R-88-1090 - 2/25/1988WHEREAS, the City of Round Rock has duly advertised for bids for
the construction of street and drainage improvements for Sam Bass
Road, and
WHEREAS, Capital Excavation Company submitted the lowest and best
bid, and
WHEREAS, the Council wishes to accept the bid of Capital
Excavation Company, and to authorize the execution of a contract for
said improvements, NOW THEREFORE
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
THAT
The bid of Capital Excavation Company is hereby accepted as the
lowest and best bid, and the Mayor is authorized and directed to
execute on behalf of the City a contract with Capital Excavation
Company for the construction of street and drainage improvements on
Sam Bass Road.
RESOLVED this r day of February, 1988.
ATTEST:
JO
NE
GRES19CEC
LAND, City Secretary
L� 1
RESOLUTION NO. /090
MIKE ROBINSON, Mayor
City of Round Rock, Texas
DATE: February 22, 1988
SUBJECT: Council Agenda, February 25, 1988
ITEM: 13D. Consider bids and a resolution authorizing the Mayor to
enter into a contract for improvements to Sam Bass Road.
STAFF RESOURCE PERSON: Jim Nuse
STAFF RECOMMENDATION:
ECONOMIC IMPACT:
Sam Bass Road will be improved from approximately
Meadows Drive to Creekbend Blvd. Please refer
to the enclosed bidding materials.
Staff recommends award of the contract to
Austin Excavating Company.
This project came in $13,000 under estimate.
Mr. Al Wille, P.E.
City of Round Rock
214 East Main
Round Rock, Texas 78664
Dear Mr. Wille:
Sincerely,
BS /cv
Attachment
DIPPEL, ULMANN
& ASSOCIATES, INC.
February 10, 1988
RE: RECOMMENDATION OF AWARD
Sam Bass Road (County Road 175)
Street and Drainage Improvements
DUA Project No. 1528
Sealed bids for the referenced project were received and
publicly opened on February 9, 1988 at 2:00 p.m. at the City of
Round Rock, Texas.
The six (6) bids received have been tabulated and checked and a
copy of the engineer certified bid tabulation is attached.
Capital Excavation Company was the low bidder with a total
contract price of $586,694.95.
Based on our past experience with this company, we recommend
that the contract for the referenced project be awarded to
Capital Excavation Company.
DIPPEL, ULMANN &i INC.
Bobby Schroeder
Construction Manager
ENGINEERS • PLANNERS • SURVEYORS
2499 CAPITAL OF TEXAS HWY. SO. • AUSTIN. TEXAS 78748 • (512) 327 -7730 • (512) 327 -8381
��
,. * O SITEWORK • PAVING CONTRACTORS
C * AUSTIN * P.O. BOX 1301 AUSTIN, TEXAS 78767 • (514) 440.1717
*
February 17, 1988
Mr. Bobby Schroeder
Dipple, Ulmann & Associates, Inc.
2499 Capital of TX Hwy.
Suite 204
Austin, TX 78746
RE: Sam Bass Road Improvements
Dear Mr. Schroeder:
Capital Excavation Company, hereby, submits the following per
paragraph K, Statement of Bidders Qualifications:
1. Capital Excavation Company
2. P.O. Box 1301
Austin, TX 78767
440 -1717
3. August, 1984
4. Texas
5. 3 -1/2 years
6. Vista Oaks 1 -A and 1 -B
Lake Creek Center
McNeil Drive
Milwood 30 -B
FM 1325
Austin Center /3M
(Kraus Anderson)
7. See Resume
8. No
9. No
$ 525,000 Comp. May '88
50,000 Comp. Apr.'88
135,406 Comp. May '88
196,000 Comp. Apr.'88
160,000 Comp. Mar.'88
1,800,000 85% Comp.
100% Comp. Apr.'88
Sitework • Excavation • Streets • Parking Areas
Mr. Bobby Schroeder
February 17, 1988
Page Two
10. See Resume
11. See Resume
12. CDD 43
East Main
Anderson Ave.
Armadillo Rd.
13. See Resume
14. See Resume
15. See Resume
Also, you are authorized to contact any references listed in the
enclosed resume or verify any statements herein.
Should you have any questions, please do not hesitate to contact
me.
Sincerely,
CAPITAL EXCAVA ION
times E. Bradley
President
JEB /st
Enclosure
cc: File
City of Austin
City of Round Rock
City of Round Rock
City of Austin
DUA- 1523 -S &0
G. Award of the Contract
The Owner reserves the right to postpone final action on Proposals for up to thirty
(30) calendar days after opening, and to investigate the competence and responsibility
of Bidders. Award of the contract, if made, will be to the bidder who is judged by the
Owner to be sufficiently responsible and competent to perform the contract to his
satisfaction. An award does not become effective until the Owner issues the successful
Bidder a written Notice of Award.
H. Execution of Contract
Within ten (10) working days after the Notice of Award of the Contract has been issued,
the successful bidder shall execute the Contract and furnish the Owner the following
bonds and insurance:
A 100% Performance Bond
A 100% Labor & Materials Bond
Workmen's Compensation Insurance
Comprehensive General Liability Insurance
Property Damage Insurance
Automobile Liability Insurance
I. Sureties
No sureties will be accepted by the Owner which are in default or delinquent on any
bonds, or which are interested in any litigation against the Owner. Should any surety
on the be determined unsatisfactory at the time by the Owner, notice will be
given the Contractor to that effect and the Contractor shall immediately provide a new
surety satisfactory to the Owner. No payment will be made under the contract until the
new surety or sureties, as required, have qualified and have been accepted by the
Owner. The contract shall not be operative nor will any payments be due• or paid until
approual_of the bonds by the Owner.
•
J. Commencement and Prosecution of Work
The successful bidder will be required to commence work within ten (10) calendar days
after the date the Notice to Proceed, and will be required to complete the work within
the number of days stated in the contract beginning on the date of the Notice to
Proceed.
K. Statement of Bidder's Qualifications
At the Owner's request the Bidder is to submit information regarding his qualifications
in accordance with the following instructions. Minimum wage scales shall be as
specified and regulated by the State of Texas and the Federal Government. All
questions must be answered and the data given must be clear and comprehensive. If
necessary, questions may be answered on separate attached sheets. The Bidder may
submit any additional information he desires.
1. Name of Bidder.
2. Permanent main office address and telephone number.
3. When organized.
Instructions to Bidders -3-
- DUA- 1528 -S &D
4. If a corporation, where incorporated.
5. How may years have you been engaged in the contracting business under your present
firm or trade name?
6. Contracts on hand: (Schedule these, showing amount of each contract and the
approximate anticipated dates of completion).
7. General character of work performed by your company.
8. Have you ever failed to complete work awarded to you? If so, where and why?
9. Have you ever defaulted an a contract? If so, where and why?
10. List the more important project recently completed by your company (six most
recent), stating the approximate costs for each, and the month and year completed.
11. List your major equipment available for this contract.
12. Experience in construction work similar in importance to this project.
13. Background and experience of the principal members of your organization,
including the officers.
14. Credit available: 4
15. Give Bank reference:
16. Will you, upon request, fill out a detailed financial statement, and furnish any
other pertinent information that may be required by the Owner?
17. The undersigned hereby authorizes and requests any person, firms, or corporation
to furnish any information requested by the Owner in verification of the recitals
compi Vfiing" this Statement of Bidder's Qualifications.
Dated at
of , 19 _
Instructions to Bidders -4-
this day
(Contractor)
By
Title
BIDDER:
CAPITAL EXCAVATION
HAYDEN CONCRETE
AECO
J. C. EVANS EXC.
GAREY CONSTRUCTION
ELLA CONTRACTING
ITEM
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
(MIT PRICE
TOTAL
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
1. Preparing Right-of-way
40.5 STA
520.00
21,060.00
905.99
36,692.60
1 ,000.00
40,500.00
835.00
33,817.50
2,235.00
90,517.50
1,456.00
58,968.00
2. Street Excavation
36,023 SY
0.93
33,501.39
2.77
99,783.71
4.25
153,097.75
1.45
52,233.35
4.60
165,705.80
2.24
80,691.52
3. Subgrade Preparation
18,820 SY
0.67
12,609.40
0.55
10,351.00
0.75
14,115.00
1.20
22,584.00
0.90
16,938.00
0.75
14,115.00
4. Flexible Base
5,805 CY
12.25
71,111.25
12.66
73,491.30
14.75
85,623.75
13.50
78,367.50
12.00
69,660.00
12.97
75,290.85
5. 2 Not Mix Asphaltic Concrete
14,383 SY
3.45
49,621.35
3.52
50,628.16
3.70
53,217.10
4.20
60,408.60
3.35
48,183.05
3.68
52,929.44
6. 6° Concrete Curb & Gutter
7,560 LF
4.00
30,240.00
3.85
29.106.00
4.25
32,130.00
5.50
41,580.00
4.15
31,374.00
4.00
30,240.00
7. Concrete Valley Cutters
1,848 SF
2.48
4,583.04
3.90
7,207.20
4.30
7,946.40
4.00
7,392.00
3.00
5,544.00
3.25
6,006.00
8. Concrete Driveway Approaches
5,631 SF
2.41
13,570.71
2.20
12,388.20
2.45
13,795.95
3.50
19,708.50
2.30
12,951.30
2.25
12,669.75
9. Replacerent of Private Driveway
No. 3
490 SF
2.42
1,185.80
7.00
3,430.00
4.50
2,205.00
3.25
1,592.50
4.00
1,960.00
6.00
2,940.00
10. Concrete Sidewalk
40,536 SF
L
1.60
64,857.60
1.65
66,884.40
1.85
74,991.60
2.00
81,072.00
1.80
72,964.80
1.50
60,804.00
PRO4ECT: cjM BASS Ppnn (corm/ Peon 17)
0"T; R: rrry nv RfI mm Rrric True
DATE: Fehr-vary CI, WAR
OIPPEL, UI_MANN
& ASSOCIATES. INC.
ENORLEERS • PLANNERS • SURVEYORS
2499 CAPITAI. OF TEXAS N 1550. • AUSTIN TEXAS 78748
15121327.7730 151213274391
TABUATION OF BID5
PAGE 1 OF 6
EUA JOB N0. 1528
BIDDER:
CAPITAL EXCAVATION
HAYDEN CONCRETE
AECO
J. C. EVANS EXC.
GPM CONSTRUCTION
ELIA CONTRACTING
ITEM
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
11. Sidewalk Ranps (Condition 3)
15 EA
128.50
1,927.50
150.00
2,250.00
• 165.00
2,475.00
225.00
3,375.00
150.00
2,250.00
100.00
1,500.00
12. Sidewalk Ranps (Condition 2)
1 EA
105.00
105.00
200.00
200.00
220.00
220.00
250.00
250.00
200.00
200.00
150.00
150.00
13. 6" Concrete Riprap Slope
Protection
470 SY
24.57
11,547.90
21.00
9,870.00
23.10
10,857.00
24.50
11,515.00
23.00
10,810.00
31.00
14,570.00
14. Metal Beam Guardrail
150 LF
30.00
4,500.00
13.50
2,025.00
13.50
2,025.00
36.25
5,437.50
29.00
4,350.00
31.85
4,777.50
15. Relocation of Existing Mailboxes
9 EA
103.00
927.00
150.00
1,350.00
150.00
1,350.00
200.00
1,800.00
150.00
1,350.00
110.00
990.00
16. Construction Detcur
1 LS
12,950.00
12,950.00
11,123.60
11,123.6C
20,000.00
20,000.00
35,000.00
35,000.00
22,800.00
22,800.00
24,890.00
24,890.00
17. 4" Ye11ai Reflectorized
Paysrent Marking Line
14,136 LF
0.21
2,968.56
0.19
2,685.84
0.35
4,947.60
0.25
3,534.00
0.18
2,544.48
0.16
2,261.76
18. Non- reflectorized Traffic
Buttons
362 EA
5.00
1,810.00
4.20
1,520.40
5.00
1,810.00
5.00
1,810.00
4.00
1,448.00
3.60
1,303.20
TOTAL AMOUNT BID FOR STREET
IhPROVEfENTS
339,076.50
420,987.41
521,307.15
461,477.45
561,550.93
445,097.02
PROTECT: Snm B4sS wan (crucify Roan 179
DAs: cm nE rxawn emrc mac
DATE: Fchntary G 1GPR
DIPPEL, ULNIANN
�
& ASSOCIATES. INC
ENGINEERS • PLANNERS • SURVEYORS
2499 CAPITAL OF TEXAS KWKSO. • Aus05 TEXAS 78748
15121327 7730 (5121 ]27.8381
TABULATION OF BIDS
PAGE [ OF 6
DUA JOB N0. 1528
81COER:
CAPITAL EXCAVATION
HAYDEN CONCRETE
AECO
J. C. EVANS EXC.
GAREY CONSTRUCTION
ELLA CONTRACTING
ITEM
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
WIT PRICE
TOTAL
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
19. 42" RCP, Class III
526 LF
60.00
31,560.00
45.15
23,748.90
58.00
30,508.00
72.00
37,872.00
43.00
22,618.00
87.05
45,788.30
20. 36" RCP, Class III
678 LF
47.00
31,866.00
37.80
25,628.40
39.00
26,442.00
60.00
40,680.00
36.00
24,408.00
74.85
50.748.30
21. 30" RCP, Class III
859 LF
40.00
34,360.00
31.50
27,058.50
31.00
26,629.00
52.75
45,312.25
30.00
25,770.00
56.18
48,258.62
22. 24" RCP, Class III
1,158 LF
28.75
33,292.50
25.20
29,181.60
25.00
28,950.00
37.75
43,714.50
24.00
27,792.00
48.52
56,186.16
23. 18" RCP, Class III
::7 LF
24.10
21,376.70
18.90
16,764.30
20.00
17,740.00
29.00
25,723.00
18.00
15,966.00
44.57
39,533.59
24. Headwall for 1-42" RCP
1 EA
1,750.00
1,750.00
1,850.00
1,850.00
2,035.00
2,035.00
2,200.00
2,200.00
1,900.00
1,900.00
2,900.00
2,900.00
25. Headwall for 2 -36" RCP
1 EA
2,570.00
2,570.00
1,400.00
1,400.0C
1,600.00
1,600,00
2,500.00
2,500.00
1,450.00
1,450.00
2,380.00
2,380.00
26. Headwall for 1 -18" RCP
2 EA
540.00
1,083.00
1,500.00
3,000.00
1,650.00
3,300.00
1,650.00
3,300.00
1,550.00
3,100.00
900.00
1,800.00
27. Junction Box
1 EA
4,200.00
4,200.00
4,500.00
4,500.0C
5,000.00
5,000.00
5,000.00
5,000.00
4,700.00
4,700.00
5,700.00
5,700.00
28. ' Storm Sewer Manhole
1,030.00
2,060.00
1,365.00
2,730.0C
1,100.00
2,200.00
1,925.00
3,850.00
1,500.00
3,000.00
950.00
1,900.00
PROJECT: um BAcc annn (noun( anon 17F)
CWNIR: fTTV nF PR Nn R(Y'K TFYK
' DATE: Fohnlary Q TQRR
DIPPEI., ULMANN
S ASSOCIATES. I N C .
ENGINNENS • MANNIKIN • SUMMONS
2.99 CAPITAL OF TEXAS"WKSO. • AUSTIN TEXAS 78168
15121327.730 15121 327 8381
TABL ATION OF BIOS
PAGE 3 OF 6
OUA JOB N0. 1528
BIDDER:
CAPITAL EXCAVATION
HAYDEN CONCRETE
AECO
J. C. EVANS EXC.
G 8EY CONSTRUCTION
ELLA CONTRACTING
ITEM
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
29. 20' Inlet, Type 1, Including
Transition
1 EA
2,875.00
2,875.00
2,200.00
2,200.00
2,420.00
2,420.00
2,900.00
2,900.00
2,200.00
2,200.00
2,890.00
2,890.00
30. 15' Inlet, Type 1, Including
Transition
5 EA
2,515.00
12,575.00
1,980.00
9,900.00
2,200.00
11,000.00
2,350.00
11,750.00
2,000.00
10,000.00
2,320.00
11,600.00
31. 10' Inlet, Type 1, Including
Transition
14 EA
2,160.00
30,240.00
1,700.00
23,800.00
1,870.00
26,180.00
1,785.00
24,990.00
1,800.00
25,200.00
1,920.00
26,880.00
32. Double Sided 10' Inlet, Type 1
Including Transition
1 EA
2,565.00
2,565.00
2,700.00
2,700.00
3,000.00
3,000.00
2,500.00
2,500.00
2,800.00
2,800.00
2,800.00
2,800.00
33. Curb Cut #15
1 EA
925.00
925.00
2,000.00
2,000.00
2,200.00
2,200.00
1,650.00
1,650.00
2,100.00
2,100.00
2,100.00
2,100.00
34. Curb Cut #27
1 EA
870.00
870.00
1,700.00
1,700.00
2,000.00
2,000.00
2,200.00
2,200.00
1,650.00
1,650.00
2,100.00
2,100.00
35. 5' x 5' Area Inlet #16 -A
1 EA
1,460.00
1,460.00
1,450.00
1,450.00
1,600.00
1,600.00
1,900.00
1,900.00
1,500.00
1,500.00
1,700.00
1,700.00
36. 4' x 4' Area Inlet #16
1 EA
1,720.00
1,720.00
1,300.00
1,300.00
1,600.00
1,600.00
1,800.00
1,800.00
1,700.00
1,700.00
3,400.00
3,400.00
37. 4' x 4' Area Inlet #30
1 EA
1,445.00
1,445.00
1,550.00
1,550.00
1,800.00
1,800.00
1,700.00
1,700.00
1,550.00
1,550.00
2,000.00
2,000.00
38. 4' x 4' Area Inlet #20
1 EA
1,265.00
1,265.00
1,100.00
1,100.0(
2,000.00
2,000.00
1,700.00
1,700.00
1,100.00
1,100.00
2,000.00
2,000.00
PROJECT: SAM BASS ROAD (COUNTY ROAD 175)
QNNER: rav OF VA) ROC% TrUc
DATE: F�hruar��8, lA
DIPPEL, ULMANN
wo ommS ASSOCIATES. INC.
ENOU4IUf • PLANNERS • S MVEYONS
N99 CAPITAL OF TEXAS NWT SO. • AUSTIN TEXAS Mad
15121327 -7730 15121327 8381
TABU ATICN OF BIDS
PAGE 4 OF 6
DUA JOB N0. 1528
BIDDER:
CAPITAL EXCAVATION
HAYDEN CONCRETE
AECO
J. C. EVANS EXC.
GAREY CONS1RUCTION
ELLA CONTRACTING
ITEM
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
UUT PRICE
TOTAL
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
39. 8' Flat Bottan Channel
120 LF
26.10
3,132.00
10.00
1,200.00
10.00
1,200.00
45.00
5,400.00
35.00
4,200.00
106.00
12,720.00
40. 8' Flat Bottom to 20' Flat
Bottan Transition Channel
15 LF
23.00
345.00
20.00
300.00
25.00
375.00
150.00
2,250.00
100.00
1,500.00
240.00
3,600.00
41. 3.5' Flat Bottan to "V" Bottom
Transition Channel
30 LF
11.50
345.00
10.00
300.00
15.00
450.00
15.00
450.00
50.00
1,500.00
23.00
690.00
42. Grade to Drain Channel
50 LF
6.50
325.00
4.00
200.00
5.00
250.00
8.00
400.00
25.00
1,250.00
20.00
1,000.00
43. Trench Shoring
1,375 LF
1.55
2,131.25
0.50
687.50
1.00
1,375.00
3.50
4,812.50
1.00
1,375.00
2.00
2,750.00
44. Adjust Existing Storm Sewer
Manhole
2 EA
310.00
620.00
262.50
525.00
400.00
800.00
250.00
500.00
250.00
500.00
250.00
500.00
45. Adjust Existing Water Valve Box
7 EA
155.00
1,085.00
157.50
1,102.50
250.00
1,750.00
175.00
1,225.00
150.00
1,050.00
150.00
1,050.00
TOTAL PRICE BID FOR DRAINAGE
IMPROVEMNTS
226,038.45
187,876.70
204,404.00
277,679.25
192,029.00
334,474.97
46. Rock Berm
100 LF
6.70
670.00
8.0C
800.00
7.5C
750.0C
5.50
550.00
8.50
£50.00
7.30
730.00
PROJECT: 711 BASS ROAD (COUNTY ROAD 176)
�' CITY OF ROUND ROCK, TE.KI'S
DATE: February 9, 19
DIPPEL, ill -MANN
ASSOCIATES. INC.
ENGINEERS • PLANNERS • SURVEYORS
2.99 CAPITAL OF TEXAS 1.030 SO. • AUSTIN TEXAS 76748
15121027.7700 151210275081
TABL ATICN OF BIDS
PAGE 5 OF 6
DUA JOB N0. 1528
BIDDER:
CAPITAL EXCAVATION
HAYDEN CONCRETE
AECO
J. C. EVANS EXC.
GPREY CONSTRUCTION
ELLA CONTRACTING
ITEM
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
UvIT PRICE
TOTAL
WIT PRICE
TOTAL
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
47. Seeding for Erosion Control
11,000 SY
1.36
14,960.00
0.17
1,870.00
1.00
11,000.00
0.30
3,300.00
0.20
2,200.00
0.63
6,930.00
48. Sodding for Erosion Control
1,000 SY
3.95
3;950.00
1.45
1,450.00
3.00
3,000.00
5.50
5,500.00
3.00
3,000.00
1.91
1,910.00
TOTAL PRICE BID FOR EROSION CONTROL
19,580.00
4,120.00
14,750.00
9,350.00
6,050.00
9,570.00
TOTAL PRICE BID FCR ALL IMPROVEMENTS
586,694.95
612,984.11
740,461.15
748,506.70
759,629.93
789,141.99
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PROJECT: SAM BASS ROM (COUNTY ROAD 175)
ar: CTTT OF PnMD pace, M4S
• ° DATE: Febrary 9, 1°18
OIPPei.,, ULMAFJN
mo ms ASSOCIATES. INC.
ENGINU 11 • PLANNIRS • SURVIVORS
2485 CAPITAL OF TEXAS HWY SO. • AUSTIN TEXAS 78748
151213274730 1512132743391
TABUATICN OF BIDS
PAGE 6 OF 6
DUA JOB NO. 1528
CAPITAL EXCAVATION COMPANY
AUSTIN,TEXAS
CAPITAL EXCAVATION COMPANY
History and Development
Capital Excavation is a sister company to Faulkner Construction
Company, Capital Equipment and Capital Rentals. Each of the
companies are owned by Mr. Royce Faulkner.
Mr. Faulkner started Faulkner Construction, a commercial building
construction company, 25 years ago. Five years later, in 1967,
he established Capital Equipment which rents concrete pumps,
cranes and heavy equipment. This company served as Faulkner
Construction's sitework division as well as an hourly rental
company. By 1983, Faulkner Construction was performing several
million dollars of sitework each year with increasing request
from it's clients to perform site and subdevelopment construction
even when commercial buildings were not included.
Therefore, in order to meet this growing demand for sitework and
subdivision development, Jim Bradley, formerly with Austin Road
Company, was hired to organize Capital Excavation Company. Due
to several factors - (experienced management personnel extracted
from both Faulkner Construction and Capital Equipment Companies;
`financial stability including extensive bonding capacity; new
equipment with experienced operators; and most importantly the
impeccable reputation of Mr. Royce Faulkner as an individual and
Faulkner Construction Company and Capital Equipment in the
construction industry) - Capital Excavation Company immediately
became successful in both the negotiated and competitive bid
markets.
Capital Excavation Company can provide the management, equipment,
bonding and experienced personnel to perform all types of site,
street, highways, and underground utility development.
ROYCE FAULKNER
CHAIRMAN OF THE BOARD
EDUCATION Schreiner Institute 1947 - 1949
University of Texas 1949 - 1952
Bachelor of Science - Civil Engineering
EXPERIENCE
Present CHAIRMAN OF THE BOARD, OWNER AND CHIEF
EXECUTIVE OFFICER, CAPITAL EXCAVATION
COMPANY, AND CAPITAL EQUIPMENT COMPANY,
AUSTIN, TEXAS.
Past
Professional
Activities
CHIEF ESTIMATOR, YARBROUGH CONSTRUCTION
COMPANY, AUSTIN, TEXAS. Responsible as
Chief Estimator for Owner /Architect
relations, sub - contract administration,
costing and quantity survey.
FIELD ENGINEER, J.M. ODOM_CON.STRUSCTION
COMPANY, AUSTIN, TEXAS. Responsible as
Field Engineer for field layout and
supervision, scheduling, cost control
and to coordinate sub - contractors and
materials.
FIELD ENGINEER, BROWN & ROOT, INC.,
HOUSTON, TEXAS. Responsible as Field
Engineer for field layout & Supervision,
cost control, process of shop drawings
and to coordinate sub - contractors and
materials.
National Director - Associated General
Contractors of America
Chairman - Board of Trustees - Austin
Community College
EDUCATION St. Edward's University 1981
Master of Business Administration -
Management
EXPERIENCE
Present
Prior
JIM BRADLEY
PRESIDENT
The University of Texas 1977
Bachelor of Business Administration -
Management
Austin Industries Management School
Certificate in Construction Management
Alexander Proudfoot Consulting Group
Construction scheduling, coordinating,
motivating, recognizing lost time.
PRESIDENT, CAPITAL EXCAVATIC.'I Sfl"".hW pa. - -y=
AUSTIN, TEXAS. Responsible for overall
company operations, including estimating,
construction management, client relations,
etc.
PRESIDENT, TAMT, INC., JASPER, TEXAS.
Responsible as President for overall company
operations.
ADMINISTRATOR OF CONSTRUCTION OPERATIONS AND
SERVICES, AUSTIN ROAD COMPANY, AUSTIN, TEXAS.
Estimator of Construction Projects,
Construction Manager and Manager of Survey
Crews.
SURVEY ENGINEER, BROWN & ROOT, INC., HOUSTON,
TEXAS. Responsible for layout and
engineering on I -10 and Loop 610
construction.
EDUCATION
EXPERIENCE
Present
Prior
JOHN PUGSLEY
VICE - PRESIDENT - FINANCE
University of Houston
Bachelor of Science /Electrical
Engineering 1977
Master of Science /Accountancy 1977
Certified Public Accountant
Registered Professional Engineer
CONTROLLER, CAPITAL EXCAVATION COMPANY,
AUSTIN, TEXAS. Responsible for accounting
function of the company. Monitors job cost
reporting system and coordinates monthly
billings to owner. Supervises and monitors
Data Processing and interfaces with
independent auditors, tax and other
regulatory agencies.
CERTIFIED PUBLIC ACCOUNTANT, TOUCHE ROSS &
CO., HOUSTON, TEXAS. Responsible for the
supervision of audit engagements with
experience in manufacturing, steel
fabricating, contract drilling, industrial
service and contracting companies and others.
Preparing tax returns and provided
consultation in the areas of taxes, EDP and
accounting systems.
Professional
Activities American Institute of Certified Public
Accountants
'Texas Society of Certified Public
Accountants
EDUCATION
PROFESSIONAL
EXPERIENCE
Present
Prior
TOM CHENEY
CONSTRUCTION MANAGER
South Dakota School of Mines & Technology
1977
Bachelor of Science - Civil Engineering
Texas Registration as a Professional Engineer
CONSTRUCTION MANAGER, CAPITAL EXCAVATION
COMPANY, AUSTIN, TEXAS. Responsible for
contract administration, project scheduling,
coordination of field operations, estimating,
client relations an interaction with City,
County, and State representatives.
PROJECT MANAGER, BILL MILBURN, INC., AUSTIN,
TEXAS. Responsible for overall management of
land development prof ects - thru - a i 17t�t —ate
development. Included coordination of
design, contract negotiations and
construction management.
PROJECT ENGINEER, CARLSON & DIPPEL, INC.,
AUSTIN, TEXAS. Responsible for design and
management of development related projects.
Included contract administration,
construction management and client relations.
MARTY GLASS
ESTIMATOR
EDUCATION Texas A & M University 1976
Bachelor of Science - Parks & Recreation
Administration
EXPERIENCE
Present
Prior
Austin Community College - 12 Hrs.,
Engineering Design Graphics; Richardson
Engineering Services Construction Estimating
Course; AGC Planning and Scheduling Course;
Brown & Root, Inc. Pipe Blueprint Reading
Course; Brown & Root, Inc. Rebar Blueprint
Reading Course.
ESTIMATOR, CAPITAL EXCAVATION COMPANY,
AUSTIN, TEXAS. Responsible for quantity
surveys', subcontract bid solicitation,, and_
assisting with the pricing of commercial
sitework and City, County, and State
roadwork.
ESTIMATOR, P.A. STARK CONSTRUCTION, AUSTIN,
TEXAS. Responsible for assisting the Chief
Estimator with quantity surveys, subcontracts
bid solicitation, cost accounting, and some
pricing for roadwork and utility work.
ESTIMATOR, LUMPKIN CONSTRUCTION CO., INC.,
AUSTIN, TEXAS. Responsible for quantity
surveys and subcontract bid solicitation for
commercial sitework.
ESTIMATOR, POTH CORPORATION, AUSTIN, TEXAS.
Responsible for quantity surveys,
subcontract bid solicitation, and some
pricing for general construction of
commercial building projects.
ESTIMATOR, BROWN & ROOT, INC., BAY CITY,
TEXAS & AUSTIN, TEXAS. Responsible for
quantity surveys, some pricing, and cost
accounting for industrial construction
projects including both nuclear and fossil
fueled power plants.
EXPERIENCE
Present
Prior
JIMMY GREGG
GENERAL SUPERINTENDENT
GENERAL SUPERINTENDENT, CAPITAL EXCAVATION
COMPANY, AUSTIN, TEXAS. Responsible for
management of field operations including
supervising all project foremen.
EQUIPMENT FOREMAN, CAPITAL EQUIPMENT COMPANY,
AUSTIN, TEXAS. Responsible for equipment and
supervision of equipment operators on
projects throughout Travis County and
surrounding areas.
EQUIPMENT OPERATOR, CAPITAL EQUIPMENT
COMPANY, AUSTIN, TEXAS. Eight (8) years
operating experience on various types of
heavy equipment (Motor Graders, Loaders,
Backhoes, Dozers, Rorre S - and Tfenchers).
MAINTENANCE SUPERVISOR, TRAVIS COUNTY
PRECINCT 3, AUSTIN, TEXAS. Responsible for
maintenance of all roads in Precinct 3 of
Travis County.
CAPITAL EXCAVATION COMPANY
BANK AFFILIATION
FIRST CITY NATIONAL BANK
P.O. Box 1727
Austin, Texas 78767
Telephone: (512) 473 -4343
FIRST REPUBLICBANK AUSTIN
P.O. Box 908
Austin, TX 78781
Telephone: (512) 397 -2200
FIRST REPUBLICBANK, OAK HILL
P.O. Box 3535
Austin, Texas 78764
Telephone: (512) 892 - 6000
Everett Bryant, Chairman of the Board
* When checking bank reference, please refer to Capital
Excavation Company owned by Royce Faulkner.
BONDS
Marsh & McLennan, Incorporated
2121 San Jacinto Street
1300 San Jacinto Tower
Dallas, TX 75201
Telephone: (214) 979 -9900
John D. Fulkerson, Vice President
INSURANCE
Stokes & Searcey Agency, Incorporated
2520 IH 35 South, Suite 200
Austin, TX 78704
Telephone: (512) 444- 7466...-
Sylvia Caskey
ACCOUNTANTS
James L. Roberts, CPA
7701 North Lamar Boulevard
Suite 412
Austin, TX 78752
Telephone: (512) 453 -3426
MAJOR COMPLETED AND IN PROGRESS PROJECTS:
PROJECT: Park 35 Circle & Walnut Park Crossing, Phase
II Street, Site and Utility Development
OWNER:
ENGINEER:
AMOUNT:
PAYMENT:
PROJECT:
OWNER:
CAPITAL EXCAVATION COMPANY
Business Park I Associates
1620 First City Centre
816 Congress Avenue
Austin, TX 78701
Mr. Will Shepherd
(512) 328 -8211
Espey, Huston & Associates
P.O. Box 519
Austin, TX' 78767
Mr. Steve Frost
Mr. Ben Jones
(512) 327 -6840
$ 800,000.00
Cost Plus Fee with Guaranteed Maximum
* * * * * * * * * * * * * * * *
The Stratum, Phase I & Phase II
Site, Parking Area Development
J.W. Bateson Company, Inc.
P.O. Box 20677
10150 Monroe Drive
Dallas, TX 75220
Mr. Victor Pangilinan
(214) 357 -1891
ENGINEER: The Austin Group Architects
AMOUNT: $ 450,000.00
PAYMENT: Cost Plus and Lump Sum
* * * * * * * * * * * * * * * *
MAJOR COMPLETED AND IN PROGRESS PROJECTS:
PROJECT: Convict Hill Road and Escarpment Blvd.
Street & Drainage Improvements
OWNER: Peyton Collins Company
Barton Oaks Plaza One
901 Mopac Expressway $outh
Suite 410
Austin, TX 78746
Mr. Peyton Collins
(512) 328 -8000
ENGINEER:
AMOUNT: $ 714,000.00
PAYMENT: Unit Price
OWNER:
ENGINEER:
PAYMENT:
CAPITAL EXCAVATION COMPANY
Lichliter /Jameson & Assoc., Inc.
811 Barton Springs Rd.
Suite 400
Austin, TX 78704 -1164
Mr. Ron Spencer
(512) 474 -5500
* * * * * * * * * * * * * * * *
PROJECT: 1) Westlake High School
Site & Utility Development
2) Westlake High School - Bus Barn
Site & Parking Area Development
3) Westlake High School - Track &
Field Improvements
Eaves Independent School District
601 Camp Craft Road
Austin, TX 78746
Mr. Bill Wheeless
(512) 328 -4010
Martinez & Wright Engineers
1106 Clayton Lane
Suite 550E
Austin, TX 78723
Mr. Mike Wright
(512) 453 -0767
AMOUNT: $ 430,000.00 (Combined)
Unit Price
* * * * * * * * * * * * * * * *
MAJOR COMPLETED AND IN PROGRESS PROJECTS:
PROJECT: 1) Milwood Subdivision, Sec. 25, 26A & 32
Street Development
OWNER:
ENGINEERS:
ENGINEERS:
ENGINEERS:-
AMOUNT:
PAYMENT:
CAPITAL EXCAVATION COMPANY
2) Fern Bluff, Phase I & II, Sec. II
Street Development
3) Broadmoor Addition
Street Development
The Bill Milburn Company
11911 Burnet Road
Austin, TX 78758
Mr. Joe DiQuinzio
(512) 835 -4663
Dippel Ulmann Engineers
2499 Capital of Texas Highway
Suite 204
Austin, TX 78746
Mr. Bobby Schroeder
(512) 327 -7730
. ( Milwood 25 & 26A & Broadmoor Additions)
* * * * * * * *
Haynie Kallman & Gray
12212 Technology Blvd.
Suite J
Austin, TX 78727
Mr. David Gray
(512) 250 -8611
(Fern Bluff projects)
* * * * * * * *
Turner Collie & Braden
5000 Plaza on the Lake
Suite 200
Austin, TX 78746
Mr. Gary Jones
(512) 329 -5002
(Milwood Section 32)
$ 971,000.00 (Combined)
Unit Price
* * * * "* * * * * * * * * * * *
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SEVERAL PROJECTS COMPLETED FOR THE FOLLOWING CLIENTS:
OWNER:
AMOUNT: $ 30,000.00 to $2,000,000.00
OWNER:
OWNER:
OWNER:
CAPITAL EXCAVATION COMPANY
AMOUNT: $ 454,000.00
Faulkner Construction Company
P.O. Box 722
Austin, TX 78767
Mr. Jim Yauger
(512) 327 -4100
* * * * * * * * * * * * * * * *
The City of Austin
Public Works Department
Contract Administration
505 Barton Springs Road
Austin, TX 78704
Mr'. Paul Salyers
(512) 499 -7051
AMOUNT: $ 2,000,000.00 Plus
* * * * * * * * * * * * * * * *
State Department of Highways &
Public Transportation
P.O. Drawer 15426
Austin, TX 78761 -5426
Mr. Terry Jackson
(512) 836 -8640
AMOUNT: $ 262,000.00 (Combined)
* * * * * * * * * * * * * * * *
University of Texas
P.O. Box 7729
Austin, TX 78713 -7729
Mr. Dale Norton
(512) 471 -6027
* * * * * * * * * * * * * * * *
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CAPITAL EXCAVATION COMPANY
_SEVERAL PROJECTS COMPLETED FOR THE FOLLOWING CLIENTS:
AMOUNT: $102,000.00
OWNER:
Travis County
P.O. Box 1748
Austin, TX 78767
Mr. Paul Pennybacker
(512) 473 -9122
* * * * * * * * * * * * * * * *
City of Round Rock
214 E. Main Street
Round Rock, TX 78664
Mr. Al Willy
(512) 255 -3612
AMOUNT: $ 700,000.00 (Combined)
OWNER:
AMOUNT: $ 420,000.00
AMOUNT:
* * * * * * * * * * * * * * * *
Lake Travis I.S.D.
3800 Hudson Bend Road, Suite 200
Austin, TX 78734
Mr. Jerry Gilbert
(512) 263 -3111
* * * * * * * * * * * * * * * *
Austin Center /3M
Kraus Anderson Construction Co.
P.O. Box 500027
Austin, TX 78750
Mr. Syd Dahlin
(512) 343 -2030
$ 1,500,000.00
* * * * * * * * * * * * * * * *
AMOUNT: $ 242,000.00
SEVERAL PROJECTS COMPLETED FOR THE FOLLOWING CLIENTS:
OWNER:
CAPITAL EXCAVATION COMPANY
AMOUNT: $ 675,000.00
Riverbend Baptist Church
4214 N. Capital of Texas Hwy.
Austin, TX
Mr. will Shepherd
(512) 328 -8211
* * * * * * * * * * * * * * * *
OWNER: Shell Oil Company
2119 One Shell Plaza
P.O. Box 2463
Houston, TX 77001
Mr. Larry Padfield or Mr. Bob Ryan
(713) 241 -6320
AMOUNT: $ 490,000.00
* * * * * * .* * * * * * * * * *
OWNER: Stripling -Blake Company
3400 Steck Avenue
Austin, TX 78766
Mr. Alec Beck
(512) 465 -4200
* * * * * * * * * * * * * * * *
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EQUIPMENT LIST
Loaders: 7 Track loaders
1 Rubber tire loader
Blades: 5 Catepillars
Backhoes: 10 Case 580
' Rollers: 4 Flatwheel
1 Padfoot
3 Pneumatic
Water Trucks: 5
Scrapers: 1 Caterpillar
Curb Machine: 1 Gomaco
Other: Crams_._.._.....
Concrete Pumps
Service Trucks
Bobcats
Gradalls
Support Vehicles
DIPPEL, ULMANN
& ASSOCIATES, INC.
ENGINEERS • PLANNERS • SURVEYORS
2499 CAPITAL OF TEXAS HWY. SO. • AUSTIN, TEXAS 78746 • (51 2) 327-7730 • (5121327-8381
DUA- 1528 -S &D
SAM BASS ROAD
(COUNTY ROAD 175)
STREET AND DRAINAGE IMPROVEMENTS
1985 G.O.B. PROGRAM
CITY OF ROUND ROCK, TEXAS
Owner
DIPPEL, ULMANN & ASSOCIATES, INC.
2499 Capital of Texas Highway
Suite 204
Austin, Texas
January, 1988
DUA- 1528 -S &D
TABLE OF CONTENTS
I. Addendum
II. Revised Notice to Bidders
III. Notice to Bidders
IV. Instructions to Bidders
V. Proposal
VI. Subcontractor Agreement
VII. Agreement
VIII. General Conditions of the Agreement
IX. Special Conditions of the Agreement
X. Subsurface Investigation
XI. Technical Specifications for Trench Shoring
XII. Supplemental Specifications
XIII. Plans Notice
DUA -1528
ADDENDUM NO. ONE
SAM BASS ROAD (COUNTY ROAD 175)
Street and Drainage Improvements
1. Item No. 17 shall be changed to read as follows:
COA
Spec. Item Estimated Description and Unit Price
No. No. Quantity of Item in Words
860 17. 14,136 LF 4" Yellow Reflectorized Pavement
Marking Line, complete and in
place, per linear foot,
For Dollars
And Cents
Unit Price
in Figures
Total Price
See Page P -3
2. Replace Supplemental Specification Utility Relocation with attached revised
Supplemental Specification Utility Relocation.
DUA -1528
SUPPLEMENTAL SPECIFICATION
UTILITY RELOCATION
(Revised)
General
These specifications shall govern for the relocation of any existing water or
wastewater utility. Relocation of any existing gas, telephone, cable television or
electric utility will be done at the Owners expense by the entity with jurisdiction.
The Contractor should pay special attention to the general notes regarding existing
utilities on plan sheet 2 of 20.
Sequence of Relocation
Prior to any construction the Contracotr shall locate horizontally and vertically any
existing utility that is shown on the plans or that is brought to his attention during
the pre- construction meeting that could pose as a problem during construction. Once a
utility has been located and determined that a conflict exists with construction the
Contractor shall notify the Owner and the Owner's representative so that the following
may take place:
1) Determine the best possible way for relocation;
2) Determine what type of pipe and fittings, if any, shall be used or reused;
3) Schedule and notify customers of shut down of service;
Once the utility has been relocated the Contractor, Owner, and Owner's representative
shall measure the quantity of materials used and payment will be made in accordance
with the unit prices outlined under payment.
Payment
Utility relocation will be paid for by the unit price as outlined in these
specifications which price or prices shall be full compensation for a complete utility
relocation or adjustment including but not limited to excavation, removal and
disposing of existing pipe, bedding material, laying of pipe, backfilling, cleanup,
and testing. The Contractor will be responsible for providing all necessary equipment
at his own cost to perform any required testing of utilities. Bacterialogical testing
will be paid for by the Owner.
Material
12" Ductile Iron Class 50, all depths
8" Ductile Iron Class 50, all depths
6" Ductile Iron Class 50, all depths
4" Ductile Iron Class 50, all depths
2" Polybutylene, all depths
1#" Polybutylene, all depths
1" Polybutylene, all depths
Concrete Encasement
Fittings
Wet Connection, all sizes
Unit Price
$ 35.00 /LF
24.00 /LF
20.00 /LF
18.00 /LF
11.00/LF
10.50 /LF
10.00 /LF
125.00/CY
2,600.00 /TN
500.00 /EA
Subtract from Unit
Price if Existing
Pipe is Re -Used
$ 13.00
8.00
5.00
4.00
NOTE: The unit price for 2 ", 11", and 1" water service pipe shall include tapping the
main, if necessary, and all fittings.
DUA- 1528 -S &D
1528 -DUA
REVISED NOTICE TO BIDDERS
Sealed proposals addressed to the City of Round Rock, 221 East Main Street,
Round Rock, Texas 78664, will be received at the above mentioned address
until 2:00 p.m., Tuesday, February 9, 1988, and then publicly opened and
read aloud at that time and place, for construction of approximately 4,000
linear feet of Street and Drainage Improvements on Sam Bass Road.
Bids will be submitted in sealed envelopes for each contract on the
Proposal furnished and marked in the upper lefthand corner, "Bid for
Sam Bass Road, to be opened at 2:00 p.m., February 9, 1988."
A pre -bid meeting will be held Thursday, February 4, 1988, at 2:00 p.m. at
the office of the Engineer, Dippel, Ulmann & Associates, Inc., 2499 Capital
of Texas Highway, Suite 204, Austin, Texas 78746. It is in the best
interest of the Bidders to attend this pre -bid meeting.
Prospective bidders may receive a copy of the bid documents from the
Engineer, Dippel, Ulmann & Associates, Inc., 2499 Capital of Texas Highway,
Suite 204, Austin, Texas. A $50.00 fee will be required. Plans and
Specifications furnished to prospective bidders remain the property of the
Bidder.
Each Proposal shall be accompanied by a Certified or Cashier's Check on a
responsible bank in the State of Texas, or a Bid Bond issued by an
acceptable surety company authorized to do business in the State of Texas
in an amount of not less than five percent (5 %) of the total amount bid.
The Contractor on this project will be required to furnish a Performance
Bond and a Payment Bond in the amount of one hundred percent (100 %) of the
total amount bid.
No Proposal shall be withdrawn for a• period of thirty (30) days after
opening bids.
The Owner reserves the right to reject any and /or all bids and to waive all
formalities in bidding. The Owner also reserves the right to determine
which bid is the lowest and the best, and to award the contract on this
basis.
City of Round Rock, Texas
Owner
DUA- 1528 -S &D
1528 -DUA
NOTICE TO BIDDERS
Sealed proposals addressed to the City of Round Rock, 214 East Main Street,
Round Rock, Texas 78664, will be received at the above mentioned address
until 2:00 p.m., Tuesday, February 9, 1988, and then publicly opened and
read aloud at that time and place, for construction of approximately 4,000
linear feet of Street and Drainage Improvements on Sam Bass Road.
Bids will be submitted in sealed envelopes for each contract on the
Proposal furnished and marked in the upper lefthand corner, "Bid for
Sam Bass Road, to be opened at 2:00 p.m., February 9, 1988."
A pre -bid meeting will be held Thursday, February 4, 1988, at 2:00 p.m. at
the office of the Engineer, Dippel, Ulmann & Associates, Inc., 2499 Capital
of Texas Highway, Suite 204, Austin, Texas 78746. It is in the best
interest of the Bidders to attend this pre -bid meeting.
Prospective bidders may receive a copy of the bid documents from the
Engineer, Dippel, Ulmann & Associates, Inc., 2499 Capital of Texas Highway,
Suite 204, Austin, Texas. A $50.00 fee will be required. Plans and
Specifications furnished to prospective bidders remain the property of the
Bidder.
Each Proposal shall be accompanied by a Certified or Cashier's Check on a
responsible bank in the State of Texas, or a Bid Bond issued by an
acceptable surety company authorized to do business in the State of Texas
in an amount of not less than five percent (5 %) of the total amount bid.
The Contractor on this project will be required to furnish a Performance
Bond and a Payment Bond in the amount of one hundred percent (100 %) of the
total amount bid.
No Proposal shall be withdrawn for a period of thirty (30) days after
opening bids.
The Owner reserves the right to reject any and /or all bids and to waive all
formalities in bidding. The Owner also reserves the right to determine
which bid is the lowest and the best, and to award the contract on this
basis.
City of Round Rock, Texas
Owner
DUA- 1528 -S &D
INSTRUCTIONS TO BIDDERS
A. Preparation of Bids:
Bids shall be submitted on the forms or form furnished by the Owner, with all spaces
appropriately filled in. Bid prices shall be legibly written in ink, in both words and
numerals; in case of discrepancy between words and numerals, the price written in words
shall govern. Any alteration of the words or numerals must leave both the original and
the corrected price clearly legible, and each such alteration must be initialed by the
person signing the bids.
Any proposal submitted by an individual must be signed by the Bidder or his authorized
agent; a Proposal by an association of partnership must be signed by a member of
authorized agent of the organization, a Proposal by a company, corporation, etc., must
be signed by a properly authorized agent of official. The Bidder's business name and
address must be given on all Proposals; where pertinent, properly written authorization
to sign the Proposal should be submitted with that Proposal.
B. Interpretation of Contract Documents and Technical Specifications, and Plans
Bidders desiring further information, or further interpretation of the Contract
Documents and TECHNICAL SPECIFICATIONS and PLANS must make request for such information
in writing to the Engineer, prior to 48 hours before the bid opening. Answers to all
such requests will be given in writing to all bidders, in addendum form, and all
addenda will be bound and made a part of the Contract. No other explanation or
interpretation will be considered official or binding. Should a bidder find
discrepancies in, or omissions from the Contract Documents, TECHNICAL SPECIFICATIONS,
or PLANS, or should he be in doubt as to their meaning, he should at once notify the
Engineer in order that a written addendum may be sent to all bidders. It is the
responsibility of the bidders to know if they have received all such addenda, complete
files of which will be maintained in the office of the Engineer and in the office
designated to receive the PROPOSALS.
C. Conditions of Work
Each bidder is expected to inform himself fully of the construction and labor
conditions under which the work will be performed, and will have inspected the site and
have read and be thoroughly familiar with the Contract Documents, TECHNICAL
SPECIFICATIONS, and PLANS.
Each bidder shall satisfy himself as the character, quality and quantities of work to
be performed and materials to be furnished. The submission of a proposal by a bidder
shall be conclusive evidence that he has complied with these requirements. Claims for
additional compensation due to variations between conditions actually encountered in
construction and as indicated by the plans will not be allowed.
Any information given in regard to subsurface data, test borings, and similar
conditions is to be considered approximate and does not relieve the bidder of the
responsibility for its verification.
Instructions to Bidders -1-
DUA- 1528 -S &D
D. Delivery of Proposal.
Each completed proposal shall be placed, together with the proposal guaranty in an
envelope, sealed and clearly identified on the outside as a proposal to the Owner,
projection description and name and address of the bidder. When sent by mail, the
sealed proposal, marked as indicated above, should be enclosed in an additional
envelope. Proposals will not be considered unless received on or before the time
designated in the Invitation to Bidders.
Any bidder, upon his written request, will be given permission to withdraw his proposal
not later than the time set of the opening thereof.
E. Proposal Guaranty
Each proposal must be accompanied by a Cashier's or Certified Check, payable to the
Owner, or an acceptable bid bond in the amount of not less than five percent (5 %) of
the total amount bid, as a guarantee that bidder will enter into a contract and furnish
the required bonds and insurance within ten (10) working days after Notice of Award of
contract to him.
This guarantee shall be forfeited and become the property of the Owner in case the
bidder neglects or refuses to enter into contract and to furnish bonds and insurance
acceptable to the Owner within ten (10) working days after his Proposal shall have been
accepted.
F. Evaluation of Bids
After proposals have been opened and read aloud, the proposals will be tabulated on the
basis of the quoted prices, the quantities shown in the proposals, and the application
of such formulas or other methods of bringing items to a common basis as may be
established in the Contract Documents.
The total obtained by taking the sum of the products of unit prices quoted and the
estimated quantities, plus any lump sum items and such other quoted amounts as may
enter into the cost of the complete project, will be considered as the amount of the
bids.
Until the award of the contract is made by the Owner, the right will be reserved to
reject any or all proposals and to waive technicalities, to re- advertise for new
proposals, or to proceed with the work in any manner as may be considered for the best
interest of the Owner.
Proposal will be considered irregular and may be rejected if they show erasures or
improper alterations of words of figures, additions or deletions not called for,
uninvited alternate or conditional bids, incomplete bids, or unbalanced values for any
bid items.
Bidders may be disqualified and their proposals set aside for any cause not in the best
interest of the Owner.
No Trench Safety System substitutes will be considered in the evaluation of the bids.
Consideration of substitute trench safety systems will be considered as provided under
Section 6.7.1 of the Standard General Conditions of the Construction Contract.
Instructions to Bidders -2-
DUA- 1528 -S &D
G. Award of the Contract
The Owner reserves the right to postpone final action on Proposals for up to thirty
(30) calendar days after opening, and to investigate the competence and responsibility
of Bidders. Award of the contract, if made, will be to the bidder who is judged by the
Owner to be sufficiently responsible and competent to perform the contract to his
satisfaction. An award does not become effective until the Owner issues the successful
Bidder a written Notice of Award.
H. Execution of Contract
Within ten (10) working days after the Notice of Award of the Contract has been issued,
the successful bidder shall execute the Contract and furnish the Owner the following
bonds and insurance:
(1) A 100% Performance Bond
(2) A 100% Labor & Materials Bond
(3) Workmen's Compensation Insurance
(4) Comprehensive General Liability Insurance
(5) Property Damage Insurance
(6) Automobile Liability Insurance
I. Sureties
No sureties will be accepted by the Owner which are in default or delinquent on any
bonds, or which are interested in any litigation against the Owner. Should any surety
on the contract be determined unsatisfactory at the time by the Owner, notice will be
given the Contractor to that effect and the Contractor shall immediately provide a new
surety satisfactory to the Owner. No payment will be made under the contract until the
new surety or sureties, as required, have qualified and have been accepted by the
Owner. The contract shall not be operative nor will any payments be due•or paid until
approval of the bonds by the Owner.
J. Commencement and Prosecution of Work
The successful bidder will be required to commence work within ten (10) calendar days
after the date the Notice to Proceed, and will be required to complete the work within
the number of days stated in the contract beginning on the date of the Notice to
Proceed.
K. Statement of Bidder's Qualifications
At the Owner's request the Bidder is to submit information regarding his qualifications
in accordance with the following instructions. Minimum wage scales shall be as
specified and regulated by the State of Texas and the Federal Government. All
questions must be answered and the data given must be clear and comprehensive. If
necessary, questions may be answered on separate attached sheets. The Bidder may
submit any additional information he desires.
1. Name of Bidder.
2. Permanent main office address and telephone number.
3. When organized.
Instructions to Bidders -3-
DUA- 1528 -S &D
4. If a corporation, where incorporated.
5. How may years have you been engaged in the contracting business under your present
firm or trade name?
6. Contracts on hand: (Schedule these, showing amount of each contract and the
approximate anticipated dates of completion).
7. General character of work performed by your company.
8. Have you ever failed to complete work awarded to you? If so, where and why?
9. Have you ever defaulted on a contract? If so, where and why?
10. List the more important project recently completed by your company (six most
recent), stating the approximate costs for each, and the month and year completed.
11. List your major equipment available for this contract.
12. Experience in construction work similar in importance to this project.
15. Give Bank reference:
16. Will you, upon request, fill out a detailed financial statement, and furnish any
other pertinent information that may be required by the Owner?
17. The undersigned hereby authorizes and requests any person, firms, or corporation
to furnish any information requested by the Owner in verification of the recitals
comprising this Statement of Bidder's Qualifications.
Dated at
of , 19
Instructions to Bidders -4-
this day
(Contractor)
By
Title
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13. Background and experience of the principal members of your organization,
including the officers. 11 14. Credit available: $
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SAM BASS ROAD (COUNTY ROAD 175)
STREET AND DRAINAGE IMPROVEMENTS
CITY OF ROUND ROCK, TEXAS
214 East Main
Round Rock, Texas 78664
Gentlemen:
DUA- 1528 -S &D
PROPOSAL
February 26, 1988
The undersigned, in compliance with your invitation for bids for construction of the Sam
Bass Road, Street and Drainage Improvements, for the City of Round Rock, Texas, having
examined the plans and specifications with the related documents, having carefully read
same, having examined the site of the proposed project, proposes to furnish all labor,
materials, supplies, and to construct the project in accordance with the Contract Documents
within the time set forth and at the price stated below:
COA
Spec. Item Estimated Description and Unit Price Unit Price
No. No. Quantity of Item in Words in Figures Total Price
Street Improvements
101 1. 40.5 STA Preparing Right -of -Way,
(Removing and disposing of
all material as outlined on
the plans) complete and in
place, per station,
For Five Hundred Twenty Dollars
And No Cents
110 2. 36,023 SY Street Excavation, (R.O.W.
to R.O.W.) complete and in
place, per square yard,
For No Dollars
And Ninety -three Cents 0.93 33,501.39
201 3. 18,820 SY Subgrade Preparation, complete
and in place, per square yard,
For No Dollars
And Sixty -seven Cents 0.67 12,609.40
210 4. 5,805 CY Flexible Base, complete and in
place, per cubic yard,
For Twelve Dollars
And Twenty -five Cents 12.25 71,111.25
340 5. 14,383 SY 2" Hot Mix Asphaltic Concrete,
complete and in place, per
square yard,
For Three Dollars
And Forty -five Cents 3.45 49,621.35
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$ 520.00 $ 21,060.00
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DUA- 1528 -S &D
COA
Spec. Item Estimated Description and Unit Price Unit Price
No. No. Quantity of Item in Words in Figures Total Price
430 -8 6. 7,560 LF 6" Concrete Curb & Gutter,
431 -B complete and in place, per
linear foot,
For Four Dollars
And No Cents $ 4.00 $ 30,240.00
436 7. 1,848 SF Concrete Valley Gutters, complete
and in place, per square foot,
For Two Dollars
And Forty -eight Cents 2.48 4,583.04
433 8. 5,631 SF Concrete Driveway Approaches,
complete and in place, per
square foot,
For Two Dollars
And Forty -one Cents
2.41 13,570.71
433 9. 490 SF Replacement of Private Driveway
#3, complete and in place, per
square foot,
For Two Dollars
And Forty -two Cents 2.42 1,185.80
432 10. 40,536 SF Concrete Sidewalk, complete
and in place, per square foot,
For One Dollars
And Sixty Cents 1.60 64,857.60
431 11. 15 EA Sidewalk Ramps, (Condition 3)
complete and in place, per each,
For One Hundred
Twenty -eight Dollars
And Fifty Cents 128.50 1,927.50
431 12. 1 EA Sidewalk Ramps, (Condition 2)
complete and in place, per each,
For One Hundred Five Dollars
And No Cents 105.00 105.00
591 13. 470 SY 6" Concrete Riprap Slope
Protection, complete and in
place, per square yard,
For Twenty -four Dollars
And Fifty -seven Cents 24.57 11,547.90
704 14. 150 LF Metal Beam Guardrail, complete
and in place, per linear foot,
For Thirty Dollars
And No Cents 30.00 4,500.00
15. 9 EA Relocation of existing mailboxes,
with temporary placement,
complete and in place, per each,
For One Hundred Three Dollars
And No Cents 103.00 927.00
P -2
DUA- 1528 -S &D
COA
Spec. Item Estimated Description and Unit Price Unit Price
No. No. Quantity of Item in Words in Figures Total Price
SUP. 16. 1 LS Construction Detour, complete
SPEC. and in place, per lump sum,
For Twelve Thousand Nine
Hundred Fifty Dollars
And No Cents $ 12,950.00 $ 12,950.00
860 17. 14,136 LF 4" Yellow Reflectorized Pavement
Marking Line, complete and in
place, per linear foot,
For No Dollars
And Twenty -one Cents 0.21 2,968.56
865 18. 362 EA Non - reflectorized Traffic
Buttons, complete and in place,
per each,
For Five Dollars
And No Cents 5.00 1,810.00
TOTAL AMOUNT BID FOR STREET IMPROVEMENTS $ 339,076.50
Drainage Improvements
510 19. 526 LF 42" RCP, Class III, complete
and in place, per linear foot,
For Sixty Dollars
And No Cents $ 60.00 $ 31,560.00
510 20. 678 LF 36" RCP, Class III, complete
and in place, per linear foot,
For Forty -seven Dollars
And No Cents 47.00 31,866.00
510 21. 859 LF 30" RCP, Class III, complete
* and in place per linear foot,
For Forty Dollars
And No Cents 40.00 34,360.00
510 22. 1,158 LF 24" RCP, Class III, complete
and in place, per linear foot,
For Twenty -eight Dollars
And Seventy -five Cents 28.75 33,292.50
510 23. 887 LF 18" RCP, Class III, complete
and in place per linear foot,
For Twenty -four Dollars
And Ten Cents 24.10 21,376.70
* If the existing 30" RCP to be removed is approved by the Owner for reuse then $10.00 per
linear foot will be subtracted from the unit price bid for this item.
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508 25.
508 26.
506 28.
508 29.
508 30.
508 32.
DUA- 1528 -S &D
COA
Spec. Item Estimated Description and Unit Price Unit Price
No. No. Quantity of Item in Words in Figures Total Price
508 24. 1 EA Headwall for 1 -42" RCP, complete
and in place, per each,
For Seventeen Hundred
Fifty Dollars
And No Cents $ 1,750.00 $ 1,750.00
1 EA Headwall for 2 -36" RCP, complete
and in place, per each,
For Twenty -five Hundred
Seventy Dollars
And No Cents 2,570.00 2,570.00
2 EA Headwall for 1 -18" RCP, complete
and in place, per each,
For Five Hundred Forty Dollars
And No Cents 540.00 1,080.00
1 EA Junction Box (Modification),
complete and in place, per each,
For Forty -two Hundred Dollars
And No Cents 4,200.00 4,200.00
2 EA 4' Diameter Storm Sewer Manhole,
complete and in place, per each,
For One Thousand Thirty Dollars
And No Cents 1,030.00 2,060.00
1 EA 20' Inlet, Type 1, including
transition, complete and in
place, per each,
For Twenty -eight Hundred
Seventy -five Dollars
And No Cents 2,875.00 2,875.00
5 EA 15' Inlet, Type 1, including
transition, complete and in
place, per each,
For Twenty -five Hundred
Fifteen Dollars
And No Cents 2,515.00 12,575.00
508 31. 14 EA 10' Inlet, Type 1, including
transition, complete and in
place, per each,
For Twenty -one Hundred
Sixty Dollars
And No Cents 2,160.00 30,240.00
1 EA Double Sided 10' Inlet, Type 1,
including Transition, Sidewalk
and Box Type Culvert, complete
and in place, per each,
For Twenty -five Hundred
Sixty -five Dollars
And No Cents 2,565.00 2,565.00
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DUA- 1528 -S &D
COA
Spec. Item Estimated Description and Unit Price Unit Price
No. No. Quantity of Item in Words in Figures Total Price
33. 1 EA Curb Cut #15, including sidewalk
and Box Type Culvert, complete
and in place, per each,
For Nine Hundred
Twenty -five Dollars
And No Cents $ 925.00 $ 925.00
34. 1 EA Curb Cut #27, including sidewalk
and Box Type Culvert, complete
and in place, per each,
For Eight Hundred Seventy Dollars
And No Cents 870.00 870.00
508 35. 1 EA 5'x5' Area Inlet #16 -A, complete
and in place, per each,
For Fourteen Hundred Sixty Dollars
And No Cents 1,460.00 1,460.00
508 36. 1 EA 4'x4' Area Inlet #16, (Non - Dalworth)
Including Relocation of 12" PVC,
complete and in place, per each,
For Seventeen Hundred
Twenty Dollars
And No Cents 1,720.00 1,720.00
508 37. 1 EA 4'x4' Area Inlet #30, Including
"V" Bottom Channel, complete
and in place, per each,
For Fourteen Hundred
Forty -five Dollars
And No Cents 1,445.00 1,445.00
508 38. 1 EA 4'x4' Area Inlet #20, Including
any associated Area Grading,
complete and in place, per each,
For Twelve Hundred
Sixty -five Dollars
And No Cents 1,265.00 1,265.00
120 39. 120 LF 8' Flat Bottom Channel, complete
and in place, per linear foot,
For Twenty -six Dollars
And Ten Cents
120 40. 15 LF 8' Flat Bottom to 20' Flat
Bottom Transition Channel,
complete and in place, per
linear foot,
For Twenty -three Dollars
And No Cents
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26.10 3,132.00
23.00 345.00
DUA- 1528 -S &D
COA
Spec. Item Estimated Description and Unit Price Unit Price
No. No. Quantity of Item in Words in Figures Total Price
120 41. 30 LF 3.5' Flat Bottom to "V"
Bottom Transition Channel,
complete and in place, per
linear foot,
For Eleven Dollars
And Fifty Cents $ 11.50 $ 345.00
120 42. 50 LF Grade to Drain Channel, complete
and in place, per linear foot,
For Six Dollars
And Fifty Cents 6.50 325.00
TECH. 43. 1,375 LF Trench Shoring, complete and in
SPEC. place, per linear foot,
TRENCH For One Dollars
SHORING And Fifty -five Cents 1.55 2,131.25
504 44. 2 EA Adjust Existing Storm Sewer
Manhole, complete and in place
per each,
For Three Hundred Ten Dollars
And No Cents 310.00 620.00
504 45. 7 EA Adjust Existing Water Valve Box,
complete and in place, per each,
For One Hundred Fifty -five Dollars
And No Cents
TOTAL PRICE 8ID FOR EROSION CONTROL
TOTAL PRICE BID FOR ALL IMPROVEMENTS
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155.00 1,085.00
TOTAL PRICE BID FOR DRAINAGE IMPROVEMENTS $ 228,038.45
Erosion Control:
639 46. 100 LF Rock Berm, complete and in
place, per linear foot,
For Six Dollars
And Seventy Cents $ 6.70 $ 670.00
604 47. 11,000 SY Seeding for Erosion Control,
complete and in place, per
square yard,
For One Dollars
And Thirty -six Cents 1.36 14,960.00
602 48. 1,000 SY Sodding for Erosion Control,
complete and in place, per
square yard,
For Three Dollars
And Ninety -five Cents 3.95 3,950.00
$ 19,580.00
$ 586,694.95
DUA- 1528 -S &D
The undersigned bidder hereby acknowledges receipt of the following addenda:
Addendum #1 (Received 2/5/88)
and such addenda are hereby made a part of this contract.
The undersigned bidder agrees to complete the work on which he has bid within
180 calendar days from the date of the written order to commence work, including
the date of the work order.
Enclosed with this Proposal is a Certified or Cashier's Check for
Dollars ($ ) or an acceptable bid bond in the sum of five
percent (5 %) of the total bid, which it is agreed shall be collected and retained
by the Owner as liquidated damages in the event this Proposal is accepted by the
Owner and the undersigned fails to execute the Agreement and all other necessary
Contract Documents within ten (10) calendar days after the date of notice to acceptance of
said proposal; otherwise, said check or bid bond shall be returned
to the undersigned, from the date of the bid opening.
The undersigned further declares that he will provide all necessary tools, machinery
and apparatus, do all of the work and furnish all the materials and supplies, and do
everything required to carry out the above mentioned work covered by the Proposal for
the prices set forth above.
If written notice of the acceptance of this bid is mailed, telegraphed or delivered
to the undersigned within thirty (30) days after the date of the opening of bids, or
any time thereafter before this bid is withdrawn, the undersigned will, within ten (10)
days after the date of such notice of acceptance, execute and deliver a suitable Agreement
and all other necessary Contract Documents covering the work of this Proposal.
It is understood that any bid item may be either reduced or increased in quantity up
to twenty -five percent (25 %) of the total quantity at the option of the Owner and the
Contractor's unit bid prices shall remain the same.
In submitting this bid, it is understood that the right is reserved by the Owner
to reject any and all bids. The Contractor shall be prepared to start work on this
project immediately upon acceptance of his bid.
The Contractor, recognizing the importance of this project for the Owner, and by
submitting his bid, confirms that he has checked and re- checked his bid proposal, that
he has considered fully the price of all materials, labor and any and all other cost
items to him to complete this project, that he has examined the project site and
satisfied himself regarding unclassified excavation and all other physical aspects of
the project, that he has examined carefully the plans and specifications and confirms
that they reflect the full intent of all aspects of the project.
Respectfully submitted:
BIDDER: 2pital Excavation Com
BY: e ,�
TITLE. President
MAILING ADDRESS: P. 0. Box 1301
Austin, Texas 78767
P -7
DUA- 1528 -S &D
Name of Subcontractor
Asphalt Paving Company
Schmidt Construction Co.
J & J Concrete Co.
Owner:
Engineer:
SUBCONTRACTOR AGREEMENT
At the request of the Owner the Contractor will be required to submit the names of
the subcontractors, and to what extent they will be used, if awarded this contract.
The Contractor shall be fully aware that before his bid proposal will be taken
under consideration for possible contract awarding or before any contract will be
prepared, the subcontractors listed below must be approved in writing by the owner.
No other subcontractor may be substituted, after this list is submitted, without
prior written consent by the owner before they may be used on this job. Should the
owner find any of the proposed subcontractors to be objectionable, the contractor
and the owner shall arrive at a mutually agreeable substitute prior to commencing
work. The subletting of any portion of the work shall not release the contractor
from his obligations regarding that portion of the work and shall be considered his
total responsibility.
Bidder/Con actor:
`c Capi al Ex ovation Company
By: C-
Title: President
What Extent Used
Hot Mix Asphaltic Concrete Pavement
Underground Utilities
Concrete Work
DUA- 1528 -S &D
STATE OF TEXAS
COUNTY OF TRAVIS
AGREEMENT
THIS AGREEMENT, made and entered into this 26th day of February A.D. 1988, by and
between The City of Round Rock, Texas acting through Mike Robinson, Mayor
thereunto duly authorized so to do, Party of the First Part, hereinafter termed
OWNER, and Capital Excavation Company of the City of Austin , County of Travis ,
and State of Texas of the Second Part, hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter
mentioned, to be made and performed by the PARTY of the First Part (OWNER), and under
the conditions expressed in the Bonds bearing even date herewith, the said Party of
the Second Part (CONTRACTOR) hereby agrees with the Party of the First Part (OWNER)
to commence and complete the construction of certain improvements described as
follows:
SAM BASS ROAD (COUNTY ROAD 175)
STREET AND DRAINAGE IMPROVEMENTS
and all extra work in connection therewith, under the terms as stated in the "General
Conditions of the Agreement ", and at his (or their) own proper cost and expense to
furnish all the materials, supplies, machinery, equipment, tools, superintendence,
labor, insurance and other accessories and services necessary to complete the said
A -1
DUA- 1528 -S &D
construction, in accordance with the conditions and prices stated in the "Proposal"
attached hereto, and in accordance with the Plans, which includes all maps, plats,
blue prints and other drawings and printed explanatory matter thereof, and the
Specifications therefor, as prepared by:
DIPPEL, ULMANN & ASSOCIATES, INC.
2499 Capital of Texas Highway
Suite 204
Austin, Texas 78746
herein entitled the ENGINEER, each of which has been identified by the endorsement of
the CONTRACTOR and the ENGINEER thereon, together with the CONTRACTOR'S written
"Proposal ", the "Special Conditions of the Agreement ", the "General Conditions of the
Agreement ", the "Performance and Payment Bonds" (where required) hereto attached; all
of which are made a part hereof and collectively evidence and constitute the entire
contract.
The CONTRACTOR hereby agrees to commence work within ten (10) calendar days after the
date written notice to do so shall have been given to him, and to complete same
within 180 calendar days after the date of the written notice to commence work.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the
Contract in accordance with the "Proposal" submitted therefore, subject to additions
and deductions, as provided in the "General Conditions of the Agreement ", and to make
payments on account, thereof as provided therein.
* By the term "completed" is meant that all the work included in this contract is
finished, and that all items that appear on the final punch list issued by the City
of Round Rock have been completed.
A-2.
' DUA- 1528 -5 &D
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IN WITNESS WHEREOF, the Parties to these presents have executed this "Agreement" in
the year and day first written above.
City Secretary
' Ass. Secretary
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RECOMMENDED BY:
DI PEL, ULMAIIN & ASSOCIATES, INC.
Date: 3/08
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THE CITY OF ROUND ROCK, TEXAS
Party of the First Part
(OWNER)
ike Robinson, Mayor
Date: :5 4 -18
CAPITAL EXCAVATION COMPANY
Party of the Second Part
(CONTRACTOR)
ames E. Bradley, Pre dent
Date: 371/00
I OND NO. U 67 14 61 TEXAS STATUTORY PAYMENT BOND
• (McGREGOR ACT — PUBLIC WORKS)
KNOW ALL MEN BY THESE PRESENTS: BONDS EXECUTED IN SEVEN (7) COUNTERPARTS.
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That CAPITAL EXCAVATION COMPANY, AUSTIN, TEXAS
WHEREAS, The Principal has entered into a written contract dated Fell rtlar'y 76, 1988
as Principal. and
UNITED PACIFIC INSURANCE COMPANY
THE CITY OF ROUND ROCK, TEXAS as Surety, are held and firmly bound
214 E. Main Street, Round Rock, Texas 78664
unto 51Vh HUNIKhll i1lWi biJ 1fiUUJAND, SIX as Obligee, in the full and just sum
of HUNDRED NINETY FOUR AND 95/100 Dollars IS 586,694.95
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lawful money of the United States, to the payment of which sum, well and truly to be made. the Principal and Surery bind themselves, their
and each of their heirs, executors, administrator, successor and assigns, jointly and severally. firmly by these presents.
SAM BASS ROAD (COUNTY ROAD 175). STREET AND DRATNACE 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.
with the Obligee for
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION (5 SUCH, that if the said Principal shall pay all claimants supplying labor
and material to him ore subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void; other-
wise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160, Chapter of Vernon's Revised Civil Stat-
utes of Texas as amended by the Acts of the Regular Session of the 56th Legislature, 1959, and all liabilities on this bond to all such claim -
ants,shall be determined in accordance with the provisions thereof to the same extent as if it were copied at length herein.
MARCH 3, 1988
Signed, sealed and dated
B -77 (3.75}
(Witness)
{ By
CAPITAL EXCAVATION COMPANY
UN TED PACIFIC INSURANCE COMPANY
(Surery)
(Seal}
fire def.
(Title)
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TEXAS STATUTORY PERFORMANCE BOND
IMcGREGOR ACT — PUBLIC WORKS)
BOND N0. U 67 14 61
Bonds executed in seven (7) counterparts.
KNOW ALL MEN BY THESE PRESENTS:
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UNITED PACIFIC INSURANCE COMPANY as Surety are held and firmly bound
THE CITY OF ROUND ROCK, TEXAS
unto 214 E. Main Street, Round Rock, Texas 78664 os Obligee, In the full andJust sum
FIVE HUNDRED EIGHTY SIX THOUSAND, SIX HUNDREIT
of NINETY FOUR AND 95/100 586,694.95
Dollars IS
lawful money of the United States, to the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their
and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
a l has entered Into a written contract dated February 26 , 1988
WHEREAS, The Principal with the Obligee for
1 SAM BASS ROAD (COUNTY ROAD 175) STREET AND DRAINAGE IMPROVEMENTS
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Signed, sealed and dated MARCH 3, 1988
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That
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 the work in
accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in lull force and
at feet.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160, Chapter 9 of Vernon's Revised Civil Stat-
utes cif Texas es amended by the Acts of the Regular Session of the 56th Legislature, 1959, and ell liabilities on this bond shall be determin.
ed In accordance with the provisions thereof to the same extent es if It were copied at length herein.
9.76 (3.75)
CAPITAL EXCAVATION COMPANY, AUSTIN, TEXAS
Wit
\t
CAPITAL EXCAVATION COMPANY
By
(Prin. pal)
UNITED PACIFIC INSURANCE COMPANY
(Surety)
as Principal, and
(Title)
Attorney- Ie•Fact
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That the UNITED PACIFIC INSURANCE COMPANY, a corporation duly organized under the laws of the
State of Washington, does hereby make, constitute and appoint John D. Fulkerson, Mary L. Tatro, Lawrence W. Waldie,
Henry W. Burch, III, Lee West, Joanne Ashby, Pat Van Hook and Theresa Schnebelt, individually,
of Dallas, Texas
its true and lawful Attorney -in -Fact, to make, execute, seal and deliver for and on its behalf, and as its act'and deed any and all bonds and
undertakings of Suretyship,
and to bind the UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings
obligatory in the nature thereof were signed by an Executive Officer of the UNITED PACIFIC INSURANCE COMPANY and sealed and attested by one
other of such officers, and hereby ratifies and confirms all that Its said Attorneytsl -in -Fact may do in pursuance hereof.
This Power of Attorney is granted under and by authority of Article VII of the By -Laws of UNITED PACIFIC INSURANCE COMPANY which
became effective September 7, 1978, which provisions are now in full force and effect, reading as follows:
1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President
or other officer designated by the Board of Directors shall have power and authority to cal appoint Attorneys -in -Fact and to authorize them to execute
on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and Ibl
to remove any such Attorney -in -Fact at any time arid revoke the power and authority given to him.
2. Attorneys -in -Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute
and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof.
The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of Indemnity and other writings obligatory
in the nature thereof,
3. Attorneys•in•Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indem•
nity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and
to copies of the By -Laws of the Company or any article or section thereof.
This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of
UNITED PACIFIC INSURANCE COMPANY at a meeting held on the 5th day of June, 1979, at which is quorum was present, and said Resolution has not
been amended or repealed:
IN WITNESS WHEREOF, the UNITED PACIFIC INSURANCE COMPANY has caused these presents to • signed
seal to be hereto affixed, this 26th day of February 1986.
Pennsylvania } ss.
Philadelphia J
On this 26th day of February , 1986, personally appeared
STATE OF
COUNTY OF
IN WITNESS WHEREOF, I have hereunto set my hand and affix
BDU.1431 Ed. 6/79
UNITED PACIFIC INSURANCE COMPANY
HOME OFFICE, FEDERAL WAY, WASHINGTON
ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS
"Resolved, that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of
attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile
signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by
facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which a 15 attached."
UNITED
Vice President
Vice P id.nt, ands
IFIC IN ANCE 0 ANY
Raymond MacNeil
to me known to be the Vice - President of the UNITED PACIFIC INSURANCE COMPANY, and acknowledged that he executed and attested the fore-
going instrument and affixed the seal of said corporation thereto, and that Article VII, SecJio¢ 1, 2, and � 3•efhe By -Laws of said Company, and the
Resolution, set forth therein, are still in full force.
porate
My Commission Expires: L Y L.*XO.cAi
September 28 .1987 - Notary Public in and for State of Pennsylvania
Residing at Phil RaPaph.ta
P. D. Crossetta , Assistant Secretary of the UNITED PACIFIC INSURANCE COMPANY, do hereby certify that the
above and foregoing is a true and correct copy of a Power of Attorney executed by said UNITED PACIFIC INSURANCE COMPANY, which is still in full
force and effect.
Company this 3rd day of March 79 88
Assistant Secretary _ — ice'•
• CERTIFICATE OF=.INSURANCE 1
ISSUE DATE IMbVDO/YY)
' PRODUCER
STOKES AND SEARCEY AGENCY, INC.
2520 I.H. 35 SOUTH
I
AUSTIN, TX 78704
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.
COMPANIES AFFORDING COVERAGE
COMPANY A USF &G
LETTER
COMPANY B
LETTER
'
INSURED
CAPITAL EXCAVATION COMPANY
I P.O. BOX 1301
AUSTIN, TEXAS 78767
ITTMTLAINY C
ogre D
' COVERAGES
COMPANY
LETTER E
THIS 15 TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, 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 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI-
TIONS OF SUCH POLICIES.
CO
TR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/CONY)
POLICY EXPIRATION
DATE (MNWm)
LIABILITY LIMITS IN THOUSANDS
OCC ARENCE
AGGREGATE
GENERAL
IF
,x.._
LIABILITY
COMPREHENSIVE FORM
PREMISES/OPERATIONS
UNDERGROUND
PRODUCTS/COMPLETED OPERATIONS
CONTRACTUAL
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY
TMP 072769060
6/19/87
6/19/88
BODILY
INJURY
$
$
PROPERTY
DAMAGE
$
$
M " " 1 n
COMBINED
$ 1000
$ 1000
PERSONAL INJURY
1000
$
1 A
I X
'
I _
2cAUTOMOBILE
X
X
X
LIABILITY
ANY AUTO
ALL OWNED AUTOS (PRN. PASS)
/OTNER r )
ALL OWNED AUTOS 1 OTHE PA RS.
HIRED AUTOS
NON -OWNED AUTOS
GARAGE LIABILRY
OTC 039149451
6/19/87
6/19/88
N`LmY
(PER RAM NI
$
I
RA ACCDEND
PROPERTY
DAMAGE
$
BI 8 PD
COMBINED
1000
$
/11 A
I
}EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
CEP 094379593
6/19/87
6/19/88
COMBINED
5000
$
5000
$
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
72 041258 78
6/05/87
6/05/88
STATUTOFS00
$ 50 U (EACH A CIDENT)
$ 500 (DISEASE-POLICY LIMIT)
$ (DISEASE -EACH EMPLOYEE)
{
1
OTHER
DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES/SPECIAL ITEMS
SAM -BASS STREET /ROAD DRAINAGE PROJECT
FOR CITY OF ROUND ROCK
$586,694.95
CERTIFICATE HOLDER
' SHOULD - MY
CITY OF ROUND ROCK
2 21 E MAIN ST
I ROUND ROCK TX 78664
•
CANCELLATION
OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL DAYS WRITTEN NOTICE TO THECERTIFICATR=HOLDE, TO THE
,MED
LEFT, BUT FAILURE TO MAIL SUCH OTICE LL IMPOSE NO • = TI • ' OR LIABILITY
OF ANY N UPON THE COMP/) , ITS NTS OR REPRESENTAT L
AITTH REPRESENTATIVE
25 2 84)
IIR /AC CORPORATION 1984
DUA- 1528 -S &D
GENERAL CONDITIONS
This document has Important legal consequences: consultation with an attorney is encouraged with
respect to Its completion or modification.
NATION•L
SOCIETY OF
PROFESSIONAL
ENGINEERS
No. 1910-8 11983 Edition)
STANDARD
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
Prepared by
Engineers' Joint Contract Documents Committee
Issued and Published Jointly By
and
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
A practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN CONSULTING ENGINEERS COUNCIL
AMERICAN SOCIETY OF CIVIL ENGINEERS
CONSTRUCTION SPECIFICATIONS INSTITUTE
This document has been approved and endorsed by
The Associated General Contractors of America
These General Conditions have been prepared for use with the Owner- Contractor Agreements (No.
1910 -8 -A -1 or 1910- 8 -A -2, 1983 editions). Their provisions are interrelated and a change in one may
necessitate a change in the others. Comments concerning their usage are contained in the Commentary
on Agreements for Engineering Services and Contract Documents, No. 1910 -9, 1981 edition. For
guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supple-
mentary Conditions (No. 1910 -17. 1983 edition). When bidding is involved, the Standard Form of
Instructions to Bidders (No. 1910 -12, 1983 edition) may be used.
TABLE OF CONTENTS OF GENERAL CONDITIONS
Article
Number Tule Page
I DEFINITIONS 7
2 PRELIMINARY MATTERS 8
3 CONTRACT DOCUMENTS:
INTENT. AMENDING AND REUSE 9
4 AVAILABILITY OF LANDS: PHYSICAL CONDITIONS:
REFERENCE POINTS 10
5 BONDS AND INSURANCE 11
6 CONTRACTOR'S RESPONSIBILITIES 14
7 OTHER WORK 18
8 OWNER'S RESPONSIBILITIES .. .... ...... .... 19
9 ENGINEER'S STATUS DURING CONSTRUCTION 19
10 CHANGES IN THE WORK 21
11 CHANGE OF CONTRACT PRICE 21
12 CHANGE OF CONTRACT TIME • 24
13 WARRANTY AND GUARANTEE: TESTS AND
INSPECTIONS; CORRECTION. REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK 24
14 PAYMENTS TO CONTRACTOR AND COMPLETION 26
15 SUSPENSION OF WORK AND TERMINATION ... 29
16 ARBITRATION 31
17 MISCELLANEOUS 32
3
.4 mete 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
Amendment. Written 1. 3.1.1
Application for Payment - definition of I
Application for Payment. Final 14.12
Application for Progress Payment 14.2
Application for Progress Payment- review of .... 14 4 -14.7
Arbitration 16
Authonzed Variation in Work 9.5
Availability of Lands . 4.1
Award. Notice of- defined 1
Before Starting Construction ? -5 -?.7
Bid - definition of
Bonds and Insurance -in general 5
Bonds - definition of
Bonds. Delivery of 3.1. 5.1
Bonds. Performance and Other 5.1-5.2
Cash Allowances 11.8
Change Order - definition of 1
Change Orders -to be executed 10.4
Changes in the Work 10
Claims. Waiver of-on Final Payment 14.16
Clarifications and interpretations 9.4
Cleaning 6.17
Completion 14
Completion. Substantial 14.8 -14.9
Conference. Preconstruction 2.8
Conflict. Error. Discrepancy- Contractor
to Report 2.5. 3.3
Construction Machinery. Equipment. etc. 6.4
Continuing Work 6.29
Contract Documents - amending and
supplementing .... ..... . 3.4 -3.5
Contract Documents - definition of 1
Contract Documents - Intent 3.1-3.3
Contract Documents -Reuse of 3.6
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
Contractor - definition of
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 -Cost Plus ... 11.4.5.6. 11.5.1 11.6 -11.7
Contractor's Liability Insurance 5 3
Contractor's Responsibilities -in general 6
INDEX TO GENERAL CONDITIONS
4
Contractor's Warranty of Title 14.3
Contractors -other 7
Contractual Liability Insurance 5 4
Coordinating Contractor - definition of 7.4
Coordination „ 7 4
Copies of Documents
Correction or Removal of Defective Work .... ..... 13 11
Correction Period. One Year 13.12
Correction. Removal or Acceptance of Defective
Work -in general 13.11 -13.14
Cost -net decrease 11 6.2
Cost of Work ... 11.4 -11.5
Costs. Supplemental 11.4.5
Day - definition of 1
Defective - definition of 1
Defective Work. Acceptance of 13.13
Defecrn•e Work. Correction or Removal of .. .. 13.11
Defective Work -in general 13. 14.7. 14.11
Defective Work. Rejecting 9.6
Definitions 1
Delivery of Bonds 2.1
Determination for Unit Prices 9.10
Disputes. Decisions by Engineer ...... .... .... 9.11.9.12
Documents. Copies of 3 -?
Documents. Record ... 6.19
Documents. Reuse 3.6
Drawings - definition of 1
Easements ..... ... 4.1
Effective date of Agreement - definition of 1
Emergencies 6.7?
Engineer - definition of 1
Engineer's Decisions . 9.10-9 12
Engineer's- Notice Work k Acceptable 14.13
Engineer's Recommendation of Payment 14.4. 14.13
Engineer's Responsibilities. Limitations
on . 6.6.9.11.9.13 -9.16
Engineer's Status During Construction -in general .. .. 9
Equipment. Labor. Materials and 6.3 -6.6
Equivalent Materials and Equipment 6.7
Explorations of physical conditions 4
Fee. Contractor's -Costs Plus .... . 116
Field Order - definition of
Field Order - issued by Engineer 3. 5.1. 9.5
Final Application for Payment 14.12
Final Inspection 14.11
Final Payment and Acceptance 14.13
Final Payment. Recommendation of 14.13 -14.14
General Provisions 17.3-17.4
General Requirements - definition of
General Requirements - principal
references to '.6. 4.4. 6.4. 6.6-6.7, 6.23
1
1
1
1
1
1
1
1
•1
1
1
1
1
1
1
1
1
Giving Notice .. . 17.1
Guarantee of Work -by Contractor 13.1
Indemnification 6.30.6.32. 7.5
Inspection, Final 14.11
Inspection, Tests and 13.3
Insurance. Bonds and -in general 5
Insurance. Certificates of 2.7, 5
Insurance - completed operations 5.3
Insurance, Contractor's Liability 5.3
Insurance. Contractual Liability .. 5.4
Insurance, Owner's Liability .. 5.5
Insurance. Property 5.6 -5.13
Insurance- Waiver of Rights 5.11
Intent of Contract Documents 3.3, 9.14
Interpretations and Clarifications 9.4
Investigations of physical conditions 4.2
Labor. Materials and Equipment 6.3 -6.5
Laws and Regulations- definition of 1
Laws and Regulations - general 6.14
Liability Insurance- Contractor's 5.3
Liability Insurance - Owner's 5.5
Liens - definitions of 14.2
Limitations on Engineer's
Responsibilities 6.6. 9.11. 9.13.9.16
Materials and equipment- furnished by Contractor .... 6.3
Materials and equipment -not
incorporated in Work 14.2
Materials or equipment - equivalent 6.7
Miscellaneous Provisions 17
Multi -pnme contracts 7
Notice. Giving of 17.1
Notice of Acceptability of Project 14.13
Notice of Award - definition of . I
Notice to Proceed - definition of 1
Notice to Proceed - giving of .... 2.3
"Or- Equal" Items 6.7
Other contractors 7
Other work ........ 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 -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 9.3
Partial Utilization 14.10
Partial Utilization- definition of t
Partial Utilization- Property Insurance 5.15
Patent Fees and Royalties 6.12
Payments. Recommendation of 14.4-14.7. 14.13
Payments to Contractor -in general 14
5
Payments to Contractor -when due 14.4. 14.13
Payments to Contractor - withholding 14.7
Performance and other Bonds 5.1 -5.2
Permits 6.13
Physical Conditions . 4
Physical Conditions- Engineer's review 4.2.4
Physical Conditions - existing structures 4.2.2
Physical Conditions - explorations and reports 4.2.1
Physical Conditions - possible document change 4.2.5
Physical Conditions-once and time adjustments 4.2.5
Physical Conditions -report of diffenng 4.2.3
Physical Conditions- Underground Facilities 4.3
Preconstruction Conference 2.8
Preliminary Matters 7
Premises, Use of 6.16-6.18
Price, Change of Contract 11
Price - Contract - definition of 1
Progress Payment. Applications for 14 2
Progress Payment - retainage 14.2
Progress schedule 2.6. 2.9, 6.6. 6.29, 15.2.6
Project -- definition of 1
Project Representation- provision for 9.3
Project Representative, Resident - definition of 1-
Project. Starting the 2.4
Property Insurance 5.6 -5.13
Property Insurance - Partial Utilization . 5.15
Property Insurance - Receipt and Application
of Proceeds 5.12 -5.13
Protection. Safety and 6.20 -6.21
Punch list 14.11
Recommendation of Payment 14.4. 14.13
Record Documents 6.19
Reference Points 4.4
Regulations. Lau` and 6.14
Rejecting Defective Work 9.6
Related Work at Site 7.1 -7.3
Remedies Not Exclusive 17.4
Removal or Correction of DeJectri a Work 13.11
Resident Project Representative-definition of
Resident Project Representative- provision for 9 3
Responsibilities. Contractor's -in general 6
Responsibilities. Engineer's -in general 9
Responsibilities. Owner's -in general 8
Retainage 14.2
Reuse of Documents 3.5
Rights of Way 4.1
Royalties. Patent Fees and 6.12
Safety and Protection 6.20 -6.21
Samples 6.23 -6.28
Schedule of progress ... .... 2.6. 2.8 -2.9. 6.6. 6.29. 15.2.6
Schedule of Shop Drawing
submissions 2.6. 2.8.2.9, 6.23. 14.1
Schedule of values 2.6, 2.8 -2.9. 14.1
Schedules. Finalizing 2.9
Shop Drawings and Samples 6.23-6.28
Shop Drawings - definition of
Shop Drawings. use to approve
substitutions 6.7.3
Site. Visits to-by Engineer ..... . .. ............... 9.2
Specifications- definition of I
Starting Construction. Before 2.5.2.8
Starting the Project 2.4
Stopping Work -by Contractor 15.5
Stopping Work -by Owner 13.10
Subcontractor - definition of I
Subcontractors -in general .... .... .......... .. 6.8.6 11
Subcontracts - required provisions ... 5.11.1. 6.11
11.4.3
Substantial Completion - certification of 14.8
Substantial Completion -- definition of 1
Substitute or "Or- Equal" Items 6.7
Subsurface Conditions 4.2-4.3
Supplemental costs 11.4.5
Supplementary Conditions -definition of I
Supplementary Conditions- pnnctpal
references to .. 2.2. 4.2. 5.1. 5.3. 5.6.5.8,6.3.6.13,6.
7.4.9.3
Supplementing Contract Documents 3.4-3.5
Supplier - definition of 1
Supplier- pnnclpal references to ... 3.6. 6.5. 6.7 -6.9. 6.20.
6.24.9.13.9.16. 11 8. 13.4. 14.12
Surety - consent to payment 14.12. 14.14
Surety - Engineer has no duty to 9.13
Surety - notice to 10.1, 10.5. 15.2
Surety - qualification of 5.1-5.2
Suspending Work. by Owner 15.1
Suspension of Work and Termination -in general 15
Supenntendent- Contractor's 6.2
Supervision and Superintendence 6.1-6.2
Taxes - Payment by Contractor 6.15
Termination -by Contractor 15.5
Termination -by Owner 15.2 -15.4
Termination. Suspension of Work and -in general 13.3-13.7
Tests and Inspections
Time. Change of Contract 12
Time. Computation of 17.2
Time. Contract - definition of 1
6
13 8 -13.9
4.3.2
4 3. 6.20
4.3.1
1
14.1. 14.5
11.3.1
9.10
6.16 -6.18
6.13. 6.20. 7.2 -7.3
Uncovenng Work
Underground Facilities - definition of
Underground Facilities -not shown or indicated
Underground Facilities - protection of
Underground Facilities -shown or indicated
Unit Price Work - definition of
Unit Pnce Work - general 11.9.
Unit Prices
Unit Prices. Determinations for
Use of Premises
Utility owners
Values. Schedule of 2.6. 14.1
Variations in Work - Authorized 6.25. 6.27. 9.5
Visits to Site -by Engineer 9 .''
Waiver of Claims --on Final Payment 14.16
Waiver of Rights by insured parties s 10. 6.11
Warranty and Guarantee -by Contractor ... .. 13.1
Warranty of Title, Contractor's 14.3
Work, Access to 13.7
Work -by others 7
Work Continuing During Disputes 6.29
Work. Cost of 11.4 -11.5
Work - definition of 1
Work Directive Change -definition of .......... ... 1
Work Directive Change - principal
references to 3.4.3. 10.1-10.2
Work, Neglected by Contractor 13.14
Work. Stopping by Contractor 15.5
Work. Stopping by Owner 15.1 -15.4
Wntten Amendment - definition of 1
Written Amendment - principal
references to 3.4.1. 10.1. 11.2. 12.1
I
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
GENERAL CONDITIONS
ARTICLE 1— DEFINITIONS
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 Jor Payment —The form accepted by ENGI-
NEER which is to be used by CONTRACTOR in requesting
progress or final payments and which is to include such sup-
porting 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 — document recommended by ENGINEER.
which is signed by CONTRACTOR and OWNER and autho-
nzes 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 per-
tain to the Contract Documents). CONTRACTOR's Bid
(including documentation accompanying the Bid and any post -
Bid documentation submitted pnor 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 spe-
cifically identified in the Agreement, together with all amend-
ments. 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 CON-
TRACTOR 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.
CONTRACTOR —The person, firm or corporation with whom
OWNER has entered into the Agreement.
7
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 protection thereof
has been assumed by OWNER at Substantial Completion in
accordance 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 Con-
tract 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 para-
graph 9.5 but which does not involve a change in the Contract
Pnce or the Contract Time.
General Requirements — Sections of Division 1 of the Speci-
fications.
Laws and Regulations: Laws or Regulations —Laws, rules.
regulations, ordinances, codes and/or orders.
, Votice 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 CONTRAC-
TOR'S obligations under the Contract Documents.
OWNER —The public body or authority. corporation. asso-
ciation, firm or person with whom CONTRACTOR has entered
into the Agreement and for whom the Work is to be provided.
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 represen-
tative 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. perfor-
mance 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 wntten technical descriptions of materials.
ship as applied to the Work and certain adm n st and
t ve is
applicable thereto.
Subcontractor —An individual. firm or corporation having a
direct cntract with CONTRACTOR or % contactor for the performance of l
part of the Wor at the
site.
Substantial Completion —The Work (ora specified part thereof)
has progressed to the point where. m the opinion of ENGI-
NEER as evidenced by ENGINEER'S definitive certificate
of Substantial Completion. it is sufficiently complete. to
accordance with the Contract Documents. so that the Work
tor 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 "as applied to complete any ork refer to –substantially com-
pleted" as aplid to y
tion thereof.
Supplementary Conditions —The part of the Contract Docu-
ments which amends or supplements these General Condi-
tions.
Supplier —A manufacturer. fabncator, supplier. distributor.
materialman or vendor.
Underground Facilities —All pipelines. conduits. ducts. cables.
wires. manholes. vaults. tanks. tunnels or other such facilities
or attachments. and any encasements containing such facil-
ities which have been installed underground to furmsh any steam.
t he following services or materials: electricity. gases.
liquid petroleum products. telephone or other communica-
tions. cable television. sewage and drainage removal. traffic
or other control systems or water.
Unit Price Work —Work to be paid for on the basis of unit
prices.
Work —The entire completed construction or the various sep-
arately identifiable parts thereof required to be furnished
under the Contract Documents. Work is the result of per-
forming services. furnishing labor and furnishing and incor-
porating materials and equipment into the construction. all
as required by the Contract Documents.
Work Directive Change —A written directive to CONTRAC-
and s Effective
igned by OWNER ndrecommennded by ENGINEER.
an addition. deletion or revision in the Work. or
responding to dtffenng 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 Pnce or the
Contract Time. but is evidence that the parties 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 Contact Price or Contract Time as provided in
paragraph 10.2.
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 deal-
ing with the nonengineenng or nontechnical rather than stnctly
Work - related aspects of the Contract Documents.
ARTICLE 2—PRELIMINARY MATTERS
Delivery of Bonds:
I.I. When CONTRACTOR delivers the executed Agree -
ments'to OWNER. CONTRACTOR shall also deliver to
OWNER such Bonds as CONTRACTOR may he required to
furnish in accordance with paragraph 5.1.
Copies of Documents:
2.2. OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary Con-
ditions) of the Contact Documents as are reasonably nec-
essary for the execution of the Work. Additional copies will
be furnished. upon request. at the cost of reproduction.
Commencement 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 Agree-
ment. In no event will the Contract Time commence to run
later than the seventy -fifth day after the day of Bid opening
or the thirtieth day after the Effective Date of the Agreement.
whichever date is earlier.
8
Starting the Project:
2.4. CONTRACTOR shall start to perform the Work on
the date when the Work Contract commences k shall be done at thesi a prior o he date on which the
Contact Time commences to run.
Before Starting Construction:
2.5. Before undertaking each part of the Work. CON -
TRACTOR
Documents and check carefully pertinent figures shown
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thereon and all applicable field measurements. CONTRAC-
TOR shall promptly report in writing to ENGINEER any
conflict. error or discrepancy which CONTRACTOR may
discover and shall obtain a written interpretation or clarifi-
cation from ENGINEER before proceeding with any Work
affected thereby: however. CONTRACTOR shall not be lia-
ble 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.
26. Within ten days after the Effective Date of the Agree-
ment (unless otherwise specified in the General Require-
ments). CONTRACTOR shall submit to ENGINEER for
review:
2 6.1. an estimated progress schedule indicating the
starting and completion dates of the vanous stages of the
Work:
2.6.2. a preliminary schedule of Shop Drawing sub-
missions. 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 con-
firmed in writing by CONTRACTOR at the ttme of sub-
mission.
2.7. Before any Work at the site is started. CONTRAC-
TOR shall deliver to OWNER. with a copy to ENGINEER.
certificates land 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 land
other evidence of insurance requested by CONTRACTOR)
which OWNER is required to purchase and maintain in
accordance with paragraphs 5.6 and 5.7.
Preconsn.uction 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. ENGI-
NEER and others as appropnate 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 Appli-
cation for Payment a conference attended by CONTRAC-
TOR. ENGINEER and others as appropriate will be held to
finalize the schedules submitted in accordance with para-
9
graph 2.6. The finalized progress schedule will be acceptable
to ENGINEER 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 reliese CON-
TRACTOR from full responsibility therefor, The finalized
schedule of Shop Drawing submissions will be acceptable to
ENGINEER as providing a workable arrangement for pro-
cessing the submissions. The finalized schedule of salues will
be acceptable to ENGINEER as to form and substance.
ARTICLE 3— CONTRACT DOCUMENTS: INTENT.
AMENDING. REUSE
Intent:
3. I. The Contract Documents comprise the entire agree-
ment between OWNER and CONTRACTOR concerning the
Work. The Contract Documents are complementary: w hat 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 con-
structed 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 descnbe Work. materials or
equipment such w ords 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 spectfic or by implicatton. shall
mean the latest standard specification. manual. code or Laws
or Regulations in effect at the time of opening of Bids tor. on
the Effective Date of the .Agreement if there were no Bids).
except as may be otherwise specifically stated Howeser. no
provision of any referenced standard specification. manual
or code (whether or not specifically incorporated by reference
in the Contract Documents) shall be elective to change the
duties and responsibilities of OWNER. CONTRACTOR or
ENGINEER, or any of their consultants, agents or employ-
ees from those set forth in the Contract Documents. nor shall
it be effective to assign to ENGINEER. or any of ENGI-
NEER'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 responsi-
bility 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. CONTRAC-
TOR finds a conflict. error or discrepancy in the Contract
Documents. CONTRACTOR shall so report to ENGINEER
rn writing at once and before proceeding with the Work affected
thereby shall obtain a wntten interpretation or clanfication
be
Iifrom however. CONTRACT shall able OWNER or ENGINEER for fa lureRo report t any
disc conflict. error or 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 pro-
vide 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 W ntten Amendment.
3.4.2. a Change Order (pursuant to paragraph 10.4).
3 a Work Directive Change (pursuant to para-
graph 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 Docu-
ments may be supplemented. and minor variations and devia-
tions 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. sample (pursuant q to paragraphs 6'226 of a and 6.71 Drawing or
3.5.3. ENGINEER'S written interpretation or clarifi-
cation (pursuant to paragraph 9.4).
or
Reuse of Documents:
3.6. Nenher CONTRACTOR nor any Subcontractor or
Supplier or other person or organization performing or fur-
nishing 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 docu-
ments for 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 without written
consent of OWNER and ENGINEER and specific written
verification or adaptation by ENGINEER.
ARTICLE 4— AVAILABILITY OF LANDS: PHYSICAL
CONDITIONS: REFERENCE POINTS
Availability of Lands:
4.1. OWNER shall furnish. as indicated in the Contact
Documents, the lands upon which the Work is to be per-
formed, rights -of-way and easements for access thereto. and
such other lands which are designated for the use of CON-
TRACTOR. Easements for permanent structures or perma-
nent 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 ease-
ments entitles CONTRACTOR to an extension of the Con-
tract Time. CONTRACTOR may make a claim therefor 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 matenals 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 prep-
aration of the Contact Documents. CONTRACTOR may
rely upon the accuracy of the technical data contained in
such reports. but not upon nontechnical data. interpreta-
tions or opinions contained therein or for the completeness
thereof for CONTRACTOR'S purposes. Except as indi-
cated 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.
4.2.2. Eristine 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
Facilities referred to in paragraph 4.3) which are at or
contiguous to the site that have been utilized by ENGI-
NEER in preparation of the Contract Documents. CON-
TRACTOR may rely upon the accuracy of the technical
data contained in such drawings. but not for the complete-
ness thereof for CONTRACTOR'S purposes. Except as
indicated in the immediately preceding sentence and in
paragraph 4.2 6. CONTRACTOR shall full or relating
sibility with respect to physical
to such structures.
4.2.3. Report of Differing Conduions. If CONTRAC
TOR believes that:
4.2.3.1. any technical data on which CONTRAC-
TOR is entitled to rely as provided in paragraphs 4.2.1
and 4.2.2 is inaccurate. or
4.2.3.2. any physical condition uncovered or
revealed at the site differs matenally from that indi-
cated. reflected or referred to in the Contact Docu-
ments,
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CONTRACTOR shall. promptly after be in iin gna tare
thereof and before performing any Work
therewith (except in an emergency as permitted by para-
graph 6.22). notify OWNER and ENGINEER in writing
about the tnaccuracy or difference.
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4 2 4 E,VGINEER'r 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 acopy
to CONTRACTOR) of ENGINEER's findings and con-
clusions.
4.2.5. Rorrthle Document Change: If ENGINEER
concludes that there is a material error in the Contract
Documents or that because of newly discovered condi-
tions 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 Pnce
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.
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 Facil-
ities or by others. Unless it is otherwise expressly pro-
vided in the Supplementary 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 responsi-
bility for reviewing and checking all such information
and data. for locating all Underground Facilities shown
or indicated in the Contract Documents. for coordina-
tion of the Work with the owners of such Underground
Facilities during construction. for the safety and pro-
tection 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 Pnce.
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 reason-
ably have been expected to be aware of. CONTRACTOR
shall. promptly after becoming aware thereof and before
performing any Work affected thereby (except in an emer-
gency as permitted by paragraph 6.22), identify the owner
of such Underground Facility and give written nonce thereof
to that owner and to OWNER and ENGINEER. ENGI-
NEER will promptly review the Underground Facility to
11
determine the extent to which the Contract Documents
should be modified to reflect and document the conse-
quences of the existence of the Underground Facility. and
the Contract Documents will be amended or supplemented
to the extent necessary. During such time. CONTRAC-
TOR 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 Con-
tract Price or an extension of the Contract Time. or both.
to the extent that they are attnbutable 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.
lithe 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 estab-
lish reference points for construction which in ENG I N E E R's
judgment are necessary to enable CONTRACTOR to proceed
with the Work. CONTRACTOR shall be responsible for lay-
ing 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. CONTRAC-
TOR 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 respon-
sible for the accurate replacement or relocation of such ref-
erence points by professionally qualified personnel.
ARTICLE 5 —BONDS AND INSURANCE
Performance and Other Bonds:
5.1. CONTRACTOR shall furnish performance and pay-
ment 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 Docu-
ments. 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 Con-
tract Documents CONTRACTOR shall also furnish such
other Bonds as .,re required by the Supplementary Condi-
tions. 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 "Com-
panies Holding Certificates of Authority as Acceptable Sure-
ties on Federal Bonds and as Acceptable Reinsuring Com-
panies" 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 CONTRAC-
TOR is declared a bankrupt or becomes insolvent or its nght
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 oth insurance
furnished and
appropnate for the Work being performed and
as will provide protection from claims set forth below which
may arise out of or result from CONTRACTOR'S perfor-
mance 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 any of the Work. or by
anyone for whose acts any of them may be liable:
5.3.1. Claims under workers' or workmen's compen-
sation. disability benefits and other similar employee ben-
efit acts:
5.3.2. Claims for damages because of bodily injury.
occupational sickness or disease. or death of CONTRAC-
TOR'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 tai by any person
as a result of an offense directly or indirectly related to
the employment of such person by CONTRACTOR. or
lbl 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 prop-
erty wherever located. including loss of use resulting
therefrom:
5.3.6. Claims arising out of operation of Laws or Reg-
ulations 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 wntten for not less than the
limits of liability and coverages provided in the Supplemen-
tary Conditions. or required by law. whichever is greater.
The comprehensive general liability insurance shall include
completed operations insurance. All of the polictes of insur-
ance so required to be purchased and maintained (or the
certificates or other evidence thereot) shall contain a provi-
sion 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 mad. 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 paragraph 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 obligations under paragraphs
6.30 and 6.31.
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 insur-
ance 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 pro-
vided in the Supplementary Conditions or required by Laws
and Regulations). This insurance shall include the interests
of OWN ER. CONTRACTOR. Subcontractors. ENGINEER.
and ENGIN EER's consultants in the Work. all of whom shall
be listed as insureds or additional insured parties. shall insure
against the perils of lire 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 pros ided
in the Supplementary Conditions. and shall include damages.
losses and expenses ammg out of or resulting from any insured
loss or incurred in the repair or replacement of any insured
property (including but not limned to fees and charges of
engineers. architects. attorneys and other professionals). If
not covered under the "all risk" insurance or otherwise pro-
vided 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 Conditions 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.
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5.8. All the policies of insurance tor the certificates or
other evidence thereof) required to be purchased and main-
tained 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 wntten notice has been
given to CONTRACTOR by cenified mail and will contain
waiver provisions in accordance with paragraph 5.11.2.
5.9. OWNER shall not be responsible for purchasing and
maintaining any property Insurance to protect [he 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. Sub -
contractor or others suffering any such loss and if any of them
wishes property insurance coverage within the limits of such
amounts. each may purchase and maintain it at the purchas-
er's own expense.
5.10. If CONTRACTOR requests in writing that other
special insurance be included in the property insurance pol-
icy. OWNER shall. if possible. include such insurance. and
the cost thereof will be charged to CONTRACTOR by appro-
priate Change Order or Written Amendment. Prior to com-
mencement 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. ENGI-
NEER. 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 subcon-
tract between CONTRACTOR and a Subcontractor will
contain similar waiver provisions by the Subcontractor in
favor of OWNER. CONTRACTOR. ENGINEER. ENGI-
NEER's consultants and all otherparttes 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 pay-
able under any policy so issued.
5.11.2. OWNER and CONTRACTOR intend that any
policies provided in response to paragraphs 5.6 and 5.7
shall protect all of the parties insured and provide primary
coverage for all losses and damages caused by the penis
covered thereby. Accordingly. all such policies shall con-
tain 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
13
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 paragraphs 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 require-
ments of any applicable mortgage clause and of paragraph
5.13. OWNER shall deposit in a separate account any money
so received. and shall distnbute it in accordance with such
agreement as the parties in interest may reach. If no other
special agreement 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 appropnate 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
interest 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 set-
tlement 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 per-
formance of such duties.
Acceptance of Insurance:
5.14. If OWN ER has any objection to the coverage afforded
by or other provisions of the Insurance required to be pur-
chased and maintained by CONTRACTOR in accordance
with paragraphs 5.3 and 5.4 on the basis of its not complying
w ith the Contract Documents. OWNER shall notify CON-
TRACTOR in writing thereof within ten days of the date of
delivery of such certtficates 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. CON-
TRACTOR shall notify OWNER in writing thereof within ten
days of the date of delivery of such certificates to CON-
TRACTOR in accordance with paragraph 2.7. OWNER and
CONTRACTOR shall each provide to the other such addi-
tional 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 insur-
ance 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 Comple-
tion of all the Work. such use or occupancy may be accom-
plished 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 neces-
sitated thereby. The insurers providing the property insur-
ance 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.
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 Doc-
uments. CONTRACTOR shall be solely responsible for the
means. methods. techniques. sequences and procedures of
construction. but CONTRACTOR shall not be responsible
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
superintendent will be CONTRACTOR's representative at
the site and shall have authority to act on behalf of CON-
TRACTOR. 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 per-
form 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 Sat-
urday. Sunday or any legal holiday without OWN ER's writ-
ten consent given after prior written notice to ENGINEER.
6.4. Unless otherwise specified in the General Require-
ments. CONTRACTOR shall furnish and assume full respon-
sibility 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.
14
6.5. All materials and equipment shall be of good quality
and new. except as otherwise provided in the Contract Doc-
uments. If required by ENGINEER. CONTRACTOR 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. con-
nected. erected. used. cleaned and conditioned in accordance
with the instructions of the applicable Supplier except as
otherwise provided in the Contract Documents: but no pro-
vision of any such instructions will be effective to assign to
ENGIN EER. 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 author-
ity 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) adjust-
ments 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 Equal" Items:
6.7.1. Whenever materials or equipment are specified
or described in the Contract Documents by using the name
of a propnetary 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 ENGINEER to determine that
the material or equipment proposed is equivalent 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
material and equipment will not be accepted by ENGI-
NEER from anyone other than CONTRACTOR. If CON-
TRACTOR wishes to furnish or use a substitute item of
material or equipment. CONTRACTOR shall make writ-
ten application to ENGINEER for acceptance thereof.
certifying that the proposed substitute will perform ade-
quately 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 spec-
ified. The application will state that the evaluation and
acceptance of the proposed substitute will not prejudice
CONTRACTOR's achievement of Substantial Comple-
tion on time. whether or not acceptance of the substitute
for use in the Work will require a change in any of the
Contract Documents for 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
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royalty. All variations of the proposed substitute from that
specified will be identified in the application and available
maintenance. repair and replacement service will be indi-
cated. The application will also contain an itemized esti-
mate of all costs that will result directly or indirectly from
acceptance of such 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 ENGINEER.
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 orovided in paragraph 6.7 I as applied
by ENGINEER and as may be supplemented in the Gen-
eral Requirements.
6.7.3. ENGINEER will be allowed a reasonable time
within which to evaluate each proposed substitute. ENGI-
NEER will be the sole judge of acceptability, and no
substitute will be ordered. installed or utilized without
ENGINEER'S poor written acceptance which will be evi-
denced by either a Change Order or an approved Shop
Drawing. OWNER may require CONTRACTOR to fur-
nish at CONTRACTOR'S expense a special performance
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. CON-
TRACTOR shall reimburse OWNER for the charges of
ENGINEER and ENGINEER'S consultants for evaluat-
ing each proposed substitute.
Concerning Subcontractors, Suppliers and Others:
6.8.1. CONTRACTOR shall not employ any Subcon-
tractor. Supplier or other person or organization (including
those acceptable to OWNER and ENGINEER as indi-
cated in paragraph 6.8.2). whether initially or as a substi-
tute. against whom OWNER or ENGINEER may have
reasonable objection. CONTRACTOR shall not be required
to employ any Subcontractor. 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 Subcontractors. Suppliers or other per-
sons or organizations )including those who are to furnish
the principal items of materials and equipment) to be sub-
mitted to OWNER in advance of the specified date prior
to the Effective Date of the Agreement for acceptance by
15
OWNER and ENGINEER and if CONTRACTOR has
submitted a list thereof in accordance with the Supple-
mentary Conditions.OWNER's or ENGINEER's accept-
ance (either in writing or by failing to make written objec-
tion thereto by the date indicated for acceptance or objec-
tion in the bidding documents or the Contract Documents)
of any such Subcontractor. Supplier or other person or
organization so 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 right of OWNER or ENGI-
NEER to reject defeern a Work.
6.9. CONTRACTOR shall be fully responsible to OWNER
and ENGINEER for all acts and omissions of the Subcon-
tractors. Suppliers and other persons and organizations per-
forming or furnishing any of the Work under a direct or
indirect contract with CONTRACTOR just as CONTRAC-
TOR is responsible for CONTRACTOR'S ow n acts and omis-
sions. 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 pan of
OWNER or ENGINEER to pay or to see to the payment of
any moneys due ans 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 CON-
TRACTOR in dividing the Work among Subcontractors or
Suppliers or delineating the Work to be performed by any
specific trade.
6.11. All Work performed for CONTRACTOR by a Sub-
contractor will be pursuant to an appropriate agreement
between CONTRACTOR and the Subcontractor which spe-
cifically 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 CONTRACTOR on account of losses under pol-
icies issued pursuant to paragraphs 5.6 and 5.7.
Patent Fees and Royalties:
6.12. CONTRACTOR shall pay all license fees and roy-
alties and assume all costs incident to the use in the perfor-
mance 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 copynghts held by others. If a
particular invention. design. process. product or device is
specified in the Contract Documents for use in the perfor-
mance of the Work and if to the actual knowledge of OWNER
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or ENGINEER its use is subject to patent rights or copynghts
calling for the payment of any license fee or royalty to others.
the existence of such nghts 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
attorneys' 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
incorporatton 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. CONTRACTOR shall obtain and pay for all con-
struction permits and licenses. OWNER shall assist CON-
TRACTOR, 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 time of opening of Bids. or if there
are no Bids on the Effective Date of the Agreement. CON-
TRACTOR shall pay all charges of utility owners for con-
nections w 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 fur-
nishing and performance of the Work. Except where oth-
erwise expressly required by applicable Laws and Regu-
lations. neither OWNER nor ENGINEER shall be respon-
sible for monitoring CONTRACTOR'S compliance with
any Laws or Regulations.
6.14.2. If CONTRACTOR observes that the Specifi-
cations or Drawings are at variance with any Laws or
Regulations. CONTRACTOR shall give ENGINEER
prompt written notice thereof. 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 pri-
mary responsibility to make certain that the Specifications
and Drawings are in accordance with such Laws and
Regulations.
Taxes:
6.15. CONTRACTOR shall pay all sales. consumer. use
and other similar taxes required to be paid by CONTRAC-
TOR in accordance with the Laws and Regulations of the
place of the Project which are applicable during the perfor-
mance of the Work.
Use of Premises:
6.16. CONTRACTOR shall confine construction equip-
ment. the storage of materials and equipment and the oper-
ations of workers to the Project site and land and areas iden-
tified in and permitted by the Contract Documents and other
land and areas permitted by Laws and Regulations. nghts-
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 contig-
uous 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 equi-
table. 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 debns from and about the
premises as well as all tools, appliances. construction equip-
ment and machinery. and surplus materials. and shall leave
the site clean and ready for occupancy by OWNER. CON-
TRACTOR 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 n.
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Record Documents:
6.19. CONTRACTOR shall maintain in a safe place at
the site one record copy of all Drawings. Specifications.
Addenda. Written Amendments. Change Orders. Work
Directive Changes. Field Orders and written interpretations
and clarifications (issued pursuant to paragraph 9.41 in good
order and annotated to show all changes made during con-
struction. These record documents together with all approved
samples and a counterpart of all approved Shop Drawings
will be available to ENGINEER for reference. Upon com-
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pletion 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 pro-
grams 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 matenals 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. road-
ways. 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 pro-
tection. removal. relocation and replacement of their prop-
erty. 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 indi-
rectly employed by any of them to perform or furnish any of
the Work or any one 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 attnbutable, directly or indi-
rectly. in whole or in part. to the fault or negligence of CON-
TRACTOR). CONTRACTOR'S duties and responsibilities
for the safety and protection of the Work shall continue until
such time as all the Work is completed and ENGINEER has
issued a notice to OWNER and CONTRACTOR in accord-
ance with paragraph 14.13 that the Work is acceptable (except
as otherwise expressly provided in connection with Substan-
tial Completion).
6.21. CONTRACTOR shall designate a responsible rep-
resentative at the site whose duty shall be the prevention of
accidents. This person shall be CONTRACTOR'S superin-
tendent unless otherwise designated in writing by CON-
TRACTOR to OWNER.
17
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 wntten notice if CONTRACTOR believes
that any significant changes in the Work or variations from
the Contract Documents have been caused thereby If ENGI-
NEER 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 w ith the
accepted schedule of Shop Drawing submissions (see para-
graph 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 CONTRACTOR'S responsi-
bilities 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, dimen-
sions. specified performance and design cnteria. matenals
and similar data to enable ENGINEER to review the infor-
mation 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 Doc-
uments. All samples will have been checked by and accom-
panied by a specific wntten indication that CONTRACTOR
has satisfied CONTRACTOR'S responsibilities under the
Contract Documents with respect to the review of the sub-
mission and will be identified clearly as to material. Supplier.
pertinent data such as catalog numbers and the use for which
intended.
6.25.1. Before submission of each Shop Drawing or
sample CONTRACTOR shall have determined and veri-
fied all quantities. dimensions. specified performance cri-
teria. installation requirements, materials, catalog num-
bers 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. CONTRAC-
TOR shall give ENGINEER specific wntten notice of each
vanation 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 reason-
able promptness Shop Drawings and samples. but ENGI-
NEER'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, methbds. 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. CON-
TRACTOR 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 witting to revisions other than the corrections called for
by ENGINEER on previous submittals.
6.27. ENGINEER'S review and approval of Shop Draw-
ings 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 vanation at the
time of submission as required by paragraph 6.25.2 and
ENGINEER has given written approval of each such varia-
tion 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 Draw-
ings or from responsibility for having complied with the pro-
visions of paragraph 6.25.1.
6.28. Where a Shop Drawing or sample is required by the
Specifications. any related Work performed prior to ENGI-
NEER'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 delayed or postponed pend-
ing 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 Regu-
lations CONTRACTOR shall indemnify and hold harmless
OWNER and ENGINEER and their consultants. 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) aris-
ing out of or resulting from the performance of the Work.
provided that any such claim. damage. loss or expense lal 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
lb) 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 Law and Regulations regardless of the
negligence of any such party.
6.31. In any and all claims against OWNER or ENGI-
NEER or any of their consultants, agents or employees by
any employee 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. 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 workmen's compensation acts. disability
benefit acts or other employee benefit acts.
6.32. The obligations of CONTRACTOR under para-
graph 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 or specifications.
ARTICLE 7 —OTHER WORK
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elated Work at Site:
7.1. OWNER may perform other work related to the Proj-
ct at the site by OWNER'S own forces. have other work
performed by utility owners or let other direct contracts therefor
w hich shall contain General Conditions similar to these. If
he fact that such other work is to be performed was not noted
n the Contract Documents. written notice thereof will be
given to CONTRACTOR prior to starting any such other
work: and. if CONTRACTOR believes that such perfor-
mance 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. CON-
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TRACTOR 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
responsibilities 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 contractors.
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 for 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 integra-
tion 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 perfor-
mance 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 con-
tractors 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 author-
ity 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 CON-
TRACTOR through ENGINEER.
8.2. In case of termination of the employment of ENGI-
NEER. OWNER shall appoint an engineer against whom
CONTRACTOR makes no reasonable objection. whose sta-
tus under the Contract Documents shall be that of the former
ENGINEER. Any dispute in connection with such appoint-
ment shall be subject to arbitration.
8.3. OWNER shall furnish the data required of OWNER
under the Contract Documents promptly and shall make pay-
ments 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 paragraphs 4.1 and 4.4. Para-
graph 4.2 refers to OWNER's identifying and making avail-
able to CONTRACTOR copies of reports of explorations and
tests of subsurface conditions at the site and in existing struc-
19
tures 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 paragraph 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 b.1. Paragraph 15.2
deals with OWNER's right to terminate services of CON-
TRACTOR under certain circumstances.
ARTICLE 9— ENGINEER'S STATUS DURING
CONSTRUCTION
Owner's Representative:
9.1. ENGINEER will be OWNER's representative dur-
ing 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 Con-
tract Documents and shall not be extended without wntten
consent of OWNER and ENGINEER.
Visits to Site:
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 deter-
mine. in general, if the Work is proceeding in accordance
with the Contract Documents. ENGINEER will not be required
to make exhaustive or 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 profes-
sional. ENGINEER will keep OWNER informed of the prog-
ress 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
as 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 limitations of authority of such other
person will be as provided in the Supplementary Conditions.
Clanficanons and Interpretations: to ENGINEER written notice of intention to appeal from
such a decision.
9.4 ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the require-
ments of the Contract Documents fin 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 interpretation 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 I I or Article 12.
Authorized Variations in Work:
9.5. ENGINEER may authonze 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 dejet ore. and
will also have authority to require special 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 Applications 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 CON-
TRACTOR. ENGINEER will review with CONTRACTOR
ENGINEER's preliminary determinations on such matters
before rendering a wntten decision thereon (by recommen-
dation of an Application for Payment or otherwise). ENGI-
NEER'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 CON-
TRACTOR delivers to the other party to the Agreement and
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 wnting 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 ENGIN EER 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 par-
tiality to OWNER or CONTRACTOR and will not be liable
in connection with any interpretation or decision rendered in
good faith in such rapacity. The rendering of a decision by
ENGINEER pursuant to paragraphs 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 pay-
ment 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.
20
Limitations on E.V'G1.VEER'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 ENGIN EER in good faith either to exercise
or not exercise such authority shall give rise to any duty or
responsibility of ENGINEER to CONTRACTOR. any Sub-
contractor. 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 Docu-
ments (unless there is a specific statement indicating other-
wise). The use of any such term or adjective shall not be
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effective to assign to ENGINEER any duty or authority to
supervise or direct the furnishing or performance of the Work
or any duty or authonty to undertake responsibility contrary
to the provisions of paragraph 9.15 or 9.16.
9.15. ENGINEER will not be responsible for CON -
TRACTOR's means. methods. techniques. sequences orpro-
cedures of construction. or the safety precautions and pro-
grams incident thereto. and ENGINEER will not be respon-
sible for CONTRACTOR'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 CONTRACTOR 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. ora Work Directive Change. Upon receipt of any such
document, CONTRACTOR shall promptly proceed with the
Work involved which will be 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 12.
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 supple-
mented 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 uncovenng Work as provided in para-
graph 13.9.
10.4. OWNER and CONTRACTOR shall execute appro-
pnate Change Orders for Written Amendments) covenng:
10.4.1. changes in the Work which are ordered by
OWNER pursuant to paragraph 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
21
10.4.3. changes to the Contract Price or Contract Time
which embody the substance of any wntten decision ren-
dered 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 dunng any such appeal. CON-
TRACTOR shall carry on the Work and adhere to the prog-
ress 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 CONTRAC-
TOR's responsibility, and the amount of each applicable Bond
will be adjusted accordingly.
ARTICLE 1 I— CHANGE OF CONTRACT PRICE
I1.1. The Contract Pnce constitutes the total compen-
sation (subject w authorized adjustments) payable to CON-
TRACTOR for performing the Work. All duties, responsibil-
ities and obligations assigned to or undertaken by CON-
TRACTOR shall he 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 Pnce shall be based on wntten
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 nse 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 penod 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 con-
sequential) 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 accor-
dance with paragraph 9.11 if OWNER and CONTRACTOR
cannot otherwise agree on the amount involved. No claim
for an adjustment in the Contract Pnce 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 applica-
tion 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 paragraph 11.6.2.1).
11.3.3. On the basis of the Cost of the Work (deter-
mined as provided in paragraphs 11.4 and 11.5) plus a
CONTRACTOR's Fee for overhead and profit (deter-
mined 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 as otherwise
may be agreed to in wnting 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:
1 1.4.1. 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 employees not
employed full time on the Work shall be apportioned on
the basis of their time spent 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
secunty contributions. unemployment. excise and payroll
taxes. workers' or workmen's compensation. health and
retirement benefits, bonuses. sick leave. vacation and hol-
iday pay applicable thereto. Such employees shall include
superintendents and foremen at the site. The expenses of
performing Work after regular working hours. on Satur-
day. Sunday or legal holidays. shall be included in the
above to the extent authonzed by OWNER.
11.4.2. Cost of all materials and equipment furnished
and Incorporated in the Work, including costs of trans-
portation and storage thereof. and Suppliers' 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 determine. 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 CONTRAC-
TOR's Cost of the Work. All subcontracts shall be subject
22
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. sur-
veyors. attorneys and accountants) employed for sere ices
specifically related to the Work.
11.4.5. Supplemental costs including the following:
11.4.5.1. The proportion of necessary transporta-
tion. travel and subsistence expenses of CONTRAC-
TOR's employees incurred in discharge of duties con-
nected with the Work.
11.4.5.2. Cost. including transportation and main-
tenance. of all materials. supplies. equipment. machin-
ery. 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 accordance 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. machin-
ery 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 negli-
gence of CONTRACTOR. any Subcontractor or any-
one 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 land 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 accordance with paragraph 5.9). pro-
vided 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
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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.
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 CON-
TRACTOR'S officers. executives. principals (of partner-
ship and sole proprietorships). general managers. engi-
neers. architects, estimators. attorneys. auditors. accoun-
tants. purchasing and contracting agents. expeditors,
timekeepers. clerks and other personnel employed by
CONTRACTOR whether at the site or in CONTRAC-
TOR's principal or a branch office for general administra-
tion of the Work and not specifically included in the agreed
upon schedule of job classifications referred to in para-
graph 1 1.4.1 ur specifically cos ered by paragraph 11.4.4 —
all of which are to be considered administrative costs
covered by the CONTRACTOR'S Fee.
11.5 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 sub-
paragraph 11.4.5.9 above).
11.5.5. Costs due to the negligence of CONTRAC-
TOR. 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 prop-
erty.
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.
23
CONTR,4CTOR's Fee:
11.6. The CONTRACTOR's Fee allowed to CONTRAC-
TOR 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 CONTRACTOR'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 CONTRACTOR 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 CONTRAC-
TOR's Fee h} 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 to CON-
TRACTOR'S Fee shall be computed on the basis of the
net change in accordance with paragraphs 11.6.2.1
throagh 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 ENGINEER an itemized cost
breakdown together with supporting data.
Cash Allowances:
11.8. It is understood that CONTRACTOR has included
m 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 ENGI-
NEER. CONTRACTOR agrees that:
11.8.1. The allowances include the cost to CON-
TRACTOR (less any applicable trade discounts) of mate-
rials and equipment required by the allowances to be deliv-
ered 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 appropnate 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 correspond-
ingly 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
Pnce 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 indi-
cated in the Agreement. The estimated quantittes of items
of Unit Pnce Work are not guaranteed and are solely for
the purpose of comparison of Bids and determining an
initial Contract Price. Determinations of the actual quan-
tities and classifications of Unit Price Work performed by
CONTRACTOR will be made by ENGINEER in accor-
dance with Paragraph 9.10.
11.9.2. Each unit price will be deemed to include an
amount considered by CONTRACTOR to be adequate to
coverCONTRACTOR's overhead and profit for each sep-
arately 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. CON-
TRACTOR may make a claim for an increase in the Con-
tract Pnce in accordance with Article 11 if the parties are
unable to agree as to the amount of any such increase.
ARTICLE 12— CHANGE OF CONTRACT TIME
l2. t. 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 wntten
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 nse to
the claim and stating the general nature of the claim. Notice
of the extent of the claim with supporting data shall be deliv-
ered within sixty days after such occurrence lunless ENGI-
NEER allows an additional period of time to ascertain more
accurate data in support of the claim) and shall be accom-
panied by the claimant's written statement that the adjust-
ment 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
24
shall be determined by ENGINEER in accordance with para-
graph 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 requirements
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 CON-
TRACTOR if a claim is made therefor as provided in para-
graph 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. eptdemtcs, 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:
13.1. CONTRACTOR warrants and guarantees to
OWNER and ENGINEER that all Work will be in accor-
dance with the Contract Documents and will not be defective.
Prompt notice of all defects shall be given to CONTRAC-
TOR. All defective Work. whether or not in place. may be
rejected. corrected or accepted as provided in this Article 13
Access to Work:
13.2. ENGINEER and ENGINEER's representatives.
other representatis es of OWNER. testing agencies and gov-
ernmental agencies w uhjunsdictional interests w dl 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
junsdiction require any Work (or pan thereon to specifically
be inspected. tested or approved. CONTRACTOR 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
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be responsible for and shall pay all costs in connection with
any inspection or testing required in connection with OWN -
ER's or ENGINEER'S acceptance ofa Supplier of matenals
or equipment proposed to be incorporated in the Work. or of
matenals or equipment submitted for approval pnor to CON-
TRACTOR'S purchase thereof for 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 organizations acceptable
to OWNER and CONTRACTOR for 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 ENGI-
NEER. be uncovered for observation. Such uncovering shall
be at CONTRACTOR'S expense unless CONTRACTOR has
given ENGINEER timely notice of CONTRACTOR'S inten-
tion to cover the same and ENGINEER has not acted with
reasonable promptness in response to such notice.
13.7. Neither observations by ENGINEER nor inspec-
tions. tests or approvals by others shall relieve CONTRAC-
TOR from CONTRACTOR'S obligations to perform the Work
in accordance with the Contract Documents.
Uncovering Work:
13.8. Ifany Work is covered contrary to the wntten request
of ENGINEER. it must. if requested by ENGINEER. be
uncovered for ENGINEER'S observation and replaced at
CONTRACTOR's expense.
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 uncoser. expose or otherwise make available
for observation. 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 consequential costs of such uncovering. expo-
sure. 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 II. If. however. such Work is not found to be
defecnre. 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
25
thereof. CONTRACTOR may make a claim therefor as pro-
vided in Articles 11 and 12.
Owner May Stop the Work:
13.10. If the Work is defec tire. or CONTRACTOR fads
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 profes-
sionals) 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 pre-
scribed by Laws or Regulations or by the terms of any appli-
cable 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 rejected by OWNER. remove it from the site
and replace it with nondelective Work. ff CONTRACTOR
does not promptly comply with the terms of such instructions,
or in an emergency where delay would cause serious nsk of
loss or damage. OWNER may have the defec ore Work cor-
rected 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 professionals) 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
penod 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 detect:1v Work. OWNER (and. pnor to
ENGINEER's recommendation of final payment. also
ENGINEER) prefers to accept it. OWNER may do so. CON-
TRACTOR shall bear all direct. indirect and consequential
costs attnbutable to OWN ER's evaluation of and determi-
nation 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. attor-
neys 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 revi-
sions 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 CON-
TRACTOR fails to comply with any other provision of the
Contract Documents. OWNER may. after seven days' wnt-
ten 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 CON -
TRACTOR'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 represen-
tatives. agents and employees such access to the site as may
be necessary to enable OWNER to exercise the rights and
remedies under this paragraph. All direct. indirect and con-
sequential costs of OWNER in exercising such rights and
remedies will be charged against CONTRACTOR in an amount
approved as to reasonableness by ENGINEER, and aChange
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 consequen-
tial 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 per-
formance of the Work attributable to the exercise by OWNER
of OWNER's rights and remedies hereunder.
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ARTICLE 14— PAYMENTS TO CONTRACTOR AND
COMPLETION
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 Pay-
ment acceptable to ENGINEER. Progress payments on
account of Unit Price Work will be based on the number of
units completed.
Application for Progress Payment:
14.2. At least twenty days before each progress payment
is scheduled (but not more often than once a month). CON-
TRACTOR shall submit to ENGINEER for review an Appli-
cation for Payment filled out 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 OWN ER's interest therein. all of which will be sat-
isfactory to OWNER. The amount of retainage with respect
to progress payments will be as stipulated in the Agreement.
CONTRACTOR's Warranty of Title:
14.3. CONTRACTOR warrants and guarantees that title
to all Work. materials and equipment covered by any Appli-
cation 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 indi-
cating in writing ENGINEER's reasons for refusing to rec-
ommend payment. In the latter case. CONTRACTOR may
make the necessary corrections and resubmit the Applica-
tion. Ten days after presentation of the Application for Pay-
ment with ENGINEER's recommendation. the amount rec-
ommended will (subject to the provisions 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 Application for Payment will constitute a
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representation by ENGINEER to OWNER. based on ENG1-
NEER's on -site observations of the Work in progress as an
experienced and qualified design professional and on ENGI-
NEER's review of the Application for Payment and the
accompanying data and schedules that the Work has pro-
gressed to the point indicated: that. to the best of ENGI-
NEER'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
Pnce Work under paragraph 9.10. and to any other qualifi-
cations stated in the recommendation): and that CONTRAC-
TOR is entitled to payment of the amount recommended.
However. by recommending any such payment ENGINEER
will not thereby be deemed to have represented that exhaus-
tive 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 CONTRAC-
TOR to be paid additionally by OWNER or OWNER to
withhold payment to CONTRACTOR.
14.6. ENGINEER's recommendation of final payment
will constitute an additional representation by ENGINEER
to OWNER that the conditions precedent to CONTRAC-
TOR'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 representations to OWNER.
ENGINEER may also refuse to recommend any such pay-
ment. or, because of subsequently discovered evidence or
the results of subsequent 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 Writ-
ten Amendment or Change Order,
14.7.3. OWNER has been required to correct defec-
tive 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
15.2.1 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 CONTRACTOR's per-
- formance or furnishing of the Work or Liens have been filed
in connection with the Work or there are other items entitling
27
OWNER to a set -off against the amount recommended, but
OWNER must give CONTRACTOR immediate wntten notice
Iwith 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
CONTRACTOR as incomplete) and request that ENGI-
NEER issue a certificate of Substantial Completion. Within
a reasonable time thereafter, OWNER. CONTRACTOR and
ENGINEER shall make an inspection of the Work to deter-
mine the status of completion. If ENGINEER does not con -
sider 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 cor-
rected 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 objec-
tions. ENGINEER concludes that the Work is not substan-
tially 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 execute and deliver to OWNER
and CONTRACTOR a definitive certificate of Substantial
Completion(with a revised tentative list of items to be com-
pleted or corrected) reflecting such changes from the tentative
certificate as ENGINEER believes justified after consider-
ation of any objections from OWNER. At the time of delivery
of the tentative certificate of Substartial Completion ENGI-
NEER 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 afore-
said recommendation will be binding on OWNER and CON-
TRACTOR until final payment.
14.9. OWNER shall have the right to exclude CON-
TRACTOR from the Work after the date of Substantial Com-
pletion. but OWNER shall allow CONTRACTOR reasonable
access to complete or correct items on the tentative list.
Partial Utilization:
14.10. Use by OWNER of any finished part of the Work.
which has specifically been identified in the Contract Docu-
ments. or which OWNER. ENGINEER and CONTRAC-
TOR agree constitutes a separately functioning and useable
part of the Work that can be used by OWNER without sig-
nificant interference with CONTRACTOR's performance of
the remainder of the Work. may be accomplished prior to
Substantial Completion of all the Work subject to the follow-
ing:
14.10.1. OWNER at any time may request CON-
TRACTOR in wnting 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 CON-
TRACTOR 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. CON-
TRACTOR at any time may notify OWNER and ENGI-
NEER in writing that CONTRACTOR considers any such
part of the Work ready for its intended use and substan-
tially complete and request ENGINEER to issue a certif-
icate of Substantial Completion for that part of the Work.
Within a reasonable time after either such request. OWNER.
CONTRACTOR and ENGINEER shall make an inspec-
tion 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 substantially complete. the provisions of para-
graphs 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 CON-
TRACTOR 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 there-
after OWNER. CONTRACTOR 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 writ-
ing 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. insur-
ance. warranties and guarantees for that part of the Work
which will become binding upon OWNER and CON-
TRACTOR at the time when OWNER takes over such
operation (unless they shall have otherwise agreed in writ-
ing 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.
28
14.10.3. No occupancy or separate operation of part
of the Work will be accomplished pnor to compliance with
the requirements of paragraph 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. ENGI-
NEER will make a final inspection with OWNER and CON-
TRACTOR 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 defi-
ciencies.
Final Application for Payment:
14.12. After CONTRACTOR has completed all such cor-
rections to the satisfaction of ENGINEER and delivered all
maintenance and operating instructions. schedules. guaran-
tees. Bonds. certificates of inspection. marked -up record
documents las provided in paragraph 6.19) and other docu-
ments —all as required by the Contract Documents. and after
ENGINEER has indicated that the Work is acceptable (sub-
ject to the provisions of paragraph 14.16). CONTRACTOR
may make application for final payment following the pro-
cedure for progress payments. The final Application for Pay-
ment shall be accompanied by all documentation called for
in the Contract Documents. together with complete and legally
effective releases or 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 CON-
TRACTOR that the releases and receipts include all labor.
services, material 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 O W N ER's property might in any way be respon-
sible. 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. CON-
TRACTOR may furnish a Bond or other collateral satisfac-
tory 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 construction and final inspection. and
ENGINEER's review of the final Application for Payment
and accompanying documentation —all as required by the
Contract Documents. ENGINEER is satisfied that the Work
has been completed and CONTRACTOR's other obligations
under the Contract Documents have been fulfilled. ENGI-
NEER will. within ten days after receipt of the final Appli-
cation for Payment. indicate in writing ENGINEER's rec-
ommendation 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.
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Otherwise. ENGINEER will return the Application to CON-
TRACTOR. indicating in writing the reasons for refusing to
recommend final payment. in which case CONTRACTOR
shall make the necessary corrections and resubmit the Ape
canon. Thirty days after presentation to OWNER of the
Application and accompanying documentation. in appropri-
ate form and substance. and with ENGINEER's recommen-
dation 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 com-
pletion of the Work is significantly delayed and if ENGI-
NEER so confirms. OWNER shall. upon receipt of CON -
TRACTOR's final Application for Payment and recommen-
dation of ENGINEER. and without terminating the Agree-
ment. 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 retainage stipulated in the Agree-
ment. and if Bonds have been furnished as required in para-
graph 5.1. the written consent of the surety to the payment
of the balance due for that portion of the Work fully com-
pleted 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 gov-
erning final payment. except that it shall not constitute a
waiver of claims.
Contractor's Continuing Obligation:
14.15. CONTRACTOR's obligation to perform and com-
plete the Work in accordance with the Contract Documents
shall be absolute. Neither recommendation of any progress
or final payment by ENGINEER. nor the issuance of a cer•
tificate 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 correction of de%ectne Work by OWNER will con-
stitute an acceptance of Work not in accordance with the
Contract Documents or a release of CONTRACTOR's obli-
gation to perform the Work in accordance with the Contract
Documents (except as provided in paragraph 14.161.
Waiver of Claims:
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 defec tire Work appearing after final inspec-
tion 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 consti-
tute a waiver by OWNER of any rights in respect of
29
CONTRACTOR's continuing obligations under the Con-
tract Documents: and
14.16.2. a waiver of all claims by CONTRACTOR
against OWNER other than those previously made in writ-
ing and still unsettled.
ARTICLE I5— SUSPENSION OF WORK AND
TERMINATION
Owner May Suspend Work:
15.1. OWNER may. at any time and without cause. sus-
pend 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. CONTRACTOR shall be allowed an increase in the
Contract Pnce or an extension of the Contract Time. or both.
directly attributable to any suspension if CONTRACTOR
makes an approved claim therefor as provided in Articles I I
and 12.
Owner May Terminate:
15.2. Upon the occurrence of any one ur 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 CON-
TRACTOR 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 inabil-
ity to pay its debts generally as they become due;
152.6. 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
paragraph 2.9 as revised from time to time):
15.2.7. if CONTRACTOR disregards Laws or Regu-
lations of any public body having junsdictton:
15.2.8. if CONTRACTOR disregards the authority of
ENGINEER: or
15.2.9. if CONTRACTOR otherwise violates in any
substantial way any provisions of the Contract Docu-
ments:
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 possession of the Work and of all 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 Pnce exceeds the direct. indirect and
consequential costs of completing the Work (including but
not limited to fees and charges of engineers, architects. attor-
neys 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 incor-
porated 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.
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30
15.3. Where CONTRACTOR's services have been so
terminated by OWNER. the termination will not affect any
rights or remedies of OWNER against CONTRACTOR then
existing or which may thereafter accrue. Any retention or
payment of moneys due CONTRACTOR by OWNER will
not release CONTRACTOR from liability.
15.4. Upon seven days' written notice to CONTRAC-
TOR and ENGINEER. OWNER may. without cause and
without prejudice to any other right or remedy. elect to aban-
don the Work and terminate the Agreement. In such case.
CONTRACTOR 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 con-
sequential 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 falls to act on any Application for Payment
within thirty days after it is submitted. or OWNER fails for
thirty days to pay CONTRACTOR any sum finally deter-
mined to be due. then 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 Appli-
cation for Payment or OWNER has failed to make any pay-
ment 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 accordance
with the progress schedule and without delay during disputes
and disagreements with OWNER.
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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 arbitration in accordance with the Con-
struction Industry Arbitration Rules of the American Arbi-
tration 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 accor-
dance herewith as provided in this Article 16 will be specifi-
cally 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 ofta) 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 wntten 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 arbitra-
tion of any written decision of ENGINEER rendered in
accordance with paragraph 9.10 will be made later than ten
days after the party making such demand has delivered writ-
ten notice of intention to appeal as provided in paragraph
9.10.
16.3. Notice of the demand for arbitration will be filed in
wnting with the other party to the Agreement and with the
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31
Amencan 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 penod specified in
paragraph 16.2 as applicable, and in all other cases within a
reasonable time after the claim. dispute or other matter in
question has ansen. 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 limi-
tations.
16.4. No arbitration arising out of or relating to the Con-
tract Documents shall include by consolidation. joinder or in
any other manner any other person or entity (including
ENGINEER, ENGINEER's agents, employees or consul-
tants) 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 anse in such proceedings. and
16.4.3. the written consent of the other person or entity
sought to be included and of OWNER and CONTRAC-
TOR 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 descnbed 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 juris-
diction 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. 0$10,1) I.
ARTICLE 17— MISCELLANEOUS
Giving Notice:
17.1. Whenever any provision of the Contract Docu-
ments requires the giving of written notice. it will be deemed
to have been validly given if delivered in person to the indi-
vidual 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.
Computation of Time:
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 computa-
tion.
17.2.2. A calendar day of twenty -four hours measured
from midnight to the next midnight shall constitute a day.
General:
17.3. Should OWNER or CONTRACTOR suffer injury
or damage to person or property because of any error. omis-
33
lion or act of the other party or of any of the other party's
employees or agents or others 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 pro-
visions of any applicable statute of limitations or repose.
17.4. The duties and obligations Imposed by these Gen-
eral Conditions and the nghts and remedies available here-
under to the parties hereto. and. in particular but without
limitation, the warranties, guarantees and obligations imposed
upon CONTRACTOR 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 as effective as if repeated specifically in the Contract
Documents in connection with each particular duty. obliga-
tion. right and remedy to which they apply. All representa-
tions, warranties and guarantees made in the Contract Doc-
uments will survive final payment and termination or com-
pletion of the Agreement.
DUA- 1528 -S &D
SPECIAL CONDITIONS OF THE AGREEMENT
CONTRACT DOCUMENTS
The Contract Documents shall consist of the Notice to Contractors (Advertisement),
Special Conditions, Instructions to Bidders, Proposal, signed Agreement, Performance
and Payment Bonds, Special Bonds (when required), General Conditions of the Agreement,
Technical Specifications, Plans and all modifications thereof incorporated in any of
the documents before the execution of the agreement.
The Contract Documents are complementary, and what is called for by any one shall be
as binding as if called for by all. In case of conflict between any of the Contract
Document, priority of interpretation shall be in the following order: Signed
Agreement, Performance and Payment Bonds, Special Bonds (if any), Proposal, Special
Conditions of Agreement, Instructions to Bidders, Notice to Contractors, Technical
Specifications, Plans, and General Conditions of the Agreement.
DEFINITION OF TERMS
This item shall be as set out in the "General Conditions of the Agreement ", except
that the term "Engineer" is understood to mean the Engineer for the Owner, and /or the
City of Round Rock, which provides resident inspection of the work to be completed under
this contract, as applicable.
LIQUIDATED DAMAGES FOR DELAY
The Owner may withhold permanently from the Contractor's total compensation for the
work under this Contract, the sum of Five Hundred Dollars ($500.00)
per day for every calendar day beyond the specified number of calendar
days agreed upon for the completion of the work herein specified and contracted for.
The Contractor shall not be charged with liquidated damages or any excess cost when
the delay in completion of the work is due to:
(a) Any preferency, priority, or allocation order duly issued by the Government;
(b) Unforeseeable cause beyond the control and without the fault or'negligence of
the Contractor, including, but not restricted to, acts of another Contractor in
the performance of a contract with the Owner, fires, floods, epidemics,
quarantine, restrictions, strikes, freight embargoes, and severe weather;
(c) Any delays of Subcontractors or suppliers occasioned by any of the causes
specified in subsections (a) and (b) of this article.
TIME AND ORDER OF COMPLETION
This item shall be as set out in the "General Conditions of the Agreement ", except as
follows:
The Contractor further agrees that he will commence work within ten (10) calendar days
of date written notice to do so shall have been given to the Contractor, and will
progress therewith so that the work shall be completed within 180 calendar days
after the date of the written notice to commence work.
RRSCA -1
DUA- 1528 -S &D
By the term "completed" is meant that all the work included in this contract is
finished, and that all items that appear on the final punch list issued by the City of '
Round Rock have been completed.
MEASUREMENT AND PAYMENT
Partial Payment: 1
This item of the "General Conditions of the Agreement" is to read as follows:
The Contractor shall prepare and deliver to the Engineer a statement showing as
completely as practicable the total value of the work done by the Contractor up to
the time payment requests are due to the Engineer. The statement shall not include'
the value of any materials delivered to the site.
Request for payment delivered to the Engineer by the 25th of the month shall be paid!
by the 20th of the next month.
The Owner shall pay the Contractor the total amount of the Contractor's statement
less ten percent (10 %) of the amount thereof, which ten percent (10 %) shall bell
retained until final payment, and further less all previous payments, and further
less all further sums that may be retained by the Owner under the terms of the
Agreement.
The Contractor shall execute and submit with each monthly pay request a partial
release of lien rights from himself and each subcontractor and material supplier in '
the total amount of all previous payments made to each.
Partial payments made by the Owner to the Contractor are monies advanced solely for
the purpose of assisting the Contractor to expedite the progress of the construction'
and in no way constitute acceptance or approval of any work. All completed work
covered by such partial payment shall remain the property of the Contractor and he
shall be responsible for the care and protection of all materials and work upon
which the payments have been made. Such payments shall not constitute a waiver of
the right of the Owner to require the fulfillment of all terms of the Contract and
the delivery of all improvements embraced in this Contract complete and in place,"
and to the satisfaction of the Owner in all details.
Final Payment:
This item of the "General Conditions of the Agreement" is to read as follows:
Final Payment, less any previous payments made to the Contractor, and less any
penalties, will be made when all work covered under this Contract is complete, has ,
been approved by the Engineer, has been accepted in writing by the City of Round Rock,
and the Contractor has submitted to the Engineer a notarized affidavit in duplicate
stating under oath that all subcontractors, vendors, and other persons or firms who,
have furnished or performed labor or furnished materials for the work have been fully
paid or satisfactorily secured. Such affidavit shall bear or be accompanied by a
statement, signed by the Surety Company who provided the performance bond for the work
to the effect that said Surety Company consents to final payment to the Contractor •
being made by the Owner.
RRSCA -2
1
1
DUA- 1528 -S &D
PERMITS
The Contractor for this project shall be responsible for obtaining all construction
permits required to complete the construction of that portion of the project covered
by this contract.
EXISTING UTILITIES
The locations of existing utilities shown on the plans are approximate, only.
Failure of an existing utility to be shown on the plans does not release the
Contractor from all liability incurred due to damage or disruption of service.
CONSTRUCTION STAKING
Construction staking will be paid for by the Owner. The Contractor shall provide the
Engineer a minimum of forty -eight (48) hours notice for construction staking. Cut
sheets will be issued to the Contractor through the City of Round Rock Public Works
Department.
PROTECTION OF STAKES, MARKS, ETC.:
All engineering and surveyor's stakes, marks, property corners, etc., shall be
carefully preserved by the Contractor, and in case of destruction or removal during
the course of this project, such stakes, marks, property corners, etc., shall be
replaced by the Engineer at the Contractor's expense before the Contractor's estimates
on the work complete will be cleared for payment.
PROTECTION OF PROPERTY AND RIGHT -OF -WAY
The Contractor shall work diligently and continuously in regard to the existing
typographic features of the adjacent properties. Care shall be. taken so that
destruction of private property shall be minimal if at all. All existing topographic
features destroyed or disrupted by the Contractor which are not covered by specific
bid items shall be replace at the Contractor's expense.
CONTINUANCE OF THE COURSE OF THE WORK UNDER THIS CONTRACT
The Contractor hereby agrees that he shall work diligently and continuously toward the
completion of this contract and shall not remove the labor force or equipment required
for this project site to work on any other project until all the work included in the
contract is complete and accepted in writing by the City of Round Rock.
POSSIBLE CHANGES BY THE CITY OF ROUND ROCK
The City of Round Rock may require certain changes, deletions, or additions, not now
known to Owner or the City of Round Rock during the construction of this project.
Before the City will accept the final construction of this project, the Contractor
shall comply with these changes under the terms of this contract; compensation for
such work shall be in accordance with unit bid items for similar work of this
contract, or be negotiated price on lump sum items and items not covered by the
Proposal. All changes, deletions, or additions required by the City shall be promptly
brought to the attention of the Engineer for the Owner and approval of said Engineer
shall be obtained by the Contractor prior to commencing work on any such changes;
otherwise, Owner shall not be obligated to pay for such work.
RRSCA -3
DUA- 1528 -S &D
1
SUBLETTING OF CONTRACT
The Contractor on this project shall not sublet the work to be done under this
contract or any portion thereof without the expressed written consent of the Owner.
The Contract shall submit to the Owner a list of all subcontractors to be used on
this project prior to commencing work. Should the Owner find any of the proposed
subcontractors to be objectionable, the Contractor and the Owner shall arrive at al
mutally agreeable substitute prior to commencing work. The subletting of any
portion of the work shall not release the Contractor from his obligations regarding
that portion of the work and shall be considered to have done the work.
INSURANCE COVERAGE
The successful bidder shall, prior to award of the construction contract, show"
evidence that the following insurance is in effect:
The above described coverage will include the City of Round Rock as additionally
insured.
1
A) Comprehensive General Liability
Minimum Limit - $500,000.00 - Bodily Injury
- $250,000.00 - Property Damage
- $300,000.00 - Personal Injury
To include Premises -- operations, explosions, collapse, underground hazard, 11
completed operations, broad forms property damage, independent contractors,
personal injury and contractual. • '
1
8) Automobile Liability
Minimum Liability - $250,000.00 - Bodily Injury (each person)
- $500,000.00 - Bodily Injury (each accident)
- $250,000.00 - Property Damage
C) Umbrella Liability
Minimum Limit - $1,000,000.00
0) Workers' Compensation
Minimum Limit - $100,000.00
1
E) Cancellation Clause
30 days written notice required
F) Performance and Labor and Material Payment Bonds in an amount no smaller than the
amount of the accepted bid.
1
MAINTENANCE BOND
In order to receive final acceptance the Contractor will be required to submit al
two -year (2) maintenance bond naming the City of Round Rock as obligee. This bond
shall be in the amount of 10% of the total contract amount
EXCAVATION '
All excavation shall be unclassified.
All excess excavation shall become the property of the Contractor, who shall then be '
responsible for the disposal of said excavation.
RRSCA -4 1
DUA- 1528 -S &D
INSPECTION
This project will be subject to periodic inspection by Dippel, Ulmann & Associates,
Inc. and full -time inspection by the City of Round Rock to confirm that the
construction practices and materials are in compliance with the City standards of
construction and specifications.
CONTRACT CHANGES
The Contractor shall not make any changes to the Contract Quantities without written
authorization from the Owner. Any field changes in quantities, type of materials to
be used or any item not covered under the signed contract must be submitted to the
Owner for approval. Any change from the original Contract, not approved in writing by
the Owner, installed by the Contractor in the field will be done at his expense. If
engineering review of the unauthorized field change proves to be in error, then the
Contractor shall remove said field change at his expense.
CROSSING UTILITIES
Every attempt has been made to locate existing utility lines. However, prior to
commencing construction, it shall be the Contractor's responsibility to make
arrangements with the Owners of such utility companies to uncover their particular
utility lines or otherwise confirm their location. Certain utility companies perform
such services at their own expense; however, where such is not the case, the
Contractor will cause such work to be done at his own expense.
"AS- BUILT" DRAWINGS
The contractor shall mark all changes and revisions on all of his copies of the
working drawings. Upon completion of the Project and prior to final acceptance and
payment, the Contractor shall deliver this correctly marked set of drawings to the
Engineer.
DEVIATIONS OCCASIONED BY UTILITY STRUCTURES
Whenever existing utilities, not indicated on Plans, present obstructions to grade and
alignment of pipe, immediately notify Engineer, who, without delay will determine
whenever existing improvements are to be relocated, or grade and alignment of pipe
changed. Where it is necessary to move services, poles, guy wires, pipelines, or
other obstructions, the Contractor shall make arrangements with owners of utilities
for such adjustments. Owner will not be liable for damages on account of delays due
to changes made by owners of privately owned utilities which hinder progress of work.
COORDINATION WITH UTILITY COMPANIES
The Contractor shall be responsible for contacting the appropriate utility company
when working in the vicinity of its facilities to ensure safety and guard against
damage. The following are names and phone numbers for the various companies:
1. Lone Star Gas - Transmission Lines:
- Distribution Lines:
2. Southwestern Bell Telephone:
RRSCA -5
(512) 244 -3652
Kenneth Brown
(512) 244 -3652
Duanne Finn
(512) 870 -5203
James Kokel
1
3. Texas Power & Light Company: (512) 255 -3666
DUA -1 528 -5 &D
Wayne Tucker
4. City of Round Rock (water & sewer): (512) 255 -3612
John Justice, Chief Inspector
Jim Nuse, Director of Public Works '
Al Willie, City Engineer
5. Round Rock Cable TV (512) 255 -1041
Frank Fontana
6. Williamson County Municipal Utility (512) 255 -7871
District No. 2 Mark DeBruler
7. T & L Property Service (512) 259 -0492 or 461 -2458
Terry Tuttle
BLASTING
No Blasting will be allowed on this project.
RRSCA -6
1
1
1
LIMITS OF WORK AND PAYMENT
It shall be the obligation of the Contractor to complete all work included in this,
contract, so authorized by the Owner, as shown on the drawings or described in the
contract documents and technical specifications. All items of construction not
specifically paid for in the bid schedule shall be included in the unit price bid. 1
Any question arising as to the limits of work shall be left to the interpretation of
the Engineer.
COPIES OF PLANS AND SPECIFICATIONS
The Agreement will be prepared in not less than seven (7) counterpart (original
signed) sets. Owner will furnish Contractor three (3) sets of conforming Contract"
Documents, Technical Specifications, and Plans free of charge, and additional sets
will be obtained from the Engineer at commercial reproduction rates plus 20% for
handling.
TESTING
The Contractor will be responsible for providing all necessary equipment at his own'
cost to perform any required testing of utilities. Bacterialogical testing will be
paid for by the Owner. All material testing of concrete, utility backfill, subgrade,
base, asphalt, and embankment will be paid for by the Owner. Any retesting due to '
failures will be retaken by the Owners Geotechnical Engineer and billed directly to
the Contractor.
1
1
1
1
1
1
SUBSURFACE INVESTIGATION
AND
STREET DESIGN
FOR
SAM BASS ROAD
ROUND ROCK, TEXAS
Report for:
PRE -TEST LABORATORY
P.O. BOX 1014
GEORGETOWN, TEXAS 78626
File No. 2 -3987
5 March 1987
7ACE H. HOLT Ph.D. & ASSOCIATES INC.
?. 0. 1102 sr». AosaN. TA
1
TABLE OF CONTENTS
INTRODUCTION 1
SCOPE 1
PROJECT DESCRIPTION 2
SUBSURFACE DESCRIPTION 2
GROUNDWATER 3
PAVEMENT DESIGN 3
PAVEMENT DESIGN SECTION 4
PAVEMENT CONSTRUCTION SPECIFICATIONS 4
REMARKS 5
SUMMARY OF LABORATORY TEST RESULTS
GENERALIZED BORING LOCATION PLAN
SOIL BORING LOGS (9)
JACK E. HOLT Ph.D. & ASSOCIATES INC.
P. 0. SOX 3171. AUSTIN. TZ
Page
SCOPE:
SUBSURFACE INVESTIGATION
AN0
STREET DESIGN
FOR
SAM BASS ROAO
ROUND ROCK, TEXAS
INTRODUCTION
An exploration of subsurface soil conditions for existing sections of
Sam Bass Road in Round Rock, Texas was authorized on 13 February 1987 by Mr.
Bob Truitt of Pre -Test laboratory. The purpose of this exploration was to
determine subsurface materials and to establish criteria for new pavement
thickness design. This report was coordinated with Mr. Truitt.
The following were performed in conjunction with this report:
A. The laying out, drilling and logging of nine (9) soil borings to a
depth of six (6) feet each below existing grade. Borings were laid
out on a minimum spacing of 500 foot intervals.
B. Samples were taken where possible. Undisturbed samples were taken
using a Shelby Tube Sampler. Standard penetration tests were
1
ZACK H. BOLT Pb.D. & ASSOCIATES INC.
P.O. SOX ISN. AUSTIN. TX
performed using a 2 inch 0.0. Split- Barrel Sampler driven by a 140
pound hammer dropping a distance of thirty (30) inches. The number
of blows to drive the sampler a distance of twelve (12) inches is
recorded and shown on the attached Boring Logs. Grab samples were
also taken off the auger flights.
C. Water level measurements were made during the drilling operations
and are noted on the Boring Logs.
D. Laboratory tests were performed on selected samples to determine
moisture content, shear strength and percentage of fine and coarse
grain materials. The results of the tests aided in the classifica-
tion of soils and defined the specific properties of the soil.
PROJECT DESCRIPTION:
The proposed project covered in this report consists of the existing
section of Sam Bass Road from the intersection with Creek Bend Blvd. east
approximately 4500 feet to the new pavement section just east of Somerset
Drive. The existing roadway consists of a 60 foot R.O.W. with approximately
a 30 foot pavement section. Drainage ditches exist on each side of the
street (no curb and gutter). The area appears to be relatively flat and in
some areas poorly drained. The drainage appears to slope to the south to-
wards Brushy Creek. Several drainage channels or branches are crossed by the
road.
SUBSURFACE DESCRIPTION:
The subsurface conditions are depicted in more detail by the Logs of
Soil Borings. In general, the subsurface conditions found in our borings
below the existing base and asphalt, consist of a thin layer of brown to
2
JACK H. HOLT Ph.D. t ASSOCIATES INC.
P. 0. BOX MS AUSTIN. 1Z
1
1
reddish brown silty clays or clayey silts overlying a formation of weathered
limestone rock. In Borings 8 -1, B -2, and 8 -5, the brown silty clays range in
thickness from two (2) to three (3) feet and are overlying a limestone rock
or silt formation. In the remainder of the borings, the thin layers of clay
or silt are found overlying the limestone formation. The tan silts or clayey
silts are low in plasticity and exhibit a good shear strength. The brown or
reddish brown silty clays are low to moderate in plasticity. The tan weath-
ered limestone ranged from medium to hard.
The soil conditions described are based on a few widespread soil bor-
ings over a relatively large area. Variations may occur between the borings.
The stratification of the soils shown on the Boring Logs represents the sail
conditions at the actual boring locations.
GROUNDWATER:
The borings were dry upon completion of the drilling operation, indi-
cating that the groundwater level at the time of exploration was probably
more than six (6) feet below the existing ground surface. Groundwater seeps
through the fractured seams and joints and after heavy rains may be found
near the surface.
PAVEMENT DESIGN:
The results of the Unit Dry Weight Tests, Moisture Content Tests, and
Atterberg Limits Tests were compared with the results of similar tests that
were performed in connection with Texas Highway Department triaxial compres-
sion tests in the past in order to select the typical maximum THD triaxial
compression classification for the subgrade materials in the area. Based on
3
JACI H. SOLT Pb.D. k ASSOCIATES INC.
T. o. SOX am. AUSTIN. Ti
this comparison and on past experience, the following THD triaxial classi-
fication was selected.
Subgrade Material
Brown silty clay
Tan silt
THD Classification
4.7
4.3
The pavement thickness for this subgrade material and for typical
street width of 60 foot ROW to be classified as commercial collector was
determined using THD Classification of soils and pavement design curves for
residential traffic. These thicknesses are tabulated below.
PAVEMENT DESIGN SECTION:
Materials Thickness
Crushed Limestone Base Material 12 inches
Hot Mix Asphaltic Concrete 2 inches
PAVEMENT CONSTRUCTION SPECIFICATIONS:
Pavement should be constructed and tested to meet the following re-
quirements:
1. Hot Mix Asphaltic Concrete Surface - All materials shall be subject
to the approval of the engineer when tested in accordance with the
specifications and test methods outlined in THD Bulletin C - 14.
2. Crushed Limestone Base - The crushed limestone base shall be
obtained from an approved source and shall be free of all deleteri-
ous materials. The crushed stone base shall be compacted to a
4
JAGS N. BOLT Ph.D. & ASSOCIATES INC.
P. 0. SOS 3171. AUSTIN. TZ
density to at least 100% of the maximum density as determined by THO
Test Method TEX- 113 -E.
3. Compacted Subgrade - The existing base should be removed and
discarded and may be re -used only after inspection and testing by
the soils engineer. All soft clays or any organic materials should
be removed and the subgrade shall be compacted to a density equal to
at least 95% of the maximum dry density as determined in accordance
with THD Test Method TEX- 113 -E.
4. Compacted Embankments - Street embankments shall be graded and
shaped for good drainage and shall be compacted to a density equal
to at least 95% of the maximum dry density as determined in accord-
ance with THO Test Method TEX- 113 -E. Fill material used in the em-
bankment shall not exceed a P.I. of 20.
5. Drainage - The street shall be crowned for rapid run -off. The base
material should extend at least eighteen (18) inches behind the curb
line where possible.
REMARKS:
This report has been prepared in order to aid in the evaluation of this
property and to assist the architect and engineer in the design of the proj-
ect. It is intended for use with regard to specific projects discussed in
general herein and any substantial changes in locations or grades should be
brought to our attention so that we may determine how this may effect our
5
1
JACIE H. HOLT Ph.D. & ASSOCIATES INC.
P. o. sox 79TI. AUSTIN. 1Z
conclusions. If during the proposed construction, the soil strata are found
to differ from that reported here, we should be notified immediately. This
report contains soil boring lags which are used in arriving at foundation
criteria and are not to be used by the excavation contractor in arriving at
rock hardness or rock depth. The procedures, tests and recommendations of
this investigation and report have been conducted and furnished in accord-
ance with generally accepted professional engineering practices in the field
of foundation, engineering soil mechanics and engineering geology. No other
warranty is either expressed or implied.
6
JACK H. HOLT Ph.D. & ASSOCIATES INC.
P. O. BOX MI. AMTS. TX
Jack H . Holt�;�pZ OF,
Ph.D., P.E.�j * 1�
r +
$ � JACK HA YON H
i
I e 35732 C J ,�
If' s�5 G�LwS
MN = NM M I MN MB — — — M M -- NM
COMPRESSION TEST j
OTHER TESTS
Percent
passing
1200 Sieve
LABORATORY TEST
PROJECT SAM BASS ROAD, ROUND ROCK, TEXAS
JOB NO 2 -3987 DATE: 5 March 1987
=
a
-
ii.
� �
`
c
J r
J
Y
J
s
I-
•Of�NG
M0.
DEPTH SAMPLE
IN /((T
YO.
TYPE OF
ILL
YOIf1U11[
CONTENT DENSITY
Y
on! ATTENDING
LAO
v i
LL
►L
II
2.0
--
Brown silty clay
27.9
110
50
27
23
2.2
--
--
--
65
8-1
13-2
3.0
--
Brown silty clay
30.2
109
51
30
21
3.1
--
--
--
69
2.5
--
Brown clayey silt
31.4
105
30
17
13
1.4
--
--
--
74
B_q
--
Brown clayey silt
29.9
107
28
15
13
3.1
--
--
--
62
13-5
4.0
--
Brown clayey silt
30.1
110
28
12
16
2.2
--
--
--
BO
B -7
B -9
2.0 _
5.0
.
--
Tan clayey silt
28.8
105
25
12
13
2.6
--
--
--
71
•
MN = NM M I MN MB — — — M M -- NM
dz
WOODS
HERMITAGE
B -1
•
•
B -6
•
B -5
I
_ _CREEK BEND BLVD.
(...
Generalized Boring Location Plan
Sam Bass Road
Round Rock, Texas
LACY H. HOLT Ph.D. & ASSOCIATES INC.
Date: 16 February 1987
Project Location: Round Rock, Texas
.Crushed limestone base
ti's Brown silty clay w /shall rock
5
Tan reddish brown
5
Tan weathered limestone (hard)
SOIL DESCRIPTION
SURFACE
2" Ascnalt
Terminated at 6.0 feet
Lag Or Boring
For
Sam Bass Road
SAMPLE N- 9LCHS
- YPE PER ;OCT
S.T.
Boring No. 9 -1
UNC.CC"o
5 TREND Tn
T•P
2.2
MOISTJRE
27.9
TYPE OF SAMPLE
D. - DISTURBED
S.T. - SHELBY TUBE
S.S. - SPLIT SPOON
R.C. - ROCK CORE
( ) - PENETROMETER
REMARKS: upon Hole dry u n completion of
drilling operation.
GROUND WATER OBSERVATIONS
G.W. ENCOUNTERED AT FT.
G.N. AFTER COMPLETION FT.
G.W. AFTER HRS. FT.
JACK H. HOLT Ph.D. & ASSOCIATES INC.
PO SOX 3R7f AUSTIN. TPXAS
PM. AA7.SIS4
Date: 16 February 1987
Project Location: Round Rack, Texas
SOIL DESCRIPTION
SURFACE
14" Aspnait
Log of Boring
For
Sam Bass Road
' \ _ : Crushed limestone base
Brown silty clay w /small rock
_ Becoming light brown (staff)
Tan weathered limestone (hard)
Terminated at 6.0 feet
UNC. :C +P
SAMPLE N - 9LCwS STRENCTn
TYPE PER ;OCT Tyr
S.T.
Boring No.B - 2
3.1.
1101 . 1 -
30.2
TYPE OF SAMPLE
O. - DISTURBED
S.T. - SNELBY TUBE
S.S. - SPLIT SPOON
q C. - ROCK CORE
( ) - PENETROMETER
JACK H. HOLT Ph.D. a ASSOCIATES INC
r0 SOX 2171 AUSTIN. TiXAI
■N. 447 -1111
REMARKS:
Hole dry upon completion of
drilling operation.
GROUND WATER OBSERVATIONS
G.M. ENCOUNTERED AT
G.M. AFTER COMPLETION
G.M. AFTER HRS.
FT.
FT.
FT.
Date: 16 February 1987
Project Location: Round Rock, Texas
TRT
-`. 1Y" Aspnalt SURFACE
■Crushed limestone base
,-- •rown silty clay w /small rock
I weathered limestone
(medium hard to hard)
SOIL DESCRIPTION
Terminated at 6.0 feet
Log of Boring
For
Sam Bass Road
SAMPLE N -SUMS
TYPE PER :00T
Boring No. 3-3
UNC.CDMP,
STRENGin
T4R
MC
TYPE OF SAMPLE
D. - DISTURBED
S.T. - SHELBY TUIIE
S.S. - SPLIT SPOON
q C. - ROCK CORE
) - PENETROMETER
JACK H. HOLT Ph.D. & ASSOCIATES INC.
PO FOR 31711 AUSTIN. TiXAS
PN. AA7 -1111
REMARKS:
Hole dry upon completion of
drilling operation.
GROUND WATER OBSERVATIONS
G.M. ENCOUNTERED AT
6.w. AFTER COMPLETION
G.W. AFTER
FT.
FT.
FT.
Date: 16 February 1987
Project LOCatian: Round Rock, Texas
RFRT SURFACE
� \ 14" Aspnalt
`\ ;Crushed limestone base
5
SOIL DESCRIPTION
Tan weathered limestone
(medium hard to hard)
Terminated at 6.0 feet
Log Of Boring
For '
Sam Sass Road
Light brown clayey silt w /small rock
SAMPLE N -SLCMS
TYPE PER FOOT
S.T.
Boring No. 8 -4
UNC
sTRENCin
TRP
1.4
MOISTURE
31.4
TYPE OF SAMPLE
D. - DISTURBED
S.T. - SHELBY TUBE
S.S. - SPLIT SPOON
R .C. - ROCK CORE
) - PENETROMETER
JACK H. HOLT Ph.D. & ASSOCIATES INC.
PO IOX 3171 LUITIN. TIXAI
PH. 447.6166
REMARKS:
Hole dry upon completion of
drilling operation.
GROUND MATER OBSERVATIONS
G.M. ENCOUNTERED AT
G.M. AFTER COMPLETION
G.1. AFTER MRS.
FT.
FT.
FT.
Date: 16 February 1987
Project Location: Round Rock, Texas
SOIL DESCRIPTION
ascnalt Su aFACE
Crushed limestone base
�'', Light brown silty clay w /small rock layers
Reddish brown clayey silt w /small rock
5�'•'. (stiff)
Terminated at 6.0 feet
Log Of Boring
For
Sam Sass Road
SAMPLE
T
S.T.
Boring No. 6 -
UNC.C.:MP.
N- SLOWS STRENST' M0157JRE
•
PER FOOT Tar
3.1
29.9
TYPE OF SAMPLE REMARKS:
D. - DISTURBED
S.T. - SHELBY TUBE
5.5. - SPLIT SPOON
q C. - ROCK CORE
( ) - PENETROMETER
Hole dry upon completion of
drilling operation.
GROUND WATER OBSERVATIONS
G.M. ENCOUNTERED AT
G.w. AFTER COMPLETION
G.w. AFTER
FT.
FT.
FT.
JACK H. HOLT Ph.D. & ASSOCIATES INC.
PO SOX 517, AUSTIN. TCXAS
►N• 447 -1161
Date: 16 February 1987
Project Location: Round Rock, Texas
PPWT SURFACE
14" Asphalt
, Crushed limestone base
'D\Tan silt w /small rock
Tan weathered limestone
5 ,
(medium hard to hard)
SOIL DESCRIPTION
Terminated at 6.0 feet
Log of Boring
For
sam Bass Road
SAMPLE N -SLOWS
TYPE PER FOOT
Boring No. a - 6
UNC.:ZMP
STREN6Im
TiP
Mo l S'.;R E
TYPE OF SAMPLE
D. - DISTURBED
S.T. - SHELBY TUBE
S.S. - SPLIT SPOON
q C. - ROCK CORE
C ) - PENETROMETER
REMARKS:
Hole dry upon completion of
drilling operation.
GROUND MATER OBSERVATIONS
G.M. ENCOUNTERED AT
G.M. AFTER COMPLETION
G.M. AFTER MRS.
FT.
FT.
FT.
JACK H. HOLT Ph.D. & ASSOCIATES INC.
PO ■OX 3971 AUSTIN. TeXA6
PM- 447 -6166
Date: 16 February 1987
Project Location: Round Rock, Texas
Log of Boring
Fo r
Sam Sass Road
Boring No. 9_7
SOIL DESCRIPTION
1y" Aspnalt SURFACE
Crusred limestone base
Redd1Sh brown clayey silt w /small rock
Tan weathered limestone
(medium hard to hard)
Terminated at 6.0 feet
SA
'YPE
S T
H -9L:w5
PER ROOT
UHC.COMP.
STREN5T'
TSP
2.2
Mori
30.1
TYPE OF SAMPLE
D. - DISTURBED
S.T. - SHELBY TUBE
S.S. - SPLIT SPOON
q . C. - ROCK CORE
( ) - PENETROMETER
JACK H. HOLT Ph.D. ac ASSOCIATES INC.
PC SOX 3271 AUSTIN. TEXAS
rN. 447 -4142
REMARKS:
Hole dry upon completion of
drilling operation.
GROUND MATER OBSERVATIONS
G.M. ENCOUNTERED AT FT.
G.M. AFTER COMPLETION
G.M. AFTER HRS. FT.
Date: 16 February 1987
Project Location: Round Rock, Texas
SURFACE
`:\ 2" Asphalt
1:,.\ Crushed limestone base
r silt w /small. rock (stilt)
S CI — Tan weathered limestone
(medium hard to hard)
TYPE OF SAMPLE
0. - DISTURBED
S.T. - SHELBY TUIE
S.S. - SPLIT SPOON
R.C. - ROCK CORE
( ) - PENETROMETER
SOIL DESCRIPTION
Terminated at 6.0 feet
JACK H. HOLT Ph.D. & ASSOCIATES INC.
PO wax 3975 AusrtN. TEXAS
PH. 447.11144
Log of Boring
For
Sam Bass Road
REMARKS:
Hole dry upon completion of
drilling operation.
SAMPLE
TYPE
N -SLOWS
PER FOOT
Boring NO.B -8
UNC.CJMP.
STRENGTH
T4R
M0I5'JRE
4
GROUND MATER OBSERVATIONS
G.M. ENCOUNTERED AT
G.w, AFTER COMPLETION
G.w. AFTER MRS.
FT.
FT.
FT.
1
1
1
1
1
Date: 16 February 1987
Project Location: Round Rock, Texas Boring No. 8 -9
'..:1;:.\,2" Asphalt
--'1'C\ Crushed 1lmestone base
Brown silty clay w /sma11 rock
Layered rock w /tan clayey silt layers
5 \I\ (medium hard)
Tan rlavev sett
SOIL DESCRIPTION
SURFACE
Terminated at 6.0 feet
Log of Boring
For
Sam Bass Road
SAMPLE
TYPE
S T
N -BLOWS
PER FOOT
UNC.CDMP.
STRENCTN
TSr
2.6
MOIS'JRE
28.8
TYPE OF SAMPLE
0. - DISTURBED
S.T. - SNELIY TUBE
S.S. - SPLIT SPOON
q . C. - ROCK CORE
( ) - PENETROMETER
JACK H. HOLT Ph.D. at ASSOCIATES INC.
r0 sox 7171 AURT1N. TVCAS
PH. 447.1144
REMARKS:
Hole dry upon completion of
drilling operation.
GROUND WATER O$SERVATIONS
G.W. ENCOUNTERED AT
G.W. AFTER COMPLETION
G.M. AFTER HRS.
FT.
FT.
FT.
DUA- 1528 -S&:D
TECHNICAL SPECIFICATIONS FOR
TRENCH SHORING
TECHNICAL PROVISIONS
EXCAVATION, RESPONSIBIi_ITY, TRENCH DESIGN, ANO SHORING
1. General:
1.1 This section covers the contractors responsibility for protection
and safety of personnel working in trenches or excavated areas.
These specifications are developed to conform with the require-
ments of all Occupational Safety and Health Administration (OSHA)
Construction Standards and applies but is not limited to Subpart
P, Part 1926 of the Code of Federal Regulations. All regulations
and requirements set forth by County, City, State or Federal shall
also govern and are included as a part of these specifications.
1.2 The geotechnical engineers boring logs are a part of this speci-
fication and depict subsurface conditions along the utility right -
of -way. The contractor shall review the logs and become intimately
familiar with the subsurface conditions and have his safety offi-
cer and all on -site personnel become familiar with the type of
soil, rock, and water conditions that may be anticipated. Where
soil borings are made on 500 foot centers, variations between
borings will occur. The contractor's safety officer and personnel
are responsible for detecting these conditions and take appropri-
ate action to provide additional safety measures from all hazard-
ous trench conditions. If any question should arise as to the
adequacy or safety of trench shoring or trench boxes or other
protective employed measures, all work should stop immediately and
the owner or owner's representative be notified. Under all circum-
stances, the contractor has the full responsibility and liability
to assure the safety and welfare of personnel working in trenches.
2. Applicability:
2.1 These specifications apply, except for noted conditions, to all
utility trench excavations greater than 5 feet in depth as
established from natural grade or from soil or rock cuttings
placed closer than 4 feet from the trench sidewall. Noted
conditions apply to but are not limited to where groundwater is
encountered at depths of less than 5 feet, where fill is
encountered, or other unstable soil conditions exists. Unstable
sail conditions are those soils which experience displacement due
to "quick" conditions or from dynamic or static loading.
3. Trench Safety Program:
3.1 These specifications set forth a minimum safety program directed
in assuring safe working conditions in utility trenches. In no way
should it be construed that this program relieves the contractor
of his liability and responsibility for the safety of his person-
nel while working in trenches.
1
3.2 The contractor must designate in writing to the owner an on -the-
joo worker within his organization as a Safety Officer. The con-
tractor assumes full responsibility in assuring his Safety Officer
is thoroughly familiar with the soil or rock types, moisture con-
ditions, groundwater, trench box construction and assembly, shor-
ing, bracing, and any and all aspects of the methods used to make
the trench safe. The Safety Officer shall make inspections of
trenches prior to entry of workers into trenches, at the beginning
of each day, and during the progress of advancement of the utili-
ties and trench excavation. A daily log will be kept noting date,
weather conditions, time of trench inspection, shoring or trench
box condition, soil and rock conditions, moisture conditions,
pulling of trench shields, and any and all conditions affecting
trenches or workers. The safety log will be retained at the job
site for review by the owner or the owner's representative and at
the termination of the job, the safety log will be turned over to
the owner as assurance of compliance with OSHA and State require-
ments. All workers will be briefed by the Safety Officer of unsafe
trench and sidewall conditions and the proper assembly of trench
boxes and shoring and working in and around shoring members. A
safety meeting of all personnel will be held on a minimum of once
each week at which time safety conditions and procedures will be
reiterated. Any unusual conditions will be brought to the atten-
tion of the owner or owner's representative at which time an
evaluation will be made of the adequacy of the trench system. The
contractor must make himself aware of any unsafe trench conditions
and take all precautions to insure the safety of his workers.
3.3 An injury or death occurring or property damage as a result of the
contractor's non - compliance with the trench excavation safety plan
or from the owner's omission of unforseen safety requirements from
the plan, shall remain the sole liability and responsibility of
the contractor.
3.4 Conditions such as unusual soil or moisture changes which may
warrant modification of shoring or trench boxes or to the scope of
the contract, shall be brought immediately to the attention of the
owner and all work in the immediate area shall stop until a posi-
tive fix is worked out between the owner and contractor. Such
action does not relieve the contractor of any liability or re-
sponsibility for the safety of his workers.
4. Trench Wall Reinforcement:
4.1 Construction plans shall be followed to assure trench excavation
limits are not exceeded. Sidewall sloping or benching as shown on
attached drawings does not relieve the contractor of the responsi-
bility of conforming with the plans and specifications. Where
benching or sloping cannot be achieved, trench wall reinforcement
or a combination of the two shall be achieved. Drawings or trench
box recommendations do not relieve the contractor of his responsi-
bility or liability of conforming with OSHA safety standards set
forth in Subpart P, Part 1926 of the Code of Federal Regulations.
2
4.2 Trenches excavated in sand or clay soil or loose and fractured
rock shall be reinforced to withstand sail pressures, sloughing,
and caving. The reinforcement may consist of any suitable shoring,
bracing, sheeting, piling, or trench boxes to withstand earth
pressures as stated herein. Trenches deeper than 5 feet into the
dark brown organic clays as depicted on the boring logs, shall be
reinforced to comply with OSHA standards.
4.3 Trench widths greater than 6 feet and deeper than 5 feet shall be
benched. The bench shall commence at each trench sidewall and
shall extend horizontally a distance of 4 feet from the trench.
4.4 The contractor's trench reinforcement shall comply with the
attached drawing or drawings.
4.5 The contractor shall have the option of designing his own trench
reinforcement so long as the design conforms with OSHA and State
requirements and is signed and sealed by a registered engineer in
the State of Texas. The drawings must be submitted to the owner
for approval with a statement certifying the trench reinforcement
is designed to resist existing lateral earth pressures of up to
450 # /SF and unstable soil conditions and conforms with OSHA safety
standards.
5. Trench and Shoring Inspection:
5.1 Contractor - Contractor shall be aware of trench conditions at all
time s. shall familiarize himself with boring logs, boring log
locations, and anticipated soil conditions. Should changes occur
such as stratification of soils, color changes, rock or sand con-
tent, water content or unstable soil conditions, workers shall be
removed from the trenches and work in these areas must not proceed
without consultation with owner or his representative.
5.2 Contractor's Safety Officer shall inspect trench and trench wall
protection devices each morning prior- to personnel entering the
trenches. Sidewall layback, walls, and trench bottoms shall be
checked for deformation, wetting conditions, fractures, shear
planes, and possible sloughing. In areas where suspective unstable
soils exist or in deep cut sections, the inspection will be on a
continuous basis.
5.3 The contractor shall perform daily inspection of all protective
shoring. It shall be his responsibility to see that all struts or
wall bracing are properly fastened and secure and that all members
are in good condition. Damaged or faulty bracing shall be replaced
immediately. The contractor has the responsibility to see that
trench reinforcement is not abused or misused and is used only for
its intended purpose. The practice of hanging pipe or other
materials from struts or other members will not be tolerated.
5.4 Owner - The owner or his representative shall inspect the trench
sii:e on a daily basis. Trench shoring and trench conditions will
be discussed with the contractor's Safety Officer. The Safety
Officer's daily log book will be reviewed an a daily basis. These
daily inspections in no way relieves the contractor of his re-
sponsibility for assuring the safety of his personnel.
3
5.5 Prior to commencement of work, the owner or owner's representative
shall meet with the contractor and contractor's Safety Officer.
Soil and rock conditions will be reviewed and the contractor's
safety program and shoring procedures will be reviewed and approv-
ed or disapproved.
6. General Trench Requirements:
6.1 The conditions set forth are requirements to be met by the con-
tractor but in no way relieve the contractor of any liability or
responsibility for a safe and complete job.
6.2 Prior To Any Excavation:
6.2.1 The contractor shall submit in writing his proposed safe-
ty plan including the name of his Safety Officer and his
proposed method of trench shoring.
6.2.2 Construction plans show the general location of under-
ground utilities. It is the contractor's responsibility
to verify exact location of all utilities by consulting
with respective utility owners or by the use of proper
sounding equipment. Damages resulting from the destruc-
tion or interruption of utilities are the sole liability
and responsibility of the contractor.
6.2.3 limits of trench excavations are delineated on the
construction drawings and it shall be the contractor's
responsibility to accurately layout the limits and to
notify the owner or his representative of any conflicts
with the plans prior to construction.
6.3 During Excavation:
6.3.1 When existing utilities are uncovered during trench exca-
vation, all such utilities will be properly protected to
assure no interruption of services. As work advances,
proper bedding, backfilling, and compaction around the
utilities shall be accomplished by the contractor.
6.3.2 As previously stated in paragraph 3.2 of these specifi-
cations, the contractor's Safety Officer shall perform
continuous safety inspection of the trench and trench
shoring devices.
6.3.3 Special attention shall be given to trenches following
rainfall. The contractor and his Safety Officer shall
carefully examine all aspects of the trench sidewalis and
bottoms and if a suspective condition exists, work shall
stop and the owner or his representative shall be noti-
fied. A joint meeting shall be held to determine a safe
approach to shoring of the trenches.
4
6.3.4 Particular attention shall be given to displacement of
rock or soil cuttings. Where shoring is provided, all
excavated material shall be placed no closer than five
(5) feet from the trench opening and shall be stockpiled
on a minimum slope of 1 horizontally to 1 vertically.
Rounded rock or unstable excavated material which could
slide or roll back in the trenches shall be removed from
the site.
6.3.5 The contractor shall be responsible for removing all
excessive water from the trenches and shall provide
adequate drainage at the trench opening to prevent the
entry of surface water.
6.3.6 The contractor and contractor's Safety Officer shall
assure the safety of workers during operation of heavy
equipment near trench opening. Particular attention shall
be given not to impose loading on the trench walls which
may cause sloughing, caving or dislodging of soil or rock
cuttings. Repetitive dynamic loading near the trench
opening can cause unstable soil or rock conditions and
may result in trench failure. The' Safety Officer must
make himself aware of these conditions and continuously
inspect areas where repetitive loading is occurring.
6.3.7 The contractor is solely responsible to assure that all
equipment (mobile and static) cannot roll or slide into a
trench opening. Stop logs, barricades, grading, warning
signs, lights, and other means shall be used to assure
safe trench conditions.
6.3.8 Excavation shall not advance faster than 10 days of
utility placement. Under unusual conditions, the owner
may grant exceptions, however, the contractor shall be
required at no extra cost to the owner to protect trench
sidewalls from drying out or becoming over wetted.
6.3.9 Trench sidewalls must not be left unsupported longer than
48 hours. Where possible, shoring shall closely follow
the excavation within a safe distance.
6.3.10 Trench and excavated support systems will be installed
from the top to bottom. Struts shall be made horizontal
and hard shimmed.
6.3.11 Trench protection equipment, material, and devices shall
be kept in good serviceable conditions. Timber or
mechanical devices which show defects shall be immedi-
ately replaced. Special attention shall be given to
damaged struts, loose shims, timber members containing
checks, knots or stress cracks, and leaking hydraulic or
pneumatic devices.
6.3.12 Trenches or excavated areas having depths greater than
four (4) feet shall be equipped with ladders or steps
spaced no further than twenty -five (25) feet of lateral
travel.
5
6.3.13 Tne contractor has the sole liability and responsiblilty
for complying with Federal, State, County, and City laws
and regulations governing the physical protection of ex-
cavated areas. Proper warning signs, protective barriers,
lights, coverings, etc. shall be provided and maintained
in good condition to safeguard the public and animals.
6.3.14 Where required by the owner, properly and safely designed
walkways or bridges shall be provided to permit trench
crossing.
7. Special Considerations:
7.1 All previously filled areas where the new utility crosses shall be
shored.
7.2 All groundwater points must be sealed or controlled to assure no
wetting of the sidewall or flooding of the trench occurs.
7.3 Where rock is encountered, vetical rock faces shall be shored.
Slope rock faces shall be inspected by the contractor or his
Safety Officer for loose joints, fractures, seams or failure
planes. If such conditions are found, proper shoring shall be
provided.
8. Definitions - Definitions contained herein are given by OSHA Safety and
Health Regulations, Part 1926, Subpart P, Paragraph 1926.653.
8.1 "Braces" - The horizontal members of the shoring system whose ends
bear against the uprights or stringers.
8.2 "Changed Conditions" - Where soil conditions such as moisture
content, groundwater, development of desiccation cracks or joints,
or soil stratigraphy change from those originally designated on
the grading plans or following initial excavation.
8.3 "Dewatering System" - A mechanical system which artificiallly
lowers the static groundwater to a level which prevents ground-
water seepage into the excavation. These include; well - points,
sumps, pumping wells, or cut -off walls.
8.4 "Groundwater" - Water that is present in the soil in sufficient
quantities that it will flow and collect at a point. This includes
a natural aquifer water level or a perched groundwater on top of
an impervious layer.
8.5 "Lagging" -
H-piles and
excavation.
8.6 "Rock" - A
hand. This
Shale is to
Horizontal boards supported by the flanges of two
are used to separate the natural soil from the
mass of soil particles that cannot be excavated by
includes any weathered rock that contains soil seams.
be considered a rock material.
6
8.7 "Running Soil" - Soils that possess a fluid behavior generally
brought about by excess moisture or imbalanced hydrostatic (water)
conditions.
8.8 "Sheet Pile" - A pile or sheeting that may form one of a continu-
ous interlocking line or a row of timber, concrete, or steel pile,
driven in close contact to provide a tight wall to resist the
lateral pressure of water, adjacent earth, or other materials.
8.9 "Sides" - Also referred to as "walls ", or "faces ". The vertical or
inclined earth surfaces formed as a result of excavation work.
8.10 "Slope" - The angle with the horizontal at which a particular
earth material will stand without movement.
8.11 "Stringers" - Also referred to as "wales ". The horizontal members
of a shoring system whose sides bear against the uprights or
earth.
8.12 "Trench" - An excavation made below the surface of the ground
whereby the depth is greater than the width, but the width is less
than fifteen (15) feet. A trench may consist of the void between
unsupported earth and the wall of a structure if the wall is
within fifteen (15) feet of the unsupported earth.
8.13 "Trench Shield" - A shoring system composed of steel plates and
bracing, welded or bolted together which support the walls of a
trench from the ground level to the trench bottom, and which can
be moved along the trench bottom as work progresses.
8.14 "Uprights" - The vertical members of a shoring system.
* * * * * * * * * * * * * * * * **
7
SUBSURFACE INVESTIGATION
AND
TRENCH SHORING DESIGN
FOR
SAM BASS ROAD
ROUND ROCK, TEXAS
INTRODUCTION
An exploration of subsurface soil conditions for existing sections of
Sam Bass Road in Round Rock, Texas was authorized in letter dated 15
October 1987 by Mr. Alvin Wille of the City of Round Rock. The purpose of
this exploration was to determine subsurface materials and to establish
criteria for trench shoring design.
SCOPE:
The following were performed in conjunction with this report:
A. The laying out, drilling, and logging of eight (8) soil borings
to a depth of ten (10) feet each below existing grade. Borings
were laid out on a minimum spacing of 500 foot intervals.
B. Samples were taken where possible. Undisturbed samples were
taken using a Shelby Tube Sampler. Standard penetration tests
were performed using a 2 inch 0.0. Split- Barrel Sampler driven
by a 140 pound hammer dropping a distance of thirty (30) inches.
1
JACK H. HOLT Ph.D. & ASSOCIATES INC.
P. O. BOX _979, AUSTIN, TS
The number of blows to drive the sampler a distance of twelve 1 II (12) inches is recorded and shown on the attached Boring Logs.
Grab samples were also taken off the auger flights. II C. In addition to the field testing and sampling a supplemental
laboratory testing program was conducted. Laboratory tests were ,
performed on selected samples to determine moisture content, '
shear strength, and percentage of fine and coarse grain materi-
als. The results of the tests aided in the classification of I
soils and defined the specific properties of the soils. i t
I I
E 1
PROJECT DESCRIPTION: i '
The proposed project covered in this report consists of the existing
section of Sam Bass Road from the intersection with Creek Bend Blvd., east '
approximately 4500 feet to the new pavement section just east of Somerset
Drive. The existing roadway consists of a 60 foot R.O.W. with approximately '
a 30 foot pavement section. Drainage ditches exist on each side of the '
street (no curb and gutter). The area appears to be relatively flat and in
some areas poorly drained. The drainage appears to slope to the south to ,
wards Brushy Creek. Several drainage channels or branches are crossed by
1 the road.
II
I SUBSURFACE DESCRIPTION: 1
. The subsurface conditions are depicted in more detail by the Logs of
,
Borings. Some variation in soil conditions were found in our borings. In
general, the subsurface conditions found in our borings below the existing
1
base and asphalt, consist of a thin layer of brown to reddish brown silty
clays or clayey silts overlying a formation of weathered limestone rock. ,
The limestone rock is fractured and weathered and is separated by thin
2
JACK S. r IIO oL & usrt. C v CIATE3 INC. '
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
layers of tan silts or reddish brown silty clays. In some borings the rock
is thickly bedded in three (3) to five (5) foot solid layers. The tan silts
or clayey silts are low in plasticity and exhibit a good shear strength.
I The brown or reddish brown silty clays are low to moderate in plasticity.
The tan weathered limestone ranges from medium hard to hard.
Soil conditions described are based on a few widespread soil borings
over a relatively large area. Variations may occur between the borings. The
stratification of the soils shown on the Boring Logs represents the soil
conditions at the actual boring locations.
GROUNDWATER:
The borings were dry upon completion of the drilling operation, indi-
cating that the groundwater level at the time of exploration was probably
more than ten (10) feet below the existing ground surface. Groundwater
seeps through the fractured seams and joints and after heavy rains may be
found near the surface.
REMARKS:
This report has been prepared in order to aid in the evaluation of this
property and to assist the architect and engineer in the design of the
project. It is intended for use with regard to specific projects discussed
in general herein and any substantial changes in locations or grades should
be brought to our attention so that we may determine how this may effect
our conclusions. If during the proposed construction, the soil strata are
found to differ from that reported here, we should be notified immediately.
3
JACK H. HOLT Ph.D. & ASSOCIATES INC.
1..0. sox 3119. AUSTIN. TS
I This report contains soil boring logs which are used in arriving at founda-
1 tion criteria and are not to be used by the excavation contractor in arriv-
°I ing at rock hardness or rock depth.
The procedures, tests and recommenda-
I tions of this investigation and report have been conducted and furd in
1 accordance with generally accepted professional engineering practices
the field of foundation, engineering soil mechanics, and engineering geol-
ogy, No other warranty is either expressed or implied.
Q - �r / t�'
Jac (1, H. Holt,y `
/Ph.D., P.E. Jr*
•
• JACK HA§YUN H L "��
44i"eiSISVP All
4 4 N � 35732 ..
4
JACK 8. HOLT Ph.D. & ASSOCIATES INC.
P. 0. 80S : " TX
1
1
1
1
1
1
7
1
1
1
1
1
1
1
1
1
MI M - M ON NE =M OM - - - - - - - - - I
LABORATORY TEST
PROJECT SAM BASS ROAD, ROUND ROCK, TEXAS
UTILITIES TRENCII SAFETY PROGRAM
JOB NO 11 -19287 DATE: 10 November 1987
PEST
OTHER TESTS
Per cent
Passing
$290 Sieve
68
ill
MOKS7Y4n02
1.11• 1116
LATERAL PRECCURC
Ps
_
7Yflllt! 7411 I�
•ONING
N O.
DL PIN
IN PICT
SAYILE
NO
TYNE Of SATE•1AL
YOISTUNL
CONTINT
Y
ONY
ATTEN• T5 IRO LAN
DENSITY
_icir
LL
■L
P1
B -1
Tan silt w /small rock
28.3
109
27
14
1.3
2.1
--
--
--
3.5
--
2.5
--
Brown silty clay
29.9
108
50
29
21
2.9
--
--
--
70
13-3
B -4
6.5
--
Reddish brown
silty clay
26.2
115
49
28
21
3.6
--
--
--
87
10.0
--
Reddish tan
clayey silt
25.1
116
24
13
11
1.8
--
--
--
59
0 -6
MI M - M ON NE =M OM - - - - - - - - - I
r'
0 0 z " a
H
H
C H
2 n
0
z
13-4
B -3
35 +08
NOTE: STATIONS SHOWN ARE STREET STATIONS
B -1
Generalized Boring Location Plan
Sam Bass Road Drainage Improvement
Round Rock, Texas
B -5
10y\ B -
7 +72
END
OP
CONSTRUCTION
JACK H. HOLT PH.D.,P.E. & ASSOCIATES
P.O. UOX 9979 AUSTIN, TE XAS
- 1111.1 -
MN NM NM M — — — — — MI i O — — — — — I•
1/3 D
• t
I
_WIDTH ....
(REF.)
TYPE D
TYPE A S D
J MINII•I U M 1'
UPRIGHTS (TYP.)
'y STRINGERS (TYP.)
STRUTS (TYP.)
1 / m
INTACT
LIMESTONE
ROCK
o g
Q X
0
REF: Tables No. I and II for locations and details
ROCK _
JACK H. HOLT PH.D.,P.E. & ASSOCIATES
P.O. UOx 3979 AUSTIN, TtxAs
—i --
li
TYPICAL. TRENCH
CROSS SECTIONS
(N.T.S.)
TYPO C
NOTES:
1. Ton and bottom strut should be located at
1/3 points of trpneh death.
2. Uprights should extend a minimum of 1' above
top of trench.
Drawing No. I
STORM SEWER
LINE & STATION
Storm Sewer Line "A"
from Sta. 3 +35
to Sta. 21 +25
(includes laterals
Storm Sewer Line "6"
from Sta. 0 +90
to Sta. 14 +30
(includes laterals)
DEPTH BELOW
EXISTING GRADE
APPLICABLE
BORING
(Approx.Sta.)
B -1 Sta. 4 +85 10 ft.
8 -2 Sta. 10 +00 10 ft.
B -3 Sta. 15 +00 10 ft.
B -4 Sta. 19 +90 10 ft.
B -5 Sta. 1 +55 10 ft.
8-6 Sta. 6 +50 10 ft.
6 -7 Sta. 3 +50 10 ft.
Storm Sewer Line "C" B -8 Sta. 3 +50 10 ft.
from Sta. 1 +00
to Sta. 3 +79.60
Notes:
*Type C or B may be used upon approval of engineer.
Type A must be used for soft, sandy or wet soils.
SOIL
CONDITIONS
JACK H. HOLT PH.D.,P.E. & ASSOCIATES
p.n. BOX 3979 AUSTIN. TEXAS
Stiff clays, or
gravelly clays
overlying fractured
weathered limestone
Stiff clays, or
gravelly clays
overlying fractured
weathered limestone
Tan weathered
limestone overlying
layered rock w /clayey
silt layers
RECOMMENDED
SHORING
Type 8*
rock
Type B*
rock
Type 8*
Table No. I
MTh — — — — IM — — — I— WI — — — i— —
NM MN - MI MI MN - - - - -- -- NM MN MI MI I
Uprights
SIZE AND SPACING OF MEMBERS
Stringers Strut Dimension and Spacing
Trench Type Min. Max. Min. Max. Trench Width (ft.) Maximum Spacing
Depth Shoring Dimension Spacing Dimension Spacing 0 -3 3 -6 6 -9 9 -12 Vertical Horizontal
IT
TTY (inches) (ft.) (inches) (ft.)
0 -7' A 2x6 close 4x6 4 2x6 4x4 4x6 6x6 2 4
sheeting
0 -7' 8 2x6 4 4x6 4 2x6 4x4 4x6 6x6 2 4
0 -7' C 2x6 4 - -- 2x6 4x4 4x6 6x6 2 4
0 -7' D - -- - - -- - -- - -- - -- - -
Notes: 1. Type shoring "A" pertains to soft, sandy, or wet soils.
2. Type shoring "B" pertains to stiff clay or gravelly clayey soils.
3. Type shoring "C" pertains to jointed and fractured rock
4. Type shoring "D" pertains to intact limestone rock.
5. Trench boxes may be substituted for timber shoring where approved
by a Professional Geotechnical Engineer.
6. Screw jacks may be substituted for timber struts if of comparable strength.
7. Wood members should be full dimension hardwood.
JACK H. HOLT PH.D..P.E. & ASSOCIATES
P.O. OOX 3979 AUSTIN, TEXAS
Table No. 1I
Log of 30eIng
For
Sam Saes Road
Drainage Improvement
Date: 26 October 1987
Project Location: Sam Bass Road, pound Rock, Texas
SOIL :ESCRI'TION
SURFACE
Ley" asphalt
ru ea Imes one ..ase
Tan silt w sma rocx (stI££)
10
Layered rock CV1an silt (medium
Terminated at 10.0 feet
SAMPL .N-3. $ Sy 0 ; N . n °O: 31
-
-vPE IPEa :CC - .
S.T.
2.1 i 28.3
TYPE OF SAMPLE
D. - DISTURBED
S.T. - SHELBY TUBE
S.S. - SPLIT SPOON
B.C. - ROCK CORE
( ) - PENETROMETER
JACK H. HOLT P & ASSOCIATES ENC.
Po sax 3979
Pty• 447.01
REMARKS: Hole dry upon completion of
drilling operation.
GROUND LATER OBSERVATIONS
G.W. ENCOUNTERED AT
3 .W. AFTER COMPLETION
G.w. AFTER
FT.
FT.
FT.
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
of_....tr,
Sam '_ass Fad
Date: 26 Cctoner 1937 �rai "ace _ pro•rement
Project Location: Sam Sass ?: ad, Round Rock, Texas
2' Asphalt
i.� Crushed limestone (Base)
-Brown silty clay w /small rock
5 --, Layered limestone w tan si t ayers
Tan weathered limestone (hard)
SOIL :_SCR: °':ON
SURFAC:
'rermina
e
2or:ng '!o. a -2
SAMPLE N- L S7A E.467n "0
- voc = R
, SF
TYPE OF SAMPLE
D. - DISTURBED
S.T. - SHELBY TUBE
S.S. - SPLIT SPOON
R.C. - ROCK CORE
( ) - PENETROMETER
REMARKS: Sole dry upon completion of
drilling operation.
GROUNO WATER OBSERVATIONS
5.8. ENCOUNTERED AT
G.w. AFTER COMPLETION
G.w. AFTER HRS.
FT.
FT.
FT.
JACK H. HOLT Ph.D.3: ASSOCIATES INC.
PO BOX 3979 AUSTIN. TCXAS
PM. 447.8166
Date: 26 October 198" mound Rock, texas
Project LocatlOn: Sam as ?cad,
SOIL '- ESCRI
SURFACE
1 1/2" Asphalt
� \Crusne • >mestone Base
•
Brown s -E clay wJsmall rock
5 —
*_,ayered limestone
w /reddish tan silty clay layers
M.7177 (medium hard)
TYPE OF SAMPLE
O. - DISTURBED
S.T. - SHELBY TUBE
S.S. - SPLIT SPOON
B.C. - PENETROMETER
REMARKS:
Hole dry upon completion of
drilling operation.
GROUND WATER OBSERVATIO
G.w. ENCOUNTERED AT
I G.W. AFTER COMPLETION
G.W. AFTER
FT.
FT
FT.
JA s ox HO Phil P uD. & TES INC.
ASSOCIATES
PI. 647.81
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Log of Ei'-lno
FO'
Sam ?ass ?Dad
:at... 25 October 13.37 Drainage Improvement
Project Location: Sam Bass ?cad. Bound Rock, Texas
5 I- Reddish brown clayey silt
- ----, \ w /sva11 rock
�i Tan weathered limestone (hard)
Reddish — awn silty clay (stiff) --
10
SOIL 3ESCRI ?7ION
SURFACE
\14" Asphalt
.\ Crushed limestone (Base)
, Black silty clay w /small rock
\
F= \ Tan weathered limestone (hard)
Terminated at 10.0 feet
i ?cR =r�*
S.T.
3or 3 -
SANm
37;46T., ,
+SF
3.6 26.2
TYPE OF SAMPLE
0. - DISTURBED
S.T. - SHELBY TUBE
S.S. - SPLIT SPOON
P.C. - ROCK CORE
( ) - PENETROMETER
REMARKS:
Pole dry upon completion of
drilling operation.
GROUND WATER OBSERVATIONS
E4COUNTERE7 AT F7.
G.W. AFTER COMPLETION F7.
G.W. AFTER HRS. FT.
JACK H. HOLT Ph.D. & ASSOCIATES INC.
PO ®OX 3979 AUSTIN. TEXAS
PM. 447.8166
ee« I SOIL CESCRIPT.CN
SURFACE
s_naL N
Si' S'REN.;. .0;
TsF
—,
i ,=
\ 14 asphalt
„
.,
\
limestone (Base)
—
— '
—._
10
\ Crushed
brown silty ciay w/rocx
Tan weathered limestone (hard)
--
Layered limestone
w /reddish brown silty clay layers
(medium hard)
—
Terminated at 10.0 feet
; of 2o-r;
For
Sam Bass ?nad
Date: 26 October 987 Drainage improvement
Project Location: Sam Bass Road, Round Rock, Texas
JACK H. HOLT Ph.D. & ASSOCIATES INC.
Po Sox 3979 AUSTIN. TEXAS
P$. 667.8161
Boric; No. 8 -5
TYPE OF SAMPLE
D. - DISTURBED
S.T. - SHELBY TUBE
S.S. - SPLIT SPOON
q . C. - ROCK CORE
( ) - PENETROMETER
REMARKS:
Hole dry upon completion of
drilling operation.
GROUND MATER OBSERVATIONS
G.M. ENCOUNTERED AT
G.M. AFTER COMPLETION
G.M. AFTER MRS.
FT.
FT.
FT.
1
1
1
Log of 3 ' r9
FOr
Sam Bass ?Dad
pate: 26 Octoner 1937 Cra lace .mproverent
Project Location: Sam Sass Road, Round Rock, Texas °or :r7 '.0. 8 -6
• SOIL DESCR :FT:ON
S• RFA - C
S4++ N -s6z,s 574E46
- ,s,.
"01 5'.4.,
_
JT
51—
14"
Asphalt
1.8
25.1
.,_
f=
. Crusnea
Tan
(medium
Limestone (Base)
weathered limestone
hard to hard)
10
Reddish tan clayey silt w /sma11 rock
S.T.
Terminated at 10.0 reet
TYPE OF SAMPLE
D. - DISTURBED
S.T. - SHELBY TUBE
S.S. - SPLIT SPOON
M . C. - ROCK CORE
( 1 - PENETROMETER
REMARKS:
Hole dry upon completion of
drilling operation.
GROUND WATER OBSERVATIONS
G.w. ENCOUNTERED AT FT.
G.w. AFTER COMPLETION FT.
G.W. AFTER HRS. FT.
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
JACK H. HOLT Ph.D. & ASSOCIATES INC.
PO SOX 3979 AUSTIN. TEXAS
PH. 447.8166
Log of ~ ;ng
For
Sam Sass ?cad
Date: 26 October 1037 Drainage Improvement
Project Location: Sam Cass ?Bad, Round Rock, Texas
vCT
�Y Asp na)S `RFAC_
•
Crushed limestone (Base)
5-I- - Zddish brown silty clay w/Small rock
r Layered rock w /reddish brown clayey silt
- layers (medium hard)
t
10
1
TYPE OF SAMPLE
O. - DISTURBED
S.T. - SHELBY TUBE
S.S. ' SPLIT SPOON
I.C. - ROCK CORE
- PENETROMETER
SOIL 7,ESCR:Pr: n1
Tan weathered limestone (hard)
Terminated at 10.0 feet
JACK H. HOLT Ph.D. & ASSOCIATES I`C.
PO YOX 3979 AUSTIN. TEXAS
PM. 447.8189
REMARKS:
Hole dry upon completion of
drilling operation_
Boring No. B -7
S'RENC.n
- Y°E PER r..7,07
TSF
GROUND WATER OBSERVATIONS
G.M. ENCOUNTERED AT
G.w. AFTER COMPLETION
G.w. AFTER HRS.
FT.
FT.
FT.
1
1
1
Log of 3oring
For
Sam Sass Road
Date: 26 October 1987 Drainage Improvement
Project LOcat10n: Sam Bass Road, Round Rack, Texas
10
h.: \1y" asphalt
\Crushed limestone (Base)
5
SOIL DESCRIPTION
SURFACE
Tan weathered limestone (hard)
Layered rock w /tan clayey silt layers
(medium hard)
Terminated at 10.0 feet
3or:ng No. 3-8
SAMPLE N-3.CnS STRE4tTn
"YPE :PER :COT-sF
TYPE OF SAMPLE
D. - DISTURBED
S.T. - SHELBY TUBE
S.S. - SPLIT SPOON
R.C. - ROCK CORE
( ) - PENETROMETER
REMARKS: Hole dry upon completion of
drilling operation.
GROUND WATER OBSERVATIONS
G.W. ENCOUNTERED AT
G.w. AFTER COMPLETION
G.w. AFTER HRS.
FT.
FT.
FT.
JACK H. HOLT Ph.D. & ASSOCIATES
PO SOX 3979 AUSTIN. TEXAS
PH. •67.8166
DUA- 1528 -S &D
SUPPLEMENTAL SPECIFICATIONS
DUA- 1528 -S &D
SUPPLEMENTAL SPECIFICATION
CONSTRUCTION DETOUR
General
This specification shall govern for the handling of traffic during construction.
Specification
The Contractor will be required to submit, at the time of the pre construction
meeting, a minimum of two (2) detour and traffic handling plans that he wishes to use
on this project. The Owner will review and select the plan that he feels will be best
suited for the public. The Owner reserves the right to make any changes or
modifications at no additional cost to him. These plans must include the following
criteria.
1. All signs, barricades, etc, used in handling traffic must conform to the current
edition of the Texas Manual of Uniform Traffice Control Devices for Street and
Highways.
2. When handling traffic on any existing roadway the Contractor must comply with
City of Austin Specification No. 220 (Sprinkling for Dust Control).
3. When traffic is diverted from any existing roadway the Contractor shall construct
a temporary roadway with a minimum of 4" of base and an emulsified asphalt
treatment in accordance with City of Austin Specification No. 310.
The above criteria must be applied in such a way that all adjoining land owners,
businesses and emergency vechicles will have 24 hour access.
Payment
This item shall be paid for by the unit contract price bid per lump sum. Payment for
this tiem shall include all materials, labor and any other incidentals necessary to
complete this item. Prior to construction the Contractor will be required to submit a
cost breakdown of his approved traffic plan to be used in evaluating partial payment
of this item.
DUA- 1528 -S &D
SUPPLEMENTAL SPECIFICATION
UTILITY RELOCATION
(Revised)
General
These specifications shall govern for the relocation of any existing water or
wastewater utility. Relocation of any existing gas, telephone, cable television or
electric utility will be done at the Owners expense by the entity with jurisdiction.
The Contractor should pay special attention to the general notes regarding existing
utilities on plan sheet 2 of 20.
Sequence of Relocation
Prior to any construction the Contracotr shall locate horizontally and vertically any
existing utility that is shown on the plans or that is brought to his attention during
the pre- construction meeting that could pose as a problem during construction. Once a
utility has been located and determined that a conflict exists with construction the
Contractor shall notify the Owner and the Owner's representative so that the following
may take place:
1) Determine the best possible way for relocation;
2) Determine what type of pipe and fittings, if any, shall be used or reused;
3) Schedule and notify customers of shut down of service;
Once the utility has been relocated the Contractor, Owner, and Owner's representative
shall measure the quantity of materials used and payment will be made in accordance
with the unit prices outlined under payment.
Payment
Utility relocation will be paid for by the unit price as outlined in these
specifications which price or prices shall be full compensation for a complete utility
relocation or adjustment including but not limited to excavation, removal and
disposing of existing pipe, bedding material, laying of pipe, backfilling, cleanup,
and testing. The Contractor will be responsible for providing all necessary equipment
at his own cost to perform any required testing of utilities. Bacterialogical testing
will be paid for by the Owner.
Material
12" Ductile Iron Class 50, all
8" Ductile Iron Class 50, all
6" Ductile Iron Class 50, all
4" Ductile Iron Class 50, all
2" Polybutylene, all depths
1}" Polybutylene, all depths
1" Polybutylene, all depths
Concrete Encasement
Fittings
Wet Connection, all sizes
depths
depths
depths
depths
Unit Price
$ 35.00 /LF
24.00 /LF
20.00 /LF
18.00 /LF
11.00 /LF
10.50 /LF
10.00 /LF
125.00/CY
2,600.00/TN
500.00 /EA
Subtract from Unit
Price if Existing
Pipe is Re -Used
$ 13.00
8.00
5.00
4.00
NOTE: The unit price for 2 ", 11 ", and 1" water service pipe shall include tapping the
main, if necessary, and all fittings.
DUA- 1528 -S &D
PLANS
NOTICE
The plans for the work, covered by this contract are under
separate cover, but they are considered as attached and are a
part of this contract.
Also, the City of Round Rock Standard Details for Installation
of Water and Wastewater, and for Public Works Construction,
including all appurtenances, and all other details referred to
in the Contract Documents are considered to be part of the
Plans and are a part of this contract.