R-86-813 - 1/23/19861
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S.C.S. LAKE NO. 14
REGIONAL DETENTION IMPROVEMENTS
SPECIFICATIONS AND CONTRACT DOCUMENTS
HAYNIE KALLMAN & GRAY, INC.
12212 -B Technology Blvd.
Austin, Texas 78727
OWNER:
CITY OF ROUND ROCK
SPECIFICATION NO.
Haynie Kaltman &Gray, Inc.
Consulting Engineers
8`l3/'v
S.C.S. LAKE NO. 14
REGIONAL DETENTION IMPROVEMENTS
SPECIFICATIONS AND CONTRACT DOCUMENTS
BAYNIE KALLMAN & GRAY, INC.
12212 -H Technology Blvd.
Austin, Texas 78727
CITY OF ROUND ROCK
SPECIFICATION NO
OWNER:
1 - TITLE SHEET
2 - INDEX
3 - NOTICE TO CONTRACTORS
4 - ADVERTISEMENT SUMMARY
5 - INSTRUCTIONS TO BIDDERS
6 - PROPOSAL AND BIDDING SHEETS
7 - INFORMATION REQUIRED OF BIDDER
8 - AGREEMENT
9 - GENERAL CONDITIONS
10 - SPECIAL CONDITIONS
11 - TECHNICAL SPECIFICATIONS
INDEX
BID DOCUMENTS
NOTICE TO CONTRACTORS
S.C.S. LAKE NO. 14
REGIONAL DETENTION IMPROVEMENTS
Sealed Bids, in envelopes addressed to The City of Round Rock, 214 E.
Main Street, Round Rock, Texas 78664, will be received at the above
mentioned address until 10:00 a.m., November 15, 1985 and then publicly
opened and read, for furnishing all plant, labor, material and equipment
and performing all work required for the construction of the S.C.S. Lake
No. 14 Regional Detention Improvements.
Bids will be submitted in sealed envelopes for the project on the
proposal furnished, and marked in the upper left hand corner "Sealed Bid
for S.C.S. Lake No. 14 Regional Detention Improvements to The City of
Round Rock, Texas ", "Do Not Open ".
All proposals shall be accompanied by a certified cashier's check upon
a national or state bank in the amount of five (5%) percent of the total
maximum bid price payable without recourse to The City of Round Rock,
Texas, or a bid bond in the same amount from a reliable surety company, as
a guarantee that bidder will enter into a contract and execute performance
bond within ten (10) days after notice of award of contract to him. The
notice of award of contract shall be given by the Owner within forty -five
(45) days after the bid opening. The bid security must be enclosed in the
same envelope with the bid. Bids without check or bid bond will not be
considered. 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. The
successful bidder must furnish performance bond and payment bond in the
amount of one hundred (100%) percent of the contract price and a
Maintenance Bond in the amount of (10%) of the contract price from an
approved surety company holding a permit from the State of Texas to act as
surety (and acceptable according to the latest list of companies holding
certificates of authority from the Security of the Treasury of the United
States) or other surety or sureties acceptable to the Owner, with approval
prior to bid opening.
The right is reserved, as the interest of the Owner may require, to
reject any and all bids, and to waive any informality in bids received.
Plans, specifications and bidding documents may be secured from
the office of the Engineer, Haynie Kallman & Gray, Inc., on deposit of
fifty ($50.00) dollars per set, which sum so deposited will be refunded
provided the Contractor submits a bid.
Plans and specifications may be examined at the office of the
Engineer, Haynie Rallman & Gray, Inc., 12212 -H Technology Blvd.,
Austin, Texas. Bidders should carefully examine the Plans,
Specifications and other documents, visit the site of work, and fully
inform themselves as to all conditions and matters which can in any way
effect the work or the cost hereof. Should a bidder find discrepancies
in, or omissions from the Plans, Specifications or other documents, or
should be in doubt as to their meaning, he should notify the Engineer,
Haynie Rallman & Gray, Inc., and obtain clarification prior to
submitting any bid. Prequalification Requirements: The bidder is to
submit information regarding his qualifications with this bid in
accordance with instructions contained in the Bid Form. Minimum Wage
Scale: As specified and regulated by the State of Texas and the
Federal Government.
To be Advertised in the Austin American Statesman:
Sunday, October 13, 1985
Sunday, October 20, 1985
Sunday, October 27, 1985
Sunday, November 3, 1985
Sunday, November 10, 1985
To be Advertised in the Round Rock Leader:
Thursday, October 17, 1985
Thursday, October 24, 1985
Thursday, October 31, 1985
Thursday, November 7, 1985
Please send Publisher's Affidavit to:
Haynie Hallman & Gray, Inc.
12212 -H Technology Boulevard
Austin, Texas 78727
ATTN: Mr. Brett Biesemeyer
Page 2 of 2
ApYERTISENENT_SUMMABY
OWNER: City of Round Rock
LOCATION: North East Round Rock
PROJECT TITLE & TYPE: S.C.S. Lake No. 14
Regional Detention Improvements
BID BOND: 5%
PERFORMANCE BOND: 100%
PAYMENT BOND: 100%
MAINTENANCE BOND: 10%
PLANS AVAILABLE: October 30, 1985
HAYNIE KALLMAN & GRAY, INC.
12212 -5 Technology Blvd.
Austin, TX 78727
Telephone: (512) 250 -8611
OPENING TIME: 10:00 a.m., November 15, 1985
OPENING PLACE: The City of Round Rock
Council Chambers
214 E. Main Street
Round Rock, Texas 78664
Telephone: (512) 255 -3612
INSTRUCTIONS TO BIDDERS
RROPOSAL
The proposal shall be submitted on the bidding forms which are included
herein, and shall be enclosed in a sealed envelope addressed to:
City of Round Rock
214 E. Main Street
Round Rock, Texas 78664
and shall be identified as follows: "Bid for S.C.S. Lake No. 14 -
Regional Detention Improvements to be opened at 10:00 a.m., November 15,
1985."
A proposal will not be accepted unless prepared on the bidding form
provided. The sealed proposals will be publicly opened and read at the
time and place stated in the Notice to Contractors. Bidders or their
authorized agents are invited to be present. Unauthorized condition,
limitation or provisions attached to a proposal will render it informal
and may cause its rejection. The complete proposal forms shall be without
addition, alterations or erasures. Alternative proposals will not be
considered unless called for. No oral, telegraphic or telephonic
proposals or modifications will be considered. The proposal may be
withdrawn upon request by the bidder without prejudice to himself prior
to, but not after, the time fixed for opening of bids, provided that the
request is in writing, has been executed by the bidder or his duly
authorized representative, and if filed with the Engineer.
DISQUALIFICATION OF BIDDERS
More than one proposal from an individual, firm, partnership, corporation
or association under the same or different names, will not be considered.
Reasonable grounds for believing that any bidder is interested in more
than one proposal for the work contemplated will cause the rejection of
all proposals in which such bidder is interested. If there is reason for
believing that collusion exists among bidders, all bids will be rejected
and none of the participants in such collusion will be considered in
future proposals.
RETURN OF PROPOSAL GUARANTEES
Within twenty -five (25) days after bids are opened, the Owner will return
the proposal guarantees accompanying each of the proposals as are not
considered in making the award. All other proposal guarantees will be
held until the Contract has been finally executed.
Page 1 of 3
They will be returned to the respective bidders whose proposals they
accompany within sixty (60) days after the contract execution.
AWARD QF CONTRACT - RESERVATION OF RIGHTS
Contract, if awarded, will be awarded to responsible bidder whose
proposal complies with all the requirements prescribed. Award, if
made, will be made within thirty (30) calendar days after the opening
of the proposals. The Owner reserves the right to reject any or all
bid proposals, to accept the lowest responsible bidder's proposal, and
to waive any informality in any proposal.
EXECUTION OF CONTRACT
A bidder to whom award is made shall execute a written contract with
the Owner on the form of Agreement provided. Failure or refusal to
enter into a contract as herein provided, or to conform to any of the
stipulated requirements in connection therewith shall be a just cause
for the annulment of the award. If the successful bidder refuses or
fails to execute the Contract, the Owner may award the Contract to the
second lowest responsible bidder. If the second lowest responsible
bidder refuses or fails to execute the Contract, the Owner may award
the Contract to the third lowest responsible bidder. On the failure or
refusal of such second and third lowest responsible bidder to execute
the Contract, the work may be re- advertised for bids.
PROPOSAL GUARANTEE
Each proposal shall be accompanied by a certified or cashier's check or
bid bond in the amount of not less than 5% of the amount named in the
proposal. Said check or bond shall be made payable to the Owner and
shall be given as a guarantee that the bidder, if awarded the work,
will enter into a contract within ten (10) days after Notice of Award
and will furnish the necessary bonds as hereinafter provided. In case
of refusal or failure to enter into said contract, the check or bond as
the case may be, shall be forfeited to the Owner. No bidder's bond
will be accepted unless it conforms to the form furnished by the Owner,
which is bound herein, and is properly filled out and executed.
PROPOSAL SIGNATURE
If the proposal is made by an individual, it shall be signed and his
full name and his address shall be given; if it is made by a
Partnership it shall be signed with the co- partnership name by a member
of the Partnership, who shall sign his own name, and the name and
address of each member shall be given; and if it is made by a
corporation, the name of the corporation shall be signed by its duly
authorized officer or officers attested by the corporate seal, and the
names and titles of all officers of the corporation shall be given.
Page 2 of 3
COMPETENCY OF BIDDER^a
in selecting the lowest responsible bidder, consideration will be given
not only to the financial standing, but also to the general competency
of the bidder for the performance of the work covered by the proposal.
To this end, each proposal shall be supported by a statement of the
bidder's experience, on the form entitled "Information Required of
Bidder ", bound herein.
BIDDER'S EXAMINATION OF SITE
Each bidder shall examine carefully the site of the proposed work and
the Contract Documents therefore. It will be understood that the
bidder has investigated and is satisfied as to the conditions to be
encountered; as to the character, quality and quantity of materials to
be furnished and as to the requirements of the Contract, Specifications
and Drawings.
ADDENDA
Bidders desiring further information, or interpretation of the Plans or
Specifications must make request for such information in writing to
Engineer, a minimum of 48 -hours before the bid opening. Answers to all
such requests will be given in writing to all bidders, in Addendum
form,and all Addenda will be bound with, and made a part of, the
Contract Documents. No other explanation or interpretation will be
considered official or binding. Should a bidder find discrepancies in,
or omissions from the Plans, Specifications or other Contract
Documents, or should he be in doubt as to their meaning, he should at
once notify the Engineer in order that a written Addendum may be sent
to all bidders. Any Addenda issued twenty -four (24) hours before the
opening of bids will be mailed or delivered to each Contractor
contemplating the submission of a proposal on this work. The proposal
as submitted by the Contractor will be so constructed as to include any
Addenda if such are issued by the Engineer twenty -four (24) hours
before the opening of bids.
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PROPOSAL
TO
CITY OF ROUND ROCK
FOR THE CONSTRUCTION OF
S.C.S. LAKE NO. 14 - REGIONAL DETENTION IMPROVEMENTS
The undersigned, as bidder, declares that the only person or parties
interested in this proposal as principals are those named herein, that
this proposal is made without collusion with any other person, firm or
corporation; that he has carefully examined the form of contract, Notice
to Contractors inviting bids, conditions and classes of materials of the
proposed work; agrees that he will provide all the necessary supervision,
labor, machinery, equipment, tools, apparatus, and other items incidental
to construction; will do all the work and furnish all the materials called
for in the Contract Documents, Plans and Specifications in the manner
prescribed therein and'according to the requirements of the Engineer as
therein set forth.
It is understood that the following quantities of work to be done at unit
prices are approximate only, and are intended principally to serve as a
guide in evaluating bids.
It is further agreed that the quantities of work to be done at unit prices
and materials to be furnished may be increased or diminished as may be
considered necessary, in the opinion of the Engineer, to complete the work
fully as planned and contemplated, and that all quantities of work,
whether increased or decreased are to be performed at the unit prices set
forth below except as provided for in the Specifications.
It is further agreed that lump sum prices may be increased to cover
additional work ordered by the Engineer; but not shown on the plans or
required by the Specifications, in accordance with the provisions of the
General Conditions. Similarly, they may be decreased to cover deletion of
work so ordered.
It is understood and agreed that the work is to be completed within the
time herein stated.
The undersigned bidder agrees to commence work within seven (7) calendar
days after written Notice to Proceed has been given.
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1 ACRNOWT,EDGEMENT OF PAYMENT ITEMS
The undersigned acknowledges that the foregoing bid items are the only
▪ items of payment under this contract and that his bid price under these
▪ items reflects the complete charges for furnishing all labor, material,
and equipment to complete the project •as outlined in the Plans,
in Specifications_, and the Contract Documents.
▪ ENOWT,RDGi OF LCC?T, CONDTTTONS AND CONTRACT DOCUMENTS
▪ The undersigned warrants that he has examined the location of the
• proposed work, the plan drawings, specifications, and all other parts
of the Contract Documents, and is familiar with the local conditions at
1 the place where the work is to be performed.
CONTRACT TIME
1 If awarded the Contract, the undersigned agrees to complete the work in
240 calendar days.
1 OWNER'S RIGHTS RESERVED
The undersigned understands and agrees that the Owner reserves the
I right to reject any or all Proposals or to waive any informalities of
technicalities in any proposal in the interest of the Owner, except as
specifically limited by the terms of the Contract Documents or
applicable Laws or Governmental Regulations.
PDD ENDA
I The undersigned acknowledges receipt of the following addenda;
Addendum No. Dated
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SUBMISSION OF TES PROPOSAL
In accordance with the Contract
respectfully submitted by:
1 Caliber Construction Inc.
Name of Contractor
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2040 Loop 336, Suite 125
Business Address
Conroe
City
Documents, the above Proposal is hereby
//4
Texas
State
Page 3 of 5
Date
Title or Position
(713) 353 -2311
Telephone Number
77304
Zip
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PROPOSAL BIDDING_SE�ET
CONTRACT: Regional Detention Improvements
JOB NANE: S.C.S. Lake No. 14
JOB LOCATION: Round Rock, Texas
OWNER: City of Round Rock
Gentlemen:
Pursuant to the foregoing Advertisement for Bids and Instruction to
Bidders, the undersigned bidder hereby proposes to do all the work, to
furnish all necessary supervision, labor, machinery, equipment, tools,
materials, insurance and miscellaneous items, to complete all the work bid
as provided by the attached supplemental specifications, and as shown on
the plans for the constrdction of S.C.S. Lake No. 14 - Regional Detention
Improvements and binds himself of acceptance of this proposal to execute a
contract and bonds for completing said project within the time stated for
the following prices, to wit:
Bid
Item
Unit
agart___ Unit and Written Unit Price Price Amount
Item Description
225.7
684,188
compete in Place oer acre
for Four Hundred Dollars
and
No Cents $ 400.00 $ 90,280.00
Excavation (unclassified, in-
cludes replacing fencing), com-
plete in place per cubic yard
for One Dollar
and Twenty -Five Cents $ 1.25 $855,235.00
Page 4 of 5
Bid Item Description Unit
Item auxitily. Unit and Written Unit Price Price Amount
sin• _8 C.Y. Embankment. (includes cost of
testinal. complete in place
per cubic yard
for Zero Dollars
and Eighty - Five Cents $ 0.85 $454.059.80
L.S.. primary Spillway Modifica-
tions. complete in place Der
lump sum
for Thirty -Five
Hundred
and
Dollars
225.7 AC. Seedina for Erosion Control,
No Cents $3.500.00 $ 3,500.00
complete in Dlace Der acre
for Four Hundred
Twe*fty -Five Dollars
and No Cents $ 425,00 $ 95.922.50
for Dollars
and Cents $ $
TOTAL REGIONAL DETENTION IMPROVEMENTS $1,498.997 30
Page � of �_
INFORMATION REOUIRED OF _BIDDER
The bidder is required to supply the following information.
Additional sheets may be attached if necessary.
(1) Name
(2) Address
(3) Phone Number
(4) Type of Firm:
( ) Individual, ( ) Partnership, ( ) Corporation
(5) Corporation organized under the laws of the State of
(6) List the names and addresses of all members of the firm or names
and titles of all officers of the corporation.
(7) Number of years experience
(8) List at least three (3) projects completed as of recent date:
Contract Amount /Class of Work /Date Completed /Name and Address of
Owner:
(9) List the name and address of each subcontractor who will perform
work in or about the work or improvement in excess of one -half
(1/2) of one (1%) percent of the total bid price and indicate
what part of the work will be done by each subcontractor:
Page 1 of 2
(10) Payment of taxes, in the State of
Yes _- No
(11) If requested by the Owner, the Bidder shall submit a notarized
financial statement, financial data or other information and ref-
erences sufficiently comprehensive to permit an appraisal of his
current financial conditions.
Page 2 of 2
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THE STATE OF TEXAS
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COUNTY OF WILLIAMSON
AGREEMENT
THIS AGREEMENT, made and entered into this 18th day of February, A.D.,
1986, by and between the City of Round Rock of the County of Williamson,
and the State of Texas, acting through Mike Robinson, Mayor of Round Rock
thereunto duly authorized so to do, Party of the First Part, hereinafter
termed OWNER, and Caliber Construction, Inc., of the City of Conroe,
County of Montgomery, and State of Texas, Party of the Second Part,
hereinafter termed CONTRACTOR.
WITNESSETH: That for in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the Party of the First
Part (OWNER), and under the conditions expressed in the bond bearing even
date herewith, the Party of the Second Part (CONTRACTOR), hereby agrees
with the said Party of the First Part (OWNER) to commence and complete the
construction of certain improvements described as follows:
"S.C.S. Lake No. 14 - Regional Detention Improvements"
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, General Conditions of
Agreement, Special Conditions, Technical Specifications, Plans and other
drawing and printed or written explanatory matter thereof, and the
Specifications and addenda therefor, as prepared by HAYNIE HALLMAN & GRAY,
INC., 12212 -H Technology Boulevard, Austin, Texas 78727, 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.
1 The CONTRACTOR hereby agrees to commence work within seven (7) calendar
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days after the date written notice to do so shall have been given to
him, and to complete the same within 240 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.
IN WITNESS WHEREOF, the parties to these presents have executed this
Agreement in the year and day first above written.
City of Round Rock
Party of the First Part
(OWNER)
BY: 7 % 414
Mike Robinson, Mayor
ATTEST:
(The following to b- executed if the Contractor is a Corporation.)
I, ,�....'./ - .i.._„. , , certify tha I am S,pec�etary
of the Corpora on named as Contractor herein; that J°L ,
who signe thi Contract on behalf of the Contracto was then
(offici 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 with the scope of its corporate powers.
Corporate Seal
BY:
Signed:
Page 2 of 2
Caliber Construction, rnc.
Party of the Second Part
(CONTRACTOR)
James B. Ward, P -sident
ATTEST:
• e
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1 Moar tery
County of ntg
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THE STATE OF TEXAS
5
Harris
'COUNTY OF 5
MOW ALL MEN ET THESE PRESENTS, THAT
• .
pERFORMANCE BOND
Caliber Construction, Inc.
of the City of Conroe
, and State of Texas as
Fairmont Insurance Company
principal, and authorized under
the laws of the State of Texas to act as surety on bonds for oriacipals,
are held and firmly bound unto City of Round Rock
One Million Four
(OWNER), in the penal sum of
Hundred
Eight Thousand Five Hundred Fifty Eight Dollars &20/
Fifty 100
Dollars ($ 1,458,558,20
for the payment whereof, the said Principal and Surety bind themselvesr
and their 'aeir3' administrators, executors, successors and assigns,
jointly and severallY, by these cresents:
WHEREAS, the Principal. has entered into a certain written contract with
the Owner dar ed the i( day of trftellee4A7 , 1986 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.
PB —1
11 NOW, THEREFOR., THE CONDITIONS OF THIS OBLIGATIONS SUCH, that if the
said Principal shall the
respects duly faithfully P
I covenants, conditions and agreements' in and by said Contract agreed and
covenanted by the Principal to be observed and performed, and according
to the true ir.:ent and meaning of said Contract and the Plans and
Specifications thereto annexed, then this obligation shall be void;
otherwise to :amain in full force and effect;
PROVIDED, HCWEV , that this bind is executed pursuant to the
provisions of Article 5160 of the Revised Civil Statutes of Texas as
amended and all liabilities on this bond shall be determined in
accordance with the provisions of the said Article to the same extent
as if it were copied at length herein.
Surety, for value received, stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract,
or to the work performed thereunder, or the plans, specifications or
drawings accaspanying the same, shall in anyway affect its obligation
on this bond, and it does hereby waive notice of any such change,
1 extension of time, alteration or addition to the terms of the contract,
or to the war's to be performed thereunder.
IN WITNESS �� REOF, the said
sealed this instrument this
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Conroe, Texas 77304
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Caliber Construction, Inc.
Address 2040 Loop 336, Suite 125
Principal and Su ety have signed and
l� day of ,0.t' , 1986.
PH -2
Faiiwnt Insurance Company
Surety
By
Title
Address
Att&rney -in -Fact L c. V
1000 Cashco Ulmer
Eight Greenway Plaza
Houston, Texas 77046
The name and address of the Resident ?gent of Surety is:
1 Frank B. Hall & Co., 1000 Cashco T wer, Eight Greenway Plaza, Houston, Texas 77046
1
FAIRMONT INSURANCE COMPANY
Burbank California
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS&
That FAIRMONT INSURANCE COMPANY, a California Corporation, does hereby make, constitute and
appoint
- - - - - ROY E. SIP 1ONS--------=---
--- ---------------- -OF HOUSTON, TEXAS-- - - - - -' —
as its true lawful Attorney(s) with full power and authority, for and on behalf of the Company as surety, to execute
and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recogxrizances, consents of
surety or other written obligations in the nature therof, as follows:
Any and all bonds, undertakings, tecognizances, consents of surety or other written obligations in the nature
thereof,
•
and to bind FAIRMONT INSURANCE COMPANY thereby, and all of the acts of said Attorney(s)-in-Fact,
pursuant to these presents, are hereby ratified and confirmed. •
This appointment is made under and by authority of the following Bylaws of the Company, which Bylaws
are now ix ,fetll force and effect:
ARTICLE IV, Section 13 ATTORNEYS -TN -FACT AND AGENTS. The chairman of the board, the president, the vice
president, the chief Imanctai otficer. or the secretary of me corporation may appoint attornevs or agents with power
and authority. as defined or limited in their respective powers of attorney. for and on behalf of the corporation to execute
and deliver. and affix the seal of the Corporation thereto, bonds. undertakings. recognaances. consents of surety or
other wntten obligations in the nature thereof and any of said dicers may remove any such attomey-in- fact or agent
and revoke She power and authority given to him or her.
ARTICLE IV. Section 14. AUTHORITY TO BIND. Any bond. undertaking, recognizance. consent of surety or written
obligation in the nature thereot snail be vatta and binding upon the corporation when signed by the chairman of the
board, the president. the vice president. the chief financial officer. or the secretary of the corporation and duly attested
- - . - and sealed. d a seal is required, by the secretary or assistant secretary, or shall be valid and binding upon the corporation
when duly executed and sealed, d a seal is required. by a duly authorized attorney-in-fact or agent, pursuant to and
within the limits of the authority granted by hu or her power of aromey.
This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu ; ,
lion adopted by the Board of Directors of FAIRMONT INSURANCE COMPANY at a meeting duly called
and held on the Ord day of October, 1983: •
RESOLVED that the signature of any officer authorized by the Bylaws, and the seal of the corporation, may be affixed .
by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of
any bond. undertaking, recognizance consent of surety or other wntten obligation in the nature thereof; such signature
and seal. when so used, being hereby adopted by the corporation as the original signature of such officer and the original
seal of the corporation. to be valid and binding upon the corporation with the same force and effect as though manually
affixed.
IN WITNESS WHEREOF, FAIRMONT INSURANCE COMPANY has caused these presents to be signed
by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March of 1985
(Wow ,n l: 5 A
SPAS f3 /R51
��
APR. 10 }•e
o 1970 J
s + 'vs
.� CA l t •
�n4ut
FAIRMONT INSURANCE COMPANY
By
•
Sigswture Henry F. Wright, Vi- Presider-
State of California
u.
County of Los Angeles
Henry F. Wright personally known to me, was by me duly sworn, and did depose and say: that
he/she resides in the State of California; that he /she is the duly elected Vice President of
FAIRNONT INSURANCE COMPANY, the corporation described in and which executed the above instru-
ment; that he /she knows the seal of said corporation; that the seal affixed to said instrument is such cor-
porate seal; that it was so affixed by authority of his /her office under the Bylaws of said corporation, and
that he /she signed his /her name thereto by like authority.
Subscribed and sworn to me this 22nd day of March , 19 85
•
r
OrrICIAL SEAL
HARRIET LAMBELL
MOT &RT PUBLIC CALIFORNIA
•RIMCINAL OFFICE IN
LDS ANGELES coupr'r
My Commlu;on Eirra Am. 21,19E3
Tn r e A- Tsujimoto
Signed and Sealed at Burbank, California, this
Originated by:
CERTIFICATION
the Assistant Secretary of FAIRMONT
INSURANCE COMPANY, certify that the foregoing power of attorney and the above quoted Sections 13.
• and 14. of Article P/ of the Bylaws have not been abridged or revoked and are now in full force and effect.
Notary Public in and
for said County and State.
day of
Date of Origin:
,19
August 9, 1995
1
THE STATE OF TEXAS §
COUNTY OF Harris
pAYMFNT BOND
KNOW ALL MEN BY THESE PRESENTS, THAT C r Construction, Inc.
the City of Conte , County of Montganery , and State of Texas
as principal, and Frirmont Insurance Company authorized under the laws of
the State of Texas to act as surety on bonds for principals, are held and
firmly bound unto City of Round Rock
(OWNER), in the penal sum of
One Million Four Hundred Fifty Eight Thousand,
Five Hundred Fifty Eight Dollars & 20 / 100 - -- Dollars ($1,458,558.20 -7 for the
payment whereof, the said Principal and Surety bind themselves and their
heirs, administrators, executors, successors and assigns, jointly and
severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract with
the Owner, dated the / day of , 1986, 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.
PH -3
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Principal shall pay all claimants supplying labor and material to
him or a subcontractor in the prosecution of work provided for in said
contract, then, this obligation shall be void; otherwise to remain in
full force and effect;
Provided, however, that this bond is executed pursuant to the
provisions of Article 5160 of the Revised Civil Statutes of Texas as
amended and all liabilities on this bond shall be determined in
accordance with the provisions of said Article to the same extent 'as if
it were copies at length herein.
Surety, for value received, stipulates
extension of time, alteration or addition
or to the work performed thereunder, or
drawings accompanying the same, shall in
on this bond, and it does hereby waive
extension of time, alteration or addition
or to the wore to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Sur t have signed and
sealed this instrument this /( day of , 3, , 1986.
Caliber Construction, Inc.
Princip 1
By
itle
Address 2040 Loop 336, Suite 125
Conroe, Texas 77304
and agrees that no change,
to the terms of the contract,
the plans, specifications or
anyway affect its obligation
notice of any such change,
to the terms of the contract,
Fairmont Insurance Carpany
Surety
By L 5. ✓ ti v "� "`-
Title A [ wrney -in -Fact'
Address 1000 Cashco - Tower - '
Eight Greenway Plaza
Houston, Texas 77046
The name and address of the Resident Agent of Surety is:
Frank B. Hall & Co., 1000 Ca Tower, Eight Greenway Plaza, Houston, Tx 77046
PB -4
K \OW ALL MEN BY THESE PRESENT&
FAIRMONT INSURANCE COMPANY
Burbank, California
POWER OF ATTORNEY
That FAIRMONT INSURANCE COMPANY, a California Corporation, does hereby make, constitute and
appoint -- ROY E. SIDIl109IS----- - - - - --
--------- HOUSTON, TEXAS - - - --
as its true lawful Attomey(s) -in -Fact, with full power and authority, for and on behalf of the Company as surety, to execute
and deliver and affix the seal of the Company thereto, ifa seal is required, bonds, undertakings, recognizances, consents of
surety or other wrinen obligations in the nature therof, as follows:
Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature
thereof,
and to bind FAIRMONT INSURANCE COMPANY thereby, and all of the acts of said Attomey(s) -in -Fad,
pursuant to these presents, are hereby ratified and confirmed. - .
This appointment is made under and by authority of the following Bylaws of the Company, which Bylaws
are now irLfell force and effect:
ARTICLE TV, Section 13. ATTORNEYS -1N -FACT AND AGENTS. The chairman of the board, the president, the vice
president, the chin htuncal othcer. or the secretary 01 the corporation may appoint attomevsm -fact or agents with power
and authonty, as defined or limited in their respecuve powers of attorney. for and on behalf of the corporation to execute
and deliver. and affix the seal of the Corporation thereto. bonds. undertakings. recognizances, consents of surery or
other wntten obligations in the nature thereof and any of said oficers may remove any such attorney -m -tact or agent
and revoke the power and authority given to him or her.
ARTICLE IV, Section 14. AUTHORITY TO BIND. Any bond. undertaking, recognizance. consent of surety or written
. obligation in the nature thereot snail be vane and binding upon the corporation when signed by the chairman of the
board, the president. the vice president. the chief financial officer. or the secretary of the corporation and duly attested
. - and sealed. if a seal is required. by the secretary or assistant secretary, or shall be valid and binding upon the corporation
- when duly executed and sealed, d a seal is required. by a duly authonzed attomey-oi-fact or agent, pursuant to and
within the limits of the authonty granted by his or her power of attorney. = L This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu ;
on adopted by the Board of Directors of FAIRMONT INSURANCE COMPANY at a meeting duly called
and held on the Ord day of October, 1983:
RESOLVED that the signature of any officer authorized by the Bylaws, and the seal of the corporation, may be affixed
by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of
any bond. undertaking, recognizance consent of surety or other wntten obligation in the nature thereof; such signature
and seal. when so used, being hereby adopted by the corporation as the anginal signature of such officer and the ongmal
seal of the corporation, to be valid and binding upon the corporation with the same force and effect as though manually
affued.
IN WITNESS WHEREOF, FAIRMONT INSURANCE COMPANY has caused these presents to be signed
by its proper officer and its corporate seal to be hereunto affixed this 22nd day of march of 1985
„..,trre .,
a 0 4a
p f o. Fa':O et
i
.. 6 , 1970 / I ;- _
-. . ,,.« / f /.. •
• � .MN .. LW
et, a m USA
SFAS (3 /RS)
FAIRMONT INSURANCE COMPANY
Sigwture Henry F. Wright, Vie President
State of California
ss.
County of Los Angeles
Henry F. Wright personally known to me, was by me duly sworn, and did depose and say: that
he /she resides in the State of California; that he /she is the duly elected vice Presiden of
FAIRMONT INSURANCE COMPANY, the corporation described in and which executed the above instru-
ment; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such cor-
porate seal; that it was so affixed by authority of his /her office under the Bylaws of said corporation, and
that he /she signed his /her name thereto by like authority.
Subscribed and sworn to me this 22nd day of
iinide A. Tsu7irroto the Assistant Secretary of FAIRMIONT
INSURANCE COMPANY, certify that the foregoing power of attorney and the above quoted Sections 13.
• and 14. of Article IV of the Bylaws have not been abridged or revoked and are now in full force and effect.
I •
oiacIAL SEAL
HARRIET LAMBELL
NOTARY PUBLIC- CALIROIMIA
PRINCIPAL OFYICt IN
LOS ANGELES COUNTY
My Commns•on ELrrn For.27, 1983
Signed and Sealed at Burbank, California, this day of
Originated by:
Suety Eger
Notary Public in and
for said County and State.
1
CERTIFICATION
March
'ILA, v..'
, 1* ter •
Date df Origin:
2
,1985
,19
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August 9, 1995
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THE STATE OF TEXAS §
COUNTY OF Harris
KNOW ALL MEN SY THESE PRESENTS, that we Calihar Construction, Inc.
as Principal, and Fairmont Insurance Canpany
a Corporation organized under the laws of the State of California
as Surety, are held and firmly bound unto City of Round Rock
as Obligee, in the penal sum of One Million Four Hundred Fifty Eight Thousand Five
Hundred Fifty Eight Dollars & 20/100 - (x1,458,558.20 -t
be made we do bind ourselves, our and
to which payment will and truly to
MAINTENANCE BOND
each of our heirs, executors, administrators, successors
jointly and severally, firmly by these presents.
WHEREAS, the said Principal has constructed S.C.S. Lake No. 14 - Regional
Detention Improvements
WHEREAS, said Obligee requires that the principal furnish a bond
conditioned to guarantee for the period of one year after approval
by against all defects in workmanship and
materials which may become apparent during said period;
MB -1
Bond No.
and assigns
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if the
Principal shall indemnify the Obligee for all loss that the Obligee may
sustain by reason of any defective materials or workmanship which become
apparent during the period of one year from and after date of acceptance
by the owner, then this obligation shall be void, otherwise to remain in
full force and effect.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed
this instrument this I( day of ,SAS , 1986.
Caliber Construction, Inc.
Principal
2040 Loop 336, Suite 125
Fairmont Insurance Canpany
Surety
By
Title
Attorney -in -Fact
• r -
Address 1000 Cashco Tower
Address
Conroe, Texas 77304 Eight Greenway Plaza
Houston, Texas 77046
The name and address of the Resident Agent of Surety is:
Frank B. Hall & Co., 1000 Cashco Tower, Eight Greenway Plaza, Houston, TX 77046
MB -2
FAIRMONT INSURANCE COMPANY
Burbank, Ca lfornia
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENT&
That FAIRMONT INSURANCE COMPANY, a California Corporation, does hereby make, constitute and
appoint
wo. me -- ROY E. SIMMONS --- --- ------
------- - - - - -- - - -- - -OF HOTJSTON, TEXAS -- - - --
as its true lawful Attorneys) -in -Fact, with full power and authority, for and on behalf of the Company as surety. to execute
and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recognizances, consents of
surety or other written obligations in the nature therof, as follows:
Any and an bonds, undertakings, tecognizances, consents of surety or other written obligations in the nature
thereof,
•
and to bind FAIRMONT INSURANCE COMPANY thereby, and all of the acts of said Attomey(s) -in -Fact,
pursuant to these presents, are hereby ratified and confirmed.
This appointment is made under and by authority of the following Bylaws of the Company, which Bylaws
are now itlfnll force and effect: -
•
ARTICLE N. Section 13. ATTORNEYS -TN -FACT AND AGENTS. The chairman of the board, the president. the vice .
president, the chief fmancul officer. or the secretary of the corporation may appoint attomevs -in- fact or agents with power
and authonty. as defined or limited in their respective powers of attorney. for and on behalf of the corporanon to execute
and deliver. and affix the seal of the Corporation thereto. bonds. undertakings. recognaances, consents of surety or
other wntten obligations in the nature thereof and any of said ohcen may remove any such attomerin -fact or agent
and revoke the power and authority given to him or her.
ARTICLE N, Section 14. AUTHORITY TO SIND. Any bond. undertaking, recognizance, consent of surety or written
obligation in the nature therett snau be vaua and binding upon the corporation when signed by the chairman of the
board. the president, the vice president, the chief financial officer. or the secretary of the corporation and duly attested
. - a aled, d a seal is required, by the secretary or usutant secretary or shall be v and binding upon the corponnon
duly .s ecu red and sealed d a seal is req uired, by a duly authonzed anomey - alid in- f act or agent, pursuan to and
within the limits of the authority granted by hit or her power of anomey. - This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolti- .
tion adopted by the Board of Directors of FAIRMONT INSURANCE COMPANY at a meeting duly called
and held on the Ord day of October, 1983: -
RESOLVED that the signature of any officer authorized by the bylaws. and the seal of the corporation, may be affixed
by facsimile to any power of attorney or special power of attorney or « nthcation of either given for the eaecvnon of
any bond. undertaking. recognizance consent of surety or other wntten obligation in the nature thereof; such signature
and seal. when so used, being hereby adopted by the corporation as the ongtnat signature of such officer and the ongtnal
seal of the corporation, to be valid and binding upon the corporation with tribe same force and effect as though manually
aft Wed.
IN WITNESS WHEREOF, FAIRMONT INSURANCE COMPANY has caused these presents to be signed
by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March of 1985
SPA3 f3 RSl
�N,,irrpiey
• h • C F "t �
f 1°211 Fe �. s
APR. ID =
a, 1970
,,,CA OF • ....
.......
FAIRMONT INSURANCE COMPANY
By
5igaalure Henry F.
Wright, Vi p= Presidenr
State of California
ss.
County of Los Angeles
Henry F. Wright personally known to me, was by me duly sworn, and did depose and say: that
he/she resides in the State of California; that he/she is the duly elected Vice President of
FAIRMONT INSURANCE COMPANY, the corporation described in and which executed the above instru-
ment; that he /she knows the seal of said corporation; that the seal affixed to said instrument is such cor-
porate seal; that it was so affixed by authority of his /her office under the Bylaws of said corporation, and
that he /she signed his /her name thereto by like authority.
Subscribed and sworn to me this 22nd day of March , 1985
Of rICIAL sUl
HARRIET LAMBELL
NOTARY ?U5uC. ■CALIFCNN1A
PRINCIPAL MICE IN
LCS ANGELES COUNTY
NY Wmmnsal ELpm Apt. 2T, 196E
I T`r A. Tsuii•trito the Assistant Secretary of FAIRMONT
INSURANCE COMPANY, certify that the foregoing power of attorney and the above quoted Sections 13.
• and 14. of Article IV of the Bylaws have not been abridged or revoked and are now in full force and effect.
Signed and Sealed at Burbank, California, this
• Vonana.
Sva�y
ci
y am:` APR. ID %
A v 1970 J s
` �NIfNIN
qty Managex
CERTIFICATION
Je-Hhh/c.Y'
Notary Public in and
for said County and State.
day of
, 19 .
Date of - Origin: August 9 , 19 9 5
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To:
City of Round Rock
Round Rock, Texas
THIS IS TO C THAT Caliber Construction, Inc. & Caliber Commercial Construction,Im
is, at the date of this certificate, insured by this company with respect
to the business operations hereinafter described, for the types of
insurance and in accordance with the provisions of the standard policies
used by this company, and further hereinafter described. Exceptions to
standard policies are noted on the reverse side hereof.
TYPE OF
INSURANCE
Workman's
Compensation
Comprehensive
Genera].
Liability
Includes
Contractual
Liability
Covers
Independent
Contractors
Owner's
Protective
Comprehensive
Automobile
Liability
Owned
Vehicles
Hired
Vehicles
Non —Owned
Vehicles
Includes
Contractual
Liability
POLICY EFFECTIVE EXPIRATION LIMITS OF
NO. DATE DATE LIABILITY
Statutory, State of
TC6 21558952 5 -4 -85 5 -4 -86 Texas, $100,000.
GL 67484042
GLM 07484043 5 -4 -85
CERTIFICATE OF INSURANCE
Date: • 2 -10 -86
Description of Work: S.C.S. Lake No. 14
Regional Detention Improvements
Employer's Liability
Bodily Injury
$ ea. person
5 -4 -85 5 -4 -86 $ ea. accident
$500,000. Combined Single Limit
Bodily Injury & Property
Damage
5 -4 -86
Page 1 of 2
Property Damage
$ ea. accident
$ aggregate
Bodily Injury
$ ea. person
$ ea. accident
Property Damage
Property Damage
$ ea. accident
$ aggregate
Bodily Injury
$ ea. person
$ ea. accident
Property Damage
$ ea. accident
$500,000. Combined Single Limit
Bodily Injury & Property
Damage
The above policies either in the body thereof or by approprite
endorsement provide that they may not be changed or cancelled by the
insurer in less then ten (10) days after the insured has received
written notice of such change or cancellation.
This Certificate of Insurance neither affirmatively or negatively
amends, extends, or alters the coverage afforded by policy or
policies indicated by this certificate
Page 2 of 2
(Name of Insurer)
American General Fire & Casualty
By:
Title: Sr. Vice President
Address: Frank B. Hall & Co.
8 Greenway Plaza, 1000 Cashco Tower
Houston, Texas 77046
GENERAL CONDITIONS OF THE AGREEMENT
CONTENTS
1. DEFINITIONS
2. GENERAL PROVISIONS
2.01 Engineer's Status and Authority
2.02 Right of Engineer to Modify Methods
and Equipment
2.03 Changes and Alterations
2.04 Damages
2.05 Losses from Natural Causes
2.06 Laws and Ordinances
2.07 Licenses, Permits, and Certificates
2.08 Royalties and Patents
2.09 Keeping of Plans and Specifications Accessible
2.10 Discrepancies and Omissions
2.11 Contractor's Understanding
2.12 Extra Work
2.13 Payment for Extra Work
2.14 Assignment and Subletting
2.15 Subcontractors
2.16 Owner's Status
2.17 Completed Portions of Work
2.18 Materials
2.19 Receiving and Storage of Materials
2.20 "Or Equal" Clause
2.21 Completed Work
2.22 Materials Furnished by the Owner
2.23 Protection of Property
2.24 Shelters for Workmen and Materials
2.25 Sanitary Facilities
Pa
3. CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES
3.01 Labor, Equipment, Materials and
Construction Plant
3.02 Performance, Payment and Maintenance Bonds
3.03 Contractor's Ability to Perform
3.04 Superintendence and Inspection 1
3.05 Character of Employees 1
3.06 Contractor's Duty to Protect Persons
and Property 1
3.07 Safety Codes 1
3.08 Barricades 1
3.09 Minimum Wages 1
3.10 Unsuitable Work or Materials 1
3.11 No Waiver of Contractor's Obligation 1
3.12 Site Clean Up 1
3.13 Guarantee 1
e
(CONTENTS CONTINUED)
4. OWNER'S OBLIGATIONS AND RESPONSIBILITIES 13
4.01 Lines and Grades 13
4.02 Right of Entry 13
4.03 Owner's Representatives 13
4.04 Collateral Work 13
4.05 Right -of -Way 13
4.06 Adequacy of Design 14
5. SCHEDULING AND PROGRESS OF WORK 14
5.01 Order and Prosecution of the Work 14
5.02 Rate of Progress 14
5.03 Sunday, Holiday, and Night Work 14
5.04 Hindrances and Delays 15
5.05 Extensions of Time 15
5.06 Liquidated Damages for Failure to
Complete on Time 15
6. IDEMNITY 16
6.01 Contractor's Idemnity Provision 16
6.02 Workmen's Compensation Insurance 16
6.03 Comprehensive General Liability Insurance 16
6.04 Owner's Protective Insurance 17
6.05 Comprehensive Automobile Liability Insurance 17
6.06 Insurance Certificate 17
7. TERMINATION OF CONTRACT 17
7.01 Right of Owner to Terminate 17
7.02 Right of Contractor to Terminate 18
7.03 Removal of Equipment 18
8. ABANDONMENT OF CONTRACT BY CONTRACTOR 18
8.01 Notification of Contractor 18
8.02 Retention of Contractor's Equipment
and Materials by Owner 18
8.03 Methods of Completing the Work 19
8.04 Final Acceptance 19
8.05 Disposition of Contractor's Equipment 20
9. MEASUREMENT AND PAYMENT 20
9.01 Character of Measurements 20
9.02 Estimated vs. Actual Quantities 20
9.03 Payment 21
9.04 Monthly Estimates and Payments 21
9.05 Certificates of Completion 22
9.06 Final Estimate and Payment 22
9.07 Notarized Affidavit 22
9.08 Release of Liability 23
9.09 Contractor's Obligation 23
9.10 Payments Withheld 23
1. DEFINITIONS
011 ,__CONDITIONS OF TBE AGREEMENT
1.01 Calendar Day. A calendar day shall be the 24 -hour period from
one midnight to the next consecutive midnight.
1.02 Contract Documents. The Contract Documents shall consist of the
Notice to Contractors; Advertisement; the Instructions to
Bidders; the Proposal; the Signed Agreement; the Performance,
Payment, and Maintenance Bonds; the General Conditions of the
Agreement; the Special Conditions of the Agreement; the
Technical Specifications; the Plans; the Standard Drawings;
Addenda; and duly authorized Change Orders. 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 the
interpretation shall be in the following order: Signed
Agreement, Performance, Payment, and Maintenance Bonds, Addenda,
Proposal, Special Conditions of the Agreement, Notice to
Contractors, Technical Specifications, Plans, and General
Conditions of the Agreement.
1.03 Contractor. "Contractor" shall mean the business organization
or individual named and designated in the Contract Agreement as
the "Party of the Second Part ", who has entered into this
contract for the performance of the work covered thereby, and
its, his, or their duly authorized agents and other legal
representatives.
1.04 Engineer. "Engineer" shall mean HAYNIE KALLMAN & GRAY, INC., or
such other Engineer, supervisor, or project representative who
has been designated, appointed, or otherwise employed or
delegated by the Owner for this work, or their duly authorized
agents, such agents acting within the scope of the particular
duties entrusted to them in each case.
1.05 Extra Work. The term "extra work" as used in this contract
shall be understood to mean and include all work that may be
required by the Engineer or Owner to be done by the Contractor
to accomplish any change, alteration, or addition to the work
shown on the Plans, or reasonably implied by the Specifications,
and not covered by the Contractor's Proposal, except as provided
under "Changes and Alterations ", herein.
1.06 Owner. "Owner shall mean City of Round Rock named and
designated in the Agreement as the "Party of the First Part"
acting through its duly authorized officers and agents.
-1-
1.07 plans. "Plans" shall mean and include (a) all drawings prepared
by the Owner as a basis for proposal, (b) all supplementary
drawings furnished by the Engineer as and when required to
clarify the intent and meaning of the drawings submitted by the
Owner to the Contractor, and (c) drawings submitted by the
Contractor to the Owner when and as approved by the Engineer.
1.08 Specifications. "Specifications" shall mean (a) all written
descriptions, methods and instructions prepared by the Owner as
a basis for proposals, (b) all supplementary written material
furnished by the Engineer as and when required to clarify the
intent or meaning of all written descriptions, methods and
instructions submitted by the Owner to the Contractor, and (c)
written descriptions submitted by the Contractor to the Owner
when and as approved by the Engineer.
1.09 Subcontractor. "Subcontractor" shall mean and refer only to a
business organization or individual having a direct contract
with the Contractor for (a) performing a portion of the Contract
work, or (b) furnishing material worked to a special design
according to the Contract plans or specifications; it does not,
however, include one who merely furnishes material not so
worked.
1.10 Substantially Completed. The term "substantially completed"
shall mean that the structure or facility has been made suitable
for use and is in condition to serve its intended purpose, but
still may require minor miscellaneous work and adjustments. It
does not constitute end of contract period or acceptance as
total completion.
1.11 Work. "Work" shall mean the work to be done and the equipment,
supplies, material, and services to be furnished under the
Contract unless some other meaning is indicated by the context.
1.12 Working Day. A "working day" is defined as any day not
including Sundays or any legal holidays, in which weather or
other conditions, not under control of the Contractor, will
permit construction of the principal units of the work for a
continuous period of not less than seven (7) hours between 7:00
a.m. and 6:00 p.m.
1.13 Written Notice. "Written Notice" shall be deemed to have been
duly served if delivered in person to the individual or to a
member of the firm or to an officer of the corporation for whom
it is intended, or if delivered at or sent by certified or
registered mail to the last business address known to him who
gives the notice.
-2--
2. GENERAL PROVISIONS
2.01 Engineer's Status and Authority. It is mutually agreed by and
between the parties to this Contract that the Engineer shall
have general supervision and direction of the work included
herein. In order to prevent delays and disputes and to
discourage litigation it is further agreed by and between the
parties of this Contract that the Engineer shall in all cases
determine the amounts and quantities of the several kinds of
work which are to be paid for under the Contract; that he shall
determine all questions in relation to said work and the
construction thereof, that he shall in all cases decide every
question which may arise relative to the execution of the
Contract on the part of the Contractor; that his decisions and
findings shall be the conditions precedent to the right of the
parties hereto the arbitration or to any action on the
Contractor to receive any money under this Contract; provided,
however, that should the Engineer render any decision or give
any direction which in the opinion of either party hereto is not
in accordance with the meaning and intent of this Contract,
either party may file with the Engineer within 30 days a written
objection to the decision or direction so rendered. It is the
intent of this Agreement that there shall be no delay in the
execution of the work, and the decision or directions of the
Engineer as rendered shall be promptly carried out.
2.02 Eight of Engineer to Modifv Methods and Equipment. If at any
time the methods or equipment used by the Contractor are found
to be unsafe or inadequate to secure the quality of the work or
the rate of progress required under this Contract, the Engineer
may direct the Contractor in writing to increase their safety or
improve their character and efficiency and to cease operations
under this Contract until such direction is complied with. No
claims shall be made against the Owner for damages caused by any
delay resulting from such order.
2.03 Changes and Alterations. The Contractor agrees that the Owner,
through the Engineer, may make such changes and alterations as
the Owner may see fit in the line, grade, form, dimensions,
plans, or materials for the work herein contemplated or any part
thereof either before or after the beginning of the construction
without affecting the validity of this Contract and the
accompanying 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 they may be dispensed with.
-3-
If they increase the amount of work and the increased 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 established for such work under this Contract;
otherwise such work shall be paid for as provided under Section
2.12 "Extra Work ". In the event the Owner shall make such
changes or alterations which will make useless any work already
done or material already furnished or used in said work, then
the Owner shall compensate the Contractor for any materials or
labor so used, for any actual loss occasioned by such change,
and for the actual expenses incurred in preparation for the work
as originally planned.
2.04 Damages. The right of general supervision by the Owner shall
not make the Contractor an agent of the Owner, and the liability
of the Contractor for all damages to persons, firms, and
corporations arising from the Contractor's execution of the work
shall not be lessened because of such general supervision. The
Contractor is an independent contractor in regard to work under
this Contract, and as such is solely liable for all damages to
any persons, firms, corporations, or their property as a result
of the prosecution of the work.
2.05 Losses from Natural Causes. All loss or damage arising out of
the nature of the work to be done or from the action of the
elements or from any unforseen circumstances in the prosecution
of the work 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.
2.06 Laws and Ordinances. The Contractor shall at all times observe
and comply with all Federal, State, and local laws, ordinances,
rules and regulations which in any manner affect the Contract or
the work and shall idemnify and save harmless the Owner against
any claim arising from the violation of any such laws and
ordinances whether by the Contractor or his employees or his
subcontractors and their employees.
2.07 Licenses, Permits and Certificates. Except as hereinafter
stipulated, all licenses, permits, certificates, etc. required
for and in connection with the work to be performed under the
provisions of these Contract Documents shall be secured by the
Contractor at his own expense. In the event a building permit
is required such permit will be obtained by the Owner at no cost
to the Contractor.
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2.08 Royalties and Patent -. The Contractor shall protect and save
harmless the Owner from all and every demand for damages,
royalties, or fees on any patented invention used by him in
connection with the work done or material furnished under this
Contract; provided, however, that if any patented material,
machinery, appliance, or invention is clearly specified in this
Contract, the cost of procuring the rights of use and the legal
release of idemnity shall be borne and paid by the Owner direct
unless such cost is determined and directed to be included in
the bid price at the time the Proposal is submitted.
2.09 Keeping of Plans and Specifications_Accessible. The Engineer
shall furnish the Contractor with two (2) sets of executed Plans
and Specifications without expense to him, the Contractor shall
keep one copy of the same constantly accessible on the job site,
with the latest revisions noted thereon, and additional sets
will be obtained from the Engineer at commercial reproduction
rates plus 15% for handling.
2.10 Discrepancies and Omissions.. It is further agreed that it is
the intent of this Contract that all work must be done and all
material must be furnished in accordance with the generally
accepted practice, and in the event of any discrepancies between
the separate contract documents, the priority of interpretation
defined under "Contract Documents" shall govern. In the event
that there is still any doubt as to the meaning and intent of
any portion of the Contract, Specifications or Drawings, the
Engineer shall define which is intended to apply to the work.
2.11 Contractor's Upderstandinq. 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 need
preliminary to and during the prosecution of the work, the
general and local conditions, and all other matters which can in
any way affect the work under this contract. No verbal
agreement or conversation with any officer, agent, or employee
of the Owner, either before or after the execution of this
Contract, shall affect or modify any of the terms or obligations
herein contained.
2.12 Extra Work. The term "extra work" as used in this Contract
shall be understood to mean and include all work that may be
required by the Owner through the Engineer to be done by the
Contractor to accomplish any change, alteration, or addition to
the work shown by the Plans or reasonably implied by the
Specifications and not covered by the Contractor's Proposal,
except as provided in Section 2.03 - "Changes and Alterations ".
It is agreed that the Contractor shall perform all extra work
under the direction of the Engineer when presented with a
written Change Order signed by the Engineer.
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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,
he shall make a written request to the Engineer for a written
Change Order authorizing such extra work. Should a difference
of opinion arise as to what does or does not constitute extra
work or concerning the payment therefor and the Engineer insists
upon its performance, the Contractor shall proceed with the
work after making a written request for a written Change Order
and shall keep an accurate account of the "actual field cost"
thereof as provided under Method "C" below.
2.13 Payment #Or Extra Work. It is agreed that the compensation to
be paid by the Contractor for performing extra work shall be
determined by one or more of the following methods:
Method "A" - By agreed unit prices;
Method "B" - By agreed lump sum; or
Method "C" - If neither Method "A" or Method "B" can be agreed
upon before the extra work is commenced, then the
Contractor shall be paid the "actual field cost"
of the work plus 15%.
Where extra work is performed under Method "C ", the term "actual
field cost" of such extra work is hereby defined to be and shall
include: (a) the payroll cost for all workmen, such as foreman,
mechanics, craftsmen, and laborers; (b) the cost of all
materials and supplies not furnished by the Owner; (c) rental
for all power - driven equipment at agreed -upon rates for the time
actually employed or used in the performance of the extra work;
(d) transportation charges necessarily incurred in connection
with any equipment authorized by the Engineer for use on said
extra work and which is not already on the job; (e) all power,
fuel, lubricants, water, and similar operating expenses; (f)
all incidental expenses incurred as a direct result of such
extra work including sales or use taxes on materials, payroll
taxes, and the additional premiums for construction bonds,
workmen's compensation, public liability and property damage,
and other insurance required by the Contract where the premiums
therefor are based on payroll and material costs.
The Engineer may direct the form in which accounts of the
"actual field costs" shall be kept and may also specify in
writing before the work commences the method of doing the work
and the type and kind of machinery and equipment to be used;
otherwise these matters shall be determined by the Contractor.
Unless otherwise agreed upon, the prices for the use of
machinery and equipment shall be incorporated in the written
extra work Change Order. The 15% of the "actual field cost" to
be paid the Contractor shall cover and compensate him for his
profit, overhead, and general superintendence.
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2.14 Assignment and Subletting.. The Contractor shall not assign or
sublet the work or any part thereof without the previous written
consent of the Engineer, nor shall he assign, by power of
attorney or otherwise, any of the money payable under this
contract unless by and with the consent of the Owner to be
signified in like manner. If the Contractor assigns all or any
part of any monies due or to become due under this Contract, the
instrument of assignment shall contain a clause substantially to
the effect that it is agreed that the right of the assignee in
and to any monies due to to become due to the Contractor shall
be subject to all prior liens of all persons, firms, and
corporations for services rendered or materials supplied for the
performance of the work called for in this Contract.
2.15 Subcontractors, The Contractor shall be as fully responsible to
the Owner for the acts and omissions of his subcontractors and
of persons either directly or indirectly employed by them as he
is for the acts and omissions of persons directly employed by
him. Should any subcontractor fail to perform the work
undertaken by him in a satisfactory manner, his subcontract
shall be immediately terminated by the Contractor upon written
notice from the Engineer.
2.16 Owner's Status. Nothing contained in this Contract shall create
any contractual relation between any subcontractor and the
Owner.
2.17 Completed Portions of Work. The Owner shall have the right to
take possession of and to use any completed or partially
completed portions of the work prior to completion of the entire
work, but such use shall not constitute an acceptance of any of
the work not completed in accordance with the Contract
Documents. If the Engineer determines that taking possession of
and using partially completed work substantially increases the
cost of or delays construction, the Contractor shall be entitled
to extra compensation or extension of time or both as determined
by the Engineer.
2.18 $aterials. All materials furnished by the Contractor shall be
as required by the Plans and Specifications or as otherwise
stipulated. The Contractor shall not start delivery of
materials which he is to furnish until the Engineer has approved
the source of supply of such materials.
2.19 Receiving and Storage of Materials. The Contractor shall make
arrangements for receiving and storing materials. The Owner
will not sign for or receive shipments of materials consigned to
the Contractor. The Owner will not furnish storage space for
materials except where written permission is given by the
Engineer.
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2.20 "Or_Equal ".Clause. Whenever a material, product, or article is
specified or shown on the Plans by using the name of the
proprietary product or of a particular manufacturer or vendor
and is followed by the term "or equal" the Contractor may submit
a written request to the Engineer requesting approval of the use
of a material, product, or article he feels is truly equal to
the one specified. The Engineer will evaluate the request to
determine if the material, product, or article is of equal
substance and function and if it will perform identically the
duties imposed by the general design. Written approval of an
"or equal" material, product, or article must be obtained from
the Engineer before it may be incorporated into the work as a
substitute for that specified in the Contract Documents.
2.21 Completed Work. The Contractor shall maintain continuous
adequate safeguards to protect all completed work from damage,
loss, or the intrusion of foreign elements.
2.22 Materials Furnished by the Owner. The Contractor shall assume
responsibility for and safeguard any and all materials supplied
by the Owner against loss or injury. This provision shall
extend to the taking of all necessary sanitary precautions to
avoid contamination of such materials that must be maintained
and incorporated into the work in a sanitary condition.
2.23 protection of Property. The Contractor shall give reasonable
notice to the owner or owners of public or private property and
utilities when such property is liable to injury or damage
through performance of the work, and he shall make all necessary
arrangements with such owner or owners relative to the removal
and replacement or protection of such property or utilities.
The Contractor shall satisfactorily shore, support, and protect
any and all structures, and all pipes, sewers, drains, conduits,
and other facilities belonging to the Owner, and he shall be
responsible for any damage resulting thereto. The Contractor
shall not be entitled to any damages or extra pay as a result of
any postponement, interference, or delay caused by any such
structures and facilities being on the line of the work whether
they are shown on Plans or not.
2.24 Shelters for Workmen and Baterials. The building or structures
for housing men or the erection of tents or other forms of
protection for workmen or materials will be permitted only as
the Engineer shall authorize or direct. The sanitary conditions
of the grounds in or about such structures shall at all times be
maintained in a manner satisfactory to the Engineer.
-8-
2.25 Sanitary Facilities. The Contractor at his expense shall
furnish necessary sanitary toilet facilities for the use of all
employees on the job site. The facilities shall be of a type
complying with State and local sanitary regulations and shall be
properly secluded from public observation. These facilities
shall be constructed and maintained by the Contractor in such a
manner and at such points as shall be approved by the Engineer.
Their use shall be strictly enforced.
3. CONTRACTOR'S OBLIGATIONS 4ND RESPONSIBILITIES
3.01 Labor. Equipment, Materials and Construction Plant. The
Contractor shall provide all labor, tools, equipment, machinery,
supplies, and materials necessary for the prosecution and
completion of this Contract where it is not specifically
provided that the Owner shall furnish them. The Owner shall not
be held responsible for the care, preservation, conservation, or
protection of any material, tools, or machinery on any part of
the work until it is finally completed and accepted. The
Contractor shall maintain on the job at all times sufficient
labor, material, and equipment to adequately prosecute the work.
3.02 performance. Payment and Maintenance Bonds. It is further
agreed by the Parties to this Contract that the Contractor will
execute separate performance and payment bonds, each in the sum
of 100% of the total Contract price, and a maintenance bond in
the sum of 10% of the total Contract price in standard forms for
this purpose guaranteeing faithful performance of the work and
the fulfillment of any guarantees 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 Owner and that final retainage shall not be
paid until such maintenance bond is furnished and approved by
the Owner. The cost of the premium for the performance, payment
and maintenance bonds shall be included in the price bid by the
Contractor for the work under this Contract, and no extra
payment for such bonds will be made by the Owner.
The surety company or companies underwriting the performance,
payment and maintenance bonds shall be acceptable according to
the latest list of companies holding certificates of authority
from the Secretary of the Treasury of the United States, shall
be duly authorized to act under the laws of the State of Texas
as Surety, and shall be approved by the Owner.
3.03 Contractor's Ability to Perform. Upon request by the Owner the
Contractor shall furnish sufficient evidence of his ability to
perform the work which is outlined in this document. This shall
include an equipment inventory and records showing the
satisfactory completion of projects of equal magnitude in the
past. It shall be the prerogative of the Owner to terminate the
-9-
Contract as outlined in Section 7 "Termination of Contract ", if
job progress indicates that the Contractor lacks either
appropriate experience or ability.
3.04 Superintendence and Inspection. The Contractor shall give
personal attention to the faithful prosecution and completion of
the Contract and shall keep a competent superintendent and any
necessary assistants, all of whom are satisfactory to the
Engineer, on the work continuously during its progress. The
superintendent shall represent the Contractor in his absence,
and all directions given to him by the Owner's representative
shall be as binding as if given to the Contractor.
In the event that the Contractor and the superintendent are both
absent from the site of the work for prolonged periods of time
the Engineer may order any or all work under this Contract to be
stopped until the Contractor provides continuous and proper
supervision of the work. Such stoppage shall not constitute a
basis for any claim against the Owner for damages caused by
delay for such work stoppages.
3.05 Character of Employees. The Contractor agrees to employ only
orderly, competent, and skillful persons to do the work, and
whenever the Engineer shall inform them that the work being
accomplished is of sub - standard character by reason of
carelessness, incompetence, or inexperience on the part of the
workers the installation of such work shall be immediately
suspended and shall not be resumed until the Engineer is
satisfied that the conditions causing such faulty work have been
corrected.
3.06 Contractor's Duty to Protect Persons and _Property. In the
performance of this Contract, the Contractor shall protect the
public and the Owner fully by taking reasonable precaution to
safeguard persons from death or bodily injury and to safeguard
property of any nature whatsoever from damage. Where any
dangerous condition or nuisance exists in and around
construction sites, equipment and supply storage areas, and
other areas in anyway connected with the performance of this
Contract, the Contractor shall not create excavations,
obstructions, or any dangerous condition or nuisance of any
nature whatsoever in connection with the performance of this
Contract unless necessary to its performance, and in that event
the Contractor shall provide and maintain at all times
reasonable means of warning of any danger or nuisance created.
The duties of the Contractor in this paragraph shall be
nondelegable, and the Contractor's compliance with the specific
recommendations and requirements of the Owner as to the means of
warning shall not excuse the Contractor from the faithful
performance of these duties should such recommendations and
requirements not be adequate or reasonable under the
circumstances.
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3.07 Safety Codes. The Contractor shall comply with all applicable
provisions of any Federal, State, County, and Municipal safety
laws and building and construction codes.
All machinery, equipment, and other physical hazards shall be
guarded in accordance with the latest edition of 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.
3.08 Barricades & traffic Control _Signs. When barricades or traffic
control signs are used to satisfy safety requirements, such
barricades or signs shall be properly identified with the
Contractor's name prominently stenciled on both sides of the
barricades with letters at least two (2 ") inches high.
Barricades and signs shall be located and fashioned as per the
Texas Manual on Uniform Traffic Control Devices for Streets and
Highways, 1980 Edition.
3.09 Minimum Wages. All employees directly employed on the work
shall be paid not less than the established prevailing wage
scale for work of a similar character in this locality. A scale
of prevailing wages is included in the Special Conditions of
these Contract Documents. The Contractor shall not pay less
than the general prevailing wages shown on said scale and shall
keep accurate wage records accessible in accordance with Article
5159 of the Revised Civil Statutes of Texas.
3.10 Unsuitable Work or Material. It is understood and agreed that
if the work or any part thereof or any material furnished by the
Contractor for use in the work or selected for the same shall be
deemed by the Engineer as unsuitable or not in conformity with
plans, specifications, and contract documents, the Contractor
shall, after receipt of written notice thereof from the
Engineer, forthwith remove such material and replace, rebuild,
or otherwise remedy such work so that it shall be in full
accordance with this Contract.
Should the Contractor fail to initiate compliance with the above
provision within 72 hours or should he fail to properly
prosecute and complete correction of such faulty work, the
Engineer may direct that the work be done by others and that the
cost of the work be deducted from monies due the Contractor.
3.11 No Waiver of Contractor's Obligations. The Engineer,
supervisor, or project representative shall have no 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,
supervisor, or project representative to condemn any defective
work or material shall release the Contractor from the
obligation to at once tear out, remove, and properly replace the
same at any time prior to final acceptance upon the discovery of
said defective work or material; provided, however, that the
Engineer, supervisor, or project representative shall upon
request of the Contractor inspect and accept or reject any
material furnished, and once the material has been accepted by
the Engineer, supervisor, or project representative such
acceptance shall be binding on the Owner unless it can be
clearly shown that such material furnished was not as
represented and does not meet the specifications for the 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, specifications, and
contract documents for said work, all expense of removing,
re- examination, and replacement shall be borne by the
Contractor; otherwise the expense thus incurred shall be allowed
as "Extra Work" and shall be paid for by the Owner.
3.12 Site Clean U. The Contractor shall not allow the site of the
work to become littered with trash and waste material, but shall
maintain the site in a neat and orderly condition throughout the
construction period. The Engineer shall have the right to
determine what is waste material or rubbish and the manner and
place of disposal. On or before the completion of the work the
Contractor shall, without charge therefor, carefully clean out
all pits, pipes, chambers, or conduits, shall tear down and
remove all rubbish of every kind from the tracts or grounds
which he has occupied, and shall leave them in a condition
satisfactory to the Engineer.
3.13 Guarantee. During a period of twelve (12) months from and after
the date of the final acceptance by the Owner of the work
embraced by this Contract, the Contractor shall make all needed
repairs arising out of defective workmanship or materials, or
both, which in the judgement of the Owner shall become necessary
during such period. If within ten (10) days after the mailing
of a notice in writing to the Contractor or his agent the said
Contractor shall neglect to make or to undertake with due
diligence the aforesaid repairs, the Owner is hereby authorized
to make such repairs at the Contractor's expense; provided,
however, that in case of emergency where, in the judgement of
the Owner, delay would cause serious loss or damage, repairs may
be made without notice being sent to the Contractor, and the
Contractor and /or his Surety (see Section 3.02 on maintenance
bond) shall pay the cost thereof.
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4. OWNER'S OBLIGATIONS AND RESPONSIBILITIES
4.01 Lines and Grades. All necessary lines and grades shall be
furnished by the Engineer. Whenever necessary, work shall be
suspended to permit performance of this work, but such
suspension will be as brief as practicable, and the Contractor
shall be allowed no extra compensation thereof. The Contractor
shall give the Engineer ample notice of the time and place where
lines and grades will be needed. All stakes, marks, etc. shall
be carefully preserved by the Contractor, and in case of
careless destruction or removal by him or his employees such
stakes, marks, etc. shall be replaced as directed by the
Engineer at the Contractor's expense.
4.02 Right of Entry. The Owner reserves the right for its personnel
or its agents to enter the property or location on which the
work herein contracted is being constructed or installed for the
purpose of supervising and inspecting the work or for the
purpose of constructing or installing such collateral work as
the Owner may desire.
4.03 Owner's Representatives. It is agreed by the Contractor that
the Owner shall appoint such Engineer, supervisors; or project
representatives as the said Owner may deem necessary to examine
the material furnished and the work done under this Contract, to
see that the said material is furnished, and to see that said
work is done in accordance with the plans and specifications
therefor. The Contractor shall furnish all reasonable aid and
assistance required by the Engineer, supervisors, or project
representatives for the proper review and examination of the
work and all parts thereof. The Contractor shall regard and
comply with the directions and instructions of the Engineer,
supervisors, or project representatives so appointed when such
directions and instructions are consistent with the obligations
of this Contract.
4.04 Collateral Work. The Owner reserves the right to provide all
labor and material essential to the completion of work that is
not included in this Contract either by a separate contract or
otherwise. Any collateral work shall be prosecuted in such a
manner that it will not damage the Contractor nor delay the
progress of the work being accomplished under this Contract.
The respective rights of and operations of the various interests
involved shall be established and coordinated by the Engineer.
4.05 Night -of -Way. Easements across private property and lands
needed for construction under this Contract will be provided by
the Owner.
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4.06 Adequacy of Design. It is agreed that the Owner shall be
responsible for the adequacy of the design, sufficiency of the
Contract Documents, the safety of the structure and
practicability of the operations of the completed project;
provided the Contractor has compiled with the requirements of
the said Contract Documents, all approved modifications thereof,
and additions and alterations thereto approved in writing by the
Owner. The burden of proof of such compliance shall be upon the
Contractor to show that he has complied with the said
requirements of the Contract Documents, approved modifications
thereof and all approved additions and alterations thereto.
5. SCHEDULING AND PROGRESS OF WORK
5.01 Order and ProsecutiQD o£ tbg Work. 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 conductive to economy of construction;
provided however, that the order and time of prosecution shall
be such that the work shall be completed as a whole or in part
in accordance with this Contract within the time of completion
hereafter designated; provided also that the Engineer may direct
the time and manner of constructing any part or parts of the
work when in his opinion such should be given priority to lessen
the probability of danger to the public or to anticipate
seasonal hazards from the elements or to coordinate with other
work being done for or by the Owner.
5.02 Rate of Progress The Contractor shall give the Engineer full
information in advance as to his plans for carrying on any part
of the work. If at any time prior to the start or during the
progress of the work any part of the Contractor's plant or
equipment or any of his methods of executing the work appear to
the Engineer to be unsafe, inefficient, or inadequate to insure
the required quality or rate of progress of the work, the
Engineer may order the Contractor to increase or improve his
facilities or methods, and the Contractor shall promptly comply
with such orders; failure to comply will result in placing
Contractor in abandonment per Section 8 "Abandonment of Contract
by Contractor "; but neither compliance with such orders nor
failure of the Engineer to issue such orders shall release the
Contractor from his obligation to secure the degree of safety,
the quality of work, and the rate of progress required by this
Contract. The Contractor alone shall be responsible for the
safety, adequacy, and efficiency of his plant, equipment, and
methods.
5.03 Sunday. Holiday, and Night-RILL. Except in connection with the
care, maintenance, or protection of equipment or of work already
done, no work shall be done between the hours of 6:00 p.m. and
7:00 a.m. or on Sundays or legal holidays without written
consent of the Engineer.
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5.04 UindLaacaa___aad__QelaYS• No claims shall be made by the
Contractor for damages, hindrances, or delays from any cause
during the progress of any portion of the work embraced by this
Contract except where the work is stopped by order of the
Owner. If the Owner stops the work for just cause because the
Contractor is not complying with the plans and specifications or
the intent thereof, the Contractor shall have no claim for
damages, hindrances, or delays. However, if the Owner stops the
work for any other reason, the Contractor shall be entitled to
reimbursement paid by the Owner for such expenses actually
incurred which in the judgement of the Engineer occurred as a
result of the work stoppage.
Should delays repeatedly occur due to the Contractor's failure
to provide adequate plant, equipment, or personnel, or where the
Engineer .determines that unreasonable inconvenience to the
public is due to such failure, the Contractor's operations shall
be suspended until he shall have provided adequate plant,
equipment, and personnel to properly resume and continually
prosecute the work.
5.05 BStg0Si4nS__4i__TiMe. Should the Contractor be delayed in the
final completion of the work by any act or neglect of the Owner
or Engineer, or of any employee or either, or by any other
contractor employed by the Owner, or by strikes, fire or other
cause or causes outside of and beyond the control of the
Contractor and which the Engineer determines could have been
neither anticipated nor avoided, then an extension of time
sufficient to compensate for the delay as determined by the
Engineer shall be granted by the Owner; provided, however, that
the Contractor shall give the Owner prompt notice in writing of
such cause of delay in each case. Extensions of time will not
be granted for delays caused by unfavorable weather, unsuitable
ground conditions or inadequate construction force.
5.06 Ligyidatad 124magga__ f4x__ Eailm__t4__Cgmpletg__4a__Timg. The
Contractor agrees that time is of the essence of 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 the preceding
paragraph, the Owner may withhold permanently from the
Contractor's total compensation, not as penalty but as
liquidated damages, the sum of $1,000.00 per calendar day.
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1 6. IAEMNITY
I 6.01 Contractor's jemnity Prov3.S399. To protect the Owner from the
Contractor's failure to perform any of the foregoing duties or
any of the terms of this Contract, the Contractor shall idemnify
and save harmless the Owner and the Owner's agents and employees
I from all losses, damages, judgments, decrees, expenses or costs
of any nature whatsoever arising out of or in anyway connected
with any claims or actions of law or in equity brought against
I the Owner and the Owner's agents and employees for the death or
injury to persons or for damage to property caused, or allegedly
caused, by any willful acts, negligence, nuisance, or breach or
any term or condition of this Contract by the Contractor, his
I
agents, servants, subcontractors, or employees. The Contractor
shall furthermore idemnify and save harmless the Owner and the
Owner's agents and employees from all demands of subcontractors,
I worker, material, persons, or suppliers of machinery and parts
thereof, equipment, power tools, and supplies incurred in
connection with work to be performed under this Contract.
I Property of any description, including property of the Owner,
which shall be damaged in the performance of this Contract by
the Contractor, his agents, employees and subcontractors shall
be restored to its condition prior to damage by the Contractor
' at the Contractor's expense.
6.02 Work en's calliNg S9i,9x1 -1I19urance. The Contractor agrees to
I comply with the Workmen's Compensation Act of the State of
Texas, and to pay or cause to be paid all compensation, medical
or other benefits, which may become due or payable thereunder,
and to protect and idemnify the Owner and the Owner's agents and
I employees from and against any and all liabilities by reason of
accidental injury, disease or death sustained by subcontractor's
employees. The Contractor shall furnish the Owner with a
Il certificate from the Industrial Accident Board evidencing the
Contractor's and subcontractor's compliance with said statute.
6.03 Com9jgllensive General Liability Insurance. The Contractor shall
1 provide and maintain during the life of this Contract and until
all work under said Contract has been completed and accepted by
the Owner, a Comprehensive General Liability insurance policy,
' said policy and the issuing carrier approved by the Owner, which
specifically insures the contractual liability of the Contractor
assumed under Paragraph 6.01 above entitled "Contractor's
I Idemnity Provision ". The liability coverage under this policy
shall cover Independent Contractors. Liability limits for the
Comprehensive General Liability insurance coverage under this
policy shall not be less than the following:
II Bodily Injury $100,000 each person
$300,000 each accident
1 -16-
Property Damage $ 25,000 each accident
$ 50,000 aggregate
6.04 Owner's Protective Insurance. 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 Comprehensive General Liability coverage as described
in 6.03 above entitled "Comprehensive General Liability
Insurance ".
6.05 Comprehensive Automobile Liability Insurance 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, a Comprehensive Automobile Liability
insurance policy, said policy and issuing carrier approved by
the Owner, covering the operation on or off the site of the work
of all motor vehicles licensed for highway use, whether they are
owned, non - owned, or hired by the Contractor, in which shall
specifically insure contractural liability of the Contractor
assumed under the above Paragraph 6.01 entitled "Contractor's
Idemnity Provision ". The liability limits for the Comprehensive
Automobile Liability insurance coverage shall not be less than
the following:
Bodily Injury $100,000 each person
$300,000 each accident
Property Damage $ 50,000 each accident
6.06 Insurance Certificate. in connection with the insurance
coverage set out in sections 6.02, 6.03, 6.04, and 6.05 above,
the Contractor shall furnish the Owner with a certificate
verifying said insurance. Said certificate shall state that the
Owner shall be given ten (10) days advance written notice before
any provisions of the policies are changed or in the event said
policies shall be cancelled. This Certificate of Insurance
shall be provided to the Owner prior to starting any
construction work in connection with this Contract.
7. TERMINATION OF CONTRACT
7.01 Bight of Owner to Terminate. If the contractor should be guilty
of substantial violation of the Contract or any provision
thereof, the Owner, upon certification by the Engineer as to the
nature and extent of such violation, may without prejudice to
any other resources or remedy give the Contractor written notice
of termination of the employment of the contractor ten (10) days
subsequent to such notice. Immediately following such date, the
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Owner may take possession of the site of the work and all
material, equipment, tools, and appliances thereon and may
finish the work in accordance with the provision of Section 8
"Abandonment of Contract by Contractor ", of these General
Conditions.
7.02 Might of Contractor to Terminate. If work should be stopped by
order of any public authority or court through no act or fault
of the Contractor for a period of three (3) months of if the
Owner should substantially fail to perform the provisions of the
Contract with regard to Owner's obligations to the Contractor,
then the Contractor may, upon ten (10) days written notice to
the Owner, terminate this Contract and recover from the Owner
payment for all completed work.
7.03 Removal of Equipment. In the event that the Contract should be
terminated for any reason whatsoever, the Owner may request the
Contractor in writing to remove any or all of his equipment,
tools, and supplies, and the Contractor shall comply with the
request within ten (10) days after receipt of the notice.
Should he fail to do so within ten (10) days after receipt of
such notice, the Owner shall have the right to remove such
equipment and supplies at the expense of the Contractor and to
place such equipment, tools and supplies in storage at the risk
and expense of the Contractor.
8. 118RNDONMENT OF CONTRACT _DY CONTRACTOR
8.01 Notification _of Contractor. If the Contractor should abandon
and fail to resume work within ten (10) days after written
notification from the Owner or the Engineer or if the Contractor
fails to comply with the orders of the Engineer when such orders
are consistent with this Contract or with the specifications
hereto attached, then the Contractor shall be deemed as having
abandoned the Contract. The Surety on the bond shall be
notified in writing and directed to complete the work, and a
copy of said notice shall be delivered to the Contractor.
8.02 Retention of Contractor's Equipment and Materials by Owner.
After receiving said notice of abandonment the Contractor shall
not remove from the work any machinery, equipment, tools,
materials, or supplies then on the job, but the same together
with any materials and equipment under contract for the work may
be held for use on the work by the Owner or the Surety on the
performance bond or another contractor in completion of the
work; and the Contractor shall not receive any rental or credit
therefore except when used in connection with extra work where
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credit shall be allowed as provided for under Section 2.12
entitled "Extra Work ", it being understood that the use of such
equipment and materials will ultimately reduce the cost to
complete the work and will be reflected in the final settlement.
8.03 Methods of Completing the Work. If the Surety should fail to
commence compliance with the notice for completion herein before
provided within ten (10) days after service of such notice, then
the Owner may provide for completion of the work in either of
the following elective manners:
a. The Owner may thereupon employ such force of workers and
use such machinery, equipment, tools, materials, and
supplies as said Owner may deem necessary to complete the
work and charge the expense of such labor, machinery,
equipment, tools, materials, and supplies to said
Contractor, and the expense so charged shall be deducted
and paid by the Owner out of such monies as may be due or
that may thereafter at any time become due to the
Contractor under and by virtue of this Contract. In case
such expense is less than the sum which would have been
payable under this Contract if the same had been completed
by the Contractor, then said Contractor shall receive the
difference. In case such expense is greater than the sum
which would have been payable under this Contract if the
same had been completed by said Contractor, then the
Contractor or his Surety shall pay the amount of such
excess to the Owner.
b. The Owner under sealed bids, after fourteen (14) days
notice published two (2) or more times in a newspaper
having a general circulation in the county of location of
the work, may let the contract for the completion of the
work under substantially the same terms and conditions
which are provided in this Contract. In case of any
increase in cost to the Owner under the new contract as
compared to what would have been the cost under this
Contract, such increase shall be charged to the Contractor,
and the Surety shall be and remain bound therefor.
However, should the cost to complete any such new contract
prove to be less than what would have been the cost to
complete under this Contract, the Contractor or his Surety
shall be credited therewith.
8.04 Final Acceptance. When the work has been completed the
Contractor and his Surety shall be so notified and a Contract
Completion Certificate as hereinafter provided shall be issued.
A complete itemized statement of the Contract accounts certified
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by the Engineer as being correct shall then be prepared and
delivered to the Contractor and his Surety, whereupon the
Contractor, his Surety or the Owner, as the case may be, shall
pay the balance due as reflected by said statement within
fifteen (15) days after the date of such Contract Completion
Certificate.
8.05 Pisposition of Contractor's Equipment. In the event the
statement of accounts shows that the cost to complete the work
is less than that which would have been the cost to the Owner
had the work been completed by the Contractor under the terms of
this Contract or when the Contractor or his Surety pay the
balance shown to be due by them to the Owner, then all
machinery, equipment, tools, materials, or supplies left on the
site of the work shall be turned over to the Contractor or his
Surety. Should the cost to complete the work exceed the
contract price, and the Contractor or his Surety fail to pay the
amount due the Owner within the time designated hereinabove, and
there remains any machinery, equipment, tools, materials, or
supplies on the site of the work, notice thereof together with
an itemized list of such equipment and materials shall be mailed
to the Contractor and his Surety at the respective addresses
designated in this Contract; provided, however, that actual
written notice given in any manner will satisfy this condition.
After mailing or other giving of such notice such property shall
be held by the Owner at the risk of the Contractor and his
Surety subject only to the duty of the Owner to exercise
ordinary care to protect such property. After fifteen (15) days
from the date of said notice the Owner may sell such machinery,
equipment, tools, materials, or supplies and apply the net sum
derived from such sale to the credit of the Contractor and his
Surety. Such sale may be made at either public or private sale,
with or without notice, as the Owner may elect. The Owner shall
release any machinery, equipment, tools, materials, or supplies
which remain on the work and belong to persons other than the
Contractor or his Surety to their proper owners.
9. MEASUREMENT AND PAYMENT
9.01 Character of Measurements. No extra or customary measurements
of any kind will be allowed but the actual length, area, solid
contents, number, and weight only shall be considered unless
otherwise specifically provided.
9.02 Estimated vs. Actual Ouantities. Any and all estimated
quantities stipulated in the proposal form under unit price
items are approximate and are to be used only (a) as a basis for
estimating the probable cost of the work and (b) for the purpose
of comparing the proposals submitted for the work. It is
understood and agreed that the actual amounts of work done and
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materials furnished under unit price items may differ from such
estimated quantities and that the basis of payment for such work
and materials shall be for the actual amount of such work done
and the actual quantity of materials furnished.
The Contractor agrees that he will make no claim for damages,
anticipated profits, or otherwise on account of any difference
between the amount of work actually performed and materials
actually furnished and the amounts estimated therefor in the
proposal or other Contract Documents; provided, however, that if
the actual quantity of any item should become as much as
twenty -five (25%) percent more or twenty -five (25%) percent less
than the estimated or contemplated quantity for such items, then
either party to this Contract shall be entitled upon demand to a
revised consideration on the portion of the work above or below
twenty -five (25%) percent of the estimated quantity prior to
initiating work or furnishing materials for the overrun or
underrun quantities. Such revised consideration shall be
determined by agreement between the parties or otherwise by the
terms of this Contract as provided under Section 2.12 entitled
"Extra Work ".
9.03 Rayment. In consideration of the furnishing of all the
necessary labor, equipment, and material and the completion of
all work by the Contractor, and on the completion of all work
and the delivery of all material embraced in this Contract in
full conformity with the specifications and stipulations
contained herein, the Owner agrees to pay the Contractor the
amounts set forth in the Proposal attached hereto which has been
made a part of this Contract. The Contractor hereby agrees to
receive such amounts in full payment for furnishing all material
and all labor required for the aforesaid work, 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 Contract,
the attached specifications, and requirement of the Engineer.
9.04 Monthly Estimates and Payments. The Contractor shall furnish to
the Engineer by the twenty -fifth of the month such detailed
information as he may request to aid him as a guide in the
preparation of monthly estimates. On or about the first day of
each month the Engineer will make an approximate estimate of the
value of work done in conformity with the plans and
specifications during the previous calendar month. After each
such estimate shall have been approved by the Owner, the Owner
shall pay to the Contractor ninety (90%) percent of the amount
of such estimated sum on or before the 15th day of said month.
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It is understood, however, that in case the whole work is near
to completion and some unexpected or unusual delay occurs due to
no fault or neglect on the part of the Contractor, the Owner
may, upon written recommendation of the Engineer, pay a
reasonable and equitable portion of the retained percentage to
the Contractor.
9.05 Certificates of Completion. Within ten (10) days after the
Contractor has given the Engineer notice that the work has been
completed the Engineer shall inspect the work and satisfy
himself by examination and test that work has been finally and
fully completed in accordance with the plans, specifications,
and Contract. If so, the Engineer shall issue a Contract
Completion Certificate to the Owner and the Contractor. Such
certificate when issued shall constitute final acceptance of the
work covered under this Contract and serve as the date for
stoppage of the contract period specified for completion of the
Project.
9.06 Final Estimate and .Payment. After the Contract Completion
Certificate has been issued the Engineer shall proceed to make
final measurements and to prepare a final estimate of the work
done and materials furnished under this Contract and the value
thereof. The Engineer shall certify the Final Estimate and
submit it to the Owner within five (5) days from the date of the
Contract Completion Certificate; provided the Notarized
Affidavit specified in Section 9.07 has been received by the
Engineer.
The Owner shall pay the Contractor within fifteen (15) days from
the date of the Contract Completion Certificate the entire sum
shown due on the certified Final Estimate prepared by the
Engineer after deducting all amounts to be kept and retained
under any provision of this Contract. However, it is to be
specifically understood that the final payment will not be paid
by the Owner to the Contractor under any circumstances until the
Notorized Affidavit required by Section 9.07 entitled "Notarized
Affidavit ", has been submitted to the Engineer.
All prior estimates and payment shall be subject to correction
in the final estimate and payment; but in the absence of error
or manifest mistake, it is agreed that all estimates, when
approved by the Owner, shall be conclusive evidence of the work
done and materials furnished.
9.07 Notarized Affidavit Before final payment for the work by the
Owner the Contractor shall submit to the Engineer a notarized
affidavit in duplicate stating under oath that all
subcontractors, vendors, and other persons or firms who have
furnished or performed labor or furnished materials for the work
have been fully paid or satisfactorily secured. Such affidavit
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shall bear or be accompanied by a statement, signed by the
Surety Company who provided the performance bond for the work,
to the effect that said Surety Company consents to final payment
to the Contractor being made by the Owner.
9.08 ye1ease of Liability The acceptance by the Contractor of the
last payment shall operate as and shall be a release to the
Owner and every officer and agent thereof from all claims and
liability hereunder for anything done or furnished for or
relating to the work or for any act or neglect of the Owner or
of any person relating to or affecting the work.
9.09 Contractor's Obligation. Neither the Contract Completion
Certificate 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
in the Contract Documents.
9.10 Payments Withheld. The Owner may, on account of subsequently
discovered evidence, withhold or nullify the whole or part of
any payment to such extent as may be necessary to protect
himself from loss on account of:
a. Defective work not remedied.
b. Claims filed or reasonable evidence indicating probable
filing of claims.
c. Failure of the Contractor to make payment properly to
subcontractors or for material or labor.
d. Damage to another contractor.
When the above grounds are removed or the Contractor provides a
Surety Bond satisfactory to the Owner, which will protect the
Owner in the amount withheld, payment shall be made for amounts
withheld because of them.
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SPECIAL CONDITIONS
SECTION 01 - INFORMATION
01 -01 ENGINEER
01 -02 COPIES OF.PLANS AND SPECIFICATIONS FURNISHED
01 -03 GOVERNING CODES
01 -05
01 -06 OWNER
01 -07 LOCATION
The word "Engineer" in these Specifications shall be
understood as referring to HAYNIE KALLMAN & GRAY,
INC., 12212 -H Technology Blvd., Austin, TX 78727.
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 seven
(7) counterpart (original signed) sets. Owner will
furnish Contractor two (2) sets of conforming
Contract Documents, Technical Specifications and
Plans free of charge, and additional sets will be
obtained from Engineer at commercial reproduction
rates plus 15% for handling.
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 LIOUSDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME
Refer to the General Conditions of Agreement, Section
5.06, Page 15 for description.
TIME OF COMPLETION
The work shall be completed within the number of
calendar days stated in the Proposal. The time shall
begin from the date of the Agreement, or from the
date of the Notice to Proceed, which ever is latest.
The Owner shall be the party or parties named in the
Notice to Contractor.
The location of work shall be as mentioned in the
Notice to Contractors and as indicated on Plans.
S -1
SECTION 02 - $PECIA3, CONSIDERATIONS
02 -01 CROSSING UTILITIES
02 -02 "AS- BUILT" DRAWINGS
02 -03 LANDS FOR WORE
02 -04 UTILITY SERVICES FOR CONSTRUCTION
02 -05 GUARANTEES
Prior to commencing construction, 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.
The Contractor shall mark all changes and revisions
on all of his copies of the working drawings. Upon
completion of the Project and prior to final
acceptance and payment, the Contractor shall deliver
his correctly marked set of drawings to the Engineer.
Owner provides, as indicated on Drawings, land upon
which work is to be done, rights -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.
The Contractor will be responsible for providing his
own utility services during construction. No
additional payment will be made for this item.
Guarantee work, including equipment installed, to be
free from defects due to faulty workmanship or
materials for a period of one (1) year from the date
specified on the Certificate of Completion. Upon
notice from Owner, repair defects in all construction
which develop during specified period at no cost to
Owner. Neither final acceptance, Certificate of
Completion, final payment nor any provision in
Contract Documents relieves Contractor of above
guarantee. Notice of observed defects will be given
with reasonable promptness. Failure to repair or
replace defect upon notice entitles Owner to repair
or replace same and recover reasonable cost thereof
from Contractor.
S -2
02 -06 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES
Whenever existing utilities, not indicated on Plans,
present obstructions to grade and alignment of pipe,
immediately notify Engineer, who without delay, will
determine whatever existing improvements. are to be
relocated, or grade and alignment of pipe changed.
Where necessary to move existing services, poles, guy
wires, pipelines, etc., as determined by the
Engineer, the Contractor will make arrangements with
the owner of the utility to be moved and have it
moved. The cost of any utility relocation will be at
the Contractor's sole expense. Owner will not be
liable for relocation costs or damages on account of
delays due to changes made by owners of privately
owned utilities which hinder progress of the work.
02 - 07 MINIMUM WAGE SCALE
Minimum wage scale as specified and regulated by the
State of Texas and the Federal Government.
02 -08 LIMIT OF FINANCIAL RESOURCES
The Owner has a limited amount of financial resources
committed to this Project; therefore, it shall be
understood by all bidders that the Owner may be
required to change and /or delete any items which he
may feel is necessary to accomplish all or part of
the scope of work within its limit of financial
resources.
Contractor shall be entitled to no claim for damages
for anticipated profits on any portion of work that
may be omitted. At any time during the duration of
this contract, the Owner reserves the right to omit
any work from this contract. Unit prices for all
items previously approved in this contract shall be
used to delete or add work per change order.
02 -09 CONSTRUCTION REVIEW
The Owner shall provide a project representative to
review the quality of materials and workmanship.
02 -10 LIMITS OF WORK AND PAYMENT
It shall be the obligation of the contractor to
complete all work included in this contract, so
authorized by the Owner, as shown on the drawings or
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SECTION 03 -
described in the
specifications.
specifically paid
included in the
arising as the the
the interpretation
02 -11 EAXMENT_EQB_MBTERIALE_4N_NANP
02 -12
contract documents and technical
All items of construction not
for in the bid schedule shall be
unit price bids. Any question
limits of work shall be left up to
of the Engineer.
Owner shall pay for 90% of amount of materials on
hand in accordance with monthly estimate procedure
stipulated in the General Conditions of the
Agreement.
ONETKIICTIO_ETAKIK
The Engineer shall provide construction staking for
this project. The Contractor shall furnish and pay
for any re- staking.
EN4TECTIO_a_ETBKEE._MARKE._ETC.
All engineering and surveyor's stakes, marks,
property corners, etc., shall be carefully preserved
by the Contractor, and in case of destruction or
removal during the course of this project, such
stakes, marks, property corners, etc., shall be
re- staked by the Contractor at the Contractor's sole
expense without additional compensation by the Owner.
The Contractor shall furnish to the Owner, AT THE
CONTRACTOR'S EXPENSE, the Engineer's certification
that ALL property pins are in place prior to his
moving off the job site. Such certification will be
expected of each Contractor involved with the
project.
INEIIRaNCE
03 -01 Insurance policies must be obtained by the Contractor
or separate endorsement obtained by his existing
insurance policies on projects that involve special
hazards, such as blasting, excavation on public
properties, etc.
The principal types of insurance which will be
necessary are:
S -4
EuLlis _LiabilitY_and_Er44grtY__pamas4 to protect the
Contractor, any of his sub - contractors and the Owner
against claims arising from personal injury,
including accidental death, as well as claims for
property damage.
The amount for liability is $100,000/$300,000. The
amount of property damage will depend upon the
magnitude and nature of the project.
Aut4m4ti14__ and_ rusk_ Eubli4_LiabilitY__aDd__Er4& €rtY
Damage to protect the same individuals as indicated
under Public Liability and Property Damage above, and
in the same amount of liability.
134rkgr! D_ COMeDDati4D _aDd_EmPl4Y4r'a_LiatilitY
Builder_a_giak_ID & utance is necessary to cover loss
of or damage to the building materials while the
project is under construction.
The Contractor shall supply to the Owner a
Certificate of insurance, on a form supplied by the
insurance companies or a form similar to the attached
samples from the Contractor prior to the start of
work.
Qwner!S___Er4tective as required by the General
Conditions of the Agreement.
S -5
TECHNICAL SPECIFICATIONS
ITEM 1 ONER4L_PEEOIETI4N
1.01 EQQEE_QE_WQR#5
The work covered by these Specifications consists of
furnishing all labor, equipment, appliances, materials and
performing all operations in connection with regional
detention improvements on S.C.S. Lake No. 14 complete in
accordance with the Plans, and subject to the terms and
conditions of the Contract Documents.
PE TENT_IQN_IMERQYENNNTE
The current Standard Specifications for Public Works
Construction of City of Austin Engineering Department and
the City of Austin Erosion & Sedimentation Control Manual,
are incorporated into this project and they shall be
applied to this project except as modified in these
Specifications and on the Plans.
Wherever the term "City of Austin" is used in the Austin
Specifications, it shall be construed to mean City of
Round Rock.
Wherever the term "Engineer" is used in the Austin
Specifications, it shall be construed to mean Haynie
Hallman & Gray, Inc.
1 -1
ITEM 2 faincgd-gaiffilai
2.01 CLEAN -UP
2.01.1 CONSTRUCTION SIT£
2.01.2 DACEWORE
2.02 GRADING
During construction the Contractor shall keep the site
free and clean from all rubbish and debris and shall
clean -up the site promptly when notified to do so by the
Engineer.
The Contractor ' shall, at his own expense, maintain the
streets and roads free from dust, mud, excess earth or
debris which constitutes a nuisance or danger to the
public using the thoroughfare, or the occupants of
adjacent properties.
Care shall be taken to prevent spillage on streets and
roads over which hauling is done, and any such spillage or
debris deposited on streets, due to the Contractor's
operations, shall be immediately removed.
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 the area adjacent
to streets and drainage facilities as may be necessary to
leave the area in a neat and satisfactory condition
approved by the Engineer.
2 -1
ITEM 3 EXANINATIQN_ANP_BEYIEW
3.01 EXaMINATIQN_QE_WOBK
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 NQTIEIcaTIQN
The Engineer must be notified a minimum of 24 -hours in
advance of beginning construction, testing, or requiring
presence of Engineer or project representative.
3.03 ONTEETIQN_gTagiUg
The Engineer shall furnish the Contractor alignment and
reference hubs for excavation and embankment at an agreed
interval and offset, together with cut sheets showing the
difference in elevation from top of the stakes to the
finished grade elevation.
This construction staking will be provided one (1) time at
the sole expense of the Owner. All re- staking will be
provided by the Contractor and paid for by the Contractor
at his sole expense without additional compensation by the
Owner.
BEAT ECTIQN_QE_gThEEEL_NAEHEt_ETC.
All engineering and surveyor's stakes, marks, property
corners, etc., shall be carefully preserved by the
Contractor, and in case of destruction or removal during
the course of this project, such stakes, marks, property
corners, etc., shall be replaced by the Contractor at the
Contractor's sole expense.
The Contractor shall furnish to the Owner, AT THE
CONTRACTOR'S EXPENSE, the Engineer's certification that
ALL property pins are in place prior to his moving off the
job site. Such certification will be expected of each
Contractor involved with the project.
The Contractor's final pay estimate will not be released
to the Owner for payment until all property corners in the
Project have been verified in place to the Engineer's
satisfaction in accordance with the above schedule.
• 3 -1
CUT SHEETS - OTHER THAN THE CITY OF AUSTIN
The Engineer shall furnish two (2) copies of cut sheets to
the Contractor. The Contractor shall be responsible for
acquiring cut sheets at the office of the Engineer.
3 -2
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ITEM 4 PROTECTION AND PRECAUTION
4.01 WORR_IN FREEZING WEATHER
Portions of the work may continue as directed by the
Engineer.
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4.02 PROTECTION OF TREES. PLANTS AND SSRUBS
' 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
1 trees and plants for construction right -of -way but only
with approval of the Engineer.
4.03 BARRICADES
1 Barricades shall be installed, in locations deemed
necessary by the Engineer, for the protection of life and
property. Under no circumstances will any existing road
be permitted to remain closed over a weekend.
4.04 PROPERTY LINES AND MONUMENTS
1 The Contractor shall be responsible for the protection,
reference and resetting of property corner monuments if
I disturbed.
4.05 pISPOSAL OF SURPLUS MATERIAL
1 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.
1 4.06 CONTRACTOR'S UBE OF PREMISES
The Contractor shall, at his own expense, provide
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storage of materials.
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ITEM 5 MATERIALS
5.01 TRADE NAMES
Except as specified otherwise, wherever in the
specifications an article or class of material is
designated by a trade name or by the name or catalog
number of any maker, patentee, manufacturer, or dealer,
such designations shall be taken as intending to mean and
specify the articles described or another equal thereto in
quality, finish, and serviceability for the purpose
intended, as may be determined and judged by the Engineer
in his sole discretion.
5.02 MATERIALS AND WORKMANSHIP
No material which has been used by the Contractor for any
temporary purpose whatever is to be incorporated in the
permanent structure without the written consent of the
Engineer. Where materials or equipment are specified by a
trade or brand name, it is not the intention of the owner
to discriminate against an equal product of another
manufacturer, but rather to set a definite standard of
quality for performance, and to establish an equal basis
for the evaluation of bids. Where the words "equivalent ",
"proper" or "equal to are used, they shall be understood
to mean that the item referred to shall be "proper ", the
"equivalent" of, or "equal to some other item, in the
opinion or judgement of the Engineer. Unless otherwise
specified, all materials shall be the best of their
respective kinds and shall be in all cases fully equal to
approved samples. Notwithstanding that the words "or
equal to or other such expressions may be used in the
specifications in connection with a material, manufactured
article or process, the material, article or process
specifically designated shall be used, unless a substitute
is approved in writing by the Engineer, and the Engineer
will have the right to require the use of such
specifically designated material, article or process.
5 -1
ITEM 6 DETENTION IMPROVEMENTS
6.01 TECHNICAL SPECIFICATIONS
The following items from the City of Austin Standard
Specifications for Public Works Construction are modified
as shown below;
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102.1 Description
The work covered by this item consists of removing and
disposing of all trees, stumps, brush, roots, shrubs,
vegetation, logs, rubbish and other objectionable material
where excavation or embankment is shown on the plans.
102.2 Construction Methods
The areas as described above shall be cleared of all
trees, stumps, brush, etc., except those trees or shrubs
designated by the Engineer. Trees and shrubs designated
for preservation shall be carefully trimmed as directed by
the Engineer and shall be protected from scarring,
barking, or other injuries during construction
operations. Exposed ends of pruned limbs shall be treated
with an approved asphaltic material.
Areas required for embankment construction or excavation
shall be cleared and grubbed. On areas required for
embankment construction, all stumps, roots, etc., shall be
removed to a depth of at least one (1') foot below the
existing ground surface. All holes remaining after
clearing and grubbing shall be backfilled and tamped as
directed by the Engineer and the entire area bladed to
prevent ponding of water and to provide drainage, except
in areas to be immediately excavated the Engineer may
direct the holes not be backfilled.
All cleared and grubbed material shall be disposed of in a
manner satisfactory to the Engineer. Unless otherwise
provided, all materials as above described shall become
the property of the Contractor.
The Contractor may not be allowed to burn material, except
by permission of the Engineer.
102.3 Measurement
"Clearing and Grubbing ", will be measured by the acre.
6 -1
102.4 Payment
"Clearing and Grubbing ", shall be paid for at the unit
price bid per acre for "Clearing and Grubbing ", which
price shall be full compensation for all work herein
specified, including the furnishing of all materials,
equipment, tools, labor and incidentals necessary to
complete the work.
rtem 120 - Excavation
120.1 Description
The work covered by this item consists of excavation
within the limits shown on the plans, regardless of the
type of material encountered; removing and properly
utilizing or otherwise satisfactorily disposing of all
excavated materials, hauling, removal and replacement of
all fences encountered with like fencing; the
constructing, shaping, and finishing of all earthwork
involved in conformity with the required line, grades, and
cross sections and in accordance with the plans and
specifications herein outlined.
120.2 Classification
All excavation will be unclassified, and shall include all
materials encountered regardless of their nature or the
manner in which they are removed.
120.4 Measurement
Accepted excavation will be measured by the volume of
excavation in cubic yards by the average- end - areas. Cross
sectional areas shall be computed from the existing ground
sections to the established final section shown on the
plans.
120.5 Payment
This item will be paid for at the contract unit price bid
for "Excavation," per cubic yard as included in the
proposal, which price shall be full compensation for
furnishing all materials, equipment, tools, labor, hauling
to designated areas, fencing, and incidentals necessary to
complete the work.
Item No. 132 - Embankment
132.1 Description
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The work covered by this item consists of the placing and
compacting of suitable materials obtained from approved
sources for utilization in the construction of detention
improvements as shown on the plans.
132.2 Construction Methods
(1) General
Prior to placing any embankment, all "Clearing and
Grubbing" operations shall have been completed on the
areas over which the embankment is to be placed. Stump
holes or other small excavations in the limits of the
embankments shall be backfilled with suitable material and
thoroughly tamped by approved methods before commencing
embankment construction. The surface of the ground,
including plowed loosened ground, or surface roughened by
small washes shall be restored to approximately its
original slope and the ground surface thus prepared shall
be compacted by sprinkling and rolling.
Unless otherwise indicated on plans, the surface of the
ground of all unpaved areas other than undisturbed rock
which are to receive embankment shall be loosened by
scarifying or plowing to a depth of not less than 4
inches. The loosened material shall be recompacted with
the new embankment as hereinafter specified.
Where indicated on plans or directed by the Engineer, the
surface of hillsides to receive embankment shall be
loosened by scarifying or plowing to a depth of not less
than 4 inches, or cut into steps before embankment is
raised. The material which has been loosened shall be
recompacted simultaneously with the embankment material
placed at the same elevation.
Trees, stumps, roots, vegetation, or other unsuitable
materials shall not be placed in any embankment.
Except as otherwise required by the plans, all embankment
shall be constructed in layers approximately parallel to
the finished grade shown on the plans.
Embankments shall be constructed to the finished grade
elevations as shown on the plans, it shall be continuously
maintained to its finished section and grade until final
acceptance.
(2) Embankments
Embankments shall be defined as those composed of material
other than rock, and shall be constructed of accepted
material from approved sources.
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Except as otherwise specified, embankments shall be
constructed in successive 8 -inch layers for the full width
of the individual cross section and in such length as are
best suited to the sprinkling and compaction methods
utilized.
Minor quantities of rock encountered in constructing
embankment shall be incorporated in the specified
embankment layers provided such placement of rock is not
immediately adjacent to structures.
Each layer of embankment shall be uniform as to material,
density and moisture content before beginning compaction.
Where layers of unlike materials abut each other, each
layer shall be featheredged for at least 100 feet or the
material shall be so mixed as to prevent abrupt changes in
the soil. No material placed in the embankment by dumping
in a pile or windrows shall be moved by blading or similar
methods. Clods or lumps of material shall be broken and
the embankment material mixed by blading, harrowing,
discing or similar methods to the end that a uniform
material of uniform density is secured in each layer.
Water required for sprinkling to bring the material to the
moisture content necessary for maximum compaction shall be
evenly applied and it shall be the responsibility of the
Contractor to secure a uniform moisture content throughout
the layer by such methods as may be necessary.
Compaction of embankments shall be obtained by the
"Density Control" method. Each layer shall be compacted
to the required density by any method, type, and size of
equipment which will give the required compaction. Prior
to and in conjunction with the rolling operation, each
layer shall be brought to the moisture content necessary
to obtain the required density and shall be kept leveled
with suitable equipment to insure uniform compaction over
the entire layer.
For each layer of embankment and select material, it is
the intent of this specification to provide the density as
required herein, unless otherwise shown on the plans.
Soils shall be sprinkled as required and compacted to the
extent necessary to provide not less than 95 percent of
the density as determined in accordance with THD Test
Method Tex - 113 -E.
After each layer of embankment or select material is
complete, tests as necessary will be made by the
Engineer. If the material fails to meet the density
specified, the course shall be reworked as necessary to
obtain the specified compaction. The testing company will
be chosen by the Engineer.
6 -4
132.3 Measurement
All accepted embankment will be measured in place and the
volume computed in cubic yards by the method of
average -end areas. No allowance will be made for
shrinkage.
132.4 Payment
Embankment will be paid for at the contract unit price bid
for "Embankment," which price shall be full compensation
for all work herein specified, including the furnishing of
all materials, equipment, tools, labor, testing, and
incidentals necessary to complete the work.
Item 601_- Salvaging and Placing Topsoi
601.1 Description
"Salvaging and Placing Topsoil" shall consist of salvaging
topsoil and placing on all embankment areas and as
directed by the Engineer, to a depth of 6 inches or as
directed by the Engineer.
601.2 Construction Methods
The existing topsoil shall be taken from within the limits
of construction and stockpiled in designated locations or
spread over an area that is ready for topsoil application
in accordance with the plans and as directed by the
Engineer.
Trash, wood, brush stumps and other objectionable
materials encountered shall be removed and disposed of as
directed by the Engineer prior to beginnning of work
required by this item in accordance with Item 102.
The spreading of the salvaged topsoil shall be undertaken
as soon as the grading has been completed or at such time
as directed by the Engineer. The topsoil shall be spread,
as directed by the Engineer, so as to form a cover of
uniform thickness. After the topsoil has been placed and
shaped, it shall be sprinkled and /or rolled as directed by
the Engineer.
601.3 Measurement and Payment
Salvaging and placing topsoil will not be measured for
payment, but shall be subsidiary to Item 604, "Seeding for
Erosion Control ".
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rtem 604 - Seeding for Erosion Control
604.1 Description
"Seeding for Erosion Control" shall consist of preparing
ground, providing for sowing of seeds, hydromulching and
other management practices along and across all embankment
areas or as designated by the Engineer and in accordance
with these specifications.
604.2 Materials
All seed must meet the requirements of the Texas Seed Law
including the labeling requirements for showing purity,
germination, name and type of seed. Seed furnished shall
be of the previous season's crop and the date of analysis
shown on each bag shall be within nine months of the time
of delivery to the project. Each variety of seed shall be
furnished and delivered in separate bags or containers. A
sample of each variety of seed shall be furnished for
analysis and testing when directed by the Engineer. The
amount and type of seed planted shall be as follows: from
March 2 to September 14, seeding shall be with hulled
Bermuda grass (Cynoden Dactolyn) at the rate of 1 pound
per 1,000 square feet with purity of 95% with 85%
germination. From September 15 to March 1, seeding shall
be with a combination of 1 pound per 1,000 square feet of
unhulled Bermuda and 3 pounds per 1,000 square feet of
Winter Rye with a purity of 95% with 90% germination.
Fertilizer shall have an analysis of 20:20:20 and shall be
applied at the rate of 200 pounds per acre. Seeding shall
be watered until uniform growth is established. Mulch
type to be Pulp applied at a rate of 1,500 pounds per
acre. Seeding shall be acceptable when the grass has
grown at least 1" high with 85% coverage and no bare spots
larger than 10 square feet exist.
604.9 Measurement
Work and acceptable material for "Seeding for Erosion
Control" will be measured by the acre, complete in place.
604.10 Payment
The work performed and materials furnished and measured as
provided under "Measurement" will be paid for at the unit
price bid for "Seeding for Erosion Control ", which price
shall be full compensation for furnishing all materials,
including all water, fertilizer, seed, hydromulching and
for performing all operations necessary to complete the
work.
6 -6
Spoil (Earth and Rock)
All spoil site locations will be utilized only after all
fill needed for embankment has been put in place. Spoil
sites will be used for acceptable earth and rock only.
All trees, stumps, vegetation or other unsuitable
materials as determined by the Engineer will become the
property of the Contractor and disposed of at his sole
expense. Stockpiling or placement of loose cover in the
spoil sites will be determined in the field by the
Engineer during construction. There will be no extra pay
for spoil hauling, handling or spreading. This item will
be considered subsidiary to Item 120, "Excavation ".
primary Spillway Modifications
Description
The work covered by this item consists of furnishing all
materials, labor, equipment, and appurtenances related to
the modifications to the primary spillway as shown on the
plans. These modifications include cutting two ports,
installing two inlet baffles over the new ports, and
installing two steel covers over the existing inlet ports.
Construction Method
The installation of the two new ports in the side of the
existing concrete primary spillway will be done by means
of a saw cut not to exceed the size of the port as shown
in the plans. Edges will be grouted to provide a smooth
uniform surface. All steel re -bar encountered during the
saw cut will be cut smooth by means of a cutting torch and
will be sealed with an epoxy coating. The installation of
two inlet baffles and the installation of the two steel
covers will be as shown on the plans. The inlet baffles
will be fabricated as one complete unit, consisting of a
mount flange, scum protection box and steel grating as
shown on the plans. All fabricated steel shall be ASTM
A -36, minimum 3/16" thickness. The inlet baffles shall be
fabricated from steel plate with trim angle flange as
needed. The entire inlet baffles and the entire steel
covers will be hot dipped galvanized after fabrication per
ASTM A -36.
Payment
This item will be paid for at the lump sum bid for
"Primary Spillway Modifications ", which will be full
compensation for furnishing all materials, labor,
equipment, tools, fabrication, and appurtenances necessary
to complete the work.
6 -7
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Inc.
Haynie Kallman & y,
Co Engineers Gra
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12212 -H Technology Blvd.
Austin, Texas 78727
S.C.S. LAKE NO. 14
REGIONAL DETENTION IMPROVEMENTS
SPECIFICATIONS AND CONTRACT DOCUMENTS
HAYNIE KALLMAN & GRAY, INC.
OWNER:
CITY OF ROUND ROCK
SPECIFICATION NO.
1 - TITLE SHEET
2 - INDEX
3 - NOTICE TO CONTRACTORS
4 - ADVERTISEMENT SUMMARY
5 - INSTRUCTIONS TO BIDDERS
6 - .PROPOSAL AND BIDDING SHEETS
7 - INFORMATION REQUIRED OF BIDDER
8 - AGREEMENT
9 - GENERAL CONDITIONS
10 - SPECIAL CONDITIONS
11 - TECHNICAL SPECIFICATIONS
INDEX
BID DOCUMENTS
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NOTICE TO CONTRACTORS
S.C.S. LAKE NO. 14
REGIONAL DETENTION IMPROVEMENTS
Sealed Bids, in envelopes addressed to The City of Round Rock, 214 E.
Main Street, Round Rock, Texas 78664, will be received at the above
mentioned address until 10:00 a.m., November 15, 1985 and then publicly
opened and read, for furnishing all plant, labor, material and equipment
and performing all work required for the construction of the S.C.S. Lake
No. 14 Regional Detention Improvements.
Bids will be submitted in sealed envelopes for the project on the
proposal furnished, and marked in the upper left hand corner "Sealed Bid
for S.C.S. Lake No. 14 Regional Detention Improvements to The City of
Round Rock, Texas ", "Do Not Open ".
All proposals shall be accompanied by a certified cashier's check upon
a national or state bank in the amount of five (5%) percent of the total
maximum bid price payable without recourse to The City of Round Rock,
Texas, or a bid bond in the same amount from a reliable surety company, as
a guarantee that bidder will enter into a contract and execute performance
bond within ten (10) days after notice of award of contract to him. The
notice of award of contract shall be given by the Owner within forty -five
(45) days after the bid opening. The bid security must be enclosed in the
same envelope with the bid. Bids without check or bid bond will not be
considered. 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. The
successful bidder must furnish performance bond and payment bond in the
amount of one hundred (100%) percent of the contract price and a
Maintenance Bond in the amount of (10%) of the contract price from an
approved surety company holding a permit from the State of Texas to act as
surety (an$ acceptable according to the latest list of companies holding
certificates of authority from the Security of the Treasury of the United
States) or other surety or sureties acceptable to the Owner, with approval
prior to bid opening.
The right is reserved, as the interest of the Owner may require, to
reject any and all bids, and to waive any informality in bids received.
Plans, specifications and bidding documents may be secured from
the office of the Engineer, Haynie Kallman & Gray, Inc., on deposit of
fifty ($50.00) dollars per set, which sum so deposited will be refunded
provided the Contractor submits a bid.
Plans and specifications may be examined at the office of the
Engineer, Haynie Kallman & Gray, Inc., 12212 -H Technology Blvd.,
Austin, Texas. Bidders should carefully examine the Plans,
Specifications and other documents, visit the site of work, and fully
inform themselves as to all conditions and matters which can in any way
effect the work or the cost hereof. Should a bidder find discrepancies
in, or omissions from the Plans, Specifications or other documents, or
should be in doubt as to their meaning, he should notify the Engineer,
Haynie Kallman & Gray, Inc., and obtain clarification prior to
submitting any bid. Prequalification Requirements: The bidder is to
submit information regarding his qualifications with this bid in
accordance with instructions contained in the Bid Form. Minimum Wage
Scale: As specified and regulated by the State of Texas and the
Federal Government.
To be Advertised in the Austin American Statesman:
Sunday, October 13, 1985
Sunday, October 20, 1985
Sunday, October 27, 1985
Sunday, November 3, 1985
Sunday, November 10, 1985
To be Advertised in the Round Rock Leader:
Thursday, October 17, 1985
Thursday, October 24, 1985
Thursday, October 31, 1985
Thursday, November 7, 1985
Please send Publisher's Affidavit to:
Haynie Kallman & Gray, Inc.
12212 -H Technology Boulevard
Austin, Texas 78727
ATTN: Mr. Brett Biesemeyer
Page 2 of 2
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' A.TISEMENT SUMMARY
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OPENING PLACE: The City of Round Rock
Council Chambers
214 E. Main Street
Round Rock, Texas 78664
Telephone: (512) 255 -3612
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OWNER: City of Round Rock
LOCATION: North East Round Rock
PROJECT TITLE & TYPE: S.C.S. Lake No. 14
Regional Detention Improvements
BID BOND: 5%
PERFORMANCE BOND: 100%
PAYMENT BOND: 100%
MAINTENANCE BOND: 10%
PLANS AVAILABLE: October 30, 1985
HAYNIE KALLMAN & GRAY, INC.
12212 -H Technology Blvd.
Austin, TX 78727
Telephone: (512) 250 -8611
OPENING TIME: 10:00 a.m., November 15, 1985
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EBQPOSAL
INSTRUCTIONS TO BIDDERS
The proposal shall be submitted on the bidding forms which are included
herein, and shall be enclosed in a sealed envelope addressed to:
RETURN OE PROPOSAL GUARANTEES
City of Round Rock
214 E. Main Street
Round Rock, Texas 78664
and shall be identified as follows: "Bid for S.C.S. Lake No. 14 -
Regional Detention Improvements to be opened at 10:00 a.m., November 15,
1985."
A proposal will not be accepted unless prepared on the bidding form
provided. The sealed proposals will be publicly opened and read at the
time and place stated in the Notice to Contractors. Bidders or their
authorized agents are invited to be present. Unauthorized condition,
limitation or provisions attached to a proposal will render it informal
and may cause its rejection. The complete proposal forms shall be without
addition, alterations or erasures. Alternative proposals will not be
considered unless called for. No oral, telegraphic or telephonic
proposals or modifications will be considered. The proposal may be
withdrawn upon request by the bidder without prejudice to himself prior
to, but not after, the time fixed for opening of bids, provided that the
request is in writing, has been executed by the bidder or his duly
authorized representative, and if filed with the Engineer.
PISOUALIFICATION OF BIDDERS
More than one proposal from an individual, firm, partnership, corporation
or association under the same or different names, will not be considered.
Reasonable grounds for believing that any bidder is interested in more
than one proposal for the work contemplated will cause the rejection of
all proposals in which such bidder is interested. If there is reason for
believing that collusion exists among bidders, all bids will be rejected
' and none of the participants in such collusion will be considered in
future proposals.
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Within twenty -five (25) days after bids are opened, the Owner will return
the proposal guarantees accompanying each of the proposals as are not
considered in making the award. All other proposal guarantees will be
held until the Contract has been finally executed.
Page 1 of 3
They will be returned to the respective bidders whose proposals they
accompany within sixty (60) days after the contract execution.
AWARD OF CONTRACT - RESERVATION OF RIGHTS
Contract, if awarded, will be awarded to responsible bidder whose
proposal complies with all the requirements prescribed. Award, if
made, will be made within thirty (30) calendar days after the opening
of the proposals. The Owner reserves the right to reject any or all
bid proposals, to accept the lowest responsible bidder's proposal, and
to waive any informality in any proposal.
EXECUTION OF CONTRACT
A bidder to whom award is made shall execute a written contract with
the Owner on the form of Agreement provided. Failure or refusal to
enter into a contract as herein provided, or to conform to any of the
stipulated requirements in connection therewith shall be a just cause
for the annulment of the award. If the successful bidder refuses or
fails to execute the Contract, the Owner may award the Contract to the
second lowest responsible bidder. If the second lowest responsible
bidder refuses or fails to execute the Contract, the Owner may award
the Contract to the third lowest responsible bidder. On the failure or
refusal of such second and third lowest responsible bidder to execute
the Contract, the work may be re- advertised for bids.
PROPOSAL GUARANTEE
Each proposal shall be accompanied by a certified or cashier's check or
bid bond in the amount of not less than 5% of the amount named in the
proposal. Said check or bond shall be made payable to the Owner and
shall be given as a guarantee that the bidder, if awarded the work,
will enter into a contract within ten (10) days after Notice of Award
and will furnish the necessary bonds as hereinafter provided. In case
of refusal or failure to enter into said contract, the check or bond as
the case may be, shall be forfeited to the Owner. No bidder's bond
will be accepted unless it conforms to the form furnished by the Owner,
which is bound herein, and is properly filled out and executed.
PROPOSAL SIGNATURE
If the proposal is made by an individual, it shall be signed and his
full name and his address shall be given; if it is made by a
Partnership it shall be signed with the co- partnership name by a member
of the Partnership, who shall sign his own name, and the name and
address of each member shall be given; and if it is made by a
corporation, the name of the corporation shall be signed by its duly
authorized officer or officers attested by the corporate seal, and the
names and titles of all officers of the corporation shall be given.
Page 2 of 3
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COMPETENCY OF BIDDERS
In selecting the lowest responsible bidder, consideration will be given
not only to the financial standing, but also to the general competency
of the bidder for the performance of the work covered by the proposal.
To this end, each proposal shall be supported by a statement of the
bidder's experience, on the form entitled "Information Required of
Bidder ", bound herein.
BIDDER'S EXAMINATION OF SITE
Each bidder shall examine carefully the site of the proposed work and
the Contract Documents therefore. It will be understood that the
bidder has investigated and is satisfied as to the conditions to be
encountered; as to the character, quality and quantity of materials to
be furnished and as to the requirements of the Contract, Specifications
and Drawings.
ADDENDA
Bidders desiring further information, or interpretation of the Plans or
Specifications must make request for such information in writing to
Engineer, a minimum of 48 -hours before the bid opening. Answers to all
such requests will be given in writing to all bidders, in Addendum
form,and all Addenda will be bound with, and made a part of, the
Contract Documents. No other explanation or interpretation will be
considered official or binding. Should a bidder find discrepancies in,
or omissions from the Plans, Specifications or other Contract
Documents, or should he be in doubt as to their meaning, he should at
once notify the Engineer in order that a written Addendum may be sent
to all bidders. Any Addenda issued twenty -four (24) hours before the
opening of bids will be mailed or delivered to each Contractor
contemplating the submission of a proposal on this work. The proposal
as submitted by the Contractor will be so constructed as to include any
Addenda if such are issued by the Engineer twenty -four (24) hours
before the opening of bids.
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PROPOSAL
TO
CITY OF ROUND ROCK
FOR THE CONSTRUCTION OF
S.C.S. LAKE NO. 14 - REGIONAL DETENTION IMPROVEMENTS
The undersigned, as bidder, declares that the only person or parties
interested in this proposal as principals are those named herein, that
this proposal is made without collusion with any other person, firm or
corporation; that he has carefully examined the form of contract, Notice
to Contractors inviting bids, conditions and classes of materials of the
proposed work; agrees that he will provide all the necessary supervision,
labor, machinery, equipment, tools, apparatus, and other items incidental
to construction; will do all the work and furnish all the materials called
for in the Contract Documents, Plans and Specifications in the manner
prescribed the:ein and'according to the requirements of the Engineer as
therein set forth.
It is understood that the following quantities of work to be done at unit
prices are approximate only, and are intended principally to serve as a
guide in evaluating bids.
It is further agreed that the quantities of work to be done at unit prices
and materials to be furnished may be increased or diminished as may be
considered necessary, in the opinion of the Engineer, to complete the work
fully as planned and contemplated, and that all quantities of work,
whether increased or decreased are to be performed at the unit prices set
forth below except as provided for in the Specifications.
It is further agreed that lump sum prices may be increased to cover
additional work ordered by the Engineer; but not shown on the plans or
required by the Specifications, in accordance with the provisions of the
General Conditions. Similarly, they may be decreased to cover deletion of
work so ordered.
It is understood and agreed that the work is to be completed within the
time herein stated.
The undersigned bidder agrees to commence work within seven (7) calendar
days after written Notice to Proceed has been given.
Page 1 of 5
p,CRNOWT,EDC;EMENT OF PAYMENT ITEMS
The undersigned acknowledges that the foregoing bid items are the only
items of payment under this contract and that his bid price under these
items reflects the complete charges for furnishing all labor, material,
and equipment to complete the project •as outlined in the Plans,
Specifications, and the Contract Documents.
RNCWT,EDC;E OF LCC ?*• CONDTTTnNS AND CONTRACT DOCUMENTS
' The undersigned warrants that he has examined the location of the
,: proposed work, the plan drawings, specifications, and all other parts
of the Contract Documents, and is familiar with the local conditions at
' the place where the work is to be performed.
' CONTRACT TIME
1 ! If awarded the Contract, the undersigned agrees to complete the work in
I. 240 calendar days.
OWNER'S RIGHTS RESERVED
The undersigned understands and agrees that the Owner reserves the
right to reject any or all Proposals or to waive any informalities of
t "� technicalities in any proposal in the interest of the Owner, except as
specifically limited by the terms of the Contract Documents or
' applicable Laws or Governmental Regulations.
t_ ADDENDA
The
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undersigned acknowledges receipt of the following addenda;
Addendum No. Dated
Page 2 of 5
$11RMTSSION OF THE PROPOSAL.
In accordance with the Contract Documents, the above Proposal is hereby
respectfully'submitted by:
Caliber Construction Inc.
Name o Contractor
xecuted by (Name)
2040 Loop 336 Suite 125
Conroe
City
Texas
State
Page 3 of 5
Date
46,410, t
Title or Position
(713) 353 -2311
Business Address Telephone Number
77304
Zip
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' Bid Item Description Unit
Item au t v Dalt and Written Unit Price price Amount
I _3_ 534.1-al- C.Y. Embankment, (includes cost of
' testing), complete in place
Der cubic vard
' for Zero Dollars
L- and Eighty -Five Cents $ 0.85 $454.059.80
L.S. Primary Spillway Modifica-
1 I tions, complete in place per
lump sum
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for Thirty -Five
Hundred Dollars
and No Cents $3,500.00 $ 3.500.00
11 . _ 5_ 225.7 Seedina for Erosion Control,
complete in nlac= oer acre
,` for our
Hundred
' � j Twenty-Five Dollars
and No Cents $ 425.00 $ 95,922.50
for Dollars
' and Cents $ $
' TOTAL REGIONAL DETENTION IMPROVEMENTS $1.498.997.30
Page _a___ of �_
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' PROPOSAL BIDDING KE
SET
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Ill CONTRACT: Regional Detention Improvements
1 JOB NAME: S.C.S. Lake No. 14
I JOB LOCATION: Round Rock, Texas
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' OWNER: City of Round Rock
L Gentlemen:
1 Pursuant to the foregoing Advertisement for Bids and Instruction to
1 Bidders, the undersigned bidder hereby proposes to do all the work, to
furnish all necessary supervision, labor, machinery, equipment, tools,
1 materials, insurance and miscellaneous items, to complete all the work bid
as provided by the attached supplemental specifications, and as shown on
the plans for the construction of S.C.S. Lake No. 14 - Regional Detention
Improvements and binds himself of acceptance of this proposal to execute a
contract and bonds for completing said project within the time stated for
the following prices, to wit:
Bid Item Description Unit
Item nnart= anit and Written Unit Price Price Amount
225.7 AC. Clearing and Grubbina.
complete in place per acre
', for Four Hundred Dollars
iJ and No Cents $ 400.00 $ 90,280.00
1 _j — 684,18 C.Y. Excavation (unclassified, in-
1 cludes replacing fencing). com-
plete in glace ger cubic vard
1 for One Dollar
and Twenty -Five Cents $ 1.25 $855.235.00
1
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The bidder is required to supply the following information.
Additional sheets may be attached if necessary.
(2) Address
(3) Phone Number
(4) Type of Firm:
( ) Individual,
�J $
INFORMATION REOUIRED OF BIDDER
( ) Partnership, ( ) Corporation
(5) Corporation organized under the laws of the State of
(6) List the names and addresses of all members of the firm or names
and titles of all officers of the corporation.
(7) Number of years experience
(8) List at least three (3) projects completed as of recent date:
Contract Amount /Class of Work /Date Completed /Name and Address of
Owner:
(9) List the name and address of each subcontractor who will perform
work in or about the work or improvement in excess of one -half
(1/2) of one (1%) percent of the total bid price and indicate
what part of the work will be done by each subcontractor:
Page 1 of 2
(10) Payment of taxes, in the State of
Yes No
Page 2 of 2
(11) If requested by the Owner, the Bidder shall submit a notarized
financial statement, financial data or other information and ref-
erences sufficiently comprehensive to permit an appraisal of his
current financial conditions.
t_
THE STATE OF TEXAS
' COUNTY OF WILLIAMSON
AGREEMENT
I THIS AGREEMENT, made and entered into this,18th day of February, A.D.,
1986, by and between the City of Round Rock of the County of Williamson,
and the State of Texas, acting through Mike Robinson, Mayor of Round Rock
I thereunto duly authorized so to do, Party of the First Part, hereinafter
termed OWNER, and Caliber Construction, Inc., of the City of Conroe,
1_ County of Montgomery, and State of Texas, Party of the Second Part,
hereinafter termed CONTRACTOR.
•
I WITNESSETH: That for in consideration of the payments and agreements
1
hereinafter mentioned, to be made and performed by the Party of the First
Part (OWNER), and under the conditions expressed in the bond bearing even
I I date hewith, t he Party of t he Second Part (CONTRACTOR), hereby agrees
with ter
he said Pa of the Fi Part (O to co and complete the
il construction of certain improvements described as follows:
ti "S.C.S. Lake No. 14 - Regional Detention Improvements"
' further described as the work covered by this specification consists of
1 furnishing all the materials, supplies, machinery, equipment, tools,
supervision, labor, insurance, and other accessories and services
ill necessary to complete the said construction, in accordance with the
I conditions and prices stated in the Proposal attached hereof, and in
LI accordance with the Notice to Contractors, General Conditions of
Agreement, Special Conditions,'Technical Specifications, Plans and other
I drawing and printed or written explanatory matter thereof, and the
Specifications and addenda therefor, as prepared by HAYNIE HALLMAN & GRAY,
INC., 12212 -H Technology Boulevard, Austin, Texas 78727, herein entitled
' the ENGINEER, each of which has been identified by the CONTRACTOR'S
written proposal, the General Conditions of the Agreement, and the
L Performance, Payment, and Maintenance Bonds hereof and collectively
' evidence and constitute the entire contract.
. The CONTRACTOR hereby agrees to commence work within seven (7) calendar
Page 1 of 2
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BY:
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ATTEST:
II days after the date written notice to do so shall have been given to
him, and to complete the same within 240 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.
I The OWNER agrees to pay the CONTRACTOR in current funds the price or
I prices shown in the proposal, which forms a part of this contract, such
payments to be subject to the General and Special Conditions of the
contract.
' IN WITNESS WHEREOF, the parties to these presents have executed this
L Agreement in the year and day first above written.
I City of Round Rock
Party of the First Part
(OWNER) -
" BY: 46
Mike Robi son, Mayor 'James H. Ward, resident
ATTEST:
Caliber Construction. Inc.
Party of the Second Part
(CONTRACTOR)
I (The 'oll• ing o �•e executed if the Contractor is a Corporation.)
, certif tha I am he Sgcr tar y
I, the Cor•oration named -s Contractor herein; _�� (A/ .
who sig d t1is Contract on behalf of the Contractoj was the
I � .T (offici• 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
III body, and is with the scope of its corporate powers.
I _ rf
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' Corporate Seal
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THE STATE OF TEXAS S
Harris
COUNTY OF
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' pERFORNANCE BOND
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LIOW ALL MEN BY THESE PRESENTS, THAT
Caliber Ozzstsuction, Inc.
1 of the City of Conroe
i " Texas
County of'n' , and State of as
lill Fairmont Insurance Company
principal,.and authorized under
the laws of the State of Texas to act as surety on bonds for principals,
are held and firmly bound unto City of Round Rock
i..� Hundred Fifty Eight Thousand FiveHundredFifty EiSot & 100 1,458,558.20 -- )
!� for the payment whereof, the said Principal and Surety bind themselves,
and their : heirs, administrators, executors, successors and assigns,
I jointly and severally, by these presents:
(OWNER) , in the penal sum of One Million Four
1
WHEREAS, the Principal has
' the Owner dated the day of
entered into a certain written contract with
1986 to
hereof as fully and
PB -
which contract is hereby referred to and made a part
to the same extent as if copied at length herein.
Conroe, Texas 77304
PB -2
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The name and address of the Resident Agent of Surety is:
Frank B. Hall & Co., 1000 cashco Tyder, Eight Greenway Plaza,Houston,TX 77046
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NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATIONS 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, and according
to the true intent and meaning of said Contract and the Plans and
Specifications thereto annexed, then this obligation shall be void;
otherwise to remain in full force and effect;
PROVIDED, HCWEVER, that this bind is executed pursuant to the
provisions of Article 5160 of the Revised Civil Statutes of Texas as
amended and all liabilities on this bond shall be determined in
accordance with the provisions of the said Article to the same extent
as if it were copied at length herein.
Surety, for value received, stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract,
or to the work performed thereunder, or the plans, specifications or
drawings accompanying the same, shall in 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 SurP,ty have signed and
sealed this.instrument this 9/ day of Ar6, , 1986.
Ca T Construction, Inc Fairmont Insurance Company
By \
it'e / /
Surety
By �- sue/ x %lit .•- ^ate
Title Attorney -in -Fact
2040 Loop 336, Suite 125 1000 Cashoo Tower
Address Address
Eight Greenway Plaza
Houston, Texas 77046
' KNOW ALL MEN BY THESE PRESENT&
1
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A.ma.n USA
SFA3 f3 /RS
FAIRMONT INSURANCE C
Burbank, California
POWER OF ATTORNEY
I
I That FAIRMONT INSURANCE COMPANY, a California Corporation, does hereby make, constitute and
appoint ROY E. SIN1ONS—_ -------- ____
I
' _____________«__ _OF HOUSTON, TEXAS __ - - - --r
L
' as its true lawful Anorney(s) -in- Fact, with full power and authority, for and on behalf of the Company as surety, to execute
and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recognirances, consents of
I
surety or other written obligations in the nature therof, as follows:
i . .
Any and all bonds, undertakings, mognirances, consents of surety or other written obligations in the nature
!hereof,
I and to bind FAIRMONT INSURANCE COMPANY thereby, and all of the acts of said Attorney(s) - in - Fact,
pursuant to these presents, are hereby ratified and confirmed.
II This appointment is made under and by authority of the following Bylaws of the Company, which Bylaws
are now inftill force and effect: .
ARTICLE IV, Section 17. ATTORNEYS -IN -FACT AND AGENTS. The chairman of the board. the president. the vice .
president. the chiet financial officer. or the secretary of the corporation may appoint attorneys- in or agents with power
and authonty. as defined or limited in their respective powers of attorney. for and on behalf of the corporation to execute
and deliver. and affix the seal of the Corporation thereto. bonds. undertakings. recognizances, consents of surety or
other wntten obligations in the nature thereof and any of said Wirers may remove any such attorney - fact or agent
and revoke the power and authority given to ham or her.
ARTICLE IV, Section 14. AUTHORITY TO BIND. Any bond. undertaking, recognizance. consent of surety or written
obligation in the nature thereof shall be vano and binding upon the corporation when signed by the chairman of the •
board. the president. the vice president, the chief financial officer. or the secretary of the corporation and duly attested
il - and sealed, d a seal is utred. by the secretary or assistant secretary, or shall be valid and binding upon the corporation
' when duly ex and wiled if a seal is requ by a duly authorized attornerin-fact or agent, pursuant to and
within the limits of the authority granted by has or her power of attorney. _ 1
This power of attorney is signed and sealed by facsimie under and by the authority of the following Resolu-
I tion adopted by the Board of Directors of FAIRMONT INSURANCE COMPANY at a meeting duly called
- and held on the Ord day of October, 1983:
I RESOLVED that the signature of any officer authorized by the Bylaws, and the seal of the corporation. may be affixed
by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of
I any bond. undenakang. recognizance consent of surety or other written obligation in the nature thereof; such signature
and seal. when so used. being hereby adopted by the corpotation as the onggiinal signature of such officer and the onginal
' seat of the corporation. to be valid and binding upon the corporation with @tie same force and effect as though manually
affixed.
I IN WITNESS WHEREOF, FAIRMONT INSURANCE COMPANY has caused these presents to be signed
I by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March of 1985
0s „ s,r.srn
APR. 10
I &le va �FO�Os
owe *
I: , : 1970 /
t, Oil •
, S.oartraatnsss
FAIRMONT INSURANCE COMPANY
By
Si Henry F. Wright, Vi President
THE STATE OF TEXAS
Harris
COUNTY OF
KNOW ALL MEN BY THESE
the City of Conroe
S
pAYMRNT BOND
PRESENTS, THAT Caliber Construction, Inc.
, County of
(OWNER), in the
One Million Four Hundred Fifty Eight Thousand,
Five Hundred Fifty Eight Dollars & 20 / 100 — Dollars
entered into
the owner, dated the / day of
contract is hereby referred to and made a
same extent as if copied at length herein.
PB -3
MontgrrneiY , and
as principal, and Frinwnt Insurance Cry authorized
the State of Texas to act as surety on bonds for principals, are held and
firmly bound unto City of Round Rack
($1,458,558.20 -1
payment whereof, 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
a certain written contract with
State of Texas
,
under the laws of
penal sum of
for the
, 1986, to which
part hereof as fully and to the
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Principal shall pay all claimants supplying labor and material to
him or a subcontractor in the prosecution of work provided for in said
contract, then, this obligation shall be void; otherwise to remain in
full force and effect;
Provided, hcwever, that this bond is executed pursuant to the
provisions of Article 5160 of the Revised Civil Statutes of Texas as
amended and all liabilities on this bond shall be determined in
accordance with the provisions of said Article to the same extent 'as if
it were copies at length herein.
Surety, for value received, stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract,
or to the work performed thereunder, or the plans, specifications or
drawings accom=anying 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 Sur have signed and
sealed this instrument this /( day of �. , 1986.
Caliber Construction Company
Address 2040 Loop 336, Suite 125
Conroe, Texas 77304
The name and address of the Resident Agent of Surety is:
Frank B. Hall & Co..1000 Cashco Tager, Eight Greenway Plaza, Houston,TX 77046
PB -4
Surety
By
Farimont Insurance Company
Title Attorney -in -Fact
Address 1000 Cashco Tower
Eight Greenway Plaza
Houston, Texas 77046
Rv A
SPA3 f3 /SS)
FAIRMONT INSURANCE COMPANY
Burbank, California
POWER OF ATTORNEY
a
' a ROY E. SINMONS-- ----- ---
a
ar
1 as its lawful Attorney(s)-in-Fact. with full power and authority, for and on behalf of the Company as surety, to execute
and deliver and affix the seal of the Company thereto. ifa seal is required, bonds, undertakings, recognizances. consents of
a surety or other written obligations in the nature therof, as follows:
' Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature
1, thereof,
1i and to bind FAIRMONT INSURANCE COMPANY thereby, and all of the acts of said Attorney(s )-in -Fact,
pursuant to these presents, are hereby ratified and confirmed.
' This appointment is trade under and by authority of the following Bylaws of the Company, which Bylaws
are now ir1full force and effect:
' ARTICLE IV. Section 13 ATTORNEYS-IN-FACT AND AGENTS. The chairman of the board, the president, the via
president. the three financial othcer, or the secretary of the corporation may appoint attomevs -in -tact or agents with power
and authority. as defined or limited in their respective powers of attorney. for and on behalf of the corporation to execute
I - and deliver. and affix the seal of the Corporation thereto, bonds. undertakings, recognizances, consents of surety or
other wnnen obligations in the nature thereof and any of said oficers may remove any such attorney -in- fact or agent
' and revoke the power and authonty given to him or her.
ARTICLE W. Section 14. AUTHORITY 70 SIND. Any bond. undertaking, recognizance, consent of surety or written
L . obligation in the nature thereat snall be valid and binding upon the corporation when signed by the chairman of the
board. the president, the vice president. the chief financial officer. or the secretary of the corporation and duly attested
.- and sealed. de seal is required. by the secretary or mutant secretary, or shall be valid and binding upon the corporation
i - when duly executed and sealed, d a seal is required. by a duly authorized attomey-indact or agent. pursuant to and
within the limits of the authority granted by his or her power of attorney. - This power of attorney is signed and sealed by facsimDe under and by the authority of the following Resolu-
tion adopted by the Board of Directors of FAIRMONT INSURANCE COMPANY at a meeting duly called
i - and held on the Ord day of October, 1983:
' may that the signature of any officer authorized by the Bylaws. and the seal of the corporation. ay be affixed
by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of
a any bond, undertaking, recognizance consent of surety or other written obligation in the nature thereof; such signature
and seal. when so used, being hereby adopted by the corporation as the anginal signature of such officer and the ongtnal
seal of the corporation. to be valid and binding upon the corporation with the same force and effect as though manually
affixed.
I IN WITNESS WHEREOF, FAIRMONT INSURANCE COMPANY has caused these presents to be signed
' by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March of 1985
4 AN.
1 2 APR. 19 •
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KNOW ALL MEN BY THESE PRESENTS
That FAIRMONT INSURANCE COMPANY, a California Corporation, does hereby make, constitute and
HOUSTON, TEXAS -- - - -- • •
FAIRMONT INSURANCE COMPANY
By
Sig.ature Henry F.
Wright, Vi F= President
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THE STATE OF TEXAS 5
COUNTY OF Harris
as Principal, and
piATNTENANCR BOND
KNOW ALL MEN BY THESE PRESENTS, that we
Fairmont Insurance Company
a Corporation organized under the laws of the State of California
as Surety, are held and firmly bound unto
as Obligee, in the penal sum of One Million Four Hundred Fifty Eight Thousand Five
Hundred Fifty Eight Dollars & 20/100 (51,458,558.20 -t
to which pay.ent will and truly to be made we do bind ourselves, our and
each of our heirs, executors, administrators, successors and assigns
jointly and severally, firmly by these presents.
WHEREAS, the said Principal has constructed S.C.S. Lake No. 14 - Regional
Detention Maprov tents
WHEREAS said Obligee requires that the Principal furnish a bond
conditioned to guarantee for the period of one year after approval
by against all defects in workmanship and
materials which may become apparent during said period;
MB -1
Bond No.
Caliber Construction, Inc.
City of Round Rods
1
full force and effect.
' NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if the
Principal shall indemnify the Obligee for all loss that the Obligee may
1 sustain by reason of any defective materials or workmanship which become
• apparent during the period of one year from and after date of acceptance .
by the owner, then this obligation shall be void, otherwise to remain in
1
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed
this instrument this day of 1986.
Caliber Construction, Inc.
Principal
Title
Conroe, Texas 77304
Faimmnt Insurance Canpany
Surety
By 4.
Title Attorney -in -Fact
Address 2040 Imp 336, Suite 125 Address 1000 Cashco Tower
Eight Greenway Plaza
Houston, Texas 77046
L
1 The name and address of the Resident Agent of Surety is:
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Frank B. Hall & Co. 1000 Cashco Tower, Eight Greenway Plaza, Houston,TX 77046
MB -2
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KNOW ALL MEN BY THESE PRESENT&
FAIRMONT INSURANCE COMPANY
Burbank California
POWER OF ATTORNEY
That FAIRMONT INSURANCE COMPANY, a California Corporation, does hereby make, constitute and
appoint ROY E. S]rIIION5----- - - = - --
-------- ------- - - - -OF HOUSTON, TEXAS—
I as its true lawful Anomey(s) - in - Fact, with full power and authority, for and on behalf of the Company as surety, to execute
and deliver and affix the seal of the Company thereto, ifa seal is required, bonds, undertakings, recognizances, consents of
surety or other written obligations in the nature therof, as follows:
I thereof, and all bonds, undertakings, recogrtizances, consents of surety or other written obligations in the nature
t thereof,
I and to bind FAIRMONT INSURANCE COMPANY thereby, and all of the acts of said Attomey(s )-in -Fact,
I pursuant to these presents, are hereby ratified and confirmed. _ . . . _ —
This appointment is made under and by authority of the following Bylaws of the Company, which Bylaws
are now irLfull force and effect:
I ARTICLE IV, Section 13. ATTORNEYS•IN•FACT AND AGENTS. The chairman of the board. the president. the vice
president, the chat tinancul othcer. or the secretary of the corporation may appoint attomevs•in- fact or agents with power
and authority, as defined or limited in their respective powers of attorney. for and on behalf of the corporation to execute
I - and deliver. and affil the seal of the Corporation thereto. bonds. undertakings, recognizance:. consents of surety or
other written obligations in the nature thereof and any of said officers may remove any such attorney-in- fact or agent
and revoke the power and authonty given to bun or her.
ARTICLE IV. Section 14. AUTHORITY TO BIND. Any bond, n undertaking, recognizance. consent of surety or written
I j . . obligation us the nature thereof snail be yawl and binding upo the corporation when signed by the chairman of the
• board. the president, the vice president. the chief financial officer. or the secretary of the corporation and duly attested
I .... .. and sealed, if a seal is required. by the secretary or assistant secretary, or shall be valid and binding upon the corporstson
when duly executed and sealed, d a seal is required. by a duly authorized attorney-tn -fact or agent, pursuant to and
within the limits of the authority granted by his or her power of attorney.
- This power of attorney is signed and sealed by facsimUe under and by the authority of the following Resolu-
1 on adopted by the Board of Directors of FAIRMONT INSURANCE COMPANY at a meeting duly called
- and held on the Ord day of October. 1983:
RESOLVED that the signature of any officer authorized by the l yiaws, and the seal of the corporation, may be affixed
by facsimile to any power of attorney or special power of attorney or cendicatson of either given for the execution of
any bond. undertaking, recognizance consent of surety or other wntten obligation in the nature thereof; such signature
and seal, when so used, being hereby adopted by the corporation as the onggiinal signature of such officer and the onginal
seal of the corporation. to be valid and binding upon the corporation with the same force and effect as though manually
affixed.
IN WITNESS WHEREOF, FAIRMONT INSURANCE COMPANY has caused these presents to be signed
by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March of 1985
ITMNwt:CA
CDAT f1/AC1
•
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FAIRMONT INSURANCE COMPANY
By
Signature Henry F.
•
GJ
4.i
Wright, Vi F- President
To:
City of Round Rock
Round Rock, Texas
THIS IS TO CERTIFY THAT Caliber Construction, Inc. & Caliber Commercial Construction,In
is, at the date of this certificate, insured by this company with respect
to the business operations hereinafter described, for the types of
insurance and in accordance with the provisions of the standard policies
used by this company, and further hereinafter described. Exceptions to
standard policies are noted on the reverse side hereof.
TYPE OF
INSURANCE
Comprehensive
General
Liability
Includes
Contractual
Liability
Covers
Independent
Contractors
Owner's
Protective
Comprehensive
Automobile
Liability
Owned
Vehicles
Hired
Vehicles
Non —Owned
Vehicles
Includes
Contractual
Liability
CERTIFICATE OF INSURANCE
Date: 2 -10 -86
Description of Work: S.C.S. Lake No. 14
Regional Detention Improvements
POLICY EFFECTIVE EXPIRATION LIMITS OF
NO. DATE DATE LIABILITY
Workman's Statutory, State of
Compensation TC6 21558952 5 -4 -85 5 -4 -86 Texas, $100,000.
GL 67484042 5 -4 -85 5 -4 -86
GLM 07484043 5 -4 -85
5 -4 -86
Page 1 of 2
Employer Liability
Bodily Injury
$ ea. person
$ ea. accident
$500,000. Combined Single Limit
Bodily Injury & Property
Damage
Property Damage
$ ea. accident
$ aggregate
Bodily Injury
$ ea. person
$ ea. accident
Property Damage
Property Damage
$ ea. accident
$ aggregate
Bodily Injury
$ ea. person
$ ea. accident
Property Damage
$ ea. accident
$500,000. Combined Single Limit
Bodily Injury & Property
Damage
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The above policies either in the body thereof or by approprite
endorsement provide that they may not be changed or cancelled by the
insurer in less then ten (10) days after the insured has received
written notice of such change or cancellation.
This Certificate of Insurance neither affirmatively or negatively
amends, extends, or alters the coverage afforded by policy or
policies indicated by this certificate.
Page 2 of 2
American General Fire & Casualty
(Name of Insurer)
By
Title: Sr. Vice President
Address: Frank B. Hall & Co.
8 Greenway Plaza, 1000 Cashco Tower
Houston, Texas 77046
GENERAL CONDITSQNS OF THE AGREEMENT
CONTENTS
1. DEFINITIONS
2. GENERAL PROVISIONS
2.01 Engineer's Status and Authority
2.02 Right of Engineer to Modify Methods
and Equipment
2.03 Changes and Alterations
2.04 Damages
2.05 Losses from Natural Causes
2.06 Laws and Ordinances
2.07 Licenses, Permits, and Certificates
2.08 Royalties and Patents
2.09 Keeping of Plans and Specifications Accessible
2.10 Discrepancies and Omissions
2.11 Contractor's Understanding
2.12 Extra Work
2.13 Payment for Extra Work
2.14 Assignment and Subletting
2.15 Subcontractors
2.16 Owner's Status
2.17 Completed Portions of Work
2.18 Materials
2.19 Receiving and Storage of Materials
2.20 "Or Equal" Clause
2.21 Completed Work
2.22 Materials Furnished by the Owner
2.23 Protection of Property
2.24 Shelters for Workmen and Materials
2.25 Sanitary Facilities
Page
3. CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES
3.01 Labor, Equipment, Materials and
Construction Plant
3.02 Performance, Payment and Maintenance Bonds
3.03 Contractor's Ability to Perform
3.04 Superintendence and Inspection 1
3.05 Character of Employees 1
3.06 Contractor's Duty to Protect Persons
and Property 1
3.07 Safety Codes 1
3.08 Barricades 1
3.09 Minimum Wages 1
3.10 Unsuitable Work or Materials 1
3.11 No Waiver of Contractor's Obligation 1
3.12 Site Clean Up 1
3.13 Guarantee 1
(CONTENTS CONTINUED)
4. OWNER'S OBLIGATIONS AND RESPONSIBILITIES 13
4.01 Lines and Grades 13
4.02 Right of Entry 13
4.03 Owner's Representatives 13
4.04 Collateral Work 13
4.05 Right -of -Way 13
4.06 Adequacy of Design 14
5. SCHEDULING AND PROGRESS OF WORK 14
5.01 Order and Prosecution of the Work 14
5.02 Rate of Progress 14
5.03 Sunday, Holiday, and Night Work 14
5.04 Hindrances and Delays 15
5.05 Extensions of Time 15
5.06 Liquidated Damages for Failure to
Complete on Time 15
6. IDEMNITY 16
6.01 Contractor's Idemnity Provision 16
6.02 Workmen's Compensation Insurance 16
6.03 Comprehensive General Liability Insurance 16
6.04 Owner's Protective Insurance 17
6.05 Comprehensive Automobile Liability Insurance 17
6.06 Insurance Certificate 17
7. TERMINATION OF CONTRACT 17
7.01 Right of Owner to Terminate 17
7.02 Right of Contractor to Terminate 18
7.03 Removal of Equipment 18
8. ABANDONMENT OF CONTRACT BY CONTRACTOR 18
8.01 Notification of Contractor 18
8.02 Retention of Contractor's Equipment
and Materials by Owner 18
8.03 Methods of Completing the Work 19
8.04 Final Acceptance 19
8.05 Disposition of Contractor's Equipment 20
9. MEASUREMENT AND PAYMENT 20
9.01 Character of Measurements 20
9.02 Estimated vs. Actual Quantities 20
9.03 Payment 21
9.04 Monthly Estimates and Payments 21
9.05 Certificates of Completion 22
9.06 Final Estimate and Payment 22
9.07 Notarized Affidavit 22
9.08 Release of Liability 23
9.09 Contractor's Obligation 23
9.10 Payments Withheld 23
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1.07 Plans. "Plans" shall mean and include (a) all drawings prepared
by the Owner as a basis for proposal, (b) all supplementary
drawings furnished by the Engineer as and when required to
clarify the intent and meaning of the drawings submitted by the
Owner to the Contractor, and (c) drawings. submitted by the
Contractor to the Owner when and as approved by the Engineer.
1.08 Specifications "Specifications" shall mean (a) all written
descriptions, methods and instructions prepared by the Owner as
a basis for proposals, (b) all supplementary written material
furnished by the Engineer as and when required to clarify the
intent or meaning of all written descriptions, methods and
instructions submitted by the Owner to the Contractor, and (c)
written descriptions submitted by the Contractor to the Owner
when and as approved by the Engineer.
1.09 ,subcontractor. "Subcontractor" shall mean and refer only to a
business organization or individual having a direct contract
with the Contractor for (a) performing a portion of the Contract
work, or (b) furnishing material worked to a special design
according to the Contract plans or specifications; it does not,
however, include one who merely furnishes material not so
worked.
1.10 Substantially Completed. The term "substantially completed"
shall mean that the structure or facility has been made suitable
for use and is in condition to serve its intended purpose, but
still may require minor miscellaneous work and adjustments. It
does not constitute end of contract period or acceptance as
total completion.
1.11 Work. "Work" shall mean the work to be done and the equipment,
supplies, material, and services to be furnished under the
Contract unless some other meaning is indicated by the context.
1.12 =king Day. A "working day" is defined as any day not
including Sundays or any legal holidays, in .which weather or
other conditions, not under control of the Contractor, will
permit construction of the principal units of the work for a
continuous period of not less than seven (7) hours between 7:00
a.m. and 6:00 p.m.
1.13 Written Notice. "Written Notice" shall be deemed to have been
duly served if delivered in person to the individual or to a
member of the firm or to an officer of the corporation for whom
it is intended, or if delivered at or sent by certified or
registered mail to the last business address known to him who
gives the notice.
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1. DEFINITIONS
1.01 Calendar Day.. A calendar day shall be the 24 -hour period from
one midnight to the next consecutive midnight.
1.02 Contract Documents. The Contract Documents shall consist of the
Notice to Contractors; Advertisement; the Instructions to
Bidders; the Proposal; the Signed Agreement; the Performance,
Payment, and Maintenance Bonds; the General Conditions of the
Agreement; the Special Conditions of the Agreement; the
Technical Specifications; the Plans; the Standard Drawings;
Addenda; and duly authorized Change Orders. 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 the
interpretation shall be in the following order: Signed
Agreement, Performance, Payment, and Maintenance Bonds, Addenda,
Proposal, Special Conditions of the Agreement, Notice to
Contractors, Technical Specifications, Plans, and General
Conditions of the Agreement.
1.03 Contractor. "Contractor" shall mean the business organization
or individual named and designated in the Contract Agreement as
the "Party of the Second Part ", who has entered into this
contract for the performance of the work covered thereby, and
its, his, or their duly authorized agents and other legal
representatives.
1.04 Engineer "Engineer" shall mean HAYNIE KALLMAN & GRAY, INC., or
such other Engineer, supervisor, or project representative who
has been designated, appointed, or otherwise employed or
delegated by the Owner for this work, or their duly authorized
agents, such agents acting within the scope of the particular
duties entrusted to them in each case.
1.05 Extra Work. The term "extra work" as used in this contract
shall be understood to mean and include all work that may be
required by the Engineer or Owner to be done by the Contractor
to accomplish any change, alteration, or addition to the work
shown on the Plans, or reasonably implied by the Specifications,
and not covered by the Contractor's Proposal, except as provided
under "Changes and Alterations ", herein.
1.06 Owner. "Owner shall mean City of Round Rock named and
designated in the Agreement as the "Party of the First Part"
acting through its duly authorized officers and agents.
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2. GENERAL PROVISIONS
2.01 Engineer's Status and Authority. It is mutually agreed by and
between the parties to this Contract that the Engineer shall
have general supervision and direction of the work included
herein. In order to prevent delays and disputes and to
discourage litigation it is further agreed by and between the
parties of this Contract that the Engineer shall in all cases
determine the amounts and quantities of the several kinds of
work which are to be paid for under the Contract; that he shall
determine all questions in relation to said work and the
construction thereof, that he shall in all cases decide every
question which may arise relative to the execution of the
Contract on the part of the Contractor; that his decisions and
findings shall be the conditions precedent to the right of the
parties hereto the arbitration or to any action on the
Contractor to receive any money under this Contract; provided,
however, that should the Engineer render any decision or give
any direction which in the opinion of either party hereto is not
in accordance with the meaning and intent of this Contract,
either party may file with the Engineer within 30 days a written
objection to the decision or direction so rendered. It is the
intent of this Agreement that there shall be no delay in the
execution of the work, and the decision or directions of the
Engineer as rendered shall be promptly carried out.
2.02 Right of Engineer to Modify_Nethods and Equipment. If at any
time the methods or equipment used by the Contractor are found
to be unsafe or inadequate to secure the quality of the work or
the rate of progress required under this Contract, the Engineer
may direct the Contractor in writing to increase their safety or
improve their character and efficiency and to cease operations
under this Contract until such direction is complied with. No
claims shall be made against the Owner for damages caused by any
delay resulting from such order.
2.03 Changes and Alterations. The Contractor agrees that the Owner,
through the Engineer, may make such changes and alterations as
the Owner may see fit in the line, grade, form, dimensions,
plans, or materials for the work herein contemplated or any part
thereof either before or after the beginning of the construction
without affecting the validity of this Contract and the
accompanying 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 they may be dispensed with.
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If they increase the amount of work and the increased 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 established for such work under this Contract;
otherwise such work shall be paid for as provided under Section
2.12 "Extra Work ". In the event the Owner shall make such
changes or alterations which will make useless any work already
done or material already furnished or used in said work, then
the Owner shall compensate the Contractor for any materials or
labor so used, for any actual loss occasioned by such change,
and for the actual expenses incurred in preparation for the work
as originally planned.
2.04 images. The right of general supervision by the Owner shall
not make the Contractor an agent of the Owner, and the liability
of the Contractor for all damages to persons, firms, and
corporations arising from the Contractor's execution of the work
shall not be lessened because of such general supervision. The
Contractor is an independent contractor in regard to work under
this Contract, and as such is solely liable for all damages to
any persons, firms, corporations, or their property as a result
of the prosecution of the work.
2.05 Losses from Natural Causes. All loss or damage arising out of
the nature of the work to be done or from the action of the
elements or from any unforseen circumstances in the prosecution
of the work 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.
2.06 Laws and Ordinances The Contractor shall at all times observe
and comply with all Federal, State, and local laws, ordinances,
rules and regulations which in any manner affect the Contract or
the work and shall idemnify and save harmless the Owner against
any claim arising from the violation of any such laws and
ordinances whether by the Contractor or his employees or his
subcontractors and their employees.
2.07 Licenses. Perjits and Certificates. Except as hereinafter
stipulated, all licenses, permits, certificates, etc. required
for and in connection with the work to be performed under the
provisions of these Contract Documents shall be secured by the
Contractor at his own expense. In the event a building permit
is required such permit will be obtained by the Owner at no cost
to the Contractor.
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2.08 Royalties and Patents. The Contractor shall protect and save
harmless the Owner from all and every demand for damages,
royalties, or fees on any patented invention used by him in
connection with the work done or material furnished under this
Contract; provided, however, that if any patented material,
machinery, appliance, or invention is clearly specified in this
Contract, the cost of procuring the rights of use and the legal
release of idemnity shall be borne and paid by the Owner direct
unless such cost is determined and directed to be included in
the bid price at the time the Proposal is submitted.
2.09 Keeping of Plans and Specifications Accessible. The Engineer
shall furnish the Contractor with two (2) sets of executed Plans
and Specifications without expense to him, the Contractor shall
keep one copy of the same constantly accessible on the job site,
with the latest revisions noted thereon, and additional sets
will be obtained from the Engineer at commercial reproduction
rates plus 15% for handling.
2.10 Discrepancies and Omissions It is further agreed that it is
the intent of this Contract that all work must be done and all
material must be furnished in accordance with the generally
accepted practice, and in the event of any discrepancies between
the separate contract documents, the priority of interpretation
defined under "Contract Documents" shall govern. In the event
that there is still any doubt as to the meaning and intent of
any portion of the Contract, Specifications or Drawings, the
Engineer shall define which is intended to apply to the work.
2.11 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 need
preliminary to and during the prosecution of the work, the
general and local conditions, and all other matters which can in
any way affect the work under this contract. No verbal
agreement or conversation with any officer, agent, or employee
of the Owner, either before or after the execution of this
Contract, shall affect or modify any of the terms or obligations
herein contained.
2.12 Extra Work The term "extra work" as used in this Contract
shall be understood to mean and include all work that may be
required by the Owner through the Engineer to be done by the
Contractor to accomplish any change, alteration, or addition to
the work shown by the Plans or reasonably implied by the
Specifications and not covered by the Contractor's Proposal,
except as provided in Section 2.03 - "Changes and Alterations ".
It is agreed that the Contractor shall perform all extra work
under the direction of the Engineer when presented with a
written Change Order signed by the Engineer.
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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,
he shall make a written request to the Engineer for a written
Change Order authorizing such extra work. Should a difference
of opinion arise as to what does or does not constitute extra
work or concerning the payment therefor and the Engineer insists
upon its performance, the Contractor shall proceed with the
work after making a written request for a written Change Order
and shall keep an accurate account of the "actual field cost"
thereof as provided under Method "C" below.
2.13 Payment for Extra Work_ It is agreed that the compensation to
be paid by the Contractor for performing extra work shall be
determined by one or more of the following methods:
Method "A" - By agreed unit prices;
Method "B" - By agreed lump sum; or
Method "C" - If neither Method "A" or Method "B" can be agreed
upon before the extra work is commenced, then the
Contractor shall be paid the "actual field cost"
of the work plus 15%.
Where extra work is performed under Method "C ", the term "actual
field cost" of such extra work is hereby defined to be and shall
include: (a) the payroll cost for all workmen, such as foreman,
mechanics, craftsmen, and laborers; (b) the cost of all
materials and supplies not furnished by the Owner; (c) rental
for all power- driven equipment at agreed -upon rates for the time
actually employed or used in the performance of the extra work;
(d) transportation charges necessarily incurred in connection
with any equipment authorized by the Engineer for use on said
extra work and which is not already on the job; (e) all power,
fuel, lubricants, water, and similar operating expenses; (f)
all incidental expenses incurred as a direct result of such
extra work including sales or use taxes on materials, payroll
taxes, and the additional premiums for construction bonds,
workmen's compensation, public liability and property damage,
and other insurance required•by the Contract where the premiums
therefor are based on payroll and material costs.
The Engineer may direct the form in which accounts of the
"actual field costs" shall be kept and may also specify in
writing before the work commences the method of doing the work
and the type and kind of machinery and equipment to be used;
otherwise these matters shall be determined by the Contractor.
Unless otherwise agreed upon, the prices for the use of
machinery and equipment shall be incorporated in the written
extra work Change Order. The 15% of the "actual field cost" to
be paid the Contractor shall cover and compensate him for his
profit, overhead, and general superintendence.
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2.14 Assignment and Subletting.. The Contractor shall not assign or
sublet the work or any part thereof without the previous written
consent of the Engineer, nor shall he assign, by power of
attorney or otherwise, any of the money payable under this
contract unless by and with the consent of the Owner to be
signified in like manner. If the Contractor assigns all or any
part of any monies due or to become due under this Contract, the
instrument of assignment shall contain a clause substantially to
the effect that it is agreed that the right of the assignee in
. and to any monies due to to become due to the Contractor shall
be subject to all prior liens of all persons, firms, and
corporations for services rendered or materials supplied for the
performance of the work called for in this Contract.
2.15 Subcontractors. The Contractor shall be as fully responsible to
the Owner for the acts and omissions of his subcontractors and
of persons either directly or indirectly employed by them as he
is for the acts and omissions of persons directly employed by
him. Should any subcontractor fail to perform the work
undertaken by him in a satisfactory manner, his subcontract
shall be immediately terminated by the Contractor upon written
notice from the Engineer.
2.16 Owner's Status. Nothing contained in this Contract shall create
any contractual relation between any subcontractor and the
Owner.
2.17 Completed Portions of Work. The Owner shall have the right to
take possession of and to use any completed or partially
completed portions of the work prior to completion of the entire
work, but such use shall not constitute an acceptance of any of
the work not completed in accordance with the Contract
Documents. If the Engineer determines that taking possession of
and using partially completed work substantially increases the
cost of or delays construction, the Contractor shall be entitled
to extra compensation or extension of time or both as determined
by the Engineer.
2.18 Materials. All materials furnished by the Contractor shall be
as required by the Plans and Specifications or as otherwise
stipulated. The Contractor shall not start delivery of
materials which he is to furnish until the Engineer has approved
the source of supply of such materials.
2.19 Receiving and Storage of Materials. The Contractor shall make
arrangements for receiving and storing materials. The Owner
will not sign for or receive shipments of materials consigned to
the Contractor. The Owner will not furnish storage space for
materials except where written permission is given by the
Engineer.
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2.20 "Or Equal" Clause Whenever a material, product, or article is
specified or shown on the Plans by using the name of the
proprietary product or of a particular manufacturer or vendor
and is followed by the term or equal" the Contractor may submit
a written request to the Engineer requesting approval of the use
of a material, product, or article he feels is truly equal to
the one specified. The Engineer will evaluate the 'request to
determine if the material, product, or article is of equal
substance and function and if it will perform identically the
duties imposed by the general design. Written approval of an
or equal" material, product, or article must be obtained from
the Engineer before it may be incorporated into the work as a
substitute for that specified in the Contract Documents.
2.21 Completed Work, The Contractor shall maintain continuous
adequate safeguards to protect all completed work from damage,
loss, or the intrusion of foreign elements.
2.22 Materials Furnished by the Owner. The Contractor shall assume
responsibility for and safeguard any and all materials supplied
by the Owner against loss or injury. This provision shall
extend to the taking of all necessary sanitary precautions to
avoid contamination of such materials that must be maintained
and incorporated into the work in a sanitary condition.
2.23 Protection of Proaert'. The Contractor shall give reasonable
notice to the owner or owners of public or private property and
utilities when such property is liable to injury or damage
through performance of the work, and he shall make all necessary
arrangements with such owner or owners relative to the removal
and replacement or protection of such property or utilities.
The Contractor shall satisfactorily shore, support, and protect
any and all structures, and all pipes, sewers, drains, conduits,
and other facilities belonging to the Owner, and he shall be
responsible for any damage resulting thereto. The Contractor
shall not be entitled to any damages or extra pay as a result of
any postponement, interference, or delay caused by any such
structures and facilities being on the line of the work whether
they are shown on Plans or not.
2.24 Shelters for Workmen .anL. aterials The building or structures
for housing men or the erection of tents or other forms of
protection for workmen or materials will be permitted only as
the Engineer shall authorize or direct. 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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2.25 Sanitary Facilities The Contractor at his expense shall
furnish necessary sanitary toilet facilities for the use of all
employees on the job site. The facilities shall be of a type
complying with State and local sanitary regulations and shall be
properly secluded from public observation. These facilities
shall be constructed and maintained by the Contractor in such a
manner and at such points as shall be approved by the Engineer.
Their use shall be strictly enforced.
3. CONTRACTOR'S OBLIGATI AND_RESPONSIBILITIES
3.01 Labor. Equipment. Materials and Construction Plant. The
Contractor shall provide all labor, tools, equipment, machinery,
supplies, and materials necessary for the prosecution and
completion of this Contract where it is not specifically
provided that the Owner shall furnish them. The Owner shall not
be held responsible for the care, preservation, conservation, or
protection of any material, tools, or machinery on any part of
the work until it is finally completed and accepted. The
Contractor shall maintain on the job at all times sufficient
labor, material, and equipment to adequately prosecute the work.
3.02 arformance. Payment and Maintenance Bonds. It is further
agreed by the Parties to this Contract that the Contractor will
execute separate performance and payment bonds, each in the sum
of 100% of the total Contract price, and a maintenance bond in
the sum of 10% of the total Contract price in standard forms for
this purpose guaranteeing faithful performance of the work and
the fulfillment of any guarantees 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 Owner and that final retainage shall not be
paid until such maintenance bond is furnished and approved by
the Owner. The cost of the premium for the performance, payment
and maintenance bonds shall be included in the price bid by the
Contractor for the work under this Contract, and no extra
payment for such bonds will be made by the Owner.
The surety company or companies underwriting the performance,
payment and maintenance bonds shall be acceptable according to
the latest list of companies holding certificates of authority
from the Secretary of the Treasury of the United States, shall
be duly authorized to act under the laws of the State of Texas
as Surety, and shall be approved by the Owner.
3.03 Contractor's Ability to Perform Upon request by the Owner the
Contractor shall furnish sufficient evidence of his ability to
perform the work which is outlined in this document. This shall
include an equipment inventory and records showing the
satisfactory completion of projects of equal magnitude in the
past. It shall be the prerogative of the Owner to terminate the
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Contract as outlined in Section 7 "Termination of Contract ", if
job progress indicates that the Contractor lacks either
appropriate experience or ability.
3.04 Superintendence and Inspection. The Contractor shall give
personal attention to the faithful prosecution and completion of
the Contract and shall keep a competent superintendent and any
necessary assistants, all of whom are satisfactory to the
Engineer, on the work continuously during its progress. The
superintendent shall represent the Contractor in his absence,
and all directions given to him by the Owner's representative
shall be as binding as if given to the Contractor.
In the event that the Contractor and the superintendent are both
absent from the site of the work for prolonged periods of time
the Engineer may order any or all work under this Contract to be
stopped until the Contractor provides continuous and proper
supervision of the work. Such stoppage shall not constitute a
basis for any claim against the Owner for damages caused by
delay for such work stoppages.
3.05 Character of Employees. The Contractor agrees to employ only
orderly, competent, and skillful persons to do the work, and
whenever the Engineer shall inform them that the work being
accomplished is of sub - standard character by reason of
carelessness, incompetence, or inexperience on the part of the
workers the installation of such work shall be immediately
suspended and shall not be resumed until the Engineer is
satisfied that the conditions causing such faulty work have been
corrected.
3.06 Contractor's Duty to Protect Persons and Property. In the
performance of this Contract, the Contractor shall protect the
public and the Owner fully by taking reasonable precaution to
safeguard persons from death or bodily injury and to safeguard
property of any nature whatsoever from damage. Where any
dangerous condition or nuisance exists in and around
construction sites, equipment and supply storage areas, and
other areas in anyway connected with the performance of this
Contract, the Contractor shall not create excavations,
obstructions, or any dangerous condition or nuisance of any
nature whatsoever in connection with the performance of this
Contract unless necessary to its performance, and in that event
the Contractor shall provide and maintain at all times
reasonable means of warning of any danger or nuisance created.
The duties of the Contractor in this paragraph shall be
nondelegable, and the Contractor's compliance with the specific
recommendations and requirements of the Owner as to the means of
warning shall not excuse the Contractor from the faithful
performance of these duties should such recommendations and
requirements not be adequate or reasonable under the
circumstances.
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3.07 Safety Codes. The Contractor shall comply with all applicable
provisions of any Federal, State, County, and Municipal safety
laws and building and construction codes.
All machinery, equipment, and other physical hazards shall be
guarded in accordance with the latest edition of 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.
3.08 Barricades & 21affic Control Signs. When barricades or traffic
control signs are used to satisfy safety requirements, such
barricades or signs shall be properly identified with the
Contractor's name prominently stenciled on both sides of the
barricades with lettere at least two (2 ") inches high.
!!1, Barricades and signs shall be located and fashioned as per the
Texas Manual on Uniform Traffic Control Devices for Streets and
Highways, 1980 Edition.
I 3 09 Minimum Wage&. All employees directly employed on the work
1 shall be paid not less than the established prevailing wage
scale for work of a similar character in this locality. A scale
of prevailing wages is included in the Special Conditions of
these Contract Documents. The Contractor shall not pay less
than the general prevailing wages shown on said scale and shall
keep accurate wage records accessible in accordance with Article
5159 of the Revised Civil Statutes of Texas.
3.10 Unsuitable Work or Material. It is understood and agreed that
if the work or any part thereof or any material furnished by the
Contractor for use in the work or selected for the same shall be
I � deemed by the Engineer as unsuitable or not in conformity with
! plans, specifications, and contract documents, the Contractor
shall, after receipt of written notice thereof from the
Engineer, forthwith remove such material and replace, rebuild,
or otherwise remedy such work so that it shall be in full
1 1 accordance with this Contract.
Should the Contractor fail to initiate compliance with the above
' provision within 72 hours or should he fail to properly
prosecute and complete correction of such faulty work, the
L Engineer may direct that the work be done by others and that the
cost of the work be deducted from monies due the Contractor.
111 3.11 No Waiver of Contractor's Obligations. The Engineer,
1 supervisor, or project representative shall have no power to
I waive the obligations of this Contract for the furnishing by the
Contractor of good material and of his performing good work as
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herein described and in full accordance with the plans and
specifications. No failure or omission of the Engineer,
supervisor, or project representative to condemn any defective
work or material shall release the Contractor from the
obligation to at once tear out, remove, and properly replace the
same at any time prior to final acceptance upon the discovery of
said defective work or material; provided, however, that the
Engineer, supervisor, or project representative shall upon
request of the Contractor inspect and accept or reject any
material furnished, and once the material has been accepted by
the Engineer, supervisor, or project representative such
acceptance shall be binding on the Owner unless it can be
clearly shown that such material furnished was not as
represented and does not meet the specifications for the 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, specifications, and
contract documents for said work, all expense of removing,
re- examination, and replacement shall be borne by the
Contractor; otherwise the expense thus incurred shall be allowed
as "Extra Work" and shall be paid for by the Owner.
3.12 Site Clean Up. The Contractor shall not allow the site of the
work to become littered with trash and waste material, but shall
maintain the site in a neat and orderly condition throughout the
construction period. The Engineer shall have the right to
determine what is waste material or rubbish and the manner and
place of disposal. On or before the completion of the work the
Contractor shall, without charge therefor, carefully clean out
all pits, pipes, chambers, or conduits, shall tear down and
remove all rubbish of every kind from the tracts or grounds
which he has occupied, and shall leave them in a condition
satisfactory to the Engineer.
3.13 Guarantee. During a period of twelve (12) months from and after
the date of the final acceptance by the Owner of the work
embraced by this Contract, the Contractor shall make all needed
repairs arising out of defective workmanship or materials, or
both, which in the judgement of the Owner shall become necessary
during such period. If within ten (10) days after the mailing
of a notice in writing to the Contractor or his agent the said
Contractor shall neglect to make or to undertake with due
diligence the aforesaid repairs, the Owner is hereby authorized
to make such repairs at the Contractor's expense; provided,
however, that in case of emergency where, in the judgement of
the Owner, delay would cause serious loss or damage, repairs may
be made without notice being sent to the Contractor, and the
Contractor and /or his Surety (see Section 3.02 on maintenance
bond) shall pay the cost thereof.
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4. OWNER'S OBLIGATIONS AND RESPONSIBILITIES
4.01 Lines and Grades. All necessary lines and grades shall be
furnished by the Engineer. Whenever necessary, work shall be
suspended to permit performance of this work, but such
I suspension will be as brief as practicable, and the Contractor
shall be allowed no extra compensation thereof. The Contractor
shall give the Engineer ample notice of the time and place where
lines and grades will be needed. All stakes, marks, etc. shall
be carefully preserved by the Contractor, and in case of
careless destruction or removal by him or his employees such
stakes, marks, etc. shall be replaced as directed by the
Engineer at the Contractor's expense.
I. 4.02 Right of Entry. The Owner reserves the right for its personnel
!! or its agents to enter the property or location on which the
work herein contracted is being constructed or installed for the
purpose of supervising and inspecting the work or for the
purpose of constructing or installing such collateral work as
1 the Owner may desire.
4.03 Owner's Representatives. It is agreed by the Contractor that
1 the Owner shall appoint such Engineer, supervisors; or project
representatives as the said Owner may deem necessary to examine
the material furnished and the work done under this Contract, to
see that the said material is furnished, and to see that said
I work is done in accordance with the plans and specifications
therefor. The Contractor shall furnish all reasonable aid and
assistance required by the Engineer, supervisors, or project
representatives for the proper review and examination of the
!! work and all parts thereof. The Contractor shall regard and
comply with the directions and instructions of the Engineer,
supervisors, or project representatives so appointed when such
directions and instructions are consistent with the obligations
I of this Contract.
I 4.04 Collateral_Work. The Owner reserves the right to provide all
labor and material essential to the completion of work that is
not included in this Contract either by a separate contract or
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otherwise. Any collateral work shall be prosecuted in such a
manner that it will not damage the Contractor nor delay the
progress of the work being accomplished under this Contract.
The respective rights of and operations of the various interests
I involved shall be established and coordinated by the Engineer.
4.05 Right- of -Way. Easements across private property and lands
' needed for construction under this Contract will be provided by
the Owner.
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4.06 Adequacy of Design. It is agreed that the Owner shall be
responsible for the adequacy of the design, sufficiency of the
Contract Documents, the safety of the structure and
practicability of the operations of the completed project;
provided the Contractor has compiled with the requirements of
the said Contract Documents, all approved modifications thereof,
and additions and alterations thereto approved in writing by the
Owner. The burden of proof of such compliance shall be upon the
Contractor to show that he has complied with the said
requirements of the Contract Documents, approved modifications
thereof and all approved additions and alterations thereto.
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5.01 Order__and Prosecution of tbW.,yyork. 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 conductive to economy of construction;
provided however, that the order and time of prosecution shall
be such that the work shall be completed as a whole or in part
in accordance with this Contract within the time of completion
hereafter designated; provided also that the Engineer may direct
the time and manner of constructing any part or parts of the
work when in his opinion such should be given priority to lessen
the probability of danger to the public or to anticipate
seasonal hazards from the elements or to coordinate with other
work being done for or by the Owner.
5.02 gate of Progress. The Contractor shall give the Engineer full
information in advance as to his plans for carrying on any part
of the work. If at any time prior to the start or during the
progress of the work any part of the Contractor's plant or
equipment or any of his methods of executing the work appear to
the Engineer to be unsafe, inefficient, or inadequate to insure
the required quality or rate of progress of the work, the
Engineer may order the Contractor to increase or improve his
facilities or methods, and the Contractor shall promptly comply
with such orders; failure to comply will result in placing
Contractor in abandonment per Section 8 "Abandonment of Contract
by Contractor "; but neither compliance with such orders nor
failure of the Engineer to issue such orders shall release the
Contractor from his obligation to secure the degree of safety,
the quality of work, and the rate of progress required by this
Contract. The Contractor alone shall be responsible for the
safety, adequacy, and efficiency of his plant, equipment, and
methods.
5.03 Empday. Holiday and Night 39grk. Except in connection with the
care, maintenance, or protection of equipment or of work already
done, no work shall be done between the hours of 6:00 p.m. and
7:00 a.m. or on Sundays or legal holidays without written
consent of the Engineer.
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5.04 @iOdrance6___And__12210Y6• No claims shall be made by the
Contractor for damages, hindrances, or delays from any cause
during the progress of any portion of the work embraced by this
Contract except where the work is stopped by order of the
Owner. If the Owner stops the work for just cause because the
Contractor is not complying with the plans and specifications or
the intent thereof, the Contractor shall have no claim for
damages, hindrances, or delays. However, if the Owner stops the
work for any other reason, the Contractor shall be entitled to
reimbursement paid by the Owner for such expenses actually
incurred which in the judgement of the Engineer occurred as a
result of the work stoppage.
Should delays repeatedly occur due to the Contractor's failure
to provide adequate plant, equipment, or personnel, or where the
Engineer determines that unreasonable inconvenience to the
public is due to such failure, the Contractor's operations shall
be suspended until he shall have provided adequate plant,
equipment, and personnel to properly resume and continually
prosecute the work.
5.05 Extensi40s__of__Tin6. Should the Contractor be delayed in the
final completion of the work by any act or neglect of the Owner
or-Engineer, or of any employee or either, or by any other
contractor employed by the Owner, or by strikes, fire or other
cause or causes outside of and beyond the control of the
Contractor and which the Engineer determines could have been
neither anticipated nor avoided, then an extension of time
sufficient to compensate for the delay as determined by the
Engineer shall be granted by the Owner; provided, however, that
the Contractor shall give the Owner prompt notice in writing of
such cause of delay in each case. Extensions of time will not
be granted for delays caused by unfavorable weather, unsuitable
ground conditions or inadequate construction force.
5.06 Li9UidatO__P6ma9e6__ for__E ai1ULe __to__CQThp16t6__QII__Time. The
Contractor agrees that time is of the essence of 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 the preceding
paragraph, the Owner may withhold permanently from the
Contractor's total compensation, not as penalty but as
liquidated damages, the sum of $1,000.00 per calendar day.
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' 6. IDEMNITY
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i 6.01 Contractor's Idemnity Proy. ipp. To protect the Owner from the
Contractor's failure to perform any of the foregoing duties or
any of the terms of this Contract, the Contractor shall idemnify
' and save harmless the Owner and the Owner's agents and employees
from all losses, damages, judgments, decrees, expenses or costs
of any nature whatsoever arising out of or in anyway connected
' with any claims or actions of law or in equity brought against
the Owner and the Owner's agents and employees for the death or
:: injury to persons or for damage to property caused, or allegedly
caused, by any willful acts, negligence, nuisance, or breach or
' any term or condition of this Contract by the Contractor, his
agents, servants, subcontractors, or employees. The Contractor
' shall furthermore idemnify and save harmless the Owner and the
It worker, agents and employees from all demands of subcontractors,
worker, material, persons, or suppliers of machinery and parts
tl thereof, equipment, power tools, and supplies incurred in
' connection with work to be performed under this Contract.
Property of any description, including property of the Owner,
t l which shall be damaged in the performance of this Contract by
the Contractor, his agents, employees and subcontractors shall
be restored to its condition prior to damage by the Contractor
11; at the Contractor's expense.
6.02 Workmen's £QD&eDBAULD__dDsurance. The Contractor agrees to
comply with the Workmen's Compensation Act of the State of
Texas, and to pay or cause to be paid all compensation, medical
or other benefits, which may become due or payable thereunder,
and to protect and idemnify the Owner and the Owner's agents and
employees from and against any and all liabilities by reason of
accidental injury, disease or death sustained by subcontractor's
employees. The Contractor shall furnish the Owner with a
certificate from the Industrial Accident Board evidencing the
Contractor's and subcontractor's compliance with said statute.
I! 6.03 CoDprehensive General Liability Insurance 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, a Comprehensive General Liability insurance policy,
'" said policy and the issuing carrier approved by the Owner, which
I specifically insures the contractual liability of the Contractor
assumed under Paragraph 6.01 above entitled "Contractor's
Idemnity Provision ". The liability coverage under this policy
shall cover Independent Contractors. Liability limits for the
' Comprehensive General Liability insurance coverage under this
' policy shall not be less than the following:
Bodily Injury $100,000 each person
$300,000 each accident
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Property Damage $ 25,000 each accident
$ 50,000 aggregate
6.04 Owner's Protective Insurance 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 Comprehensive General Liability coverage as described
in 6.03 above entitled "Comprehensive General Liability
L Insurance ".
I 6.05 Comprehensive Automobile Liability Insuran4€ The Contractor
} shall provide and maintain during the life of this Contract and
until all work under said Contract has been completed and
I accepted by the Owner, a Comprehensive Automobile Liability
insurance policy, said policy and issuing carrier approved by
the Owner, covering the operation on or off the site of the work
I of all motor vehicles licensed for highway use, whether they are
owned, non - owned, or hired by the Contractor, in which shall
specifically insure contractural liability of the Contractor
assumed under the above Paragraph 6.01 entitled "Contractor's
Idemnity Provision" The liability limits for the Comprehensive
Automobile Liability insurance coverage shall not be less than
1 the following:
Bodily Injury $100,000 each person
} $300,000 each accident
Property Damage $ 50,000 each accident
6.06 Insurance Certificate. In connection with the insurance
I coverage set out in sections 6.02, 6.03, 6.04, and 6.05 above,
the Contractor shall furnish the Owner with a certificate
verifying said insurance. Said certificate shall state that the
Owner shall be given ten (10) days advance written notice before
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any provisions of the policies are changed or in the event said
policies shall be cancelled. This Certificate of Insurance
shall be provided to the Owner prior to starting any
' construction work in connection with this Contract.
L 7. TERMINATION OE CONTRACT
' 7.01 Right of Owner to Terminate. if the contractor should be guilty
of substantial violation of the Contract or any provision
thereof, the Owner, upon certification by the Engineer as to the
' nature and extent of such violation, may without prejudice to
any other resources or remedy give the Contractor written notice
} of termination of the employment of the contractor ten (10) days
' subsequent to such notice. Immediately following such date, the
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Owner may take possession of the site of the work and all
material, equipment, tools, and appliances thereon and may
finish the work in accordance with the provision of Section 8
"Abandonment of Contract by Contractor ", of these General
Conditions.
7.02 Right of Contractor to Terminate. If work should be Stopped by
order of any public authority or court through no act or fault
of the Contractor for a period of three (3) months of if the
Owner should substantially fail to perform the provisions of the
Contract with regard to Owner's obligations to the Contractor,
then the Contractor may, upon ten (10) days written notice to
the Owner, terminate this Contract and recover from the Owner
payment for all completed work.
7.03 Removal of Equipment. In the event that the Contract should be
• terminated for any reason whatsoever, the Owner may request the
Contractor in writing to remove any or all of his equipment,
tools, and supplies, and the Contractor shall comply with the
request within ten (10) days after receipt of the notice.
Should he fail to do so within ten (10) days after receipt of
such notice, the Owner shall have the right to remove such
equipment and supplies at the expense of the Contractor and to
place such equipment, tools and supplies in storage at the risk
and expense of the Contractor.
8. ABANDONMENT OF CONTRACT BY CONTRACTOR
8.01 Notification of Contractor. If the Contractor should abandon
and fail to resume work within ten (10) days after written
notification from the Owner or the Engineer or if the Contractor
fails to comply with the orders of the Engineer when such orders
are consistent with this Contract or with the specifications
hereto attached, then the Contractor shall be deemed as having
abandoned the Contract. The Surety on the bond shall be
notified in writing and directed to complete the work, and a
copy of said notice shall be delivered to the Contractor.
8.02 Retention of Contractor's Equipment and Materials by Owner.
After receiving said notice of abandonment the Contractor shall
not remove from the work any machinery, equipment, tools,
materials, or supplies then on the job, but the same together
with any materials and equipment under contract for the work may
be held for use on the work by the Owner or the Surety on the
performance bond or another contractor in completion of the
work; and the Contractor shall not receive any rental or credit
therefore except when used in connection with extra work where
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credit shall be allowed as provided for under Section 2.12
entitled "Extra Work ", it being understood that the use of such
equipment and materials will ultimately reduce the cost to
complete the work and will be reflected in the final settlement.
8.03 Methods of Completing the Work If the Surety should fail to
commence compliance with the notice for completion herein before
provided within ten (10) days after service of such notice, then
the Owner may provide for completion of the work in either of
the following elective manners:
a. The Owner may thereupon employ such force of workers and
use such machinery, equipment, tools, materials, and
supplies as said Owner may deem necessary to complete the
work and charge the expense of such labor, machinery,
equipment, tools, materials, and supplies to said
Contractor, and the expense so charged shall be deducted
and paid by the Owner out of such monies as may be due or
that may thereafter at any time become due to the
Contractor under and by virtue of this Contract. In case
such expense is less than the sum which would have been
payable under this Contract if the same had been completed
by the Contractor, then said Contractor shall receive the
difference. In case such expense is greater than the sum
which would have been payable under this Contract if the
same had been completed by said Contractor, then the
Contractor or his Surety shall pay the amount of such
excess to the Owner.
b. The Owner under sealed bids, after fourteen (14) days
notice published two (2) or more times in a newspaper
having a general circulation in the county of location of
the work, may let the contract for the completion of the
work under substantially the same terms and conditions
which are provided in this Contract. In case of any
increase in cost to the Owner under the new contract as
compared to what would have been the cost under this
Contract, such increase shall be charged to the Contractor,
and the Surety shall be and remain bound therefor.
However, should the cost to complete any such new contract
prove to be less than what would have been the cost to
complete under this Contract, the Contractor or his Surety
shall be credited therewith.
8.04 Final Acceptance. When the work has been completed the
Contractor and his Surety shall be so notified and a Contract
Completion Certificate as hereinafter provided shall be issued.
A complete itemized statement of the Contract accounts certified
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by the Engineer as being correct shall then be prepared and
delivered to the Contractor and his Surety, whereupon the
Contractor, his Surety or the Owner, as the case may be, shall
pay the balance due as reflected by said statement within
fifteen (15) days after the date of such Contract Completion
Certificate.
8.05 Disposition of Contractor's Eguipment. In the event the
statement of accounts shows that the cost to complete the work
is less than that which would have been the cost to the Owner
had the work been completed by the Contractor under the terms of
this Contract or when the Contractor or his Surety pay the
balance shown to be due by them to the Owner, then all
machinery, equipment, tools, materials, or supplies left on the
site of the work shall be turned over to the Contractor or his
Surety. Should the cost to complete the work exceed the
contract price, and the Contractor or his Surety fail to pay the
amount due the Owner within the time designated hereinabove, and
there remains any machinery, equipment, tools, materials, or
supplies on the site of the work, notice thereof together with
an itemized list of such equipment and materials shall be mailed
to the Contractor and his Surety at the respective addresses
designated in this Contract; provided, however, that actual
written notice given in any manner will satisfy this condition.
After mailing or other giving of such notice such property shall
be held by the Owner at the risk of the Contractor and his
Surety subject only to the duty of the Owner to exercise
ordinary care to protect such property. After fifteen (15) days
from the date of said notice the Owner may sell such machinery,
equipment, tools, materials, or supplies and apply the net sum
derived from such sale to the credit of the Contractor and his
Surety. Such sale may be made at either public or private sale,
with or without notice, as the Owner may elect. The Owner shall
release any machinery, equipment, tools, materials, or supplies
which remain on the work and belong to persons other than the
Contractor or his Surety to their proper owners.
9. MEASUREMENT AND PAYMENT
9.01 Character of Measurements. No extra or customary measurements
of any kind will be allowed but the actual length, area, solid
contents, number, and weight only shall be considered unless
otherwise specifically provided.
9.02 Estimated vs. Actual Quantities Any and all estimated
quantities stipulated in the proposal form under unit price
items are approximate and are to be used only (a) as a basis for
estimating the probable cost of the work and (b) for the purpose
of comparing the proposals submitted for the work. It is
understood and agreed that the actual amounts of work done and
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materials furnished under unit price items may differ from such
estimated quantities and that the basis of payment for such work
and materials shall be for the actual amount of such work done
and the actual quantity of materials furnished.
The Contractor agrees that he will make no claim for damages,
anticipated profits, or otherwise on account of any difference
between the amount of work actually performed and materials
actually furnished and the amounts estimated therefor in the
proposal or other Contract Documents; provided, however, that if
the actual quantity of any item should become as much as
twenty -five (25%) percent more or twenty -five (25%) percent less
than the estimated or contemplated quantity for such items, then
either party to this Contract shall be entitled upon demand to a
revised consideration on the portion of the work above or below
twenty -five (25%) percent of the estimated quantity prior to
initiating work or furnishing materials for the overrun or
underrun quantities. Such revised consideration shall be
determined by agreement between the parties or otherwise by the
terms of this Contract as provided under Section 2.12 entitled
"Extra Work ".
9.03 payment. In consideration of the furnishing of all the
necessary labor, equipment, and material and the completion of
all work by the Contractor, and on the completion of all work
and the delivery of all material embraced in this Contract in
full conformity with the specifications and stipulations
contained herein, the Owner agrees to pay the Contractor the
amounts set forth in the Proposal attached hereto which has been
made a part of this Contract. The Contractor hereby agrees to
receive such amounts in full payment for furnishing all material
and all labor required for the aforesaid work, 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 Contract,
the attached specifications, and requirement of the Engineer.
9.04 Bonthly Estimates and Payments. The Contractor shall furnish to
the Engineer by the twenty -fifth of the month such detailed
information as he may request to aid him as a guide in the
preparation of monthly estimates. On or about the first day of
each month the Engineer will make an approximate estimate of the
value of work done in conformity with the plans and
specifications during the previous calendar month. After each
such estimate shall have been approved by the Owner, the Owner
shall pay to the Contractor ninety (90%) percent of the amount
of such estimated sum on or before the 15th day of said month.
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It is understood, however, that in case the whole work is near
to completion and some unexpected or unusual delay occurs due to
no fault or neglect on the part of the Contractor, the Owner
may, upon written recommendation of the Engineer, pay a
reasonable and equitable portion of the retained percentage to
the Contractor.
9.05 Certificates of Completion. Within ten (10) days after the
Contractor has given the Engineer notice that the work has been
completed the Engineer shall inspect the work and satisfy
himself by examination and test that work has been finally and
fully completed in accordance with the plans, specifications,
and Contract. If so, the Engineer shall issue a Contract
Completion Certificate to the Owner and the Contractor. Such
certificate when issued shall constitute final acceptance of the
work covered under this Contract and serve as the date for
stoppage of the contract period specified for completion of the
Project.
9.06 Final Estimate and Payment. After the Contract Completion
Certificate has been issued the Engineer shall proceed to make
final measurements and to prepare a final estimate of the work
done and materials furnished under this Contract and the value
thereof. The Engineer shall certify the Final Estimate and
submit it to the Owner within five (5) days from the date of the
Contract Completion Certificate; provided the Notarized
Affidavit specified in Section 9.07 has been received by the
Engineer.
The Owner shall pay the Contractor within fifteen (15) days from
the date of the Contract Completion Certificate the entire sum
shown due on the certified Final Estimate prepared by the
Engineer after deducting all amounts to be kept and retained
under any provision of this Contract. However, it is to be
specifically understood that the final payment will not be paid
by the Owner to the Contractor under any circumstances until the
Notorized Affidavit required by Section 9.07 entitled "Notarized
Affidavit ", has been submitted to the Engineer.
All prior estimates and payment shall be subject to correction
in the final estimate and payment; but in the absence of error
or manifest mistake, it is agreed that all estimates, when
approved by the Owner, shall be conclusive evidence of the work
done and materials furnished.
9.07 Notarized Affidavit. Before final payment for the work by the
Owner the Contractor shall submit to the Engineer a notarized
affidavit in duplicate stating under oath that all
subcontractors, vendors, and other persons or firms who have
furnished or performed labor or furnished materials for the work
have been fully paid or satisfactorily secured. Such affidavit
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shall bear or be accompanied by a statement, signed by the
Surety Company who provided the performance bond for the work,
to the effect that said Surety Company consents to final payment
to the Contractor being made by the Owner.
9.08 Release of Liability. The acceptance by the Contractor of the
last payment shall operate as and shall be a release to the
Owner and every officer and agent thereof from all claims and
liability hereunder for anything done or furnished for or
relating to the work or for any act or neglect of the Owner or
of any person relating to or affecting the work.
9.09 Contractor's Obligation. Neither the Contract Completion
Certificate 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
in the Contract Documents.
9.10 payments Withheld. The Owner may, on account of subsequently
discovered evidence, withhold or nullify the whole or part of
any payment to such extent as may be necessary to protect
himself from loss on account of:
a. Defective work not remedied.
b.. Claims filed or reasonable evidence indicating probable
filing of claims.
c. Failure of the Contractor to make payment properly to
subcontractors or for material or labor.
d. Damage to another contractor.
When the above grounds are removed or the Contractor provides a
Surety Bond satisfactory to the Owner, which will protect the
Owner in the amount withheld, payment shall be made for amounts
withheld because of them.
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SPECIAL CONDITIONS
SECTION 01 - INFORMATION
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01 -01 ENGINEER
01 -05
01 -06 OWNER
01 -07 LOCATION
The word "Engineer" in these Specifications shall be
understood as referring to HAYNIE RALLMAN & GRAY,
INC., 12212 - Technology Blvd., Austin, TX 78727.
Engineer of the Owner, or the Engineer's authorized
representative to act in any particular position for
the Owner.
01 -02 COPIES OF PLANS AND SPECIFICATIONS FURNISBEQ
The Agreement will be prepared in not less than seven
(7) counterpart (original signed) sets. Owner will
furnish Contractor two (2) sets of conforming
Contract Documents, Technical Specifications and
Plans free of charge, and additional sets will be
obtained from Engineer at commercial reproduction
rates plus 15% for handling.
01 - 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
Refer to the General Conditions of Agreement, Section
5.06, Page 15 for description.
TIME OF COMPLETION
The work shall be completed within the number of
calendar days stated in the Proposal. The time shall
begin from the date of the Agreement, or from the
date of the Notice to Proceed, which ever is latest.
' The Owner shall be the party or parties named in the
Notice to Contractor.
The location of work shall be as mentioned in the
Notice to Contractors and as indicated on Plans.
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Prior to commencing construction, 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
I location. Certain utility companies perform such
services at their own expense, however, where such is
L not the case, the Contractor will cause such work to
be done at his own expense.
02 -02 "AS- BUILT" DRAWINGS
' The Contractor shall mark all changes and revisions
on all of his copies of the working drawings. Upon
LJ completion of the Project and prior to final
1 acceptance and payment, the Contractor shall deliver
his correctly marked set of drawings to the Engineer.
02 -03 LANDS FOR WORK
1 Owner provides, as indicated on Drawings, land upon
11 which work is to be done, rights -of -way for access to
I 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
II required for his construction operations, temporary
construction facilities, or for storage of materials.
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I! 02 -04 UTILITY SERVICES FOR CONSTRUCTION
The Contractor will be responsible for providing his
own utility services during construction. No
additional payment will be made for this item.
02 -05 GUARANTEES
Guarantee work, including equipment installed, to be
L free from defects due to faulty workmanship or
materials for a period of one (1) year from the date
I specified on the Certificate of Completion. Upon
I notice from Owner, repair defects in all construction
SECTION 02 - ,SPECIAL CONSIDERATIONS
02 -01 CROSSING UTILITIES
which develop during specified period at no cost to
Owner. Neither final acceptance, Certificate of
Completion, final payment nor any provision in
Contract Documents relieves Contractor of above
' guarantee. Notice of observed defects will be given
with reasonable promptness. Failure to repair or
replace defect upon notice entitles Owner to repair
III or replace same and recover reasonable cost thereof
from Contractor.
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02 -06 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES
Whenever existing utilities, not indicated on Plans,
present obstructions to grade and alignment of pipe,
immediately notify Engineer, who without delay, will
determine whatever existing improvements. are to be
relocated, or grade and alignment of pipe changed.
Where necessary to move existing services, poles, guy
wires, pipelines, etc., as determined by the
Engineer, the Contractor will make arrangements with
the owner of the utility to be moved and have it
moved. The cost of any utility relocation will be at
the Contractor's sole expense. Owner will not be
liable for relocation costs or damages on account of
delays due to changes made by owners of privately
owned utilities which hinder progress of the work.
02 -07 MINIMUM WAGE SCALE
Minimum wage scale as specified and regulated by the
State of Texas and the Federal Government.
02 -08 LIMIT OF FINANCIAL RESOURCES
The Owner has a limited amount of financial resources
committed to this Project; therefore, it shall be
understood by all bidders that the Owner may be
required to change and /or delete any items which he
may feel is necessary to accomplish all or part of
the scope of work within its limit of financial
resources.
Contractor shall be entitled to no claim for damages
for anticipated profits on any portion of work that
may be omitted. At any time during the duration of
this contract, the Owner reserves the right to omit
any work from this contract. Unit prices for all
items previously approved in this contract shall be
used to delete or add work per change order.
02 -09 CONSTRUCTION REVIEW
The Owner shall provide a project representative to
review the quality of materials and workmanship.
02 -10 LIMITS OF WORK AND PAYMENT
It shall be the obligation of the contractor to
complete all work included in this contract, so
authorized by the Owner, as shown on the drawings or
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02 -12
SECTION 03 -
03 -01
described in the
specifications.
specifically paid
included in the
arising as the the
the interpretation
02 -11 BAYMENT_E4R_MATBEIBLS_ON-&ANP
C4NSTENTIQN_SMEINS,
ENTSCTIQN _QE_STAB&S._MA88S.-ETC.
contract documents and technical
All items of construction not
for in the bid schedule shall be
unit price bids. Any question
limits of work shall be left up to
of the Engineer.
Owner shall pay for 90% of amount of materials on
hand in accordance with monthly estimate procedure
stipulated in the General Conditions of the
Agreement.
The Engineer shall provide construction staking for
this project. The Contractor shall furnish and pay
for any re- staking.
All engineering and surveyor's stakes, marks,
property corners, etc., shall be carefully preserved
by the Contractor, and in case of destruction or
removal during the course of this project, such
stakes, marks, property corners, etc., shall be
re- staked by the Contractor at the Contractor's sole
expense without additional compensation by the Owner.
The Contractor shall furnish to the Owner, AT THE
CONTRACTOR'S EXPENSE, the Engineer's certification
that ALL property pins are in place prior to his
moving off the job site. Such certification will be
expected of each Contractor involved with the
project.
INEULAN &N
Insurance policies must be obtained by the Contractor
or separate endorsement obtained by his existing
insurance policies on projects that involve special
hazards, such as blasting, excavation on public
properties, etc.
The principal types of insurance which will be
necessary are:
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El dbli4 _LigbilitY_30d_PLOgLtY__124mage to protect the
Contractor, any of his sub - contractors and the Owner
against claims arising from personal injury,
including accidental death, as well as claims for
property damage.
The amount for liability is $100,000/$300,000. The
amount of property damage will depend upon the
magnitude and nature of the project.
butsmbilg__ and_ Truck _Eublic_LiabilitY__and__Ercnsty
Daman to protect the same individuals as indicated
under Public Liability and Property Damage above, and
in the same amount of liability.
Workerls_ Comensaticn _and_EmployeLls_Liability
Duildgr_'&_$iak_In & urance is necessary to cover loss
of or damage to the building materials while the
project is under construction.
The Contractor shall supply to the Owner a
Certificate of Insurance, on a form supplied by the
insurance companies or a form similar to the attached
samples from the Contractor prior to the start of
work.
QYiFlgrlfi___ErQtectiys as required by the General
Conditions of the Agreement.
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TECHNICAL SPECIFICATIONS
ITEM 1 UNERAL_LEEBIETIQN
1.01 EC4EE_4E_N4LS
The work covered by these Specifications consists of
furnishing all labor, equipment, appliances, materials and
performing all operations in connection with regional
detention improvements on S.C.S. Lake No. 14 complete in
accordance with the Plans, and subject to the terms and
conditions of the Contract Documents.
DE TENTIQN_IN8RQYENENTE
The current Standard Specifications for Public Works
Construction of City of Austin Engineering Department and
the City of Austin Erosion & Sedimentation Control Manual,
are incorporated into this project and they shall be
applied to this project except as modified in these
Specifications and on the Plans.
Wherever the term "City of Austin" is used in the Austin
Specifications, it shall be construed to mean City of
Round Rock.
Wherever the term "Engineer" is used in the Austin
Specifications, it shall be construed to mean Haynie
Hallman & Gray, Inc.
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ITEM 2 CONTROL OF WORK
2.01 CLEAN -UP
2.01.1 CONSTRUCTION SITE
2.01.2 NACEWORE
2.02 GRADING
During construction the Contractor shall keep the site
free and clean from all rubbish and debris and shall
clean -up the site promptly when notified to do so by the
Engineer.
The Contractor shall, at his own expense, maintain the
streets and roads free from dust, mud, excess earth or
debris which constitutes a nuisance or danger to the
public using the thoroughfare, or the occupants of
adjacent properties.
Care shall be taken to prevent spillage on streets and
roads over which hauling is done, and any such spillage or
debris deposited on streets, due to the Contractor's
operations, shall be immediately removed.
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 the area adjacent
to streets and drainage facilities as may be necessary to
leave the area in a neat and satisfactory condition
approved by the Engineer.
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ITEM 3 EXAMINATION_ANP_BEYIE)3
3.01 NKAMINATION_OE_WQR6
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 NQTIEICATION
The Engineer must be notified a minimum of 24 -hours in
advance of beginning construction, testing, or requiring
presence of Engineer or project representative.
OON &T$UCTION_ &TABINS
The Engineer shall furnish the Contractor alignment and
reference hubs for excavation and embankment at an agreed
interval and offset, together with cut sheets showing the
difference in elevation from top of the stakes to the
finished grade elevation.
This construction staking will be provided one (1) time at
the sole expense of the Owner. All re- staking will be
provided by the Contractor and paid for by the Contractor
at his sole expense without additional compensation by the
Owner.
EROTECTION _QE_ &TAHEE._hBEE._ETC.
All engineering and surveyor's stakes, marks, property
corners, etc., shall be carefully preserved by the
Contractor, and in case of destruction or removal during
the course of this project, such stakes, marks, property
corners, etc., shall be replaced by the Contractor at the
Contractor's sole expense.
The Contractor shall furnish to the Owner, AT THE
CONTRACTOR'S EXPENSE, the Engineer's certification that
ALL property pins are in place prior to his moving off the
job site. Such certification will be expected of each
Contractor involved with the project.
The Contractor's final pay estimate will not be released
to the Owner for payment until all property corners in the
Project have been verified in place to the Engineer's
satisfaction in accordance with the above schedule.
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CUT SHEETS - OTHER THAN THE CITY OF AUSTIN
The Engineer shall furnish two (2) copies of cut sheets to
the Contractor. The Contractor shall be responsible for
acquiring cut sheets at the office of the Engineer.
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ITEM 4 PROTECTION AND PRECAUTION
4.01 WORM IN FREEZING WEATHER
Portions of the work may continue as directed by the
1 Engineer.
4.02 PROTECTION OF TREES. PLANTS AND SHRUBS
The Contractor shall take necessary precautions to
L.. 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 BARRICADES
l.J Barricades shall be installed, in locations deemed
necessary by the Engineer, for the protection of life and
property. Under no circumstances will any existing road
be permitted to remain closed over a weekend.
4.04 PROPERTY LINES AND MONUMENTS
The Contractor shall be responsible for the protection,
reference and resetting of property corner monuments if
disturbed.
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4.05 DISPOSAL OF SURPLUS MATERIAL
The Contractor shall at his own expense, make arrangement
for the disposal of surplus material, such as rock, trees,
brush and other unwanted backfill materials.
4.06 CONTRACTOR'S USE OF PREMISES
The Contractor shall, at his own expense, provide
additional space as necessary for his operations and
storage of materials.
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ITEM 5 MATERIALS
5.01 TRADE NAMES
Except as specified otherwise, wherever in the
specifications an article or class of material is
designated by a trade name or by the name or catalog
number of any maker, patentee, manufacturer, or dealer,
such designations shall be taken as intending to mean and
specify the articles described or another equal thereto in
quality, finish, and serviceability for the purpose
intended, as may be determined and judged by the Engineer
in his sole discretion.
5.02 MATERIALS ;ND WORKMANSHIP
No material which has been used by the Contractor for any
temporary purpose whatever is to be incorporated in the
permanent structure without the written consent of the
Engineer. Where materials or equipment are specified by a
trade or brand name, it is not the intention of the owner
to discriminate against an equal product of another
manufacturer, but rather to set a definite standard of
quality for performance, and to establish an equal basis
for the evaluation of bids. Where the words "equivalent ",
"proper" or "equal to" are used, they shall be understood
to mean that the item referred to shall be "proper ", the
"equivalent" of, or "equal to" some other item, in the
opinion or judgement of the Engineer. Unless otherwise
specified, all materials shall be the best of their
respective kinds and shall be in all cases fully equal to
approved samples. Notwithstanding that the words "or
equal to" or other such expressions may be used in the
specifications in connection with a material, manufactured
article or process, the material, article or process
specifically designated shall be used, unless a substitute
is approved in writing by the Engineer, and the Engineer
will have the right to require the use of such
specifically designated material, article or process.
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II
II ITEM 6 DETENTION IMPROVEMENTS
I 6.01 TECHNICAL SPECIFICATIONS
The following items from the City of Austin Standard
Specifications for Public Works Construction are modified
II as shown below;
rtem No. 102 - Clearing And Grubbing
' 102.1 Description
11 The work covered by this item consists of removing and
disposing of all trees, stumps, brush, roots, shrubs,
vegetation, logs, rubbish and other objectionable material
where excavation or embankment is shown on the plans.
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102.2 Construction Methods
The areas as described above shall be cleared of all
trees, stumps, brush, etc., except those trees or shrubs
designated by the Engineer. Trees and shrubs designated
for preservation shall be carefully trimmed as directed by
the Engineer and shall be protected from scarring,
barking, or other injuries during construction
operations. Exposed ends of pruned limbs shall be treated
with an approved asphaltic material.
Areas required for embankment construction or excavation
shall be cleared and grubbed. On areas required for
embankment construction, all stumps, roots, etc., shall be
removed to a depth of at least one (1') foot below the
existing ground surface. All holes remaining after
clearing and grubbing shall be backfilled and tamped as
directed by the Engineer and the entire area bladed to
prevent ponding of water and to provide drainage, except
in areas to be immediately excavated the Engineer may
direct the holes not be backfilled.
All cleared and grubbed material shall be disposed of in a
manner satisfactory to the Engineer. Unless otherwise
provided, all materials as above described shall become
the property of the Contractor.
The Contractor may not be allowed to burn material, except
by permission of the Engineer.
102.3 Measurement
"Clearing and Grubbing ", will be measured by the acre.
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120.1 Description
The work covered by this item consists of excavation
within the limits shown on the plans, regardless of the
type of material encountered; removing and properly
' , utilizing or otherwise satisfactorily disposing of all
�' excavated materials, hauling, removal and replacement of
all fences encountered with like fencing; the
I constructing, shaping, and finishing of all earthwork
involved in conformity with the required line, grades, and
II cross sections and in accordance with the plans and
I specifications herein outlined.
I) 120.2 Classification
I All excavation will be unclassified, and shall include all
materials encountered regardless of their nature or the
I. manner in which they are removed.
1 1 120.4 Measurement
l' Accepted excavation will be measured by the volume of
I. excavation in cubic yards by the average- end - areas. Cross
sectional areas shall be computed from the existing ground
b e ctions to the established final section shown on the
' ' 5pl ans.s '
1 120.5 Payment
I This item will be paid for at the contract unit price bid
for "Excavation," per cubic yard as included in the
I. proposal, which price shall be full compensation for
I furnishing all materials, equipment, tools, labor, hauling
to designated areas, fencing, and incidentals necessary to
i complete the work.
' Item No. 132 - Embankment
1 132.1 Description
102.4 Payment
"Clearing and Grubbing ", shall be paid for at the unit
price bid per acre for "Clearing and Grubbing ", which
price shall be full compensation for all work herein
specified, including the furnishing of all materials,
equipment, tools, labor and incidentals necessary to
complete the work.
Item 120 - Excavation
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The work covered by this item consists of the placing and
compacting of suitable materials obtained from approved
sources for utilization in the construction of detention
improvements as shown on the plans.
132.2 Construction Methods
(1) General
Prior to placing any embankment, all "Clearing and
Grubbing" operations shall have been completed on the
areas over which the embankment is to be placed. Stump
holes or other small excavations in the limits of the
embankments shall be backfiiled with suitable material and
thoroughly tamped by approved methods before commencing
embankment construction. The surface of the ground,
including plowed loosened ground, or surface roughened by
small washes shall be restored to approximately its
original slope and the ground surface thus prepared shall
be compacted by sprinkling and rolling.
Unless otherwise indicated on plans, the surface of the
ground of all unpaved areas other than undisturbed rock
which are to receive embankment shall be loosened by
scarifying or plowing to a depth of not less than 4
inches. The loosened material shall be recompacted with
the new embankment as hereinafter specified.
Where indicated on plans or directed by the Engineer, the
surface of hillsides to receive embankment shall be
loosened by scarifying or plowing to a depth of not less
than 4 inches, or cut into steps before embankment is
raised. The material which has been loosened shall be
recompacted simultaneously with the embankment material
placed at the same elevation.
Trees, stumps, roots, vegetation, or other unsuitable
materials shall not be placed in any embankment.
Except as otherwise required by the plans, all embankment
shall be constructed in layers approximately parallel to
the finished grade shown on the plans.
Embankments shall be constructed to the finished grade
elevations as shown on the plans, it shall be continuously
maintained to its finished section and grade until final
acceptance.
(2) Embankments
Embankments shall be defined as those composed of material
other than rock, and shall be constructed of accepted
material from approved sources.
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Except as otherwise specified, embankments shall be
constructed in successive 8 -inch layers for the full width
of the individual cross section and in such length as are
best suited to the sprinkling and compaction methods
utilized.
Minor quantities of rock encountered in cohstructing
embankment shall be incorporated in the specified
embankment layers provided such placement of rock is not
immediately adjacent to structures.
Each layer of embankment shall be uniform as to material,
density and moisture content before beginning compaction.
Where layers of unlike materials abut each other, each
layer shall be featheredged for at least 100 feet or the
material shall be so mixed as to prevent abrupt changes in
the soil. No material placed in the embankment by dumping
in a pile or windrows shall be moved by blading or similar
methods. Clods or lumps of material shall be broken and
the embankment material mixed by blading, harrowing,
discing or similar methods to the end that a uniform
material of uniform density is secured in each layer.
Water required for sprinkling to bring the material to the
moisture content necessary for maximum compaction shall be
evenly applied and it shall be the responsibility of the
Contractor to secure a uniform moisture content throughout
the layer by such methods as may be necessary.
Compaction of embankments shall be obtained by the
"Density Control" method. Each layer shall be compacted
to the required density by any method, type, and size of
equipment which will give the required compaction. Prior
to and in conjunction with the rolling operation, each
layer shall be brought to the moisture content necessary
to obtain the required density and shall be kept leveled
with suitable equipment to insure uniform compaction over
the entire layer.
For each layer of embankment and select material, it is
the intent of this specification to provide the density as
required herein, unless otherwise shown on the plans.
Soils shall be sprinkled as required and compacted to the
extent necessary to provide not less than 95 percent of
the density as determined in accordance with THD Test
Method Tex - 113 -E.
After each layer of embankment or select material is
complete, tests as necessary will be made by the
Engineer. If the material fails to meet the density
specified, the course shall be reworked as necessary to
obtain the specified compaction. The testing company will
be chosen by the Engineer.
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132.3 Measurement
All accepted embankment will be measured in place and the
volume computed in cubic yards by the method of
average -end areas. No allowance will be made for
shrinkage,.
132.4 Payment
Embankment will be paid for at the contract unit price bid
for "Embankment," which price shall be full compensation
for all work herein specified, including the furnishing of
all materials, equipment, tools, labor, testing, and
incidentals necessary to complete the work.
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601.1 Description
"Salvaging and Placing Topsoil" shall consist of salvaging
topsoil and placing on all embankment areas and as
directed by the Engineer, to a depth of 6 inches or as
directed by the Engineer.
601.2 Construction Methods
The_existing_topsoil, shall betaken -from within-the-limits _ofv construction and_stockpiled in- des -ignated- locations-or_
`spread _over an _area _that. -is ready: -for - topsoil application
tin accordance with ,_the plans_and_as- directed- by�,,,_the
Engineer...,
Trash,. wood,-_ brush - _-stumps _ and--- other ;_ objectionable
mater -ials enco_untered-, shall - be 7 removed- and- disposed7of as
dire-ct_ed _ by the ,Engineer_ fo --
r - -to beginnning— ofwork
4 this : item=- in'_accordanceL `Item 102.
The spreading of the salvaged topsoil shall be undertake,
as soon as the grading has been completed or at such time
as directed by the Engineer. The topsoil shall be spread,
as directed by the Engineer, so as to form a cover of
uniform thickness. After the topsoil has been placed and
shaped, it shall be sprinkled and /or rolled as directed by
the Engineer.
Nc 601.3 Measurement and Payment
Salvaging and placing topsoil will not be measured for
payment, but shall be subsidiary to Item 604, "Seeding for
Erosion Control ".
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TtPm 604 - Seeding for Erosion Control
604.1 Description
"Seeding for Erosion Control" shall consist of preparing
ground, providing for sowing of seeds, hydromulching and
other management practices along and across all embankment
areas or as designated by the Engineer and in accordance
with these specifications.
604.2 Materials
All seed must meet the requirements of the Texas Seed Law
including the labeling requirements for showing purity,
germination, name and type of seed. Seed furnished shall
be of the previous season's crop and the date of analysis
shown on each bag shall be within nine months of the time
of delivery to the project. Each variety of seed shall be
furnished and delivered in separate bags or containers. A
sample of each variety of seed shall be furnished for
analysis and testing when directed by the Engineer. The
amount and type of seed planted shall be as follows: from
March 2 to September 14, seeding shall be with hulled
Bermuda grass (Cynoden Dactolyn) at the rate of 1 pound
per 1,000 square feet with purity of 95% with 85%
germination. From September 15 to March 1, seeding shall
be with a combination of 1 pound per 1,000 square feet of
unhulled Bermuda and 3 pounds per 1,000 square feet of
Winter Rye with a purity of 95% with 90% germination.
Fertilizer shall have an analysis of 20:20:20 and shall be
applied at the rate of 200 pounds per acre. Seeding shall
be watered until uniform growth is 'established. Mulch
type to be Pulp applied at a rate of 1,500 pounds per
acre. Seeding shall be acceptable when the grass has
grown at least 1" high with 85% coverage and no bare spots
larger than 10 square feet exist.
604.9 Measurement
Work and acceptable._ material _for "Seeding_for_Erosion
Control _w.ill be measured by complete inn place
604.10 Payment
The work performed and materials furnished and measured as
provided under "Measurement" will for at the unit
price bidfor_°Seeding for - Erosion- Control which price
Cshall be _ fuij compensation for furnishing all materials,
Tincluding 611 water, fertilizer,_ seed,_hydromulching and
[.for performing,-all operations necessary to complete the
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ppo4l (Earth and Rock)
All spoil site locations will be utilized only after all
fill needed for embankment has been put in place. Spoil
sites will be used for acceptable earth and rock only.
All trees, stumps, vegetation or other unsuitable
materials as determined by the Engineer will become the
property of the Contractor and disposed of at his sole
expense. Stockpiling or placement of loose cover in the
spoil sites will be determined in the field by the
Engineer during construction. cthere- ..will be no - extra pay
for spoil hauling, handling or spreading. This item will
< be considered subsidiary to item 120, "Excavation1.
primary Spillway Modifications
Description
The work covered by this item consists of furnishing all
materials, labor, equipment, and appurtenances related to
the modifications to the primary spillway as shown on the
plans. These modifications include cutting two ports,
installing two inlet baffles over the new ports, and
installing two steel covers over the existing inlet ports.
Construction Method
The installation of the two new ports in the side of the
existing concrete primary spillway will be done by means
of a saw cut not to exceed the size of the port as shown
in the plans. Edges will be grouted to provide a smooth
uniform surface. All steel re -bar encountered during the
saw cut will be cut smooth by means of a cutting torch and
will be sealed with an epoxy coating. The installation of
two inlet baffles and the installation of the two steel
covers will be as shown on the plans. The inlet baffles
will be fabricated as one complete unit, consisting of a
mount flange, scum protection box and steel grating as
shown on the plans. All fabricated steel shall be ASTM
A -36, minimum 3/16" thickness. The inlet baffles shall be
fabricated from steel plate with trim angle flange as
needed. The entire inlet baffles and the entire steel
covers will be hot dipped galvanized after fabrication per
ASTM A -36.
Payment
This item will be paid for at the lump sum bid for
"Primary Spillway Modifications ", which will be full
compensation for furnishing all materials, labor,
equipment, tools, fabrication, and appurtenances necessary
to complete the work.
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WHEREAS, the City has duly advertised for bids for improvements for
the SCS 14 regional detention project; and
WHEREAS, Caliber Construction Company submitted the lowest and best
bid; and
WHEREAS, the Council wishes to accept the bid of Caliber Construction
Company , and to authorize the contract for the improvements for the SCS
14 regional detention project; Now Therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS
That the bid of Caliber Construction Company is hereby accepted as
the lowest and best bid, and the Mayor is authorized and directed to enter
into an agreement with Caliber Construction Company for the necessary
improvements to the SCS 14 regional detention project.
RESOLVED this 23rd day of January, 1986.
ATTEST:
City Secretary
RESOLUTION NO. 1/3R
MIKE ROBINSON, Mayor
City of Round Rock, Texas
PROJECT: S.C.S. LAKE Nt). 14
DESCRIPTION: REGIOWk DETENTION IMPROVEMENTS
OWNER: CITY OF 0011ND ROCK
JOB No: 880 -564
FILE 80: 880564 -1
BID DATE: NOVEMBER 15, 1985 @ 10:00 A.M.
PROJECT LOCATION: NORTHEAST ROUND ROCK
ITEM
REGIONAL DETENTION IMPROVEMENTS
BID TABULATION
IOLMOS CONSTRUCTION COMPANYIBOULDER CONSTRUCTION, INC. 1 P.A. STARK CONSTRUCTION
I UNIT 1
UNIT OUANT. 1 PRICE 1 COST
1. CLEARING AND GRUBBING AC. 225.7 $200. $45,140.00 1800.00 $180,560.00 $100.00 $22,570.00
2. EXCAVATION (REPLACE FENCING) C.Y. 684,188 $2.65 $1,813,098.20 $1.75 $1,197,329.00 $3.37 42,305,713.56
3. EMBANKMENT (COST OF TESTING/ C.Y. 534,188 4.01 45,341.88 4.75 $400,641.'% $1.00 $534,188.00
4. PRIMARY SPILLWAY MODIFICATIONS L.S. 1 43,000.00 43,000.00 435,000.00 435,000.00 $3,208. 43,200.00
5. SEEDING FOR EROSION CONTROL AC. 225.7 41,300.00 $293,410.00 41,300.00 $293,410.00 44'•x.80 490,280.00
UNIT I
PRICE 1 COST
UNIT I
PRICE I COST
P116E 1 OF 2
TOTAL REGIONAL DETENTION IMPROVEMENTS 42,159,990.08 42,106,940.00 42,955,951.56
PROJECT: S.C.S. LAKE NO. 14
DESCRIPTION: REGIONAL DETENTION IMPROVEMENTS
OWNER: CITY OF ROM ROCK
JOB Na: 880 -564
FILE N0: 880564-2
BID DATE: NOVEMBER 15, 1985 @ 10:00 R.M.
PROJECT LOCATION: NORTHEAST ROUND ROCK
ITEM
REGIONAL DETENTION IMPROVEMENTS
BID TABULATION
PAGE 2 OF 2
1 H.B. ZACHRY COMPANY (CALIBER CONSTRUCTION, INC. 1 J.C. EVANS CONSTRUCTION
1
I UNIT I UNIT 1 1 UNIT I
UNIT OUANT. I PRICE I COST PRICE I COST I PRICE 1 COST
1. CLEARING AND 68888108 AC. 225.7 $106.00 641,980.20 8400.00 690,280.00 8750.00 6169,275.00
2. EXCAVATION (REPLACE FENCING) C.Y. 684,188 81.70 61,163,119.60 61.25 6855,235.00 81.65 81,128,910.20
3. EMBANKMENT MOST OF TESTING) C.Y. 534,188 0.65 0347,222.20 6.85 4454,059.80 4.80 4427,350.40
4. PRIMARY SPILLWAY MODIFICATIONS L.S. 1 07,000. 07,000.00 03,500.00 43,500.00 82,500.00 42,500.00
5. SEEDING FOR EROSION CONTROL AC. 225.7 0700.00 0157,990.00 0425.00 095,922.50 42,530.00 0571,021.00
TOTAL REGIONAL DETENTION IMPROVEMENTS 81,717,312.00 01,498,997.30 42,299,056.60
4.57-5," Y97.
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/;733 0'7'7.03
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DATE:
SUBJECT:
ITEM:
January 21, 1986
Council Agenda, January 23, 1986
11C - Consider bids and a resolution authorizing the Mayor to enter
into a contract for the SCS 14 Regional Dentention Project.
On November 15, 1985, six bids were received for this project. Caliber
Construction Company provided the lowest and best bid on this project.
The N.E. Area development community has provided $1,016,415 for this project
and the balance will be paid from regional detention funds.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
AGREEMENT
THIS AGREEMENT, made and entered into this 18th day of February, A.D.,
1986, by and between the City of Round Rock of the County of Williamson,
and the State of Texas, acting through Mike Robinson, Mayor of Round Rock
thereunto duly authorized so to do, Party of the First Part, hereinafter
termed OWNER, and Caliber Construction, Inc., of the City of Conroe,
County of Montgomery, and State of Texas, Party of the Second Part,
hereinafter termed CONTRACTOR.
WITNESSETH: That for in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the Party of the First
Part (OWNER), and under the conditions expressed in the bond bearing even
date herewith, the Party of the Second Part (CONTRACTOR), hereby agrees
with the said Party of the First Part (OWNER) to commence and complete the
construction of certain improvements described as follows: •
"S.C.S. Lake No. 14 - Regional Detention Improvements"
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, General Conditions of
Agreement, Special Conditions, Technical Specifications, Plans and other
drawing and printed or written explanatory matter thereof, and the
Specifications and addenda therefor, as prepared by HAYNIE KALLMAN & GRAY,
INC., 12212 -8 Technology Boulevard, Austin, Texas 78727, 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 seven (7) calendar
Pace 1 of 2
days after the date written notice to do so shall have been given to
him, and to complete the same within 240 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.
IN WITNESS WHEREOF, the parties to these presents have executed this
Agreement in the year and day first above written.
City of Round Rock
Party of the First Part
(OWNER)
Mike Robinson, Mayor
ATTEST:
Corporate Seal
Page 2 of 2
Caliber Construction, Inc.
Party of the Second Part
(CONTRACTOR)
BY:
ATTEST:
ames H. Ward, P esident
(The - •llowi g /' b= executed if the Contractor is a Corporation.)
I, , certify tha I am t1}� pegretary
of the Corpor�:tion named -s Contractor herein; that ,..Jiv.J TA./44 U ,
who s ned his Contract on behalf of the Contracto i was then
,,, (officia 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 with the scope of its corporate powers.
The undersigned! as bidder, declares that the only person or. parties
interested in this proposal as principals are those named herein, that
this proposal is made without collusion with any other person, firm or
corporation; th he has carefully examined the form of contract, Notice
to Contractors inviting bids, conditions and classes of materials of the
proposed work; agrees that he will provide all the necessary supervision,
labor, machinery equipment, tools, apparatus, and other items incidental
to construction; will do all the work and furnish all the materials called
for in the Contract Documents, Plans and Specifications in the manner
prescribed therein and'according to the requirements of the Engineer as
therein set fort: -
It is understood that the following quantities of work to be done at unit
prices are apt_= simate only, and are intended principally to serve as a
guide in evaluating bids.
It is further agreed chat the quantities of work to be done at unit prices
and materials c_ be furnished may be increased or diminished as may be
considered necessary, in the opinion of the Engineer, to complete the work
fully as planned and contemplated, and that all quantities of work,
whether increased or decreased are to be performed at the unit prices set
forth below escort as provided for in the Specifications.
It is further agreed that lump sum prices may be increased to cover
additional work ordered by the Engineer; but not shown on the plans or
required by the Specifications, in accordance with the provisions of the
General Cond;t_zrs. Similarly, they may be decreased to cove_ deletion of
work so ordered.
It is unde and agreed that the work is to be completed within the
time herein stared.
The undersigned bidder agrees to commence work within seven (7) calendar
days after wrirren Notice to Proceed has been given.
PROPOSAL
TO
CITY OF ROUND ROCK
FOR THE CONSTRUCTION OF
S.C.S. LAKE NO. 14 - REGIONA.L DETENTION IMPROVEMENTS
Page 1 of 5
ACXNOWTFDAEME`= OF PAYMENT ITEMS
The undersigned acknowledges that the foregoing bid items are the only
items of payment under this contract and that his bid price under these
items reflects the complete charges for furnishing all labor, material,
and equipment to complete the project as outlined in the Plans,
Specifications, and the Contract Documents.
ENOWr,EDGE OF LCC? CONDTTTONS AND CONTRACT DOCUMENTS
The, undersigned warrants that he has examined the location of the
proposed work, the plan drawings, specifications, and all other parts
of the Contract Documents, and is familiar with the local conditions at
the place where the work is to be performed.
CONTRACT TIME,
If awarded the Contract, the undersigned agrees to complete the work in
240 calendar days-
OWNER'S R_TGWC5 RE SERVED
The undersigned understands and agrees that the Owner reserves the
right to reject nay or all Proposals or to waive any informalities of
technicalities in any proposal in the interest of the Owner, except as
specifically limited by the terms of the Contract Documents or
applicable Laws or Governmental Recu?ations.
ADDENDA
The undersigned acknowledges receipt of the following addenda;
Addendum No. Dated
Page 2 of 5
SUBMISSION OF TES PROPOSAI.
In accordance with the Contract Documents, the above Proposal is hereby
respectfully'submitted by:
Caliber Const Inc.
Name of.Contrac =
Executed by (Name)
2040 Loop 336, Suite 125
Business Address
Canroe
City
Texas
State
Page 3 of 5
// /11/
Date
Title or Position
(713) 353 -2311
Telephone Number
77304
zip
1
PROPOSAL BIDDING SHEET
CONTRACT: Regional Detention Improvements
JOB NAME: S.C.S. Lake No. 14
JOB LOCATION: Round Rock, Texas
OWNER: City of Round Rock
Gentlemen:
Pursuant to the foregoing Advertisement for Bids and Instruction to
Bidders, the undersigned bidder hereby proposes to do all the work, to
furnish all necessary supervision, labor, machinery, equipment, tools,
materials, insurance and miscellaneous items, to complete all the work bid
as provided by tse attached supplemental specifications, and as shown on
the plans for the construction of S.C.S. Lake No. 14 - Regional Detention
Improvements and binds himself of acceptance of'this proposal to execute a
contract and bonds for completing said project within the time stated for
the following = ices, to wit:
Bid Item Description Unit
Item }.+ ++t and Written Unit Price Price
P_C. Clea_ina and Grubbira,
complete in place per acre
for Four Hurd '-ed Dollars
and
Page 4 of 5
Amount
No Cents $ 400.00 $ 90,280.00
C - I - Excavatior (unclassified, in-
cludes realac fencinal, com-
plete in place per cubic vard
for One Dollar
and Twenty - ?ive Cents $ 1.25 $255,235.00
Bid
Stem Shit° -
Item Description Unit
Unit and Written Unit Price Price Amount
116.1.O CI
testincl, complete in place
per cubic yard
for Zero Dollars
and Eighty —Five Cents $ 0.85 $454.059.80
_1_ L.S. Primary Spillway Modifica—
tions. complete in place per
1121 sum
for Thirty —Five
Hundred Dollars
and
Seedi - ic for Erosion Control.
Page 5 of 5
No Cents $3,500.00 $ 3,500.00
complete in place per acre
for Four Hurdre
Twenty —Flue Dollars
and No Cents $ 425.00 $ 95,922.50
for Dollars
and 'Cents $ $
TOTAL RECZONAr,DETENTION IMPROVEMENTS $1,498,997.30
4
THE STATE OF TEXAS S
•
Harris
COUNTY OF 5
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT Caliber Construction, Inc.
of the City of Conroe
County of , and State of TeXHB as
principal, a, d Fairmont Insurance Carrpany
the laws of the State of Texas to act as surety on bonds for principals,
are held and firmly bound unto City of Fund Rock
(OWNER) , in the penal sum of One Million Four
Hundred Fifty Eight Thousand FiveHundredFifty Eiot =5ars $21100 = _1,458,558.20 - -)
for the payment whereof, 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 i ( day of e-/3./24/A,2- , 1986 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.
PH -1
authorized under
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATIONS SUCH, that if the
said Principal shall faithfully perform said Contract and shall in all
respects duly and faithfully observe andiperform all and singular the
covenants, conditions and agreements in and by said Contract agreed and
covenanted by the Principal to be observed and performed, and according
to the true intent and meaning of said Contract and. the Plans and
Specifications thereto annexed, then this obligation shall be void;
otherwise to :amain in full force and effect;
PROVIDED, HOWEVER, that this bind is executed pursuant to the
provisions of Article 5160 of the Revised Civil Statutes of Texas as
amended and all liabilities on this bond shall be determined in
accordance with the provisions of the said Article to the same extent
as if it were copied at length herein.
Surety, for value received, stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract,
or to the work performed thereunder, or the plans, specifications or
drawings accompanying the same, shall in 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 • .) ( day of • - F&A:ucey , 1986.
Address 2040 Loop 336, Suite 125
Conroe, Texas 77304
PS - 2
Faint Insurance Company
Surety
Bv
Title Attorney -in -Fact
Address 1000 Cashco Tower
Eight Greenway Plaza
Houston, Texas 77046
The name and address of the Resident P_gent of Surety is: B. Hall
& Co., 1000 Cashco Tower, Eight Greenway Plaza Houston Taxac 77046
FAIRMONT INSURANCE COMPANY
Burbank, California
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That FAIRMONT INSURANCE COMPANY, a California Corporation, does hereby make, constitute and
appoint ROY E. SI?21ONS-------
----------- ---- --OF HOUSTON, TEXAS - - - - -- j
as its true lawful Anorney(s) -in -Fact, with full power and authority, for and on behalf of the Company as surety, to execute
and deliver and affix the seal of the Company thereto. if a seal is required, bonds, undertakings, recognizances, consents of
surety or other written obligations in the nature therof, as follows:
Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature
thereof,
•
and to bind FAIRMONT INSURANCE COMPANY thereby, and all of the acts of said Attomey(s) -in -Fact,
pursuant to these presents, are hereby ratified and confirmed. .
This appointment is made under and by authority of the following Bylaws of the Company, which Bylaws
are now irLfnll force and effect: .
ARTICLE N, Section 13 ATTORNEYS•IN -FACT AND AGENTS. The chairman of the board, the president. the vice
president. the chief financial othcer. or the secretary of the corporation may appoint attomevs•indact of agents with power
and authonty. as defined or limned in their respective powers of attorney. for and on behalf of the corporation to execute
and deliver. and affix the seal of the Corporation thereto. bonds. undertakings. recognaances. consents of surety or
other wntten obligations in the nature thereof and any of said oficen may remove any such attorney-in-fact or agent
and revoke the power and authonty given to him or her.
ARTICLE IV. Section 14. AUTHORITY TO BIND. Any bond. undertaking, recognizance. consent of surety or written
obligation in the nature thereot snag be vana and binding upon the corporation when signed by the chairman of the •
board, the president. the vice president, the chief financial officer. or the secretary of the corporation and duly attested
- . - and sealed, 1 a seal is required. by the secretary• or assistant secretary, or shall be valid and binding upon the corpotanon
' when duly executed and sealed, if a seal is required, by a duly authorized attomeyut•fact or agent, pursuant to and
within the limits of the authonty granted by !us or her power of attorney.
This power of attorney is signed and sealed by facsimile under and by the authority of the following Reso
tion adopted by the Board of Directors of FAIRMONT INSURANCE COMPANY at a meeting duly calved -
and held on the Ord day of October, 1983:
•
RESOLVED that the signature of any officer authorized by the Bylaws, and the seal of the corporation, may be affixed
by facsimile to any power of attorney or special power of attorney or certf cation of either given for the execunon of
any bond, undertaking, recognizance consent of surety or other wntten obligation in the nature thereof; such signature
and seal, when so used. being hereby adopted by the corporation as the ongmal signature of such officer and the ongtnal
seal of the corporation, to be valid and binding upon the corporation with the same force and effect as though manually
affixed.
IN WITNESS WHEREOF, FAIRMONT INSURANCE COMPANY has caused these presents to be signed
by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March of 3.985
rnn,.e,n a Sw
SP43 (3 /RS)
Ai" s n +ati
ft/ o lO�,ps
APR.10
1970 i �'
- ,
• s C ...... ...' p ` f - 'l
� `•a CALIf
— .w.tatisit
FAIRMONT INSURANCE COMPANY
By
Signature Henry F.
•
Wright, ViF- President
State of California
ss.
County of Los Angeles
Henry F. Wright personally known to me, was by me duly sworn, and did depose and say: that
he/she resides in the State of California; that he/she is the duly elected vice President of
FAIRMONT INSURANCE COMPANY, the corporation described in and which executed the above instru-
ment; that he /she knows the seal of said corporation; that the seal affixed to said instrument is such cor-
porate seal; that it was so affixed by authority of his /her office under the Bylaws of said corporation, and
that he /she signed his /her name thereto by like authority.
Subscribed and sworn to me this 22nd day of March , 1985
I Tr A. TsuiirrotA the Assistant Secretary of FAIRMONT
INSURANCE COMPANY, certify that the foregoing power of attorney and the above quoted Sections 13.
• and 14. of Article IV of the Bylaws have.not been abridged or revoked and are now in full force and effect.
OFFICIAL SEAL
HARRIET LAMBELL
NOTARY PUCLPC CALIFOIMIA
PRINCIPAL OrrICE IN
LCS ANGELES COUNTY
NY ranumssoi Ern Apr.27, 19es
Signed and Sealed at Burbank. California, this day of
,.
SVRA
1 3 ,■,•-•—•...e*
r • t
� ,- APR. 10 ' =_
1A 1570 � 3
*aw CALIF.:,
'w•wmNUN°.
CERTIFICATION .
Su3 ety Manager
O.,t' r7f /iY�.�,cOJ�
Notary Public in and
for said County and State.
Date of Origin:
, 19 .
August 9, 1995
PAYMENT BOND
THE STATE OF TEXAS
COUNTY OF Harris
Caliber
KNOW ALL MEN BY THESE PRESENTS, THAT Construction, Inc.
the City of Co Oe , County of tgOI' , and State of Texas
as principal, and Farimont Insurance Canpany authorized under the laws of
the State of Texas to act as surety on bands for principals, are held and
firstly bound onto
City of Round Rock
(OWNER), in the penal sum of
One Million Fo>ur red Fift� Eight Thousand, 1,458,558.20-)
5
Fi,m HU1ldre F]f nh+ lY,n ars F zn lnn— ollars (5 for the
payment whereof, the said Principal and Surety bind themselves and their
heirs, administrators, executors, successors and assigns, jointly and
severally, by these presents:
WEEREAS, the Principal has entered into a certain written contract with
the Owner, dated the it day of 17E/if2e444q , 1986, 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.
NOW, ' THEREFORE , THE CONDITION OF THIS OBLIGATION IS SUCH, that if 'the
said Principal shall pay all claimants supplying labor and material to
him or a subcontractor in the prosecution of work provided for in said
contract, then, this obligation shall be void; otherwise to remain in
full force and effect;
PS -3
Provided, hcvever, that this bond is executed pursuant to the
provisions of Article 5160 of the Revised Civil Statutes of Texas as
amended• and all liabilities on this bond shall be determined in
accordance with the provisions of said Article to the same extent 'as if
it were cooies at length herein.
Surety, for value received, stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract,
or to the we :( performed thereunder, or the plans, specifications or
drawings acct= _anying the same, shall in anyway affect its obligation
on this bond, azd 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 w"EEREOF, the said Principal and rty have signed and
sealed this instrument this 1 day of 2iriLLy , 1986.
Caliber Construction, Inc.
Princip
P_ddress2040 Loop 336, Suite 125
Conroe, Texas 77304
PE-4
Fairmont Insurance Company
Surety
e s.
Title Attorney -in -Fact
Address 1000 Cashco Tower' `
_
Eight Greenwav Plaza ` "
Houston, Texas 77046
The name and address of the Resident Agent of Surety is:
Frank B. Hall & Co., 1000 Cashco Tower, Eight Greenway Plaza, Houston, TX 77046
State of California
County of Los Angeles)
Henry F. Wright personally known to me. was by me duly sworn, and did depose and say: that
he/she resides in the State of California; that he/she is the duly elected vice Presiden of
FAIRMONT INSURANCE COMPANY, the corporation described in and which executed the above instru-
ment; that he /she knows the seal of said corporation; that the seal affixed to said instrument is such cor-
porate seal; that it was so affixed by authority of his /her office under the Bylaws of said corporation, and
that he /she signed his /her name theretz by like authority.
Subscribed and sworn to me this 22nd day of
OIPICIAL SEAL
HARRIET LAMBELL
NOTART PUBLIC CALIFORNIA
PRINCIPAL ODUICL IN
LCSANGELESCOUNTY
MY Coinmlwon ELrret er.27, 191$
•
•
CERTIFICATION .
I, Ti-• A. Tsujlrmto the Assistant Secretary of FAIRMONT
INSURANCE COMPANY, certify that the foregoing power of attorney and the above quoted Sections 13.
• and 14. of Article IV of the Bylaws have not been abridged or revoked and are now in full force and effect.
Signed and Sealed at Burbank. California, this
,wPwUl
y SUR�ty,
gi APR.10 t 41
� '\ 197O
*It ixt-1F •
�R+MIRIIIM
Originated
Surety Manager
March
r st;2 - ref /rrJv ��
Notary Public in and
for said County and State.
day of
•• • 1,
, 1985
,19
Date of Origin: August 9 , 19 8 5
KNOW ALL MEN BY THESE PRESENTS:
FAIRMONT INSURANCE COMPANY
Burbank. California
POWER OF ATTORNEY
That FAIRMONT INSURANCE COMPANY. a California Corporation, does hereby make, constitute and
appoint ROY E. SIMMONS-- -----
- ------- - - - - -- - - --OF HOUSTON, TEXAS - - - -- —
as its true lawful Attorney(s)- in-Fact, with full power and authority, for and on behalf of the Company as surety, to execute
and deliver and affix the seal of the Company thereto. if a seal is required, bonds, undertakings, recognizances, consents of
surety or other written obligations in the nature therof, as follows:
Any and all bonds, undertakings, ecognizances, consents of surety or other written obligations in the nature
thereof,
•
and to bind FAIRMONT INSURANCE COMPANY thereby, and all of the acts of said Attorneys) -in -Fad,
pursuant to these presents, are hereby ratified and confirmed. •
This appointment is made under and by authority of the following Bylaws of the Company, which Bylaws
are now inlfell force and effect:
ARTICLE IV. Section 13 ATTORNEYS -IN -FAR AND AGENTS. The chairman of the board, the president the vice
president, the chit financial othcer. or the secretary of the corporation may appoint attomevs- ut•fact or agents with power
and authority. as defined or limited in their respective powers of attorney, for and on behalf of the corporation to execute
and deliver. and affix the seal of the Corporation thereto, bonds. undertakings, recognuances, consents of surery or
other wntten obligations in the nature thereof and any of said officers may remove any such attorney-in-fact or agent
and revoke the power and authonty given to him or her.
ARTICLE IV. Section 14. AUTHORITY TO BIND. Any bond. undertaking. recognizance, consent of surety or written
obligation in the nature therett snarl be vans and binding upon the corporation when signed by the chairman of the
board. the president. the vice president. the chief financial officer. or the secretary of the corporation and duly anested
- - . - and sealed. if a seal is required. by the secretary or assistant secretary, or shall be valid and binding upon the corporation
when duly executed and sealed, d a seal is required, by a duly authonzed anomey - in - fact or agent, pursuant to and
within the limits of the authority granted by hit or her power of attorney. !
This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolur
lion adopted by the Board of Directors of FAIRMONT INSURANCE COMPANY at a meeting duly called •,.
and held on the Ord day of October, 1983: • ` • _
•
RESOLVED that the signature of any officer authorized by the Bylaws, and the seal of the corporation, may be aftiszd ..t
by farsimde to any power of attorney or special power of attorney or ceridication of either given for the execution of
any bond, undertaking, recognizance consent of surety or other wntten obligation in the nature thereof: suds signature
and seal. when so used, being hereby adopted by the corporation as the anginal signature of such officer and the original -
seal of the corporation, to be valid and binding upon the corporation with the same force and effect as though manually
affixed.
IN WITNESS WHEREOF, FAIRMONT INSURANCE COMPANY has caused these presents to be signed
by its proper officer and its corporate seal to be hereunto affixed this 22nd day of Hatch of 1985
Ihtnta a URA
CDA1 (t /AC1
�,„attwaar
'� SSVR91 r
! a ; APA.10 2
6-, 1970 ; r= a t i.
n ' ••v C AL1p sii,. 4.
FAIRMONT INSURANCE COMPANY
By
5ige.aiure Henry F. Wright, ViF- President
A
Y
THE STATE OF TEXAS
5
COUNTY OF Harris s
piATNTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that we
Bond No.
Caliber Construction, Inc.
as Principal, and Faimmnt Insurance CQnpany
a Corporation organized under the laws of the State of California
as Surety, are held and firmly bound unto City of Round Rock
as Obligee, in the penal sum of One Million Four Hundred Fifty Eight Thousand Five
Hundred Fifty Eight Dollars & 20/100 {51,458,558.20 -t
to which payment will and truly to be made we do bind ourselves, our and
each of our heirs, executors, administrators, successors and assigns
jointly and severally, firmly by these presents.
WHEREAS, the said Principal has constructed S.C.S. Lake No. 14 - Regional
Detention Improvements
WHEREAS, said Obligee requires that the Principal furnish a bond
conditioned to guarantee for the period of one year after approval
by against all defects in workmanship and
materials which may become apparent during said period;
MB -1
Y,
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if the
Principal shall indemnify the Obligee for all loss that the Obligee may
sustain by
reason of any defective materials or workmanship which become
apparent during the period of one year from and after date of acceptance
by the owns =, then this obligation shall be void, otherwise to remain in
full force and effect.
IN WITNESS w'SERSOF, the said Principal and Surety have signed and sealed
this instrument this day of L1{ltst�L}� , 1986.
Title
Caliher Construction, Inc. Fairmont Insurance Canpany
Princioa Surety
Conroe, Texas 77304
37
Title Attorney -in -Fact z ,
Address 2040 Loop 336, Suite 125 Address limn raah,q To, o
The name and address of the Resident Agent of Surety is:
Frank B. Hall & Co.,2000 Cashco Tower, Eight Greenway Plaza,Houstori,TX 77046
MB -2
Eight Greenway P1a7a
•
Houston, Texas 77046
KNOW ALL MEN BY THESE PRESENTS
FAIRMONT INSURANCE COMPANY
Burbank, California
POWER OF ATTORNEY
That FAIRMONT INSURANCE COMPANY, a California Corporation, does hereby make, constitute and
appoint — ROY E. SIN IONS----- - - - - --
_------------------ - -OF HOUSTON, TEXAS -- - - -- — —
as its true lawful An orney(s) -in -Fact, with full power and authority, for and on behalf of the Company as surety. to execute
and deliver and affix the seal of the Company thereto, if a seal is required. bonds, undertakings, recognizances, consents of
surety or other written obligations in the nature therof, as follows:
Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature
thereof,
and to bind FAIRMONT INSURANCE COMPANY thereby, and all of the acts of said Attorney(s)-in-Fact,
pursuant to these presents, are hereby ratified and confirmed. . This appointment is made under and by authority of the following Bylaws of the Company, which Bylaws
are now irLfnll force and effect: ,
ARTICLE IV, Section 13 ATTORNEYS -IN -FACT AND AGENTS. The chairman of the board, the president, the vice
president, the cruel tinancul othcer. or the secretary of Inc corporation may appoint attomevs -in -fact or agents with power
and authority. as defined or limited in their respective powers of attorney. for and on behalf of the corporahan to execute
and deliver. and affix the seal of the Corporation thereto. bonds. undertakings, recognizances, consents of surety or
other written obligations in the nature thereat and any of said oficers rosy remove any such attorney - in - fact or agent
and revoke the power and authority given to him or her.
ARTICLE IV. Section 14. AUTHORITY TO BIND. Any bond. undertaking. recognizance. consent of surety or written
obligation in the nature thereat snau be Yana and binding upon the corporation when signed by the chairman of the
board. the president, the vice president, the chief financial officer, or the secretary of the corporation and duly artmed
and sealed. if a seal is required, by the secretary or assistant secretary, or shall be valid and binding upon the corporation
when duly executed and sealed, d a seal is required. by a duly authorized anomey -in- fact or agent, pursuant to and
within the limits of the authority granted by his or her power of attorney.
This power of attorney is signed and sealed by facsimile under and by the authority of the following Resdlu=
lion adopted by the Board of Directors of FAIRMONT INSURANCE COMPANY at a meeting duly called
and held on the Ord day of October, 1983:
RESOLVED that the signature of any officer authorized by the Bylaws, and the seal of the corporation, may be affixed
by facsimile to any power of attorney or special power of attorney or centfication of either given for the esecunon of
any bond, undertaking, recognizance consent of surety or other wntten obligation in the nature thereof: such signature
and seal. when so used, being hereby adopted by the corporation as the ongenal signature of such officer and the onginal
seal of the corporation. to be valid and binding upon the corporation with the same force and effect as though manually
affixed.
IN WITNESS WHEREOF, FAIRMONT INSURANCE COMPANY has caused these presents to be signed
by its proper officer and its corporate seal to be hereunto affixed this 22nd day of march of 1985
f of o CO � ' 4 s
O
a APR. 10 �+ r
o,, 1970 e i; •
4. C
i O �. :
-nuts„ c,... ,
retard .a S A
SPA3 f3 /lS1
FAIRMONT INSURANCE COMPANY
By
Signature
Henry F.
Wright, Vi F- President
State of California
County of Los Angeles
PC.
Henry F. Wright personally known to me, was by me duly sworn, and did depose and say: that
he /she resides in the State of California; that he/she is the duly elected vice President of
FAIRMONT INSURANCE COMPANY, the corporation described in and which executed the above instru-
ment; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such cor-
porate seal; that it was so affixed by authority of his /her office under the Bylaws of said corporation, and
that he /she signed his /her name thereto by like authority.
Subscribed and sworn to me this 22nd day of March
DF r VAL scAL
HARRIET LAM BELL
NOTARY PUBLIC ∎CALIFORNIA
PBINOIPAL WIC( IM
LOS ANGELES COUNTY
MY Ca/nmiswn Elms APT. 27,
1 Tn)de A. Tsuj imzto
Signed and Sealed at Burbank. California, this day of
�Nwnrr
P e/1'4°444VA APR. 10 4
i A - 1970 j
Notary Public in and
for said County and State.
CERTIFICATION .
the Assistant Secretary of FAIRMONT
INSURANCE COMPANY, certify that the foregoing power of attorney and the above quoted Sections 13.
• and 14. of Article IV of the Bylaws have not been abridged or revoked and are now in full force and effect.
, 1985
originated by: g Date of fhigin: August 9, 1995
fitly Manager
,19
To:
Owner's
Protective
City of Round Rock
Round Rock, Texas
CERTIFICATE OF INSURANCE
Date: • 2 -10 -86
Description of Work: S.C.S. Lake No. 14
Regionals Detention Improvements
THIS IS TO CERTIFY THAT Caliber Construction, Inc. & Caliber Commercial Construction,Im
is, at the date of this certificate, insured by this company with respect
to the business operations hereinafter described, for the types of
insurance and in accordance with the provisions of the standard policies
used by this company, and further herein fter described. Exceptions to
standard policies are noted on the reverse side hereof.
TYPE OF POLICY EFFECTIVE EXPIRATION LIMITS OF
INSURANCE NO. DATE DATE LIABILITY
Workman's Statutory, State of
Compensation TC6 21558952 5 -4 -85 5 -4 -86 Texas, $100,000.
Employer's Liability
Comprehensive Bodily Injury
General $ ea. person
Liability GL 67484042 5 -4 -85 5 -4 -86 $ ea. accident
Includes
Contractna' $500,000. Combined Single Limit
Liability Bodily Injury & Property
Damage
Covers Property Damage
Independent $ ea. accident
Contractors $ aggregate
Comprehensive Bodily Injury
Automobile $ ea. person
Liability GLM 07484043 5 -4 -85 5 -4 -86 $ ea. accident
Owned
Vehicles Property Damage
Sired $ • ea. accident
Vehicles
Non — Owned $500,000. Combined Single Limit
Vehicles Bodily Injury & Property
Includes Damage
Contractual
Liability
Page 1 of 2
Bodily Injury
$ ea. person
$ ea. accident
Property Damage
Property Damage
$ ea. accident
$ aggregate
The above policies either in the body thereof or by approprite
endorsement provide that they may not be changed or cancelled by the
insurer in less then ten (10) days after the insured has received
written notice of such change or cancellation.
This Certificate of Insurance neither affirmatively or negatively
amends, extends, or alters the coverage afforded by policy or
policies indicated by this certificate.
American General Fire & Casualty
(Name of Insurer)
By:
Page 2 of 2
Title: Sr. Vice President
Address: Frank B. Hall & Co.
8 Greenway Plaza, 1000 Cashco Tower
Houston, Texas 77046