R-88-1149 - 8/11/1988ATTEST:
WHEREAS, the City Council of Round Rock desires to improve
certain sidewalks within its city limits, and
WHEREAS, the City of Round Rock has duly advertised for bids for
said improvements, and
WHEREAS, Vara Construction Company has submitted the lowest and
best bid, and
WHEREAS, the City Council wishes to accept the bid of Vara
Construction Company, Now Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS,
That the bid of Vara Construction Company is hereby accepted as
the lowest and best bid, and the Mayor is hereby directed to execute
on behalf of the City a contract with Vara Construction Company to
improve said sidewalks.
RESOLVED THIS O day of August, 1988.
C28RESBIDS3
•
k
RESOLUTION NO. //J
MIKE ROBINSON, Mayor
City of Round Rock, Texas
THE CITY OF ROUND ROCK
pO tk, rf
"r.. PUBLIC WORKS DEPARTMENT
.221 East Main Street
L Round Rock, Texas 78664
N oro (512) 255 -3612
BID TABUL)KCIONS
BIDS EXPENDED AND CHECKED
BY: D.L.H.
DATE: 8/2/88
SHEEP 1 OF 2
CONTRACT 1988 C.I.P. Sidewalk Improvement:
BIDDERS
BID DNFE 8/2/88 TIME 2 :00 1'.11.
Vara Construction, Co. -
Bid Bond? Yes
D.I.J. Construction, Inc.
Bid Bond? Yes
Hayden Concrete, Inc.
Bid Bond? Yes
Transom Concrete
Construction, Inc.
(Cashiers Check)
Bid Bond? Yes
Gil Prather Construction, I
(Cashiers Check)
Bid Bond? Yes
LOCATION City Council Chambers'
DESCRIPTION
•
ITEM
UNIT
APPROX.
QUANTITY _
UNIT
PRICE
COSP
UNIT
PRICE
COST
UNIT
PRICE
-
COST
UNIT
PRICE
COST
UNIT
PRICE
COST
4" Concrete sidewalk
S.F.
16,250.
$ 1.826
529,672.50"
$2.15
634,937.50
$2.30
$37,375.00
$2.24
$36,400.00 '''
$2.76
$44,850.00
Restoration £ Rcvegatation
L . F .
4,200..
S .815
S 3,423.00 .
$: ;75
5 3,150.00 .
$ .51
$ 2,142.00
$1.42
$ 5,964.00
61.67
$ 7,014.00
TOTAL BID
53,095.50
S38.087.50
839,517.00
$42,364.00 -
$51,864.00
:; Corrected from propose ]
submitte
1
^* Corrected prices due to
bidders
altering
of quanti:ies.
THE CITY OF ROUND
ROCK •
oy o f' PUBLIC hORKS DEPARTMENT
a .
.221 East Main Street
°NOn ;0e Round Rock, Texas 78664
(512) 255 -3612
BID TABULA(PIONS
BIDS EXPENDED AND CHECKNI
BY: D . L . 1 1 .
DATE: 8/2/88
SHEEP 2 OF 2
CONTRACT 1988 C.I.P. Sidewalk Improvements
BIDDERS
BID DAME 8 /2/88 TIME 2:00 P.M.
Chasco Contracting, Inc.
Bid Bond? Yes
Debra Schafer
LOCATION City Council Chambers
DESCRIPTION
ITEM
UNIT
APPROX.
QUANPITY
UNIT
PRICE
COSI'
UNIT
PRICE
COST
UNIT
PRICE
COST
UNIT
PRICE
COST
UNIT
PRICE
4" Concrete sidewalk
S.F.
16,750.
$3.28
553,300.00 •
.Bid opener
but not
cos T
Restoration & Reveeatation
L.F
4.700.
$ .36
$ 1,512.00 -
read due t5
submissior
of
TOTAL BID
654,812.00
inappropriate
bid"
surety. (;:closed
personal clerk)
Bid returna'to
bidder at
dine of
___
bid openin
;.
Vol
"PA k e.Z • }su
4 • 2 v1
4
2gq_0
George A. Gusick
Gene, all Manages
UVI \). ■• 1
'1 O Ter
eri 1- 3A)
VARA (0)NSTRU(1ION CO. Box 9528 Austin, TX 78766
(512) 24446E6- 1 414 -76102
COPIES
DATE
NO.
DESCRIPTION
1
8 -3 -88
2
17
Informatjon_xagnired of Bidder
A. Form A309 Contract Qna1ification Statampnt
1
4 -13 -87
VARA CONSTRUCTION CO.
P. 0. Box 9528
AUSTIN, TEXAS 78766
Z -7 2-
Phone 3
TO City of Round Rock
Public Works Department
221 East :^ain Street
GATE
R -3 -`x
.10a NO
ATTENTION
bir. Danny IIalden
1988 C.I.P.
Sidewalk Improvments
GENTLEMEN:
— WE ARE SENDING YOU PAttached ❑ Under separate cover via the following items:
❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
%XCopy of letter ❑ Change order ❑
THESE ARE TRANSMITTED as checked below:
•
XX For approval ❑ Approved as submitted ❑ Resubmit copies for approval
la For your use ❑ Approved as noted ❑ Submit copies for distribution
f As requested ❑ Returned for corrections ❑ Return corrected prints
❑ For review and comment ❑
❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS
COPY. TO
50514 240-2 • A1.5.bI tram five Inc, 010105 Maas 01.50
If enclosures are not as noted, kindly notify us at'onoe.
7 }
p ; Georg A. Gusick – Gen.Mgr.
SIGNE 4
INFORMATION REQUIRED OF BIDDER
(Shall be submitted prior to award of contract. Failure to submit prior to award of
contract shall be cause for rejections of bid.)
The bidder is required to supply the Zaliowing information.
Additional sheets may be attached if necessary.
(1) Name Vara Construction Company (Bert Speed Tnc. dha Vara Cons . Co)
(2) Address P.O. Box 9528 - 12719 Burnet Road, Austin, Tx 78766
(3) Phone Number (512) 244 - 7902
(4) Type of Firm:
( ) Individual,
(5) Corporation organized under the laws of the State of TEXAS
(6) List the names and addresses of all members of the firm or names
and titles of all officers of the corporation.
Bert Speed - CEO 4699 Production Dallas, Texas
David Rupley - Vice.Pres. 4699 Production Dallas, Texas
Kay Speed - Secretary 4699 Production Dallas, Texas
(7) Number of yeari experience 16 years
(8) List at least three (3) projects completed as of recent date:
Contract Amount /Class of Work /Date Completed /Name and Address of
Owner:
$ SEE ATTACHED AIA A305 form '
$
( ) Partnership, ( Corporation
(9) List the name and address of each subcontractor who will perform
work in or about the' work or improvement in excess of one -half
(1/2) of one (1%) percent of the total bid price and.indicate
what part of the work will be done by each subcontractor:
Salt Point Foundations - Dan Baker Owner - 388 - 2851
Redd's Landscape - Wayne Redd owner - 837 -9179
•
BD -7
RECEIVED AUG 0 3 1988.
1
1
(10) Payment of taxes, in the State of
'
Yes vvY No
(11) List all jobs you performed in which a trench failure injury
1 occurred:
1
i •
1 .
'
(12) If f uested by the Owner, the Bidder shall submit a notarized
requested
statement, financial data or other information aof
references sufficiently comprehensive to permit an appraisal
1 his current financial conditions.
Above information is accurate and correct to the best of my knowledge.
1
/ e L4C.,(4 . �% % i-'�- '� ^ "L ", General Manager
SignaturN Title
1 George A. Gusick
For:vara Construction Co. Date:. 8 -3 -88
1
BD -8
Gentlemen
4.Are4viiiw.?ue5141144
We would like to take this opportunity to introduce ourselves to your
organization. We are Vara Construction Company, a general contrac-
ting company located in the Austin area. We have more than 16 years
experience in this area and consider it our home. While we claim
only 16 years in this business, we have over 90 years experience,
accumulated total, in the chief executive officer, president, and
general manager in the construction and architectural fields. While
Austin is our home, we do work in other areas of Texas and only have
to be asked to bid or work in other areas for us to respond.
In the past we have worked for a select group of owners, developers,
and architects. We now seek to expand our current market to new
owners, developers, and architects, who we would like to get to know
and work with in this area. Wd, like most general contractors in
this area, are concerned with growth, overbuilding, and maintaining
integrity in the construction market place. We are aware of the
current problems in dealing with'the City of Austin Building
Inspection,-Office-of-land Development Services, Fire Department,
Water and Wastewater Department and Greenspace Department. But we
have confidence that these problems are temporary and will be
eleviated in the near future. These problems are not so great that
they can not be handled with appropriate negociations and diligence
on the part of the architects, engineers, and general contractors.
Austin is a beautiful city with a lot of promise for industry of all
kinds and varieties. We are eager to approach this market with our
own expertise and to assist you and your organization in it's
building needs. We offer reliability, dependability and experience
in all types and phases of construction. We are a service
organization, and we maintain a level of professionalism available
for this needs of the construction industry.
GAG:kl .
Sincerely,
George A. usick
General Manager
VARA CONSTRUCTION P.O. Box 9528 Au,tin, TX 78766 (512) 244-6666
A M E R I C A N I N S T I T U T E O F A R C H I T E C T S
SUBMITTED TO
ADDRESS:
AL4 Document A305
Contractor's Qualification Statement
• 1986 EDITION
This form is approved and recommended by The American Institute of Architects
(AIA) and The Associated General Contractors of America (AGC) for use in evaluat-
ing the qualifications of contractors. No endorsement of the submitting party or
verification of the information is made by the AIA or AGG - -
The Undersigned .certifies under oath that the information provided herein is true and suffi-
ciently complete so as not to be misleading.
SUBMITTED BY: - Corporations
NAME. Bert Sneed, Inc. , dba Vara Construction Cornoany Partnership ' G
ADDRESS: 12719 Burnet Road, Individual G
PRINCIPAL OFFICE.. • Austin, Texas Joint Venture C
Other G
NAME OF PROJECT (if applicable)
TYPE OF WORK (file separate form for each Classification of Work):
X General Construction
Plumbing
Other
(please specify)
Copyright 1964, 1969, 1979, C 1986 by The Mtcrican Institute of Architects, 1/35 Near York Avenue. N U ., washing
ton. D.C. 20(06. Reproducnon of the material herein or substantial quotnion of its provisions without w riven permission
of the AIA violates the atm tight laws of the Untied States and will he subject to legal prosecution
MA DOCUMENT A305 • CONTRACTOR S QUAI IFICATION STATEMENT • 1986 EDITION • AIA' • ()196
THE AMERICAN INSTITUTE OF ARCHITECTS, 1 - 35 NEST YORK AVENUE. Nsx', tY ASIIINGTON D t: 20000
HV•AC
Electrical
A305-1986 1
1. ORGANIZATION
1.1 How many years has your organization been in business as a Contractor
16 years
1.2 How many years has your organization been in business under its present business name?
16 years
1.2.1 Linder what other or former names has your organization operated?
Haberman Construction Company
1.3 If your organization is a corporation, answer the following:
1.3.1 Date of incorporation: 0 2/ 2 9/ 80 •
1.3.2 State of incorporation: Texas
1.3.3 President's name• David Rupley
1.3.4 Vice-president's name(s):
Chief Executive Officer — Bert W. Speed
•
1.3.5 Secretary's name: Kay Speed
1.3.6 Treasurer's name: Kay Speed
1.4 If your organization is a partnership, answer the following:
1.4.1 . Date of organization:
1.4.2 Type of partnership (if applicable):
1.4.3 Name(s) of general partner(s):
N /A
1.5 . If your organization is individually owned, answer the following:
1.5.1 Date of organization:
1.5.2 Name of owner:
N/A
• AM DOCUMENT A305 • CONTRACTOR'S Q1 ALIFICA1 ION STATEMENT • 1 )Rb EDITION • AIA° • (DI9R
TIIE AMERICAN INSTITUTE OF ARCHITECTS. 1755 NEW YORK AVENUE. NAY., WASHINGTON. D C. 20006 A305-1986 2
1.6 If the form of your organization is other than those listed above, describe it and name the principals.
2. LICENSING
2 1 List jurisdictions and trade categories in which your organization is legally qualified to do business,
and indicate registration or license numbers, if applicable.
Texas
Texas
AIA DOCUMENT A305 • CONTRACTOR'S QUALIFICATION STATEMENT • 191K EDITION • AIA. • alSRt
• THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N R'., WASHINGTON. D C 200116
2.2 List jurisdictions in which your organization's partnership or trade name is tiled
3. EXPERIENCE
3.1 List the categories of work that your organization normally performs with its own forces.
Site grading, excavation, forming, placing, reinforcing,
steel, rough carpentry, trim carpentry. These tasks are
primarily done in the following areas: foundation, park—
ing areas, sidewalks, retaining wall, wall panels, and
finish —out work. We also do cabinet work and finish
carpentry.
3.2 Claims and Suits. (If the answer to any of the questions below is yes, please attach details.)
3.2.1 Has your organization ever failed to complete any work awarded to it?
NO
3.2.2 Are there any judgments, claims, arbitration proceedings or suns pending or outstanding
against your organization or its officers?
NO
3.2.3 Has your organization filed any law suits or requested arbitration with regard to construc-
tion contracts within the last five years?
NO
3.3 Within the last five years, has any officer or principal of your organization ever been an officer or
principal of another organization when it failed to complete a construction contract? (If the answer is
yes, please attach details) NO
A305 -1986 3
4. REFERENCES
3.4 On a separate sheet, list major construction projects your organization has in progress. giving the
name of project, owner, architect, contract amount, percent complete and scheduled completion
date. see Exhibit "A" ∎-
3.4 1 State total worth of work in progress and under contract:
see Exhibit "A"
3.5 On a separate sheet, list the major projects your organization has completed in the past five years,
giving the name of project, owner, architect, contract amount, date of completion and percentage of
the cost of the work performed with your own forces.
3.5.1 State average annnual'aoourit 01 r ccon work performed during the past five years:
• see Exhibit "A"
3.6 On a separate sheet, list the construction experience and present commitments of the key individ-
uals of your organization.
4.1 Trade References:
4.3 Surety:
4.3.1
see Exhibit "B"
1) Capital Aggregates, P. 0. Box'6230, Austin, Texas 78762
2) Comfort Mechanical, 3312 Duke Rd, Austin, Texas 78724
3) M. B. Electric, P. O. Box 668, Pflugerville, Texas 73660
4) Alamo Steel, P. 0. Box 86, Waco, Texas 76703
5) S. M. Sanders Steel, P. 0. Box 10272, Austin, Texas 78766
6) Floyd's Glass, 1604 07. 2nd St., Taylor, Texas 76574
4.2 Bank References:
Guaranty National Bank
10711 Burnet Road
Austin, Texas ,
(512)836 -6622
Name of bonding company:
Security National Insurance Company
4.3.2 Name and address of agent:
Noel Greaves and Strother, Inc.
P. 0. Box 190288
Dallas, Texas 75219 -0288
AIA DOCUMENT A305 • CONTRACTORS QUALIFICATION STATEMENT • 1986 EDITION • AIAS • a.'IYHO
• THE AMERICAN INSTITUTE OF ARCHITECTS. 1755 NEW YORK AVENUE. N W , 'TASIIINC,T'ON, D C 20005
A305 -1986 4
6. SIGNATURE
6.1 Dated at
6.2
this /5 day.nf
1 $
Name of Organization: Bert Speed Inc . , dba Vara Construction Company
By:
Georg A. Gusick
Tide: General Manager
1f r. `E — ei being
duly sworn deposes and say's that the information provided herein is true and sufficiently complete so as not to be
misleading. -
Subscribed and sworn before me this
�I!
• ' •'i74tary Public:
19 87
My Commission Expires: j/ 30/87 •
k A 2y 1V 0`l- --
I
I • ,
AIA DOCUMENT A305 • CONTRACTOR'S QUALIFICATION STATEMENT • 15811 EDITION • AIA• • C/ R)R(t
• TIIE AMERICAN INSTITUTE OF ARCHITECTS, I NEV YORK AVENUE, NW. \%ASIIINGTON, D C. 20016
day of
A305 -1986 6
Bert Speed, Inc. dba Vara Construction Company
EXHIBIT "A"
PROJECT NAME: Clampitt Paper Company
ADDRESS: 4901 Winnebago lane
Austin, Texas
OWNERS: Clampitt Paper Company
ARCHITECT: Design /Build by Bert Speed Inc. dba
Vara Construction Company
CONTRACT AMOUNT: $ 1,190,000
CONSTRUCTION DATES: December 1986 through present, scheduled
completion July 1.
BRIEF DISCRIPTION AND TYPE CONSTRUCTION: -
Warehouse building with extensive fire safety devices include
. Building is a concrete tiltwall construction with structual steel
frame. Total square footage of building is 57,000 s.f. with offic
space of approximately 7900 s.f..
PROJECT NAME: Republic Bank N.W. Austin
ADDRESS: 13730 U.S. Hwy 183
Austin, Texas
OWNERS: Republic Properties of Texas - Dallas, Texas
ARCHITECT: Ford, Powell & Carson - San'Antonio, Texas
CONTRACT AMOUNT: $ 1,070
CONSTRUCTION DATES: August 1985 through May 1986
BRIEF DISCRIPTION AND TYPE CONSTRUCTION:
Bank building with extensive and special finish items require
All normal security items, drive -up area, granite counters, double
entrance, marble entrance lobby with clerestory windows. Approxi-
- mately 10,000 total building area. Building has steel frame
structure with masonry veneer.
PROJECT NAME:
ADDRESS:
OWNERS:
ARCHITECT:
CONTRACT AMOUNT: $ 1,252,700
CONSTRUCTION DATES: Completed in August 1985
BRIEF DISCRIPTION AND TYPE CONSTRUCTION:
Page 1 - April 8, 1987
Kramer - Denton Office /Showroom Phases III & IV
2120 & 2210 Denton Drive
Austin, Texas
Industrial Properties Corporation - Dallas, Te
Cook - Herman, Inc. - Dallas, Texas
Bert Speed, Inc. dba Vara Construction Company
Two buildings basically identical approximately 35,000 s.f.
each. These buildings were built for leasing for use as either
offices or showrooms. The buildings are concrete tiltwall
construction with steel struct re.
PROJECT NAME:
ADDRESS:
OWNERS:
ARCHITECT:
CONTRACT AMOUNT: $ 780,000
Vara Office Building
12719 Burnet Road
Austin, Texas
Texas Heritage Joint Venture II
Gill, Spencer & Powell - Round Rock, Texas
CONSTRUCTION DATES: Completed in November 1984
BRIEF DISCRIPTION AND TYPE CONSTRUCTION:
Building was built for the use of the Vara Companies included
many specialized finished areas. Basic steel structure with white
limestone masonry (native to this region), four fireplaces,
considerable interior wood finishes, balconies, screened porch,
wooden staircases, cedar paneling, tin ceilings, long grain yellow
pine, ceiling fans, bead board paneling and ceilings. Building is,
two story with approximatly 4,200 s.f. in each level.
PROJECT NAME:
ADDRESS:
OWNERS:
ARCHITECT:
CONTRACT AMOUNT: $ 790,500
PROJECT NAME:
ADDRESS:
OWNERS:
ARCHITECT:
CONTRACT AMOUNT: $ 875,600
Kramer- Denton'Office /Warehouse Phase II
2200 Denton :Drive
Austin, Texas
Industrial Properties Corporation - Dallas, Te
Cook - Herman, Inc. - Dallas, Texas
CONSTRUCTION DATES: Completed in December 1984
• BRIEF DISCRIPTION AND TYPE CONSTRUCTION:
This building is approximately 55,000 s.f. built for use as
office or warehouse. Construction was concrete tiltwall with ste
structure. Due to its size and proposed use, fire sprinkler syste
was installed, Second phase of four phases.
Denton Center - Office /Showroom
2101 Denton Drive
Austin, Texas
Denton Drive Joint Venture - Austin, Texas
Gill, Spencer & Powell - Round Rock, Texas
Page 2 - April 8, 1987
•
Bert Speed, Inc. dba Vara Construction Company
CONSTRUCTION DATES: Completed in August 1984
BRIEF DISCRIPTION AND TYPE CONSTRUCTION:
Building is approximatly 30,000 s.f. constructed for leasing
• use as an office or showroom. Building has a steel structure with
concrete tiltwall panels rear and front and two sides of masonry.
PROJECT NAME:
ADDRESS:
OWNERS:
ARCHITECT:
CONTRACT AMOUNT: $ 350,000
CONSTRUCTION DATES: Completed in May 1984
BRIEF DISCRIPTION AND TYPE CONSTRUCTION:
Warehouse building with concrete tiltwall construction with
steel structure. Building approximately 19,000 s.f..
PROJECT NAME: Kramer - Denton Office /Warehouse Phase I
ADDRESS: 2200 Denton Drive
Austin, Texas
OWNERS: Industrial Properties Corporation - Dallas, Te
ARCHITECT: Cook - Herman, Inc. - Dallas, Texas
CONTRACT AMOUNT: $ 860,350
CONSTRUCTION DATES: Completed in June 1984
BRIEF DISCRIPTION AND TYPE CONSTRUCTION:
This building is approximately 55,000 s.f. built for use as
office or warehouse. Construction was concrete tiltwall with ste
structure. Due to its size and proposed use, fire sprinkler syste
was installed
PROJECT NAME:
ADDRESS:
OWNERS:
ARCHITECT:
Ray Gill Warehouse
1900 Texas Avenue '
Round Rock, Texas
Ray Gill and Associates - Round Rock, Texas
Gill, Spencer & Powell - Round Rock, Texas
Hyridge Office Building
8760 Mopac - North
Austin, Texas
H & C Joint Venture - Dallas, Texas
Gill, Spencer & Powell - Round Rock, Texas
CONTRACT AMOUNT: $ 1,118,200
CONSTRUCTION DATES: Completion January 1984
Page 3 - April 8, 1987
,' a
- F —• .�- s...c,.....ro i.. -..
Bert Speed, Inc. dba Vara Construction Company
BRIEF DISCRIPTION AND TYPE CONSTRUCTION:
This Building is a three story office building, atrium inside
that opens to the third floor with balconies and foilage in atrium
Each floor is approximately 10,000 s.f. for a total footage of 30,
PROJECT NAME:
ADDRESS:
% OWNERS:
'ARCHITECT:
Broadway Business Park VI
9901 Broadway Blvd.
San Antonio, Texas
CONTRACT AMOUNT: $ 670,000
Industrial Properties Corporation
Downing & Associates - Dallas, Texas
CONSTRUCTION DATES: Completed in December 1983
BRIEF DISCRIPTION AND TYPE CONSTRUCTION:'
This building is constructed for use as a retail center. The
building is approxomately 47,000 s.f. constructed of concrete
tiltwall and steel structure.
PROJECT NAME:
ADDRESS:
OWNERS:
ARCHITECT:
CONTRACT AMOUNT: $ 625,000•.
PROJECT NAME:
ADDRESS: •
OWNERS:
ARCHITECT:,
Merriltown Square Shopping Center
15000 Burnet Road at Bratton Lane
Austin, Texas •
Bratton Lane. Joint Venture - Round Rock, Texas
Gill, Spencer.: & - Powell - - `Round - Rock, Texas
CONSTRUCTION DATES: Completion November 1983
BRIEF DISCRIPTION AND TYPE CONSTRUCTION:
Typical strip shopping center with bank and convenience store
tenants and other leasing space availble. Total building square
footage is 32,000 s.f.
Tellabs Phases III & IV
601 Jeffery Lane
Round Rock, Texas
Tellabs of Texas, Inc.
Ray Gill & Associates - Round Rock, Texas
CONTRACT AMOUNT: $ 1,313,000
CONSTRUCTION DATES: Completion October 1983
BRIEF DISCRIPTION AND TYPE CONSTRUCTION:
Page 4 - April 8, 1987
' Bert Speed, Inc. dba Vara Construction Company
Latest of four phases for this light manufacturing company.
Building has steel structure with concrete tiltwall construction.
Interior finished with drop ceilings and drywall, some offices and
employee cafeteria.
PROJECT NAME:
ADDRESS:
OWNERS:
ARCHITECT:
CONTRACT AMOUNT: $ 657,000
CONSTRUCTION DATES: Completed in June 1983
BRIEF DISCRIPTION AND TYPE CONSTRUCTION:
Building constructed in old Texas style of white limestone -
masonry with cedar roof at front entry and exposed beams. Rear of
building is concrete tiltwall panels, with structural steel frame.
Approximately 24,000 s.f.. Building is used for a variety of reta
establishments.
PROJECT NAME:
ADDRESS:
OWNERS:
ARCHITECT:
CONTRACT AMOUNT: $ 1,937',8.70
CONSTRUCTION DATES: Completed in June 1983
BRIEF DISCRIPTION AND TYPE CONSTRUCTION:
Three story office building with the first floor occupant bei
the Bank. The building is constructed of masonry with a structura
steel frame.
PROJECT NAME:
ADDRESS:
OWNERS:
ARCHITECT:
Texas Heritage Retail Center
12804 Burnet Road
Austin, Texas
Texas Heritage Joint Venture I
Ray Gill & Associates
Guaranty National Bank Building
10711 Burnet Road
Austin, Texas '
GNB Joint Venture - Austin, Texas
Ray Gill &'Ass.ociates'= - Round Rock, Texas
CONTRACT AMOUNT: $ 1,240,900
Research Square - Retail Center
10435 Burnet Road
Austin, Texas
Research Square Joint Venture - Austin, Texas
Ray Gill & Associates - Round Rock, Texas
CONSTRUCTION DATES: Completed in October 1982
Page 5 - April 8,•1987
Bert Speed, Inc. dba Vara Construction Company
BRIEF DISCRIPTION AND TYPE CONSTRUCTION:
This building is largely a retail center comprising a variety
businesses. The building is approximately 65,000 s.f. constructed
concrete tiltwall panels and steel structure.
PROJECT NAME:
ADDRESS:
OWNERS:
ARCHITECT:
CONTRACT AMOUNT: $ 1,166,000
CONSTRUCTION DATES: Completed in May 1982
BRIEF DISCRIPTION AND TYPE CONSTRUCTION:
Approximately 45,000 s.f. building, constructed of concrete
tiltwall with steel structure. Building is used as a machine shop
Some,special structural requirements were used in the construction
this building based on its use, along with interior office finish-
PROJECT NAME: Tellabs Phase II
ADDRESS: 601 Jeffery Lane
Round Rock,,Texas
OWNERS: Tellabs of Texas, Inc.
ARCHITECT: Ray Gill & Associates - Round Rock, Texas
CONTRACT AMOUNT: $ 669,500
McDonalds Machine & Tool
6506 Bolm Road
Austin, Texas
Dan McDonald - Austin, Texas
Bill Cook & Associates - Dallas, Texas
CONSTRUCTION DATES: Completion May 1982
BRIEF DISCRIPTION AND TYPE CONSTRUCTION:
Second of four phases for this light manufacturing company.
Building has steel structure with concrete tiltwall construction.
Interior finished with drop ceilings and drywall, some offices and
employee cafeteria.
PROJECT NAME: Longhorn Business Park IV
ADDRESS: 3007.Longhorn Blvd.
Austin, Texas
Industrial Properties Corporation - Dallas, Te
Downing & Associates - Dallas, Texas
OWNERS:
'ARCHITECT:
CONTRACT AMOUNT: $ 626,560
CONSTRUCTION DATES: Completed in August 1981
Page 6 - April 8, 1987
I
1
d
Bert Speed, Inc. dba Vara Construction Company
BRIEF DISCRIPTION AND TYPE CONSTRUCTION:
Building is approximately 44,300 s.f. used for.office &
showroom. Building is constructed of masonry on three sides with
concrete tiltwalls in rear with structural steel frame.
PROJECT NAME:
ADDRESS:
OWNERS:
ARCHITECT:
CONTRACT AMOUNT: $ 667,700
CONSTRUCTION DATES: Completion May 1981
BRIEF DISCRIPTION AND TYPE CONSTRUCTION:
First of four phases for this light manufacturing company.
Building has steel structure with concrete tiltwall construction.
Interior finished with drop ceilings and drywall, some offices and
employee cafeteria.
PROJECT NAME: Scobey's Moving and Storage - office & Warehou
ADDRESS: 10605 Delta Drive
Austin, Texas
OWNERS: Charles S. Nelson -
ARCHITECT: Johnson, Dempsey & Associates Inc.
CONTRACT AMOUNT: $ 830,000
CONSTRUCTION DATES: Completed in March 1981
BRIEF DISCRIPTION AND TYPE CONSTRUCTION:
Approximately 200,000 s.f of warehouse and office space for u
by this owner. Included was fire sprinkler system and underground
gas and truck wash station.
PROJECT NAME:
ADDRESS:
OWNERS:
ARCHITECT:
Tellabs Phase I
601 Jeffery Lane
- Round Rock, Texas
Tellabs of Texas, Inc.
'Ray Gill & Associates - Round Rock, Texas
Tom Thumb - Page '
7100 U.S. Hwy 290 West
Austin, Texas
Cullum Company - Dallas, Texas
John R. Thompson - Dallas, Texas
CONTRACT AMOUNT: $ 1,426,931
CONSTRUCTION DATES: Completed in July
BRIEF DISCRIPTION AND TYPE CONSTRUCTION:
Page 7 - April 8, 1987
1980
Bert Speed, Inc. dba Vara Construction Company
Typical supermarket /grocery store /drug store. Square footage
approximately 200,000 s.f.. Construction is steel structure with
concrete tiltwall panels.
PROJECT NAME:
ADDRESS:
OWNERS:
ARCHITECT:
PROJECT NAME:
ADDRESS:
OWNERS:
ARCHITECT:
Longhorn Business Park II
2800 Longhorn blvd.
Austin, Texas
LBP II•Joint Venture - Austin, Texas
Ray Gill & Associates - Round Rock, Texas
CONTRACT AMOUNT: $ 333,134
CONSTRUCTION DATES: Completed in February 1980
BRIEF DISCRIPTION AND TYPE CONSTRUCTION: '
Building is approximately 41,300 s.f. used for office &
showroom. Building is constructed of masonry on three sides with
concrete tiltwalls in rear with structural steel frame.
CONTRACT AMOUNT: $ 333;124
CONSTRUCTION DATES: Completed in January 1980
BRIEF DISCRIPTION AND TYPE CONSTRUCTION:
Two 14,500 s.f. buildings for use as•smail offices and limite
warehouse space. Buildings are constructed of concrete tiltwalls
steel structure.
PROJECT NAME: Brockton Business Center
ADDRESS: 2511 Brocton Drive
Austin, Texas
CONTRACT AMOUNT: $ 3,313,611
Office and Warehouse
16309 Metric lane
Austin, Texas
KMS Warehouse Lmt. #1,
Bill Cook & Associates - Dallas, Texas
CONSTRUCTION DATES: Completed in November 1979
BRIEF DISCRIPTION AND TYPE CONSTRUCTION:
Building is approximately 106,500 s.f. of office space built
use by the International Business Machine Corporation. Constructe
with concrete tiltwall panels and steel structure. The entire
building was finished out to IBM specifications, used for offices.
Page 8 - April 8, 1987
Bert Speed, Inc. dba Vara Construction Company '
PROJECT NAME: Office and Warehouse for Abel Interiors & Stat
ADDRESS: 10300 Metric Drive
Austin, Texas
OWNERS: Abel Stationers
ARCHITECT: Kirby Perry'A.I.A.
CONTRACT AMOUNT: $ 1,433,000
CONSTRUCTION DATES: Completed in December 1979
BRIEF DISCRIPTION AND TYPE CONSTRUCTION:
- Approximately 65,000 s.f. of first floor warehouse and office
A 20,000 s.f mezanine on front portion of this building with
staircase exposed to view with glass storefront from ground level
roof.
PROJECT NAME :• Longhorn Business Park III
ADDRESS: 3006 Longhorn Blvd.
Austin, Texas
OWNERS: Industrial Properties Corporation - Dallas, Te
ARCHITECT: Downing & Associates - Dallas, Texas
CONTRACT AMOUNT: $ 587,900
CONSTRUCTION DATES: Completed in October 1979
BRIEF DISCRIPTION AND TYPE CONSTRUCTION:
Building is approximately 50,000 s.f. used for office &
showroom. Building is constructed of masonry on three sides with
concrete tiltwalls in rear with structural steel frame.
PROJECT NAME:
ADDRESS:
OWNERS:
ARCHITECT:
CONTRACT AMOUNT: $ 280,000
Broadway Business Park IV
9815 Broadway Blvd.
San Antonio, Texas
Industrial Properties Corporation
Downing & Associates - Dallas, Texas
CONSTRUCTION DATES: Completed in September 1979
BRIEF DISCRIPTION AND TYPE CONSTRUCTION:
Building is approximately 27,500 s.f. use predominantly for
retail sales. Construction is concrete tiltwall with structural
steel frame.
Page 9 - April 8, 1987
Bert Speed, Inc. dba Vara Construction Company
PROJECT NAME:
ADDRESS:
OWNERS:
ARCHITECT:
CONTRACT AMOUNT: $ 455,465
Broadway Business Park V
2415 Brockton Blvd.
San Antonio, Texas
Industrial Properties Corporation
Downing & Associates - Dallas, Texas
CONSTRUCTION DATES: Completed in September 1979
BRIEF DISCRIPTION AND TYPE CONSTRUCTION:
Building is approximately 47,800 s.f. use predominantly for
retail sales. Construction is concrete tiltwall with structural
steel frame.
PROJECT NAME: National Bank of Commerce
ADDRESS: 10400 Research Blvd.
Austin, Texas
OWNERS: National Bank of Commerce
ARCHITECT: Ray Gill & Associates - Round Rock, Texas
CONTRACT AMOUNT: $ 525,000
CONSTRUCTION DATES: Completed September 1979
BRIEF DISCRIPTION AND TYPE CONSTRUCTION:
Approximately 10,000 s.f. bank building. Building is concret
tiltwall construction with steel structure. Included was interior
finish of lobby and offices with several built in items.
Page 10 - April 8, 1987
EXHIBIT "B"
Chief Executive Officer - Bert W. Speed has been in the construction
business for over fifty years. His company in Dallas, Mobley -Speed
Cement Contractors, has done concrete finishing in all parts of the '
country and continues to be one of the top five concrete sub-
contractors in the nation. Thus, his knowledge and technical
expertise has been one of the major assets of Bert Speed, Inc.
President - David Rupley has been in construction for over 25 years,
acting as General Manager for Mobley -Speed Cement Contractors
involving concrete finishing in all parts of the country. His
company, Rupley- Speed, Inc., specializes in "turn -key" concrete
foundations, slabs, panels in the north Texas area. Thusly, his
expertise is also an asset.
General Manager - George A. Gusick has been in the construction
business for 16 years with Mobley- Speed, Rupley -Speed organizations
and has traveled extensively with them in capacity as project
.manager. He has been General Manager for Bert Speed, Inc., for 5
,:years. His knowledge and expertise are another asset to this company.
Ih addition, Bert Speed, Inc. has the, support personnel to handle
day -to -day project management as well as four superintendants in the
field, all of whom have been with the company for over five years.
DATE: August 8, 1988
SUBJECT: Council Agenda, August 11, 1988
ITEM: 11G. Consider a resolution authorizing the Mayor to enter
into a contract with Vara Construction Company for sidewalk
improvements.
STAFF RESOURCE PERSON: Jim Nuse
STAFF RECOMMENDATION: On August 2, 1988, eight bids were received for
the construction of sidewalk improvements at
various locations. One bid was considered non-
responsive due to a personnel check in lieu of
a bid bond. Approximately 16,250 square feet
of sidewalk will be laid at various locations.
Vara Construction was the lowest and best bidder
and Pubic Works recommends award to Vara.
ECONOMIC IMPACT:
CITY OF
Vara Colidre& *O
ROUND ROCK /14/9
PUt3LIC WORKS
PROJ ECT
SIDEWALK
1988 CIP
IMPROVEMENTS
SPECIFICATIONS AND
CONTRACT DOCUMENTS
Section
1.0
2.0
3.0
4.0
5.0
6.0
1988 C.I.P. SIDEWALK IMPROVEMENTS
Table of Contents
Description Page
Notice to Bidders NB -1
Bid Documents BD -1
Post Bid Documents• PBD -1
General Conditions GC -1
Special Conditions SC -1
Technical Specifications T -1
NOTICE TO BIDDERS
Sealed proposals addressed to the City Manager,
City of Round Rock, 221 East Main Street, Round Rock,
Texas 78664, for furnishing all labor, material and
equipment and performing all work required for the
project titled 1988 C.I.P. Sidewalk Improvements
(project involves constructing approximately 5500
linear feet of sidewalks at various locations in the
City of Round Rock) will be received until Tuesday,
August 2, 1988 at 2:00 p.m. then publicly opened and
read aloud. No bids may be withdrawn after the
scheduled opening time. Any bids received after
scheduled bid opening time will be returned unopened.
Bids must be submitted on City of Round Rock
proposal forms and must be accompanied by an acceptable
bid security, payable to the City of Round Rock Texas,
equal to five percent (5%) of the total bid amount.
Plans, Proposal Forms, Specifications, and Instructions
to Bidders may be obtained from the Department of
Public Works, 300 South Blair, in Round Rock, Texas
beginning July 21, 1988 for a nonrefundable charge of
ten dollars ($10.00) per set.
In case of ambiguity, duplication, or obscurity in
the bids, the City of Round Rock reserves the right to
construe the meaning thereof. The City of Round Rock
further reserves the right to reject any or all bids
and waive formalitites and irregularities in the bids
received.
The successful bidder will be expected to execute
the standard contract prepared by the City of Round
Rock, and to furnish performance and payment bonds as
described in the bid documents.
Pub. Dates:
July 18, 1988
July 25, 1988
August 01, 1988
JOANNE LAND
City Secretary
City of Round Rock
2.
BID DOCUMENTS
INSTRUCTIONS TO BIDDERS
1. Prior to submitting any proposal, bidders are required to
read the plans, specifications, proposal, contract and bond
forms carefully; to inform themselves by their independent
research, test and investigations of the difficulties to be
encountered and judge for themselves of the accessibility of
the work and all attending circumstances affecting the cost
of doing the workland the time required for its completion
and obtain all information required to make an intelligent
proposal.
2. Should the bidder find discrepancies in, or omissions from,
the plans, specifications, or other documents, or should he
be in doubt as to their meaning, he should notify at once
the Engineer and o btain clarification or addendum prior to
submitting any bid.
3. It shall be the responsibility of the bidder to see that'his
bid is received Iat the place and time named in the
Invitation to Bidders. Bids received after closing time will
be returned unopened.
4. Bids shall be submitted in sealed envelopes plainly marked
"Sealed Bid" and showing the name of the project, the job
number, and the opening date and time.
5. Bids shall be submitted on proposal forms furnished by the
City of Round Rock
6. All proposals shall be accompanied by a cashier's check upon
a National or State bank in an amount not less than five
percent (5 %) of the total maximum bid price, payable without
recourse to the City of Round Rock, or a bid bond in the
same amount from a reliable surety company, as a guarantee
that the bidder will enter into a contract and execute
performance and payment bonds within ten (10) days after
notice of award oflcontract to him. Proposal guarantees must
be submitted in the same sealed envelope with the proposal.
Proposals submitted without check or bid bonds will not be
considered.
7. All bid securities will promptly be returned to the
respective bidder except that of the top three (3)
successful bidders which the City of Round Rock will hold
until the successful bidder has executed the contract.
Thereafter, the security of the successful bidder will be
returned.
8. Until the award of the contract, the City of Round Rock
reserves the right to reject any and all proposals and to
waive technicalities; to advertise for new proposals; or to
do the work otherwise when the best interest of the City of
Round Rock will be thereby promoted.
BD -1
9. In case of ambiguity or lack of clarity in the statement of
prices in the bids, the City of Round Rock reserves the
right to consider the most favorable analysis thereof, or to
reject the bid. Unreasonable (or unbalanced) p r i c e s
submitted in a bid may result in rejection of such bid or
other bids.
10. Award of the contract, if awarded, will be made within
thirty (30) days after opening of the proposals, and no
bidder may withdraw his proposal within said thirty (30)
day period of time unless a prior award is made.
11. Within ten (10) days after written notification of award of
the contract, the successful bidder must furnish a
satisfactory performance bond in the amount of one - hundred
percent (100 %) of the total contract price and a
satisfactory payment bond in such amount, both duly executed
by such bidder as !principal and by a corporate surety duly
authorized to so act under the laws of the State of Texas
and Surety.
12. If the total project amount is less than $25,000.00, the
performance and payment bond requirement will be waived by
the City of Round Rock. Payment will be made following
completion of the work.
13. Failure to execute the construction contract within ten (10)
days of written notification of award or failure to furnish
the surety bond as required, shall be just cause for the
annulment of the award. In case of the annulment of the
award, the proposal guarantee shall become the property of
the City of Round Rock, not as a penalty, but as a
liquidated damage.
14. No contract shall be binding upon the City of Round Rock
until it has been signed by its Mayor after having been duly
authorized to do so by the City Council.
15. The Contractor shall not commence work under this contract
until he has furnished certification of all insurance
required and such has been approved by the City of Round
Rock, nor shall the contractor allow any subcontractor to
commence work 'on his subcontract until proof of all similar
insurance that is required of the subcontractor has been
furnished and approved.
16. Any quantities given in any portion of the contract
documents, including the plans, are estimates only, and the
actual amount of work required may differ somewhat from the
estimates. The basis for the payment shall be the actual
amount of work done and /or material furnished.
BD -2
17. No Texas sales tax shall be included in the prices bid for
work under this contract. This contract is issued by an
organization which is qualified for exemption pursuant to
the provisions of Article 10.04 (h) of the Texas Limited
Sales, Excise and Use Tax Act. The contractor performing
this contract may purchase, rent or lease all materials,
supplies, equipment used or consumed in the performance of
this contract by issuing to his supplier an exemption
certificate complying with State Comptroller's ruling
#95 -0.07. Any such exemption certificate issued by the
contractor in lieu of the tax shall be subject to the
provisions of the State Comptroller's ruling #95 -0.09 as
amended to be effective July 1, 1979.
18. No conditional bids will be accepted.
BD -3
KNOW ALL MEN-BY THESE PRESENTS,
and finely bound unto the
, hereinafter refer-
red to as the "OWNER ", in the penal sum of five percent (5%) of the total -
amount of the bid of the PRINCIPAL submitted to the OWNER, for the work
described below; for the payment of which sum in lawful money of the
United States of America, well! and truly to be made, we bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents. in no case shall the liability of
the SURETY hereunder exceed the sum of $
The CONDITIONS OF THIS OBLIGATION ARE
has submitted the above mentioned bid
the work under the "SPECIFICATIONS FOR
Principal
By; (Seal)
THAT WE
opened at the office of the OWNER on
BID BOND
, as PRINCIPAL and
, as SURETY, and held
SUCH, THAT whereas, said PRINCIPAL
to the OWNER, for construction for
CONSTRUCTION OF
, for which bids are to be
, 19 .
NOW, THEREFORE, if the PRINCIPAL is awarded the contract, and within the
time and manner required underithe heading "Instructions to Bidders ",
after the prescribed forms are presented to him for signature, enters
into a written agreement, substantially in the form contained in the
Specifications, in accordance with the bid and files the town bonds with
the OWNER, one to guarantee Ifaithful performance and the other to
guarantee payment for labor and materials, then this obligation shall be
null and void, otherwise, it shall be and remain in full force and
effect.
In the event suit is brought upon this bond by the OWNER and judgement is
recovered, said SURETY shall pay all costs incurred by the OWNER in such
suit, including a resonable attorney's fee to be fixed by the Court.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of , 19 .
BD-4
Surety
By:
(Seal)
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PROPOSAL BIDDING SHEET
JOB NAME: 1988 C.I.P. Sidewalk Improvements
JOB LOCATION: Round Rock, Williamson County, Texas
OWNER: City of Round Rock, Texas
DATE: August, 1988
Gentlemen:
Pursuant to the foregoing Notice to Contractors and Instructions
to Bidders, the undersigned bidder hereby proposes to do all the work,
to furnish all necessary superintendence, labor, machinery, equipment,
tools, materials insurance and miscellanous items, to complete all the
work on which he bids as provided by the attached supplemental
specifications, and as shown on the :plans for the construction of 1988
C.I.P. Sidewalk Improvements and binds himself on acceptance of this
proposal to execute a contract and bond for completing said project
within the time stated, for the following prices, to wit:
BASE BID
Bid Item Description Unit
Item Quantity Unit and Written Unit Price Price Amount
1. 16,250 S.F. Four inch (4 ") thick
Concrete Sidewalk and
Concrete Sidewalk Ramps,
including mail box adjust-
ments, complete in place,
per Square Foot
- Dollars
and eighty -two ai nts $ 1.826 $29,677.00
six tenths of a Cent
2. 4,200 L.F. Restoration and Re-
vegetation, complete in
place p Linear Foot
for NO
for ONE
Dollars
and eighty -one ancients $ 0.815 $ 3,423.00
five tenths of a Cent
TOTAL BASE BID (Items 1 & 2) $33,100.00
BD -5
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If this proposal is accepted; the undersigned agrees to execute the
contract and provide necessary bonds and insurance certification as
per the Instructions to Bidder and commence work within five (5) days
after written notice to proceed. The undersigned further agrees to
complete the work in full within 45 calendar days after the date of
the written notice to proceed'
The undersigned certifies that the bid prices 'contained in the
proposal have been carefully checked and are submitted as correct and
final. The owner reserves the right to 'eject any or all bids and may
waive any informalities.
Respectfully submitted,
VARA CONSTRUCTION COMPANY
o,-fi(1 444
Title fond
V.
( � W.L.
•
George A. Gusick
General Manager
VARA CONSTRUCTION COMPANN N/A
Name of firm
BID BOND IS ATTACHED. PAYMENT
-P.O. Box 9528, 12719 Burnet Rd.
Austin, Texas 78766
Address
•(512) 244 -7902
Telephone
Secretary, if Contractor
is a Corporation
AND PERFORMANCE BOND COSTS ARE INCULUDED.
BD -6
• JI INFORMATION RFnnrurn OF BIDD R
' (Shall be submitted prior to award of contract. Failure to submit prior to award of
contract shall be cause for rejectionslof bid.)
The bidder is required to surely the ■!aiiowing information.
•
Additional sheets may be attached if necessary.
1 (1) Name Vara Construction Co anv
Bert S eed
onst Co)
' (2) Address P.O. Box 9528 - 12719 Burnet Road Austin Tx 78766
(3) Phone Number (512) 244 - 7902
' (4) Type of Firm:
( ) Individual, ( ); Partnership,
I xx) Corporation
(3) Corporation organized under the laws of the State of
TEXAS
I (6) List the names and addresses of all members of the firm or names
and titles of all officers of the corporation.
' Bert Speed - CEO 4699 Production Dallas, Texas
David Rupley - Vice Pres.
4699 Production'Dallas, Texas
' Kay Speed - Secretary 4699 Production Dallas, Texas
(7) Number of years experience iti �_
11 (8) List at least three (3) projects completed as of recent date:
Contract Amount /Class of Work /Date Completed /Name and Address of
' Owner:
$ SEE ATTACHED AIA A305 form
1
1(9)
1
List the name and address of each subcontractor who will perform
work in or about the work or improvement in excess of one -half
' (1/2) of one (1%) percent of th'e total bid price and indicate
what part of the work will be done by each subcontractor:
Salt Point Foundations 7 Dan Baker Owner - 388 -2851
Redd's Landscape - Wayne Redd owner - 837 -9179
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BD -7
RECEIVED AUG 0 3 1988
(10) Payment of taxes, in the State of
Yes _ No
(11) List all jobs you performed in which a trench failure injury
occurred:
(12) If requested by the Owner, the Bidder shall submit a notarized
financial statement, financial data or other information ra
his current iol and
esfinanciallcondi comprehensive to permit an appraisal
information is accurate and correct to the best of my knowledge.
% � 1,
SignaturN • Title -
George A. Gusick
For:vara Construction Co
BD -8
Date:
General Manager
8 -3 -88
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3.0 POST BID DOCUMENTS
THE STATE OF TEXAS
COUNTY OF WILUAMSON
AGREEMENT
NOWN ALL MEN BY THESE PRESENTS
That this Agreement made and entered into this / / - day of 4a asf-
A.D., 19 $0, by and between the CICY OF ROUND ROCK, TEXAS, it's
Mayor, First Party, hereinafter t rmed Ts Owner, arrl 1/ara Cons�rac �, cn
Cow,ez,, of the City of j U 1 ,County of 'TR4 V J , State of
Texas , Second Party, her termed Contractor.
The Owner agrees to pay the Contractor in current funds, and to
make payments on account, for the performance of the work in
accordance with the Contract, at the prices set forth in the Contractor's
Proposal, subject to additions and deductions, all as provided in the
General Conditions of the Agreement.
The following documents together with this Agreement, comprise
the Contract, and they are as fully a part thereof as if herein repeated
in full:
WZCNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned to be made and performed by said First
Party (Owner), the said Second Party (Contractor) hereby agrees with the
First Party to commence I and complete the construction of certain
improvements at the prices set forth in the Contractor's Proposal dated
/k - I Z, X488
for certain improvements described as follows:
/48 C.2-P c S �e�a / / .Zw e roJe...nends
I
The Contractor shall perform all work shown on the Plans and
deribed in the Specifications and shall meet all requirements of this
Agreement, the General arrll Special Conditions of the Contract and such
Orders and Agreements for Extra Work as may subsequently be entered by
the above named parties to this Agreement.
The Contractor hereby agrees to commence work under this
contract within 5 consecutive calendar days after the date in the Notice
to Proceed given to the Contractor and shall cause work to progress in a
manner satisfactory to the Owner. Such work shall be completed in full
within 45 calendar days after the date of the written Notice to Proceed.
Time is of the essence to this contract.
The Notice to Bidders
The Instructions to Bidders
The Proposal and Bidding Sheets
The Performance & Payment Bonds
The Certificate of Insurance
The General Conditions
of Agreement
The Special Conditions of Agreement
The Technical Specifications
The Special Provisions
Addenda
Change Orders
The Plans
PBD -1
AGREEMENT (CONTINUED)
IN 1•IITNESS WHEREOF the Parties to these presents have executed this Agreement
in the year and day first above written.
ATT
B i i� O/ Y t. e J 4 iY 1 G
Ci y Secretary
PBD -2
CITY OF
MIND ROOJ<, TEXAS, OWNER
By
Mayor
Con / actor
C-� ip eik .
� ENE1AI.. MA-tiAC,Erc.-
1 --The Trinity
'Companies
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BERT SPEED, INC.- DBA VARA CONSTRUCTION COMPANY
KNOW ALL MEN BY THESE PRESENTS: That AND BERT SPEED. INDTVTDNAT, A in TNT VFNTNRIPS
Principal (hereinafter called Principal), and SECURITY NATIONAL INSURANCE COMPANY ,
a corporation organized and existing under the laws of the State of - TEXAS
with its principal office in the City of DALLAS , as Surety (hereinafter called
Surety), are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS , a
corporation organized and existing under the laws of the State of TEXAS , as Obligee
(hereinafter called Obligee), in the amount o4 THIRTY THREE THOUSAND ONE HUNDRED AND NO /inn
Dollars ($ 33, 100.00 ), for the payment whereof Principal and Surety bind themselves, their
heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these pres-
ents. -
' WHEREAS, Principal has by written agreement dated AUGUST 1, 1988 entered into a
subcontract with Obligee for C.I.P. SIDEWALK IMPROVEMENTS , in connec-
tion with Obligee's Contract with THE CITY OF ROUND ROCK, TEXAS, as owner, On the 1988 C.T.P. SIDE-
' WALK IMPROVEMENT Project, in accordance with drawings and specifications prepared by
which subcontract is by reference made a part hereof and
is hereinafter referred to as the subcontract;
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' (2)
1 (3)
NOW, THEREFORE, THE CONDITIOt■ OF THIS OBLIGATION is such that, if Principal shall
promptly and faithfully perform said subcontract, then this obligation shall be null and void; other-
wise it shall remain in full force and effect.
Whenever Principal shall be and be declared by Obligee to be in default under the subcontract,
the Obligee having performed Obligee's obligations thereunder:
Surety may remedy the default subject to the provisions of paragraph (3) herein; or
Obligee after reasonable notice to Surety, or Surety at its option, may arrange for the perfor
mance of Principal's obligation under the subcontract subject to the provisions of
paragraph (3) herein;
The balance of the subcontract price, as defined below, shall be credited against the reason-
able cost of completing performance of the subcontract. If completed by the Obligee and the
reasonable cost exceeds the balance of the subcontract price, the Surety shall pay to the Obli-
gee such excess, but in no event shall the aggregate liability of the Surety exceed the amount
of this bond. If the Surety arranges completion or remedies the default, that portion of the
balance of the subcontract price as may be required to complete the subcontract or remedy
the default and to reimburse the Surety for its outlays shall be paid to the Surety at the times
and in the manner as said sums would have been payable to the Principal had there been no de-
fault under the subcontract. The term "balance of the subcontract price," as used in this para
graph, shall mean the total amount pa by Obligee to Principal under the subcontract and
any amendments or changes thereto, or any claims thereunder, less the amounts theretofore
properly paid by Obligee to Principal under the subcontract.
Any suit under this bond must be instituted before the expiration of 25 months from the date
on which the right of action accrues, but if this provision is prohibited by law then it shall be deemed
to be amended so as to be equal to the minimum period of limitation allowed by law.
Any modifications, additions or alterations which may be made in the terms of the said sub-
contract or in the work to be performed, or the amounts to be paid thereunder, or any extension to
said subcontract, or other forbearance on the part of either Obligee or Principal to the other, shall
not in any way release the Principal and the Surety; or either of them, their heirs, executors, admin-
istrators or assigns, from the liability hereunder, notice to Surety of any such modifications, addi-
tions, extensions or forbearance being hereby expressly waived.
No right of action shall accrue on this bond to or for the use of any person or corporation
other than the Obligee named herein or the successors or assigns of the Obligee.
Witness
Attest:
Signed and sealed this 18th day of
S 4011 (9/87)
(if individual)
poration)
:SEA L . 5
RECEIVED Auo 'L 3 1i8)3
SUBCONTRACT PERFORMANCE BOND
AUGUST , 1938
BERT SPEED, INC. DBA VARA CONSTRUCTION COMPANY
SECURITY NATIONAL IN COMPANY
By: ( / /!1;
Joyce Surghn r Attorney in Fact
(Surety)
Dallas, Texas 75201
LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That TRINITY UNIVERSAL INSURANCE COMPANY and SECURITY NATIONAL INSURANCE COMPANY,
each a Texas Corporation and TRINIT" .111J11LER5AL L ILISIJRANCE E COMP . A OIY W O F N KANSAS E INC., a
Kansas Corporation do hereby appoint Fltl.tfV FI1L t51Jh7, JU DAN FfU Ln U KHH fV
COATES, OR JOYCE SURGHNOR II DALLAS, TEXAS
Its true and lawful Attorney(s)- in- Foct, wit l} full authority to execute on its behalf fidelity and surety bonds
or undertakings and other documents of dddd similar character Issued in the course of Its business, and to
bind the respective company thereby.
EXCEPT NO AUTHORITY IS GRANTED FJR:
1. Open Penalty bonds.
2. Bonds where Attorneys) -In -Fact appear as a party at interest.
IN WITNESS WHEREOF, TRINITY UNI ERSAL INSURANCE COMPANY, SECURITY NATIONAL IN-
SURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., hove each
executed and attested these presents
U DIYYYYYYH E. FAGAN
J , CORP. SECRETARY -VICE PRES. JAMES G. DR WERT, PRESIDENT
AUTHORITY FOR POWER OF ATTORNEY
That TRINITY UNIVERSAL INSURANCE C(iMPANY and SECURITY NATIONAL INSURANCE COMPANY,
each 0 Texas Corporation and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., a Kansas
Corporation, in pursuance of.outhorlry grantdd by thot certain resolution odepted by their respective Board of
Directors on the 1st day of March, 1976 ovd of which the following is a true, full, and complete copy.
"RESOLVED, That the President, any Vice - 'resident, or any Secretory of each of these Companies be and
they ore hereby authorized and empowered to make, execute, and deliver in behalf of these Companies
unto such person or persons residing within the United States of Americo, as they may select, its Power
of Attorney constituting ond appointing eac such person Its Attorney -in -Fact, with full power and author-
ity to make, execute and deliver, for it, Its name and to its behalf, as surety, any particular bond o
undertoking that may be required in the sp ciFied territory, under such limitations and restrictions, both
as to nature of such bonds or undertaking on as to limits of Iiability to be undertaken by these Companies,
as sold Officers may deem proper, the nature of such bonds or undertakings and the limits of liability to
which such Powers of Attorney may be restricted, to be in each instance specified in such Power of
Attorney.
RESOLVED, That any and all Attorneys -in -Fact and Officers of the Companies, including Assistant Secre-
taries, whether or not the Secretary is ahse t, be and are hereby authorized and empowered to certify or
verify of the By -Lows of these Comp noes as well as any resolution of the Directors, having to do
with the execution of bonds, recognizonces, ontracts of Indemnity, and all other writings obligotory in the
nature thereof, or with regard to the powers of any of the officers of these Companies or of Attorneys -in-
Fact.
RESOLVED, That the signature of any of tFe persons described in the foregoing resolution may be fac-
simile signatures as fixed or reproduced by ny form of typing, printing, stamping or other reproduction of
the nomes of the persons hereinabove authorized."
CERTIFICATION OF POWER ATTORNEY
I, Judith E. Fagan, Corp. Secretary of TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL
INSURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC. do hereby
certify that the foregoing Resolution of the Boards of Directors of these Corporations, and the Power
Attorney issued pursuant thereto, are Prue and c and are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set m hand and affixed the facsimile seal of eoch Corporation
TheTrinity
'Companies
this 22NDda of
JULY
19 87.
this 18th day of AUGUST 19 88
JUDITH E. FAGAN, CORP. SECRETARY
B -3804
REV. 3 -82
•
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
PERFORMANCE BOND .
KNOW ALL MEN BY THESE PRESENTS
THAT, of the
City of , County of , and State of
as principal, and
authorized under the laws of the State of Texas to act as surety on bonds for
principals, are held and firmly bound unto the City of Round Rock, Texas, here-
inafter called THE CITY, COUNTY OF WILLIAMSON, TEXAS (Owner), in the penal sum
of Dollars ($ ) for
the payment whereof, the said Principal and Surety bond themselves, and their
heirs, administrators, executors, successors and assigns jointly and severally,
by these presents:
WHEREAS, the Principal has entered into a certain written contract with the
Owner, dated the day of • , 19 , to which contract
is hereby referred to and made a part hereof as fully and to the same extent as
if copies at length herein consisting of:
NOW THEREFORE,_THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal
shall faithfully perform said contract and shall, in all respects, duly and faith-
fully observe and perform all and Singular the convenants, conditions and agreements
in and by said Contract, agreed anc convenanted by the Principal to be observed and
performed, including but not limited to, the repair of any and all defects in said
work occasioned by and resulting from defects in materials furnished by or workman-
ship of, the in performing the work covered by said Contract and occurring
within a period of twelve (12) months from the date of the Contract Completion
Certificate and all other covenants and conditons, according to the true intent
and meaning of said Contract, and the Plans and Specifications hereto annexed, then
remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of -
Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities
on this bond shall be determined in accordance with the provisions of said
Article to the same extent as if it were copies at length herein.
Surety, for value received, stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the contract, or to the work per-
formed thereunder, or the plans, specifications, or drawings accompanying the
same, shall in anywise affect its obligation on this bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to
the terms of the contract, or to the work to be performed thereunder.
PBD - 3
II ..
1
. 11 Principal
'l By
Title
Address
1
...... .
1
1l
1-1
'i
'i
1i
1--1
PERFORMANCE BONO (CONTINUED)
IN WITNESS WHEROF, the said Principal
instrument this day of
and Surety have signed and sealed this
, 19_
PBD - 4
Surety
By
Title
Address'
The name and address of the Resident Agent of Surety is:
•
▪ TheTrinity
• Companies
1
1
1
1
1
1
Witness
Attest:
individual)
f a corporatio
S 4012 (9/87)
SUBCONTRACT LABOR AND MATERIAL PAYMENT BOND
BERT SPEED, INC. DBA VARA CONSTRUCTION COMPANY
KNOW ALL MEN BY THESE PRESENTS: That AND BERT SPEED, INDIVIDUAL A. JOINT VENTUA%S
' Principal (hereinafter called Principal). and SECURITY NATIONAL TNSIIRANCE COMPANY , a
corporation organized and existing under the laws of the State of TEXAS , with its
I principal office in the City of DALLAS as Surety (hereinafter called Surety), are
held and firmly bound unto THE CITY OF ROUND ROCK, .TEXAS , a corporation orga-
nized and existing under the laws of the State bf TEXAS as Obligee (hereinafter called
Obligee), for the use and benefit of claimants as hereinbelow defined, in the amount of
I THIRTY THREE THOUSAND ONE HUNDRED AND NO /100 Dollars ($ 33,100.00 ), for the payment
whereof Principal and Surety bind'themselves,1 their heirs, executors, administrators, successors and as
signs, jointly and severally; firmly by these presents.
' WHEREAS, Principal has by written agreement dated August 2, 1988 entered into a sub-
contract with Obligee for C.I.P. SIDEWALK; IMPROVEMENTS , in Connection
with Obligee's contract with THE CITY OF ROUND ROUND, .TEXAS, as owner, on the 1988 C. I.P.
'
SIDEWALK INPROVProject, in accordance with drawings and specifications prepared by
, which subcontract is by reference made a part hereof and is hereinafter
referred to as the subcontract;
' NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal shall
promptly make payment to all claimants, as hereinafter defined, for all labor and material used or rea
sonably required for use in the performance of the subcontract then this obligation shall be void; other
' wise it shall remain in full force and effect, sljbject, however, to the following conditions:
' (1) A claimant is defined as any party having a direct contract with Principal, or with a subcontrac-
tor or supplier of Principal, for labor,!material, or both, used or reasonably required for use in
the performance of the subcontract (labor and material being construed to include, without limi-
tation, that part of water, gas, power, light, heat, oil, gasoline, telephone service, rental of
equipment, insurance premiums, undelivered specifically fabricated goods, and state and federal
employment taxes and withheld income taxes directly applicable to the subcontract) and shall in-
clude: (a) any party who, under the laws of the state in which the project is situated, may have a
' mechanic's or materialman's lien or right to lien to secure payment of indebtedness owing to such
party arising, directly or indirectly, out of the performance of the subcontract, and (b) any party
who, under the terms of any payment bond posted by Obligee, may have a claim against said
bond.
(2) The above -named Principal and Surety hereby jointly and severally agree with the Obligee that
every claimant, as herein defined, who has not been paid in full before the expiration of a period
of ninety (90) days after the date on which the last of such claimant's work or labor was done or
performed, or materials were furnished by claimant, is a direct beneficiary' of the obligations
created by this bond and may sue on this bond for the use of such claimant, prosecute the suit to
final judgment for such sum or sums as may be justly due claimant, and have execution thereon.
The Obligee shall not be liable for the payment of any costs or expenses of any such suit.
(3) No suit or action shall be commenced hereunder by any claimant
(a) Unless such claimant shall have given written notice to Obligee and either Surety or Prin-
cipal of the amount claimed within: (i) sixty days of the date on which Claimant furnished
for claimant the labor or material which is the subject of the claim, or (ii) the time period
set forth to perfect a lien under applicable lien law or to perfect a claim under the terms
of any bond posted by Obligee, whichever of (1) or (ii) is the longer period of time.
(b) After the expiration of twenty -five (25) months following the date on which Principal
ceased work or furnished the last of its materials on said subcontract, it being understood,
however, that if any limitation embodied in this bond is prohibited by any law controlling
the construction hereof such limitation shall be deemed to be amended so as to be equal to
the minimum period of limitation permitted by such law.
(c) Other than in a state court of competent jurisdiction in and for the county or other politi-
cal subdivision of the state in which the project, or any part thereof, is situated, or in the
United States District Court for the district in which the project, or any part thereof, is
situated,'and not elsewhere.
(4) The amount of this bond, shall be reduced by and to the extent of any payment or payments made
in good faith hereunder.
Signed and sealed this 18th day of
AUGUST
BER1 SPEED, INd., 75SA VARA CONSTRUCTION COMPANY
AND BERT SPEED, INDIVIDUAL A JOINT VENTURE
/b‘<?/4. > i/1 / (Principal)
SECURITY NATIOONAL INSURANCE .COMPANY
1988
By: l /���• iL'�Si� 4,
Joyce Surghdor Attorneyin Fact (Surety)
T
V Companies
Dallas, Texas 75201
LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS
That TRINITY UNIVERSAL INSURANCE COMPANY and SECURITY NATIONAL INSURANCE COMPANY,
each a Texas Corporation and TRINITY . UtLt LIIYR$ AI. INS�RANCE ,AtR a
Kansas Corporation do hereby appoint Ij 111E fSl 11, JU unlf nvWL L KH R IV
COATES, OR JOYCE SURGHNOR - DALLAS, TEXAS
Its true and lawful Attorney(s) -in -Fact, with full authority to execute on its behalf fidelity and surety bonds
or undertakings and other documents of a similar character issued in the course of its business, and to
bind the respective company thereby.
EXCEPT NO AUTHORITY IS GRANTED FOR.
1. Open Penalty bonds.
2. Bonds where Attorneys) -in -Fact appear as o party of interest.
IN WITNESS WHEREOF, TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL IN-
SURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., hove each
executed and attested these presents ,
JUDI H E. FAGAN, CO CRE ARY -VICE PRES. _ JAMES G. DR•WERT, PRESIDENT
this 22NDday of JULY
!JUDITH E. FAGAN, CORP. SECRETARY
19 87.
AUTHORITY FOR POWER OF ATTORNEY
Thor TRINITY UNIVERSAL INSURANCE COMPANY and SECURITY NATIONAL INSURANCE COMPANY,
each a Texas Corporation and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., a Kansas
Corporation, In pursuance of authority granted by that certain resolution odopted by their respective Board of
Directors on the 1st day of March, 1976 and of which the following is a true, full, and complete copy:
"RESOLVED, That the President, any Vice - President, or any Secretary of each of these Companies be and
they are hereby authorized and empowered to make, execute, and deliver in behalf of these Companies
unto such person or persons residing within the United States of Americo, os they may select, Its Power
of Attorney constituting and oppointing each such person Its Attorney -in -Fact, with full power and author-
ity to make, execute and deliver, for It, in its name and in Its behalf, as surety, any particular bond or
undertoking that may be required in the specified territory, under such limitations and restrictions, both
as to nature of such bonds or undertaking and os to limits of liability to be undertaken by these Companies,
as said Officers may deem proper, the nature of such bonds or undertakings and the limits of liability to
which such Powers of Attorney may be restricted, to be in each Instance specified in such Power of
Attorney.
RESOLVED, That any and all Attorneys -in -Fact and Officers of the Companies, including Assistant Secre-
taries, whether or not the Secretary Is absent, be and are hereby authorized and empowered ro certify or
verify copies of the By - Laws of these Companies as well as any resolution of the Directors, having to do
with the execution of bonds, recognizonces, contracts of indemnity, and all other writings obligatory in the
nature thereof, or with regard to the powers of any of the officers of these Companies or of Attorneys -in-
Fact.
RESOLVED, That the signature of any of the persons described in the foregoing resolution may be fac-
simile signotures as fixed or reproduced by any form of typing, printing, stomping or other reproduction of
the names of the persons hereinabove authorized."
CERTIFICATION OF POWER ATTORNEY
I, Judith E. Fagan, Corp. Secretory of TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL
INSURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC. do hereby
certify that the foregoing Resotorian of the Boards of Directors of these Corporations, and the Power
Attorney issued pursuant thereto, ore true and correct and are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each Corporation
this 18th day of AUGUST 19 88
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
THAT,
Principal
By
Title
Address
PAYMENT BOND
The name and addre:. 'f the Resident Agent of Surety is :
PRA- 5
KNOW ALL MEN BY THESE PRESENTS
of the City of
County of and State of
as principal, and
authorized under the laws of the State of Texas to act as surety on bonds for
principals, are held and firmly bound unto THE CITY OF ROUND ROCK, hereinafter
called THE CITY, COUNTY OF WILLIAMSON, TEXAS (OWNER), in the penal sum of
Dollars ($ )
for the payment whereof, the said Principal and Surety bond themselves, and
their heirs, administrators, executors, successors and assigns, jointly and
severally, by these presents: •
WHEREAS, the Principal has entered into a certain written contract with the
Owner, dated the day of , 19 , to which contract.is
hereby referred to and made a part hereof as fully and to the same extent as
if copies at length herein.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, THAT IF THE SAID Prin.; .
cipal shall pay all claimants supplying labor and material to him or a subcon-
tractor in the" of the work provided for in said contract, then, this
obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of
Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities
on this bond shall be determined in accordance with the provisions of and
said Article to the same extent as if it were copied at length herein. •
Surety, for value received, stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the contract, or to the work per-
formed thereunder, or the plans, specifications or drawings accompanying the
same shall in anywise affect its obligation on this bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to
the terms of the contract, or to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed
this Instrument this • day of , 19 ••
Surety
q7O(_ I CERTIFICATE OF INSURANCE
COVERAGES
CERTIFICATE HOLDER
City o6 Round Rock
Pub,Ci -c Wok/24 Dept.
221 E Main St
Round Rock, Texaa 78664
Attn: Danny Ha2den
ACORD353 (11(I
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX
PIRATION DATE THEREOF, THE ISSUING COMPANY WILL,
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES
AUTHORIZED REPRESENTATIVE
O BR/Amu? COR 91,s ,,
PRODUCER
INSURED
Iti tenman S IU.i,GGuunan, Inc.
P. D. 8oz 515299
Va.U.a&, Teza4 15251 - 5299
Yana Con4tnuetion Company
P. 0. Box 10144
DaLta4, Texn4 15207
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,
NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI-
TIONS OF SUCH POLICIES.
LTA CA TYPE OF INSURANCE
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE n0CCURAENCE
OWNER'S 0 CONTRACTORS PROTECTIVE
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
GARAGE LIABILITY
EXCESS LIABILITY
OTHER THAN UMBRELLA FORM
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
OTHER
&.i f dut' 4 Ri.dh
Alt Usk Foam
13�.ltdeC -
:Li
POLICY NUMBER
EPA81O58216
8UA883321091 -
112822624365
MSF6008335
ERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
ND HTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
LETTER A
4,wnirann OprPh2F T MJSUhnsP• MA
COMPANY
LETTER B Malin(Enl Sooty Cr,*
COMPANY C
LETTER
COMPA
LETTER NY p
COMPANY E
LETTER
DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES /RESTRICTIONS /SPECIAL ITEMS
Re: 1988 CIP Sidewalk Tmpxovement
POLICY EFFECTIVE
DATE IMM/ODMT
11 -02 -87
06 -22 -88
11 -02 -87
11 -02 -81
10 -37 -86
COMPANIES AFFORDING COVERAGE
POLICY EXPIMTON
DATE (MAVODEM
11 -0 - 88
12 -22 -88
11 -02 -88
11 -02 -88
GENERAL AGGREGATE
EACH OCCURRENCE
CSL
BODILY
DiJURY
PER PERSOY)
BODILY
I I �P N PJE JURY
ACD0ENT)
PAOPERTY
DAMAGE
$
SSUE DATE (MM/DD/YY)
8 -9 -88 ce
ALL LIMITS IN THOUSANDS
PRODUCTS-COLW;OPS AGGREGATE
PERSONAL 1 ADVERTISING INJURY
FIRE OA AG (ANY ONE FIRE)
EOICAL EXPENSE (ANY ONE PERSON)
$
$
$
OCCURR
$
AGGREGATE
STATUTORY - _
$ 500
$ 500 (DISEASE POLICY LIMIT)
500
)EACH ACCIDENT)
(DISEASE EACH EMPLOYEE)
2,000,000 Any One Job
10 -31 -88 $6,000,000 Any CRC Occwvs
$1,000 Ded. At t. Pe-ui14
Except $2;500 The 6 V154
TYPE OF
INSURANCE
POLICY
NO.
EFFECTIVE
. DATE ..
EXPIRATION
.. DATE....
.
.LIMITS.OF LIABILITY
Workmen's
Compensation
•
-•
Statutory, State of •
Texas, $
Employer'.s Liability
Comprehensive
General
Liability
Includes
Contractual
-- - -- Liability •
Covers
! Independent
Contractors
Owner's s
Protective
.
• -. -
.
. .
-
.
•
.
.
Bodily. Injury
$ • • •. each person
$ ' ' each person
•
Property Damage
$' ' ": each accident
$• aggregate
Bodily Injury
•$ -•- - each person
" $ each accident
Property Damage
'$ • .. ..'each accident
'$ aggregate •-
Comprehensive
Automobile .. _ -
Liability•.-•_: ,_.,•.
Owned
Vehicles
Hired
Vehicles
Non -owned
- Vehicles
Includes
Contractual
Liability
.- ., •
— ..
•
: -
_
—..V --
•
... _
—
• _
- ,.,.:. -
-
Bodily Injury • =-
• •: person --
•$ each accident
Property Damage
$. ' -- - each accident
. -.
• '
•
TO: City of Round Rock Date: . .
I 214 East Main Street Description of Work:
Round Rock, Texas 78664 . . .
' THIS IS TO CERTIFY THAT is, at the date of
1
this certificate, insured by this company with respect to the business opera-
tions hereinafter described, for the types of insurance and in accordance with •
the provisions of the standard policies used by this company, and further here-
' inafter described. Exceptions to standard policies are noted on the reverse
side hereof.
1
1
■I
lc
1
1 1
1 1
CERTIFICATE OF INSURANCE
PBD - 6
CERTIFICATE OF INSURANCE (CONTINUED)
The above policies either in the body thereof or by appropriate endorsement provide
that they may not be changed or cancelled by the insurer in less than ten (10) days
after the insured has received written notice of such change or cancellation.
This Certificate of Insurance neither affirmatively or negatively amends, extends,
or alters the coverage afforded by policy or policies indicated by this certificate.
PBD - 7
(Name of Insurer)
By:
Title:
Address:
BOND NUMBER AMOUNT
That we,
MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS,
(hereinafter called the "Principal")
as Principal, and the , a corporation duly
organized under the laws of the State of , and duly licensed
to transact business in the State of (hereinafter called the
"Surety"), as Surety, are held and firmly bound unto
THE CITY OF ROUND ROCK, TEXAS
(hereinafter called the "Obligee "),
in the sum of dollars .
($ ),for the payment of which sum well and truly to be made,
we, the cam Principal and the said Surety, bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these
presents.
Sealed with our tests and dated this day of ,A.D.
nineteen hundred and
WHEREAS, the said Principal has heretofore entered into a contract with
dated , 19 , for construction af
WHEREAS, the said Principal is required to guarantee the construction of street
improvements installed under said contract, against defects in materials or
workmanship, which may develop during the period of year(S) from the
date of acceptance af the project above described, by owner
THE CITY OF ROUND ROCK, TEXAS
NOW, THEREFORE, THE CONDITIONS OF THE OBLIGATION IS SUCH, that if
said Principal shall faithfully carry out and perform the said guarantee, and
shall, on due notice, repair and make good at its own expense any and all
defects in materials or workmanship in the said work which may develop during
the period of year(S) from the date of acceptance of the pct above
described, by owner
THE CITY OF ROUND ROCK, TEXAS
or shall. pay over, make good and reimburse to the said Obligee all loss and
damage which said Obligee may sustain by reason of fafnre or default of said
Principal so to do, then this obligation shall be null and void; otherwise shall
remain in full force and effect. -
Principal
by
PBD - 8
Surety
by
4.0 GENERAL CONDITIONS
1
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1
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Contents
1. Definition of Terms
1.01 Owner, Contractor and Engineer
1.02 Contract Documents
1.03 Sub - Contractor
1.04 Sub-Subcontractor
1.05 Written Notice
1.06 Work
1.07 Extra Work
1.08 Working Day
1.09 Calendar Day
1.10 Substantially Completed
2. Responsibilities of the Engineer and the Contractor
2.01 Owner - Engineer Relationship
2.02 Professional Inspection by Engineer
2.03 Payments for Work
2.04 Initial Determinations
2.05 Objections
2.06 Lines and Grades
2.07 Contractor's Duty and Superintendence
2.08 Contractor's Understanding
2.09 Character of Workmen
2.I0 Contractor's Buildings
2.11 Sanitation
2.12 Shop Drawings
2.13 Preliminary Approval .
2.14 Defects and Their Remedies
2.15 Changes and Alterations
2.16 Inspectors
3. General Obligations and Responsibilities
3.01 Keeping of Plans and Specifications Accessible
3.02 Ownership of Drawings
3.03 Adequacy of Design
3.04 Right of Entry
3.05 Collateral Contracts
3.06 Discrepancies and Omissions
3.07 Equipment, Materials and Construction Plant
3.08 Damages
3.09 Protection Against Accident to Employees and the Public
3.10 Performance and Payment Bonds
3.11 Losses from Natural Causes
3.12 Protection of Adjoining Property
General Conditions of Agreement
GC -1
•
3.13 Protection Against Claims of Sub - Contractors, etc.
3.14 Protection Against Royalties or Patented Invention
3.15 Laws and Ordinances
3.16 Assignment and Subletting
3.17 Indemnification
3.18 Insurance
3.19 Final Clean -Up
3.20 Guarantee Against Defective Work
4. Prosecution and Progress
4.01 Time and Order of Completion
4.02 Extension of Time
4.03 Hindrances and Delays
5. Measurement and Payment
5.01 Quantities and Measurements
5.02 Estimated Quantities
5.03 Price of Work
5.04 Partial Payments
5.05 Use of Completed Portions
5.06 Final Completion and Acceptance
5.07 Final Payment
5.08 Payments Withheld
5.09 Delayed Payments
6. Extra Work and Claims
6.01 Change Orders
6.02 Minor Changes
6.03 Extra Work
6.04 Time of Filing Claims
6.05 Arbitration
7. Abandonment of Contract
7.01 Abandonment by Contractor
7.02 Abandonment by Owner
8. Subcontractors
8.01 Award of Subcontracts for Portions of the Work
8.02 Subcontractual Relations
8.03 Payments to Subcontractors
9. Separate Contracts
9.01 Owner's Right to Award Separate Contracts
9.02 Mutual Responsibility of Contracts
9.03 Cutting and Patching Under Separate Contracts
10. Protection of Persons and Property
10.01 Safety Precautions and Programs
10.02 Safety of Persons and Property
10.03 Location and Protection of Utilities
GC -2
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General Conditions of Agreement
1. Definition of Terms
1.01 Owner, Contractor and Engineer
The Owner, the Contractor and the Engineer are those persons or organizations identified as such in the
Agreement and are referred to throughout the Contract Documents as if singular in number and mascu-
line in gender. The term Engineer means the Engineer or his duly authorized representative. The Engi-
neer shall be understood to be the Engineer of the Owner, and nothing contained in the Contract Docu-
ments shall create any contractual or agency relationship between the Engineer and the Contractor.
1.02 Contract Documents
The Contract Documents shall consist of the Notice to Contractors, Instructions to Bidders, Proposal,
Signed Agreement, Performance and Payment Bonds (when required), Special Bonds (when required),
General Conditions of the Agreement, Construction Specifications, Plans, and all modifications thereof
incorporated in any 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 Documents, priority of interpretation
shall be in the following order: Signed Agreement, Performance and Payment Bonds, Special Bonds (if
any), Proposal, Special Conditions of Agreement, Notice to Contractors, Technical Specifications, Plans,
and General Conditions of Agreement.
1.03 Sub - contractor
The term Sub- Contractor, as employed herein, includes only those having a direct contract with the
Contractor and it includes one who furnishes material worked to a special design according to the plans
or specifications of this work, but does not include one who merely furnishes material not so worked.
1.04 Sub - subcontractor '
The term Sub-Subcontractor means one who has a direct or indirect contract with a sub-contractor to
perform any of the work at the site and includes one who furnishes material worked to a special design
according to the plans or specifications of this work, but does not include one who merely furnishes
material not so worked.
1.05 Written Notice
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a
member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent
by registered mail to the last business address known to him who gives the notice.
1.06 Work
The Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superin-
tendence, Labor, services, insurance, and all water, light, power, fuel, transportation and other facilities
necessary for the execution and completion of the work covered by the contract documents. Unless
otherwise specified, all materials shall be new and both workmanship and materials shall be of a good
quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of
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materials. Materials or work described in words which so applied have a well known technical or trade
meaning shall be held to refer to such recognized standards.
1.07 Extra Work
The term "Extra Work" as used in this contract shall be understood to mean and include all work that
may be required by the Engineer or Owner to be done by the Contractor to accomplish any change,
alteration or addition to the work shown upon the plans, or reasonably implied by the specifications, and
not covered by the Contractor's Proposal, except as provided under "Changes and Alterations," herein.
1.08 Working Day .
A "Working Day" is defined as any day not including Saturdays, Sundays or any legal holidays, in
which weather or other conditions, not under the control of the Contractor, will permit construction of
the principal units of the work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00
p.m.
1.09 Calendar Day
"Calendar Day" is any day of the week or month, no days being excepted.
1.10 Substantially Completed
By the term "substantially completed" is meant that the structure has been made suitable for use or oc-
cupancy or the facility is in condition to serve its intended purpose, but still may require minor miscel.
laneous work and adjustment.
2. Responsibilities of the Engineer and the Contractor
2.01 Owner - Engineer Relationship
The Engineer will be the Owner's representative during construction. The duties, responsibilities and
limitations of authority of the Engineer as the Owner's representative during construction are as set
forth in the Contract Documents and shall not be extended or limited without written consent of the
Owner and Engineer. The Engineer will advise and consult with the Owner, and all of Owner's instruc-
tions to the Contractor shall be issued through the Engineer.
2.02 Professional Inspection by Engineer
The Engineer shall make periodic visits to the site to familiarize himself generally with the progress of
the executed work and to determine if such work generally meets the essential performance and design
features and the technical and functional engineering requirements of the Contract Documents: provided
and except, however, that the Engineer shall not be responsible for making any detailed, exhaustive,
comprehensive or continuous on-site inspection of the quality or quantity of the work or be in any way
responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality,
procedures, programs, safety precautions or lack of same incident thereto or in connection therewith.
Notwithstanding any other provision of this agreement or any other Contract Document, the Engineer
shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the Contrac- .
tor, any subcontractor or any of the Contractor's or subcontractor's agents, servants or employees or
any other person, firm or corporation performing or attempting to perform any of the work.
2.03 Payments for Work
The Engineer shall review Contractor's applications for payment and supporting data, determine the
amount owed to the Contractor and approve, in writing, payment to Contractor in such amounts; such
approval of payment to Contractor constitutes a representation to the Owner of Engineer's professional
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judgment that the work has progressed to the point indicated to the best of his knowledge, information
and belief, but such approval of an application for payment to Contractor shall not be deemed as a repre-
sentation by Engineer that Engineer has made any examination to determine how or for what purpose
Contractor has used the moneys paid on account of the Contract price.
2.04 Initial Determinations
The Engineer initially shall determine all claims disputes and other matters in question between the
Contractor and the Owner relating to the execution or progress of the work or the interpretation of the
Contract Documents and the Engineer's decision shall be rendered in writing within a reasonable time,
which shall not be construed to be less than ten days, appeal to arbitration may be taken as if his deci-
sion had been rendered against the party appealing.
2.05 Objections
In the event the Engineer renders any decision which, in the opinion of either party hereto, is not in ac-
cordance with the meaning and intent of this contract, either party may file with the Engineer within
thirty days his written objection to the decision, and by such action may reserve the right to submit the
question so raised to arbitration as hereinafter provided.
2.06 Lines and Grades
Unless otherwise specified, all lines and grades shall be furnished by the Engineer or his representative.
Whenever necessary, construction work shall be suspended to permit performance of this work, but such
suspension will be as brief as practicable and the Contractor shall be allowed no extra compensation
therefor. The Contractor shall give the Engineer ample notice of the time and place where lines and
grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case
of careless destruction or removal by him or his employees, such stakes, marks, etc., shall be replaced at
the Contractor's expense.
2.07 Contractor's Duty and Superintendence
The Contractor shall give adequate attention to the faithful prosecution and completion of this contract
and shall keep on the work, during its progress, a competent English- speaking superintendent and any
necessary assistants to supervise and direct the work. The superintendent shall represent the Contractor
in his absence and all directions given to him shall be as binding as if given to the Contractor.
The Contractor is and at all times shall remain an independent contractor, solely responsible for the
manner and method of completing his work under this contract, with full power and authority to select
the means, method and manner of performing such work, so long as such methods do not adversely
affect the completed improvements, the Owner and Engineer being interested only in the result obtained
and conformity of such completed improvements to the plans, specifications and contract.
Likewise, the Contractor shall be solely responsible for the safety of himself, his employees and other
persons, as well as for the protection of the safety of the improvements being erected and the property of
himself or any other person, as a result of his operations hereunder. Engineering construction drawings
and specifications as well as any additional information concerning the work to be performed passing
from or through the Engineer shall not be interpreted as requiring or allowing Contractor to deviate
from the plans and specifications, the intent of such drawings, specifications and any other such instruc-
tions being to define with specificity the agreement of the parties as to the work the Contractor is to
perform. Contractor shall 'be fully and completely liable, at his own expense, for design, construction,
installation and use, or non -use, of all items and methods incident to performance of the contract, and
for all loss, damage or injury incident thereto, either to person or property, including, without limitation,
the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety
precautions or devices, and similar items or devices used by him during construction.
Any review of work in process. or any visit or observation during construction, or any clarification of
plans and specifications, by the Engineer or Owner, or any agent, employee, or representative of either
of them, whether through personal observation on the project site or by means of approval of shop draw-
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ings for temporary construction or construction processes, or by other means or method, is agreed by
the Contractor to be for the purpose of observing the extent and nature of work completed or being per-
formed. as measured against the drawings and specifications constituting the contract, or for the
purpose of enabling Contractor to more fully understand the plans and specifications so that the com-
pleted construction work will conform thereto, and shall in no way relieve the Contractor from hill and
complete responsibility for the proper performance of his work on the project, including but not limited
to the propriety of means and methods of the Contractor in performing said contract, and the adequacy
of any designs, plans or other facilities for accomplishing such performance. Deviation by the Contractor
from plans and specifications that may have been in evidence during any such visitation or observation
by the Engineer. or any of his representatives, whether called to the Contractors attention or not shall
in no way relieve Contractor from his responsibility to complete all work in accordance with said plans
and specifications.
2.08 Contractor's Understanding
It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the
nature and location of the work, the conformation of the ground, the character, quality and quantity of
the materials to be encountered, the character of equipment and facilities needed preliminary to and
during the prosecution of the work, the general and local conditions, and all other matters which can in
any way affect the work under this contract. No verbal agreement or conversation with any officer,
agent or employee of the Owner or Engineer either before or after the execution of this contract, shall
affect or modify any of the terms or obligations herein contained.
2.09 Character of Workmen
The Contractor agrees to employ only orderly and competent men, skillful in the performance of the type
of work required under this contract, to do the work; and agrees that whenever the Engineer shall
inform him in writing that any man or men on the work are, in his opinion, incompetent, unfaithful or
disorderly, such man or men shall be discharged from the work and shall not again be employed on the
work without the Engineer's written consent. No illegal alien may be employed by any Contractor for
work on this project, and a penalty of $500.00 per day will be assessed for each day and for each illegal
alien who works for the Contractor at this project.
2.10 Contractor's Buildings
The building of structures for housing men, or the erection of tents or other forms of protection, will be
permitted only at such places as the Engineer shall direct, and the sanitary conditions of the grounds in
or about such structures shall at all times be maintained in a manner satisfactory to the Engineer.
2.11 Sanitation
Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public ob-
servation, shall be constructed and maintained by the Contractor in such manner and at such points as
shall be approved by the Engineer, and their use shall be strictly enforced.
2.12 Shop Drawings
The Contractor shall submit to the Engineer, with such promptness as to cause no delay in his own work
or in that of any other Contractor, four checked copies, unless otherwise specified, of all shop and /or set-
ting drawings and schedules' required for the work of the various trades, and the Engineer shall pass
upon them with reasonable promptness, making desired corrections. The Contractor shall make any cor-
rections required by the Engineer, file with him two corrected copies and furnish such other copies as
may be needed. The Engineer's approval of such drawings or schedules shall not relieve the Contractor
from responsibility for deviations from drawings or specifications, unless he has in writing called the
Engineer's attention to such deviations at the time of submission, nor shall it relieve him from responsi-
bility for errors of any sort in shop drawings or schedules. It shall be the Contractor's responsibility to
fully and completely review all shop drawings to ascertain their effect on his ability to perform the
required contract work in accordance with the plans and specifications and within the contract time.
Such review by the Engineer shall be for the sole purpose of determining the sufficiency of said drawings
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or schedules to result in finished improvements in conformity with the plans and specifications. and
shall not relieve the Contractor of his duty as an independent contractor as previously set forth, it being
expressly understood and agreed that the Engineer does not assume any duty to pass upon the
. propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in rela-
tion to the safety of either person or property during Contractor's performance hereunder.
2.13 Preliminary Approval
The Engineer shall not have the power to waive the obligations of this contract for the furnishing by the
Contractor of good material, and of his performing good work as herein described, and in full accordance
with the plans and specifications. No failure or omission of the Engineer to discover, object to or
condemn any defective work or material shall release the Contractor from the obligations to fully and
properly perform the contract, including without limitations, the obligation to at once tear out, remove
and properly replace the same at any time prior to final acceptance upon the discovery of said defective
work or material; provided, however, that the Engineer shall, upon request of the Contractor, inspect
and accept or reject any material furnished, and in event the material has been once accepted by the
Engineer, such acceptance shall be binding on the Owner, unless it can be clearly shown that such
material furnished does not meet the specifications for this work.
Any questioned work may be ordered taken up or removed for re examination, by the Engineer, prior to
final acceptance, and if found not in accordance with the plans and /or specifications for said work, all
expense of removing, re-examination and replacement shall be borne by the Contractor, otherwise the
expense thus incurred shall be allowed as Extra Work, and shall be paid for by the Owner: provided
that, where inspection or approval is specifically required by the specifications prior to performance of
certain work, should the Contractor proceed with such work without requesting prior inspection or
approval he shall bear all expense of taking up, removing, and replacing this work if so directed by the
Engineer.
2.14 Defects and Their Remedies
It is further agreed that if the work or any part thereof, or any material brought on the site of the work
for use in the work or selected for the same, shall be deemed by the Engineer as unsuitable or not in
conformity with the plans, specifications, or the intent thereof, the Contractor shall, after receipt of
written notice thereof from the Engineer, forthwith remove such material and rebuild or otherwise
remedy such work so that it shall be in full accordance with this contract.
2.15 Changes and Alterations
The Contractor further agrees that the Owner may make such changes and alterations as the Owner
may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or
any part thereof, either before or after the beginning of the construction, without affecting the validity
of this contract and the accompanying Performance and Payment Bonds.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the
basis for a claim for damages, or anticipated profits on the work that may be dispensed with, except as
provided for unit price items under Section 5 "Measurement and Payment." If the amount of work is
increased, and the work can fairly be classified under the specifications, such increase shall be paid for
according to the quantity actually done and at the unit price,•if any, established for such work under
this contract, except as provided for unit price items under Section 5 "Measurement and Payment ";
otherwise, such additional work shall be paid for as provided under Extra Work. In case the Owner shall
make such changes or alterations as shall make useless any work already done or material already
furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor
so used, and for any actual loss occasioned by such change, due to actual expenses incurred in prepara-
tion for the work as originally planned.
2.16 Inspectors
The Engineer may provide one (or more) field inspectors at the work site for the limited purpose of
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observing the work in progress and' reporting back to the Engineer on the extent, nature, manner and
performance of the work so that the Engineer may more effectively perform his duties hereunder. Such
inspectors may also communicate between Engineer and Contrator their respective reports, opinions,
questions, answers and clarifications concerning the plans, specifications and work but shall be deemed
the agent of the Contractor for all purposes in communicating such matters.
Such inspector may confer with the Contractor or Contractor's superintendent concerning the prosecu-
tion of the work and its conformity with the plans and specifications but shall never be, in whole or part,
responsible for, charged with, nor shall he assume, any authority or responsibility for the means,
methods or manner of completing the work or of the superintendence of the work or of the Contractor's
employees. It is expressly understood and agreed that any such inspector is not authorized by the Engi-
neer or Owner to independently act for either or answer on behalf of either, any inquiries of the Con-
tractor concerning the plans, specifications or work. No inspector's opinion; advice; interpretation of the
plans or specifications of this contract; apparent or express approval of the means, methods or manner
of Contractor's performance of work in progress or completed; or discovery or failure to discover or
object to defective work of materials shall release Contractor from his duty to complete all work in strict
accordance with the plans and specifications or estop the Owner or Engineer from requiring that all
work be fully and properly performed including, if necessary, removal of defective or otherwise unaccep-
table work and the re-doing of such work.
3. General Obligations and Responsibilities
3.01 Keeping of Plans and Specifications Accessible
The Engineer shall furnish the Contractor with an adequate and reasonable number of copies of all plans
and specifications without expense to him, and the Contractor shall keep one copy of the same con-
stantly accessible on the work, with the latest revisions noted thereon.
3.02 Ownership of Drawings
All drawings, specifications and copies thereof furnished by the Engineer shall not be reused on other
work, and, with the exception of the signed contract sets, are to be returned to him on request, at the
completion of the work. All models are the property of the Owner.
3.03 Adequacy of Design
It is understood that the Owner believes it has employed competent engineers and designers. It is there-
fore agreed that the Owner shall be responsible for the adequacy of the design, sufficiency of the
Contract Documents, the safety of the structure and the practicability of the operations of the
completed project; provided the Contractor has complied with the requirements of the said Contract
Documents, all approved modifications thereof, and additions and alterations thereto approved in
writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that
he has complied with the said requirements of the Contract Documents, approved modifications thereof
and all approved additions and alterations thereto. •
. 3.04 Right of Entry
The Owner reserves the right to enter the property or location on which the works herein contracted for
are to be constructed or installed, by such agent or agents as he may elect, for the purpose of inspecting
the work, or for the purpose of constructing or installing such collateral work as said Owner may desire.
3.05 Collateral Contracts
The Owner agrees to provide by separate contract or otherwise, all labor and material essential to the
completion of the work specifically excluded from this contract, in such manner as not to delay the
progress of the work, or damage said Contractor, except where such delays are specifically mentioned
elsewhere in the Contract Documents. The Owner will attempt to coordinate the collateral work of utility
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companies regulated by City franchises, but. the City shall not be responsible for delays or other
damages to the Contractor which may result from their acts or omissions.
3.06 Discrepancies and Omissions
It. is further agreed that it is the intent of this contract that all work must be done and all material must
be furnished m accordance with the generally accepted practice, and in the event of any discrepancies
between the separate contract documents, the priority of interpretation defined under "Contract Docu-
ments" shall govern. In the event that there is still any doubt as to the meaning and intent of any por-
tion of the contract, specifications or drawings, the Engineer shall define which is intended to apply to
the work.
3.07 Equipment, Materials and Construction Plant
The Contractor shall be responsible for the care, preservation, conservation, and protection of all mate-
rials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction,
and any and all parts of the work, whether the Contractor has been paid, partially paid, or not paid for
such work, until the entire work is completed and accepted.
3.08 Damages
In the event the Contractor is damaged in the course of completion of the work by the act, neglect, omis-
sion, mistake or default of the Owner or Engineer, thereby causing loss to the Contractor, the Owner
agrees that he will reimburse the Contractor for such loss. In the event the Owner is damaged in the
course of the work by the act, negligence, omission, mistake or default of the Contractor, or should the
Contractor unreasonably delay the progress of the work being done by others on the job so as to cause
Loss for which the Owner becomes liable, then the Contractor shall reimburse the Owner for such loss.
3.09 Protection against Accident to Employees and the Public
The Contractor shall at all times exercise reasonable precautions for the safety of employees and others
on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal
safety laws and building and construction codes. All machinery and equipment and other physical
hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of
the Associated General Contractors of America except where incompatible with Federal, State, or
Municipal laws or regulations. The Contractor shall provide such machinery guards, safe walkways,
ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their
adequacy shall be the sole responsibility of the Contractor, acting at his discretion as an independent
contractor.
3.10 Performance and Payment Bonds
Unless otherwise specified, it is further agreed by the parties to this Contract that the Contractor will
execute separate performance and payment bonds, each in the sum of one hundred (100) percent of the
total contract price, in standard forms or this purpose, guaranteeing faithful' performance of the work
and the fulfillment of any guarantees required, and further guaranteeing payment to all persons supply-
ing labor and materials or furnishing him any equipment in the execution of the Contract, and it is
agreed that this Contract shall not be in effect until such performance and payment bonds are furnished
and approved by the Owner.
Unless otherwise approved in writing by the Owner, the surety company underwriting the bonds shall
be acceptable according to the latest list of companies holding certificates of authority from the
Secretary of the Treasury of the United States and shall be licensed to write such bonds in the State of
Texas.
Unless otherwise specified, the cost of the premium for the performance and payment bonds shall be
included in the Contractor's proposal.
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3.12 Losses from Natural Causes
Unless otherwise specified, all loss or damage to the Contractor arising out of the nature of the work to
be done, or from the action of the elements, or from any unforeseen circumstance in the prosecution of
the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of
the work, shall be sustained and borne by the Contractor at his own cost and expense.
3.11 Protection of Adjoining Property
The said Contractor shall take proper means to protect the adjacent or adjoining property or properties
in any way encountered, which might be injured or seriously affected by any process of construction to
be undertaken under this Agreement, from any damage or injury by reason of said process of construc-
tion; and he shall be liable for any and all claims for such damage on account of his failure to fully
protect all adjoining property. The Contractor agrees to indemnify, save and hold harmless the Owner
and Engineer against any claim or claims for damages due to any injury to any adjacent or adjoining
property, arising or growing out of the performance of the contract regardless of whether or not it is
caused in part by a party indemnified hereunder, but any such indemnity shall not apply to any claim of
any kind arising solely out of the existence or character of the work.
3.13 Protection against Claims of Sub - contractors, Laborers,
Materialmen and Furnishers of Machinery, Equipment and Supplies
The Contractor agrees that he will indemnify and save the Owner and Engineer harmless from all claims
growing out of the lawful demands of sub - contractors, laborers, workmen, mechanics, materialmen and
furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commis-
sary, incurred in the furtherance of the performance of this contract. When so desired by the Owner, the
Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated
have been paid, discharged or waived. If the Contractor fails to do so; then the Owner may at the option
of the Contractor either pay directly any unpaid bills, of which the Owner has written notice, or withhold
from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to liquidate
any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully
discharged, whereupon payments to the Contractor shall be resumed in full, in accordance with the
terms of this contract, but in no event shall the provisions of this sentence be construed to impose any
obligation upon the Owner by either the Contractor or his Surety.
3.14 Protection against Royalties or Patented Invention
The Contractor shall pay all royalties and license fees, and shall provide for the use of any design,
device, material or process covered by letter patent or copyright by suitable legal agreement with the
patentee or owner. The Contractor shall defend all suits or claims for infringement of any patent or copy-
right rights and shall indemnify and save the Owner and Engineer harmless from any loss on account
thereof, except that the Owner shall defend all such suits and claims and shall be responsible for all such
loss when a particular design, device, material or process or the product of a particular manufacturer or
manufacturers is specified or required by the Onwer; provided, however, if choice of alternate design,
device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner
harmless from any loss on account thereof. If the material or process specified or required by the Owner
is an infringement, the Contractor shall be responsible for such loss unless he promptly gives such
information to the Owner.
3.15 Laws and Ordinances
The Contractor shall at all times observe and comply with all Federal, State and local laws, ordinances
and regulations, which in any manner affect the contract or the work, and shall indemnify and save
harmless the Owner and Engineer against any claim arising from the violation of any such laws. ordi-
nances, and regulations whether by the Contractor or his employees, except where such violations are
called for by the provisions of the Contract Documents. If the Contractor observes that the plans and
specifications are at variance therewith, he shall promptly notify the Engineer in writing, and any neces-
sary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor
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performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and with-
out such notice to the Engineer, he shall bear all costs arising therefrom. In case the Owner is a body
politic and corporate, the law from which it derives its powers, insofar as the same regulates the objects
for which, or the manner in which, or the conditions under which the Owner may enter into contract,
shall be controlling, and shall be considered as part of this contract, to the same effect as though
embodied herein.
3.16 Assignment and Subletting '
The Contractor further agrees that he will retain personal control and will give his personal attention to
the fulfillment of this contract and that he will not assign by Power of Attorney, or otherwise, or sublet
said contract without the written consent of the Engineer, and that no part or feature of the work will be
sublet to anyone objectionable to the Engineer or the Owner. The Contractor further agrees that the
subletting of any portion or feature of the work, or materials required in the performance of this con-
tract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this Agree-
ment.
3.17 Indemnification
The Contractor shall defend, indemnify and hold harmless the Owner and the Engineer and their respec-
tive officers, agents and employees, from and against all damages, claims, losses, demands suits, judg-
ments and costs, including reasonable attorneys' fees and expenses, arising out of or resulting from the
performance of the work, provided that any such damages, claim, loss, demand, suit, judgment, cost or
expense:
(1) Is attributable to bodily injury, sickness, disease'or death to any person including Contractor's
employees and any Subcontractor's employees and any Sub-Subcontractor's employees or to
injury to or destruction of tangible property including Contractor's property (other than the
work itself) and the property of any Subcontractor or Sub-Subcontractor including the loss of
use resulting therefrom; and,
(2) Is caused in whole or in part by any intentional or negligent act or omission of the Contractor,
any Sub-Subcontractor, anyone directly or indirectly employed by any one of them or anyone
for whose acts any of them may be liable, regardless of whether or not it is caused in part by a
party indemnified hereunder.
The obligation of the Contractor under this Paragraph shall not extend to the liability of the Engineer,
his agents or employees arising out of the preparation or approval of maps, drawings, reports, surveys.
Change Orders, designs or specifications, or approval of maps, drawings, reports, surveys,
Orders, designs or specifications, or the giving of or the failure to give directions or instructions by the
Engineer, his agents or employees, provided such giving or failure to give is the sole cause of the injury
or damage.
In any and all claims against the Owner or the Engineer or any of their agents or employees by any
employee of the Contractor, any Subcontractor, any Sub - Subcontractor, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable, the indemnification obli-
gation under Paragraph 3.17 shall not be limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for the Contractor or any Sub-Contractor or Sub -
Subcontractor under workmen's compensation acts, disability benefit acts or other employee benefit
acts.
3.18 Insurance
The Contractor shall carry inurance as follows for the duration of this contract.
A. Statutory Workmen's Compensation
B. Comprehensive General Liability Insurance with minimum Bodily Injury limits of $300,000 for
each occurrence including like coverage for acts and omissions of Subcontractors and
contractual liability coverage.
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C. Property Damage Insurance with minimum limits of $50,000 for each occurrence including like
coverage for acts and omissions of Subcontractors and contractual liability coverage.
D. Automobile Liability Insurance for all owned, non owned, and hired vehicles with minimum
limits for Bodily Injury of $100,000 for each person and $300,000 for each occurrence and
Property Damage minimum limits of S50,000 for each occurrence. Contractor shall require sub-
contractors to provide Automobile Liability Insurance with same minimum limits.
The Contractor shall not commence work at the site under this contract until he has obtained all re-
quired insurance and until such insurance has been approved by the Owner and Engineer. The Contrac-
tor shall not allow any Subcontractors to commence work until all insurance required has been obtained
and approved. Approval of the insurance by the Owner and Engineer shall not relieve or decrease the
liability of the Contractor hereunder.
The required insurance must be written by a company licensed to do business in Texas at the time the
policy is issued. In addition, the company must be acceptable to the Owner and all insurance (other than
workmen's compensation) shall be endorsed to include the Owner as an additional insured thereunder.
The Contractor shall not cause any insurance' to be cancelled nor permit any insurance to lapse. All in-
surance certificates shall include a clause to the effect that the policy shall not be cancelled or reduced,
restricted or limited until ten (10) days after the Owner has received written notice as evidenced by
return receipt of registered or certified letter. Certificates of Insurance shall contain transcripts from the
proper office of the insurer, evidencing in particular those insured, the extent of the insurance, the loca-
tion and the operations to which the insurance applies, the expiration date, and the above mentioned
notice of cancellation clause.
3.19 Final Clean -up
Upon the completion of the work and before acceptance and final payment will be made, the Contractor
shall clean and remove from the site of the work, surplus and discarded materials, temporary structures
and debris of every kind. He shall leave the site of the work in a neat and orderly condition at least equal
to that which originally existed. Surplus and waste materials removed from the site of the work shall be
disposed of at locations satisfactory to the Engineer.
In the event Contractor fails or refuses to clean and remove surplus materials and debris as above
provided, the Owner or Engineer may do so, or cause same to be done, at the Contractor's expense and
the reasonable cost thereof shall be deducted from the final payment.
3.20 Guarantee Against Defective Work
The contractor warrants the materials and workmanship and that the work is in conformance with the
plans and specifications included in this contract for a period of one year from the date of acceptance of the
project. Said warranty binds the contractor to correct any work that does not conform with such plans and
specifications or any defects in workmanship or materials furnished under this contract which may be dis-
covered within the said one year period. The Contractor shall at his own expense correct such defect within
thirty days after receiving written notice of such defect from the Owner or Engineer by repairing same to
the condition called for in the contract documents and plans and specifications. Should the Contractor fail
or iefuse to repair such defect within the said thirty day period or to provide acceptable assurances that
such repair work will be completed within a reasonable time thereafter, the Owner may repair or cause to
be repaired any such defect at the Contractor's expense.
3.21 Testing of Materials
Unless otherwise specified, testing of all materials to be incorporated into the project will be as directed by
the Engineer at the expense of the Owner. All retesting for work rejected on the basis of test results will be
at the expense of the Contractor and the extent of the retesting shall be determined by the Engineer. The
Engineer may require additional testing for failing tests and may require two passing retests before ac-
ceptance will be made by the Owner. The testing laboratory will be designated by the Owner.
All materials to be incorporated into the project must meet the requirements of these specifications. For
manufactured materials such as reinforcing steel, expansion joint materials, concrete pipe, cement, mis-
cellaneous steel, cast iron materials, etc., the Contractor will be required to furnish a manufacturer's cer-
tificate stating that the material meets the requirements specified for this project.
G C -12 w.. 7-1 -75
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4. Prosecution and Progress
4.01 Time and Order of Completion
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Con-
tractor shall be allowed to prosecute his work at such times and seasons, in such order of precedence,
and in such manner as shall be most conducive to economy of construction; provided, however, that the
order and the time of prosecution shall be such that the work shall be substantially completed as a whole
and in part, in accordance with this contract, the plans and specifications, and within the time of com-
pletion designated in the Proposal: provided, also, that when the Owner is having other work done,
either by contract or by his own force, the Engineer may direct the time and manner of constructing the
work done under this contract, so that conflict will be avoided and the construction of the various works
being done for the Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Engineer, schedules
which shall show the order in which the Contractor proposes to carry on the work, with dates at which
the Contractor will start the several parts of the work, and estimated dates of completion of the several
parts.
4.02 Extension of Time
Should the Contractor be delayed in the completion of the work by any act or neglect of the Owner or
Engineer, or of any employee of either, or by other contractors employed by the Owner, or by changes
ordered in the work, or by strikes, lockouts, fires, and unusual delays by common carriers, or unavoid-
able cause or causes beyond the Contractor's control, or by any cause which the Engineer shall decide
justifies the delay, then an extension of time shall be allowed for completing the work, sufficient to com-
pensate for the delay, the amount of the extension to be determined by the Engineer, provided, however,
that the Contractor shall give the Engineer prompt notice in writing of the cause of such delay.
4.03 Hindrances and Delays
No claims shall be made by the Contractor for damages resulting from hindrances or delays from any
cause (except where the work is stopped by order of and for the convenience of the Owner) during the
progress of any portion of the work embraced in this contract. In case said work shall be stopped by the
act of the Owner, then such expense as in the judgment of the Engineer is caused by such stoppage of
said work shall be paid by the Owner to the Contractor.
5. Measurement and Payment
5.01 Quantities and Measurements
No extra or customary measurements of any kind will be allowed, but the actual measured and /or com-
puted length, area, solid contents, number and weight only shall be considered, unless otherwise spe-
cifically provided.
5.02 Estimated Quantities
This agreement, including the specifications, plans and estimate, is intended to show clearly all work to
be done and material to be furnished hereunder. Where the estimated quantities are shown for the
various classes of work to be done and material to be furnished under this contract, they are approxi-
mate and are to be used only as a basis for estimating the probable cost of the work and for comparing
the proposals offered for the work. It is understood and agreed that the actual amount of work to be
done and material to be furnished under this contract may differ somewhat from these estimates, and
that where the basis for payment under this contract is the unit price method, payment shall be for the
actual amount of such work done and the material furnished.
GC -13
Where payment is based on the unit price method, the Contractor agrees that he will make no claim for
damages, anticipated profits or otherwise on account of any differences which may be found between the
quantities of work actually done, the material actually furnished under this contract and the estimated
quantities contemplated and contained in the proposal; provided, however, that in case the actual quan-
tity of any major item should become as much as 20% more than, or 20% less than the estimated or con-
templated quantity for such items, then either party to this Agreement, upon demand, shall be entitled
to a revised consideration upon the portion of the work above or below 20% of the estimated quantity.
A "Major Item" shall be construed to be any individual bid item incurred in the proposal that has a
total cost equal to or greater than five (5) per cent of the total contract cost, computed on the basis of
the proposal quantities and the contract unit prices.
Any revised consideration is to be determined by agreement between the parties, otherwise by the terms
of this Agreement, as provided under "Extra Work."
5.03 Price of Work
In consideration of the furnishing of all the necessary labor, equipment and material, and the completion
of all work by the Contractor, and on the completion of all work and on the delivery of all material em-
braced in this Contract in full conformity with the specifications and stipulations herein contained, the
Owner agrees to pay the Contractor the prices set forth in the Proposal hereto attached, which has been
made a part of this contract. The Contractor hereby agrees to receive such prices in full for furnishing all
material and all labor required for the aforesaid work, also for all expense incurred by him, and for well
and truly performing the same and the whole thereof in the manner and according to this Agreement.
5.04 Partial Payments
On or before the 1st day of each month, the Contractor shall submit to the Engineer a statement showing
the total value of the work performed up to and including the 25th day of the preceding month. The state-
ment shall also include the value of all sound materials delivered on the job site and to be included in the
work all partially completed work whether bid as a lump sum or a unit item which in the opinion of the
Engineer is acceptable. The Engineer shall examine and approve or modify and approve such statement.
The Owner shall then pay the Contractor on or before the ZQthday of the current month the total
amount of the approved statement, less 10 per cent of the amount thereof, which 10 per cent shall be
retained until final payment, and further less all previous payments and all further sums that may be
retained by the Owner under the terms of this Agreement. It is understood, however, that in case the
whole work be near to completion and some unexpected and unusual delay occurs due to no fault or
neglect on the part of the Contractor, the Owner may —upon written recommendation of the Engineer—
pay a reasonable and equitable portion of the retained percentage to the Contractor: or the Contractor at
the Owner's option, may be relieved of the obligation to fully complete the work and, thereupon, the
Contractor shall receive payment of the balance due him under the contract subject only to the condi-
tions stated under "Final Payment."
5.05 Use of Completed Portions
The Owner shall have the right to take possession of and use any completed or partially completed por-
tions of the work, notwithstanding the time for completing the entire work or such portions may not
have expired but such taking possession and use shall not be deemed an acceptance of any work not
completed in accordance with the Contract Documents. If such prior use increases the cost of or delays
the work, the Contractor shall be entitled to such extra compensation, or extension of time, or both, as
the Engineer may determine.
The Contractor shall notify the Engineer when, in the Contractor's opinion, the contract is "substan-
tially completed" and when so notifying the Engineer, the Contractor shall furnish to the Engineer in
writing a detailed list of unfinished work. The Engineer will review the Contractor's list of unfinished
work and will add thereto such items as the Contractor has failed to include. The "substantial comple-
tion" of the structure or facility shall not excuse the Contractor from performing all of the work under-
taken, whether of a minor or major nature, and thereby completing the structure or facility in accor-
dance with the Contract Documents.
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5.06 Final Completion and Acceptance
Within ten (10) days after the Contractor has given the Engineer written notice that the work has been
completed, or substantially completed, the Engineer and the Owner shall inspect the work and within
said time, if the work be found to be completed in accordance with the Contract Documents, the Engi-
neer shall issue to the Owner and the Contractor his Certificate of Completion, and thereupon it shall be
the duty of the Owner within ten (10) days to issue a Certificate of Acceptance of the work to the Con-
tractor or to advise the Contractor in writing of the reason for non - acceptance.
5.07 Final Payment
Upon the issuance of the Certificate of Completion, the Engineer shall proceed to make final measure-
ments and prepare final statement for the value of all work performed and materials furnished under the
terms of the Agreement and shall certify same to the Owner, who shall pay to the Contractor on or
before the 30th day, and before the 35th day, after the date of the Certificate of Completion, the balance
due the Contractor under the terms of this contract; and said payment shall become due in any event
upon said performance by the Contractor. Neither the Certificate of Acceptance nor the final payment,
nor any provision in the Contract Documents, shall relieve the Contractor of the obligation for fulfill-
ment of any warranty which may be required.
5.08 Payments Withheld
The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part
of any certificate to such extent as may be necessary to protect himself from loss on account of:
(a) Defective work not remedied or other obligations hereunder not done.
(b) Claims filed or reasonable evidence indicating probable filing of claims.
(c) Failure of the Contractor to make payments properly to subcontractors or for material or labor.
(d) Damage to another contractor.
(e) Reasonable doubt that the work can be completed for the unpaid balance of the contract amount.
(f) Reasonable indication that the work will not be completed within the contract time.
When the above grounds are removed or the Contractor provides a Surety Bond satisfactory to the
Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts
withheld because of them.
5.09 Delayed Payments
Should the Owner fail to make payment to the Contractor of the sum named in any partial or final state-
ment, when payment is due, then the Owner shall pay to the Contractor, in addition to the sum shown as
due by such statement, interest thereon at the rate of 6% per annum, unless otherwise specified, from date
due as provided under 'partial payments' and 'final payments,' until fully paid, which shall fully liquidate
any injury to the contractor growing out of such delay in payment. It is expressly agreed that delay by the
Owner in making payment to the Contractor of the sum named in any partial or final statement shall not
constitute a breach of this contract on the part of the Owner nor an abandonment thereof nor shall it to
any extent or for any time relieve the Contractor of his obligations to fully and completely perform here-
under.
6. Extra Work and Claims
6.01 Change Orders
Without invalidating this Agreement, the Owner may, at any time or from time to time, order additions,
deletions or revisions to the work; such changes will be authorized by Change Order to be prepared by
the Engineer for execution by the Owner and the Contractor. The Change Order shall set forth the basis
for any change in contract price, as hereinafter set forth for Extra Work, and any change in contract .
time which may result from the change.
e... 7.1.75
GC -15
In the event the Contractor shall refuse to execute a Change Order which has been prepared by the
Engineer and executed by the Owner, the Engineer may in writing instruct the Contractor to proceed
with the work as set forth in the Change Order and the Contractor may make claim against the Owner
for Extra Work involved therein, as hereinafter provided.
6.02 Minor Changes
The Engineer may authorize minor changes in the work not inconsistent with the overall intent of the
Contract Documents and not involving an increase in Contract Price. If the Contractor believes that any
minor change or alteration authorized by the Engineer involves Extra Work and entitles him to an in-
crease in the Contract Price, the Contractor shall make written request to the Engineer for a written
Field Order.
In such case, the Contractor by copy of his communication to the Engineer or otherwise in writing shall
advise the Owner of his request to the Engineer for a written Field Order and that work involved may
result in an increase in the Contract Price.
Any request by the Contractor for a change in Contract Price shall be made prior to beginning the work
covered by the proposed change.
6.03 Extra Work
It is agreed that the basis of compensation to the Contractor for work either added or deleted by a
Change Order or for which a claim for Extra Work is made shall be determined by the unit prices upon
which this contract was bid to the extent such work can be fairly classified within the various work item
descriptions and for work items that cannot be so classified by one or more of the following methods:
Method (A)
By agreed unit prices; or
Method (6)
By agreed lump sum; or
Method (C)
If neither Method (A) nor Method (B) be agreed upon before the Extra Work is commenced,
then the Contractor shall be paid the "actual field cost" of the work, plus fifteen (15) percent.
In the event said Extra Work be performed and paid for under Method (C), then the provisions of this
paragraph shall apply and the "actual field cost" is hereby defined to include the cost to the Contractor
of all workmen, such as foreman, timekeepers, mechanics and laborers, and materials, supplies, trucks,
rentals on machinery and equipment, for the time actually employed or used on such Extra Work, plus
actual equipment, for the time actually employed or used on such Extra Work, plus actual transporta-
tion charges necessarily incurred, together with all power, fuel, lubricants, water and similar operating
expenses, also all necessary incidental expenses incurred directly on account of such Extra Work,
including Social Security, Old Age Benefits and other payroll taxes, and, a rateable proportion of
premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property
Damage and Workmen's Compensation, and all other insurance as may be required by any law or
ordinance, or directed by the Owner, or by them agreed to. The Engineer may direct the form in which
accounts of the "actual field cost" shall be kept and the records of these accounts shall be made avail-
able to the Engineer. The Engineer or Owner may also specify in writing, before the work commences,
the method of doing the work and the type and kind of machinery and equipment to be used; otherwise
these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the
use of machinery and equipment shall be determined by using 100 per cent, unless otherwise specified, of
the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of
America. Where practicable the terms and prices for the use of machinery and equipment shall be incor•
porated in the Written Extra Work Order. The fifteen (15 %) per cent of the "actual field cost" to be paid
the Contractor shall cover and compensate him for his profit, overhead, general superintendence and
field office expense, and all other elements of cost and expense not embraced within the "actual field
cost" as herein defined, save that where the Contractors Camp or Field Office must be maintained pri•
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marily on account of such Extra Work; then the cost to maintain and operate the same shall be included
in the "actual field cost."
No claim for Extra Work of any kind will be allowed unless ordered in writing by the Engineer. In case
any orders or instructions, either oral or written, appear to the Contractor to involve Extra Work for
which he should receive compensation or an adjustment in the construction time, he shall make written
request to the Engineer for written order authorizing such Extra Work. Should a difference of opinion
arise as to what does or does not constitute Extra Work, or as to the payment therefor, and the
Engineer insists upon its performance, the Contractor shall proceed with the work after making written
request for written order and shall keep an accurate account of the "actual field cost" thereof, as pro.
vided under Method (C). The Contractor will thereby preserve the right to submit the matter of
payment to arbitration, as hereinbelow provided.
6.04 Time of Filing Claims
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the
Contractor shall be in writing and filed with the Engineer within thirty (30) days after the Engineer has
given any directions, order or instruction to which the Contractor desires to take exception. The
Engineer shall reply within thirty (30) days to such written exceptions by the Contractor and render his
final decision in writing. In case the Contractor should appeal from the Engineer's decision, any demand
for arbitration shall be filed with the Engineer and the Owner in writing within ten (10) days after the
date of delivery to Contractor of the Engineer's final decision. It is further agreed that final acceptance
of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to
any claims by either party, except claims by Owner for defective work or enforcement of warranties and
except as noted otherwise in the contract documents.
6.05 Arbitration
•
All questions of dispute under this Agreement shall be submitted to arbitration at the request of either
party to the dispute. The parties may agree upon one arbiter, otherwise, there shall be three, one named
in writing by each party, and the third chosen by the two arbiters so selected; or if the arbiters fail to
select a third within ten (10) days, he shall be chosen by a District Judge serving the County in which
the major portion of the project is located, unless otherwise specified. Should the party demanding
arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse,
and the decision of the Engineer shall be final and binding on him. Should the other party fail to choose
an arbiter within ten (10) days, the Engineer shall appoint such arbiter. Should either party refuse or
neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are
empowered by both parties to take ex parte proceedings.
The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the
contract. The decision of the arbiters upon any questions submitted to arbitration under this contract
shall be a condition precedent to any right of legal action. The decision of the arbiter or arbiters may be
filed in court to carry it into effect.
The arbiters, if they deem the case demands it, are authorized to award the party whose contention is
sustained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and
if the appeal was taken without reasonable cause, they may award damages for any delay occasioned
thereby. The arbiters shall fix their own compensation unless otherwise provided by agreement, and
shall assess the cost and charges of the arbitration upon either or both parties. The award of the arbiters
must be made in writing.
7. Abandonment of Contract
7.01 Abandonment by Contractor
In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after writ-
ten notification from the Owner, or the Engineer, or if the Contractor fails to comply with the orders of
GC -17
the Engineer, when such orders are consistent with the Contract Documents, then, and in that case,
where performance and payment bonds exist, the Sureties on these bonds shall be notified in writing and
directed to complete the work, and a copy of said notice shall be delivered to the Contractor. ;
After receiving said notice of abandonment the Contractor shall not remove from the work any machin-
ery, equipment, tools, materials or supplies then on the job, but the same, together with any materials
and equipment under contract for the work, may be held for use on the work by the Owner or the Surety
on the performance bond, or another contractor in completion of the work; and the Contractor shall not
receive any rental or credit therefor (except when used in connection with Extra Work, where credit shall
be allowed as provided for under Section 6, Extra Work and Claims), it being understood that the use of
such equipment and materials will ultimately reduce the cost to complete the work and be reflected in
the final settlement.
Where there is no performance bond provided or in case the Surety should fail to commence compliance
with the notice for completion hereinbefore provided for, within ten (10) days after service of such notice,
then the Owner may provide for completion of the work in either of the following elective manners:
(1) The Owner may thereupon employ such force of men and use such machinery, equipment, tools,
materials and supplies as said Owner may deem necessary to complete the work and charge
the expense of such labor, machinery, equipment, tools, materials and supplies to said Con-
tractor, and expense so charged shall be deducted and paid by the Owner out of such moneys
as may be due, or that may thereafter at any time become due to the Contractor under and
by virtue of this Agreement. In case such expense is less than the sum which would have
been payable under this contract, if the same had been completed by the Contractor, then
said Contractor shall receive the difference. In case such expense is greater than the sum
which would have been payable under this contract, if the same had been completed by said
Contractor, then the Contractor and /or his Surety shall pay the amount of such excess to the
Owner, or
(2) The Owner under competitive bids, taken after notice published as required by law, may let the
contract for the completion of the work under substantially the same terms and conditions
which are provided in this contract. In case there is any increase in cost to the Owner under
the new contract as compared to what would have been the cost under this contract, such
increase shall be charged to the Contractor and the Surety shall be and remain bound there-
for. However, should the cost to complete any such contract prove to be less than would
have been the cost to complete under this contract, the Contractor and /or his Surety shall
be credited therewith.
When the work shall have been substantially completed the Contractor and his Surety shall be so noti-
fied and Certificates of Completion and Acceptance, as provided in Paragraph 5.06 hereinabove, shall be
issued. A complete itemized statement of the contract accounts, certified to by the Engineer as being
correct, shall then be prepared and delivered to the Contractor and his Surety, whereupon the Con-
tractor and /or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by
said statement, within fifteen (15) days after the date of such Certificate of Completion.
In the event the statement of accounts shows that the cost to complete the work is less than that which
would'have been the cost to the Owner had the work been completed by the Contractor under the terms
of this contract; or when the Contractor and /or his Surety shall pay the balance shown to be due by
them to the owner, then all machinery, equipment, tools, materials or supplies left on the site of the
work shall be turned over to the Contractor and /or his Surety. Should the cost to complete the work
exceed the contract price, and the Contractor and /or his Surety fail to pay the amount due the Owner
within the time designated hereinabove, and there remains any machinery, equipment, tools, materials
or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and
materials, shall be mailed to the Contractor and his Surety at the respective addresses designated in this
contract, provided, however, that actual written notice given in any manner will satisfy this condition.
After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor
and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property.
After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment,
tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor
and his Surety. Such sale may be made at either public or private sale, with or without notice, as the
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Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies, which
remain on the work, and belong to persons other than the Contractor or his Surety, to their proper
owners. The books on all operations provided herein shall be opened to the Contractor and his Surety.
7.02 Abandonment by Owner
In case the Owner shall fail to comply with the terms of this contract, and should fail to comply with
said terms within ten (10) days after written notification by the Contractor, then the Contractor may
suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment,
and all materials on the site of work that have not been included in payments to the Contractor and
have not been wrought into the work. And thereupon the Engineer shall make an estimate of the total
amount earned by the Contractor, which estimate shall include the value of all work actually completed
by said Contractor (at the prices stated in the attached proposal where unit prices are used), the value of
all partially completed work at a fair and equitable price, and the amount of all Extra Work performed
at the prices agreed upon, or provided for by the terms of this contract, and -a reasonable sum to cover
the cost of any provisions made by the Contractor to carry the whole work to completion and which
cannot be utilized. The Engineer shall then make a final statement of the balance due the Contractor by
deducting from the above estimate all previous payments by the Owner and all other sums that may be
retained by the Owner under the terms of this Agreement and shall certify same to the Owner who shall
pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor
the balance shown by said final statement as due the Contractor, under the terms of this Agreement.
8. Subcontractors
8.01 Award of Subcontracts for Portions of the Work
Unless otherwise specified in the Contract Documents or in the Instructions to Bidders, the Contractor,
as soon as practicable after the award of the Contract, shall furnish to the Engineer in writing for accep-
tance by the Owner and the Engineer a list of the names of the Subcontractors proposed for the
principal portions of the work. The Engineer shall promptly notify the Contractor in writing if either the
Owner or the Engineer, after due investigation, has reasonable objection to any Subcontractor on such
list and does not accept him. Failure of the Owner or Engineer to make objection promptly to any Sub-
contractor on the list shall constitute acceptance of such Subcontractor.
The Contractor shall not contract with any Subcontractor or any person or organization (including those
who are to furnish materials or equipment fabricated to a special design) proposed for portions of the
work designated in the Contract Documents or in the Instructions to Bidders or, if none is so desig-
nated, with any Subcontractor proposed for the principal portions of the work who has been rejected by
the Owner and the Engineer. The Contractor will not be required to contract with any Subcontractor or
person or organization against whom he has a reasonable objection.
If the Owner or Engineer refuses to accept any Subcontractor or person or organization on a list sub-
mitted by the Contractor in response to the requirements of the Contract Documents or the Instructions
to Bidders, the Contractor shall submit an acceptable substitute and the Contract amount shall be
increased or decreased by the difference in cost occasioned by such substitution and an appropriate
change order shall be issued; however, no increase in the Contract amount shall be allowed for any such
substitution unless the Contractor has acted promptly and responsively in submitting for acceptance
any list or lists of names as required by the Contract Documents or the Instructions to Bidders.
If the Owner or the Engineer requires a change of any proposed Subcontractor or person or organization
previously accepted by them, the Contract amount shall be increased or decreased by the difference in
cost occasioned by such change and an appropriate Change Order shall be issued.
The Contractor shall not make any substitution for any Subcontractor or person or organization who
has been accepted by the Owner and the Engineer, unless the substitution is acceptable to the Owner
and the Engineer.
GC -19
8.02 Subcontractual Relations
All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate' written
agreement between the Contractor and the Subcontractor (and where appropriate between Subcontrac-
tors and Sub - subcontractors) which shall contain provisions that:
(1) preserve and protect the rights of the Owner and Engineer under the Contract with respect to
the work to be performed under the subcontract so that the subcontracting thereof will not
prejudice such rights;
(2) require that such work be performed in accordance with the requirements of the Contract Docu-
ments;
(3) require submission to the Contractor of the applications for payment under each subcontract
to which the Contractor is a party, in reasonable time to enable the Contractor to apply for
payment in accordance with this contract;
(4) require that all claims for additional costs, extensions of time, damages for delays or otherwise
with respect to subcontracted portions of the work shall be submitted to the Contractor (via
any Subcontractor or Sub. subcontractor where appropriate) in sufficient time so that the
Contractor may comply in the manner provided in the Contract Documents for like claims
by the Contractor upon the Owner;
(5) obligate each subcontractor specifically to consent to the provisions of this section.
A copy of all such Subcontract Agreements shall be filed by the Contractor with the $ngineer before the
Subcontractor shall be allowed to commence work. '
8.03 Payments to Subcontractors
The Contractor shall pay each Subcontractor, upon receipt of payment from the Owner, an amount
directly based upon the value of the work performed and allowed to the Contractor on account of such
Subcontractor's work, less the percentage retained from payments to the Contractor. The Contractor
shall also require each Subcontractor to make similar payments to his subcontractors.
If the Engineer fails to approve a payment for any cause which is the fault of the Contractor and not the
fault of a particular Subcontractor, the Contractor shall pay the Subcontractor on demand, made at any
time after the Certificate for Payment should otherwise have been issued, for his work to the extent com-
pleted, less the retained percentage.
The Engineer may on request and at his discretion, furnish to any Subcontractor, if practicable,
information regarding percentages of completion certified to the Contractor on account of work done by
such Subcontractors.
Neither the Owner nor the Engineer shall have any obligation to pay or to see to the payment of any
moneys to such Subcontractor except as may otherwise be required.
9. Separate Contracts
9.01 Owner's Right to Award Separate Contracts
The Owner reserves the right to award other contracts in connection with other portions of the project
under these or similar conditions of the Contract.
When separate contracts are awarded for different portions of the Project, "The Contractor" in the
contract documents in each case shall be the contractor who signs each separate contract.
9.02 Mutual Responsibility of Contractors
The Contractor shall afford other contractors reasonable opportunity' for the introduction and storage of
their materials and equipment and the execution of their work, and shall properly connect and coor-
dinate his work with theirs.
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If any part of the Contractor's work depends for proper execution or results upon the work of any other
separate contractor, the Contractor shall inspect and promptly report to the Engineer any apparent
discrepancies or defects in such work that render it unsuitable for such proper execution and results.
Failure of the Contractor so to inspect and report shall constitute an acceptance of the other contractor's
work as fit and proper to receive his Work, except as to defects which may develop in the other separate
contractor's work after the execution of the Contractors Work.
Should the Contractor cause damage to the work or property of any separate contractor on the project,
the Contractor shall, upon due notice, settle with such other contractor by agreement or arbitration, if
he will so settle. If such separate contractor sues the Owner or initiates an arbitration proceeding on
account of any damage alleged to have been so sustained, the Owner shall notify the Contractor who
shall defend such proceedings at the Contractor's expense, and if any judgment or award against the
Owner arises therefrom the Contractor shall pay or satisfy it and shall reimburse the Owner for all
attorney's fees and court or arbitration costs which the Owner has incurred.
9.03 Cutting and Patching under Separate Contracts
The Contractor shall be responsible for any cutting, fitting and patching that may be required to com-
plete his work except as otherwise specifically provided in the Contract Documents. The Contractor
shall not endanger any work of any other contractors by cutting, excavating or otherwise altering any
work and shall not cut or alter the work of any other contractor except with the written consent of the
Engineer.
Any costs caused by defective or ill-timed work shall be borne by the party responsible therefor.
10. Protection of Persons and Property
10.01 Safety Precautions and Programs
The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions
and programs in connection with the work.
10.02 Safety of Persons and Property
The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable
protection to prevent damage, injury, or loss to:
(1) all employees on the work and all other persons who may be affected thereby;
(2) all the work and all materials and equipment to be incorporated therein, whether in storage or
or off the site, under the care, custody or control of the Contractor or any of his
Subcontractors or Sub - Subcontractors; and
(3) other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pave-
ments, fences, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction.
The Contractor shall comply with all applicable laws, ordinances, rules, regulations and lawful orders of
any public authority having jurisdiction for the safety of persons or property or to protect them from
damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of
the work, all reasonable safeguards for safety and protection, including posting danger signs and other
warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent
utilities.
When the use or storage of explosives or other hazardous materials or equipment is necessary for the
execution of the work, the Contractor shall exercise the utmost care and shall carry on such activities
under the supervision of properly qualified personnel. -
Rev. 7..75
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All Blasting, including methods of storing and handling explosives and highly inflammable materials,
shall conform to Federal, State, Local Laws and Ordinances. All City Ordinances shall be complied with
even though some or all the blasting is done outside the City Limits unless the applicable Ordinance is
in conflict with the law of the jurisdiction where the action is being taken.
The following is a list of requirements in addition to Federal, State, and Local Laws and Ordinances.
1. The Contractor shall furnish the City of Austin with a Certificate of Blasting Insurance in the
amount of 5300,000.00 for each contract, at least twenty -four hours prior to using explosives.
A blasting permit must be obtained from the City at least five (6) days prior to use of explo-
sives. If Blasting is covered under the Contractor's General Insurance Certificate for each
contract, a separate blasting certificate will not be required.
2. The following public utility companies and City Department will be notified by the Contractor, on
every occasion, at least twenty-four (24) hours prior to the use of explosives: Water and
Wastewater, Electric, Gas, Telephone and the City Engineering Department.
3. Explosive materials to be used shall be limited to blasting agents and dynamite, unless prior ap-
proval of other materials is obtained in writing from the Engineering Department.
4. During blasting, all reasonable precautions shall be taken to protect pedestrians, passing vehicles,
and public or private property. Blasting mats or protective cover shall be used when required
by the City Inspector, the permit, or by safe blasting practices.
5. All explosives shall be stored in accordance with Chapter 38, Article 11, Section 38-11.201, of the
City Code.
6. The Director of Engineering or his representative shall have the right to limit the use of explosives
and /or blasting methods which in his opinion are dangerous to the public or nearby property
of any kind.
7. The Contractor, at his expense, shall promptly repair or replace all items known to be damaged as
a result of blasting. All claims of damage shall be investigated by the City or by Consulting
Firms approved by the City.
8. The Contractor shall maintain accurate records throughout the Blasting operations showing the
type explosive used, number of holes, pounds per hole, depth of hole, total pounds per shot,
delays used, date and time of blast and initials of the Inspector. The Contractor is fully re-
sponsible for all claims resulting from his blasting operation.
All damage or loss to any property referred to in this article caused in whole or in part by the Contrac-
tor, any Subcontractor, any Sub - subcontractor, or anyone directly or indirectly employed by any of
them, or by anyone for whose acts any of them may be liable, shall be remedied by the Contractor,
except damage or loss attributable solely to faulty Drawings or Specifications or solely to the acts or
omissions of the Owner or Engineer or anyone employed by either of them, and not attributable in any
degree to the fault or negligence of the Contractor.
The contractor shall designate a responsible member of his organization at the site whose duty shall be
the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise desig-
nated in writing by the Contractor to the Owner and the Engineer.
10.03 Location and Protection of Utilities
Notwithstanding any other provision of this contract, the Contractor shall be solely responsible for the
location and protection of any and all public utility lines and utility customer service lines in the work
area. The Contractor shall exercise due care to locate and to mark, uncover or otherwise protect all such
lines in the construction zone and any of the Contractor's work or storage areas. Upon request. the
Owner shall provide such information as it has about the location and grade of water, sewer, gas, and
telephone and electric lines and other utilities in the work area but such information shall not relieve or
be deemed to be in satisfaction of the Contractor's obligation hereunder, which shall be primary and
nondelegable. Any such lines damaged by the Contractor's operations shall be immediately repaired by
the Contractor or he shall cause such damage to be repaired at his expense.
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Ray 7.,.75
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5.0 SPECIAL CONDITIONS
SECTION 01- INFORMATION
01 -01 ENGINEER
The word "Engineer" in these Specifications shall be
understood as referring to the City of Round Rock, 221
East Main Street, Round Rock, Texas 78664, Engineer of
the Owner, or the Engineer's authorized representative
to act in any particular position for the Owner.
01 -02 COPIES OF PLANS AND SPECIFICATIONS FURNISHED
The Agreement will be prepared in not less than five (5)
counterpart (original signed) sets. Owner will furnish
Contractor two (2) sets of conforming Contract Documents,
Technical Specifications and Plans free of charge, and
additionals sets will be obtained from Engineer at camiercial
reproduction rates plus 20% for handling.
01 -03 GOVERNING CODES
All construction as provided for under these Plans and
Specifications shall be governed by any existing Resolutions,
Codes and Ordinances, and any subsequent amendments or
revisions thereto as set forth buy the Owner.
01 -04 LIQUIDATED DAMAGES FOR FAILURE TO CCMPLETE ON TIME
The Contractor agrees that time is of the essence for this
Contract and that the definite value of damages which would
result from delay would be incapable of ascertainment and
uncertain, so that for each day of delay beyond the number of
days herein agreed upon for the completion of the work herein
specified and contracted for, after due allowance for such
extension of time as is provided for under the provisions of
Section 4.02 of the General Conditions, the Owner may withold
permanently fram the contractor's total compensation, not as
penalty but as liquidated damages, the sum of $100.00 per
calendar day.
01 -05 LOCATION
The location of work shall be as mentioned in the Notice to
Contractors and as indicated on Plans.
01 -06 USAGE OF WATER
Contractor shall pay all costs of water used. Water is to be
metered by Contractor and the cost is to be subsidiary to
other bid items. No additional pay will be made for water.
SC - 1
01 - PAY ESTIMATES
If pay estimates from the Contractor are not received by the
Engineer on or before the time specified in Section 5.04 of
The General Conditions, then the pay estimate will not be
processed and will be returned to the Contractor.
SECTION 02- SPECIAL CONSIDERATIONS
02 -01 CROSSING UTILITIES
Prior to camiencing 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 awn expense,
however, where such is not the case, the Contractor will
cause such work to be done at his own expense.
02 -02 "AS- BUILTS" DRAWINGS
The Contractor shall mark all changes and revisions on all of
his copies of the working drawings during the course of the
Project as they occur. Upon completion of the Project and
prior to final acceptance and payment, the Contractor shall
submit to the Engineer one set of his working drawings,
dated and signed by himself and his project superintendent
and labled as "As- Builts ", that shows all changes and
revisions outlined above and that shows field locations of
all above ground appurtenances including but not limited to
valves, fire hydrants and manholes. These as -built drawings
shall became the property of the Owner. Each appurtenance
shall be located by at least two (2) horizontal distances
measured from existing, easily identifiable, immovable
appurtenances such as fire hydrants or valves. Property pins
can be used for as- builts tie -ins provided no existing
utilities as previouusly described are available. Costs for
developing as -built drawings shall be subsidiary to other bid
items.
02 -03 LANDS FOR WORK
Owner provides, as indicated on Drawings, land upon which
work is to be done, rights -of -way for access to same and such
other lands which are designated for use of Contractor.
Contractor provides, at his expense and without liability of
Owner, any additional land and access thereto that may be
required for his construction operations, temporary
construction facilities, or for storage of materials.
SC - 2
02 -04 UTILITY SERVICES
The Contractor
utility services
will be made for
FOR CONSTRUCTION
will be responsible for providing his own
during construction. No additional payment
this item.
02 -05 GUARANTEES
Guarantee work, including equipment installed, shall be free
from defects due to faulty workmanship or materials for a
period of one (1) year from the date of final acceptance by
the Owner. Upon notice from Owner, the Contractor shall
repair defects in all construction which develop during
specified period at no cost to Owner. Neither final
acceptance, Certificate of Completion, final payment nor any
provision in Contract Documents relieves contractor of above
guarantee. Notice of observed defects will be given with
reasonable promptness. Failure to repair or replace defect
upon notice entitles Owner to repair or replace same and
recover reasonable cost thereof from Contractor.
02 -06 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES
Whenever existing utilities, not indicated on Plans, present
obstructions to grade and/or alignment of proposed
improvements, immediately notify Engineer, who without delay,
will determine if existing improvements are to be relocated,
or grade and alignment of proposed improvements changed.
Where necessary to move existing services, poles, guy wires,
pipelines, etc., as determined by the Engineer, the
Contractor will make arrangements with the owner of the
utility to be moved and have it moved. The cost of any
utility relocation will be at the Contractor's sole expense.
Owner will not be liable for relocation costs or damages on
account of delays due to changes made by owners of privately
owned utilities which hinder progress of the work.
02 -07 MINII43M WAGE SCALE
Minimum wage scale as specified and regulated by the State of
Texas and the Federal Government.
02 -08 LIMIT OF FINANCIAL RESOURCES
The Owner has a limited amount of financial resources
caanitted to this Project; therefore, it shall be understood
by all bidders that the Owner may be required to change
and/or delete any items which he may feel is necessary to
accomplish all or part of the scope of work within its limit
of financial resources. Contractor shall be entitled to no
SC -3
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claim for damages for anticipated profits on any portion of
work that may be anitted. At any time during the duration of
this contract, the Owner reserves the right to snit any work
from this contract. Unit prices for all items previously
approved in this contract shall be used to delete or add work
per change order.
02 -09 CONSTRUCTION REVIEW
The Owner shall provide a project representative to review
the quality of materials and workmanship.
02 -10 LIMITS OF WORK AND PAYMENT
It shall be the obligation of the Contractor to complete all
work included in this contract, so authorized by the Owner,
as shown on the drawings or described in the contract
docunents and technical specifications. All items of
construction not specifically paid for in the bid schedule
shall be included in the unit price bids. Any question
arising as the limits of work shall be left up to the
interpretation of the Engineer
02 -11 PAYMENT FOR MATERIALS ON HAND
made for work a Owner will not pay for materials on hand. Payment will be
�leted in accordance with monthly estimate
procedure stipulated in the General Conditions of the
Agreement.
02 -12 CONSTRUCTION STAKING
The type and scope of work included in this contract is such
that construction staking would be superfluous. The alignment
of proposed improvements will be relative to existing
structures as indicated on the plans.
In order to avoid obstructions such as mail boxes, trees,
fire hydrants, landscaping and utility services, and to
' appease property owners, final alignments shall be determined
in the field and as directed and approved by the Engineer.
If, in the opinion of the Engineer, any construction staking
is required, such staking will be provided one (1) time at
the sole expense of the Owner. All re- staking will be
' provided by the Contractor and paid for by the contractor at
his sole expense without additional carpensation by the
owner.
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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 re- staked by the Contractor at the
Contractor's sole expense without additional carpensation by
the Owner.
The Contractor shall furnish to the Owner, AT THE
WNIRACPOR'S EXPENSE, written certification that ALL property
pins are in place prior to his moving off the job site. Such
certification will be expected of each Contractor involved
with the project.
SECTION 03- INSURANCE
03 -01 Insurance policies must be obtained by the Contractor or
separate endorsement obtained by his existing insurance
policies on projects that involve special hazards, such as
blasting, excavation on public properties, etc.
The principal types of insurance which will be necessary are:
Carmrehensive General Liability Insurance. The Contractor
shall provide and maintain during the life of this contract
and until all work under said Contract has been completed and
accepted by the Owner, a canprehensive General Liability
insurance policy, said policy and the issuing carrier
approved by the Owner, which specifically insures the
contractual liability of the Contractor assumed under
Paragraph 3.17 in the General Conditions entitled
"Indemnification ". Indemnification ". The liability coverage
under this policy shall cover Independent Contractors.
Liability limits for the Comprehensive General Liability
insurance coverage under this policy shall not be less than
the following:
Bodily Injury $300,000 each person
$300,000 each accident
Property Damage $100,000 each accident
$100,000 aggregate
A $500,000 umbrella coverage shall also be required.
Public Liability and Property Damage to protect the
Contractor, any of his sub- contractors and the Owner against
claims arising from personal injury, including accidental
death, as well as claims or property damage.
SC -5
The amount for liability is $250,000/$500,000. The amount of
property damage is $100,000 per accident.
- Automobile and Truck Public Liability and Property Damage to
protect the same individuals as indicated above, and in the
same amount of liability.
Worker's Canpensaion and Employer's Liability
Builder's Risk Insurance is necessary to cover loss of or
damage to the building materials while the project is under
construction.
The Contractor shall supply to the Owner a Certificate of
Insurance, on a form supplied by the insurance companies or a
form similar to the attached samples from the Contractor
prior to the start of work.
Owner's Protective as required by the General Conditions of
the Agreement.
SECTION 04-TRAFFIC CONTROL
Access shall be provided for residents and emergency vehicles
at all times. When it becomes necessary to restrict access,
the Contractor shall notify all applicable agencies (i.e.
Fire Dept., E.M.S., Public Works, etc.,). At the end of each
day two lanes of traffic shall be opened to the public. The
contractor shall be responsible for all maintenance, signing
and safety precautions necessary for traffic control. This
item shall be considered subsidiary and no additional
compensation shall be given for complying with this Special
Condition.
SECTION 05 MAINTENCANCE BOND
Per City of Round Rock Ordinance, a two (2) year Maintenance
Bond naming the City of Round Rock as obligee will be
required for public streets constructed without lime
stabilization of subgrade material when the Plasticity Index
of the subgrade is above 24. Maintenance Bond shall remain in
effect for two (2) years from date of City of Round Rock
acceptance of improvements.
A one (1) year Maintenance Bond will be required for all
other improvements.
SC -6
6.0 TECHNICAL SPECIFICATIONS
ITEM 1
1.01
GENERAL DESCRIPTION
SCOPE OF WORK
The work covered by these Specifications consists of
furnishing all labor, equipment, appliances, materials and,
performing all operations in connection with the installation
of sidewalk improvements complete in accordance with
the Plans, and subject to the terms and conditions of the
Contract Documents.
1.02 GOVERNING TECHNICAL SPECIFICATIONS
NOTE: The item number designation shown in parenthesis
adjacent to captions is a reference to City of Austin Standard
Specifications.
STREET, WATER, SEER AND DRAINAGE IMPROVEMENTS
The current City of Austin Standard Specifications as adopted
and amended by the City of Round Rock and the current City of
Austin Erosion and Sedimentation Control Manual, are
incorporated into this project and they shall be applied to
this project except as modified in these Specifications and on
the Plans.
Wherever the term "City of Austin" is used in the Austin
Specifications, it shall be construed to mean City of Round
Rock.
Wherever the term "Engineer" is used in the Austin
Specifications, it shall be construed to mean the City of
Round Rock, Texas.
ITEM 2 CONTROL OF WORK
2.01 CLEAN -UP
2.01.1 CONSTRUCTION SITE
During construction the Contractor shall keep the site free
and clean from all rubbish and debris and shall clean-up the
site promptly when notified to do so by the Engineer.
The Contractor shall, at his own expense, maintain the streets
and roads free from dust, mud, excess earth or debris which
constitutes a nuisance or danger to the public using the
thoroughfare, or the occupants of adjacent properties.
Care shall be taken to prevent spillage on streets and roads
over which hauling is done, and any such spillage or debris
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2.01.2
2.02
ITEM 3
3.01
3.02
ITEM 4
4.01
4.02
deposited on streets, due to the Contractor's operations,
shall be immediately removed.
BACKWZRK
The Contractor shall coordinate his operations in such a
manner as to prevent the amount of clean-up and canpletion of
back works from becoming excessive. Should such a condition
exist, the Engineer may order all or portions of the work to
cease and refuse to allow any work to camEnce until the back
work is done to the Engineer's satisfaction.
GRADING
The Contractor shall do such grading in the area adjacent to
the construction area associated with this contract as may be
necessary to leave the area in a neat and satisfactory
condition approved by the Engineer.
EXAMINATION AND REVIEW
EXAMINATION OF WORK
The work covered under this Contract shall be examined and
reviewed by the Engineer, representatives of all governmental
entities which have jurisdiction, and the Owner's authorized
representative. The quality of material and the quality of
installation of the improvements shall be to the satisfaction
of the Engineer. It shall be the Contractor's responsibility
for the construction methods and safety precautions in the
undertaking of this Contract.
NOTIFICATION
The Engineer and Owner must be notified a minimum of 24 -hours
in advance of beginning construction, testing, or requiring
presence of the Engineer, project representative, or Owner's
representative.
PROTECTION AND PRECAUTION
FORK IN FREEZING WEATHER
Portions of the work may continue as directed by the Engineer.
PROTECTION OF TREES, PLANTS AND SHRUBS
The Contractor shall take necessary precautions to preserve
all existing trees, plants and shrubs but where it is
justifiable and necessary the Contractor may remove trees and
plants for construction right- of-way but only with approval of
the Engineer.
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4.03 BARRICADES
Barricades shall be installed, in locations deemed necessary
by the Engineer, for the protection of life and property:
Under no circumstances will any existing road be permitted to
remain closed over a weekend. No separate pay will be made for
this item.
4.04 PROPERTY LIES AND ?MOMENTS
ITEM 5 MATE.RTAIS
The Contractor shall be responsible for the protection,
reference and resetting of property corner monuments if
disturbed.
4.05 DISPOSAL OF SURPLUS MATERIAL
The Contractor shall at his own expense, make arrangement for
the disposal of surplus material, such as rock, trees, brush
and other unwanted backfill materials.
4.06 CONTRACTOR'S USE OF PREMISES
The Contractor shall, at his own expense, provide additional
space as necessary for his operations and storage of
materials.
5.01 TRADE NAMES
Except as specified otherwise, wherever in the specifications
an article or class of material is designated by a trade name
or by the nave or catalog number of any maker, patentee,
manufacturer, or dealer, such designations shall be taken as
intending to mean and specify the articles described or
another equal thereto in quality, finish, and serviceability
for the purpose intended, as may be determined and judged by
the Engineer in his sole discretion.
5.02 MATERIALS AND WDREMANSHIP
No material which has been used by the Contractor for any
temporary purpose whatever is to be incorporated in the
permanent structure without the written consent of the
Engineer. Where materials or equipment are specified by a
trade or brand name, it is not the intention of the saner to
discriminate against an equal product of another manufacturer,
but rather to set a definite standard of quality for
performance, and to establish an equal basis for the
evaluation of bids. Where the words "equivalent ", "proper" or
"equal to" are used, they shall be understood to mean that the
item referred to shall be "proper ", the "equivalent" of, or
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"equal to" some other item, in the opinion or judgement of the
Engineer. Unless otherwise specified, all materials shall be
the best of their respective kinds and shall be in all cases
fully equal to approved samples. Notwithstanding that the
words "or equal to" or other such expressions may be used in
the specifications in connection with a material, manufactured
article or process, the material, article or process
specifically designated shall be used, unless a substitute is
approved in writing by the Engineer, and the Engineer will
have the right to require the use of such specifically
designated material, article or process.
ITEM 6 STANDARD DETAILS
The "Standard Details" shall be followed as included in the
Plans.
ITEM 7 MEASURE:MEW AND PAYMENT
Unless stated otherwise in the Contract Documents, it is
understood that all payments made are for finished work and
include all labor, tools, materials, appurtenances,
constructing and completing the item on which payment is made.
ITEM 8 RESTORATION, REMEGE'rATION, AND EROSION CONTROL MEASURES
(Series 600)
This item shall govern the furnishing, placing, maintaining
and removal of all erosion control measures, site work,
restoration work, grading, shaping, seeding, and sodding for
all disturbed areas and in accordance with the Plans. All
temporary erosion control measures including hay bales, rock
berms, fabric fences and brush piles shall be erected at
locations as required by the Engineer, maintained until final
acceptance, and removed .by the Contractor after final
acceptance of the project. The restoration of disturbed areas
and spoil sites shall include spreading of top soil, shaping,
hydromulching, sodding or seeding in accordance with the
Plans. Maintenance of the temporary erosion control measures
shall be the Contractor's responsibility until final
acceptance.
When called for in the proposal, restoration, revegetation and
erosion control measures shall be paid for at the unit
contract price bid per lump sum or per linear foot for such
measures, complete in place, in accordance with the Plans. The
bid price per lump sum or per linear foot shall include all
excavation, materials, shaping, hauling, maintenance, removal
at carpletion of project, disposal of surplus materials,
hydromulching, sodding, seeding, planting, fertilizing, tree
and shrub trimming and preservation, landgrading, salvaging
and placing of topsoil, and clean up. Existing temporary
T - 4
ITEM 9 MAIL HOES
erosion control measures installed by others, but disturbed by
the Contractor, will be repaired or replaced at the
contractor's sole expense.
When directed by the Engineer, the Contactor shall exercise
care and caution when excavating and uprooting existing
grasses, plants, shrubs, trees, etc., so that such items may
be utilized for the restoration and revegetation phase of the
project or preserved for the respective property owner so that
he may utilize the item as he sees fit.
The Contractor shall adjust all mail boxes in the sidewalk
area. Such adjustment will be in accordance with the detail
contained in the Plans.
Where called for, mail boxes shall be relocated and left in
their existing state. At the Contractor's option, relocation
may be accomplished by physically moving the mail box to or
reconstructing the mail box in a location as c3&signated by the
Engineer.
The Owner may allow owners of "decorative - pedestal" type mail
boxes the option of changing their type of mail box in order
to facilitate the sidewalk construction. Owners exercising
such an option will purchase and provide all necessary
materials, completely assembled, to the Contractor. The
Contractor will be responsible for placing the mail box in
accordance with the Plans and as directed by the Engineer. The
Contractor shall also be responsible for the removal and /or
demolition of the "decorative - pedestal" type mail box when an
option as outlined above is excercised.
Mail boxes damaged by the Contractor shall be repaired or
replaced as directed by the Engineer and at the Contractor's
sole expense without additional compensation from the Owner.
Adjustment, relocation, construction, reconstruction,
demolition or removal of Hail boxes will not be paid for
separately. Such items shall be subsidiary to other unit
prices bid.
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ITEM 10 CONCRETE SIDEWALKS (Item 432)
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Item No. 432
Concrete Sidewalks
432.1 Description
This item shall consist of concrete sidewalks composed of Portland Cement concrete, constructed as herein specified on an
approved subgrade, in conformity to the lines, grades and details indicated or as established by the Engineer. All sidewalks and'
accessible routes shall conform to the State Standards, Number 411.
432.2 Materials
(1) Concrete
Concrete shall be Class A Concrete conforming to Item No. 403, "Concrete for Structures ".
(2) Reinforcing Steel and Welded Wire Fabric
Reinforcing steel shall conform to Item No. 406, "Reinforcing Steel ".
(3) Expansion Joint Materials
Expansion joint materials shall conform 10 Item No. 408, "Expansion Joint Materials ".
(4) Membrane Curing Compound
Membrane curing compound shall conform to Item No. 409, "Membrane Curing ".
432.3 Construction Methods
The subgrade shall be excavated and shaped to the lines. grades and cross section as indicated or as directed by the Engineer
and shall be thoroughly compacted. A cushion 2 inches minimum thickness of crusher screenings, gravel and sand, crushed rock
or coarse sand shall be spread. wetted thoroughly, tamped and leveled. The sand cushion shall be moist at the time the concrete
is placed.
If the subgrade is undercut by more than 4 inches or the natural ground is below "top of subgrade" by more than 4 inches then
necessary backfill shall be made with an approved material and compacted with a mechanical tamper. Hand tamping will not be
permitted.
Where the subgrade is rock or gravel. 70 percent of which is rock, the 2 inch cushion need not be used. The Engineer will
determine if the subgrade meets the above requirements.
Forms shall be of metal or well seasoned wood not less than 2 inches in thickness, of a section satisfactory to the Engineer;
clean, straight, free from warp and of a depth equal to the thickness of the finished work. All forms shall be securely staked to line
and grade and maintained in a true position during the depositing of concrete. Before concrete is placed, forms shall be thor-
oughly oiled with a light form oil.
Expansion joint matenal V inch thick, shall be provided where the new construction abuts an existing structure, sidewalk or
driveway. Similar expansion material shall be placed around all obstructions protruding through the sidewalk. The expansion joint
material shall be placed vertically and shall extend the full depth of the concrete. Maximum spacing of expansion joints shall be
40 feet as indicated or as directed by the Engineer. Weakened plane joints shall be spaced at 5 feet on center. Normal dimen-
sions of the weakened plane joints shall be V. inch wide and 3 /4 inch deep. All joints shall be 90 degrees to centerline of walk and
shall match any previously placed concrete joints.
Reinforcement for sidewalks shall consist of 1 layer of 6 x 6 — W 1.4 x W 1.4 wire fabric or #3 bars, placed not more than 18
inches on center both directions. All reinforcement shall be placed equidistant from the top and bottom of the concrete. Care
shall be exercised to keep all steel in its proper position during the depositing of concrete. Splices in wire fabric shall overlap
sufficiently to allow two pairs of transverse wires to be tied together and no splice of less than 6 inches will be permitted. Splices
in the #3 bars shall have a minimum lap of 12 inches.
Where driveways cross sidewalks, additional reinforcing shall be placed in the sidewalk as indicated.
Concrete shall be placed in the forms and spaded, tamped and thoroughly consolidated until it entirely covers the surface and
has a monolithic finish. The top surface shall be floated and troweled to a uniform smooth surface, then finished with a camel hair
brush or wood float to a gritty texture unless otherwise indicated. The outer edges and joints shall be rounded with approved
tools to a 1/4 inch radius. Care will be exercised to prevent loss of dummy joints or rounded edges when applying the brush finish.
The finished concrete. while still plastic, shall be stamped with an impression having the Contractor's name, month and year The
stamp shall be of approved design and impressions shall be made at or near street intersections and riot exceeding 350 feet
apart or as directed by the Engineer.
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At the proper time after finishing, the surface shall be protected by a membrane compound curing agent or by wetting cotton or
burlap mats, conforming to Item No. 409, "Membrane Curing ". The sides of the concrete shall be cured in the forms. If the forms
are removed during the curing process, the curing shall be continued by the placement of fill against the row concrete or other
procedures conforming to Item No. 410, "Concrete Structures ". The top 4 inches of fill shall be clean topsoil conforming to Item
No. 604, "Seeding for Erdsion Control ".
All necessary excavation. filling and grading of the slopes adjacent to the completed concrete sidewalks will be considered inci-
dental work pertaining to this item and will not be paid for directly. The adjacent excavation and grading of the slopes shall be
done in a manner acceptable to the Engineer.
432.4 Measurement
Accepted work performed as prescribed by Item No. 432, "Concrete Sidewalks" will be measured by the snuare foot of surface
area of "Concrete Sidewalk", including ° Concrete Sidewalk Rangy ".
432.5 Payment
The work performed as prescribed by this item will be paid for at the unit price bid per square foot for "Concrete Sidewalk" in-
cludingConcrete Sidewalk Ramps" which price shall be full compensation for preparing the subgrade; for furnishing and plac-
ing all materials, including cushion material, all reinforcing steel, joints, expansion joint materials and for any other materials.
manipulations, labor. tools, equipment, finishing, curing and incidentals necessary to complete the work
Payment will be made under one of the following:
4 Inch Concrete Sidewalks — Per Square Foot.
5 Inch Concrete Sidewalks — Per Square Foot.
432.6 Protection Against Vandalism, Damage and the Elements.
Prior to discontinuing construction operations on any given day, the contractor shall take measures
he deems appropriate to adequately protect freshly poured concrete Eruu vandalism (including but not
limited to writing on, etching into or defacing the freshly poured concrete) and damage due to the
elements or other sources.
The constructed sidewalks shall be inspected for damages similar to those listed above and the con-
tractor shall take remedial measures to correct any damages or defects.
Constructed sidewalks deemed unacceptable or defective by the Fligineer shall be removed and recon-
structed by the Contractor at his sole expense without additional compensation from the Owner.
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RECEIVED AUG 2 3 1088