R-90-1459 - 5/24/1990WHEREAS, the City of Round Rock has duly advertised for bids for
the construction of an 8" waterline on Highway 79, and
WHEREAS, Rhode Construction has submitted the lowest and best
bid, and
WHEREAS, the City Council wishes to accept the bid of Rhode
Construction, Now Therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the bid of Rhode Construction is hereby accepted as the
lowest and best bid, and the Mayor is hereby authorized and directed
to execute on behalf of the City a contract with Rhode Construction
for the construction of an 8" waterline on Highway 79, a copy of said
contract being attached hereto and incorporated herein for all
purposes.
RESOLVED this 24th day of May, 1990.
ATTEST:
RS0524E
y Secretary
RESOLUTION NO. 1459 , 1
MIKE ROBINSON, Mayor
City of Round Rock, Texas
May 17, 1990
Engineering & Management Associates
314 Highland Mall Blvd.
Suite 307
Austin, Texas 78752
City of Round Rock
Department of Public Works
300 South Blair
Round Rock, Texas 78664
Re. 8" Water Line Taylor Ave. (US 79)
Dear Mr. Halden:
Attn.: Daniel L. Halden P.E.
Attached is a tabulation of bid totals for the captioned project.
I have checked the extension of the unit prices for all the bids
received and found the two low bids to be in order. The third low
bid has an addition error but it does not change the order.
I recommend that the project be awarded to Rhode Construction
Company for the amount of $ 40,424.50.
Very Truly Yours,
En ineeri in�ng & Management Associates
enneth Strange
Parker and Rogers
Construction Company
P.O. Drawer 1136
Georgetown, Texas 78627 -1136
PK Construction Company
Kinsel Industries, Inc.
P.O. Box 458
Bastrop, Texas 78602
Austin Engineering Co., Inc.
P.O. Box 161990
Austin, Texas 78716 -1990
Industrial International, Inc.
P.O. Box 140915
Austin, Texas 78724
Utility Supply Group
The Rohan co. /Boles & Edens Co.
P.O. Box 8328
Waco, Texas 76714 -8328
Rhode Construction Company
Rt. 2 Box 145
Hillsboro, Texas 76645
8" Water Line Taylor Ave. (US 79)
Round Rock, Texas
Reddico Construction Company Inc.
15212 FM 620
Round Rock, texas
7. C. Evans Construction Co. Inc.
8217 Shoal Creek Blvd.
Austin, Texas
Total Bid
$ 92362.00
$ 68441.75
$ 53805.00
$
$
$ 40424.50
$ 49552.00
$ 65256.00
DATE: May 21, 1990
SUBJECT: City Council Meeting, May 24, 1990
ITEM: 12E. Consider a resolution authorizing the Mayor to enter
into a contract with Rhode Construction for the
construction of an 8" water line on U.S. 79.
STAFF RESOURCE PERSON: =MUSE
NUSE
STAFF RECOMMENDATION:
Staff recommends award of the 8" Water Line at Taylor Avenue to Rhode
Construction Company. Please review the attached bid tab and engineers
reccim endation
Y
Mayor
Mike Robinson
Mayor Pro-tem
Charles Culpepper
Council Members
Robert Stluka
Tish Oatman
Pete Correa u sev a nt
Earl Palmer
Jimmy Joseph
City Manager
Robert L. Bennett, Jr.
City Attorney
Stephan L. Sheets
DATE: July 3, 1990
THE CITY OF ROUND ROCK
221 East Main Street
Round Rock, Texas 78664
512- 255 -3612
MEMORANDUM
TO: Joanne Land
Assistant City Manager
FROM: Daniel Lynn Halden, P.E.
Public Works Department
RE: U.S. 79 - 8" Water Line
4 .
Transmitted herewith are five (5) sets of contract documents and
specifications for the above referenced project. Steve Sheets has
reviewed the documents and all necessary corrections have been
made. At this time we request that you have Mayor Robinson execute
the documents on behalf of the City.
CITY OF ROUND ROCK
8" WATER LINE
TAYLOR AVE. (US79)
314 HIGHLAND MALL BLVD.
SUITE 307
AUSTIN. TEXAS 78762
ema
engineering and management associates
/459 k
CITY OF ROUND ROCK
8" WATER LINE
TAYLOR AVE. (US79)
ema
engineering and management associates
314 HIGHLAND MALL BLVD.
SUITE 307
AUSTIN, TEXAS 78762
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TABLE OF CONTENTS
DIVISION 0 - CONTRACT REQUIREMENTS
00100 Invitation to Bidders
00200 Instruction to Bidders
00300 Bid
00400 Agreement
00500 Performance Bond
00600 Payment Bond
00700 General Conditions of the Agreement
00800 Special Conditions of the Agreement
00900 Labor Classification and Minimum Wage Scale
DIVISION 2 - TECHNICAL SPECIFICATIONS
DIVISION 3 - PROJECT PLANS
DIVISION 1 - GENERAL REQUIREMENTS
01005 Administrative Provisions
01200 Project Meetings
01300 Submittals
01400 Quality Control
01500 Construction Facilities and Temporary Control
01600 Materials and Equipment
01700 Contract Closeout
DIVISION 0
CONTRACT REQUIREMENTS
SECTION 00100 - NOTICE TO BIDDERS
Sealed BIDS, in duplicate, addressed to the City Secretary of
the CITY OF ROUND ROCK will be received at 221 East Main Street,
Round Rock, Texas 7664 until 2:00 P.M. Local Time on May 15, 1990,,
and then publicly opened and read for "Construction of 8' water
line along Taylor Avenue, Project No. 02- 89 -01, Contract No. 1 ".
Location of project is in Round Rock, Texas. Bid envelope should
state date and time bid and "Construction of 8" Water Line7-
Taylor Avenue'. Bids received after closing time will be returned
unopened.
Each Bid shall be accompanied by a Bid Surety (Cashier's Check
or Bid Bond) in an amount not less than five percent (5%) of the
total base bid.
The successful bidder must furnish a Performance Bond and a
Payment Bond on the forms furnished with the Contract Documents,
in an amount equal to the Total Amount Bid.
In conformance with applicable statutes, the general
prevailing wage rates in the locality in, which the work is to be
performed have been ascertained, and such rates will be the minimum
paid for labor,employed upon this project.
Copies of the Contract Documents and Technical Specifications
and Plans are on file at the following locations:
Engineering and Management Associates
314 Highland Mall Boulevard
Suite„ 307
Austin, Texas 78752
The Department of Public Works
City of Round Rock
300 South Blair
Round Rock, Texas 78664
On or after April 29, 1990, the Documents may be examined
without charge at the preceding locations, or single sets may be
obtained by prospective bidders or suppliers upon fee of Twenty -
Five Dollars ($25.00 non refundable) with the Engineer at 314
Highland Mall Blvd, Austin, Texas at The City of Round Rock,
Public Works Department. • Checks shall be made payable to
Engineering and Management Associates.
JOANNE LAND Pub. Dates Austin American Statesman
City Secretary — 47/9/90
City of Round Rock 5/ 6/90
5/13/90
or
00100 - 1/1
Round Rock Leader
4/30 90
5/ 7/90
5/14/90-
SECTION 00200 - INSTRUCTIONS TO BIDDERS
1. PREPARATION OF BIDS.
a. Submit Bids in compliance with the requirements of the
Invitation to Bidders, these Instructions, and the instructions
printed on the prescribed forms.
b. All blank spaces on the Bid form must be filled in as noted,
in ink, in both words and figures, with amounts extended and
totaled, and no changes made in the wording of the forms or of
the items mentioned therein. In case of any discrepancy between
the written amounts and the figures, the written amounts shall
govern.
c. Any Bid may be deemed irregular which contains any
omissions, erasures, alteration, addition, irregularity of any
kind, or item not calLed for, or which does not contain prices
set opposite to each of the several items in the Bid form, or in
which any of the prices are obviously unbalanced or which fails
to conform in any manner to the conditions of the Invitation to
Bidders.
d. The bidder must sign his Bid in the blank space provided
therefor. If the Bid is made by a partnership or corporation,
show the name and address of the partnership or corporation,
together with the name and address of the partners or officers.
If the Bid is made by a partnership, it must be acknowledged by
one of the partners; if made by a corporation, or by one of the
officers thereof, accompanied by Corporate seal.
e. In order to .insure consideration, the Bid must be
enclosed in a sealed envelope plainly identified by the name of
the Project, the Project Number and the Contract number, and.
addressed to the Owner as prescribed in the Invitation to
Bidders.
2. INTERPRETATION OF CONTRACT DOCUMENTS. Bidders desiring
further information, or further interpretation of the Contract
Documents must make request for such information in writing to
the Engineer, prior to two working days before the bid opening.
Answers to all such requests will be given in writing to all
10/99
00200 - 1/4
bidders, in addendum form, and all addenda will be bound and made
a part of the Contract. No other explanation or interpretation
will be considered official or binding. Should a bidder find
discrepancies in, or omissions from the Contract Documents, or
should he be in doubt as to their meaning, he should at once
notify the Engineer in order that a written addendum may be sent ,
to all bidders. It is the responsibility of the bidders to know
if they have received all such addenda, complete files of which
will be maintained in the office of the Engineer and in the
office designated to receive the Bids.
3. AWARD OF CONTRACT. Unless he elects to reject all Bids, the
Owner will award the Contract within 60 days after the date of
the opening of Bids. „Award will be made on the basis of the
greatest advantage to the Owner, considering all elements of the
Bids. The right is reserved to reject any or all Bids and to
waive technical defects, as the interest of the Owner may
require. A bidder may withdraw his Bid before the expiration of
the time during which a Bid may be submitted, without prejudice
to himself, by submitting a written request for its withdrawal to
the office which holds it.
4. QUALIFICATION OF BIDDERS. Each Bid must be accompanied by a
statement of the qualifications of the bidder to properly execute
the work. No Bid will be considered unless such a statement is
submitted.
5. FINANCIAL STATEMENT. Each Bid must be accompanied by a
statement of the financial condition of the bidder as reflected
by his most recently prepared statement. Submit in a sealed
envelope, marked "Financial Statement of (name of bidder) for
(description of project) ". This statement will be examined only
if the bidder's Bid is actively considered for award, otherwise
it will be returned unopened after the award of the Contract.
6. CONDITIONS OF WORK,. Each bidder is expected to inform
himself fully of the construction and labor conditions under
which the work will be performed, and will be presumed to have
inspected the site and to have read and to' be thoroughly familiar
with the Contract Documents. Failure to do so will not relieve a
successful bidder of his obligation to furnish all material and
labor necessary to carry out the provisions of the Contract and
00200 - 2/4
to complete the contemplated work for the considerations set
forth in his Bid. Any information given in regard to subsurface
data, test borings, and similar conditions is to be considered
approximate and does not relieve the bidder of the responsibility
for its verification. In conformity with applicable statutes,
the Owner has adopted a Labor Classification and Minimum Wage
Scale which is included herewith (see Section 00900).
7. FUNDS. The Owner has available sufficient funds to pay the
Contractor in cash, in accordance with the provisions of the
Contract.
8. TIME OF COMPLETION. Attention is directed to the Bid,
wherein the completion time for the work is specified.
9. SUBSTITUTIONS.
a. The Total Base Bid in Section 00300 - Bid must be based on
furnishing the brand name equipment, materials, or devices
specified.
b. See Section 01600 Materials and Equipment for additional
information.
c. Bidders desiring to substitute equipment, materials or
devices, by other manufacturers must do so by use of Attachment
No. 3 to Section 00300 - Bid. Sufficient technical material must
accompany the Bid to permit its full and proper evaluation.
10. TELEGRAPHIC MODIFICATION. Any bidder may modify his Bid by
telegraphic communication at any time prior to the scheduled
closing time for receipt of bids, provided such telegraphic
communication is received by the Owner prior to said closing
time, and provided further that the Owner is satisfied that a
written confirmation of such telegraphic modification over the
signature of the bidder was mailed prior to said closing time.
11. DELIVERY OF BIDS. It is the bidder's responsibility to
deliver his Bid at the proper time to the proper place. The fact
that a Bid was dispatched will not be considered. The bidder
must have the Bid actually delivered.
00200 - 3/4
12. NUMBER OF SIGNED SETS OF DOCUMENTS. Agreement and Bonds will
be prepared in not less than five counterpart (original signed)
sets. Owner will furnish Contractor two sets of conforming
Contract Documents free of charge, and additional sets will be
obtained from Engineer at commercial reproduction rates.
13. PRICE OF MATERIALS AND SALES TAX (Applies to Contracts with
Governmental Entities Only). The Contractor performing this
Contract may purchase, rent, or lease all materials, supplies,
equipment used or consumed in the performance of this Contract by
issuing to his supplier an exemption certificate in lieu of the
tax, said exemption certificate complying with State
Comptroller's Ruling #95.0.07. Any such exemption certificate
issued by the Contractor in lieu of the tax is subject to the
provisions of the State Comptroller's Ruling #95.0.09 as amended
to be effective October 2, 1968.
14. ENGINEER. All references to "Engineer" contained within the
Contract Documents shall be interpreted to mean the City of Round
Rock. Engineering and Management Associates are the design
engineers.
15. COMMENCEMENT OF WORK.The Contractor is to begin work within
ten (10) days after written notice shall have been given by
Engineer to proceed.
16. BID SURETY. Each Bid will be accompanied by a Cashier's Check
drawn on a bank acceptable to the Owner or a Bid Bond from a
corporate surety duly authorized to do business in the State of
Texas, which has an "A" or "A +" rating from Best's Key Rating
Guide, in an amount not less than five percent (5 %) of the Total
Amount Bid as a guarantee that the successful bidder will enter
into a proper Contract and execute Bonds and Guaranty on the
forms provided within ten (10) days after the receipt of the
Contract Documents. Bid sureties will be promptly returned to
all but three lowest acceptable bidders after opening of Bids,
and the latter's bid sureties will be returned within 24 hours
after execution of the Contract.
17. PERFORMANCE BOND AND PAYMENT BOND. The successful bidder
must furnish a Performance Bond and a Payment Bond on the forms
furnished (Sections 00500 and 00600) with the Contract Documents,
in an amount equal to the total Contract price, from a corporate
surety duly authorized to do business in the State of Texas,
which has an "A" or "A +" rating from Best's Key Rating Guide
surety.
00200 - 4/4
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SECTION 00300 - BID
PROPOSAL of _
exc./
141 __eA0g[��__ - - __, an individual
proprietorship, A corporation organized and existinq,under the laws of
the State of Texas, or a partnership consisting of
for the "Construction of 8" water line on Taylor Avenue in Round
Rock, Texas, EMA Project No. 02 -89 -01 Contract No. 1.
To
Gentlemen:
The undersigned Bidder has carefully examined the Contract Documents
for the work herein above described, and referenced to in the
Invitation to Bidders, requesting Bids on said work, dated
and also the site of the work, and will provide all necessary labor,
superintendence, machinery, equipment, tools, materials, services, and
other means of construction to complete all work upon which he bids as
provided by the Contract Documents, and binds himself on acceptance of
his Bid to execute a Contract, a Performance Bond, and a Payment Bond,
according to the prescribed forms for performance and completing the
said work within the time stated and for maintaining same as required
for the prices shown as Attachment No. 1 hereto.
The undersigned proposes to begin work within ten (10) days after
written notice to commence work shall have been given by Engineer, and
to substantially complete the work within 60 calendar days after the
date of the written notice to commence work.
CITY MANAGER
City Secretary
CITY OF ROUND ROCK
221 East Main St.
Round Rock, Texas 78664
TOTAL AMOUNT BID (FROM ATTACHMENTS
ATTEST:
(SEAL, if Bidder is a Corporation)
(Surety Company)
(Insurance Carrier)
NO. 1 )
Date:
$ __YQ J Y2y 50
Very truly yours,
750
Ti t 1 e : ;dL'_ lL'S1de7)t
L /� S(--�
Address• rL•- ,2__iJp
211.i11.9 !��
1
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1 Item
No.
1 1
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2
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1 3
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1 4
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5
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II
Description of Item with:Unit Approx. Unit Total
Bid Price Written in Words Unit Qty. Price Item Price
8" Water line all depths
CL 200 PVC AWWA C -900
Complete in Place
B_7A1tz t4_ bOLLpxS
�IX�`� ANTS per Ft. 1347 $ /3. $_ 6 ,1119_50_v
45 degree bend 8"
Complete in Place
a_71,1o_Al abM:gS. a_E1F_YY uOLL6e1_
per Each 2 $ 2.50. 66 g $00•��
8" X 6" Tee
Complete in Place
TiALGJAllllD? 4{Sati_TyC_ ✓Fi1?o 53
per Each 3 $
8" X 8" Tee
Complete in Place
a_T xu51n1Z�
per Each 1 $ 300•°` ✓s 300. °O
Salvage and replace Fire
Hydrant
Complete in Place
Attachment NO. 1 Section 00300.
a_SivilMea.11.1LINpBgb bo cAn per Each
1/4
1 $ /600." f 0
1
1
1
1
1
1
1
Item
No.
i1
9
1
1
1
:
1
1
Attachment NO. 1 Section 00300.
Description of Item with Unit Approx. Unit Total
Bid Price Written in Words Unit Qty. Price Item Price
6 Fire Hydrant Assembly
(As shown in construction
details)
Complete in Place
3WW 1-1u∎VOZU _QQL4ga_
per Each 2 $ 1300. $
7 Bore for 8" water line
under driveways
Complete in Place
a_Ew Aluhmrsi1 b95t.��4 v' per Each 6 $ S.
O p _ $ 3o. o.pO
Bore for 3" gas line
under driveway
Complete in Place
a EOLW —HUNQR b°i.L6 $
per Each 1 $ 1 /00. °0 $ 1/ O.O°
11 1/4 degree bend 8"
Complete in Place
a Two_g1040R�D FIFTY beta_vr,s____ ✓
per Each 2 $ 250. $ SOO.
10 22 1/2 degree bend B"
Complete in Place
B_II..1DJAgiA?&6auFgoLtraft5
v
per Each 2 $ __ZS0 °e $ 500
2/4
1
1
1 Item
No.
1 11
1
1
12
1
1
1 13
1
1
1 14
1
1 15
1
1
1
�1
Description of Item with -Unit Approx. Unit Total
Bid Price Written in Words Unit Qty. Price Item Price
8 " Gate valve and
casting
Complete in Place
BE_oygApjv S &vtN -r_EivE
DoLA -ARS per Each 1 $ X75. oo 75"
90 degree bend 8"
Complete in Place
Two o dywag EI6fiTxEoLIE
AoLLg per Each 1
12" X 8" reducer
Attachment NO. 1 Section 00300.
$__Z S.00 $ ZSs.Oe
Complete in Place
a_ IrkitpAlutarA lio FIFTY teU.oiRs
per Each 1 $ 250. $ 250.
Thrust blocking
Complete in Place
per Each 5 $ 50,00 $_ .SD o0
Single water service and
salvage and reinstall
Water meter, reconnest service
Complete in Place
a_TWQJLVNbtr. a t)OLLWZS ✓
per Each 6 $__'� OQ• °O $ 1200.
3/4
1
Item
No.
1 16
1
1
17
1
18
►1
19
1
1
20
1
1
1
�i
Description of Item with Unit
Bid Price Written in Words
1" water service
line
Complete in Place
a__TiaRE beu
Cut and plug 2" water line
Complete in Place
a 7lala_111.V0a S2? ,14 o ; ✓
per Each 2 $ Z00• $ 41QD,
Hydraulic Planting
Complete in Place
a7 QNS. AVLLF1g.„ 0
per sq.yd. 2000 $ 1. S_ Z.gQO•'
Trench Safety
Complete in Place
a_ F�y�._L�sL>s►YsSS_
per ft. 70 $ J`v o 4 .DSO, c o
Erosion control dike or
fence
Complete in Place
a_1�� �244pLL5
per ft. 225
4/4
Approx.
Unit Qty.
per Ft. 1158
Unit
Price
$ 8•p
Total
Item Price
sv /$00•"
Total Bid ✓S_ip
=TET S I— 7_1
1
1
NOT APPLICABLE
ATTACHMENT NO. 2 TO SECTION 00300
Supplemental Pay Items
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Item Description of Item with Unit
No. Bid Price Written in Words Unit
21 _J1.,X$ TgS?PINC 1,EEVE
AN.P N6RIALg_
When Approved by Engineer,
Complete in Place
a F1F'CEET) 1 luwDR..D 1:'w3R$
per zg_
When Approved by'Engineer,
Complete in Place
2
When Approved by Engineer,
Complete in Place
2
per ____
' When Approved by Engineer,
Complete in Place
per ____
EA
Attachment No. 2 to Section 00300 1/1
Approx.
Qty.
Unit
Price
Total
Item Price
$ /SQ(Z°° $_ JSOO. °o
May 9, 1990
City of Round Rock
Project: B" Water Line Taylor Ave. (US 79)
Bid Date and Time: May 15, 1990 2:00 PM Local Time
This addendum forms a part of the Contract and clarifies,
corrects or modifies the origional bidding documents, for the
above captioned project. Acknowledge of this addendum in the
space provided below and include it with the bid.
This addendum consist of one page covering two items as follows:
1. The pipe for the water mains shall be PVC CL 200 as specified
in AWWA C 900.
2. Add Item 21 as follows:
Item
No.
Description of Item with Unit
Bid Price Written in Words Unit
21 12" X 8" Tapping Sleeve
and Valve
Complete in Place
a_E v'T n1_ Nur�QitE� Dsu,9gs - --
Approved by
En sneering & Management Associates
K nneth Strange P.
Date May 9, 1990
Acknowledgment by Bidder
of receipt of Addendum No 1
Title: Plc 7
Date: 5-15
Addendum No. 1
per Ft. 1
Approx.
Qty.
City of Round Rock
'y
Date may 10,1990
Unit
Price
Total
Item Price
$ 1& - 00. pO $ /So0•pO
1
1
NOT APPLICABLE
ATTACHMENT NO. 2 TO SECTION 00300
Supplemental Pay Items
1
1
1'
1
1
1
1
1
1
1
1
1
1
1
1
Item Description of Item with Unit Approx.
No. Bid Price Written in Words Unit Qty.
When Approved by Engineer,
Complete in Place
When Approved by'Engineer,
Complete in Place
per ____
1 When Approved by Engineer,
Complete in Place
per ____
When Approved by Engineer,
Complete in Place
Attachment No. 2 to Section 00300 1/1
Unit
Price
Total
Item Price
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
NOT APPLICABLE
01/88 ATTACHMENT NO. 3 TO SECTION 00300
Substitutions
Pay
Item
No.
Item Specified Proposed Substitution
Add $
Deduct $
Attachment No. 3 to Section 00300 - 1/1
Add $
Deduct $
Add $
Deduct $
Add $
Deduct $
Add $
Deduct $
Add $
Deduct $
Add $
Deduct $
Add $
Deduct $
Add $
Deduct $
Add $
Deduct $
Amount
SECTION 00400 AGREEMENT
STATE OF TEXAS
COUNTY OF TRAVIS
THIS AGREEMENT, made and entered into this day
of , 14 by and between City of Round
Rock, Texas of the County of Williamson and State of Texas,
acting through _Yylike tyl,ssy thereunto duly
authorized so to do, Party of the First Part, hereinafter termed
Owner, and AhQds—_ nsfralc±ina__C,carn_TAr.�-. , of the
City of __JAIAS.b.ory , County of _}AjtL___, and State of
Texas, acting through __g".d. �p� __N}LG,12r o Party
of the Second Part, hereinafter termed Contractor,
W I T N E S S E T H:
That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the Party of
the First Part (Owner), and under the conditions expressed in the
Bonds bearing even date herewith, the said Party of the Second
Part (Contractor) hereby agrees with the said Party of the First
Part (Owner) to commence and complete the construction of certain
improvements as follows: Construction of 8" water line on Taylor
Avenue in Round Roock, Texas including construction of
approximately 1250 feet of 8" waterline, fittings, valves, fire
hydrants, appertences and all extra work in connection therewith,
under the terms as stated in the General and Special Conditions
of the Agreements and at his own proper cost and expense to
furnish all the materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance, and other accessories and
services necessary to complete the said construction, in
accordance with the conditions and prices stated in the Proposal
attached hereto and in accordance with the Invitation to Bidders,
Instructions to Bidders, General and Special Conditions of the
Agreement, Plans, and other drawings and printed or written
explanatory matter thereof, and the Technical Specifications and
Addenda therefore, as prepared by Engineering and Management
Associates herein entitled the Engineer, each of which had
been identified by the endorsement of the Contractor and
the Owner thereon, together with the Contractor's written
Proposal, the General and Special Conditions of the Agreement,
00400 - 1/3
and the Performance Bond and Payment Bond attached, all of which
are made a part hereof and collectively evidenced and constitute
the entire Contract.
The Contractor hereby agrees to begin work within ten (10)
days after written notice to commence work has been given him by
the Engineer, and to substantially complete the work within 90
calendar days after the date of the written notice to commence
work.
The Owner agrees to pay the Contractor in current funds for
the performance of the Contract in accordance with the Proposal
submitted therefor, subject to additions and deductions, as
provided in the General and Special Conditions of the Agreement,
and to make payments on account thereof as provided therein.
It is further agreed by the parties to this Contract that
the Contractor will execute a Performance Bond and a Payment
Band, each equal in value to the Contract price, from a corporate
surety duly authorized by the State Board of Insurance to do
business in the State of Texas and to execute and issue such
bonds, and which surety has an "A" or "A +" rating from
Best's Key Rating Guide, for the satisfactory performance of the
work, the fulfillment of any guarantees required, and the prompt
payment to all persons supplying labor and materials in the
performance of the work, in accordance with this Contract on the
forms provided fo this purpose; and it is agreed that the
Contract shall not be in effect until such bonds are furnished
and approved by the Owner. The Performance and Payment Bonds
must be signed by a duly authorized representative of the Surety,
licensed by the Texas State Board of Insurance.
IN WITNESS WHEREOF, the parties to these presents have
executed this AGREEMENT in the,year and day first above written.
Attest:
00400 - 2/3
Party of the First Part
CITY OF ROUND ROCK
214 East Main Street
Round Rock, Texas 78664
Attest:
"Corporate Seal"
00400 - 3/3
Partyy o� Second Part
(Contractor)
(The following to be executed if the Contractor is a
Corporation) I, -_ LciAnd..rphyLSOv\ , certify that
I am the Secretary of the Corporation named as Contractor herein;,
that }J. Jab v_ , who signed
this Contract gn behalf of the Contractor was then
___Xis.l-_lJ_'ES1d3af__ (official title) of said Corporation, that
said Contract was duly signed for and in behalf of said
Corporation by authority of its governing body, and is within the
scope of its corporate powers.
Signed:____ v
00500 - PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF _.AJ411,IQ1MS j _ ^^ //11 �_� l Date Bond Executed:
PRINCIPAL: 1j,QNCt .onst_'_cadiaYl-- -LIrry ny.
SURETY:
CONTINENTAL CASUALTY COMPANY
PENAL SUM OF BOND (express in words and figures): -13 41) , ,A2,1 3°
4 ' 1 " } e�t� --
CONTRACT NO: DATE OF CONTRACT:
KNOW ALL MEN BY THESE PRESENTS, that we, the Princi al and Surety
above named, are held and firmly bound unto _ (L1f1 9dl_-
hereinafter called the Owner, in the penal sum of the amount stated
above, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators and successors, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the
principal entered into a certain Contract with the Owner, numbered and
dated as shown above and hereto attached:
NOW THEREFORE-, if the principal shall well and truly perform and
fulfill all the undertakings, covenants, terms, conditions, and
agreements of said Contract during the original term of said Contract
and any extensions thereof that may be granted by the Owner, with or
without notice to the surety, and during the life of any guaranty
required under the Contract, and shall also well and truly perform and
fulfill all the undertakings, covenants, terms, conditions, and
agreements of any and all duly authorized modifications of said Contract
that may hereafter be made, notice of which modifications to the surety
being hereby waived, then this obligation to be void; otherwise to
remain in full force and virtue.
00500 - 1/2
1 I
1 1�
fir..
1 1, ..
1 -
I
1 1
1
1
1
1
1 1
1
1
1 1
IN WITNESS WHEREOF, the above -bound parties have executed this
instrument under their several seals on the date indicated above, the
name and corporate seal of each corporate party being hereto affixed and
these presents duly signed by its undersigned representative, pursuant
to authority of its governing body.
WITNESS:
ATTEST:
SEAL
SEAL
CARLA WADQ5i I
P.O. EEox 53910
TITLE: .. ^ ATTY IN FACT
(Surety to Attach Power of Attorney)
CERTIFICATE AS TO CORPORATE PRINCIPAL
salud.S , certify that I as the
Secretary of the Corporation named as principal in the within Bond, that
ROD E _ �S2�nS�S� , who signed that said Bond on
behalf of the principal, was then ___ �iS.�._?"1 •.Sick 6.±_ of said
Corporation; that I know his signature, and his signature thereto is
genuine; and that said Bond was duly signed, sealed, and attested for
and in behalf of said corporation by authority of its governing body.
DISCLOSURE OF GUARANTY FUND NONPARTICIPATION
In the event t`: ir..:: resrety) is :: -ab!2 tofulfill its contrac•
� •� or contract cr oppEcatiOn
or certificate c: c cf : - :•rcgo, the poiic•iolder or
certificatcholder is not prst2cted by an insurance guaranty
fund or other solvency protection arrangement.
00500 - 2,2
CONTRACTOR ////��
//B��Y Q39•
��: Ra__ ,,e8a,7
jli; t K45_ lIAJQr9.,TV71xb1LY
ADDRESS
CONTINENTAL CASUALTY COMPANY •
SURETY
BY:
ATTORNEY- IN -FAC
RON STROMAN,
ADDRESS - Re.-Bo -14
Lubbock, _ =.: =s 79453
Continental Casualty Company
CNA
ForMUN.Commitn.ml• lim MMW
A N I L L I N O I S C O R P O R A T I O N
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men by these Presents, That CONTINENTAL CASUALTY COMPANY, a corporation duly organized and existing under the
laws of the State of Illinois. and having Its principal office in the City of Chicago, and State of Illinois, does hereby make, constitute
and appoint Howard Co an ike Henthorn Ron t m
Kevin J. Dunn. Carla Waddell Individually
of Midland, Texas
Its true and lawful Attorneydn•fact with full power and authority hereby conferred to sign, seal and execute In its behalf bonds, undertakings
and other obligatory instruments of similar nature
and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the
duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby
given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the following By.Law duly adopted by the Board of
Directors of the Company.
"Article IX— Execution of Documents
Section 3. Appointment of Attorneyin•fact. The President or a Vice President may, from time to time, appoint by wriltencertificates
attorneys•in•fact to act in behalf of the Company in the excecution of policies of Insurance, bonds, undertakings and other obligatory
Instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall
have lull power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company
thereto. The President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given
to any attorney -in- fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the
Board of Directors of the Company at a meeting duly called and held on the 3rd day of April, 1957.
"Resolved, that the signature of the President or Vice President and the seal of the Company may be affixed by facsimile on any
power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary
and the seal of the Company may be affixed by facslmlle to any certificate of any such power, and any power or certificate bearing
such facsimile signatures and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified
by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and
binding on the Company."
In Witness Whereof, CONTINENTAL CASUALTY COMPANY has caused these presents to be signed by its Vice President and its
corporate seat to be hereto affixed on this 1st day of February 19 9.0.
CONTINENTAL CASUALTY COMPANY
State of Illinois 1
County of Cook 1 ss
Form 1.23142•B
-t u•
r,.
- In Unlimited Amounts -
J. E. Purtell Vice President.
On this 1st day of February 19 90 before me personally came
J. E. Purtell, to me known, who, being by me duly sworn, did depose and say: that he resides In the Village of Glenview. State of Illinois, that he is
a Vice - President of CONTINENTAL CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows
the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to the said instrument
is such corporate seal: that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name
thereto pursuant to like authority. and acknowledges same to be the act and deed of said corporation.
Linda C. Dempsey otary Public.
My Commission Expires Nove .er 12, 1990
CERTIFICATE
George R. Hobaugh, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, do hereby certify that the Power of Attorney herein above
set forth Is still In force, and further certify that Section 3 of Article IX of the By-Laws of the Company and the Resolution of the Board of
Directors, set forth In said Power of Attorney are still In force. In testimony whereof I have hereunto subscribed my name and affixed the seal
of the said
Company this day of 19
George R. Hobaugh As ant Secretary
INV. NO. 0- 59200 -9
ATTACH POWER OF ATTORNEY
SECTION 00600 - PAYMENT BOND
STATE OF TEXAS
COUNTY OF l()L1114Y4,50_YL____ Date Bond Executed:
PRINCIPAL:
SURETY:
RhQ.te__ C., oh_s_trlkaf_i.s __ C 0n?_a_11
CONTINENTAL CASUALTY COMPANY
PENAL SUM OF BOND'(express in words and figures): 4 J4.4423, 5°
_ r hunds _t1.4_teon.f _ nts
CONTRACT NO: 1 DATE OF CONTRACT:
KNOW ALL MEN BY THESE PRESENTS, that we, the Princi al an Surety
above named, are held and firmly bound unto __
hereinafter called the Owner, in the penal sum of the amount stated
above, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators and successors, jointly
and severally, firmly by these presents.
00600 - 1/2
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the
principal entered into a certain Contract with the Owner, numbered and
dated as shown above and hereto attached:
NOW THEREFORE, if the principal shall promptly make payment to all
persons supplying labor and material in the prosecution of the work
provided for in said Contract, and any and all duly authorized
modifications of said Contract that may hereafter be made, notice of
which modifications to the surety being hereby waived, then this
obligation to be void, otherwise to remain in full force and virtue.
IN WITNESS WHEREOF, the above -bound parties have executed this
instrument under their several seals on the date indicated above, the
name and corporate seal of each corporate party being hereto affixed and
these presents duly signed by its undersigned representative, pursuant
to authority of its governing body.
Rlaod.E._Cssisioac ,nli C.empany
CONTRACTOR
WITNESS: Q :_)____ BY: t01
$t.z�ox��� .�iUsboro��_Z6la9s
ADDRESS
ATTEST: a LL.)
SEAL
SEAL'
CONTINENTAL CASUALTY COMPANY •
SURETY
CAI AW n E-L-L
P.0. Box 53910
Lubbesk, -T-exa - 945-3 -
TITLE: A M_N/FACJ
(Surety to Attach Power of Attorney)
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, L�iG , certify that I am the
Secretary of the Corporation named as principal in the within Bond, that
_ who signed the said Bond on behalf
of the principal, was then 1L c slsLewt of said Corporation;
that I know his signature, and his signature thereto is genuine; and
that said Bond was duly signed, sealed, and attested for and in behalf
of said Corporation by authority of its governing body.
00600 -2/2
BY:
ATTORNEY -IN -FACT
ADDRESS P.O. Box S��TcS
Lubbock, Texas 79 1 153
,Z4gi a Seal )//
Continental Casualty Company
CNA
For All hp ('ommltnw ,I•Lw Make'
State of Illinois 1
County of Cook ( ss
AN ILLINOIS CORPORATION
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men by these Presents, That CONTINENTAL CASUALTY COMPANY, a corporation duly organized and existing under the
laws of the State of Illinois, and having its principal office in the City of Chicago, and State of Illinois, does hereby make, constitute
and appoint Howard Cowan i ke Henth. rn Ron Str
Kevin J. Dunn. Carla Waddell. Individually
r • f v•.
.• • , oft
-
of Midland, Texas
Its true and lawful Attorneyin•lact with full power and authority hereby conferred to sign, seal and execute In Its behalf bonds, undertakings
and other obligatory Instruments of similar nature
- In Unlimited Amounts -
and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the
duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney. pursuant to the authority hereby
given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of
Directors of the Company.
"Article IX— Execution of Documents
Section 3. Appointment of Attorney.in•fact. The President or a Vice President may, from time to time, appoint by writtencertilicates
attorneys-In-fact to act in behalf of the Company in the excecutlon of policies of insurance, bonds, undertakings and other obligatory
instruments of Tike nature. Such attorneys•in•fact, subject to the limitations set forth in their respective certificates of authority, shall
have full power to bind the Company by their signature and execution of any such Instruments and to attach the seal of the Company
thereto. The President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given
to any attorney-In-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the
Board of Directors of the Company at a meeting duly called and held on the 3rd day of April, 1957.
"Resolved, that the signature of the President or Vice President and the seal of the Company may be affixed by facsimile on any
power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary
and the seal of the Company may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing
such facsimile signatures and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified
by certificate so executed and sealed shall, with respect to any bond or undertaking to which It is attached, continue to be valid and
bindino on the Company."
In Witness Whereof, CONTINENTAL CASUALTY COMPANY has caused these presents to be signed by its Vice President and its
corporate seal to be hereto affixed on this 1st day of February 19 9Q
CONTINENTAL CASUALTY COMPANY
J. . Purtell
Vice President.
On this 1St day of February 19 90 before me personally came
J. E. Purtell, to me known, who, being by me duly sworn. did depose and say' that he resides in the Village of Glenview, State of Illinois; that he is
a Vice-President 01 CONTINENTAL CASUALTY COMPANY, the corporation described in and which executed the above Instrument; that he knows
the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that It was so affixed pursuant to the said instrument
is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name
thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation.
L. / Lin Dempsey otary Public
My Commission Expires Nove .er 12, 1990
CERTIFICATE
I, George R. Hobaugh, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, do hereby certify that the Power of Attorney herein above
set forth is still In force, and further certify that Section 3 of Article IX of the By-Laws of the Company and the Resolution of the Board of
Directors, set forth In said Power of Attorney are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal
of the said
Company this day of 19
Form 1.23142•B
George R. Hobaugh As stant Secretary
INV. NO. G.59200 -B
ATTACH POWER OF ATTORNEY
Of CERTIFICATE OF INSURANCE
ISSUE DATE(MM /DDNY)
I/
r
PRODUCER
THE INWEST GROUP
P.O. BOX 53910
LUBBOCK, TEXAS 79453
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
BERN A ST. PAUL INSURANCE COMPANY
LETT COMP ANY B ST. PAUL INSURANCE COMPANY
t
INSURED
RHODE CONSTRUCTION COMPANY
P.O. BOX 53370
LUBBOCK, TEXAS 79453
COMPANY C ST. PAUL INSURANCE COMPANY
LETTER
COMPANY D
LETTER ST. PAUL INSURANCE COMPANY
COMPANY
LETTER E
COVERAGES
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE NSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI-
TIONS OF SUCH POLICIES.
CO
LTA
TYPE OF INSURANCE
POLICY NUMBER
KKICY
POLICY /MEXPIRATION
ALL LIMITS IN THOUSANDS
A
GENERAL LIABILITY
691NH5887
10/01/89
10 /01/90
$ 2000
X
COMMERCIAL GENERAL LIABILITY
PRODUCTS COMP/OPS AGGREGATE
$ 2000
CLAIMS MADE OCCURRENCE
PERSONAL& ADVERTISING INJURY
$ 1000
OWNER S & CONTRACTORS PROTECTIVE
EACH OCCURRENCE
$ 1000
FIRE DAMAGE (ANY ONE ERE)
$ 50
MEDICAL EXPENSE (ANY ONE PERSON)
B
AUTOMOBILE
X
X
X
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
GARAGE LIABILITY
691NH5887 -1
10/01/89
10/01/90
051
$1000
BODILY
INJURY
(PER PERSON)
$
IH 0085
000loeNn
$
PROPERTY
MACE
$
C
EXCESS
X
LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
591TX7524
10/01/89
10/01/90
OCC EA
$
10,000
AGGREGATE
$
10,000
= 617`_ -me-_ -s=7- _.'!'_J
D
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
WV09201809
10/01/89
10/01/90
®.f
$ 500 (EACH ACCIDENT)
$ 500 (DISEASE POLICY LIMIT)
$ 500 (DISEASE EACH EMPLOYEE)
OTHER
DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /RESTRICTIONS /SPECIAL ITEMS
RE: 8" WATER LINE /TAYLOR AVENUE
ADDITIONAL INSURED IN FAVOR OF CITY OF ROUND ROCK, TEXAS
ALL SUB — CONTRACTORS ARE COVERED UNDER GL CLASSIFICATION 91587
CERTIFICATE HOLDER CANCELLATION I 1
CITY OF ROUND ROCK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX.
F�
214 EAST MAIN PIRATION DATE THEREOF, THE ISSUING COMPANY j1 R TO
ROUND ROCK, TEXAS 78664 { MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
1 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY . y D UPON TH COMPANY, ITS AGENTS OR REPRESENTATIVES.
I AUTHORIZED REP, 03: NTATIVE
(AA..
ACORD 25 -S (11/85) 11111
VIW".
IIR /ACORO CORPORATION 1985
LETTER
' THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE NSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
I BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI-
TIONS OF SUCH POLICIES.
' CO A TYPE OF INSURANCE POLICY NUMBER POLICY TE (M EMF IO EC ) P EXPIRATION TTIO ALL LIMITS IN THOUSANDS
L
' GENERAL LIABILITY GENERAL AGGREGATE $ 500
A COMMERCIAL GENERAL LIABILITY PRODUCTS COMP/OPS AGGREGATE $
i I CLAIMS MADE ❑OCCURRENCE PERSONAL & ADVERTISING INJURY $
I X OWNER 'S CONTRACTORSPAOTECTNE 591TE4549 6/15/90 6/15/91 EACH OCCURRENCE $500 FIAE DAMAGE ANY ONE FIRE) $
MEDICAL EXPENSE (ANY ONE PERSON) $
' AUTOMOBILE LIABILITY
ANY AUTO CSL $ —
— ALL OWNED AUTOS BODILY
— INJURY
SCHEDULED AUTOS PER PERSON) $
HIRED AUTOS I1 �' A y
NON OWNED AUTOS A�L'ORDENTI $
' GARAGE LIABILITY PROPERTY
DAMAGE $
EXCESS LIABILITY OCCURRENCE AGGREGATE
$
r OTHER THAN UMBRELLA FORM. $
III WORKERS' COMPENSATION STATUTORY C
AND $ (EACH ACCIDENT)
$ (DISEASE POLICY LIMIT)
EMPLOYERS' LIABILITY
$ (DISEASE EACH EMPLOYEE)
OTHER
.1
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
RE: 8" WATER LINE /TAYLOR AVENUE
DESIGNATED CONTRACTOR IS RHODE CONSTRUCTION COMPANY
'Mall INAlinell1044
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX.
CITY OF ROUND ROCK + PIRATION DATE THEREOF, THE ISSUING COMPANY 5Xt!{g �{70 TO
214 E. MAIN MAIL30 DAYS WARIER NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
ROUND ROCK, TEXAS 78664 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KI UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPR TATIVE
O
Sao - bTY . — Or A1,Tr .. .. ,
Of. C
CERTIFICATE OF INSURANCE 1 ISSUE DATE(MM /DDNY)
I E
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
COMPANIES AFFORDING COVERAGE
TT
LEER A ST. PAUL INSURANCE COMPANY
B
INSURED L
LETTERNY C
COMPANY p
COMPANY E
1 -- -- ----- J
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
SECTION 00700 - GENERAL CONDITIONS OF THE AGREEMENT
TITLE
Abandonment by Contractor
Abandonment by Owner
Arbitration
Assignment and Subletting
Bonds, Performance and Payment
Changes and Alterations 5 13
Character of Workmen 12 2B
Collateral Contracts 4 9
Contractor's Agent 11 27
Contractor's Buildings 12 32
Contractor's Duty 11 26
Construction Plant 12 29
Damages 4 10
Definitions 1 1
Defects and Their Remedies 7 16
Delayed Payments 10 24
Discrepancies and Omissions 4 8
Engineer's Status During Construction 10 25
Estimated Quantities 4 12
Examination, Observation, and Testing 3 7
Exhibits 3 3
Extension of Time 8 18
Extra Work 5 14
Final Completion and Acceptance 9 22
Final Payment 9 23
Guarantees 19 46
Hindrance and Delays 8 19
Interpretation of Phrases
Insurance
Laws and Ordinances 14 37
Liquidated Damages for Delays 14 38
Losses from Natural Causes 4 11
Maintenance Bond
00700 - Index 1/2
PAGE PARAGRAPH
15 40
17 41
19 44
15 39
18 42
2 2
21 48
23 49
1
1
1
Partial Payments 9 21
1 Performance and Payment Bonds 18 $ 42
Plans and Specifications - Keeping
Accessible 3 4
Preliminary Approval 7 15
I Price for Work 8 20
Protection Against Accident to
Employees and Public 13 33
I Protection Against Claims for
Labor and Material 14 35
Protection Against Royalties or
' Patented Inventions 14 36
Protection of Adjoining Property 13 34
Quantities and Measurements 3 6
I Responsibility for Means,
Methods, etc. 12 30
' Right of Entry 3 5
Sanitation 12 31
▪ Safety and Health Standards 19 45
▪ Termination of Contract 20 47
Time of Filing Claims 18 43
1 Time and Order of Completion 7 17
1
1
1
1
1
1
1
1
TITLE
00700 - Index 2/2
PAGE PARAGRAPH
1
1
1
1
1
00700 - GENERAL CONDITIONS OF THE AGREEMENT
1. DEFINITIONS.
a. Owner, Contractor and Engineer.
I The Owner, the Contractor and the Engineer are those persons or
organizations identified as such in the Agreement and are
referred to throughout the Contract Documents as if singular in
number and masculine in gender. The term Engineer means the
I
Engineer or his duly authorized representative. The Engineer
shall be understood to be the Engineer of the Owner, and nothing
contained in the Contract Documents shall create any contractual
or agency relationship between the Engineer and the Contractor.
b. Contract Documents.
I The Contract Documents will consist of those Sections listed in
the Table of Contents from Division 0 - Contract Requirements
through Division 3 - Plans, inclusive, and all modifications
thereof incorporated in any of the documents before execution of
'
the Agreement.
The Contract Documents are complementary, and what is called for
1 by any one shall be as binding as if called for by all. In case
of conflict between any of the Contract Documents, priority of
interpretation shall be in the following order: Signed
I Agreement, Performance acrd Payment Bonds, Special Bonds (if any),
Bid, Special Conditions of Agreement, Instructions to Bidders,
Division 2, Plans, and General Conditions of Agreement.
1 c. Sub - Contractor.
The term Sub - Contractor, as employed herein, includes only those
having a direct contract with the Contractor and it includes one
I who furnishes material worked to a special design according to
the Plans or Specifications of this work, but does not include
one who merely furnishes material not so worked.
I d. Written Notice.
Written notice shall be deemed to have been duly served if
delivered in person to the individual or to a member of the firm
' or to an officer of the corporation for whom it is intended, or
if delivered at or sent by registered mail to the last business
address known to him who gives the notice.
' e. Work.
"Work" shall mean the work to be done and the labor, equipment ,
supplies, material and service to be furnished under the
I
Contract. The Contractor will provide and pay for all materials,
supplies, machinery, equipment, tools, superintendence, labor,
services, insurance, and all water, light, power, fuel,
00700 1/23
1
' 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
1 workmanship and materials shall be of good quality. The
Contractor shall, if required, furnish satisfactory evidence as
to the kind and quality of materials. Materials or work
1 described in words which so applied have a well known technical
or trade meaning shall be held to refer to such recognized
standards.
I f. 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
1 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
I covered by the Contractor's Proposal, except as provided under
"Changes or Alterations ", herein.
g. Working Day.
I A "Working Day" is defined as any day not including Saturdays,
Sundays or any legal holidays, in which weather or other
conditions, not under the control of the Contractor, will permit
' construction of the principal units of the work for a period of
not less than seven (7) hours between 7:00 a.m. and 6:00 p.m.
h. Calendar Day.
I "Calendar Day" is any day of the week or month, no days being
excepted.
I i. Technical Specifications.
Division 2 of the Contract Documents.
2. INTERPRETATION OF PHASES.
Whenever the words "required ", "permitted ", "designated ",
"considered necessary ", "prescribed ", or words of like import are
used, it shall be understood that the requirement, permission,
I order, designation, or prescription of the Engineer is intended
and similarly, the words "approval ", "acceptable ",
"satisfactory ", or words of like import shall mean approved by or
I acceptable or satisfactory to the Engineer. By the term
"substantially completed" it is meant that the work is
sufficiently completed so that the Owner can occupy the project
I and put it to the full and unrestricted use for which it was
intended although the project may still require minor
miscellaneous work and adjustment. Whenever in the
Specifications or Plans accompanying this Agreement, the terms or
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descriptions of various qualities relative to finish,
workmanship, or other qualities of similar kind which cannot from
their nature be specifically and clearly described and specified,
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are necessarily described in general terms, the fulfillment of
which must depend on individual judgment, then, in all such
cases, any question of the fulfillment of said Specifications or
Plans shall be decided by the Engineer, and said work shall be
done in accordance with his interpretations of the meaning of the
words, terms or clauses defining the character of the work.
3. EXHIBITS.
All work shall be done and all materials furnished in strict
conformity with the appended Invitation to Bidders, Instructions
to Bidders, Bid, Special Conditions of the Agreement,
Specifications and Plans, all of which are hereto attached (or
considered as if attached) and are hereby made a part of this
Contract.
4. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE.
The Contractor shall be furnished with two copies of all Plans
and Specifications without expense to him, and shall keep one
copy of each constantly accessible on the work site.
5. 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 examining, observing, or testing the work, or for the
purpose of constructing or installing such collateral work as
said Owner may desire.
b. QUANTITIES AND MEASUREMENTS.
No extra or customary measurements of any kind will be allowed,
but the actual length, area, solid contents, number, and weight
only shall be considered, unless otherwise specifically provided.
7. EXAMINATION, OBSERVATION, AND TESTING.
It is agreed by the Contractor that the Engineer shall be and is
hereby authorized to appoint from time to time such subordinate
engineers or project representatives as the said Owner may deem
proper to examine the material furnished and observe the work
done and to ascertain whether the said material is furnished and
said work is done in accordance with the Specifications therefor.
The Contractor shall furnish all reasonable aid and assistance
required by the subordinate engineers or project representatives
for the proper examination and testing of the work and materials.
The authority of subordinate engineers and project
representatives shall be limited to examination, observation and
testing of work and materials and reporting the same to the
Engineer.
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B. DISCREPANCIES AND OMISSIONS.
It is further agreed that it is the intent of this contract that
I all work must be done and all material must be furnished in
accordance with generally accepted practice, and to the end that
the finished work be completed in every detail, and in the event
of any discrepancies between the Plans and Specifications, or
otherwise, or in the event of any doubt as to the meaning and
intent of any portion of the Contract, Specifications, or Plans,
1 the Engineer shall define that which is intended to apply to the
work.
9. COLLATERAL CONTRACTS.
I The Owner agrees to provide by separate contract or otherwise,
all labor and material essential to the completion of work
specifically excluded from the Contract, in such manner as not to
I delay the work or damage the Contractor.
10. DAMAGES.
In the event the Contractor is damaged in the course of the
'
completion of the work b the act, neglect, omission, mistake, or
default of the Owner, (except with respect to loss or damage
resulting from risks assumed by the Contractor under the terms of
' ,this Agreement or otherwise), thereby causing loss to the
Contractor, the Owner agrees to reimburse the Contractor for such
loss. In the event the Owner is damaged in the course of the
I work by the act, negligence, omission, mistake, or default of the
Contractor; or should the Contractor unreasonably delay the
progress of the work being done by others on the job so as to
cause loss for which the Owner becomes liable, then the
' Contractor shall reimburse the Owner for such loss.
11. LOSSES FROM NATURAL CAUSES.
I All loss or damage arising out of the nature of the work to be
done, or from the action of the elements, or from any unforeseen
circumstances in the prosecution of the work, or from unusual
obstructions or difficulties which may be encountered in the
I
prosecution of the work shall be sustained and borne by the
Contractor at his own cost and expense.
I 12. ESTIMATED QUANTITIES.
II This Agreement, including the Specifications, Plans, and
estimates, is intended to show clearly all work to be done and
I material to be furnished hereunder. The estimated quantities of
the various classes of work to be done and material to be
furnished under this Contract are approximate and are to be used
only as a basis for estimating the probable cost of the work and
I
for comparing the proposals offered for the work. It is
understood and agreed that the actual amount of work to be done
and material to be furnished under this Contract may differ
II somewhat from these estimates, and that the basis for payment
II under this Contract shall be the actual amount of such work done
and the material furnished.
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The Contractor agrees that he will make no claim for damages,
anticipated profits or otherwise on account of any differences
which may be found between the quantities of work actually done
or the material actually furnished under this Contract and the
estimated quantities contemplated and contained in the Proposal.
Payment for all items in this project will be made on the basis
of the contract unit price without adjustment, regardless of
overrun or underrun of estimated quantities.
13. CHANGES AND ALTERATIONS.
The Contractor further agrees that the Owner may make such
changes and alterations as the Owner may see fit in the line,
grade, form, dimensions, plans, or materials for the work herein
contemplated, or any part thereof, either before or after the
beginning of the construction, without affecting the validity of
this Contract and the accompanying Bonds.
If such changes or alterations diminish the quantity of the work
to be done, they shall 'not constitute the basis for a claim for
damages, or anticipated profits on the work that may be dispensed
with, except as provided in Paragraph 12 first above. If they
increase the amount of work and the increased work can fairly be
classified under the Specifications, such increase shall be paid
for according to the quantity actually done and at the unit price
established for such work under this Contract; otherwise such
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 materials already furnished
or used in said work, then the Owner shall recompense the
Contractor for any material or labor so used and for any actual
loss occasioned by such change due to actual expenses incurred in
preparation for the work as originally planned.
14. 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 in Paragraph 13 first above.
It is agreed that the Contractor shall perform all Extra Work
when presented with a Written Work Order signed by the Engineer;
subject, however, to the right of the Contractor to require a
I written confirmation of such Extra Work Order by the Owner. It
is also agreed that the compensation to be paid the Contractor
for performing Extra Work shall be determined by one or more of
the following methods.
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I Method (A) - By agreed unit prices; or
Method (B) - By agreed Lump Sum; or
Method (C) - If neither Method (A) nor Method (B) be agreed upon
before the xtra Work is commenced, then the Contractor shall be
paid the "actual field cost" of the work, plus fifteen percent
(15 %).
I In the event said Extra Work be performed and paid for under
Method (C), then the provisions of this paragraph shall apply and
the "actual field cost" is hereby defined to include the cost of
I all workmen, such as foremen, timekeepers, mechanics, and
laborers, and all materials, supplies, teams, trucks, and rentals
on machinery and equipment for the time actually employed or used
I on such Extra Work, plus actual transportation charges
necessarily incurred if such equipment or machinery is not
'already on the job, together with all power, fuel, lubricants,
water and similar operating expenses, also all necessary
I incidental expenses, incurred directly on.account of such Extra
Work, including Social Security, Old Age Benefits, and other
payroll taxes, and a ratable proration of premiums on
' Construction and Maintenance Bonds, Public Liability and Property
Damage and Workmen's Compensation, and all other insurance as may
be required by any law or ordinance, or required by the Engineer
I or Owner, or agreed to by them. The Engineer may prescribe the
form in which accounts of the "actual field cost" shall be kept
and may also specify in writing, before the work commences, the
method of doing the work and the type and kind of machinery and
I equipment to be used, otherwise these matters shall be determined
by the Contractor. Unless otherwise agreed upon, the prices for
the use of machinery and equipment shall be determined by using
I 100 percent of the latest schedule of Equipment Ownership Expense
adopted by the Associated General Contractors of America. Where
practicable, the terms and prices for the use of machinery and
equipment shall be incorporated in the Written Extra Work Order.
I The fifteen percent (15 %) of the "actual field cost" to be paid
the Contractor shall cover and compensate him for his profit,
overhead, general superintendence and field office expense, and
▪ all other elements of cost and expense not embraced within the
▪ "actual field cost" as herein defined, save that where the
Contractor's Camp or Field Office must be maintained primarily on
I account of such Extra Work, then the cost to maintain and operate
this office shall be included in the "actual field cost ".
No claim for Extra Work of any kind will be allowed unless
1 ordered in writing by the Engineer. In case any requirements
made by the Engineer appear to the Contractor to involve Extra
Work for which he should receive compensation, he shall, within
' five days after being notified of any such requirement, make
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written request to the Engineer for written authorization
therefor. Should a difference of opinion arise as to what does
' or does not constitute Extra Work, or as to the payment
therefore, and the Engineer insists upon its performance, the
Contractor shall proceed with the work after making written
' request for written authorization and shall keep an accurate
account of the "actual field cost" thereof, as provided under
Method (C). The Contractor will thereby preserve the right to
submit the matter of payment to arbitration, as hereinbelow
provided.
15. PRELIMINARY APPROVAL.
I Neither the Engineer, nor his subordinates shall have any power
to waive the obligations of this Contract for the furnishing by
the Contractor of good material, or for his performance of good
I work as herein described and in full accordance with the Plans
and Specifications. No failure or omission of the Engineer or
his subordinates to discover, object to or condemn any defective
work or material, shall release the Contractor from the
obligation to fully and properly perform the Contract, including,
without limitation, the obligation to at once tear out, remove
and properly replace the same at any time prior to final
111 Any subject to the provisions of paragraph 7 hereinabove.
Any questioned work may be ordered by the Engineer , after
conferring with Owner, to be taken up or removed for re-
I examination prior to final acceptance, and if found not in
accordance with the specifications for said work, all expense of
removing, re- examination, and replacement shall be borne by the
Contractor; otherwise the expense thus incurred shall be allowed
1 as Extra Work and shall be paid for by the Owner.
16. DEFECTS AND THEIR REMEDIES.
I It is further agreed that if the work or any part thereof, or any
material brought on the ground for use in the work or selected
for the work, shall be deemed by the Engineer as unsuitable or
not in conformity with the Specifications, the Contractor shall,
I after receipt of written notice thereof from the Engineer,
forthwith remove such material and rebuild or otherwise remedy
such work so that it shall be in full accordance with this
' Contract.
17. TIME AND ORDER OF COMPLETION.
I It is the meaning and intent of this Contract, unless otherwise
herein specifically provided, that the Contractor shall be
allowed to prosecute his work at such times and seasons, in such
order of precedence, and in such manner as shall be most
conducive to economy of construction; provided, however, that the
order and time of prosecution shall be such that the work shall
be substantially completed as a whole and in part, in accordance
with this Contract, the Plans and the Specifications and within
II the time of completion shown in the Proposal provided, also, that
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when the Owner is having other work done, either by contract or
I by his own force, the Engineer may prescribe the time and manner
of constructing the work done under this Contract so that
conflict will be avoided and the construction of the various
1 works being done for the Owner shall be harmonized.
18. EXTENSION OF TIME.
Should the Contractor be delayed in the completion of the work by
I
any act or neglect of the Owner or Engineer, or by any employee
of either, or by other contractors employed by the Owner, or by
changes ordered in the work, or by strikes, lockouts, fire, or
I unusual delays by common carriers, or unavoidable cause or causes
beyond the Contractor's control, or by any cause which the
Engineer shall decide justifies the delay, then an extension of
I time shall be allowed for completing the work sufficient to
compensate for the delay, the amount of the extension to be
determined by the Engineer; provided, however, that the
Contractor shall give the Engineer notice in writing of the cause
I of such delay prior to he tenth day of the month following the
month in which the delay occurred.
19. HINDRANCES AND DELAYS.
The Contractor shall receive no compensation for delays or
hindrances to the work, except when direct and unavoidable extra
cost to the Contractor is caused by the failure of the City to
I provide information or material, if any, which is to be furnished
by the City or access to the work. When such extra compensation
is claimed a written statement thereof shall be presented by the
I Contractor to the Engineer and if by him found correct shall be
approved. If delay is :caused by specific orders given by the
Engineer to stop work or by the performance of extra work or by
I the failure of the City to provide material or necessary
instructions for carrying on the work,then such delay will
entitle the Contractor to an equivalent extension of time, his
application for which shall, however, be subject to the approval
I of the Engineer. No such extension of time shall release the
Contractor or the surety on his performance bond from all his
obligations hereunder which shall remain in full force until the
' discharge of the contract.
20. PRICE FOR WORK.
I In consideration of the furnishing of all the necessary labor,
equipment, and material and the completion of all work by the
Contractor, and on the completion of all work and the delivery of
all material embraced in this Contract in full conformity with
I the Specifications and stipulations herein contained, the Owner
agrees to pay the Contractor the prices set forth in the Proposal
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hereto attached which has been made a part of this Contract. And
I the Contractor hereby agrees to receive such price in full for
furnishing all materials and all labor required for the aforesaid
work, also for all expense incurred by him, and for well and
▪ truly performing the same and the w4ole thereof in the manner
▪ prescribed by and in accordance with this Agreement and the
attached Specifications and requirements of the Engineer.
1 21. PARTIAL PAYMENTS.
Partial payment requests will be prepared and submitted to the
Engineer when and as stated in Section 01005 - Administrative
I Provisions. The Owner shall pay the Contractor each month the
total amount of the Engineer's statement, less ten percent of the
amount thereof, which ten percent shall be retained until final
I acceptance of the work, and further less all previous payments,
and further less all further sums that may be retained by the
owner under the terms of'this Agreement. It is understood,
' however, that in case the whole work be near to completion and
some unexpected and unusual delay occurs due to no fault or
neglect on the part of the Contractor, the Owner may, upon
written recommendation of the Engineer, pay a reasonable and
I equitable portion of the retained percentage to the Contractor;
or, the Contractor, at the Owner's option, may be relieved of the
obligation to fully complete the work, and thereupon, the
I Contractor shall receive payment of the balance due him under the
Contract subject only to the conditions stated in Paragraph 25
below.
I 22. FINAL COMPLETION AND ACCEPTANCE.
Within ten days after the Contractor has given the Engineer
written notice that the work has been completed, or substantially
I completed, the Engineer and the Owner shall inspect the work and
within said time, if the work is found to be completed or
substantially completed in accordance with the Plans and
Technical Specifications, and notification of City acceptance
of facilities has been received by the Engineer, the Engineer
shall issue to the Owner and the Contractor his Certificate of
Completion or his Certificate of Substantial Completion, and
I thereupon it shall be the duty of the Owner within the
aforementioned days to issue a Certificate of Acceptance of the
work to the Contractor.
1 23. FINAL PAYMENT.
Upon the issuance of a Certificate of Completion, the Engineer
shall proceed to make final measurements and prepare a final
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statement of the value of all work performed and materials
furnished under the terms of the Agreement and shall certify this
statement to the Owner, who shall pay to the Contractor on or
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before the 30th day after the date of the Certificate of
Completion the balance due the Contractor under the terms of this
I Agreement, provided he has fully performed his contractual
obligations under the terms of the Contract; and said payment
shall become due in any event upon said performance by the
1 Contractor.
Upon the issuance of a Certificate of Substantial Completion, the
Engineer shall proceed to make final measurements and prepare a
I
final statement of the value of all work performed and materials
furnished under the terms of the Agreement, less a retention of
the Engineer's estimated cost of completing the incomplete or
1 unsatisfactory items of work with specified amounts for each
incomplete or defective item of work, and shall certify this
statement to the Owner, who shall pay to the Contractor on or
I before the 30th day after the date of the Certificate of
Substantial Completion the balance due the Contractor under the
terms of this Agreement less retention for incomplete or unsatis-
factory items of work. Final payment shall be made to the
Contractor by the Owner before the 30th day after the date that
the Engineer certifies to the Owner and the Contractor that the
incomplete or unsatisfactory items of work have been completed in
' accordance with the plans and specifications that the amount
retained therefore is due the Contractor.
I Neither the Certificate of Acceptance nor the final payment, nar
any provision to the Contract Documents, shall relieve the
Contractor of the obligation for fulfillment of any warranty
which may be required in the Specifications.
I 24. DELAYED PAYMENTS.i
Should the Owner fail to make payment to the Contractor of the
I sum named in any partial or final statement when payment is due,
or should the Engineer fail to issue any statement on or before
the date above provided, then the Owner shall pay to the
I Contractor, in addition to the sum shown as due by such
statement, interest thereon at the rate of six percent per annum
from the date due as provided in paragraphs 21 and 23, until
fully paid, which shall fully liquidate any injury to the
1 Contractor growing out of such delay in payment, but the right is
expressly reserved to the Contractor in the event payments be not
promptly made, as provided in paragraph 21, to at any time
I thereafter treat the Contract as abandoned by the Owner and
recover compensation as provided by paragraph 41 of this
Contract.
I 25. ENGINEER'S STATUS DURING CONSTRUCTION.
It is mutually agreed between the parties to this Agreement that
the Engineer will act as the Owner's representative during the
1 construction of the project, and that no act or omission on the
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part of the Engineer, his subordinates or representatives, will
1 excuse the Contractor from full and proper performance of this
Agreement according to its terms, or give rise to any liability
or obligation from the Engineer to the Contractor. In order to
' prevent delays and disputes and to discourage litigation, it is
further agreed by and between the parties to the Contract, that
if it cannot be otherwise agreed, the Engineer shall in all cases
I determine the amounts and quantities of the several kinds of work
which are to be paid for under this Contract, and he shall
determine all questions in relation to said work and the
construction thereof, and he shall in all cases decide every
I question which may arise relative to the execution of this
Contract on the part of said Contractor; that his estimates and
findings shall be the conditions precedent to the right of the
I parties hereto to arbitration or to any action on the Contract;
provided, however, that should the Engineer render any decision
or make any requirement which, in the opinion of either party
hereto, is not in accordance with the meaning and intent of the
I Contract, either party may file with said Engineer within 30 days
his written objection to the decision or requirement so rendered,
and by such action may reserve the right to submit the question
I so raised to arbitration as herein provided. It is the intent of
this Agreement that there shall be no delay in the execution of
the work. To this end the decision or requirement of the
I Engineer shall be promptly carried out, and any claim arising
therefrom shall be thereafter adjusted by arbitration as
hereinafter provided.
I The Engineer shall, within a reasonable time, render and deliver
to both the Owner and the Contractor a written decision on all
claims of the parties hereto and on all questions which may arise
• relative to the execution of the work or the interpretation of
• the Contract, Specifications, or Plans. Should the Engineer fail
to make such decision within a reasonable time, an appeal to
arbitration may be taken as if his decision had been rendered
against the party appealing.
Engineer will have authority to disapprove or reject Work which
I Engineer believes to be defective, and will also have authority
to require special inspection or testing of the Work, whether or
not the Work is fabricated, installed or completed.
1 26. CONTRACTOR'S DUTY.
The Contractor shall give personal attention to the faithful
prosecution and completion of this work and shall be present
I
either in person or by duly authorized representatives on the
site of the work continuously during its progress.
▪ 27. CONTRACTOR'S AGENT.
▪ The Contractor during his absence from the work site will keep a
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competent superintendent or foreman on the site, fully authorized
to act for him in his absence. Any notice given by the Engineer,
when given to any superintendent, foreman or agent of the
1 Contractor in charge of any operation of the work in the absence
of the Contractor, shall be considered as notice to the
Contractor.
1 28. CHARACTER OF WORKMEN.
The Contractor agrees to employ only orderly, competent, and
skillful men to do the work; and agrees that whenever the
I
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
I again be employed on the work without the Engineer's written
consent.
' 29. CONSTRUCTION PLANT.
The Contractor shall provide all labor, tools, equipment,
machinery, and material necessary in the prosecutibn and
completion of this Contract, unless otherwise specifically
1
provided, and it is also understood that the Owner shall not be
held responsible for the care, preservation, conservation, or
protection of any material, tools, or machinery or any part of
' the work until it is finally completed and accepted.
30. RESPONSIBILITY FOR MEANS, METHODS, ETC.
I Engineer will not be responsible for Contractor's means, methods,
techniques, sequences or procedures of construction, or the
safety precautions and programs incident thereto, and Engineer
will not be responsible for Contractor's failure to perform or
I furnish the Work in accordance with the Contract Documents.
If at any time the working force of the Contractor is inadequate
I for securing the progress herein specified, the Contractor shall,
if so notified in writing, increase his force or equipment, or
both, to such an extent as to give reasonable assurance of
compliance with the schedule of progress, subject to the rights
and remedies provided him by paragraph 25 hereof.
31. SANITATION.
I Necessary sanitary conveniences for the use of laborers on the
work, properly secluded from public observation, shall be
constructed and maintained by the Contractor, in such manner and
I at such points as shall be approved by the Engineer, and their
use shall be strictly enforced.
32. CONTRACTOR'S BUILDINGS.
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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 prescribe, and the sanitary
1 conditions of the grounds in or about such structures shall at
all times be maintained in a manner satisfactory to the Engineer.
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33. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC.
the Contractor shall maintain such insurance as will protect the
I
Contractor, the Owner, and the Engineer from claims under and
from any other claims for damages from personal injury, including
death, which may arise from operations under this Agreement,
I whether such operations be by himself or by any subcontractor or
anyone directly or indirectly employed by either of them. In
this connection, Contractor agrees to carry public liability
I insurance with minimum limits for bodily injury of $100,000 as to
each person and $300,000 as to each accident, and with minimum
limits for property damage of $10,000 as to each accident and
$25,000 aggregate, and automobile liability insurance with
I minimum limits for bodily injury of $100,000 as to each person
and $300,000 as to each accident and with a minimum limit for
property damages of $10,000 as to each accident. In addition,
' Contractor agrees to maintain such additional insurance as speci-
fied in the Special Conditions hereof or as may be specified by
the Owner in writing. All certificates of such insurance shall
be filed with the Owner if so required and shall be subject to
I his approval for adequacy of protection. The Contractor shall at
all times exercise reasonable precautions for the safety of
employees on the work and shall comply with all applicable provi-
1111 ▪ sions of the Federal, State and Municipal safety laws and
building and construction codes. All machinery, equipment, and
other physical hazards shall be guarded in accordance with the
Manual of Accident Prevention in Construction of the Associated
General Contractors of America unless such instructions are
incompatible with Federal, State or Municipal laws or
regulations. Contractor shall promptly report to the Engineer in
I the form prescribed by_the Engineer, all accidents occurring to
Contractor's employees or any other parties or property.
To the extent that liability is created upon the Engineer by
▪ Article 249d, Texas Civil Statutes (the modification of House
Bill 761) in addition to existing laws, before the Contractor
commences any work in connection with this contract or before he
I
allows any subcontractor to commence any work he will include as
an additional insured on the comprehensive general liability
insurance required to be carried by him hereunder, the Owner,
' Engineer, their agents and employees.
34. PROTECTION OF ADJOINING PROPERTY.
I The said Contractor shall take proper means to protect the
adjacent or adjoining property or properties in any way
encountered, or 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
construction; and the Contractor shall be liable for any and all
claims for such damage on account of his failure to fully protect
all adjoining property.
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Where necessary to take down fences, signs, or other obstructions
replace them in their original condition and restore damaged
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property or make satisfactory restitution, at no cost to Owner.
35. PROTECTION AGAINST CLAIMS OF SUB - CONTRACTORS, LABORERS, MATERIAL-
, MEN, AND FURNISHERS OF MACHINERY, EQUIPMENT, AND SUPPLIERS.
The Contractor agrees that he will indemnify and save the Owner
harmless from all claims growing out of the lawful demands of
sub - contractors, laborers, workmen, mechanics, materialmen, and
furnishers of machinery and parts thereof, equipment, power
tools, and all supplies, including commissary, incurred in the
furtherance of the performance of this Contract. When so desired
1 by the Owner, the Contractor shall furnish satisfactory evidence
that all obligations of the nature hereinabove designated have
been paid, discharged, or waived. If the Contractor fails to do
' so, then the Owner may at the option of the Contractor either pay
directly any unpaid bills of which the Owner has written notice
or withhold from the Contractor's unpaid compensation a sum of
money deemed reasonably sufficient to liquidate any and all such
lawful claims until satisfactory evidence is furnished that all
liabilities have been fully discharged,, whereupon payments to the
Contractor shall be resumed in full, in accordance with the terms
▪ of this Contract, but in no event shall the provisions of this
▪ sentence be construed to impose any obligation upon the Owner by
either the Contractor or his Surety.
1 36. PROTECTION AGAINST ROYALTIES AND PATENTED INVENTIONS.
The Contractor shall protect and save harmless the Owner from all
and every demand for damages, royalties, or fees on any patented
invention used by him in connection with the work done or
material furnished under this Contract, including damages,
royalties, or fees on any patented material, machinery,
appliance, process, or invention specified in this Contract.
37. LAWS AND ORDINANCES.
The Contractor shall at all times observe and comply with all
I Federal, State and local laws, ordinances, and regulations which
in any manner affect the Contract or the work, and shall
indemnify and save harmless the Owner against any claim arising
from the violation of any such laws or ordinances, whether by the
Contractor or his employees. In case the Owner is a body politic
and corporate, the law from which it derives its powers, insofar
as the same regulates the obiects for which, or the manner in
which, or the conditions under which the Owner may enter into
contract, shall be controlling and shall be considered as part of
• this Contract to the same effect as though embodied herein.
▪ 3B. LIQUIDATED DAMAGES FOR DELAY.
The Contractor agrees that time is of the essence of this
' Contract. The Contractor and the Owner understand and agree that
00700 - 14/23
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a breach of this Contract as to completion on time will cause
damage to the Owner, and further agree that such damages cannot
be accurately measured or that ascertainment will be difficult.
Therefore, the parties agree that for each and every calendar day
the work or any portion thereof shall remain uncompleted after
' the expiration of the time limit set in the Contract, or as
extended under the foregoing provisions for Extension of Time,
the Owner may withhold permanently from the Contractor's total
I compensation the sum of One Hundred Dollars (S100.00) per day as
minimum liquidated damages. However, the foregoing agreement as
to liquidated damages constitutes only an agreement by the Owner
and the Contractor as to the minimum amount of damages which the
I Owner will sustain in any event by reason of the Contractor's
failure to complete the work within the specified time. Should
the Owner suffer damage over and above the minimum amount
I specified, by reason of the Contractor's failure to begin the
work when ordered, carry it forward uninterruptedly after
beginning, or complete it within the specified time in strict
accordance with the Plans and Specifications, the Owner may
1 recover such additional amount. The Owner will have the right to
deduct and withhold the amount of any and all such damages,
whether it be the minimum amount stipulated above or otherwise,
111 Owner any moneys owing by the Owner to said Contractor, or the
Owner may recover such amount from the Contractor or the Sureties
on his bond; all of such remedies shall be cumulative and the
I Owner shall not be requi'red to elect any one nor deemed to have
made an election by proceeding to enforce any one remedy.
39. ASSIGNMENT AND SUBLETTING.
I
The Contractor further agrees that he will retain personal
control and will give his personal attention to the fulfillment
of this Contract, and that he will not assign by Power of
▪ Attorney, or otherwise, nor sublet said Contract without the
▪ written consent of the Owner, and that no part or feature of the
work will be sublet to anyone objectionable to the Engineer or
the Owner. The Contractor further agrees that the subletting of
MI
any portion or feature of the work or materials required in the
performance of this Contract shall not relieve the Contractor
from his full obligations to the Owner, as provided by this
I Agreement.
40. ABANDONMENT BY CONTRACTOR.
In case the Contractor should abandon and fail or refuse to
resume work within ten days after written notification from the
Owner, or the Engineer, or if the Contractor fails to comply with
the order of the Engineer when such orders are consistent with
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this Contract, or with this Agreement, or with the Specifications
hereto attached, then, and in that case', the Surety on the Bond
shall be notified in writing and directed to complete the work,
I and a copy of said notice shall be delivered to the Contractor.
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After receiving said notice of abandonment, the Contractor shall
1 not remove from the work any machinery, equipment, tools,
materials, or supplies then on the job, but the same, together
with any materials and equipment under contract for the work, may
I be held for use an the work by the Owner or the Surety on the
construction Bond, or another contractor in completion of the
work; and the Contractor shall not receive any rental or credit
1 therefor, (except when used in connection with Extra Work, where
credit shall be allowed as provided for under paragraph 14,
"Extra Work "); it being understood that the use of such equipment
and materials will ultimately reduce the cost to complete the
I work and be reflected in the final settlement.
In case the Surety should fail to commence compliance with the
I notice for completion hereinbefore provided for, within ten days
after service of such notice, then the Owner may elect to provide
for completion of the work in either of the following manners:
I (a) The Owner may thereupon employ such force of men and use
such machinery, equipment, tools, materials, and supplies as he
may deem necessary to complete the work and charge the expense of
1 such labor, machinery, equipment, tools, materials, and supplies
to said Contractor, and the expense so charged shall be deducted
and paid by the Owner out of such moneys as may be due, or that
I may thereafter at any time become due to the Contractor under and
by virtue of this Agreement. In case such expense is less than
the sum which would have been payable under this Contract, if the
same had been completed by the Contractor, then said Contractor
I shall receive the difference. In case such expense is greater
than the sum which would have been payable under this Contract,
if the same had been completed by said Contractor, then the
I Contractor and /or his Surety shall pay the amount of such excess
to the Owner; or
(b) The owner under sealed bids, after fourteen days notice
I
published two or more times in a newspaper having a general
circulation in the county of the location of the work, may let
the contract for the completion of the work under substantially
1 the same terms and conditions which are provided in this
Contract. In case of any increase in cost to the Owner under the
new contract as compared to what would have been the cost under
I this Contract, such increase shall be charged to the Contractor
and the Surety shall be and remain bound therefor. However,
should the cost to complete any such new contract prove to be
less than what should have been the cost to complete under this
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Contract, the Contractor and /or his Surety shall be credited
therewith.
I When the work shall have been substantially completed, the
When and his Surety shall be so notified and Certificates
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of Completion and Acceptance, as provided in paragraph 22
I hereinabove, shall be issued. A complete itemized statement of
the contract accounts, certified to by the Engineer as being
correct, shall then be prepared and delivered to the Contractor
I and his Surety, whereupon the Contractor and /or his Surety, or
the Owner as the case may be, shall pay the balance due as
reflected by the said statement within thirty days after the
• date of such Certificate of Completion.
In the event the statement of accounts shows that the cost to
complete the work is less than that which would have been the
1 cost to the Owner had the work been completed by the Contractor
under the terms of this Contract; or when the Contractor and /or
his Surety shall pay the balance shown to be due by them to the
I 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
I
Surety fail to pay the amount due the Owner within the time
designated hereinabove, and there remains any machinery,
equipment, tools, materials, or supplies an the site of the work,
1 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
I to exercise ordinary care to protect such property. After 15
days from the date of said notice the Owner may sell such
machinery, equipment, tools, materials, or supplies and apply the
I net sum derived from such sale to the credit of the Contractor
and his Surety. Such sale may be made at either public or
private sale, with or without notice as the Owner may elect.
The Owner shall release any machinery, equipment, tools,
materials, or supplies which remain on the work and belong to
persons other than the Contractor or his Surety, to their proper
1 owners.
41. ABANDONMENT BY OWNER.
I In case the Owner shall fail to comply with the terms of this
Contract, and should fail or refuse to comply with said terms
within ten days after written notification by the Contractor,
then the Contractor may suspend or wholly abandon the work, and
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may remove therefrom all machinery, tools and equipment, and all
materials on the ground that have not been included in payments
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I to the Contractor and have not been wrought into the work. And
thereupon the Engineer shall make an estimate of the total amount
earned by the Contractor; which estimate shall include the value
1 of all work actually completed by said Contractor at the prices
stated in the attached Proposal, the value of all partially
completed work at a fair and equitable price, and the amount of
I all Extra Work performed at the prices agreed upon or provided
for by the terms of this Contract, and a reasonable sum to cover
the cost of any provisions made by the Contractor to carry the
whole work to completion and which cannot be utilized. The
I Engineer shall then make a final statement of the balance due the
Contractor by deducting from the above estimate all previous
payments by the Owner and all other sums that may be retained by
I the Owner under the terms of this Agreement and shall certify
same to the Owner who shall pay to the Contractor on or before 30
days after the date of the notification by the Contractor the
balance shown by said final statement is due the Contractor,
I
under the terms of this 'Agreement.
42. PERFORMANCE AND PAYMENT BONDS.
I It is further agreed by the parties to this Contract that the
Contractor will execute a Performance Bond and a Payment Bond
from a corporate surety duly authorized to do business in the
I State of Texas which has %'an "A" or "A +" rating from
Best's Key Rating Guide, each equal in value to the Contract
price, for the satisfactory performance of the work, the
fulfillment of any guarantees required, and the prompt payment to
1
all persons supplying labor and materials in the prosecution of
the work, in accordance :with this Contract on the forms provided
for this purpose; and it is agreed that the Contract shall not be
' in effect until such bonds are furnished and approved by the
Owner. The bonds must be signed by a duly authorized
representative of such surety.
1 43. 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
I writing and filed with the Engineer within a reasonable time
after the Engineer has given any order or instruction to which
the Contractor desired to take exception. The Engineer shall
I reply to such written exceptions by the Contractor and render his
final decision in writing. In case the Contractor should appeal
from the Engineer's decision, any demand for arbitration shalt be
filed with the Engineer and the Owner in writing within ten days
I
after the date of the Engineer's final decision. It is further
agreed that final acceptance of the work by the Owner and the
acceptance by the Contractor of the final payment shall be a bar
' to any claim by either party, except as hereinabove provided.
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I 44. ARBITRATION.
All questions of dispute under this Agreement shall be submitted
to arbitration at the request of either party to the dispute.
I The parties may agree upon one arbitrator, otherwise, there shall
be three; one named in writing by each party, and the
third chosen by the two arbitrators so selected; or if the arbi-
trators fail to select a third within ten days, he shall be
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chosen by the presiding officer, if a disinterested party, of the
Bar Association nearest to the location of the work.
I Should the party demanding arbitration fail to name an arbiter
within ten days of the demand, his right to arbitrate shall
lapse, and the decision of the Engineer shall be final and
I binding on him. Should the other party fail to choose an arbiter
within ten days, the Engineer shall appoint such arbiter. Should
either party refuse or neglect to supply the arbiters with any
papers or information demanded in writing, the arbiters are
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empowered by both parties to take ex parte proceedings.
The arbiters shall act with promptness. The decision of any two
II shall be binding on both parties to the Contract. THE DECISION
▪ OF THE ARBITERS UPON ANY QUESTIONS SUBMITTED TO ARBITRATION UNDER
THIS CONTRACT SHALL BE A CONDITION PRECEDENT TO ANY RIGHT OF
I LEGAL ACTION. The decision of the arbiter or arbiters may be
filed in court to carry it into effect.
The arbiters, if they deem the case demand it, are authorized to
award the party whose contention is sustained, such sums as they
deem proper for the time, expense, and trouble incident to the
appeal, and if the appeal was taken without reasonable cause,
' they may award damages for any delay occasioned thereby. The
arbiters shall fix their own compensation, unless otherwise
provided by agreement, and shall assess the cost and charges of
the arbitration upon either or both parties. The award of the
I arbiters must be made in writing, and shall not be open to
objection on account of the form of proceedings or award.
1 45. SAFETY AND HEALTH STANDARDS.
Contractor shall observe and comply with the Texas Occupational
Safety Act (Art. 5182a, V.C.S.) and with all safety and health
I standards promulgated by the Secretary of Labor under Section 107
of the Contract Work Hours and Standards Act, published in 29 CFR
part 1926 and adopted by the Secretary of Labor as occupational
safety and health standards under the Williams - Steiger
' Occupational Safety and Health Act of 1970, and to any other
legislation enacted for the safety and health of Contractor
employees. Such safety and health standards shall apply to all
▪ subcontractors and their employees as well as to the Contractor
▪ and its employees.
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46. GUARANTEES.
I The Contractor shall guarantee work, including equipment
installed, to be free from defects due to faulty workmanship or
materials for period of one year from date of issue of
' Cqrtificate of Acceptance. Upon notice from Owner, the
Contractor shall repair defects in all construction which develop
during specified period at no cost to Owner. Neither final
I acceptance nor 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
II Contractor or replace same and recover reasonable cost thereof from
Contractor and /or his surety.
I 47. TERMINATION OF CONTRACT
If the Contractor should be guilty of substantial violation of
the Contract or any provision thereof, the Owner, upon
certification by the Engineer as to the nature and extent of such
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violation, may without prejudice to any other resources or remedy
give the Contractor written notice of termination of the
employment of the Contractor 10 days subsequent to such notice.
III Immediately following such date, the Owner may take possession of
▪ the site of the work and all material, equipment, tools, and
appliances thereon and may finish the work in accordance with the
I provisions of Paragraph 40 "Abandonment by Contractor ", of these
General Conditions. If work should be stopped by order of any
public authority or court through no act or fault of the
Contractor for a period of three (3) months or if the Owner
I should substantially fail to perform the provisions of the
Contract with regard to :Owner's obligations to the Contractor,
then the Contractor may, upon ten (10) days written notice to the
I Owner, terminate this Contract and recover from the Owner payment
for all completed work. In the event that the Contract should
be terminated for any reason whatsoever, the Owner may request
the Contractor in writing.to remove any or all of his equipment,
I tools, and supplies, and the Contractor shall comply with the
request within ten (10) days after receipt of the notice. Should
he fail to do so within (10) days after receipt of such notice,
▪ the Owner shall have the right to remove such equipment and
▪ supplies at the expense of the Contractor and to place such
equipment, tools and supplies in storage at the risk and expense
1 of the Contractor.
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48.INSURANCE
Contractor shall carry insurance in the following types and
I amounts fo; the duration of this contract, which shall include
items owned by Owner in care, custody and control of
Contractor prior and during construction and warranty period,
and furnish Certificates of Insurance along with copies of
I policy declaration pages and all policy endorsements as
evidence thereof:
la
I b. Commercial General Liability Insurance with minimum
limits of $500,000 per occurrence and $1,000,000
Aggregate or $500,000 for this designated project
' and $100,000 Fire Damage.
c. Automobile Liability Insurance for all owned, nonowned
and hired vehicles with minimum limits for Bodily
' Injury of $250,000 for each person and $500,000 for
each occurrence and Property Damage limits of $100,000
or a Combined Single Limit of $600,000.
d. On all new or remodeling building projects; All Risk
Builders Risk Insurance of insurable building projects
' shall be insured in the amount of the contract price for
such improvements. Owner and Contractor waive all rights
against each other for damages caused by fire or other
perils to the extent covered by Builders Risk Insurance
required under this section, except as to such rights as
they may have in the proceeds of such insurance.
Contractors shall require similar waivers by
Subcontractors and Sub - subcontractors.
I e. Owner and Contractor's Protective Policy. 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, and Owner's a
Contractor's Protective Policy which co- insures the Owner
' and the Owner's agents and employees with the same
Commercial General Liability coverage as described above,
entitled "Commercial General Liability Insurance ".
' When offsite storage is permitted, policy will be endorsed for
transit and off site storage in amounts sufficient to protect
property being transported or stored.
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Statutory Workers' Compensation and minimum $100,000
Employers Liability Insurance.
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1 This insurance shall include, as insured, City of Round Rock,
Contractor, Subcontractors and Sub - subcontractors in the work,
I as their respective interest may appear.
If insurance policies are not written for amount specified in
b. and c. above, Contractor is required to carry an Excess
I Liability Insurance Policy for any difference in amounts
specified.
' Contractor shall be responsible for deductibles and self
insured retentions, if any, stated in policies. Any self
insured retention shall not exceed ten percent of minimum
I required limits. All destibles or self insured retentions
shall be disclosed on Certificate of Insurance required above.
Contractor shall not commence work at site under this Contract
I until he has obtained required insurance and until such
insurance has been reviewed by Owner's Contract Administration
Office. Contractor shall not allow any Subcontractors to
▪ commence work until insurance required has been obtained and
II approved. Approval of insurance of Owner shall not relieve or
decrease liability of Contractor hereunder.
' Insurance to be written by a company licensed to do business
in the State of Texas at the time policy is issued and
acceptable to owner.
I Contractor shall produce an endorsement to each effected
policy:
1. Naming City of Round Rock, 221 East Main Street, Round
Rock, Texas 78664 as additional insured (except Worker's
Compensation and Builders Risk).
I 2. That obligates the insurance company to notify Joanne
Land, City Secretary, City of Round Rock, 221 East Main
' Street, Round Rock, Texas 78664 of any and all changes to
policy 30 days prior to change.
I 3. That the "other" insurance clause shall not apply to Owner
where City of Round Rock is an additional insured shown on
policy. It is intended that policies required in this
agreement, covering both Owner and Contractor, shall be
considered primary coverage as applicable.
Contractor shall not cause any insurance to be canceled nor
▪ permit any insurance to lapse during term of this contract or
▪ as required in the Contract.
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I If Contractor is underwritten on a claim -made basis, the
retroactive date shall be prior to, or coincident with, the
date of this Contract and the Certificate of Insurance shall
I state that coverage is claims made and also the retroactive
date. Contractor shall maintain coverage for duration of this
Contract and for two years following completion of this
I Contract.
Contractor shall provide the City annually a Certificate of
Insurance as evidence of such insurance. It is further agreed
I that Contractor shall provide Owner a 30 day notice of
aggregate erosion, in advance of the retroactive date,
cancellation and /or renewal.
It is also agreed that Contractor will invoke the tail option
at request of Owner and the Extended Reporting Period (ERP)
premium shall be paid by Contractor.
' Owner reserves the right to review insurance requirements of
this section during effective period of the Contract and to
I make reasonable adjustments to insurance coverage and their
▪ limits when deemed necessary and prudent by Owner based upon
changes in statutory law, court decisions or the claims
I history of the industry . as well as Contractor.
▪ Owner shall be entitled, upon request, and without expense, to
receive copies of policies and all endorsements thereto and
I may make any reasonable requests for deletion or revision or
modification of particular policy terms conditions,
limitations or exclusions, except where policy provisions are
I established by law or regulation binding upon either of the
parties hereto or the underwriter on any of such policies.
Actual losses not covered by insurance as required by this
' section shall be paid by Contractor.
49. MAINTENANCE BOND
1 It is further agreed by the parties to this contract that the
Contractor will execute a Maintenance Bond in the sum of 10% of
I the total contract price in standard form for this purpose
assuring the guarantees required. (Item 46)
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SECTION 00800 - SPECIAL CONDITIONS OF THE AGREEMENT
1. LANDS FOR WORK.
Owner provides, as indicated on Plans, land upon which work is to
be done, right -of -way for access to same and such other lands
which are designed for use of Contractor. Contractor provides,
at his expense and without liability of Owner, any additional
land and access thereto that may be required for his construction
operations, temporary construction facilities, or for storage of
materials.
2. INTERRUPTION OF UTILITY SERVICES.
The Contractor shall operate no valve or other control on
existing systems. Exercise care in performing work so as not to
interrupt service. Locate and uncover existing utilities ahead
of heavy excavation equipment. At house connections, either lift
trenching machine ovdr lines or cut and reconnect with minimum
interruption of service as approved by Engineer.
3. SUB- SURFACE EXPLORATION.
It is not represented that Plans show all existing storm sewer,
sanitary sewer, water, gas, telephone, and electrical facilities,
and other underground.tstructures. Determine location of these
installations in way of construction by referring to available
records, consulting appropriate municipal departments and utility
owners, and by making necessary exploration and excavations.
4. DEVIATIONS OCCASIONED BY UTILITY STRUCTURES.
Whenever existing utilities, not indicated on Plans, present
obstructions to grade and alignment of pipe, immediately notify
Engineer, who without delay, will determine whenever existing
improvements are to be relocated, or grade and alignment of pipe
changed. Where necessary to move services, poles, guy wires,
pipelines, or other obstructions, make arrangements with owners
of utilities. Owner will not be liable for damages on account of
delays due to changes made by Owners of privately owned utilities
which hinder progress of work.
5. CONSTRUCTION INSPECTION
The City of Round Rock shall provide and inspector to review the
quality of material and workmanship.
6. NOTIFICATION TO CITY OF ROUND ROCK.
The Contractor shall advise the City of his work schedule in
order for the City to schedule and provide inspection. The
Contractor shall coordinate with the City when the water is
turned on and off to test the water lines or for other uses of
water and shall pay for water as required.
00800 - 1/2
7. UTILITY SERVICES FOR CONSTRUCTION AND TESTING
The contractor will be responsible for providing utility services
during construction. No additional payment will be made for this
item.
8. COORDINATION WITH UTILITY COMPANIES
The contractor shall be responsible for contacting the
appropriate utility company when working in the vicinity of its
facilities to ensure safety and guard against damage. The
contractor is specifically put on notice with regard to the
telephone facilities which will be encountered during
construction. The telephone number for Southwestern Bell
Telephone is 512- 870 -5512.
9. LONE STAR GAS COORDINATION
Lone Star Gas company has agreed to relocate the three inch gas
line as shown on the plans. The contractor shall provide the bore
for the line prior td` the bore for the water line at the same
location. The bore for the gas line shall be made prior to the
construction of the water line and allow adequate time for Lone
Star gas to make their instillation. The contractor shall
coordinate with Lone Star Gas for the timely execution of this
activity. The telephone number for Lone Star Gas is 512- 244 -3652.
10. WATER SERVICE LINES
The location and installation of the water service lines shall be
coordinated with the property owners. The location shall be done
is a location which will not damage trees of other improvements
in the yards. The existing meters shall be salvaged and
reinstalled for the customer they now serve.
11. IRRIGATION SYSTEM
The irrigation system in the vicinity of Station 25 +50 to 27 +50
shall be located and protected by the Contractor. The system
shall be operational to the satisfaction of the home owner when
the project is complete and before acceptance by the City of
Round Rock. The cost shall be subsidiary to the cost of the water
line.
00800 2/2
DIVISION 1
GENERAL REQUIREMENTS
I SECTION 01005 - ADMINISTRATIVE PROVISIONS
' PART 1 - GENERAL
1.01 REQUIREMENTS INCLUDED
1 A. Name and Location of Project
B. Description of Work
C. Basis of Payment
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D. Work by Others
E. Work Sequence
F. Contractor's Use of Premises
G. Alternates
H. Applications for Payment
I. Coordination
J. Lines and Grades •
K. Reference Standards
L. Technical Specifications
M. Special Provisions
1 1.02 NAME AND LOCATION OF PROJECT
A. Work covered by these Contract Documents is entitled
1 "Construction of 8 - inch Water Line on Taylor Avenue (U.S. 79)
Project No. 0001- 89 -01, Contract No. 1." Site of work is in Round
Rock, Williamson County, Texas.
' 1.03
A.
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DESCRIPTION OF WORK
Under this Contract, Contractor will furnish all materials,
appliances, tools, equipment, transportation services, and all
labor and superintendence necessary for the construction of the
work as described in the Technical Specifications, and as
shown on the Plans. The completed installation will not lack
01005 - 1/7
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B.
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1.04 BASIS OF PAYMENT
A. All work outlined in Paragraph B. above and shown on Plans is
included in the Pay Items listed in Attachment No. 1 to Section
00300 - Bid. These prices will be basis of payment.
1.05 WORK BY OTHERS
A. See Paragraph 9. Collateral Contracts, of Section 00700 -
General Condition of the Agreement.
' B. Other construction may be underway concurrently in this area.
Afford utility companies and other contractors reasonable
opportunity for introduction and storage of their materials and
execution of their work. All work under this Contract must be
properly connected and coordinated with that constructed by
others.
1.06 WORK SEQUENCE
I A. See Paragraph 17. Time and Order of Completion of Section 00700
General Conditions:of the Agreement.
B. Owner reserves the right to schedule sequence of construction;
that is, which portion of the facilities will be constructed
first.
1 1.07 CONTRACTOR USE OF PREMISES
A. See Paragraph 32. Contractor's Building of Section 00700
I General Conditions-of the Agreement.
B. Limit use of premises for work and for construction operations,
to allow for Owner occupancy, work by other Contractors, and
public access as required.
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any part which can be reasonably implied as necessary to its
proper functioning or any subsidiary item which is customarily
furnished, and the Contractor will deliver the installation to
the Owner in operating condition.
Work, in general, under this Contract consists of furnishing
all labor and materials for rehabilitation of the water
facilities as shown on the Plans in Division 3; and, related
appurtenances of type and quantities, to grades and lines as
indicated on Plans, making restorations and cleaning up project.
01005 - 2/7
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C. Limit access to site from public streets.
D. Coordinate use of premises under direction of Engineer.
1.08 ALTERNATES
1 A. Proposed by Owner
1. Alternates quoted on Bid Forms will be exercised as Owner
1 option. Accepted alternates will be listed in Owner -
Contractor Agreement.
I 2. Coordinate related work and modify surrounding work affected
by accepted alternates as required to complete the Work.
I 3. Schedule of Alternates:
a. Alternate No. 1: (NONE )
b. Alternate No. 1: (____NONE )
I B. Proposed by Contractor
I 1. If alternate design features are proposed for convenience of
Contractor, he must do so with his Bid. Submit design
calculations and detail drawings covering proposed changes
and related modifications of Contract Plans to Engineer for
review. Make drawings same size as Contract Plans and of
comparable quality. Make payment of charges resulting from
modifications,,�including engineering charges for checking
1 such designs.
2. No alternates will be considered during construction unless
requested by Engineer.
1.09 APPLICATIONS FOR PAYMENT
A. See Paragraph 21. Partial Payment of Section 00700 - General
Conditions of the Agreement.
I B. On or before the 10th day of each month, the Contractor will
submit to the Engineer his request for payment in three copies
using the form furnished by the Engineer.
1 C. Within five (5) working days of receipt of the Request for
Payment, the Engineer shall prepare a statement showing as
completely as practicable the total value of the work done by the
1 01005 - 3/7
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D.
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B.
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D.
E.
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Contractor to and including the last day of the preceding month.
Said statement shall state the value of all sound materials
delivered on the site that are to be fabricated into the works,
if included in Contractor's payment request.
The Owner shall pay the Contractor the total amount of the
Engineer's statement, less the retainage set forth in Paragraph
21. Partial Payments of Section 00700 General Conditions of the
Agreements within thirty days.
1.10 COORDINATION
Coordinate work of the various Sections of Specifications to
assure efficient and orderly sequence of installation of
construction elements, with provisions for accommodating items
installed later.
Verify characteristics of elements of interrelated operating
equipment are compatible; coordinate work of various Sections
having interdependent responsibilities for installing, connecting
to, and placing in service, such equipment.
Coordinate space requirements and installation of mechanical and
electrical work which are indicated diagramatically on Plans.
Follow routing shown for pipes, ducts, and conduits, as closely
as practicable; make runs parallel with lines of building.
Utilize spaces efficiently to maximize accessibility for other
installations, for maintenance, and for repairs.
In finished areas (except as otherwise shown,) conceal pipes,
ducts, and wiring in the construction. Coordinate locations of
fixtures and outlets with finished elements.
Execute cutting and patching to integrate elements of work,
uncover ill- timed,.defective, and non - conforming work, provide
openings for penetrations of existing surfaces, and provide
samples for testing. Seal penetrations through floors, walls,
and ceilings.
1 1.11 LINES AND GRADES
A. From benchmarks and horizontal control references established by
' Engineer, stake out work, establish elevations and assume
responsibility for correctness of installation as to location and
grade. Engineer will establish benchmarks and references for
horizontal control on various projects as follows:
1. One Structure at Site. Benchmark and reference hubs at two
corners of structure.
2. Two or More Structures. Benchmark and base line at site.
01005 - 4/7
3. Sewer Lines. Benchmarks at intervals not exceeding 2000
feet and reference hubs at manholes and inlets and on line
at intervals not exceeding 200 feet.
4. Water Lines. Reference hubs and bench marks as shown on
the plans.
5. Pavements and Ditches. Reference hubs on center line or one
right -of -way line at the P.C., P.I. and P.T. of curves and
on tangents at intervals not exceeding 200 feet. Benchmarks
at intervals not exceeding 2000 feet.
6. Engineer will set stakes one time only. Contractor must
satisfy himself, before commencing work, as to meaning or
correctness of all stakes or marks, and no claim will be
entertained for or on account of any alleged inaccuracies,
or for alterations subsequently rendered necessary on
account of such alleged inaccuracies, unless Contractor
notifies Engineer in writing before commencing to work
thereon.
7. Contractor is to protect stakes, benchmarks, and all control
points and wi.11 pay all costs involved in any restaking.
Stakes, as described above, will be furnished when required
by Contractor within two working days after notification to
Engineer by Contractor. Contractor will have a
representative on the job site with the field party, when it
begins work.
B. Contractor must provide any additional staking, including
that required for clearing and grubbing, at his own expense.
1.12 REFERENCE STANDARDS
A. Reference to technical society, organization, or body is made in
Technical Specifications (Division 2) in accordance with
following abbreviations:
AASHTO American Association of State Highway and
Transportation Officials (Formerly AASHO)
ACI American Concrete Institute
ASA American Standards Associations (Presently ANSI)
ASTM American Society for Testing and Materials
AWWA American Waterworks Association
FS Federal Specifications
PCA Portland Cement Association
AIEE American Institute of Electrical Engineers
AISI American Iron and Steel Institute
API American Petroleum Institute
01005 - 5/7
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IPCEA Insulated Power Cable Engineers Association
NEMA National Electrical Manufacturers Association
AWS American Welding Society
AISC American Institute of Steel Construction
ANSI American National Standards Institute
(Formerly ASA)
B. For products specified by association or trade standards, comply
with requirements of the standard, except when more rigid
requirements are specified or are required by applicable codes.
C The date of the standard is that in effect as of the Bid date, or
date of Owner - Contractor Agreement when there are no bids, except
when a specific date is specified.
D. Obtain copies of standards and maintain copies of same at the job
site during progress of the specific work.
1.13 TECHNICAL SPECIFICATIONS (DIVISION 2)
A. Technical Specifications are of the abbreviated, simplified, or
streamlined type and include incomplete sentences. The omission
of words or phrases such as "Contractor will," in conformity
therewith," "will be," "as noted on Plans," "according to Plans,"
"a," "an," "the," and "all," are intentional. Omitted words or
phrases shall be supplied by inference in same manner as they are
when a "note" occurs on Plans.
B. The Technical Specifications are interpreted to require that
Contractor will provide all items, articles, materials, operation
or methods listed,'mentioned or scheduled either on Plans or
specified herein, or both including all labor, materials,
equipment, and incidentals necessary and required for their
completion.
C. Whenever the words' "approved," "satisfactory," "designated,"
"submitted," "observed," or similar words or phrases are used,
will be assumed that the word "Engineer" follows the verb as the
object of the clause, such as "approved by Engineer."
D. Some of the Technical Specification covers construction
requirements and materials in a comprehensive manner, and only
pertinent portions apply.
1.14 SPECIAL PROVISIONS
A. Basic Technical Specification Sections which follow describe
general requirements. When necessary, Special Provisions are
inserted to describe additional requirements applicable to this
Contract. Special Provisions are to be used in conjunction with
basic Technical Specification Sections. In event of conflict
01005 - 6/7
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between requirements of the Special Provisions and the basic
Technical Specification Sections, the requirements as set forth
in the Special Provisions will govern.
PART 2 - PRODUCTS (NOT USED)
PART 3 - EXECUTION (NOT USED)
END OF SECTION - 01005 - 7/7
SECTION 01200 - PROJECT MEETINGS
PART 1 - GENERAL
i1 1.01 REQUIREMENTS INCLUDED
, A. Contractor participation in preconstruction conference.
B. Contractor administration of progress meetings.
i1 1.02 PRECONSTRUCTION CONFERENCES.
A. Engineer will administer preconstruction conference after
execution of Owner- Contractor Agreement and exchange of
preliminary submittals.
' B. Engineer will administer site mobilization conference at
Project site for clarification of Contractor responsibilities in
use of site and for review of administrative procedures.
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1.03 PROGRESS MEETINGS
A. Schedule and administer Project meetings throughout
progress of the work at,monthly intervals, called meetings, and
preinstallation conferences.
B. Make physical arrangements for meetings, prepare agenda
with copies for participants, preside at meetings, record
minutes, and distribute copies within two days to Engineer,
participants, and those affected by decisions made at meetings.
C. Attendance: Job superintendent, major subcontractors,
suppliers Owner's Representative /Inspector and Engineer as
appropriate
to agenda topics each meeting.
D. Suggested Agenda: Review of work progress, status of
progress schedule and adjustments thereto, delivery schedules,
submittals, maintenance of quality standards, pending changes and
substitutions, and other items affecting progress of work.
PART 2 - PRODUCTS (NOT USED)
PART 3 - EXECUTION (NOT USED)
END OF SECTION
01200 - 1/1
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SECTION 01300 - SUBMITTALS
PART I - GENERAL
1.01 REQUIREMENTS INCLUDED
A. Procedures.
B. Construction Progress Schedules.
C. Cost Breakdown.
D. Shop Drawings and Product Data.
E. Test Reports.
F. Manufacturer's Instructions.
G. Manufacturer's Certificates.
H. Operation and Maintenance Manuals
I. As- Builts.
1.02 PROCEDURES
A. Deliver submittals to Engineer.
B. Transmit each item under letter of transmittal. Identify
Project, Contractor, subcontractor, major supplier; identify
pertinent plan sheet and detail, and Specification Section
number, as appropriate. Identify deviations from Contract
Documents.
C. Submit initial Construction Schedules and Cost Breakdown in
duplicate within'fifteen days after date established in Notice
of Award. After review by Engineer revise and resubmit as
required. Submit revised schedules with each Application for
Payment, reflecting changes since previous submittal.
D. Comply with progress schedule for submittals related to work
progress. Coordinate submittal of related items.
E. After Engineer review of submittal, revise and resubmit as
required, identifying changes made since previous submittal.
F.. Distribute copies of reviewed submittals to concerned persons.
Instruct recipients to promptly report any inability to comply
with provisions.
01300 - 1/4
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1.03 CONSTRUCTION PROGRESS SCHEDULES
A. Submit horizontal bar chart with separate bar for each major
trade or operation, identifying first work day of each week.
Submit network analysis system using the critical path method,
generally as outlined in Associated General Contractors of
America (AGC) publication The Use of tPM in Construction - A
Manual for General Contractors ".
B. Show complete sequence of construction by activity, identifying
work of separate stages and other logically grouped activities.
Show projected percentage of completion for each item of work
as of time of each Application for Partial Payment.
C. Show submittal dates required for shop drawings, product data,
and samples, and product delivery dates, including those
furnished by Owner.
1.04 COST BREAKDOWN
* * * * * * ** COR] * * * * * * **
A. Submit, in acceptable form, schedule showing subdivision of
Contract into various items of permanent construction, stating
quantities and prices, as basis for computing value to Owner of
permanent usable parts of facility to be paid for on monthly
estimates. No payment will be made to Contractor until such
schedule has been submitted and approved.
B. Use format as shown in Section 00300 -Bid. Subdivide all Lump
Sum items into their logical major components.
C. For Unit Cost items, give quantities shown in Section 00300,
multiplied by the Unit Cost Bid to equal the Total Cost for the
item
D. Include in each line a directly proportional amount of
Contractor's overhead and profit.
E. Revise schedule to list change orders for each application for
payment.
1.05 SHOP DRAWINGS AND PRODUCT DATA
A. Prepare and submit shop drawings as required and described by
the individual Technical Specification Section and as
indicated by the Plans.
01300 - 2/4
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B. Submit drawings and data and sufficient number of copies for
the Engineer and Contractor to retain two each in addition to
whatever other needs the Contractor has. Contractor will
maintain one complete set of these submittals at the job site
at all times.
C. Contractor will check and approve shop drawings for compliance
with requirements of Contract and will so certify by stamp on
each drawing prior to submittal to Engineer. Any drawings
submitted without Contractor's stamp of approval will not be
considered and will be returned to him for proper submission.
D. Engineer shall pass upon drawings submitted promptly, noting
necessary corrections or revisions. If Engineer rejects
drawings, resubmit corrected drawings until drawings are
acceptable to Engineer as being in conformance with design
concept of project and for compliance with information given in
the Contract Documents. Such procedure will not be considered
cause for delay. Acceptance of drawings by Engineer does not
relieve Contractor of any requirements of terms of Contract.
1.06 TEST REPORTS
A. Contractor will submit to Engineer not less than three copies
of all tests required by the Technical Specification Section.
1.07 MANUFACTURER'S INSTRUCTIONS
A. When required in ,individual Specification Section, submit
manufacturer's printed instructions for delivery, storage,
assembly, installation start -up, adjusting, and finishing, in
quantities specified for product data.
1.08 MANUFACTURER'S CERTIFICATES
A. When required in individual Specification Section, submit
manufacturer's certifications in quantities for test report.
1.09 OPERATION AND MAINTENANCE DATA
A. Prepare Operation and Maintenance Data as required by
individual Specification Section and arrange according to
Section 01700.
B. Submit two copies of the Manual to the Engineer for review at
least ten working days prior to Notice of Completion.
1.10 AS- BUILTS
A. Prepare as -built drawings as required by Section 01700.
01300 - 3/4
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B. Submit as- builts to Engineer for review at least ten working
j' days prior to Notice of Completion.
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PART 2 •- PRODUCTS (NOT USED)
1 PART 3 - EXECUTION (NOT USED)
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1 END OF SECTION
01300 - 4/4
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SECTION 01400 - QUALITY CONTROL
PART 1 - GENERAL
1.01 REQUIREMENTS INCLUDED
A. General Quality Control.
B. Workmanship.
C. Manufacturer's Instructions.
D. Manufacturer's Certificates.
E. Manufacturer's Field Services.
F. Testing Laboratory Services.
1.02 QUALITY CONTROL, GENERAL
A. Maintain quality control over suppliers, manufacturers, products,
services, site conditions, and workmanship, to produce work of
specified quality.
1.03 WORKMANSHIP
A. Comply with industry standards except when more restrictive
tolerances or specified requirements indicated more rigid
standards or more precise workmanship.
B. Perform work by persons qualified to produce workmanship of
specified quality.
C. Secure products in place with positive anchorage devices designed
and sized to withstand stresses, vibration, and racking.
1.04 MANUFACTURER'S INSTRUCTION
A. Comply with instructions in full detail, including each step• in
sequence. Should instructions conflict with Contract Documents,
request clarification from Engineer before proceeding.
1.05 MANUFACTURER'S CERTIFICATES
A. When required by individual Specifications Section, submit
manufacturer's certificate, in duplicate, that products meet or
exceed specified requirements.
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01400 - 1/2
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1.06 MANUFACTURER'S FIELD SERVICES
A. When specified in respective Specification Sections, require
supplier /manufacturer to provide qualified personnel to observe
field conditions, conditions of surfaces and installation,
quality of workmanship, start -up of equipment, test, adjust and
balance of equipment and placement of the completed installation
into operation as applicable, and to make appropriate
recommendations.
B. Representative will submit written report to Engineer listing
observations and recommendations.
1.07 TESTING LABORATORY SERVICES
A. Owner provides first tests of materials unless otherwise
specified. Subsequent tests at Contractor's expense. Notify
Engineer prior to manufacture of fabrication of items so that
observation may be accomplished and furnish field samples of
materials to Engineer for testing.
B. Testing services will be performed in accordance with
requirements of governing authorities and with specified
standards.
Reports will be submitted to Engineer in triplicate giving
observations and results of tests, indicating compliance or
non - compliance with specified standards and with Contract
Documents.
D. Contractor will cooperate with Testing Laboratory personnel;
furnish tools, samples of materials, design mix, equipment,
storage and assistance as requested.
1. Notify Engineer and Testing Laboratory two working days prior
to expected time for operations requiring testing services.
2. Make arrangements with Testing Laboratory and pay for
additional samples and tests for Contractor's convenience.
PART 2 - PRODUCTS (NOT USED)
PART 3 - EXECUTION (NOT USED)
9
END OF SECTION
01400 - 2/2
II SECTION 01500 - CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
PART 1 - GENERAL
I 1.01 REQUIREMENTS INCLUDED
A. Utility Services for Construction
B. Sanitary Facilities
C. Barriers
D. Enclosures of Buildings
E. Protection of Installed Work
F. Security
G. Drainage
H. Cleaning During Construction
I. Field Offices and Sheds
7. Removal
' K. Use of Streets
1.02 UTILITY SERVICES FOR CONSTRUCTION
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1 1.03 SANITARY FACILITIES
A. Contractor will provide sanitary facilities as described in
paragraph 31. Sanitation of Section 00700 General Conditions of
the Agreement.
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I 1.04 BARRIERS
A. Provide as required to prevent public entry to construction
areas, to provide for Owner's use of site, and to protect
existing facilities and adjacent properties from damage from
construction operations.
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A. Contractor will provide all utilities necessary for
construction at no additional cost to Owner, unless otherwise
noted.
B. Where construction creates hazard to traffic or public safety,
furnish and maintain suitable barricades, warning signs, and
lights. Remove same when no longer necessary.
01500 - 1/4
C. Provide barriers around trees and plants designated to remain.
Protect against vehicular traffic, vehicular exhaust
stored materials, dumping, chemically injurious materials, and
puddling or continuous running water.
1.05 ENCLOSURE OF BUILDINGS
A. Provide temporary weather -tight closures of openings in
exterior surfaces to provide acceptable working conditions and
protection for materials, to allow for temporary heating, and
3 to prevent entry of unauthorized persons. Provide doors with
self - closing hardware and locks.
B. Provide temporary roofing, as required.
C. Provide temporary interior partitioning, as required, to
protect installed equipment or materials.
1.06 PROTECTION OF INSTALLED WORK
A. Provide temporary protection for installed products. Control
traffic in immediate area to minimize damage.
B. Provide protective coverings at walls, projections, jambs,
sills, and soffits of openings. Protect finished floors and
stairs from traffic, movement of heavy objects, and stbrage.
1.07 SECURITY
A. Provide security program and facilities to protect work,
existing facilities, and Owner's operations from unauthorized
entry, vandalism, and theft.
1.08 DRAINAGE
A. Grade site to drain. Maintain excavations free of water.
Provide and operate pumping equipment, as required.'
1.09 CLEANING DURING CONSTRUCTION
A. Control accumulation of waste materials and rubbish;
periodically dispose of off -site.
B. Clean interior areas prior to start of finish work, maintain
areas free of dust and other contaminants during finishing
operations as required.
C. Maintain site of work during construction to keep them
reasonably neat and free of trash, rubbish, and other debris.
01500 - 2/4
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In clean -up operations, remove from sites of work and from
public and private property, temporary structures, rubbish, and
waste materials. Dispose of excavated materials beyond that
needed to bring site to elevations shown. During final clean-
up, any road constructed by Contractor for access to
construction site to be leveled and ruts filled so that natural
surface drainage is not hindered and areas are restored to
condition prior to construction.
1.10 FIELD OFFICES AND SHEDS
}
A. Office: Weather - tight, with lighting, electrical outlets,
heating, cooling, and ventilating equipment, and equipped with
furniture. Provide, in addition, space for Project meetings,
with table and chairs as required.
B. Storage Sheds for Tools, Materials, and Equipment: Weather -
tight, with heat and ventilation, for Products requiring
controlled conditions, with adequate space for organized
storage and access, and lighting for inspection of stored
materials, as required.
1.11 REMOVAL
A. Remove temporary materials, equipment, services, and
construction prior to Substantial Completion inspection.
B. Clean and repair damage caused by installation or use of
temporary facilities. Remove underground installations. Grade
site as indicated. Restore existing facilities used during
construction to specified, or to original condition.
1.12 USE OF STREETS
A. Remove, as soon :as practicable, accumulated rubbish and open
each block for public use. Use of any portion of street will
not constitute acceptance of any portion of work. Backfill and
shape trenches across street intersections or driveways for
safe traffic at night, or where permitted, span open trenches
with wooden mats or bridges to permit traffic flow. When
driveways are cut, immediate placement of mats for ingress or
egress of vehicles may be directed if undue hardship to
property owner should otherwise result.
B. Except where approved otherwise, do not hinder or inconven-
ience travel on streets or intersecting alleys for more than
two blocks at any one time. Whenever street is closed, place
properly worded sign announcing fact to public, with proper
barricades at nearest street corners, on both sides of
obstruction. Leave no street or driveway blocked at night.
C. When street is closed, notify Fire Department and Police
Department.
01500 - 3/4
D. Do not block ditches, inlets, fire hydrants, etc., and where
necessary, provide temporary drainage.
PART 2 - PRODUCTS (NOT USED)
11 PART 3 - EXECUTION (NOT USED)
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END OF SECTION
01500 - 4/4
SECTION 01600 - MATERIALS AND EQUIPMENT
PART 1 - GENERAL
1.01 REQUIREMENTS INCLUDED
A. Products
B. Transportation and Handling
C. Storage and Protection
D. Product Options
E. Substitutions
F. Variations Due to Equipment
G. Systems Demonstration
1.02 GENERAL
A. Incorporate into work only new materials and equipment of
domestic manufacture unless otherwise designated. Store these
materials and equipment in manner to protect them from damages.
Manner of protection subject to specific approval of Engineer.
Pipe, fittings, equipment, and other serviceable materials found
in site of work, or dismantled by reason of construction, remain
property of Owner. Remove and deliver materials to Owner to
designated points. Pay for usable materials that are damaged
through negligence at prevailing market price.
1.03 PRODUCTS
A. Products include material, equipment, and systems.
B. Comply with Specifications and referenced standards as minimum
requirements.
C. Components- required to be supplied in quantity within a
Specification section will be the same, and will be
interchangeable.
D. Do not use materials and equipment removed from existing
structure, except as specifically required, or allowed, by
Contract Documents.
1.04 TRANSPORTATION AND HANDLING
A. Transport products by methods to avoid product damage; deliver in
undamaged condition in manufacturer's unopened containers or
packaging, dry.
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B. Provide equipment and personnel to handle products by methods to
prevent soiling or damage.
C. Promptly inspect shipments to assure that products complly with
requirements, quantities are correct, and products are undamaged.
1.05 STORAGE AND PROTECTION
A. Store products in accordance with manufacturer's instructions,
with seals and labels intact and legible. Store sensitive
products in weather -tight enclosures; maintain within temperature
and humidity ranges required by manufacturer's instructions.
B. For exterior storage of fabricated products, place on sloped
supports above ground. Cover products subject to deterioration
with impervious sheet covering; provide ventilation to avoid
condensation.
C. Store loose granular materials on solid surfaces in a
well- drained area; prevent mixing with foreign matter.
D. Arrange storage to provide access for inspection. Periodically
inspect to assure products are undamaged, and are maintained
under required conditions.
1.06 PRODUCT OPTIONS
A. Products Specified by Reference Standards or by Description Only:
Any product meeting those standards.
B. Products Specified by Naming One or More Manufacturers with a
Provision of Substitutions: Submit a request for substitution
for any manufacturer not specifically named by use of Attachment
No. 3 to Section 00300 -Bid.
1.07 VARIATIONS DUE TO EQUIPMENT
A. Foundations, structural supports, electrical work, and piping
shown on Plans for items of equipment may be changed if necessary
to accommodate equipment furnished. Every effort has been made
to design foundations, structural supports, electrical work, and
piping so that no changes will be necessary; however, exact
dimensions and size of subject foundations and structural
supports and exact electrical and piping installations cannot be
finally determined until various items of equipment are purchased
and manufacturer's certified shop drawings are secured. Make
required changes, after prior consultation with Engineer, at no
cost to Owner.
11
01600 - 2/3
1.08 SYSTEMS DEMONSTRATION
A. Prior to final inspection, demonstrate operation of each system,
to Engineer and Owner.
B. Instruct Owner's Personnel in operation, adjustment, and
maintenance of equipment and systems, using the operation maintenance
data as the basis of instruction.
PART 2 - PRODUCTS (NOT USED)
PART 3 - EXECUTION (NOT USED)
12
END OF SECTION
01600 - 3/3
SECTION 01700 - CONTRACT CLOSEOUT
PART 1 - GENERAL
1.01 REQUIREMENTS INCLUDED
A. Closeout Procedures.
B. Final Cleaning.
C. As- Built.
D. Operation and Maintenance Data.
E. Warranties and Bonds.
F. Spare Parts and Maintenance Materials.
1.02 CLOSEOUT PROCEDURES
A. Comply with procedures stated in Section 00700 General Conditions
of the Agreement for issuance of Certificate of Completion.
1/88
B. When Contractor considers work has reached final completion,
submit wriA-ten certification that Contract Documents have been
reviewed, work has been inspected, and that work is complete in
accordance with Contract Documents and ready for Engineer's
inspection.
C. In addition to submittals required by the conditions of the
Contract, provide submittals required by governing authorities,
and submit a final statement of accounting giving total adjusted
Contract Sum, previous payments and sum remaining due.
D. Engineer will issue a final Change Order reflecting approved
adjustments to Contract Sum not previously made by Change Order.
1.03 FINAL CLEANING
A. Execute prior to final inspection.
B. Clean interior and exterior surfaces exposed to view; remove
temporary labels, stains and foreign substances, polish
transparent and glossy surfaces, vacuum carpeted and soft
surfaces. Clean equipment and fixtures to a sanitary condition,
clean or replace filters of mechanical equipment. Clean roofs,
gutters, downspouts, and drainage systems.
C. Clean site, sweep paved areas, rake clean other surfaces.
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01700 - 1/3
1.04 AS- GUILTS.
A. Contractor will make daily measurements of facilities constructed
and keep accurate records of location (horizontal and vertical)
of all facilities. On completion of job, Contractor to furnish
Owner with one set of direct prints, marked to show as -build
dimensions and elevations of all work constructed.
B. At Contract closeout, submit documents with transmittal letter
containing data, Project title, Contractor's name and address,
list of documents, and signature of Contractor.
1.05 OPERATION AND MAINTENANCE DATA
A. Submit two sets prior to final inspection, bound in 2-1/2 x 11
inch (216 x 279 mm) three -ring side binders with durable plastic
covers.
B. Part 1: Directory, listing names, addresses, and telephone
numbers of Engineer and Contractor.
C. Part 2: Operation and maintenance instructions, arranged by
Specification Division. For each Specification Division, give
names, addresses, and telephone numbers of subcontractors and
suppliers.
1. List:
a. Appropriate design criteria.
b. List of equipment.
c. Parts list.
d. Operating instructions.
e. Maintenance instructions, equipment.
f. Maintenance instructions, finishes.
g. Shop drawings and product data.
h. Warranties.
1.06 WARRANTIES AND BONDS
A. Provide duplicate, notarized copies. Execute Contractor's
submittals and assemble documents executed by subcontractors,
suppliers, and manufacturers. Proved table of contents and
assemble in binder with durable plastic cover.
B. Submit material prior to final application for payment. For
equipment put into use with Owner's Permission during
construction, submit within 10 days after first operation. For
items of work delayed materially beyond Date of Completion,
provided updated submittal within ten days after acceptance,
listing date of acceptance as start of warranty period.
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01700 - 2/3
1.07 SPARE PARTS AND MAINTENANCE MATERIALS
A. Provide products, space parts, and maintenance materials in
quantities specified in each Section, in addition to that used for
construction of work. Coordinate with Owner, deliver to Project site
and obtain receipt prior to final payment.
PART 2 - PRODUCTS (NOT USED)
PART 3 - EXECUTION (NOT USED)
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END OF SECTION
01700 - 3/3
DIVISION 2
TECHNICAL SPECIFICATIONS
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DIVISION 2 - TECHNICAL SPECIFICATIONS
1.0 - SPECIFICATIONS
The current City of Austin Standard Specifications are incorporated
into this project by reference and they shall be applied to this
project except as modified in these specifications and on the
plans. Whenever the term "City of Austin" is used in the Austin
specifications, it shall be construed to mean the City of Round
Rock.
2.0 WATER
a. Water mains shall be PVC CL 200 as specified in AWWA C 900.
b. Valves shall be Muller iron -body gate valves conforming to
AWWA Specification C -500.
c. Service line material shall be type "K" copper tubing or class
250 Polybutylene tubing conforming to ASTM D2662, DR 9 with
brass fittings conforming to AWWA C- 800 -66.
d. Fire hydrants shall be 3 -way Muller, improved AWWA type with
pump nozzle for 4 -1/2" fire hose. A 6" gate valve and valve box
shall be provided for each fire hydrant.
e. Compact trench backfill to obtain 95% of maximum density in
accordance with Texas Department of Highways and Public
Transportation Method TEX- 113 -E. Density of backfill shall be
tested by an independent laboratory. Such testing will be as
directed by the City of Round Rock inspector. The testing will be
paid for by the City and an authorized representaeive of the City
shall be present when such test are made.
f. All testing of pipe shall be done under the supervision of the
City, and the contractor shall perform tests as are required and
furnish all equipment and material.
g. The contractor shall perform the sterilization of the mains
under the supervision of the City and shall furnish all material
and equipment. The City will be responsible for bacteriological
testing.
h. The water mains shall be a minimum of three (3) feet below the
natural ground at the right -of -way line.
509.1 Description
Item No. 509
Trench Safety Systems
This item consists of designing, furnishing, installing, devatering,
maintaining and. removing safety systems for trench excavations as
determined by Contractor's Trench Safety Engineer and /or Contractor's
Competent Person(s). This includes special clearing, excavation and
backfilling for safety systems. At a minimum, this work shall conform to
United States Department of Labor Rules 29 CFR, Part 1926 (OSHA).
•509.2 Trench Safety System Plan Submittal
Prior to award of contract, Contractor shall submit to Owner a Trench
Safety System Plan sealed by_a Professional Engineer registered in the
State of Texas for inclusion into the contract. The Trench Safety System
Plan, at a minimum, shall conform to OSHA standards for sloping of sides,
utilization of trench boxes, and /or utilization of shoring, sheeting and
bracing methods. Contractor shall be responsible for obtaining the
necessary geotechnical information to design the Trench Safety System Plan;
however, if geotechnical information was obtained by.•Ovner for the design
of the improvements (normally taken at 500 foot intervals along the
proposed centerline to a depth not exceeding five feet below proposed
flowline), it shall be provided to Contractor for information purposes
subject to the provisions of Section 00220 Soil Investigation Data.
The Trench Safety System Plan submittal shall include:
( A plan or other designation of areas in which each type of system
is to be used, including length of trench to be opened, length of
time trench to remain opened, means of egress, storage of
materials, allowable loads on trench walls, methods for
filling /compacting bedding /backfill within the safety of the
system, removal of system and equipment restrictions.
•
(2) Drawings or manufacturer's data describing various elements of
Trench Safety System with sufficient detail for workers to
properly install Trench Safety System, as applicable.
(3) Recommendations and limitations for using systems.
(4) Sealed engineering calculations and /or equipment manufacturer's
certifications, as applicable, shoving that system is designed to
withstand anticipated loadings and can be fully installed in
designated space within the street right of way or easement
provided•by Owner.
(5) Certificate of Insurance of Trench Safety Engineer's Professional
Liability Insurance coverage written by a company acceptable to
Owner and authorized to do business in State of Texas at time
policy is issued. Contractor's Trench Safety Engineer shall carry
and maintain coverage with minimum limits of $500,000.
509 08/28/89 Page 1 Trench Safety Systems
509.3 Trench Safety System Plan Review
Review of the Trench Safety System Plan by Owner is only for general
conformance to OSHA standards and regulations. Owner's failure to note
exception(s) to the submittal does not 'relieve Contractor of any or all
responsibility or liability. for the Trench Safety System Plan. Contractor
remains solely and completely responsible for all trench safety systems and
for the means, methods, procedures, and materials therefor.
509.4 Construction Methods
Contractor's Competent Person(s) shall maintain a copy of and implement
OSHA trenching safety regulations at the vorksite. Trenching shall be
completed to lines and grades indicated or as specified in various
technical specification items requiring excavation and trenching and /or
backfilling. Contractor shall perform all trenching in a safe manner and
maintain safety systems to prevent death or injury to personnel or damage
to structures, utilities or property in or near excavation.
If evidence of 'possible cave -ins or slides is apparent or an installed
trench safety system is damaged, work in trench shall immediately cease and
personnel evacuated from hazardous area and Owner notified. Personnel
shall not re -enter excavation until necessary repairs or replacements are
completed, inspected and approved by Contractor's Competent Person(s).
Repair and replacement of damaged safety system shall be at Contractor's
sole expense.
509.5 Changed Conditions
Vhen changed conditions require modifications to the Trench Safety System,
Contractor shall provide a new design or an alternate Trench Safety System
designed by Contractor's Trench Safety Engineer adequate for conditions
encountered. A copy thereof shall be provided to Owner for inclusion into
the contract.
Changes to the Trench Safety System Plan initiated by Contractor for
operational efficiency or by changed conditions that could be reasonably
anticipated will not be cause for contract time extension or cost
adjustment thereof. Vhen changes to the Trench Safety System Plan are the
result of severe and uncharacteristic natural conditions or other
conditions totally out of the control of Contractor, Contractor may make a
written request to Owner for a Change Order to address said work.
Contractor shall notify Ovnel in vi i i ini, im edialel;. I no 1alri ilunn
hours, whenever changed conditions are encountered that Contractor may
claim for additional compensation. Only that work that Contractor deems
immediately necessary to protect the safety of workers and public,
equipment or materials may be accomplished until Contractor makes the
written request for a Change Order and Owner has a reasonable opportunity
to investigate and respond in writing to the request.
509 08/28/89 Page 2 Trench Safety Systems
509.6 Measurement
Trench Safety Systems shall be measured by linear foot through manholes and
other appurtenances along the centerline of trench conforming to
Contractor's plans and specifications. '
509.7 Payment _
Payment for Trench Safety Systems, measured as prescribed above, will be
made at unit price bid per centerline linear foot of trench per
Contractor's plan and specifications which price shall include designing,
furnishing, installing, devatering, maintaining, replacing and removing the
Trench Safety Systems, sloping, special clearing, and excavation necessary
to safely implement the Trench Safety System Plan.
Payment will be made under the following:
Pay Item No. 509 -1: Trench Safety Systems (all depths) Per Linear
Foot.
END
Ref: 104, 110, 111, 120, 130, 401, 414, 501, 502, 504, 506, 508, 510, 511,
551, 558, 559, 591, 593, 594
509 08/28/89 Page 3 Trench Safety Systems