R-94-10-27-10D - 10/27/1994ATTEST:
WHEREAS, the City of Round Rock has duly advertised for bids
for the Round Rock Police Station Entrance Road, and
WHEREAS, JKL, Inc. has submitted the lowest and best bid, and
WHEREAS, the City Council wishes to accept the bid of JKL,
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 JKL, Inc. for the Round Rock
Police Station Entrance Road, a copy of said contract being
attached hereto and incorporated herein for all purposes.
RESOLVED this 27th day of October, 1994.
ANNE LAND, City Secretary
RS /RESOLt]ION
RS41027D
RESOLUTION NO. ye- 9 `7 t /0 ` / -1OL)
CHARLES CUL •'ER, Mayor
City of Round ock, Texas
DATE: October 20, 1994
TO: James R. Nuse, P.E.
Director of Public Works
.:kpaiki
INTEROFFICE MEMORANDUM
Attachment: Certified Bid Tabulation
CITY OF ROUND ROCK
FROM: Al Wil le, T.E., R.P.L.S.
Assistant Director /Chief Engineer
SUBJECT: Round Rock Police Station Entrance Road
On October 11, 1994 bids were received and publicly opened for the construction of the Round
Rock Police Station Entrance Road Improvements. Four bids were received and the low bid was
submitted by JKL, Inc. in the amount of $55,524.65. A certified bid tabulation is attached. I
have verified information submitted on their statement of qualifications and I recommend the
contract be awarded to JKL, Inc.
THE CITY OF ROUND ROCK
PUBLIC WORKS DEPARTMENT
2008 Enterprise Dr.
Round Rock, Texas 78664
(512) 218-5555 BID TABULATION
F
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�": g (' BIDS EXTENDED
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i c r r BY:
DATE :
0 t SHEET:
AND CHECKED -
Al Wiile /Latha Kumar
10/11/94
1 OF 1
CONTRACT : ROUND ROCK POLICE STATION
t,
BIDDERS
ENTRANCE ROAD
LOCATION : City Council Chambers
JKL, Inc.
Bid Bond? Yes
Champion Site Prep, Inc.
Bid Bond? Yes
Smith Contracting Co.
Bid Bond? Yes
Capital Excavation Co.
Bid Bond? Yes
DATE: October 11, 1994 TIME: 2:00 p.m.
ITEM
UNIT
APPROX.
QTY.
UNIT
PRICE
COST
UNIT
PRICE
COST
UNIT
PRICE
COST
UNIT
PRICE
COST
1. Unclassified street excavation
S.Y.
1,338
$5.62
$7,519.56
$5.00
$6,690.00
$11.25
$15,052.50
$20.00
$26,760.00
2. Flexible base, 12 inch crushed stone
S.Y.
1,338
$6.39
$8,549.82
$6.30
$8,429.40
$6.00
58,028.00
$10.00
513,380.00
3. Concrete curb and gutter
L.F.
225
$10.85
$2,441.25
$8.50
$1,912.50
59.00
$2,025.00
58.00
$1,800.00
4. Concrete ribbon curb
L.F.
520
$9.49
$4,934.80
$5.32
$2,766.40
58.00
54,160.00
$7.00
$3,640.00
5. Concrete curb
L.F.
64
$9.49
$607.36
$5.32
$340.48
$15.00
5960.00
$15.00
5960.00
6. Hot mix asphaltic concrete pavement,
Type "D ", 2 inch
S.Y.
1,275
$9.68
$12,342.00
55.60
57,140.00
55.60
$7,140.00
55.00
$6,375.00
7. Corrugated metal pipe arch design 1,
16 gage
L.F.
236
$22.23
$5,246.28
$24.27
$5,727.72
$30.00
$7,080.00
$40.00
$9,440.00
8. 2'X2' Grata inlet
EA.
2
$1,627.20
$3,254.40
5971.52
$1,943.04
51,850.00
53,700.00
$2,000.00
$4,000.00
9. 3'X3' Grate inlet
EA.
1
$1,898.40
$1,898.40
51,798.08
$1,798.08
$2,500.00
52,500.00
$2,500.00
$2,500.00
10. Pavement repair
S.Y.
330
57.25
$2,392.50
$33.60
511,088.00
525.00
58,250.00
550.00
516,500.00
11. 5' Concrete curb inlet with transition curbs
EA.
1
51,898.40
$1,898.40
$1,476.96
$1,476.96
$2,500.00
52,500.00
52,000.00
52,000.00
12. Reinforced concrete riprap sloping
headwalls
EA.
3
$555.96
$1,667.88
$453.12
$1,359.36
$400.00
51,200.00
5550.00
$1,650.00
13. Remove existing pavement backfill
with topsoil and install solid Bermuda
block sodding.
S.Y.
110
$9.83
$1,081.30
$23.04
52,534.40
$11.00
51,210.00
$10.00
$1,100.00
14. Pavement markings, 4" width
L.F.
990
$0.61
$603.90
$1.03
$1,019.70
$0.75
$742.50
$1.00
5990.00
15. Permanent erosion control (revegetation)
L.S.
1
$406.80
$406.80
52,039.04
$2,039.04
51,500.00
51,500.00
$8,000.00
$8,000.00
16. Silt fence for erosion control
L.F.
400
$1.70
$680.00
$2.20
$880.00
$1.75
$700.00
$2.00
5800.00
TOTAL:
5
555,524.65
5
557,145.08
566,748.00
599,895.00
orrectel] 1 ota
10/24/94 16:26 ROUND ROCK PUELIC WORKS -+ 512 255 6676
DATE: October 24, 1994
SUBJECT: City Council Meeting, October 27, 1994
ITEM: 1OD. Consider a resolution accepting the bid on the Round Rock
Police Station Entrance Road.
STAFF RESOURCE PERSON: Jim Nuse
STAFF RECOMMENDATION:
NO.560 D03
Four bids were received for the Police Station Entrance Road Improvements
with the low bid submitted by JKL, Inc. Staff recommends award of the contract at
their low bid of $55,524.65
R
CITY OF ROUND ROCK
PUBLIC WORKS DEPARTMENT
PROJECT
Round Rock Police Station
Entrance Road
October, 1994
SPECIFICATIONS AND CONTRACT DOCUMENTS
Section
TABLE OF CONTENTS
Description Page
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
7.0 Plans, Details and Notes PDN -1
table.mst/spec
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 Round Rock Police Station
Entrance Road (project includes approximately 313 feet of flexible base, HMAC surface
course, ribbon curbed roadway and other related improvements) will be received until
2 :00 p.m., Tuesday, October 11, 1994 then publicly opened and read aloud at the City
Hall Council Chambers at the same address. Bid envelopes should state date and time
of bid and "Round Rock Police Station Entrance Road ". 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 Department of Public Works, 2008 Enterprise Drive, in Round Rock, Texas
beginning September 27, 1994 for a non - refundable charge of $15.00 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:
September 26, 1994 September 26, 1994
October 3, 1994 October 3, 1994
aoticcbd /awspec
NB -1
2.0 BID DOCUIVIENTS
biddoc.pde /aw.spec
INSTRUCTIONS TO BIDDERS
1. Prior to submitting any proposal, bidders are required to read the plans,
specifications, proposal, contract and bond forms carefully; to inform themselves
by their independent research, test and 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
proposal.
2. Should the bidder find discrepancies in, or omissions from the plans,
specifications, or other documents, or should he be in doubt as to their meaning,
he should notify at once the Engineer and 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 proposal forms furnished by the City of Round Rock.
6. All proposals 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. Proposal guarantees must be submitted in the same sealed envelope with
the proposal. Proposals submitted without check or bid bonds will not be
considered.
7. All bid securities will 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.
BD -1
8. Until the award of the contract, the City of Round Rock reserves the right to reject
any and all proposals and to waive technicalities; to advertise for new proposals;
or to do the work otherwise when the best interest of the City of Round Rock will
be thereby promoted.
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 proposals, and no bidder may withdraw his proposal 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 Security 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 will be waived by the City of Round Rock. Payment will be
made following completion of the work.
13. Failure to execute the construction contract within ten (10) days of written
notification of award or failure to furnish the 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
proposal guarantee shall become the property of the City of Round Rock, not as
a penalty, but as a liquidated damage.
14. No contract shall be binding upon the City of Round Rock until it has been signed
by its Mayor after having been duly authorized to do so by the City Council.
biddoc.pde/aw.spec BD -2
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.pde /aw.spec
BD -3
1
BID BOND
' KNOW ALL MEN BY THESE PRESENTS THAT WE,
I as PRINCIPAL and as
SURETY, are held and firmly bound unto the
' . hereinafter referred to as the "OWNER ", in the penal sum of five percent (5 %) of the
total amount of the bid of the PRINCIPAL submitted to the OWNER, for the work
I described below; for the payment of which sum in lawful money of the United States of
America, well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
I In no case shall the liability of the SURETY hereunder exceed the sum of
$
' The CONDITIONS OF THIS OBLIGATION ARE SUCH, THAT whereas, said
PRINCIPAL has submitted the above mentioned bid to the OWNER, for construction
for the work under the "SPECIFICATIONS FOR CONSTRUCTION OF
'
for which
bids are to be opened at the office of the OWNER on
1 NOW THEREFORE, if the PRINCIPAL is awarded the contract, and within the time and
manner required under the heading "Instructions to Bidders ", after the prescribed forms
are presented to him for signature, enters into a written agreement, substantially in the
form contained in the Specifications, in accordance with the bid and files the town bonds
with the OWNER, one to guarantee faithful performance and the other to guarantee
payment for labor and materials, then this obligation shall be null and void, otherwise,
it shall be and remain in full force and effect.
In the event suit is brought upon this bond by the OWNER and judgement is recovered,
said SURETY shall pay all costs incurred by the OWNER in such suit, including a
reasonable attorney's fee to be fixed by the Court.
In WITNESS WHEREOF, we have hereunto set our hands and seals this day of
1 Principal: Surety:
By: By:
(Seal) (Seal)
biddoc.pde/aw.spec BD -4
1
41
yyHWfealblLMI1 1 UJCIlLxynSTar4 //indiVuIZAVVtl AIIII lCINCIr , a I■si
UNITED STATES FIDE L' ARANTY COMPANY
BID BOND
3
BOND NUMBER
KNOW ALL MEN BY THESE PRESENTS:
THAT JKLx ICIG, 3 4.
825 B ED BLUESTEIN BLVD of AUSTIN, TX 78721
as Principal , and UNITED STATES FIDELITY AND
GUARANTY COMPANY, a Maryland corporation, as Surety, are held and firmly bound unto CITY OF ROUND ROCK
as Obligee, in the full and just sum of FIVE (5%) PERCENT OF THE GREATEST AMOUNT BID
(5%GAB) Dollars,
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 POLICE STATION ENTRANCE ROAD
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
f,
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
if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. s-^'_ `-. -
Signed, sealed and delivered 10/11/94 _ „� y s •'-
' -----
(Date) — -� i' ^' ,
JKL INC. ' " '(SFAU= ''
w T�
.:h4 �
UNIT 0 STATES Fl E LI AND GUARANTY COMPANY �y
; Attorney. I fact
•
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MA v AlINNIMMIMENEMARAMIC .r :, v:; 11a ' / ;Guh;WWI V ihrr a ^71 11ta&'ic;G i •',
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Contract 11
(Revised)
(1 -74)
KNOW ALL MEN BY THESE PRESENTS: Thal UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing
under the laws of the State of Maryland and having itspnocipal office at the City of Baltimore, to the State of Maryland does hereby constitute and appoint
Robert C. Siddons, Steven Banner Siddons, William A. Grote, Bettye Ann Rogers, Robert C.
Fricke and Linda Couey
of the Guy of Austin , State of Texas its true and lawful Attomey(s)-in -Fact, each in their separate
capacity If more than one is named above, to sign us name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other
written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts;
and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal,
duly attested by the signatures of its Senior Vice President and Assistant Secretary, this 19 thlay of February , A.D. 1992.
STATE OF MARYLAND)
BALTIMORE CIY )
on this 19th day of February , A.D,19 9
Senior Via President of the UNITED STATES FIDELITY DG
Secretary of said Company, with both of whom l am pe . - quainted,
Lamendola and Paul y s
the said UNITED STATES FIDELITY AND y. a. COMPANY,
each knew the seal of said corporation; th£tIbe affixed to said Po
of said corporation, and that they signed their names thereto by Ijk�oeTas
My Commission expires the llth day in rch
FS 3 (10-92)
N_° 649928
UNITED STATES FIDELITY AND GUARANTY COMPANY
(Signed) B
(Signed) B
SS
(Si
POWER OF ATTORNEY
NO. 107217
UNITED STATES FIDELITY AND GUARANTY COMPANY
before me perso
A1ZAN'fY COMP
who bei
Senior Vice President
- �(j ssisuntSecretay
4O
NOTARY PUBLIC
Assistant Secretary
d Robert J. Lamendola
Paul D. Sims ,Assistant
em1ly duly swom that they, the said Robert J.
were e ty
spectiveibe k
described Vice President and the Assistant Secretary of
on de ibed i an e e
toted the foregoing Power of Attorney; that they
mey was such co that it was so affixed by order of the Board of Directors
Senior Via Pre si, �ssistant Secretary, respectively, of the Company.
This Power of Attorney is granted under and b �1llo, of the following Resolutions adopted by the Board of Directors of the UNITED STATES
FIDELITY AND GUARANTY COMPANY on Scpter rN.4�'1992:
RESOLVED, that m connection with the fi l:ty and surety insurance business of the Company, all bolds, undertakings, contracts and other instruments
relating to said business maybe signed, executed, and acknowledged by persons or entities appointed as Attomey(s) -in -Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,
either by the Chairman, or the President, or an Executive Vice President, or a Senior Via President, or Vice President or an Assistant Vice President, jointly with the
Secretary or an Assistant Secretary, under their respective des,gnatioes. The signature of such officers may be engraved, printed or lithographed- The signature of each
of the foregoing officers and the seal of the Company may be aged by facsimile to any Power of Attorney or to any certificate relating thereto appointing
Attorney(s)-in-Fact for purposes only of executing and attesting bonds and uodertaktngs and other writings obligatory in the nature thereof, and, unless subsequently
revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and
binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company
with respect to any bond or undertaking to which it is validly attached.
RESOLVED, that Attomey(s ).io -Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations
of the Power ofAttoeaey issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,
and other writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s )-ice -Fact shall be as binding upon the Company as if signed by
no Execotwe Officer and sealed and attested to by the Secretary of the Company.
1, Paul D. Sims , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY,
do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on September 24, 1992 and that this
Resolution is in full force and effect
I, the undersigned Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY do hereby certify that the foregoing Powei of
Attorney is in full forte and efectaud has not been revoked. 1 , `
In
Testimony WbereoL I b ve emunto set band and the seal of STATES FIDELITY AND GUARANTY COMPANY on this LJ(}kda
-- ray my Y
of 00......T1) t,E � - , 1 — ^ O
O. 1
imam (W� l/ /(__;
PROPOSAL BIDDING SHEET
I OB NAME: ROUND ROCK POLICE STATION ENTRANCE ROAD
JOB LOCATION: Round Rock, Williamson County, Texas
F WNER: City of Round Rock, Texas
DATE: OCTOBER 11, 1994
U entlemen:
Pursuant to the foregoing Notice to Bidders and Instructions to Bidders, the undersigned bidder
hereby proposes to do all the work, to furnish all necessary superintendence, labor, machinery,
equipment, tools, materials, insurance and miscellaneous items, to complete all the work on which he
' b ids as provided by the attached supplemental specifications, and as shown on the plans for the
construction of Round Rock Police Station Entrance Road and binds himself on acceptance of this
'proposal to execute a contract and bond for completing said project within the time stated, for the
following prices, to wit:
BASE BID
Bid Item Description Unit
/Item Quantity Unit and Written Unit Price Price Amount
11
•
1 ..
1. 1,338
2. 1,338
3. 225
biddoc.pde /aw.spec
S.Y. Unclassified Street excavation,
complete in place
for Rue e dollars
and S; ut Two cents. $ $ 7 D
S.Y. Flexible base, 12 inch crushed
stone, complete in place
L.F.
for S; X dollars
and T h er - + 71. cents.
Concrete curb and gutter,
complete in place
for - dollars
and er?MM F,•ur cents.
BD -5
$ to $86
$ /D 70,3 $x,246//
I ' Bid Item Description Unit
1 Item Ouantity Unit and Written Unit Price Price Amount
I 4. 520 L.F. Concrete ribbon curb,
complete in place
1 for 72'46. dollars
and F A cents. $ 94 $ i-/935/ .� n
1
5. 64 L.F. Concrete curb,
1 complete in place
for /),i a dollars
1 and FUra 72m, cents. $ Fr $ &07
6. 1,275 S.Y. Hot mix asphaltic concrete
pavement, Type "D ", 2 inch,
complete in place
1 for Any dollars
and s' Xf� & 4 1- cents. $ 9 0. $ /a-35/a
7. 236 L.F. Corrugated metal pipe arch,
design 1, 16 gage,
complete in place
for -went ' -hob dollars
and7- , rAl �-hr: cents. $49 A $ 5a�llo
I 8. 2 Each 2'X2' Grate inlet,
complete in place
II Six e hun cit. d
for.a,., S,utn dollars
III NO
and Twee +,� cents. $ //,..77 y � $ "
9. 1 Each 3'X3' Grate inlet
complete in place
E hi,.,, nvrar
for 1l,, dollars s ya o
1 and F cents. $ i898,� $ /898 a
11 biddoc.pde /aw.spec BD -
1
'Bid Item Description Unit
1 Item Quantity Unit and Written Unit Price Price Amount
10. 330 S.Y. Pavement repair
complete in place
11
1
1
11
1
11
1
1
1
1
1
1
1
1
1
1
1
12. 3
13. 110
14. 990
15. 1
biddoc.pde/aw.spec
for SE Oen dollars
0
and T��nf F, �c cents. $ 7 00 $0/3
Each 5' Concrete curb inlet with
transition curbs,
complete in place
Eqh +een honclved
for +v dollars
and t-o,..1 -,� cents.
Each Reinforced concrete riprap
sloping headwalls,
complete in place
F;',7e hondr
for �f� y dollars �,
and Avid., S; cents. $ o0
S.Y. Remove existing pavement,
backfill with topsoil and
install solid Bermuda block
sodding, complete in place
L.F.
L.S.
BD -7
$7898/co $ 7R98, a
for 79,irc dollars
and E tAr« cents. $ 8 0 $ /08/ .00
Pavement markings, 4"
width, complete in place
for 1.11. dollars o
and S ;S 54 cents. $ • 61 $ 100.3 0
Permanent erosion control
(Revegetation), complete in place
for F, ,4_c6,',- dollars
and ey /1 f cents. $ , /Olo .m $ 4 /06 ,
Bid
Item Quantity
16. 400
1
1
' TOTAL BASE BID (Items 1 thru 16):
'STATEMENT OF SEPARATE CHARGES:
1
Item Description Unit
Unit and Written Unit Price Price Amount
L.F. Silt fence for erosion control,
complete in place
Materials:
All Other Charges:
Total:
for On e
and ��
dollars vo
cents. $ l 7 7 O $ 1080 'a)
$
$.5-kz as
' If this proposal is accepted, the undersigned agrees to execute the contract and provide necessary bonds
and insurance certification as per the Instructions to Bidders and commence work within ten (10) days
after written Notice to Proceed. The undersigned further agrees to complete the work in full within
'sixty (60) calendar days after the date of the written Notice -to- Proceed.
The undersigned certifies that the bid prices contained in the proposal have been carefully checked and
'are submitted as correct and final. The Owner reserves the right to reject any or all bids and may
waive any informalities.
'Respectfully Submitted,
11 e
itle for
Name of Firm
Or7 -L 1/ 1 99'1
Date
1
1
1
Pre 5 cl€rt i
biddoc.pde /aw.spec
f3.-S A Ed l3 13 Iuc(
,4us Texas, 7S7n� I
Address
5�2 3B 5 - s`75o
Telephone �/ /,�/{A�
OiJJ74 74 �-x
Secretary, if Contractor is
Corporation
BD -8
3.0 POST BID DOCUMENTS
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS AGREEMENT, made and entered into this 27th day of October. A.D. 1924, by
and between the CITY OF ROUND ROCK, TEXAS acting through it's Mayor, Party of
the First Part, hereinafter termed the OWNER, and JKL, Inc. of the City of Austin ,
County of Travis, 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
Proposal dated October 11, 1994 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 60 calendar days after the date of the written Notice to Proceed. Time is of the
essence to this contract.
The Owner agrees to pay the Contractor in current funds, and to make payments
on account, for the performance of the work in accordance with the Contract, at the
prices set forth in the Contractor's Proposal, subject to additions and deductions, all as
provided in the General Conditions of the Agreement.
postbid.per /specAW
AGREEMENT
Round Rock Police Station Entrance Road
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 Proposal and 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:
By
By: 3 9 MOW/
Secretary, if Contractor
is a Corporation or
otherwise registered with
the Secretary of the State
pcstbid.per /specAW
PBD -2
By:
Party o the Fir,•'t '`f' (Owner)
Mayor - City o ' sund Rock
arty of the Second Part
(Contractor)
1
1
1
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1
1
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1
THE STATE OF TEXAS
COUNTY OF WITT.IAMSON
KNOW ALL MEN BY THESE PRESENTS: That JKL, Inc. of the
City of Austin , County of TTr avis , and State of
Texas p ITED S1�T riLnI LI
a s Principal, and AND cvAxAN TY coriPAlT�ulhorized under the law
of the State of Texas to act as surety on bonds for principals, are held and firmly bound
unto THE CITY OF ROUND ROCK, TEXAS, (Owner), in the penal sum of FIFTY FIVE
THOUSAND, FIVE HUNDRED 6 TWENTY FOURd011ars ($55,524.65 ) for the payment
whereof, well and truly to be made the said Principal and Surety bind themselves, and
their heirs, administrators, executors, successors and assigns, jointly and severally, by
these presents:
WHEREAS, the Principal has entered into a certain written contract with the Owner
dated the 27th day of October, 1994 to which the contract is hereby referred to and made
a part hereof as fully and to the same extent as if copied at length herein consisting of:
Round Rock Police Station Entrance Road
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if
the said Principal shall faithfully perform said Contract and shall, in all respects, duly and
faithfully observe and perform all and singular the covenants, conditions and agreements
in and by said Contract, agreed and covenanted by the Principal to be observed and
performed, including but not limited to, the repair of any and all defects in said work
occasioned by and resulting from defects in materials furnished by or workmanship of,
the Principal in performing the work covered by said Contract and occurring within a
period of twelve (12) months from the date of the contract Completion Certificate and all
other covenants and conditions, according to the true intent and meaning of said Contract
and the Plans and Specifications hereto annexed, then this obligation shall be void;
otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article
5160 of the Revised Civil Statues of Texas as amended and all liabilities on this bond
shall be determined in accordance with the provisions of said Article to the same extent
as if it were copied at length herein.
post id.pedspecAW
PERFORMANCE BOND
PBD -3
JKL, Inc.
Principal
Title
PERFORMANCE BOND (continued)
Surety, for value received, stipulates and agrees that no change, extension of time,
alteration or addition to the term of the contract, or to the work performed thereunder,
or the plans, specifications, or drawings accompanying the same, shall in anywise affect
its obligation on this bond, and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the contract, or to the work to be performed
thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this
instrument this THIRD
19 94.
P cs,o/eil-
825 A ED BLUESTEIN BLVD
Address
AUSTIN, TX 78721
- United Stat
Surety
By:
ATTY —IN —FACT
Title
The name and address of the Resident Agent of Surety is :
FRANK SIDDONS INSURANCE AGENCY
P 0 BOX 2125, AUSTIN, TX 78768
posibid.pedspecAW
PBD -4
day of NOVEMBER
Fidelity and Guaranty Company
7330 SAN PEDRO #800
Address
SAN ANTONIO, TX 78216
1
Robert C. Siddons, Steven Banner Siddons, William A. Grote, Bettye Ann Rogers, Robert C.
Fricke and Linda Couey
KNOW ALL MEN BY THESE PRESENTS: Thal UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing
wider the laws of the State of Maryland and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
of the City of Austin , Slate of Texas its true and lawful Attorney(s)-in-Fact, each in their separate
capacity if more than one is named above, to sign its name as surety to, and to execute, seal and aclmowledge any and all bonds, undertakings, contracts and other
written instruments in the nature thermion behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts;
and executing or guaranteeing bonds and undertakings required or pemtitted in any actions or proceedings allowed by law.
In Witness Whereof the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal,
duly attested by the sigoatues of its Senior Vice President and Assistant Secretary. this 19thlny of February A.D. • 19 92 •
STATE OF MARYLAND)
BALTIMORE CITY )
I
1
1 1
I
1
I
I
'\ FS 3 (10.92)
N2 649959
UNITED STATES FIDELITY AND GUARANTY COMPANY
(S .0
POWER OF ATTORNEY
NO. 107217
UNITED STATES FIDELITY AND GUARANTY COMPANY
SS: 40
On this 19th day of February ,A.A9
D )b Robert J. Lamendola •
Senior Vice President of the UNITED STATES FIDELITY g TfARAMY COMPAN Paul D. Sims , Assistant
Secretary of said Company, with both of whom I am pe tat ted, who being erally duty sworn that they, the said Robert J.
Lamendola and Paul 1 were respectivelythe Z r Vice President and the Assistant Secretary of
the said UNITED STATES FIDELITY AND ��++�1 COMPANY, an described in an ``n h toted the foregoing Power of Attnmry; that they
each knew the seal of said corporation; th9F�hb Seal affixed to said Pc mey was such co • e - �1', that it was so affixed by older of the Board of Directors
of said corporation. and that they signed their names thereto by). ' o r as Senior Via Presi, - 'ssistaot Secretary, respectively, of the Company.
My Commission expires the l day in rch
` S NOTARY PUBLIC
=em.:
This Power of Attorney is granted under and by y the following Resolutions adopted by the Board of Directors of the UNITED STATES
FIDELITY AND GUARANTY COMPANY on Sept ep>bdr 4, 1992:
RESOLVED, that in connection with the fi and surety insurance business of the Company, all bonds, undertakings, contracts and other instmmeats
relating to said business maybe signed, executed, and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,
either by the Chairman, or the Presided, or an Executive Vice President, or a Senior Via President, or a Vice President or an Assistant Via President, jointly with the
Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each
of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing
Attorney(s )-in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof; and, unless subsequently
revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and
binding upon the Company and any such power so executed and certified by such facsimle signature and facsimile seal shall be va lid and binding upon the Company
with toy..et to any bond or undertaking to which it is validly attached.
RESOLVED, that Attorney(s)-in-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the temp and limitations
of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,
and otherwnlings obligatory in the nature thereoK and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by
an Executive Officer and sealed and attested to by the Secretary of the Company.
Paul D. Sims , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY,
do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on September 24, 1992 and that this
Resolution is in full fora and effect
',the undersigned Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY do hereby certify that the foregoing Power of
Attorney is in full fume and effect and has not been revoked.
In Testimony Whereof, I have hereunto set my band and the sal of l NTrED STATES FIDEI TTY AND GUARANTY COMPANY on this12D day
of ,hth) • 19 C I+
Assistant Secretary
1
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Pi
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W1
1
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
postbid.per/apecAW
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That JKL, Inc. , of the
City of Austin , County of Travis , and State of
Texas as Principal, and u s F 6,c authorized under the laws of the
State of Texas to act as Surety on Bonds for Principals, are held and firmly bound unto
THE CITY OF ROUND ROCK, (OWNER), and all subcontractors, workers, laborers,
mechanics and suppliers as their interest may appear, all of whom shall have the right to
sue upon this bond, in the penal sum of FIFTY FIVE THOUSAND, FIVE HUNDRED & TWENTY
FOUR Dollars ($ 55,524.65 ) for the payment
whereof, well and truly be made the said Principal and Surety bind themselves and their
heirs, administrators, executors, successors, and assigns, jointly and severally, by these
presents:
WHEREAS, the Principal has entered into a certain written contract with the Owner,
dated the 27th day of October, 1994, to which Contract is hereby referred to and made
a part hereof as fully and to the same extent as if copied at length herein consisting of:
Round Rock Police Station Entrance Road
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics,
and suppliers, all monies to them owing by said Principals for subcontracts, work, labor,
equipment, supplies and materials done and furnished for the construction of the
improvements of said Contract, then this obligation shall be and become null and void;
otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article
5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond
shall be determined in accordance with the provisions of said Article to the same extent
as if it were copied at length herein.
PBD -5
PAYMENT BOND (continued)
Surety, for value received, stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the contract, or to the work performed thereunder,
or the plans, specifications or drawings accompanying the same shall in anywise affect
it's obligation on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the contract, or to the work to be
performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this
Instrument this THIRD day of NOVEMBER , 19 94
JKL, Inc.
Principal
) : A te, / .1f
Title
825 A ED BLUESTEIN BLVD
Address
AUSTIN, TX 78721
The name and address of the Resident Agent of Surety is :
FRANK SIDDONS INSURANCE AGENCY
P.O. BOX 2125, AUSTIN, TX 78768
postbid.por /spccAW
United States Fide ity and Guaranty Company
Surety
PBD -6
By:
ATTY -IN -FACT
Title
7330 SAN PEDRO, #800
Address
SAN ANTONIO, TX 78216
1�
1
1
1
1 1
1
1
KNOW ALL MEN BY THESE PRESENTS: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing
der the laws of the State of Maryland and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
Robert C. Siddons, Steven Banner Siddons, Milian A. Grote, Bettye Ann Rogers, Robert C.
Fricke and Linda Curtsy
oldie City of Austin , Stare of Texas its true and lawful Attomey(s )-in -Fact, each in their separate
capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other
written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts;
and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof; the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal,
duly attested by the signatures of its Senior Vice President and Assistant Secretary, this 19thday of February .A•D•1992 •
STATE OF MARYLAND)
BALTIMORE CITY )
On this 19th day of February
Senior Vice President of the UNITED STATES FIDELITY
Secretary of said Company, with both of whom I am pe
Lamendola and Paul
the said UNITED STATES FIDELITY AND{.i
each knew the seal of said corporation; t` `
of said corporation, and that they signed their names thereto byJo*
1
1
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1
1
1
3 (10.92)
UNITED STATES FIDELITY AND GUARANTY COMPANY
(Signed) By
(Signed) By
SS:
UNITED STATES FIDELITY AND GUARANTY COMPANY
,A•D�199� liefore meperso !� R obert J. Lamendola
GUARANTY cOMPANI Paul D. Sims , Assistant
a cquainted, who beiagby a, malty duly swomihat they, the said Robert J.
„Mss were mapeetively�hl h r Vice President and the Assistant Secretary of
COMPANY, rybration described in an �,g t cented the foregoing Power of Attorney; that they or
to said Pofry�my was such co . • �ys a} that it was so affixed by order of the Board of Directors
as Senior Vice Presi_ • ssistant Secretary, respectively, of the Company.
affixed
My Commission expires the 11th day in F rch
(Si( * .
POWER OF ATTORNEY
NO. 107217
Y'
NOTARY PUBLIC
■9 649960
This Power of Attorney is granted under and bzzat4 etyof the following Resolutions adopted by the Board of Directors of the UNITED STATES
FIDELITY AND GUARANTY COMPANY on Septemli , 1992:
RESOLVED, that in connection with the f, I,ty and surety insurance business of the Company, all bonds, undertakings, contracts sod other instruments
relating to said business may signed, executed, and acknowledged by persons or entities appointed as Attomey(s) -io -Fact pursuant to a Power of Attorney issued in
aecoolance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,
either by the Chairman. or the President, or an Executive Vice Pmsideol, or a Senior Via President, or a Vice President or an Assistant Vice President, jointly with the
Secretary orm Assistant Secretary, under their respective designation. The armature of such officers may be engraved printed or lithographed. The signature of each
of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing
Attomey(s ).in -Foot for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof and, unless subsequently
revoked and subject to any limitations set forth therein, any such Power of Attomey or certificate bearing such facsimile signature or facsumle seal shall be valid and
binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company
with respect to any bond or undertaking to which it is validly attached.
RESOLVED, that Attomey(s ).in -Fact shall have the power and authority, unless subsequently rooked and, in any case, subject to the terms and limitations
of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,
and other writings obligatory in the nature thereof and any such instrument executed by such Attomey(s) -in -Fact shall be as binding upon the Company as if signed by
an Executive Officer and sealed and attested to by the Secretary of the Company.
Paul D. Sims , an Assistant Secretary ofthe UNrFED STATES FIDELITY AND GUARANTY COMPANY,
do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on September 24, 1992 and that this
Resolution is in full force and effect.
I, the undersigned Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY do hereby certify that the foregoing Power of
Attorney is in full force and effect and has not been revoked.
In Testimony Whereof I have hereunto set my hand and the seal of Ij 1 STATES FIDELITY AND GUARANTY COMPANY on this 3¢D day
of NOJ 09q4.
Assistant Secretary
' I
poslhid.pedspecAW
•
CERT 11 OF INSURANCE
City of Round Rock
221 East Main Street
Round Rock, Texas 78664
PBD -7
Date: 11 -03 -94
1 1
! THIS IS TO CERTIFY THAT J.K.L., Inc.
is, at the date of this certificate,
insured by this company with respect to the business operations hereinafter described, for the types of
insurance and in accordance with the provisions of the standard policies used by this company, and '
further hereinafter described. Exceptions to standard policies are noted on the reverse side hereof.
I TYPE OF POLICY Ek /ECTIVE EXPIRATION LIMITS OF
INS. NO. DATE DATE LIABILITY
J Statutory, State of
Workmen's Texas, $
J Compensation
- Employer's Liability
Street and Road Contracting
Description of Work
Comprehensive Bodily Injury
• 1 General Al23368868 09/21/94 09/21/95 $ /person
Liability pe
$ /person
Includes
General Aggregate 2,000,000
Contractual Products— Comp /Ops Aggregate 1,000,000
Liability Personal &Advertising Injury 1,000,000
Each Occurrence 1,000,000
Fire Damage (Any one Fire) 50,000
Covers Property Damage
Independent $ /accident
i I Contractors $ a e
1 ggr g
Owner's Bodily Injury
Protective $ /person
$ /accident
Property Damage
Contractors $ /accident
$ aggregate
11/09/94 ■ 11445 ROUND ROCK, PUBLIC WORKS 512 320 5815
cert ificate o f Insuran a lrnntin
Comprehensive
Automobile
Liability
Owned Vehicles
Hired Vehicles
Non -owned Vehicles
Includes Contractual Liability
Contractual
Liability
CITY OF ROUND ROCK IS
ADDED AS ADDITIONAL INSURED
ON THE GENERAL LIABILITY
AND AUTO POLICIES
ponbid.mNepeo
BUAl23368871 9 -21 -94 9 -21 -95
CNA /CONTINENTAL CASUALTY COMPANY
Name of
By:
Title:
Pl y
r T
Bodily Injury
$ /person
$ /accident
Property Damage
$ /accident
$1,000,000
COMBINED SINGLE LIMIT
The above policies either in the body thereof or by appropriate endorsement provide that they may not
be changed or canceled by the insurer in less than thirty (30) days after the insured has received written
notice of such change or cancellation.
The Certificate of Insurance neither affirmatively or negatively amends extends, or alters the coverage
afforded by policy or policies indicated by this certificate.
Address: 6805 CAPITAL OF TEXAS HWY. NORTH
PBD -8
SUITE 260
AUSTIN, TEXAS 78731 -1716
o: City of Round Rock
221 East Main Street
Round Rock, Texas 78664
THIS IS TO CERTIFY THAT J.K.L. , Inc. is, at the date of this certificate,
insured by this company with respect to the business operations hereinafter described, for the types of
insurance and in accordance with the provisions of the standard policies used by this company, and
further hereinafter described. Exceptions to standard policies are noted on the reverse side hereof.
TYPE OF
INS.
-Workmen's
Compensation
1 ;1
Comprehensive
General Al23368868
Liability
Includes
Contractual
Liability
Covers
Independent
Contractors
Owner's
Protective
Contractors
porn d.prisp«:AW
CERTIFICATE OF INSURANCE
POLICY EFFECTIVE
NO. DATE
09/21/94 09/21/95
PBD -7
Date: 11 -03 -94
Street and Road Contracting
Description of Work
EXPIRATION
DATE
General Aggregate
Products - Comp /Ops Aggregate
Personal & Advertising Injury
Each Occurrence
Fire Damage (Any one Fire)
LIMITS OF
LIABILITY
Statutory, State of
Texas, $
Employer's Liability
Bodily
$
Injury
/person
/person
2,000,000
1,000,000
1,000,000
1,000,000
50,000
Property Damage
$ /accident
$ aggregate
Bodily Injury
$ /person
$ /accident
Property Damage
$ /accident
$ aggregate
-
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Comprehensive
Automobile
Liability
Owned Vehicles
Hired Vehicles
postbid.per /specAW
Certificate of Insurance (continued)
Non -owned Vehicles
BUAl23368871
Includes Contractual Liability
Contractual
Liability
09/21/94 09/21/95
The above policies either in the body thereof or by appropriate endorsement provide that they may not
be changed or canceled by the insurer in less than thirty (30) days after the insured has received written
notice of such change or cancellation.
The Certificate of Insurance neither affirmatively or negatively amends extends; or alters the coverage
afforded by policy or policies indicated by this certificate.
CNA /Continental Casualty Company
Name of Insurer
By:
Title:
Address: 6805 Capital of Texas Hwy North
PBD -8
Suite 260
Austin, Texas 78731 -1716
Bodily Injury
$ 1.000. /person
$ 1,000,000 /accident
Property Damage
$ 1,000,000 /accident
Combined Single Limit
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i1
To: City of Round Rock Date: 11 - 03 - 94
221 East Main Street
Round Rock, Texas 78664
THIS IS TO CERTIFY THAT J.K.L., Inc. is, at the date of this certificate,
insured by this company with respect to the business operations hereinafter described, for the types of
insurance and in accordance with the provisions of the standard policies used by this company, and
further hereinafter described. Exceptions to standard policies are noted on the reverse side hereof.
TYPE OF POLICY EFFECTIVE
INS. NO. DATE
Workmen's
Compensation
Comprehensive
General
Liability
Includes
Contractual
Liability
Covers
Independent
Contractors
Owner's
Protective
Contractors
postbid.pedspecAW
CERTIFICATE OF INSURANCE
TSF 115578 -01 09/29/94
PBD -7
Street and Road Contracting
Description of Work
EXPIRATION LIMITS OF
DATE LIABILITY
•
Statutory, State of
09/29/95 Texas, $ 500,000
Employer's Liability
Bodily Injury
$ /person
$ /person
Property Damage
$ /accident
$ aggregate
Bodily Injury
$ /person
$ /accident
Property Damage
$ /accident
$ aggregate
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Certificate of Insurance (continued)
Comprehensive Bodily Injury
Automobile $ /person
Liability $ /accident
Owned Vehicles Property Damage
Hired Vehicles
Non -owned Vehicles
Includes Contractual Liability
Contractual
Liability
posw;d.pedspecAW
Address: P.O. Box 4521
PBD -8
$ /accident
The above policies either in the body thereof or by appropriate endorsement provide that they may not
be changed or canceled by the insurer in less than thirty (30) days after the insured has received written
notice of such change or cancellation.
The Certificate of Insurance neither affirmatively or negatively amends extends, or alters the coverage
afforded by policy or policies indicated by this certificate.
Texas Workers Compensation Insurance Fund
Name of Insurer
B
Title:
Houston, Texas 77210 - 4521
BOND NUMBER AMOUNT
KNOW ALL MEN BY THESE PRESENTS,
That we, JKL, INC.
(hereinafter called the "Principal ") as
Principal, and theJNITED STATES FIDELITY AND GUARANTY COWAN Corporation duly organized
under the laws of the State of MARYLAND and duly licensed to
transact business in the State of TEXAS (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
FIFTY FIVE THOUSAND, FIVE HUNDRED dollars ($ 55,524.65 ) for the
&TWENTY FOUR
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.
Sealed with our seals and dated this THIRD
hundred and NINETY FOUR
MAINTENANCE BOND
day of NOVEMBER , A.D. nineteen
WHEREAS, the said Principal has heretofore entered into a contract with
THE CITY OF ROUND ROCK
Dated October 27, 1994, for construction of the Round Rock Police Station Entrance
Road.
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 Two (2) year(s) from the date of acceptance of
the project above described, by Owner:
The City of Round Rock, Texas
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 Two (2) year(s)
from the date of acceptance of the project above described, by Owner:
The City of Round Rock, Texas
postbid.per /specAW
PBD -9
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MAINTENANCE BOND (continued)
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.
JKL, INC. UNITED STATES F ELITY AND GUARANTY COMPANY
Principal
postbid.per /specAW
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By
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KNOW ALL MEN BY THESE PRESENTS: That UNTIED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing
under the laws of the State of Maryland and having its principal office at the City of Baltimore, in the State ue of Maryland, does hereby constitute and appoint
' Robert C. Siddons, Steven Banner Siddons, William A Grote, Bettye Ann Rogers, Robert C.
Fricke and Linda Couey
of the City of Austin , State of Texas its lure and lawful Attorney(s)-in-Fact, each in their separate
capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge my and all bonds, undertakings, contracts and other
I
written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of poisons; guaranteeing the performance of contracts;
and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
I In Witness WhereoL the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal,
duly attested by the signatures of its Senior Via President and Assistant Secretary, this 19thdayof February , A.D. 1992.
STATE OF MARYLAND)
(Signed) By
(Signed) By
Ss.
BALTIMORE CITY )
i On this 19th day of February
Senior Vice President of the UNITED STATES FIDELITY
I
Secretary of said Company, with both of whom I am pe
' Lamendola and Paul � ffi • ms
the said UNITED STATES FIDELITY AND x COMPANY,
each knew the seal ofsald corporation; t • al axedtosa�id Pori
II of said corporation, and that they signed their names thereto by
t! ✓f
My Commission expires the llth daym
(Sigel)
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FS 3(10.92)
of NOJ ,1944•
UNITED STATES FIDELITY AND GUARANTY COMPANY
POWER OF ATTORNEY
NO. 107217
UNITED STATES FIDELITY AND GUARANTY COMPANY
arch •
NOTARY PUBLIC
Senior Vice President
V Assistaot Secretary
Assistant Secretary
N°_ 649961
, A.9,491 before meperso 1 Robert J. Lamendola •
GUARANTY COMPA Paul D. Sims • Assistant
cquainted, who beinyby erally duly sworn, ' that they, the said Robert J.
were respectively.tM k r Vice President and the Assistant Secretary of
ration descnbed in an a BAectrted the foregoing Power of Attorney; that they
mry was sueb co •• , that it was so affixed by order of the Board of Directors
as Senior Vice Presi ssistmt Secretary, respectively, of the Company.
This Power of Attorney is granted under and b t it of she following Resolutions adopted by the Board of Directors of the UNITED STATES
FIDELITY AND GUARANTY COMPANY on Sept? 1992:
RESOLVED, that in connection with the fi hey and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments
relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attomey(s )-io•Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,
either by the Chairman, or the President, or an Executive Vice President, or a Senior Vice President, or a Vice President or an Assistant Vice President, jointly with the
Secretary or an Assistant Secretary, under their respective designation. The signature of such officers may be engraved, printed or lithographed. The signature of each
of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing
Attomey(s ).ia•Faer for purposes only of executing and attesting bonds and undertakings and other wntings obligatory in the nature thereoL and, unless subsequently
revoked and subject to my limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and
binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company
with respect to any bond or undertaking to which it is validly attached.
RESOLVED, that Attomey(s )-in-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations
of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,
and other writings obligatory in the nature tbereoL and any such instrument executed by such Attomey(s )-ia•Fact shall be as binding upon the Company as if signed by
an Executive Officer and sealed and attested to by the Secretary of the Company.
L Paul D. Sims , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY,
do hereby certify that the foregoing is a tine excerpt from the Resolution of the said Company as adopted by its Board of Directors on September 24, 1992 and that this
Resolution is in full force and effect.
I, the undersigned Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY do hereby certify that the foregoing Power of
Attorney is in full force and effect and bas not been revoked.
In Testimony Whereof, I ban hereunto set my hand and the seal of tYe UNCCED STATES FIDELITY AND GUARANTY COMPANY on this )9. day
4.0 GENERAL CONDITIONS
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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
2.01 - 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
gcncond.msVSpcc
General Conditions of Agreement
2. Responsibilities of the Engineer and the Contractor
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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
3.22 - Wage Rates
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
gencond.mJspcc
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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
1 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
1 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
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1. Definition of Terms
1.02 Contract Documents
gmcond.wt/spee
General Conditions of Agreement
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.
The Contract Documents shall consist of the Notice to Contractors, Instructions to
Bidders, Proposal, Signed Agreement, Performance and Payment Bonds (when required),
Special Bonds (when required), General Conditions of the Agreement, Construction
Specifications, Plans and all modifications thereof incorporated in any of 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), Proposal, 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.
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1.05 Written Notice
1.06 Work
grncond.mst/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.
1.07 Extra Work
The term "Extra Work" as used in this contract shall be understood to mean and include
all work that may be required by the Engineer or Owner to be done by the Contractor
to accomplish any change, alteration or addition to the work shown upon the plans, or
reasonably implied by the specifications, and not covered by the Contractor's Proposal,
except as provided under "Changes and 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.
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2. Responsibilities of the Engineer and the Contractor
2.01 Owner - Engineer Relationship
geneaad mst/spce
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 maldng any detailed, exhaustive, comprehensive or
continuous on -site inspection of the quality or quantity of the work or be in any way
responsible, directly or indirectly, for the construction means, methods, techniques,
sequences, quality, procedures, programs, safety precautions or lack of same incident
thereto or in connection therewith. Notwithstanding any other provision of this
agreement or any other Contract Document, the Engineer shall not be in any way
responsible or liable for any acts, errors, omissions or negligence of the 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.
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2.04 Initial Determinations
The Engineer initially shall determine all claims, disputes and other matters in question
between the Contractor and the Owner relating to the execution or progress of the work
or the interpretation of the Contract Documents and the Engineer's decision shall be
rendered in writing within a reasonable time, which shall not be construed to be less than
ten (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
2.06
gcocond.mUapec
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.
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
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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 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
performed, 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
gencond.mst/,pec
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
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verbal agreement or conversation with any officer, agent or employee of the Owner or
Engineer either before or after the execution of this contract, shall affect or modify any
of the terms or obligations herein contained.
2.09 Character of 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
gencond.msUepcc
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 shall be approved by the Engineer, and their use shall be
strictly enforced.
2.12 Shop Drawings
The Contractor shall submit to the Engineer, with such promptness as to cause no delay
in his own work or in that of any other Contractor, four (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
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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
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2.14 Defects and Their Remedies
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the required contract work in accordance with the plans and specifications and within the
contract time.
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 fmal 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.
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,
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forthwith remove such material and rebuild or otherwise remedy such work so that it
shall be in full accordance with this contract.
2.15 Changes and Alterations
eencond.msu,pec
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 conceming the plans, specifications and work but shall not be deemed the
agent of the Contractor for all purposes in communicating such matters.
Such inspector may confer with the Contractor or Contractor's superintendent concerning
the 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
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gencocd.msNspec
completed; or discovery or failure to discover or object to defective work of materials
shall release Contractor from his duty to complete all work in strict accordance with the
plans and specifications or 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
All drawings, specifications and copies thereof furnished by the Engineer shall not be
reused on other work, and, with the exception of the signed contract sets, are to be
returned to him on request, at the completion of the work. All models are the property
of the Owner.
3.03 Adequacy of Design
It is understood that the Owner believes it has employed competent• engineers and
designers. It is 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.
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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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
employees and others on or near the work and shall comply with all applicable provisions
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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 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
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by the Contractor at his own cost and expense.
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 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,
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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.
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 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. If the Contractor performs any work lcnowing 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 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 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 vary 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.
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.
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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.
3.20 Guarantee Against Defective Work
The contractor warrants the materials and workmanship and that the work is in
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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
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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.
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.
3.22 Wage Rates
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 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 any subcontractor.
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4. Prosecution and Progress
4.01 Time and Order of Completion
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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, and within the time of
completion designated in the Proposal: provided, also, that when the Owner is having
other work done, either by contract or by his own force, the Engineer may direct the
time and manner of constructing the work done under this contract, so that conflict will
be avoided and the construction of the various works being done for the Owner shall be
harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the
Engineer, schedules which shall show the order in which the Contractor proposes to
carry on the Work, with dates at which the Contractor will start the several parts of the
work, and estimated dates of completion of the several parts.
4.02 Extension of Time
Should the Contractor be delayed in the completion of the work by any act or neglect of
the Owner or Engineer, or of any employee of either, or by other contractors employed
by the Owner, or by changes ordered in the work, or by strikes, lockouts, fires, and
unusual delays by common carriers, or 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
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.
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5. Measurement and Payment
5.01 Quantities and Measurements
No extra or customary measurements of any kind will be allowed, but the actual
measured and /or computed length, area, solid contents, number and weight only shall be
considered, unless otherwise specifically provided.
5.02 Estimated Quantities
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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 proposals offered for the
work. It is understood and agreed that the actual amount of work to be done and
material to be furnished under this contract may differ somewhat from these estimates,
and that where the basis for payment under this contract is the unit price method,
payment shall be for the actual amount of such work done and 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 proposal; 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 proposal
that has a total cost equal to or greater that five (5) percent of the total contract cost,
computed on the basis of the proposal quantities and the contract unit prices.
Any revised consideration is to be determined by agreement between the parties,
otherwise by the terms of this Agreement, as provided under "Extra Work ".
5.03 Price of Work
In consideration of the furnishing of all the necessary labor, equipment and material, and
the completion of all work by the Contractor, and on the completion of all work and on
the delivery of all material 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 Proposal hereto attached, which has been made a part of this
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contract. The Contractor hereby agrees to receive such prices in full for furnishing all
material and all labor required for the aforesaid work, also for all expense incurred by
him, and for well and truly performing the same and the whole thereof in the manner and
according to this Agreement.
5.04 Partial Payments
On or before the 1st day of each month, the Contractor shall submit to the Engineer a
statement showing the total value of the work performed up to and including the 25th day
of the preceding month. The statement shall also include the value of all sound materials
delivered on the job site and to be included in the work and all partially completed work
whether bid as a lump sum or a unit item which in the opinion of the Engineer is
acceptable. The Engineer shall examine and approve or modify and approve such
statement.
The Owner shall then pay the Contractor on or before the 20th day of the current month
the total amount of the approved statement, less 10 percent of the amount thereof, which
10 percent shall be retained until final payment, and further less all previous payments
and all further sums that may by retained by the Owner under the terms of this
Agreement. It is understood, however, that in case the whole work be near to
completion and some unexpected and unusual delay occurs due to no fault or neglect on
the part of the Contractor, 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
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1
1 a minor or major nature, and thereby completing the structure or facility in accordance
with the Contract Documents.
1 5.06 Final Completion and Acceptance
1 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
1 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.
' 5.07 Final Payment
1 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
1 materials furnished under the terms of the Agreement and shall certify same to the
Owner, who shall pay to the Contractor on or before the 30th day, and before the 35th
day, after the date of the Certificate of Completion, the balance due the Contractor under
1 the terms of this contract; and said payment shall become due in any event upon said
performance by the Contractor. Neither the Certificate of Acceptance nor the final
payment, nor any provision in the Contract Documents, shall relieve the Contractor of
1 the obligation for fulfillment of any warranty which may be required.
5.08 Payments Withheld
1 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
1
from loss on account of:
I a) Defective work not remedied or other obligations hereunder not done.
b) Claims filed or reasonable evidence indicating probable filing of claims.
1 c) Failure of the Contractor to make payments properly to subcontractors or for
material or labor.
1 d) Damage to the Owner or another contractor's work, material or equipment.
I e) Reasonable doubt that the work can be completed for the unpaid balance of the
contract amount.
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1
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.
5.09 Delayed Payments
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
6.02 Minor Changes
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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.
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
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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 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
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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
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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 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
yeneond.msUepee
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.
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6.05 Continuing Performance
The Contractor shall continue performance of the contract during all disputes or
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
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
yrncoad.msV3pcc
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
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to comply with the orders of the Engineer, when such orders are consistent with the
Contract Documents, then, and in that case, where performance and payment bonds
exist, the Sureties on these bonds shall be notified in writing and directed to complete
the work, and a copy of said notice shall be delivered to the Contractor.
After receiving said notice of abandonment the Contractor shall not remove from the
work any 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 is less than the sum which would have been payable
under this contract, if the same had been completed by the Contractor,
then said Contractor shall receive the difference. In case such expense is
greater than the sum which would have been payable under this contract,
if the same had been completed by said Contractor, then the Contractor
and /or his Surety shall pay the amount of such excess to the Owner, or
(2) The Owner under competitive bids, taken after notice published as
required by law, may let the contract for the completion of the work under
substantially the same terms and conditions which are provided in this
contract. In case there is any increase in cost to the Owner under the new
contract as compared to what would have been the cost under this
contract, such increase shall be charged to the Contractor and the Surety
shall be and remain bound 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.
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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 contract, provided, however, that
actual written notice given in any manner will satisfy this condition. After mailing, or
other giving of such notice, such property shall be held at the risk of the Contractor and
his Surety subject only to the duty of the Owner to exercise ordinary care to protect such
property. After fifteen (15) days from the date of said notice the Owner may sell such
machinery, equipment, tools, materials or supplies and apply the net sum derived from
such sale to the credit of the Contractor and his Surety. Such sale may be made at either
public or private sale, with or without notice, as the 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
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In case the Owner shall fail to comply with the terms of this contract, and should fail to
comply with said terms within ten (10) days after written notification by the Contractor,
then the Contractor may suspend or wholly abandon the work, and may remove
therefrom all machinery, tools and equipment, and all materials on the site of work that
have not been included in payments to the Contractor and have not been wrought into the
work. And thereupon the Engineer shall make an estimate of the total amount earned
by the Contractor, which estimate shall include the value of all work actually completed
by said Contractor (at the prices stated in the attached proposal where unit prices are
used), the value of all partially completed work at a fair and equitable price, and the
amount of all Extra Work performed at the prices agreed upon, or provided for by the
terms of this contract, and a reasonable sum to cover the cost of any provisions made by
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the Contractor to carry the whole work to completion and which cannot be utilized. The
Engineer shall then make a final statement of the balance due the Contractor by deducting
from the above estimate all previous payments by the Owner and all other sums that may
be retained by the Owner under the terms of this Agreement and shall certify same to the
Owner who shall pay to the Contractor on or before thirty (30) days after the date of the
notification by the Contractor the balance shown by said final statement as due the
Contractor, under the terms of this Agreement.
8. Subcontractors
8.01 Award of Subcontracts for Portions of the Work
Unless otherwise specified in the Contract Documents or in the Instructions to Bidders,
the Contractor, as soon as practicable after the award of the Contract, shall furnish to the
Engineer in writing for 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.
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.
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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 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
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percentage.
The Engineer may, on request and at his discretion, furnish to any Subcontractor, if
practicable, information regarding percentages of completion certified to the Contractor
on account of work done by such Subcontractors.
Neither the Owner nor the Engineer shall have any obligation to pay or to see to the
payment of any moneys to such Subcontractor except as may otherwise be required.
9. Separate Contracts
9.01 Owner's Right to Award Separate Contracts
The Owner reserves the right to award other contracts in connection with other portions
of the project under these or similar conditions of the Contract.
When separate contracts are awarded for different portions of the Project, The
Contractor" in the contract documents in each case shall be the contractor who signs each
separate contract.
9.02 Mutual Responsibility of Contractors
The Contractor shall afford other contractors reasonable opportunity for the introduction
and storage of their materials and equipment and the execution of their work, and shall
properly connect and 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 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.
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9.03 Cutting and Patching under Separate Contracts
geocood.mat/.pee
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.
Any costs caused by defective or ill -timed work shall be borne by the party responsible
therefor.
10. Protection of Persons and Property
10.01 Safety Precautions and Programs
The Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the work.
10.02 Safety of Persons and Property
The Contractor shall take all reasonable precautions for the safety of, and shall provide
all reasonable protection to prevent damage, injury, or loss to:
(1) all employees on the work and all other persons who may be affected
thereby:
(2) all the work and all materials and equipment to be incorporated therein,
whether in storage or off the site, under the care, custody or control of the
Contractor or any of his Subcontractors or Sub - Subcontractors; and
(3) other property at the site or adjacent thereto, including trees, shrubs,
lawns, walks, pavements, fences, roadways, structures and utilities not
designated for removal, relocation or replacement in the course of
construction.
The Contractor shall comply with all applicable laws, ordinances, rules, regulations and
lawful orders of any public authority having jurisdiction for the safety of persons or
property or to protect them from damage, injury or loss. He shall erect and maintain,
as required by existing conditions and progress of the work, all reasonable safeguards for
safety and protection, including posting danger signs and other warnings against hazards,
promulgating safety regulations and notifying owners and users of adjacent utilities.
When the use or storage of explosives or other hazardous materials or equipment is
necessary for the execution of the work, the Contractor shall exercise the utmost care and
shall carry on such activities under the supervision of properly qualified personnel.
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All Blasting, including methods of storing and handling explosives and highly
inflammable materials, shall conform to Federal, State, Local Laws and Ordinances. All
City Ordinances shall be complied with even though some or all 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 under 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: 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.
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
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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 employed by any of them, or by anyone for whose acts any of them may be
liable, shall be remedied by the Contractor, except damage or loss attributable solely to
faulty Drawings or Specifications or solely to the acts or omissions of the Owner or
Engineer or anyone employed by either of them, and not attributable in any degree to the
fault or negligence of the Contractor.
The contractor shall designate a responsible member of his organization at the site whose
duty shall be the prevention of accidents. This person shall be the Contractor's
superintendent unless otherwise 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.
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5.0 SPECIAL CONDITIONS
SECTION 01- INFORMATION
01 -01 ENGINEER
01 -02 COPIES OF PLANS AND SPECIFICATIONS FURNISHED
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The word "Engineer" in these Specifications shall be understood as
referring to the City of Round Rock, 221 East Main Street, Round Rock,
Texas 78664, Engineer of the Owner, or the Engineer's authorized
representative to act in any particular position for the Owner.
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 20% for handling.
01 -03 GOVERNING CODES
All construction as provided for under these Plans and Specifications shall
be governed by any existing Resolutions, Codes and Ordinances, and any
subsequent amendments or revisions thereto as set forth by the Owner.
01 -04 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON
TLME
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.
01 -05 LOCATION
The location of work shall be as mentioned in the Notice to Bidders and as
indicated on Plans.
SC -1
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 UTILI'i'iES
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.
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
specond.mst/spec SC -2
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 MINM[M WAGE SCALE
Minimum wage scale as specified in section 3.22 of the General Conditions
and in accordance with State of Texas and Federal Government regulations.
02 - 05 LIVi IIT 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
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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 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.,
specond.mst/spec SC -
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.
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.
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, 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.
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 %)
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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 to the latest list of companies holding
certificates of authority from the Security 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 5100,000
Employers Liability Insurance.
b. Commercial General Liability Insurance with minimum limits of
5500,000 per occurrence and $1,000,000 Aggregate or 5500,000 for
this designated project and 5100,000 Fire Damage.
c. Automobile Liability Insurance for all owned, nonowned and hired
vehicles with minimum limits for Bodily Injury of 5250,000 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 to the extent covered by Builders Risk Insurance
required under this section, except as to such rights as they may
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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.
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.
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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.
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
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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.
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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 construction of Round Rock Police Station Entrance
Road complete in accordance with the Plans, and subject to the terms and
conditions of the Contract Documents.
1.02 GOVERNING TECHNICAL SPECIFICATIONS
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e
NOTE: The item number designation shown in parentheses adjacent to
captions herein is a reference to City of Austin Standard Specifications.
STREET, WATER, SEWER AND DRAINAGE IMPROVEMENTS
The current City of Austin Standard Specifications as adopted and amended
by the City of Round Rock and the current City of Austin Erosion and
Sedimentation Control Manual are 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.
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.
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
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1 do so by the Engineer.
I The Contractor shall, at his own expense, maintain the streets and roads
free from dust, mud, excess earth or debris which constitutes a nuisance or
danger to the public using the thoroughfare, or the occupants of adjacent
I properties.
1 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.
1
2.01.2 BACKWORK
' The Contractor shall coordinate his operations 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
1 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.
ITEM 3 EXAMINATION AND REVIEW
3.01 EXAMINATION OF WORK
1 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
I 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
1 Contract.
1
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1
1
1 3.02 NOT'IF'ICATION
' 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.
1 All engineering and surveyor's stakes, marks, property corners, etc., shall
be carefully preserved by the Contractor, and in case of destruction or
1 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.
' ITEM 4 PROTECTION AND PRECAUTION
4.01 WORK IN FREEZING WEATHER
I Portions of the work may continue as directed by the Engineer.
4.02 PROTECTION OF TREES, PLANTS AND SHRUBS
1 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.
1
1
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1
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
4.05 DISPOSAL OF SURPLUS MATERIAL
tecbspcc.mvspcc.aw
The Contractor shall be responsible for the protection, reference and
resetting of property corner monuments if disturbed.
The Contractor shall at his own expense, make arrangement for the disposal
of surplus material, such as rock, trees, brush and other unwanted backfill
materials.
4.06 CONTRACTOR'S USE OF PREMISES
The Contractor shall, at his own expense, provide additional space as
necessary for his operations and storage of materials.
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.
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5.02 MATERIALS AND WORKMANSHIP
techspec.utUspec.ew
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 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.
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7.0 PLANS, DETAILS AND NOTES
1. Bid Item No.1 Unclassified Street Excavation, shall be measured and paid for
to the limits as shown on the plans and in the Typical Section. Cross sections are
furnished in the plan for information only. It is estimated 900 C.Y. of
embankment material will be required to complete the lines and grades as shown.
This is furnished for information only and the payment made for unclassified street
excavation, to the limits shown on the plan, shall include all work and
embankment material necessary to complete the work to the lines and grades as
shown.
2 Bid Item No. 10, Pavement Repair, shall consist of sawcutting, excavating the
existing pavement to a depth of 10 inches, compacting the remaining base or
subgrade, installing in 2 -4 inch lifts, a Type A or B Hot Mix Asphaltic Concrete
(HMAC) base course. The top 2" of the repair area shall receive a 2" lift of Type
D HMAC surface course. The areas to be repaired are shown schematically on
the plans. The actual areas to be repaired shall be laid out by the Engineer and
are apparent and visible as failure areas.
3. Bid Item No. 11, 5' concrete curb inlet includes 10' transition curbs each side,
complete in place. Inlet shall be Standard City of Austin detail.
4. Trench Backfill Note: Backfill of the storm sewer pipe in pavement areas shall
consist of sand bedding to the top of pipe minimum, then cement stabilized base
to subgrade in proposed roadways or cement stabilized base to within 2" of the
existing surface in existing roadways, then 2" type "D" HMAC. Backfill outside
of pavement areas shall consist of sand bedding to the top of pipe then acceptable
embankment material to finished grade.
pinns.pde /notes
NOTES
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