R-93-06-24-9B - 6/24/1993'r 11/19/93
CHANGE
ORDER
Fisher Hatoed, Inc,
ENGINEER
30 Hestera r- 1os +ine. Suite 110
Address
Round Rock Teas.
TO (Contractor): BOUND ROCK
CONSTRUCTION, INC.
P.O. Box 1179
Round Rock, Texas 78680
16:39 ROUND ROCK PUBLIC WORKS • 512 255 6676
Distribution to:
OWNER ■
ENGINEER •
CONTRACTOR ■
FIELD 0
OTHER O
B
D //-//-33 Date /l'—l�
NO. 166 P13
PROJECT: CREEKBEND BOULEVARD EXTENSION CHANGE ORDER NUMBER: 1
INITIATION DATE: November 11, 1993
ENGINEER'S PROJECT NO: 92114-04
CONTRACT FOR: Creeltbend Blvd Extension Impe.
DATE: July 2, 1993
You are directed to make the following changes in this Contract:
Item 15 - Add 5,355 SF Sidewalk including joints & broom finish, complete In place @ $2.10 /SF 511,245.50
Item 30 • Install parallel pipe safety runners at 3-18' RCP's at FM3406 per Texas Department of
Transportation requirement to approve driveway permit, @ 51,100 Lump Sum 51,100.00
Not valid until signed by both the Owner and Engineer.
Signature of the Contractor Indicates his agreement herewith, Including any adjustment in the Contract Sum or Contract Time:
The original Contract Sum was S 243
Net change by previously authorized Change Orders S 0.00
The Contract Sum will be Increased by this Change Order S 12,345.50
The new Contract Sum including this change order will be S 256,277.50
The Contract Time will be jorrAmt by (10 ) Days
The Date of Substantial Completion u of the date of this Change Order therefore
Authorized:
ROUND ROCK CONSTRUCTION, INC, CITY OF ROUND ROCK
CONTRACTOR OWNER
J?.O. Box 1179 E. M
Address
ound Roc
Address
f 'Mar
gear /LAI
Dato
)ATE
11/11/93 JOB NO
92114
-04
mow
Creekbend Blvd. Extension
1
11/11/92
1
NE, Change Order No. 1
for Creekbend Blvd. Extension
COPIES
DATE
Na
OESCePTiON
1
11/11/92
1
Change Order No 1 to Round Rock Construction, Inc.
for Creekbend Blvd. Extension
11411/19/93
16:39 ROUND ROCK PUBLIC WORKS -, 512 255 6676
Fisher Ha ood Inc.
CIVIL & STRUCTURAL ENGINEERS
301 Neaten Crossin(, Su lte 110
Round Reek. Ines 76661 (512) 214 -1616
TO City of Round Rock
Public Works Department
ATTENTION: Mr. Al Willie
GENTLEMEN:
WE ARESENDING YOU DAttached O Under separate cover via
❑ Prints fl Reproducibles ❑ Shop drawings ❑ Submittals
0 Copy of letter ❑ Addenda X$ rhRngP Or.9Pr
for distribution.
COPY(S) TO
SIGNED:
TYPE TITLE:
NO. 166 P12
LETTER OF TRANSMITTAL
THESE ARE TRANSMITTED as checked below:
O Returned - review completed 0 Resubmit copies for approval
D Returned - make corrections noted ❑ Submit copies for distribution
❑ Return corrected prints
XRI For approval
0 For your use
O As requested D Returned - rejected
D For review and comment 0 Returned - not reviewed 0
0 FOR BIDS DUE 19 OPRINTSRETURNEDAFTERLOANTOUS
REMARKS
Mr. Willie:
Please execute the attached change order and return to our office
Thank you very much.
Office Manager
the following items:
❑ Specifications
' 11/22/93 14:59 ROUND ROCK PUBLIC WORKS • 512 255 6676 NO.169 D03
DATE: November 19, 1993
SUBJECT: City Council Meeting, November 23, 1993
ITEM: 11A. Consider Change Order No. 1 to Round Rock Construction for the
Creekbend Boulevard improvements.
STAFF RESOURCE PERSON: Jim Nuse
STAFF RECOMMENDATION:
Staff recommends acceptance.
SPECIFICATIONS
FOR
CONSTRUCTION
OF
MAY 1993
FIs_1.�, Bagood & Hejl, Ine, z
1 / CIVIL & STRUCTURAL ENGINEERS
\ / 331 Ihsters Crossing, Suite 110 v
1 Ramnd Rock, Texas 78681 (512) 244-1546
R- 93- 0(o -a4 - 98
CREE.KBEND BOULEVARD EXTENSI.ON
FRO vi SAM BASS ROAD TO FM 3406
FOR
CITY OF ROUND ROCK
PUBLIC WORKS DEPARTMENT
COUNCILMEMSERS:
CHARLES W. CULPEPPER MAYOR
JIMMY JOSEPH MAYOR PRO -TEM
ROBERT STLUKA
ROD MORGAN
RICK STEWART
EARL PALMER
MARTHA CHAVEZ
CITY MANAGER:
ROBERT L. 3ENNET, JR.
PUBLIC WORKS DEPARTMENT DIRCTOR:
JAMES 'USE, P.E.
9
Section
1.0 Notice to Bidders NB -1
2.0 Bid Documents BD -1
3.0 Post Bid Documents PBD -1
4.0 General Conditions GC -1
5.0 Special Conditions SC -1
6.0 Technical Specifications TS -1
table.mst/spec
TABLE OF CONTENTS
Description Page
1.0 NOTICE TO BIDDERS
NOTICE TO BIDDERS
Sealed bids addressed to the Purchasing Agent, City of Round Rock, 221
East Main Street, Round Rock, Texas 78664, for furnishing all labor, material
and equipment and performing all work required for the project titled
Creekbend Boulevard Extension (project includes approximately 7,300 SY of
new HMAC, base, and subgrade prep., 16,150 SF of combined concrete and
landscaped median, curb and gutter, drainage structures and piping, as well as
pavement marking and temporary and permanent erosion and sedimentation
controls) will be received until 2:00 PM, June 08, 1993 then publicly opened
and read aloud at City Hall Council Chambers at the same address. Bid
envelopes should state date and time of bid and "Creekbend Boulevard
Extension ". No bids may be withdrawn after the scheduled opening time. Any
bids received after scheduled bid opening time will be returned unopened.
Bids must be submitted on City of Round Rock bid forms and must be
accompanied by an acceptable bid security as outlined in the Instructions to
Bidders, payable to the City of Round Rock, Texas equal to five percent (5 %)
of the total bid amount. Plans, Bid Forms, Specifications, and Instructions to
Bidders may be obtained from the office of the engineer, Fisher, Hagood, &
Hejl, Inc., 301 Hesters Crossing, Round Rock, Texas beginning May 25, 1993
non - refundable charge of $25.00 per set.
In case of ambiguity, duplication, or obscurity in the bids, the City of
Round Rock reserves the right to construe the meaning thereof. The City of
Round Rock further reserves the right to reject any or all bids and waive any
informalities and irregularities in the bids received.
The successful bidder will be expected to execute the standard contract
prepared by the City of Round Rock, and to furnish performance and payment
bonds as described in the bid documents.
Publish Dates:
Austin American Statesman: Round Rock Leader:
noticebd.mst/spec
NB -1
2.0 BID DOCUMENTS
INSTRUCTIONS TO BIDDERS
1. Prior to submitting any bid, bidders should read the plans, specifications,
bid form, contract and bond forms carefully; to inform themselves by
their independent research, test and investigation of the difficulties to be
encountered and judge for themselves of the accessibility of the work and
all attending circumstances affecting the cost of doing the work and the
time required for its completion and obtain all information required to
make an intelligent bid.
2. Should the bidder find discrepancies in, or omissions from the plans,
specifications, or other documents, or should he be in doubt as to their
meaning, he should notify at once the Engineer and obtain clarification
or addendum prior to submitting any bid.
3. It shall be the responsibility of the bidder to see that his bid is received
at the place and time named in the Notice to Bidders. Bids received
after closing time will be returned unopened.
4. Bids shall be submitted in sealed envelopes , plainly marked "Sealed Bid"
and showing the name of the project, the job number if applicable, and
the opening date and time.
5. Bids shall be submitted on bid forms furnished by the City of Round
Rock.
6. All bids shall be accompanied by a certified cashier's check upon a
National or State bank in an amount not less than five percent (5 %) of
the total maximum bid price, payable without recourse to the City of
Round Rock, or a bid bond in the same amount from a reliable surety
company, as a guarantee that the bidder will enter into a contract and
execute performance and payment bonds, as stipulated by item 11 below,
within ten (10) days after notice of award of contract to him. Bid
guarantees must be submitted in the same sealed envelope with the bid.
Bids submitted without check or bid bonds will not be considered.
biddoc.mst/spec BD -1
7. All bid securities will be returned to the respective bidders within twenty-
five (25) days after bids are opened, except those which the owner elects
to hold until the successful bidder has executed the contract. Thereafter,
all remaining securities, including security of the successful bidder, will
be returned within sixty (60) days.
8. Until the award of the contract, the City of Round Rock reserves the
right to reject any and all bids and to waive technicalities; to advertise
for new bids; or to do the work otherwise when the best interest of the
City of Round Rock will be thereby promoted.
9. In case of ambiguity or lack of clarity in the statement of prices in the
bids, the City of Round Rock reserves the right to consider the most
favorable analysis thereof, or to reject the bid. Unreasonable (or
unbalanced) prices submitted in a bid may result in rejection of such bid
or other bids.
10. Award of the contract, if awarded, will be made within sixty (60) days
after opening of the bids, and no bidder may withdraw his bid within said
sixty (60) day period of time unless a prior award is made.
11. Within ten (10) days after written notification of award of the contract,
the successful bidder must furnish a performance bond and a payment
bond in the amount of one - hundred percent'(100 %) of the total contract
price. Provided however, if the contract price is less than $50,000.00, the
bidder shall have the option of providing a letter of credit in lieu of a
performance bond, said letter of credit in a form acceptable to the City
of Round Rock. Said performance bond, or letter of credit, if applicable,
and payment bond shall be from an approved surety company holding a
permit from the State of Texas to act as surety (and acceptable according
to the latest list of companies holding certificates of authority from the
Secretary of the Treasury of the United States) or other surety or
sureties acceptable to the Owner, with approval prior to bid opening.
12. If the total contract price is less than $25,000.00 the performance and
payment bond requirement may be waived by the City of Round Rock.
Payment will be made following completion of the work.
13. Failure to execute the construction contract within ten (10) days of
biddoc.mst/spec BD-2
written notification of award or failure to furnish the performance bond,
or letter of credit if applicable, and payment bond as required by item 11
above, shall be just cause for the annulment of the award. In case of the
annulment of the award, the bid guarantee shall become the property of
the City of Round Rock, not as a penalty, but as a liquidated damage.
14. No contract shall be binding upon the City of Round Rock until it has
been signed by its Mayor after having been duly authorized to do so by
the City Council.
15. The Contractor shall not commence work under this contract until he
has furnished certification of all insurance required and such has been
approved by the City of Round Rock, nor shall the contractor allow any
subcontractor to commence work on his subcontract until proof of all
similar insurance that is required of the subcontractor has been furnished
and approved.
16. Any quantities given in any portion of the contract documents, including
the plans, are estimates only, and the actual amount of work required
may differ somewhat from the estimates. The basis for the payment shall
be the actual amount of work done and/or ,material furnished.
17. No Texas sales tax shall be included in the prices bid for work under this
contract. This contract is issued by an organization which is qualified for
exemption pursuant to the provisions of Article 10.04 (h) of the Texas
Limited Sales, Excise and Use Tax Act. The contractor performing this
contract may purchase, rent or lease all materials, supplies, equipment
used or consumed in the performance of this contract by issuing to his
supplier an exemption certificate complying with State Comptroller's
ruling #95 -0.07. Any such exemption certificate issued by the contractor
in lieu of the tax shall be subject to the provisions of the State
Comptroller's ruling #95 -0.09 as amended to be effective July 1, 1979.
18. No conditional bids will be accepted.
biddoc.mst/spec BD -3
MITESTAIDIRMIAMEIMMEMIMARZEUM
KNOW ALL MEN BT THESE PRESENTS:
OMMERCIAL
Lloyd's Insurance Company
THAT Round Rock Construction, Inc
of Round Roth, Texas
, as Principal, and COMMERCIAL LLOYDS
INSURANCE COMPANY, as Surety, are held and firmly bound untoC.itY Q.f R.Q.U0SL,RQck
as Obligee, in the full and just sum of Five Permit (5%.) of the g a m4411t bid not to
exceed ...fifteen...thousand dollars...and...no/11M
lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS. the said Principal is herewith submitting its proposal
Creekbend Boulevard Extension from Sam Bass Road to FM 3406
THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the
time required, enter Into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of
the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between
the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work
RQuflhJ .c. :>aa.i.Qn......z.n.c.. (SEAL)
CO MERCIAL LLOYD'S INS 9IRA NCE COMPANY
1
if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof.
Signed, sealed and delivered
June 8, 1993
(Date)
BID BOND
P ti
BOND NUMBER
W. Schuler
Dollars,
(SEAL)
""-- AlliirfferkKleot
tGtQdN.n`..xin twY •lli; ih iidh al'ti , !1 , 4404 , st73; /li, 4� 9'. y!d rT • %r.•,ti
C 1 Lloyd's Insurance Company
901 S. Lamar
T ustin, Texas 78704
KNOW ALL MEN BY THESE PRESENTS:
t hat Union Commerci Inc., a Corporation duly organized and existing under the laws of the State of Texas, having its principal office in
Austin, Texas, Auorney -In -Fact for the Underwriters at Commercial Lloyd's Insurance Company, pursuant to the following resolution which
I s now in full force and effect:
Ch That each of the following officers: the President, or any Vice - President, may from time to time appoint Attorneys - in - Fact, and Agents to
at
for and on behalf of the Company and may give any such appointee such authority as his certificate of authority and other writings obligatory
n the nature of a bond, and any of said officers may at any time remove any such appointee and revoke the power and authority given him,"
d oes hereby make, constitute and appoint: John W. Schul er
I ts true and lawful Attomey(s) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowl-
edge and deliver in its behalf, and as its act and deed, as follows:
' All bonds not to exceed on any single instrument Fi fteen thousand dollars dti /100 Q
W
♦C
I N WITNESS WHEREOF, Union Commercial, Inc. has caused these presents to be signed by its President, and its Corporate
01 Deal to be affixed, this 1st day of November, 1991.
m C
n o ,
•
' John W. Schuler; - President U
I rate of Texas C
ounty of Travis a
'Commission Expires 2 -5 -94
COM &RCIAL
VOyd$ hS1�ICE �OIIMI�ry
BD 12911
POWER OF ATTORNEY
L this 1st day of November, in the year 1991, before me Shannon McBride, a notary public, personally appeared John W. Schuler, personally
nown to me to be the person who executed the within instrument as President, on behalf of the Corporation therein named and acknowledged
o me that the Corporation executed it.
Shannon McBride
Notary Public
C ERTIFICATE
the undersigned, Secretary of Commercial Lloyd's Insurance Company, DO HEREBY CERTIFY that the foregoing and attached Power of
� ttorney and Certificate of Authority remains in full force and has not been revoked:
igned and Sealed at the said Company at Austin, Texas dated this 8 day of June , 19 9_
Secretary
COi
Lloyd's Insurance Company
IMPORTANT NOTICE
To obtain information or make a complaint:
You may contact John Schuler, President of Operations, whose direct dial
number is 512 - 444 -7776. You may also fax us information at 512 - 447 -7222.
You may also call Commercial Lloyd's Insurance Company, toll -free telephone
number for information or to make a complaint at:
1 -800- 234 -8046
You may also write to Commercial Lloyd's Insurance Company at: P.O. Box 67,
Austin, Texas 78767. You may contact the Texas Department of Insurance to
obtain information on companies, coverages, rights or complaints at:
1- 800 - 252 -3439
You may also write the Texas Department of Insurance: P.O. Box 149104,
Austin, Texas 78714 -9104, Fax# 512 - 475 -1771. '
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your
premium or about a claim you should contact the company first. If the dispute is
not resolved you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only
and does not become a part of condition of the attached document.
3901 Soulh Lamar • Suite 350 • Auslin, Texas 78704
P 0 Box 67 • Auslm, Texas 78767 0067
Tel 512 444 7776 • Fax. 512 4477222
BIDDING SHEET
JOB NAME: Creekbend Boulevard Extension
JOB LOCATION: Round Rock, Williamson County, Texas
OWNER: City of Round Rock, Texas
DATE:
Gentlemen:
Pursuant to the foregoing Notice to Bidders and Instructions to Bidders, the
undersigned bidder hereby bids to do all the work, to furnish all necessary superintendence,
labor, machinery, equipment, tools, materials, insurance and miscellaneous items, to
complete all the work on which he bids as provided by the attached supplemental
specifications, and as shown on the plans for the construction of Creekbend Boulevard
Extension and binds himself on acceptance of this bid to execute a contract and bond for
completing said project within the time stated, for the following prices, to wit:
biddoc.mst/spec BD-6
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
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1
1
Creekbend Boulevard E>dension
Oty of Round Rock
item Estimated
No. Quantity
STREET IMPROVEMENTS
Description and Unit Price of item
In Words
1,800 IF Silt Fence, complete and In place,
per lineal foot,
FOR ONE
AND F/Fr y
2 40 IF Rock Berm, complete and in place,
per lineal foot,
FOR FIFTEEN DOLLARS
AND NO CENTS
DOLLARS
CENTS
3 1 EA Stabilized Construction Entrance,
complete and In place, per each,
F1oE 1-kudogi>
FOR FiFry DOLLARS
AND No CENTS
4 1,200 LF Bearing, Grubbing of R.O.W. per
Special Conditions and Disposal,
complete and In place, per lineal foot.
FoR Foul; DouARs
AND MO CENTS
5 9,650 SY Street Excavation and Disposal, to include
any excavation within R.O.W. to grade
for construction of sidewalk,
complete and In place, per square yard,
FOR TNREE DOLLARS
AND hi O CENTS
6 9,650 SY Subgrade Preparation, complete and In
place, per square yard,
FOR N O DOLLARS
AND N I N F TAI CENTS
7 7,480 SY 16' Base, complete and in place,
per square yard,
FOR I EVF tJ Do ARS
AND E t.IT y CENTS
8 7,410 SY 2' Asphak, complet e In place,
per square yard,
FOR Po uR
AND TE: 4
DOLLARS
CENTS
9 1,200 IF Saw Cut Pavement, complete and
in place, per lineal foot,
FOR ON DOLLARS
AND N O CENTS
Unit Price Total
In Figures Price
1.56
/5.00
550.00
'-f . oo
3;00
1.00
2,7oo.0o
6oa.00
550.00
'4 B00.00
28,950.0o
8, 685.00
5
30, 381.00
1 f 2,00 . O O
Creekbend Boulevard &tension
Gty of Round Rock
hem Estimated
No. Quantity
X10 2,900 SF bdsting Pavement Removal, complete
and In place, per square foot,
{ 11 1,200 LF
Description and Unit Price of h.m
In Words
FOR N O DOLLARS
AND Ft Fry CENTS
Curb and Gutter Installed In adding
pavement *salon, complete and In place,
per lineal foot,
FOR .S F II C N D0UARS
AND Mn CENTS
12 6,100 IF Curb and Gutter, including base beneath
and behind bark of curb, complete and
M place, per lineal foot,
FOR Fo r_R DOLLARS 75 Z8 �I S. 00
ANOSEVENTs Fixer-CENTS )
13 1,200 IF Asphalt repair along new curb & gutter,
complete and In place, per lineal foot
FOR TWl cs DOLLARS E. o o E, y o o. o 0
AND NO CENTS
s 14 1,150 SF Concrete Median, complete and in place,
per square fool
FOR ONE DOLLARS f. 8 2, 0 70.00
AND L76/.-/Ty CENTS
15 8,550 SF Sidewalk Including joints d broom finish,
complete and In place, per square foot /�
FOR I Gt.) O DOLLARS , , / o / 7, c 6 00
AND TEA! aNTS
16 2 EA Barricade (60 Lined Feet), complete
and in place, per each,
ONE THouS 1?
FOR T1)15 ' DOLLARS
AND Nn CENTS
17 4,300 SY Permanent Erosion Control, Complete
and In place, per square yard
FOR NO DOLLARS
AND Fl6Hry CENTS
18 650 IF Pavement Marking (Reflective Paint)
Solid 8' White, complete and In place,
per lineal Foot
FOR A/ DOLLARS
AND s/ xr y CENTS
Unit Price Total
In Figures Price
. 6o I, Lj SO.O o
1.6D 8,i-too.
4, ZOO.00
.80 4 15/0.00
2,''100.Oo
Creekbend Boulevard Extension
City of Round Rock
Item Estimatd
No. Quantity
Description and Unit Prim of Rem Unit Pries Total
In Words In Figures Prim
19 3,400 LF Pavement Marking (Reflective Point)
Solid 4' While, 10' Long e 40' O.C.
complete and In place, per lineal foot,
FOR /JO DOLLARS
AND 7LL/,4 Ty CENTS
20 115 EA Pavement Marking, Traffic Bunon - Type 1A
complete and in place, per each,
FOR 51 K DOIL\RS
AND N D CENTS
21 5 EA Obled Marken al end of median with
pointed median nose, complete and
In place, per each,
FOR E161-in/ DOLLARS
AND MO aNTS
22 5 EA Stop Signs, complete and In place,
per each,
Tub O
FOR 140 tJDRE.D DOLLARS
AND tJ o CENTS
TOTAL STREET IMPROVEMENTS
DRAINAGE IMPROVEMENTS
23 5 EA 10' Curb Inlet, complete and In place,
per each, ON E rI IO USA w9D
IJI NE 1- 1-Uc+DRE
FOR DOLLARS
AND h.11) CENTS
24 1 EA 20' Curb Inlet, (double 10') complete
and in place, per each,
Two TNousAIND
FO Mt1NDREDDOLLARS 5t
AND kin CENTS
25 200 IF 18' RCP, Class IN Storm Sewer,
complete and In place, per lineal foot,
- 1 - 141 AT
FOR FI U� DOLLARS
AND t•lt CENTS
26 3 EA Valley Gutters, complete and in place,
per O tJ E 71{-6 uSAND
roW ,IGAr DOLLARS
AND 1.10 CENTS
e.3o 4ozo. oo
6.0D 690.00
80.00
goo . o o
1,000.00
Zoz, 31Z. o0
1,q oo. 00 9,500.0o
2,400.o0 z, 1 1 . 00•0 0
35.00 7,00o.0o
1,800.00 5, I/00.00
CreeU, nd Boulevard 6dension
Oty of Round Rock
Item Estimated
No. Quantity
Description and Unit Pricer of ham
In Words
27 200 IF Trench Safety, complete and In place,
par linaal foot,
FOR Tug O DOLlAR5
AND /Jf1 CENTS
28 390 IF 18' RCP, Class RI Storm Sewer,
0.130'1en8Ih+) with 6 to 1 end Ireatmen!
complete and In place, per lineal foot,
7L ENT y
FOR F./6,—/r" DOLLARS
AND N o CENTS
29 2,000 SF 6' Concrete Riprop for cared end
Irealment, complete and In place,
per square foot,
FOR
TOTAL DRAINAGE IMPROVEMENTS
DOLLARS
AND NO CENTS
TOTAL PRICE BID FOR STREET AND DRAINAGE IMPROVEMENTS
BIDDER ROt.I_NC ROC—Fe. l.()IV STT?LL.r' rfnN
BY
TITLE PRE S I DEKIT
MAILING
ADDRESS
P.O. Box I fl
Prw.ND Roc.K, TX. 78(080
Unh Price Total
M Figures Prim
28.o0 /0 9Z0.00
oo 000. oo
4 Y/41, 6 zo . oo
'f2413,
1
1
1
If this bid is accepted, the undersigned agrees to execute the contract and provide
necessary bonds and insurance certification as per the Instructions to Bidders and
commence work within ten (10) days after written Notice to Proceed. The undersigned
further agrees to complete the work in full within ninety (90) calendar days after the date
of the written Notice -to- Proceed.
The undersigned certifies that the bid prices contained in the bid have been carefully
checked and are submitted as correct and final. The Owner reserves the right to reject any
or all bids and may waive any informalities.
1 Respectfully Submitted,
c itil rLli E�
1 PRES /.E
Title for
' ou iv4 & CoNsreu - L uc ,
Name of Firm
7 -ZZ -93
Date
1
1
1
1
1
blddoc.mst/apec BD -7
P.o, Box I I'
RD unLn
Address
Secreta
, 15(- 78GSo
(512)_Z.S -6
eliho -
i „ if
/111Ellilliiiim1616.4:_ -a-
on
ctor is a Corporation
3.0 POST BID DOCUMENTS
THE STATE OF TEXAS
AGREEMENT
COUNTY OF WILLIAMSON
THIS AGREEMENT, made and entered into this 2nd day of July A.D.
1993, by and between the CITY OF ROUND ROCK. TEXAS acting through
it's Mayor, Party of the First Part, hereinafter termed the OWNER, and Round
Rock Construction. Inc. of the City of Round Rock, County of Williamson,
State of Texas, Party of the Second Part, hereinafter termed Contractor.
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by said First
Party (Owner), the said Second Party (Contractor), hereby agrees with the first
Party to commence and complete the construction of certain improvements at
the prices set forth in the Contractor's Bid dated June 08. 1993 for certain
improvements described as follows:
The Contractor shall perform all work shown on the Plans and described
in the Contract and shall meet all requirements of ,this Agreement, the General
and Special Conditions of the Contract; and such Orders and Agreements for
Extra Work as may subsequently be entered by the above named parties to this
Agreement.
The Contractor hereby agrees to commence work under this contract
within 10 consecutive calendar days after that date of the Notice to Proceed
and shall cause work to progress in a manner satisfactory to the Owner. Such
work shall be completed in full within 90 calendar days after the date of the
written Notice to Proceed. Time is of the essence to this contract.
The Owner agrees to pay the Contractor in current funds, and to make
payments on account, for the performance of the work in accordance with the
Contract, at the prices set forth in the Contractor's Bid, subject to additions
and deductions, all as provided in the General Conditions of the Agreement.
postbid.mst/spec
CREEKBEND BOULEVARD EXTENSION
PBD -1
AGREEMENT - continued
The following documents together with this Agreement, comprise the
Contract, and they are fully a part thereof as if herein repeated in full:
The Notice to Bidders
The Instruction to Bidders
The Bidding Sheets
The Performance & Payment Bonds
The General Conditions of Agreement
The Special Conditions of Agreement
The Technical Specifications
.Addenda
Change Orders
The Certificate of Insurance
The Plans
IN WITNESS WHEREOF the Parties to these presents have executed
this Agreement in multiple originals in the year and day first above written.
ATTEST:
Bv:
i
111110g.d/A, u /. //_/
poslbid.mst/spec
Secretary, if on r: ctor
is a Corporation or
otherwise registered with
the Secretary of the State
PBD -2
Bv:
Party of th¢F t Part (Owner)
Mayor - City of Round Rock
Party of the econd Part
(Contractor)
Ili
•
COMMERCIAL
STATE OF TEXAS
COUNTY OF Travis
KNOW ALL MEN BY THESE PRESENTS:
That Round Rock Construction, Inc.
Lloyd's Insurance Company
TEXAS STATUTORY PAYMENT BOND
(Penalty of this bond must be 100% of Contract amount)
P.O. Box 1179, Round Rock, Texas 78680 -1179
(hereinafter called the Principal), as Principal, and COMMERCIAL LLOYD'S INSURANCE COMPANY
(hereinafter called the Surety), as Surety, are held and firmly bound unto
City of Round Rock
(hereinafter called the Obligee), in the penal sum of..Two..Hundred.Roxtx. Thrae..Thousand
Nine Hundred Thirty Two Dollars and no /100
($.243,932..00 ) for the payment of which sum well and truly to be made, we bind ourselves,
our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 22nd.
day of July - , 19..93 , a copy of which is hereto attached and made a part hereof, for
Street and Drainage Improvements
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall
pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided
for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED HOWEVER, that this bond is executed pursuant to the provisions of Article 5160, Revised
Civil Statutes of Texas and all liabilities on this bond to all such claimants shall be determined in accordance
with the provisions thereof to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this
22nd day of JuJ,y
19..93
n W. Schuler
BOND NUMBER....t
Dollars
Round Rock Construction Co. .•e"° "'•-(Baal)
ii X4_ �.��' .
'(Seal)
OMMERCIA LOYD' INS ANC &COMPANY
Attorney -in -fact
B
CL 507 (3 -91)
P 4t,r11t: ?pAV AII4( 40lis(Pyiv;tn/!V1r;St1,yx'1 N7.1 \111'9/f4lq" pl AWI NlL%a1113YUiF.• OMNana
_
5 ,
COMMERCIAL
Lloyd's Insurance Company
l
TEXAS STATUTORY PERFORMANCE BOND
(Penalty of this bond must be 100% of Contract amount)
STATE OF TEXAS
COUNTY OF Travis BOND NUMBER BD 13154
KNOW ALL MEN BY THESE PRESENTS:
That. Round. Rock. Const.ruc.t:i.on., . Sac.
P.O. Box 1179, Round Rock, Texas 78680 - 1179
(hereinafter called the Principal), as Principal, and COMMERCIAL LLOYD'S INSURANCE COMPANY
(hereinafter called the Surety), as Surety, are held and firmly bound unto
City of Round Rock
z-
(hereinafter called the Obligee), in the penal sum of Two Hundred Forty Three Thousand
-,
Nine Hundred Thirty Two Dollars & 00 /100 Dollars
($....2.43,932..00 ) for the payment of which sum well and truly to be made, we bind ourselves,
our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the
...7.th day of....lu.ly 19... 93.., a copy of which is hereto attached and made a part
hereof, for Street and Drainage Improvements
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall
faithfully perform the work in accordance with the plans, specifications and contract documents, then this
obligation shall be void; otherwise to remain in full force and effect.
3
PROVIDED HOWEVER, that this bond is executed pursuant to the provisions of Article 5160, Revised
Civil Statutes of Texas and all liabilities on this bond shall be determined in accordance with the provisions
thereof to the same extent as If it were copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this
...22nd day of July 19...9.3
Round Roc Construction "... +• (Seal)"
MERCIALL YD'SINSUAA CEC6MPANY ^2. -
3
= �'" - (
..
By. ,/ ' ...... (Seal)
'T W. Schuler . - Anomey -in -lace
y1/1 MMlllLtAIflARKPREMMIMMI IIMHt1{ ll".; 71RRItlOSIft1lJAAMAAt16 ✓ARtalICf IUMARLIkll`
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CL 506 (3 -91)
Commercial Lloyd's Insurance Company
1 3901 S. Lamar
Austin, Texas 78704
COMMERCIAL
Wes borate CognilanY
BD 13154
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That Union Commercial, Inc., a Corporation duly organized and existing under the laws of the State of Texas, having its principal office in
Austin, Texas, Attorney - In - Fact for the Underwriters at Commercial Lloyd's Insurance Company, pursuant to the following resolution which
now in full fore and effect:
"That each of the following officers: the President, or any Vice - President, may from time to time appoint Attorneys -in -Fact, and Agents to
'act for and on behalf of the Company and may give any such appointee such authority as his certificate of authority and other writings obligatory
in the nature of a bond, and any of said officers may at any time remove any such appointee and revoke the power and authority given him,"
'does hereby make, constitute and appoint: John W. Schuler
II ts true and lawful Attomey(s) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowl-
edge and deliver in its behalf, and as its act and deed, as follows:
'All bonds not to exceed on any single instrument Two Hundred Forty Three Thousand Nine Hundred Thirty Two Q
Dollars and no /100 -- W
'IN WITNESS WHEREOF, Union Commercial, Inc. has caused these presents to be signed by its President, and its Corporate
Seal to be affixed, this 1st day of November, 1991.
1
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' C State of Texas
ounty of Travis
John W. Schuler President
'On this 1st day of November, in the year 1991, before me Shannon McBride, a notary public, personally appeared John W. Schuler, personally
known to me to be the person who executed the within instrument as President, on behalf of the Corporation therein named and acknowledged
'to me that the Corporation executed it.
'Commission Expires 2 -5 -94
Shannon McBride Notary Public
' CERTIFICATE
I, the undersigned, Secretary of Commercial Lloyd's Insurance Company, DO HEREBY CERTIFY that the forsgUraiand attached Power of
:�`� Lam•
Attorney and Certificate of Authority remains in full force and has not been revoked:
'Signed and Sealed at the said Company at Austin, Texas dated this 22nd (161/
11 FAT.
Secretary
day of ' "T,il y
ti` r
, 19 9'i
COiMERCIAL
Lloyd's Insurance Company
IMPORTANT NOTICE
To obtain information or make a complaint:
You may contact John Schuler, President of Operations, whose direct dial
number is 512 -444 -7776. You may also fax us information at 512 - 447 -7222.
You may also call Commercial Lloyd's Insurance Company, toll -free telephone
number for information or to make a complaint at:
1- 800- 234 -8046
You may also write to Commercial Lloyd's Insurance Company at: P.O. Box 67,
Austin, Texas 78767. You may contact the Texas Department of Insurance to
obtain information on companies, coverages, rights or complaints at:
1- 800 -252 -3439
You may also write the Texas Department of Insurance: P.O. Box 149104,
Austin, Texas 78714 -9104, Fax# 512 - 475 -1771.
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your
premium or about a claim you should contact the company first. If the dispute is
not resolved you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only
and does not become a part of condition of the attached document.
3901 South Lamar • Suite 350 • Austin, Texas 78704
P 0 Box 67 • Austin, Texas 78767.0067
Tel 4447776 • Fax 512447.7222
ACO11111 ®- CERTIFICATE OF INSURANCE
PRODUCER
WHORTON INSURANCE SERVICES
11044 RESEARCH BLVD #B-110
AUSTIN TX 78159-5246
INSURED
Round Rock Construction
PO Box 1179
Round Rock TX 78680
GENERAL LLABBITY
X COMMERCIAL GENERAL LV.BLLITY
• CLAWS MADE :OCCUR
. OWNERS & COMPACTORS PROT.
A AUTOMOB&E UABaT'
- ANY AUTO
,.. .. ALL OWNED AUTOS
. SCHEDULED AUTOS
1( HIRED AUTOS
X . NON -OWNED AUTOS
GARAGE LIABILITY
EXCESS UABITY
..... UMBRELLA FORA
OTHER THAN UMBRELLA FORA
WORKERS COMPENSATION
AND
EMPLOYERS LIABanY
07HER
D OWNERS CONTRACTORS . A22208278
DESCRIPTOR OF OPERAIWNSLOCAIION SIVENCLEWSPECIAL REL9
HOLDER
City of Round Rock
Public Works Dept
221 E Main
Round Rock
ACOfiDD 254 t7N0) ........:.. .
•
•
•
•
•
BUA1159541688
TX 78664
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
POUCIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY A
LETTER rt
• COMPANY
Lei let
COMPANY C
METIER
COMPANY D
LETIFR
• COMPANY
LETTER
COVERAGES
THIS IS TO CERTFY THAT THE POIJCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY P6900
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCWSIONS AND CONDITIONS OF SUCH POUCIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POUOY NUMBER Y L D re( EXPIRATION '
MITTS
LTR
. GENERAL AGGREGATE '9 2080080
A
115954154A 08/16/92 08/16/93 PRODUCTS COW/OP AGO. :s
PERSONAL & AOV. mum, '
WC115968975B 09/15/92
Re:Creekbend Drive street Improvements Waiver of Subrogation Is hereby gran
ted to City of Round Rock and they are named u add9 Insured
CNA Insurance Companies
04/29/93 04/23194
EACH OCCURRENCE
ISSOE DATE (MMODAY)
FIRE DAMAGE (Any one fire) ;8
MED. EIPFNSE (Any One peman)
08/16/92 08/16/93 COMBINED STOLE
LIMB
BODLY INJURY
Per person)
BOOLY NARY
(Per axtonp
PROPERTY DAMAGE
:EACH OCCURRENCE
AGGREGATE
•
STATUTORY LIMITS
08/16/93 EACH ACCIDENT .s 100000
Dl FASF - PO.ICY LIMIT i5 500000
o,cc °c - EACH EMPLOYEE . 5 100000
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE
• E%PIRATION DATE THEREOF, THE ISSUING COMPANY WILL EMWJIGXYDC
SO
MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT. ALMFa11.19RD(TO<LN SOHIDOOLOSIL WOOS YLW19h(E(d(ffi EVON4X
• NAM= =WOK X870(%IPDN(THEXMLINVXCL%XOENTF OFX HBPR05140119M.
1000000
1000000
50000
5000
500000
500000
500000
J
• 8/ADORD CORPORATION • l99U V'
j ii j .
CERTIFICATE OF INSURANCE ` ISBUE D 22- IDD /YY)
ri 7 -22 - Al: 93
PRODUCER
-
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
- -
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
WHORTON INS. SERVICES
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
11044 RESEARCH BLVD #B110 —
POLICIES BELOW.
AUSTIN, TX 78759
COMPANIES AFFORDING COVERAGE
LETTER A TRANSCONTINENTAL INS. CO.
COMPANY B VALLEY FORGE INS. CO.
LETTER
INSURED - -
ROUND ROCK CONSTRUCTION INC. -
COMPANY C TRANSPORTATION INS. CO.
-
MIKE STEPHENS INDIVIDUAL
P. O. BOX 1179
.
LETTER D CDNTINENTAL CASUALTY Co.
ROUND ROCK, TX 78680
COMPANY
` -
E
LETTER -
COVERAGES ..
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
j
r - I
co -
LTR' TYPE OF INSURANCE
POLICY NUMBER
, POLICY EFFECTIVE
DATE (MM /DDNY)
POLICY EXPIRATION
DATE (MM /DDNY) I _ LIMITS
1 GENERAL LIABILITY
-
!GENERAL AGGREGATE
$_ 2,000,000_
A
x COMMERCIAL GENERAL LIABILITY
115954154
8 -16 -92
8 -16 -93
PR ODUCTS COMP /OP AGG
$ 1,00
1 CLAIMS MAD __._ OCCUR
-
- -
PERSONAL 8 ADV. INJURY
$ 1,000,000_
OWNER'S & CONTRACTOR'S PROT,
EACH OCCURRENCE
$ 1,000,000
-
M FIRE DAMAGE (Any one fire)
$ - 50,000
i MED EXPENSE (An one person)
$ 5, nno
I
AUTOMOBILE LIABILITY
COMBINED SINGLE
B ANY AUTO
BUA 115954 168
8 -16 -92
8 -16 -93
LIMIT
$ 500,000
_ X
ALL OWNED AUTOS
BODILY INJURY
$
1 SCHEDULED AUTOS
g HIRED AUTOS
lc f NON.OWNED AUTOS
-
(Per person) -
BODILY INJURY
(Per accident)
$
- GARAGE LIABILITY
1
PROPERTY DAMAGE
$
EXCESS LIABILITY
EACH OCCURRENCE
$
! UMBRELLA FORM
-
-
-.
AGGREGATE
$
OTHER THAN UMBRELLA FORM
-
C
WORKER'S COMPENSATION
WC115968975
8 -16 -92
8-16-9)
1 STATUTORY LIMITS
EACH ACCIDENT —_ v_
$ _ 100,000 _
AND
DISEASE — POLICY LIMIT
$ 500,000
EMPLOYERS' LIABILITY
_
DISEASE —EACH EMPLOYEE $ 1 0Q_ nno
OTHER
GENERADAGGREGATE $500,6
Owners & Contractors
TBD
4 -23 -93 4 -23 -94
EACH OCCURRENCE 500,000
D lProtective
'
DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /SPECIAL ITEMS
Creekbend Drive street improvements. Waiver of Subrogation is hereby granted to City of
ound Rock and they are named as Additional Insured as well.
CERTIFICATE HOLDER �_._. CANCELLATION _ .,
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Round Rock
Public Works Dept. EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
221 E. Works
- ;„ MAIL _31 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Ro und Roc1F, TX 78664 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES
AUTHORIZED REPRESEN T V
1
JI �9[ � V J V pI I V /
•. �l�
ACORD 25.5 (7/90)
®ACORD CORPORATION 1990
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BOND NUMBER AMOUNT
' KNOW ALL MEN BY THESE PRESENTS,
'
That we,
(hereinafter called the "Principal") as
Principal, and the a Corporation duly
' organized under the laws of the State of and
duly licensed to transact business in the State of
(hereinafter called the "Surety"), as Surety, are held and firmly bound unto
THE CITY OF ROUND ROCK. TEXAS (hereinafter called the "Obligee "), in
the sum of dollars
($ ) for the payment of which sum well and truly to be
' made, we, the said Principal and the said Surety, bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly,
' by these presents.
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Sealed with our seals and dated this day of , A.D.
nineteen hundred and -
WHEREAS, the said Principal has heretofore entered into a contract with
Dated , 19_, for construction of
WHEREAS, the said Principal is required to guarantee the construction of all
improvements installed under said contract, against defects in materials or
workmanship, which may develop during the period of year(s)
from the date of acceptance of the project above described, by Owner:
The City of Round Rock, Texas
posibid.mst /spec
MAINTENANCE BOND
PBD -11
MAINTENANCE BOND (continued)
NOW, THEREFORE, THE CONDITIONS OF THE OBLIGATIONS IS
SUCH, that if said Principal shall faithfully carry out and perform the said
guarantee, and shall, on due notice, repair and make good at its own expense
any and all defects in materials or workmanship in the said work which may
develop during the period of year(s) from the date of acceptance
of the project above described, by Owner:
The City of Round Rock, Texas
OR shall pay over, make good and reimburse to the said Obligee all loss and
damage which said Obligee may sustain by reason of failure or default of said
Principal so to do, then this obligation shall be null and void; otherwise shall
remain in full force and effect.
Principal Surety
By By •
postbid.mst/spec
PBD -12
4.0 GENERAL CONDITIONS
1
1 General Conditions of' Agreement
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Contents
1. Definition of Terms
1.01 - Owner, Contractor and Engineer
1.02 - Contract Documents
1.03 - Subcontractor
1.04 - Sub - Subcontractor
1.05 - Written Notice
1.06 - Work
1.07 - Extra Work
1.08 - Working Day
1.09 - Calendar Day
1.10 - Substantially Completed
2. Responsibilities of the Engineer and the Contractor
2.01 - Owner - Engineer Relationship
2.02 - Professional Inspection by Engineer
2.03 - Payments for Work
2.04 - Initial Determinations
2.05 - Objections
2.06 - Lines and Grades
2.07 - Contractor's Duty and Superintendence
2.08 - Contractor's Understanding
2.09 - Character of Workers
2.10 - Contractor's Buildings
2.11 - Sanitation
2.12 - Shop Drawings
2.13 - Preliminary Approval
2.14 - Defects and Their Remedies
2.15 - Changes and Alterations
2.16 - Inspectors
gencond.mst/spec
GC -1
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3. General Obligations and Responsibilities
3.01 - Keeping of Plans and Specifications Accessible
3.02 - Ownership of Drawings
3.03 - Adequacy of Design
3.04 - Right of Entry
3.05 - Collateral Contracts
3.06 - Discrepancies and Omissions
3.07 - Equipment, Materials and Construction Plant
3.08 - Damages
3.09 - Protection Against Accident to Employees and the Public
3.10 - Performance and Payment Bonds
3.11 - Losses from Natural Causes
3.12 - Protection of Adjoining Property
3.13 - Protection Against Claims of Subcontractors, etc.
3.14 - Protection Against Royalties or Patented Invention
3.15 - Laws and Ordinances
3.16 - Assignment and Subletting
3.17 - Indemnification
3.18 - Insurance
3.19 - Final Clean -Up
3.20 - Guarantee Against Defective Work
3.21 - Testing of Materials
4. Prosecution and Progress
4.01- Time and Order of Completion
4.02 - Extension of Time
4.03 - Hindrances and Delays
5. Measurement and Payment
5.01 - Quantities and Measurements
5.02 - Estimated Quantities
5.03 - Price of Work
5.04 - Partial Payments
5.05 - Use of Completed Portions
5.06 - Final Completion and Acceptance
5.07 - Final Payment
5.08 - Payments Withheld
5.09 - Delayed Payments
gencand.mst/spec
GC -2
6. Extra Work and Claims
6.01 Change Orders
6.02 Minor Changes
6.03 Extra Work
6.04 Time of Filing Claims
6.05 Continuing Performance
6.06 Arbitration
7. Abandonment of Contract
7.01 Abandonment by Contractor
7.02 Abandonment by Owner
8. Subcontractors
8.01 Award of Subcontracts for Portions of Work
8.02 Subcontractual Relations
8.03 Payments to Subcontractors
9. Separate Contracts
9.01 Owner's Right to Award Separate Contracts
9.02 Mutual Responsibility of Contractors
9.03 Cutting and Patching Under Separate contracts
10. Protection of Persons and Property
10.01 Safety Precautions and Programs
10.02 Safety of Persons and Property
10.03 Location and Protection of Utilities
gencond.mst/spe
GC -3
1
General Conditions of Agreement
' 1. Definition of Terms
1 1.01 Owner, Contractor and Engineer
The Owner, the Contractor and the Engineer and those persons or organization
' 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 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.
' 1.02 Contract Documents
The Contract Documents shall consist of the Notice to Contractors, Instructions to
Bidders, Bid, Signed Agreement, Performance and Payment Bonds (when required),
Special Bonds (when required), General Conditions of the Agreement, Construction
1 Specifications, Plans and all modifications thereof incorporated in any of documents
before the execution of the agreement.
' The Contract Documents are complementary, and what is called for by any one shall
be as binding as if called for by all. In case of conflict between any of Contract
documents, priority of interpretation shall be in the following order: Signed ,
Agreement, Performance and Payment Bonds, Special Bonds (if any), Bid, Special
Conditions of Agreement, Notice to Contractors, Technical Specifications, Plans, and
General Conditions of Agreement.
1.03 Subcontractor
' The term Subcontractor, as employed herein, includes only those having a direct
contract with the Contractor and it includes one who furnishes material worked to
' special design according to the plans or specifications of this work, but does not
include one who merely furnishes material not so worked.
1.04 Sub - subcontractor
The term Sub - Subcontractor means one who has a direct or indirect contract with a
' sub- contractor to perform any of the work at the site and includes one who furnishes
material worked to a special design according to the plans or specifications of this
work, but does not include one who merely furnishes material not so worked.
1
gencond.mst/spec GC -4
1
1.05 Written Notice
1.06 Work
1.07 Extra Work
The term "Extra Work" as used in this contract shall be understood to mean and
include all work that may be required by the Engineer or Owner to be done by the
Contractor to accomplish any change, alteration or addition to the work shown upon
the plans, or reasonably implied by the specifications, and not covered by the
Contractor's Bid, except as provided under "Changes and Alteration," herein.
1.08 Working Day
A "Working Day" is defined as any day not including Saturdays, Sundays or any legal
holidays, in which weather or other conditions, not under the control of the
Contractor, will permit construction of the principal units of the work for a period
of not Less than seven (7) hours between 7:00 a.m. and 6:00 p.m.
1.09 Calendar Day
"Calendar Day" is any day of the week or month, no days being excepted.
1.10 Substantially Completed
By the term "substantially completed" is meant that the structure has been made
suitable for use or occupancy or the facility is in condition to serve its intended
purpose, but still may require minor miscellaneous work and adjustment.
gencond.msl/spec
Written notice shall be deemed to have been duly served if delivered in person to the
individual 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.
The Contractor shall provide and pay for all materials, machinery, equipment, tools,
superintendence, labor, services, insurance, and all water, light, power, fuel,
transportation and other facilities necessary for the execution and completion of the
work covered by the contract documents. Unless otherwise specified, all materials
shall be new and both workmanship and materials shall be of a good quality. The
Contractor shall, if required, furnish satisfactory evidence as to the kind and quality
of materials. Materials or work described in words which so applied have a well
known technical or trade meaning shall be held to refer to such recognized standards.
GC -5
2. Responsibilities of the Engineer and the Contractor
2.01 Owner - Engineer Relationship
The Engineer will be the Owner's representative during construction. The duties,
responsibilities and limitations of authority of the Engineer as the Owner's
representative during construction are as set forth in the Contract Documents and
shall not be extended or limited without written consent of the Owner and Engineer.
The Engineer will advise and consult with the Owner, and all of Owner's instructions
to the Contractor shall be issued through the Engineer.
2.02 Professional Inspection by Engineer
The Engineer shall make periodic visits to the site to familiarize himself generally
with the progress of the executed work and to determine if such work generally meets
the essential performance and design features and the technical and functional
engineering requirements of the Contract Documents; provided and except, however,
that the Engineer shall not be responsible for making any detailed, exhaustive,
comprehensive or continuous on -site inspection of the quality or quantity of the work
or be in any way responsible, directly or indirectly, for the construction means,
methods, techniques, s quences, quality, procedures, programs, safety precautions or
lack of same incident thereto or in connection therewith. Notwithstanding any other
provision of this agreement or any other Contract Document, the Engineer shall not
be in any way responsible or liable for any acts, errors, omissions or negligence of the
Contractor, any Subcontractor or any of the Contractor's or Subcontractor's agents,
servants or employees or any other person, firm or corporation performing or
attempting to perform any of the work.
2.03 Payments for Work
The Engineer shall review Contractor's applications for payment and supporting data,
determine the amount owed to the Contractor and recommend, in writing, payment
to Contractor in such amounts; such recommendation of payment to Contractor
constitutes a representation to the Owner of Engineer's professional judgement that
the work has progressed to the point indicated to the best of his knowledge,
information and belief, but such recommendation of an application for payment to
Contractor shall not be deemed as a representation by Engineer that Engineer has
made any examination to determine how or for what purpose Contractor has used
the moneys paid on account of the Contract price.
2.04 Initial Determinations
The Engineer initially shall determine all claims, disputes and other matters in
question between the Contractor and the Owner relating to the execution or progress
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of the work or the interpretation of the Contract Documents and the Engineer's
decision shall be rendered in writing within a reasonable time, which shall not be
construed to be less than ten (10) days. Appeal to arbitration upon mutual agreement
may be taken as if his decision had been rendered against the party appealing.
2.05 Objections
In the event the Engineer renders any decision which, in the opinion of either party
hereto, is not in accordance with the meaning and intent of this contract, either party
may file with the Engineer within thirty (30) days his written objection to the decision,
and by such action may reserve the right to submit the question so raised to
arbitration as hereinafter provided.
2.06 Lines and Grades
Unless otherwise specified, all lines and grades shall be furnished by the Engineer or
his representative. Whenever necessary, construction work shall be suspended to
permit performance of this work, but such suspension will be as brief as practicable
and the Contractor shall be allowed no extra compensation therefor. The contractor
shall give the Engineer ample notice of the time and place where lines and grades
will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor,
and in case of careless destruction or removal by him or his employees, such stakes,
marks, etc., shall be replaced at the Contractor's expense.
2.07 Contractor's Duty and Superintendence
The Contractor shall give adequate attention to .the faithful prosecution and
completion of this contract and shall keep on the work, during its progress, a
competent English- speaking superintendent and any necessary assistants to supervise
and direct the work. The superintendent shall represent the Contractor in his
absence and all directions given to him shall be as binding as if given to the
Contractor.
The Contractor is and at all times shall remain an independent contractor, solely
responsible for the manner and method of completing his work under this contract,
with full power and authority to select the means, method and manner of performing
such work, so long as such methods do not adversely affect the completed
improvements, the Owner and Engineer being interested only in the result obtained
and conformity of such completed improvements to the plans, specifications and
contract.
Likewise, the Contractor shall be solely responsible for the safety of himself, his
employees and other persons, as well as for the protection and safety of the
improvements being erected and the property of himself or any other person, as a
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result of his operations hereunder. Engineering construction drawings and
specifications as well as any additional information concerning the work to be
performed passing from or through the Engineer shall not be interpreted as requiring
or allowing Contractor to deviate from the plans and specifications, the intent of such
drawings, specifications and any other such information being to define with
specificity the agreement of the parties as to the work the Contractor is to perform.
Contractor shall be fully and completely liable, at his own expense, for design,
construction, installation and use, or non -use of all items and methods incident to
performance of the contract, and for all loss, damage or injury incident thereto, either
to person or property, including, without limitation, the adequacy of all temporary
supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions
or devices, and similar items or devices used by him during construction.
Any review of work in process, or any visit or observation during construction, or any
clarification of plans and specifications, by the Engineer or Owner, or any agent,
employee, or representative of either of them, whether through personal observation
on the project site or by means of approval of shop drawings for temporary
construction or construction processes, or by other means or method, is agreed by the
Contractor to be for the purpose of observing the extent and nature of work
completed or being perfornied, as measured against the drawings and specifications
constituting the contract, or for the purpose of enabling Contractor to more fully
understand the plans and specifications so that the completed construction work will
conform thereto, and shall in no way relieve the Contractor from full and complete
responsibility for the proper performance of his work on the project, including but
not limited to the propriety of means and methods of the Contractor in performing
said contract, and the adequacy of any designs, plans or other facilities for
accomplishing such performance. Deviation by the Contractor from plans and
specifications that may have been in evidence during any such visitation or
observation by the Engineer, or any of his representatives, whether called to the
contractor's attention or not shall in no way relieve Contractor from his responsibility
to complete all work in accordance with said plans and specifications.
2.08 Contractor's Understanding
It is understood and agreed that the Contractor has, by careful examination, satisfied
himself as to the nature and location of the work, the conformation of the ground,
the character, quality and quantity of the materials to be encountered, the character
of equipment and facilities needed preliminary to and during the prosecution of the
work, the general and local conditions, and all other matters which can in any way
effect the work under this contract. The Contractor agrees that he will make no claim
against the Owner or the Engineer if, in the prosecution of the work, he finds that
the actual site or subsurface conditions encountered do not conform to those
indicated by excavation, test excavation, test procedures, borings, explorations or
other subsurface excavations. No verbal agreement or conversation with any officer,
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agent or employee of the Owner or Engineer either before or after the execution of
this contract, shall affect or modify any of the terms or obligations herein contained.
2.09 Character of Workers
The Contractor agrees to employ only orderly and competent workers, skillful in the
performance of the type of work required under this contract, to do the work; and
agrees that whenever the Engineer shall inform him in writing that any workers on
the work are, in his opinion, incompetent, unfaithful or disorderly, or refuse
instructions from the Engineer in the absence of the Superintendent, such worker
shall be discharged from the work and shall not again be employed on the work
without the Engineer's written consent. No illegal alien may be employed by any
Contractor for work on this project, and a penalty of $500.00 per day will be assessed
for each day and for each illegal alien who works for the Contractor at this project.
2.10 Contractor's Buildings
The building of structures for housing workers, or the erection of tents or other forms
of protection, will be permitted only at such places as the Engineer shall direct, and
the sanitary conditions of the grounds in or about such structures shall at all times be
maintained in a manner satisfactory to the Engineer.
2.11 Sanitation
Necessary sanitary conveniences for the use of laborers on the work, properly
secluded from public observation, shall be constructed and maintained by the
Contractor in such manner and at such points as slW1•be approved by the Engineer,
and their use shall be strictly enforced.
2.12 Shop Drawings
The Contractor shall submit to the Engineer, with such promptness as to cause no
delay in his own work or in that of any other Contractor, four (4) checked copies,
unless otherwise specified, of all shop and /or setting drawings and schedules required
for the work of the various trades, and the Engineer shall pass upon them with
reasonable promptness, making desired corrections. The Contractor shall make any
corrections required by the Engineer, file with him two (2) corrected copies and
furnish such other copies as may be needed. The Engineer's review of such drawings
or schedules shall not relieve the Contractor from responsibility for deviations from
drawings or specifications, unless he has in writing called the Engineer's attention to
such deviations at the time of submission, nor shall it relieve him from responsibility
for errors of any sort in shop drawings or schedules. It shall be the Contractor's
responsibility to fully and completely review all shop drawings to ascertain their effect
on his ability to perform the required contract work in accordance with the plans and
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specifications and within the contract time.
Such review by the Engineer shall be for the sole purpose of determining the general
conformity of said shop drawings or schedules to result in finished improvements in
conformity with the plans and specifications, and shall not relieve the Contractor of
his duty as an independent contractor as previously set forth, it being expressly
understood and agreed that the Engineer does not assume any duty to pass upon the
propriety or adequacy of such drawings or schedules, or any means or methods
reflected thereby, in relation to the safety of either person or property during
Contractor's performance hereunder.
2.13 Preliminary Approval
The Engineer shall not have the power to waive the obligations of this contract for
the furnishing by the Contractor of good material, and of his performing good work
as herein described, and in full accordance with the plans and specifications. No
failure or omission of the Engineer to discover, object to or condemn any defective
work or material shall release the Contractor from the obligations to fully and
properly perform the contract, including without limitations, the obligation to at once
tear out, remove and properly replace the same at any time prior to final acceptance
upon the discovery of said defective work or material; provided, however, that the
Engineer shall, upon`` request of the Contractor, inspect and accept or reject any
material furnished, and in event the material has been once accepted by the
Engineer, such acceptance shall be binding on the Owner, unless it can be clearly
shown that such material furnished does not meet the specifications for this work.
Any questioned work may be ordered taken up or removed for re- examination, by
the Engineer, prior to final acceptance, and if found not in accordance with the plans
and /or specifications for said work, all expense of removing, re- examination and
replacement shall be borne by the Contractor, otherwise the expense thus incurred
shall be allowed as Extra Work, and shall be paid for by the Owner; provided that,
where inspection or approval is specifically required by the specifications prior to
performance of certain work, should the Contractor proceed with such work without
requesting prior inspection or approval he shall bear all expense of taking up,
removing, and replacing this work if so directed by the Engineer.
2.14 Defects and Their Remedies
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It is further agreed that if the work or any part thereof, or any material brought on
the site of the work for use in the work or selected for the same, shall be deemed by
the Engineer as unsuitable or not in conformity with the plans, specifications, or the
intent thereof, the Contractor shall after receipt of written notice thereof from the
Engineer, forthwith remove such material and rebuild or otherwise remedy such work
so that it shall be in full accordance with this contract.
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2.15 Changes and Alterations
The Contractor further agrees that the Owner may make such changes and
alterations as the Owner may see fit, in the line, grade, form, dimensions, plans or
materials for the work herein contemplated, or any part thereof, either before or
after the beginning of the construction, without affecting the validity of this contract
and the accompanying Performance and Payment Bonds.
If such changes or alterations diminish the quantity of the work to be done, they shall
not constitute the basis for a claim for damages, or anticipated profits on the work
that may be dispensed with, except as provided for unit price items under Section 5
"Measurement and Payment ". If the amount of work is increased, and the work can
fairly be classified under the specifications, such increase shall be paid for according
to the quantity actually done and at the unit price, if any, established for such work
under this contract, except as provided for unit price items under Section 5
"Measurement and Payment"; otherwise, such additional work shall be paid for as
provided under Extra Work. In case the Owner shall make such changes or
alterations as shall make useless any work already done or material already furnished
or used in said work, then the Owner shall recompense the Contractor for any
material or labor so used, and for any actual loss occasioned by such change, due to
actual expense incurred in preparation for the work as originally planned.
2.16 Inspectors
The Engineer may provide one (or more) field inspectors at the work site for the
limited purpose of observing the work in progress and reporting back to the Engineer
on the extent, nature, manner and performance of the work so that the Engineer may
more effectively perform his duties hereunder. Such inspectors may also
communicate between Engineer and Contractor their respective reports, opinions,
questions, answers and clarifications concerning the plans, specifications and work but
shall be deemed the agent of the Contractor for all purposes in communicating such
matters.
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Such inspector may confer with the Contractor or Contractor's superintendent
concerning the prosecution of the work and its conformity with the plans and
specifications but shall never be, in whole or part, responsible for, charged with, nor
shall he assume, any authority or responsibility for the means, methods or manner of
completing the work or of the superintendence of the work or of the Contractor's
employees. It is expressly understood and agreed that any such inspector is not
authorized by the Engineer or Owner to independently act for either or answer on
behalf of either, any inquiries of the Contractor concerning the plans, specifications
or work. No inspector's opinion; advice; interpretation of the plans or specifications
of this contract; apparent or express approval of the means, methods or manner of
Contractor's performance of work in progress or completed; or discovery or failure
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to discover or object to defective work of materials shall release Contractor from his
duty to complete all work in strict accordance with the plans and specifications or
stop the Owner or Engineer ,from requiring that all work be fully and properly
performed including, if necessary,' removal of defective or otherwise unacceptable
work and the re -doing of such work.
3. General Obligations and Responsibilities
3.01 Keeping of Plans and Specifications Accessible
The Engineer shall furnish the Contractor with an adequate and reasonable number
of copies of all plans and specifications without expense to him and the Contractor
shall keep one (1) copy of the same constantly accessible on the work, with the latest
revisions noted thereon.
3.02 Ownership of Drawings
3.03 Adequacy of Design
3.04 Right of Entry
The Owner reserves the right to enter the property or location of which the works
herein contracted for are to be constructed or installed, by such agent or agents as
he may elect, for the purpose of inspecting the work, or for the purpose of
constructing or installing such collateral work as said Owner may desire.
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All drawings, specifications and copies thereof furnished by the Engineer shall not be
reused on other work, and, with the exception of the signed contract sets, are to be
returned to him on - request, at the completion of the work. All models are the
property of the Owner.
It is understood that the Owner believes it has employed competent engineers and
designers. It is therefore agreed that the Owner shall be responsible for the
adequacy of the design, sufficiency of the Contract Documents, the safety of the
structure and the practicability of the operations of the completed project; provided
the Contractor has complied with the requirements of the said Contract Documents,
all approved modifications thereof, and additions and alterations thereto approved
in writing by the Owner. The burden of proof of such compliance shall be upon the
Contractor to show that he has complied with the said requirements of the Contract
Documents, approved modification thereof and all approved additions and alterations
thereto.
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3.05 Collateral Contracts
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The Owner agrees to provide by separate contract or otherwise, all labor and
material essential to the completion of the work specifically excluded from this
contract, in such manner as not to delay the progress of the work, or damage said
Contractor, except where such delays are specifically mentioned elsewhere in the
Contract Documents. The Owner will attempt to coordinate the collateral work of
utility companies regulated by City franchises, but the City shall not be responsible
for delays or other damages to the Contractor which may result from their acts or
omissions.
3.06 Discrepancies and Omissions
The Contractor shall provide written notice to the Engineer of any omissions or
discrepancies found in the contract. It is further agreed that it is the intent of this
contract that all work must be done and all material must be furnished in accordance
with the generally accepted practice for construction, and in the event of any
discrepancies between the separate contract documents, the priority of interpretation
defined under "Contract Documents" shall govern. In the event that there is still any
doubt as to the meaning and intent of any portion of the contract, specifications or
drawings, the Engineer shall define which is intended to apply to the work.
3.07 Equipment, Materials and Construction Plant
The Contractor shall be responsible for the care, preservation, conservation, and
protection of all materials, supplies, machinery, equipment, tools, apparatus,
accessories, facilities, all means of construction, and any and all parts of the work,
whether the Contractor has been paid, partially paid, or not paid for such work, until
the entire work is completed and accepted.
3.08 Damages
In the event the Contractor is damaged in the course of completion of the work by
the act, neglect, omission, mistake or default of the Owner or Engineer, thereby
causing loss to the Contractor, the Owner agrees that he will reimburse the
Contractor for such loss. In the event the Owner is damaged in the course of the
work by the act, negligence, omission, mistake or default of the Contractor, or should
the Contractor unreasonably delay the progress of the work being done by others on
the job so as to cause loss for which the Owner becomes liable, then the Contractor
shall reimburse the Owner for such loss.
3.09 Protection Against Accident to Employees and the Public
The Contractor shall at all times exercise reasonable precautions for the safety of
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employees and others on or near the work and shall comply with all applicable
provisions of Federal, State, And Municipal safety laws and building and construction
codes. All machinery and equipment and other physical hazards shall be guarded in
accordance with the "Manual of Accident Prevention in Construction" of the
Associated General Contractors of America except where incompatible with Federal,
State, or Municipal laws or regulations. The Contractor shall provide such machinery
guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The
safety precautions actually taken and their adequacy shall be the sole responsibility
of the Contractor, acting at his discretion as an independent contractor.
In the event there is an accident involving injury to any individual on or near the
work, the Contractor shall immediately notify the Owner and Engineer of the event
and shall be responsible for recording the location of the event and the circumstances
surrounding the event through photographs, interviewing witnesses, obtaining of
medical reports and other documentation that defines the event. Copies of such
documentation shall be provided to the Owner and the Engineer for their records.
3.10 Performance and Payment Bonds
Unless otherwise specified, it is further agreed by the Parties to the Contract that the
Contractor will execute, separate performance and payment bonds, each in the sum
of one hundred (100%) percent of the total contract price, in standard forms for this
purpose, guaranteeing faithful performance of the work and the fulfillment of any
guarantee required, And further guaranteeing payment to all persons supplying labor
and materials or furnishing him any equipment in the execution of the Contract. If
the contract price is less that $50,000.00, a letter of credit may be furnished in lieu
of a performance bond. It is agreed that the Contract shall not be in effect until such
performance bond or letter of credit, and payment bond are furnished and approved
by the owner.
Unless otherwise specified, the cost of the premium for the performance bond or
letter of credit, and payment bond shall be included in the price bid by the
Contractor for the work under this Contract, and no extra payment for such bond or
letter of credit will be made by the Owner.
Unless otherwise approved in writing by the Owner, the surety company underwriting
the bonds or letter of credit shall be acceptable according to the latest list of
companies holding certificates of authority from the Secretary of the Treasury of the
United States and shall be licensed to write such bonds or letters of credit in the
State of Texas.
3.11 Losses from Natural Causes
Unless otherwise specified, all loss or damage to the Contractor arising out of the
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nature of the work to be done, or from the action of the elements, or from any
unforeseen circumstance in the prosecution of the same, or from unusual obstructions
or difficulties which may be encountered in the prosecution of the work, shall be
sustained and borne by the Contractor at his own cost and expense. 1
3.12 Protection of Adjoining Property
The said Contractor shall take proper means to protect the adjacent or adjoining
property or properties in any way encountered, which might be injured or seriously
affected by any process of construction to be undertaken under this Agreement, from
any damage or injury by reason of said process of construction; and he shall be liable
for any and all claims for such damage on account of his failure to fully protect all
adjoining property. The Contractor agrees to indemnify, save and hold harmless the
Owner and Engineer against any claim or claims for damages due to any injury to any
adjacent or adjoining property, arising or growing out of the performance of the
contract regardless of whether or not it is caused in part by a party indemnified
hereunder, but any such indemnity shall not apply to any claim of any kind arising
solely out of the existence or character of the work.
3.13 Protection Against Claims of Subcontractors, Laborers, Materialmen and
Furnishers of Machinery, Equipment and Supplies
The Contractor agrees that he will indemnify and save the Owner and Engineer
harmless from all claims growing out the lawful demands of Subcontractors, laborers,
workers, 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 by the Owner,
Contractor shall furnish satisfactory evidence that all obligations of the nature
hereinabove designated have been paid, discharged or waived. If the Contractor fails
to do so, then the Owner may at the option of the Contractor either pay directly any
unpaid bills, of which the Owner has written notice, or withhold from the
Contractor's unpaid compensation a sum of money deemed reasonably sufficient to
liquidate any and all such lawful claims until satisfactory evidence is furnished that
all liabilities have been fully discharged, whereupon payments to the Contractor shall
be resumed in full, in accordance with the terms of this contract, but in no event shall
the provisions of this sentence be construed to impose any obligation upon the Owner
by either the Contractor or his Surety.
3.14 Protection Against Royalties or Patented Invention
The Contractor shall pay all royalties and license fees, and shall provide for the use
of any design, device, material or process covered by letter patent or copyright by
suitable legal agreement with the patentee or owner. The contractor shall defend all
suits or claims for infringement of any patent or copyright rights and shall indemnify
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1 and save the Owner and Engineer harmless from any loss on account thereof, except
that the Owner shall defend all such suits and claims and shall be responsible for all
such loss when a particular design, device, material or process or the product of a
particular manufacturer or manufacturers is specified or required by the Owner;
provided, however, if choice of alternate design, device, material or process is allowed
to the Contractor, then Contractor shall indemnify and save Owner harmless form
any loss on account thereof. If the material or process specified or required by the
Owner is known by the Contractor to be an infringement, the Contractor shall be
responsible for such loss unless he promptly gives such information to the Owner.
1 3.15 Laws and Ordinances
' The Contractor shall at all times observe and comply with all Federal, State and local
laws, ordinance and regulations, which in any manner affect the contract or the work,
and shall indemnify and save harmless the Owner and Engineer against any claim
1 arising from the violation of any such laws, ordinances, and regulations whether by
the Contractor or his employees, except where such violations are called for by the
provisions of the Contract Documents. If the Contractor observes that the plans and
' specifications are at variance therewith, he shall promptly notify the Engineer in
writing, and any necessary changes shall be prepared as provided in the contract for
changes in the work. I the Contractor performs any work knowing it to be contrary
' to such laws, ordinances, rules and regulations, and without such notice to the
Engineer, he shall bear all costs arising therefrom. In case the Owner is a body
politic and corporate, the law from which it derives its powers, insofar as the same
1 regulates the objects for which, or the manner in which, or the conditions under
which the Owner may enter into contract, shall be controlling, and shall be
considered as part of this contract, to the same effect as though embodied herein.
' 3.16 , Assignment and Subletting
The Contractor further agrees that he will retain personal control and will give his
personal attention to the fulfillment of this contract and that he will not assign by
' Power of Attorney, or otherwise, or sublet said contract without the written consent
of the Engineer, and that no part or feature of the work will be sublet to anyone
objectionable to the Engineer or the Owner. The Contractor further agrees that the
' subletting of any portion or feature of the work, or materials required in the
performance of this contract, shall not relieve the Contractor from his full obligations
to the Owner, as provided by this Agreement.
' 3.17 Indemnification
' The Contractor shall defend, indemnify and hold harmless the Owner and the
Engineer and their respective officers, agents and employees, from and against all
damages, claims, losses, demands, suits, judgements and costs, including reasonable
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attorneys' fees and expenses, arising out of or resulting from the performance of the
work, provided that any such damages, claim, loss, demand, suit, judgment, cost or
expense:
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1. Is attributable to bodily injury, sickness, disease or death to any person
including Contractor's employees and any Subcontractor's employees and any
Sub - Subcontractor's employees or to injury to or destruction of tangible
property including Contractor's property (other than the work itself) and the
property of any Subcontractor of Sub - Subcontractor including the loss of use
resulting therefrom; and,
2. Is caused in whole or in part by any intentional or negligent act or omission
of the Contractor, any Subcontractor, any Sub - subcontractor or anyone directly
or indirectly employed by any one of them or anyone for whose acts any of
them may be liable, regardless of whether or not it is caused in part by a party
indemnified hereunder.
The obligation of the Contractor under this Paragraph shall not extend to the liability
of the Engineer, his agents or employees arising out of the preparation of maps,
plans, reports, surveys, Change Orders, designs or specifications, or the approval of
maps, plans, reports, surveys, Change Orders, designs or specifications or the issuance
of or the failure to give directions or instructions by the Engineer, his agents or
employees, provided such is the sole cause of the injury or damage.
In any and all claims against the Owner or the Engineer or any of their agents or
employees by any employee of the Contractor, any Subcontractor, any Sub -
Subcontractor, anyone directly or indirectly employed by any of them or anyone for
whose acts any of them may be liable, the indemnification obligation under Paragraph
3.17 shall not be limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for the Contractor or any
Subcontractor or Sub - Subcontractor under workmen's compensation acts, disability
benefit acts or other employee benefit acts.
3.18 Insurance
The Contractor shall carry insurance as follows for the duration of this contract.
A. Statutory Workmen's Compensation.
B. Comprehensive General Liability Insurance with minimum Bodily Injury limits
of $300,000 for each occurrence including like coverage for acts and omissions
of Subcontractors and contractual liability coverage.
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C. Property Damage Insurance with minimum limits of $50,000 for each
occurrence including like coverage for acts and omissions of Subcontractors
and contractual liability coverage.
D. Automobile Liability Insurance for all owned, non - owned, and hired vehicles
with minimum limits for Bodily Injury of $100,000 for each person and
$300,000 for each occurrence and Property Damage minimum limits of
$50,000 for each occurrence. Contractor shall require subcontractors to
provide Automobile Liability Insurance with same minimum limits.
The Contractor shall not commence work at the site under this contract until he has
obtained all required insurance and until such insurance has been approved by the
Owner and Engineer. The Contractor shall not allow any Subcontractors to
commence work until all insurance required has been obtained and approved.
Approval of the insurance by the Owner and Engineer shall not relieve or decrease
the liability of the contractor hereunder.
The required insurance must be written by a company licensed to do business in
Texas at the time the policy is issued. In addition, the company must be acceptable
to the Owner and all insurance (other than Workmen's compensation) shall be
endorsed to include the Owner as an additional insured thereunder.
The Contractor shall not cause any insurance to be cancelled nor permit any
insurance to lapse. All insurance certificates shall include a clause to the effect that
the policy shall not be cancelled or reduced, restricted or limited until ten (10) days
after the Owner has received written notice as evidenced by return receipt of
registered or certified letter. Certificates of Insurance shall contain transcripts from
the proper office of the insurer, evidencing in particular those insured, the extent of
the insurance, the location and the operations to which the insurance applies, the
expiration date, and the above mentioned notice of cancellation clause.
3.19 Final Clean -up
Upon the completion of the work and before acceptance and final payment will be
made, the Contractor shall clean and remove from the site of the work, surplus and
discarded materials, temporary structures and debris of every kind. He shall leave
the site of the work in a neat and orderly condition at least equal to that which
originally existed. Surplus and waste materials removed from the site of the work
shall be disposed of at locations satisfactory to the Engineer.
In the event Contractor fails or refuses to clean and remove surplus materials and
debris as above provided, the Owner or Engineer may do so, or cause same to be
done, at the Contractor's expense and the reasonable cost thereof shall be deducted
from the final payment.
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3.20 Guarantee Against Defective Work
The contractor warrants the materials and workmanship and that the work is in
conformance with the plans and specifications included in this contract for a period
of one year from the date of acceptance of the project. Said warranty binds the
contractor to correct any work that does not conform with such plans and
specifications or any defects in workmanship or materials furnished under this
contract which may be discovered within the said one year period. The Contractor
shall at his own expense correct such defect within thirty days after receiving written
notice of such defect from the Owner or Engineer by repairing same to the condition
called for in the contract documents and plans and specifications. Should the
Contractor fail or refuse to repair such defect within the said thirty day period or to
provide acceptable assurances that such repair work will be completed within a
reasonable time thereafter, the Owner may repair or cause to be repaired any such
defect at the Contractor's expense.
3.21 Testing of Materials
Unless otherwise specified, testing of all materials to be incorporated into the project
will be as directed by the Engineer at the expense of the Owner. All retesting for
work rejected on the basis of test results will be at the expense of the Contractor and
the extent of the retesting shall be determined by the Engineer. The Engineer may
require additional testing for failing tests and may require two passing retests before
acceptance will be made by the Owner. The testing laboratory will be designated by
the Owner.
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All materials to be incorporated into the project must 'meet the requirements of these
specifications. For manufactured materials such as reinforcing steel, expansion joint
materials, concrete pipe, cement, miscellaneous steel, cast iron materials, etc., the
Contractor will be required to furnish a manufacturer's certificate stating that the
material meets the requirements specified for this project.
4. Prosecution and Progress
4.01 Time and Order of Completion
It is the meaning and intent of this contract, unless otherwise herein specifically
provided, that the 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 the
time of prosecution shall be such that the work shall be substantially completed as
a whole and in part, in accordance with this contract, the plans and specifications,
GC -19
and within the time of completion designated in the Bid: provided, also, that when
the Owner is having other work done, either by contract or by his own force, the
Engineer may direct the time and manner of constructing the work done under this
contract, so that conflict will be avoided and the construction of the various works
being done for the Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the
Engineer, schedules which shall show the order in which the Contractor proposes to
carry on the Work, with dates at which the Contractor will start the several parts of
the work, and estimated dates of completion of the several parts.
4.02 Extension of Time
Should the Contractor be delayed in the completion of the work by any act or neglect
of the Owner or Engineer, or of any employee of either, or by other contractors
employed by the Owner, or by changes ordered in the work, or by strikes, lockouts,
fires, and unusual delays by common carriers, or 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 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 prompt
notice in writing of the cause of such delay. Adverse weather conditions will not be
justification for extension of time on "Calendar Days" contracts.
4.03 Hindrances and Delays
5. Measurement and Payment
5.01 Quantities and Measurements
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No claims shall be made by the Contractor for damages resulting from hindrances or
delays from any cause (except where the work is stopped by order of and for the
convenience of the Owner) during the progress of any portion of the work embraced
in this contract. In case said work shall be stopped by the act of the Owner, then
such expense as in the judgment of the Engineer is caused by such stoppage of said
work shall be paid by the Owner to the Contractor.
No extra or customary measurements of any kind will be allowed, but the actual
measured and /or computed length, area, solid contents, number and weight only shall
be considered, unless otherwise specifically provided.
GC -20
5.02 Estimated Quantities
gcncond.maUspec
This agreement, including the specifications, plans and estimate, is intended to show
clearly all work to be done and material to be furnished hereunder. Where the
estimated quantities are shown for the various classes of work to be done and
material to be furnished under this contract, they are approximate and are to be used
only as a basis for estimating the probable cost of the work and for comparing the
bids offered for the work. It is understood and agreed that the actual amount of
work to be done and material to be furnished under this contract may differ
somewhat from these estimates, and that where the basis for payment under this
contract is the unit price method, payment shall be for the actual amount of such
work done and material furnished.
Where payment is based on the unit price method, the Contractor agrees that he will
make no claim for damages, anticipated profits or otherwise on account of any
differences which may be found between the quantities of work actually done, the
material actually furnished under this contract and the estimated quantities
contemplated and contained in the bid; provided, however, that in case the actual
quantity of any major item should become as much as 20% more than, or 20% less
than the estimated or contemplated quantity for such items, then either party to this
Agreement, upon demand, shall be entitled to revised consideration upon the portion
of the work above or below 20% of the estimated quantity.
A "Major Item" shall be construed to be any individual bid item incurred in the bid
that has a total cost equal to or greater that five (5) percent of the total contract cost,
computed on the basis of the bid quantities and thg•eontract unit prices.
Any revised consideration is to be determined by agreement between the parties,
otherwise by the terms of this Agreement, as provided under "Extra Work ".
5.03 Price of Work
In consideration of the furnishing of all the necessary labor, equipment and material,
and the completion of all work by the Contractor, and on the completion of all work
and on the delivery of all material embraced in this Contract in full conformity with
the specifications and stipulations herein contained, the Owner agrees to pay the
Contractor the prices set forth in the Bid hereto attached, which is made a part of
this contract. The Contractor hereby agrees to receive such prices in full for
furnishing all material and all labor required for the aforesaid work, also for all
expense incurred by him, and for well and truly performing the same and the whole
thereof in the manner and according to this Agreement.
GC-21
5.04 Partial Payments
gencond.msVspec
Based upon Application for Payment submitted to the Engineer by the Contractor
and Certificates for Payment issued by the Engineer (the Engineer shall examine and
approve or modify and approve said Applications for Payment), the Owner shall
make progress payments on account of the Contract Sum to the Contractor as
provided below and elsewhere in the Contract:
1. The period covered by each Application for Payment shall be for a period of
one (1) month up to and including the twenty-fifth (25th) day of the month
preceding the month in which payment will be made.
2. All Applications for Payment will be presented to the City Council for
approval on the second Thursday of each month.
3. All Applications for Payment will be submitted to the Engineer for approval
no later than the Tuesday of the week prior to the scheduled meeting of the
City Council.
4. Payment will normally be made the Friday of the week following the week of
the scheduled ingeting of the City Council.
Unless otherwise provided in the Contract Documents, each Application for
Payment shall be based upon the schedule of values submitted by the
Contractor in accordance with the Contract Documents. The schedule of
values shall allocate the entire Contract Sum among the various portions of
the Work and be prepared in such form as provided for in the Contract
Documents.
Subject to the provisions of the Contract Documents, the amount of each
progress payment shall be normally computed as follows:
1. Take that portion of the Contract Sum properly allocable to completed
Work as determined by multiplying the percentage completion of each
portion of the Work by the share of the total Contract Sum allocated
to that portion of the Work in the schedule of values, less retainage of
ten percent (10 %).
2. Add that portion of the contract properly allocable to materials and
equipment and suitably stored at the site for subsequent incorporation
in the completion of the project, or as otherwise provided for in the
Contract Documents, less ten percent (10 %) retainage.
GC -22
geacond.msUspec
3. Subtract the aggregate of previous payments made by the Owner and
any other additions or deletions as provided for in the Contract
Documents.
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, and Owner may - upon written recommendation
of the Engineer - pay a reasonable and equitable portion of the retained
percentage to the Contractor; or the Contractor at the Owner's option, may
be relieved of the obligation to fully complete the work and, thereupon, the
Contractor shall receive payment of the balance due him under the contract
subject only to the conditions stated under "Final Payment".
5.05 Use of Completed Portions
The Owner shall have the right to take possession of and use any completed or
partially completed portions of the work, notwithstanding the time for completing the
entire work or such portions may not have expired but such taking possession and use
shall not be deemed an acceptance of any work not completed in accordance with
the Contract Documents. If such prior use increases the cost of or delays the work,
the Contractor shall be entitled to such extra compensation, or extension of time, or
both, as the Engineer may determine.
The Contractor shall notify the Engineer when, in the Contractor's opinion, the
contract is "substantially completed" and when so notifying the Engineer, the
Contractor shall furnish to the Engineer in writing a detailed list of unfinished work.
The Engineer will review the Contractor's list of unfinished work and will add thereto
such items as the Contractor has failed to include. The "substantial completion" of
the structure or facility shall not excuse the Contractor from performing all of the
work undertaken, whether of a minor or major nature, and thereby completing the
structure or facility in accordance with the Contract Documents.
5.06 Final Completion and Acceptance
Within ten (10) days after the Contractor has given the Engineer written notice that
the work has been completed, or substantially completed, the Engineer and the
Owner shall inspect the work and within said time, if the work be found to be
completed in accordance with the Contact Documents, the Engineer shall issue to the
Owner and the Contractor his Certificate of Completion, and thereupon it shall be
the duty of the Owner to issue a Certificate of Acceptance of the work to the
Contractor or to advise the Contractor in writing of the reason for non - acceptance.
GC -23
5.07 Final Payment
Neither the Certificate of Acceptance nor the final payment, nor any provision in the
Contract Documents, shall relieve the Contractor of the obligation for fulfillment of
any warranty which may be required.
5.08 Payments Withheld
The Owner may, on account of subsequently discovered evidence, withhold or nullify
the whole or part of any certificate to such extent as may be necessary to protect
himself from loss on dctount of:
a) Defective work not remedied or other obligations hereunder not done.
b) Claims filed or reasonable evidence indicating probable filing of claims.
c) Failure of the Contractor to make payments properly to subcontractors or for
material or labor.
d) Damage to the Owner or another contractor's work, material or equipment.
e) Reasonable doubt that the work can be completed for the unpaid balance of
the contract amount.
gencond.mst/spec
Upon the issuance of the Certificate of Completion, the Engineer shall proceed to
make final measurements and prepare final statement for the value of all work
performed and materials furnished under the terms of the Agreement and shall
certify same to the Owner.
The Application for Final Payment will be submitted to the City Council for approval
on the second Thursday of the month immediately following the receipt of the
Application for Final Payment. Payment will normally be made the Friday of the
week following the week of the scheduled meeting of the City Council.
f) Reasonable indication that the work will not completed within the contract
time.
g) Other causes affecting the performance of the contract.
When the above grounds are removed or the Contractor provides a Surety Bond
satisfactory to the Owner, which will protect the Owner in the amount withheld,
payment shall be made for amounts withheld because of them.
GC -24
5.09 Delayed Payments
gcncond.mst/spec
Should the Owner fail to make payment to the Contractor of the sum named in any
partial or final statement, when payment is due, then the Owner shall pay to the
Contractor, in addition to the sum shown as due by such statement, interest thereon
at the rate of 6% per annum, unless otherwise specified, from date due as provided
under 'partial payments' and final 'payments,' until fully paid, which shall fully
liquidate any injury to the Contractor growing out of such delay in payment. It is
expressly agreed that delay by the Owner in making payment to the Contractor of the
sum named in any partial or final statement shall not constitute a breach of this
contract on the part of the Owner nor an abandonment thereof nor shall it to any
extent or for any time relieve the Contractor of his obligations to fully and completely
perform hereunder.
6. Extra Work and Claims
6.01 Change Orders
Without invalidating this Agreement, the Owner may, at any time or from time to
time, order additions, deletions or revisions to the work; such changes will be
authorized by Change Order to be prepared by the Engineer for execution by the
Owner and the Contractor. The Change Order shall set forth the basis for any
change in contract price, as hereinafter set forth for Extra Work, and any change in
contract time which may result from the change.
In the event the Contractor shall refuse to execute a Change Order which has been
prepared by the Engineer and executed by the Owner, The Engineer may in writing
instruct the Contractor to proceed with the work as set forth in the Change Order
and the Contractor may make claim against the Owner for Extra Work involved
therein, as hereinafter provided.
6.02 Minor Changes
The Engineer may authorize minor changes in the work not inconsistent with the
overall intent of the Contract Documents and not involving an increase in Contract
Price. If the Contractor believes that any minor change or alteration authorized by
the Engineer involves Extra Work and entitles him to an increase in the Contract
Price, the Contractor shall make written request to the Engineer for a written Field
Order.
In such case, the Contractor by copy of his communication to the Engineer or
otherwise in writing shall advise the Owner of his request to the Engineer for a
GC -25
written Field Order and that work involved may result in an increase in the Contract
Price.
Any request by the Contractor for a change in Contract Price shall be made prior to
beginning the work covered by the proposed change.
6.03 Extra Work
gen cand.mst/e pcc
It is agreed that the basis of compensation to the Contractor for work either added
or deleted by a Change Order or for which a claim for Extra Work is made shall be
determined by the unit prices upon which this contract was bid to the extent such
work can be fairly classified within the various work item descriptions and for work
items that cannot be so classified by one or more of the following methods:
Method (A)
By agreed unit prices; or
Method (B)
By agreed lump sum; or
Method (C)
If neither Method (A) nor Method (B) be agreed upon before the
Extra Work is commenced, then the Contractor shall be paid the
"actual field cost" of the work, plus fifteen (15) percent.
In the event said Extra Work be performed and paid for under Method (C), then the
provisions of this paragraph shall apply and the "actual field cost" is hereby defined
to include the cost to the Contractor of all workmen, such as foreman, timekeepers,
mechanics and laborers, and materials, supplies, trucks, rentals on machinery and
equipment, for the time actually employed or used on such Extra Work, plus actual
equipment, for the time actually employed or used on such Extra Work, plus actual
transportation charges necessarily incurred, together with all power, fuel, lubricants,
water and similar operating expenses, also all necessary incidental expenses incurred
directly on account of such Extra Work, including Social Security, Old Age Benefits
and other payroll taxes, and, a rateable proportion of premiums on Performance and
Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and
Workmen's Compensation, and all other insurance as may be required by any law or
ordinance, or directed by the Owner, or by them agreed to. The Engineer may direct
the form in which accounts of the "actual field cost" shall be kept and the records of
these accounts shall be made available to the Engineer. The Engineer or Owner may
also specify in writing, before the work commences, the method of doing the work
GC -26
gencond.msl/spec
and the type and kind of machinery and equipment to be used; otherwise these
matters shall be determined by the Contractor. Unless otherwise agreed upon, the
prices for the use of machinery and equipment shall be determined by using 100 per
cent, unless otherwise specified, of the latest schedule of Equipment Ownership
Expense adopted by the Associated General Contractors of America. Where
practicable the terms and prices for the use of machinery and equipment shall be
incorporated in the Written Extra Work Order. The fifteen (15 %) percent 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 account of such Extra Work; then the cost to maintain and operate the
same shall be included in the "actual field cost"
No claim for Extra Work of any kind will be allowed unless ordered in writing by the
Engineer. In case any orders or instructions, either oral or written, appear to the
Contractor to involve Extra Work for which he should receive compensation or an
adjustment in the construction time, he shall make written request to the Engineer
for written order authorizing such Extra Work. Should a difference of opinion arise
as to what does or does not constitute Extra Work, or as to the payment therefor,
and the Engineer insists upon its performance, the Contractor shall proceed with the
work after making written request for written order and shall keep an accurate
account of the "actual field cost" thereof, as provided under Method (C). The
Contractor will thereby preserve the right to submit the matter of payment to
arbitration, as hereinbelow provided.
6.04 Time of Filing Claims
It is further agreed by both parties hereto that all questions of dispute or adjustment
presented by the Contractor shall be in writing and filed with the Engineer within
thirty (30) days after the Engineer has given any directions, order or instruction to
which the Contractor desires to take exception. The Engineer shall reply within thirty
(30) days to such written exceptions by the Contractor and render his final decision
in writing. In case the Contractor should appeal from the Engineer's decision, any
demand for arbitration shall be filed with the Engineer and the Owner in writing
within ten (10) days after the date of delivery to Contractor of the Engineer's final
decision. It is further agreed that final acceptance of the work by the Owner and the
acceptance by the Contractor of the final payment shall be a bar to any claims by
either party, except claims by Owner for defective work or enforcement of warranties
and except as noted otherwise in the contract documents.
6.05 Continuing Performance
The Contractor shall continue performance of the contract during all disputes or
GC -27
disagreements with the Owner. The production or delivery of goods, the furnishing
of services and the construction of projects or facilities shall not be delayed,
prejudiced or postponed pending resolution of any disputes or disagreements, except
as the Owner may otherwise agree in writing.
6.06 Arbitration
gencond.met/epec
All questions of dispute under this Agreement shall be submitted to arbitration at the
request of either party to the dispute. The parties may agree upon one arbiter,
otherwise, there shall be three, one named in writing by each party, and the third
chosen by the two arbiters so selected; or if the arbiters fail to select a third within
ten (10) days, he shall be chosen by a District Judge serving the County in which the
major portion of the project is located, unless otherwise specified. Should the party
demanding arbitration fail to name an arbiter within ten (10) days of the demand, his
right to arbitrate shall lapse, and the decision of the Engineer shall be final and
binding on him. Should the other party fail to choose an arbiter within ten (10) days,
the Engineer shall appoint such arbiter. Should either party refuse or neglect to
supply the arbiters with any papers or information demanded in writing, the arbiters
are empowered by both parties to take ex parte proceedings.
The arbiters shall act -with promptness. The decision of any two shall be binding on
both parties to the contract. The decision of the arbiters upon any questions
submitted to arbitration under this contract shall be a condition precedent to any
right of legal action. The decision of the arbiter or arbiters may be filed in court to
carry it into effect.
The arbiters, if they deem the case demands it, are authorized to award the party
whose contention is sustained, such sums as they deem proper for the time, expense
and trouble incident to the appeal, and if the appeal was taken without reasonable
cause, they may award damages for any delay occasioned thereby. The arbiters shall
fix their own compensation unless otherwise provided by agreement, and shall assess
the cost and charges of the arbitration upon either or both parties. The award of the
arbiters must be made in writing.
7. Abandonment of Contract
7.01 Abandonment by Contractor
In case the Contractor should abandon and fail or refuse to resume work within ten
(10) days after written notification from the Owner, or the Engineer, or if the
Contractor fails to comply with the orders of the Engineer, when such orders are
consistent with the Contract Documents, then, and in that case, where performance
GC -28
gen
and payment bonds exist, the Sureties on these bonds shall be notified in writing and
directed to complete the work, and a copy of said notice shall be delivered to the
Contractor.
After receiving said notice of abandonment the Contractor shall not remove from the
work any 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
be held for use on the work by the Owner or the Surety on the performance bond,
or another contractor in completion of the work; and the Contractor shall not receive
any rental or credit therefor (except when used in connection with Extra Work, where
credit shall be allowed as provided for under Section 6, Extra Work and Claims), it
being understood that the use of such equipment and materials will ultimately reduce
the cost to complete the work and be reflected in the final settlement.
Where there is no performance bond provided or in case the Surety should fail to
commence compliance with the notice for completion hereinbefore provided for,
within ten (10) days after service of such notice, then the Owner may provide for
completion of the work in either of the following elective manners:
(1) The Owner may thereupon employ such force of men and use such
machinery, equipment, tools, materials and supplies as said Owner may
deem necessary to complete the work and charge the expense of such
labor, machinery, equipment, tools, materials and supplies to said
Contractor, and expense so charged shall be deducted and paid by the
Owner out of such moneys as may be due, or that may thereafter at
any time become due to the Contractor under and by virtue of this
Agreement. In case such expense isless than the sum which would
have been payable under this contract, if the same had been completed
by the Contractor, then said Contractor shall receive the difference.
In case such expense is greater than the sum which would have been
payable under this contract, if the same had been completed by said
Contractor, then the Contractor and /or his Surety shall pay the amount
of such excess to the Owner, or
(2) The Owner under competitive bids, taken after notice published as
required by law, may let the contract for the completion of the work
under substantially the same terms and conditions which are provided
in this contract. In case there is any increase in cost to the Owner
under the new contract as compared to what would have been the cost
under this contract, such increase shall be charged to the Contractor
and the Surety shall be and remain bound therefor. However, should
the cost to complete any such contract prove to be less than would
have been the cost to complete under this contract, the Contractor
and /or his Surety shall be credited therewith.
GC -29
When the work shall have been substantially completed the Contractor and his Surety
shall be so notified and Certificates of Completion and Acceptance, as provided in
Paragraph 5.06 hereinabove, shall be issued. A complete itemized statement of the
contract accounts, certified to by the Engineer as being correct, shall then be
prepared and delivered to the Contractor and his Surety, whereupon the Contractor
and /or his Surety, or the Owner as the case may be, shall pay the balance due as
reflected by said statement, within fifteen (15) days after the date of such Certificate
of Completion.
In the event the statement of accounts shows that the cost to complete the work is
less than that which would have been the cost to the Owner had the work been
completed by the Contractor under the terms of this contract; or when the
Contractor and /or his Surety shall pay the balance shown to be due by them to the
owner, then all machinery, equipment, tools, materials or supplies left on the site of
the work shall be turned over to the Contractor and /or his Surety. Should the cost
to complete the work exceed the contract price, and the Contractor and /or his Surety
fail to pay the amount due the Owner within the time designated hereinabove, and
there remains any machinery, equipment, tools, materials or supplies on the site of
the work, notice thereof, together with an itemized list of such equipment and
materials, shall be mailed to the Contractor and his Surety at the respective addresses
designated in this contravt,'provided, however, that actual written notice given in any
manner will satisfy this condition. After mailing, or other giving of such notice, such
property shall be held at the risk of the Contractor and his Surety subject only to the
duty of the Owner to exercise ordinary care to protect such property. After fifteen
(15) days from the date of said notice the Owner may sell such machinery,
equipment, tools, materials or supplies and apply the net sum derived from such sale
to the credit of the Contractor and his Surety. Such sale may be made at either
public or private sale, with or without notice, as the Owner may elect. The Owner
shall release any machinery, equipment, tools, materials, or supplies, which remain
on the work, and belong to persons other than the Contractor or his Surety, to their
proper owners. The books on all operations provided herein shall be opened to the
Contractor and his Surety.
7.02 Abandonment by Owner
gencond.methpec
In case the Owner shall fail to comply with the terms of this contract, and should fail
to comply with said terms within ten (10) days after written notification by the
Contractor, then the Contractor may suspend or wholly abandon the work, and may
remove therefrom all machinery, tools and equipment, and all materials on the site
of work that have not been included in payments to the Contractor and have not
been wrought into the work. And thereupon the Engineer shall make an estimate
of the total amount earned by the Contractor, which estimate shall include the value
of all work actually completed by said Contractor (at the prices stated in the attached
bid where unit prices are used), the value of all partially completed work at a fair and
GC -30
equitable price, and the amount of all Extra Work performed at the prices agreed
upon, or provided for by the terms of this contract, and a reasonable sum to cover
the cost of any provisions made by the Contractor to carry the whole work to
completion and which cannot be utilized. The Engineer shall then make a fmal
statement of the balance due the Contractor by deducting from the above estimate
all previous payments by the Owner and all other sums that may be retained by the
Owner under the terms of this Agreement and shall certify same to the Owner who
shall pay to the Contractor on or before thirty (30) days after the date of the
notification by the Contractor the balance shown by said final statement as due the
Contractor, under the terms of this Agreement.
8. Subcontractors
8.01 Award of Subcontracts for Portions of the Work
gencond.mst/spec
Unless otherwise specified in the Contract Documents or in the Instructions to
Bidders, the Contractor, as soon as practicable after the award of the Contract, shall
furnish to the Engineer in writing for acceptance by the Owner and the Engineer a
list of the names of the Subcontractors proposed for the principal portions of the
work. The Engineer shall promptly notify the Contractor in writing if either the
Owner or the Engineer, after due investigation, has reasonable objection to any
Subcontractor on such list and does not accept him. Failure of the Owner or
Engineer to make objection promptly to any Subcontractor on the list shall constitute
acceptance of such Subcontractor.
The Contractor shall not contract with any Subcontractor or any person or
organization (including those who are to furnish materials or equipment fabricated
to a special design) proposed for portions of the work designated in the Contract
Documents or in the Instructions to Bidders or, if none is so designated, with any
Subcontractor proposed for the principal portions of the work who has been rejected
by the Owner and the Engineer. The Contractor will not be required to contract with
any Subcontractor or person or organization against whom he has a reasonable
objection.
If the Owner or Engineer refuses to accept any Subcontractor or person or
organization on a list submitted by the Contractor in response to the requirements
of the Contract Documents or the Instructions to Bidders, the Contractor shall submit
an acceptable substitute and the Contract amount shall be increased or decreased by
the difference in cost occasioned by such substitution and an appropriate change
order shall be issued; however, no increase in the Contract amount shall be allowed
for any such substitution unless the Contractor has acted promptly and responsively
in submitting for acceptance any list or lists of names as required by the Contract
Documents or the Instructions to Bidders.
GC -31
gencond.msl/spec
If the Owner or the Engineer requires a change of any proposed Subcontractor or
person or organization previously accepted by them, the Contract amount shall be
increased or decreased by the difference in cost occasioned by such change and an
appropriate Change Order shall be issued.
The Contractor shall not make any substitution for any Subcontractor or person or
organization who has been accepted by the Owner and the Engineer, unless the
substitution is acceptable to the Owner and the Engineer.
8.02 Subcontractual Relations
All work performed for the Contractor by a Subcontractor shall be pursuant to an
appropriate written agreement between the Contractor and the Subcontractor (and
where appropriate between Subcontractors and Sub - subcontractors) which shall
contain provisions that:
(1) preserve and protect the rights of the Owner and Engineer under the
Contract with respect to the work to be performed under the
subcontract so that the subcontracting thereof will not prejudice such
rights;
(2) require , that such work be performed in accordance with the
requirements of the Contract Documents;
(3) require submission to the Contractor of the applications for payment
under each . subcontract to which the Contractor is a party, in
reasonable time to enable the Contractor to apply for payment in
accordance with this contract;
(4) require that all claims for additional costs, extensions of time, damages
for delays or otherwise with respect to subcontracted portions of the
work shall be submitted to the Contractor (via any Subcontractor or
Sub - subcontractor where appropriate) in sufficient time so that the
Contractor may comply in the manner provided in the Contract
Documents for like claims by the Contractor upon the Owner;
(5) obligate each subcontractor specifically to consent to the provisions of
this section.
A copy of all such Subcontract Agreements shall be filed by the Contractor with the
Engineer before the Subcontractor shall be allowed to commence work.
8.03 Payments to Subcontractors
The Contractor shall pay each Subcontractor, upon receipt of payment from the
Owner, an amount directly based upon the value of the work performed and allowed
to the Contractor on account of such Subcontractor's work, less the percentage
GC -32
retained from payments to the Contractor. The Contractor shall also require each
Subcontractor to make similar payments to his subcontractors.
If the Engineer fails to approve a payment for any cause which is the fault of the
Contractor and not the fault of a particular Subcontractor, the Contractor shall pay
the Subcontractor on demand, made at any time after the Certificate for Payment
should otherwise have been issued, for his work to the extent completed, less the
retained percentage.
The Engineer may, on request and at his discretion, furnish to any Subcontractor, if
practicable, information regarding percentages of completion certified to the
Contractor on account of work done by such Subcontractors.
Neither the Owner nor the Engineer shall have any obligation to pay or to see to the
payment of any moneys to such Subcontractor except as may otherwise be required.
9. Separate Contracts
9.01 Owner's Right to Award Separate Contracts
gencond.mst/cpec
The Owner reserves the right to award other contracts in connection with other
portions of the project under these or similar conditions of the Contract.
When separate contracts are awarded for different portions of the Project, The
Contractor" in the contract documents in each case shall be the contractor who signs
each separate contract.
9.02 Mutual Responsibility of Contractors
The Contractor shall afford other contractors reasonable opportunity for the
introduction and storage of their materials and equipment and the execution of their
work, and shall properly connect and coordinate his work with theirs.
If any part of the Contractor's work depends for proper execution or results upon the
work of any other separate contractor, the Contractor shall inspect and promptly
report to the Engineer any apparent discrepancies or defects in such work that
render it unsuitable for such proper execution and results. Failure of the Contractor
to so inspect and report shall constitute an acceptance of the other contractor's work
as fit and proper to receive his Work, except as to defects which may develop in the
other separate contractor's work after the execution of the Contractor's Work.
Should the Contractor cause damage to the work or property of any separate
contractor on the project, the Contractor shall, upon due notice, settle with such
GC -33
other contractor by agreement or arbitration, if he will so settle. If such separate
contractor sues the Owner or initiates an arbitration proceeding on account of any
damage alleged to have been so sustained, the Owner shall notify the Contractor who
shall defend such proceedings at the Contractor's expense, and if any judgment or
award against the Owner arises therefrom the Contractor shall pay or satisfy it and
shall reimburse the Owner for all attorney's fees and court or arbitration costs which
the Owner has incurred.
9.03 Cutting and Patching under Separate Contracts
The Contractor shall be responsible for any cutting, fitting and patching that may be
required to complete his work except as otherwise specifically provided in the
Contract Documents. The Contractor shall not endanger any work of any other
contractors by cutting, excavating or otherwise altering any work and shall not cut or
alter the work of any other contractor except with the written consent of the
Engineer.
10. Protection of Persons and Property
10.01 Safety Precautions and Programs
10.02 Safety of Persons and Property
gcncond.mstspec
Any costs caused by defective or ill-timed work shall be borne by the party
responsible therefor.
The Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the work.
The Contractor shall take all reasonable precautions for the safety of, and shall
provide all reasonable protection to prevent damage, injury, or loss to:
(1)
all employees on the work and all other persons who may be affected
thereby:
(2) all the work and all materials and equipment to be incorporated
therein, whether in storage or off the site, under the care, custody or
control of the Contractor or any of his Subcontractors or Sub -
Subcontractors; and
(3) other property at the site or adjacent thereto, including trees, shrubs,
]awns, walks, pavements, fences, roadways, structures and utilities not
designated for removal, relocation or replacement in the course of
construction.
GC -34
gencond.mst/spec
The Contractor shall comply with all applicable laws, ordinances, rules, regulations
and lawful orders of any public authority having jurisdiction for the safety of persons
or property or to protect them from damage, injury or loss. He shall erect and
maintain, as required by existing conditions and progress of the work, all reasonable
safeguards for safety and protection, including posting danger signs and ,
warnings against hazards, promulgating safety regulations and notifying ownes and
users of adjacent utilities.
When the use or storage of explosives or other hazardous materials or equipment is
necessary for the execution of the work, the Contractor shall exercise the utmost care
and shall carry on such activities under the supervision of properly qualified
personnel. '
All Blasting, including methods of storing and handling explosives and highly
inflammable materials, shall conform to Federal, State, Local Laws and Ordinances.
All City Ordinances shall be complied with even though some or all of the blasting
is done outside the City Limits unless the applicable Ordinance is in conflict with the
law of the jurisdiction where the action is being taken.
The following is a list of requirements in addition to Federal, State, and Local Laws
and Ordinances.
1. The Contractor shall furnish the City of Round Rock with a Certificate
of Blasting Insurance in the amount of $300,000.00 for each contract,
at least twenty-four hours prior to using explosives. A blasting permit
must be obtained from the City at least five (5) days prior to use of
explosives. If Blasting is covered tintler the Contractors General
Insurance Certificate for each contract, a separate blasting certificate
will not be required.
2. The following public utility companies and City Department will be
notified by the Contractor, on every occasion, at least twenty-four (24)
hours prior to the use of explosives: Police, Fire, Water and
Wastewater, Electric, Gas, Telephone and the City Engineering
Department.
3. Explosive materials to be used shall be limited to blasting agents and
dynamite, unless prior approval of other materials is obtained in writing
from the Engineering Department.
4. During blasting, all reasonable precautions shall be taken to protect
pedestrians, passing vehicles, and public or private property. Blasting
mats or protective cover shall be used when required by the City
Inspector, the permit, or by safe blasting practices.
GC -35
gencond.mst/spec
5. All explosives shall be stored in accordance with Chapter 5, Section
5.200, of the City Code.
6. The Director of Engineering or his representative shall have the right
to limit the use of explosives and/or blasting methods which in his
opinion are dangerous to the public or nearby property of any kind.
7. The Contractor, at his expense, shall promptly repair or replace all
items known to be damaged as a result of blasting. All claims of
damage shall be investigated by the City or by Consulting Firms
approved by the City.
8. The Contractor shall maintain accurate records throughout the Blasting
operations showing the type explosive used, number of holes, pounds
per hole, depth of hole, total pounds per shot, delays used, date and
time of blast and initials of the Inspector. The Contractor is fully
responsible for all claims resulting from his blasting operation.
All damage or loss to any property referred to in this article caused in whole or in
part by the Contractor, any Subcontractor, any Sub - subcontractor, or anyone directly
or indirectly employedby any of them, or by anyone for whose acts any of them may
be liable, shall be remedied by the Contractor, except damage or loss attributable
solely to faulty Drawings or Specifications or solely to the acts or omissions of the
Owner or Engineer or anyone employed by either of them, and not attributable in
any degree to the fault or negligence of the Contractor.
The contractor shall designate a responsible member of his organization at the site
whose duty shall be the prevention of accidents. This person shall be the
Contractor's superintendent unless otherwise designated in writing by the Contractor
to the Owner and the Engineer.
10.03 Location and Protection of Utilities
Notwithstanding any other provision of this contract, the Contractor shall be solely
responsible for the location and protection of any and all public utility lines and utility
customer service lines in the work area. The Contractor shall exercise due care to
locate and to mark, uncover or otherwise protect all such lines in the construction
zone and any of the Contractor's work or storage areas. Upon request, the Owner
shall provide such information as it has about the location and grade of water, sewer,
gas, and telephone and electric lines and other utilities in the work area but such
information shall not relieve or be deemed to be in satisfaction of the Contractor's
obligation hereunder, which shall be primary and nondelegable. Any such lines
damaged by the Contractor's operations shall be immediately repaired by the
Contractor or he shall cause such damage to be repaired at his expense.
GC -36
5.0 SPECIAL CONDITIONS
SECTION 01- INFORMATION
01 - 01 ENGINEER
The word "Engineer" in these Specifications shall be understood as
referring to Fisher, Hagood & Hejl, Inc., 301 Hesters Crossing,
Suite 110, Round Rock, Texas 78681, Engineer of the Owner, or
the Engineer's authorized representative to act in any particular
position for the Owner.
01 -02 COPIES OF PLANS AND SPECIFICATIONS FURNISHED
The Agreement will be prepared in not less than five (5)
counterpart (original signed) sets. Owner will furnish Contractor
two (2) sets of conforming Contract Documents and Specifications
and four (4) sets of Plans free of charge, and additional sets will
be obtained from the Engineer at commercial reproduction rates
plus 10% fo; iandling.
01 -03 GOVERNING CODES
All construction as provided for under these Plans and
Specifications shall be governed by any existing Resolutions, Codes
and Ordinances, and any subsequent amendments or revisions
thereto as set forth by the Owner.
01 -04 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON
TIME
The Contractor agrees that time is of the essence for this Contract
and that the definite value of damages which would result from
delay would be incapable of ascertainment and uncertain, so that
for each day of delay beyond the number days of herein agreed
upon for the completion of the work herein specified and
contracted for, after due allowance for such extension of time as
is provided for under the provisions of Section 4.02 of the General
Conditions, the Owner may withhold permanently from the
Contractor's total compensation, not as penalty but as liquidated
damages, the sum of $100.00 per calendar day.
specond.mst /spec SC -1
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01 -05 LOCATION
The location of work shall be as mentioned in the Notice to
Bidders and as indicated on Plans.
01 -06 USAGE OF WATER
All water used during construction shall be provided by the City.
The City shall specify the location from which the Contractor is to
procure water. The Contractor shall be responsible for providing
all apparatus necessary for procuring, storing, transporting and
using water during construction. The Contractor shall strive to use
that amount of water which is reasonable to perform the work
associated with this contract and shall endeavor to avoid excessive
waste. The Contractor will be required to pay for all water used
if it is found that unnecessary or excessive waste is occurring
during construction.
01 -07 PAY ESTIMATES
If pay estimates from the Contractor are not received by the
Engineer on or before the time specified in Section 5.04 of the
General Conditions, then the pay estimate will not be processed
and will be returned to Contractor.'
SECTION 02- SPECIAL CONSIDERATIONS
02 -01 CROSSING UTILITIES
Prior to commencing the work associated with this contract, it shall
be the Contractor's responsibility to make arrangements with the
Owners of such utility companies to uncover their particular utility
lines or otherwise confirm their location. Certain utility companies
perform such services at their own expense, however, where such
is not the case, the Contractor will cause such work to be done at
his own expense.
1
specond.mst /spec SC -2 '
1
02 -02 UTILITY SERVICES FOR CONSTRUCTION
The Contractor will be responsible for providing his own utility
services while performing the work associated with this contract.
No additional payment will be made for this item.
02 -03 GUARANTEES
The Contractor warrants the materials and workmanship and that
the work is in conformance with the plans and specifications
included in this contract for the period that the Maintenance
Bond, as outlined in Section 04 of the Special Conditions, is in
effect. Upon notice from Owner, the Contractor shall repair
defects in all construction or materials which develop during
specified period and at no cost to Owner. Neither final
acceptance, Certificate of Completion, final payment nor any
provision in Contract Documents relieves Contractor of above
guarantee. , Notice of observed defects will be given with
reasonable promptness. Failure to repair or replace defect upon
notice entitles Owner to repair or replace same and recover
reasonable cost thereof from Contractor.
02 -04 WAGE RATE
Contractors are required to pay the prevailing wage rates to
laborers, workmen and mechanics employed on behalf of the City
engaged in the construction of public works. The wage rate for
these jobs shall be the general prevailing wage rates for work of a
similar character. This applies to Contractors and Subcontractors.
The Contractor and Subcontractors shall keep and make available
records of workers and their wages. Prevailing wage rates are
published by the U.S. Department of Labor, Bureau of Labor
Statistics, Southwestern Division and the Texas Employment
Commission for the Austin Job Bank Area. The wage rate shall
not be less than the minimum wage rates set by the U.S.
Department of Labor, Employment Standards Administration,
Wage and Hour Division. There is a penalty of $10.00 per worker
per day or portion of a day that the prevailing wage rate is not
paid by the Contractor or Subcontractor.
specond.mst /spec SC -
02 -05 LIMIT OF FINANCIAL RESOURCES
The Owner has a limited amount of financial resources committed
to this Project; therefore, it shall be understood by all bidders that
the Owner may be required to change and /or delete any items
which he may feel is necessary to accomplish all or part of the
scope of work within its limit of financial resources. Contractor
shall be entitled to no claim for damages anticipated profits on any
portion of work that may be omitted. At any time during the
duration of this contract, the Owner reserves the right to omit any
work from this contract. Unit prices for all items previously
approved in this contract shall be used to delete or add work per
change order.
02 -06 CONSTRUCTION REVIEW
The Owner shall provide a project representative to review the
quality of materials and workmanship.
02 -07 LIMITS OF WORK AND PAYMENT
It shall be the obligation of the Contractor to complete all work
included in this Contract, so authorized, by the Owner, as described
in the contract documents and technical specifications. All items
of work not specifically paid for in the bid proposal shall be
included in the unit price bids. Any question arising as to the
limits of work shall be left up to the interpretation of the Engineer.
02 -08 PAYMENT FOR MATERIALS ON HAND
Owner will not pay for materials on hand. Payment will be made
for work completed in accordance with monthly estimate
procedure stipulated in the General Conditions of the Agreement.
02 -09 "AS- BUILT" DRAWINGS
The Contractor shall mark all changes and revisions on all of his
copies of the working drawings during the course of the Project as
they occur. Upon completion of the Project and prior to final
specond.mst /spec SC -
acceptance and payment, the Contractor shall submit to the
Engineer one set of his working drawings, dated and signed by
himself and his project superintendent and labeled as "As- Built ",
that shows all changes and revisions outlined above and that shows
field locations of all above ground appurtenances including but not
limited to valves, fire hydrants and manholes. These as -built
drawings shall become the property of the Owner. Each
appurtenance shall be located by at least two (2) horizontal
distances measured from existing, easily identifiable, immovable
appurtenances such as fire hydrants or valves. Property pins can
be used for as- builts tie -ins provided no existing utilities as
previously described are available. Costs for delivering as -built
drawings shall be subsidiary to other bid items.
02 -10 LAND FOR WORK
Owner provides, as indicated on Drawings, land upon which work
is to done, right,of -way for access to same and such other lands
which are designated for use of Contractor. Contractor provides,
at his expense and without liability of Owner, any additional land
and access thereto that may be required for his construction
operations, temporary construction facilities, or for storage of
materials.
02 -11 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES
Whenever existing utilities, not indicated on Plans, present
obstructions to grade and alignment of proposed improvements
immediately notify engineer, who without delay, will determine if
existing utilities are to be relocated, or grade and alignment of
proposed improvements changed. Where necessary to move
existing services,poles, guy wires, pipelines, etc., as determined by
the Engineer, the Contractor will make arrangements with the
owner of the utility to be moved and have it moved. The costs of
any utility relocations will be at the Contractor's sole expense.
Owner will not be liable for relocations costs or damages on
account of delays due to changes made by owners of privately
owned utilities which hinder progress of the work.
specond.mst /spec SC -
1
02 -12 CONSTRUCTION STAKING
All construction staking required to complete the work associated '
with this contract shall be provided by the Contractor. The
Contractor shall be responsible for determining the layout and '
extent of staking necessary to construct the improvements to the
lines and grades shown in the Plans. This item shall not be paid
for separately and shall be considered subsidiary to other bid items. '
1
1
SECTION 03- TRAFFIC CONTROL
Access shall be provided for residents and emergency vehicles at
all times. When it becomes necessary to restrict access, the
Contractor shall notify all applicable agencies (ie. Fire Department,
Police, E.M.S., Public Works, etc.). At the end of each day two
lanes of traffic shall be opened to the public. The Contractor shall
be responsible for all maintenance, signing and safety precautions
necessary for traffic control. This item shall be considered
subsidiary to other bid items and no additional compensation shall
be given for complying with this Special Condition.
1
SECTION 04- MAINTENANCE BOND
Per City of Round Rock Ordinances, a two (2) year Maintenance
Bond naming the City of Round Rock as obligee will be required
for public streets constructed without lime stabilization of subgrade
material when the Plasticity Index of the subgrade is above 24.
Maintenance Bond shall remain in effect for two (2) years from
date of City of Round Rock acceptance of improvements.
A one (1) year Maintenance Bond in the amount of one hundred
(100 %) percent of the contract price will be required for all other
improvements and shall be submitted prior to final payment. Such
bonds shall be from an approved surety company holding a permit
from the State of Texas to act as surety (and acceptable according
specond.mst /spec SC -
1
to the latest list of companies holding certificates of authority from
the Secretary of the Treasury of the United States) or other surety
or sureties acceptable to the Owner prior to final payment.
SECTION 5 INSURANCE
Section 3.18 of the General Conditions of the Agreement is hereby
amended to include the following:
3.18 Insurance
Contractor shall carry insurance in the following types and
amounts for 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 policy declaration
pages and all 'policy endorsements as evidence thereof:
a. Statutory Worker's Compensation and minimum $100,000
Employers Liability Insurance.
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 Combined Single
Limit of $600,000.
d. On all new or remodeling building projects: All Risk
Builders Risk Insurance for 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
specond.mst /spec SC -
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. Contractor shall require
similar waivers by Subcontractors and Sub - subcontractors.
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, an Owner's and 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.
This insurance shall include, as insured, City of Round Rock,
Contractor, Subcontractors and Sub - subcontractors in the work, 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 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 required limits. All
deductibles or self insured retentions shall be disclosed on
Certificate of Insurance required above.
Contractor shall not commence work at site under this Contract
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 approved.
Approval of insurance by Owner shall not relieve or decrease
liability of Contractor hereunder.
specond.mst /spec SC -8
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.
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 Workers'
Compensation and Builders Risk).
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.
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.
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 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 Contract.
Contractor shall provide the City annually a Certificate of
Insurance as evidence of such insurance. It is further agreed that
Contractor shall provide Owner a 30 day notice of aggregate
erosion, an advance of the retroactive date, cancellation and /or
renewal.
specond.mst /spec SC -9
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 make
reasonable adjustments to insurance coverages and their 'limits
when deemed necessary and prudent by Owner based upon
changes in statutory law, court decisions or the claims 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 may
make any reasonable requests for deletion or revision or
modification of particular policy terms, conditions, limitations or
exclusions, except where policy provisions are 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 the section
shall be paid by Contractor.
specond.mst /spec SC -10
6.0 TECHNICAL SPECIFICATIONS
ITEM 1 GENERAL DESCRIPTION
1.01 SCOPE OF WORK
The work covered by these Specifications consists of furnishing all
labor, equipment, appliances, materials and performing all
operations in connection with the installation of approximately
7,300 SY of new HMAC, base, and subgrade prep., 16,150 SF of
combined concrete and landscaped median, curb and gutter,
drainage structures and piping, as well as pavement marking and
temporary and permanent erosion and sedimentation controls
complete in accordance with the Plans, and subject to the terms
and conditions of the Contract Documents.
1.02 GOVERNING TECHNICAL SPECIFICATIONS
NOTE: The item number designation shown in parentheses
adjacent to captions herein is an revised or amended reference to
City of Austin Standard Specifications.
The current City of Austin Standard Specifications as adopted and
amended by the City of Round Rock and the current City of
Austin Erosion and Sedimentation Control Manual are hereby
referred to and included in this contract as fully and to the same
extent as if copied at length herein and they shall be applied to
this project except as modified in these Specifications and on the
Plans. Note that copies of the Austin Specifications governing the
major items of work are attached at the end of this section for
ease of reference.
techspec.mst/spec
Wherever the term "City of Austin" is used in the Austin
Specifications, it shall be construed to mean the City of Round
Rock.
Wherever the term "Engineer" is used in the Austin Specifications,
it shall be construed to mean the City of Round Rock.
TS -1
1
ITEM 2 CONTROL OF WORK
2.01 CLEAN -UP
2.01.1 CONSTRUCTION SITE
During construction the Contractor shall keep the site free and '
clean from all rubbish and debris and shall clean -up the site '
promptly when notified to do so by the Engineer.
The Contractor shall, at his own expense, maintain the streets and
roads free from dust, mud, excess earth or debris which constitutes
a nuisance or danger to the public using the thoroughfare, or the II
of adjacent properties.
Care shall be taken to prevent spillage on streets and roads over '
which hauling is done, and any such spillage or debris deposited on
streets, due to the Contractor's operations, shall be immediately '
removed.
2.01.2 BACKWORK '
The Contractor shall coordinate his dperations in such a manner
as to prevent the amount of clean -up and completion of back
works from becoming excessive. Should such a condition exist, the
Engineer may order all or portions of the work to cease and refuse
to allow any work to commence until the back work is done to the
Engineer's satisfaction.
2.02 GRADING
The Contractor shall do such grading in and adjacent to the
construction area associated with this contract as may be necessary
to leave such areas in a neat and satisfactory condition approved
by the Engineer.
1
iechspec.msUspec TS -2
1
ITEM 3 EXAMINATION AND REVIEW
3.01 EXAMINATION OF WORK
The work covered under this Contract shall be examined and
reviewed by the Engineer, representatives of all governmental
entities which have jurisdiction, and the Owner's authorized
representative. The quality of material and the quality of
installation of the improvements shall be to the satisfaction of the
Engineer. It shall be the Contractor's responsibility for the
construction methods and safety precautions in the undertaking of
this Contract.
3.02 NOTIFICATION
The Engineer and Owner must be notified a minimum of 24 -hours
in advance of beginning construction, testing, or requiring presence
of the Engineer, project representative, or Owner's representative.
3.03 CONSTRUCTION STAKING
The Engineer shall furnish the Contractor reference points and
benchmarks that, in the Engineer's opinion, provide sufficient
information for the Contractor to perform construction staking.
3.04 PROTECTION OF STAKES. MARKS. ETC.
All engineering and surveyor's stakes, marks, property corners, etc.,
shall be carefully preserved by the Contractor, and in case of
destruction or removal during the course of this project, such
stakes, marks, property corners, etc., shall be replaced by the
Contractor at the Contractor's sole expense.
techspeamsuspec
TS -3
ITEM 4 PROTECTION AND PRECAUTION
4.01 WORK IN FREEZING WEATHER
Portions of the work may continue as directed by the Engineer.
4.02 PROTECTION OF TREES, PLANTS AND SHRUBS
The Contractor shall take necessary precautions to preserve all
existing trees, plants and shrubs but where it is justifiable and
necessary the Contractor may remove trees and plants for
construction right -of -way but only with approval of the Engineer.
4.03 TRAFFIC CONTROL MEASURES AND BARRICADES
Traffic control measures and barricades shall be installed in
accordance with the Texas Manual of Uniform Traffic Control
Devices and in other locations deemed necessary by the Engineer,
for the protection life and property. Under no circumstances will
any existing road be permitted to remain closed over a weekend.
No separate pay will be made for this item. Costs for this item
shall be subsidiary to other items of.work.
4.04 PROPERTY LINES AND MONUMENTS
The Contractor shall be responsible for the protection, reference
and resetting of property corner monuments if disturbed.
4.05 DISPOSAL OF SURPLUS MATERIAL
The Contractor shall at his own expense, make arrangement for
the disposal of surplus material, such as rock, trees, brush and
other unwanted backfill materials.
tcchspec.msUspcc
TS -4
4.06 CONTRACTOR'S USE OF PREMISES
techspec.mst/spec
The Contractor shall, at his own expense, provide additional space
as necessary for his operations and storage of materials.
ITEM 5 MATERIALS
5.01 TRADE NAMES
Except as specified otherwise, wherever in the specifications an
article or class of material is designated by a trade name or by the
name or catalog number of any maker, patentee, manufacturer, or
dealer, such designations shall be taken as intending to mean and
specify the articles described or another equal thereto in quality,
finish, and serviceability for the purpose intended, as may be
determined and judged by the Engineer in his sole discretion.
5.02 MATERIALS AND WORKMANSHIP
No material which has been used by the Contractor for any
temporary purpose whatever is to be incorporated in the
permanent structure without the written consent of the Engineer.
Where materials or equipment are specified by a trade or brand
name, it is not the intention of the owner to discriminate against
an equal product of another manufacturer, but rather to set a
definite standard of quality for performance, and to establish an
equal basis for the evaluation of bids. Where the words
"equivalent ", "proper" or "equal to" are used, they shall be
understood to mean that the item referred to shall be "proper ", the
"equivalent" of, or "equal to" some other item, in the opinion or
judgement of the Engineer. Unless otherwise specified, all
materials shall be the best of their respective kinds and shall be in
all cases fully equal to approved samples. Notwithstanding that the
words "or equal to" or other such expressions may be used in the
specifications in connection with a material, manufactured article
or process, the material, article or process specifically designated
TS -5
tochapec.msUspec
shall be used, unless a substitute is approved in writing by the
Engineer, and the Engineer will have the right to require the use
of such specifically designated material, article or process.
5.03 HOT MIX ASPHALTIC CONCRETE (HEM 340)
Provide a uniform mixture of coarse aggregate, fine aggregate,
asphaltic material, and mineral filler graded as defined by Type D
(Fine Graded Surface Course).
5.04 CONCRETE FOR STRUCTURES (HEM 403)
All concrete shown shall be Class A as defined by Standard
Specifications. Slump shall be a maximum of 4 inches and
minimum of 2 inches. Concrete shall be air - entrained.
5.05 REINFORCING STEEL (ITEM 406)
All reinforcing steel shall be ASTM A615, Grade 60.
TS -6
WHEREAS, the City of Round Rock has duly advertised for bids for
improvements to Creekbend Boulevard, and
WHEREAS, Round Rock Construction, Inc. has submitted the lowest
and best bid, and
WHEREAS, the City Council wishes to accept the bid of Round Rock
Construction, Inc., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a contract with Round Rock Construction, Inc. for
improvements to Creekbend Boulevard, a copy of said contract being
attached hereto and incorporated herein for all purposes.
RESOLVED this 24th day of June, 1993.
ATTEST:
NE LAND, City Secretary
KS /RESOL VnON/RS06243B
RESOLUTION NO. R 93-06. -c2-9,6
CHARLES CUtPEPPER, Mayor
City of Round Rock, Texas
01100.004 Ba Glean.,
Cary of Round Hark
He E.6naled oa.apin and Ik404...I ken LW Pd. Ta1d IN Pine Taal um Hire Told IAN Pion T.64 U0Po Total
No. gaily In Wvb In Rams Prim In F., Price FFp.s Pin In Nunn Price FFpm Wee
mutt Wt0YEDFMS
1,000 V 58 Fence, compete one F dom. 1150 $2,70000
pr Gaol foot.
CO V Redd B. cOffISBN and n pare,
pr fried font.
1 FA 50001004 Ca410.01e, Entrance,
.pinta ad n plan. Par mob.
1.200 .8 Omenp, Grubbing of ROM per
Spend Gan4Oan and 00o,
complete and i. Nom per peed root.
5 9,650 SY Street Ea0.v0an end Oopeml. to Muds
dry eaoo.abcn nRm 8.0.0 to groin
for construct, of 030.00,
P. 1. and in place, pr 05000 Yard.
6 9.650 SY Su0gmd. P.pmlen, conp1e1e and n
Owe. pin 000x• yard.
7 7.450 57 16 6n.. complete and n Noce,
pr 05000 0.04
8 7,410 SY 2 Aspalt, complete it plans,
p.r .au00 yard,
1,200 V 5a. Cut Peernsl. co•pete ad
n 0400*. pr G.ml lop6.
10 2,900 SF Eoot.g Permanent PemaM, 000940.
ad F pone. p more foot.
11 1,260 IF Gan end Gutter 43.03 in waling 17.60 18.40000 1800 59,600.00
pavement section, complete end in pace,
FY fined foot,
12 6,100 V Curb a4 Cutler, including bale 54.4015
and trA4d back of curb. oerp44 end
F Once. per Wool feel.
ROUO ROCK CONSTRUCTION ROCERSCOCS0RUC1KIN AOSf lENG./T:RM 0E00920 CONSTRUCT/3N CHASMCONIPACING
14.75 124975.00
S1 60 12.880.00
11.35 1243060
11500 160000 112.00 1460.00 114.00 156100 11500 4720 00 11500 460060
11.54 52700 CO 4 13.24040
1550.00 955030 000.00 1500.00 5 CO $40000 9500 CO 150040 550000 150000
SA 00 1 4 .8 0000 13 00 13. 600.00 13 00 13.600 O0 ' 1300 13.600 00 1610 19.990.00
1300 120,05000 1330 136,87000 13 426,95000 14 70 44535500 16 165.62000
1690 10.68540 1 17,720 60 1200 41030000 4010 117,370 00 1110 19.65000
1720 43335600 17 95 159,466 00 17.70 15759660 17.60 455.3 00 17 65 156,70660
14.10 13038140 5410 430,36110 943 13136100 13.70 117,40740 1375 127.76750
4036 11,20010 1200 1200060 1100 11,26003 Si CO 41,20040 1040 4480.20
1660 11,450.00 90.40 51,16000 1050 46,05000 50.30 1670 00 SO40 51,16000
47.30 9476100
15.50 133,55000 45.45 134.46560
4650 1710000
1800 $2.30000
16.50 541,46000 $200 442706.00
Creelnen &deem 4lemmn
City m Room Pock
ROOOROCK CONSTRUCTOR R00O5 C018(1810110N AUSTIN t]ICINCER91C REDC9:0170167R110T1011 CRISCOCONORACTNC
Imo 0.Gneled Sesuyba not W Resat Ron W Rica Talal 09418,4.. Total W Pao Total W Re Tech W Non Total
114 Oneroy In Wade Napes R4. In Forst Price IFp+s 84 hrmute Rio In roves Pl'u
13 1,200 1F Asphalt repor abg nes alb k 746ey, 8200 {2.00000 1130 91.800 00 1500 56,00000 3200 12490 90 83.75 {1,50000
complete mtl in place. per Men Met
14 1.150 5F CO24et. Y6, ro plet. end in place, 11,80 $207000 9220 92,530,40 9235 82,702.50 1220 12.530 00 9200 12,30000
per scone loot
15 8,550 57 5108.20 echidna lords t horn finish. 9210 117955.00 3200 117,100.00 1235 320,09250 3220 818,810.00 1190 116.24500
compete 0w a place. per moon 1001
16 2 FA Boom.. (50 lied F «6), complete 11.200,00 12.40000 81,10000 /2-200 CO 11,00000 12,00000 41.400.00 12.80000 81.00000 T2.00000
and In place. per lock.
17 4.300 SY Permanent Fm en Cont.. Complete $0.80 83,44020 1060 1256000 90.75 /5,22500 1035 31,50500 11.50 16,45000
amd n peon per mono lam
18 650 LF Pavement Working (8e502644a Pont) 3060 $39000 1055 8 357.50 4030 83325 CO 80.0 132500 10.50 8325 CO
Sorel 44 9111e, complete area a place,
per Meet Met
19 3,400 LF Pavement Oohing (R.5.4. 7406) 10.30 81.02000 8015 18 ,400 10.30 91.020 00 8025 3850.00 9025 1852 00
Sorel 4 98.te, lQ tag • 40 00.
compete ol'n place, Per 8non1 6441.
20 115 FA Pm<ret 600025, Satre Batton - Type 14 16 00 869000 1600 869000 16,40 169000 15.20 859800 /5.20 159800
mmpele a n in place, per eon,
21 5 EA Wed 14595r. of nd a6 coed .468 980.00 140000 970 CO 83m0 CO 875.00 /575 CO 117000 1055.90 80300 131500
panted and nonn complete area
'n place. per tech
22 5 FA Sl ap 59^0. mry amd it place. • 920000 81.00000 120000 81,00000 122000 91,100.00 127000 81,35020 118500 192500
per eons
TOTAL STREET IFRO9O,ata5 102.31200 8217,56450 1228.104 00 1259.37400 8262,12350
Cree.ind Onll[VYN Edesmm
OW of lee, 0415
Nom Ednded
N¢ Tunny
ORAIIAGE IMPROVEMENTS
Ompfiad Ui Pl'v dim
le Waab
23 5 EA 1P Curb Net. e.g..... pan,
Der earA.
24 1 EA 20 Curb Yet, (4 4Ne 10) complete
and in pas, Per hoc.
25 200 IF 16' RCP. CI®I Storm Sever,
compete are in pea, Per Geed foal.
3 EA holey Outten, compete and in pore.
per each
27 200 IF Trench Safety. a rmpd. and n pen,
per Pied loot,
26 390 IF 18' RCP, Clam 11 Stem 5.-
(3 - 1301.0920) .AA 6 to 1 end treatment
complete and in pan, per geed 1401,
29 2.000 SF S Gael. IBpmp for ces0 end
ImNwt. complete Oed'n Owe.
per mpmn Nall.
TOTAL DRAE4AGE WROYEIEN15
TOTAL P18CE 60 FOR STREET Ale dUE1ACE EEiIO5F7F31E5
ROAD ROCK CONSTRUICT.. ROGERS CONSTRUCTON A402140GIEERDLG REDOICO CONS1RUCT3P 6:PASCO COI0IRACUIG
UAPr. Ted Uri Prim Told um Pio Ted U6Prm TOW Uri Prior Ted
FFgas Him 5Fgmw Prim 9Fgrs Rim In Form Rim In rpm Plum
81,90000 89.500.00 42.60000 112,00000 42.05040 410,25000 41,900.00 49,500 90 12.55030 112350.00
1260000 4261000 4.000.0 10.00000 12.80000 42.60000 2.000.00 1260040 13.50000 63.500 00
13500 12.00000 13000 46.00040 12000 86.600.00 .ti 43000 48,00000 15300 111.000.00
41.2040 15.60040 11.60000 10.60000 11.75040 15.25000 11.60]00 ILA0000 1250000 47.50000
1203 TACO00 4500 81.00000 8100 4200 00 4005 110.00 4600 680000
124 CO 110.92000 12200 16.56000 125.00 19.75040 131.00 812090 CO 12000 17.600.00
4100 10.25.00 11.80 13.900 00 1635 13.10000 44.60 19.03000 12.25 44,500
861 62000 139.96000 462150 00 144.60040 8.7A M 00
4243,93200 1257.844 50 120.254 00 1201974 CO 8309.973 50
DATE: June 22, 1993
SUBJECT: City Council Meeting, June 24, 1993
ITEM: 9B. Consider a resolution authorizing the Mayor to enter into
a contract for street improvements to Creekbend
Boulevard.
STAFF RESOURCE PERSON: Jim Nuse
STAFF RECOMMENDATION:
On June 8, 1993, five (5) bids were received for the construction of Creekbend
Blvd. Round Rock Construction was the lowest and best bid at $243,932. Round Rock
Construction has performed successfully on other recent projects and staff recommends
acceptance of their bid as soon as the other participants in the joint construction
agreement, HF2M and Fox and Jacobs meet their fiscal requirements. Therefore, please
authorize the Mayor to enter into the agreement when the City Attorney is satisfied with
the other contractual obligations.