R-97-06-26-10I - 6/26/1997ATTEST:
RESOLUTION NO. R- 97- 06- 26 -10I
WHEREAS, the City of Round Rock has duly advertised for bids
for site grading improvements for sports fields at the Old Settlers
Park at Palm Valley, and
WHEREAS, Reconstruction Specialist Co. has submitted the
lowest and best bid, and
WHEREAS, the City Council wishes to accept the bid of
Reconstruction Specialist Co., 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 Reconstruction Specialist Co.
for site grading improvements for sports fields at the Old Settlers
Park at Palm Valley, a copy of said contract being attached hereto
and incorporated herein for all purposes.
RESOLVED this 26th day of June, 1997.
K \ WPDOCS \RESOLUTI \RS70626I.NPD /ecg
CHARLES CU .• °•ER, Mayor
City of Round Rock, Texas
I7�
BAKER- AICKLEN
& ASSOCIATES, INC.
Consulting Engineers
June 23, 1997
Ms. Sharon Prete
Director of Parks and Recreation
City of Round Rock
221 East Main Street
Round Rock, TX 78667
RE: Old Settler's Park at Palm Valley
Site Grading Improvements
Engineer's Letter of Recommendation
Dear Ms. Prete:
As you are aware, bids were opened at 2:00 P.M., Tuesday, June 17, 1997 for the above
referenced project.
A total of seven (7) bids were received, with the lowest bid being from Reconstruction
Specialist Co. of Austin, TX in the amount of $291,829.06. A complete bid tabulation is
enclosed for your review.
Reconstruction Specialist Co. has been highly recommended by many former clients (see
attached reference interviews). Although they do not have a long term project history of
this type, they do have many employees on staff with years of documented construction
experience and appear qualified to perform under this contract.
Three (3) items were bid as additive alternates to the base bid and representatives of the
City Parks & Recreation Department have recommended the inclusion of the additive
alternates indicated on the attached bid breakdown sheet. With the addition of the
alternates the total contract bid price is $390,829.06.
Based upon above mentioned information and submission of the lowest and best bid, we
recommend award of this contract to Reconstruction Specialist Co. of Austin, TX in the
amount of $390,829.06.
203 E. Main St.. Site 201 • Round Rock. Texas 78664 • 512/244 -9620 • FAX 512/244 -9623
If you have any questions, please feel free to call at your convenience.
Sincere ,
A. William Waeltz, P.E.
AWW/ed
enclosure
cc: Larry Madsen, City of Round Rock, Public Works Department
file: 601 - 523 -13
c• /winword/aww /recosp.ltr
Al'
BAKER - AICKLEN
& ASSOCIATES. INC.
Consulting Engineers
Contractor
1. Reconstruction Specialist
2. Chasco Contracting
3. Rodgers Construction
4. Burris Construction
5. Smith Contracting
BID TABULATION
OLD SETTLER'S PARK AT PALM VALLEY
SITE GRADING IMPROVEMENT
City of Round Rock
June 17, 1997
Bid Bond Acknowledgment Bid Price
Enclosed ofAddendums (Items 1 -21)
Yes Yes $291,829.00
Yes Yes $326,804.48
• Yes Yes $355 652.10
Yes Yes $385,109.40
Yes Yes $443,303.50
6. JKL, Inc. Yes Yes $486,268.30
7. Borah, Inc. Yes Yes $615,536.00
8.
203 E. Main St., Suite 201 • Round Rock, Texas 76664 • 512/244 -9620 • FAX 512/244 -9623
DATE: June 24, 1997
SUBJECT: City Council Meeting, June 26, 1997
ITEM: 10.1. Consider a resolution awarding a bid for drainage and sitework at
Old Settlers Park at Palm Valley sports fields.
STAFF RESOURCE PERSON: Sharon Prete
RECOMMENDATION: APPROVAL
ECONOMIC IMPACT:
Staff recommends that the bid be awarded to Reconstruction
Specialist Co. in the amount $390,829.06. Supporting information is
attached.
This project has come in under the estimated budget of $500,000.00.
ONTRACT - DOCUMENTS AND` . SPECIFICATI,ONS
FOR '
LD SETTLER'S PARK' AT PALM VALLE
Site Grading Improvemenits • \\,\\\CSI‘l(41
Prepaied bye
' Baker- Aicklen,& Associates, Inc.
' 203 East Main Street,', Suite 201 y :
Round Rock, Texas =
Project No. 601 = 523 -13 ,
• June 1997 •
CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
OLD SETTLER'S PARK AT PALM VALLEY
• r
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cr;
Site Grading Improvements
Prepared by:
Baker- Aicklen & Associates, Inc.
203 East Main Street, Suite 201
Round Rock, Texas 78664
Project No. 601 - 523 -13
June 1997
TABLE OF CONTENTS
Section Description Page
1.0 Notice to Bidders NB -1
2.0 Bid Documents BD -1
Instructions to Bidders
Bid Bond
Proposal Bidding Sheet
3.0 Post Bid Documents PBD -1
Agreement
Performance Bond
Payment Bond
Certificate of Insurance
Maintenance Bond
4.0 General Conditions GC -1
5.0 Special Conditions SC -1
6.0 Technical Specifications TS -1
7.0 Plans P -1
tablconLdoc
1.0 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 Site Grading Improvements at Old Settler's Park at Palm
Valley will be received until 2:00 p.m.. Tuesday. June 17. 1997 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 "Sealed Bid for Site Grading Improvements at Old Settler's Park at Palm
Valley ". No bids may be withdrawn after the scheduled opening time. Any bids received after
scheduled bid opening time will be retumed 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 at the office of Baker - Aicklen & Associates, Inc., 203
E. Main, #201, in Round Rock, Texas 78664, beginning June 2. 1997 upon a deposit of 525.00 per
set. This deposit is non - refundable.
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
June 1, 1997
June 8, 1997
June 15, 1997
notice.doc
NOTICE TO BIDDERS
NB -1
Round Rock Leader:
June 2, 1997
June 9, 1997
June 16, 1997
2.0 BID DOCUMENTS
biddoc.doc
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.
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.
BD -1
1
1 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
1 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
1 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.
1 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.
1 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
biddoc.doc BD -2
biddoc.doc
exemption certificate issued by the contractor in lieu of the tax shall be subject to the
provisions of the State Comptroller's ruling #95 -0.09 as amended to be effective July 1,
1979.
18. No conditional bids will be accepted.
BD -3
BID BOND
KNOW ALL MEN BY THESE PRESENTS THAT WE,
as PRINCIPAL
and as SURETY, are held and firmly
bound unto the City of Round Rock 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 described below; for the payment of which sum in lawful money of the United
States of America, well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents. In no case
shall the liability of the SURETY hereunder exceed the sum of
The CONDITIONS OF THIS OBLIGATION ARE 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 SITE GRADING IMPROVEMENTS
AT OLD SETTLER'S PARK AT PALM VALLEY" for which bids are to be opened at the
office of the OWNER on
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 judgment is recovered, said
SURETY shall pay all costs incurred by the OWNER in such suit, including a reasonable
attomey's fee to be fixed by the Court.
In WITNESS WHEREOF, we have hereunto set our hands and seals this day of
Principal: Surety:
By: By:
(Seal) (Seal)
biddoc doe
BD -4
PROPOSAL BIDDING SHEET
JOB NAME: Old Settler's Park at Palm Valley
JOB LOCATION: Round Rock, Williamson County, Texas
OWNER: City of Round Rock, Texas
DATE: June 17, 1997
Gentlemen:
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 bids as provided by the attached supplemental specifications, and as shown on
the plans for the construction of Site Grading Improvements at Old Settler's Park at Palm
Valley 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
BASEBALL FIELDS
Bid Item Description Unit
Item Ouantity Fr it and Written Unit Price rice
1. 60,758 CY Unclassified Excavation &
(111 -C) Placement, including disposals
of spoils, complete in place
for One dollars
and Eighty -Six cents.
2. 70 LF Pipe, 18 -inch Dia. RCP, CL III,
(510 -A) all depths, including excavation
and backfill, complete in place
biddoc doc BD -5
Amount
$ 1.86 $ 113.009.88
for Thirty -Seven dollars
and Sixty -Two cents. $ 37.62 $ 2.633.40
1
' Bid to Item Description
and Unit
Quantity Unit Written Unit Price Price Amount
3. 240 LF Pipe, 36 -inch Dia. RCP, CL III,
(510 -A) all depths, including excavation
and backfill, complete in place
1
for Fifty -Two dollars
'
and Ninety -Seven cents. $ 52.97 $ 12,712.80
' 4. 80 SY 4" Concrete Rip - Rap Headwalls
(591 - F) for pipe culverts, complete in place
' for Forty dollars
and No cents. $ 40.00 $ 3.200.00
1 5. 650 LF Rock Benn, complete in place
(639)
for Nine dollars
and Eight cents. $ 9.08 $ 5.902.00
' 6. 2,435 LF Silt Fence for Erosion Control,
(642) complete in place
' for One dollars
and Twenty -Six cents. $ 1.26 $ 3.068.10
' 7. 262,000 SY Seeding for Erosion Control -
(604 - A) Method B, Fiber Mulch
for No dollars
and Nineteen cents. $ 0.19 $ 49.780.00
8. 1,120 SF Concrete Sidewalks, 4 -inch,
(432 -4) complete in place
' for Three dollars
and Three cents. $ 3.03 $ 3,393.60
1 SUBTOTAL BASE BID FOR BASEBALL FIELDS (Items 1 through 8): $ 193.699,78
biddoc.doc BD -6
FOOTBALL FIELDS
Bid Item Description Unit
Item Ouantity nit and Written Unit Price Price
9. 9,842 CY Unclassified Excavation &
(111 -C) Placement, including disposal
of spoils, complete in place
for Two dollars
and Fifty -Nine cents. $ 2.59 $ 25,490.78
10. 250 LF Rock Berm, complete in place
(639)
for Nine dollars
and Eight cents. $ 9.08 $ 2.270.00
11. 750 LF Silt Fence for Erosion Control,
(642) complete in place
for One dollars
and Twenty -Six cents. $ 1.26 $ 945.00
12. 40,800 SY Seeding for Erosion Control -
(604-A) Method B, Fiber Mulch
biddoc.doc
for No dollars
and Nineteen cents. $ 0.19 $ 7.752.00
SUBTOTAL BASE BID FOR FOOTBALL FIELDS (Items 9 through 12): $ 36.457.78
BD -7
Amount
1
1 SOCCER FIELDS
Bid Item Description Unit
1 Item Ouantity nit and Written Unit Price Price Amount
13. 5,010 CY Unclassified Excavation &
'
(111 -C) Placement, including disposal
of spoils, complete in place
for Three dollars
' and Twenty-Four cents. $ 3.24 $ 16.232.40
' 14. 150 LF Rock Berm, complete in place
I (639)
for Nine dollars
and Eight cents. $ 9.08 $ 1.362.00
1 15. 75 LF Silt Fence for Erosion Control,
' (642) complete in place
1 for One dollars
and Twenty -Six cents. dollars
1.26 $ 94.50
' 16. 80,000 SY Seeding for Erosion Control -
(604 Method B, Fiber Mulch
1
for No dollars
' and Nineteen cents. $ 0.19 $ 15.200.00
' SUBTOTAL BASE BID FOR SOCCER FIELDS (Items 13 through 16): $ 32,888.90
1
1
1
biddoc.doc
BD -8
UTILITY IMPROVEMENTS
Bid Item Description Unit
tem 9uantity Unit and Written Unit Price Eric&
17. 1,500 LF Pipe, 4" Dia. PVC, C -900
(510 -A) DR 18, all depths, including
excavation and backfill
complete in place
for Eight
and Twenty-Two
18. 1,460 LF Pipe, 3" Dia. PVC, Sch 40,
(510 -A) all depths, including
excavation and backfill,
complete in place
for Seven dollars
and Ninety -One
19. 2 EA Valves, Gate Type, 4" Dia.,
(511 -A) complete in place
for Five Hundred Forty-Eight dollars
and No cents. $ 548.00 $ 1.096.00
20. 1 EA Valves, Gate Type, 3" Dia.,
(511 -A) complete in place
dollars
for F.'ght Hundred Four dollars
and No cents.
21. 1 EA Water Meter, Compound 3" Dia.,
(511 -A) complete in place
for Three Thousand Four dollars
Amount
cents. $ 8.22 $ 12,330.00
cents. $ 7.91 $ 11.548.60
$ 804.00 $ 804.00
and No cents. $ 3.004.00 $ 3.004.00
SUBTOTAL BASE BID FOR
UTILITY IMPROVEMENTS (Items 17 through 21): $ 28 782.60
biddoc.doc
BD -9
TOTAL BASE BID FOR BASEBALL FIELDS,
FOOTBALL FIELDS, SOCCER FIELDS, AND
UTILITY IMPROVEMENTS (Items 1 through 21): $ 291,829.06
ADDITIVE ALTERNATE NO. 1 To Baseball Fields
Add Temporary Irrigation, Watering and Establish Vegetation
for a 262,000 -S.Y. Seeded Area.
ADDITIVE ALTERNATE NO. 2 To Football Fields
Add Temporary Irrigation, Watering and Establish Vegetation
for a 40,800 -S.Y. Seeded Area.
ADDITIVE ALTERNATE NO. 3 To Soccer Fields
biddoc.doc
Add Temporary Irrigation, Watering and Establish Vegetation
for a 80,000 -S.Y. Seeded Area.
BD -10
$ 34.584.00
$ 5.386.00
$ 10.560.00
1
If this proposal is accepted, the undersigned agrees to execute the contract and provide necessary
bonds and insurance certification as per the Instructions to Bidders and commence work within
ten (10) days after written Notice to Proceed. The undersigned further agrees to complete the
work in full within ninety (90) calendar days after the date of the written Notice -to- Proceed. The
bidder and the Owners agree that for each and every calendar day the work, or any portion
thereof, remains incomplete after the 90 calendar -day period, the bidder shall pay the amount of
Two Hundred Fifty Dollars ($250.00) per calendar day as liquidated damages, not as a penalty
but for delay damages to the Owners. Such amount shall be deducted by the Owners from any
payment due to the bidders.
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.
The undersigned acknowledges receipt of the following addenda:
Date
1
1
1
1
biddoc.doe
1
Addendum No. 1 dated c- 1 7 Received L' —/ - Q9
Addendum No. 2 dated Received
Addendum No. 3 dated Received
1
1
1
1
Title
Name of Firm
Respectfully Submitted,
1 o- F
BD -11
/ c3 a 7/ �- vc1/.�? '-2/J
Address 71( 7 df 7 2- 7
�i — Z./ P-
Secretary, if Contractor is a Corporation
3.0 POST BID DOCUMENTS
THE STATE OF TEXAS
AGREEMENT
COUNTY OF WILLIAMSON
THIS AGREEMENT, made and entered into this A O day ofJyAE A.D. 19 91, by and
between the CITY OF ROUND ROCK, TEXAS actirm prou0.fts Mayo Parry of the First Part,
, .
hereinafter ,termed the OWNER, and �. of the City of
AUSTA , County of r , State of
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
XIS /1 , 1997 for certain improvements described as follows:
Grading Improvements at Old Settler's Park at Palm Valley
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 2Q
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.doc
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.
By:
Secretary, if Contractor
is a Corporation or
otherwise registered with
the Secretary of the State
postbid.doc
By Q
By:
PBD -2
Party of the First part (Owner)
Mayor - City of Round Rock
Party of the Second Part
(Contractor)
THE STATE OF TEXAS
COUNTY OF WIL LIAMSON
PERFORMANCE BOND
BOND NO.BD32877
BANDOLIER CORPORATION DBA
KNOW ALL MEN BY THESE PRESENTS: That RECONSTRUCTION SPECIALTIES
of the City of
AUSTIN County .Countird TRAVIS , and State of TEXAS as
Principal, and 7NST RANCE OMPAN� ion d under the law of the State of Texas to act as
surety on bonds for principals, are held and firmly U b N ou D nd E u p nto THE OF ROM
TEXAS, (Owner), in the penal sum of TYP - INERA�7D 86TT y b p T ° THO E HUNDRED
dollars (5 342, 359.06 ) 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 JUNE , 19 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:
SITE GRADING IMPROVEMENTS AT OLD SETTLER'S PARK AT PALM VALLEY
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 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 as if it were
copied at length herein.
postbid.doc
PBD -3
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 30TH day of JUNE A997
BANDOLIER CORPORATION DBA
RECONSTRUCTION SPECIALTIES COMMERCIAL INDEMNITY INSURANCE COMPANY
Princjpafl Surety
Title
13071 POND SPRINGS RD.,AUSTIN,TX 1507 S. IH 35, AUSTIN, TX 78741
Address
Address
pastbid.dcc
78729
PBD -4
/i /
ATTORNEY —I —FACT
1
By W.T. RA
Title
ALE
The name and address of the Resident Agent of Surety is:
TIME INSURANCE AGENCY, INC., 1507 S. IH 35 AUSTIN, TX 78741
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
PAYMENT BOND BOND NO.BD32877
BANDOLIER CORPORATION DBA
KNOW ALL MEN BY THESE PRESENTS: That RECONSTRUCTION SPECIALR1e City of
AUSTIN County of TRAVIS and State of TEXAS
as
Principal, and TNn MNTTX authorized under the laws of the State of Texas to act as Surety on
Bonds for Pri hE4 bound unto THE CITY OF ROUND ROCK,
(OWNER), and all subcontractors, workers, mechanics and suppliers as their interest
THREE n p HU HUNDRED whom shall have Uh S A NI3 h THREE op ue u uND ED FIFT -N IN_penal sum of
ANn o /1 00 Dollars (5
342, 359.06 ) 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 JUNE , 19 97, 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:
SITE GRADING IMPROVEMENTS AT SETTLER'S PARK AT PALM VALLEY
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.
postbid.doc
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 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.
M WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument
this 30TH day of JUNE 19 97
BANDOLIER CORPORATION DBA
RECONSTRUCTION SPECIALTIES
Title
13071 POND SPRINGS RD.,AUSTIN, TX
78729
Address
COMMERCIAL INDEMNITY INSURANCE COMPANY
ATTORNEY -IN -FACT
Title
1507 S. IH 35, AUSTIN, TX 78741
Address
The name and address of the Resident Agent of Surety is:
TIME INSURANCE AGENCY, INC., 1507 S. IH 35, AUSTIN, TX 78741
postbid.doc PBD -6
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To: city of Itound Rosh 6/30/97
3s1 Bast Main Sam D.t.
Rawl Poch, Taws 71664 Site Grading
Dalatiption of Wtlik
THIS IS TO CRIMPY THAT Reconstruction Specialists, at die drts i ry
aetBoata, insured by t h i s company with n e w t to Bs bamboos ;perk= bwriadtat daatribed,
Ear the types of butuance and k asoaadina with the FtcvWwu of tilt standard policies rand by
this aoatpaay, sad &what boroinatly daaorib.d. Baarptlona to molded d polider are: soled as the
carcase aide home
TYPE Or POLICY EEPWI'IVI RXPIAATION LIMITS O?
INSURANCE NO, DATE DATE LIABILITY
Workman's
Compmsatioa HA1 - 65D - 004110 - 297 1 - 1 - 97 1 - 1 - 98
Statutory, Star; of
Texas, S 1,000,000
Employers Liability
Comprt+haosive
t>� S w
Minim S -Amon
Co
Liability
Mem Property Dowser
Contagion
S -431
Owner's BodtI' 1+111rn..
Protective $ Maras
$ Naidant
Property Dump . holism
Contactors S 1 01 3 +11
stow doe PED.7
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1
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Automobile No
Lability
Owroed Vehicle*
Hired Vehicles
Non -owrrd Vehicles
laeludes Coanictual Lability
Contractual
Liability
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 leas than thirty (30) days after the lowed has
received written notice of such chattde or cancollatiaa.
The Cr ate of Inure= neither al8rmitiv.iy ar ngadve(y Wald' Moods. or Nor the
amnia afforded by policy or po Indic led by th ..mtiftatlr.
Liberty Mutual insurance Group
Namo °M um
Linda_Mielke
By
Authorized Representative
Title
Bradenton Office
.11ddrasa
PO BOx 430
Bradenton, FL 34205
'PID4
gny Contract or otner aocy
•
TYPE OF POLICY
nl m WntE n respO e m to
PXP, DATE
e❑ CONTINUOUS
0 EXTENDED
0S1 POLICY TERM
wnICn ma cenmcate may oe
POLICY NUMBER
Kmiec, .. ,. ..... ... .. �.
. ,
LJMIT OF LIABILITY . ..
WORKERS
COMPENSATION
1
WAi - 65D-004110-297
coverage Anordod Under we
Law al the FolloWhg Stators:
DC,FFL, CA, CO, 1 N
K, LA MA, MD ME, MI,
MN, ME, MO, NC, NE
,S
RI, N SC TN, TX IT T, VA PA,
EMPLOYERS LIABILITY
Bodily i ByAccldent m ore
Eo dIly ln)ury By Disease PAY
$1,000,000. tint
51 00 006y Disease r m.
GENERAL LIABILITY
❑ CLAIMS MADE
General Aggregate.Other than Plod/Competed Operations
Products/Completed Operations Aggregate
P.ETRO DATE
Bodly III ury and Property Damage UahlIty Per
Occurrence
❑ OCCURRENCE
Personal and Advertising Injury Par Parson/
Organttetbn
Other: (Other.
f
AUTOMOBILE
LIABILITY
G OWNED
❑ NON•OWNED
❑ HIRED
Eaoh Accident • SInpe Llmlt
8.1, and P.D. Combined
Each Parson
Each Accident or Occurrence
Each Accident or Occurrence
OTHER
EMPLOYEES LEASED TO: EFFECTIVE
8379 : Bandolier Corp dba/
Reconstruction Specialist
The above relerenoed Workers' Compensallon policy provides statutory benefits only to employees of the Named Instired(a)
to employees 01 any other empk yer.
DATE:
01/01/97
on the policy, not
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Certificate of Insurance
THIS CERTIFICATE I5 LSSUED AS A MATTER OP INRIRMATION ONLY ANb CONFESS NO RIGHTS UPON YOU TY.E LaxI,NICATE HOLDER. 7HI5 CERTIFICATE'S NOT
AN LYSUEANCE POLICY AND DOES NOT AMINO, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICES LISTED BELOW.
This is to Certify that
Staff Leasing, L.P., Staff Leasing II, L.P., Staff
Leasing III, L.P., Staff Leasing, IV, L.P., Staff
Leasing V, L.P.
600 301 Boulevard West, Suite 202
Bradenton, Florida 34205
Nance and
address of
insured
LIBERTY
ALa
s, at the Isdue date of Chia ceratieste, Insured by ths•COmpany Under the pol owlies) hated DeloW. The iheutanee attb?ded by this
listed policy(Igs) Is subject to all their terms, exclusions end contiliions an net altered by any requirerilent, term' or edndition-of
IF THE CERTIFICATE EXPIRATION DATE 13 CONTINUOUS OR EXTENDED TERM, YOU WILL BE NOTIFIED IF COVERAGE 16 TERMINATED OR REDUCED
BEFORE THE CERTIFICATE EXPIRATION DATE. HOWEVER, YOU WILL NOT BE NOTIFIED ANNUALLY OF THE CONTINUATION OF COVERAGE.
SPECIAL NOTICE • OHO ANY PERSON WHO, WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER,
SUBMITS AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT I8 GUILTY OF INSURANCE FRAUD.
NOTICE OFCANCELIATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS
ENTEREb BELOW,) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT
CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES
UNTIL AT LEAST ard_DAYS 10TI0E OF SUCH CANCELLATION HAS BEEN MAILED T0:
CERTIFICATE
110LDER
CITY OF ROUND ROCK
221 EAST MAIN STREET
ROUND ROCK, TX 78664
Thu m:tlflcnie isEf T • di by u SgT£•OW AL CROUP of 'opals such Msurohee u Ls artanleZ by TitlnlnW "(163811
Liberty Mutual Group
LINDA MIELKE
AUTHORIZED REPRESENTATIVE
Bradenton 800. 4754430 06/30/97
OFFICE PHONE DATE ISSUED
Wdbb:b 2.66T'9£'Nflf
MAINTENANCE BOND
BOND NUMBER BD32877 AMOUNT$342, 359.06
KNOW ALL MEN BY THESE PRESENTS,
That we, BANDOLIER CORPORATION DBA RECONSTRUCTION SPECIALTIES
(hereinafter called the "Principal ") as Principal, and
the COMMERCIAL INDEMNITY a Corporation duly organized COPIPANY rP Y ganized under the laws of the
State of TEXAS and duly licensed to transact business in the State of
TEXAS (hereinafter called the "Surety "), as Surety, are held and firmly
bound unto TIIE CITY OF ROUND ROCK TT S /hereinafter called the "Obligee "), in the
sum of FIFT EE Y- NTNE / 1 OOWO TH D IIaz I fN45UjDR96 ) for the
payment of which sum well and truly to be made, we, the said Principal and the said Surety, bind
ourselves. our heirs. executors. administrators, successors and assigns, jointly and severally,
firmly, by these presents.
Sealed with our seals and dated this 30TH day of JUNE , A.D. nineteen hundred
and 97
WHEREAS, the said Principal has heretofore entered into a contract with
THE CITY OF ROUND ROCK
Dated JUNE 27TH , 19 97, for construction of
SITE GRADING IMPROVEMENTS AT OLD SETTLER'S PARK AT PALM VALLEY
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 ONE 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 ONE year(s) from the date of acceptance of
the project above described, by Owner:
The City of Round Rock. Texas
postbid doc
PBD -9
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.
BANDOLIER CORPORATION DBA
RECONSTRUCTION SPECIALTIES
Princip. -7 Sure
postbid doc
COMMERCIAL INDEMNITY INSURANCE COMPANY
PBD -10
rT
B W.T. RAG SALE,
ATTORNEY -IN -FACT
1 Commercial Indemnity Insurance Company COMMERCIAL BD32877
P.O.Box67 INDEMNITY INSURANCE CO. POWER OF ATTORNEY
• Austin, Texas 78741
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KNOW ALL MEN BY THESE PRESENTS:
That the Commercial Indemnity Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas, having
its principal office in Austin, Texas, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 12th
day of May, 1996, to wit:
"Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney -
In -Fact, such persons, firms, or corporations as may be selected from time to time.
Be It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attomey or any
certificate relating thereto by facsimile, and 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 powers so executed and certified by facsimile signature or facsimile seal shall be valid
and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." Commercial Indemnity
Insurance Company does hereby make, constitute and appoint:
W.T. RAGSDALE
State of Texas its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign,
execute, acknowledge and deliver in its behalf, and its act and deed, as follows:
The Obligation of the Company shall not exceed one million ($1,000,000.00) Dollars.
And to bind Commercial Indemnity Insurance company thereby as fully and to the same extent as if such bond or undertaking was signed by
the duly authorized officer of the Commercial Indemnity Insurance Company, and all the acts of said Attomey(s) pursuant to the authority
herein given, are hereby ratified and confirmed.
IN WITNESS WHEREOF, the Commercial Indemnity Insurance Company has caused these presents to be signed by any officer of the
Company and its Corporate Seal to be hereto affixed.
' State of Texas
County of Travis
1 On this 12th day of May, in the year 1996, before me Shannon McBride, a notary public, personally appeared Rudy Herzog, personally know
to me to be the person who executed the within instnunent as President, on behalf of the Corporation therein named and acknowledged to me
that the Corporation executed it.
Rudy Herzog,' President
wra3a
Commission Expires 5 -20 -98 Shannon McBride, Notary Public
(CliyALA,A,
Paul Cameron. Sccrctary
CERTIFICATE
I, the undersigned, Secretary of Commercial Indemnity Insurance Company, DO HEREBY CERTIFY that the foregoing and attached Power
of Attorney and Certificate of Authority remains in full force and has not been revoked:
Signed and Sealed a the said Company at Austin, Texas, dated this.' A :30TH day of JUNE 1997
, ,
= NM Id MI NM ME
Ns.vrru tS 11F 1C� , .. OF LIABILITY IN'5 , IJf NCE DATE 07%9
PRODUCER
•
TIME INSURANCE AGENCY, INC.
1507 SOUTH IH - 35
AUSTIN TX 78741
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
A NATIONAL AMERICAN INS
INSURED
RECONSTRUCTION SPECIALTIES
13071 POND SPRINGS ROAD
AUSTIN, TEXAS • 78729
COMPANY ;
B
COMPANY .
C
COMPANY
D
C VERAGES - _
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDRION OF ANY CONTRACT OR OTHER DOCUMENT WRH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
UEI UJ
TYPE OF INSURANCE
POUCY NUMBER
POLICY EFFECTIVE
POLICY EXPIRATION
LENTS
'
'
'
'
'
'
GENERAL LIABILITY
CMP232942A
1/15/97
1/15/98
GENERAL AGGREGATE
sl, 000,000
X
COMMERCIAL GENERAL UABILTTY
J CLAIMS MADE X OCCUR
PRODUCTS - COMP/OP AGO
PERSONAL ADV INJURY
S1,000,000
S 500,000
OWNERS & CONTRACTOR'S PROT
EACH OCCURRENCE
$ 500,000
FIRE DAMAGE (Any one Are)
S 50,000
MED EXP (My one parson)
$ 5 , 0 0 0
AUTOMOBILE
X
_
X
X
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
CAU145242A
1/15/97
1/15/98
COMBINED SINGLE LIMIT
750,000
S
BODILY INJURY
(Per person)
S
BODILY INJURY
(Per accident)
S
PROPERTY DAMAGE
S
GARAGE LIABR.tTY
AUTO ONLY • EA ACCIDENT
S
ANY AUTO
OTHER THAN AUTO ONLY:
EACH ACCIDENT
S
AGGREGATE
S
EXCESS LIABILITY
—1n„acn,. POc""
OTHER THAN UMBRELLA FORM
EACH OCCURRENCE
$
AGGREGATE
S
S
'
1
'CERTIFICATE
III•1 NM di
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ITORV LIMRSI I ER
F]. EACH ACCIDENT
5
THE PROPRIETOR/
PARTNERS/EXECUTIVE
OFFICERS ARE
—
'NCI-
EXCL
EL DISEASEPOLICY LIMIT
S
EL DISEASE•EA EMPLOYEE
S
OTHER
DESCRIPTION OF OPERATIONSILOCATONSNE$$CLE $/SPECIAL ITEMS
RE: OLD SETTLERS PARK AT PALM VALLEY, SITE GRADING IMPROVEMENTS
CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED WITH RESPECT TO
GENERAL LIABILITY AND BUSINESS AUTO POLICIES.
HOLDER
,....... .. ...... .._ ..., ,,.,. ...
- ..• NV,µM
CITY OF ROUND ROCK
221 EAST MAIN STREET
ROUND ROCK, TEXAS 78664
ACORC 25 (1/eS)
CANGELLATTON __
.w.. SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE •N•
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL
3 0 DAYS WRITTEN NOTICE TO THE CERT1RCATE HOLDER NAMED TO THE LEFT,
AUTHORED FR
JOHN
ATIVE L A
0,ACORD Cf1RPOfiATtON TBBe
4.0 GENERAL CONDITIONS
Contents
1.0 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
2.0 Responsibilities of the Engineer and the Contractor
2.01 - Owner- Engineer Relationship
2.02 - Professional Inspection by Engineer
2.03 - Payments for Work
2.04 - Initial Determinations
2.05 - Objections
2.06 - Lines and Grades
2.07 - Contractor's Duty and Superintendence
2.08 - Contractor's Understanding
2.09 - Character of Workers
2.10 - Contractor's Buildings
2.11 - Sanitation
2.12 - Shop Drawings
2.13 - Preliminary Approval
2.14 - Defects and Their Remedies
2.15 - Changes and Alterations
2.16 - Inspectors
gcncond.doc
General Conditions of Agreement
GC -1
3.0 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
4.0 Prosecution and Progress
4.01 - Time and Order of Completion
4.02.- Extension of Time
4.03 - Hindrances and Delays
5.0 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.doc
GC -2
6.0 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
7.0 Abandonment of Contract
7.01 - Abandonment by Contractor
7.02 - Abandonment by Owner
8.0 ,Subcontractors
8.01 - Award of Subcontracts for Portions of Work
8.02 - Subcontractual Relations
8.03 - Payments to Subcontractors
9.0 Separate Contracts
9.01 - Owner's Right to Award Separate Contracts
9.02 - Mutual Responsibility of Contractors
9.03 - Cutting and Patching Under Separate contracts
10.0 Protection of Persons and Properly
10.01 - Safety Precautions and Programs
10.02 - Safety of Persons and Property
10.03 - Location and Protection of Utilities
gencond.doc
GC -3
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1.0 p efinition of Terms
1.01 Owner. Contractor and Engineer
gencond.doc
General Conditions of Agreement
The Owner, the Contractor and the Engineer and those persons or organization identified
as such in the Agreement and are referred to throughout the contract Documents as if
singular in number and masculine in gender. The term Engineer means the Engineer or
his duly authorized representative. The Engineer shall be understood to be the Engineer
of the Owner, and nothing contained in the Contract Documents shall create any
contractual or agency relationship between the Engineer and the Contractor.
1.02 Contract Documents
The Contract Documents shall consist of the Notice to Contractors, Instructions to
Bidders, 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.
GC -4
1.05 Written Notice
1.06 Work
gencond.doc
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.
GC -5
2.0 Responsibilities of the Engineer and the Contractor
2.01 Owner- Engineer Relationship
gencond.doc
The Engineer will be the Owner's representative during construction. The duties,
responsibilities and limitations of authority of the Engineer as the Owner's representative
during construction are as set forth in the Contract Documents and shall not be extended
or limited without written consent of the Owner and Engineer. The Engineer will advise
and consult with the Owner, and all of Owner's instructions to the Contractor shall be
issued through the Engineer.
2.02 Professional Inspection by Engineer
The Engineer shall make periodic visits to the site to familiarize himself generally with
the progress of the executed work and to determine if such work generally meets the
essential performance and design features and the technical and functional engineering
requirements of the Contract Documents; provided and except, however, that the
Engineer shall not be responsible for making any detailed, exhaustive, comprehensive or
continuous on - site inspection of the quality or quantity of the work or be in any way
responsible, directly or indirectly, for the construction means, methods, techniques,
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 judgment 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.
GC -6
2.04 Jnitial Determinations
2.05 Objections
gencond doc
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.
In the event the Engineer renders any decision which, in the opinion of either party
hereto, is not in accordance with the meaning and intent of this contract, either party may
file with the Engineer within thirty (30) days his written objection to the decision, and by
such action may reserve the right to submit the question so raised to arbitration as
hereinafter provided.
2.06 Lines and Grades
Unless otherwise specified, all lines and grades shall be furnished by the Engineer or his
representative. Whenever necessary, construction work shall be suspended to permit
performance of this work, but such suspension will be as brief as practicable and the
Contractor shall be allowed no extra compensation therefor. The contractor shall give the
Engineer ample notice of the time and place where lines and grades will be needed. All
stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless
destruction or removal by him or his employees, such stakes, marks, etc., shall be
replaced at the Contractor's expense.
2.07 Contractor's Duty and Superintendence
The Contractor shall.give adequate attention to the faithful prosecution and completion of
this contract and shall keep on the work, during its progress, a competent English -
speaking superintendent and any necessary assistants to supervise and direct the work.
The superintendent shall represent the Contractor in his absence and all directions given
to him shall be as binding as if given to the Contractor.
The Contractor is and at all times shall remain an independent contractor, solely
responsible for the manner and method of completing his work under this contract, with
full power and authority to select the means, method and manner of performing such
work, so long as such methods do not adversely affect the completed improvements, the
Owner and Engineer being interested only in the result obtained and conformity of such
completed improvements to the plans, specifications and contract.
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Likewise, the Contractor shall be solely responsible for the safety of himself, his
employees and other persons, as well as for the protection and safety of the improvements
being erected and the property of himself or any other person, as a 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
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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
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excavation, test procedures, borings, explorations or other subsurface excavations. No
verbal agreement or conversation with any officer, agent or employee of the Owner or
Engineer either before or after the execution of this contract, shall affect or modify any of
the terms or obligations herein contained.
2.09 Character of 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
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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
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drawings or schedules. It shall be the Contractor's responsibility to fully and completely
review all shop drawings to ascertain their effect on his ability to perform the required
contract work in accordance with the plans and specifications and within the contract
time.
Such review by the Engineer shall be for the sole purpose of determining the general
conformity of said shop drawings or schedules to result in finished improvements in
conformity with the plans and specifications, and shall not relieve the Contractor of his
duty as an independent contractor as previously set forth, it being expressly understood
and agreed that the Engineer does not assume any duty to pass upon the propriety or
adequacy of such drawings or schedules, or any means or methods reflected thereby, in
relation to the safety of either person or property during Contractor's performance
hereunder.
2.13 Preliminary Approval
The Engineer shall not have the power to waive the obligations of this contract for the
furnishing by the Contractor of good material, and of his performing good work as herein
described, and in full accordance with the plans and specifications. No failure or
omission of the Engineer to discover, object to or condemn any defective work or
material shall release the Contractor from the obligations to fully and properly perform
the contract, including without limitations, the obligation to at once tear out, remove and
properly replace the same at any time prior to final acceptance upon the discovery of said
defective work or material; provided, however, that the Engineer shall, upon request of
the Contractor, inspect and accept or reject any material furnished, and in event the
material has been once accepted by the Engineer, such acceptance shall be binding on the
Owner, unless it can be clearly shown that such material furnished does not meet the
specifications for this work.
Any questioned work may be ordered taken up or removed for re- examination, by the
Engineer, prior to final acceptance, and if found notin 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.
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2.14 pefects and Their Remedies
It is further agreed that if the work or any part thereof, or any material brought on the site
of the work for use in the work or selected for the same, shall be deemed by the Engineer
as unsuitable or not in conformity with the plans, specifications, or the intent thereof, the
Contractor shall after receipt of written notice thereof from the Engineer, forthwith
remove such material and rebuild or otherwise remedy such work so that it shall be in full
accordance with this contract.
2.15 Changes and Alterations
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The Contractor further agrees that the Owner may make such changes and alterations as
the Owner may see fit, in the line, grade, form, dimensions, plans or materials for the
work herein contemplated, or any part thereof, either before or after the beginning of the
construction, without affecting the validity of this contract and the accompanying
Performance and Payment Bonds.
If such changes or alterations diminish the quantity of the work to be done, they shall not
constitute the basis for a claim for damages, or anticipated profits on the work that may
be dispensed with, except as provided for unit price items under Section 5 "Measurement
and Payment ". If the amount of work is increased, and the work can fairly be classified
under the specifications, such increase shall be paid for according to the quantity actually
done and at the unit price, if any, established for such work under this contract, except as
provided for unit price items under Section 5 "Measurement and Payment "; otherwise,
such additional work shall be paid for as provided under Extra Work. In case the Owner
shall make such changes or alterations as shall make useless any work already done or
material already furnished or used in said work, then the Owner shall recompense the
Contractor for any material or labor so used, and for any actual loss occasioned by such
change, due to actual expense incurred in preparation for the work as originally planned.
2.16 Inspectors
The Engineer may provide one (or more) field inspectors at the work site for the limited
purpose of observing the work in progress and reporting back to the Engineer on the
extent, nature, manner and performance of the work so that the Engineer may more
effectively perform his duties hereunder. Such inspectors may also communicate
between Engineer and Contractor their respective reports, opinions, questions, answers
and clarifications concerning the plans, specifications and work but shall not be deemed
the agent of the Contractor for all purposes in communicating such matters.
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Such inspector may confer with the Contractor or Contractor's superintendent concerning
the prosecution of the work and its conformity with the plans and specifications but shall
never be, in whole or part, responsible for, charged with, nor shall he assume, any
authority or responsibility for the means, methods or manner of completing the work or
of the superintendence of the work or of the Contractor's employees. It is expressly
understood and agreed that any such inspector is not authorized by the Engineer or Owner
to independently act for either or answer on behalf of either, any inquiries of the
Contractor conceming the plans, specifications or work. No inspector's opinion; advice;
interpretation of the plans or specifications of this contract; apparent or express approval
of the means, methods or manner of Contractor's performance of work in progress or
completed; or discovery or failure to discover or object to defective work of materials
shall release Contractor from his duty to complete all work in strict accordance with the
plans and specifications or 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.
3.0 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 Adequ of Desi
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
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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.
3.05 Collateral Contracts
The Owner agrees to provide by separate contract or otherwise, all labor and material
essential to the completion of the work specifically excluded from this contract, in such
manner as not to delay the progress of the work, or damage said Contractor, except where
such delays are specifically mentioned elsewhere in the Contract Documents. The Owner
will attempt to coordinate the collateral work of utility 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 govem. 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.
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3.08 Damages
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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
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.
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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 bome 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
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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 Pro A 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, 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 Etocuments: - 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 knowing it to be contrary to such laws, ordinances,
rules and regulations, and without such notice to the Engineer, he shall bear all costs
arising therefrom. In case the Owner is a body politic and corporate, the law from which
it derives its powers, insofar as the same 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.
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3.16 Assii-ment and Subletting
3.17 Indemnification
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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.
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, judgments and costs, including reasonable attorneys' fees and
expenses, arising out of or resulting from the performance of the work, provided that any
such damages, claim, loss, demand, suit, judgment, cost or expense:
1. Is attributable to bodily injury, sickness, disease or death to any person including
Contractor's employees and any Subcontractor's employees and any Sub -
Subcontractor's employees or to injury to or destruction of tangible property
including Contractor's property (other than the work itself) and the property of
any Subcontractor 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
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3.18 insurance
The Contractor shall vary insurance as follows for the duration of this contract.
A. Statutory Workmen's Compensation.
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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.
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.
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 canceled nor permit any insurance to
lapse. All insurance certificates shall include a clause to the effect that the policy shall
not be canceled 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.
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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
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Upon the completion of the work and before acceptance and final payment will be made,
the Contractor shall clean and remove from the site of the work, surplus and discarded
materials, temporary structures and debris of every kind He shall leave the site of the
work in a neat and orderly condition at least equal to that which originally existed.
Surplus and waste materials removed from the site of the work shall be disposed of at
locations satisfactory to the Engineer.
In the event Contractor fails or refuses to clean and remove surplus materials and debris
as above provided, the Owner or Engineer may do so, or cause same to be done, at the
Contractor's expense and the reasonable cost thereof shall be deducted from the final
payment.
3.20 Guarantee Against Defective Work
The contractor warrants the materials and workmanship and that the work is in
conformance with the plans and specifications included in this contract for a period of
one year from the date of acceptance of the project. Said warranty binds the contractor to
correct any work that does not conform with such plans and specifications or any defects
in workmanship or materials furnished under this contract which may be 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 onto provide acceptable assurances that such repair work will
be completed within a reasonable time thereafter, the Owner may repair or cause to be
repaired any such defect at the Contractor's expense.
3.21 Testing of Materials
Unless otherwise specified, testing of all materials to be incorporated into the project will
be as directed by the Engineer at the expense of the Owner. All re- testing for work
rejected on the basis of test results will be at the expense of the Contractor and the extent
of the re- testing shall be determined by the Engineer. The Engineer may require
additional testing for failing tests and may require two passing re -tests before acceptance
will be made by the Owner. The testing laboratory will be designated by the Owner.
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All materials to be incorporated into the project must meet the requirements of these
specifications. For manufactured materials such as reinforcing steel, expansion joint
materials, concrete pipe, cement, miscellaneous steel, cast iron materials, etc., the
Contractor will be required to furnish a manufacturer's certificate stating that the material
meets the requirements specified for this project.
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.
4.0 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.
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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.
5.0 Measurement and Payment
5.01 9uantities 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
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.
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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
5.04' Partial Payments
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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
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.
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
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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 a
minor or major nature, and thereby completing the structure or facility in accordance with
the Contract Documents.
5.06 Final Completion and Acceptance
Within ten (10) days after. the Contractor has given the Engineer written notice that the
work has been completed; or substantially completed, the Engineer and the Owner shall
inspect the work and within said time, if the work be found to be completed in
accordance with the Contact Documents, the Engineer shall issue to the Owner and the
Contractor his Certificate of Completion, and thereupon it shall be the duty of the Owner
to issue a Certificate of Acceptance of the work to the Contractor or to advise the
Contractor in writing of the reason for non - acceptance.
5.07 Final Payment
Upon the issuance of the Certificate of Completion, the Engineer shall proceed to make
final measurements and prepare final statement for the value of all work performed and
materials furnished under the terms of the Agreement and shall certify same to the
Owner, who shall pay to the Contractor on or before the 30th day, and before the 35th
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5.08 Payments Withheld
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day, after the date of the Certificate of Completion, the balance due the Contractor under
the terms of this contract; and said payment shall become due in any event upon said
performance by the Contractor. Neither the Certificate of Acceptance nor the final
payment, nor any provision in the Contract Documents, shall relieve the Contractor of the
obligation for fulfillment of any warranty which may be required.
The Owner may, on account of subsequently discovered evidence, withhold or nullify the
whole or part of any certificate to such extent as may be necessary to protect himself from
loss on account of:
a) Defective work not remedied or other obligations hereunder not done.
b) Claims filed or reasonable evidence indicating probable filing of claims.
c) Failure of the Contractor to make payments properly to subcontractors or for
material or labor.
d) Damage to the Owner or another contractor's work, material or equipment.
e) Reasonable doubt that the work can be completed for the unpaid balance of the
contract amount.
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
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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.
6.0 Extra Work and Claims
6.01 Change Orders
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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.
6.02 Minor Changes
The Engineer may authorize minor changes in the work not inconsistent with the overall
intent of the Contract Documents and not involving an increase in Contract Price. If the
Contractor believes that any minor change or alteration authorized by the Engineer
involves Extra Work and entitles him to an increase in the Contract Price, the Contractor
shall make written request to the Engineer for a written Field Order.
In such case, the Contractor by copy of his communication to the Engineer or otherwise
in writing shall advise the Owner of his request to the Engineer for a 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.
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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;
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 ratable proportion of premiums on Performance and Payment
Bonds and Maintenance Bonds, Public Liability and Property Damage and Workmen's
Compensation, and all other insurance as may be required by any law or ordinance, or
directed by the Owner, or by them agreed to. The Engineer may direct the form in which
accounts of the "actual field cost" shall be kept and the records of these accounts shall be
made available to the Engineer. The Engineer or Owner may also specify in writing,
before the work commences, the method of doing the work 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
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and equipment shall be incorporated in the Written Extra Work Order. The fifteen (15 %)
percent of the "actual field cost" to be paid the Contractor shall cover and compensate
him for his profit, overhead, general superintendence and field office expense, and all
other elements of cost and expense not embraced within the "actual field cost" as herein
defined, save that where the Contractor's Camp or Field Office must be maintained
primarily on account of such Extra Work; then the cost to maintain and operate the same
shall be included in the "actual field cost."
No claim for Extra Work of any kind will be allowed unless ordered in writing by the
Engineer. In case any orders or instructions, either oral or written, appear to the
Contractor to involve Extra Work for which he should receive compensation or an
adjustment in the construction time, he shall make written request to the Engineer for
written order authorizing such Extra Work. Should a difference of opinion arise as to
what does or does not constitute Extra Work, or as to the payment therefor, and the
Engineer insists upon its performance, the Contractor shall proceed with the work after
making written request for written order and shall keep an accurate account of the "actual
field cost" thereof, as provided under Method (C). The Contractor will thereby preserve
the right to submit the matter of payment to arbitration, as hereinbelow provided.
6.04 Time of Filing Claims
It is further agreed by both parties hereto that all questions of dispute or adjustment
presented by the Contractor shall be in writing and filed with the Engineer within thirty
(30) days after the Engineer has given any directions, order or instruction to which the
Contractor desires to take exception. The Engineer shall reply within thirty (30) days to
such written exceptions by the Contractor and render his final decision in writing. In case
the Contractor should appeal from the Engineer's decision, any demand for arbitration
shall be filed with the Engineer and the Owner in writing within ten (10) days after the
date of delivery to Contractor of the Engineer's final decision. It is further agreed that
final acceptance of the work by the Owner and the acceptance by the Contractor of the
final payment shall be a bar to any claims by either party, except claims by Owner for
defective work or enforcement of warranties and except as noted otherwise in the contract
documents.
6.05 Continuing Performance
The Contractor shall continue performance of the contract during all disputes or
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.
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6.06 Arbitration
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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 party
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.
7.0 Abandonment of Contract
7.01 Abandonment by Contractor
In case the Contractor should abandon and fail or refuse to resume work within ten (10)
days after written notification from the Owner, or the Engineer, or if the Contractor fails
to comply with the orders of the Engineer, when such orders are consistent with the
Contract Documents, then, and in that case, where performance 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.
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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.
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
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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
In case the Owner shall fail to comply with the terms of this contract, and should fail to
comply with said terms within ten (10) days after written notification by the Contractor,
then the Contractor may suspend or wholly abandon the work, and may remove therefrom
all machinery, tools and equipment, and all materials on the site of work that have not
been included in payments to the Contractor and have not been wrought into the work.
And thereupon the Engineer shall make an estimate of the total amount earned by the
Contractor, which estimate shall include the value of all work actually completed by said
Contractor (at the prices stated in the attached proposal where unit prices are used), the
value of all partially completed work at a fair and equitable price, and the amount of all
Extra Work performed at the prices agreed upon, or provided for by the terms of this
contract, and a reasonable sum to cover the cost of any provisions made by the Contractor
to carry the whole work to completion and which cannot be utilized. The Engineer shall
then make a final statement of the balance due the Contractor by deducting from the
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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.
8.0 Subcontractors
8.01 Award of Subcontracts for Portions of the Work
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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 4uhcontractual 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.Subcontractorshall 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.
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If the Engineer fails to approve a payment for any cause which is the fault of the
Contractor and not the fault of a particular Subcontractor, the Contractor shall pay the
Subcontractor on demand, made at any time after the Certificate for Payment should
otherwise have been issued, for his work to the extent completed, less the retained
percentage.
The Engineer may, on request and at his discretion, furnish to any Subcontractor, if
practicable, information regarding percentages of completion certified to the Contractor
on account of work done by such Subcontractors.
Neither the Owner nor the Engineer shall have any obligation to pay or to see to the
payment of any moneys to such Subcontractor except as may otherwise be required.
9.0 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
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sustained, the Owner shall notify the Contractor who shall defend such proceedings at the
Contractor's expense, and if any judgment or award against the Owner arises therefrom
the Contractor shall pay or satisfy it and shall reimburse the Owner for all attorney's fees
and court or arbitration costs which the Owner has incurred.
9.03 Cuttin and Patching under Sep arate Contracts
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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.
10.0 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
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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.
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.
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7. The Contractor, at his expense, shall promptly repair or replace all items
known to be damaged as a result of blasting. All claims of damage shall
be investigated by the City or by Consulting Firms approved by the City.
8. The Contractor shall maintain accurate records throughout the Blasting
operations showing the type explosive used, number of holes, pounds per
hole, depth of hole, total pounds per shot, delays used, date and time of
blast and initials of the Inspector. The Contractor is fully responsible for
all claims resulting from his blasting operation.
All damage or loss to any property referred to in this article caused in whole or in part by
the Contractor, any Subcontractor, any Sub - subcontractor, or anyone directly or indirectly
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 J •ovation 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
1.0 INFORMATION
1.01 ENGINEER
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The word "Engineer" in these Specifications shall be understood as referring to Baker -
Aicklen & Associates, Inc., 203 E. Main Street, Suite 201, Round Rock, Texas 78664,
Engineer of the Owner, or the Engineer's authorized representative to act in any particular
position for the Owner.
1.02 COPIES OF PLANS AND SPECIFICATIONS FURNISHED
The Agreement will be prepared in not less than five (5) counterpart (original signed)
sets. Owner will furnish Contractor two (2) sets of conforming Contract Documents and
Specifications and four (4) sets of Plans free of charge, and additional sets will be
obtained from the Engineer at commercial reproduction rates plus 20% for handling.
1.03 GOVERNING CODES
All construction as provided for under these Plans and Specifications shall be govemed
by any existing Resolutions, Codes and Ordinances, and any subsequent amendments or
revisions thereto as set forth by the Owner.
1.04 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME
The Contractor agrees that time is of the essence for this Contract and that the definite
value of damages which would result from delay would be incapable of ascertainment
and uncertain, so that for each day of delay beyond the number days of herein agreed
upon for the completion of the work herein specified and contracted for, after due
allowance for such extension of time as is provided for under the provisions of Section
4.02 of the General Conditions, the Owner may withhold permanently from the
Contractor's total compensation, not as penalty but as liquidated damages, the sum of
$250.00 per calendar day.
1.05 LOCATION
The location of work shall be as mentioned in the Notice to Bidders and as indicated on
Plans.
1.06 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
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1
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.
1.07 FAY ESTIMATES
If pay estimates from the Contractor are not received by the Engineer on or before the
1 time specified in Section 5.04 of the General Conditions; then the pay estimate will not be
processed and will be retumed to Contractor.
2.0 ,SPECIAL CONSIDERATIONS
2.01 CROSSING UTILITIES
Prior to commencing the work associated with this contract, it shall be the Contractor's
1
responsibility to make arrangements with the Owners of such utility companies to
uncover their particular utility lines or otherwise confirm their location. Certain utility
1 companies perform such services at their own expense, however, where such is not the
case, the Contractor will cause such work to be done at his own expense.
1 2.02 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.
2.03 GUARANTEES
The Contractor warrants the materials and workmanship and that the work is in
111 conformance with the plans and specifications included in this contract for the period that
the Maintenance Bond, as outlined in Section 04 of the Special Conditions, is in effect.
'
materials which develop during specified notice from Owner, the Contractor shall repair defects in all construction or
fied period and at no cost to Owner. Neither final
acceptance, Certificate of Completion, final payment nor any provision in Contract
1 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.
1
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1
2.04 MINIMUM WAGE SCALE
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Minimum wage scale as specified in section 3.22 of the General Conditions and in
accordance with State of Texas and Federal Government regulations.
2.05 LIMIT OF FINANCIAL RESOURCES
The Owner has a limited amount of financial resources committed to this Project;
therefore, it shall be understood by all bidders that the Owner may be required to change
and/or delete any items which he may feel is necessary to accomplish all or part of the
scope of work within its limit of financial resources. Contractor shall be entitled to no
claim for damages anticipated profits on any portion of work that may be omitted. At any
time during the duration of this contract, the Owner reserves the right to omit any work
from this contract. Unit prices for all items previously approved in this contract shall be
used to delete or add work per change order.
2.06 CONSTRUCTION REVIEW
The Owner shall provide a project representative to review the quality of materials and
workmanship.
2.07 LIMITS OF WORK AND PAYMENT
It shall be the obligation of the Contractor to complete all work included in this Contract,
so authorized by the Owner, as described in the contract documents and technical
specifications. All items of work not specifically paid for in the bid proposal shall be
included in the unit price bids. Any question arising as to the limits of work shall be left
up to the interpretation of the Engineer.
2.08 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.
2.09 "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
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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.
2.10 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.
2.11 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES
Whenever existing utilities, not indicated on Plans, present obstructions to grade and
alignment of proposed improvements immediately notify engineer, who without delay,
will determine if existing utilities are to be relocated, or grade and alignment of proposed
improvements changed. Where necessary to move existing services, poles, guy wires,
pipelines, etc., as determined by the Engineer, the Contractor will make arrangements
with the owner of the utility to be moved and have it moved. The costs of any utility
relocations will be at the Contractor's sole expense. Owner will not be liable for
relocations costs or damages on account of delays due to changes made by owners of
privately owned utilities which hinder progress of the work.
2.12 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.
3.0 TRAFFIC CONTROL
Access shall he provided for residents and emergency vehicles at all times. When it
becomes necessary to restrict access, the Contractor shall notify all applicable agencies
(i.e. Fire Department, E.M.S., Public Works, etc.). At the end of each day two lanes of
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1
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
1 for complying with this Special Condition.
4.0 MAINTENANCE BOND
Per City of Round Rock Ordinances, a two (2) year Maintenance Bond naming the City
of Round Rock as obligee will be required for public streets constructed without lime
stabilization of subgrade material when the Plasticity Index of the subgrade is above 24.
Maintenance Bond shall remain in effect for two (2) years from date of City of Round
Rock acceptance of improvements.
A one (1) year Maintenance Bond in the amount of one hundred (100 %) percent of the
contract price will be required for all other improvements and shall be submitted prior to
final payment. Such bonds shall be from an approved surety company holding a permit
from the State of Texas to act as surety (and acceptable according 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.
1
5.0 INSURANCE
1 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:
1 a. Statutory Worker's Compensation and minimum $100,000 Employers
Liability Insurance
1 b. Commercial Gener Li ability Insurance with minimum limits of $500,000
' per occurrence and $1,000,000 Aggregate or $500,000 for this designated
project and $100,000 Fire Damage
1 specond doc SC -5
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c. Automobile Liability Insurance for all owned, non -owned and hired
vehicles with minimum limits for Bodily Injury of $250,000 for each
person and $500,000 for each occurrence and Property Damage limits of
$100,000 or Combined Single Limit of $600,000.
d. On all new or remodeling building projects: All Risk Builders Risk
Insurance for insurable building projects shall be insured in the amount of
the contract price for such improvements. Owner and Contractor waive all
rights against each other for damages caused by fire or other perils to the
extent covered by Builders Risk Insurance required under this section,
except as to such rights as they may have in the proceeds of such
insurance. Contractor shall require similar waivers by Subcontractors and
Sub - subcontractors.
e. Owner and Contractor's Protective Policy. The Contractor shall provide
and maintain during the life of this contract and until all work under said
contract has been completed and accepted by the Owner, an Owner's and
Contractor's Protective Policy which co- insures the Owner and the
Owner's agents and employees with the same Commercial General
Liability coverage as described above, entitled "Commercial General
Liability Insurance."
When offsite storage is permitted, policy will be endorsed for transit and off site storage
in amounts sufficient to protect property being transported or stored.
This insurance shall include, as insured, City of Round Rock, Contractor, Subcontractors
and Sub - subcontractors in the work, as their respective interest may appear.
If insurance policies are not written for amount specified in b. and c. above, Contractor is
required to carry an Excess Liability Insurance Policy for any difference in amounts
specified.
Contractor shall be responsible for deductibles and self insured retentions, if any, stated
in policies. Any self insured retention shall not exceed ten percent of minimum required
limits. All deductibles or self insured retentions shall be disclosed on Certificate of
Insurance required above.
Contractor shall not commence work at site under this Contract until he has obtained
required insurance and until such insurance has been reviewed by Owner's Contract
Administration Office. Contractor shall not allow any Subcontractors to commence work
until insurance required has been obtained and approved. Approval of insurance by
Owner shall not relieve or decrease liability of Contractor hereunder.
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Insurance to be written by a company licensed to do business in the State of Texas at the
time policy is issued and acceptable to owner.
Contractor shall produce an endorsement to each effected policy:
1. Naming City of Round Rock, 221 East Main Street, Round Rock, Texas
78664 as additional insured (except Workers' Compensation and Builders
Risk).
2. That obligates the insurance company to notify Joanne Land, City
Secretary, City of Round Rock, 221 East Main Street, Round Rock, Texas
78664 of any and all changes to policy 30 days prior to change.
3. That the "other" insurance clause shall not apply to Owner where City of
Round Rock is an additional insured shown on policy. It is intended that
policies required in this agreement, covering both Owner and Contractor,
shall be considered primary coverage as applicable.
Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse
during term of this Contract or as required in the Contract.
If Contractor is underwritten on a claim -made basis, the retroactive date shall be prior to,
or coincident with, the date of this Contract and the Certificate of Insurance shall state
that coverage is claims made and also the retroactive date. Contractor shall maintain
coverage for duration of this Contract and for two years following completion of this
Contract.
Contractor shall provide the City annually a Certificate of Insurance as evidence of such
insurance. It is further agreed that Contractor shall provide Owner a 30 day notice of
aggregate erosion, an advance of the retroactive date, cancellation and/or renewal.
It is also agreed that Contractor will invoke the tail option at request of Owner and the
Extended Reporting Period (ERP) premium shall be paid by Contractor.
Owner reserves the right to review insurance requirements of this section during effective
period of the Contract and to make reasonable adjustments to insurance coverages and
their limits when deemed necessary and prudent by Owner based upon changes in
statutory law, court decisions or the claims history of the industry as well as Contractor.
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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
1 1
1.0 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 inspection and
testing of,$ite Grading Improvements at Old Settler's Park at Palm Valley complete
in accordance with the Plans, and subject to the terms and conditions of the Contract
Documents.
1.02 GOVERNING TECHNICAL, SPECIFICATIONS
NOTE: The item number designation shown in parentheses adjacent to captions herein
is 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 Baker - Aicklen & Associates, Inc.
2.0 CONTROL OF WORK
2.01 CLEAN -UP
2.01.1 CONSTRUCTION SITE
During construction the Contractor shall keep the site free and clean from all rubbish
and debris and shall clean-up the site promptly when notified to do so by the
1 Engineer.
The Contractor shall, at his own expense, maintain the streets and roads free from
dust, mud, excess earth or debris which constitutes a nuisance or danger to the public
using the thoroughfare, or the occupants of adjacent properties.
techspec.doc TS -1
1
2.01.2 BACKWORK
2.02 GRADING
techspec.doc
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.
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 commence until the back work is done to the
Engineer's satisfaction.
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.
3.0 EXAMINATION AND REVIEW
3.01 EXAMINATION OF WORK
The work covered under this Contract shall be examined and reviewed by the Engineer,
representatives of all govemmental entities which have jurisdiction, and the Owner's
authorized representative. The quality of material and the quality of installation of the
improvements shall be to the satisfaction of the Engineer. It shall be the Contractor's
responsibility for the construction methods and safety precautions in the undertaking of
this Contract.
3.02 NOTIFICATION
The Engineer and Owner must be notified a minimum of 24 -hours in advance of
beginning construction, testing, or requiring presence of the Engineer, project
representative, or Owner's representative.
3.03 CONSTRUCTION STAKING
The Engineer shall furnish the Contractor reference points and benchmarks that, in the Engineer's
opinion, provide sufficient information for the Contractor to perform construction staking.
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3.04 PROTECTION OF STAKFS MARKS. ETC.
4.0 PROTECTION AND PRECAUTION
4.01 WORK IN FREEZING WEATHER
Portions of the work may continue as directed by the Engineer.
4.02 PROTECTION OF TREES. PLANTS AND SHRUBS
4.03 TRAFFIC CONTROL MEASURES AND BARRICADES
Traffic control measures and barricades shall be installed in accordance with the "Texas
Manual of Uniform Traffic Control Devices" and in other locations deemed necessary
by the Engineer, for the protection life and property. Under no circumstances will any
existing road be permitted to remain closed over a weekend. No separate pay will be
made for this item. Costs for this item shall be subsidiary to other items of work.
4.04 PROPERTY LINES AND MONUMENTS
The Contractor shall be responsible for the protection, reference and resetting of property
comer monuments if disturbed.
4.05 DISPOSAL OF SURPLUS MATERIAL
The Contractor shall at his own expense, make arrangement for the disposal of surplus
material, such as rock, trees, brush and other unwanted backfill materials.
4.06 CONTRACTOR'S USE OF PREMISES
The Contractor shall, at his own expense, provide additional space as necessary for his
operations and storage of materials.
techspec doc
All engineering and surveyor's stakes, marks, property comers, etc., shall be carefully
preserved by the Contractor, and in case of destruction or removal during the course of
this project, such stakes, marks, property comers, etc., shall be replaced by the Contractor
at the Contractor's sole expense.
The Contractor shall take necessary precautions to preserve all existing trees, plants and
shrubs but where it is justifiable and necessary the Contractor may remove trees and
plants for construction right -of -way but only with approval of the Engineer.
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5.0 MATERIALS
5.01 TRADE NAMES
Except as specified otherwise, wherever in the specifications an article or class of
material is designated by a trade name or by the name or catalog number of any maker,
patentee, manufacturer, or dealer, such designations shall be taken as intending to mean
and specify the articles described or another equal thereto in quality, finish, and
serviceability for the purpose intended, as may be determined and judged by the Engineer
in his sole discretion.
5.02 MATERIALS AND WORKMANSHIP
No material which has been used by the Contractor for any temporary purpose whatever
is to be incorporated in the permanent structure without the written consent of the
Engineer. Where materials or equipment are specified by a trade or brand name, it is not
the intention of the owner to discriminate against an equal product of another
manufacturer, but rather to set a definite standard of quality for performance, and to
establish an equal basis for the evaluation of bids. Where the words "equivalent ",
"proper" or "equal to" are used, they shall be understood to mean that the item referred to
shall be "proper ", the "equivalent" of, or "equal to some other item, in the opinion or
judgment 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.
techspec doc TS -4
7.0 PLANS
1.0 GENERAL DESCRIPTION
PLANS
The work covered by the Plans listed in this section consists of furnishing all labor,
equipment, materials, and performing all operations in connection with the construction
of the $ite Grading Improvements at Old Settler's Park at Palm Valley complete in
accordance with the Plans, and subject to the terms and conditions of the Contract
Documents.
2.0 PLANS
The construction drawings listed below form a part of the Contract Documents:
! Sheet Index
plans doc
Sheet No. Description
1 Cover Sheet
2 Youth Sports Complex - Site Grading & Drainage Plan
& Utility Improvements
3 Youth Sports Complex - Site Grading & Drainage Plan
& Utility Improvements
4 Soccer Fields - Site Grading & Drainage Plan
5 Miscellaneous Utility Details
P -1
Baker- Aicklen & Associates, Inc.
Consulting Engineers
Contract For:
Old Settlers Park - Youth Sports Complex
Owner:
City of Round Rock
CONTRACT CHANGE ORDER NO. 1
Contractor:
Bandolier Corporation dba Reconstruction Specialties
You are hereby requested to comply with the following changes from the contract plans and specifications:
Description of Changes DECREASE INCREASE
Contract Price Contract Price
C01-Al Add 2,900 CY Loam to dress both Football Fields
at $6.00 /CY $17,400.00
COI-A2 Add 70 foot Baseball Field per specifications
with variable infield dimensions
Lump Sum @ $35,850.00 $35,850.00
COI-A3 Add 90 foot Baseball Field per specifications
Lump Sum @ $25,938.00 $25,938.00
C01-A4 Redress existing Baseball Field 200 CY Loam
@ $6.00 /CY $1,200.00
C01-D1 Delete 9,919 CY Excavation on Baseball Fields
@ $1.86 /CY ($18,449.34)
Subtotal ($18,449.34) +$80,388.00
Net Changes in Contract Price $61,938.66
Justification:
Items Al - A4
Item Dl
Requested by Owner
Per Revised Grading Plan Quantities
The amount of the Contract before this Change Order is
Three hundred forty two thousand three hundred fifty nine dollars and six cents
The Amount of the Contract will INCREASE by the sum of
Sixty one thousand nine hundred thirty eight dollars and sixty six cents
Date: 9/10/97
Sheet No.: 1 of 1
Job No.: 601 - 523 -12
($
( $
The CONTRACT TOTAL including this Change Order will be
Four hundred four thousand two hundred ninety seven dollars and seventy two cents ( $
The Contract Time will be unchanged.
This document will become a supplement to the Contract and all provisions will apply hereto.
342.359.06).
61,938.66).
404.297.72).
4.
Contract Change Order No. 1
Old Settlers Park - Youth Sports Complex
Reconstruction Specialties, (Contractor)
icklen & Asso
City of Round 42obk! (Owner)
Inc., (Engineer)
r = s
Date
9//x/
ate
9 -a5 -97
Date
9/10/97
Page 2