryland, duly
conunissioned and qualified, came PAUL C. ROGERS, Vice President, and J. G. HAMILTON, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the
preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and
each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the
preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
Vice President
Patricia A. Trombetti Notary Public
My Commission Expires: October 9, 2002
EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior
Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice - Presidents, Assistant Vice - Presidents and Attomeys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
EXTRACT FROM BY - LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior
Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the original Power of Attorney
of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further
certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially
authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the respective
By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY at a meeting duly called and held on the 5th day of May, 1994.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
Assistant Secretary
BOND #PRF08624088
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
p Mb�d rtn J pco m,,tcr
PAYMENT BOND
KNOW ALL MEN BYT'.HESJ; PRESENTS: That PAVINGA 0. , INC.
City of AUSTIN T RAVIS _ , Of the
County of . and State of
TEXAS as Principal., and C. A. C. S • C • authorized under the laws of the
State of Texas to act as Surety on Bonds for Principals, are held and firmly bound unto THE
CITY OF ROUND ROCK, (OWNER), and all subcontractors, workers, laborers,
mechanics and suppliers as their interest may appear, all of whom shall have the right to sue
upon this bond, in the penal stun of NINETY SIX THOUSAND, NINE HUNDRED EIGHTY
& No /loo Dollars (S 96,980.00 ) 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, l y these
presents:
WHEREAS, the Principal has entered into a certain written contract with the Owner, dated
th 21ST day of AUGUST , 2003, to which Contract is
hereby referred to and made a part hereof as fully and to the same extent as if copied at
length herein consisting of:
STREET MAINTENANCE PROGRAM PHASE 1 / SEAL COAT -200:
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 Chaptcr 2253 to the same ext.cnt as if
it were copied at length herein.
PBD -5
PAYMENT BOND (continued)
Surety, for value received, stipulates and agrees that no change, extension of time, alteration
or addition to the teens of the contract, or to the work performed thereunder, or the plans,
specifications or drawings accompanying the same shall in anyway 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.
II�r WITNESS WHEREOF, the said Principal and Surety have signed and scaled this
Instrument this 21ST day of AUGUST , 2003.
J.D.RAMMING PAVING CO., INC.
Principal
By:
Title
SECRETARY
16409 BRATTON LANE
Address
AUSTIN, TX 78728
Resident Agent of Surety:
ROBERT C SIDDONS
Printed Name
P.O. BOX 164077
Address
AUSTIN, TX 78716
City, Sta i, Code
Signature
ixwarid.mAtiftpcs ma,«r
PBD -6
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
ATTY -IN -FACT
Title
12222 MERIT DRIVE, STE 900
Address
DALLAS, TX 75251 3200
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
HOME OFFICES: 3910 KESWICK ROAD, BALTIMORE, MD 21211
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by PAUL C.
ROGERS, Vice President, and J. G. HAMILTON, Assistant Secretary, in pursuance of authority granted by Article VI,
Section 2, of the By -Laws of said Companies, which are set f on the rev - se side hereof and are hereby certified to be in
full force and effect on the date hereof, does hereby no consti i. appoint Robert C. SIDDONS, Steven B.
SIDDONS, Robert C. FRICKE, Linda EDWARDS, D J. WE - n;•, James F. SIDDONS, Tommy NELSON and
Samuel G. SIDDONS, all of Austin, Texas, EACH ' __ - and la ent and Attorney -in -Fact, to make, execute, seal
and deliver, for, and on its behalf as surety, and as i .i d deed 1 nd all bonds and undertakings EXCEPT bonds
on behalf of Independent Executors, Communi ivors a munity Guardians and the execution of such bonds
or undertakings in pursuance of these presents, s F� as bind' . n said Companies, as fully and amply, to all intents and
purposes, as if they had been duly executed an + owledg't` • the regularly elected officers of the Company at its office
in Baltimore, Md., in their own proper s. This er of attorney revokes that issued on behalf of Robert C.
SIDDONS, Steven B. SIDDONS, Robe ' CKE e Ann ROGERS, Linda EDWARDS, Douglas J. WEALTY,
James F. SIDDONS, and Tommy NEL ated Nov 8r 30, 2000.
The said Assistant Secretary does h certify
Section 2, of the By -Laws of said es, and
IN WITNESS WHEREOF, the id Vice
affixed the Corporate Seals of the said FI
AMERICAN CASUALTY AND SURE
ATTEST:
POA - F 168 - 9875
theSa set forth on the reverse side hereof is a true copy of Article VI,
is force.
ent and Assistant Secretary have hereunto subscribed their names and
AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL
PANY, this 7th day of February, A.D. 2002.
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
By:
J. G. Hamilton Assistant Secretary Paul C. Rogers
State of Maryland
County of Harford ss:
On this 7th day of February, A.D. 2002, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came PAUL C. ROGERS, Vice President, and J. G. HAMILTON, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the
preceding instrument, and they each acknowledged the execution of the same, and being by me duly swom, severally and
each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the
preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
Vice President
artwecel- U •
Patricia A. Trombetti Notary Public
My Commission Expires: October 9, 2002
EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior
Vice- Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice - Presidents, Assistant Vice - Presidents and Attomeys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
EXTRACT FROM BY - LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior
Vice- Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the original Power of Attorney
of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further
certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially
authorized by the Board of Directors to appoint any Attomey -in -Fact as provided in Article VI, Section 2, of the respective
By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY at a meeting duly called and held on the 5th day of May, 1994.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 2 k day of
CERTIFICATE
Assistant Secretary
Fidelity and Deposit Company of Maryland
To obtain information or make a complaint:
Home Office: P.O. Box 1227, Baltimore, MD 21203-1227
IMPORTANT NOTICE
You may call the Fidelity and Deposit Company of Maryland, Colonial American Casualty and
Surety Company, and/or Zurich American Insurance Company's toll -free telephone number for
information or to make a complaint at:
1- 800 - 654 -5155
You may contact the Texas Department of Insurance to obtain information on companies,
coverages, rights, or complaints at:
1- 800 - 252 -3439
You may write the Texas Department of Insurance:
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning the premium or
about a claim, you should first contact Fidelity and Deposit Company of Maryland or Colonial
American Casualty and Surety Company. If the dispute is not resolved, you may contact the Texas
Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does
not become a part or condition of the attached document.
S8543f(TX) (08/01)
P.O. Box 149104
Austin, TX 78714 -9104
FAX # (512) 475 -1771
ZURICH
THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND
We are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of
2002. No action is required on your part.
Disclosure of Terrorism Premium
The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is
$ waived . This amount is reflected in the total premium for this bond.
Disclosure of Availability of Coverage for Terrorism Losses
As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses
resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ
materially as those for losses arising from events other than acts of terrorism.
Disclosure of Federal Share of Insurance Company's Terrorism Losses
The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will
share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company
has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of
direct eamed premium in the prior year for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of
direct earned premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal
share of an insurance company's losses above its deductible is 90 %. hi the event the United States government
participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge
from policyholders. The Act does not currently provide for insurance industry or United States government
participation in terrorism losses that exceed $100 billion in any one calendar year.
Definition of Act of Terrorism
Copyright Zurich American Insurance Company 2003
The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the
Treasury, in concurrence with the Secretary of State and the Attorney General of the United States:
1. to be an act of terrorism;
2. to be a violent act or an act that is dangerous to human life, property or infrastructure;
3. to have resulted in damage within the United States, or outside of the United States in the case of an air
carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a
vessel based principally in the United States, on which United States income tax is paid and whose insurance
coverage is subject to regulation in the United States), or the premises of a United States mission; and
4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign
interest as part of an effort to coerce the civilian population of the United States or to influence the policy or
affect the conduct of the United States Government by coercion.
But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a
war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting
from the act, in the aggregate, do not exceed $5,000,000.
These disclosures are informational only and do not modify your bond or affect your rights under the bond.
- 0050749.doc
4.0 GENERAL CONDITIONS
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1 General Conditions of Agreement
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Contents
1. Definition of Terms
1.01 - City, Contractor and Engineer
1.02 - Contract Documents
1.03 - Subcontractor
1.04 - Sub - Subcontractor
1.05 - Written Notice
1.06 - Work
1.07 - Extra Work
1.08 - Working Day
1.09 - Calendar Day
1.10 - Substantially Completed
2. Responsibilities of the Engineer and the Contractor
2.01 - City- 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
gencond.msVepx nester
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1 4. Prosecution and Progress
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5. Measurement and Payment
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3. General Obligations and Responsibilities
3.01 - Keeping 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 Inventions
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
3.23 - Right to Audit
4.01 - Time and Order of Completion
4.02 - Extension of Time
4.03 - Hindrances and Delays
5.01 - Quantities and Measurements
5.02 - Estimated Quantities
5.03 - Price of Work
5.04 - Partial Payments
5.05 - Use of Completed Portions
5.06 - Final Completion and Acceptance
5.07 - Final Payment
5.08 - Payments Withheld
5.09 - Delayed Payments
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1 10. Protection of Persons and Property
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6. Extra Work and Claims
6.01 - Change Orders
6.02 - Minor Changes
6.03 - Extra Work
6.04 - Maximum Markup for Self - Performed Work
6.05 - Maximum Markup for Lower Tier Contractors
6.06 - Unit Price Proposals
6.07 - Cost Plus Proposals
6.08 - Accurate Pricing Information
6.09 - Right to Verify Information
6.10 - Pricing Information Requirements
6.11 - Time of Filing Claims
6.12 - Continuing Performance
7. Abandonment of Contract
7.01 - Abandonment by Contractor
7.02 - Abandonment by City
8. Subcontractors
8.01 - Award of Subcontracts for Portions of Work
8.02 - Subcontractual Relations
8.03 - Payments to Subcontractors
9. Separate Contracts
9.01 - City's Right to Award Separate Contracts
9.02 - Mutual Responsibility of Contractors
9.03 - Cutting and Patching Under Separate Contracts
10.01 - Safety Precautions and Programs
10.02 - Safety of Persons and Property
10.03 - Location and Protection of Utilities
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11. Termination
11.01 - Termination by City for Cause
11.02 - Tennination for Convenience
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GC- 4 Revised -2002
1. Definition of Terms
1.01 City, Contractor and Engineer
The City, the Contractor, and the Engineer and those persons or organizations
identified as such in the Agreement are referred to throughout the Contract
Documents as if singular in number and masculine in gender. The term
"Engineer" means the Engineer or his duly authorized representative. The
Engineer shall be understood to be the Engineer of the City, and nothing
contained in the Contract Documents shall create any contractual or agency
relationship between the Engineer and the Contractor.
1.02 Contract Documents
The Contract Documents shall consist of the Notice to Contractors, Instructions to
Bidders, Proposal, Signed Agreement, Performance and Payment Bonds (when
required), Special Bonds (when required), General Conditions of the Agreement,
Construction Specifications, Plans and all modifications thereof incorporated in
any such documents before the execution of the agreement.
The Contract Documents are complementary, and what is called for by any one
shall be as binding as if called for by all. In case of conflict between any of the
Contract Documents, priority of interpretation shall be in the following order:
Signed Agreement, Performance and Payment Bonds, Special Bonds (if any),
Proposal, Special Conditions of Agreement, Notice to Contractors, Technical
Specifications, Plans and General Conditions of Agreement.
1.03 Subcontractor
1.04 Sub - Subcontractor
The term "Sub- Subcontractor" applies to one who has a direct or indirect contract
with a Subcontractor to perform any of the work at the site. It includes one who
furnishes material worked to a special design according to the plans or
specifications of this work, but does not include one who merely furnishes
material not so worked.
The term "Subcontractor," as employed herein, applies only to one who has a
direct contract with the Contractor. It includes one who furnishes material worked
to special design according to the plans or specifications of this work, but does
not include one who merely furnishes material not so worked.
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General Conditions of Agreement
GC - 5 Revised -2002
1.05 Written Notice
1.06 Work
Written notice shall be deemed to have been duly served if delivered in person to
the individual or to an officer of the corporation for whom it is intended, or if
delivered to or sent by registered mail to the last business address known to him
who gives the notice.
The Contractor shall provide and pay for all materials, machinery, equipment,
tools, superintendence, labor, services, insurance, and all water, light, power, fuel,
transportation and other facilities necessary for the execution and completion of
the work covered by the Contract Documents. Unless otherwise specified, all
materials shall be new, and both workmanship and materials shall be of a good
quality. The Contractor shall, if required, furnish satisfactory evidence as to the
kind and quality of materials. Materials or work described in words that when so
applied, have a well -known technical or trade meaning shall be held to refer to
such recognized standards.
1.07 Extra Work
The teen "Extra Work" shall be understood to mean and include all work that
may be required by the Engineer or the City 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 herein under "Changes and Alterations."
1.08 Working Day
The term "Working Day" is defined as any day not including Saturdays, Sundays
or any legal holidays, in which weather or other conditions, not under the control
of the Contractor, will permit construction of the principal units of the work for a
period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m.
1.09 Calendar Day
The term "Calendar Day" is defined as any day of the week or month, no days
being excepted.
1.10 Substantially Completed
The term "Substantially Completed" shall be understood to mean that the
structure has been made suitable for use or occupancy, or that the facility is in
condition to serve its intended purpose, but still may require minor miscellaneous
work and adjustment.
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GC- 6 Revised -2002
2. Responsibilities of the Engineer and the Contractor
2.01 City- Engineer Relationship
The Engineer will be the City's representative during construction. The duties,
responsibilities and limitations of authority of the Engineer as the City's
representative during construction are as set forth in the Contract Documents and
shall not be extended or limited without written consent of the City and the
Engineer. The Engineer will advise and consult with the City, and all of the City's
instructions to the Contractor shall be issued through the Engineer.
2.02 Professional Inspection by Engineer
The Engineer shall make periodic visits to the site to familiarize himself with the
progress of the executed work and to determine if such work meets the essential
performance and design features and the technical and functional engineering
requirements of the Contract Documents, provided and except, however, that the
Engineer shall not be responsible for making any detailed, exhaustive,
comprehensive or continuous on -site inspections of the quality or quantity of the
work or be responsible, directly or indirectly, for the construction means,
methods, techniques, sequences, quality, procedures, programs, safety precautions
or lack of same incident thereto or in connection therewith. Notwithstanding any
other provision of this agreement or any other Contract Document, the Engineer
shall not be responsible or liable for any acts, errors, omissions or negligence of
the Contractor, any Subcontractor or any of the Contractor's or Subcontractor's
agents, servants or employees, or any other person, firm or corporation
performing or attempting to perform any of the work.
2.03 Payments for Work
The Engineer shall review the Contractor's applications for payment and
supporting data, determine the amount owed to the Contractor and recommend, in
writing, payment to the Contractor in such amounts; such recommendation of
payment to the Contractor constitutes a representation to the City of the
Engineer's professional judgment that the work has progressed to the point
indicated to the best of his knowledge, information and belief, but such
recommendation of an application for payment to the Contractor shall not be
deemed as a representation by the Engineer that the Engineer has made any
examination to determine how or for what purpose the Contractor has used the
monies paid on account of the contract price.
2.04 Initial Determinations
The Engineer initially shall determine all claims, disputes and other matters in
question between the Contractor and the City relating to execution or progress of
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the work or interpretation of the Contract Documents. The Engineer's decision
shall be rendered in writing within a reasonable time, which shall not be construed
to be less than ten (10) days.
2.05 Objections
In the event the Engineer renders any decision that, in the opinion of either party
hereto, is not in accordance with the meaning and intent of this contract, either
party may file with the Engineer within thirty (30) days his written objection to
the decision, and by such action may reserve the right to submit the question so
raised to litigation as hereinafter provided.
2.06 Lines, Grades and Construction Staking
The Contractor shall establish and be responsible for the correctness of alignment,
elevation and position of all construction required by the contract. The Contractor
shall determine all lines and grades, and shall provide all construction staking. As
a minimum, construction stakes shall be placed at intervals of 100 feet. In the
event that the Contractor is unable to construct an item of work to the tolerance
allowed in the specifications with construction stakes at 100 foot intervals, then
staking shall be placed at closer intervals as approved by the Engineer. The
Contractor shall provide a qualified and experienced work force and all materials
required for performing staking and determining lines and grades.
The Engineer shall famish the Contractor benchmarks and/or control points at
intervals not to exceed 1,500 feet for determining lines and grades. Any
benchmark or control point established by the Engineer shall be carefully
preserved by the Contractor and if, in the opinion of the Engineer, any such
benchmarks or control points are carelessly or willfully destroyed or disturbed by
the Contractor, they shall be replaced by the Contractor at his sole expense or the
cost of replacement will be charged against the Contractor and deducted from any
moneys due or to become due the Contractor.
The Contractor shall keep the Engineer informed a reasonable time in advance of
the time and place he intends to work. The Engineer may, at his option, make
spot or complete checks on all construction alignment and grades to determine the
accuracy of the Contractor's survey work, work in progress, or completed work.
Such checks, however, will not relieve the Contractor of his responsibility of
constructing the work to the positions and elevations as shown on the plans.
No direct payment will be made for this work, but the cost of all labor, equipment
and supplies necessary to perform the work shall be considered subsidiary to the
various bid items of the contract.
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GC- 8 Revised -2002
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 City and the Engineer being interested only in the
result obtained and conformity of such completed improvements to the plans,
specifications and contract.
Likewise, the Contractor shall be solely responsible for the safety of himself, his
employees and other persons, as well as for the protection and safety of the
improvements being erected and the property of himself or any other person, as a
result of his operations hereunder. Engineering construction drawings and
specifications, as well as any additional information concerning the work to be
performed passing from or through the Engineer, shall not be interpreted as
requiring or allowing the Contractor to deviate from the plans and specifications.
The intent of such drawings, specifications and any other such information shall
be to define the specificity of the work the Contractor is to perform. The
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 progress, or any visit or observation during construction,
or any clarification of plans and specifications, by the Engineer or the City, or any
agent, employee or representative of either of them, whether through personal
observation on the project site or by means of approval of shop drawings for
temporary construction or construction processes, or by other means or methods,
is agreed by the Contractor to be for the purpose of observing the extent and
nature of work completed or being performed, as measured against the drawings
and specifications constituting the contract, or for the purpose of enabling the
Contractor to more fully understand the plans and specifications so that the
completed construction work will conform thereto, and shall in no way relieve the
Contractor from full and complete responsibility for the proper performance of his
work on the project, including but not limited to the propriety of means and
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methods of the Contractor in performing said contract, and the adequacy of any
designs, plans or other facilities for accomplishing such performance. Deviation
by the Contractor from plans and specifications that may have been in evidence
during any such visitation or observation by the Engineer, or any of his
representatives, whether called to the Contractor's attention or not, shall in no way
relieve the Contractor from his responsibility to complete all work in accordance
with said plans and specifications.
2.08 Contractor's Understanding
It is understood and agreed that the Contractor has, by careful examination,
satisfied himself as to the nature and location of the work, the conformation of the
ground, the character, quality and quantity of the materials to be encountered, the
character of equipment and facilities needed preliminary to and during the
prosecution of the work, the general and local conditions, and all other matters
that can in any way affect the work under this contract. The Contractor agrees that
he will make no claim against the City or the Engineer if, in the prosecution of the
work, he finds that the actual site or subsurface conditions encountered do not
conform to those indicated by excavation, test excavation, test procedures,
borings, explorations or other subsurface excavations. No verbal agreement or
conversation with any officer, agent or employee of the City or the Engineer
either before or after the execution of this contract shall affect or modify any of
the terms or obligations herein contained.
2.09 Character of Workers
The Contractor agrees to employ only orderly and competent workers, skillful in
the performance of the type of work required under this contract, to do the work;
and agrees that whenever the Engineer shall inform him in writing that any
workers on the work are, in his opinion, incompetent, unfaithful or disorderly, or
refuse instructions from the Engineer in the absence of the Superintendent, such
worker shall be discharged from the work and shall not again be employed on the
work without the Engineer's written consent. Any Contractor for work on this
project may employ no illegal alien, 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.
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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 from responsibility for errors of any sort in shop drawings or
schedules. It shall be the Contractor's responsibility to fully and completely
review all shop drawings to ascertain their effect on his ability to perform the
required contract work in accordance with the plans and specifications and within
the contract time.
Such review by the Engineer shall be for the sole purpose of determining the
general conformity of said shop drawings or schedules to result in finished
improvements in conformity with the plans and specifications, and shall not
relieve the Contractor of his duty as an independent contractor as previously set
forth, it being expressly understood and agreed that the Engineer does not assume
any duty to pass upon the propriety or adequacy of such drawings or schedules, or
any means or methods reflected thereby, in relation to the safety of either person
or property during the Contractor's performance hereunder.
2.13 Preliminary Approval
The Engineer shall not have the power to waive the obligations of this contract for
the furnishing by the Contractor of good material, and of his performing good
work as herein described, and in full accordance with the plans and specifications.
No failure or omission of the Engineer to discover, object to or condemn any
defective work or material shall release the Contractor from the obligations to
fully and properly perform the contract, including without limitation, the
obligation to at once tear out, remove and properly replace any defective work or
material at any time prior to final acceptance upon the discovery of said defective
work or material; provided, however, that the Engineer shall, upon request of the
Contractor, inspect and accept or reject any material furnished, and in the event
the material has been once accepted by the Engineer, such acceptance shall be
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binding on the City unless it can be clearly shown that such material furnished
does not meet the specifications for this work.
Any questioned work may be ordered taken up or removed for re- examination by
the Engineer, prior to final acceptance, and if found not in accordance with the
plans and/or specifications for said work, all expense of removing, re- examination
and replacement shall be bome by the Contractor. Otherwise, the expense thus
incurred shall be allowed as Extra Work and shall be paid for by the City;
provided that, where inspection or approval is specifically required by the
specifications prior to performance of certain work, should the Contractor proceed
with such work without requesting prior inspection or approval he shall bear all
expense of taking up, removing, and replacing this work if so directed by the
Engineer.
2.14 Defects and Their Remedies
It is further agreed that if the work or any part thereof, or any material brought on
the site of the work for use in the work or selected for the same, shall be deemed
by the Engineer as unsuitable or not in conformity with the plans, specifications,
or the intent thereof, the Contractor shall, after receipt of written notice thereof
from the Engineer, forthwith remove such material and rebuild or otherwise
remedy such work so that it shall be in full accordance with this contract.
2.15 Changes and Alterations
The Contractor further agrees that the City may make such changes and
alterations as the City may see fit in the line, grade, form, dimensions, plans or
materials for the work herein contemplated, or any part thereof, either before or
after the beginning of the construction, without affecting the validity of this
contract and the accompanying performance and payment Bonds.
If such changes or alterations diminish the quantity of the work to be done, they
shall not constitute the basis for a claim for damages or anticipated profits on the
work that may be dispensed with, except as provided for unit price items under
Section 5 "Measurement and Payment. If the amount of work is increased, and
the work can fairly be classified under the specifications, such increase shall be
paid for according to the quantity actually done and at the unit price, if any
established for such work under this contract, except as provided for unit price
items under Section 5 "Measurement and Payment." Otherwise, such additional
work shall be paid for as provided under Extra Work. In the event the City makes
such changes or alterations as shall make useless any work already done or
material already furnished or used in said work, then the City shall compensate
the Contractor for any material or labor so used, and for any actual loss
occasioned by such change, due to actual expense incurred in preparation for the
work as originally planned.
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2.16 Inspectors
The Engineer may provide one (or more) field inspectors at the work site for the
limited purpose of observing the work in progress and reporting back to the
Engineer on the extent, nature, manner and performance of the work so that the
Engineer may more effectively perform his duties hereunder. Such inspectors
may also communicate between the Engineer and the Contractor their respective
reports, opinions, questions, answers and clarifications concerning the plans,
specifications and work, but shall not be deemed the agent of the Contractor for
all purposes in communicating such matters.
Such inspectors may confer with the Contractor or the Contractor's
Superintendent concerning the prosecution of the work and its conformity with
the plans and specifications, but shall never be, in whole or part, iesponsible for
or charged with, nor shall he assume any authority or responsibility for the means,
methods or manner of completing the work or of the superintendence of the work
or of the Contractor's employees. It is expressly understood and agreed that any
such inspector is not authorized by the Engineer or the City to independently act
for either or to answer on behalf of either, any inquiries of the Contractor
concerning the plans, specifications or work. No inspector's opinion, advice,
interpretation of the plans or specifications of this contract, apparent or express
approval of the means or methods or manner of the Contractor's performance of
work in progress or completed, or discovery or failure to discover or object to
defective work of materials shall release the Contractor from his duty to complete
all work in strict accordance with the plans and specifications or stop the City or
the Engineer from requiring that all work be fully and properly performed and, if
necessary, that defective or otherwise unacceptable work be removed and such
work redone.
3. General Obligations and Responsibilities
3.01 Keeping 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
No drawings, specifications or copies furnished by the Engineer shall be reused
on other work, and, with the exception of the signed contract sets, are to be
returned to the Engineer, on request, at the completion of the work. All models
are the property of the City.
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3.03 Adequacy of Design
It is understood that the City believes it has employed competent engineers and
designers. It is therefore agreed that the City shall be responsible for the
adequacy of the design, sufficiency of the Contract Documents, the safety of the
structure and the practicability of the operations of the completed project provided
that the Contractor has complied with the requirements of the said Contract
Documents, all approved modifications thereof, and additions and alterations
thereto approved in writing by the City. The burden of proof of such compliance
shall be upon the Contractor to show that he has complied with the said
requirements of the Contract Documents, approved modifications thereof and all
approved additions and alterations thereto.
3.04 Right of Entry
The City reserves the right to enter the property or location at which the work
herein contracted for is to be constructed or installed, by such agent or agents as
he may elect, for the purpose of inspecting the work or for the purpose of
constructing or installing such collateral work as the City may desire.
3.05 Collateral Contracts
The City agrees to provide, by separate contract or otherwise, all labor and
material essential to the completion of the work specifically excluded from this
contract, in such manner so as not to unreasonably delay the progress of the work
or damage the Contractor, except where such delays are specifically mentioned
elsewhere in the Contract Documents. The City 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 that may
result from their acts or omissions.
3.06 Discrepancies and Omissions
The Contractor shall provide written notice to the Engineer of any omissions or
discrepancies found in the contract. It is further agreed that it is the intent of this
contract that all work must be done and all material must be furnished in
accordance with generally accepted practices for construction. In the event of any
discrepancies between the separate Contract Documents, the priority of
interpretation defined under "Contract Documents" shall govern. In the event that
there is still any doubt as to the meaning and intent of any portion of the contract,
specifications or drawings, the Engineer shall define what is intended to apply to
the work.
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3.07 Equipment, Materials and Construction Plant
The Contractor shall be responsible for the care, preservation, conservation and
protection of all materials, supplies, machinery, equipment, tools, apparatus,
accessories, facilities, all means of construction, and any and all parts of the work,
whether the Contractor has been paid, partially paid, or not paid for such work,
until the entire work is completed and accepted.
3.08 Damages
In the event the Contractor is damaged in the course of completion of the work by
the act, negligence, omission, mistake or default of the City or the Engineer,
thereby causing loss to the Contractor, the City agrees that he will reimburse the
Contractor for such loss. In the event the City is damaged in the course of the
work by the act, negligence, omission, mistake or default of the Contractor, or
should the Contractor unreasonably delay the progress of the work being done by
others on the job so as to cause loss for which the City becomes liable, then the
Contractor shall reimburse the City 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 inunediately notify the City and the Engineer of the
event and shall be responsible for recording the location of the event and the
circumstances surrounding the event through photographs, interviewing
witnesses, obtaining of medical reports and other documentation that defines the
event. Copies of such documentation shall be provided to the City 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, on standard forms
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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. It is agreed that the contract shall not be in effect until such
performance and payment bonds are furnished and approved by the City.
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 the City will make no extra payment for such bonds.
Unless otherwise approved in writing by the City, the surety company
underwriting the bonds shall be licensed to write such bonds in the State of Texas.
3.11 Losses from Natural Causes
Unless otherwise specified, all loss or damage to the Contractor arising out of the
nature of the work to be done, or from the action of the elements, or from any
unforeseen circumstance in the prosecution of the same, or from unusual
obstructions or difficulties which may be encountered in the prosecution of the
work, shall be sustained and borne by the Contractor at his own cost and expense.
3.12 Protection of Adjoining Property
The said Contractor shall take proper means to protect the adjacent or adjoining
property or properties, in any way encountered, which might be injured or
seriously affected by any process of construction to be undertaken under this
agreement, from any damage or injury by reason of said process of construction;
and he shall be liable for any and all claims for such damage on account of his
failure to fully protect all adjoining property. The Contractor agrees to indemnify,
save and hold harmless the City and the Engineer against any claim or claims for
damages due to any injury to any adjacent or adjoining property, arising or
growing out of the performance of the contract regardless of whether or not it is
caused in part by a party indemnified hereunder, but any such indemnity shall not
apply to any claim of any kind arising solely out of the existence or character of
the work.
3.13 Protection Against Claims of Subcontractors, Laborers, Material men and
Furnishers of Machinery, Equipment and Supplies
The Contractor agrees that he will indemnify and save the City and the Engineer
from all claims growing out the lawful demands of Subcontractors, laborers,
workers, mechanics, material men 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 City, the
Contractor shall furnish satisfactory evidence that all obligations of the nature
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hereinabove designated have been paid, discharged or waived. If the Contractor
fails to do so, then the City may either pay directly any unpaid bills of which the
City has written notice, or may withhold from the Contractor's unpaid
compensation a sum of money deemed reasonably sufficient to liquidate any and
all such lawful claims. When satisfactory evidence is furnished that all liabilities
have been fully discharged, payments to the Contractor shall be resumed in full in
accordance with the terms of this contract, but in no event shall either the
Contractor or his surety construe the provisions of this sentence to impose any
obligation upon the City.
3.14 Protection Against Royalties or Patented Inventions
The Contractor shall pay all royalties and license fees, and shall provide for the
use of any design, device, material or process covered by letter patent or
copyright by suitable legal agreement with the patentee or owner. The Contractor
shall defend all suits or claims for infringement of any patent or copyright rights
and shall defend, indemnify and hold harmless the City and the Engineer from
any loss on account thereof, except that the City shall defend all such suits and
claims and shall be responsible for all such losses when a particular design,
device, material or process or the product of a particular manufacturer or
manufacturers is specified or required by the City; provided, however, if choice of
alternate design, device, material or process is allowed to the Contractor, then the
Contractor shall defend, indemnify and hold harmless the City from any loss on
account thereof. If the material or process specified or required by the City 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 City.
3.15 Laws and Ordinances
The Contractor shall at all times observe and comply with all federal, state and
local laws, ordinances and regulations, which in any manner affect the contract or
the work, and shall indemnify and save the City and the Engineer against any
claim arising from the violation of any such laws, ordinances, and regulations
whether by the Contractor or his employees, except where such violations are
called for by the provisions of the Contract Documents. If the Contractor
observes that the plans and specifications are at variance therewith, he shall
promptly notify the Engineer in writing, and any necessary changes shall be
prepared as provided in the contract for changes in the work. If the Contractor
performs any work knowing it to be contrary to such laws, ordinances, rules and
regulations, and without such notice to the Engineer, he shall bear all costs arising
therefrom. In case the City 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 City may enter into contract,
shall be controlling and shall be considered as part of this contract to the same
effect as though embodied herein.
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3.16 Assignment and Subletting
The Contractor further agrees that he will retain personal control and will give his
personal attention to the fulfillment of this contract and that he will not assign by
Power of Attomey or otherwise, or sublet said contract without the written
consent of the Engineer, and that no part or feature of the work will be sublet to
anyone objectionable to the Engineer or the City. 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 City as provided by this agreement.
3.17 Indemnification
The Contractor shall defend, indemnify and hold harmless the City and the
Engineer and their respective officers, agents and employees, from and against all
damages, claims, losses, demands, suits, judgments and costs, including
reasonable attorneys' fees and expenses, arising out of or resulting from the
performance of the work, provided that any such damage, claim, loss, demand,
suit, judgment, cost or expense:
1. is attributable to bodily injury, sickness, disease or death of any person,
including Contractor's employees and any Subcontractor's employees and
any Sub - Subcontractor's employees, or to injury to or destruction of
tangible property, including Contractor's property (other than the work
itself) and the property of any Subcontractor of Sub - Subcontractor,
including the loss of use resulting therefrom; and,
2. is caused in whole or in part by any intentional or negligent act or
omission of the Contractor, any Subcontractor, any Sub - Subcontractor or
anyone directly or indirectly employed by any one of them or anyone for
whose acts any of them may be liable, regardless of whether or not it is
caused in part by a party indemnified hereunder.
The obligation of the Contractor under this section 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 City 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
this section 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
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Subcontractor or Sub - Subcontractor under workers' compensation acts, disability
benefit acts or other employee benefit acts.
3.18 Insurance
The Contractor shall carry insurance as follows for the duration of this contract.
A. Statutory Workers' Compensation.
Definitions:
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Certificate of coverage ( "certificate ") - a copy of a certificate of insurance,
a certificate of authority to self -insure issued by the Texas Workers'
Compensation Commission, or a coverage agreement (TWCC -81, TWCC-
82, TWCC -83, or TWCC -84), showing statutory workers' compensation
insurance coverage for the person's or entity's employees providing
services on a project, for the duration of the project.
Duration of the proiect - includes the time from the beginning of the work
on the project until the contractor's employees or representative's work on
the project has been completed and accepted by the City.
Persons providing services on the project (" subcontractor" in $ 406.0961 -
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 that furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering
equipment or materials, or providing labor, transportation or other service
related to a project. "Services" does not include activities unrelated to the
project, such as food/beverage vendors, office supply deliveries and
delivery of portable toilets.
The Contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any coverage
agreements, that meets the statutory requirements of Texas Labor Code,
Section 401.011(44), for all employees of the Contractor providing
services on the project, for the duration of the project. This coverage shall
include the following terms:
(a) Employer's Liability limits of $100,000.00 for each
accident is required.
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(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 Workers'
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 prior to the City's
execution of 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 City showing that coverage has been extended.
The Contractor shall obtain from each person providing services on a
project, and provide to the City:
(a) a certificate of coverage, prior to that person beginning
work on the project, so the City will have on file
certificates of coverage showing coverage for all persons
providing services on the project; and
(b) no later than seven (7) calendar days after receipt by the
Contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of
the project.
The Contractor shall retain all required certificates of coverage for the
duration of the project and for one year thereafter.
The Contractor shall 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 the project to:
(a) provide coverage, based on proper reporting of
classification codes and payroll amounts of filing of any
coverage agreements, that meets the statutory requirements
of Texas Labor Code, Section 401.011(44), for all of its
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employees providing services on the project, for the
duration of the project;
(b) provide to the Contractor, prior to that person beginning
work on the project, a certificate of coverage showing that
coverage is being provided for all employees of the person
providing services on the project, for the duration of the
project;
(c) provide the Contractor, prior to the end of the coverage
period, a new certificate of coverage showing extension of
coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the
project;
(d) obtain from each other person with whom it contracts, and
provide to the Contractor:
(g)
(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 City in writing by certified mail or personal
delivery, within ten (10) calendar days after the person
knew or should have known of any change that materially
affects the provision of coverage of any person providing
services on the project; and
contractually require each person with whom it contracts to
perform as required by paragraphs (a) -(g), with the
certificates of coverage to be provided to the person for
whom they are providing services.
By signing this contract, or providing or causing to be provided a
certificate of coverage, the Contractor is representing to the City 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
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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 worker, with the Commission's Division of Self-Insurance
Regulation. Providing false or misleading information may subject the
Contractor to administrative penalties, criminal penalties, civil penalties
and/or other civil actions.
The Contractor's failure to comply with any of these provisions is a breach
of contract by the contractor that entitles the City to declare the contract
void if the Contractor does not remedy the breach within ten (I0) calendar
days after the receipt of notice of breach from the City.
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 $100,000 for each
occurrence including like coverage for acts and omissions of
Subcontractors and contractual liability coverage.
D. Automobile Liability Insurance for all owned, non -owned and hired
vehicles with minimum limits for Bodily Injury of $100,000 for each
person and $300,000 for each occurrence and Property Damage minimum
limits of $100,000 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 the City and the Engineer have
approved such insurance. 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 City and the Engineer shall not relieve or
decrease the liability of the Contractor hereunder.
The required insurance must be written by a company licensed to do business in
Texas at the time the policy is issued. In addition, the company must be
acceptable to the City and all insurance (other than workers' compensation) shall
be endorsed to include the City as an additional insured there under.
All insurance policies /certificates shall include a clause providing that the insurer
will notify the City in writing at least 30 days prior to termination, cancellation,
reduction, or material change of coverage. This clause must require that the City
be contacted within the specified time by 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
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insurance applies, the expiration date, and the above- mentioned notice of
termination, cancellation, reduction or material change of coverage.
3.19 Final Clean -Up
Upon the completion of the work and before acceptance and final payment will be
made, the Contractor shall clean and remove from the site of the work all surplus
and discarded materials, temporary structures and debris of every kind. He shall
leave the site of the work in a neat and orderly condition at least equal to that
which originally existed. Surplus and waste materials removed from the site of
the work shall be disposed of at locations satisfactory to the Engineer.
In the event the Contractor fails or refuses to clean and remove surplus materials
and debris as provided above, the City or the Engineer may do so, or cause same
to be done, at the Contractor's expense, and the reasonable cost thereof shall be
deducted from the final payment.
3.20 Guarantee Against Defective Work
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 to such plans and
specifications or any defects in workmanship or materials furnished under this
contract that may be discovered within the said one-year period. The Contractor
shall at his own expense correct such defect within thirty (30) days after receiving
written notice of such defect from the City or the Engineer by repairing same to
the condition called for in the Contract Documents and plans and specifications.
Should the Contractor fail or refuse to repair such defect within the said thirty
(30) day period or to provide acceptable assurances that such repair work will be
completed within a reasonable time thereafter, the City may repair or cause to be
repaired any such defect at the Contractor's expense.
3.21 Testing of Materials
Unless otherwise specified, testing of all materials to be incorporated into the
project will be as directed by the Engineer at the expense of the City. All
retesting for work rejected on the basis of test results will be at the expense of the
Contractor and the Engineer shall determine the extent of the retesting. The
Engineer may require additional testing for failing tests and may require two (2)
passing retests before acceptance will be made by the City. The City will
designate the testing laboratory.
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
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materials, etc., the Contractor will be required to furnish a manufacturer's
certificate stating that the material meets the requirements specified for this
project.
3.22 Wage Rates (Information From Chapter 2258, Texas Government Code
Title 10)
2288.021. Duty of Government Entity to Pay Prevailing Wage Rates
a. The State or any political subdivision of the State shall pay a worker
employed by it or on behalf of it:
(1) not less than the general prevailing rate of per diem wages
for work of a similar character in the locality in which the
work is performed; and
(2) not less than the general prevailing rate of per diem wages
for legal holiday and overtime work.
b. Subsection (a) does not apply to maintenance work.
c. A worker is employed on a public work for the purposes of this section if
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, employs the
worker.
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.
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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.
3.
Applicable wage rates are shown in Section 06 WAGE RATES of the SPECIAL
CONDITIONS.
3.23 Right to Audit
Whenever the City enters into any type of contractual arrangement including but
not limited to lump sum contracts (i.e., fixed price or stipulated sum contracts),
unit price, cost plus or time and material contracts with or without a guaranteed
maximum (or not -to- exceed amounts), Contractor's "records" shall upon
reasonable notice be open to inspection and subject to audit and/or reproduction
during normal business working hours. A City representative, or an outside
representative engaged by the City may perform such audits. The Contractor shall
maintain all records relating to this contract for four (4) years from the date of
final payment under this Contract, or until pending litigation has been completely
and fully resolved, whichever occurs last.
The City shall have the exclusive right to examine the records of the Contractor.
The term "records" as referred to in this Contract shall include any and all
information, materials and data of every kind and character, including without
limitation records, books, papers, documents, contracts, schedules, commitments,
arrangements, notes, daily diaries, reports, drawings, receipts, vouchers and
memoranda, and any and all other agreements, sources of information and matters
that may, in the City's judgment, have any bearing on or pertain to any matters,
rights, duties or obligations under or covered by any Contract Document. Such
records shall include (hard copy, as well as computer- readable data if it can be
made available), written policies and procedures; time sheets; payroll registers;
cancelled checks; personnel file data; correspondence; general ledger entries; and
any other record in the Contractor's possession which may have a bearing on
matters of interest to the City in connection with Contractor's dealings with the
City (all foregoing hereinafter referred to as "records "). In addition, the
Contractor shall permit interviews of employees as well as agents, representatives,
vendors, subcontractors and other third parties paid by the Contractor to the extent
necessary to adequately permit evaluation and verification of:
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a) Contractor compliance with contract requirements,
b) compliance with City's business ethics policies, and
c) if necessary, the extent of the work performed by the Contractor at the
time of contract termination.
Contractor shall require all payees (examples of payees include subcontractors,
insurance agents, material suppliers, etc.) to comply with the provisions of this
article by incurring the requirements hereof in a written contract agreement
between Contractor and payee. Such requirements include a flow -down right of
audit provisions in contracts with payees that also apply to Subcontractors and
Sub - Subcontractors, material suppliers, etc. Contractor will cooperate fully and
will require Related Parties and all of Contractor's subcontractors (including those
entering into lump sum subcontracts) to cooperate fully in furnishing or in making
available to the City from time to time whenever requested, in an expeditious
manner, any and all such information, materials and data.
City's authorized representative or designee shall have reasonable access to the
Contractor's facilities, shall be allowed to interview all current or former
employees to discuss matters pertinent to the performance of this Contract and
shall be provided adequate and appropriate work space, in order to conduct audits
in compliance with this article.
If an audit inspection or examination in accordance with this Article discloses
overpricing or overcharges (of any nature) by the Contractor to the City in excess
of one -half of one percent (.5 %) of the total contract billings, the reasonable
actual cost of the City's audit shall be reimbursed to the City by the Contractor.
Any adjustments and/or payments, which must be made as a result of any such
audit or inspection of the Contractor's invoices and/or records, shall be made
within a reasonable amount of time (not to exceed 90 days) from presentation of
the City's findings to the Contractor.
Contractor shall take reasonable actions to prevent any actions or conditions,
which could result in a conflict with the City's best interests. These obligations
shall apply to the activities of Contractor's employees, agents, subcontractors, etc.
in their dealings and relations with the City's current and former employees and
their relatives. For example, Contractor's employees, agents or subcontractors
should not make or provide to be made any employment, gifts, extravagant
entertainment, payments, loans or other considerations to City's representatives,
employees or their relatives.
It is also understood by the Contractor that any solicitation of gifts or any other
item of value by anyone representing the City is to be reported within two
business working days to the City at the following telephone number (512) 218-
5555 (Public Works Department). Failure to report any such solicitations or offers
GC-26 Revised -2002
shall be deemed a material breach of contract entitling the City to pursue damages
resulting from the failure to comply with this provision.
4. Prosecution and Progress
4.01 Time and Order of Completion
It is the meaning and intent of this contract, unless otherwise herein specifically
provided, that the Contractor shall be allowed to prosecute his work at such times
and seasons, in such order of precedence, and in such manner as shall be most
conducive to economy of construction; provided, however, that the order and the
time of prosecution shall be such that the work shall be substantially completed as
a whole and in part, in accordance with this contract, the plans and specifications,
and within the time of completion designated in the proposal: provided, also, that
when the City 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 City shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the
Engineer, schedules that 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 City or the Engineer, or of any employee of either, or by other
contractors employed by the City, 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 that 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 City) 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
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City, then such expense as in the judgment of the Engineer is caused by such
stoppage of said work shall be paid by the City to the Contractor.
5. Measurement and Payment
5.01 Quantities and Measurements
No extra or customary measurements of any kind will be allowed, but the actual
measured and/or computed length, area, solid contents, number and weight only
shall be considered, unless otherwise specifically provided.
5.02 Estimated Quantities
The Contract Documents are intended to show clearly all work to be done and
material to be fumished hereunder. Where the estimated quantities are shown for
the various classes of work to be done and material to be furnished under this
contract, they are approximate and are to be used only as a basis for estimating the
probable cost of the work and for comparing the proposals offered for the work.
It is understood and agreed that the actual amount of work to be done and material
to be furnished under this contract may differ somewhat from these estimates, and
that where the basis for payment under this contract is the unit price method,
payment shall be for the actual amount of such work done and material Punished.
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 that may be found between the quantities of work actually done,
the material actually furnished under this contract and the estimated quantities
contemplated and contained in the proposal; provided, however, that in case the
actual quantity of any major item should become as much as twenty percent
(20 %) more than, or twenty percent (20%) less than the estimated or
contemplated quantity for such items, then either party to this agreement, upon
demand, shall be entitled to revised consideration upon the portion of the work
above or below twenty percent (20 %) of the estimated quantity.
A "Major Item" shall be construed to be any individual bid item incurred in the
proposal that has a total cost equal to or greater than five percent (5 %) of the total
contract cost, computed on the basis of the proposal quantities and the contract
unit prices.
Any revised consideration is to be determined by agreement between the parties,
otherwise by the terms of this agreement, as provided under "Extra Work."
5.03 Price of Work
In consideration of the furnishing of all the necessary labor, equipment and
material, and the completion of all work by the Contractor, and on the completion
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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 City
agrees to pay the Contractor the prices set forth in the proposal hereto attached,
which has been made a part of this contract. The Contractor hereby agrees to
receive such prices in full for furnishing all material and all labor required for the
aforesaid work, also for all expense incurred by him, and for well and truly
performing the same and the whole thereof in the manner and according to this
agreement.
5.04 Partial Payments
On or before the first day of each month, the Contractor shall submit to the
Engineer a statement showing the total value of the work performed up to and
including the 25th day of the preceding month. The statement shall also include
the value of all sound materials delivered on the job site and to be included in the
work and all partially completed work whether bid as a lump sum or a unit item
that in the opinion of the Engineer is acceptable. The Engineer shall examine and
approve or modify and approve such statements.
The City shall then pay the Contractor on or before the 20th day of the current
month the total amount of the approved statement, less five percent (5 %) of the
amount thereof, of which five percent (5 %) shall be retained until final payment,
and further less all previous payments and all further sums that may by retained
by the City under the terms of this agreement. It is understood, however, that in
case the whole work be near to completion and some unexpected and unusual
delay occurs due to no fault or neglect on the part of the Contractor, then the City
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 City's option, may be relieved of the obligation to fully complete the work
and, thereupon, the Contractor shall receive payment of the balance due him
under the contract subject only to the conditions stated under "Final Payment."
5.05 Use of Completed Portions
The City 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. Such taking possession and use shall not be deemed an
acceptance of any work not completed in accordance with the Contract
Documents. If such prior use increases the cost or delays the work, the Contractor
shall be entitled to such extra compensation, extension of time, or both, as the
Engineer may determine.
The Contractor shall notify the Engineer when, in the Contractor's opinion, the
contract is "substantially completed" and when so notifying the Engineer, the
Contractor shall furnish to the Engineer in writing a detailed list of unfinished
work. The Engineer will review the Contractor's list of unfinished work and will
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add thereto such items as the Contractor has failed to include. The "substantial
completion" of the structure or facility shall not excuse the Contractor from
performing all of the work undertaken, whether of a minor or major nature, and
thereby completing the structure or facility in accordance with the Contract
Documents.
5.06 Final Completion and Acceptance
Within ten (10) days after the Contractor has given the Engineer written notice
that the work has been completed, or substantially completed, the Engineer and
the City shall inspect the work and within said time, if the work is found to be
completed in accordance with the Contract Documents, the Engineer shall issue to
the City and the Contractor his Certificate of Completion, and thereupon it shall
be the duty of the City to issue a Certificate of Acceptance to the Contractor or to
advise the Contractor in writing of the reason for non - acceptance.
5.07 Final Payment
Upon the issuance o the Certificate of Completion, the Engineer shall proceed to
make final measurements and prepare a final statement for the value of all work
performed and materials furnished under the terms of the agreement and shall
certify same to the City, who shall pay to the Contractor on or before 35th day
after the date of the Certificate of Completion, the balance due the Contractor
under the terms of this contract; and said payment shall become due in any event
upon said performance by the Contractor. Neither the Certificate of Acceptance
nor the final payment, nor any provision in the Contract Documents, shall relieve
the Contractor of the obligation for fulfillment of any warranty which may be
required.
5.08 Payments Withheld
The City may, on account of subsequently discovered evidence, withhold or
nullify the whole or part of any certificate to such an extent as may be necessary
to protect itself 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 City or another contractor's work, material or equipment.
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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.
When the above grounds are removed or the Contractor provides a surety bond
satisfactory to the City, which will protect the City in the amount withheld,
payment shall be made for amounts withheld because of them.
5.09 Delayed Payments
Should the City fail to make payment to the Contractor of the sum named in any
partial or final statement when payment is due, then the City shall pay to the
Contractor, in addition to the sum shown as due by such statement, interest
thereon at the rate of six percent (6 %) per annum, unless otherwise specified,
from date due as provided under "Partial Payments" and "Final Payment," until
fully paid, which shall fully liquidate any injury to the Contractor growing out of
such delay in payment. It is expressly agreed that delay by the City 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 City nor an abandonment
thereof nor shall it to any extent or for any time relieve the Contractor of his
obligations to fully and completely perform hereunder.
6. Extra Work and Claims
6.01 Change Orders
The contract language contained herein will supplement and take precedence over
all other change order pricing contract provisions in file contract documents
provided by either the City, Construction Manager (Contractor), General
Contractor (Contractor) and/or Architect/Engineer. It is understood that these
contract provisions will govern the pricing and administration of all change order
proposals to be submitted by the General Contractor (Contractor), Construction
Manager (C/M), Prime Contractors, Trade Contractors or Subcontractors
(Subcontractor), and all other lower tier Contractors (Sub - Subcontractors)
working on the Project. In the event of a conflict between the language herein
and the other contract documents used for the project, the change order pricing
and contract provisions in this Article shall govem.
The Contractor agrees that it will incorporate the provisions of this Article into all
agreements with lower -tier Contractors, Subcontractors, etc. It is understood that
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GC-3 3. Revised -2002
these change order pricing provisions apply to all types of contracts and/or
subcontracts, specifically including lump sum (or fixed price contracts), unit price
contracts, and/or cost plus contracts with or without a guaranteed maximum. It is
further understood that these change order provisions will apply to all methods of
change order pricing, specifically including lump sum change order proposals,
unit price change order proposals, and cost plus change order proposals.
Without invalidating this agreement, the City 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
City 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 City, 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 City for extra work involved
therein, as hereinafter provided.
6.02 Minor Changes
The Engineer may authorize minor changes in the work not inconsistent with the
overall intent of the Contract Documents and not involving an increase in contract
price. If the Contractor believes that any minor change or alteration authorized by
the Engineer involves extra work and entitles him to an increase in the contract
price, the Contractor shall make written request to the Engineer for a written field
order.
In such case, the Contractor by copy of his communication to the Engineer or
otherwise in writing shall advise the City 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.
6.03 Extra Work
It is agreed that the basis of compensation to the Contractor for work either added
or deleted by a change order or for which a claim for extra work is made shall be
determined by the unit prices upon which this contract was bid to the extent that
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:
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Method (A)
By agreed unit prices; or
Method (B)
By agreed lump sum; If Method (B) is utilized, the Contractor will submit a
properly itemized Lump Sum Change Order Proposal covering the
additional work and/or the work to be deleted. This proposal will be
itemized for the various components of work and segregated by labor,
material, and equipment in a detailed format satisfactory to the City. The
City will require itemized change orders on all change order proposals from
the Contractor, Subcontractors, and Sub - Subcontractors regardless of tier.
Details to be submitted will include detailed line item estimates showing
detailed material quantity take -offs, material prices by item and related labor
hour pricing information and extensions (by line item by drawing as
applicable).
Method (C)
If neither Method (A) nor Method (B) is agreed upon before the extra work
is commenced, then the Contractor shall submit a cost plus change order
proposal as defined in the following provisions:
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a. Labor: Estimated labor costs to be included for self - performed
work shall be based on the actual cost per hour paid by the Contractor
for those workers or crews of workers who the contractor reasonably
anticipates will perform the change order work. Estimated labor hours
shall include hours only for those workmen and working foremen
directly involved in performing the change order work. Supervision
above the level of working foremen (such as general foremen,
superintendent, project manager, etc.) is considered to be included in
the agreed upon Markup Percentages as outlined in paragraph 6.04 of
this Article.
b. Labor Burden - Labor burden allowable in change orders shall be
defined as employer's net actual cost of payroll taxes (FICA,
Medicare, SUTA, FUTA), net actual cost for employer's cost of union
benefits (or other usual and customary fringe benefits if the employees
are not union employees), and net actual cost to employers for
worker's compensation insurance taking into consideration
adjustments for experience modifiers, premium discounts, dividends,
rebates, expense constants, assigned risk pool costs, net cost reductions
due to policies with deductibles for self - insured losses, assigned risk
rebates, etc. the Contractor shall reduce his standard payroll tax
percentages to properly reflect the effective cost reduction due to the
estimated impact of the annual maximum wages subject to payroll
taxes.
GC-3 3 Revised -2002
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 therefore, 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 actual costs, as provided under Method (C).
The Contractor will thereby preserve the right to submit the matter of payment to
mediation or litigation.
6.04 Maximum Markup for Self - Performed Work
With respect to pricing change orders to any Lump Sum Contract change order,
the maximum Markup Percentage Fee to be paid to any Contractor (regardless of
tier) on self - performed work shall be a single markup percentage not -to- exceed
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c. Material: Estimated material change order costs shall reflect the
Contractor's reasonably anticipated net actual cost for the purchase of
the material needed for the change order work. Estimated material
costs shall reflect cost reductions available to the Contractor due to
trade discounts, free material credits, and/or volume rebates. Cash
discounts available on material purchased for change order work shall
be credited to City if the Contractor is provided City funds in time for
Contractor to take advantage of any such cash discounts. Price
quotations from material suppliers must be itemized by each specific
item to be purchased. "Lot pricing" quotations will not be considered
sufficient substantiating detail.
d. Equipment: Allowable change order estimated costs may include
appropriate amounts for rental of major equipment specifically needed
to perform the change order work (defined as tools and equipment
with an individual purchase cost of more than $750). For contractor -
owned equipment, the "bare" equipment rental rates allowed to be
used for pricing change order proposals shall be 75% of the monthly
rate listed in the most current publication of The AED Green Book
divided by 173 to arrive at a maximum hourly rate to be applied to the
hours the equipment is used performing the change order work.
Further, for contractor -owned equipment, the aggregate equipment
rent charges for any single piece of equipment used in any change
order work shall be limited to 50% of the fair market value of the piece
of equipment when the first change order is priced involving usage of
the piece of equipment. Fuel necessary to operate the equipment will
be considered as a separate direct cost associated with the change
order work.
GC -34 Revised -2002
(the following sliding scale of percentages) of the net direct cost of (1) direct
labor and allowable labor burden costs applicable to the change order or extra
work, (2) the net cost of material and installed equipment incorporated into the
change or extra work, and (3) net rental cost of major equipment and related fuel
costs necessary to complete the change in the Work. The following sliding scale
will apply for the pricing of the self - performed work portion of each change order
proposal request:
a. 15% on the first $25,000 of the change order direct cost of self -
performed work,
b. 10% on the portion of the change order direct cost of self -
performed work between $25,000 and $50,000, and
c. 7.5% on the portion of the change order direct cost of self -
performed work between $50,000 and $200,000 and,
e. 5% on the portion of the change order direct cost of self -
performed work greater than $200,000.
6.05 Maximum Markup for Lower Tier Contractors:
With respect to pricing the portion of change order proposals involving work
performed by lower -tier contractors, the maximum Markup Percentage Fee
allowable to the Contractor supervising the lower -tier contractor's work shall not-
to- exceed the following sliding scale on the aggregate amount allowed to be
charged by the lower tier contractor(s) for each change order event:
a. 8% on the first $25,000 of approved change order work
performed by all Subcontractors combined for any particular
change order proposal.
b. 4% on any amount greater than $25,000 of approved change
order work performed by all the Subcontractors combined for
any particular change order proposal.
In no event will any lump sum or percentage amounts for "contingency" be
allowed to be added as a separate line item m change order estimates. Unknowns
attributable to labor hours will be accounted for when estimating labor hours
anticipated to accomplish the work. Unknowns attributable to material scrap and
waste will be estimated as part of material costs.
The Contractor's proposals for changes in the contract amount or time shall be
submitted within seven (7) calendar days of the City's request, unless the City
extends such period of time due to the circumstances involved. If such proposals
are not received in a timely manner, or if the proposals are not acceptable to City,
or if the changed work should be started immediately to avoid damage to the
project or costly delay, the City may direct the Contractor to proceed with the
changes without waiting for the Contractor's proposal or for the formal change
order to be issued. In the case of an unacceptable Contractor proposal, the City
may direct the Contractor to proceed with the changed work on a cost plus basis
with an agreed upon not -to- exceed price for the work to be performed. Such
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GC 5 Revised -2002
directions to the Contractor by the City shall be confirmed in writing by a "Notice
to Proceed on Changes" letter within seven (7) calendar days. The cost or credit,
and or time extensions will be determined by negotiations as soon as practical
thereafter and incorporated in a Change Order to the Contract.
In the event the Contractor has been required to famish performance and/or
payment bonds as part of the base contract price, a final contract change order
will be processed to account for the Contractor's net increase or decrease in bond
premium costs associated with change orders to Contractor's base contract price.
Contract adjustments related to any such increased or decreased costs of insurance
and/or bond coverage will not be subject to any Contractor markup for overhead
and profit.
6.06 Unit Price Proposals
As an alternative to Lump Sum Change Order Proposals, the City or the
Construction Manager acting with the approval of the City may choose the option
to use Contract Unit Prices. The Contractor will submit within seven (7) days
after receipt of the City's written request for a Unit Price Proposal, a written Unit
Price proposal itemizing the quantities of each item of work for which there is an
applicable Contract Unit Price. The quantities must be itemized in relation to each
specific contract drawing.
Contract Unit Prices will be applied to net differences of quantities of the same
item. Such Contract Unit Prices will be considered to cover all direct and indirect
costs of furnishing and installing the item including the Subcontractor's Markup
Percentage Fee.
6.07 Cost Plus Proposals
As an alternative to either Lump Sum Change Order Proposals or Unit Price
Change Order Proposals, the City may elect to have any extra work performed on
a cost plus markup percentage fee basis. Upon written notice to proceed, the
Contractor shall perform such authorized extra work at actual cost for direct labor
(working foremen, journeymen, apprentices, helpers, etc.), actual cost of labor
burden, actual cost of material used to perform the extra work, and actual cost of
rental of major equipment (without any charge for administration, clerical
expense, general supervision or superintendence of any nature whatsoever,
including general foremen, or the cost or rental of small tools, minor equipment,
or plant (fabrication), plus the approved markup percentage fee. The intent of this
clause is to define allowable cost plus chargeable costs to be the same as those
allowable when pricing Lump Sum Change Proposals as above. City and
Contractor may agree in advance in writing on a maximum price for this work,
and City shall not be liable for any charge in excess of the maximum. Daily time
sheets with names of all the Contractor's employees working on the project will
be required to be submitted to the City for both labor and equipment used by the
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GC-3 6 Revised -2002
Contractor for time periods during which extra work is performed on a cost plus
fee basis. Daily time sheets will break down the paid hours worked by the
Contractor's employees showing both base contract work as well as extra work
performed by each employee.
6.08 Accurate Pricing Information
The Contractor agrees that it is responsible for submitting accurate cost and
pricing data to support its Lump Sum Change and/or Cost Plus Change Order
Proposals or other contract price adjustments under the contract. The Contractor
further agrees to submit change order proposals with cost and pricing data, which
is accurate, complete, current and in accordance with the terms of the contract
with respect to pricing of change orders.
6.09 Right to Verify Information
Contractor agrees that any designated City's representative will have the right to
examine the Contractor's records to verify the accuracy and appropriateness of the
pricing data used to price change proposals. Even after a Change Order Proposal
has been approved, the Contractor agrees that if the City later determines the cost
and pricing data submitted was inaccurate, incomplete, not current or not in
compliance with the terms of the contract regarding pricing of change orders, then
an appropriate contract price reduction will be made.
6.10 Pricing Information Requirements
The Contractor agrees to provide and require all Subcontractors to provide a
breakdown of allowable labor and labor burden cost information as outlined in
this Article. This information will be used to evaluate the potential cost of labor
and labor burden related to change order work. It is intended that this information
represent an accurate estimate of the Contractor's actual labor and labor burden
cost components. This information is not intended to establish fixed billing or
change order pricing labor rates. However, at the time change orders are priced,
the submitted cost data for labor rates may be used to price change order work.
The accuracy of any such agreed upon labor cost components used to price
change orders will be subject to later audit. Approved change order amounts may
be adjusted later to correct the impact of inaccurate labor cost components if the
agreed upon labor cost components are determined to be inaccurate.
6.11 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
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GC -3 7 Revised -2002
and render his final decision in writing. In case the Contractor should appeal the
Engineer's decision, any demand for mediation shall be filed with the Engineer
and the City in writing within ten (10) days after the date of the delivery to the
Contractor of the Engineer's final decision. It is further agreed that final
acceptance of the work by the City and the acceptance by the Contractor of the
final payment shall be a bar to any claims by either party, except claims by City
for defective work or enforcement of warranties and except as noted otherwise in
the Contract Documents.
6.12 Continuing Performance
The Contractor shall continue performance of the contract during all disputes or
disagreements with the City. The production or delivery of goods, the furnishing
of services and the construction of projects or facilities shall not be delayed,
prejudiced or postponed pending resolution of any disputes or disagreements,
except as the City may otherwise agree in writing.
7. Abandonment of Contract
7.01 Abandonment by Contractor
In case the Contractor should abandon and fail or refuse to resume work within
ten (10) days after written notification from the City or the Engineer, or if the
Contractor fails to comply with the orders of the Engineer when such orders are
consistent with the Contract Documents, then and in that case, where performance
and payment bonds exist, the sureties on these bonds shall be notified in writing
and directed to complete the work, and a copy of said notice shall be delivered to
the Contractor.
After receiving said notice of abandonment, the Contractor shall not remove from
the work any machinery, equipment, tools, materials or supplies then on the job,
but the same, together with any materials and equipment under contract for the
work, may be held for use on the work by the City 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 therefore (except when used in
connection with extra work, where credit shall be allowed as provided for under
Section 6 herein), it being understood that the use of such equipment and
materials will ultimately reduce the cost to complete the work and be reflected in
the final settlement.
Where there is no performance bond provided or in case the surety should fail to
commence compliance with the notice for completion hereinbefore provided for,
within ten (10) days after service of such notice, then the City may provide for
completion of the work in either of the following elective manners:
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GC-38 Revised -2002
(1)
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The City may thereupon employ such force of men and use such
machinery, equipment, tools, materials and supplies as the City
may deem necessary to complete the work and charge the expense
of such labor, machinery, equipment, tools, materials and supplies
to the Contractor, and expense so charged shall be deducted and
paid by the City out of such monies as may be due, or that may
thereafter at any time become due to the Contractor under and by
virtue of this agreement. In case such expense is less than the sum
which would have been payable under this contract if the same had
been completed by the Contractor, then the Contractor shall
receive the difference. In case such expense is greater than the
sum which would have been payable under this contract if the
same had been completed by the Contractor, then the Contractor
and/or his surety shall pay the amount of such excess to the City,
or
(2) The City, 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 that are
provided in this contract. In case there is any increase in cost to
the City 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 therefore.
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 has been substantially completed, the Contractor and his surety
shall be so notified and Certificates of Completion and Acceptance, as provided in
Paragraph 5.06 hereinabove, shall be issued. A complete itemized statement of
the contract accounts, certified by the Engineer as being correct, shall then be
prepared and delivered to the Contractor and his surety, whereupon the Contractor
and/or his surety, or the City as the case may be, shall pay the balance due as
reflected by said statement within fifteen (15) days after the date of deliveries of
such Certificate of Completion.
In the event the statement of accounts shows that the cost to complete the work is
less than that which would have been the cost to the City 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
City, 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 City within the time designated hereinabove,
and there remains any machinery, equipment, tools, materials or supplies on the
GC-3 9 Revived -2002
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 City to exercise ordinary care to protect such
property. After fifteen (15) days from the date of said notice, the City may sell
such machinery, equipment, tools, materials or supplies and apply the net sum
derived from such sale to the credit of the Contractor and his surety. Such sale
may be made at either public or private sale, with or without notice, as the City
may elect. The City shall release any machinery, equipment, tools, materials, or
supplies that 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 City
In case the City 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 there from all machinery, tools and equipment, and all materials on
the site of work that have not been included in payments to the Contractor and
have not been wrought into the work. Thereupon, the Engineer shall make an
estimate of the total amount earned by the Contractor, which estimate shall
include the value of all work actually completed by said Contractor (at the prices
stated in the attached proposal where unit prices are used), the value of all
partially completed work at a fair and equitable price, and the amount of all extra
work performed at the prices agreed upon, or provided for by the terms of this
contract, and a reasonable sum to cover the cost of any provisions made by the
Contractor to carry the whole work to completion and that 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 City and all other
sums that may be retained by the City under the terms of this agreement and shall
certify same to the City who shall pay to the Contractor on or before thirty (30)
days after the date of the notification by the Contractor the balance shown by said
final statement as due the Contractor, under the terms of this agreement.
8. Subcontractors
8.01 Award of Subcontracts for Portions of the Work
Unless otherwise specified in the Contract Documents or in the Instructions to
Bidders, the Contractor, as soon as practicable after the award of the contract,
shall furnish to the Engineer in writing for acceptance by the City and the
Engineer a list of the names of the Subcontractors proposed for the principal
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portions of the work. The Engineer shall promptly notify the Contractor in
writing if either the City or the Engineer, after due investigation, has objection to
any Subcontractor on such list and does not accept him. Failure of the City or the
Engineer to make objection promptly to any Subcontractor on the list shall
constitute acceptance of such Subcontractor.
The Contractor shall not contract with any Subcontractor or any person or
organization (including those who are to furnish materials or equipment fabricated
to a special design) proposed for portions of the work designated in the Contract
Documents or in the Instructions to Bidders or, if none is so designated, with any
Subcontractor proposed for the principal portions of the work who has been
rejected by the City 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 City or the Engineer refuses to accept any Subcontractor or person or
organization on a list submitted by the Contractor in response to the requirements
of the Contract Documents or the Instructions to Bidders, the Contractor shall
submit an acceptable substitute and the contract amount shall be increased or
decreased by the difference in cost occasioned by such substitution and an
appropriate change order shall be issued; however, no increase in the contract
amount shall be allowed for any such substitution unless the Contractor has acted
promptly and responsively in submitting for acceptance any list or lists of names
as required by the Contract Documents or the Instructions to Bidders.
If the City 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 City and the Engineer, unless the
substitution is acceptable to the City and the Engineer.
8.02 Subcontractual Relations
All work performed for the Contractor by a Subcontractor shall be pursuant to an
appropriate written agreement between the Contractor and the Subcontractor (and
where appropriate between Subcontractors and Sub - Subcontractors) which shall
contain provisions that:
(1)
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preserve and protect the rights of the City and the Engineer under
the contract with respect to the work to be performed under the
subcontract so that the subcontracting thereof will not prejudice
such rights;
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(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 City;
(5)
obligate each Subcontractor specifically to consent to the
provisions of this section.
A copy of all such subcontract agreements shall be filed by the Contractor with
the Engineer before the Subcontractor shall be allowed to commence work.
8.03 Payments to Subcontractors
The Contractor shall pay each Subcontractor, upon receipt of payment from the
City, 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 that is the fault of the
Contractor and not the fault of a particular Subcontractor, the Contractor shall pay
the Subcontractor on demand made at any time after the Certificate for Payment
should otherwise have been issued, for his work to the extent completed, less the
retained percentage.
The Engineer may, on request and at his discretion, furnish to any Subcontractor,
if practicable, information regarding percentages of completion certified to the
Contractor on account of work done by such Subcontractors.
Neither the City nor the Engineer shall have any obligation to pay or to see to the
payment of any monies to such Subcontractor except as may otherwise be
required.
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9. Separate Contracts
9.01 City's Right to Award Separate Contracts
The City reserves the right to award other contracts in connection with other
portions of the project under these or similar conditions of the contract.
When separate contracts are awarded for different portions of the project, "the
Contractor" in the contract documents in each case shall be the Contractor who
signs each separate contract.
9.02 Mutual Responsibility of Contractors
The Contractor shall afford other contractors reasonable opportunity for the
introduction and storage of their materials and equipment and the execution of
their work, and shall properly connect and coordinate his work with theirs.
If any part of the Contractor's work depends for proper execution or results upon
the work of any other separate contractor, the Contractor shall inspect and
promptly report to the Engineer any apparent discrepancies or defects in such
work that render it unsuitable for such proper execution and results. Failure of the
Contractor to so inspect and report shall constitute an acceptance of the other
contractor's work as fit and proper to receive his work, except as to defects that
may develop in the other separate contractor's work after the execution of the
Contractor's work.
Should the Contractor cause damage to the work or property of any separate
contractor on the project, the Contractor shall, upon due notice, settle with such
other contractor by agreement, if he will so settle. If such separate contractor sues
the City or initiates an proceeding allowed hereunder on account of any damage
alleged to have been so sustained, the City shall notify the Contractor who shall
defend such proceedings at the Contractor's expense, and if any judgment or
award against the City arises therefrom, the Contractor shall pay or satisfy it and
shall reimburse the City for all attorney's fees and court costs or other costs that
the City has incurred.
9.03 Cutting and Patching under Separate Contracts
The Contractor shall be responsible for any cutting, fitting and patching that may
be required to complete his work, except as otherwise specifically provided in the
Contract Documents. 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.
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Any costs caused by defective or ill -timed work shall be borne by the party
responsible therefore.
10. Protection of Persons and Property
10.01 Safety Precautions and Programs
The Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the work.
10.02 Safety of Persons and Property
The Contractor shall take all reasonable precautions for the safety of, and shall
provide all reasonable protection to prevent damage, injury, or loss to
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(1) all employees on the work and all other persons who may be
affected thereby;
(2) all the work and all materials and equipment to be incorporated
therein, whether in storage or off the site, under the care, custody
or control of the Contractor or any of his Subcontractors or Sub -
Subcontractors; and
(3)
other property at the site or adjacent thereto, including trees,
shrubs, lawns, walks, pavements, fences, roadways, structures and
utilities not designated for removal, relocation or replacement in
the course of construction.
The Contractor shall comply with all applicable laws, ordinances, rules,
regulations and lawful orders of any public authority having jurisdiction for the
safety of persons or property or to protect them from damage, injury or loss. He
shall erect and maintain, as required by existing conditions and progress of the
work, all reasonable safeguards for safety and protection, including posting
danger signs and other warnings against hazards, promulgating safety regulations
and notifying owners and users of adjacent utilities.
When the use or storage of explosives or other hazardous materials or equipment
is necessary for the execution of the work, the Contractor shall exercise the
utmost care and shall carry on such activities under the supervision of properly
qualified personnel.
All blasting, including methods of storing and handling explosives and highly
inflammable materials, shall conform to federal, state and local laws and
ordinances. All City ordinances shall be complied with even though some or all
GC-44 Revised -2002
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:
COOPARIUNG - GC.doc
1. The Contractor shall furnish the City of Round Rock with a
Certificate of Blasting Insurance in the amount of $300,000.00 for
each contract at least twenty -four (24) hours prior to using
explosives. A blasting permit must be obtained from the City at
least five (5) days prior to use of explosives. If blasting is covered
under the Contractor's General Insurance Certificate for each
contract, a separate blasting certificate will not be required.
2. The following public utility companies and City departments will
be notified by the Contractor, on every occasion, at least twenty -
four (24) hours prior to the use of explosives: Water and
Wastewater, Electric, Gas, Telephone and the City Engineering
Department.
3. Explosive materials to be used shall be limited to blasting agents
and dynamite, unless prior approval of other materials is obtained
in writing from the Engineering Department.
4. During blasting, all reasonable precautions shall be taken to protect
pedestrians, passing vehicles, and public or private property.
Blasting mats or protective cover shall be used when required by
the City Inspector, the permit, or by safe blasting practices.
5. All explosives shall be stored in accordance with Chapter 5,
Section 5.200, of the City Code.
6. The Director of Engineering or his representative shall have the
right to limit the use of explosives and/or blasting methods that in
his opinion are dangerous to the public or nearby property of any
kind.
7. The Contractor, at his expense, shall promptly repair or replace all
items known to be damaged as a result of blasting. All claims of
damage shall be investigated by the City of Round Rock or by
consulting firms approved by the City.
8. The Contractor shall maintain accurate records throughout the
blasting operations showing the type explosive used, number of
holes, pounds per hole, depth of hole, total pounds per shot, delays
used, date and time of blast and initials of the Inspector. The
GC-4 5 Revised -2002
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 City or the Engineer or anyone employed by either of them, and
not attributable in any degree to the fault or negligence of the Contractor.
The. Contractor shall designate a responsible member of his organization at the
site whose duty shall be the prevention of accidents. This person shall be the
Contractor's superintendent unless otherwise designated in writing by the
Contractor to the City and the Engineer.
10.03 Location and Protection of Utilities
Notwithstanding any other provision of this contract, the Contractor shall be
solely responsible for the location and protection of any and all 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 City shall provide such information as it has about the location and
grade of water, sewer, 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 non - delegable. Any such lines damaged
by the Contractor's operations shall be immediately repaired by the Contractor or
he shall cause such damage to be repaired at his expense.
11. Termination
11.01 Termination by City for Cause
Contractor is fully responsible for all claims resulting from his
blasting operation.
Conditions for termination are as follows:
Without prejudice to any other legal or equitable right or remedy that it would
otherwise possess hereunder or as a matter of law, the City shall be entitled by
giving Contractor five (5) days prior written notice to terminate this contract in its
entirety at any time:
1. If the Contractor becomes insolvent, voluntarily files for bankruptcy, is the
subject of an involuntary petition for bankruptcy commenced by its
creditors, makes a general assignment for the benefit of creditors or
becomes the subject of any other proceeding commenced under any statute
or law for the relief of debtors; or
COOPARKINO.00.doc
GC 6 Revised -2002
2. If a receiver trustee or liquidator of any of the property or income of
Contractor shall be appointed; or
3. If Contractor
a. shall fail to prosecute the work or any part thereof with diligence
necessary to insure its progress and completion as prescribed by
the time schedules; and Shall fail to take such steps to remedy such
default within ten (10) days after written notice thereof from City;
or
4. If Contractor
a. shall fail for any reason other than the failure by City to make
payments called upon when due, and
b. shall fail to take such steps to remedy such default within ten (10)
days after written notice thereof from City; or
5. If Contractor
a. shall commit a substantial default under any of the terms,
provisions, conditions, or covenants contained herein; or
b. shall fail to take such steps to remedy such default within ten (10)
days after written notice thereof from City.
In the event of such termination, the Contractor shall only be paid its reimbursable
costs incurred prior to the effective date of the termination notice and shall not be
entitled to receive any further fixed fee payments hereunder and shall be further
subject to any claim City may have against the Contractor under other provisions
of this agreement or as a matter of law, including the refund of any overpayment
of reimbursable costs and/or fixed fee.
If this Contract is terminated for cause, the City shall have the right but shall not
be obligated to complete the work itself or by others; and to this end, the City
shall be entitled to take possession of and use such equipment and materials as
may be on the job site, and to exercise all rights, options, and privileges of the
Contractor under its subcontracts, purchase orders, or otherwise; and the
Contractor shall promptly assign such rights, options and privileges to the City. If
the City elects to complete the work itself or by others, pursuant to the foregoing,
the Contractor will reimburse the City for all costs incurred by the City
(including, without limitation, applicable, general, and administrative expenses,
and field overhead, and the cost of necessary equipment, materials, and field
labor) in correcting work by Contractor that fails to meet contract requirements.
Nothing contained in the preceding sections shall require the City to pay for any
work that is unsatisfactory as determined by the Director or that is not submitted
in compliance with the terms of this Contract. The City shall not be required to
make any payments to the Contractor when the Contractor is in default under this
Contract, nor shall this Article constitute a waiver of any right, at law and at
equity, which the City may have if the Contractor is in default, including the right
to bring legal action for damages or to force specific performance of this Contract.
COOPARKING - QC.doc
GC-4 7 Revised -2002
11.02 Termination for Convenience
In connection with the work outlined in the Contract, it is agreed and fully
understood by the Contractor that the City may cancel or indefinitely suspend
further work hereunder or terminate this Contract either for cause as outlined
above, or for the convenience of the City, upon fifteen (15) days written notice to
Contractor, with the understanding that immediately upon receipt of said notice
all work and labor being performed under this Contract shall cease. The
Contractor shall invoice the City for all work satisfactorily completed and shall be
compensated in accordance with the terms of this Contract for work accomplished
prior to the receipt of said notice. No amount shall be due for lost or anticipated
profits.
After receipt of a notice of termination and acceptance otherwise directed by the
City, the Contractor shall, in good faith, and to the best of his ability, do all things
necessary, in the light of such notice and of such request and implementation
thereof as the City may make to ensure the efficient proper closeout of the
terminated work (including the protection of City property). Among other things,
the Contractor shall, except as otherwise directed or approved by the City:
1. Stop the work on the date and to the extent specified in the notice of
temrination.
2. Place no further orders for subcontracts for services, equipment or
materials, except as may be necessary for completion of such portion of
the work as is not terminated.
3. Terminate all orders and subcontracts to the extent that they relate to the
performance of the work terminated by the notice of termination.
4. Assign to the City, in the manner and to the extent directed by it, al right
title, and interest of the Contractor under the orders or subcontracts so
terminated; in which case, the City shall have the right to settle or pay any
or all claims arising out of such termination of such orders and/or
subcontracts.
5. With the approval of the City, settle all outstanding liabilities and all
claims arising out of such termination or orders and subcontracts.
6. Deliver to the City all documents, property, plans, field surveys, maps,
cross sections and other data, designs and work related to the Project, all
of which shall become the property of the City upon termination of this
Contract, in a reasonably organized form, without restriction on future use.
Should the City subsequently contract with a new contractor for
continuation of services under this Project, the Contractor shall cooperate
in providing information.
7. In the event of such termination, no cost incurred after the effective date of
the notice of termination shall be treated as a reimbursable cost unless it
relates to carrying out the un- terminated portion or taking closeout
measures.
COOPARK[NG - GC.doc
GC-4 8 Revised -2002
5.0 SPECIAL CONDITIONS
SECTION 01- INFORMATION
01 -01 ENGINEER
01 -02 COPIES OF PLANS AND SPECIFICATIONS FURNISHED
spworximgthipeoe
The word "Engineer" in these Specifications shall be understood as referring
to the City of Round Rock, 221 East Main Street, Round Rock, Texas 78664,
Engineer of the Owner, or the Engineer's authorized representative to act in
any particular position for the Owner.
The Agreement will be prepared in not less than five (5) counterpart (original
signed) sets. Owner will furnish Contractor two (2) sets of conforming
Contract Documents and Specifications and four (4) sets of Plans free of
charge, and additional sets will be obtained from the Engineer at commercial
reproduction rates plus 20% for handling.
01 -03 GOVERNING CODES
All construction as provided for under these Plans and Specifications shall be
governed by any existing Resolutions, Codes and Ordinances, and any
subsequent amendments or revisions thereto as set forth by the Owner.
01-04 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME
The Contractor agrees that time is of the essence for this Contract and that the
definite value of damages which would result from delay would be incapable
of ascertainment and uncertain, so that for each day of delay beyond the
number of days herein agreed upon for the completion of the work herein
specified and contracted for, after due allowance for such extension of time
as is provided for under the provisions of Section 4.02 of the General
Conditions, the Owner may withhold permanently from the Contractor's total
compensation, not as penalty but as liquidated damages, the sum of $250.00
per calendar day.
01 -05 LOCATION
The location of work shall be as mentioned in the Notice to Bidders and as
indicated on Plans.
SC -1
01 -06 USAGE OF WATER
All water used during construction shall be provided by the City and shall be
metered. The City shall specify the location from which the Contractor is to
procure water. The Contractor shall be responsible for obtaining a bulk water
permit from the City and providing all apparatus necessary for procuring,
storing, transporting and using water during construction. The Contractor
shall strive to use that amount of water which is reasonable to perform the
work associated with this contract and shall endeavor to avoid excessive
waste. The Contractor will be required to pay for all water used if it is found
that unnecessary or excessive waste is occurring during construction.
01 -07 PAY ESTIMATES
If pay estimates from the Contractor are not received by the Engineer on or
before the time specified in Section 5.04 of the General Conditions, then the
pay estimate will not be processed and will be returned to Contractor.
SECTION 02- SPECIAL CONSIDERATIONS
02-01 CROSSING UTILITIES
Prior to commencing the work associated with this contract, it shall be the
Contractor's responsibility to make arrangements with the Owners of such
utility companies to uncover their particular utility lines or otherwise confirm
their location. Certain utility companies perform such services at their own
expense, however, where such is not the case, the Contractor will cause such
work to be done at his own expense.
02 -02 UTILITY SERVICES FOR CONSTRUCTION
The Contractor will be responsible for providing his own utility services while
performing the work associated with this contract. Provision of said utility
services shall be subsidiary to the various bid items and no additional payment
will be made for this item.
SC -2
02 -03 MINIMUM WAGE SCALE
02 -04 LIMIT OF FINANCIAL RESOURCES
02-05 CONSTRUCTION REVIEW
02-06 LIMITS OF WORK AND PAYMENT
Contractors are required to pay prevailing wage rates to laborers, workmen and
mechanics employed on behalf of the City engaged in the construction of
public works. The wage rate for these jobs shall be the general prevailing
wage rates for work of a similar character. This applies to Contractors and
Subcontractors. The Contractors and Subcontractors shall keep and make
available records of workers and their wages. Contractors and Subcontractors
shall pay the prevailing wage rates as adopted by the Owner. There is a
statutory penalty of $60.00 per worker per day or portion of a day that the
prevailing wage rate is not paid by the Contractor or any Subcontractor.
The Owner has a limited amount of financial resources committed to this
Project; therefore, it shall be understood by all bidders that the Owner may be
required to change and/or delete any items which he may feel is necessary to
accomplish all or part of the scope of work within its limit of financial
resources. Contractor shall be entitled to no claim for damages or anticipated
profits on any portion of work that may be omitted. At any time during the
duration of this contract, the Owner reserves the right to omit any work from
this contract. Unit prices for all items previously approved in this contract
shall be used to delete or add work per change order.
The Owner shall provide a project representative to review the quality of
materials and workmanship.
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.
SC -3
02 -07 PAYMENT FOR MATERIALS ON HAND
Owner will not pay for materials on hand. Payment will be made for work
completed in accordance with monthly estimate procedure stipulated in the
General Conditions of the Agreement.
02 -08 "AS- BUILT" DRAWINGS
The Contractor shall mark all changes and revisions on all of his copies of the
working drawings during the course of the Project as they occur. Upon
completion of the Project and prior to final acceptance and payment, the
Contractor shall submit to the Engineer one set of his working drawings, dated
and signed by himself and his project superintendent and labeled as "As-
Built", that shows all changes and revisions outlined above and that shows
field locations of all above ground appurtenances including but not limited to
valves, fire hydrants and manholes. These as -built drawings shall become the
property of the Owner. Each appurtenance shall be located by at least two (2)
horizontal distances measured from existing, easily identifiable, immovable
appurtenances such as fire hydrants or valves. Property pins can be used for
as- builts tie -ins provided no existing utilities as previously described are
available. Costs for delivering as -built drawings shall be subsidiary to other
bid items.
02 -9 LAND FOR WORK
Owner provides, as indicated on Drawings, land upon which work is to done,
right -of -way for access to same and such other lands which are designated for
use of Contractor. Contractor provides, at his expense and without liability of
Owner, any additional land and access thereto that may be required for his
construction operations, temporary construction facilities, or for storage of
materials.
02 -10 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES
speaoadrogiveas
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
SC-4
to be moved and have it moved. The costs of any utility relocations will be at
the Contractor's sole expense. Owner will not be liable for relocations costs
or damages on account of delays due to changes made by owners of privately
owned utilities which hinder progress of the work.
02 - 11 CONSTRUCTION STAKING
All construction staking required to complete the work associated with this
contract shall be provided by the Contractor. The Contractor shall be
responsible for determining the layout and extent of staking necessary to
construct the improvements to the lines and grades shown in the Plans. This
item shall not be paid for separately and shall be considered subsidiary to other
bid items.
SECTION 03- TRAFFIC CONTROL
SECTION 04- INSURANCE
Access shall be provided for the public and emergency vehicles at all possible
times. When it becomes necessary to restrict access, the Contractor shall
notify the Owner and coordinate with the Owner, all applicable agencies (IE.
Fire Department, EMS, Public Works, etc.),residents and affected parties. If
emergency access is required during the work and such access is being
hindered by the work, the Contractor will suspend work if necessary, and
otherwise endeavor to assist emergency personnel in accessing a location
restricted by the work. Unless otherwise directed by the Engineer, at the end
of each day two lanes of traffic shall be opened to the public. The Contractor
shall be responsible for all maintenance, signing and safety precautions
necessary for traffic control. This item shall be considered subsidiary to other
bid items and no additional compensation shall be given for complying with
this Special Condition.
Section 3.18 of the General Conditions of the Agreement is hereby amended
to include the following:
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:
SC -5
a. Statutory Worker's Compensation and minimum $100,000 Employers
Liability Insurance.
b. Commercial General Liability Insurance with minimum limits of
$500,000 per occurrence and $1,000,000 Aggregate or $500,000 for
this designated project and $100,000 Fire Damage.
c. Automobile Liability Insurance for all owned, nonowned and hired
vehicles with minimum limits for Bodily Injury of $250,000 for each
person and $500,000 for each occurrence and Property Damage limits
of $100,000 or Combined Single Limit of $600,000.
d. On all new or remodeling building projects: All Risk Builders Risk
Insurance for insurable building projects shall be insured in the amount
of the contract price for such improvements. Owner and Contractor
waive all rights against each other for damages caused by fire or other
perils to the extent covered by Builders Risk Insurance required under
this section, except as to such rights as they may have in the proceeds
of such insurance. Contractor shall require similar waivers by
Subcontractors and Sub - subcontractors.
e. Owner and Contractor's Protective Policy. The Contractor shall
provide and maintain during the life of this contract and until all work
under said contract has been completed and accepted by the Owner, an
Owner's and Contractor's Protective Policy which co- insures the Owner
and the Owner's agents and employees with the same Commercial
General Liability coverage as described above, entitled "Commercial
General Liability Insurance."
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.
SC -6
Contractor shall be responsible for deductibles and self insured receptions, if
any, stated in policies. Any self insured retention shall not exceed ten percent
of minimum required limits. All deductibles or self insured receptions shall
be disclosed on Certificate of Insurance required above.
Contractor shall not commence work at site under this Contract until he has
obtained required insurance and until such insurance has been reviewed by
Owner's Contract Administration Office. Contractor shall not allow any
Subcontractors to commence work until insurance required has been obtained
and approved. Approval of insurance by Owner shall not relieve or decrease
liability of Contractor hereunder.
Insurance to be written by a company licensed to do business in the State of
Texas at the time policy is issued and acceptable to owner.
Contractor shall produce an endorsement to each effected policy:
1. Naming City of Round Rock, 221 East Main Street, Round Rock,
Texas 78664 as additional insured (except Workers' Compensation and
Builders Risk).
2. That obligates the insurance company to notify Joanne Land, City
Secretary, City of Round Rock, 221 East Main Street, Round Rock,
Texas 78664 of any and all changes to policy 30 days prior to change.
3. That the "other" insurance clause shall not apply to Owner where City
of Round Rock is an additional insured shown on policy. It is intended
that policies required in this agreement, covering both Owner and
Contractor, shall be considered primary coverage as applicable.
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
SC -7
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.
SECTION 05- 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
SC -8
Heavy (excluding tunnels and dams) and Highway Construction Projects (does not include building
structures in rest area projects). *NOT TO BE USED FOR WORK ON SEWAGE OR WATER
TREATMENT PLANTS OR LIFT/PUMP STATIONS IN BELL, CORYELL, MCLENNAN AND
WILLIAMSON COUNTIES.
Modification Number
0
COUNTY(ies):
BELL CORYELL TRAVIS
BEXAR GUADALUPE WILLIAMSON
BRAZOS HAYS
COMAL MCLENNAN
SUTX2042A 11/16/1991
Rates Fringes
AIR TOOL OPERATOR 6.500
ASPHALT HEATER OPERATOR 6.500
ASPHALT RAKER 7.011
ASPHALT SHOVELER 6.550
BATCHING PLANT WEIGHER 8.173
BATTERBOUARD SETTER 7.700
CARPENTER 9.054
CONCRETE FINISHER -PAVING 8.600
CONCRETE FINISHER- STRUCTURES 7.903
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
Publication Date
03/15/1996
SC -9
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 '/z C.Y. 8.427
CRANE, CLAMSHELL, BACKHOE,
DERRICK, DRAGLINE, SHOVEL
1 '/z C.Y. &:OVER 9.880
FOUNDATION DRILL OPERATOR
CRAWLER MOUNTED 10.475
FOUNDATION DRILL OPERATOR 10.923
TRUCK MOUNTED
FRONT END LOADER 2' /z C.Y. & LESS 7.499
FRONT END LOADER OVER 2 ' C.Y. 8.255
HOIST - DOUBLE DRUM 10.750
MOTOR GRADER OPERATOR 9.657
PAVEMENT MARKING MACHINE 6.078
PLANER OPERATOR 7.250
ROLLER, STEEL WHEEL PLANT -MIX
PAVEMENTS 7.083
ROLLER, STEEL WHEEL OTHER
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
SC -10
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.
END OF GENERAL DECISION
SC -11
CLASSIFICATION
Rate
Health
Pension
Vacation
Total Wage
ASBESTOS WORKER
$8.78
$0.00
$0.00
$0.00
$8.78
CARPENTER
$15.52
$1.57
$0.97
$0.00
$18.06
CARPET LAYER/FLOORING INSTALLER
$8.00
$0.00
$0.00
$0.00
$8.00
CONCRETE FINISHER
$10.27
$0.00
$0.00
$0.00
$10.27
DATA COMMUNICATION/TELECOM INSTALLER
$12.08
$0.76
$0.50
$0.05
$13.39
DRYWALL INSTALLER/CEILING INSTALLER
$10.91
$0.00
$0.00
$0.00
$10.91
ELECTRICIAN
$17.44
$2.16
$1.05
$1.05
$21.70
ELEVATOR MECHANIC
$16.75
$3.85
$2.19
$1.50
$24.29
FIRE PROOFING INSTALLER
$8.00
$0.00
$0.00
$0.00
$8.00
GLAZIER
$13.60
$2.24
$1.15
$0.54
$17.53
HEAVY EQUIPMENT OPERATOR
$10.56
$0.00
$0.00
$0.00
$10.56
INSULATOR
$13.75
$1.16
$0.92
$0.03
$15.86
IRON WORKER
$12.18
$0.00
$0.00
$0.00
$12.18
LABORER/HELPER
$7.48
$0.02
$0.00
$0.00
$7.50
LATHER/PLASTERER
$12.50
$0.00
$0.00
$0.00
$12.50
LIGHT EQUIPMENT OPERATOR
$7.75
$0.00
$0.00
$0.00
$7.75
MASON
$16.00
$0.00
$0.00
$0.00
$16.00
METAL BUILDING ASSEMBLER
$11.00
$0.62
$0.00
$0.34
$11.96
MILLWRIGHT
$15.91
$L63
$1.00
50.00
$18.54
PAINTER/WALL COVERING INSTALLER
$8.00
50.00
$0.00
50.00
$8.00
PIPEFTTTER
$18.10
51.42
51.80
$0.00
$21.32
PLUMBER
512.68
$0.00
50.00
$0.00
$12.68
ROOFER
510.00
$0.00
50.00
$0.00
$10.00
SHEET METAL WORKER
518.40
$2.39
52.55
$0.33
523.67
SPRINKLER F11IhR
$18.25
$3.40
$2.20
$0.00
$23.85
TERRAZZO WORKER
$0.00*
$0.00
$0.00
$0.00
$0.00*
TILE SETTER
$15.00
50.32
$0.00
$0.00
$15.32
WATERPROOFER/CAULKER
$10.64
50.00
50.00
$0.00
$10.64
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COUNTY NAME: WILLIAMSON
PREVAILING WAGE RATE DETERMINATION
BUILDING CONSTRUCTION TRADES
SC
Date Printed: April 15,1997
*$0.00 in the rate field indicated insufficient data was received to determine a prevailing wage rate for this
classification. Government Code Title 10, Sec. 2258.023, paragraph C state: "A contractor or subcontractor does
not violate this section if a public body awarding a contract does not determine the prevailing wage rates and specify
the rates in the contract as provided in Section 2258.022.
(Property of General Services Commission, Based on 1996 Survey results)
6.0 TECHNICAL SPECIFICATIONS
ITEM 1 GENERAL DESCRIPTION
1.01 SCOPE OF WORK
The work covered by these Specifications consists of furnishing all labor,
equipment, appliances, materials and performing all operations in connection
with the street maintenance improvements, complete in accordance with the
Plans, and subject to the terms and conditions of the Contract Documents.
1.02 GOVERNING TECHNICAL SPECIFICATIONS
TECHSPEC. -ph2.w dfk
STREET. WATER. SEWER AND DRAINAGE IMPROVEMENTS
The current City of Austin Standard Specifications ( latest version up to and
including November 26, 2001 ) 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 Technical
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 be
construed to mean the City of Round Rock.
Copies of the City of Austin Standard Specifications that pertain most to the
work contemplated under this project are attached at the end of this section for
ease of reference.
NOTE:
The item designations shown in parentheses adjacent to captions herein is a
reference to the City of Austin Standard Specifications. The specifications
herein may modify City of Austin Standard Specifications for this project
and it is recommended that the Contractor read the specifications herein
carefully.
TS -1
ITEM 2 CONTROL OF WORK
2.01 CLEAN -UP
2.01.1 CONSTRUCTION SITE
During construction the Contractor shall keep the site free and clean from all
rubbish and debris and shall clean -up the site promptly when notified to do so
by the Engineer.
2.01.2 BACK WORK
2.02 GRADING
TECHSPEC.- ph2wpdfk
The Contractor shall, at his own expense, maintain streets, roads and drives
free from dust, mud, excess earth or debris which constitutes a nuisance or
danger to the public using said facilities, or the occupants of adjacent
properties.
Care shall be taken to prevent spillage on streets and roads over which hauling
is done, and any such spillage or debris deposited on said facilities, due to the
Contractor's operations, shall be immediately removed.
The Contractor shall coordinate his operations in such a manner as to prevent
the amount of clean-up and completion of back works from becoming
excessive. Should such a condition exist, the Engineer may order all or
portions of the work to cease and refuse to allow any work to commence until
the back work is done to the Engineer's satisfaction.
The Contractor shall do such grading in and adjacent to the construction area
associated with this contract as may be necessary to leave such areas in a neat
and satisfactory condition approved by the Engineer.
TS -2
ITEM 3 EXAMINATION AND REVIEW
3.01 EXAMINATION OF WORK
TECHSPEC.- ph2.wpdJlk
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.
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.
TS-3
ITEM 4 PROTECTION AND PRECAUTION
4.01 WORK IN FREEZING WEATHER
Portions of the work may continue as directed by the Engineer.
4.02 PROTECTION OF TREES. PLANTS AND SHRUBS
TECHSPEC.- ph2wpdrtk
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
overnight. No separate pay will be made for this item. Costs for this item
shall be subsidiary to other items of work. The Contractor shall submit a
Traffic Control Plan sealed by an Engineer licensed by the State of Texas
prior to the proiect preconstruction conference. depicting adequate traffic
control measures for each item of the work.
4.04 PROPERTY LINES AND MONUMENTS
The Contractor shall be responsible for the protection, reference and resetting
of property comer 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.
TS-4
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ITEM 5 MATERIALS
1 5.01 TRADE NAMES
Except as specified otherwise, wherever in the specifications an article or class
of material is designated by a trade name or by the name or catalog number of
any maker, patentee, manufacturer, or dealer, such designations shall be taken
as intending to mean and specify the articles described or another equal thereto
in quality, finish, and serviceability for the purpose intended, as may be
determined and judged by the Engineer in his sole discretion.
5.02 MATERIALS AND WORKMANSHIP
No material which has been used by the Contractor for any temporary purpose
whatever is to be incorporated in the permanent structure without the written
consent of the Engineer. Where materials or equipment are specified by a
trade or brand name, it is not the intention of the owner to discriminate against
an equal product of another manufacturer, but rather to set a definite standard
of quality for performance, and to establish an equal basis for the evaluation
of bids. Where the words "equivalent ", "proper" or "equal to" are used, they
shall be understood to mean that the item referred to shall be "proper ", the
"equivalent" o1 or "equal to" some other item, in the opinion or judgement of
the Engineer. Unless otherwise specified, all materials shall be the best of
their respective kinds and shall be in all cases fully equal to approved samples.
Notwithstanding that the words "or equal to" or other such expressions may
be used in the specifications in connection with a material, manufactured
article or process, the material, article or process specifically designated shall
be used, unless a substitute is approved in writing by the Engineer, and the
Engineer will have the right to require the use of such specifically design :red
material, article or process.
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TECHSPEC.- ph2.wpd,k TS-5
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ITEM 6
TECHS ph2.wpdAk
EXISTING SHRUBS AND TREES
It is the intent of the Owner to preserve as many existing trees and shrubs in
and around the construction area as possible. The Contractor shall not
remove, trim or otherwise disturb existing trees and shrubs unless otherwise
directed by the Engineer. The Contractor, at his sole expense and without
compensation from the Owner, shall be responsible for replacing all trees
and shrubs damaged where in the opinion of the Engineer, such damage
was avoidable.
When directed by the Engineer, the Contractor shall carefully excavate
existing shrubs that conflict with proposed construction and properly re-
plant said shrubs within the right -of -way in a location determined by the
Engineer after he has conferred with the respective property owner. The
Contractor will not be responsible for guaranteeing the success of the re-
planted shrubs provided he has exercised proper care and followed
appropriate re- planting procedures. No separate pay will be made for this
item.
Costs for this item shall be subsidiary to other items of work. All shrubs
unduly damaged during excavation or re- planting shall be replaced at the
Contractor's sole expense without compensation from the Owner.
ITEM 7 CONSTRUCTION AND TRAFFIC CONTROL WITHIN HIGHWAY
RIGHT -OF -WAY
All construction performed, all traffic controls and all warning signs within
any right -of -way of the State of Texas shall be in accordance with any
rules, regulations and policies of the State Department of Highways and
Public Transportation.
ITEM 8 MAIL BOXES
TS-6
TECHSPEC.- ph2wpdfk
The Contractor shall temporarily relocate all mail boxes that are in conflict
with construction activities. Mail boxes that are temporarily relocated shall
be erected in an upright position and shall be sufficiently anchored to
prevent them from being easily tipped or blown over, lifted or removed.
The temporary location of all mail boxes shall be outside the construction
area and shall be readily accessible for mail delivery and retrieval. The
temporary location of mail boxes and the means and methods of installation
shall be subject to the approval of the Engineer.
As soon as practical during or after construction, all mail boxes temporarily
relocated shall be permanently reinstalled. Mail boxes shall be installed in
the same respective location that they were in prior to construction, unless
otherwise requested by the property owner. However, all mail boxes shall
be installed according to postal regulations regardless of the installation
prior to construction.
The City of Round Rock may allow the various property owners the option
of replacing their existing mail boxes. In such cases, the property owner
will be responsible for purchasing and providing a new mail box to the
Contractor who will permanently install the new box and will be
responsible for discarding the old box. Property owners exercising such
option shall provide a new mail box that requires installation, in the opinion
of the Engineer, that is similar to that of the mail box it is intended to
replace.
Mail boxes damaged by the Contractor shall be repaired or replaced as
directed by the Engineer and at the Contractor's sole expense without
additional compensation from the Owner.
Temporary relocation and installation of existing mail boxes, discarding of
old mail boxes (where applicable), and permanent installation of existing or
new mail boxes (where applicable), will not be measured and paid for
separately. Costs for these items shall be subsidiary to other items of work.
TS -7
ITEM 9 TWO COURSE SURFACE TREATMENT (ITEM 32051
9.01 DESCRIPTION (320S.1)
This item shall govem the construction of a wearing surface composed of a
double application of asphaltic material, each covered with aggregate,
constructed on existing pavements, a prepared base course or surface in
accordance with these specifications.
This specification is applicable for projects or work involving either inch-
pound or SI units. Within the text, the inch -pound units are given
preference followed by SI units shown within parentheses.
9.02 Submittals (320S.2)
The submittal requirements of this specification item include:
A. Recommended design mix (asphaltic material, aggregate type, modifier
type and %)
B. Test results on the asphaltic material (Viscosity, penetration, solubility,
ductility, stability, distillation test, residue tests, etc.).
C. Test results on the aggregate (gradation and percent wear).
D. Characteristics (i.e. manufacturer, rate of application, speed, etc.) of the
proposed distributor and aggregate spreader.
E. List of facilities and equipment proposed for temperature
measurements.
F. List of facilities and equipment proposed for storage and handling of
asphaltic materials.
TECHSPEC.-ph2.wpd1k
TS-8
Property
AC-SBS
Blend
AC -15P
Minimum SBS Block Copolymer Content,
percent by weight OR determination).
3.0
Penetration, 100 g, 5 sec, 77 F: min.
100
max.
150
Viscosity, 140 F, poise, minimum.
1500
Viscosity, 275 F, poise, maximum.
8.0
Ductility, 39.2 F, 5 cm/min, cm,
minimum.
40
Retained Penetration Ratio min.
0.60
(TFOT Residue Pen. 77 F) max.
1.00
(Original Pen, 77 F)
Separation of Polymer, 325 F, 48 hrs. *
None
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9.03 Materials (320S.3)
All material shall be of the type(s) and grade(s) shown herein and shall
conform to the pertinent material requirements for the following items:
A. Asphaltic Materials
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For this project, Item Number 301, "Asphalts, Oils and Emulsions,"
of the Standard Specifications, is hereby amended with respect to the
clauses cited below, and no other clauses or requirements of this Item
are waived or changed hereby.
The asphaltic material specified for the City of Round Rock Seal Coat
Project is a Polymer Modified Asphalt Cement AC -15P. When tested
according to Texas Highway Department Test Methods, this material shall
meet the applicable requirements of this section.
Article 301.2. " Materials" is supplemented by the following:
Styrene - Butadiene Styrene (SBS) Rubber Modified Asphalt
Cement(AC -15P) shall be used for the Seal Coat Project. This material shall
consist of an asphalt cement to which has been added a minimum of three
percent by weight styrene - butadiene block copolymer.
The SBS block copolymer may be pre - blended with a rubber
processing oil (up to a 1:1 ratio of rubber to oil) to aid in solution of the
rubber in the asphalt.
The finished asphalt - rubber blend shall be smooth and homogeneous
and shall comply with the following requirements:
TECHSPEC.- ph2.wpdltk
Material
AC-15P
TS -9
Use
Surface Treatments
TYPE -GRADE
APPLICATION, F*
STORAGE MAXIMUM, F*
Recommended Range /Maximum Allowable
AC - 15P
300 -375 375
360 **
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* A 350 gram sample of the asphalt -SBS blend is stored for 48 hours at 325
F. Upon completion of storage time the sample is visually examined for separation
of polymer from the asphalt (smoothness and homogeneity). If a question still
exists about the separation of polymer a sample will be taken from the top and
bottom for infrared Spectroscopy analysis to determine actual polymer contents. A
difference of 0.4% or more between top and bottom concentration levels
constitutes separation.
Article 301.3. "Storage, Heating and Application Temperatures" is
supplemented by the following:
*Manufacturer's instructions regarding recommend application and storage
temperatures supercede those shown. In any case, the heating, storage and
application temperatures used shall be the lowest temperatures practical. Follow
manufacturers instructions for any agitation requirements in storage. Maximum
temperature for storage by the asphalt supplier or the Contractor shall be 380 F. For
AC-15P designated for surface treatment work, the temperature may be increased
to a maximum of 375 F by the supplier loading through an in -line heater, or with the
Engineers permission, these materials may be heated to a maximum of 375 F by the
Contractor just prior to application.
B. Aggregate
The aggregate materials shall conform to Item No. 302S, "Aggregate
for Surface Treatments" as follows:
1. First Course
Tube B Grade 8
2. Second Course
Type B Grade 4
C. Temporary Pavement Markings
Temporary pavement markings shall conform to Item No. 864S, "Abbreviated
Pavement Markings ".
TECHSPEC.- ph2.wpdtk
TS-1 0
9.04 Construction Methods (320S.4)
Prior to commencement of this work, all required erosion control and tree protection
measures shall be in place and the utilities located and protected as specified in the
City of Austin Standard Contract Documents, Section 00700, "General Conditions ".
Construction equipment shall not be operated within the drip line of trees unless
otherwise indicated. Construction materials shall not be stockpiled under the canopies
of trees. Excavation or embankment materials shall not be placed within the drip line
of trees until tree wells are constructed.
When Polymer modified asphalt cement is specified, the two course surface
treatment shall be applied when the air temperature is above 70 °F (21 and
rising. Air temperature shall be taken in the shade and away from artificial heat. The
two course surface treatment shall not be applied when the temperature of the
roadway surface is below 70 ° F(21 ° C).
Asphaltic material shall not be placed when general weather conditions, in the opinion
of the Engineer or designated representative, are not suitable.
The area to be treated shall be cleaned of dirt, dust or other deleterious matter by
sweeping or other approved methods. If deemed necessary by the Engineer or
designated representative, the surface shall be lightly sprinkled just prior to the first
application of asphaltic material.
The Contractor shall be responsible for the proper preparation of all stockpile areas
before aggregates are placed thereon, including leveling, cleaning of debris
necessary for protection of the aggregate to prevent any contamination thereof and
clean up of any stockpile area at the completion of the work.
All storage tanks, piping, retorts, booster tanks and distributors used in storing or
handling asphaltic materials shall be kept clean and in good operating condition at all
times and shall be operated in such manner that there will be no contamination of the
asphaltic material with foreign material. It shall be the responsibility of the Contractor
to provide and maintain in good working order a recording thermometer at the storage
heating unit at all times.
Application temperatures will be determined by weather conditions within the limits
recommended in Specification Item 301, "Asphalts, Oils and Emulsions ", as
determined by the Engineer or designated representative.
The Contractor shall provide all necessary facilities for determining the
temperature of the asphaltic material in all of the heating equipment and in the
distributor for determining the rate at which it is applied and for securing
uniformity at the junction of two distributor loads. The distributor shall have
been calibrated within three (3) years from the date it is first used on this
project. The Contractor shall fumish the Engineer or designated representative
with an accurate and satisfactory record of such calibration. After beginning
the work, should the rate of the asphaltic material appear to be inappropriate,
TECHSPEC.- ph2.wpdAlc
TS -11
the distributor shall be adjusted to provide a satisfactory rate before proceeding
with the work.
When a uniform application of asphaltic material is not being achieved, the
Engineer or designated representative may require that the Contractor provide
an operator at the rear of the distributor to manually control the spray bar
operations.
No traffic or hauling will be permitted over the freshly applied asphaltic
material. The asphaltic material shall not be applied until immediate covering
is assured.
A. First Course
Asphaltic material for the first course shall be applied on the clean
surface by an approved type of self- propelled pressure distributor so
operated as to distribute the material, evenly and smoothly, under a
pressure necessary for proper distribution at a rate of 0.30 to 0.35
gallons per square yard or as directed by the Engineer or designated
representative.
Aggregate for the first course shall be immediately and uniformly applied
and spread by an approved self- propelled continuous feed aggregate
spreader, unless otherwise indicated or authorized by the Engineer in
writing. The aggregate shall be applied at the approximate rate of 15
to 20 lbs. per square yard or as directed by the Engineer or designated
representative. The Contractor shall be responsible for the maintenance
of the surface of the first course until the second course is applied.
The entire surface shall then be broomed, bladed or raked as required by
the Engineer and shall be thoroughly rolled in accordance with
Specification Item 230S, "Roiling (Flat Wheel)° with power rollers of the
three -wheel or tandem, self - propelled type, weighing not less than 3 tons
(2.7 megagrams) nor more than 8 tons (5.4 megagrams). AU wheels shall
be flat.
TECHSPEC.- ph2.wpd)k
In lieu of the rolling equipment specified, the Contractor may, upon written
permission from the Engineer or designated representative, operate other
compacting equipment that will produce equivalent relative compaction in
the same period of time as the specified equipment. If the substituted
compaction equipment fails to produce the desired compaction within the
same period of time as would be expected of the specified equipment, as
determined by the Engineer or designated representative, its use shall be
discontinued. Rollers shall be maintained in good repair and condition and
shall be approved by the Engineer or designated representative prior to
their use.
TS -12
B. Second Course
It is the intent of this specification that the application of asphalt and
aggregate for the second course be applied within the same day or
immediately thereafter and prior to opening the roadway to traffic.
The second course shall consist of asphaltic material and aggregate
applied and covered in the manner specified for the first application. The
surface shall then be broomed, bladed or raked as required by the
Engineer or designated representative and thoroughly rolled in
accordance with Standard Specification Item 232S, "Rolling (Pneumatic
Tire)" with a pneumatic tire roller. Asphaltic materials for the second
course shall be applied at the rate of 0.35 to 0.40 gallons per square
yard or as directed by the Engineer or designated representative.
Aggregate for the second course shall be applied at the rate of 14 to
18 lbs. per square yard (7.5 to 10 kilograms per square meter) or as
directed by the Engineer or designated representative.
The Contractor shall be responsible for the maintenance of the surface
treatment until the work is accepted by the Engineer or designated
representative. All holes or failures in the surface shall be repaired by use
of additional asphalt and aggregate. All fat or bleeding surfaces shall be
covered with approved cover material in such a manner that the asphaltic
material will not adhere to or be picked up by the wheels of vehicles.
Temporary pavement markings shall be placed in accordance with Item No.
864S, "Abbreviated Pavement Markings ".
9.05 Measurement (320S.51
A "Two Course Surface Treatment" application shall be measured by the
square yard ( lsquare meter equals 1.196 square yards)of completed and
accepted two- course surface treatment).
9.06 Payment (320S.6)
The work performed and the materials fumished as prescribed by this item and
measured as provided under " Measurement" will be paid at the unit price bid
for Two Course Surface Treatment. The price shall include full compensation
for a) preparing, cleaning and sprinkling the surface to be treated; fumishing,
preparing, hauling and placing all materials and rolling. b) all freight involved;
c) all manipulations, labor, tools, equipment, cleanup and temporary pavement
markers and d) all incidentals necessary to complete the work.
Payment will be made under the following:
Two Course Surface Treatment Per Square Yard
TECHSPEC.- phawpdrtk
TS-13
ITEM 10.0 TRAFFIC CONTROL FACILITIES
The Contractor shall notify all abutting residents and owners
along the street a minimum of 24 hours prior to the Seal Coat
operation.
Prior to the preconstruction conference, the contractor shall provide a Traffic
Control Plan (TCP) prepared by a licensed engineer subject to the review and
acceptance of the Engineer, showing all barricades, signs and other types of
devices necessary for traffic control during seal coat operations and as
necessary following seal coat application. "Road Work Ahead ", "One Lane
Road Ahead ", Flagged Ahead ", Be Prepared to Stop ", "Loose Gravel", "No
Center Stripe", "Next _ Miles", "End Road Work ", "Slow", "Stop ", advisory
speed limit and other signs shall be installed in appropriate locations. All traffic
control devices shall be in conformance with the Texas Manual of Uniform
Traffic Control Devices (TMUTCD).
Adequately marked pace cars shall be provided as part of the TCP to control
traffic in areas where roads must be reduced to one lane and to keep traffic at
speeds of 25 mph or less on new chip seal surfaces for a minimum of one hour
following final rolling.
Flagmen shall be provided as necessary.
No lanes of any roadway shall be closed or remain closed before 9:00 a.m. or
after 4:00 p.m. CST.
Short tens pavement marking tabs shall be installed to mark roadway center
lines and / or lane lines until standard pavement markings are placed, at which
time the short tens markings shall be removed.
Preparing the TCP, providing pace cars, providing short term pavement marking
tabs, providing Flagmen, installing, moving, replacing, maintaining, cleaning and
removing upon completion all barricades, signs, cones, lights and other devices
for traffic control shall not be measured and paid for separately. Costs for these
items shall be subsidiary to price bid for Two Coarse Surface Treatment.
ITEM 11 THERMOPLASTIC PAVEMENT MARKINGS (ITEM 8611
TECHSPEC.- ph2.wpMk
Prior to the preconstruction conference, the Contractor shall
provide a Traffic Control Plan (TCP) prepared by a licensed
Engineer, showing all signs, barricades and other devices
necessary for traffic control during placement of pavement
TS -14
markings. All traffic control devices shall be in conformance with
TMUTCD. Providing and implementing the traffic control plan
shall not be measured and measured and paid for separately.
Costs for this item shall be subsidiary to price bid for Pavement
Markings
11.01 MEASUREMENT AND PAYMENT (ITEM 861.7 AND
861.8)
TECHSPEC.- ph2.wpdit
Thermoplastic pavement markings (reflectorized) shall be measured
and paid for by the equivalent length of 4 -inch width stripe, white or
yellow, per linear foot.
TS -15
7.0 PLANS AND NOTES
GENERAL NOTES
1. All construction shall be in accordance with the City of Austin Standard Construction
Specifications as adopted and amended by the City of Round Rock.
2. If blasting is planned by the Contractor, a blasting permit must be secured from the City of
Round Rock prior to commencement of any construction. Blasting will not be permitted
within 15 feet of any existing utility lines or structures without prior written consent of the
Engineer.
3. Any existing utilities, pavement, curbs, sidewalks, structures, trees, etc., that are damaged or
removed shall be repaired or replaced by the Contractor at no cost to the Owner.
4. The Contractor shall verify all depths and locations of existing utilities prior to any
construction. Any discrepancies with the construction plans found in the field shall be brought
immediately to the attention of the Engineer.
5. Manhole frames, covers, valves, cleanouts, etc. shall be raised to finished grade prior to final
paving construction.
6. The Contractor shall give the City of Round Rock 48 hours notice before beginning each
phase of construction. Telephone 218 -5555 (Public Works Department).
7. All areas disturbed or exposed during construction shall be revegetated. Revegetation of all
disturbed or exposed areas shall consist of sodding
8. Prior to any construction, the Contractor shall convene a preconstruction conference between
the City of Round Rock, himself the Engineer, other utility companies, any affected parties
and any other entity the City or Engineer may require.
9. The Contractor and the Engineer shall keep accurate records of all construction that deviates
from the plans. The Engineer shall furnish the City of Round Rock accurate "As- Built"
drawings following completion of all construction. These "As- Built" drawings shall meet with
the satisfaction of the Public Works Department prior to final acceptance.
10. The Round Rock City Council shall not be petitioned for acceptance until all necessary
easement documents have been signed and recorded.
11. When construction is being carried out within easements, the Contractor shall confine his
work to within the permanent and any temporary easements. Prior to final acceptance, the
Contractor shall be responsible for removing all trash and debris within the permanent and
PN -1
13.
temporary easements. Clean up shall be to the satisfaction of the Engineer.
12. Prior to any construction, the Contractor shall apply for and secure all proper permits from
the appropriate authorities.
Bid Item No. 2: Pavement repair, shall consist of sawcutting, excavating the existing
pavement to a depth of 8 inches, compacting the remaining base or sub grade, installing in
two (2) four (4) inch lifts, a Type A or Type B hot mix asphaltic concrete base course. The
actual areas to be repaired shall be as laid out by the Engineer in the field and are apparent
and visible as failure areas. The finished surface of the repaired area and the repaired
area/existing surface interface shall exhibit a smooth vehicular ride. This item will be
measured by the square yard of surface area of repaired pavement and will be paid for under
bid item "Pavement Repair"
Prior to the preconstruction conference the contractor shall submit a traffic control plan
(TCP) prepared by a licensed Engineer showing all traffic control devices/ measures to be
provided during pavement repairs. Said devices/ measures shall conform to Texas Manual of
Uniform Traffic Control Devices. Provisions and implementation to the (TCP) shall not be
measured and paid for separately. Costs for this item shall be subsidiary to price bid for
"pavement repair". Generally speaking, no repair area will be less than 25 square yards.
PN -2
PLAN SHEET
STREET MAINTENANCE PROGRAM
PHASE 1/SEAL COAT 2003
• PAVEMENT REPAIR, TWO
•
COURSE SURFACE
TREATMENT AND PAVEMENT
. • STRIPING FOR CO.RD.113
FROM FM 1460 TO CO.RD.122
JOSEPH 5t
„; . •
-i 4_ •
:.
:1 ttv • :
S/GRAP ICS/STREET MAOS/CR1 T 7 IS 03 RLR
PAVEMENT REPAIR, TWO
COURSE SURFACE
TREATMENT AND PAVEMENT
STRIPING FOR CO.RD.113
FROM FM 1460 TO CO.RD.122
STREET MAINTENANCE PROGRAM
PHASE 1 /SEAL COAT 2003
+m R- 03 -08- 1 -14
Impr Amendment t, to the Dell Diagmond /United Hexltagc Ctc,
lm p�ovemen
RESOLUTION NO. R- 03- 08- 14 -14E3
WHEREAS, by Resolution No. 03- 06- 12 -10G1 the City Council
authorized the execution by the Mayor of an Agreement Regarding Phase
I Improvements to the Dell Diamond /United Heritage Center ( "Agreement ")
with Round Rock Baseball, Inc. ( "RRB "), and
WHEREAS,the parties now desire to enter a First Amendment to the
Agreement, 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 the First Amendment to Agreement Regarding Phase I
Improvements to the Dell Diamond /United Heritage Center with Round Rock
Baseball, Inc., a copy of same being attached hereto as Exhibit "A" and
incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
RESOLVED this 14th day of August, 2003.
ST:
CHRISTINE R. MARTINEZ, City Secr ary
v!PFOeektop \::On1fA /WORL00X /0 :/W00% /RESOLUIT /R30019E3, WPO /SC
53668
FIRST AMENDMENT TO AGREEMENT
REGARDING PHASE I IMPROVEMENTS TO
THE DELL DIAMOND/UNITED HERITAGE CENTER
Dated as of August 14, 2003
between
CITY OF ROUND ROCK, TEXAS
as the City
and
ROUND ROCK BASEBALL, INC.
as RRB
EXHIBIT
II All
FIRST AMENDMENT TO AGREEMENT
REGARDING PHASE I IMPROVEMENTS TO
THE DELL DIAMOND/UNITED HERITAGE CENTER
This First Amendment to Agreement Regarding Phase I Improvements to the Dell
Diamond/United Heritage Center is made by and between the CITY OF ROUND ROCK, TEXAS,
(the "City") and ROUND ROCK BASEBALL, INC., ( "RRB "). The City and RRB collectively
are referred to herein as the "Parties."
WHEREAS, the City and RRB executed an Agreement Regarding Phase I Improvements
to the Dell Diamond/United Heritage Center, hereinafter called the "Agreement," on the 12 day of
June, 2003 to set forth the respective rights and obligations of the Parties with respect to the Phase
I Improvements to the Dell Diamond/United Heritage Center; and
WHEREAS, it has become necessary to amend the Agreement to extend the date to provide
for an acceptable GMP, and to provide that RRB may contribute materials in lieu of cash;
NOW THEREFORE, premises considered, the City and the RRB agree that said Agreement is
amended as follows:
I.
Section 5.1 of the Agreement shall be amended to read as follows:
Section 5.1 Conditions to RRB's Obligations to Perform. It shall be a condition
precedent to the performance of RRB's obligations under this Agreement that on or before
September 9, 2003, an acceptable GMP (as defined in Section 7.1 below) shall have been agreed to
by the Parties.
II.
Article 9, RRB's Contribution of the Agreement shall be amended to read as follows:
ARTICLE 9
RRB'S CONTRIBUTION
Section 9.1 RRB's Contribution. Concurrent with the execution hereof, RRB agrees to
deposit with the City its cash deposit of $50,000, to be applied to Project Design Costs. Except as
provided in Section 9.2 below, prior to Construction Contract Execution, RRB agrees to deposit
with the City an additional cash contribution in the amount of $750,000.00, or the total Project
Design Costs ply the amount of the GMP (which for the purposes of this calculation is estimated
to be $1,500,000.00) 1g the City's Contribution, less the $50,000.00 previously deposited for
Project Design Cost, whichever amount is more, herein referred to as the "RRB Contribution."
2
,fie a) a rid.
Section 9.2 Contributi o aterials. In lieu of cash for the RRB Contribution, RRB
shall have the option of contributin .materials to the Project Costs.. It is anticipated that RRB will
purchase with its own funds the structural steel, pre -cast concrete, and other materials necessary
for the Project. In that event, RRB shall be entitled to deduct from its obligation to deposit cash for
the RRB Contribution, the sum ofmoney equal to the cost of said materials so provided and paid for
by RRB.
Except for the amendments contained herein, the Parties agree that all other provisions of the
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, this First Amendment to the Agreement has been executed and effective
on August 14, 2003.
CITY OF ROUND ROCK, TEXAS ROUND ROCK BASEBALL, INC.
By: By:
Nyle Maxwell, Mayor Reid Ryan, President
3
DATE: August 8, 2003
SUBJECT: City Council Meeting - August 14, 2003
ITEM: 14.E.3. Consider a resolution authorizing the Mayor to execute a
First Amendment to Agreement Regarding Phase I
Improvements to the Dell Diamond /United Heritage Center
with Round Rock Baseball, Inc.
Resource: Tom Word, Chief of Public Works Operations
Larry Madsen, Construction Manager
History:
Funding:
Cost: N/A
Source of Funds: N/A
Outside Resources: N/A
Impact /Benefit: N/A
Public Comment: N/A
Sponsor: N/A
Amendment one amends Section 5.1 of the agreement changing
the date of the guaranteed maximum price to be established
and agreed on by both parties by September 9, 2003. Sections
9.1 and 9.2 are amendments dealing with the contribution of
Round Rock Baseball deposit of funds with the City. Round Rock
Baseball, in lieu of cash, shall have the option of contributing
materials to the Project Costs.
FIRST AMENDMENT TO AGREEMENT
REGARDING PHASE I IMPROVEMENTS TO
THE DELL DIAMOND/UNITED HERITAGE CENTER
53668
R D3- D8 - ly- J463
Dated as of August 14, 2003
between
CITY OF ROUND ROCK, TEXAS
as the City
and
ROUND ROCK BASEBALL, INC.
as RRB
FIRST AMENDMENT TO AGREEMENT
REGARDING PHASE 1 IMPROVEMENTS TO
THE DELL DIAMOND/UNITED HERITAGE CENTER
This First Amendment to Agreement Regarding Phase I Improvements to the Dell
Diamond/United Heritage Center is made by and between the CITY OF ROUND ROCK, TEXAS,
(the "City ") and ROUND ROCK BASEBALL, INC., ( "RRB "). The City and RRB collectively
are referred to herein as the "Parties."
WHEREAS, the City and RRB executed an Agreement Regarding Phase I Improvements
to the Dell Diamond/United Heritage Center, hereinafter called the "Agreement," on the 12' day of
June, 2003 to set forth the respective rights and obligations of the Parties with respect to the Phase
I Improvements to the Dell Diamond/United Heritage Center; and
WHEREAS, it has become necessary to amend the Agreement to extend the date to provide
for an acceptable GMP, and to provide that RRB may contribute materials in lieu of cash;
NOW THEREFORE, premises considered, the City and the RRB agree that said Agreement is
amended as follows:
I.
Section 5.1 of the Agreement shall be amended to read as follows:
Section 5.1 Cond to RRB's Obligations to Perform. It shall be a condition
precedent to the performance of RRB's obligations under this Agreement that on or before
September 9, 2003, an acceptable GMP (as defined in Section 7.1 below) shall have been agreed to
by the Parties.
II.
Article 9, RRB's Contribution of the Agreement shall be amended to read as follows:
ARTICLE 9
RRB'S CONTRIBUTION
Section 9.1 RRB's Contribution. Concurrent with the execution hereof, RRB agrees to
deposit with the City its cash deposit of $50,000, to be applied to Project Design Costs. Except as
provided in Section 9.2 below, prior to Construction Contract Execution, RRB agrees to deposit
with the City an additional cash contribution in the amount of $750,000.00, or the total Project
Design Costs p the amount of the GMP (which for the purposes of this calculation is estimated
to be 51,500,000.00) less the City's Contribution, less the $50,000.00 previously deposited for
Project Design Cost, whichever amount is more, herein referred to as the "RRB Contribution."
2
Section 9.2 Contribution of Labor. Services and Materials. In lieu of cash for the RRB
Contribution, RRB shall have the option of contributing labor, services, and materials to the Project
Costs.. It is anticipated that RRB will purchase with its own funds the structural steel, pre -cast
concrete, and provide labor, services, and other materials necessary for the Project. In that event,
RRB shall be entitled to deduct from its obligation to deposit cash for the RRB Contribution, the
sum of money equal to the cost of said labor, services, and materials so provided and paid for by
RRB.
Except for the amendments contained herein, the Parties agree that all other provisions of the
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, this First Amendment to the Agreement has been executed and effective
on August 14, 2003.
By:
CITY OF ROUND ROCK, TE
N
, ayor
3
By: UND ' i K BASEBALL, INC.
t►
Rei Ryan, Pr °sident
Mayor
Nyle Maxwell
Council Members
Alan McGraw
Came Pitt
Scot Knight
Scott Rhode
Gary Coe
City Manager
James R Nuse, PE,
City Attorney
Stephan L. Sheets
ROUND ROCK, T
PURPOSE. PASSION. PROSPERITY
August 25, 2003
Mr. Reid Ryan, President
Round Rock Baseball, Inc.
P.O. Box 5309
Round Rock, TX 78683
Dear Mr. Ryan:
Mayor Pro-tem Enclosure
Tom Nielson
The Round Rock City Council approved Resolution No. R- 03- 08 -14-
14E3 at their regularly scheduled meeting on August 14, 2003. This
resolution approves the First Amendment to Agreement regarding
Phase I Improvements to the Dell Diamond /United Heritage Center.
Enclosed is a copy of the resolution and original agreement for your
files. If you have any questions, please do not hesitate to contact Larry
Madsen at 218 -5555.
Sincerely,
Sherri Monroe
Assistant City Secretary
CITY OF ROUND ROCK Administrative Dept., 221 East Main Street • Round Rock, Texas 78664
Phone; 5t2.218.5400 • Fax: 512.218.7097 • www.ci.round- rock.txus