R-87-1033 - 8/13/1987WHEREAS, the City has duly advertised for bids for
street improvements to McNeil Road Phase II; and
WHEREAS, ,/44,i) GO
/_kt;%? , submitted the
lowest responsible bid; and /7
7)
. 1624 0 4L___, WHEREAS, the Council wishes to accept the bid of
and to authorize the execution of the
necessary documents; Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS
That the bid of & lA
accepted as the lowest responsible bid, and the Mayor is
au / ad directed to enter into an agreement with
McNeil Road Phase II.
ATTEST:
NE
RESOLVED this /3
LAND, City Secretary
RESOLUTION NO. jl /330e
is hereby,
for street improvements to
day of , 1987.
MIKE ROBINSON, Mayor
City of Round Rock, Texas
DATE: August 11, 1987
SUBJECT: Council Agenda, August 13, 1987
ITEM: 13G - Consider a resolution authorizing the
Mayor to enter into a contract for McNeil
Road Improvements Phase 11.
STAFF RESOURCE PERSON: Jim Nuse
STAFF RECOMMENDATION: Staff recommends that this contract be
awarded to the second low- bidder, Austin Paving Company for
$1,292,768.70. W.L. Wood Excavating was low at $1,174,201.90.
ECONOMIC IMPACT: Enclosed please find the letter of recommendation
from Espey- Huston and Associates. Staffs' concern relating to
the low- bidder, W.L. Wood excavating Company are:
1. According to the Bidder's Qualification Statement, W.L. Wood
Excavating Company has completed only one street and drainage
project. The street and drainage project was new construction
and was for $69,625.90. Four other street and drainage.
projects averaging $300,000 each were haulted by owner due
to economic or right of way constraints.
2. According to the Bidders Qualification Statement, current
projects exceed $2 million. The total dollar amount of
completed projects (not haulted by owner) is $1.4 million.
His current work load is substantial and we are concerned
with his ability to devote the necessary equipment and
qualified manpower to the project.
3. A reconstruction project of this magnitude has not been com-
pleted by this contractor. His only reconstruction experience
according to the Qualification Statement is on Virginia
Drive in Round Rock. The contractor has experienced
difficulties with existing utilities.
RESOLUTION NO.
WHEREAS, the City has duly advertised for bids for street
improvements to McNeil Road Phase II; and
WHEREAS, submitted the lowest
and best bid; and
WHEREAS, the Council wishes to accept the bid of
, and to authorize the execution of the
necessary documents; Now Therefore
TEXAS
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
That the bid of is hereby accepted
as the lowest and best bid, and the Mayor is authorized and
directed to enter into an agreement with
for the street improvements to McNeil Road Phase II.
RESOLVED this day of , 1987.
ATTEST:
JOANNE LAND, City Secretary
MIKE ROBINSON, Mayor
City of Round Rock, Texas
ESPEY,
HUSTON &
ASSOCIATES, INC.
Engineering & Environmental Consultants
29 July 1987
I certify that the attached bid tabulation was prepared from sealed
bids received at 2:00 PM, July 28, 1987, for the City of Round Rock
for the McNeil Road Phase II C.I.P. Street and Drainage Improvements.
o ®w ® ®20 /
OF ? #omasooker, J
Sr
THOMAS 6. HOOKER. Jig.
A., •••' 67008 ••a `Al'e
110 South Brown • P.O. Box 1269 • Round Rock, Texas 78680 • (512) 244 - 3885
EH&A Job
No. 6572
PROJECT:,MCNEIL ROAD PHASE II STREET & DRAINAGE
OWNER: CITY OF ROUND ROCK
DATE: 28- Jul -87
T _
TABULATION OF BIDS
BIDDER * W L WOOD EXCAVATION * AUSTIN PAVING COMPANY * CAPITAL EXCAVATION CO. * STRKER CONSTRUCTION *
UNIT /PRICE, TOTAL UNIT /PRICE TOTAL UNIT /PRICE TOTAL UNIT /PRICE TOTAL
1. STREET EXCAVATION
40834 $2.00 $81,668.00
3. 13 -1/2" COMPACTED FLEXIBLE BASE
35384 $4.25 $150,382.00
$2.30 -f- $93,918.20
$6.00 4- $212, 304. 00
PAGE 1
2. SUBGRRDE PREPARATION
40834 $0.90 $36,750.60 $1.00 f,$40,834.00 .$0.55 $22,458.70
EHREY'JOBUNOON6572SSOCIATES, INC+
r ..
$3.35 $136,793.90 $3.50 , 0142,919.00
$0.50 . $20, 417.00
$4.40 $155,689.60 $5.00 $176,920.00
4. 3 -1/2" HOT MIXED ASPHALTIC CONCRETE _,
35384 , $6.50 ' $229,996.00 , $6.10 - 8215,842.40 $6.30 0222,919.20 $6.50 , $229,996.00
5. CONCRETE GURB & GUTTER ,
12158 $4.50. $54;711.00 $5.00 t $60,790.00 $3.75 $45,592.50 $5.00 $60,790.00
6. 10' TYPE I STANDARD CURB INLET
• 22 $2,050.00 $45,100.00 $2,000.00 ! $44,000.00 $2,060.00 $45,320.00 $2,000.00 $44,000.00
7. 20' TYPE ' I STANDARD CURB•INLET
, 1 $2,500.00 $2,500.00 • $3,000.00 $3,000.00 $3,700.00 $3,700.00 $2,500.00 $2,500.00
8. 10' CURB INLET EXT.@ EXTRA DEPTH
49.69 ' $110.00 $5,465.90 $300.00 $14,907.00 $180.00 $8,944.20 - '8115.00 ' $5,714.35
9. 20' CURB INLET EXT.@ EXTRA DEPTH°
3.28 $110.00 $360.80 $520.00 $1,705.60 $315.00 „ $1,033.20 $170.00 $557.60
10. 4' DIA. MANHOLE 0 -8 VF
' ** 4 $1,000.00 $1,000.00 $1,100.00 $1,100.00 $1,300.00 $1,300.00 $1,400.00 81, 400.00
11. 5' DIA. MANHOLE 0 -8 VF
2 $1,200.00 - $2,400.00 $1,300.00 02,600. $1,500.00 $3,000.00 ' $1,400.00 $2,800.00
BIDDER * W L WOOD EXCAVATION , * , AUSTIN PAVING COMPANY . * CAPITAL EXCAVATION CO. ' * STARER CONSTRUCTION
UNIT /PRICE TOTAL UNIT /PRICE TOTAL UNIT /PRICE TOTAL UNIT /PRICE • TOTAL
12. 6' DEA. MANHOLE 0 -8 VF ,
4 $1,500.00 86,000.00 $1,600.00 " $6,400.00 $2,200.00 58,800.00 $2,300.00 $9,200.00
13. 7' DIA. MANHOLE 0 -8 VF
2 $2,000.00 $4,000.00 $2,200.00 $4,400.00 $3,300.00 $6,600.00 $6,900.00 $13,800.00
14. RAISING MANHOLE CASTINGS
9 $150.00 $1,350.00 - $150.00 $1,350.00 $400.00 $3,600.00 $400.00 $3,600.00 '
f 15. MANHOLE EXT. @ EXTRA DEPTH
14 $100.00 81,400.00 ' ', $100.00 $1,400.00 $105.00 81,470.00 $350.00 $4,900.00
16. 18" RCP SS, CL.III ALL DEPTHS
1113 $17.00 $18,921.00 $19.00 $21,147.00 828.50, •831,720.50 $32.00 $35,616.00
17. 24" RCP SS, CL.III ALL DEPTHS '
957 - $23.00 $22,011.00 $26.00
18. 30" RCP SS, CL.III ALL DEPTHS
270 $30.00 $8,100.00 $33.00 $8,910.00 $46.50 812,555.00 847.00' `812,690.00
19. 36" RCP SS, CL.III ALL DEPTHS ,, -
968 $37.50 $36,300.00 $41.00 $39,688.00 $58.00 , $56,144.00 $58.00 . '856,144.00
20. 42" RCP SS, CL.III ALL DEPTHS
24 $55.00 ^81,320.00 $61.00 81,464.00 $70.00 $1,680.00 $68.00 $1,632.00
21. 48" RCP SS, CL.III ALL DEPTHS
' 1507 $60.00 $90,420.00
22. 54" RCP SS, CL.III ALL DEPTHS
1030 $75.00 $77,250.00
$24,882.00
$67.00 $100,969.00
$83.00 $85,490.00
$35.00 $33,495.00 $38.00 836,366.00'
$79.30 $119,505.10 $80.00- $120,560.00
$97.00 $99,910.00 $105.00 $108,150.00
23. 60" RCP SS, CL.III ALL DEPTHS
627 $100.00 $62,700.00 $110.00 $68,970.00 $109.30 868,531.10 $120.00' $75,240.00
24. 60" RCP SS, CL. V ALL DEPTHS + '
138 $150.00 $20,700.00 $165.00 $22,770.00 $222.00 $30,636.00 $150.00 $20,700.00
PAGE 2
BIDDER * 'W L WOOD EXCAVATION * AUSTIN PAVING COMPANY * CAPITAL EXCAVATION CO. * STAKER CONSTRUCTION
UNIT /PRICE TOTAL UNIT /PRICE TOTAL UNIT /PRICE TOTAL 'UNIT /PRICE TOTAL
25. BORE FOR 60" RCP SS PIPE
96 - $750.00 $72, 000.00 $830. $79,680. $650.00 $62,400.00 $780. 00 $74,8B0.
26. 2" PVC CARRIER PIPE •
1086 $5.50 $5,973.00
27. CONCRETE VALLEY GUTTER
$6.00 $6,516.00
7 $1, 650. $11, 550. $2, 200. $15, 400. $1, 700.00 $11,900. 00 $1,700. 00 r $11, 900. 00
28. 5' REINFORCED CONCRETE SIDEWALK
' 28609 $2. 00 $57, 218.00 $1.70 048, 635.30 , $1.73 $49,493. 57 $2. $57, 218.
29. REMOVAL OF EXISTING CULVERTS
1 $1, 000.00 $1, 000.00 $1, 000.00 $1, 000. $2, 000.00 • $2, 000. 00 $2, 000.00 $2, 000. 00
30. CONCRETE DRIVEWAYS TYPE I -
1363 $2.60 - $3, 543.80
31. CONCRETE DRIVEWAYS TYPE II
3158 $2.60 $8, 210. 80
TOTAL
STREET & DRAINAGE $1,174,201.90
$2.20
$2.20 $6, 947.60
32. SIDEWALK RAMP TYPE I
9 $100. $900.00 $250. $2,250. $85. $765. $85.00 $765.00
02,998.60
33. °SIGNRGE, TRAFFIC CONTROL & CONSTRUCTION
„ 1 $40, 000.00 $40, 000.00 $40, 000.00 $40, 000.00. $47,500. $47,500. $62, 000.00 $62, 000.00
34. PERM.' STRIPING, MARKING, ETC. -
1 $8, $8, 000.00 $5,500.00 $5,500. $8, $8, 000.00- $8,600.
35. PERMANENT EROSION CONTROL
1 $5, 000.00 $5, 000.00 $5, 000.00 $5, 000.00 :- $18, 500. $18, 500.00 $10, 000.00 $10, 000. 00
$1,292,768.70
PAGE 3
$5. 15 ' $5, 592. 90 , $24. $26, 064.
$2.40 $3,271.20
$2.40 $7, 579. 20
$2. 50 $3, 407.50
$2. 50
$7,895.00
$8, 600. 00
$1,338,399.87 ' $1,451,341.45
BIDDER * PARKER & ROGERS CONST. * J C EVANS EXCAVATION * GAREY CONSTRUCTION CO. * ELLA CONTRACTING
UNIT/PRICE , TOTAL UNIT/PRICE TOTAL : UNIT/PRICE tOTAL UNIT/PRICE TOTAL !
1. STREET EXCAVATION .
40834 ' 83.20 $130, 668. 80
2. SUBGRADE PREPARATION
, 40834 80.70 $28, 5q3. 80
3. 13-1/2" COMPACTED FLEXIBLE BASE
35384 85. 75 8203, 458.
4. 3-1/2" HOT MI XED 'ASPHALTIC CONCRETE
° 35384 86.45 $228, 226. 80 *6.95 8245, 918. 80
5. CONCRETE GURB & GUTTER
12158 ' 84.75 $57, 750: 50 ' 84.65 $56, 534. 70
' 7. ' 20' TYPE I STANDARD CURB INLET
1 $2, 600. 00 $2, 600. 00 , . $2, 300. 00
9. 20' CURB INLET EXT. @ EXTRA DEPTH
3.28 8500. 81, 640. 00
84.15 8169,461.10 $9. 47 $386, 697. 98 *6.67 $272, 362. 78
$0. 80 • , • $32, 667. 20 • $0. 50 $20, 417. 00
85.25 $185, 766. 00
$2,°300. 00 $2, 100. 00
PAGE 4
84.26 $150, 735. 84 85.25 $185, 766. 00
. •
$5. 79 . $204, 873. 36
11. 5' DIA. MANHOLE 0-8 VF
2 $2, 500. 00 $5, 000. 00 $1, 430. 00 ' $2, 860. 00 ' 81, 500. 00 $3, 000. 00
86.44 $227, 872. 96
88.75 $30, 625. 50
84.15 $50, 455. 70 85.79 870, 394. 82.
' 6. 10' TYPE I STANDARD CURB INLET
22 82, 000. 00 $44, 000.00 81, 900. 00 $41, 800. 00 ' 81, 800. 00 ' $39, 600. 00 , $2, 244. 00 $49, 368. 00
$2, 100. 00 $3, 988. 83, 988. 00
8. , 10' CURB INLET EXT. @ EXTRA DEPTH
49.69 ' 8300. , $14, 907. 00 8250. $12, 422.50 s 8188. $4, 969. 00 8120. 85, 962. 80
. •
8500. $1, 640. $150. 00 .1 $492. 00 8240.00 ' $787. 20 '•,;.
10. 4' DIA. MANHOLE 0-8 VF
1 81, 500. 00 81, 500. 81,100.00 $1,100. 00 0 ' $1,100. 00 51,100. 00 81, 765. 00 , 81, 765. 00
$2, 447. 00
$4, 894. 00
BIDDER * PARKER & ROGERS CONST.' * J C.EVANS EXCAVATION * GAREY CONSTRUCTION CO. * ELLA CONTRACTING INC,
UNIT /PRICE TOTAL UNIT /PRICE 'TOTAL UNIT /PRICE , TOTAL UNIT /PRICE
12.. 6' DEA. MANHOLE 0 -8 VF •
4 $3,500.00 $14,000.00 $1,820.00 $7,280.00 $2,400.00 $9,600.00 '$3,022.00 $12, 088.00
13. 7' DIA. MANHOLE 0 -8 VF
2 $4,500.00 $9,000.00 $2,500.00 $5,000.00, $3,500.00 $7,000.00 $3,428.00 $6,856.00
14. RAISING MANHOLE CASTINGS ,
9 $250.00 $2,250.00 $275.00 $2,`475.00; $400.00 $3,600.00 $250.00 $2,250.00,
15. MANHOLE EXT. @ EXTRA DEPTH -
14 $200.00 $2,800.00 $140.00 , $1,960.00 $80.00 $1,120.00 $147.00 $2,058.00
16. 18" RCP SS, CL.III ALL DEPTHS
1113 $31.00 $34,503.00
17. 24" RCP 55, CL.III ALL DEPTHS y
. 957 $39.50 $37,801.50 $33.00 $31,581.00 $33.00 $31,581.00 - $63.00 $60,291.00
18. =30" RCP 55, CL.III ALL DEPTHS
270 $44.50 $12,015.00 $40.00 $10,800.00 $38.00 $10,260.00 $68.79 $18,573.30
19. '36" RCP 5S, CL.III ALL DEPTHS
968 $64.00 $61,952.00 - $67.00 $64,856.00 $54.00 $52,272.00 . $73.60 $71,244.80 '
20., 42" RCP 55, CL.III ALL DEPTHS
24 $74.00 $1,776.00 $74.00 ' ;1,776.00 • $70.00 $1,680.00 $95.00 $2,280.00
21. 48" RCP SS, CL.III ALL DEPTHS
1507 $85.00 $128,095.00
$27.00 $30,051.00 $26.00 $28,938.00 $51.09 $56,863.17
24. 60" RCP SS, CL. V ALL DEPTHS
138 , $160.00 $22,080.00
$85.00 $128,095.00
22. 54" RCP SS, CL.III ALL DEPTHS
1030' $108.00 $111,240.00 $102.00 $105,060.00 $98.00 $100,940.00 $117.28 $120,798.40
23. 60" RCP SS, CL: - III ALL DEPTHS
627 $124.00 $77,748.00 $122.00 $76,494.00 $112.00 $70,224.00 $136.82 $85,786.14
$144.00
$19,872.00
r,
PAGES
$79.00 $119,053.00 $96.91 $146,043.37
$195.00 $26,910.00
TOTAL.
$171.72 $23,697.36
BIDDER * PARKER & ROGERS CONST. * J C EVANS EXCAVATION •* GAREY CONSTRUCTION CO. * ELLA CONTRACTING INC * •
UNIT /PRICE TOTAL UNIT /PRICE TOTAL UNIT /PRICE TOTAL • UNIT /PRICE - TOTAL
25. BORE FOR 60" RCP SS PIPE • ''
96 $850. $81, 600. $810. $77, 760. $640. $61, 440. $679.07 $65, 190.•72''
26. 2" PVC .CARRIER PIPE
1086 $4.50 . $4,887.
$7.50 $8, 145.
27. CONCRETE VALLEY GUTTER ,
7 $2, 000. 00 $14, 000.00 $1, 500. $10, 500. $1, 500. $10, 500. 00 $1, 900.00 $13, 300.
28. 5' REINFORCED CONCRETE SIDEWALK
28609 $1. $51,496.20 $1.95 $55,787.55 $1.75 $50,065.75 $1.72 $49,207.48
29. REMOVAL OF EXISTING CULVERTS ;
1 - $2, 500. ' $2, 500. . $4, 700.00 $4, 700. $5, 000.00 ` $5, 000. 00 • $1, 000.00 $1, 000.00
30. CONCRETE DRIVEWAYS TYPE I
1363 $3. $4,089. $3.20 $4,361.60 $3.50 $4,770.50'. $2.40 . $3,271.20
31. CONCRETE DRIVEWAYS TYPE II
3158 $3.25 $10,263.50
$3.40 $10, 737.20 $3.75 $11, 842. 50
32. SIDEWALK RAMP TYPE I
9 $100. $900. , $195. $1,755. 8100.00 $900. $150. $1,350.00
33. SIGNAGE,'TRAFFIC CONTROL & CONSTRUCTION
1 $50, 000. 00 $50, 000.00 ' $46, 000.00 $46, 000. $20, 000.00 $20, 000.00 . • $41, 000.00 $41, 000.00
34. PERM. STRIPING, MARKING, ETC. '
1 $8, 500. 00 $8, 500. 00 $7, 900. $7, 900. $7, 072. 00 $7, 072. 00. ` ' $5, 550. $5, 550.
35. PERMANENT EROSION CONTROL '
1 $3, 500. 00 83, 500. $7, 500. $7, 500. „ - $7, 500. $7, 500. 00 • $15, 996. $15, 996.
• TOTAL
STREET & DRAINAGE $1,465,331.10 $1,472,916.65
PAGE 6
$4. '84, 344. $16.93 $18, 385.98
$2.60 $8, 210.80
$1,511,053.63 $1,685,078.78
BIDDER * AUSTIN ENGINEERING CO. * OLMOS CONSTRUCTION CO. *' *
UNIT /PRICE TOTAL UNIT /PRICE TOTAL UNIT /PRICE TOTAL UNIT /PRICE > TOTAL
1. STREET EXCAVATION
40834 $7. ' $285,838. 00
2. SUBGRADE PREPARATION
.40834 $1.20 $49, 000.80
3. 13 -1/2" COMPACTED FLEXIBLE BASE
35384 $8.10 $286,610.40
4. 3 -1/2" HOT MIXED ASPHALTIC CONCRETE
35384 $6. 70 $237,072.
'5. CONCRETE GURB & GUTTER
12158 $4.80 r $58,358.40
8: 10'' CURB INLET EXT. @ EXTRA DEPTH
49.69 $170. $8, 447.30
9. 20' CURB INLET EXT. @ EXTRA DEPTH
3.28 $230. $754.40
$0. 75
$30,625.50
$5. 34 $188, 950. 56
$9. 90. $404,256.60
$5.90
$208, 765. 60
$4. 30 $52, 279.40
6. 10' TYPE I STANDARD CURB INLET
22 t $2, 000.00 $44, 000.00 $2, 000.00 $44, 000. 00
$300. $14,907.
$500. $1,640.
PAGE 7
$0. $0.00
$0. $0.
$0. $0.
$0. $0.00
$0. $0.
$0. $0.00
, $0.00 10.00
$0. $0.00
$0. $0.
$0. 30:00
$0. $0:
$0.
$0.
$0. $0.
$0. $0.00
7. 20' TYPE I STANDARD CURB INLET
1 $2, 600. $2, 600. $3, 000.00 $3, 000. 00 $0. $0.00 $0.00 $0.00
$0. $0.
$0. $0.
10. 4' DIA. MANHOLE 0 -8 VF -
1 $2, 000.00 $2, 000.00 $1,500.00 $1,500. $0. $0.00 $0.00 $0.00
11. 5' DIA. MANHOLE 0 -8 VF
2 $2, 500. $5, 000.00 $2, 000.00 $4, 000. 00 $0.00 $0.00 . $0. 00 $0.
BIDDER * AUSTIN ENGINEERING CO. * OLMDS CONSTRUCTION CO. * *
UNIT /PRICE TOTAL UNIT /PRICE TOTAL UNIT /PRICE TOTAL' UNIT /PRICE TOTAL
12. 6' DEA. MANHOLE 0 -8 VF
4 $3, 000. $12, 000.00 $3, 000. 00 " $12, 000.00
13. 7' DIA. MANHOLE 0 -8 VF
2 $4, 500. $9, 000.00 , $6, 000. 00 $12, 000.00 $0.00 $0.00 $0. 00 $0. 00
14. RAISING MANHOLE CASTINGS
9 $150. $1, 350. • $250. $2, 250.00 $0. $0.00 $0. 00 $0. 00
20. 42" RCP SS, CL. III ALL DEPTHS
24 $65. $1, 560. 00
15. MANHOLE EXT. @ EXTRA DEPTH
14 $150. $2,100. $350. $4,900. $0.00 $0.00 $0.00 $0.00
16. 18" RCP SS, CL. III ALL DEPTHS -
1113 $24. $26, 712. 00 $44.00 $48, 972. $0.00 $0: 00 $0.00 $0. 00
17. 24" RCP SS, CL. III ALL DEPTHS
957 $28. $26,796. $49. $46,893. $0.00. $0.00 $0.00 $0.00
18. 30" RCP SS, CL. III ALL DEPTHS ,
• 270 $39. $10,530. $58. $15,660.00 $0. $0.00 $0.00 $0.00
' 19. 36" RCP SS, CL.III ALL DEPTHS
968 $50. $48,400. : $70. $67,760. $0.00 $0.00 ! $0.00 • $0.00
$82. $1,968.
21. 48" RCP S5, CL. III ALL DEPTHS
1507 $75. $113, 025. 00 $88. 00 8132, 616. $0.00 $0. 00 $0.00 $0.00
22. 54" RCP SS, CL. III ALL DEPTHS
1030 $90. $92, 700.00 , $111. $114,330. $0.00 $0.00 $0.00 $0.00
23. 60'; RCP SS, CL. III ALL DEPTHS
627 $105. $65, 835. 00 $121. $75, 867. 00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.
$0. 00. $0. 00
$0. 00 $0. 00
$0.00 $0.00
24. 60" RCP SS, CL. V ALL DEPTHS
138 . $250. $34, 500. ' $151.00 $20, 838. $0.00 $0.00 $0.00 $0. 00
PAGE 8
BIDDER * AUSTIN ENGINEERING CO. * OLMOS CONSTRUCTION CO. * - ' ' - *
UNIT /PRICE TOTAL UNIT /PRICE TOTAL -. UNIT /PRICE . - TOTAL UNIT /PRICE TOTAL
25. BORE FOR 60" RCP SS PIPE
96 $300. $28,800. $950. ; $91,200. 00 $0.00 •$0.00 $0.00 $0.00
27. CONCRETE VALLEY GUTTER
7 $2, 000. 00 - $14, 000.00
28. 5' REINFORCED CONCRETE SIDEWALK
28609 $2. `857, 218.
29. REMOVAL OF EXISTING CULVERTS •
1 $10, 000. 00 - $10, 000.00 $5, 000. $5, 000.00
31. CONCRETE DRIVEWAYS TYPE II
3158 - $2. $8,842.40
TOTAL
STREET & DRAINAGE $1,752,984.30•
$3, 000.00 $21, 000.00
$1.80 $51,496.20
$3.00 $9,474.
35. PERMANENT EROSION CONTROL
1 $25, 000. 00 $25, 000. 00 $25, 000.00 ' $ 25, 000. 00
$1,762,500.86
PAGE 9 •
•
26. 2" PVC CARRIER PIPE -
,1086 • ,$10. $10,860. $8. $8,688. $0.00 $0. 00 `• $0.00 $0.
$0. 00 $0. 00
$0. 00 $0. 00
$0. $0.00
30. CONCRETE DRIVEWAYS TYPE I
1363 $2.60 $3,543. $3. $4,089. $0.00 $0.00 $0.00 $0.00
$0.00 $0. 00
32. SIDEWALK RAMP TYPE I '
9 ' $170. ' $1,530. -" • $175. 00 $1,575. $0.00 $0.00
33. SIGNAGE, TRAFFIC CONTROL & CONSTRUCTION '
1 $160, 000.00 $160, 000.00 $30, 000.00 530, 000.00 $0.00 $0.00
34. PERM. STRIPING, MARKING, ETC.
1 $9, 000.00 $9, 000.00 $5, 000.00 $5, 000.00 $0. 00 $0. 00 $0.00 $0.00
$0. 00 $0. 00
$0. 00 $0. 00
, $0. , $0.00
$0. 00 - $0.00,
$0.00 $0:
$0. $0.00
$0. • - $0.00
$0. $0.00
$0. 00 $0.00
ESPEY,
HUSTON &
ASSOCIATES, INC.
Engineering & Environmental Consultants
August 11, 1987
Mr. James R. Nuse, P.E.
Director of Public Works
City of Round Rock
300 South Blair
Round Rock, Texas 78664
RE: McNeil Road Phase II C.I.P.
EH&A Job No. 6572
Dear Jim:
Transmitted to you earlier in a certified bid tabulation were the
following low and second low bidders on this project:
W. L. Wood Excavation Company $1,174,201.90
Austin Paving Company $1,292,768.70
Espey, Huston & Associates, Inc. (EH&A) has no firsthand experience
with the work of the low bidder and has relied on interviews and
a contractor - submitted Qualifications Statement (attached) in forming
our opinion of their qualifications. EH&A's review indicates that
this contractor has not undertaken a street and drainage project
or completed a street rehabilitation project near the scope and
complexity of McNeil Road Phase II C.I.P. Further, their "Contracts
in Progress" list shows them involved in four projects from south
Austin to Round Rock totaling $2,259,229 in contract amount. EH&A
also understands that W. L. Wood Excavation Company is the apparent
low bidder on an approximate $400,000 street project for the City
which could further dilute its available resources for the McNeil
Road project. Subsequently, EH&A has concerns regarding this contractor's
ability to perform cost effectively and timely on a project of the
nature and magnitude of McNeil Road Phase II C.I.P. given their
experience record, current workload, level of personnel and the
contract time involved.
110 South Brawn P.O. Box 1269 • Round Rock, Texas 78680 • (512) 244 -3885
RECEIVED AUG 1 2 1981
Mr. James R. Nuse, P.E.
August 11, 1987
Page 2
It is EH&A's opinion, therefore, that the City of Round Rock should
give serious consideration to the award of this contract to the
second low bidder. Should you have any questions regarding this
matter, please do not hesitate to call.
Sincerely,
Everett M. Owen, P.E.
Vice President
EMO /JDM /cmg
Attachment
cc John D. Moody (EH&A)
Tom Hooker (EH&A)
ESPEY, HUSTON & ASSOCIATES, INC.
ESPEY, HUSTON & ASSOCIATES, INC.
BIDDER'S QUALIFICATION STATEMENT
All questions must be answered and the data given must be clear and comprehensive.
This statement must be notarized. If necessary, questions may be answered on
separate attached sheets. The Bidder may submit any additional information he
desires.
1. Name of Bidder. W. L. Wood Excavation
2. Permanent main office address. 205 Greenridge Dr.
Hutto, Texas 78634
3. When organized. 19 72
4. If a corporation, where incorporated.
NA
5. How many years engaged in the contracting business under present firm or
tradename? Give former names of firm or tradenames, with dates of
operation under each.
15 years
6. Contracts on hand: (Schedule these, showing amount of each contract and the
approximate anticipated dates of completion).
see attached
7. General character of work performed by your company.
Street, Drainage, Water, Wastewater & Electrical
8. Have you ever failed to complete any work awarded to you? If so, where and
why? Give name of Owner and Engineer.
NO
9. Have you ever defaulted on a contract? If so, where and why? Give name of
Owner and Engineer.
NO
10. List the more important projects recently completed by your company, stating
the approximate cost for each and the month and year completed. Give name
of Owner and Engineer, location and type of project.
see attached
11. List your major equipment available for this contract.
see attached
12. Experience in corlstructiop work similar in im ort ce to this project.
see list under items I b anti t 10 above
13. Background and experience of the principal members of your organization,
including the officers. see attached resumes
14. Credit available: $ 400, 000.00
15. Give bank references.
Allied Bank North Austin
10400 Reasearch Blvd.
Austin, Texas 78759 -5713
(512) - 346 -0660
Mr. Denny C. Holt
QS -1
16. Will you, upon request, fill out a detailed financial statement and furnish any
other pertinent information that may be required by the City of Round Rock
YES
17. The undersigned herby authorizes and requests any persons, firms or corpora-
tion to furnish any information requested by the City of Round Rock in
verification of the recitals comprising this Statement of Bidder's
Qualifications.
Dated at 3:45 P.M. this 5th day of August
1986.7
State of Texas
County of Williamson
My commission expires
ESPEY, HUSTON & ASSOCIATES, INC.
B
W. L. Wood 'Excavation
/ ` ( Contractor)
LV
Title Estimator /G:• . Mgr
Robert N. Jordan being duly sworn deposes and says
that he is Estimator /Gen. Mgr of W. L. Wood Excavation
and that the answers to the foregoing questions and all statements therein contained
are true and correct.
Subscribed and sworn to before me this 5th day of August , 198&.7
QS -2
Notary Public
, 19 .
WALTER L. WOOD
DOB 8/2/40
RESUME
1983 to present: W. L. Wood Excavation, Texas. Owner of W. L. Wood
Excavation. The company works in underground
electric, roads, storm sewer, water, wastewater,
earthen dams and channels. The company has between
20 to 30 employees, 34 pieces of equipment
with work loads in excess of 1.2 million dollars
and jobs not started in excess of 3 million dollars.
1979 to 1981: Boulder Construction, Oregon. Co -owner of Boulder
Construction. Boulder consisted of approximately 25
employees, 15 pieces of equipment with a work load
of 1.1 to 1.5 million dollars. The company worked
in highway construction and underground utilities.
1972 to 1979: W. L. Wood Excavation, Oregon. Owner of W. L. Wood
Excavation. The company worked in road excavation
and general excavation. The company consisted of
3 to 5 employees, 5 pieces of equipment with a work
load of $250,000.00 to $500,000.00.
1971 to 1972 Vinell Corporation, California. Worked as a super-
intendent over thirty (30) employees and sixty (•0)
pieces of heavy equipment. The company worked in
highway construction. Some of my duties included,
payroll, personel, equipment and engineering.
1963 to 1971 Granite Construction Company, California. Worked
as a heavy equipment operator in highway construc-
tion.
1;58 to 1963 Hensler Construction Company. California. Worked
as a laborer and equipment operator on highway
construction.
RESUME
Robert N. Jordan
D.O.B. 09 -09 -47
Education: Wm. B. Travis High School 1965 Grad.
Southwest Texas State Univ. 1972 Grad.
U. S. Navy Engineering School 1969 Grad.
1987 - Present: W. L. Wood Excavation - Texas
Employed as estimator and General office
Manager. Responsibile for invoicing,
job estimation, material purchasing and
coordination of personnel, equipment,
engineering and material.
1983 - 1984 & 1986 - 1987, Bill Milburn Inc. - Texas
Employed as Project Manager. Duties
involved invoicing and cooriination of all
projects under development thru the engineer,
construction contractor, owner and local
governmental bodies.
1984 - 1986, Austin Homes Inc. - Texas
Employed as Director of Real Estate Development
and responsible for all financial, personnel,
administrative, engineering and contractural
aspects of development.
1982 - 1983, Carlson & Dippel Inc. - Texas
• Employed as estimator, engineering technician
and designer of all major facilities for
North Austin Municipal Utility District One.
1978 - 1982 Underground Utilities & J. V. Construction
oyed as estimator and material cooriC ator
Underground Utilities and also coorin__,ated
all equipment and engineering _ -
contracts. Was the President of and managed
all phases of the road construction company.
1975 - 1977, Hale & Associates Inc. - Texas
I was employed as Corporate Manager of the
Civil Engineering company. My duties
included all administrative, personnel, and
financial reports, records and management
there of.
1972 - 1975, W. L. Mayfield - Texas
Employed as Project Manager for the Real
Estate Developer. Responsibile for management
of engineering, contracting, owner and
local governmental bodies.
MARK A. WOOD
DOB: 12/4/60
1981 to 1983:
1980 to 1981:
RESUME
Education: Mountain View High School Bend, Oregon. 1980 graduate.
Austin Community College Austin, Texas
1983 to present: W. L. Wood Excavation, Texas. Superintendent of
utility and street jobs with a labor force of 15 men
and equipment of 12 pieces. Job cost vary from
$350,000.00 to $1,300,000.00. Responsible for time
reports, coordination of staking, cuts, equipment
and material.
Phillips & Jordan Construction, Inc., Texas. Worked
as a heavy equipment operator on a 26 million yard
earth dam and set grades on 2 to 3 million dollar
road jobs.
Sunloc Solar, California. Installed solar hot water
heaters. I kept all records, expenses and payroll
for two crews.
1978 to 1980: Boulder Construction Company, Oregon. Worked as a
heavy ecui• .nt operator on utility and road contrs ^ts.
19',, to 19'18: Wilson Pre. _,t Products, Oregon. Forman over six men.
Main duty was to form and mold out manholes and septic
tanks.
DAVID WOOD
DOB: 9/4/58
RESUME
Education: Bend High School 1978 graduate.
1985 to present: W. L. Wood Excavation, Texas. Superintendent of
utility and street projects with a labor force of 10
men and equipment of 12 pieces. Job cost vary from
$90,398.00 to $1,200,000.00,. Responsible for all
time reports, and coordination of staking, engineer-
ing, equipment, material and personnel.
1984 to 1981: Capital Excavation, Texas. Project foreman with
responsibilities for engineer, staking and equipment
on specific projects. Also at this time was a heavy
equipment operator on site work and roads.
1980 to 1984 Phillips & Jordan Construction, Inc., Texas. Worked
as a heavy equipment operator on a 26 million yard
earth dam and helped with engineering on 2 to 3
million dollar road job.
1979 to 1980: Granite Construction Company, California. Worked
as a heavy equipment operator on state highway.
1975 to 1 ° W. L. ''iod Excavation, Oregon. rked as a heavy
equip :. .it operator o_, state ni ly work, site work .
and utilities.
1971 to 1975: Boulder Cnnstruction Company, Oregon. Worked as a
heavy equipment operator on roads and utilities.
EQUIPMENT LIST
1 621 Paddle Wheel Scraper
2 TS14 Terex.Scrapers
1 Komatsu D75S Track Loader
1 Komatsu D57S Track Loader
1 Dressor Track Loader
1 Cat. 950 RubberTired Loader
1 Dressor 540 Rubber Tired Loader
1 Cat. D8K Ripper Dozer
2 Dressor TD15 Dozers
2 Komatsu 605 Maintainer
1 Cat. 140 Maintainer
1 Komatsu PC 400 Excavator
1 Komatsu PC 150 Excavator
1 John Deere 410 Backhoe
2 R 35 Euclid End Dumps
1 800 Vemeer Rock Saw
1 642 Bobcat
2 15 Ton Pneumatic Rollers
1 25 Ton Pneumatic Roller
1 Raygo Smooth Drum Roller
1 Ingram Vibratory Roller
1 Ingram Vibratory Compactor
2 2000 Gallon Water Trucks
1 3 Axle Fold Down Goose Neck Lowboy
1 Kenworth Tractor With Winch
1 18 Yard Ford Dump Truck
1 8 x 20 Office Trailer
1 2 Axle Hobbs Trailer Dump
w�-
JOB NAME
Summit Office Center
Milwood Sec. 19
Ragsdale Hanger
Shady Hollow Sec. 6A
Shady Hollow Sec. 6B
Shady Hollow Sec. 6C
Shady Hollow Sec. 6D
Shady Hollow Sec. 6C,D
Shady Hollow Sec. 6C
Woods of Brushy Creek Ph
Tanglewood Forest 4E
Williamson County MUD #t3
Milwood Sec. 30B
Milwood Sec. 30B
Milwood Sec. 31A
Milwood Sec. 31B
Ratan Creek Park
Northwest Crossing Ph 1
Northwest Crossing Ph,1
. COMPLETED PROJECTS
TYPE OF WORK CONT. AMT. CONT. TIME
Site & Drainage $160,085.75
Earthwork 45,000.00
Site, Drain. & Util. 79,629.99
Electrical 150,024.25
Electrical 109,290.00
Electrical 128,583.50
Electrical 109,298.75
Earthwork 106,500.00
Detention Dam 255,950.00
2Electrical 25,500.00
Street & Drainage 69,625.90
Detention Dam 76,545.00
greet & Drainag 198,483.25
Th - a3=er w er 445, 877.99
ree & Drainage 346,375.20
Street & Drainage 282,178.50
i e or • 88400.00
Street & Drainag 325,930.60
water & wastewater 894,368.25
85
30
NA
90
90
90
90
90
75
NA
90
120
80
130
90
90
30
100
200
Cal. Days
* - Contract was haulted by Owner due to economic conditions.
* *- Cor• +ract was haulted by Owner due to ROW acquisition by State
y�. )epartment.
JOB NAME
Wm, Cannon Ext. Ph. 1
Vista Oaks Channel A
Virginia Drive
•
Beard Ranch
CONTRACTS IN PROGRESS
TYPE WORK CONT. AMT. CONT. TIME
4.
Street & Drainage $525,355.70 90 Cal. Days t44131
Drainage 356, 154.95 100 -1150/1
St., Drain. & Water 90,398.00 74 "
Water Main 1,287,320.00 180 "
ESPEY,
HUSTON &
ASSOCIATES, INC.
Engineering & Environmental Consultants
Document No. 870676
EH &A Job No. 6572
McNEIL ROAD PHASE II C.I.P.
STREET AND DRAINAGE IMPROVEMENTS
Prepared for:
City of Round Rock
214 E Main Street
Round Rock, Texas 78664
Prepared by:
Espey, Huston & Associates, Inc.
110 South Brown Street
P.O. Box 1269
Round Rock, Texas 78680
July 1987
ANY DISPUTE ARISING OUT OF THESE
CONTRACT DOCUMENTS MAY BE SUBJECT TO
ARBITRATION UNDER THE TEXAS GENERAL
ARBITRATION ACT, ARTICLE 224, V.A.C.S., AS
AMENDED. THE ARBITRATION PROCEDURES ARE SET
FORTH IN THE GENERAL AND SUPPLEMENTARY CONDITIONS.
110 South Brown • P.O. Box 1269 • Round Rock, Texas 78680 (512) 244 -3885
TABLE OF CONTENTS
BIDDING AND CONTRACT REQUIREMENTS
Table of Contents TC
Bid Schedule B - 1
Agreement A -1
Performance Bond PB -1
Payment Bond PB -3
General Conditions of Agreement GC - 1
Supplementary Conditions (Modifications) 0800 -1
DIVISION 1 GENERAL REQUIREMENTS 01000 -
Measurement and Payment 01025 -1
Regulatory Requirements 01060 -
Reference Standards 01090 -1
Protection of Work, Property and Persons 01540 -1
Traffic Regulation 01570 -1
DIVISION 2 SITEWORK 02000 -
Asphaltic Concrete Paving 02510 -
Reflectorized Pavement Marking 02580 -1
EXHIBITS
"A" Affidavit of Account
"B" Railroad Protective Liability Form
TC
PAGE
ESPEY, HUSTON & ASSOCIATES, INC. INVITATION TO BID
110 South Brown Street McNeil Road Phase II C.I.P.
P.O. Box 1269 Street & Drainage Improvements
Round Rock, Texas 78680 Project No. 6572
(512) 244 -3885 July, 1987
You are invited to bid on the McNeil Road Phase 11 C.I.P. Street
Improvements Project. This project includes, but is not limited to, the widening and
improvements of approximately 7,000 linear feet of McNeil Road, with improve-
ments to portions of Blue Jay Way and St. Williams Avenue. All bids must be on an
itemized unit basis.
Project to be substantially completed within 270 calendar days from date
of The Notice to Proceed.
The City Manager, City of Round Rock will receive bids for McNeil Road
Phase II C.I.P. Street & Drainage Improvements until 2:00 p.m., July 28, 1987, at the
Municipal Building, 214 East Main Street, Round Rock, Texas. Bids received after
this time will not be accepted. All interested parties are invited to attend. Bids
will be opened publicly and read aloud immediately after specified closing time.
Drawings and Specifications may be examined without charge at the
Engineer's office at 110 South Brown Street, Round Rock, Texas 78680. Copies of
the above documents may be obtained at the office of the Engineer in accordance
with the Instructions to Bidders upon receipt of a non - refundable charge of $40.00.
Bid security in the amount of five percent (5%) must accompany each
Bid in accordance with the Instructions to Bidders.
The Owner reserves the right to waive irregularities and to reject bid.
INSTRUCTIONS TO BIDDERS
McNeil Road Phase II C.I.P.
Street and Drainage Improvements
Project No. 6572
1. Defined Terms.
Terms used in these Instructions to Bidders which are defined in the Standard
General Conditions of the Construction Contract have the meanings assigned to
them in the General Conditions. The term "bidder" means one who submits a Bid
directly to Owner, as distinct from a sub- bidder, who submits a bid to a Bidder. The
term "Successful Bidder" means the lowest, qualified, responsible and responsive
Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided)
makes an award. The term "Bidding Documents" includes the Advertisement or
Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract
Documents (including all Addenda issued prior to receipt of Bids).
2. Copies of Bidding Documents
2.1 Complete sets of the Bidding Documents in the number and for the
deposit sum, if any, stated in the Advertisement of Invitation to Bid may be
obtained from Engineer.
2.2 Complete sets of Bidding Documents must be used in preparing Bids;
neither Owner nor Engineer assume any responsibility for errors or
misinterpretations resulting from the use of incomplete sets of Bidding Documents.
2.3 Owner and Engineer in making copies of Bidding Documents available on
the above terms do so only for the purpose of obtaining Bids on the Work and do not
confer a license or grant for any other use.
3. Qualifications of Bidders
To demonstrate qualifications to perform the Work, each Bidder must be prepared to
submit within five days of Owner's request written evidence, such as financial data,
previous experience, present commitments and other such data as may be called for
by the OWNER. Each Bid must contain evidence of Bidder's qualification to do
business in the state where the Project is located or covenant to obtain such
qualification prior to award of the contract.
4. Examination of Contract Documents and Site
4.1 It is the responsibility of each Bidder before submitting a Bid, to (a)
examine the Contract Documents thoroughly, (b) visit the site to become familiar
IB -2
with local conditions that may affect cost, progress, performance or furnishing of
the Work, (c) consider federal, state and local Laws and Regulations that may affect
cost, progress, performance or furnishing of the Work, (d) study and carefully
correlate Bidder's observations with the Contract Documents, and (e) notify
Engineer of all conflicts, errors or discrepancies in the Contract Documents.
4.1.1 Bidders shall not enter any portion of the site within private property
unless accompanied by a representative of the OWNER. Bidders shall notify the
OWNER at least two business days prior to the date that the Bidder wishes to visit
the site within private property. The OWNER shall coordinate the site visit and
shall accompany the Bidder at the site.
4.2 Reference is made to the Supplementary Conditions for identification of:
4.2.1 those reports of explorations and tests of subsurface conditions at the
site which have been utilized by Engineer in preparation of the Contract Documents.
Bidder may rely upon the accuracy of the technical data contained in such reports
but not upon non - technical data, interpretations or opinions contained therien or for
the completeness thereof for the purposes of bidding or construction.
4.2.2 those drawings of physical conditions in or relating to existing surface
and subsurface conditions (except Underground Facilities) which are at or contiguous
to the site which have been utilized by Engineer in preparation of the Contract
Documents. Bidder may rely upon the accuracy of the technical data contained in
such drawings but not upon the completeness thereof for the purposes of bidding or
construction.
Copies of such reports and drawings will be made available by Engineer to any
Bidder on request. Those reports and drawings are not part of the Contract
Documents, but the technical data contained therein upon which Bidder is entitled
to rely as provided in Paragraphs 4.2.1 and 4.2.2 are incorporated therein by
reference. Such technical data has been identified and established in the
Supplementary Conditions.
4,3 Information and data reflected in the Contract Documents with respect
to Underground Facilities at or contiguous to the site is based upon information and
data furnished to Owner and Engineer by owners of such Underground Facilities or
others, and Owner does not assume responsibility for the accuracy or completeness
thereof unless it is expressly provided otherwise in the Supplementary Conditions.
4.4 Provisions concerning responsibilities for the adequacy of data furnished
to prospective Bidders on subsurface conditions, underground facilities and other
physical conditions, and possible changes in the Contract Documents due to differing
conditions appear in Paragraphs 4.2 and 4.3 of the General Conditions.
IB -3
4.5 Before submitting a Bid, each Bidder will, at Bidder's own expense, make
or obtain any additional examinations, investigations, explorations, tests and studies
and obtain any additional information and data which pertain to the physical
conditions (surface, subsurface and Underground Facilities) at or contiguous to the
site or otherwise which may affect cost, progress, performance or furnishing of the
Work and which Bidder deems necessary to determine its Bid for performing and
furnishing the Work in accordance with the time, price and other terms and
conditions of the Contract Documents.
4.6 On request in advance, Owner will provide each Bidder access to the site
to conduct such explorations and tests as each Bidder deems necessary for
submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its
former condition upon completion of such explorations.
4.7 The lands upon which the Work is to be performed, rights -of -way and
easements for access thereto and other lands designated for use by Contractor in
performing the Work are identified in the Contract Documents. All additional lands
and access thereto required for temporary construction facilities or storage of
materials and equipment are to be provided by Contractor. Easements for
permanent structures or permanent changes in existing structures are to be obtained
and paid for by Owner unless otherwise provided in the Contract Documents.
4.8 The submission of a Bid will constitute an incontrovertible
representation by Bidder that Bidder has complied with every requirement of this
Article 4, that without exception the Bid is premised upon performing and furnishing
the Work required by the Contract Documents and such means, methods, techniques,
sequences or procedures of construction as may be indicated in or required by the
Contract Documents, and that the Contract Documents are sufficient in scope and
detail to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
5. Interpretations and Addenda.
5.1 All questions about the meaning or intent of the Contract Documents are
to be directed to Engineer. Interpretations or clarifications considered necessary by
Engineer in response to such questions will be issued by Addenda mailed or delivered
to all parties recorded by Engineer as having received the Bidding Documents.
Questions received less than ten days prior to the date for opening of Bids may not
be answered. Only questions answered by formal written Addenda will be binding.
Oral and other interpretations or clarifications will be without legal effect.
5.2 Addenda may also be issued to modify the Bidding Documents as deemed
advisable by Owner or Engineer.
IB-4
6. Bid Security.
6.1 Each Bid must be accompanied by Bid security made payable to Owner in
an amount of five percent of the Bidder's maximum Bid price and in the form of a
certified check or a Bid Bond (on form attached, if a form is prescribed) issued by a
surety meeting the requirements of Paragraph 5.1 of the General Conditions.
6.2 The Bid security of the Successful Bidder will be retained until such
Bidder has executed the Agreement and furnished the required contract security,
whereupon the Bid security will be returned. If the Successful Bidder fails to
execute and deliver the Agreement and furnish the required contract security within
five days after the Notice of Award, Owner may annul the Notice of Award and the
Bid security of that Bidder will be forfeited. The Bid security of other Bidders
whom Owner believes to have a reasonable chance of receiving the award may be
retained by Owner until the earlier of the seventh day after the Effective Date of
the Agreement or the ninety -first day after the Bid opening, whereupon Bid security
furnished by such Bidders will be returned. Bid security with Bids which are not
competitive will be returned within seven days after the Bid opening.
7. Contract Time.
The numbers of days within which, or the dates by which, the Work is to be
substantially completed and also completed and ready for final payment (the
Contract Time) are set forth in the Bid Form and the Agreement.
8. Liquidated Damages.
Provisions for liquidated damages, if any, are set forth in the Agreement.
9. Substitute or 'Or-Equal' Items.
The Contract, if awarded, will be on the basis of materials and equipment described
in the Drawings or specified in the Specifications without consideration of possible
substitute or "or- equal" items. Whenever it is indicated in the Drawings or specified
in the Specifications that a substitute or "or- equal" item of material or equipment
may be furnished or used by Contractor if acceptable to Engineer, application for
such acceptance will not be considered by Engineer until after the Effective Date of
the Agreement. The procedure for submission of any such application by Contractor
and consideration by Engineer is set forth in Paragraphs 6.7.1, 6.72 and 6.7.3 of the
General Conditions and may be supplemented in the General Requirements.
IB -5
10. Subcontractors, Suppliers and Others.
10.1 The Bidder shall submit a tabulation of subcontractors with the Bid on
the form provided, in addition to other data as follows:
10.2 If the Supplementary Conditions require the identity of certain
Subcontractors, Suppliers and other persons and organizations (including those who
are to furnish the principal items of material and equipment) to be submitted to
Owner in advance of the specified date prior to the Effective Date of the Agreement,
the apparent Successful Bidder, and any other Bidder so requested, shall within
seven days after the Bid opening submit to owner a list of all such Subcontractors,
Suppliers and other persons and organizations proposed for those portions of the
Work for which such identification is required. Such list shall be accompanied by an
experience statement with pertinent information regarding similar projects and
other evidence of qualification for each such Subcontractor, Supplier, person or
organization if requested by Owner. If Owner or Engineer after due investigation
has reasonable objection to any proposed Subcontractor, Supplier, other person or
organization, either may, before the Notice of Award, is given request the apparent
Successful Bidder to submit an acceptable substitute without an increase in Bid
price.
If apparent Successful Bidder declines to make any such substitution, Owner may
award the contract to the next lowest Bidder that proposes to use acceptable
Subcontractors, Suppliers and other persons and organizations. The declining to
make requested substitutions will not constitute grounds for sacrificing the Bid
security of any Bidder. Any Subcontractor, Supplier, other person or organization
listed and to whom Owner or Engineer does not make written objection prior to the
giving of the Notice of Award will be deemed acceptable to Owner and Engineer
subject to revocation of such acceptance after the Effective Date of the Agreement
as provided in Paragraph 6.8.2 of the General Conditions.
10.3 In contracts where the Contract Price is on the basis of Cost- of -the-
Work Plus a Fee, the apparent Successful Bidder, prior to the Notice of Award, shall
identify in writing to Owner those portions of the Work that such Bidder proposes to
subcontract and after the Notice of Award may only subcontract other portions of
the Work with Owner's written consent.
10.4 No Contractor shall be required to employ any Subcontractor, Supplier,
other person or organization against whom Contractor has reasonable objection.
11. Bid Form.
11.1 The Bid Form is included with the Bidding Documents.
11.2 All blanks on the Bid Form must be completed in ink or by typewriter.
IB -6
11.3 Bids by corporations must be executed in the corporate name by the
president or vice - president (or other corporate officer accompanied by evidence of
authority to sign) and the corporate seal must be affixed and attested by the
secretary or an assitant secretary. The corporation address and state of
incorporation must be shown below the signature.
11.4 Bids by partnerships must be executed in the partnership name and
signed by a partner, whose title must appear under the signature and the official
address of the partnership must be shown below the signature.
11.5 All names must be typed or printed below the signature.
11.6 The Bid shall contain an acknowledgement of receipt of all Addenda (the
numbers of which must be filled in on the Bid Form).
11.7 The address and telephone number for communications regarding the Bid
must be shown.
12. Submission of Bids.
Bids shall be submitted at the time and place indicated in the Advertisement or
Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with
the Project title (and, if applicable, the designated portion of the Project for which
the Bid is submitted) and name and address of the Bidder and accompanied by the
Bid security and other required documents. If the Bid is sent through the mail or
other delivery system the sealed envelope shall be enclosed in a separate envelope
with the notation "BID ENCLOSED" on the face of it.
13. Modification and Withdrawal of Bids.
13.1 Bids may be modified or withdrawn by an appropriate document duly
executed (in the manner that a Bid must be executed) and delivered to the place
where Bids are to be submitted at any time prior to the opening of Bids.
132 If, within twenty -four hours after Bids are opened, any Bidder files a
duly signed, written notice with Owner and promptly thereafer demonstrates to the
reasonable satisfaction of Owner that there was a material and substantial mistake
in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security
will be returned. Thereafter, that Bidder will be disqualified from further bidding
on the Work to be provided under the Contract Documents.
1B -7
14. Opening of Bids.
Bids will be opened and (unless obviously non - responsive) read aloud publicly. An
abstract of the amounts of the base Bids and major alternates (if any) will be made
available to Bidders within seven days after the date of Bid opening.
15. Bids to Remain Subject to Acceptance.
The apparent successful bid and the next two lowest bids will remain subject to
acceptance for ninety days after the day of the Bid opening. All other bids will be
released and the Bid security returned within seven days. _ Owner may, in its sole
discretion, release any Bid and return the Bid security prior to that date.
16. Award of Contract.
16.1 Owner reserves the right to reject any and all Bids, to waive any and all
informalities not involving price, time or changes in the Work and to negotiate
contract terms with the Successful Bidder, and the right to disregard all
nonconforming, nonresponsive, unbalanced or conditional Bids. Also, Owner reserves
the right to reject the Bid or any Bidder if Owner believes that it would not be in
the best interest of the Project to make an award to that Bidder, whether because
the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability
or fails to meet any other pertinent standard or criteria established by Owner.
Discrepancies in the multiplication of units of Work and unit prices will be resolved
in favor of the unit prices. Discrepancies between the indicated sum of any column
of figures and the correct sum thereof will be resolved in favor of the correct sum.
16.2 In evaluating Bids, Owner will consider the qualifications of the Bidders,
whether or not the Bids comply with the prescribed requirements, and such
alternates, unit prices and other data, as may be requested in the Bid Form or prior
to the Notice of Award.
16.3 Owner may consider the qualifications and experience of Subcontractors,
Suppliers, and other persons and organizations proposed for those portions of the
Work as to which the identity of Subcontractors, Suppliers, and other persons and
organizations must be submitted as provided in the Supplementary Conditions.
Owner also may consider the operating costs, maintenance requirements,
performance data and guarantees of major items of materials and equipment
proposed for incorporation in the Work when such data is required to be submitted
prior to the Notice of Award.
16.4 Owner may conduct such investigations as Owner deems necessary to
asist in the evaluation of any Bid and to establish the responsibility, qualifications
and financial ability of Bidders, proposed Subcontractors, Suppliers and other
IB -8
persons and organizations to perform and furnish the Work in accordance with the
Contract Documents to Owner's satisifaction within the prescribed time.
16.5 If the contract is to be awarded, it will be awarded to the lowest Bidder
whose evaluation by Owner indicates to Owner that the award will be in the best
interests of the Project.
16.6 If the contract is to be awarded, Owner will give the Successful Bidder a
Notice of Award within ninety days after the day of the Bid opening.
17. Contract Security.
Paragraph 5.1 of the General Conditions and the Supplementary conditions set forth
Owner's requirements as to performance and payment Bonds. When the Successful
Bidder delivers the executed Agreement to Owner, it must be accompanied by the
required performance and payment Bonds.
18. Signing of Agreement
When Owner gives a Notice of Award to the Successful Bidder, it will be
accompanied by the required number of unsigned counterparts of the Agreement
with all other written Contract Documents attached. Within 5 days thereafter
Contractor shall sign and deliver the required number of counterparts of the
Agreement and attached documents to Owner with the required Bonds. Within ten
days thereafter Owner shall deliver one fully signed counterpart to contractor. Each
counterpart is to be accompanied by a complete set of the Drawings with
appropriate identification.
19. Sales and Else Taxes.
Owner is exempt from certain State and Local Sales Taxes on materials and
equipment to be incorporated in the work. Said taxes shall not be included in the
Contract price.
20. Retainage.
Provisions concerning retainage and Contractors' rights to deposit securities in lieu
of retainage are set forth in the Agreement.
1B -9
PROJECT IDENTIFICATION:
McNeil Road Phase II C.I.P. Street & Drainage Improvements
CONTRACT IDENTIFICATION AND NUMBER: 6572
THIS BID LS SUBMITTED TO:
1.
Mayor and City Council
The City of Round Rock
214 E Main Street
Round Rock, Texas 78680
The undersigned BIDDER proposes and agrees, if this Bid is accepted, to
enter into an Agreement with OWNER in the form included in the
Contract Documents to complete all Work as specified or indicated in
the Contract Documents for the Contract Price and within the Contract
Time indicated in this Bid and in accordance with the Contract
Documents.
2. BIDDER accepts all of the terms and conditions of the Instructions to
Bidders, including without limitation those dealing with the disposition of
Bid Security. This Bid will remain open for ninety (90) days after the day
of Bid opening. BIDDER will sign the Agreement and submit the
Contract Security and other documents required by the Contract
Documents within five (5) days following its presentation.
3. In submitting this Bid, BIDDER represents, as more fully set forth in the
Agreement, that:
(a)
(b)
BIDDER has examined copies of all the Contract Documents and of
the following addenda:
Date Number
(receipt of all of which is hereby acknowledged and also copies of
the Advertisement of Invitation to Bid and the Instructions to
Bidders);
BIDDER has examined the site and locality where the Work is to be
performed, the legal requirements (federal, state and local laws,
ordinances, rules and regulations) and the conditions affecting cost,
progress or performance of the Work and has made such indepen-
dent investigations as BIDDER deems necessary;
3-1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
(c) This Bid is genuine and not made in the interest of or on behalf of
any undisclosed person, firm or corporation and is not submitted in
conformity with any agreement or rules of any group, association,
organization or corporation; BIDDER has not directly or indirectly
induced or solicited any other Bidder to submit a false or sham Bid;
BIDDER has not solicited or induced any person, firm or corpora-
tion to refrain from bidding; and BIDDER has not sought by
collusion to obtain for himself any advantage over any other
BIDDER or over OWNER; and
4. BIDDER will complete the Work for the following price(s).
(a) UNIT PRICES AS INDICATED IN BID SCHEDULE.
5. BIDDER agrees that the Work will be substantially completed within 270
calendar days from the date of the Notice to Proceed and completed
within 300 calendar days after the date when the Contract Time
commences to run.
BIDDER accepts the provisions of the Agreement as to Liquidated
Damages in the event of failure to complete the Work on time.
6. The following documents are attached to and made a condition of this
Bid:
(a) Required Bid Security in the form of (Cashier's or Certified
Check or Bid Bond) .
(b) A tabulation of Subcontractors and other persons and organizations
required to be identified in this Bid.
(c) Required Bidders Qualification Statement with supporting data.
7. Communications concerning this Bid shall be addressed to:
The address of BIDDER indicated below.
8. The terms used in this Bid which are defined in the General Conditions of
the Construction Contract included as part of the Contract Documents
have the meanings assigned to them in the General Conditions.
B -2
1
1
1
1
1
1
1
1
If BIDDER is:
An Individual
By
doing business as
Business address:
Phone No.
A Partnership
By
Business address:
Phone No.
A Corporation j�
By NI ?AVM PiG C (A
(Corporation Name)
By
�ELAW
(Individual's Name)
(Firm Name)
(General Partner)
(State of Inc orporation)
N me of Pe n Authorized to Sign)
/w6'fREhi4ENT"
(Title)
B -3
(SEAL)
(SEAL)
CoePogAllov
1
1
1
.1
1
1
1
1
1
1
1
1
1
1
(Corporate Seal)
Attest
Phone No.
A Joint Venture
By
By
Business address: `?�d O (Secret arideL54,tv
dk.) ®tea 7X7, a
(.57.1-) g 3 - 7 rk.
(Name)
(Address)
(Name)
(Address)
(Each joint venturer must sign. The manner of signing for each individual,
partnership and corporation that is a party to the joint venture should be in the
manner indicated above.)
B-4
Mayor and City Council
City of Round Rock
214 E Main Street
Round Rock, Texas 78680
c/o Espey, Huston & Associates, Inc.
110 South Brown Street
P.O. Box 1269
Round Rock, Texas 78680
Dear Sir:
BID SCHEDULE
The undersigned, in compliance with your invitation for bids for con-
struction of McNeil Road Phase II C.LP. Street & Drainage Improvements, having
examined the plans, specifications and bidding documents, the site of the proposed
work, and being familiar with all of the conditions surrounding construction of the
proposed project; proposes to furnish all labor, materials and equipment and perform
all work required for construction of the project in accordance with the plans,
specifications and contract documents for the following prices:
B -5
July, 1987
•• — MI — — = NM MN MI NM • OM = MI = MO M MO
No.
Estimated
Quantity
Written Price and Description
1. 40,834 SY Street excavation, complete in place per $ 2.30 $ 93, 918.20
square yard for
Two Dollars
Thirty Cents
2. 40,834 SY Subgrade preparation, complete in place 1.00 40,834.00
per square yard for
One Dollars
No Cents
3. 35,384 SY l334" compacted flexible base, $ 6.00 $ 212,304.00
complete in place per square
yard for
Six Dollars
No Cents
4. 35,384 SY 3'h" Hot Mixed Asphaltic Concrete, complete 6.10 215,842.40
in place per square yard for
Six Dollars
Ten Cents
BID SCHEDULE
Unit Total
Price Price
z
EN No No Ns ow No me Ea am um me I me um R - -- EU
No.
5.
7.
Estimated
Quantity
Five
No
BID SCHEDULE (Cont'd)
Written Price and Description
12,158 LF Concrete curb and gutter, complete in $
place per linear foot for
Dollars
Cents
6. 22 EA 10' Type I Standard Curb Inlet,
complete in place per each for
Two Thousand Dollars
No Cents
1 EA 20' Type I Standard Curb Inlet,
complete in place per each for
Three Thousand Dollars
No Cents
Unit Total
Price Price
5.00 $ 60,790.00
2,000.00 $44,000.00
3,000.00 $3,000.00
No.
8.
11.
Estimated
Quantity
Three Hundred
No
Five Hundrpri Twenty Dollars
Nn Cents
One Thousand One Hundred Dollars
No Cents
One Thousand Three Hundred Dollars
No Cents
BID SCHEDULE (Cont'd)
Written Price and Description
49.69 VF 10' Curb Inlet extension @extra depths,
complete in place for
Dollars
Cents
9. 3.28 VF 20' Curb Inlet extension @extra depths,
complete in place for
10. 1 EA 4' diameter manhole, 0 -8 VF,
complete in place per each for
2 EA 5' diameter manhole, 0 -8 VF,
complete in place per each for
Unit Total
Price Price
300.00 $14,907.00
520.00 $ 1,705.60
1,100.00 $ 1,100.00
$ 1,300.00 $ 2,600.00
tt
Nom — — — — — — m — m m — — — — as
No.
Estimated
Quantity
12. 4 EA 6' diameter manhole, 0 -8 VF,
complete in place per each for
One Thousand
Six Hundred Dollars
No Cents
13. 2 EA 7' diameter manhole, 0 -8 VF,
complete in place per each for
Two Thousand
Two Hundred Dollars
No Cents
14. 9 EA Raising manhole castings, complete in place
per each for
One Hundred Fifty Dollars
No Cents
15. 14 VF Manhole extension @ extra depths, 100.00 $ 1,400.00
complete in place for
One Hundred Dollars
Written Price and Description
No Cents
BID SCHEDULE (Cont'd)
Unit Total
Price Price
1,600.00
$ 6,400.00
2,200.00 $ 4,400.00
$ 150.00 $ 1,350.00
t• I U M M - - - -= I ME M— I M
No.
Estimated
Quantity
Written Price and Description
16. 1,113 LF 18" RCP storm sewer pipe, C1.III at all
depths, complete in place per linear foot
for
Nineteen Dollars
No Cents
17. 957 LF 24" RCP storm sewer pipe, C1.U1 at all
depths, complete in place per linear foot
for
Tw enty -Six Dollars
No Cents
18. 270 LF 30" RCP storm sewer pipe, C1.UI at all
depths, complete in place per linear foot
for
Thirty -Three Dollars
No Cents
Forty - One Dollars
No Cents
BID SCHEDULE (Cont'd)
19. 968 LF 36" RCP storm sewer pipe, C1.IU at all
depths, complete in place per linear foot
for
Unit Total
Price Price
19.00 $ 21,147.00
26.00 $ 24,882.00
$ 33.00 $ 8,910.00
$41.00 $ 39,688.00
EM I NM MI M EN EM MN • - - I MI MN MN
No.
Estimated
. Quantity
Sixty -One Dollars
No Cents
Sixty -Seven Dollars
No Cents
Eighty- ThreeDollars
No Cents
BID SCHEDULE (Cont'd)
Written Price and Description
20. 24 LF 42" RCP storm sewer pipe, C1.DI at all
depths, complete in place per linear foot
for
21. 1,507 LF 48" RCP storm sewer pipe, C1.11I at all
depths, complete in place per linear foot
for
22. 1,030 LF 54" RCP storm sewer pipe, C1.II1 at all
depths, complete in place per linear foot
for
23. 627 LF 60" RCP storm sewer pipe, Cl. III at all
depths, complete in place per linear foot
for
One Hundred
Ten Dollars
No Cents
Unit Total
Price Price
61.00 $ 1,464.00
67.00 $100,969.00
$ 83.00 $ 85,490.00
110.00 $ 68,970.00
I O M M - -- MN NM - • NM • I -- - E OM
No.
26.
Estimated
Quantity
One Hundred Sixty -Five Dollars
No Cents
Eight Hundred Thirty Dollars
No Cents
1,086 LF
Six Dollars
Nn Cents
BID SCHEDULE (Cont'd)
Written Price and Description
24. 138 LF 60" RCP storm sewer pipe, Cl. V at all
depths, complete in place per linear foot
for
2" PVC carrier pipe (ASTM D -2241)
w /plugs at all depths, complete in
place per linear foot for
27. 7 EA Concrete valley gutter, complete in place
per each for
Two Thousand
Two Hundred Dollars
Nn Cents
Unit Total
Price Price
165.00 $ 22,770.00
25. 96 LF Bore for 60" RCP storm sewer pipe, 830.00 $ 79,680.0
complete in place per linear foot for
6.00 $ 6,516.00
2,200.00 $ 15,400.00
• - - - i I MI MI N = I I M- -- MN I N
No.
Estimated
Quantity
Written Price and Description
28. 28,609 SF 5' Reinforced concrete sidewalk, complete $ 1.70 $ 48,635.30
in place per square foot for
One Dollars
Seventy Cents
29. 1 LS Removal of existing culverts, complete per 1,000.00 $ 1,000.00
lump sum for
One Thousand Dollars
No Cents
30. 1,363 SF Concrete driveways, Type I, complete
in place per square foot for
Two Dollars
Twenty Cents
31. 3,158 SF Concrete driveways, Type 11, complete 2.20 $ 6,947.60
in place per square foot for
Two Dollars
Twenty Cents
Two Hundred Fi £ty Dollars
No Cents
BID SCHEDULE (Cont'd)
32. 9 EA Sidewalk ramps, Type I, complete in
place per each for
Unit Total
Price Price
2.20 $ 2,998.60
250.00 $ 2,250.00
IMIll N MI NM MI • N MI =• MI I I MO NM MI I =•
No.
Estimated
Quantity
33. 1 LS Signage, traffic control and
construction of roadway improvements
as per plans for maintaining two open
traffic lanes during construction,
complete in place per lump
sum for
Forty Thousand Dollars
No Cents
34. 1 LS • Permanent striping, marking, reflectorized
traffic markers and buttons and signage,
complete in place per lump sum for
Five Thousand
Five Hundred Dollars
No Cents
35. 1 LS Permanent Erosion Controls, complete
in place per lump sum for
Five Thousand Dollars
No Cents
TOTAL STREET AND DRAINAGE IMPROVEMENTS
One Million Two Hundred Ninety -Two Thousand
Seven Hundred Sixty -Eight Dollars
Seventy Cents
BID SCHEDULE (Coned)
Written Price and Description
(In case of discrepancy between Bid Price in words and figures above, Price in words shall govern.)
Unit Total
Price Price
$40,000.00 $ 40,000.00
5,500.00 $ 5,500.00
5,000.00 $ 5,000.00
$ 1,292,768.70
ANY DISPUTE ARISING OUT OF THESE
CONTRACT DOCUMENTS MAY BE SUBJECT TO
ARBITRATION UNDER THE TEXAS GENERAL
ARBITRATION ACT, ARTICLE 224, V.A.C.S., AS
AMENDED. THE ARBITRATION PROCEDURES ARE SET
FORTH IN THE GENERAL AND SUPPLEMENTARY CONDITIONS.
THE STATE OF TEXAS 1
COUNTY OF WILLIAMSON 1
THIS GREEMENT is dated as of the �dday of
42rizir2Lk12_
in the year 19 r �by and between the City of Round Rock
Article 1. WORK
Article 2. ENGINEER
AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
A -
City of Round Rock
(hereinafter called OWNER) and
Austin Paving Company
(A Delaware 6orporation)
(hereinafter called CONTRACTOR)
OWNER and CONTRACTOR, in consideration of the mutual covenants
hereinafter set forth, agree as follows:
CONTRACTOR shall complete all Work as specified or indicated in the
Contract Documents. The Work is generally described as follows:
This project includes, but is not limited to, the widening and
improvement of approximately 7,000 linear feet of McNeil Road, with improvements
to portions of Blue Jay Way and St. Williams Avenue.
The Project has been designed by: Espey, Huston & Associates, Inc.,
Round Rock, Texas.
who is hereinafter called ENGINEER and who will assume all duties and respon-
sibilities and will have the rights and authority assigned to ENGINEER in the
Contract Documents in connection with completion of the Work in accordance with
the Contract Documents.
Article 3. CONTRACT TIME
3.1 The Work will be substantially completed within 270 calendar days after
the date when the Contract Time commences to run as provided in
paragraph 2.3 of the General Conditions, and completed and ready for
final payment in accordance with paragraph 14.13 of the General
Conditions within 300 calendar days after the date when the Contract
Time commences to run.
3.2 Liquidated Damages. OWNER AND CONTRACTOR recognize that time
is of the essence of this Agreement and that OWNER will suffer
financial loss if the Work is not substantially complete within the time
specified in paragraph 3.1 above, plus any extensions thereof allowed in
accordance with Article 12 of the General Conditions. They also
recognize the delays, expense and difficulties involved in proving in a
legal or arbitration proceeding the actual loss suffered by OWNER if the
Work is not substantially complete on time. Accordingly, instead of
requiring any such proof, OWNER and CONTRACTOR agree that as
liquidated damages for delay (but not as a penalty) CONTRACTOR shall
pay OWNER Five Hundred dollars ($500.00) for eash day that expires
afer the ime specified in paragraph 3.1 for substantial completion until
and Work is substantially complete.
Article 4. CONTRACT PRICE
4.1 OWNER shall pay CONTRACTOR for performance of the Work in
accordance with the Contract Documents in current funds as follows:
See Attached Bid Schedule.
Article 5. PAYMENT PROCEDURES
Contractor shall submit Applications for Payment in accordance with
Article 14 of the General Conditions. Applications for Payment will be processed by
ENGINEER as provided in the General Conditions.
5.1 Progress Payments. OWNER shall make progress payments on account
of the Contract Price on the basis of CONTRACTOR's Applications for
Payment as recommended by ENGINEER, on or about the 15th day of
each month during construction as provided below. All progress pay-
ments will be on the basis of the progress of the Work measured by the
A -2
schedule of values provided for in paragraph 14.1 of the General
Conditions.
5.1.1 Prior to Substantial Completion progress payments will be in an amount
equal to:
Article 6. INTEREST
90% of the Work completed unless otherwise stated in Division 1 General
Requirements, Section 01025 Measurement and Payment, and
90% of materials not incorporated in the Work but delivered and suitably
stored, less in each case the aggregate of payments previously made.
5.1.2 Upon Substantial Completion, OWNER shall pay an amount sufficient to
increase total payments to CONTRACTOR to 90% of the Contract
Price, less such amounts as ENGINEER shall determine in accordance
with paragraph 14.7 of the General Conditions.
5.2 Final Payment. Upon final completion and acceptance of the Work in
accordance with paragraph 14.13 of the General Conditions, OWNER
shall pay the remainder of the Contract Price as recommended by
ENGINEER as provided in said paragraph 14.13.
All moneys not paid when due as provided in Article 14 of the General
Conditions shall bear interest at the rate of ten percent (10 %) per year,
provided, however, that in no event shall the interest due be at a rate
higher than the maximum rate allowed by law at the place of the
project.
Article 7. CONTRACTOR'S REPRESENTATIONS
In order to induce OWNER to enter into this Agreement CONTRACTOR
makes the following representations:
7.1 CONTRACTOR has familiarized himself with the nature and extent of
the Contract Documents, Work, locality and with all local conditions and
federal, state and local laws, ordinances, rules and regulations that in
any manner may affect cost, progress or performance of the Work.
7.2 CONTRACTOR has studied carefully all reports of investigations and
tests of subsurface and latent physical conditions at the site or otherwise
affecting cost, progress or performance of the Work which were relied
upon by ENGINEER in the preparation of the Drawings and Specifica-
tions and which have been identified in the Supplementary Conditions.
7.3 CONTRACTOR has made or caused to be made examinations, investiga-
tions and tests and studies of such reports and related data in addition to
those referred to in paragraph 7.2 as he deems necessary for the
A -3
performance of the Work at the Contract Price, within the Contract
Time and in accordance with the other terms and conditions of the
Contract Documents; and no additional examinations, investigations,
tests, reports or similar data are or will be required by CONTRACTOR
for such purposes.
7.4 CONTRACTOR has correlated the results of all such observations,
examinations, investigations, tests, reports and data with the terms and
conditions of the Contract Documents.
7.5 CONTRACTOR has given ENGINEER written notice of all conflicts,
errors or discrepancies that he has discovered in the Contract Docu-
ments and the written resolution thereof by ENGINEER is acceptable to
CONTRACTOR.
7.6
Article 8. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between
OWNER and CONTRACTOR are attached to this Agreement, made a part hereof
and consists of the following:
8.1 This Agreement (pages A -1 to A -6, inclusive).
8.2 Exhibits to this Agreement: Bid Schedule.
8.3 Performance and other Bonds.
8.4 Notice of Award.
8.5 General Conditions (pages GC -i to GC -53, inclusive).
8.6 Supplementary Conditions.
8.7 Specifications either attached or referenced.
8.8 Drawings, consisting of a cover sheet and sheets with each sheet bearing
the general title as stated in Article 1 of this Agreement.
8.9 Addenda numbers to , inclusive).
8.11 Documentation submitted by CONTRACTOR prior to Notice of Award.
8.12 Any Modification, including Change Orders, duly delivered after execu-
tion of Agreement. -
A-4
There are no Contract Documents other than those listed above in this
Article 8. The Contract Documents may not be altered, amended or repealed by a
Modification (as defined in Section 1 of the General Conditions).
Article 9. MISCELLANEOUS
9.1 Terms used in this Agreement which are defined in Article 1 of the
General Conditions shall have the meanings indicated in the General
Conditions.
9.2 No assignment by a party hereto of any rights under or interests in the
Contract Documents will be binding on another party hereto without the
written consent of the party sought to be bound; and specifically but
without limitation, moneys that may become due and moneys that are
due may not be assigned without such consent (except to the extent that
the effect of this restriction may be limited by law), and unless
specifically stated to the contrary in any written consent to any
assignment, no assignment will release or discharge the assignor from
any duty or responsibility under the Contract Documents.
9.3 OWNER and CONTRACTOR each binds himself, his partners, successors,
assigns and legal representatives to the other party hereto, his partners,
successors, assigns and legal representatives in respect to all convenants,
agreements and obligations contained in the Contract Documents.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement
in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR
and ENGINEER. All portions of the Contract Documents have been signed or
identified by OWNER and CONTRACTOR or by ENGINEER on their behalf.
A -5
i1
BY
This Agreement will be effective on
City of Round Rock
OWNER
-744
(CORPORATE SEAL)
Attes
Address for giving notices
214 East Main Street
Round Rock, Texas 78680
(If OWNER is a public body attach
evidence of authority to sign and
resolution or other document
authorizing execution of Agreement.)
A-6
Attest
Austin Paving Company
(A Delaware Corporation)
CONTRACTOR
(CORPORATE SEAL)
Address for giving'rotices
-1 ;1%,
428 East Anderson Lane
License No.
Agent for service of process
Austin, Texas 78752
Ma a to eendy to
L
that policies of onsuranee as oesenoed below have been maned and are in force.
Name and Address of Insured:
Austin Pavino Company A Delaware Corporation; 428 Anderson Lane, Austin Texas 78752
LOCATION AND DESCRIPTION OR WORK TEXAS —ALL OPERATIONS OF THE INSURED
Workmen's
Compensation
General
Liability
Construction and construction - related activities
Automobile
Liability
PS1651 (7166)
CERTIFICATE OF INSURANCE
City of Round Rock
214 E. Main Street
Round Rock, Texas 78664
J
McNeil Road. Phase TT. CTP street and drainage improvements
BRITISH AMERICAN INSURANCE COMPANY
COVERAGE POLICY NUMBER EXPIRATION LIMITS OF LIABILITY
WC -64000
Coverage B—
Employer's Liability WC -64000 5100,000 each occurrence
CGL -64000
CAL -64000
Workmen's Compensation Includes The Following Coverages:
A. Coverage for U.S. Longshoremen & Harborworkers Act
B. Coverage for the Jones Act
C. Outer continental shelf endt.
General Liability Includes The Following Coverages:
1. Premises — Operations'
2. Independent Contractors
3. Contractual Coverage for all written contracts
4. Property damage Liability arising out of the "XCU" hazards
5. Completed Operations— Products
- 6. Broad Form Property Damage
- 7. Watercraft Liability
Automobile Liability Includes The Following Coverages:
1. All owned vehicles
2. Employer's Non - ownership Liability
3. Hired Automobiles
1 -1 -88 Statutory
In Conformance with the Compensation
Laws of All States
1 -1 -88 51,000,000
Combined Single Limit
1 -1 -88 51,000,000
Combined Single Limit
OTHER
COVERAGE POLICY NUMBER EXPIRATION LIMITS OF LIABILITY
Umbrella (British UPtB -11000 1/1/88 $1,000,000 excess of
American Ins. Co.) primary $1,000,000
See Attached
This Certificate of Insurance neither affirmatively or negatively amends, extends or alters the coverage afforded
by the Policy(s) described.
In the event of any material change in or cancellation of the policies, the companies named herein will give 30
days prior written notice of such change or cancellation to the party to whom this certificate addressed.
Dated at Dallas Texas gust 2 1987
P zed
wesemab
AVERAGES -
CERTIFICATE OF INSURANCE
BODILY
INJURY
PROPERTY
DAMAGE
BI & PD
COMBINED
PROPERTY
DAMAGE
- PERSONAL INJURY
B1& PO
COMBINED
LIMED $ 5,000,
10,000
STATUTORY
(EACH ACCIDENT)
(DISEASE - POLICY LIMIT)
(DISEASE -EACH EMPLOYEE)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMP • Y, ITS AGENTS OR REPRESENTATIVES.
$5,000,
ZERTIFICATE11OLDEA r i ANCEli�L�7DN c
ACO
1LTR
%ADDUCER
1 CORROON & BLACK /ELLIS CROTTY POWERS
• 8300 Douglas Ave., Suite 700 COMPANIES AFFORDING COVERAGE
Dallas, Texas 75225
(214) 987 -2100 COMPANY
LETTER A U. S. Fire Insurance Company
INSURED
I AUSTIN INDUSTRIES, INC. (etal)
2949 Stemmons Freeway
• Dallas, Texas 75221
(Austin Paving Company)
A
B
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REOL'IREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS. AND CONDI.
TIONS OF SUCH POLICIES.
TYPE OF INSURANCE
GENERAL UABILITY
OTHER
COMPREHENSIVE FORM
PREMISES/OPERATIONS
UNDERGROUND
EXPLOSION & COLLAPSE HAZARD
PRODUCTS/COMPLETED OPERATIONS
CONFRACIUAI-
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY
AUTOMOBILE LIABILITY .
ANY AUTO
ALL OWNED AUTOS (PRIV. PASS )
ALL L0,00 AUTOS (9R)
- HIRED AUTOS
NON•OWNED AUTOS
GARAGE LIABILITY
EXCESS UABILITY
UMBRELLA FORM -
X OTHER THAN UMBRELLA FORM
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
City :of Round Rock
214 E. Main Street
Round Rock, TX 78664
POLICY NUMBER
523445929
46XSS63140
DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES/SPECIAL ITEMS
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
CC PA B Hartford Casualty Company
COMPANY C
LETTER
COMPANY D
LETTER
COMPANY E
LETTE
POLICY EFFECTIVE
DATE IMM'OO/YY)
01/01/87
01/01/87
POLKY EXPIRATION
GATE (MM
01/01/88
01/01/88
LIABILITY LIMITS IN THOUSANDS
POLICY PROVISIONS — PART 1
ANN RAILROAD PROTECTIVE LIAIIILITY POLICY
:British American insurance Company
P.O. BOX 1590 / 2949 STEMMONS / DALLAS, TEXAS USA 75221 / (214- 630 -5100)
STOCK COMPANY
BRITISH AMERICAN INSURANCE COMPANY
(A stock insurance company, herein called the company)
Agrees with the insured, named in the declarations made o port hereof, in consideration of the payment of the pre-
mium and in reliance upon the statements in the declarations made by the named insured and subject to all of the
terms of this policy:
INSURING AGREEMENTS
1. Coverage A— Bodily Injury Liability
To pay on behalf of the insured all sums which the
insured shall become legally obligoted to pay as
damages because of bodily injury, sickness, or disease, II.
including death at any time resulting therefrom, here-
inafter called "bodily injury," either (1) sustained by
any person arising out of acts or omissions at the
designated job site which are related to or are in con-
nection with the work described in Item 6 of the
declarations, or (2) sustained at the designated job
site by the contractor or any employee of the con-
tractor, or by any employee of the governmental
authority specified in Item 5 of the declarations, or
by any designated employee of the insured, whether
or not arising out of such acts or omissions.
Coverage B — Property Damage Liability
To pay on behalf of the insured all sums which the
insured shall become legally obligated to pay as dam-
ages because of physical injury to or destruction of
property, including loss of use of any property due
to such injury or destruction, hereinafter called
"property damage ", arising out of acts or omissions
of the designated job site which are related to or ore
in connection with the work described in Item 6 of
the declarations.
Coverage C— Physical Damage to Property
To pay for direct and occidental loss of or domage
to rolling stock and their contents, mechanical con-
struction equipment, or motive power equipment,
hereinafter called loss, arising out of acts or omissions
at the designated job site which ore related to or are
in connection 'with the work described In Item 6 of
the declarations; provided such property is owned by
the named insured or is lensed or entrusted to the
named insured under a lease or trust agreement.
Definitions
(a) Insured –The unqualified word "insured" includes
the named insured and also includes ony execu-
tive officer, director or stockholder thereof while
acting within the scope of his duties as such.
(b) Contractor – The word "contractor" means the
contractor designated in Item 4 of the declara-
tions and includes all subcontractors of said con-
tractor but shall not include the named insured.
(c) Designated employee of the insured – The words
"designated employee of the 'insured' " meon:
(1) any supervisory employee of the insured at
the job site,
(2) any employee of the insured while operating,
attached to or engaged on work trains or other
railroad equipment at the job site which are
assigned exclusively to the contractor, or
(3) any employee of the insured not within (1) or
(2) who is specifically loaned or assigned to
work of the contractor for prevention of acci-
dents or protection of property, the cost of
whose services is borne specifically by the
contractor or by governmental authority.
(d) Contract – The word "contract" means any con-
tract or agreement to carry a person or property
for o consideration or any lease, trust or inter-
change contract or agreement respecting motive
power, rolling stock or mechanical construction
equipment.
III. Defense, Settlement, Supplementary Payments
With respect to such insurance as is afforded by
this policy under coverages A and B, the company
shall:
(o) defend any suit agoinst the insured alleging such
bodily injury or property damage and seeking
damages which are payable under the terms of
this policy, even if any of the allegations of the
suit are groundless, false or fraudulent; but the
company may make such investigation and settle-
ment of any cloim or suit as it deems expedient;
(b) pay, in addition to the applicable limits of liability:
(1) all expenses incurred by the company, all
costs taxed against the insured in any such
suit and all interest on the entire amount of
any judgment therein which accrues after
entry of the judgment and before the company
hos paid or tendered or deposited in court that
part of the judgment which does not exceed
This policy does not apply:
(a) to liability assumed by the insured under any con-
tract or agreement except o contract as defined
herein;
(b) to bodily injury or property damage caused in-
tentionally by or at the direction of the insured;
(c) to bodily injury, property damage or loss which
occurs after notification to the named insured of
the acceptance of the work by the governmental
authority, other thon bodily injury, property dam-
age or loss resulting from the existence or removal
of tools, uninstolled equipment and abandoned
or unused materials;
(d) under coverages A (1), B and E, to bodily injury,
property damage or loss, the sole proximate cause
of which is an act or omission of any insured other
than acts or omissions of any designoted employee
of any insured;
IV.
EXCLUSIONS
the limit of the company's liability thereon
(2) premiums on appeal bonds required in any
such suit, premiums on bonds to release at-
tachments for an amount not in excess of the
applicable limit of liability of this policy, but
without obligotion to apply for or furnish ony
such bonds;
(3) expenses incurred by the insured for such im-
mediate medical and surgical relief to others
as shall be imperative at the time of the
occurrence;
(4) all reasonable expenses, other than loss of
earnings, incurred by the insured at the com-
pany's request.
Policy Period, Territory
This policy applies only to occurrences and losses
during the policy period and within the United States
of Americo, its territories or possessions, or Canada.
(e) under coverage A, to any obligation for which the
insured or any carrier as his insurer may be held
liable under any workmen's compensation, unem-
ployment compensation or disability benefits law,
or under any similar law; provided that the Federal
Employers' Liability Act, U. S. Code (1946) Title
45, Sections 51 -60, as amended, shall for the
purposes of this insurance be deemed not to be
any similar law;
(f) under coverage B, to injury to or destruction of
property (i) owned by the named insured or (ii)
leased or entrusted to the named insured under
a lease or trust agreement.
(g) under coverage C, to Toss due to nuclear reaction,
nuclear radiation or radioactive contamination,
or to any act or- condition incident to any of the
foregoing.
Item 1. Named Insured
Address Union Pacific Railroad Company
c/o Espey, Huston and Associates
P.O. Box 1269
R and Rr� ck Texas 78680
Item 2. Policy' enod: From' gust 31, 1987 to Period o Contract
12:01 A.M., standard time at the designated job site as stated herein.
Item 3. The insurance afforded is only with respect to such of the following coverages as are indicated by specific
premium charge or charges. The limit of the company's liability against such coverage or coverages
shall be as stated herein, subject to all the terms of this policy having reference thereto.
Coverages
Limits of Liability
A Bodily Injury Liability
$ * each person
$ each occurrence
B Property Damage Liability
&
C Physical Damage to Property
$ each occurrence
$ * aggregate
Symbol numbers of endorsements forming
a part of this policy on its effective date 5 *$2,000, 000 /$6,000,000 Combined Single Limit
Item 4. Name and Address of Contractor Austin Paving Co., 428 E. Anderson Lane
Austin, Texas
Item 5. Name and Address of oxouta Aad;akAuthority for whom the work by the contractor is being performed
City of Round Rock, Texas
Item 6. Designation of the Job Site
and Description of Work
Premium
Basis
Rates
Advance Premiums
Cov. A 1 Cov. B & C
Cov. A
Cov. B & C
McNeil Road, Phase II
CIP street and drainage
imnrovements
Operations — Railroad
Code 40007s
(a) Contract Cost
(b) Rental Cost
(
a) .$594,525 1.:
within 50'
(a) Per $100 of
(b) Per $100 of
.43
x4.28
Cost
Rental Cost
Includ.
$10,942
Includ.
1.84
RAILROAD PROTECTIVE LIABILITY POLICY
(STATE OR FEDERAL HIGHWAY PROJECTS)
British American Insurance Company
P.O. BOX 1590 / 2949 STEMMONS / DALLAS, TEXAS USA 75221 / (214 -630 -5100)
DECLARATIONS —(PART 2) No. RP -30040
-
/
rsjgned by AuiT orized Representative
NAMED INSURED:
ADDRESS:
THIS ENDORSEMENT FORMS A PART OF THE DESIGNATED POLICY AND
APPLIES UNLESS OTHERWISE STATED HEREIN, AT THE EFFECTIVE
TIME AND DATE OF SUCH POLICY
Union Pacific Railroad Co.
c/o Epsey, Huston & Assoc.
P.O. Box 1269
Round Rock, 'Texas 78680
AMENDMENT OF RAILROAD PROTECTIVE LIABILITY FORM
• It is agreed that Insuring Agreement 1.- "Coverage C - Physical Damage
to Property" is amended to read:
To pay for direct and accidental loss of or damage to railroad
tracks, roadbeds, catenary, signals, bridges, buildings, rolling
stock and their contents, mechanical construction equipment, or
motive power equipment, hereinafter called loss, arising out of
acts or omissions at the designated job site which are related
s to or are in connection with work•described in Item 6 of the
declarations; provided such property is owned by the named
insured or is leased or entrusted to the named insured under a
lease or trust agreement.
THIS ENDORSEMENT SHALL NOT BE BINDING UPON THE COMPANY UNLESS
COUNTERSIGNED BY .A DULY AUTHORIZED REPRESENTATIVE 0 HE OMP
ENDORSEMENT NUNEER 1 COUNTERSIGNED B
British American Insurance Company
POLICY NUMBER RP -30040
EFF. DATE 8/31 ,19(17
ADDITIONAL$
RETURN $
NIL
NIL
The conditions, except conditions 3, 4, 5, 7, 8, 9, 10,
11 and 12, apply to all coverages. Conditions 3, 4, 5,
7, 8, 9, 10, 11 and 12 apply only to the coverage
noted thereunder.
1. Premium The premium bases and rotes for the haz-
ards described in the declarations are
stated therein. Premium bases and rotes for hazards
not so described are those applicable in accordance
with the manuals in use by the company.
The term "contract cost" means the total cost of all
work described in Item 6 of the declarations.
The term "rental cost" means the total cost to the
contractor for rental of work trains or other railroad
equipment, including the remuneration of all employ-
ees of the insured while operating, attached to or en-
gaged thereon.
The advance premium stated in the declarations is
an estimated premium only. Upon termination of this
policy the earned premium shall be computed in ac-
cordance with the company's rules, rates, rating plans,
premiums and minimum premiums applicable to this
insurance. If the earned premium thus computed ex-
ceeds the estimated advance premium paid, the com-
pany shall look to the contractor specified in the
declarations for any such excess; if less, the company
shall return to the said contractor the unearned por-
tion paid.
In no event shall payment of premium be on obli-
gation of the named insured.
2. Inspection The named insured shall make available
to the company records of information re-
lating to the subject matter of this insurance.
The company shall be permitted to inspect all
operations in connection with the work described in
Item 6 of the declarations.
3. Limits of Liability The limit of bodily injury liability
Coverage A stated in the declarations as ap-
plicable to "each person" is the
limit of the company's liability for
all damages, including damages for care and loss of
services, arising out of bodily injury sustained by one
person as the result of any one occurrence; the limit
of such liability stated in the declarations as appli-
cable to "each occurrence" is, subject to the above
provision respecting eoch person, the total limit of
the company's liability for all such damage arising
out of bodily injury sustained by two or more persons
as the result of any one occurrence.
4. Limits of Liability The limit of liability under cover- -
Coverages 8 and C ages B and C stated in the decla-
rations as applicable to "each
occurrence" is the total limit of
the company's liability for all damages and all loss
under coverages B and C combined arising out of
physical injury to, destruction or loss of all property
of one or more persons or organizations, including the
loss of use of ony property due to such injury or de-
struction under coverage B, as the result of any one
occurrence.
Subject to the obove provision respecting "each oc-
currence", the limit of liability under coverage B and
ATTACH DECLARATIONS PAGE (PART 2) TO TOP EDGE
Endorsements may be attached hers.
CONDITIONS
C stated in the declorotion as "aggregate" is the total
limit of the company's liability for all damages and
all loss under coverages B and C combined arising out
of physical injury to, destruction or loss of property,
including the loss of use of any property due to such
injury or destruction under Coverage B.
Under coverage C, the limit of the company's lia-
bility for loss shall not exceed the actual cosh value of
the property, or if the loss is of a part thereof the
actual cosh value of such port, at time of loss, nor
what it would then cost to repair or replace the proper-
ty or such part thereof with other of like kind and
quality.
5. Seterability of Interests The term "the insured" is
Coverages A and B used severally and not col-
lectively, but the inclusion
herein of more than one insured shall not operate to
increase the limits of the company's liability.
6. Notice In the event of on occurrence or loss, written
notice containing particulars sufficient to
identify the insured and also reasonably obtainable
information with respect to the time, place and cir-
cumstances thereof, and the names and addresses of
the injured and of available witnesses, shall be given
by or for the insured to the compony or any of its
authorized agents as soon as practicable. If claim is
mode or suit is brought against the insured, he shall
immediately forward to the company every demand,
notice, summons or other process received by him or
his representative.
7. Assistance and Cooperation The insured shall cooper -
of the Insured ate with the company and,
Coverages A and B upon the company's re-
quest, attend hearings and
trials and assist in making settlements, securing and
giving evidence, obtaining the attendance of witnesses
and in the conduct of suits. The insured shall not, ex-
cept at his own cost, voluntarily make any payment,
assume any obligation or incur any expense other than
for such immediate medical and surgical relief to
others as shall be imperative at the time of accident.
8. Action Against Company No action shell lie against
Coverages A and 8 the company unless, as a
condition precedent thereto,
the insured shall have fully
complied with all the terms of this policy, nor until
the amount of the insured's obligation to pay shall
have been finally determined either by judgment
against the insured after actual trial or by written
agreement of the insured, the claimant and the com-
pony.
Any person or organization or the legal representa-
tive thereof who has secured such judgment or written
agreement shall thereafter be entitled to recover under
this policy to the extent of the insurance afforded by
this policy. No person or organization shall hove any
right under this policy to join the company as a party
to any action agoinst the insured to determine the in-
sured's liability. Bankruptcy or insolvency of the in-
sured or of the insured's estate shall not relieve the
company of any of its obligations hereunder.
Coverage C No action shall lie against the com-
pany unless, as a condition precedent
thereto, there shall hove been full compliance with all
the terms of this policy nor until thirty days after
proof of Toss is filed and the amount of Toss is de-
termined as provided in this policy.
9. Insured's Duties in
Event of Loss In the event of Toss the insured
Coverage C shall:
(a) protect the property, whether or not the loss is
covered by this policy, and any further loss due
to the insured's failure to protect shall not be re-
coverable under this policy; reasonable expenses
incurred in affording such protection shall be
deemed incurred at the company's request;
(b) file with the company, as soon as practicable after
Toss, his sworn proof of loss in such form and in-
cluding such information as the company may
reasonably require and shall, upon the company's
request, exhibit the damaged property.
10. Appraisal If the insured and the company fail to
Coverage C agree as to the amount of loss, either
may, within 60 days after proof of loss
is filed, demand an appraisal of the loss.
In such event the insured and the company shall each
select a competent appraiser, and the appraisers shall
select a competent and disinterested umpire. The ap-
praisers shall state separately the actual cash value
and the amount of loss and failing to agree shall sub-
mit their differences to the umpire. An award in
writing of any two shall determine the amount of loss.
The insured and the company shall each poy his
chosen appraiser and shall bear equally the other ex-
penses of the appraisal and umpire. The company
shall not be held to have waived any of its rights by
any act relating to appraisal.
11. Payment of Loss The company moy pay for the loss
Coverage C in money but there shall be no aban-
donment of the damaged property to
the company.
12. No Benefit to Bailee The insurance afforded by this
Coverage C policy shall not enure directly or
indirectly to the benefit of any
carrier or bailee, other than the named insured, liable
for loss to the property.
13. Subrogation In the event of any payment under this
policy, the company shall be subrogated
to all the insured's rights of recovery therefor against
any person or organization and the insured shall exe-
cute and deliver instruments and papers and do what-
ever else is necessary to secure such rights. The
insured shall do nothing after loss to prejudice such
rights.
In Witness Whereof, this Company has executed and attested these presents; but this
Treasurer
14. Application of Insurance The insurance afforded by ,his
policy is primary insurance.
15. Three Year Policy A policy period of three years is
comprised of three consecutive
annual periods. Computation and adjustment of
earned premium shall be mode of the end of each an-
nual period. Aggregate limits of liability as stated in
this policy shall apply separately to each annual period.
16. Changes Notice to any agent or knowledge pos-
sessed by any agent or by any other person
shall not effect o waiver or a change in any part of
this policy or estop the company from osserting any
right under the terms of this policy; nor shall the
terms of this policy be waived or changed, except by
endorsement issued to form a part of this policy,
signed by a duly authorized representative of the com-
pany.
17. Assignment Assignment of interest under this policy
shall not bind the company until its con-
sent is endorsed hereon -
18. Cancellation This policy may be cancelled by the
named insured by mailing to the com-
pony written notice stating when thereafter the can-
cellation shall be effective. This policy may be can-
celled by the company by moiling to the named insured,
contractor and governmental authority at the re-
spective addresses shown in this policy written notice
stating when not less than thirty days thereafter such
cancellation shall be effective. The moiling of notice
as aforesaid shall be sufficient proof of notice. The
effective date and hour of cancellation stated in the
notice shall become the end of the policy period De-
livery of such written notice either by the named in-
sured or by the company shall be equivalent to mailing. -
If the named insured cancels, earned premium shall
be computed in accordance with the customary short
rate table and procedure. If the company cancels,
earned premium shall be computed pro rata. Premium
adjustment may be made either at the time cancel-
lation is effected or as soon as practicable after can-
cellation becomes effective, but payment or tender of
unearned premium is not a condition of cancellation.
19. Declarations By acceptance of this policy the named
insured agrees that such statements in
the declarations as are mode by him ore his agree-
ments and representations, that this policy is issued
in reliance upon the truth of such representations and
that this policy embodies all agreements existing be-
tween himself and the company or any of its agents
relating to this insurance.
polity shall not be valid unless countersigned by an authorized Agent of this Company.
President
STATE OF TEXAS
COUNTY OF TRAVIS
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That AUSTIN PAVING COMPANY
(A DELEAWARE CORPORATION) of the City of AUSTIN
County of TRAVIS , and State of TEXAS
as principal, and FEDERAL 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 Hf UND D NINETY TWO THOUSAN V N
HUNDRED SIXTY EIGHT & 70/100 _Dollars ($ 1,292,768.70 )
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 , 19
MCNEIL ROAD PHASE II C.I.P., STREET & DRAINAGE IMPROVEMENTS
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 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 hereto annexed, then this obligation shall
be void; otherwise to remain in full force and effect;
"PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of
(Article 5160 for Public Work) (Article 5472d for Private Work)* 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 copied at length herein."
*Not applicable for federal work. See "The Miller Act," 40 13.S.C.S270.
Copyright 1954, 1962, 1971 By, and Reprinted with, Permission of TS -ASCE.
PB -1
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 24th day of August , 19 87,
AUSTIN PAVING COMPANY=
(A DELAWARE CORPORATION)
Principal
By
Executive Vice President
Title
428 East Anderson Lane
Address
Austin, Texas 78752
The name and address of the Resident Agent of Surety is:
FRANK SIUUUNS iNaUfiANt t ?_
P.O. BOX 2125
AUSTIN, TEXAS 78768
PB-Z
FEDERAL INSURANCE COMPANY
Surety
Attorney -in -Fact
717 North Harwood #300
Dallas, Texas 75201
Title
Address
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
STATE OF TEXAS
COUNTY OF TRAVIS
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That AUSTIN PAVING COMPANY
(A DELAWARE CORPORATION) of the City of AUSTIN
County of TRAVIS , and State of TEXAS
as principal, and FEDERAL 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 TWO HUNDRED NINETY TWO THOUSAND SEVEN
HUNDRED SIXTY EIGHT & 70/100 Dollars ($ 1,292,768.70 ) for the pay-
ment 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 , 19� to
MCNEIL ROAD PHASE II C.I.P., STREET & DRAINAGE IMPROVEMENTS
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 the 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 copied at length herein.
Copyright 1954, 1962, 1971 By, and Reprinted with, Permission of TS -ASCE.
PB -3
Surety, for value received, stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the contract, or to the work performed
thereunder, or the plans, specifications or drawings accompanying the same, shall in
anywise affect its obligation on this bond, and it does hereby waive notice of any
such change, extension of time, alteration or addition to the terms of the contract,
or to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this
instrument this 24th day of August , 19 87.
AUSTIN PAVING COMPANY
(A DELAWARE CORPORATION)
Principal
By
Executive Vice President
Title
428 East Anderson Lane
Address
Austin, Texas 78752
The name and address of the Resident Agent of Surety is:
FRANK SWOONS INSURANCE
P.O. BOX 2125
AlIS11N, 78768
PB-4
FEDERAL INSURANCE COMPANY
Surety
Attorney -in -Fact
Title
717 North Harwood #300
Address
Dallas, Texas 75201
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I each its true and lawful Attorney -in -Fact to execute under such designation in Its name and to affix its corporate seal to and deliver for and on Its behalf as
surety thereon or otherwise, bonds of any of the following classes, to-wIC
1. Bonds and Undertakings filed In an suit, matter or proceeding In any Court. or riled with any Sheriff or Magistrate, for the doing or not doing of anything
specified In such Bond or Undertaking.
' 2. Surety bonds to the United States of America or any agency thereof, Including those required or permitted under the laws or regulations relating to Customs
or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village,
Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument bonds; Lease bonds, Workers' Compensa-
tion bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials.
3. Bonds on behalf of contractors in connection with bids, proposals or contracts.
I M %duress Whereof. ere said FEDERAL INSURANCE COMPANY ha ['moors ['moors de . s to 6y-Laws, maned these presents to be signed by Its Assistant Moe President and Assistant Secretary and its
c orporate seal tow hereto affixed data 1st day of January to 85
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Know all Man by these Presents, That the FEDERAL INSURANCE COMPANY, 15 Mountain View Road, Warren, New Jersey, a New Jersey Corpora-
tion, has constituted and appointed, end does hereby constitute and appoint R. Siddons, Jr., Robert C. Siddons, Steven B. Siddons, _
Betty Turner, Robert C. Fricke and Jeannie Jensen of Austin, Texas
Notarial Seal •'
STATE OF NEW JERSEY
County of Somerset
STATE OF NEW JERSEY
County of Somerset
POWER OF ATTORNEY
CERTWICATION
FEDERAL INSU '- COMPANY
BY
On we 1st day d January to 85 before me personally came fikhard D O'Connor to me known and by me known to be Assistant Secretary of the FEDERAL IN-
SURANCE COMPANY. me corporation daOibed In and which executed the foregoing Power of Attorney. and the Said Meuse Cr O'Connor being by me duly sworn, did depwe and say that he la Assistant Secretary
al Um FEDERAL INSURANCE COMPANY and knows the corporate aid thereof, that the seal affixed to the brogans Paccar of Attorney Is such corporal* seal and was thereto affixed by euhrodry of limey-Laws
of sad Company, and that he signed Sad Power of Attorney as Assistant Secretary of said Comp.,/ by Irk° authority: and that he is acquamted with George MCCINIan and knows him to be the Assistant Vida- President
of said Company, and the the signature of said George McClellan subscribed to sad Power of Attorney h in the genuine handwnting of aid George McClellan and was thereto subscribed by authority of said
Bylaws and in deponent's presence.
Acknowledged and Sworn to before me
on the date above wrinen
McClellan
Asah tans Vice-PlesWenl
Lute underwoned AS,liweSenetay of FEDERALtNSUeANCeCOMPAN hereby certify mat um foregoing Power °,Attorney 06. 1arce and effect.
�iN�
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Given undereyJand and the Mal of said Company M Warren NJ ml* ` `� days
CorporateSal'
Notary PubIo
' ALICE LEONARD '
NOTARY PUBLIC OF NEW JERSEY
My Commission Wires lave 23, 1983
I, the undenlgned, Assistant Secretary of me FEDERAL INSURANCE COMPANY. den hereby cenly that the following Is a true excerpt from the Bylaws of the said Company as adopted by den Board of Directors
on March 11, 1953 and most rxmtly emended March 11. 1993 and ON UU By eve b In lull torn and effect.
"ARTICLE %VIII.
Section 2. AN bona, uedenakinge, contraeb and crier instruments other man as above for and on behalf of the Company which It la authorised by law or a charter to execute, may
and shall be executed Inure name end an behatt of the Company either by the Chairman or the VkeChalnnan or the President or aVicePresident Warty whh the Secntay or en Asst ant
Secretary, under their respective designations. except the ay one or more officer. or aomeyHMam designated In any resolution of the 606091 of Directors or the 9000011ve Committee,
or In arty power of anomsy executed as provided for in Section 3 belm may execute any such bond. undertaking or other obligation es provided In such realutbn or power of attorney
Sacks S Asspowersd attorney for fold on behalf dthe Canpenymay and Mall be executed baR name and m behalf atheCompany, aftherby the eharmanor the vksCnNrmenathe President
asvlceNaidemor Asset/Intl/ice-President, foiMly wIth the Secretary. anAs ntSecretary, uMatheir respective designations Thesigneunof such Moss may be engraved, pdnted
' «InIagraphed."
I runner certify the said FEDERAL INSURANCE COMPANY Sally licensed minmact mew and arty business In each dthe Sate of the United States of Ametm. Maria of Columbia, Porno Rko, end each of the
Pnovlrces of Canada with the exception a Pam Edward Wane, W Is NSOduy Ncersed te become We sureyon bo ds. um... kings, etc.,permined or required by law.
9
PRINTm
U utA
STANDARD
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
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TABLE OF CONTENTS
OF GENERAL CONDITIONS
GC -i
- .4= "0:*,= -tta- Y
Article
Number Title Page
1 DEFINITIONS GC -1
2 PRELIMINARY MATTERS GC-4
3 CONTRACT DOCUMENTS: GC -6
INTENT AND REUSE
4 AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; GC -8
REFERENCE POINTS
5 BONDS AND INSURANCE GC -11
6 CONTRACTOR'S RESPONSIBILITIES GC -16
7 OTHER WORK GC -25
8 OWNER'S RESPONSIBILITIES GC -26
9 ENGINEER'S STATUS DURING CONSTRUCTION GC -Z7
10 CHANGES IN THE WORK GC -30
11 CHANGE OF CONTRACT PRICE GC -32
12 CHANGE OF CONTRACT TIME GC -38
13 WARRANTY AND GUARANTEE; TESTS AND GC -38
INSPECTIONS; CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
14 PAYMENTS TO CONTRACTOR AND COMPLETION GC-42
15 SUSPENSION OF WORK AND TERMINATION GC-48
16 ARBITRATION GC -51
17 MISCELLANEOUS GC -52
•
GC -ii
INDEX TO GENERAL CONDITIONS
Article or Paragraph
Number
Acceptance of Insurance 5.13
Access to the Work 13.2
Addenda -- definition of (see definition of Specifications) 1
Agreement — definition of 1
All Risk Insurance 5.6
Application for Payment — definition of 1
Application for Payment, Final 14.12
Application for Progress Payment 14.2
Application for Progress Payment - review of 14.4 thru 14.7
Arbitration 16
Availability of Lands 4.1
Award -- Notice of -- defined 1
Before Starting Construction 2.5 thru 2.7
Bid - definition of 1
Bonds and Insurance —in general 5
Bonds - definition of 1
Bonds, Delivery of 2.1, 5.1
Bonds, Performance and Other 5.1, 5.2
Cash Allowances 11.10
Change Order -- Definition of 1
Changes in the Work 10
Claims, Waiver of—on Final Payment 14.16
Clarifications and Interpretations 9.3
Cleaning 6.17
Completion 14
Completion, Substantial 14.8, 14.9
Conference — Pre - Construction 2.8
Construction Machinery, Equipment, etc. 6.4
Continuing Work 6.29
Contract Documents - definition of 1
Contract Documents — intent and reuse 3
Contract Documents—reuse of 3.5
Contract Price, Change of. 11
Contract Price — definition 1
Contract Time, Change of 12
Contract Time — Commencement of 2.3
Contract Time—definition of _ 1
INDEX (Continued)
Contractor—definition of 1
Contractor May Stop Work or Terminate 15.5
Contractor's Continuing Obligation 14.15
Contractor's Duty to Report Discrepancy in Documents 2.5, 3.2
Contractor's Fee - -Costs Plus 11.6
Contractor's Liability Insurance 5.3
Contractor's Responsibilities - -in general 6
Contractor's Warranty of Title 14.3
Contractual Liability Insurance 5.4
Copies of Documents 2.2
Correction or Removal of Defective Work 13.11
Correction Period, One Year 13.12
Correction, Removal or Acceptance of Defective 13.11 thru 13.14
Work —in general
Cost of Work 11.4, 11.5
Costs, Supplemental 11.4.5
Day - definition of 1
Defective Work, Acceptance of 13.13
Defective Work, Correction or Removal of 13.11
Defective - definition of 1
Defective Work —in general 13
Defective Work, Rejecting 9.4
Definitions 1
Delivery of Bonds 2.1
Disagreements, Decisions by Engineer 9.9, 9.10
Documents, Copies of 2.2
Documents, Record 6.19
Documents, Reuse 3.5
Drawings—definition of 1
Effective date of Agreement — definition of 1
Emergencies 6.22
Engineer—definition of 1
Engineer's — Notice Work is Acceptable 14.3
Engineer's Responsibilities, Limitations on 9.11 thru 9.14
Engineer's Status During Construction —in general 9
Engineer's— Recommendation of Payment 14.4, 14.13
Equipment, Labor, Materials and 6.3 thru 6.6
Equivalent Materials and Equipment _ 6.7
GC -iii
Article or Paragraph
Number
INDEX (Continued)
Article or Paragraph
Number
Fee, Contractor's- -Costs Plus 11.6
Field Order - definition of 1
Field Order-issued by Engineer 10.2
Final Application for Payment 14.12
Final Inspection 14.11
Final Payment, Recommendation of 14.13, 14.14
Final Payment and Acceptance 14.13
General Requirements - definition of 1
General Provisions 17.3, 17.4
Giving Notice 17.1
Guarantee of Work - -by Contractor 13.1
Indemnification 6.30 thru 6.32
Inspection, Final 14.11
Inspection, Tests and 13.3 thru 13.7
Insurance, Bonds and-in general 5
Insurance -- Certificates of 2.7 and 5
Insurance, Contractor's Liability 5.3
Insurance, Contractual Liability 5.4
Insurance, Owner's Liability 5.5
Insurance, Property 5.6 thru 5.12
Intent of Contract Documents 3.1 thru 3.4, 9.12
Interpretations and Clarifications 9.3
Investigations of Physical Conditions 4.2
Labor, Materials and Equipment 6.3 thru 6.6
Laws and Regulations 6.14
Liability Insurance- Contractor's 5.3
Liability Insurance- Owner's 5.5
Limitations on Engineer's Responsibilities 9.11
Materials and Equipment - furnished by Contractor 6.3
Materials or Equipment- Equivalent 6.7
Miscellaneous Provisions 17
Modification - definition of 1
Notice, Giving of 17.1
Notice of Award -- definition of 1
Notice of Acceptability of Project _ 14.13
GC -iv
Notice to Proceed - definition of
Notice to Proceed -- giving of
INDEX (Continued)
"Or- Equal" items 6.7
Other Contractors 7
Overtime Work -- prohibition of 6.3
Owner - definition of 1
Owner May Correct Defective Work 13.14
Owner May Stop Work 13.10
Owner May Suspend Work, Terminate 15.1 thru 15.4
Owner's Duty to Execute Change Orders 11.8
Owner's Liability Insurance 5.5
Owner's Representative -- Engineer to serve as 9.1
Owner's Responsibilities --in general 8
Owner's Separate Representative at Site 9.8
Partial Utilization 14.10
Partial Utilization- Property Insurance 5.14
Patent Fees and Royalties 6.12
Payments to Contractor - -in general 14
Payments, Recommendation of 14.4 thru 14.7.5
Pre - construction Conference 2.8
Performance, and other Bonds 5.1 thru 5.2
Permits 6.13
Physical Conditions - Investigations and Reports 4.2
Physical Conditions, Unforeseen 4.3
Preconstruction Conference 2.8
Preliminary Matters 2
Premises, Use of 6.16, 6.17, 6.18
Price -Change of Contract 11
Price - Contract - definition of 1
Progress Payment, Applications for 14.2
Progress Schedule 2.6, 14.1
Project - definition of 1
Project Representative, Resident-definition of 1
Project Representation- Provision for 9.8
Project, Starting 2.4
Property Insurance 5.6 thru 5.12
Property Insurance- Receipt and Application of Proceeds 5.11, 5.12
Property Insurance- Partial Utilization _ 5.14
Protection, Safety and ' 6.20 thru 6.21
GC-v
Article or Paragraph
Number
1
2.3
INDEX (Continued)
Recommendation of Payment 14.4, 14.13
Record Documents 6.19
Reference Points 4.4
Regulations, Laws and 6.14
Rejecting Defective Work 9.4
Remedies Not Exclusive 17.5
Removal or Correction of Defective Work 13.11
Resident Project Representative - definition of 1
Resident Project Representative - provision for 9.8
Responsibilities, Contractor's 6
Responsibilities, Owner's 8
Reuse of Documents 3.5
Royalties, Patent Fees and 6.13
Safety and Protection 6.20 thru 6.21
Samples 6.23
Schedule of Shop Drawing Submissions 2.6, 14.1
Schedule of Values 2.6, 14.1
Shop Drawings and Samples 6.23 thru 6.29
Shop Drawings - definition of 1
Site, Visits to -by Engineer 9.2
Specifications - definition of 1
Starting Construction, Before 2.5 thru 2.9
Starting the Project 2.4
Stopping Work - -by Contractor 15.5
Stopping Work -by Owner 13.10
Subcontractor - definition of 1
Subcontractors -in general 6.8 thru 6.11
Substantial Completion- certification of 14.8
Substantial Completion- definition of 1
Subsurface Conditions 4.2, 4.3
Supplemental Costs 11.4.5
Surety-consent to payment 14.12, 14.14
Surety - notice of changes 10.5
Surety-qualification of 5.1, 5.2
Suspending Work, by Owner 15.1
Suspension of Work and Termination - general 15
Superintendent - Contractor's 6.Z
Supervision and Superintendence 6.1, 6.2
GC - vi
Article or Paragraph
Number
Uncovering Work
Unit Prices
Unit Prices -- Adjustment of
Use of Premises
INDEX (Concluded)
Values, Schedule of 14.1
Visits to Site - -by Engineer 9.2
GC
Article or Paragraph
Number
Taxes -- Payment by Contractor 6.15
Termination - -by Contractor 15.5
Termination - -by Owner 15.2 thru 15.4
Termination, Suspension of Work and - -in general 15
Tests and Inspections 13.3 thru 13.7
Time, Change of Contract 12
Time, Computation of 17.2
Time, Contract — definition of 1
13.8, 13.9
11.3.1
11.9
6.16, 6.17, 6.18
Waiver of Claims —on Final Payment 14.16
Waiver of Rights by Insured Parties 5.10
Warranty and Guarantee by Contractor 13.1
Warranty of Title, Contractor's 14.3
Work, Access to 13.2
Work by Others - -in general 7
Work, Cost of 11.4, 11.5
Work Continuing During Disputes 6.29
Work -- definition of 1
Work, Neglected by Contractor 13.14
Work, Stopping by Contractor 15.5
Work, Stopping by Owner 15.1 thru 15.4
GENERAL CONDITIONS
ARTICLE 1-- DEFINTITONS
Wherever used in these General Conditions or in the other Contract
Documents, the following terms have the meanings indicated which are applicable to
both the singular and plural thereof:
Addenda -- Written or graphic instruments issued prior to the opening of Bids which
clarify, correct or change the bidding documents or the Contract Documents.
Agreement- -The written agreement between OWNER and CONTRACTOR covering
the Work to be performed; other Contract Documents are attached to the
Agreement and made a part thereof as provided therein.
Application for Payment —The form accepted by ENGINEER which is to be used by
CONTRACTOR in requesting progress or final payments and which is to include such
supporting documentation as is required by the Contract Documents.
Bid - -The offer or proposal of the bidder submitted on the prescribed form setting
forth the prices for the Work to be performed.
Bonds- -Bid, performance and payment bonds and other instruments of security.
Change Order —A document recommended by ENGINEER, which is signed by
CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the
Work, or an adjustment in the Contract Price or the Contract Time, issued on or
after the Effective Date of the Agreement.
Contract Documents — The Agreement, Addenda (which pertain to the Contract
Documents), CONTRACTOR's Bid (including documentation accompanying the Bid
and any post -Bid documentation submitted prior to the Notice of Award) when
attached as an exhibit to the Agreement, the Bonds, these General Conditions, the
Supplementary Conditions, the Specifications and the Drawings as the same are
more specifically identified in the Agreement, together with all amendments,
modifications and supplements issued pursuant to paragraphs 3.4 and 3.5 on or after
the Effective Date of the Agreement.
Contract Price —The moneys payable by OWNER to CONTRACTOR under the
Contract Documents as stated in the Agreement (subject to the provisions of
paragraph 11.9.1 in the case of Unit Price Work)•
Contract Time —The number of days (computed as provided in paragraph 17.2) or the
date stated in the Agreement for the completion of the Work.
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CONTRACTOR —The person, firm or corporation with whom OWNER has entered
into the Agreement.
Defective - -An adjective which when modifying the word Work refers to Work that is
unsatisfactory, faulty or deficient, or does not conform to the Contract Documents,
or does not meet the requirements of any inspection, reference standard, test or
approval referred to in the Contract Documents, or has been damaged prior to
ENGINEER's recommendation of final payment (unless responsibility for the pro-
tection thereof has been assumed by OWNER at Substantial Completion in accord-
ance with paragraph 14.8 or 14.10).
Drawings - -The drawings which show the character and scope of the Work to be
performed and which have been prepared or approved by ENGINEER and are
referred to in the Contract Documents.
Effective Date of the Agreement- -The date indicated in the Agreement on which it
becomes effective, but if no such date is indicated it means the date on which the
Agreement is signed and delivered by the last of the two parties to sign and deliver.
ENGINEER — The person, firm or corporation named as such in the Agreement.
Field Order —A written order issued by ENGINEER which orders minor changes in
the Work in accordance with paragraph 9.5 but which does not involve a change in
the Contract Price or the Contract Time.
General Requirements— Sections of Division 1 of the Specifications.
Laws and Regulations, Laws or Regulations- -Laws, rules, regulations, ordinances,
codes and /or orders.
Notice of Award —The written notice by OWNER to the apparent successful bidder
stating that upon compliance by the apparent successful bidder with the conditions
precedent enumerated therein, within the time specified, OWNER will sign and
deliver the Agreement.
Notice to Proceed - -A written notice given by OWNER to CONTRACTOR (with a
copy to ENGINEER) fixing the date on which the Contract Time will commence to
run and on which CONTRACTOR shall start to perform CONTRACTOR's obligations
under the Contract Documents.
OWNER —The public body or authority, corporation, association, firm or person with
whom CONTRACTOR has entered into the Agreement and for whom the Work is to
be provided.
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Partial Utilization— Placing a portion of the Work in service for the purpose for
which it is intended (or a related purpose) before reaching Substantial Completion
for all the Work.
Project- -The total construction of which the Work to be provided under the Contract
Documents may be the whole, or a part as indicated elsewhere in the Contract
Documents.
Resident Project Representative- -The authorized representative of ENGINEER who
is assigned to the site or any part thereof.
Shop Drawings - -All drawings, diagrams, illustrations, schedules and other data which
are specifically prepared by or for CONTRACTOR to illustrate some portion of the
Work and all illustrations, brochures, standard schedules, performance charts,
instructions, diagrams and other information prepared by a Supplier and submitted
by CONTRACTOR to illustrate material or equipment for some portion of the Work.
Specifications —Those portions of the Contract Documents consisting of written
technical descriptions of materials, equipment, construction systems, standards and
workmanship as applied to the Work and certain administrative details applicable
thereto.
Subcontractor —An individual, firm or corporation having a direct contract with
CONTRACTOR or with any other Subcontractor for the performance of a part of
the Work at the site.
Substantial Completion —The Work (or a specified part thereof) has progressed to the
point where, in the opinion of ENGINEER, as evidenced by ENGINEER's definitive
certificate of Substantial Completion, it is sufficiently complete, in accordance
with the Contract Documents, so that the Work (or specified part) can be utilized
for the purposes for which it is intended; or if there be no such certificate issued,
when final payment is due in accordance with paragraph 14.13. The terms
"substantially complete" and "substantially completed" as applied to any Work refer
to Substantial Completion thereof.
Supplementary Conditions- -The part of the Contract Documents which amends or
supplements these General Conditions.
Supplier - -A manufacturer, fabricator, supplier, distributor, materialman or vendor.
Underground Facilities — All pipelines, conduits, ducts, cables, wire, manholes,
vaults, tanks, tunnels or other such facilities or attachments, and any encasements
containing such facilities which have been installed underground to furnish any of
the following services or materials: electricity, gases, steam, liquid petroleum
products, telephone or other communications, cable television, sewage and drainage
removal, traffic or other control systems or water. -
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Unit Price Work- -Work to be paid for on the basis of unit prices.
Work —The entire completed construction or the various separately identifiable parts
thereof required to be furnished under the Contract Documents. Work is the result
of performing services, furnishing labor and furnishing and incorporating materials
and equipment into the construction, all as required by the Contract Documents.
Work Directive Change —A written directive to CONTRACTOR, issued on or after
the Effective Date of the Agreement and signed by OWNER and recommended by
ENGINEER, ordering an addition, deletion or revision in the Work, or responding to
differing or unforeseen physical conditions under which the Work is to be performed
as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work
Directive Change may not change the Contract Price or the Contract Time, but is
evidence that the parties expect that the change directed or documented by a Work
Directive Change will be incorporated in a subsequently issued Change Order
following negotiations by the parties as to its effect, if any, on the Contract Price
or Contract Time as provided in paragraph 10.Z.
Written Amendment —A written amendment of the Contract Documents, signed by
OWNER and CONTRACTOR on or after the Effective Date of the Agreement and
normally dealing with the nonengineering or nontechnical rather than strictly Work -
related aspects of the Contract Documents.
Delivery of Bonds:
ARTICLE Z-- PRELIMINARY MATTERS
2.1 When CONTRACTOR delivers the executed Agreements to OWNER,
CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be
required to furnish in accordance with paragraph 5.1.
Copies of Documents:
2.2 OWNER shall furnish to CONTRACTOR up to ten copies (unless other-
wise specified in the Supplementary Conditions) of the Contract Documents as are
reasonably necessary for the execution of the Work. Additional copies will be
furnished, upon request, at the cost of reproduction.
Commence of Contract Time; Notice to Proceed:
2.3 The Contract Time will commence to run on the thirtieth day after the
Effective Date of the Agreement, or, if a Notice to Proceed is given, on the day
indicated in the Notice to Proceed. A Notice to Proceed may be given at any time
within thirty days after the Effective Date of the Agreement. In no event will the
Contract Time commence to run later than the one hundred twentieth day after the
GC-4
day of Bid opening or the thirtieth day after the Effective Date of the Agreement,
whichever date is earlier.
Starting the Project:
2.4 CONTRACTOR shall start to perform the Work on the date when the
Contract Time commences to run, but no Work shall be done at the site prior to the
date on which the Contract Time commences to run.
Before Starting Construction:
2.5 Before undertaking each part of the Work, CONTRACTOR shall care-
fully study and compare the Contract Documents and check and verify pertinent
figures shown thereon and all applicable field measurements. CONTRACTOR shall
promptly report in writing to ENGINEER any conflict, error or discrepancy which
CONTRACTOR may discover and shall obtain a written interpretation or clarifica-
tion from ENGINEER before proceeding with any Work affected thereby; however,
CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report
any conflict, error or discrepancy in the Contract Documents, unless CONTRAC-
TOR had actual knowledge thereof or should reasonably have known thereof.
2.6 Within ten days after the Effective Date of the Agreement (unless
otherwise specified in the General Requirements), CONTRACTOR shall submit to
ENGINEER for review:
2.6.1 an estimated progress schedule indicating the starting and completion
dates of the various stages of the Work;
2.6.2 a preliminary schedule of Shop Drawing submissions; and
2.6.3 a preliminary schedule of values for all of the Work which will include
quantities and prices of items aggregating the Contract Price and will
subdivide the Work into component parts in sufficient detail to serve as
the basis for progress payments during construction. Such prices will
include an appropriate amount of overhead and profit applicable to each
item of Work which will be confirmed in writing by CONTRACTOR at
the time of submission.
2.7 Before any Work at the site is started, CONTRACTOR shall deliver to
OWNER, with a copy to ENGINEER, certificates (and other evidence of insurance
requested by OWNER) which CONTRACTOR is required to purchase and maintain in
accordance with paragraphs 5.3 and 5.4, and OWNER shall deliver to CONTRACTOR
certificates (and other evidence of insurance requested by CONTRACTOR) which
OWNER is required to purchase and maintain in accordance with paragraphs 5.6 and
5.7.
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Preconstruction Conference:
2.8 Within twenty days after the Effective Date of the Agreement, but
before CONTRACTOR starts the Work at the site, a conference attended by
CONTRACTOR, ENGINEER and others as appropriate will be held to discuss the
schedules referred to in paragraph 2.6, to discuss procedures for handling Shop
Drawings and other submittals and for processing Applications for Payment, and to
establish a working understanding among the parties as to the Work.
Finalizing Schedules:
2.9 At least ten days before submission of the first Application for Payment
a conference attended by CONTRACTOR, ENGINEER and others as appropriate will
be held to finalize the schedules submitted in accordance with paragraph 2.6. The
finalized progress schedule will be acceptable to ENGINER as providing an orderly
progression of the Work to completion within the Contract Time, but such
acceptance will neither impose on ENGINEER responsibility for the progress or
scheduling of the Work nor relieve CONTRACTOR from full responsibility therefor.
The finalized schedule of Shop Drawing submissions will be acceptable to ENGI-
NEER as providing a workable arrangement for processing the submissions. The
finalized schedule of values will be acceptable to ENGINEER as to form and
substance.
Intent:
ARTICLE 3-- CONTRACT DOCUMENTS:
INTENT, AMENDING, REUSE
3.1 The Contract Documents comprise the entire agreement between
OWNER and CONTRACTOR concerning the Work. The Contract Documents are
complementary; what is called for by one is as binding as if called for by all. The
Contract Documents will be construed in accordance with the law of the place of
the Project.
3.2 It is the intent of the Contract Documents to describe a functionally
complete Project (or part thereof) to be constructed in accordance with the
Contract Documents. Any Work, materials or equipment that may reasonably be
inferred from the Contract Documents as being required to produce the intended
result will be supplied whether or not specifically called for. When words which
have a well -known technical or trade meaning are used to describe Work, materials
or equipment, such words shall be interpreted in accordance with that meaning.
Reference to standard specifications, manuals or codes of any technical society,
organization or association, or to the Laws or Regulations of any governmental
authority, whether such reference be specific or by implication, shall mean the
latest standard specification, manual, code or Laws or Regulations in effect at the
GC -6
time of opening of Bids (or, on the Effective Dateof the Agreement if there were no
Bids), except as may be otherwise specifically stated. However, no provision of any
referenced standard specification, manual or code (whether or not specifically
incorporated by reference in the Contract Documents) shall be effective to change
the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of
their consultants, agents or employees from those set forth in the Contract
Documents, nor shall it be effective to assign to ENGINEER, or any of ENGINEER's
consultants, agents or employees, any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or authority to undertake
responsibility contrary to the provisions of paragraph 9.15 or 9.16. Clarifications
and interpretations of the Contract Documents shall be issued by ENGINEER as
provided in paragraph 9.4.
3.3 If, during the performance of the Work, CONTRACTOR finds a conflict,
error or discrepancy in the Contract Documents, CONTRACTOR shall so report to
ENGINEER in writing at once and before proceeding with the Work affected thereby
shall obtain a written interpretation or clarification from ENGINEER; however,
CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report
any conflict, error or discrepancy in the Contract Documents unless CONTRACTOR
had actual knowledge thereof or should reasonably have known thereof.
Amending and Supplementing Contract Documents:
3.4 The Contract Documents may be amended to provide for additions,
deletions and revisions in the Work or to modify the terms and conditions thereof in
one or more of the following ways:
3.4.1 a formal Written Amendment,
3.4.2 a Change Order (pursuant to paragraph 10.4), or
3.4.3 a Work Directive Change (pursuant to paragraph 10.1).
As indicated in paragraphs 11.2 and 12.1, Contract Price and Contract
Time may only be changed by a Change Order or a Written Amendment.
3.5 In addition, the requirements of the Contract Documents may be
supplemented, and minor variations and deviations in the Work may be authorized, in
one or more of the following ways:
3.5.1 a Field Order (pursuant to paragraph 9.5),
3.5.2 ENGINEER's approval of a Shop Drawing or sample (pursuant to para-
graphs 6.26 and 6.Z7), or
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3.5.3 ENGINEER's written interpretation or clarification (pursuant to para-
graph 9.4).
Reuse of Documents:
3.6 Neither CONTRACTOR nor any Subcontractor or Supplier or other
person or organization performing or furnishing any of the Work under a direct or
indirect contract with OWNER shall have or acquire any title to or ownership rights
in any of the Drawings, Specifications or other documents (or copies of any thereof)
prepared by or bearing the seal of ENGINEER; and they shall not reuse any of them
on extensions of the Project or any other project withoug written consent of
OWNER and ENGINEER and specific written verification or adaptation by
ENGINEER.
Availability of Lands:
ARTICLE 4-- AVAILABILITY OF LANDS: PHYSICAL
CONDITIONS; REFERENCE POINTS
4.1 OWNER shall furnish, as indicated in the Contract Documents, the lands
upon which the Work is to be performed, rights -of -way and easements for access
thereto, and such other lands which are designated for the use of CONTRACTOR.
Easements for permanent structures or permanent changes in existing facilities will
be obtained and paid for by OWNER, unless otherwise provided in the Contract
Documents. If CONTRACTOR believes that any delay in OWNER's furnishing these
lands, rights - of - way or easements entitles CONTRACTOR to an extension of the
Contract Time, CONTRACTOR may make a claim therefore as provided in
Article 12. CONTRACTOR shall provide for all additional lands and access thereto
that may be required for temporary construction facilities or storage of materials
and equipment.
Physical Conditions:
4.2.1 Explorations and Reports. Reference is made to the Supplementary
Conditions for identification of those reports of explorations and tests of
subsurface conditions at the site that have been utilized by ENGINEER
in preparation of the Contract Documents. CONTRACTOR may rely
upon the accuracy of the technical data contained in such reports, but
not upon nontechnical data, interpretations or opinions contained therein
or for the completeness thereof for CONTRACTOR's purposes. Except
as indicated in the immediately preceding sentence and in para-
graph 4.2.6, CONTRACTOR shall have full responsibility with respect to
subsurface conditions at the site.
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4.2.2 Existing Structures. Reference is made to the Supplementary Conditions
for identification of those drawings of physical conditions in or relating
to existing surface and subsurface structures (except Underground Facil-
ities referred to in paragraph 4.3) which are at or contiguous to the site
that have been utilized by ENGINEER in preparation of the Contract
Documents. CONTRACTOR may rely upon the accuracy of the tech-
nical data contained in such drawings, but not for the completeness
thereof for CONTRACTOR's purposes. Except as indicated in the
immediately preceding sentence and in paragraph 4.2.6, CONTRACTOR
shall have full responsibility with respect to physical conditions in or
relating to such structures.
4.2.3 Report of Differing Conditions. If CONTRACTOR believes that:
4.2.3.1 any technical data on which CONTRACTOR is entitled to rely as
provided in paragraphs 4.2.1 and 4.Z.Z is inaccurate, or
4.2.3.2 any physical condition uncovered or revealed at the site differs
materially from that indicated, reflected or referred to in the
Contract Documents,
CONTRACTOR shall, promptly after becoming aware thereof and before
performing any Work in connection therewith (except in an emergency as
permitted by paragraph 6.22), notify OWNER and ENGINEER in writing
about the inaccuracy or difference.
4.2.4 ENGINEER's Review. ENGINEER will promptly review the pertinent
conditions, determine the necessity of obtaining additional explorations
or tests with respect thereto and advise OWNER in writing (with a copy
to CONTRACTOR) of ENGINEER's findings and conclusions.
4.2.5 Possible Document Change. If ENGINEER concludes that there is a
material error in the Contract Documents or that because of newly
discovered conditions a change in the Contract Documents is required, a
Work Directive Change or a Change Order will be issued as provided in
Article 10 to reflect and document the consequences of the inaccuracy
or difference.
4.2.6 Possible Price and Time Adjustments. In each such case, an increase or
decrease in the Contract Price or an extension or shortening of the
Contract Time, or any combination thereof, will be allowable to the
extent that they are attributable to any such inaccuracy or difference.
If OWNER and CONTRACTOR are unable to agree as to the amount or
length thereof, a claim may be made therefor as provided in Articles 11
and 12.
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Physical Conditions -- Underground Facilities:
4.3.1 Shown or Indicated. The information and data shown or indicated in the
Contract Documents with respect to existing Underground Facilities at
or contiguous to the site is based on information and data furnished to
OWNER or ENGINEER by the owners of such Underground Facilities or
by others. Unless it is otherwise expressly provided in the Supplemen-
tary Conditions:
4.3.1.1 OWNER and ENGINEER shall not be responsible for the accuracy
or completeness of any such information or data; and,
4.3.1.2 CONTRACTOR shall have full responsibility for reviewing and
checking all such information and data, for locating all Under-
ground Facilities shown or indicated in the Contract Documents,
for coordination of the Work with the owners for such Underground
Facilities during construction, for the safety and protection
thereof as provided in paragraph 6.20) and repairing any damage
thereto resulting from the Work, the cost of all of which will be
considered as having been included in the Contract Price.
4.3.2 Not Shown or Indicated. If an Underground Facility is uncovered or
revealed at or contiguous to the site which was not shown or indicated in the
Contract Documents and which CONTRACTOR could not reasonably have been
expected to be aware of, CONTRACTOR shall, promptly after becoming aware
thereof and before performing any Work affected thereby (except in an emergency
as permitted by paragraph 6.22), identify the owner of such Underground Facility
and give written notice thereof to that owner and to OWNER and ENGINEER.
ENGINEER will promptly review the Underground Facility to determine the extent
to which the Contract Documents should be modified to reflect and document the
consequences of the existence of the Underground Facility, and the Contract
Documents will be amended or supplemented to the extent necessary. During such
time, CONTRACTOR shall be responsible for the safety and protection of such
Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be
allowed an increase in the Contract Price or an extension of the Contract Time, or
both, to the extent that they are attributable to the existence of any Underground
Facility that was not shown or indicated in the Contract Documents and which
CONTRACTOR could not reasonably have been expected to be aware of. If the
parties are unable to agree as to the amount or length thereof, CONTRACTOR may
make a claim therefor as provided in Articles 11 and 12.
Reference Points:
4.4 OWNER shall provide engineering surveys to establish reference points
for construction which in ENGINEER's judgment are necessary to enable CON-
TRACTOR to proceed with the Work. CONTRACT -OR shall be responsible for laying
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out the Work (unless otherwise specified in the General Requirements), shall protect
and preserve the established reference points and shall make no changes or
relocations without the prior written approval of OWNER. CONTRACTOR shall
report to ENGINEER whenever any reference point is lost or destroyed or requires
relocation because of necessary changes in grades or locations, and shall be
responsible for the accurate replacement or relocation of such reference points by
professionally qualified personnel.
Performance and Other Bonds:
ARTICLE 5- -BONDS AND INSURANCE
5.1 CONTRACTOR shall furnish performance and payment Bonds, each in an
amount at least equal to the Contract Price as security for the faithful performance
and payment of all CONTRACTOR's obligations under the Contract Documents.
These Bonds shall remain in effect at least until one year after the date when final
payment becomes due, except as otherwise provided by Law or Regulation or by the
Contract Documents. CONTRACTOR shall also furnish such other Bonds as are
required by the Supplementary Conditions. All Bonds shall be in the forms
prescribed by Law or Regulation or by the Contract Documents and be executed by
such sureties as are named in the current list of "Companies Holding Certificates of
Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring
Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of
Accounts, U.S. Treasury Department. All Bonds signed -by an agent must be
accompanied by a certified copy of the authority to act.
5.2 If the surety on any Bond furnished by CONTRACTOR is declared a
bankrupt or becomes insolvent or its right to do business is terminated in any state
where any part of the Project is located or it ceases to meet the requirements of
paragraph 5.1, CONTRACTOR shall within five days thereafter substitute another
Bond and Surety, both of which must be acceptable to OWNER.
Contractor's Liability Insurance:
5.3 CONTRACTOR shall purchase and maintain such comprehensive general
liability and other insurance as is appropriate for the Work being performed and
furnished and as will provide protection from claims set forth below which may arise
out of or result from CONTRACTOR's performance and furnishing of the Work and
CONTRACTOR's other obligations under the Contract Documents, whether it is to
be performed or furnished by CONTRACTOR, by any Subcontractor, by anyone
directly or indirectly employed by any of them to perform or furnish the Work, or by
anyone for whose acts any of them may be liable:
5.3.1 Claims under workers' or workmen's compensation, disability benefits
and other similar employee benefit acts;
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5.3.2 Claims for damages because of bodily injury, sickness or disease, or
death of CONTRACTOR's employees;
5.3.3 Claims for damages because of bodily injury, sickness or disease, or
death of any person other than CONTRACTOR'S employees;
5.3.4 Claims for damages insured by personal injury liability coverage which
are sustained (a) by any person as a result of an offense directly or
indirectly related to the employment of such person by CONTRACTOR,
or (b) by any other person for any other reason;
5.3.5 Claims for damages, other than to the Work itself, because of injury to
or destruction of tangible property wherever located, including loss of
use resulting therefrom;
5.3.6 Claims arising out of operation of Laws or Regulations for damages
because of bodily injury or death of any person or for damage to
property; and
5.3.7 Claims for damages because of bodily injury or death of any person or
property damage arising out of the ownership, maintenance or use of any
motor vehicle.
The insurance required by this paragraph 5.3 shall include the specific
coverages and be written for not less than the limits of liability and coverages
provided in the Supplementary Conditions, or required by law, whichever is greater.
The comprehensive general liability insurance shall include completed operations
insurance. All of the policies of insurance so required to be purchased and
maintained (or the certificates or other evidence thereof) shall contain a provision
or endorsement that the coverage afforded will not be cancelled, materially changed
or renewal refused until at least thirty days' prior written notice has been given to
OWNER and ENGINEER by certified mail. All such insurance shall remain in effect
until final payment and at all times thereafter when CONTRACTOR may be
correcting, removing or replacing defective Work in accordance with para-
graph 13.12. In addition, CONTRACTOR shall maintain such completed operations
insurance for at least two years after final payment and furnish OWNER with
evidence of continuation of such insurance at final payment and one year thereafter.
Contractual Liability insurance:
5.4 The comprehensive general liability insurance required by paragraph 5.3
will include contractual liability insurance applicable to CONTRACTOR's obliga-
tions under paragraphs 6.30 and 6.31.
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Owner's Liability Insurance:
5.5 OWNER shall be responsible for purchasing and maintaining OWNER's
own liability insurance and, at OWNER's option, may purchase and maintain such
insurance as will protect OWNER against claims which may arise from .operations
under the Contract Documents.
Property Insurance:
5.6 Unless otherwise provided in the Supplementary Conditions, OWNER shall
purchase and maintain property insurance upon the Work at the site to the full
insurable value thereof (subject to such deductible amounts as may be provided in
the Supplementary Conditions or required by Laws and Regulations). This insurance
shall include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER
and ENGINEER's consultants in the Work, all of whom shall be listed as insureds or
additional insured parties, shall insure against the perils of fire and extended
coverage and shall include all risk" insurance for physical loss and damage including
theft, vandalism and malicious mischief, collapse and water damage, and such other
perils as may be provided in the Supplementary Conditions, and shall included
damages, loss and expenses arising out of or resulting from any insured loss or
incurred in the repair or replacement of any insured property (including but not
limited to fees and charges of engineers, architects, attorneys and other profes-
sionals). If not covered under the "all risk" insurance or otherwise provided in the
Supplementary Conditions, CONTRACTOR shall purchase and maintain similar
property insurance on portions of the Work stored on and off the site or in transit
when such portions of the Work are to be included in an Application for Payment.
5.7 OWNER shall purchase and maintain such boiler and machinery insurance
or additional property insurance as may be required by the Supplementary Condi-
tions or Laws and Regulations which will include the interests of OWNER,
CONTRACTOR, Subcontractors, ENGINEER and ENGINEER's consultants in the
Work, all of whom shall be listed as insured or additional insured parties.
5.8 All the policies of insurance (or the certificates or other evidence
thereof) required to be purchased and maintained by OWNER in accordance with
paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage
afforded will not be cancelled or materially changed or renewal refused until at
least thirty days' prior written notice has been given to CONTRACTOR by certified
mail and will contain waiver provisions in accordance with paragraph 5.11.1.
5.9 OWNER shall not be responsible for purchasing and maintaining any
property insurance to protect the interests of CONTRACTOR, Subcontractors or
others in the Work to the extent of any deductible amounts that are provided in the
Supplementary Conditions. The risk of loss within the deductible amount will be
borne by CONTRACTOR, Subcontractor or others suffering any such loss and if any
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c
of them wishes property insurance coverage within the limits of such amounts, each •
may purchase and maintain it at the purchaser's own expense.
5.10 If CONTRACTOR requests in writing that other special insurance be
included in the property insurance policy, OWNER shall, if possible, include such
insurance, and the cost thereof will be charged to CONTRACTOR by appropriate
Change Order or Written Amendment. Prior to commencement of the Work at the
site, OWNER shall in writing advise CONTRACTOR whether or not such other
insurance has been procured by OWNER.
Waiver of Rights:
5.11.1 OWNER and CONTRACTOR waive all rights against each other for all
losses and damages caused by any of the perils covered by the policies of
insurance provided in response to paragraphs 5.6 and 5.7 and any other
property insurance applicable to the Work, and also waive all such rights
against the Subcontractors, ENGINEER, ENGINEER's consultants and all
other parties named as insureds in such policies for losses and damages
so caused. As required by paragraph 6.11, each subcontract between
CONTRACTOR and a Subcontractor will contain similar waiver pro-
visions by the Subcontractor in favor of OWNER, CONTRACTOR,
ENGINEER, ENGINEER's consultants and all other parties named as
insureds. None of the above waivers shall extend to the rights that any
of the insured parties may have to the proceeds of insurance held by
OWNER as trustee or otherwise payable under any policy so issued.
5.11.2 OWNER and CONTRACTOR intend that any policies provided in re-
sponse to paragraphs 5.6 ands 5.7 shall protect all of the parties insured
and provide primary coverage for all losses and damages caused by the
perils covered thereby. Accordingly, all such policies shall contain
provisions to the effect that in the event of payment of any loss or
damage the insurer will have no rights of recovery against any of the
parties named as insureds or additional insureds, and if the insurers
require separate waiver forms to be signed by ENGINEER or ENGI-
NEER's consultant, OWNER will obtain the same, and if such waiver
forms are required of any Subcontractor, CONTRACTOR will obtain the
same.
Receipt and Application of Proceeds:
5.12 Any insured loss under the policies of insurance required by para-
graphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as
trustee for the insureds, as their interests may appear, subject to the requirements
of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a
separate account any money so received, and shall distribute it in accordance with
such agreement as the parties in interest may reach. If no other special agreement
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is reached, the damaged Work shall be repaired or replaced, the moneys so received
applied on account thereof and the Work and the cost thereof covered by an
appropriate Change Order or Written Amendment.
5.13 OWNER as trustee shall have power to adjust and settle any loss with the
insurers unless one of the parties in interests shall object in writing within fifteen
days after the occurrence of loss to OWNER's exercise of this power. If such
objection be made, OWNER as trustee shall make settlement with the insurers in
accordance with such agreement as the parties in interest may reach. If required in
writing by any party in interest, OWNER as trustee shall, upon the occurrence of an
insured loss, give bond for the proper performance of such duties.
Acceptance of Insurance:
5.14 If OWNER has any objection to the coverage afforded by or other
provisions of the insurance required to be purchased and maintained by CON-
TRACTOR in accordance with paragraphs 5.3 and 5.4 on the basis of its not
complying with the Contract Documents, OWNER shall notify CONTRACTOR in
writing thereof within ten days of the date of delivery of such certificates to
OWNER in accordance with paragraph 2.7. If CONTRACTOR has any objection to
the coverage afforded by or other provisions of the policies of insurance required to
be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7
on the basis of their not complying with the Contract Documents, CONTRACTOR
shall notify OWNER in writing thereof within ten days of the date of delivery of
such certificates to CONTRACTOR in accordance with paragraph 2.7. OWNER and
CONTRACTOR shall each provide to the other such additional information in
respect of insurance provided by each as the other may reasonably request. Failure
by OWNER or CONTRACTOR to give any such notice of objection within the time
provided shall constitute acceptance of such insurance purchased by the other as
complying with the Contract Documents. - - -
Partial Utilization -- Property Insurance:
5.15 If OWNER finds it necessary to occupy or use a portion or portions of the
Work prior to Substantial Completion of all the Work, such use or occupancy may be
accomplished in accordance with paragraph 14.10; provided that no such use or
occupancy shall commence before the insurers providing the property insurance have
acknowledged notice thereof and in writing effected the changes in coverage
necessitated thereby. The insurers providing the property insurance shall consent by
endorsement on the policy or policies, but the property insurance shall not be
cancelled or lapse on account of any such partial use or occupancy.
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ARTICLE 6-- CONTRACTOR'S RESPONSIBILITIES
Supervision and Superintendence:
6.1 CONTRACTOR shall supervise and direct the Work competently and
efficiently, devoting such attention thereto and applying such skills and expertise as
may be necessary to perform the Work in accordance with the Contract Documents.
CONTRACTOR shall be solely responsible for the means, methods, techniques,
sequences and procedures of construction, but CONTRACTOR shall not be respon-
sible for the negligence of others in the design or selection of a specific means,
method, technique, sequence or procedure of construction which is indicated in and
required by the Contract Documents. CONTRACTOR shall be responsible to see
that the finished Work complies accurately with the Contract Documents.
6.2 CONTRACTOR shall keep on the Work at all times during its progress a
competent resident superintendent, who shall not be replaced without written notice
to OWNER and ENGINEER except under extraordinary circumstances. The super-
intendent will be CONTRACTOR's representative at the site and shall have
authority to act on behalf of CONTRACTOR. All communications given to the
superintendent shall be as binding as if given to CONTRACTOR.
Labor, Materials and Equipment:
6.3 CONTRACTOR shall provide competent, suitably qualified personnel to
survey and lay out the Work and perform construction as required by the Contract
Documents. CONTRACTOR shall at all times maintain good discipline and order at
the site. Except in connection with the safety or protection of persons or the Work
or property at the site or adjacent thereto, and except as otherwise indicated in the
Contract Documents, all Work at the site shall be performed during regular working
hours, and CONTRACTOR will not permit overtime work or the performance of
Work on Saturday, Sunday or any legal holiday without OWNER's written consent
given after prior written notice to ENGINEER.
6.4 Unless otherwise specified in the General Requirements, CONTRACTOR
shall furnish and assume full responsibility for all materials, equipment, labor,
transportation, construction equipment and machinery, tools, appliances, fuel,
power, light, heat, telephone, water, sanitary facilities, temporary facilities and all
other facilities and incidentals necessary for the furnishing, performance, testing,
start -up and completion of the Work.
6.5 All materials and equipment shall be of good quality and new, except as
otherwise provided in the Contract Documents. If required by ENGINEER, CON-
TRACTOR shall furnish satisfactory evidence (including reports of required tests) as
to the kind and quality of materials and equipment. All materials and equipment
shall be applied, installed, connected, erected, used, cleaned and conditioned in
accordance with the instructions of the applicable Supplier except as otherwise
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provided in the Contract Documents; but no provision of any such instructions will
be effective to assign to ENGINEER, or any of ENGINEER's consultants, agents or
employees, any duty or authority to supervise or direct the furnishing or perform-
ance of the Work or any duty or authority to undertake responsibility contrary to the
provisions of paragraph 9.15 or 9.16.
Adjusting Progress Schedule:
6.6 CONTRACTOR shall submit to ENGINEER for acceptance (to the extent
indicated in paragraph 2.9) adjustments in the progress schedule to reflect the
impact thereon of new developments; these will conform generally to the progress
schedule then in effect and additionally will comply with any provisions of the
General Requirements applicable thereto.
Substitutes or "Or Items:
6.7.1 Whenever materials or equipment are specified or described in the
Contract Documents by using the name of a proprietary item or the
name of a particular Supplier the naming of the item is intended to
establish the type, function and quality required. Unless the name is
followed by words indicating that no substitution is permitted, materials
or equipment of other Suppliers may be accepted by ENGINEER if
sufficient information is submitted by CONTRACTOR to allow ENGI-
NEER to determine that the material or equipment proposed is equi-
valent or equal to that named. The procedure for review by ENGINEER
will include the following as supplemented in the General Requirements.
Requests for review of substitute items of materials and equipment will
not be accepted by ENGINEER from anyone other than CONTRACTOR.
If CONTRACTOR wishes to furnish or use a substitute item of material
or equipment, CONTRACTOR shall make written application to ENGI-
NEER for acceptance thereof, certifying that the proposed substitute
will perform adequately the functions and achieve the results called for
by the general design, be similar and of equal substance to that specified
and be suited to the same use as that specified. The application will
state that the evaluation and acceptance of the proposed substitute will
not prejudice CONTRACTOR's achievement of Substantial Completion
on time, whether or not acceptance of the substitute for use in the Work
will require a change in any of the Contract Documents (or in the
provisions of any other direct contract with OWNER for work on the
Project) to adapt the design to the proposed substitute and whether or
not incorporation or use of the substitute in connection with the Work is
subject to payment of any license fee or royalty. All variations of the
proposed substitute from that specified will be identified in the appli-
cation and available maintenance, repair and replacement service will be
indicated. The application will also contain an itemized estimate of all
costs that will result directly or indirectly from acceptance of such
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substitute, including costs of redesign and claims of other contractors
affected by the resulting change, all of which shall be considered by
ENGINEER in evaluating the proposed substitute. ENGINEER may
require CONTRACTOR to furnish at CONTRACTOR's expense additional
data about the proposed substitute.
6.7.2 If a specific means, method, technique, sequence or procedure of
construction is indicated in or required by the Contract Documents,
CONTRACTOR may furnish or utilize a substitute means, method,
sequence, technique or procedure of construction acceptable to ENGI-
NEER, if CONTRACTOR submits sufficient information to allow
ENGINEER to determine that the substitute proposed is equivalent to
that indicated or required by the Contract Documents. The procedure
for review by ENGINEER will be similar to that provided in para-
graph 6.7.1 as applied by ENGINEER and as may be supplemented in the
General Requirements.
6.7.3 ENGINEER will be allowed a reasonable time within which to evaluate
each proposed substitute. ENGINEER will be the sole judge of accept-
ability, and no substitute will be ordered, installed or utilized without
ENGINEER's prior written acceptance which will be evidenced by either
a Change Order or an approved Shop Drawing. OWNER may require
CONTRACTOR to furnish at CONTRACTOR's expense a special per-
formance guarantee or other surety with respect to any substitute.
ENGINEER will record time required by ENGINEER and ENGINEER's
consultants in evaluating substitutions proposed by CONTRACTOR and
in making changes in the Contract Documents occasioned thereby.
Whether or not ENGINEER accepts a proposed substitute, CONTRAC-
TOR shall reimburse OWNER for the charges of ENGINEER and
ENGINEER's consultants for evaluating each proposed substitute.
Concerning Subcontractors, Suppliers and Others:
6.8.1 CONTRACTOR shall not employ any Subcontractor, Supplier or other
person or organization (including those acceptable to OWNER and
ENGINEER as indicated in paragraph 6.8.2), whether initially or as a
substitute, against whom OWNER or ENGINEER may have reasonable
objection. CONTRACTOR shall not be required to employ any Subcon-
tractor, Supplier or other person or organization to furnish or perform
any of the Work against whom CONTRACTOR has reasonable objection.
6.8.2 If the Supplementary Conditions require the identity of certain Subcon-
tractors, Suppliers or other persons or organization (including those who
are to furnish the principal items of materials and equipment) to be
submitted to OWNER in advance of the specified date prior to the
Effective Date of the Agreement for acceptance by OWNER and
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ENGINEER, and if CONTRACTOR has submitted a list thereof in
accordance with the Supplementary Conditions, OWNER's or ENGI-
NEER's acceptance (either in writing or by failing to make written
objection thereto by the date indicated for acceptance or objection in
the bidding documents or the Contract Documents) of any such Subcon-
tractor, Supplier or other person or organization as identified may be
revoked on the basis of reasonable objection after due investigation, in
which case CONTRACTOR shall submit an acceptable substitute, the
Contract Price will be increased by the difference in the cost occasioned
by such substitution and an appropriate Change Order will be issued or
Written Amendment signed. No acceptance by OWNER or ENGINEER of
any such Subcontractor, Supplier or other person or organization shall
constitute a waiver of any right of OWNER or ENGINEER to reject
defective Work.
6.9 CONTRACTOR shall be fully responsible to OWNER and ENGINEER for
all acts and omissions of the Subcontractors, Suppliers and other persons and
organizations performing or furnishing any of the Work under a direct or indirect
contract with CONTRACTOR just as CONTRACTOR is responsible for CON -
TRACTOR's own acts and omissions. Nothing in the Contract Documents shall
create any contractual relationship between OWNER or ENGINEER and any such
Subcontractor, Supplier or other person or organization, nor shall it create any
obligation on the part of OWNER or ENGINEER to pay or to see to the payment of
any moneys due any such Subcontractor, Supplier or other person or organization
except as may otherwise be required by Laws and Regulations.
6.10 The divisions and sections of the Specifications and the identifications of
any Drawings shall not control CONTRACTOR in dividing the Work among Subcon-
tractors or Suppliers or delineating the Work to be performed by any specific trade.
6.11 All Work performed for CONTRACTOR by a Subcontractor will be
pursuant to an appropriate agreement between CONTRACTOR and the Subcon-
tractor which specifically binds the Subcontractor to the applicable terms and
conditions of the Contract Documents for the benefit of OWNER and ENGINEER
and contains waiver provisions as required by paragraph 5.11. CONTRACTOR shall
pay each Subcontractor a just share of any insurance moneys received by CON-
TRACTOR on account of losses under policies issued pursuant to paragraphs 5.6 and
5.7.
Patent Fees and Royalties:
6.12 CONTRACTOR shall pay all license fees and royalties and assume all
costs incident to the use in the performance of the Work or the incorporation in the
Work of any invention, design, process, product or device Which is the subject of
patent rights or copyrights held by others. If a particular invention, design, process,
product or device is specified in the Contract Docuients for use in the performance
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of the Work and if to the actual knowledge of OWNER or ENGINEER its use is
subject to patent rights or copyrights calling for the payment of any license fee or
royalty to others, the existence of such rights shall be disclosed by OWNER in the
Contract Documents. CONTRACTOR shall indemnify and hold harmless OWNER
and ENGINEER and anyone directly or indirectly employed by either of them from
and against all claims, damages, losses and expenses (including attorney's fees and
court and arbitration costs) arising out of any infringement of patent rights or
copyrights incident to the use in the performance of the Work or resulting from the
incorporation in the Work of any invention, design, process, product or device not
specified in the Contract Documents, and shall defend all such claims in connection
with any alleged infringement of such rights.
Permits:
6.13 Unless otherwise provided in the Supplementary Conditions, CON-
TRACTOR shall obtain and pay for all construction permits and licenses. OWNER
shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses.
CONTRACTOR shall pay all governmental charges and inspection fees necessary for
the prosecution of the Work, which are applicable at the timeof opening of Bids, or
if there are no Bids on the Effective Date of the Agreement. CONTRACTOR shall
pay all charges of utility owners for connections to the Work, and OWNER shall pay
all charges of such utility owners for capital costs related thereto such as plant
investment fees.
Laws and Regulations:
6.14.1 CONTRACTOR shall give all notices and comply with all Laws and
Regulations applicable to furnishing and performance of the Work.
Except where otherwise expressly required by applicable Laws and
Regulations, neither OWNER nor ENGINEER shall be responsible for
monitoring CONTRACTOR's compliance with any Laws or Regulations.
6.14.2 If CONTRACTOR observes that the Specifications or Drawings are at
variance with any Laws or Regulations, CONTRACTOR shall give
ENGINEER prompt written notice therof, and any necessary changes will
be authorized by one of the methods indicated in paragraph 3.4. If
CONTRACTOR performs any Work knowing or having reason to know
that it is contrary to such Laws or Regulations, and without such notice
to ENGINEER, CONTRACTOR shall bear all costs arising therefrom;
however, it shall not be CONTRACTOR's primary responsibility to make
certain that the Specifications and Drawings are in accordance with such
Laws and Regulations.
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Taxes:
6.15 CONTRACTOR shall pay all sales, consumer, use and other similar taxes
required to be paid by CONTRACTOR in accordance with the Laws and Regulations
of the place of the Project which are applicable during the performance of the
Work.
Use of Premises:
6.16 CONTRACTOR shall confine construction equipment, the storage of
materials and equipment and the operations of workers to the Project site and land
and areas identified in and permitted by the Contract Documents and other land and
areas permitted by Laws and Regulations, rights -of -way, permits and easements,
and shall not unreasonably encumber the premises with construction equipment or
other materials or equipment. CONTRACTOR shall assume full responsibility for
any damage to any such land or area, or to the owner or occupant thereof or of any
land or areas contiguous thereto, resulting from the performance of the Work.
Should any claim be made against OWNER or ENGINEER by any such owner or
occupant because of the performance of the Work, CONTRACTOR shall promptly
attempt to settle with such other party by agreement or otherwise resolve the claim
by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by
Laws and Regulations, indemnify and hold OWNER and ENGINEER harmless from
and against all claims, damages, losses and expenses (including, but not limited to,
fees of engineers, architects, attorneys and other professionals and court and
arbitration costs) arising directly, indirectly or consequentially out of any action,
legal or equitable, brought by any such other party against OWNER or ENGINEER to
the extent based on a claim arising out of CONTRACTOR's performance of the
Work.
6.17 During the progress of the Work, CONTRACTOR shall keep the premises
free from accumulations of waste materials, rubbish and other debris resulting from
the Work. At the completion of the Work, CONTRACTOR shall remove all waste
materials, rubbish and debris from and about the permises as well as all tools,
appliances, construction equipment and machinery, and surplus materials, and shall
leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall
restore to original condition all property not designated for alteration by the
Contract Documents.
6.18 CONTRACTOR shall not load nor permit any part of any structure to be
loaded in any manner that will endanger the structure, nor shall CONTRACTOR
subject any part of the Work or adjacent property to stresses or pressures that will
endanger it.
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Record Documents:
6.19 CONTRACTOR shall maintain in a safe place at the site one record copy
of ail Drawings, Specifications, Addenda, Written Amendments, Change Orders,
Work Directive Changes, Field Orders and written interpretations and clarifications
(issued pursuant to paragraph 9.4) in good order and annotated to show all changes
made during construction. These record documents together with all approved
samples and a counterpart of all approved Shop Drawings will be available to
ENGINEER for reference. Upon completion of the Work, these record documents,
samples and Shop Drawings will be delivered to ENGINEER for OWNER.
Safety and Protection:
6.20 CONTRACTOR shall be responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the Work.
CONTRACTOR shall take all necessary precautions for the safety of, and shall
provide the necessary protection to prevent damage, injury or loss to:
6.20.1 all employees on the Work and other persons and organizations who may
be affected thereby;
6.20.2 all the Work and materials and equipment to be incorporated therein,
whether in storage on or off the site; and
6.20.3 other property at the site or adjacent thereto, including trees, shrubs,
lawns, walks, pavements, roadways, structures, utilities and Underground
Facilities not designated for removal, relocation or replacement in the
course of construction.
CONTRACTOR shall comply with all applicable Laws and Regulations of
any public body having jurisdiction for the safety of persons or property or to
protect them from damage, injury or loss; and shall erect and maintain all necessary
safeguards for such safety and protection. CONTRACTOR shall notify owners of
adjacent property and of Underground Facilities and utility owners when prosecution
of the Work may affect them, and shall cooperate with them in the protection,
removal, relocation and replacement of their property. All damage, injury or loss to
any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly,
in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other
person or organization directly or indirectly employed by any of them to perform or
furnish any of the Work or anyone for whose acts any of them may be liable, shall be
remedied by CONTRACTOR (except damage or loss attributable to the fault of
Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or
anyone employed by either of them or anyone for whose acts either of them may be
liable, and not attributable, directly or indirectly, in whole or in part, to the fault or
negligence of CONTRACTOR). CONTRACTOR's duties and responsibilities for the
safety and protection of the Work shall continue until such time as all the Work is
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completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in
accordance with paragraph 14.13 that the Work is acceptable (except as otherwise
expressly provided in connection with Substantial Completion).
6.21 CONTRACTOR shall designate a responsible representative at the site
whose duty shall be the prevention of accidents. This person shall be CONTRAC-
TOR's superintendent unless otherwise designated in writing by CONTRACTOR to
OWNER.
Emergencies:
6.22 In emergencies affecting the safety or protection of persons or the Work
or property at the site or adjacent thereto, CONTRACTOR, without special
instruction or authorization from ENGINEER or OWNER, is obligated to act to
prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER
prompt written notice if CONTRACTOR believes that any significant changes in the
Work or variations from the Contract Documents have been caused thereby. If
ENGINEER determines that a change in the Contract Documents is required because
of the action taken in response to an emergency, a Work Directive Change or
Change Order will be issued to document the consequences of the changes or
variations.
Shop Drawings and Samples:
6.23 After checking and verifying all field measurements and after complying
with applicable procedures specified in the General Requirements, CONTRACTOR
shall submit to ENGINEER for review and approval in accordance with the accepted
schedule of Shop Drawing submissions (see paragraph 2.9), or for other appropriate
action if so indicated in the Supplementary Conditions, five copies (unless otherwise
specified in the General Requirements) of all Shop Drawings, which will bear a
stamp or specific written indication that CONTRACTOR has satisfied CONTRAC-
TOR's responsibilities under the Contract Documents with respect to the review of
the submission. All submissions will be identified as ENGINEER may require. The
data shown on the Shop Drawings will be complete with respect to quantities,
dimensions, specified performance and design criteria, materials and similar data to
enable ENGINEER to review the information as required.
6.24 CONTRACTOR shall also submit to ENGINEER for review and approval
with such promptness as to cause no delay in Work, all samples required by the
Contract Documents. All samples will have been checked by and accompanied by a
specific written indication that CONTRACTOR has satisfied CONTRACTOR'S
responsibilities under the Contract Documents with respect to the review of the
submission and will be identified clearly as to material, Supplier, pertinent data such
as catalog numbers and the use for which intended.
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6.25.1 Before submission of each Shop Drawing or sample CONTRACTOR shall
have determined and verified all quantities, dimensions, specified per-
formance criteria, installation requirements, materials, catalog numbers
and similar data with respect thereto and reviewed or coordinated each
Shop Drawing or sample with other Shop Drawings and samples and with
the requirements of the Work and the Contract Documents.
6.25.2 At the time of each submission, CONTRACTOR shall give ENGINEER
specific written notice of each variation that the Shop Drawings or
samples may have from the requirements of the Contract Documents,
and, in addition, shall cause a specific notation to be made on each Shop
Drawing submitted to ENGINEER for review and approval of each such
variation.
6.26 ENGINEER will review and approve with reasonable promptness Shop
Drawings and samples, but ENGINEER's review and approval will be only for
conformance with the design concept of the Project and for compliance with the
information given in the Contract Documents and shall not extend to means,
methods, techniques, sequences or procedures of construction (except where a
specific means, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents) or to safety precautions or
programs incident thereto. The review and approval of a separate item as such will
not indicate approval of the assembly in which the item functions. CONTRACTOR
shall make corrections required by ENGINEER, and shall return the required number
of corrected copies of Shop Drawings and submit as required new samples for review
and approval. CONTRACTOR shall direct specific attention in writing to revisions
other than the corrections called for by ENGINEER on previous submittals.
6.27 ENGINEER's review and approval of Shop Drawings or samples shall not
relieve CONTRACTOR from responsibility for any variation from the requirements
of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's
attention to each such variation at the time of submission as required by para-
graph 6.25.2 and ENGINEER has given written approval of each such variation by a
specific written notation thereof incorporated in or accompanying the Shop Drawing
or sample approval; nor will any approval by ENGINEER relieve CONTRACTOR
from responsibility for errors or omissions in the Shop Drawings or from responsi-
bility for having complied with the provisions of paragraph 6.25.1.
6.28 Where a Shop Drawing or sample is required by the Specifications, any
related Work performed prior to ENGINEER's review and approval of the pertinent
submission will be the sole expense and responsibility of CONTRACTOR.
Continuing the Work:
6.29 CONTRACTOR shall carry on the Work and adhere to the progress
schedule during all disputes or disagreements with OWNER. No Work shall be
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delayed or postponed pending resolution of any disputes or disagreements, except as
permitted by paragraph 15.5 or as CONTRACTOR and OWNER may otherwise agree
in writing.
Indemnification:
6.30 To the fullest extent permitted by Laws and Regulations, CONTRAC-
TOR shall indemnify and hold harmless OWNER and ENGINEER and their consult-
ants, agents and employees from and against all claims, damages, losses and
expenses, direct, indirect or consequential (including but not limited to fees and
charges of engineers, architects, attorneys and other professionals and court and
arbitration costs) arising out of or resulting from the performance of the Work,
provided that any such claim, damage, loss or expense (a) is attributable to bodily
injury, sickness, disease or death, or to injury to or destruction of tangible property
(other than the Work itself) including the loss of use resulting therefrom and (b) is
caused in whole or in part by any negligent act or omission of CONTRACTOR, any
Subcontractor, any person or organization directly or indirectly employed by any of
them to perform or furnish any of the Work or anyone for whose acts any of them
may be liable, regardless of whether or not it is caused in part by a party
indemnified hereunder or arises by or is imposed by Laws and Regulations regardless
of the negligence of such party.
6.31 In any and all claims against OWNER or ENGINEER or any of their
consultants, agents or employees by any employee of CONTRACTOR, any Subcon-
tractor, any person or organization directly or indirectly employed by any of them
to perform or furnish any of the Work or anyone for whose acts any of them may be
liable, the indemnification obligation under paragraph 6.30 shall not be limited in
any way by any limitation on the amount or type of damages, compensation or
benefits payable by or for CONTRACTOR or any such Subcontractor or other person
or organization under workers' or workmens' compensation acts, disability benefit
acts or other employee benefit acts.
6.32 The obligations of CONTRACTOR Under paragraph 6.30 shall not extend
to the liability of ENGINEER, ENGINEER's consultants, agents or employees arising
out of the preparation or approval of maps, drawings, opinions, reports, surveys,
Change Orders, designs of specifications.
Related Work at Site:
ARTICLE 7- -OTHER WORK
7.1 OWNER may perform other work related to the Project at the site by
OWNER's own forces, have other work performed by utility owners or let other
direct contracts therefor which shall contain General Conditions similar to these. If
the fact that such other work is to be performed- was not noted in the Contract
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Documents, written notice thereof will be given to CONTRACTOR prior to starting
any such other work; and, if CONTRACTOR believes that such performance will
involve additional expense to CONTRACTOR or requires additional time and the
parties are unable to agree as to the extent thereof, CONTRACTOR may make a
claim therefor as provided in Articles 11 and 12.
7.2 CONTRACTOR shall afford each utility owner and other contractor who
is a party to such a direct contract (or OWNER, if OWNER is performing the
additional work with OWNER'S employees) proper and safe access to the site and a
reasonable opportunity for the introduction and storage of materials and equipment
and the execution of such work, and shall properly connect and coordinate the Work
with theirs. CONTRACTOR shall do all cutting, fitting and patching of the Work
that may be required to make its several parts come together properly and integrate
with such other work. CONTRACTOR shall not endanger any work of others by
cutting, excavating or otherwise altering their work and will only cut or alter their
work with the written consent of ENGINEER and the others whose work will be
affected. The duties and responsibiliies of CONTRACTOR under this paragraph are
for the benefit of such utility owners and other contractors to the extent that there
are comparable provisions for the benefit of CONTRACTOR in said direct contracts
between OWNER and such utility owners and other consultants.
7.3 If any part of CONTRACTOR's Work depends for proper execution or
results upon the work of any such other contractor or utility owner (or OWNER),
CONTRACTOR shall inspect and promptly report to ENGINEER in writing any
delays, defects or deficiencies in such work that render it unavailable or unsuitable
for such proper execution and results. CONTRACTOR's failure so to report will
constitute an acceptance of the other work as fit and proper for integration with
CONTRACTOR's Work except for latent or non - apparent defects and deficiencies in
the other work.
Coordination:
7.4 If OWNER contracts with others for the performance of other work on
the Project at the site, the person or organization who will have authority and
responsibility for coordination of the activities among the various prime contractors
will be identified in the Supplementary Conditions, and the specific matters to be
covered by such authority and responsibility will be itemized, and the extent of such
authority and responsibilities will be provided, in the Supplementary Conditions.
Unless otherwise provided in the Supplementary Conditions, neither OWNER nor
ENGINEER shall have any authority or responsibility in respect of such coordination.
ARTICLE 8-- OWNER'S RESPONSIBILITIES
8.1 OWNER shall issue all communications to CONTRACTOR through
ENGINEER.
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8.2 In case of termination of the employment of ENGINEER, OWNER shall
appoint an engineer against whom CONTRACTOR makes no reasonable objection,
whose status under the Contract Documents shall be that of the former ENGINEER.
Any dispute in connection with such appointment shall be subject to arbitration.
8.3 OWNER shall furnish the data required of OWNER under the Contract
Documents promptly and shall make payments to CONTRACTOR promptly after
they are due as provided in paragraphs 14.4 and 14.13.
8.4 OWNER's duties in respect of providing lands and easements and
providing engineering surveys to establish reference points are set forth in para-
graphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making
available to CONTRACTOR copies of reports of explorations and tests of subsurface
conditions at the site and in existing structures which have been utilized by
ENGINEER in preparing the Drawings and Specifications.
8.5 OWNER's responsibilities in respect of purchasing and maintaining
liability and property insurance are set forth in paragraphs 5.5 through 5.8.
8.6 OWNER is obligated to execute Change Orders as indicated in para-
graph 10.4.
8.7 OWNER's responsibility in respect of certain inspections, tests and
approvals is set forth in paragraph 13.4.
8.8 In connection with OWNER's right to stop Work or suspend Work, see
paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate
services of CONTRACTOR under certain circumstances.
Owner's Representative:
9.1 ENGINEER will be OWNER's representative during the construction
period. The duties and responsibilities and the limitations of authority of ENGINEER
as OWNER's representative during construction are set forth in the Contract
Documents and shall not be extended without written consent of OWNER and
ENGINEER.
Visits to Site:
ARTICLE 9-- ENGINEER'S STATUS DURING CONSTRUCTION
9.2 ENGINEER will make visits to the site at intervals appropriate to the
various stages of construction to observe the progress and quality of the executed
Work and to determine, in general, if the Work is proceeding in accordance with the
Contract Documents. ENGINEER will not be required to make exhaustive or
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continuous on -site inspections to check the quality or quantity of the Work.
ENGINEER's efforts will be directed toward providing for OWNER a greater degree
of confidence that the completed Work will conform to the Contract Documents.
On the basis of such visits and on -site observations as an experienced and qualified
design professional, ENGINEER will keep OWNER informed of the progress of the
Work and will endeavor to guard OWNER against defects and deficiencies in the
Work.
Project Representation:
9.3 If OWNER and ENGINEER agree, ENGINEER will furnish a Resident
Project Representative to assist ENGINEER in observing the performance of the
Work. The duties, responsibilities and limitations of authority of any such Resident
Project Representative and assistants will be provided in the Supplementary
Conditions. If OWNER designates another agent to represent OWNER at the site
who is not ENGINEER's agent or employee, the duties, responsibilities and limita-
tions of authority of such other person will be as provided in the Supplementary
Conditions.
Clarifications and Interpretations:
9.4 ENGINEER will issue with reasonable promptness such written clarifi-
cations or interpretations of the requirements of the Contract Documents (in the
form of Drawings or otherwise( as ENGINEER may determine necessary, which shall
be consistent with or reasonably inferable from the overall intent of the Contract
Documents. If CONTRACTOR believes that a written clarification or interpreta-
tion justifies an increase in the Contract Price or an extension of the Contract Time
and the parties are unable to agree to the amount or extent thereof, CONTRACTOR
may make a claim therefor as provided in Article 11 or Article 12.
Authorized Variations in Work:
9.5 ENGINEER may authorize minor variations in the Work from the
requirements of the Contract Documents which do not involve an adjustment in the
Contract Price or the Contract Time and are consistent with the overall intent of
the Contract Documents. These may be accomplished by a Field Order and will be
binding on OWNER, and also on CONTRACTOR who shall perform the Work involved
promptly. If CONTRACTOR believes that a Field Order justifies an increase in the
Contract Price or an extension of the Contract Time and the parties are unable to
agree as to the amount or extent thereof, CONTRACTOR may make a claim
therefor as provided in Article 11 or 12.
Rejecting Defective Work:
9.6 ENGINEER will have authority to disapprove or reject Work which
ENGINEER believes to be defective, and will also -have authority to require special
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inspection or testing of the Work as provided in paragraph 13.9, whether or not the
Work is fabricated, installed or completed.
Shop Drawings, Change Orders and Payments:
9.7 In connection with ENGINEER's responsibility for Shop Drawings and
samples, see paragraphs 6.23 through 6.29, inclusive.
9.8 In connection with ENGINEER's responsibilities as to Change Orders, see
Articles 10, 11 and 12.
9.9 In connection with ENGINEER's responsibilities in respect of Applica-
tions for Payment, etc., see Article 14.
Determinations for Unit Prices:
9.10 ENGINEER will determine the actual quantities and classifications of
Unit Price Work performed by CONTRACTOR. ENGINEER will review with
CONTRACTOR ENGINEER's preliminary determinations on such matters before
rendering a written decision thereon (by recommendation of an Application for
Payment or otherwise). ENGINEER's written decisions thereon will be final and
binding upon OWNER and CONTRACTOR, unless, within ten days after the date of
any such decision, either OWNER or CONTRACTOR delivers to the other party to
the Agreement and to ENGINEER written notice of intention to appeal from such a
decision.
Decisions on Disputes:
9.11 ENGINEER will be the initial interpreter of the requirements of the
Contract Documents and judge of the acceptability of the Work thereunder. Claims,
disputes and other matters relating to the acceptability of the Work or the
interpretation of the requirements of the Contract Documents pertaining to the
performance and furnishing of the Work and claims under Articles 11 and 12 in
respect of changes in the Contract Price or Contract Time will be referred initially
to ENGINEER in writing with a request for a formal decision in accordance with this
paragraph, which ENGINEER will render in writing within a reasonable time.
Written notice of each such claim, dispute and other matter will be delivered by the
claimant to ENGINEER and the other party to the Agreement promptly (but in no
event later than thirty days) after the occurrence of the event giving rise thereto,
and written supporting data will be submitted to ENGINEER and the other party
within sixty days after such occurrence unless ENGINEER allows an additional
period of time to ascertain more accurate data in support of the claim.
9.12 When functioning as interpreter and judge under paragraphs 9.10 and
9.11, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not
be liable in connection with any interpretation or decision rendered in good faith in
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such capacity. The rendering of a decision by ENGINEER pursuant to para-
graphs 9.10 and 9.11 with respect to any such claim, dispute or other matter (except
any which have been waived by the making or acceptance of final payment as
provided in paragraph 14.16) will be a condition precedent to any exercise by
OWNER or CONTRACTOR of such rights or remedies as either may otherwise have
under the Contract Documents or by Laws or Regulations in respect of any such
claim, dispute or other matter.
Limitations on ENGINEER's Responsibilities:
9.13 Neither ENGINEER's authority to act under this Article 9 or elsewhere
in the Contract Documents nor any decision made by ENGINEER in good faith either
to exercise or not exercise such authority shall give rise to any duty or responsibility
of ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, or any other
person or organization performing any of the Work, or to any surety for any of them.
9.14 Whenever in the Contract Documents the terms as ordered ", "as
directed ", "as required ", "as allowed ", "as approved" or terms of like effect or
import are used, or the adjectives "reasonable ", "suitable ", "acceptable ", "proper" or
"satisfactory" or adjectives of like effect or import are used to describe a
requirement, direction, review or judgment of ENGINEER as to the Work, it is
intended that such requirement, direction, review or judgment will be solely to
evaluate the Work for compliance with the Contract Documents (unless there is a
specific statement indicating otherwise). The use of any such term or adjective
shall not be effective to assign to ENGINEER any duty or authority to supervise or
direct the furnishing or performance of the Work or any duty or authority to
undertake responsibility contrary to the provisions of paragraph 9.15 or 9.16.
9.15 ENGINEER will not be responsible for CONTRACTOR's means, methods,
techniques, sequences or procedures of construction, or the safety precautions and
programs incident thereto, and ENGINEER will not be responsible for CONTRAC-
TOR's failure to perform or furnish the Work in accordance with the Contract
Documents.
9.16 ENGINEER will not be responsible for the acts or omissions of CON-
TRACTOR or of any Subcontractor, any Supplier, or of any other person or
organization performing or furnishing any of the Work.
ARTICLE 10 -- CHANGES IN THE WORK
10.1 Without invalidating the Agreement and without notice to any surety,
OWNER may, at any time or from time to time, order additions, deletions or
revisions in the Work; these will be authorized by a Written Amendment, a Change
Order, or a Work Directive Change. Upon receipt of any such document,
CONTRACTOR shall promptly proceed with the Work involved which will be
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performed under the applicable conditions of the Contract Documents (except as
otherwise specifically provided).
10.2 If OWNER and CONTRACTOR are unable to agree as to the extent, if
any, of an increase or decrease in the Contract Price or an extension or shortening
of the Contract Time that should be allowed as a result of a Work Directive Change,
a claim may be made therefor as provided in Article 11 or Article 1Z.
10.3 CONTRACTOR shall not be entitled to an increase in the Contract Price
or an extension of the Contract Time with respect to any Work performed that is
not required by the Contract Documents as amended, modified and supplemented as
provided in paragraphs 3.4 and 3.5, except in the case of an emergency as provided
in paragraph 6.22 and except in the case of uncovering Work as provided in
paragraph 13.9.
10.4 OWNER and CONTRACTOR shall execute appropriate Change Orders (or
Written Amendments) covering:
10.4.1 changes in the Work which are ordered by OWNER pursuant to para-
graph 10.1 are required because of acceptance of defective Work under
paragraph 13.13 or correcting defective Work under paragraph 13.14, or
are agreed to by the parties;
10.4.2 changes in the Contract Price or Contract Time which are agreed to by
the parties; and
10.4.3 changes in the Contract Price or Contract Time which embody the
substance of any written decision rendered by ENGINEER pursuant to
paragraph 9.11;
provided that, in lieu of executing any such Change Order, an appeal may be taken
from any such decision in accordance with the provisions of the Contract Documents
and applicable Laws and Regulations, but during any such appeal, CONTRACTOR
shall carry on the Work and adhere to the progress schedule as provided in
paragraph 6.29.
10.5 If notice of any change affecting the general scope of the Work or the
provisions of the Contract Documents (including, but not limited to, Contract Price
or Contract Time) is required by the provisions of any Bond to be given to a surety,
the giving of any such notice will be CONTRACTOR's responsibility, and the amount
of each applicable Bond will be adjusted accordingly.
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ARTICLE 11 -- CHANGE OF CONTRACT PRICE
11.1 The Contract Price constitutes the total compensation (subject to
authorized adjustments) payable to CONTRACTOR for performing the Work. All
duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR
shall be at his expense without change in the Contract Price.
11.2 The Contract Price may only be changed by a Change Order or by a
Written Amendment. Any claim for an increase or decrease in the Contract Price
shall be based on written notice delivered by the party making the claim to the
other party and to ENGINEER promptly (but in no event later than thirty days) after
the occurrence of the event giving rise to the claim and stating the general nature
of the claim. Notice of the amount of the claim with supporting data shall be
delivered within sixty days after such occurrence (unless ENGINEER allows an
additional period of time to ascertain more accurate data in support of the claim)
and shall be accompanied by claimant's written statement that the amount claimed
covers all known amounts (direct, indirect and consequential) to which the claimant
is entitled as a result of the occurrence of said event. All claims for adjustment in
the Contract Price shall be determined by ENGINEER in accordance with para-
graph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount
involved. No claim for an adjustment in the Contract Price will be valid if not
submitted in accordance with this paragraph 11.2.
11.3 The value of any Work covered by a Change Order or of any claim for an
increase or decrease in the Contract Price shall be determined in one of the
following ways:
11.3.1 Where the Work involved is covered by unit prices contained in the
Contract Documents, by application of unit prices to the quantities of
the items involved (subject to the provisions of paragraphs 11.9.1 through
11.9.3, inclusive).
11.3.2 By mutual acceptance of a lump sum (which may include an allowance
for overhead and profit not necessarily in accordance with para-
graph 11.6.2.1).
11.3.3 On the basis of the Cost of the Work (determined as provided in
paragraphs 11.4 and 11.5) plus a CONTRACTOR's Fee for overhead and
profit (determined as provided in paragraphs 11.6 and 11.7).
Cost of the Work:
11.4 The term Cost of the Work means the sum of all costs necessarily
incurred and paid by CONTRACTOR in the proper performance of the Work. Except
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as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts
no higher than those prevailing in the locality of the Project, shall include only the
following items and shall not include any of the costs itemized in paragraph 11.5.
11.4.1 Payroll costs for employees in the direct employ of CONTRACTOR in
the performance of the Work under schedules of job classifications
agreed upon by OWNER and CONTRACTOR. Payroll costs for employ-
ees not employed full time on the Work shall be apportioned on the basis
of their time spend on the Work. Payroll costs shall include, but not be
limited to, salaries and wages plus the cost of fringe benefits which shall
include social security contributions, unemployment, excise and payroll
taxes, workers' or workmen's compensation, health and retirement bene-
fits, bonuses, sick leave, vacation and holiday pay applicable thereto.
Such employees shall include superintendents and foremen at the site.
The expenses of performing Work after regular working hours, on
Saturday, Sunday or legal holidays, shall be included in the above to the
extent authorized by OWNER.
11.4.2 Cost of all materials and equipment furnished and incorporated in the
Work, including costs of transportation and storage thereof, and Sup-
pliers' field services required in connection therewith. All cash discounts
shall accrue to CONTRACTOR unless OWNER deposits funds with
CONTRACTOR with which to make payments, in which case the cash
discounts shall accrue to OWNER. All trade discounts, rebates and
refunds and all returns from sale of surplus materials and equipment
shall accrue to OWNER, and CONTRACTOR shall make provisions so
that they may be obtained. •
11.4.3 Payments made by CONTRACTOR to the Subcontractors for Work
performed by Subcontractors. If required by OWNER, CONTRACTOR
shall obtain competitive bids from Subcontractors acceptable to CON-
TRACTOR and shall deliver such bids to OWNER who will then deter-
mine, with the advice of Engineer, which bids will be accepted. If a
subcontract provides that the Subcontractor is to be paid on the basis of
Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall
be determined in the same manner as CONTRACTOR's Cost of the Work.
All subcontracts shall be subject to the other provisions of the Contract
Documents insofar as applicable.
11.4.4 Costs of special consultants (including but not limited to engineers,
architects, testing laboratories, surveyors, attorneys and accountants)
employed for services specifically related to the Work.
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11.4.5 Supplemental costs including the following:
11.4.5.1 The proportion of necessary transportation, travel and subsistence
expenses of CONTRACTOR's employees incurred in discharge of
duties connected with the Work.
11.4.5.2 Cost, including transportation and maintenance, of all materials,
supplies, equipment, machinery, appliances, office and temporary
facilities at the site and hand tools not owned by the workers,
which are consumed in the performance of the Work, and cost less
market value of such items used but not consumed which remain
the property of CONTRACTOR.
11.4.5.3 Rentals of all construction equipment and machinery and the parts
thereof whether rented from CONTRACTOR or others in accord-
ance with rental agreements approved by OWNER with the advice
of ENGINEER, and the costs of transportation, loading, unloading,
installation, dismantling and removal thereof - -all in accordance
with terms of said rental agreements. The rental of any such
equipment, machinery or parts shall cease when the use thereof is
no longer necessary for the Work.
11.4.5.4 Sales, consumer, use or similar taxes related to the Work, and for
which CONTRACTOR is liable, imposed by Laws and Regulations.
11.4.5.5 Deposits lost for causes other than negligence of CONTRACTOR,
any Subcontractor or anyone directly or indirectly employed by any
of them or for whose acts any of them may be liable, and royalty
payments and fees for permits and licenses.
11.4.5.6 Losses and damages (and related expenses), not compensated by
insurance or otherwise, to the Work or otherwise sustained by
CONTRACTOR in connection with the performance and furnishing
of the Work (except losses and damages within the deductible
amounts of property insurance established by OWNER in accord-
ance with paragraph 5.9), provided they have resulted from causes
other than the negligence of CONTRACTOR, any Subcontractor, or
anyone directly or indirectly employed by any of them or for whose
acts any of them may be liable. Such losses shall include
settlements made with the written consent and approval of
OWNER. No such losses, damages and expenses shall be included in
the Cost of the Work for the purpose of determining CONTRAC-
TOR's Fee. If, however, any such loss or damage requires
reconstruction and CONTRACTOR is placed in charge thereof,
CONTRACTOR shall be paid for services a fee proportionate to
that stated in paragraph 11.6.2. -
GC -34
11.4.5.7 The cost of utilities, fuel and sanitary facilities at the site.
11.4.5.8 Minor expenses such as telegrams, long distance telephone calls,
telephone service at the site, expressage and similar petty cash
items in connection with the Work.
11.4.5.9 Cost of premiums for additional Bonds and insurance required
because of changes in the Work and premiums for property
insurance coverage within the limits of the deductible amounts
established by OWNER in accordance with paragraph 5.9.
11.5 The term Cost of the Work shall not include any of the following:
11.5.1 Payroll costs and other compensation of CONTRACTOR's officers,
executives, principals (of partnership and sole proprietorships), general
managers, engineers, architects, estimators, attorneys, auditors, ac-
countants, purchasing and contracting agents, expediters, timekeepers,
clerks and other personnel employed by CONTRACTOR whether at the
site or in CONTRACTOR's principal or a branch office for general
administration of the Work and not specifically included in the agreed
upon schedule of job classifications referred to in paragraph 11.4.1 or
specifically covered by paragraph 11.4.4- -all of which are to be con-
sidered administrative costs covered by the CONTRACTOR's Fee.
11.5.2 Expenses of CONTRACTOR's principal and branch offices other than
CONTRACTOR's office at the site.
11.5.3 Any part of CONTRACTOR's capital expenses, including interest on
CONTRACTOR's capital employed for the Work and charges against
CONTRACTOR for delinquent payments.
11.5.4 Cost of premiums for all Bonds and for all insurance whether or not
CONTRACTOR is required by the Contract Documents to purchase and
maintain the same (except for the cost of premiums covered by
subparagraph 11.4.5.9 above).
11.5.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or
anyone directly or indirectly employed by any of them or for whose acts
any of them may be liable, including but not limited to the correction of
defective Work, disposal of materials or equipment wrongly supplied and
making good any damage to property.
11.5.6 Other overhead or general expense costs of any kind and the costs of any
item not specifically and expressly included in paragraph 11.4.
GC -35
CONTRACTOR's Fee: .
11.6 The CONTRACTOR's Fee allowed to CONTRACTOR for overhead and
profit shall be determined as follows:
11.6.1 a mutually acceptable fixed fee; or if none can be agreed upon,
11.6.2 a fee based on the following percentages of the various portions of the
Cost of the Work:
11.6.2.1 for costs incurred under paragraphs 11.4.1 and 11.4.2, the CON -
TRACTOR's Fee shall be fifteen percent;
11.6.2.2 for costs incurred under paragraph 11.4.3, the CONTRACTOR's
Fee shall be five percent; and if a subcontract is on the basis of
Cost of the Work Plus a Fee, the maximum allowable to CON-
TRACTOR on account of overhead and profit of all Subcontractors
shall be fifteen percent;
11.6.2.3 no fee shall be payable on the basis of costs itemized under
paragraphs 11.4.4, 11.4.5 and 11.5;
11.6.2.4 the amount of credit to be allowed by CONTRACTOR to OWNER
for any such change which results in a net decrease in cost will be
the amount of the actual net decrease plus a deduction in CON -
TRACTOR's Fee by an amount equal to ten percent of the net
decrease; and
11.6.2.5 when both additions and credits are involved in any one change, the
adjustment in CONTRACTOR's Fee shall be computed on the basis
of the net change in accordance with paragraphs 11.6.2.1 through
11.6.2.4, inclusive.
11.7 Whenever the cost of any Work is to be determined pursuant to
paragraph 11.4 or 11.5, CONTRACTOR will submit in form acceptable to ENGI-
NEER an itemized cost breakdown together with supporting data.
Cash Allowances:
11.8 It is understood that CONTRACTOR has included in the Contract Price
all allowances so named in the Contract Documents and shall cause the Work so
covered to be done by such Subcontractors or Suppliers and for such sums within the
limit of the allowances as may be acceptable to ENGINEER. CONTRACTOR agrees
that:
GC -36
11.8.1 The allowances include the cost to CONTRACTOR (less any applicable
trade discounts) or materials and equipment required by the allowances
to be delivered at the site, and all applicable taxes; and
11.8.2 CONTRACTOR's costs for unloading and handling on the site, labor,
installation costs, overhead, profit and other expenses contemplated for
the allowances have been included in the Contract Price and not in the
allowances. No demand for additional payment on account of any thereof
will be valid.
• Prior to final payment, an appropriate Change Order will be issued as
recommended by ENGINEER to reflect actual amounts due CONTRACTOR on
account of Work covered by allowances, and the Contract Price shall be corre-
spondingly adjusted.
Unit Price Work:
11.9.1 Where the Contract Documents provide that all or part of the Work is to
be Unit Price Work, initially the Contract Price will be deemed to
include for all Unit Price Work an amount equal to the sum of the
established unit prices for each separately identified item of Unit Price
Work times the estimated quantity of each' item as indicated in the
Agreement. The estimated quantities of items of Unit Price Work are
not guaranteed and are solely for the purpose of comparison of Bids and
determining an initial Contract Price. Determinations of the actual
quantities and classifications of Unit Price Work performed by CON-
TRACTOR will be made by ENGINEER in accordance with para-
graph 9.10.
11.9.2 Each unit price will be deemed to include an amount considered by
CONTRACTOR to be adequate to cover CONTRACTOR's overhead and
profit for each separately identified item.
11.9.3 Where the quantity of any item of Unit Price Work performed by
CONTRACTOR differs materially and significantly from the estimated
quantity of such item indicated in the Agreement and there is no
corresponding adjustment with respect to any other item of Work and if
CONTRACTOR believes that CONTRACTOR has incurred additional
expense as a result thereof, CONTRACTOR may make a claim for an
increase in the contract Price in accordance with Article 11 if the
parties are unable to agree as to the amount of any such increase.
GC -37
12.1 The Contract Time may only be changed by a Change Order or a Written
Amendment. Any claim for an extension or shortening of the Contract Time shall
be based on written notice delivered by the party making the claim to the other
party and to ENGINEER promptly (but in no event later than thirty days) after the
occurrence of the event giving rise to the claim and stating the general nature of
the claim. Notice of the extent of the claim with supporting data shall be delivered
within sixty days after such occurrence (unless ENGINEER allows an additional
period of time to ascertain more accurate data in support of the claim) and shall be
accompanied by the claimant's written statement that the adjustment claimed is the
entire adjustment to which the claimant has reason to believe it is entitled as a
result of the occurrence of said event. All claims for adjustment in the Contract
Time shall be determined by ENGINEER in accordance with paragraph 9.11 if
OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in
the Contract Time will be valid if not submitted in accordance with the require-
ments of this paragraph 12.1.
12.2 The Contract Time will be extended in an amount equal to time lost due
to delays beyond the control of CONTRACTOR if a claim is made therefor as
provided in paragraph 12.1. Such delays shall include, but not be limited to, acts or
neglect by OWNER or others performing additional work as contemplated by
Article 7, or to fires, floods, labor disputes, epidemics, abnormal weather conditions
or acts of God.
12.3 All time limits stated in the Contract Documents are of the essence of
the Agreement. The provisions of this Article 12 shall not exclude recovery for
damages (including but not limited to fees and charges of engineers, architects,
attorneys and other professionals and court and arbitration costs) for delay by either
party.
ARTICLE 13 -- WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
Warranty and Guarantee:
ARTICLE 12-- CHANGE OF CONTRACT TIME
13.1 CONTRACTOR warrants and guarantees to OWNER and ENGINEER that
all Work will be in accordance with the Contract Documents and will not be
defective. Prompt notice of all defects shall be given to CONTRACTOR. All
defective Work, whether or not in place, may be rejected or accepted as provided in
this Article 13.
GC -38
Access to Work:
13.2 ENGINEER and ENGINEER's representatives, other representatives of
OWNER, testing agencies and governmental agencies with jurisdictional interests
will have access to the Work at reasonable times for their observation, inspecting
and testing. CONTRACTOR shall provide proper and safe conditions for such
access.
Tests and Inspections:
13.3 CONTRACTOR shall give ENGINEER timely notice of readiness of the
Work for all required inspections, tests or approvals.
13.4 If Laws or Regulations of any public body having jurisdiction require any
Work (or part thereof) to specifically be inspected, tested or approved, CONTRAC-
TOR shall assume full responsibility therefor, pay all costs in connection therewith
and furnish ENGINEER the required certificates of inspection, testing or approval.
CONTRACTOR shall also be responsible for and shall pay all costs in connection
with any inspection or testing required in connection with OWNER's or ENGINEER's
acceptance of a Supplier of materials or equipment proposed to be incorporated in
the Work, or of materials or equipment submitted for approval prior to CON -
TRACTOR's purchase thereof for the incorporation in the Work. The cost of all
inspections, tests and approvals in addition to the above which are required by the
Contract Documents shall be paid by OWNER (unless otherwise specified).
13.5 All inspections, tests or approvals other than those required by Laws or
Regulations of any public body having jurisdiction shall be performed by organiza-
tions acceptable to OWNER and CONTRACTOR (or by ENGINEER if so specified).
13.6 If any Work (including the work of others) that is to be inspected, tested
or approved is covered without written concurrence of ENGINEER, it must, if
requested by ENGINEER, be uncovered for observation. Such uncovering shall be at
CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice
of CONTRACTOR's intention to cover the same and ENGINEER has not acted with
reasonable promptness in response to such notice.
13.7 Neither observations by ENGINEER nor inspections, tests or approvals by
others shall relieve CONTRACTOR from CONTRACTOR's obligations to perform
the Work in accordance with the Contract Documents.
Uncovering Work:
13.8 If any Work is covered contrary to the written request of ENGINEER, it
:oust, if requested by ENGINEER, be uncovered for ENGINEER's observation and
replaced at CONTRACTOR'S expense.
GC -39
13.9 If ENGINEER considers it necessary or advisable that covered Work be
observed by ENGINEER or inspected or tested by others, CONTRACTOR, at
ENGINEER's request, shall uncover, expose or otherwise make available for obser-
vation, inspection or testing as ENGINEER may require, that portion of the Work in
question, furnishing all necessary labor, material and equipment. If it is found that
such Work is defective, CONTRACTOR shall bear all direct, indirect and conse-
quential costs of such uncovering, exposure, observation, inspection and testing and
of satisfactory reconstruction (including but not limited to fees and charges of
engineers, architects, attorneys and other professionals), and OWNER shall be
entitled to an appropriate decrease in the Contract Price, and, if the parties are
unable to agree as to the amount thereof, may make a claim therefor as provided in
Article 11. If, however, such Work is not found to be defective, CONTRACTOR
shall be allowed an increase in the Contract Price or an extension of the Contract
Time, or both, directly attributable to such uncovering, exposure, observation,
inspection, testing and reconstruction; and, if the parties are unable to agree as to
the amount or extent thereof, CONTRACTOR may make a claim therefor as
provided in Articles 11 and 12.
Owner May Stop the Work:
13.10 If the Work is defective, or CONTRACTOR fails to supply sufficient
skilled workers or suitable materials or equipment, or fails to furnish or perform the
Work in such a way that the completed Work will conform to the Contract
Documents, OWNER may order CONTRACTOR to stop the Work, or any portion
thereof, until the cause for such order has been eliminated; however, this right of
OWNER to stop the Work shall not give rise to any duty on the part of OWNER to
exercise this right for the benefit of CONTRACTOR or any other party.
Correction or Removal of Defective Work:
13.11 If required by ENGINEER, CONTRACTOR shall promptly, as directed,
either correct all defective Work, whether or not fabricated, installed or completed,
or, if the Work has been rejected by ENGINEER, remove it from the site and replace
it with nondefective Work. CONTRACTOR shall bear all direct, indirect and
consequential costs of such correction or removal (including but not limited to fees
and charges of engineers, architects, attorneys and other professionals) made
necessary thereby.
One Year Correction Period:
13.12 If within one year after the date of Substantial Completion or such
longer period of time as may be prescribed by Laws or Regulations or by the terms
of any applicable special guarantee required by the Contract Documents or by any
specific provision of the Contract Documents, any Work is found to be defective,
CONTRACTOR shall promptly, without cost to OWNER and in accordance with
OWNER's written instructions, either correct such-defective Work, or, if it has been
GC-40
rejected by OWNER, remove it from the site and replace it with nondefective Work.
If CONTRACTOR does not promptly comply with the terms of such instructions, or
in an emergency where delay would cause serious risk of loss or damage, OWNER
may have the defective Work corrected or the rejected Work removed and replaced,
and all direct, indirect and consequential costs of such removal and replacement
(including but not limited to fees and charges of engineers, architects, attorneys and
other professions) will be paid by CONTRACTOR. In special circumstances where a
particular item of equipment is placed in continuous service before Substantial
Completion of all the Work, the correction period for that item may start to run
from an earlier date if so provided in the Specifications or by Written Amendment.
Acceptance of Defective Work:
13.13 If, instead of requiring correction or removal and replacement of
defective Work, OWNER (and, prior to ENGINEER's recommendation of final
payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR
shall bear all direct, indirect and consequential costs attributable to OWNER's
evaluation of and determination to accept such defective Work (such costs to be
approved by ENGINEER as to reasonableness and to include but not be limited to
fees and charges of engineers, architects, attorneys and other professionals). If any
such acceptance occurs prior to ENGINEER's recommendation of final payment, a
Change Order will be issued incorporating the necessary revisions in the Contract
Documents with respect to the Work; and OWNER shall be entitled to an appropriate
decrease in the Contract Price, and, if the parties are unable to agree as to the
amount thereof, OWNER may make a claim therefor as provided in Article 11. If
the acceptance occurs after such recommendation, an appropriate amount will be
paid by CONTRACTOR to OWNER.
OWNER May Correct Defective Work:
13.14 If CONTRACTOR fails within a reasonable time after written notice of
ENGINEER to proceed to correct and to correct defective Work or to remove and
replace rejected Work as required by ENGINEER in accordance with para-
graph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the
Contract Documents, or if CONTRACTOR fails to comply with any other provision
of the Contract Documents, OWNER may, after seven days' written notice to
CONTRACTOR, correct and remedy any such deficiency. In exercising the rights
and remedies under this paragraph, OWNER shall proceed expeditiously. To the
extent necessary to complete corrective and remedial action, OWNER may exclude
CONTRACTOR from all or part of the site, take possession of all or part of the
Work, and suspend CONTRACTOR's services related thereto, take possession of
CONTRACTOR'S tools, appliances, construction equipment and machinery at the
site and incorporate in the Work all materials and equipment stored at the site or
for which OWNER has paid CONTRACTOR but which are stored elsewhere.
CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employ-
ees such access to the site as may be necessary to enable OWNER to exercise the
GC-41
rights and remedies under this paragraph. All direct, indirect and consequential
costs of OWNER in exercising such rights and remedies will be charged against
CONTRACTOR in an amount approved as to reasonableness by ENGINEER, and a
Change Order will be issued incorporating the necessary revisions in the Contract
Documents with respect to the Work; and OWNER shall be entitled to an appropriate
decrease in the Contract Price, and, if the parties are unable to agree as to the
amount thereof, OWNER may make a claim therefor as provided in Article 11. Such
direct, indirect and consequential costs will include but not be limited to fees and
charges of engineers, architects, attorneys and other professionals, all court and
arbitration costs and all costs of repair and replacement of work of others destroyed
or damaged by correction, removal or replacement of CONTRACTOR's defective
Work. CONTRACTOR shall not be allowed an extension of the Contract Time
because of any delay in performance of the Work attributable to the exercise by
OWNER of OWNER's rights and remedies hereunder.
Schedule of Values:
14.1 The schedule of values established as provided in paragraph 2.9 will serve
as the basis for progress payments and will be incorporated into a form of
Application for Payment acceptable to ENGINEER. Progress payments on account
of Unit Price Work will be based on the number of units completed.
Application for Progress Payment:
ARTICLE 14-- PAYMENTS TO CONTRACTOR
AND COMPLETION
14.2 At least twenty days before each progress payment is scheduled (but not
more often than once a month), CONTRACTOR shall submit to ENGINEER for
review an Application for Payment filled and signed by CONTRACTOR covering the
Work completed as of the date of the Application and accompanied by such
supporting documentation as is required by the Contract Documents. If payment is
requested on the basis of materials and equipment not incorporated in the Work but
delivered and suitably stored at the site or at another location agreed to in writing,
the Application for Payment shall also be accompanied by a bill of sale, invoice or
other documentation warranting that OWNER has received the materials and
equipment free and clear of all liens, charges, security interests and encumbrances
(which are hereinafter in these General Conditions referred to as "Liens ") and
evidence that the materials and equipment are covered by appropriate property
insurance and other arrangements to protect OWNER's interest therein, all of which
will be satisfactory to OWNER. The amount of retainage with respect to progress
payments will be as stipulated in the Agreement.
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CONTRACTOR's Warranty of Title:
14.3 CONTRACTOR warrants and guarantees that title to all Work, materials
and equipment covered by any Application for Payment, whether incorporated in the
Project or not, will pass to OWNER no later than the time of payment free and clear
of all Liens.
Review of Applications for Progress Payment:
14.4 ENGINEER will, within ten days after receipt of each Application for
Payment, either indicate in writing a recommendation of payment and present the
Application to OWNER, or return the Application to CONTRACTOR indicating in
writing ENGINEER's reasons for refusing to recommend payment. In the latter
case, CONTRACTOR may make the necessary corrections and resubmit the
Application. Ten days after presentation of the Application for Payment with
ENGINEER's recommendation, the amount recommended will (subject to the pro-
visions of the last sentence of paragraph 14.7) become due and when due will be paid
by OWNER to CONTRACTOR.
14.5 ENGINEER's recommendation of any payment requested in an Applica-
tion for Payment will constitute a representation by ENGINEER to OWNER, based
on ENGINEER's on -site observations of the Work in progress as an experienced and
qualified design professional and on ENGINEER's review of the Application for
Payment and the accompanying data and schedules that the Work has progressed to
the point indicated; that, to the best of ENGINEER's knowledge, information and
belief, the quality of the Work is in accordance with the Contract Documents
(subject to an evaluation of the Work as a functioning whole prior to or upon
Substantial Completion, to the results of any subsequent tests called for in the
Contract Documents, to a final determination of quantities and classifications for
Unit Price Work under paragraph 9.10, and to any other qualifications stated in the
recommendation); and that CONTRACTOR is entitled to payment of the amount
recommended. However, by recommending any such payment, ENGINEER will not
thereby be deemed to have represented that exhaustive or continuous on -site
inspections have been made to check the quality or the quantity of the Work beyond
the responsibilities specifically assigned to ENGINEER in the Contract Documents
or that there may not be other matters or issues between the parties that might
entitle CONTRACTOR to be paid additionally by OWNER or OWNER to withhold
payment to CONTRACTOR.
14.6 ENGINEER's recommendation of final payment will constitute an addi-
tional representation by ENGINEER to OWNER that the conditions precedent to
CONTRACTOR's being entitled to final payment as set forth in paragraph 14.13
have been fulfilled.
14.7 ENGINEER may refuse to recommend the whole or any part of any
payment if, in ENGINEER's opinion, it would be incorrect to make such
GC-43
representations to OWNER. ENGINEER may also refuse to recommend any such
payment, or, because of subsequently discovered evidence of the results of subse-
quent inspections or tests, nullify any such payment previously recommended, to
such extent as may be necessary in ENGINEER's opinion to protect OWNER from
loss because:
14.7.1 the Work is defective, or completed Work has been damaged requiring
correction or replacement,
14.7.2 the Contract Price has been reduced by Written Amendment or Change
Order,
14.7.3 OWNER has been required to correct defective Work or complete Work
in accordance with paragraph 13.14, or
14.7.4 of ENGINEER's actual knowledge of the occurrence of any of the events
enumerated in paragraphs 152.1 through 15.2.9 inclusive.
OWNER may refuse to make payment of the full amount recommended by
ENGINEER because claims have been made against OWNER on account of CON -
TRACTOR's performance or furnishing of the Work or Liens have been filed in
connection with the Work or there are other items entitling OWNER to a set -off
against the amount recommended, but OWNER must give CONTRACTOR immediate
written notice (with a copy to ENGINEER) stating the reasons for such action.
Substantial Completion:
14.8 When CONTRACTOR considers the entire Work ready for its intended
use, CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire
Work is substantially complete (except for items specifically listed by CONTRAC-
TOR as incomplete) and request that ENGINEER issue a certificate of Substantial
Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and
ENGINEER shall make an inspection of the Work to determine the status of
completion. If ENGINEER does not consider the Work substantially complete,
ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If
ENGINEER considers the Work substantially complete, ENGINEER will prepare and
deliver to OWNER a tentative certificate of Substantial Completion which shall fix
the date of Substantial Completion. There shall be attached to the certificate a
tentative list of items to be completed or corrected before final payment. OWNER
shall have seven days after receipt of the tentative certificate during which to make
written objection to ENGINEER as to any provisions of the certificate or attached
list. If, after considering such objections, ENGINEER concludes that the Work is not
substantially complete, ENGINEER will within fourteen days after submission of the
tentative certificate to OWNER notify CONTRACTOR in writing, stating the
reasons therefor. If, after consideration of OWNER's objections, ENGINEER
considers the Work substantially complete, ENGINEER will within said fourteen days
GC-44
Partial Utilization:
GC-45
execute and deliver to OWNER and CONTRACTOR a definitive certificate of
Substantial Completion (with a revised tentative list of items to be completed or
corrected) reflecting such changes from the tentative certificate as ENGINEER
believes justified after consideration of any objections from OWNER. At the time
of delivery of the tentative certificate of Substantial Completion, ENGINEER will
deliver to OWNER and CONTRACTOR a written recommendation as to division of
responsibilities pending final payment between OWNER and CONTRACTOR with
respect to security, operation, safety, maintenance, heat, utilities, insurance and
warranties. Unless OWNER and CONTRACTOR agree otherwise in writing and so
inform ENGINEER prior to ENGINEER's issuing the definitive certificate of
Substantial Completion, ENGINEER's aforesaid recommendation will be binding on
OWNER and CONTRACTOR until final payment.
14.9 OWNER shall have the right to exclude CONTRACTOR from the Work
after the date of Substantial Completion, but OWNER shall allow CONTRACTOR
reasonable access to complete or correct items on the tentative list.
14.10 Use by OWNER of any finished part of the Work, which has specifically
been identified in the Contract Documents, or which OWNER, ENGINEER and
CONTRACTOR agree constitutes a separately functioning and usable part of the
Work that can be used by OWNER without significant interference with CON -
TRACTOR's performance of the remainder of the Work, may be accomplished prior
to Substantial Completion of all the Work subject to the following:
14.10.1 OWNER at any time may request CONTRACTOR in writing to permit
OWNER to use any such part of the Work which OWNER believes to be
ready for its intended use and substantially complete. If CONTRACTOR
agrees, CONTRACTOR will certify to OWNER and ENGINEER that said
part of the Work is substantially complete and request ENGINEER to
issue a certificate of Substantial Completion for that part of the Work.
CONTRACTOR at any time may notify OWNER and ENGINEER in
writing that CONTRACTOR considers any such part of the Work ready
for its intended use and substantially complete and request ENGINEER
to issue a certificate of Substantial Completion for that part of the
Work. Within a reasonable time after either such request, OWNER,
CONTRACTOR and ENGINEER shall make an inspection of that part of
the Work to determine its status of completion. If ENGINEER does not
consider that part of the Work to be substantially complete, ENGINEER
will notify OWNER and CONTRACTOR in writing, giving the reasons
therefor. If ENGINEER considers that part of the Work to be substan-
tially complete, the provisions of paragraphs 14.8 and 14.9 will apply
with respect to certification of Substantial Completion of that part of
the Work and the division of responsibility in respect thereof and access
thereto.
14.10.2 • OWNER may at any time request CONTRACTOR in writing to permit
OWNER to take over operation of any such part of the Work although it
is not substantially complete. A copy of such request will be sent to
ENGINEER and within a reasonable time thereafter OWNER, CON-
TRACTOR and ENGINEER shall make an inspection of that part of the
Work to determine its status of completion and will prepare a list of the
items remaining to be completed or corrected thereon before final
payment. If CONTRACTOR does not object in writing to OWNER and
ENGINEER that such part of the Work is not ready for separate
operation by OWNER, ENGINEER will finalize the list of items to be
completed or corrected and will deliver such list to OWNER and
CONTRACTOR together with a written recommendation as to the
division of responsibilities pending final payment between OWNER and
CONTRACTOR with respect to security, operation, safety, maintenance,
utilities, insurance, warranties and guarantees for that part of the Work
which will become binding upon OWNER and CONTRACTOR at the time
when OWNER takes over such operation (unless they shall have otherwise
agreed in writing and so informed ENGINEER). During such operation
and prior to Substantial Completion of such part of the Work, OWNER
shall allow CONTRACTOR reasonable access to complete or correct
items on said list and to complete other related Work.
14.10.3 No occupancy or separate operation of part of the Work will be
accomplished prior to compliance with the requirements of para-
graph 5.15 in respect of property insurance.
Final Inspection:
14.11 Upon written notice from CONTRACTOR that the entire Work or an
agreed portion thereof is complete, ENGINEER will make a final inspection with
OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all
particulars in which this inspection reveals that the Work is incomplete or defective.
CONTRACTOR shall immediately take such measures as are necessary to remedy
such deficiencies.
Final Application for Payment:
14.12 After CONTRACTOR has completed all such corrections to the satis-
faction of ENGINEER and delivered all maintenance and operating instructions,
schedules, guarantees, Bonds, certificates of inspection, marked -up record docu-
ments (as provided in paragraph 6.19) and other documents - -all as required by the
Contract Documents, and after ENGINEER has indicated that the Work is accept-
able (subject to the provisions of paragraph 14.16), CONTRACTOR may make
application for final payment following the procedure for progress payments. The
final Application for Payment shall be accompanied by all documentation called for
in the Contract Documents, together with complete and legally effective releases or
GC-46
waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection
with the Work. In lieu thereof and as approved by OWNER, CONTRACTOR may
furnish receipts or releases in full; an affidavit of CONTRACTOR that the releases
and receipts include all labor, services, materials and equipment for which a Lien
could be filed, and that all payrolls, material and equipment bills, and other
indebtedness connected with the Work for which OWNER or OWNER's property
might in any way be responsible, have been paid or otherwise satisfied; and consent
of the surety, if any, to final payment. If any Subcontractor or Supplier fails to
furnish a release or receipt in full, CONTRACTOR may furnish a Bond or other
collateral satisfactory to OWNER to indemnify OWNER against any Lien.
Final Payment and Acceptance:
14.13 If, on the basis of ENGINEER's observation of the Work during construc-
tion and final inspection, and ENGINEER`s review of the final Application for
Payment and accompanying documentation - -all as required by the Contract Docu-
ments, ENGINEER is satisfied that the Work has been completed and CONTRAC-
TOR's other obligations under the Contract Documents have been fulfilled, ENGI-
NEER will, within ten days after receipt of the final Application for Payment,
indicate in writing ENGINEER's recommendation of payment and present the
Application to OWNER for payment. Thereupon, ENGINEER will give written
notice to OWNER and CONTRACTOR that the Work is acceptable subject to the
provisions of paragraph 14.16. Otherwise, ENGINEER will return the Application to
CONTRACTOR, indicating in writing the reasons for refusing to recommend final
payment, in which case CONTRACTOR shall make the necessary corrections and
resubmit the Application. Thirty days after presentation to OWNER of the
Application and accompanying documentation, in appropriate form and substance,
and with ENGINEER's recommendation and notice of acceptability, the amount
recommended by ENGINEER will become due and will be paid by OWNER to
CONTRACTOR.
14.14 If, through no fault of CONTRACTOR, final completion of the Work is
significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of
CONTRACTOR's final Application for Payment and recommendation of ENGINEER,
and without terminating the Agreement, make payment of the balance due for that
portion of the Work fully completed and accepted. If the remaining balance to be
held by OWNER for Work not fully completed or corrected is less than the retaining
stipulated in the Agreement, and if Bonds have been furnished as required in
paragraph 5.1, the written consent of the surety to the payment of the balance due
for that portion of the Work fully completed and accepted shall be submitted by
CONTRACTOR to ENGINEER with the Application for such payment. Such
payment shall be made under the terms and conditions governing final payment,
except that it shall not constitute a waiver of claims.
GC-47
Contractor's Continuing Obligation:
14.15 CONTRACTOR'S obligation to perform and complete the work in ac-
cordance with the Contract Documents shall be absolute. Neither recommendation
of any progress or final payment by ENGINEER, nor the issuance of a certificate of
Substantial Completion, nor any payment by OWNER to CONTRACTOR under the
Contract Documents, nor any use or occupancy of the Work or any part thereof by
OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any
review and approval of a Shop Drawing or sample submission, nor the issuance of a
notice of acceptability by ENGINEER pursuant to paragraph 14.13, nor any correc-
tion of defective Work by OWNER will constitute an acceptance of Work not in
accordance with the Contract Documents or a release of CONTRACTOR's obliga-
tion to perform the Work in accordance with the Contract Documents (except as
provided in paragraph 14.16).
Waiver of Claim:
14.16 The making and acceptance of final payment will constitute:
14.16.1 a waiver of all claims by OWNER against CONTRACTOR, except claims
arising from unsettled Liens, from defective Work appearing after final
inspection pursuant to paragraph 14.11 or from failure to comply with
the Contract Documents or the terms of any special guarantees specified
therein; however, it will not constitute a waiver by OWNER of any rights
in respect of CONTRACTOR'S continuing obligations under the Contract
Documents; and
14.16.2 a waiver of all claims by CONTRACTOR against OWNER other than
those previously made in writing and still unsettled.
Owner May Suspend Work:
ARTICLE 15-- SIISPENSION OF WORK
AND TERMINATION
15.1 OWNER may, at any time and without cause, suspend the Work or any
portion thereof for a period of not more than ninety days by notice in writing to
CONTRACTOR and ENGINEER which will fix the date on which Work will be
resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRAC-
TOR shall be allowed an increase in the Contract Price or an extension of the
Contract Time, or both, directly attributable to any suspension if CONTRACTOR
makes an approved claim therefore as provided in Articles 11 and 12.
GC-48
Owner May Terminate:
15.2 Upon the occurrence of any one of more of the following events:
15.2.1 if CONTRACTOR commences a voluntary case under any chapter of the
Bankruptcy Code (Title 11, United States Code), as now or hereafter in
effect, or if CONTRACTOR takes any equivalent or similar action by
filing a petition or otherwise under any other federal or state law in
effect at such time relating to the bankruptcy or insolvency;
15.2.2 if a petition is filed against CONTRACTOR under any chapter of the
Bankruptcy Code as now or hereafter in effect at the time of filing, or if
a petition is filed seeking any such equivalent or similar relief against
CONTRACTOR under any other federal or state law in effect at the
time relating to bankruptcy or insolvency;
15.2.3 if CONTRACTOR makes a general assignment for the benefit of
creditors;
15.2.4 if a trustee, receiver, custodian or agent of CONTRACTOR is appointed
under applicable law or under contract, whose appointment or authority
to take charge of property of CONTRACTOR is for the purpose of
enforcing a Lien against such property or for the purpose of general
administration of such property for the benefit of CONTRACTOR's
creditors;
15.2.5 if CONTRACTOR admits in writing an inability to pay its debts as they
become due;
15.2.6 if CONTRACTOR persistently fails to perform the Work in accordance
with the Contract Documents (including, but not limited to, failure to
supply sufficient skilled workers or suitable materials or equipment or
failure to adhere to the progress schedule established under para-
graph 2.9 as revised from time to time);
15.2.7 if CONTRACTOR disregards Laws or Regulations of any public body
having jurisdiction;
15.2.8 if CONTRACTOR disregards the authority of ENGINEER; or
15.2.9 if CONTRACTOR otherwise violates in any substantial way any provi-
sions of the Contract Documents;
OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven
days' written notice and to the extent permitted by Laws and Regulations, terminate
the services of CONTRACTOR, exclude CONTRACTOR from the site and take
GC-49
possession of the Work and all of CONTRACTOR's tools, appliances, construction
equipment and machinery at the site and use the same to the full extent they could
be used by CONTRACTOR (without liability to CONTRACTOR for trespass or
conversion), incorporate in the Work all materials and equipment stored at the site
or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and
finish the Work as OWNER may deem expedient. In such case, CONTRACTOR shall
not be entitled to receive any further payment until the Work is finished. If the
unpaid balance of the Contract Price exceeds the direct, indirect and consequential
costs of completing the Work (including but not limited to fees and charges of
engineers, architects, attorneys and other professionals and court and arbitration
costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid
balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by
OWNER will be approved as to reasonableness by ENGINEER and incorporated in a
Change Order, but when exercising any rights or remedies under this paragraph,
OWNER shall not be required to obtain the lowest price for the Work performed.
15.3 Where CONTRACTOR's services have been so terminated by OWNER,
the termination will not affect any rights or remedies of OWNER against CON-
TRACTOR then existing of which may thereafter accrue. Any retention or payment
of monies due CONTRACTOR by OWNER will not release CONTRACTOR from
liability.
15.4 Upon seven days' written notice to CONTRACTOR and ENGINEER,
OWNER may, without cause and without prejudice to any other right or remedy,
elect to abandon the Work and terminate the Agreement. In such case, CON-
TRACTOR shall be paid for all Work executed and any expense sustained plus
reasonable termination expenses, which will include, but not be limited to, direct,
indirect and consequential costs (including, but not limited to, fees and charges of
engineers, architects, attorneys and other professionals and court and arbitration
costs).
Contractor May Stop Work or Terminate:
15.5 If, through no act or fault of CONTRACTOR, the Work is suspended for
a period of more than ninety days by OWNER or under an order of court or other
public authority, or ENGINEER fails to act on any Application for Payment within
thirty days after it is submitted, or OWNER fails for thirty days to pay CON-
TRACTOR any sum finally determined to be due, the CONTRACTOR may, upon
seven days' written notice to OWNER and ENGINEER, terminate the Agreement and
recover from OWNER payment for all Work executed and any expense sustained plus
reasonable termination expenses. In addition and in lieu of terminating the
Agreement, if ENGINEER has failed to act on an Application for Payment or
OWNER has failed to make any payment as aforesaid, CONTRACTOR may upon
seven days' written notice to OWNER and ENGINEER stop the Work until payment
of all amounts then due. The provisions of this paragraph shall not relieve
CONTRACTOR of the obligations under paragraph 6.29 to carry on the Work in
GC -50
accordance with the progress schedule and without delay during disputes and
disagreements with OWNER.
ARTICLE 16-- ARBITRATION
16.1 All claims, disputes and other matters in question between OWNER and
CONTRACTOR arising out of, or relating to the Contract Documents or the breach
thereof (except for claims which have been waived by the making or acceptance of
final payment as provided by paragraph 14.16) will be decided by artibration in
accordance with the Construction Industry Arbitration Rules of the American
Arbitration Association then obtaining subject to the limitations of this Article 16.
This agreement so to arbitrate and any other agreement or consent to arbitrate
entered into in accordance herewith as provided in this Article 16 will be specific-
ally enforceable under the prevailing law of any court having jurisdiction.
16.2 No demand for arbitration of any claim, dispute or other matter that is
required to be referred to ENGINEER initially for decision in accordance with
paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has
rendered a decision or (b) the tenth day after the parties have presented their
evidence to ENGINEER if a written decision has not been rendered by ENGINEER
before that date. No demand for arbitration of any such claim, dispute or other
matter will be made later than thirty days after the date on which ENGINEER has
rendered a written decision in respect thereof in accordance with paragraph 9.11;
and the failure to demand arbitration within said thirty days' period shall result in
ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If
ENGINEER renders a decision after arbitration proceedings have been initiated,
such decision may be entered as evidence but will not supersede the arbitration
proceedings, except where the decision is acceptable to the parties concerned. No
demand for arbitration of any written decision of ENGINEER rendered in accord-
ance with paragraph 9.10 will be made later than ten days after the party making
such demand has delivered written notice of intention to appeal as provided in
paragraph 9.10.
16.3 Notice of the demand for arbitration will be filed in writing with the
other party to the Agreement and with the American Arbitration Association, and a
copy will be sent to ENGINEER for information. The demand for arbitration will be
made within the thirty -day or ten -day period specified in paragraph 16.2, as
applicable, and in all such cases within a reasonable time after the claim, dispute or
other matter in question has arisen, and in no event shall any such demand be made
after the date when institution of legal or equitable proceedings based on such
claim, dispute or other matter in question would be barred by the applicable statute
of limitations.
16.4 No arbitration arising out of or relating to the Contract Documents shall
include by consolidation, joinder or in any other manner any person or entity
GC -51
(including ENGINEER, ENGINEER's agents, employees or consultants) who is not a
party to this contract unless:
16.4.1 the inclusion of such other person or entity is necessary if complete
relief is to be afforded among those who are already parties to the
arbitration,
16.4.2 such other person or entity is substantially involved in a question of law
or fact which is common to those who are already parties to the
arbitration and which will arise in such proceedings, and
16.4.3 the written consent of the other person or entity sought to be included
and of OWNER and CONTRACTOR has been obtained for such inclusion,
which consent shall make specific reference to this paragraph; but no
such consent shall constitute consent to arbitration of any dispute not
specifically described in such consent or to arbitration with any party
not specifically identified in such consent.
16.5 The award rendered by the arbitrators will be final, judgment may be
entered upon it in any court having jurisdiction thereof, and will not be subject to
modification or appeal except to the extent permitted by Sections 10 and 11 of the
Federal Arbitration Act (9 U.S.C. § 5 10, 11)•
Giving Notice:
Computation of Time:
ARTICLE 17-- MISCELLANEOUS
17.1 Whenever any provision of the Contract Documents requires the giving
of written notice, it will be deemed to have been validly given 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 registered or certified mail,
postage prepaid, to the last business address known to the giver of the notice.
17.2.1 When any period of time is referred to in the Contract Documents by
days, it will be computed to exclude the first and include the last day of
such period. If the last day of any such period falls on a Saturday or
Sunday or on a day made a legal holiday by the law of the applicable
jurisdiction, such day will be omitted from the computation.
17.2.2 A calendar day of twenty -four hours measured from midnight to the next
midnight shall constitute a day.
GC -52
General:
GC -53
17.3 Should OWNER or CONTRACTOR suffer injury or damage to person or
property because of any error, omission or act of the other party or of any of the
other party's employees or agents or other for whose acts the other party is legally
liable, claim will be made in writing to the other party within a reasonable time of
the first observance of such injury or damage. The provisions of this paragraph 17.3
shall not be construed as a substitute for or a waiver of the provisions of any
applicable statute of limitations or repose.
17.4 The duties and obligations imposed by these General Conditions and the
rights and remedies available hereunder to the parties hereto, and, in particular but
without limitation, the warranties, guarantees and obligations imposed upon CON-
TRACTOR by paragraphs 6.30, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights
and remedies available to OWNER and ENGINEER thereunder, are in addition to,
and are not to be construed in any way as a limitation of, any rights and remedies
available to any or all of them which are otherwise imposed or available by Laws or
Regulations, by special warranty or guarantee or by other provisions of the Contract
Documents, and the provisions of this paragraph will be effective as if repeated
specifically in the Contract Documents in connection with each particular duty,
obligation, right and remedy to which they apply. All representations, warranties
and guaranteees made inthe Contract Documents will survive final payment and
termination or completion of the Agreement.
SECTION 00800 - SUPPLEMENTARY CONDITIONS
GENERAL:
The provisions of this section of the specifications shall govern in the
event of any conflict between them and the "General Conditions of Agreement."
COPIES OF DOCUMENT:
2.2 Section 2.2, Copies of Documents, of the General Conditions is hereby
modified as follows. Four (4) sets of Contract Documents shall be furnished to the
CONTRACTOR, at no charge, for construction purposes. Additional copies may be
obtained at cost of reproduction upon request. Cut sheets and one copy of field
notes will be furnished to the proper inspection division of the City of Round Rock if
required.
ARTICLE 2 -- PRELIMINARY MATTERS
ARTICLE 4 -- AVAILABILITY OF LANDS: PHYSICAL CONDITIONS:
REFERENCE POINTS
AVAILABILITY OF LANDS:
4.1 Section 4.1, Availability of Lands, of the General Conditions, is hereby
modified to include the following. The OWNER will provide rights -of -way for the
purpose of construction without cost to the CONTRACTOR.
It shall be the responsibility of the CONTRACTOR, prior to the
initiation of construction on easements through private property, to inform the
property owner of his intent to begin construction. Before beginning construction in
areas of public dedication, the CONTRACTOR shall inform the agency having
jurisdiction in the area forty -eight (48) hours prior to initiation of the work.
PHYSICAL CONDITIONS:
4.2.1 Paragraph 4.2.1, Explorations and Reports, of the General Conditions is
hereby modified to include the following: Explorations and Reports utilized by
ENGINEER in preparation of Contract Documents are not to be construed as being a
part of the Contract Documents. Such reports are presented as Information
Available To Bidders and it is the Bidder's responsibility to inquire of ENGINEER if
additional information is available, to make arrangements to review same prior to
bidding and make his own determinations as to all physical conditions.
00800 -1
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EXISTING STRUCTURES:
4.2.2 Paragraph 4.2.2, Existing Structures, of the General Conditions is hereby
modified as follows. The plans show the locations of all known surface and
subsurface structures. However, the OWNER and ENGINEER assume no
responsibility for failure to show any or all of these structures on the plans, or to
show them in their exact location. It is mutually agreed that such failure shall not
be considered sufficient basis for claims for additional compensation for extra work
or for increasing the pay quantities in any manner whatsoever, unless the
obstruction encountered is such as to necessitate changes in the lines or grades, or
requires the building of special work, provisions for which are not made in the
Contract Documents, in which case the provisions in these specifications for extra
work shall apply.
REFERENCE POINTS:
• u ..•,,-.^,, :a- z -1- i+ ppmagrar :: 77e.. : _ ..c� .x . • T__ VI
4.4 The OWNER will establish line and grade one time only. CONTRACTOR
shall report to ENGINEER whenever any reference point established by the
ENGINEER is lost or destroyed or requires relocation for any reason. ENGINEER
shall re- establish such points and the OWNER shall deduct from monies due to the
CONTRACTOR the expense of re- establishing the reference points. ENGINEER
shall have the authority to stop all work and withhold approval of payment to the
CONTRACTOR at any time reference points have been destroyed or adequate
control is not in existence on the site. The decision of the ENGINEER is final.
PERFORMANCE AND OTHER BONDS:
ARTICLE 5 — BONDS AND INSURANCE
5.1 Section 5.1 Performance and Other Bonds of the General Conditions is
hereby amended to include the following: After completion of the work but prior to
final payment and acceptance CONTRACTOR will submit a maintenance bond to
the City of Round Rock for 10% of the final contract amount.
CONTRACTOR'S LIABILITY INSURANCE:
5.3 Section 5.3 Contractor's Liability Insurance of the General Conditions is
hereby amended to include the following:
a) CONTRACTOR shall purchase and maintain Insurance as required by
Missouri Pacific Railroad Company and as set for in Exhibit "B" -
RAILROAD PROTECTIVE LIABILITY FORM, attached to and made a
part of these Supplemental Conditions.
00800 -2
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b) In addition, the limits of liability for the insurance required by
paragraph 5.3 of the General Conditions shall provide coverage for not
less than the following amounts or greater where required by Laws and
Regulations:
5.3.1 and 5.3.2, Workers' Compensation, etc. under paragraphs 5.3.1 and
5.3.2 of the General Conditions:
(1) State: Statutory
(2) Applicable Federal (e.g., Longshoreman's):Statutory
(3) Employer's Liability: $100,000
5.3.3, 5.3.4, 5.3.5 and 5.3.6, Comprehensive General Liability (under
paragrah 5.3.3 through 5.3.6 of the General Conditions):
(1) Bodily Injury (including completed operations and products
liability):
$500,000 Each Occurrence
$500,000 Annual Aggregate
Property Damage:
$250,000 Each Occurence
$250,000 Annual Aggregate
(2) Property Damage liability insurance will provide Explosion,
Collapse and Underground coverages.
(3) Personal Injury, with employment exclusion deleted
$300,000 Annual Aggregate
5.3.7 Comprehensive Automobile Liability:
Bodily Injury:
$250,000 Each Person
$500,000 Each Occurence
Property Damage:
$250,000 Each Occurence
5.3.8 (1) Umbrella liability coverage of at least $2,000,000.
(2) CONTRACTOR's general liability carrier shall issue a separate
Protective Liability Policy covering OWNER and ENGINEER
providing coverage for not less than the amounts stated above.
00800-3
5.4.1 Bodily Injury:
$500,000
MATERIAL STORAGE:
USED MATERIALS:
USE OF PREMISES:
5.4 CONTRACTUAL LIABILITY INSURANCE:
The Contractual Liability required by paragraph 5.4 of the General
Conditions shall provide coverage for not less than the following amounts:
5.4.2 Property Damage:
$250,000 Each Occurence
$500,000 Annual Aggregate
ARTICLE 6 -- CONTRACTOR'S RESPONSIBILITIES
Each Occurence
6.3 Section 6.3, Labor, Materials and Equipment, of the General Conditions
is hereby modified to include the following. Materials and equipment delivered to
the site of the work in advance of their use shall be stored so as to cause the least
inconvenience and in a manner satisfactory to the ENGINEER. Materials and
equipment stored for extended periods shall be protected from weather conditions in
a manner satisfactory to the ENGINEER.
6.5 Section 6.5, Labor Materials and Equipment, of the General Conditions is
hereby modified to include the following. No material which has been used by the
CONTRACTOR for any temporary purpose whatever is to be incorporated in any
permanent structure without written consent of the ENGINEER. The CONTRAC-
TOR shall thoroughly clean all equipment and materials installed by him and shall
deliver over such materials and equipment in a bright, clean, polished, and new -
appearing condition.
6.16 Section 6.16, Use of Premises, of the General Conditions, is hereby
modified to include the following. The CONTRACTOR's attention is directed to the
limits of work space as obtained by the OWNER and as shown on the plans. The
CONTRACTOR shall restrict his operations within the limits of the work space. He
shall be responsible for all damages to trees, crops, grasses, etc. which occur as a
result of his operations outside such limits. Should the CONTRACTOR require
additional work space for access, he shall make arrangements with the owners of
such property for such work space at no cost to the OWNER
00800 -4
DISPOSAL OF WASTE MATERIALS:
6.17 Section 6.17, Use of Premises of the General Conditions is hereby
modified as follows.
During the progress of the Work, CONTRACTOR shall keep the premises
free from accumulations of excavated earth in excess of that required for
backfilling, waste materials, rubbish and other debris resulting from the Work, in
conformance with the Contract Documents.
All such excess or waste materials, rubbish and other debris shall, unless
otherwise specified in the Contract Documents, become the property of CONTRAC-
TOR to be removed from the premises at CONTRACTOR's expense in conformance
with all applicable governmental regulations, Contract Documents and to the
satisfaction of ENGINEER.
CONTRACTOR shall indemnify OWNER and ENGINEER against any and
all claims arising as a result of the CONTRACTOR's disposition of any excess or
waste materials, rubbish or other debris resulting from the Work.
PUBLIC UTILITIES AND OTHER PROPERTY TO BE CHANGED:
6.20 Section 6.20, Safety and Protection, of the General Conditions, is hereby
modified to include the following. In case it is necessary to change or move the
property of any owner or of a public utility, such property shall not be moved or
interfered with until ordered to do so by the ENGINEER. The right is reserved to
the owner of public utilities to enter upon the limits of the project for the purpose
of making such changes or repairs of their property that may be made necessary by
performance of this contract.
The CONTRACTOR shall be responsible for the protection of all existing
utilities or improvements crossed by or adjacent to his construction operations.
Where existing utilities or service lines are cut, broken or damaged, the CONTRAC-
TOR shall replace or repair immediately the utilities, service lines or improvements
with the same type of original material and construction, or better, at his own cost
and expense.
USE OF EXPLOSIVES:
6.20 Section 6.20, Safety and Protection, of the General Conditions is hereby
modified to include the following. Use of explosives shall conform to all regulations
of local government in force at the time of blasting.
00800 -5
Should the contractor elect to use explosives in the prosecution of the
work, the utmost care shall be exercised so as not to endanger life or property. The
OWNER and ENGINEER shall not be held liable for damages done by the CON-
TRACTOR in the use of explosives. In addition, the Contractor will be compelled
under the contract to provide, through a reputable soils engineering firm professing
expertise in this engineering discipline, a monitoring of all blasting as it pertains to
all surrounding existing structures, wells, or utilities; and show evidence of same
prior to the execution of this Contract.
The CONTRACTOR shall notify the proper representatives of any public
service corporation, any company, or any individual not less than eight (8) hours in
advance of the use of explosives which might endanger or damage their or his
property along or adjacent to the work. Whenever explosives are stored or kept,
they shall be stored in a safe and secure manner and all storage places be plainly
marked "DANGEROUS EXPLOSIVES," and shall be under the care of a competent
watchman at all times.
ARTICLE 13 — WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
INSPECTION:
13.4 Section 13.4, Testing and Inspections, of the General Conditions is
hereby modified as follows. The City of Round Rock Inspectors will inspect this
project. The OWNER will pay inspection and testing fees required by the City of
Round Rock. The CONTRACTOR will pay for all retesting.
ARTICLE 14 -- PAYMENTS TO CONTRACTOR AND COMPLETION
SCHEDULE OF VALUES:
14.1 Section 14.1, Schedule of Values, of the General Conditions is hereby
modified as follows. Unit Prices, as defined in the Bid Schedule, will serve as the
basis for progress payments.
APPLICATION FOR PROGRESS PAYMENT:
00800 -6
14.2 Section 14.2, Application for Progress Payment of the General Condi-
tions is hereby modified as follows. CONTRACTOR shall submit for payment to the
ENGINEER on or before the 25th of each month for quantities installed prior to and
including the 25th of each month.
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CONTRACTOR will submit along with his monthly Application for
Payment an affidavit stating that all previous payments to him under the
Contract have been applied by him to discharge in full all of his
obligations with the work covered by all prior applications for payments.
The CONTRACTOR will furnish this affidavit conforming to Exhibit "A"
attached to and made a part of these Supplemental Conditions.
ARTICLE 16 — ARBITRATION
16.1 Paragraph 16.1 of the General Conditions shall be modified to include
the following:
' PROVISIONS OF THIS AGREEMENT ARE SUBJECT TO
ARBITRATION UNDER THE TEXAS GENERAL ARBITRATION ACT,
V.A.C.S., ART. 224 TO 238-6
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DIVISION 1
GENERAL REQUIREMENTS
01000-1
PART1 GENERAL
BID QUANTITIES:
1.1 Bid Quantities are for Bidding Purposes Only: Final payment will be
made only for work performed and accepted. The Contract shall verify quantities
before ordering materials. Unless stated otherwise in the contract documents, it is
understood that all payments made are for finished work and include all labor, tools,
materials, constructing and completing the item on which payment is made.
LETTER OF ACCEPTANCE:
1.2 Letter of Acceptance. The Contractor shall submit a letter of accep-
tance from the City of Round Rock before requesting final payment.
PART 2 SITE PREPARATION
SUBGRADE PREPARATION:
SECTION 01025
MEASUREMENT AND PAYMENT
2.12 Subgrade Preparation will be paid for at the unit contract price per
square yard, for the final grading of the right -of -way to include furnishing all
materials necessary to bring subgrade from one & one half (154) foot behind curb and
gutter on each side of the street to limits indicated on the plans and as staked on
the ground, necessary equipment, labor and superintendence to complete such work.
STREET EXCAVATION:
2.22 Street Excavation will be paid for at the square yard contract price,
which price shall be considered full compensation for clearing and grubbing of the
right -of -way, for rough cutting of streets to subgrade, from one & one half (1i4) foot
behind the curb to one & one half (154) foot behind the opposite curb, the sloping of
the parkway from the railroad track to the curb as shown on typical sections, for
maintaining all temporary erosions /sedimentation devices, placing of all excess
spoils from street and utility excavation as shown on the plans and /or as directed by
the Owner and /or his Engineer, backfilling of curbs, furnish all equipment necessary
to complete item including labor, superintendence, and other incidentals necessary
thereto.
FLEXIBLE BASE:
2.31 Flexible Base will be paid for at the unit contract price per square yard,
at thickness specified, complete and in place as calculated from lip of gutter to lip
01025 -1
PART 5 PAVING AND SURFACING
HOT MIX ASPHALTIC CONCRETE PAVING:
CONCRETE SIDEWALKS:
SIDEWALK RAMPS:
of gutter and by the horizontal length of the street which price shall be full
compensation for furnishing all materials, laying, superintendence, hauling,
installing base and all other items necessary or incidental thereto.
TEMPORARY AND PERMANENT EROSION CONTROLS:
2.71 Temporary and permanent erosion controls will be paid for at the lump
sum contract price which shall be considered full compensation for furnishing and
placing all materials and incidentals necessary to complete the work.
5.11 Hot Mix Asphaltic Concrete Paving will be paid for at the unit contract
price per square yard, complete and in place as calculated from the lip of the gutter
to the lip of the opposite gutter, and by the horizontal length of the street, which
price shall be full compensation for furnishing all materials, laying, superintendence,
hauling and all other items necessary or incidental thereto.
CONCRETE CURB OR CONCRETE CURB AND GUTTER:
5.21 Concrete Curb or Concrete Curb and Gutter will be paid for at the unit
contract price per linear foot, which price shall be considered full compensation for
furnishing and placing all base material from 134 foot back of curb to lip of gutter,
reinforcing steel, dowels, expansion joint material, curing material, backfilling and
for all other materials, manipulations, labor, tools, equipment and incidentals
necessary to complete the work.
5.30 Reinforced concrete sidewalk will be paid for at the unit contract price
per square foot, which price shall be considered full compensation for excavation,
furnishing and placing all materials and incidentals necessary to complete the work.
5.35 Sidewalk ramps will be paid for at the unit contract price per each type
specified which shall be full compensation for excavation, furnishing and placing all
fill material, reinforcing steel, dowels, expansion joint material, curing material,
backfilling and for all other materials, labor and incidentals necessary to complete
the work.
01025 -2
"wP,r - A -
CONCRETE DRIVEWAYS:
REMOVAL OF EXISTING CULVERTS:
PART 6 PIPED UTILITIES
MANHOLES:
RAISING MANHOLE CASTINGS:
EXTRA DEPTH FOR MANHOLES:
5.50 Concrete Driveway will be paid for at the unit contract price per each
type specified per square foot which shall be full compensation for excavation,
removal, spoil disposal offsite, furnish and placing all materials, labor and inci-
dentals necessary to complete the work. The unit contract price shall represent
restoration of driveways to an as good or better state as noted on the plans.
5.60 Removal of culverts will be paid for as one lump sum and shall be full
compensation for removal and disposal offsite of any designated culverts regardless
of type of culvert or depth.
6.01 Standard manholes (0 -8 VF) shall be paid for at the unit price bid per
manhole structure with all appurtenances including precast base or "T" with "Eyes ",
stubs and plugs as specified, as called for on the plans, rings, cones, lids, bolted
covers, bedding and backfilling complete in place. Depth shall be the perpendicular
distance from the top of the ring to the invert of the structure.
6.02 Raising Manhole Castings will be paid for at the unit contract per each
and shall include full compensation for the raising of castings to finish grade
including all materials, fittings and labor required to complete the item in place.
6.03 When called for in the Proposal, manholes with extra depth over eight
feet (8) will be paid for at the unit contract price bid per vertical foot including all
excavation, coatings and backfilling, complete in place.
CARRIER PIPE FOR SIGNALIZATION:
6.05 PVC carrier pipe for future traffic signalization will be paid for at the
unit contract price per linear foot for the size specified at all depths. The price per
linear foot shall also include all excavation, bedding material, fittings, backfilling,
disposal of surplus materials and cleanup.
01025 -3
S.i i °.7
t
PART 7 DRAINAGE
EXTRA DEPTH FOR INLETS:
STORM SEWER PIPE:
BORE FOR STORM SEWER PIPE:
PART 8 SITE IMPROVEMENT
SIGNAGE AND TRAFFIC CONTROL:
MISCELLANEOUS CONCRETE STRUCTURES:
7.21 Miscellaneous concrete structures and appurtenances, such as, standard
inlets, headwalls, drop structures, dissipators, concrete valley gutters, etc., will be
paid for at the unit contract price per each, which shall be considered full
compensation for furnishing and placing all materials and incidentals necessary to
complete the work.
7.22 When called for in the plans, inlets with extra depth over the standard
depth for size of storm sewer lateral specified will be paid for at the unit contract
price bid per vertical foot, which shall be considered full compensation for
furnishing and placing all materials and incidentals necessary to complete the work.
7.24 Storm Sewer Pipe will be paid for at the unit contract price per linear
foot, for the size, type and depths specified. Measurement for storm sewer pipe
shall be horizontal distance along the centerline of the pipe including distance
through manholes. The price per linear foot shall also include all excavation,
bedding material, fittings, concrete collars, pipe coatings, backfilling, disposal of
surplus materials and cleanup.
7.26 Bore and pressure grout will be paid for at the unit contract price for the
size and type of pipe specified. Measurement for bore shall be the horizontal
distance along the centerline of pipe as measured by the Engineer. The unit price
shall be full compensation for excavation pit, pilot hole, casing pipe, carrier pipe,
and pressure grouting and all incidentals necessary to complete the item in place.
8.46 Signage and traffic control for maintaining two open traffic lanes during
construction will be paid at the contract unit price per lump sum which will be
considered full compensation for furnishing and maintaining all barricades, signs,
flagmen, temporary striping and markings, construction of roadway improvements,
applications and reapplications of temporary seal coats and grading and regrading of
driving surface as per the plans and all incidentals necessary to control traffic.
Signage and traffic control shall be sufficient to maintain a safe and unobstructed
flow of traffic through the area and to provide egress and ingress to all adjacent
streets and properties for the duration of construction.
01025 -4
PERMANENT TRAFFIC CONTROL DEVICES:
8.50 Permanent Traffic Control Devices will be paid for at the contract unit
price per lump sum which will be considered full compensation for furnishing all
labor, tools, equipment, striping, signage, paint, buttons and any incidentals
necessary to complete the work as specified.
END SECTION
01025 -5
SECTION 01060 - REGULATORY REQUIREMENTS
PART 1 - GENERAL
1.01 CITY OF ROUND ROCK
It is the intention of these Contract Documents to describe and provide
for work and materials which conform to all applicable parts of The
Code of the City of Round Rock and which shall be acceptable for
connection to and inclusion in the Street and Drainage system of the
City of Round Rock.
A. The CONTRACTOR shall install water and wastewater improve-
ments in accordance with City of Austin Water and Wastewater
Department Standard Construction Specifications as adopted by
the City of Round Rock.
B. The CONTRACTOR shall install street and drainage improvements
in accordance with City of Austin Standard Specifications for
Public Works as adopted by the City of Round Rock.
1.02 OTHER REGULATIONS
The CONTRACTOR shall at all times observe and comply with all
Federal, State and Local Laws, ordinances and regulations, which in any
manner affect the contract or the work, and shall indemnify and save
harmless the OWNER against any claim arising from the violation of any
such laws and ordinances, whether by the CONTRACTOR or his
employees. In case the OWNER is a body politic and corporate, the law
from which it derives its powers, insofar as the same regulates the
objects for which or the manner in which, or the conditions under which,
the OWNER may enter into contract, shall be controlling, and shall be
considered as part of this contract, to the same effect as though
embodied herein.
1.03 CONFLICTING REQUIREMENTS
A. The CONTRACTOR shall be familiar with all regulations applicable to
the work and materials specified in the Contract Documents. The
CONTRACTOR shall at all times be responsible for conducting the work
in conformance with all applicable regulations.
B. In case of conflicting requirements the CONTRACTOR shall immedi-
ately notify the ENGINEER which will take prompt action in conform-
ance with the Contract Documents.
01060 -1
1.04 PERMITS, LICENSES, AND FEES
Except where otherwise noted or specified, the CONTRATOR shall file
all applications or notices, pay all fees, deposits or other charges, and
procure all inspections, meters, permits, licenses, etc., which are
required or customary for normal and lawful prosecution of the work.
END OF SECTION
01060 -2
SECTION 01090 - REFERENCE STANDARDS
PART 1 - GENERAL
1.01 REQUIREMENTS INCLUDED
A. Applicability of Reference Standards.
B. Provision of Reference Standards at site.
C. Acronyms used in Contract Documents for Reference Standards. Source
of Reference Standards.
1.02 RELATED REQUIREMENTS
A. Document 00700 - General Conditions: Reference Standards.
1.03 QUALITY ASSURANCE
A. For products or workmanship specified by association, trade, or Federal
Standards, comply with requirements of the standard, except when more
rigid requirements are specified or are required by applicable codes.
B. The date of the standard is that in effect as of the Bid date, or date of
Owner - Contractor Agreement when there are no bids, except when a
specific date is specified.
C. When required by individual Specifications section, obtain copy of
standard. Maintain copy at jobsite during submittals, planning, and
progress of specific work, until Substantial Completion.
1.04 SCHEDULE OF REFERENCES
AASHTO American Association of State Highway
and Transportation Officials
444 North Capitol Street, N.W.
Washington, DC 20001
ACI American Concrete Institute
Box 19150
Reford Station
Detroit, MI 48219
AGC Associated General Contractors of America
1957 E Street, N.W.
Washington, DC 20006
01090 -1
AI Asphalt Institute
Asphalt Institute Building
College Park, MD 20740
AISC American Institute of Steel Construction
400 North Michigan Avenue
Eighth Floor
Chicago, IL 60611
AISI American Iron and Steel Institute
1000 16th Street, N.W.
Washington, DC 20036
ANSI American National Standards Institute
1430 Broadway
New York, NY 10018
ASTM American Society for Testing and Materials
1916 Race Street
Phildelphia, PA 19103
AWWA American Water Works Association
6666 West Quincy Avenue
Denver, CO 80235
AWS American Welding Society
550 LeJeune Road
Miami, FL 33135
COA City of Austin
Standard Specifications for Public Works
301 West 2nd Street
Austin, Texas 78701
COA City of Austin
Standard Construction Specifications of Water
and Wastewater Department
500 West 1st Street
Austin, Texas 78701
CRSI Concrete Reinforcing Steel Institute
933 Plum Grove Road
Schaumburg, IL 60195
01090 -2
EJCDC Engineers' Joint Contract Documents
Committee
American Consulting Engineers Council
1050 15th Street, N.W.
Washington, DC 20005
FS Federal Specification
General Services Administration
Specifications and Consumer Information
Distribution Section (WFSIS)
Washington Navy Yard, Bldg. 197
Washington, DC 20407
NEMA National Electrical Manufacturers' Association
2101 L Street, N.W.
Washington, DC 20037
NFPA National Fire Protection Association
Battery March Park
Quincy, MA 02269
PCI Prestressed Concrete Institute
201 North Wacker Drive
Chicago, IL 60606
THD Texas State Department of Highways and Public
Transportation
Texas Standard Specifications
Dewitt C. Greer
State Highway Bldg.
llth and Brazos
Austin, TX 78701
TWC /TDH Texas Water Commission
Texas Dept. of Health
P. O. Box 13087, Capitol Station
Austin, Tx. 78711
END OF SECTION
01090-3
SECTION 01510 - TEMPORARY CONSTRUCTION FACILITIES AND UTILITIES
PART 1 - GENERAL
1.01 TEMPORARY UTILITIES
Unless otherwise provided in the Contract Documents the CONTRAC-
TOR shall at his own expense arrange and provide for all utilities
necessary to conduct the work including testing in conformance with the
Contract Documents.
1.02 TEMPORARY SANITATION FACILITIES
The CONTRACTOR shall establish and enforce among his employees
such regulations in regard to cleanliness and disposal of garbage and
waste as will tend to prevent the inception and spread of infectious or
contagious diseases and to effectively prevent the creation of a nuisance
about the work on any property either public or private, and such
regulations as are required by the ENGINEER shall be put into imme-
diate force and effect by the CONTRACTOR. The necessary sanitary
conveniences for use of laborers on the work, properly secluded from
public observation, shall be constructed and maintained by the CON-
TRACTOR in such a manner and at such point as will be acceptable to
the ENGINEER, and their use shall be strictly enforced by the CON-
TRACTOR. All such facilities shall be kept in a clean and sanitary
condition, free from objectionable odors so as not to cause a nuisance.
All sanitary laws and regulations of the State of Texas and the City of
Round Rock shall be strictly complied with.
END OF SECTION
01510 -1
SECTION 01540 - PROTECTION OF WORK, PROPERTY AND PERSONS
PART 1 - GENERAL
1.01 DESCRIPTIONS
A. The CONTRACTOR shall exercise every precaution necessary to protect
the work, and at his own expense shall immediately repair, rebuild, or
otherwise restore any injury or damage to the work, whether arising
from the execution or non - execution of the CONTRACTOR's duties, or
from action by the natural elements, or from any cause whatsoever. The
CONTRCTOR's responsibility for protection and maintenance of the
work shall not cease until the project has been accepted by the City of
Round Rock.
B. Where the work is carried on in or adjacent to any street, alley, or public
place, the CONTRACTOR shall at his own expense furnish, erect, and
maintain such barricades, fences, lights, and danger signals, shall provide
such watchmen, and shall take all such other precautionary measures for
the protection of persons or property and of the work as are necessary to
keep pedestrians away from, and vehicles from being driven on or into,
any work under construction or being maintained. The CONTRACTOR
shall furnish watchmen and keep them at their respective assignments
in sufficient numbers to protect the work and prevent accident or
damage.
C. The CONTRACTOR will be held responsible for all injury or damage to
the work or the public due to failure of barricades, signs, fences, lights,
or watchment to protect them. Whenever evidence is found of such
damage to the work, the ENGINEER may order the damaged portion
immediately removed and replaced by the CONTRACTOR at the
CONTRACTOR's own expense. The CONTRACTOR's responsibility for
the maintenance of barricades, signs, fences, and lights, and for
providing watchmen shall not cease until the project has been completed
and accepted in accord with the Contract Documents.
D. The CONTRACTOR shall be responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the
work.
The CONTRACTOR shall designate a responsible member of his
organization at the site whose duty shall be the prevention of accidents.
This person shall be the CONTRACTOR's superintendent unless
otherwise designated in writing by the CONTRACTOR to the OWNER
and the ENGINEER.
01540 -1
E. The CONTRACTOR shall take all reasonable precautions for the safety
of, and shall provide all reasonable protection to prevent damage, injury,
or loss to:
1. all employees on the work and all other persons who may be
affected thereby;
2. all the work and all materials and equipment to be incorporated
therein, whether in storage or off the site, under the care, custody
or control of the CONTRACTOR or any of his Subcontractors or
Sub - Subcontractors; and
3. other property at the site or adjacent thereto, including trees,
shrubs, lawns, walks, pavements, fences, roadways, structures and
utilities not designated for removal, relocation or replacement in
the course of construction.
F. The CONTRACTOR shall comply with all applicable laws, ordinances,
rules, regulations and lawful orders of any public authority having
jurisdiction for the safety of persons or property or to protect them from
damage.
END OF SECTION
01540 -2
SECTION 01570 - TRAFFIC REGULATION
PART 1- GENERAL
1.01 DESCRIPTION
A. The CONTRACTOR shall make adequate provisions to allow reasonable
vehicular and pedestrian traffic, including the use of driveways, to
proceed safely with minimum inconvenience except during actual
construction operations such as trenching or pipe laying. Such provision
may include temporary fill and /or bridging, temporary surfacing with
gravel, stone or paving, or such other means as the ENGINEER may
approve.
B. Sidewalks must not be obstructed except by special permission of the
ENGINEER. Access to private dwellings and to commercial
establishments must be provided at all times.
C. If diversion of traffic is approved by the ENGINEER at any location, the
CONTRACTOR shall make arrangements satisfactory to the ENGINEER
for the diversion and the schedule of operations, and shall at his own
expense provide and maintain all roadways, bridges or other facilities
necessary for such diversion of traffic. At least three working days prior
to the beginning of such traffic diversion, the CONTRACTOR shall
notify the Police Department, Fire Department, Texas State Department
of Highways and Public Transportation, and the owners or agents of all
property likely to be affected by the diversion. The same parties shall
be notified when normal traffic flow is restored.
D. All traffic regulation shall be conducted in accord with these Contract
Documents and the laws and ordinances of any agency having
jurisdiction.
END OF SECTION
01570 -1
DIVISION 2
SITEWORK
02000 -1
Description
This specification shall govern the installation of reflectorized pavement
marking paint for the McNeil Road Phase 1 street and drainage improvements within
Round Rock, Texas.
Materials
The materials shall consist of paint and glass beads and shall be in
accordance with the following Texas State Department of Highways and Public
Transporation specifications:
White Paint
Specification D -9 -8200
Formulae WPT -8f
Yellow Paint
Specification D-9 -8200
Formulae YPT -8f
Glass Beads
SECTION 02580
REFLECTORIZED PAVEMENT
MARKING PAINT
Specification D- 9-8290
02500 -1
Construction Methods
•
The Contractor shall use a crew experienced in the work of installing
pavement markings and in the necessary traffic control for such operations on the
roadway surface and shall supply all the equipment, personnel, traffic control, and
materials necessary for the placement of the pavement markings as shown in the
plans or as directed by the Engineer. All work shall be in conformance with the
current edition of the Texas MUTCD.
The pavement surface to receive the pavement markings shall be
thoroughly cleaned of all dirt, organic growth, or other material that will prevent
adhesion of the paint to the roadway surface.
The pavement markings shall be placed in accordance with the pavement
marking plans. Deviation from the alignment established shall not exceed two
inches, and, in addition, the deviation in alignment of the marking being placed shall
not exceed one inch per Z00 feet of roadway nor shall any deviation be abrupt.
When deemed necessary by the Engineer, the Contractor, at his expense,
shall place any additional pilot markings required to facilitate the placement of the
permanent markings in the alignment specified. Any and all additional markings
placed on the roadway for alignment purposes shall be temporary in nature and shall
not establish a permanent marking on the roadway.
Materials used for pilot markings and equipment used to place such
markings shall be approved by the Engineer.
Paint markings on the roadway that are not in alignment or sequence, as
shown on the plans or as stated in this specification, shall be totally and completely
removed by any effective method approved by the Engineer, except that grinding
will not be permitted.
02500 -2
.. ? ,:y_s • : 4.11".
Paint shall be applied at a rate of not less than 15 gallons nor more than
20 gallons per mile of solid four -inch stripe. Application rate for solid eight -inch
stripe shall be between 30 and 40 gallons per mile. (These rates yield wet film
thicknesses from 15 to 20 mils.)
Beads shall be applied to the paint marking at a uniform rate sufficient
to achieve the retroreflective characteristics specified when observed in accordance
with Test Method Tex - 828 -B. All markings placed shall have uniform and distinctive
retroreflective characteristics. Under no circumstances shall the bead application
rate be less than six pounds of beads per gallon of paint applied to the road surface.
Applied markings shall be protected from traffic until they have dried
sufficiently so as not to be damaged or tracked by normal traffic movements.
Equipment
Equipment used for placing markings in widths other than four inches
shall have capabilities similar to four - inch marking equipment, and shall be capable
of placing linear markings up to eight inches in one pass.
The equipment shall be equipped with an automatic cut -off device (with
manual operating capabilities) to provide clean, square marking ends and to provide
a method of applying broken line in a stripe - to ratio of 10 to 30. The length of
the stripe shall not be less than 10 feet nor longer than 10.5 feet. The total length
of the stripe -gap cycle shall not be less than 39.5 feet nor longer than 40.5 feet in
variance from one cycle to the next, nor shall the average total length of a cycle for
a road mile of broken line exceed 40.5 feet or be less than 39.5 feet.
The equipment shall be capable of placing lines of all widths with clean
edges and of uniform cross - section. Four -inch lines shall be four inches plus or
02500 -3
minus 1/8 inch. Eight -inch lines shall be eight inches minimum and 8 -1/4 inches
maximum in width.
The equipment shall be equipped with bead dispensers, one for each paint
spray gun, placed on the equipment so that beads are applied to the paint almost
instantly as the marking is being placed on the roadway surface. The bead
dispensers shall be designed and aligned so that beads are applied uniformly to the
entire surface of the marking. The bead dispensers shall be equipped with automatic
cut -off controls, synchronized with the cut -off of the marking equipment.
Paint pots or tanks shall be equipped with an agitator that will keep the
paint thoroughly mixed and may be either a pressurized or non- pressurized type.
END OF SECTION
02500 -4
��T
w - -'
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1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
CONSTRUCTION METHODS
02510 -1
SECTION 02510 - ASPHALTIC CONCRETE PAVING
The CONTRACTOR shall lay the 3 -1/2" Hot Mixed Asphaltic Concrete in two
equal lifts of 1 -3/4" each. Each lift shall be finished and compacted in
accordance with applicable specifications.
END OF SECTION
Description
This specification shall govern the installation of reflectorized pavement
marking paint for the McNeil Road Phase II C.I.P. street and drainage improvements
within Round Rock, Texas.
Materials
SECTION 02580
REFLECTORIZED PAVEMENT
MARKING PAINT
The materials shall consist of paint and glass beads and shall be in
accordance with the following Texas State Department of Highways and Public
Transporation specifications: r
White Paint
Specification D-9 -8200
Formulae WPT -8f
Yellow Paint
Specification D - - 8200
Formulae YPT - 8f
Glass Beads
Specification D -9 -8290
02580 -1
Construction Methods
The Contractor shall use a crew experienced in the work of installing
pavement markings and in the necessary traffic control for such operations on the
roadway surface and shall supply all the equipment, personnel, traffic control, and
materials necessary for the placement of the pavement markings as shown in the
plans or as directed by the Engineer. All work shall be in conformance with the
current edition of the Texas MUTCD.
The pavement surface to receive the pavement markings shall be
thoroughly cleaned of all dirt, organic growth, or other material that will prevent
adhesion of the paint to the roadway surface.
The pavement markings shall be placed in accordance with the pavement
marking plans. Deviation from the alignment established shall not exceed two
inches, and, in addition, the deviation in alignment of the marking being placed shall
not exceed one inch per 200 feet of roadway nor shall any deviation be abrupt.
When deemed necessary by the Engineer, the Contractor, at his expense,
shall place any additional pilot markings required to facilitate the placement of the
permanent markings in the alignment specified. Any and all additional markings
placed on the roadway for alignment purposes shall be temporary in nature and shall
not establish a permanent marking on the roadway.
Materials used for pilot markings and equipment used to place such
markings shall be approved by the Engineer.
Paint markings on the roadway that are not in alignment or sequence, as
shown on the plans or as stated in this specification, shall be totally and completely
removed by any effective method approved by the Engineer, except that grinding
will not be permitted.
02580 -2
Paint shall be applied at a rate of not less than 15 gallons nor more than
20 gallons per mile 'of solid four -inch stripe. Application rate for solid eight -inch
stripe shall be between 30 and 40 gallons per mile. (These rates yield wet film
thicknesses from 15 to 20 mils.)
Beads shall be applied to the paint marking at a uniform rate sufficient
to achieve the retroreflective characteristics specified when observed in accordance
with Test Method Tex- 828 -B. All markings placed shall have uniform and distinctive
retroreflective characteristics. Under no circumstances shall the bead application
rate be less than six pounds of beads per gallon of paint applied to the road surface.
Applied markings shall be protected from traffic until they have dried
sufficiently so as not to be damaged or tracked by normal traffic movements.
Equipment
Equipment used for placing markings in widths other than four inches
shall have capabilities similar to four -inch marking equipment, and shall be capable
of placing linear markings up to eight inches in one pass.
The equipment shall be equipped with an automatic cut -off device (with
manual operating capabilities) to provide clean, square marking ends and to provide
a method of applying broken line in a stripe - to-gap ratio of 10 to 30. The length of
the stripe shall not be less than 10 feet nor longer than 10.5 feet. The total length
of the stripe -gap cycle shall not be less than 39.5 feet nor longer than 40.5 feet in
variance from one cycle to the next, nor shall the average total length of a cycle for
a road mile of broken line exceed 40.5 feet or be less than 39.5 feet.
The equipment shall be capable of placing lines of all widths with clean
edges and of uniform cross - section. Four -inch lines shall be four inches plus or
02580 -3
rs
minus 1/8 inch. Eight -inch lines shall be eight inches minimum and 8-1/4 'inches
maximum in width.
The equipment shall be equipped with bead dispensers, one for each paint
spray gun, placed on the equipment so that beads are applied to the paint almost
instantly as the marking is being placed on the roadway surface. The bead
dispensers shall be designed and aligned so that beads are applied uniformly to the
entire surface of the marking. The bead dispensers shall be equipped with automatic
cut - off controls, synchronized with the cut - off of the marking equipment.
Paint pots or tanks shall be equipped with an agitator that will keep the
paint thoroughly mixed and may be either a pressurized or non - pressurized type.
END OF SECTION
02580 -4
a . - a',` .. �c..i;+rar;'::i,,�'e ,,,,4�uc�.. ::: i.:Y ? - r.
. EXHIBIT 'A'
STATE OF TEXAS
COUNTY OF
AFFIDAVIT OF ACCOUNT
POR MONTILY AND FINAL PAYMENT(S)
i, , being duly sworn, state that I am
the , of
(Company)
hereinafter referred to as "Company," whose business address is
, and that I am familiar with
all matters involved in the work performed by Company on the project
known as: , located in
County, Texas.
Total contract amount, including all changes $
Total amount received by Company to date $
Balance still to be paid (including retainage) $
We owe the following sums to those who have supplied us with
labor and materials. If "None,' so state:
You are authorized to withhold these amounts from monies due
us until we submit proof of payment of these debts.
Other than as above stated, Company has paid in full all those
who have supplied labor or materials for work performed at the above
location. Company will defend and save
and all other parties having any interest in the 'PROJECT" harmless
against any and all claims and liens of any supplier of labor or materials
for our work at the above location.
Other than as agreed above, Company will do no work and make
no claims for any work except on further written order as approved
by the BOARD OF DIRECTORS
NAME AMOUNT
Company
Officer
Title Date , 1987
Subscribed and sworn to before me, a Notary Public of the State
of Texas, County of , this day of , 1987.
June 30, 1967.
EXHIBIT B
For attachment to Lease, Audit No. 1248 -60
STANDARD PROVISIONS FOR GENERAL LIABILITY POLICIES
RAILROAD PROTECTIVE LIABILITY FORM
Including Instructions for
. Preparation of Policies by Companies
.
1
1
1
1
June 30, 1967.
ST MM;RD PROVISIONS FUR GE<TE.4AL LIASILIT: POLICIES
Railroad Protective Liability Form
alD:.gAL IIiSTRUCTION$
Pagel
L. Standard Language
This for is expressed in standard language which may not be amended en
no part of which may be omitted except (a) as indicated by the instructions
or (b) as indicated in reference notes shown beiov referring to specific por-
tions of the form, or (c) by en endorsement which states an amendment or
escfusion of sone provision of the for in accordance with the provisions of
a manual rule, the fora of which endorsement has been approved., if required,
by the s perv.sino authority of the state in which the policy is issued..
2. Optional Sequence and Arrangement
The several pats of the fora, viz. "Insuring Agreements," "Exclusions,"
"Conditions and Declarations" may appear in the policy in such sequence as
the company may elect and the sequence and arrangement of the several sro-
visions of those parts a__ also optional with the company.
3. Descriptive Eeadin s-- Iaentif ing or Indexing Designations
The descriptive headings of the parts of the for (as quoted above) ane
of the mayor insuring greements ( "Homily Injury Liability," "Property Den_
age Liability, etc.) are s +"n "r` expressions which may not be amended or
on tted, but all other identifying or indexing designations (such es
"Coverage A," "Defense, Settlement, Supplementary Payments," "Cancelation,"
etc.), including literal or numerical designa:'ans or para or phrases,
may be amended or omitted at the company's option. When such identifying or
indexing designations, used for the purpose of reference in the text of the
to or any endorsement form applicable thereto, are emended er omitted,
descriptive designations shall be substituted therefor.
h. Additional Coverages or Companies, Explanatory or Connective La=e:a e
When policies are issued to provide insurance in this for to with
insurance covering other risks, the addition of necessary explanatory or
connective ltnpiage which does not amen; the expression of this fors is per-
missible and the introductory language cf the "Insuring Agreements" which
provides for the issuance of a policy by two conies may be used did., if
necessary, paraphrased to permit such policies to be issued by more than two
companies.
5. Declarations - -Including Other Risks .
A common set of declarations maybe used in those cases where policies in
this form are issued vith policies covering other disks.
1
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J;yne 30, 1967.
Page °•
*6. Installment Premium Payment
Policies written to provide for payment of pLemium in installments mar
when due.
provide for lapse or suspension of the policy upon default of payment
not applicable in Texas
7 Addition of Coverage by Endorsement
When insuring agreements and other provisions relating to any particular
class of insurance are added to this policy by endorsement, such additional
roved standard language relating to the
insurance must c a s and expressed is app provisions applicable
particular class and mast be subject to 'all standard
to that class by the expressions of the endorsement or of the policy or
of both taken together.
"
8. Definition of "Standard and "Approved
• "Standard language" or " standard language' when used in these
instructions means the or and endorsements either prescribed or approved
by the insurance supervising authority of the state in which policy forms
e.rd endorsements are approved or prescribed. In those states v'oe super-
vising authorities do not have the authority) to approve or prescribe poli-
cies, -forms an endorsements, the terms mean the forms and endorsements
a s pted by the companies for use in such states.
9. Premium Statement
respect to payment of ;real= may be amended by an.
The statement m a wink - spe provision with respect to payment of premitm,
payment to muse l pr sum t an - et i ESna d.ivilea°.I * under
paw °Et 7f L:aitiOn2� pre•• return � +� pr
the policy. Ling Stock
10. Special Coalitions for Mituals, Reciprocals, and Participating
Companies
When the policy is issued. by a mutual company, a reciprocal associ-
participating stock company having species provisions when ppli '
cab to its pare- policyholders, such provisions, approved
b t to des authority or of the state in which the policy is issue- if
by such approval supervising ao, m a r is the policy.
such a�rova -1 is required, may be inserted
*See General Instruction 10
June 30; 1967.
REF•iCE NOTES
1— tatter in brackets may be included, omitted or amended at the option
of the company.
2 —The effective hour and date of the policy may be typed or printed in
this space.
3 —A statement may be added that a definite notation may be made in the
premium column to show that a particular coverage is not afforded.
4 -1'aa: of company may be shown.
5 — The capacity of the person countermining may be stated.
6— Additional declarations of this type, tali -Lug for general information
or information reca_rding installment payment o: prenin?, may be used
at the option of the company.
7 —The name a i location of the company are to be stated. The type of
the compery and the word used throughout the policy suitably to desig-
nate the co pan, are to be stated.
5 — The language of this . paragraph is optional with the company.
Pane 3.
rims riis - Ess - ow EN N. No NE me mu ow um No ow me
MAIM HMEMN1TY COMPANY
BLANK INSIRIANCE COMPANY
�llroed Protective Liability Policy No. 6 44 4
1 bp
L es s•
DECLARATIONS �
UNION PACtP1C RAILROAD COMPANY N y
Item 1. Named Insured Nebraska 68179 ;
Omaha Douglas
Address 1416 Wile Street County State � °•
No. Street To or City. 1
Item 2. Polley Periods Prom
Bee Reference No. 2) to
12:01 A.M., stsnderd time at tbo designated ,lob site as stated herein.
Item 3. The insurnr afforded is only with respect to such of the follortng•coveragee�i J In ata
( * . in in Item J by specific premium charge or charges. The limit of the company
such coverage or coverages shall be so stated herein, subject to all the terms of this policy havens
reference thereto. (See Reference Note 3.)
,Coverages
A Bodily Injury Liability
D Property Damnge Liability.
r
C and phyilcal Damage to Property
)
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Limits of Liability
$2,000,000.00 per occurrence
combined single limit
$6,000,000.00 aggregate
Item 11. Name and Addrees of Contractor
Item 5. Hama and Addreso of Oovernmentel Authority for whom the work by the contractor Is befog performed_ --
am ow NE me um No um ow Ns NE am INE me um we ma ow ow fo
Premium
Item 6. Denignation of the Job Site and Rases
Description of Work Contract Coot
Rental Coat
I If Policy Period more than one yeeri
Premium le payoblet On effective date of Polley >j
let Aaniversary.$ 2n1 Anniversary $
1
r te and place of Ieoue
Countersigned LI 19 , at
Advance
Rates Proa1uma
Coverage A Coverages B& C Covera A Covern D& C
Per $100 of Cost
Per $100 of Rental Cost
1
by
C. Endorsement serial numbers.
A. Renevnl of Policy number.
B. The named insured is • corporation.
D. Rating plan or premium discount.
(See Reference Rots 5)
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July 13, 1967.
(For policy issued by two companies)
(Each a
(For policy issued by one company)
I BLANK INDEMNITY COMPANY
(A insurance company, herein called the company)
Agrees with the insured, named in the declarations made a part hereof, in
consideration of the payment of the premium and in reliance upon the state-
ments in the declarations made by the name insured and subject to all of
the terms of this policy:
BLANK INDEMNITY COMPANY
and
BLANK INSURANCE COMPANY
insurance company, herein called the company)
Severally agree with the insured, named in the declarations made a part
hereof, in consideration of the payment of the premium and in reliance upon
the statements in the declarations made by the named insured and subject
to all of the terms ox this policy, provided the Blank Indemnity Company
shall be the insurer with respect to coverage
other and the Blank Insurance Company shall be the insurer with respect to
coverage and no other:
INSURING AGREEMENTS
• 1. Coverage A - Bodily Iniur/ Liability
To pay on behalf of the insured all sums which the insured shall be-
come legally obligated to pay as damages because of bodily injury, sickness,
or disease, including death at any time resulting therefrom, hereinafter
called "bodily injury," either (1) sustained by any person arising out of
acts or omissions at the designated job site which are related to or are in
connection with the work described in Item 6 of the Declarations, or (2)
sustained at the designated job site by the contractor or any employee of the
contractor, or by any employee of the governmental authority specified in
Item 5 of the Declarations, or by any designated employee of the insured.
whether or not arising out of such acts or omissions.
Coveraa B - property Damage Liability
To pay on behalf of the insured all sums which the insured shall
become legally obligated to pay as damages because of physical injury to
or destruction of proF'rty, including loss of use of any property due to
such injury or destruction, hereinafter called "property damage" arising
out of acts or omissions at the designated job site which are related to
or are in connection with the work descrihed in Item 6 of the declarations.
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June 30, 1967.
Coverage C - Physical Demme to Property
To pay for direct and accidental loss of or damage to rolling stock
and their contents, mechanical construction equipment, or motive power
equipment, hereinafter called loss, arising out of acts or omissions at
the designated job site which are related to or are in connection with
the work described in Item 6'of the declarations; provided such property
is ovned by the named insured or is leased or entrusted to the named
insured under a lease or trust agreement.
II. Definitions
(a)
(b)
(c)
any supervisory esployee of the insured at the job site,
any employee of the insured while operating, attached to or
engaged on work trains or other railroad equipment at the job
s to which are assigned exclusively to the contractor, or
any employee of the insured not vithin (1) or (2) vho is
specifically loaned or assigned to the vork of the contractor
for prevention of accidents or protection of property, the cost
of whose services is borne specifically by the contractor or
by govern`=ntalautthority.
(d) Contract - The word "contract" Cans any contract or agreeaent to
carry a person or property for a consideration or any lease, test
or interchange contract or agreement respecting motive power, roll-
ing stock or mechanical construction equipment.
III. Defense, Settle=ent. Sirole snte_-y ieymente
With respect to such insurance as is afforded by this policy under
coverages A and H, the company shall:
defend any suit against the insured alleging such bodily injury or
property damage all seeking damages which are payable under the
ter3s of this policy, even if any of the allegations of the suit
are groundless, false or fraudulent, but the company may cite such
iaveatigatioa and settlement of any claim or suit as it deems
expedient; -
(a)
4
Insured - The unqualified word "insured" includes the named insured
and also includes any executive officer, director or stockholder
thereof vhile acting vithin the scope of his duties as such.
Contractor - The word "contractor" neenw the contractor designated
in in I of the declarations ani includes all subcontractors of
said contractor but ebsil not include the named insured.
Desi -rated emolcyee cf the insured - The words "designated employee
of the insured?' mean:
( 2
2)
(3)
(b) pay, in addition to the applicable limits of liability:
(1) all expenses incurre by the co —,pry, all costs taxed a.g'_ most
the insured in any such suit and all interest cn the enter
Page 7.
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June 30, 1967. Page 8.
17. Pol'_c.' Period, Territor.
This policy applies only to occurrences and losses daring the
policy period and within the 'United States of America, its territories
or possessions, or Canada.
EXCLUSIO`2S
This policy does not apply: .
(a) to liability assumed by the insured under any contract or agreement
except a contract as defined herein;
(b) to bodily injury or property damage caused intentionally ty or at
the direction of the insured;
(c) to bodily injury, property damage or loss which occurs after
notification to the named insured of the acceptance of the work
by the governmental authority, other than bodily injury, property
damage or loss resulting from the existence or removal of tools,
un nstalled er,•.iprent and abandoned or umred materials;
(d) under coverages A (1), 3 and C, to bodily injury, property damage
or loss, the sole proximate cause of which is as act or omission
of any insured other than acts or omissions of any designated
employee of any insured;
under Coverage A, to any obligation for which the insured or any
carrier as his insurer.may be held liable under any workmen 's
compensation, unemployment compensation or disability benefits
law, or under pry si ley law; provided ebat the Federal Employers'
Liability act, U. 5. Code (1946) Title 45, Sections 51-60, as amended,
shall for the purposes of this insurance be deemed not to be any
similar law;
(e)
(r)
amount of any judgment therein which accrues after entry of
the judgment and before the company has paid or tendered or
deposited in court that part of the judgment which does not
exceed the limit of the company's liability thereon;
(2) premiums on appeal bonds required in any such suit, premium*
on bonds to release attachments for an amount not in excess
of the applicable Limit of liability of this policy, but
without obligation to apply for or furnish any such bonds;
(3) expenses incurred by the insured for such immediate medical
and surgical relief to others as sham'. be imperative at the
time of the occurrence;
(4) all reasonable expenses, other than loss of earnings, incurred
by the insured at the company's request.
under coverage 3, to in;lu. to or destruction of property (i) owned
by the named insured or (ii) leased or encrusted to t.`.e named insured
under a lease or trust agreement.
rYC.7.•__.^LC..- �... . =- .•bgvy.. -.- - _• 5+*4T + »,. .�..: ..,-.- _:b•+..:1'���
Ell
September 29, 1967.
(g)
' 1. Under any Liability Coverage, to injury, sickness, disease, death
or destruction
I(a) with respect to which an insured under the policy is also
an insured under a nuclear energy liability policy issued
by Nuclear Energy Liability Insurance Association, Mutual
Atomic Energy Liability Underwriters or Nuclear Insurance
Association of Canada, or would be an insured under any such
policy but for its termination upon exhaustion of its limit
of liability: or
' (b) resulting from the hazardous p of nuclear material
and with respect to which (1) any person or organization is
required to maintain financial protection pursuant to the
Atomic Energy Act of 1954, or any law amendatory thereof, or
(2) the insured is, or had this policy not been issued would
be, entitled to indemnity from the United States of America,
or any agency thereof, under any agreement entered into by
the United States of America, or any agency thereof, with
any person or organization.
Page 9.
2 Under any Medical Payments Coverage, or under any Supplementary-
Payments provision relating to immediate medical or surgical relief,
' I to expenses incurred with respect to bodily injury, sickness, disease
or death resulting from the hazardous properties of nuclear material
and arising out of the operation of a nuclear facility by any
' person or organization.
3. Under any Liability Coverage, to injury, sickness, disease, death
or destruction resulting from the hazardous properties of nuclear
' material, if
(a) the nuclear material (1) is at any nuclear facility owned
' by, or operated by or on behalf of, an insured or (2) has
been discharged or dispersed therefrom;
(b) the nuclear material is contained in spent fuel or waste at
any time possessed, handled, used, processed, stored, trans-
ported or disposed of by or on behalf of an insured; cr
(c) the injury, sickness, disease, death or destruction arises
out of the furnishing by an insured of services, materials,
parts or equipment in connection with the planning, construction,
maintenance, operation or use of any nuclear facility, but
if such facility is located within the United States of
America, its territories or possessions or Canada, this
exclusion (c) applies only to injury to or destr uction of
property at such nuclear facility.
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September 29, 1967. Page 10.
4. As used in this exclusion;
"hazardous properties" include radioactive, toxic or explosive
properties;
"nuclear material" means source material, special nuclear material
or byproduct material;
"source material ", "special nuclear material ", and "byproduct
material" have the meanings given the in the Atomic Energy Act
of 1954 or in any law amendatory thereof;
"spent fuel" means any fuel element or fuel component, solid or
liquid, which has been used or exposed to radiation in a nuclear
reactor;
"waste" means any waste material (1) containing byproduct material
and (2) resulting from the operation by any person or organization
of any nuclear facility included within the definition of nuclear
facility under paragraph (a) or (b) thereof;
"nuclear facility" means
(a) any nuclear reactor
(b) any equipment or device designed or used for (1) separating
the isotopes of uranium or plutonium, (2) processing or
utilizing spent fuel, or (3) handling, processing or
packaging waste,
(c) any equipment or device used for the processing, fabricating
or alloying of special nuclear material if at anytime the
total amount of such material in the custody of the insured
at the premises where such equipment or device is located
. consists of or contains more than 25 grams cf plutonium or
uranium 233 or any combination therec". or more than 250
grams of uranium 235,
(d) any structure, basin, excavation, premiaea or place prepared
or used for the storage or disposal of waste,
and includes the site on which any of the foregoing is located,
all operations conducted on such site and all premises used for
such operations;
"nuclear reactor" means any apparatus designed or used to sustain
nuclear fission in a self - supporting chain reaction or to contain
a critical mass of fissionable material;
With respect to injury to or destruction of property, the word
"injury" or "destruction" includes all forms of radioactive
contamination of property.
(h) under coverage C, to less due to nuclear reaction. nuclear radiation
or radioactive contamination, or to any act or condition incident to
any of the foregoing.
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June 30. 1967.
�asIns= dre fi rvs r wsr + •' ' x i 7f473.7
COu'JITICi7S
The conditions, except conditions 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12, apply
to all coverages. Conditions 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 apply only
to the coverage noted thereunder.]j.
1. Premium The premium bases and rates for the hazards described in the
declarations are stated therein. Premium bases and rates for hazards
not so described are those applicable in accordance with the manuals in
use by the company.
The term "contract cost" means the total cost of all work described in
item 6 of the declarations.
Page 11.
The term "rental cost" means the total cost to the contractor for rental
of work .rains or other railroad equipment, including the remuneration of all
employees of the insured chile operating, attached to or engaged thereon.
The advance premium stated in the declarations is an estimated premium
only. Upon termination of tha policy the earned premium shall be computed
in accordance with the company 's rules, rates, rating plans, premiums and
minimum premiums applicable to this i:aur arce. it the earned premium thus
con -_ted exceeds the estimated adrz^ :e -rent m paid, the company shall look
to the contractor specified in the declarations for any such excess; if less,
the corpaay shall return to the said contractor the unearned portion paid.
In no event -shall payment of premium be an obligation of the named insured.
2. Ins- ection The named insured shall rake availat..d to the company records
of information relating to the subject matter of this insurance.
The company shall be permitted to inspect all operations in connection with
the work described in item 6 of the declarations.
3. Limits of Liability The limit of bodily injury liability stated in the
Coverage A declarations as applicable to "each person" is the
limit of the company's liability for all damages, including damages for care
and loss of services, arising out of bodily injury sustained by one person
as the result of any one occurrence; the limit of such liability stated in
the declarations as applicable to "each occurrence" is, subject to the above
provision respecting each person, the total limit of the company's liability
for all such damage arising out of bodily injury sustained by two or more
persons as the result of any one occurrence.
4. Limits of Liability The limit of liability under coverages 3 and C stated
Coverages 3 and C in the declarations as applicable to "each occurrence"
is the total limit of the company's liability for all damages and all loss
under coverages 3 and C combined arising out of physical injury to, destruction
or loss of all property of one or more persons or organizations, including the
loss of use of any property due to such injury or destruction under coverage
9, as the result of any one occurrence.
Sub!ect to the above provision respecting "each occurrence," the am it of
liability under coverages 3 and C stated in the declaration as "aggregate" is
the total limit of the company's liability for all dr ages and all loss under
coverages 3 and C combined arising out of physical injury to,
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June 30, 1967.
destruction of loss of property, including the loss of use of any property
due to u:h injury or destruction under Coverage B.
Under Coverage C. the limit of the company's liability for loss shall
not exceed the actual cash value of the property, or it the loss is of a
part thereof the actual cash value of such part, at time of loss, nor what
it would then cost to repair or replace the property or such part thereof
with other of like kind and quality.
5. Severability of Interests The tern the insured" is used severally and
Coverages A and 8 not collectively, but the inclusion herein
of more than one insured shall not operate to incres-e the limits of the
compenes liability.
6. Vetice In the event of an occurrence or less, written notice contain-
ing particulars sufficient to identify the insured and also reasonably
obtainable information with respect to the ties, pleas and circumstances
thereof, and the names and addresses of the injured and of available wit-
nesses, shall be given by or for the insured to the company or any of its
authorised scents as soon as practicable. If claim is made or suit is
b °_ - at a_ainst the insured, he shall immediately forward to the ecmpany
every de-and, notice, su=ns or other process received by him or his
representative.
7. Assistance and Cooperation of the Insured The insured shall cooperate
Coverages A and B with the company and, upon
the company's request, attend hearings and trials and assist in making
settlements, securing and giving evidence, obtaining the attendance of wit-
nesses and in the conduct of suits. The insured shall not, ex_ept at his
own cost, voluntarily make any payment, assume any obligation or incur any
expense ether than for such immediate medical and surgical relief to others
as shall be imperative at the tine of accident.
8. .ogee Against Cemmsny No action shall lie against the ce eany unless,
Coverages A and 9 as a condition precedent thereto, the insured
shall have fully complied with all the teals of this policy, nor until the
amount of the insured's obligation to pay shall have been fin++»y dotsrmined
either by judGmant against the inured after ectual •rial or by written
agreement of the insured, the elair; arm •'e e:eiany.
Any person or organization or the legal representative thereof who has
secured such judgment or written agreement shall thereafter be entitled to
recover under this policy to the extent of the insurance afforded by this
policy. No person or organization shall have any right under this policy
to join the company as a party to any action against the insured to determine
the insured's liability. Bankruptcy or insolvency of the insured or of the
insured's estate shall not relieve the company of any of its obligations
hereunder. _
Coverage C No action shall lie against the company unless, as a con-
dition precedent thereto, there shell have bean full compliance with all
the terms on this policy nor until thirty days after proof of loss is filed
and the e_.unt of loss is determined as providsd in this policy.
9. insured +s Duties in !vent of Lees n th event of lass the ineu -
Coverage C
Page 1:
June 30, 1967.
protect the pro orty, ■.'.tether or no the loss is covered by this
policy, and any further loss due to the insured's failure to pro-
tect shall not be recoverable under this policy; reasonable
expenses incurred in affording such protection shall be deemed
incurred at the company's request;
(b) file with the company, as soon as practitable after loss, his
sworn proof of loss in such form and including such information
as the company may reasonably require and shall, upon the com-
pany's request, exhibit the damned property.
10. Aonraisal If the insured and the company fail to agree as to the
Covarabe C amount of loss, either may, within 60 days attar the proof
of loss is filed, demand an appraisal of the loss. In such event the
insured and the cempan7 shall etch select a ccpstent appraiser, and the
appraisers shall select a'ecmpotent and disinterested umpire. The apprais-
ers shah state separately the actual cash value and the amount of loss and
failing to agree shall submit their ditferances to the umpire. An award in
writing of any two shall determine the amount of loss. The insured and the
cc_pz.n :hall az.ch pay his :hocon appraiser and shall boar equally the other
expenses of the appraisal and umpire.
The company shall not be held to have waived any of its rights by any
act relating to appraisal.
11. Pe .ant of Loss The company may pay for the loss in money but there
Covorags C shall be no abandonment of the damaged property to
the company.
12. "o E to Bailee The in :ura_ce afforded by this rolicy shall net
Coverage C enure directly or indirectly to the benefit of
any carrier or bailee, other than the named insured, liable for loss to
the property.
13. Subroaatton In the event of any payment under this policy, the com-
pany shall be subrogated to all the insured's rights of recovery therefor
against any person or organization and the insured shall execute and
deliver instruments and papers and do whatever else is necessary to secure
such rights. The insured shall do nothing after loss to prejudice such
rights.
11.. lrlicatien of Insurance The insurance afforded by this policy is
prin& y insurance.
15. Three Tear Pol'c A policy period of three year is ecmprised of
three consecutive annual periods. Computation and ad4usr. ent of earned
premium shall be made at the end of each annual period. Aggregate limits
of liability as stated in this policy snail apply separately to each
annual period. -
16. Chenz&s Notice to any agent or knowledge possessed by any agent or
by any other person shall not effect a waiver or a changu in any part
of this policy or estop the company from asserting ary richt under the tern
of this policy; nor shall the tern of this policy be waived or changed,
except by endorsement issued to form a part of this policy[ signed by
(here insert titles of authorised company officials
or representatives); provided, however changes may be made in the written
portion of the declaration by (here insert t. lee
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