R-89-1256 - 3/23/1989WHEREAS, the City of Round Rock has duly advertised for bids for
the installation of backstops and fencing of baseball fields at Old
Settler's Park at Palm Valley, and
WHEREAS, Diamond Construction Company has submitted the lowest
and best bid, and
WHEREAS, the City Council wishes to accept the bid of Diamond
Construction Company, Now Therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the bid of Diamond Construction Company is hereby accepted
as the lowest and best bid, and the Mayor is authorized and directed
to execute on behalf of the City a contract with Diamond Construction
Company for the installation of backstops and fencing of baseball
fields at Old Settler's Park at Palm Valley, a copy of said contract
being attached hereto and incorporated herein for all purposes.
RESOLVED this 23rd day of March, 1989.
ATTEST:
NE LAND, City Secretary
C40RESDIAMO
RESOLUTION NO. gad?
MIKE ROBINSON, Mayor
City of Round Rock, Texas
DATE: March 21, 1989
SUBJECT: Council Agenda, March 23, 1989
ITEM: 13E. Consider a resolution authorizing the Mayor to enter
into a contract for ballfield fencing.
STAFF RESOURCE: SHARON PRETE
STAFF RECOMMENDATION: The bid opening for the ballfield fencing was
held March 2, 1989. Two bids were received.
ECONOMIC IMPAC1:
Diamond Fence Canpany
Base Bid
Alternate Bid
$ 97,459.12
$ 56,259.28
Sun -Tex Fence Canpany, Inc.
Base Bid $107,284.42
Alternate Bid $ 63,948.32
Staff recommends that we accept the alternate bid
from Diamond Fence Company in the amount of
$56,259.28.
In order to canplete the project within the
budget, volunteers will be used to install the
outfield fencing.
Phone
255 -3612
Date
04 -25 -89
Job Name /Location
Old Settlers Park at Palm Valle.
Job Number
Job Phone
244 -2463
Existing Contract Number
State Project #20 -00264
Date of Existing ontract
TO: .CITY OF ROUND ROCK
221 EAST MAIN STREET
ROUND ROCK, TEXAS 78664
03 -29 -89
We hereby agree to make the change(s) specifier below
CHANGE ORDER
Number 2
Purchase of Materials for complete Outfield and Side fencing to dugout for the
following fields including gates.
6 Little League Fields @ 909.79 = $5,458.74
1 Pony Colt Field @ 3141,62 = 3,141.62
2 Girls Softball Fields 9 2711.89 = 5,423.78
Total $ 14,024.14
•
Top Rail for Pony Colt and Girls Softball fields will be 1 5/8" 0.D. SS 20 and Line
Post 2" 0.D. SS 20. These fences will be six foot tall.
The Little League Fields will have a top rail from dugout to foul lines of
1 3/8" 0.D. SS 20. The Tence Posts for Little League fencing will be 047 1 5/8"
Tubing except for 40 feet from dugout which will be the 1 5/8" SS 20.
The top rail of Little League outfield fencing from foul line to foul line will
be'_03 Swedge Tubing 1 3/8" 0.D. as on existing Kiwanis Little League fencing.
The Little League fencing is four feet tall.
Note: This Change Order becomes part of the existina contract
WE AGREE hereby to make the change(s) specified Change Order #1 (- 820,758.67)
Change Order #2 $ +$14 024.14
Previous Contract Amount $ 56,259.28
Revised Contract Amount $ 49,524.75
Date
Authorized. signature (contractor)
Diamond Construction Company
ACCEPTED - The above prices and spec-
ifications - of this Change Order are
satisfactory.and are hereby accepted.
All work to be performed under same
terms and conditions as specified in
orginel.:contract unless otherwise
specified. Attached sheets become part
of change order and contract.
(/ -.2 7 -19
Date of acceptance
Signature (owner)
MAYOR
CITY OF ROUND ROCK
Phone
255 -3612
Date
04 -25 -89
Job Name /Location
Old Settlers Park at Palm Valle
Job Number
Job Phone
244 -2463
Existing Contract Num.er
State Project #20 -00264
Date of Existing on rac
TO: .CITY OF ROUND ROCK
Date
221 EAST MAIN STREET
ROUND ROCK, TEXAS 78664
We hereby agree to make the change(s) specitiea below
Authorized. signature (contractor)
Diamond Construction Company
ACCEPTED - The above prices and spec-
ifications of this Change Order are
satisfactory.•and are hereby accepted.
All work to be performed under same `
terms and conditions as specified in
orginal unless.otherwise
specified. Attached sheets become part
of change order and Contract.
CHANGE ORDER
.Number 2
03 -29 -89
Purchase of Materials for complete Outfield and Side fencing to dugout for the
following fields including gates.
6 Little League Fields @ 909.79 = $5,458.74
1 Pony Colt Field @ 3141,62 = 3,141.62
2 Girls Softball Fields @ 2711.89 = 5,423.78
Total $ 14,024.14
•
Top Rail for Pony Colt and Girls Softball fields will be 1 5/8" 0.D. SS 20 and Line
Post 2" O.D. SS 20. These fences will be six foot tall.
The Little League Fields will have a top rail from dugout to foul lines of
1 3/8" O.D. SS 20. The hence Posts for Little League fencing will be 047 1 5/8"
tubing except for 40 feet from dugout which will be the 1 5/8" SS 20.
The tap rail of Little League outfield fencing from foul line to foul line will
•be:035 Swedge Tubing 1 3/8" 0.D. as on existing Kiwanis Little League fencing.
The Little League fencing is four feet tall.
Note: This Change Order becomes part of the existing contract
WE AGREE hereby to make the change(s) specified Change Order #1 (- 820,758.67)
Change Order #2 $ +$14,024.14
Previous Contract Amount $ 56,259.28
Revised Contract Amount
/-r2 7 -/9
Date of acceptance
2/414
Signature (owner)
_MAYOR
CITY OF ROUND ROCK
$ 49,524.75
255 -3612 I 04 -25 -89
Job Name /Location
Old Settlers Park at Palm Valle
Job Number Job Phone
244 -2463
Existing Contract Number
State Project #20 -00264
Date of Existing on ract
CHANGE ORDER
Number 2
TO: .CITY OF ROUND ROCK
221 EAST MAIN STREET
ROUND ROCK, TEXAS 78664
We hereby agree to make the change(s) specifies below
Purchase of Materials for complete Outfield and Side fencing to dugout for the
following fields including gates.
6 Little League Fields 9 909.79 = $5,458.74
1 Pony Colt Field 9 3141,62 = 3,141.62
2 Girls Softball Fields @ 2711.89 = 5,423.78
Total $ 14,024.14
Top Rail for Pony Colt and Girls Softball fields will be 1 5/8" 0.D. SS 20 and Line
Post 2" 0.D. SS 20. These fences will be six foot tall.
The Little League Fields will have a top rail from dugout to foul lines of
1 3/8" 0.D. SS 20. The Fence Posts for Little League fencing will be 047 1 5/8"
Cubing except for 40 feet from dugout which will be the 1 5/8" SS 20.
.The top rail of Little League outfield fencing from foul line to foul line will
-be D35 Swedge Tubing 1 3/8" 0.D. as on existing Kiwanis Little League
The Little League fencing is four feet tall.
Note: This Change Order becomes part of the existing contract
WE AGREE hereby to make the change(s) specified Change Order #1 (- $20,758.67)
Change Order #2 $ +$14,024.14
Previous Contract Amount $ 56,259.28
Revised Contract Amount $ 49,524.75
Date
Authorized. signature (contractor)
Diamond Construction Company
ACCEPTED - The above prices and spec-
ifications of this Change Order are
satisfactory and are hereby accepted.
All work to be performed under same
terms and conditions as specified in
orgina3: unless otherwise
specified. Attached sheets become part
of change order and contract.
\ 03 -29 -89
MAYOR
CITY OF ROUND ROCK
Date of acceptance
Signature (owner)
Phone
255 -3612
Date
04 -25 -89
Job Name /Location
Old Settlers Park at Palm Valle
Job Number Job Phone
244 -2463
Existing Contract Number
State Project #20 -00264
Date of Existing Contract
TO:
,CITY OF ROUND ROCK
221 EAST NAIN STREET
ROUND ROCK, TEXAS 78664
Authorized. signature (contractor)
Diamond Construction Company
ACCEPTED - The above prices and spec -
ifications of this Change Order are
satisfactory and are hereby accepted.
All work to be performed under same
terms and conditions as specified in
orgina3:contract unless otherwise
specified. Attached sheets become part
of change order and contract.
03 -29 -89
We hereby agree to make the change(s) specifies below
Purchase of Materials for complete Outfield and Side fencing to dugout for the
following fields including gates.
6 Little League Fields @ 909.79 = $5,458.74
1 Pony Colt Field @ 3141,62 = 3,141.62
2 Girls Softball Fields @ 2711.89 5,423.78
Total $ 14,024.14
Top Rail for Pony Colt and Girls Softball fields will be 1 5/8" 0,D, SS 20 and Line
Post 2" 0.D. SS 20. These fences will be six foot tall.
The Little League Fields will have a top rail from dugout to foul lines of
1 3/8" 0.D. SS 20. The hence Posts for Little League fencing will be 047 1 5/8"
tubing except for 40 feet from dugout which will be the 1 5/8" SS 20.
The top rail of Little League outfield fencing from foul line to foul line will
be 03�" Swedge Tubing 1 3/8" O.D. as on existing Kiwanis Little League fencing,
The Little League fencing is four feet tall.
Note: This Change Order becomes part of the existing contract
WE AGREE hereby to make the change(s) specified Change Order #1 (- $20,758.67)
Chanze Order #2 $ +$14,024.14
Date
Previous Contract Amount $ 56,259.28
Revised Contract Amount
MAYOR
CITY OF ROUND ROCK
RANGE ORDER
Number 2
el-a 7 -s
Date of acceptance
Signature (owner)
49,524.75
DATE: April 25, 1989
SUBJECT: Council Agenda, April 27, 1989
ITEM: 13B Consider a change order to Diamond Construction for ballfield
fencing at Old Settlers Park at Palm Valley.
STAFF RESOURCE PERSON: SHARON PRETE
STAFF RECCMME RATION: Approval.
ECONOMIC IMPACT:
This change order will allow the City to obtain the
necessary fencing materials from Diamond Construction
for the outfield fences.
The City will pay for the materials and the youth
sports associations will install the fencing with
volunteer forces or pay a contractor to install it.
1
1
TEXAS LOCAL PARK FUND
CITY OF
ROUND ROCK
PUBLIC WORKS
PROJECT
OLD SETTLERS PARK
AT PALM VALLEY
BASEBALL PARKS, BACKSTOPS & FENCES
STATE PROJECT #20 - 00264
SPECIFICATIONS AND
CONTRACT DOCUMENTS
RECEIVED APR 1 2 09
,c
DIA103
PERFORMANCE BOND
Tel
51'.+:F OP TEXAS )
1 COUNTY OP •;LLIA SOr:7
K(Cw ALL MEN BY T ; =tSi , .:_..,_...
P: A' Diamond Cons trur.tinn ('..nmpany or
City of San Antonio , County of Rexar , and State r,P.
as arn:ipal., anc Fag 1 Tnsuranre Cnmpany
authorize( under the Laws of the Sate o Texas to act as surety or. loopy:.-
for princ.ipals, are he and firmly bound unto the City of Round
Texas, hereinafter caller THE CITY, COUNTY OF WLLIA S ^':, TEX -.
(Owner), in the sum c (Thirty Five Thousand Five Hundred and 61/100
Do) s s ($ 35.500.61 ) for the payment whereof, the rain Pr roirra1 ar
Surety bond themselves, and their heirs, administrators, exeo;bnr
dsuccessors and assigns jointly and sverelly, by t o pry refs:
4 HER E" i,S, tile ninci al has enured into a certain v;ritten cor,t-a- -_
the 0v: ner, dated the 29th day air Mari -h , 1989 , tc. ... _ .
contract L- he. eby reEsrreo to and made a pert hereof as full..) and to _.
soma extent as if copies at. length herein consisting of:
Old Settlers Park at Palm Valley. Baseball Parks,
Backstops and Fence.
NOti THEREFORE, THE comoiTiONs OF 'PHIS OBLIGATIO ;,
that if the said Principal shall faithfully perform said contract and sh?i,
in all raspec`s, duly and faithfully observe and perform ail and g : sr
the ccnvenants, conditions and agreement- in and by said Contra-.,
acreec and convenented by the principal to be ooserved and rerforre:),
i:c udln but not "limited to, the repair of : nv are a!]. defects in F
wcrc, oo asooneu L. and resultinc from detects in Mau=i fur:i)re:i
or „_kr.arship of , the Principal in ■:-. the work c.vera' Cy
Contract and occurring within a ptriod of twelve (12) (nonths from
data of the Contract Completion Certificate and all other covenant=
conditions, according to the true intent and meaning of said Cont-:.o
and the Plans and Specifications hereto annexed, then recce::: L frig ccrt-
and effect.
PROVIDED, HOFEVEk, that this bond is executed pursuant to t .-
provsions of Article 5160 of the Reused. Civil Statut:s of Texas as
amended and all liabilities Article to the same extent as if it were. copies
at leng, rh herein.
Surety, for valve received, stipulates and agrees that no chance,
extension o`. time, alteration or addition to the terms of the contract, c-
to the work performed thereunder, or the puss, specifications, or
drawings accompanying the same, shall in anywise affect its obligation on
this bond, and it does hereby waive notice of any such chance, extension
of time, alteration or addition to the terms of the contract, or to the
work to be performed thereunder.
PBD-3
PER; 0R';: f;CS B0 D (continued)
•,;T. ^n•ESS ::HEi2ECP, the said Principal and Surety have an::
sealed this inrcrument this llth day of April , 1 89
Diamond Construction Co.
Prinnxl ��
3 y � )j4 =� // I / Q/7
T;'ic Corp. SPcratary
Ac:{r_:: 2720 Rigsby Ave.
'San Antonio, TX. 78222
The nine an :i an.ra s o' the Reside.nt Agent of Surat, is:
P n U -4
Eagle Insurance Company
Surety
Title Attormay -Tn -Farr
Ad1r—s 14607 San Pedro
San Antonio, TX 78732
TH!: IFE OP TEXAS )
CO 0)" IiL1A SON)
pA Y MENT BOND
THAT, Diamond Construrtion Company
of the City of San
DIA103
KNO ALL MEN: ,EY
An ton i
County of Rexar • arc State :Jr- Tpxng
dE principal, and
Eagle Insurance Company
authcr moor the ].:s of-the State ot Texas to acz s.s
for principals, are he and firmly bound unto THE CITY
ROCK, hereinafter cal1R.d T1-.E cir, cou Y
( the Penal sum of Thirty five thousand fi ves P hundred
and sixty one cents Dalian ($ 3 5,500 61
fr t..)e payment whereof, the said Principal' anu Surety t t.nemseivp,
an:: their heirs, admi-istrators, executors, successors and as:7.7s, join.:2.'
a.nd s-...-verally, by tli.,e presents:
F,AS, the Principal has entered into a certain wri_en c-..7.ntract
the owner, (33t20 the 791-h day of March , 1 , t.o
contract is hereby referred to and made a part hereof as fully an,: nc
•me extent as if copies at le.noth
N0' THEREFORE, .THE CONDITION' OF THIS OBLIGATION IS
.rEi A T I THE SAID Principal shall pay all claimants siot-Iving labor
matett,a1 to him cr o ibcontr.ctor in the procution of t•
or:Added for in said contract then, this obligation shall be void; otherwis,
Id remain in full force and effect;
'PROVIDED HON that this bond is executed pursJan':. Id
provisions of Article 5160 of the Revised Civil Statutes 05 Texas
amended and all liabilities on this bond shall be determined in accordanc-:
the provi!iions of and said Article to the same extent as LE it
copied at length herein.
Surety, for value recei.ved, stipulates and agrees that no change,
extension of time, alteration craddid.on to the terms of the contract, cr
to the work performed thereunder, or the plans, soecificetions
drawings accompanying the same shall in anywise affect its obligation
this bond, and it does hereby waive notice of any such chance, extensid:.
of time, alteration or addition to the terms of the contract, or to tho
work to be performed thers.under.
P D D-5
IN ■C rrNESs 'o; HER 11:0 F, the slici Principal and Surety
sealed this Instr_Iment this 11 day of April , 89. •
Diamond Construction, _Inc.
Prind.p.al
/
Tit.2e Corp. Secretary
Address 2790 !flashy Ave
San Antonio. TX. 70992
Po u-6
Eagle Insurance Company
Surcty
The name and. address of the Resident Agent of. Surety
A t tnrnpy -Th
1/.607 cap Podro
San Antonio, TX 78732
To be attached to Bond No. DIA103
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the Eagle Insurance Company,
a company dom' ^'' =-' in Texas, having its principal office in San
Antonio,Texas pursuant to the following resolution, adopted by
the Board of Directors of the said Company on April 27, 1987 to
wit:
"The Chairman, Managing director or
shall have authority, severally, to make, execute,
and deliver a power of attorney con -_` ing as
Attorneys -in -fact such persons, firms or corporations
as such c =° - = -s may select from time to time."
THEREFORE, the undersigned hereby make, constitute and appoint
Wa_vmond Lightfoot its true and lawful A__ _fey -in -fact , with full
power and authority hereby conferred in its name, place and
stead, to sign, execute, acknowledge and deliver in its behalf
and as its act and deed as follows:
Limited on behalf of the Company to .. sum US_E00,000
in its business and in accordance with its charter, to
bind Eagle Insurance Company Hereby, and all of the act
of said Attorney-in-fact, pursuant to these presents are
hereby r. - " ,, =d confirmed.
In Witness Whe -_of, Eagle Insurance Company has caused these
presents to be s`g _ by its Chairman Di_ - ^- or Secretary and
its Corporate Seal to be hereto affixed.
EAGLE INSURANCE COMPANY
Chairman / .:,aging Director/
Secreta=
CERTIFICATE
I, the undersigned, Secretary /Director of Eagle Insurance
Company, DO HEREBY CERTIFY that the foregoing and attached Power
of Attorney and C= - ^ of Authority remain in full force and
has not been evoked; and, _furthermore, that the Resolution of
the Board of - t-s, as set forth in the Certificate of
Authority, is now in force. -
Signed and sealed at San Antonio, Texas this 10 day of
April 1989.
` G D f
THIS IS CERTIFICATE NO: PAS FOR POWER OF ATTORNEY
THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. SHOULD
ANY OF THE POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF
THE ISSUING COMPANY WILL MAIL 1U DAYS WRITTEN NOTICE TO THE CER.
TIFICATE HOLDER NAMED:
�rTE.E1Di�R:�a4
R
Num
•
•
E`4,
INSURED
City of Roundrock
Roundrock, Texas 78664
Diamond Fence Company
2720 Rigsby Avenue
San Antonio, Texas 78222
0
TEXAS EMPLOYERS' INSURANCE ASSN. • DALLAS, TX
ID TEXAS EMPLOYERS INDEMNITY CO. • DALLAS, TX
CI EMPLOYERS CASUALTY COMPANY- DALLAS, TX
EMPLOYERS NATIONAL INSURANCE CO. • DALLAS, TX
EMPLOYERS CASUALTY CORPORATION • DALLAS, TX
1 8 EMPLOYERS NATIONAL INS. CORP • DALLAS, TX
EMPLOYERS OF TEXAS LLOYD'S • DALLAS, TX
Aed Rep ,e oto.e `7� /
(Sigignen'd) d)
Typed) SteDhen B. Smith Dip
ALL LIMITS IN THOUSANDS
GENERAL LIABILITY
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
y HIRED AUTOS
NON -OWNED AUTOS
GARAGE LIABILITY
EXCESS LIABIUTY
OTHER
WITNS
ESUED
WORKERS' COMPENSATION
ANO
EMPLOYERS' LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAMS NMDE OCCURRENCE
OWNER'S 8 CONTRACTORS PROTECTNE
OTHER THAN UMBRELLA FORM
Y REOUIREMEN
ERTJFICAT
E'INSURAN
1
E
2
WC -07616
TCP- E418670
BAA- 590092
DRION OF ANY CONTRACT OR OTHER DOCUM
6 -20 -88
12 - 10 - 88
5 -28 -88
6 -20 -89
12 -10 -89
5 -28 -89
ISSUE DATE OF THIS CERTIFICATE
April 10, 1989
ISSUED AT
San Antonio, Texas
STATUTORY
$ 500
$ 500 ISSEASE-oua UMm
$ 500
GENERAL AGGREGATE $ 2,000
$ 2,000
$ 1,000
PRODUCTS CO
EACH OCCURRENCE
CS.
PANAY
(PER PERSOR
$
I
AaDERT
PROPERTY
DAYiGE
POPS AGGREGATE
PERSONAL & AOVERT!SING INJURY
IRE DAMAGE IA NY ONE EIRE)
EDICAL ERPENSE IANI' ONE PERSON)
$ 1,000
OCCUWYAq
IEACR ACCIOE
1015E45LEACH EMPLOYEE;
$ 1,000
$ 50
$ 5
AG Rewa
cz
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. SHOULD
ANY OF THE POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF
THE ISSUING COMPANY WILL MAIL _ —DAYS WRITTEN NOTICE TO THE CER-
TIFICATE HOLDER NAMED:
GENERAL LIABIUTY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE ❑CCWRREMI
OWNERS L CONTRACTORS PROTECTME
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WI7N RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 70 ALL THE TERMS. EXCLUSIONS, AND CONDI-
TIONS OF SUCH POUCIES.
TYPE OF INSURANCE
WORKERS' COMPENSATION
AND
EMPLOYERS' UABIIJTY
AUTOMOBILE UABIL)TY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
EXCESS UABIIJTY
R OTHER THAN UMBRELLA FORM
OTHER
Builders Risk
CO.
NO,
POLICY NUMBER
3 BINDER
POLICY EFFECTIVE
DATE IIMIJOD/YYI
4 -3 -89
POLICY ERPIRATION ALL LIMITS IN THOUSANDS
DATE IMM /DD /YYI
6 -3 -89
STATUTORY e.m.n.,w,.,.,. .
E$
COMMENCE
See Remarks Below
1 $ (EACH ACCIDENT)
$ (DISEASE- POLICY LOAD
$ (DISEASE -4AOI EMPLOYEE)
GENERAL AGGREGATE $
PRODUCTS COMP/OPS AGGREGATE $
PERSONAL & ADVERTISING INJURY $
EACH OCCURRENCE $
PRE DAMAGE (ANY ONE PRE) $
MEDICAL EXPENSE (ANY ONE TIMOR $
i
AGGREGATX
Binder provides All Risk Coverage with a $500 deductible for fencing material valued at
$30.000 for the City of Round Rock to be installed by Diamond Fence.
COVERAGES
INSURED
City of Round Rock
Round Rock. TX 78664
Diamond Fence Co.
2720 Rigsby
San Antonio, TX 78222
TECO 17993 -9 (9-87)
CERTIFICATE OF INSURANCE
0
El
El
0
1 TEXAS EMPLOYERS' INSURANCE ASSN. • DALLAS, TX
TEXAS EMPLOYERS INDEMNITY CO. • DALLAS, TX
EMPLOYERS CASUALTY COMPANY • DALLAS, TX
EMPLOYERS NATIONAL INSURANCE CO. • DALLAS, TX
EMPLOYERS CASUALTY CORPORATION • DALLAS, TX
EMPLOYERS NATIONAL INS. CORP • DALLAS, TX
EMPLOYERS OF TEXAS LLOYD'S • DALLAS, TX
Aethonzed pre
(Signed)
ISSUE DATE OF THIS CERTIFICATE
April 5. 1989
ISSUED AT
San Antonio, Texas
TYpedJames W. Hawkins, Dist. Mgr.
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
OLD SETTLERS PARK AT PALM VALLEY BASEBALL PARKS
BACKSTOPS AND FENCES
Table of Contents
Section Description Page
1.0 Notice to Bidders NB -1
2.0 Bid Documents BD-1
3.0 Post Bin Documents PB0-1
40) General Conditions G C -1
50) Special Conditions SC -1
6.0 Technical Specifications
NOTICE TO BIDDERS
Sealed proposals addressed to the City Manager,City of Round Rock,
Texas 78664, for furnishing all labor, material and equipment and
performing all work required for the project titled Old Settlers Park
at Palm Valley Baseball Parks Backstops and Fencing (Construction of six
Little League Fields, One Pony —Colt Field and Two Girls Softball Fields)
will be received until Thursday March 2, 1989, 10:00 A.M. then publicly
opened and read aloud at City Council Chambers, City of Round Rock,
Texas. 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 (58) of the total bid
amount. Plans, Proposal Forms, Specifications, and Instruction to Bidders
may be obtained from the Department of Public Works, 300 South Blair,
in Round Rock, Texas beginning February 17, 1989 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 informalities and irregularities in the bids received.
The successful bidder will be expected to execute the standard
contract prepared by the City of Round Rock, and to furnish performance
and payment bonds as described in the bid documents.
Pub.Dates:
February 16, 1989
February 20, 1989
February 23, 1989
February 27, 1989
JOANNE LAND
City Secretary
City of Round Rock
7
INSTRUCTIONS TO BIDDERS
Prior to submitting any proposal, bidders are rec,;i -ed
read the plans, specifications, proposal, contract and
forms carefully; to inform themselves by their inde7.ende --
research, test and investigations of the difficulties
encountered and judge for themselves of the accessibil_.�. the work and all attending circumstances affecting the
of doing the work and the time required for its cor.r1 :-
and obtain all information required to make an int =' - ` _-
proposal.
2. Should the bidder find discrepancies in, or omissions f
the plans, specifications, or other documents, or sho,:_d
be in doubt as to their meaning, he should notify at o - :
the Engineer and obtain clarification or addendum pre=
submitting any bid.
3. It shall be the responsibility of the bidder to see that
bid is received at the place and time narned in
Invitation to Bidders. Bids received after closing time
be returned unopened.
4. Bids shall be submitted in sealed envelopes plainly r.a_'K_f
"Sealed Bid" and showing the name of the project, the
number, and the opening date and time.
Bids shall be submitted on proposal forms furnished b:
City of Round Rock.
6. All proposals shall be accompanied by a cashier's check up c
a National or State bank in an amount not less than five
percent (5%) of the total maximum bid price, payable withc_-
recourse to the City of Round Rock, or a bid bond in
same amount from a reliable surety company, as a guarannee
that the bidder will enter into a contract and executs
performance and payment bonds within ten (10) days c _-
notice of award of contract to him. Proposal guarantees
be submitted in the same sealed envelope with the props__ •
Proposals submitted without check or bid bonds will no-
considered.
All bid securities will promptly be returned to
respective bidder except that of the top three
successful bidders which the City of Round Rock will
until the successful bidder has executed the contract._
Thereafter, the security of the successful bidder will
returned.
8. Until the award of the contract, the City of Round Rcc'
reserves the right to reject any and all proposals and to
waive technicalities; to advertise for new proposals; or tc
do the work otherwise when the best interest of the City of
Round Rock will be thereby promoted.
BD -1
5. In case of ambiguity or lack of clarity in the state-.ent _.
prices in the bids, the City of Round Rock reserves -.._
right to consider the most favorable analysis thereof, cr
reject the bid. Unreasonable (or unbalanced) p * _ _ _
submitted in a bid may result in rejection of such
other bids.
10. Award of the contract, if awarded, will be made wct ._
thirty (30) days after opening of the proocsais, and
bidder may withdraw his proposal within said thirty
day period of time unless a prior award is made.
11. Within ten (10) days after written notification of award c_
the contract, the successful bidder must furnish
satisfactory performance bond in the amount of one-hundred
percent (100%) of the total contract price and
satisfactory payment bond in such amount, both duly exec_-
by such bidder as principal and by a corporate surer_: du1
authorized to so act under the laws of the Stat -_
_ of :exec
and Surety.
12. If the total project amount is less than $25,000.00, -..
performance and payment bond requirement will be waived ry
the City of Round Rock. Payment will be made follow
corr_etion of the work.
Failure to execute the construction contract within ten
days of written notification of award or failure to __.._
the surety bond as required, shall be just cause for -
annulment of the award. In case of the annulment of
award, the proposal guarantee shall become the proper_
the City of Round Rock, not as a penalty, but a
liquidated damage.
14. No contract shall be binding upon the City of Round
until it has been signed by its Mayor after having_ been c
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 contrac-
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 actua_
amount of work done and /or material furnished.
BD -2
17. No Texas sales tax shall be included in the prices bid tor
work under this contract. This contract is issued by an
organization which is qualified for exemption purs.ant 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 lea' all materials, supplies, equipment used or
consumed in the performance of this contract by is.sling to his
suppler an exemption certificate complying with State
Comptrnllpr'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.
19. A Base bid is being requested that includes all fencing for six
little league fields, two girls soft-WI fields and one pony -colt
field. An alternate bid is also being requested and includes only
backstops, side fencing to dugouts, and the dugouts themselves.
BD-3
1
1
*P* EAGLE INSURANCE CO.
BOND NO DTA102
8I0 BOND
KNOW ALL MEN BY THESE PRESENTS: That we,DIAMOND CONSTRUCTION CO.
as Principal (hereinafter called the "Principal). and EAGLE
INSURANCE COMPANY. a corporation organized in San Antonio, Texas.
as Surety (hereinafter called the "Surety "), are held and firmly
bound unto. CITY OF ROUND ROCK
as Obligee, thereinafter called the "Obligee" in the sum of
5% NOT TO EXCEED $10,000.00• for the payment of which sum well
and truly be made, the said Principal and the said Surety bind
ourselves. our heirs, and our executors, administrators,
successors, and assigns. jointly and severally. firmly by these
presents.
1
1
1
1
1
1
1
1
1
1
1
1
WHEREAS, The Principal has submitted a bid for OLD SETTLER'S PARK
AT PALM VALLEY BASEBALL PARKS, BACKSTOPS & FENCES.
NOW, THEREFORE. If the Obligee shall accept the bid of the
Principal and the Principal shall enter into contract with the
Obligee In accordance with the terms of such bid and give such
bond or bonds as may be specified in the bidding or contract
documents with - good and sufficient surety for faithful
performance of such contract and for the prompt payment of labor
and material furnished in the prosecution thereof, or In the
event of the failure of the Principal to enter into such contract
and give such bond or bonds, if the Principal shall pay to the
Obligee the difference not to exceed the penalty hereof between
the amount specified in said bid and such larger amount for which
the Obligee may in good faith contract with another party to
perform the work covered by said bid, then this obligation shall
be null and void otherwise to remain in full force and effect.
• Signed and sealed this 28th day of FEBRUARY A.O. 1989.
Witness
P. O. BOX 790868, SAN ANTONIO, TEXAS 78279
512/490 -0999 FAX: 512/494-6923
6 C .(Seal)
Signa ure of Principe)
By:
EAGLE INSURANCE COMPANY
To be attached to Bond No. OTA107
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the Eagle Insurance Company,
a company domiciled in Texas, having its principal office in San
Antonio,Texas pursuant to the following resolution, adopted by
the Board of Directors of the said Company on April 27, 1987 to
wit:
"The Chairman, Managing director or Secretary
shall have authority, severally, to make, execute,
and deliver a power of attorney constituting as
Attorneys -in -fact such persons, firms or corporations
as such officers may select from time to time."
THEREFORE, the undersigned hereby make, constitute and appoint
Waymond Lightfoot its true and lawful Attorney -in -fact, with full
power and authority hereby conferred in its name, place and
stead, to sign, execute, acknowledge and deliver in its behalf
and as its act and deed as follows:
Limited on behalf of the Company to the sum USS500,000
in its business and in accordance with its charter, to
bind Eagle Insurance Company thereby, and all of the act
of said Attorney -in -fact, pursuant to these presents are
hereby ratified and confirmed.
In Witness Whereof, Eagle Insurance Company has caused these
presents to be signed by its Chairman, Director or Secretary and
its Corporate Seal to be hereto affixed.
THIS IS CERTIFICATE NO: PAB
URANCE COMPANY
Chairman /Maryxging Director/
Secretary
CERTIFICATE
I, the undersigned, Secretary /Director of Eagle Insurance
Company, DO HEREBY CERTIFY that the foregoing and attached Power
of Attorney and Certificate of Authority remain in full force and
has not been revoked; 'and, furthermore, that the Resolution of
the Board of Directors, as set forth in the Certificate of
Authority, is now in force.
Signed and sealed at San Antonio, Texas this 28th day of
FEBRUARY 1989.
ec
c tary /Direc r
FOR POWER OF ATTORNEY
and firmly bound unto the
BID BOND
KNOK ALL MEN BY THESE PRESENTS, THAT WE
, 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 CONDrrIoQS OF THIS OBLIGATION ARE
has submitted the above mentioned bid
the work under the "SPECIFICATIONS FOR
opened at the office of the OWNER on
Principal
By: (Seal)
BD-4
, as PRINCIPAL and
, as SURETY, and held
SUCH, THAT whereas, said PRINCIPAT.,
to the OWNER, for construction for
CONSTRUCTION OF
, for which bids are to he
, 19 .
NOW, THEREFORE, if the PRINCIPAL is awarded the contract, and within the
time and manner required under the 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 faithful 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 OWNS 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
Surety
By:
(Seal)
PROPOSAL BIDDING SHEET
JOB NAME: Old Settlers Park at Palm Valley Baseball Parks
Backstop and Fencing
JOB LOCATION: Round Rock, Williamson Co., Texas
OWNER:
City of Round Rock, Texas
11 Gentlemen:
DATE: February, 1989
![
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 superintendance, labor, machinery, equipment, tools,
I materials, insurance and miscellaneous items, to complete all the work
on which he bids as provided by the attached supplemental specifications,
and as shown on the plans for the construction of Old Settlers Park at
Palm Valley Baseball Parks Backstops and Fencing and binds himself on
II acceptance of this proposal to execute a contract and bond for completing
said project within the time states, for the following prices, to wit:
ALTERNATE BID
11[.. Bid Item Description and Unit
Item Quantity Unit Written Unit Price Price Amount
LITTLE LEAGUE FIELDS
1. 420 L.F. Backstop Fencing 20 ft. high $ 32.82 $13,7x4.40
including all erection
I. accessories, fitting and
I fastenings.
9 guage fabric
THIRTEEN THOUAND SEVFN HI]Nf)RFD FTGHTYNY and
FORTY Cents
2. 240 L.F. Side Fencing 12 ft. high $ 12.74 $ 3,057.60
including all erection
accessories, fittings and
fastenings, 11 guage fabric
THREE THOUSAND FIFTY SEVEN Dollars and
1! SIXTY Cents
3. 1104 L.F. Dug Out Fencing 8 ft. high $ 11.47 $ 12,662.85
il Fencing including all
erection accessories,
fittings and fasteners,
11 guage fabric
TWELVE THOUSAND SIX HUNDRED SIXTY TWO Dollars and
1! FIGHTY Cents
BD -10
Bid Itc' Description and
Item Quantity Unit Written Unit Price
4. 2160 S.F. Metal Roofing 26 guage
Tennessee V with Wood
Supports
SEVEN THOUSAND FOUR HIINDRFD NINTY FIVF Dollars and
8. 252
TWFNTY Cents
5. 12 L.S. 3 foot wide gates for
Dug Outs 6 foot tall with
Accessories
ONE THOUSAND ONE HUNDRED NINTY SIX Dollars and
FORTY Cents
GIRLS SOFTBALL
6. 140 L.F. Backstop Fencing 20 ft. high
including all erection
accessories, fittings and
fastenings, 09 guage fabric
FOUR THOUSAND FIVE HUNDRED NINTY FOUR Dollars and
EIGHTY Cents
7. 80 L.F. Side Fencing 12 ft. high
including all erection
accessories, fittings and
fastenings, 11 guage fabric
ONE THOUSAND NINTEEN Dollars and
TWENTY • Cents
L.F. Dug Out Fencing 8 ft. high
Fencing, including all erection
accessories, fittings, and
fastenings, 11 guage fabric
TWO THOUSAND EIGHT HUNDRED NINTY Dollars and
FORTY FOUR Cents
TWO THOUSAND FOUR HUNDRED NINTY EIGHT_Dollars and
FORTY Cents
BD -11
C,nit
Price Amount
$ 3.47 $ 7,495.20
$99 7n $ 1.106 4n
$32.82 $ 4,594.80
$ 74 $ 1,n19 20
$ 11.47 $2,890.44
9. 720 S.F. Metal Roofing 26 guage $ 3.47 $2,498.40
❑essee V with Wood Supports
1
PONY COLT FIELD -
- Bid Item Description and Unit
Item Quantity Unit Written Unit Price Price Amount
10. 90 L.F. Backstop fencing 20 ft. high $32 R2 $ 2,q51 Rfl
including all erection
accessories, fittings and
fasteners, 09 guage fabric
TWO THOUSAND NINE HUNDRED FIFTY and
EIGHTY Cents
11. 100 L.F. Side Fencing 12 ft. high $12.74 $ 1,274.00
including all erection
accessories, fittings and
fasteners, 11 guage fabric
12. 138 L.F. Dugout Fencing 8 ft. high $11.47 $ 1,582.96
fencing including all erection
accessories, fittings and
fasteners, 11 guage fabric
ONE THOUSAND FIVE HUNDRED and
NINTY SIX Cents
13. 360 S.F. Metal Roofing 26 guage
Tennessee V with Wood
Supports
ONE THOUSAND TWO HUNDRED FORTY of ars and
TWENTY Cents
LESS 2% FOR 10 DAYS NET 30 DAYS
$ 3.47 $ 1,249.20
TOTAL ALTERNATE BID $ 56,259.28
I
1
1
1
1
1
1
1
1
If this proposal is accepted, the undersigned agrees to execute the contract and
provide necessary bonds and insurance certification as per the Instructions to
Bidders and commence work within five (5) days after written Notice to Proceed.
The undersigned further agrees to complete the work in full prior within 60 days
from notice to proceed.
The undersigned certifies that the bid prices contained inthe proposal have been
carefully checked and are submitted as correct and final. The owner reserves
the right to reject any or all bids and may waive any informalities.
Respectfully submitted,
DEAN K. OATMAN
— PRESTnFrvT
Title for:
DIAMOND CONSTRUCTION CO .
Name of Firm
-Zte;q, 2720 RIGSBY AVE
BD -13
SAN ANTONIO,TX. 78222
Address
512 - 333 - 0660
Telephone
Secrei/ary, if Contractor is
a orporation
THE SrATE OF TEXAS )
AGREEMENT
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF WILLIA MSON)
That this Agreement made and entered into this 9f4 day of / RCA
A.D., 1989, by and between the CITY OF ROUND ROCK, TEXAS, its
Mayor, First Party, hereinafter termed the Owner, and oA/O Co.vS 4c7?O.d 6.
of the City of SAnf 4 avo TeKe , County of *
State of FXAS , Second Party, hereinafter termed the
Contractor.
WITNES5ETH: That for an in consideration of the payments an
agreements hereinafter mentioned to be made and p by mid Fire
Party, (Owner), the said Second Party (Contractor) hereby agrees with
the First Party to commence and complete the construction c` certa ;
improvements at the prices are set forth in the Contractor's Proposel
dated 1 - 054401-V, MS? (mite yd certain improvement
d as follows:
The Contractor shall perform all work shown on the Plans an::
de in the Specifications and shall meet all requirements of thi.
Aareement, the General and Special Conditions of the Contract: and s;:ce
Orders and Agreements for Extra Work as may subsequently be entered 'c
the above named parties to this Agreement.
The Contractor hereby agrees to commence work under ten
contract within 5 consecutive calendar days after the date of the Notice
to Proceed given to the Contractor and shall cause work to pr in a
manner satisfactory to the Owner. Such work shall 'be cornple.ted in fell
within 60 calendar days after the date of the written Notice to Proceed,
Time is of the essence to this contract.
The Owner agrees to pay the Contractor in current funds, and to
make payments on account, for the performance of the work ie
accordance with the Contract, at the prices set forth in the Contracor's
Proposal,, subject to additions and deductions, all as provided in the
General Conditions of the Agreement.
The following documents together with this Agreement, compr=e
the Contract, and they are as fully a part thereof as if herein repeated
in full:
The Notice to Bidders
The Instructions to Bidders
The Proposal and Bidding Sheets
The Performance and Payment Bonds
The Certificate of Insurance
The General Conditions of Agreement
P B D -1
The Special Conditions of
Agreement
The Technical Specifications
Addenda
Change Orders
The Plans
The Basis of Measurement
Payment
R EE si ENT (continued)
I\ KITNESS HEREOF' the Parties to the presents have executed t;
Acreement in th E•! year and day first above written.
ATTEST:
CITY' OF ROUMD ROCK, TEXAS, OsCN:.R
P1? D-2
By
Mayor
249,0,4 6.45„71 ‘,
Contractor
PERFORMANCE POND
THE Sr„rE OF 'r - aX,aS )
KNOW ALL MEN BY
COGLTY OP v;LLIA MSON)
T :-i A T, of t
City of , County of , and State of
as principal, ena
authorized under the laws of the State of Texas to act as surety or oo^
for principals, are held and firmly bound unto the City of Round
Texas, hereinafter called THE CITY, COUNTY OF CM,LIA MSO i, TEX
(Owner.), in the penal sum of
Dollars (S ) for the payment whereof, the saio Prlicd nai
Surety bond then>vselves, and their heir, administrators, executer-_,
dsuccessors and assigns jointly and Fverally, by these prasents:
HER EAS, the principal l has entered rota a certain. r:ritten c ntr.o
the Owner, datad the day of , tc v __
contract is hereby referred to and made a part hereof as fuJi.y and to nn=,
same extant as if copies at length herein ccreisting of:
NON ThEREFORE, THE CONDITIONS OF 'PHIS OBLIGATION:
that if the said Principal shall faithfully perform said contract and s'uCL,
in
e.11 respects, duly and faithfully obesrve and perform all and .noule-
the convenants, conditions and agreements in and by said Contract,
acr ea and convenanted by the principal to 'Oe observed and per`orz e< ,
including bit hot limited to, the repair of any and as 'defects in
work occasioned by and resulting from defects in mater,ais furnished
or .eorkmarship of , the Principal in performing the work cover&
Contract and occurring within a period of twelve (12) months from
data of the Contract Completion Certificate and all other covenants and
conditions, according to the true intent and meaning of said Contrac_,
and the Plans and Specifications hereto annexed, then repeat_; in full for°,
and effect.
P R O V I D E D , HOWEVER, that this bond is executed pursuant to the
proviions of Article 5160 of the Revised Civil Statutes of Texas as
amended and all liabilities Article to the same extent as if it were c :osn
at length herein.
Surety, for value received, stipulates and agrees that no chance,
extension of time, alteration or addition to the terms of the contract, cr
to the work performed thereunder, or the plans, specifications, or
drawings accompanying the same, shall in anywise affect its obligation on
this bond, and it does hereby waive notice of any such chance, xtenaior.
of time, alteration or addition to the terms of the contract, or to the
work to be p thereunder.
PBD-3
PERFORM AiiCE BOnD (continued)
Iiv SSE; HE8EOF, the said Principal and Surety have gnu a �
seared this instrument this day of , 19
Principal Surety
By By
Ti *le Title
A ddr . Addr.s
The name am address of the Resident Agent of Surety is:
PED -4
Ti.: ✓I AiE OF TSX AS 1
CO'JN'TY OF wILLIA "^.SON)
T -AT,
PAYMENT BOND
KNOW ALL uF,N BY THESS �4ESF.
of the City of
County of ana State of
a princi;=31, ana
authorised under the lzes of the State of Texas to act as surety on it
for principals, are held and firmly bound unto THE CU
ROCK, hereinafter called THE CITY, COUNTY OF NII,LIANS'JC, TEX:';r
(0 MDH), in the penal sum of
Dollars ($
for tie payment whereof, the said Principal ,and Surety bond temselves,
and heir administrators, executors, successors and , join-:
a verally, by these prints:
WHEREAS, the Principal has entered into a certain w;iier. contract it - .
the Owner, dated the day of , , to
contract is hereby referred to and made a cart hereof as fully an,: to d'•>
sane extent as if copies at length herein.
? Ov THEREFORE, THE CONDITION OF THIS OBLIGA'II0N' 00 SUC -,
'PH A 'I' IF THE SAID Principal shall pay all claimants supnlyinc labor an.:
material to him or a subcontractor in the prosecution of the : cr
provided tor in said. contract then, this obligation shall be void; otierHiss
to remain in full force and effect;
PROVIDhD HOWEVER, that this bond is executed pursuant to t,•
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 it it ',Jena
copied at length herein.
Surety, for value received, stipulates and agrees that no chap - e,
extension of time, alteration or addition to the terms of the contract, cr
to the work txrformed thereunder, or the plans, soecifica_tin2 or
drawings accompanying the same shall in anywise affect its obiiaation c
this bond, and it does hereby waive notice of any such chance, extensic:
of time, alteration or addition to the terms of the contract, or to tr:_
work to be performed thereunder.
PBD -5
Iti 0:ITN ESS WHEREOF, the said Principal and Surety have sdon n : .
sealec this Instrument this day of , l
Principal
By
Title
Address
Surety
The name and address of the Resident Agent of Surety is:
I,o0-6
1
1
1
1
1
1 I
1
1
1
1
1
1
1
1
1
1
1
1
1
TYPE OF
INS'.'RANC_
Comprehers
General
I :
L--,t Street
Rock, Texas 7E664
THIS IS 7S CER Y THAT is, at the date of
this ce7tificate,insured by this company with respect to the business opera-
tions hereinafter described, for the types of insurance and in accordance
the previsions or the standard policies used by this company, and further he-e-
inefter descrbed_ Exceptions to standard policies are noted on the reverse
sic_ -, .
Protecti e
Comprehens :,_
Automob ",e
Liability
O,,ne
Ver,ices
Hired
VehitIes
Non ned
• Veh'.t'es
fro• yes
Co, -.: :_„al
Liabi
POLICY
NO.
EFFECTIVE EXPIRATION
DATE. DATE
PBD - 6
Date
DescriDtion of 4.'cr
.LIM1TS.OF.LTRF :L.
Statutory, S-at
Texas, $
Employer s - _
Bodily. -
S e_
Prope Da
e=- --
Bodily i njur.
$ ea
ea;
Property Da s
eat- Fa
Bodily injury
S
eat'
Property Da-.ate
ea c'
CERTIFICATE OF ThSURANCE (CONTINUED)
The above policiPS either in the Cody thereof or by a* procriat:-
endorsement provide that they may not be changed or canceller:
insurer in less than ten (10) days after the insured has receiveh sitter.
notice of such change or cancellation.
This Certificate. of Insurance neither affirmatively or negativeiv arenas,
extends, or alters the coverage afforded by policy or policies in:iicated t
this certificate.
(Nave of Insurer)
By:
Tithe:
Address:
PBD -S
MAINTENANCE BOND
BOND NJMBEK AMOU`.T
'raet we,
KNOt9 ALL MEN BY THESE PRESENTS,
"Principal") as Principal, and the
corporation duly organized under the laws of the State of
ano duly licensed to transact business in the State of
(hereinafter called the "Surety"), as Surety, are held and firmly hour
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 aai
principal and the lain Surety, bind ourselves, our heirs, e:ecuta,ri.,
administrators, successors and assigns, jointly and .m_veraUv,
these presents.
Sealed with our asa s and dated this day of
, A.0., nineteen hundred and
W HER E ?.S, the said Principal has heretofore entered into a cont.ract w__.
dated , 19 , for construction of
WHEREAS, the said Principal is required to guarantee the cors`ruction of
street improvements installed under said contract, against defects
material, or workmanship, which may develop during the period of
year(s) from the date of acceptance of the project a'oove descrioe.i, by
owner
THE CITY OF ROUND ROCK, TEXAS
NOW, THEREFORE, THE CONDI'T`IONS OF THE OHLI;A'I'10N Id SUCH,
that if cai ci Principal shall faithfully carry out and perform t^,e sa d
guarantee, and shall, on due notice, repair and make good at its own
expense any and all defects in materials or workmanship in the aaii wor::
which may develop during the period of year(s) from
the date of acceptance of the project above described, by owner
THE CTPY OF ROUND ROCK, TEXAS
or shall pay over, make good and reimburas to the said obligee all loss
and damage which said Obligee may sustain by reason of failure 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
Surety
by
P13 D -9
(hereina c ed to
1
1
Contents
1. Definition &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 1 .Vork
1.07 Extra NVork
LOS Worki_r.E Day
1.09 Ca'.ErICIEr Day
110 Substsntially Completed
2.. Responsibilities of the Engineer and the Contractor
2.01 Owner-Ene.neet Relationship
2.02 Professional Inspection by Engineer
2.03 Payments for ‘Vork
2.04 Initial Detei
2.05 Objections
2,02 Lines and Grades
2.27 Contractor's Duty and Superintendence
2.22 Con:ratter's Understanding
2.29 Character of Workmen
2.10 Contractor's Buildings
2.11 Sanitation
2.12 Shop Drawings
2.13 Pre Lir 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
3.06 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 Protectior, of Adjoining Property
General Conditions of Agreement
G C - 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
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 Pari_I Payments
5.05 Use of Completed Portions
5.06 Final Completion and Acceptance
5.07 Final Payment
5.08 Payments Withhe]d
5.09 Delayed Payments
6. Extra Work and Claims
6.01 Change Orders
6.02 Minor Changes
6.03 Extra U.'ork
6.04 Time of Fi Claims
6.05 Arbitration.
7. Abandonment of Contract
7.01 Abaccorunent by Contractor
7.02 Abandonment by Oumer
8. Subcontractors
8.01 Award of Subcontracts for Portions of the Work
8.02 Subcortractual Relations
8.03 Payments to Subcontractors
9. Separate Contracts
9.01 Owner's Right to Award Separate Contracts
9.02 Muttal Responsibility of Contracts
9.03 Cutting and Patching Under Separate Contracts
10. Protection of Persons and Properly
10.01 Safety Precautions and Programs
10.02 Safety of Persons and Property
10.03 Location and Protection of Utilities
CC -2
1
1
1
1
1
1
1
1
1
1
1
1
1:
1 c
1
1
1�.
1
1
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 sucr...-.
Agreement and are referred to throughout the Contract Documents as if singu1er in number and masc-..
Line M gender. The term Engineer means the Engineer or his duly authorized representative. The c..
neer shall be understood to be the Engineer of the Owner, and nothing contained in the Contras_
merits shati create any contractual or agency relationship between the Engineer and the Contract.:r.
1.02 Contract Documents
The Contract Documents shell consist of the Notice to Contractors, Instructions to Bidder_, Pr_ ;csa.
Signed Agreement, Performance and Payment Bonds (when required). Special Bonds lw roc__ --: •
General Conditions of the Agreement, Construction Specifications, Plans, and all modifications
incorporated in any of the documents before the execution of the agreement.
The Contra ^t Documents are complementary, and what is called for by any one shall be es bind: -.c
. died for by all. In case of conflict between any of the Contract Documents, priority of i. :e.
shall be in the following order: Signed Agreement, Performance and Payment Bonds, Spec:`: 1c -'5
any',, Proposal, Spe_'ial Conditions of Agreement, Notice to Contractors, Technical Specifications.
e . General Ccndi:ions of Agreement.
1.03 Sub - contractor
The terra Sub-Contractor, as employed herein, includes only those having a direct contras:
Contractor and it includes one who furnishes material worked to a special design according L.o
or specifications of this work, but does not include one who merely furnishes mate -ia_' no: so
1.04 Sub - subcontractor
The terra Sub.Subcontractor means one who has a direct or indirect contract with a subcon :ra_tc x
perform any of the work at the site and includes one who furnishes material worked to a special d_ -
according to the plans or specifications of this work, but does not include one who merely fu .s; -.er
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 cr :c a
member of the firm or to an officer of the corporation for whom it is intended, or if delivered at cr se-:
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
00.
GC-4
materials. Materials or work described in words which so applied have a well know- technical cr 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
1.09 Calendar Day
"Calends 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, far 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
1
1
1
1
1
1
1
1
1
1
1
1 ` -`)
judgment that the work has progressed to the point indicated to the best of his knowledge. ic:rr -.z_ •
and belief, but such approval of an application for payment to Contractor shat not be deemed es a rerr
sentation by Engineer that Engineer has made any examination to determine how or for what
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
Contractor ar,d the Owner relating to the execution or progress of the work or the ince:pt-e.7. -r. -
Contract Documents and the Engineer's decision shell be rendered in writing within a reascnat
which shall not be construed to be less than ten days, appeal to arbitration may be taken as
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 -_: _ ec
cordance with the meaning and intent of this contract, either party may file with the Eng ear
thirty days days his written objection to the decision, and by such action may reserve the right to
question so raised to arbitration as hereinafter provided.
2.06 Lines and Grades
Unless o :herwise specified, all lines and grades shall be furnished by the Engineer or his represer..:.s::•. - e
Whenever necessary, construction work shall be suspended to permit performance of this work, :',::
suspension will be as brief as practicable and the Contractor shall be allowed no extra cemcensa :s-
therefor. The Contractor shall give the Engineer ample notice of the time and place where lines en_
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 she" give adequate attention to the faithful prosecution and completion of th..:s c- 7.172.7 .
and shaii keen • on the work, during its progress, a competent English.speaking supenntender: 27. :: any
necess=7.• assistan ts to supervise and direct the work. The superintendent she]] rep :esent the
in his absence and e! 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
manner and method of completing his work under this contract, with full power and author: •-
the means, method and manner of performing such work, so long as such methods do not a
affect the completed improvements, the Owner and Engineer being interested only in the resu:_ cons - ec
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 end o
persons, as well as for the protection of the safety of the improvements being erected and the proper: -. - a.
himself or any other person, as a result of his operations hereunder. Engineering construction drew.i.gs
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 Co de• :late
from the plans and specifications, the intent of such drawings, specifications and any other such istrac-
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 nonuse, 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 00 by means of approval of shop draw-
-
GC-5
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 corn•
pleted construction work will conform thereto, and shall in no way relieve the Contractor from full and
complete responsibility for the proper performance of his work on the project, including but not limited
to the propriety of means and methods of the Contractor in performing said contract, and the adequacy
of any designs. plans or other facilities for accomplishing such performance. Deviation by the Contractor
from plans and specifications that may have been in evidence during any such visitation or observation
by the Engineer, or any of his representatives, whether called to the Contractor's attention or not shall
in no way relieve 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 mod•,. - 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 5500.00 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 ocher 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 pus
upon them with reasonable promptness, making desired corrections. The Contractor shall make any cor-
rections required by the Engineer. file with hirn 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 hirn 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 ell 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
GC-6
w. 7.''O
1
1
1
1
1
1
or schedules to result in finished improvements in conformity with the plans and sped italic,
shall not relieve the Contractor of his duty as an independent contractor as previously set fort:., :.
expressly understood and agreed that the Engineer does not assume any duty to pass c,, r. ,.-..
propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby,
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 turn s'-.in.c.
Contractor of good material, and of his performing good work as herein described, and in full 5C2- .
with the plans and specifications. No failure or omission of the Engineer to discover, object to
condemn any defective work or material shall release the Contractor from the obligations to e:. -
properly perforrn the contract, including without limitations, the obligation to at once tear our, re.....
and properly replace the same at any time prior to final acceptance upon the discovery of said defect-.
work or material: provided, however, that the Engineer shall, upon request of the Contractor. it -_c.
and accept or reject any material furnished, and in event the material has been once accepted by
.:.r
Engineer, such acceptance shall be binding on the Owner, unless it can be clearly shown tc_l
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 E.n.g_ ee:
b a.' acceptance, and if found not in accordance with the plans and /or specifications for said
expense of removing. reexamination and replacement shall be borne by the Contractor, of e =se
expense gnus incurred shall be allowed as Extra Work, and shall be paid for by the Owner: _.ol
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
approval he shall bear all expense of taking up, removing, and replacing this work if so directed
Engineer.
2.14 Detects and Their Remedies
It is further areed that if the work or any part thereof, or any material brought on the site Of :_e
for use in the work or selected for the same, shall be deemed by the Engineer as unsuirzble c. -c....
conformity with the plans, specifications, or the intent thereof, the Contractor shall, after re:e
written notice thereof from the Engineer, forthwith remove such material and rebuild or c :r.er. _v-
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 C' -,r
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 valid*,
of this contract and the accompanying Performance and Payment Bonds.
If such charges or alterations diminish the quantity of the work to be done, they shall not const;.,..e the
basis for a claim for damages, or anticipated profits on the work that may be dispensed with, except 85
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 tor
according to the quantity actually done and at the unit price,•if any, established for such work ender
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 Cr' 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 morel field inspectors at the work site for the limited purpose of
GC-7
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 end 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 mean,
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 plan
and specifications without expense to him, and the Contractor shall keep one copy of the sane 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. AU models are the property of the Owner.
3.03 Adequacy of Design
It is uncle -stood 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 tha:
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
GC-9
1
1
1
1
1
1
1 ✓
companies regulated by City franchises, but the City shall not be responsible for delays c- r.
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 mater :_,
be furnished in accordance with the generally accepted practice, and in the event of any dis.rc:
between the separate contract documents, the priority of interpretation defined under "Contrec:
ments" shall govern. In the event that there is still any doubt as to the meaning and intent c: er. :•
tion of the contract, specifications or drawings, the Engineer shall define which is intended to a0- '. .
the work.
3.07 Equipment, Materials and Construction Plant
The Contractor shall be responsible for the care, preservation. conservation, and protection of e. r..s.e
rials, supplies. machinery, equipment. tools, apparatus, accessories, facilities, all means of constr :.:. -..
and er.y and all parts of the work, whether the Contractor has been paid, partially paid. or net pa . -
such work, until the entire work is completed and accepted.
3.05 Damages
In the event the Contractor is damaged in the course of completion of the work by the act, negiec:. •
sion, mistake or default of the Owner or Engineer, thereby causing loss to the Contractor, the
agrees that he will reimburse the Contractor for such loss. In the event the Owner is damaged :-
course of the work by the act, negligence, omission, mistake or default of the Contractor, or son. - ::.-.e
Contractor unreasonably delay the progress of the work being done by others on the job so so tc
loss for which the Owner becomes liable, then the Contractor shall reimburse the Owner for 5.
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
on or near the work and shall comply with all applicable provisions of Federal, State, and Mcr..: o.
safety laws and building and construction codes. All machinery and equipment and other t .Z_.,
ha.cards shall be eta :dad in accordance with the "Manual of Accident Prevention Cons :rrc ::r -
the Associated Genera! Contractors of America except where incompatible with Federal, Stale. c.
Municipal laws or regulations. The Contractor shall provide such machinery guards, safe wa :. : -avr.
Ladders. bridges, gangplanks, and other safety devices. The safety precautions actually taken ant :ne:.
adequacy shall be the sole responsibility of the Contractor, acting at his discretion as an indece-_c -•
contractor.
3.10 Performance and Payment Bonds
Unless otherwise specified, it is further agreed by the parties to this Contract that the Cantrec. -x - -
execute separate performance and payment bonds, each in the sum of one hundred ;150) percent c: ; --
total contract price, in standard forms for this purpose, guaranteeing faithful performance of :`._ rk
and the fulfillment of any guarantees required, and further guaranteeing payment to all persons s_ c:;
ing labor and materials or furnishing him any equipment in the execution of the Contract, anal it is
agreed that this Contract shall not be in effect until such performance and payment bonds are fu- .:'.ad
and approved by the Owner.
Unless otherwise approved in writing by the Owner, the surety company underwriting the bonds s...
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 Stare of
Texas.
Unless otherwise specified, the cost of the premium for the performance and payment bonds sh_:1 be
included in the Contractor's proposal.
GC 0
3.12 Losses frorn 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 some, 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•
Lion; 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 riot apply to any claim of
any kind a_ 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 ]awful demands of sub - contractors, laborers, workmen, mechanics, materialmen and
• furnishers of rnachinery and parts thereof, equipment, power tools, and all supplies, including commis-
sary, injured 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 Co- :rector 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 al such lawful ciai-ns 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. upor. the On. 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 shat 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 shell 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 ahall indemnify and save
harmless the Owner and Engineer against any claim arising from the violation of any such law,, ordi-
nances. and regulations whether by the Contractor or his employees, except where such violation, are
called for by the provisions of the Contract Documents. If the Contractor observe, 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
GC -10
1
1
1 )
1
1
1
1
1
performs any work knowing it to be contrary to such laws, ordinances, rules and regulations. and sr..,r
out such notice to the Engineer, he shall bear all costs arising therefrom. In case the Owner is e
politgc and corporate, the law from which it derives its powers, insofar as the same regulates the cbct
for which, or the manner in which, or the conditions under which the Owner may enter into ccrtr__:
shall be controlling, and shall be considered as part of this contract, to the same effect as t... ,
embodied herein.
3.16 Assignment and Subletting
The Contractor further agrees that he will retain personal control and wit give his personal attention to
the fulfillment of this contract and that he will not assign by Power of Attorney, or otherwise. or Ste
said contract without the written consent of the Engineer, and that no part or feature of the work u _. b:
sublet to anyone objectionable to the Engineer or the Owner. The Contractor further agrees th._t
subletting of any portion, or feature of the work, or materials required in the performance of this c ..-
tract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this Ag7E.E
oent.
3.17 Indemnification
The Contractor shell defend, indemnify and hold harniless the Owner and the Engineer and their resow -
b e officers, agents and employees, from and against all damages, claims, losses, demands, suit`. judz-
ments end costs, including reasonable attorneys' fees and expenses. arising out of or resulting ::c.- t::.-
perfermance of the work, provided that any such damages, claim, loss, demand, suit. judgment, cost or
expense:
i11 Is att= butabie to bodily iniury, sickness, disease or death to any person including Cortre :tcr s
employees and any Subcontractor's employers and any Sub-Subcontractor's employees cr
injury to or destruction of tangible property including Contractor's property (other than :.`.s
work itself) and the property of any Subcontractor or Sub-Subcontractor including the toss c`
use resulting therefrom; and,
(21 Is caused Lo whole or in part by any intentional or negligent act or omission of the Cont:a:tor.
arty Sub-Subcontractor, anyone directly or indirectly employed by any one of them o.* anvcn=_
for whose acts any of them may be liable, regardless of whether or not it is caused in par hy a
party i.de�:if:ed hereunder.
The obligation of the Contractor under this Paragraph shall not extend to the liability of the Eng_ -ear,
his agents or employees arising out of the preparation or approval of maps, drawings, reports, sun: e•: s
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 instructors `•: the
Engineer, his agents or employees, provided such giving or failure to give is the sole cause of the in _-}
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 b_-_...
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 5300.00C for
each occurrence including like coverage for acts and omissions of Subcontractors and
contractual liability coverage.
G C -:1
C Prcoert•• De -sae ]nsu -e.ce w..^. minimum I'.i:s of SS0,000 for each occurrence inci',.c :na i.,.-
coverage for acts and omissions of Subcor..tractors and contractual liability' coverage.
L. • utcmc`_ile Liab In=urance for all owned, non-owned, and hired vehicles with. rnin_m..: -.
limits for Body injury of $100,000 for each person and 5300,000 for each occurrence etc
Property Damage m.inL um limits of 550.000 for each occurrence. Contractor shell require s..-
cr..:-cc:ors tr7 crov:de Automobile Liebillty Insurance with same minimum (limits.
The Cc :.trs:1cr s..__ ..c: commence work et the site under this contract ur.:L he has obtaned a:: re-
q. ec insurance and u-:� such insurance has been approved by the Owner ar.d Er.gineer. The Con :rsc
for shall no: allow any Subcontractors to commence work until all insurance required has been obtain:
and approved. Approval of the insurance by the Owner and Engineer shall not relieve or decrease the
l rib a of :he Contractor hereunder.
The required insurance must be •-uteri by e company licensed to do business i^. Texas at the time th.F
policy is issued. In addition, the company must be acceptable to the Owner and all insurance (other than
work rep.'s compensation: shall be endorsed to include the Owner as an additional insured thereunder.
The Contractor shall no: cause any ir.surance'to be cancelled nor permit any insurance to lapse, AL in-
surance certificates shall include a clsuse to the effect that the policy shall not be cancelled or reduced.
restdc :ec or limited until ten (101 days after the Owner has received written notice as evidenced b
retch race..: cf regis:e red cr certified letter. Certificates of Insurance sha_i contain transcripts from the
proper efface of Cne _. -.:rec. evidencing i. particular those insured, the extent of the trsuresce,
flop. and the opera :.uns to which the insurance applies, the expiration date, and the above men :roc c
notice c.` ce :cei.a :iqc clause.
3.15 =iHa1 Cie27.
Utcr. the completion cf the or end before acceptance and final payment wilt be made, the Con:racor
shall clean and remove from :he site of the work. surplus and discarded materials, temporary s :n:c :_'n
and cebrs of even kind. He she': leave the site of the work in a neat and orderly condition at leas: ecue_:
tc tile. which originally existed. Surplus and waste materials removed from the site of the wort shall `_-
disposed of at locations satisfactory to the Engineer.
In the event Contractor fails c- refuses to clean and remove surplus materials and debris as a'tc:e
provided. :he Owner or Engineer may do so, or cause same to be done, at the Contractor's expense and
the reasonable cos: -a-of shall. be deducted from the final payment.
3.20 Guarantee Acsinst Defective Work
The contractor warrants the materials and workmanship and that the work is in conformance wit`. the
plans and specifications included in this contract for a period of one year from the date of accep:a.oce of the
project. Said warrant b ri the contractor to correct any work that does not conform.: with such plans and
speccications or any defects in workmanship or materials furnished under this contract which may be d_-
covered w ' - '"e sal,: one year period. The Contractor shall at his own expense correct such defect
thirty days after receiving written notice of such defect from the Owner or Engineer by repairing same �,
the condition called for in the contract documents and plans and specifications. Should the Contractor fa::
or refuse 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. Al] 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. Tl:e
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 roaterisia 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, cis -
cellaceous steel, gas: iron materials, etc.. the Contractor will be required to furnish a manufacturer's cer•
tifi;at.e stating :ha: the material meets the requirements specified for this project.
GO-12
1
.19
1
1
1�
1
1
1
1 .)
1
1
1
1
1
1
1
1
4. Prosecution and Progress
4.01 Time and Order of Complelion
It is the meaning and intent of this contract, unless otherwise herein specifically provided. the::`_ 1.rn
tractor shatl be allowed to prosecute his work at such times and seasons, it such order of ;
end in such manner as shall be most conducive to economy of construction; provided, however. _.-._ .
order e-d the time of prosecution shall be such that the work shall be substantially completed as z -.
and in part. in accordance with this contract. the plans and specifications, and within. the time c..
^lion designated in the Proposal: provided, also, that when the Owner is having other 777 =
either by contract or by his own force, the Engineer may direct the time and manner of constr_- c -?-
,.k done under this contract, so that conflict will be avoided and the construction of the •:auras
being done for the Owner shall be harmonized.
•:`e Contractor shall submit, at such times as may reasonably be requested by the Engineer.
which shat! show the order in which the Contractor proposes to carry on the work, with dates a:
the Contractor will start the several parts of the work, and estimated dates of completion of
p ts.
4.02 Extension of Time
Should the Contractor be delayed in the completion of the work by any act or neglect of t'nE
Engineer. or of any employee of either. or by other contractors employed by the Owner, or by cFar
ordered in the work, or by strikes, lockouts, fires, and unusual delays by common carriers, or 1:72'-:;1'
E cause 05 reuses beyond the Contractor's control, or by any cause which the Engineer shai.
justifies the delay, then an extension of time shall be allowed for completing the work, sufficie's tz c-_..
pensate for the delay, the amount of the extension to be determined by the Engineer. provided.
that the Contractor shall give the Engineer prompt notice in writing of the cause of such delay.
Atvet weather conditions will not be justification for extension of time on —Calendar
4.03 Hindrances and Delays
tic darns shall be made by the Contractor for damages resulting from h ndre_nces or delays :-
cause (except where the work is stopped by order of and for the convenience of the Owner)
propess of any portion of the work embraced in this contract. In case said work shat' be stopper
en of the Owner. then such expense as in the judgment of the Engineer is caused by such st �.: _L
said work shall be paid by the Owner to the Contractor.
5. Measurement and Payment
5.01 Quantities and Measurements
Nc extra or customary measurements of any kind will be allowed, but the actual measured arc c.'o. _.
puled length. area. solid contents, number and weight only shall be considered, unless othe =se
c'_`icaily provided.
5.02 Estimated Quantities
This agreement, including the specifications, plans and estimate, is intended to show clearly a'' ae-k In
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 apprcx:
date and are to be used only as a basis for estimating the probable cost of the work and for comps ri g
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 fc- t:.e
actual amount of such work done and the material furnished.
N're-e , or.
e-.t L based or the ur a - damages. t pce method, the Contractor agrees that he wiL -o::e ro cla:
damages. er. ;iucs:ed pccO. :s or cthe - -ise on account of any differences which may be fo d betwee'- '
quay. :.es cr. work act d y done. the ^a :aria3 actually furnished under this contra:: and the
Gu�.tiaes c,-:em.pleted ant contained to the proposal: provided. however. that in case the acr,:e:
city of any r-a cr item should become as much as 20% more than, or 20'-, less than the es:- aced
te.np'',eted quantity for such items, then either party to this Agreement. upon demand, she. be e-
tr a consideration upon the portion of the work above or below 20% of the e=ta.na:.ed
A "? teem" shalll be ccrs:rved to be any individual bid item interred in the propose' :he' re.•
tote: cos: ecual to or greater than. five f5? per cent of the total contract cost, compute' on the bas.-
the propose, q•.:ar.t:ues and :he contract unit prices.
Any re' lsed cons'.dereticn, s to be determined by agreement between the pa.-ties. otherwise by the :.e —_•
of c.. _ .Agreement, as prop - :ded under "Extra Work."
5.03 Price of Work
In consideration of the furnishing of all the necessary labor, equipment and material, and the com.p'.e:. n.
c! a_ work h the Cc- tractcr. and or the completion of all work and or. the delivery cf a:: rtater-a: e_ •
breve_ lr, Ccr. :ear: f;!: conformity with the specifications and stipulations here_ coma net.
7Ey ,_e Contractor Cr.e prices net forth s the Proposal hereto attached. ww :hic :. ha<
rc•._e a n. :h n :on_:, he Contractor hereby agrees to receive such prices c. r_._.
ma c is
E2 a. ia ren:.red for the aforesaid work, also for all expense incurred by : and for
a✓d trZy pe =c _ t the same and the whole thereof Le the manner and according to tbls Agr
5._ .= a •.a! Pa ,— e - .ts
Or. =r _e.c e :F.5 ;s: da c`. eE:F or • the Contractor shall submit to the Engineer a sutzment
the -Luc of th =c_k pen orred up to and including the 25th day of the preceding mor - :n The
me-.: 5.,21: z <:. _,:,_de the value of all sound materiels delivered on the lob site and tc be included = ._.
__ _.- - wc:- whether bid e_s a lump sum on a uni ::tem_ wl- ch in the o , aot of tr
E:r_eer _ e rep :a :.e. The Engineer sha'L examine and approve or W .`
od.- and approve s,._c y state:7 -.
The Caner s :h.e_ t'-en pay the Contractor on or before the 2Pthday of the current month the
a.:.,_r., cf the _ •ved s,a:e -.eat, less 10 per cent of Lhe amount thereof`, which per to -.t s..a_ _.
rets:ced unit: .tea_ payment. and further less all previous payments and al: further _...•._ .:-.at me.
:he O' ^ -.?r e .Ce' :.':E tern-.5 of this Agreement. It is understood, however, _r:E ::o CasE :. .
whole went:::, .•_ar w term :ietion and some unexpected and unusual delay occurs due to
nec.nn: -. :he pan. the Owner may -upon written recc- .mendation c...: C- neer-
pa∎ a -easo -a :le arc equitab portion of the retained percentage to the Contractor: or .he
the Cw -rer s ion. may be relieved of the obligation: to fully complete the work and, thereupon. :7. '
Coe. ;,zc :c s__ .e- :e _ paomen: of the balance due him under the contract subject or::: to the tor:
..
:ions sta_5:: ,. -face Pa rner.t.
5.05 Use of Completed Portions
The Cwcer shat' have the right to take possession of and use any completed or partiality completed p.:7-
Lions cf the work, notwithstanding the time for completing the entire work or such portions may nt..
have expced but such taking possessior, and use shall not be deemed an acceptance of any work r.,.
completed In accordance with the Contract Documents. If such prior use increases the cost of or dodo y
the work. the Contractor shall be entitled to such extra compensation, or extension of time, or both. a•
the Engineer may determine.
The Contractor shall notify the Engineer when in the Contractor's opinion, the contract is "substar,
tially completed" and when so notifying the Engineer, the Contractor shall furnish to the Engineer o
writing a detailed list of unfinished work. The Engineer will review the Contractor's list of unfir.ishe:
work and w•ic add thereto such items as the Contractor has failed to include. The "substantial corr.p'e
tion of the structure or facility shall not excuse the Contractor from performing all of the work under
taken, wr -e :nee of E m. :nor b- malor nature. and thereby completing the structure or facility in accor-
dance : : :,
GC :<
1
1
1
1
1
1
1
1
1
1
i1
1
1
5.06 Final Completion and Acceptance
Within ten (10) days after the Contractor has given the Engineer written notice that the work = -zs -
completed. or substantially completed, the Engineer and the Owner shalt inspect the work and =_r.
said time, if the work be found to he completed in accordance with the Contract Documents. tt
neer shall issue to the Owner and the Contractor h0s Certificate of Completion, and thereupon. :_ s'a
the duty of the Owner within. ten (10) days to issue a Certificate of Acceptance of the work to :'._ --
tractor or to advise the Contractor in writing of the reason for nonacceptance.
5.07 Final Payment
Upon the issuance of the Certificate of Completion, the Engineer shall proceed to hake final r_.E,.-_
ments and prepare final statement for the value of all work performed and materials furnished lIr._e-
terms of the Agreement and shall certify same to the Owner, who shall pay to the Contractor :r.
before the 30th day. and before the 35th day, after the date of the Certificate of Completion, the
due the Contractor under the terms of this contract: and said payment shall become due in.. eov ear.
upon said perfon-nar.ce by the Contractor. Neither the Certificate of Acceptance nor the !Ina.] o ..r.-
nor any provision in the Contract Documents, shall relieve the Contractor of the obligatico
meat of any warranty which may be required.
5.08 Payments Withheld
The Owner mar, on account. of subsequently discovered evidence, withhold or nullify the who'.
of any certificate to such extent as may be necessary to protect himself from loss on account c..
(el Defectwe work not remedied or other obligations hereunder not done,
(b) Claims filed or reasonable evidence indicating probable filing of claims.
(c) Fa )ure of the Contractor to make payments properly to subcontractors or for rnate_e t, ._ :. -.
(d) Danns.)te to a nother contractor.
(e) Reasonable doubt that the work can be completed for the unpaid balance of the contra::
(f) Reasonable indication that the work will not be completed wft' r. the contract t ^e
When the above grounds are removed or the Contractor provides a Surety Bond satisfac :cr:
Owner, which will protect the Owner in the amount withheld, payment shall be made for
w; :hheld 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 fine: ss :c
me.. ^.t, when payment is due, then the Owner shall pay to the Contractor, in addition to the sun: 5.7,:7 e<
due by such statement, interest thereon at the rate of 6% per annum, unless otherwise specified. iron dc:,
due as provided under 'partial payments' and 'final payments,' until fully paid, which shall fully
any injury to the contractor growing out of such delay in payment. It is expressly agreed that delay
Owner in making payment to the Contractor of the sum named in any partial or final statement sh_) no:
constitute a breach of this contract on the part of the Owner nor an abandonment thereof nor
any extent or for any time relieve the Contractor of his obligations to fully and completely perk= 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.
a.. 7 175
OC:5
In LhE eu he C07.:7BC:07 ref-i5e to execute a Change Order which has been prepared by thc
Er.pneer and executed bv the Owner, the Engineer may ir. writing instruct the Contractor to proceei
W,th the work as set for.h Ir. the Char.ge Order and the Contractor rr.ay make agar: the Ownc
for Extra VCork Irro e erti.^., as he-:e: provided.
6.C:2 Minor Changes
The Er.e.neer may au-.e minor changes in the work not inconsistent with the overall intent of I:,
Contract Docurnent.s and r.c: involv:ng an increa.se in Contract Price. If the Contractor believes that an:.
minor change cr alteration authorized by the Engineer involves Extra Work and er.titles hi to an
crease in the Contract Price, the Contractor shall make written request to the Eng'..neer for a w-r.:ton
Fied (Drer.
In such, Ce 5E. the Contractor bv copy of his communication to the Engineer or otherwise in writing sr.L.
advise the Owner of his request to the Engineer for a written Field Order and that work involved rna>
result in an increase in the Contract Price.
Arty 7ec:..:E.s: by the Contractor for a change in Contract Price shall be made prior to beg the wcr
CO3e7e0 07.e 77C cnange.
E1.7e-k tne nE-5:5 of compensation to the Contractor fo: work ei:he:- added 07 de;e:e0 t
Cns_r.re C7::€7 0: fc: a cs.j.cr., for Extra Work is made small be determine-d by the prices
wn= tOis rcntr.ot was b,d to t.re extent such work car. be ai2 classified the var,cus work :1E7::
tbs. cannot be so classified by one or more of the fo?icwing rdetb,dr.
Yi!nod
Ey EETE-:,-: 71:: pr:zse, cr
Ey agreed
Yelc,o.t
11 nether 51c;o: A nor !--fethod (8) be agreed upon before the Extra Work is commenced
then
.he Contractor shL: be paid the "actual field cost" of the work, plus fifteen (1 percent
In :be evE7.: ea. d Ex:ra pe:lomned and paid for under Method (C), then the provisions of
pararapn she.2., apply and the "actual field cost is hereby defined to include the cost to the Contractor
of aLi wori.,men. such as fcrernsn, timekeepers. mechanics and laborers, and materials, supplies. tricks
ren:air 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 actua,i transpor-....•
tion charges necessa_-lly incurred. together with al 1 power, fuel, lubricants, water and sii a.r operating
expenses. also all necessary inciciental expenses incurred dLrectly on account of such Extra Work
includMg 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 07
ord.r.ance. or directed by the Owner, or by them agreed to. The Engineer may direct the form in which
accoucts of the "BCV,:ill field cost" shall be kept and the records of these accounts shall be made avail•
able to the Er,g-ineer. 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; other-wise
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_ W'nere practicable the terrns and prices for the use of machinery and equipment shall be incor-
porated in the Written Extra Work Order. The fifteen (15%1 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
cos: as rere:n defined. save that where the Contractor's Camp or Field Office must be maintained pre.
1
1
1
1
1
1
1
1
1
11
1
1
1
1
1
1
1
rner!y on account of such Extra ''ork: then the cost to maintain and operate the same shall be in:,
in the "actual field cost_"
No claim for Extra Work of any kind will be allowed unless ordered in writing by the Engineer_ :r case •
any orders or instructions. either oral or written, appear to the Contractor to involve Extra Wear, for
which he should receive compensation or an adjustment in the construction time, he shall make w•:.en
request to the Engineer for written order authorizing such Extra Work. Should a difference of cpLb,on
apse as to what does or does not constitute Extra Work, or as to the payment therefor. an_ t..=
Engineer insists upon its performance, the Contractor shall proceed with the work after making wrtttfr.
request for written order and shall keep an accurate account of the "actual field cost" thereof. as pro-
vided under Method (CI. The Contractor will thereby preserve the right to submit the mai er ci
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 (301 days after the Engineer :.as
given any directions, order or instruction to which the Contractor desires to take exception. Tne
Engneer shall reply within thirty (30) days to such written exceptions by the Contractor and render -_
final decision in aTiting. In case the Contractor should appeal from the Engineer's decision. any der..a -c
for arbitration shall be filed with the Engineer and the Owner in writing within ten (10) days
date of deliver to Contractor of the Engineer's final decision. It is further agreed that final acre_ :ar.c_ -
of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar .b
any claims by either party. except claims by Owner for defective work or enforcement of warras : :es a.._
except as noted otherwise in the contract documents.
6.05 Arbitration
AL questions of dispute under this Agreement shall be submitted to arbitration at the request o` either
part' to the dispute. The parties may agree upon one arbiter, otherwise, there shall be three, one W=aned
Lb writing by each party, and the third chosen by the two arbiters so selected; or if the arbiters la to
select a third within ten t10) days, he shall be chosen by a District Judge serving the County in w n,ch
the major portion of the project is located. unless otherwise specified. Should the party deman d_.c
arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shat .a :se,
and the decision of the Encineer shall be final and binding on him. Should the other party fail to c:^e,se
an arbiter within ten (10) days, the Engineer shall appoint such arbiter. Should either party reS.se cr
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 shell act with promptness. The decision of any two shall be binding on both parties k 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
.r in court to ez-ry 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, end
it 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, end
sr..all 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
CC
th Er,p-in when such orders are consisier.: with the Contract Documents, then, st.r.c: thL: Ce5•2,
where perfcrrnEnce Enri pey.m.ent bonds exist. the Sureties on these bonds shaL be notified in 'tog and
directeci cornplete the 'r or. and a copy of said notice shall be delivered to the Contractor.
After rece;-..ing said r.o:ic-e cf abandonment the Contractor s'naLl not remove from the work any machin-
ery, equipment. tools, materiels cr supplies then on the job, but the same. together v. any meter:els
a_nra equipment under contract for the work, may be held for use or, the work by the 0, or the Surety
on the per:orrne-nce bond, or another contractor in completion of the work: and the Contractor shail not
receive any rental or credit therefor (except when used in connection with Extra Work, where credit sh2.22.
be allowed as provided for under Section 6. Extra Work and Claims), it being understood that the use of
such equipment and t-Laterias wil! u!tinciately reduce the cost to complete the work and be reflected
the final se:i!en-_ent.
\Vhere there is no perforrnance bond_ provided or in case the Surety should fail to corr-mence compliance
w:th the notice for comp]etion hereinbefore provided for, within ten (10) days after service of such notice,
her the Owner rnev provide for completion of the work in either of the following elective manners:
(I) The Owner may thezeupon 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 Sc said Con-
tractcr. 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 co the Contractor under and
by s000e of thos 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
Certrector shall receive the difference. In case such expense is greater than the sum
wh:ch i:d have been pEyal. under this contract, if the same had been completed by said
Cr.7.17Z:r77 Con:Ler and;C7 his Surety shall pay the amour.: cf such excess to the
0 Cr
12: Tbe Owner under compe:::Ive bids. taken after notice published as required by laW, may le: the •.
ccntra:t for the corn.T.etr.ho of the work under silbstaintially the seine terms and conditions
ErE Trsr,ir:ET2 this contract. In case there is any increase in ccs: to the Owner under
Cr:E ne cor.tradt as compared to what would have been the cost under this contra::, such
iincres.se shal2 be charged to the Contractor and the Surety shall be and remain bound there-
for. However, :he cost to complete any such contract prove to be less than would
have teen the cos complete under this contract, the Contractor and/or his Surety shall
be creel:lc-a therewith.
When the we:JR shall have been substantially completed the Contractor and his Surety shall be se noti-
fied and Certificates of Com:pie:ion 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. sball then be prepared and deiivered to the Contractor and his Surety, whereupon the Con.
tractor azd /or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by
said statement, within fifteen (55) 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 - hive been the cos: 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 hereirebove. 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 155) 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 seie may be made at either public or private sale, with or without notice, as the
GC•IS
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Owner may elect. The Owner shall release any machinery, equipment. tools, materials, or supplies.
re m. ain
on the work, and belong to persons other than the Contractor or his Surety. to their r -- -
ow•ners, The books on all operations provided herein shall be opened to the Contractor and his See _se
7.02 Abandonment by Owner
In case the Owner shall fail to comply with the terms of this contract, and should fail to comply a..
said terms within ten (10) days after written notification by the Contractor, then the Contracts.-
suspend or wholly abandon the work, and may remove therefrom all machinery, tools and ene:pcect,
and all materials or the site of work that have not been included in payments to the Contra::.;,. and
have not been wrought into the work. And thereupon the Engineer shall make an estimate of tr.le :c
amount earned by the Contractor, which estimate shall include the value of all work actually corzpietec
by said Contractor (at the prices stated in the attached proposal where unit prices are used), the value c`
ell partially completed work at a fair and equitable price, and the amount of all Extra Work pe ^c - -e^
et the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum u : ter
the cost of any provisions made by the Contractor to carry the whole work to completion and --..;cc
cannot be utilized. The Engineer shall then make a final statement of the balance due the Contractor b-
deducting from the above estimate all previous payments by the Owner and all other sums that one .c
retained by the Owner under the terms of this Agreement and shall certify same to the Owner w •_ -�..
pay tc the Contractor on or before thirty (30) days after the date of the notification by the Coerreeld r
the baience shown by said final statement as due the Contractor, under the terms of Iris Ag.e= -. =a_
8. Subcontractors
8.01 Award of Subcontracts for Portions of the Work
jo o :heraise specified in the Contract Documents or in the Instructions to Bidders, the C07.:
as actin as practicable after the award of the Contract, shall furnish to the Engineer in w i :ig fur a=ce- -
:ance by the Owner and the Engineer a list of the names of the Subcontractors proposed fc-
peencipal portions of the work. The Engineer shall promptly notify the Contractor in writing if ea.er the
Owner or the Engineer. after due investigation, has reasonable objection to any Subcontractor on s__..
__t and doe not accept him. Failure of the Owner or Engineer to make objection promptly to any "._-
contractor on the list shell constitute acceptance of such Subcontractor.
The Contractor shall not contract with any Subcontractor or any person o: organza :ion l r,ciud g :arse
who are to furnish materials or equipment fabricated to a special design) proposed for portions cf the
work designated Lr, the Contract Documents or in the Instructions to Bidders or, if none is so de_s;g•
na:ed, with any Subcontractor proposed for the principal portions of the work who has been reittite-d by
the Owner and the Engineer. The Contractor will not be required to contract with any Subcontracwr c:
person or orzeunizetion against whom he has a reasonable objection.
If :he Owner or Engineer refuses to accept any Subcontractor or person or organization on a Ls: sub -
m_itted by the Contractor in response to the requirements of the Contract Documents or the lnstrarions
to Bidders, the Contractor shall submit an acceptable substitute - and the Contract amount scat 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 w ho
has been accepted by the Owner and the Engineer, unless the substitution is acceptable to the Owner
and the Engineer.
CC :9
8.02 Su too n tra c tu I R eiaIion
AI: work pericrrned for the Contractor by a Subcontractor shall be pursuant to az-.. acpropria wr,:ter
agreement between the Contractor and the Subcontractor (and where appropriate betweer. Subcontrac•
tors and S..C-subcontraotors which shell conteLn provisions that:
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 wiL no:
prejud.ce such rightz
(21 require that such work be performed in accordance with the requirements of the Contreo: Doc
me711E:
(3 reou:re sion to the Contractor of the applications for pevrnent under each subCOntrECt
tc .'hich :he Contractor is e partv, ir, reasonable tune to enab'ie the Contractor to eppy for
payment L-. accordance with this contract:
(4) require the: all claims (or additional costs, extensions of time, damages for delays or otherwise
w:th respect tc subcontracted portions of the work shall be submitted to the Contractor (vie
any Subcontractor or Sub-subcontractor where appropriatel in sufficier.r. time sc that the
Cor.tractor mey comply in the manner provided in the Contract Documents for Eke claims
by :he Contractor upon the Owner;
(5 ob'.,cate each subcontractor specifically to consent to the provisions of this section.
A copy r- E.L s".1c: Subcontract Agreements she be filed by the Contractor with the EngH.neer before the
51 be B:jr-wed tz commence work.
8.02 Pay7e Suttccn172ctors
The C shall pa each Subcontractor, upon receipt of payment from the Owner, an emo.,:n;
dtly upon the of the work performed and aliowed to the Contractor on acco cf such
Subcontractoc's work. less the percentage retained from payments to the Contractor. The Contractor
sha: &Ls.: re. each Subc3ntractor to make similar payrner.ts to his subcontractors.
If the Er- icine-er faLs to approve E payment for any cause which is the fault of the Cor.tractor and nc: the
fau":1 of a per Subcor.tractor, the Contractor shall pay the or derne-nd, made a: any
af:er the Cemi'icate for Payment should other have beer. issued, fo: his work to the ex:en: cor_
pleted, less :he ret.ained percentage_
The Enexcer n-tay, on request and et his discretion, furnish to any Subcontractor, if pract:cable .
i_rn repardIng perce::tages of completion certified co the Contractor on account of work Cone by
such Subcontracto.r.s.
Neither the Owner nor the Engineer shall have any obligation to pay or to see to the payment of any
moneys tc such. Subcor.tractor except as may otherwise be required.
9. Separate Contracts
9.01 Owner's Right to Award Separate Contracts
The Owner resei-ves the right to award other contracts in connection with other portions of the project
under these or simile: conditions of the Contract.
When sepaxate contracts are awarded for different portions of the Project, The Contractor" ix the
contract documents in each case shall be the contractor who signs each separate contract.
9.C2 Mutual Responsibility of Contractors
The Contracto 5.'1E: afford other contractors reasonable opportunity for the introduction and storege of
thei- meter:5:5 cqu:oment and the execution of their work, and shall properly connect and coor•
dinate ror ...it:, theirs.
CT•20
1
1
1
1
If any part of the Contractor's work depends for proper execution or results upon the work of anye'
separate contractor. the Contractor shall inspect and promptly report to the Engineer any appa
discrepancies or defects in such work that render it unsuitable for such proper execution an :c_....
Failure of the Contractor so to inspect and report shall constitute an acceptance of the other co tract-
work as fit and proper to receive his Work, except as to defects which may develop in the c'!'
contractor's work after the execution of the Contractor's Work.
Should the Contractor cause damage to the work or property of any separate contractor c . the
the Contractor shall, upon due notice, settle with such other contractor by agreement or areal :re :,cc. he will so settle. If such separate contractor sues the Owner or initiates an arbitration pr e' .r.:
account of er,y damage alleged to have been so sustained, the Owner shall notify the Ce-. :ra:: - : =.
shall defend such proceedings at the Contractor's expense. and if any judgment or aware eg=_i•s'
Owner arises therefrom the Contractor shall pay or satisfy it and shall reimburse the UAr.- : -
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 reec_ed
plete his work except as otherwise specifically provided in the Contract Documents. Tr.e
shall not endanger anv work of any other contractors by cutting, excavating or oroer.vise
work and shall not cut or alter the work of any other contractor except with the writ c..7.__ -.- - -.
Engineer.
Any costs caused 'ey defective or ill -timed work shall be borne by the party responsible the
10. Protection of Persons and Property
10.01 Safety Precautions and Programs
The Contractor shall be responsible for initiating, maintaining and supervising all safety
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, erd shall provide __ - _r. _.
protection to prevent damage, injury, or loss to:
(1) all employees or. the work and all other persons who may be affected thereby;
(21 all the work and all materials and equipment to be incorporated therein, whether in starare
or off the site, under the care, custody or control of the Contractor or any of
Subcontractors or Sub.Subcontractors; and
131 other property at the site or adjacent thereto, including trees, shrubs, lawns, walks. r a
ments, fences, roadways, structures and utilities not designated for removal, reloce:: :o r.
replacement in the course of construction.
The Contractor shall comply with all applicable laws, ordinances, rules, regulations and lawful ordorl c'
any public authority having jurisdiction for the safety of persons or property or to protect them fr.,
damage, injury or loss, He shall erect and maintain, as required by existing conditions and prog-es5 c'
the work, all reasonable safeguards for safety and protection, including posting danger signs and ct: er
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 act :v :ties
under the supervision of properly qualified personnel.
Pe. 7.7.75
GC-21
Ali: Blasting. i...._..i.g methods of storing and handling explosives and highly in!'ayr,ab onto-
shall conform to Federal, State. Local Laws and Ordinances. AU City Ordinances shall be corn]_ t with
even :hooch some or a_l of the blasting is done outside the City Limits unless the applicable Ordinance is
in confect with the law of the jensd:ction where the action is being taken.
The fc::c> i-.; Ls a l:s: of requirements in addition to Federal, State, and Loca Laws and Ordinances.
1. The Contractor shat'. furnish the City of Austin with a Certificate of Blasting Insurance
a:noun: of 53J0,000.00 for each contract, at least twenty •four hours prior to using exp :'e5ive3
A blasting permit noun be obtained from the City at least five (5) days prior to use of explo-
sives. If Basting is covered under the Contractor's General Insurance Certificate fcr each
contract, a separate blasting certificate will not be required.
2. The foUowinc public utility companies and City Department will be notified by the Contractor, cn
every occasicc. at least twenty -four (24) hours prior to the use of explosives: Water and
Wastewater, Electric, Gas, Telephone and the City Engineering Department.
2 'Explosive n atonal_ to be used shall be lin to blasting agents and dynamite, u `less prier ap-
proval of other materials is obtained in writing from the Engineering Deparment.
4. i.g blasting. ell 7eascnable precautions shall be taken to protect pedestrians. passing veh...cies.
arid o'_'a'jc cr private property. Blasting mats or protective cover shall be used when recce
e_•' t.`.e Ci:> Inspe -ter, the permit:, or by safe blasting practices.
explosives snail: b stored in accordance with Chapter 38, Article 11, Sec :ion 38•::.20:, ,...r.
City Ccde.
E. - or his representative shell have the right to 1L the use of ex Tics vas
'rich i. ^.:w opinion are dangerous to the p'ub_L: or ne _-'cv
-r. nntraotcr at h..5 expense, shalt promptly repair or replace all items no tt be c. =age:
c. _. c :za of damage shat; be investigated by the City or by Co
Firms --. _d _ :`.e City.
E. -_ __r. .. a__ c. -..L. :a r accurate records throughout the Blasting operadcns :he
.. - <r:. number of holes. pounds per hole, depth of hole. tote] pounds per s.._.
dElays used 'date cc_ e cf blest and ini :iLs of the Inspector- The Contra :ter is .___ .-
c-._.e __ .,_ —s resulting from his blasting operation.
A_ damage loss le any property referred to in this article caused in whole or in pa_ by the Cc.tre
tor. zn. 5 "_- .._ _.:r. ' __^•subcontractor, or anyone directly or indirectly employed by any _.
"hem_ Cr cy anyone for whose acts any of them may be liable. she!; be remedied by the Cc-. :rect r.
excct da -:.age or 1055 attribo:eble solely to faulty Drawings or Specifications or solely the a: :s o7
omissions cf :he Oumer or Engineer Cr anyone employed by either of them, and not attribnte`_le in as
degree :o 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 desg-
nated in writing by the Contractor to the Owner end 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 constn::tion zone and any of the Contractor's work or storage areas. Upon request, the
Owner she'_' oro'• side such information as it has about the location and grade of water. sewer, gas, and
telephc-.e and elect - c 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
nonde'.ezab:e. Any such lines damaged by the Contractor's operations shall be immediately repaired by
the 0c-:::: :: or he s:". cause such damage to be repaired at his expense.
GC•__
SECTION 01- INFORMATION
01 -01 ENGINEER
The word "Engineer" in the Specfications shall be
understood as referring to the City of Round Rock, 221 East
Main Street, Round Rock, Texas 78664. Engineer o17 the
Owner, or the Engineer's authorized representative to ac in
any particular potion for the Owner.
01 - COPIES OF PLANS AND SPECIFICATIONS FURNISHED
The Agreement will be prepared in not bass than five (5)
counterpart (original signed) sets. Owner will furni =_n
Contractor two (2) sets of conforming contract document:,
Techricei Specifications and Plans free of c and
additional sets will be obtained from the Engineer at
commercial reproduction rates plus 20% for handling.
01 -03 GOVERNING CODES
01 - 05 LOCATION
Al construction as provided for under the Plans and
Specifications shall be governed by any exiting Ream °dtione.,
Cones and Ordinances, and any subsequent amendments cr
revisions thereto as set forth by the Owner.
01 -04 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON
TINE
The Contractor agre. that time is of the e for tti>
Contract and that the definite value of damages which woilr3
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 wore.
herein specified and contracted for, after due allowance tor
such extension of time as is provided for under the
provons of Section 9.02 of the General Conditions, the
Owner may withold permanently from the Contractor's total
compensation, not as penalty but as liquidated damages, the
sum of $100.00 per calendar day.
The location of work shall be as mentioned in the Notice to
Contractors and as indicated on Plans.
01 -06 PAY ESTIMATES
If pay estimates from the Contactor are not received by
the Engineer on or before the time specified in Section 5.09
of The General Conditions, then the pay Estimate will not
be processed and will be returned to the Contractor.
SC -1
02-01 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 it 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 -02 MINIMUM WAGE SCALE
Minimum wage scale as specifierd and regulates by the Stag
of Texas and the Federal Government.
02 -03 LIMIT OF FINANCAL RESOURCES
The 0 wner has a limited a mount of financial resources
commited 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 rxsurc Contractor shall be entitled to no
claim for damages for anticipated profits on any portion of
work that may be omitted. At any time during the duration
of this contract, the Owner reserves the right to omit any
work from this contract. Unit prices for all items previously
approved in this contract shall be used to delete or add
work per change order.
02 -04 CONSTRUCTION REVIEW
The Owner shall provide a pro representative to review
the quality of materials and workmanship.
02 -05 LIMITS OF WORK AND PAYMENT
It shall be the obligation of the Contractor to complete all
work included in this contract, so authorized by the Owner,
as shown on the drawings or described in the contract
documents and technical specifications. All items of
construction not specifically paid for in the bid schedule
shall be included in the unit price bids. Any question arising
as the limits of work shall be left up to the interpretation
of the Engineer.
SC -2
02 -06 PAYMENT FOR MATERIALS ON HAND
SNCtIOr•. 3- INSURANCE
Owner will not pay for materials on hand. Payment will be
made for work completed in accordance with monthly
estimate procedure stipulated in the General Conditions of
the Agreement.
02 -07 CONSTRUCTION STAKING
The Engineer shall provide construction staking for thie
project. The Contractor shall furnish and pay for any
re- staking.
Protection of Stakes, Marks, Etc.
All engineering and surveyor's stakes, marks, property
corners, etc., shall be carefully presPrved by the
Contractor, and in ;leg,' of destruction or removal during the
course of this project, such stakes, marks, property corners,
etc., shall be re- staked by the Contractor at the
Contractor's sole expense without additional compensation
by the Owner.
The Contractor shall furnish to the Owner, AT THE
CON'rRACTOR'S EXPENSE, written certification that ALL
property pins are in place prior to his movino off the job
site. Such certification will be expected of each Contractor
involved with the project.
03 -01 Insurance po1ici must be obtained by the Contractor or
separate endorsement obtained by his existing insurance
policies on projects that involve special nazards, such as
blasting, excavation on public properties, etc.
The principal types of insurance which will be necesary
are:
Comprehensive General Liability Insurance. The Contractor
shall provide and maintain during the life of this contract
and until all work under said Contract has been completed
and accepted by the Owner, a comprehensive General
Liability insurance policy, said policy and the issuing carrier
S C -3
approves by the Owner, which specifically insurer the
contractual liability of the Contractor assumed under
Paragraph 3.17 in the General Conditions entitled
"Indemnification ". The liability coverage under this policy
shall cover Independent Contractors. Liability lmits for the
Comprehensive General Liability insurance coverage under
this policy shall not be less than the following:
Bodily Injury 5300,000 each person
5300,000 each accident
Property Damage $100,000 each accident
5100,000 each 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.
The amount for liability is S250,000/$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 sane amount of liability.
W'orker's Compensation 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.
SC -4
SECTION 04- TRAFFIC CONTROL
Access shall be provided for residents and emergency
vehicles at all time . ( hen it becomes necessary to restrict
access, the Contractor shall notify all applicable agenices
(i.e. Fire Department, E.M.S., Public Works, etc.,). At the
end of each day two an of traffic shall be opened to the
public. The Contractor shall be respon�+hla for all
maintenance, sgning and safety precautions necessary for
traffic controL This item shall be considered subsidiary and
no additional compensation shall be even for complying with
this Special Condition.
SECTION 05 MAINTENANCE BOND
Per City of Round Rock Ordinance, a two (2) year
Maintenance Bona naming the City of Round Rock as
obligee will be required for public streets constructed
without lime stabilization of sugrade material when the
Plasticity Index of the al grade 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 Bondi will be required for all
other improvements.
SC -3
TECHNICAL SPECIFICATIONS
OUTFIELD AND FOUL LINE FENCING
General Requirements:
Work under this Section of the Specifications shall
include furnishing of all labor, materials, and
equipment necessary to perform all operations in
connection with the furnishing and complete installation of
all fencing, as shown on the Plans and indicated in the
Specifications.
Quality A
Provide fences and gates complete, including all erection
accessories, fittings, and fastenings.
Qualification of Installer:
Installer must be experienced in installation of this type.
Installer must examine conditions under which fence and
gates are to be installed. Notify the City of Round Rock in
writing of conditions detrimental to the proper and timely
completion of the work. Do not proceed with work until
unsatisfactory conditions have been corrected in a manner
acceptable to the Engineer and Owner.
Submit+als:
MATERIALS
Submit shop drawings, including details illustrating fence
height, size of all posts, rails, braces, gates, footings, and
accessories to the City of Round Rock for approval.
Products Delivery, Storage, and Handling:
Deliver materials in the manufacturer's original
packaging and with all tags and labels attached and legible.
Handle and store materials in such a manner as to avoid
damage.
Posts, gate frames, braces, rails, tension wire, gate latches,
wire ties, and gate hinges shall be steeL Post tips and rail
ends shall be aluminum, or galvanized pre sed steel. Posts,
rails, and braces shall be cold rolled, welded steel
conforming to ASTM A -446 with a minimum yield strength of
50,000 psi or equal as approved by Engineer and Owner.
Three layer tubing corrosion protection shall consist of:
Hot dip galvianized coating after fabrication with 1.0 + .1
ounce of zinc per ssuare foot.
30 + 15 micrograms chromate.
.5 + .2 mils clear polymer coating.
The inside surface of tubing shall be protected by a zinc
powder coating. Tubing shall be equal to SS-40 tubing by
Allied Tube & Conduit Corp.
Terminal Gate and Comer Posts:
Minimum 2.875" 0.D. weighing a minimum of 4.64 pounds
lineal foot. Set posts 36" into 12" X 40" concrete footings.
Line Posts:
Top Rail
Gates:
Post Tops:
Minimum 2.375" O.D. weighing a minimum of 1.35 pounds per
lineal foot. Top rails shall be provided in maximum langths
possible. Provide 6" long couplings at joints.
Minimum 1.66" C.D. weighing a minimum of 1.35 hounds per
lineal foot. Top rails shall be provided in maximum lengths
possible. Provide 6" long couplings at pints.
Frames shall be made from minimum 1.66 O.D. pipe. Frames
shall be assembled using corner fittings and 5/16" nominal
diameter truss rods to prevent sag or twist . Gate fabric
shall be the same as required for the raminder of the fence,
and shall be securely attached to the gate frame at
intervals not exceeding 1' 3 ".
Gate Hinges:
Gate hinges shall be of adequate strength for gate with
large bearing surfaces for clamping in position. Hinges shall .
not twist or barn under action from the gate.
Gate Latches:
Latches and stops shall be provided for all gates. latches
shall have a center stop, and shall be arranged for
padlocking. Center stops shall consist of a device arranged
to be set in the concrete paving and to engage the latch
plunger bar.
Provide hemispherical cast aluminum or galvanized pre'aa d
steel post tops for all posts. The post tops shall he provided
with a hole suitable for the through passage of the top rail
Post tops shall fit over the outside of the posts and shall
exclude moisture from past interior.
Brace Aasambly:
All end and gat_ posts shall be braced horizontally with pipe
of minimum 1 5/8" o.c. and adjustable t U R., rod. corner posts
to be furnished with two complete brace ass mblies.
Wire Ties:
Tension Wire:
Provide spiralled 9 gauge galvanize< (.8 oz. of zinc per
sruare foot) steel tension wire within 3" of bottom of
fabric.
Fabric:
Concrete:
INSTALLATION
Fencing:
Gates:
Backstop:
Dugouts:
Ties shall. be 9 gauge galvanized steel wire. Tie fabric to
top rail and tension wire_ at 2' -0" maximum spacing and at
1' -3" spacing on all posts.
Fabric shall be 6' -0" high (or 4'-0" as required), 11 gauge
galvanized steel wire (not less than 1.2 oz. zinc per e uare
foot of uncoated wire). Provide 2" mesh with knuckled
selvage at top and twisted selvage at bottom.
Portland cement concrete with minimum 28 day
compressive strength of 3,000 psi (five (5) sacks Portland
Cement per cubic yard minimum). Furnish 1" maximum size
aggregate. Prepare to conform to ASTM C -94.
Fencing shall be installed in heights and locations shown on
the plans. Fabric shall be installed to have the barbed side
down in all areas. Outfield and foul line fencing height for
little league will be 4 foot high and pony colt and girls
softball to be 6 foot high.
Gates shall be installed in sizes and lcoations indicated on
the plans.. Gate shall be designed as that the free end of
each gate shall rest on a concrete footing. One free end of
each double gate shall be fitted with a cane bolt which fits
into a sleeve in a concrete pad. Cane bolt shall have
capability cf being locked in "down" position. All gates shall
be supplied with a lockable latch.
Backstops shall be constructed as to Drawings and
Specifications listed.
Metal roofing shall be 26 gauge galvanized Tennessee "V"
metal roof.