R-97-11-25-10H - 11/25/1997CITY OF ROUND ROCK
PUBLIC WORKS DEPARTMENT
NOVEMBER 1997
e - // --as- -,o /1
OAKLANDS /OAK CREEK WATERLINE
REPLACEMENT PROJECT
PLANS, SPECIFICATIONS
AND CONTRACT DOCUMENTS
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7C,
1.0 NOTICE TO BIDDERS
NOTICE TO BIDDERS
Sealed bids addressed to the Purchasing Agent, City of Round Rock, 221 East Main
Street, Round Rock, Texas 78664, for furnishing all labor, material and equipment and
performing all work required for the project titled OAKLANDS /OAK CREEK
WATERLINE REPLACEMENT PROJECT (project includes approximately 300 water
service replacements including street repair.) will be received until 2:00 p.m. November 18,
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 "OAKLANDS /OAK
CREEK WATERLINE REPLACEMENT PROJECT ". No bids may be withdrawn after
the scheduled opening time. Any bids received after scheduled bid opening time will be
returned unopened.
Bids must be submitted on City of Round Rock bid forms and must be accompanied
by an acceptable bid security as outlined in the Instructions to Bidders, payable to the City
of Round Rock, Texas equal to five percent (5 %) of the total bid amount. Plans, Bid Forms,
Specifications, and Instructions to Bidders may be obtained from the Department of Public
Works, 2008 Enterprise Drive, in Round Rock, Texas (512- 218 -5555) beginning
November 3, 1997 for a non - refundable charge of 815.00 per set.
In case of ambiguity, duplication, or obscurity in the bids, the City of Round Rock
reserves the right to construe the meaning thereof. The City of Round Rock further reserves
the right to reject any or all bids and waive any informalities and irregularities in the bids
received.
The successful bidder will be expected to execute the standard contract prepared by
the City of Round Rock, and to furnish performance and payment bonds as described in the
bid documents. Contractors and subcontractors shall pay to laborers, workmen, and
mechanics the prevailing wage rates as determined by the City of Round Rock.
Publish Dates:
Austin American Statesman: Round Rock Leader:
10/27/97 10/30/97
11/3/97 11/3/97
noecebd.owl /specsjn
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2.0 BID DOCUMENTS
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 prop -sal.
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
biddoc.mst/spec BD -
to do the work otherwise when the best interest of the City of Round Rock will be
thereby promoted.
9. In case of ambiguity or lack of clarity in the statement of prices in the bids, the City
of Round Rock reserves the right to consider the most favorable analysis thereof, or
to reject the bid. Unreasonable (or unbalanced) prices submitted in a bid may result
in rejection of such bid or other bids.
10. Award of the contract, if awarded, will be made within sixty (60) days after opening
of the proposals, and no bidder may withdraw his proposal within said sixty (60) day
period of time unless a prior award is made.
11. Within ten (10) days after written notification of award of the contract, the successful
bidder must furnish a performance bond and a payment bond in the amount of one -
hundred percent (100 %) of the total contract price. If the total contract price is
$25,000.00 or less, the performance and payment bonds will not be required. Said
performance bond and payment bond shall be from an approved surety company
holding a permit from the State of Texas, with approval prior to bid opening,
indicating it is authorized and admitted to write surety bonds in this state. In the event
the bond exceeds $100,000.00, the surety must also (1) hold a certificate of authority
from the United States secretary of the treasury to qualify as a surety on obligations
permitted or required under federal law; or (2) have obtained reinsurance for any
liability in excess of $100,000.00 from a reinsurer that is authorized and admitted as
a reinsurer in this state and is the holder of a certificate of authority from the United
States secretary of the treasury to qualify as a surety or reinsurer on obligations
permitted or required under federal law.
In determining whether the surety or reinsurer holds a valid certificate of authority,
the City may rely on the list of companies holding certificates of authority as
published in the Federal Register covering the date on which the bond is to be
executed.
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,
biddoc.msttspec BD_2
and payment bond as required by item 11 above, shall be just cause for the annulment
of the award. In case of the annulment of the award, the proposal guarantee shall
become the property of the City of Round Rock, not as a penalty, but as a liquidated
damage.
14. No contract shall be binding upon the City of Round Rock until it has been signed by
its Mayor after having been duly authorized to do so by the City Council.
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. The certificate of insurance form included in the
contract documents must be used by the Contractor's insurer to furnish proof
of insurance.
16. Any quantities given in any portion of the contract documents, including the plans,
are estimates only, and the actual amount of work required may differ somewhat from
the estimates. The basis for the payment shall be the actual amount of work done
and/or material furnished.
17. No Texas sales tax shall be included in the prices bid for work under this contract.
This contract is issued by an organization which is qualified for exemption pursuant
to the provisions of Article 10.04 (h) of the Texas Limited Sales, Excise and Use Tax
Act. The contractor performing this contract may purchase, rent or lease all materials,
supplies, equipment used or consumed in the performance of this contract by issuing
to his supplier an exemption certificate complying with State Comptroller's ruling
#95 -0.07. Any such exemption certificate issued by the contractor in lieu of the tax
shall be subject to the provisions of the State Comptroller's ruling #95 -0.09 as
amended to be effective July 1, 1979.
18. No conditional bids will be accepted.
19. If the bidder's insurance company is authorized, pursuant to its agreement with
bidder, to arrange for the replacement of a loss, rather than by making a cash payment
directly to the City of Round Rock, the insurance company must furnish or have
furnished by bidder, a performance bond in accordance with Section 2253.021(b),
Texas Government Code, and a payment bond in accordance with Section
2253.021(c).
biddoc.mst/spec BD -
BID BOND
KNOW ALL MEN BY THESE PRESENTS THAT WE,
as PRINCIPAL and
as SURETY, are held and firmly
bound unto the
hereinafter referred to as the "OWNER ", in the penal sum of
five percent (5 %) of the total amount of the bid of the PRINCIPAL submitted to the
OWNER, for the work 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
OAKLANDS /OAK CREEK WATERLINE REPLACEMENT PROJECT 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 judgement is recovered, said
SURETY shall pay all costs incurred by the OWNER in such suit, including a reasonable
attorney's fee to be fixed by the Court.
In WITNESS WHEREOF, we have hereunto set our hands and seals this day of
Principal: Surety:
By: By:
(Seal) (Seal)
Biddoc.owl/specjn BD -4
PROPOSAL BIDDING SHEET
JOB NAME: OAKLANDS /OAK CREEK WATERLINE REPLACEMENT PROGRAM
JOB LOCATION: Round Rock, Williamson County, Texas
OWNER:
DATE:
Gentlemen:
Pursuant to the foregoing Notice to Bidders and Instructions to Bidders, the undersigned bidder
hereby proposes to do all the work, to famish 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
OAKLANDS /OAK CREEK WATERLINE REPLACEMENT PROJECT 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:
Bid
Item Ouantitv
lA 15
15 EA Remove and replace existing
Biddoc.owlispecjn
City of Round Rock, Texas
Item Description Unit
Unit and Written Unit Price Price
EA
long -side single water service
including street repair.
for"``' dollars
/\)a
and
BASE BID
BD -5
cents.
Remove and replace existing
short-side single w ter service.
for' dollars
and b cents.
Amount
$ / p $ csr
Bid
Item Ouantity
2. 133
2A. 137
3. 1,480
4. 20,160
5. 6,000
6. 1
Item Description Unit
Unit and Written Unit Price Price
EA
EA
LF
SF
SF
LS
Biddoc.owVspecjn BD -
Remove and replace existing
long -side double water service
including street repair.
for "[e`''" dollars
and N o cents.
Remove and replace existing
short-side double water service.
for (41 '`" L ` t dollars
and 14) cents.
Remove and replace concrete
curb and gutter.
for 7 dollars
and cents. $
Remove and replace concrete
sidewalk.
for l„ dollars
and )J o cents. $ 3
Remove and replace concrete
drivewa
for dollars
and Ain cents.
Trench safety
for Ott, dollars
and I•a cents. $
$ II( $ ���
$ ( $ `CAL 1W
Amount
$ 4v
$ Z.e-1- 0 -
Jv
TOTAL BASE BID (Items 1 thru 6):
ALTERNATE
Bid
Item Ouantity
Al
Respectfully b
Date
Item Description Unit
Unit and Written Unit Price Price
EA
Deduct per service for
in -site replacement
(pipe bursting). £2,,E)
for dollars "G
and cents.
STATEMENT OF SEPARATE CHARGES:
Materials: $ 7-C) �C.) --
All Other Charges: $ 300 Z ' 1
i
Amount
Total: $ S7 2_,`z" I —
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 one hundred
twenty (120) calendar days after the date of the written Notice -to- Proceed.
The undersigned certifies that the bid prices contained in the proposal have been carefully checked and are
submitted as correct and final. The Owner reserves the right to reject any or all bids and may waive any
informalities.
\J e, Fps
Title for -
e ist -/\ is h&c..
Name of Firm
1 -11
Telephone
Biddoc.owUspecjn BD -7
?a t e.,11 wta. U 14.11 x 7865`'
Address
(V56) 6I3 eery' Cs - s6) 6A 3 stMG
Secretary, if Contractor is a
Corporation
COMMERCIAL INDEMNITY
Insurance Company
BID BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT Nelson Lewis, Inc., 407 Main Street, Suite 3, Marble Falls, Texas 78654 as Principal,
and COMMERCIAL INDEMNITY INSURANCE COMPANY, as Surety, are held and firmly bound
unto City Of Round Rock, 221 East Main Street, Round Rock, Texas 78664 as Obligee, in the full and
just sum of Five (5 %) Percent of the Amount Bid lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, our heirs, administrators,
executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal is hereby submitting its proposal for Oaklands /Oak Creek
Waterline Replacement Project .
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
aforesaid Principal shall be awarded the contract the said Principal will, within the time required,
enter into a formal contract and give a good and sufficient bond to secure the performance of the
terms and conditions of the contract, then this obligation to be void; otherwise, the Principal and
Surety will pay unto the Obligee the difference in money between the amount of the bid of the said
Principal and the amount for which the Obligee legally contracts with another party to perform the
work if the latter amount be in excess of the former, but in no event shall liability hereunder
exceed the penal sum hereof.
Signed, sealed and delivered 18th day of November 1997.
Nelson Lewis, Inc.
BOND NUMBER BD34836
PRINCIPAL
By (SEAL)
COMMERCIAL IIND CE COMPANY
By 11) ✓ � (SEAL)
W.T. Ragsd ATTORNEY -IN -FACT
1 Commercial Indemnity Insurance Company COMMERCIAL BD34836
P.O. Box 67 INDEMNITY INSURANCE CO. POWER OF ATTORNEY
t Austin, Texas 78741
KNOW ALL MEN BY THESE PRESENTS:
I 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 12`
day of May, 1996, to wit:
I "Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attomey-
In -Fact, such persons, firms, or corporations as may be selected from time to time.
1 Be It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attorney or any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall
I 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:
I 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:
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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.
Rudy Herzog, President
State of Texas
County of Travis
1 On this 12 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 instrument as President, on behalf of the Corporation therein named and acknowledged to me
that the Corporation executed it.
Commission Expires 5 -20 -98 Shannon McBride, Notary Public
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 18th day of November 1997
Paul Cameron. Secretary
3.0 POST BID DOCUMENTS
THE STATE OF TEXAS
COUNTY OF WILLIAMSON §
AGREEMENT
tl1
A f THIS AGREEMENT, made and entered into this 1 o day of
LUI
, 1999, by and between (Owner) City of Round Rock, Texas of the State
of Texas, actin through Charles Culpepper, Mayor, thereunto duly authorized so to do,
hereinafter termed OWNER, and (Contractor) N ,kSay\ 1 -e-4 , -i3 ) I1-. of
P11w hle t $ , Texas, County of m-1 , and State of Texas, hereinafter
termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by OWNER, and under the conditions
expressed in the bond bearing even date herewith, CONTRACTOR hereby agrees with the
said OWNER to commence and complete the construction of certain improvements
described as follows:
OAKLANDS /OAK CREEK WATERLINE REPLACEMENT PROJECT
Further described as the work covered by this specification consists of furnishing all the
materials, supplies, machinery, equipment, tools, supervision, labor, insurance, and other
accessories and services necessary to complete the said construction, in accordance with the
conditions and prices stated in the Proposal attached hereof, and in accordance with the
Notice to Contractors, Instructions to Bidders, General Conditions of Agreement, Special
Conditions, Technical Specifications, Plans, and other drawings and printed or written
explanatory material thereof, and the Specifications and Addenda therefor, as prepared by
City of Round Rock Public Works Department, each of which has been identified by the
CONTRACTOR'S written Proposal, the General Conditions of the Agreement, and the
Performance, Payment, and Maintenance Bonds hereof, and collectively evidence and
constitute the entire contract.
The CONTRACTOR hereby agrees to commence work within 1 0 calendar days
after the date written notice to do so have been given to him, and to complete the same within
/ ZO calendar days after the date of the written Notice to Proceed, subject to such
extensions of time as are provided by the General and Special Conditions.
postbid.owUspee master
PBD -
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown
in the Proposal, which forms a part of this Contract, such payments to be subject to the
General and Special Conditions of the Contract.
IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the
year and day first above written.
CITY OF ROUND ROCK, TEXAS
(OWNE
BY:
Charles 1. pper
Mayor
ATTEST: ATTEST:
Corporate Seal
postbid.mst/spec master
Signed:
PBD -2
1\eASaY\
(CONTRACTOR)
BY
� ar\ k its \J
(Typed name) (Title)
t %i7wrn ✓/ t4c[lZti
Secretary, if Contractor is a
Corporation or otherwise registered
with the Secretary of State
(The following to be executed if the Contractor is a Corporation.)
I, 1 o m m / e L ow , certify that I am the Secretary of the Corporation named
as Contractor herein; that h' N Z e-cu i 5 , who signed this Contract on behalf
of the Contractor was then tJ is e e s icle.0* (official title) of said Corporation, that
said Contract was duly signed for and in behalf of said Corporation, that said Corporation by
authority of its governing body, and is within the scope of its corporate powers.
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
poscbid.owUspec master
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That Nelson Lewis, Inc. of the
City of Marble Falls County pf Burnet and State of
Commercial
Texas , as Principal, and L saran o
omanv .t l irized under the law
of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto
THE CITY OF ROUND ROCK, TEXAS, (Owner), in the penal sum of Three Hundred
Fifty Thousand Two Hundred Eighty d ollars (S 350, 2 .00
And N - /100s ( ) for the payment
nm
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 25th day of N ovember 9 7
Y 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:
OAKLANDS /OAK CREEK WATERLINE REPLACEMENT PROJECT
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 aereements in
and by said Contract, agreed and covenanted by the Principal to be observed and performed,
including_ but not limited to, the repair of any and all defects in said work occasioned by and
resulting from defects in materials furnished by or workmanship of, the Principal in
performing the work covered by said Contract and occurring within a period of twelve (12)
months from the date of the contract Completion Certificate and all other covenants and
conditions, according to the true intent and meaning of said Contract and the Plans and
Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full
force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter
2253, Texas Government code, as amended, and all liabilities on this bond shall be
determined in accordance with the provisions of said Chapter 2253 to the same extent as if
it were copied at length herein.
PBD -3
Bond No. BD34993
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 10th day of December
19 97 .
Nelson Lewis, Inc.
Title
P.O. Box 217
Address
Marble Falls, Texas 78654 Austin, Texas 78741
Resident Agent of Surety:
Time Insurance Agency, Inc.
Printed Name
1507 South IH -35
Address
Austin, Texas 78741
City, S ate & Zip Code
Si•Tre
postbid.owL'spec master
PBD -4
Commercial Indemnity Insurance Company
Surety �/
By: (� ` _
W. T. Ragsda e, Attorney-In-Fact
Title
1507 South IH -35
Address
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
postbid.owUspec master
PAYMENT BOND
PBD -5
Bond No. BD34993
KNOW ALL MEN BY THESE PRESENTS.. That Nelson Lewis, Inc. ,oftheCity
of Marble Falls County of Burnet , and State of
TPXaq as Principal, admmercial Inde zed under the laws of the
nourancc Eeirrpany
State of Texas to act as Surety on Bonds for Principals, are held and firmly bound unto THE
CITY OF ROUND ROCK, (OWNER), and all subcontractors, workers, laborers,
mechanics and suppliers as their interest may appear, all of whom shall have the right to sue
upon this bond, in the penal sum of Three Hundred Fifty Thousand Two Hundred
Eighty One and No / 100 4Dollars (5 350,281.00 ) 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 25th day of November , 1997 , 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:
OAKLANDS /OAK CREEK WATERLINE REPLACEMENT PROJECT
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 Chapter
2253, Texas Government code, as amended, and all liabilities on this bond shall be
determined in accordance with the provisions of said Chapter 2253 to the same extent as if
it were copied at length herein.
PAYMENT BOND (continued)
Surety, for value received, stipulates and agrees that no change. extension of time, alteration
or addition to the terms of the contract, or to the work performed thereunder, or the plans,
specifications or drawings accompanying the same shall in anywise affect it's obligation on
this bond, and it does hereby waive notice of any such change, extension of time, alteration
or addition to the terms of the contract, or to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this
Instrument this 10th day of December , 19 97
Nelson Lewis, Inc.
Principal Surety
Bv: B � 4
\) I e. P rv, Tct,
Title
P. 0. Box 217
Address
Marble Falls, Texas 78654 Austin, Texas 78741
Resident Agent of Surety:
Time Insurance Agency, Inc.
Printed Name
1507 South IH -35
Address
Austin, Texas 78741
City, St to Zip Code
Sign e
postbid.owl /spec master
PBD -6
Commercial Indemnity Insurance Company
W. T. Ragsdale, Attorney -In -Fact
Title
1507 South IH -35
Address
1 Commercial Indemnity Insurance Company COMMERCIAL BD34993
P.O. Box 67 INDEMNITY INSURANCE CO. POWEROFATTORNEY
1 Austin, Texas 78741
I 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 12'
III 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.
1 Be It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attorney or any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall
I 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:
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W. T. Ragsdale
State of Texas its true and lawful attomey(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 (11,000,000.00) 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 Attorney(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
Rudy Herzog, President/7
County of Travis
1 On this 12'" 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 instrument as President, on behalf of the Corporation therein named and acknowledged to me
that the Corporation executed it.
1 Commission Expires 5 -20 -98
CERTIFICATE
I 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:
IMINCIMME
wrx +w�
Shannon McBride, Notary Public
Signed and Sealed a the said Company at Austin, Texas dated this 10th day of December 1997
Paul Cameron, Secretary
FEE -05 -90 05:34 PM CEN —TEX INS AGY 512 756 7706 P_02
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• CERTIFICATE OF LIABILITY INSURANCE
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OTHER
ELSCBJPTION OF OPERATIONS /LOCATIONSfvEJ[ICLPS /SPECIAL REMSIEXCEFTIONS
CC,tliia.e_v.n.. PBD -7
LIMITS
EACH ACCIDENT S
DISEASE • POLICY LIMIT S
DISEASE • EACH EMPLOYEE 3
P0:
Dole 1/9/98
I PRODUCER COMPANIES AFFORDING COVERAGE
Cen Tex Ins Agy
PO Box 397 A CNA Insurance Co
' Burnet, Texfis 78611 9
INSURED Nelson LewiS, Inc. C
I PC Box 217
Marble Falls Texas 7$654 13
THIS IS TO CERTIFY THAT tha I nsured named 00v1 is insured by the Companies listed above with respect to the business
I ▪ operations hcreltLitfter desctllred, for the types of Inturunce turd bi accordance with she provisions of the sa n mIa t ',uncles used
by the cumpatties, and Cutther hereitlaRel described. Exceptions to the policies are noted below.
1 CO TYPE OF NSIURANCE POLICY EFFECTIVE EXPIRATION
LTR NUMBER DATE DATE
1 GENPRAL LIABILITY OF NEtU t. AOORF.IIAT s
C2 04999484 3/31/97 3 /31/98 PxODUCTS- COMP•UP AGO S 2 ,000,000
PERSONALkADY.INJURY 5 1,000,000
' EACH OCCURRENCE 5 1,000,000
5 )tb DAMAGE truly one ore) $ 50,000
Mtu. EnyenSL (Any one rnr,onl 3 5,000
i AUTOMGBQ•F. LIABILITY coMHiNEO SINGLE LIA11T i 500,000
C6 0471 1010 3 /31/97 3 /31/98 eonn,T isivar 1Prr person) 5
I IUDULT INJURY try' scours) .s
PROPERTY DAMAGE 5
EXCESS LIARILRY FACN OCCURAF.NCF S 1 ,000,000
1 C1 22222276 AGGREGATE 5 T,000,000
svoiU(ERS' coMPCNSATION AND EMPLOYERS' LNDILiTY STATUTORY LIMITS
' , jlrc CIry .1f Rourd Rat Is named at sdditlonel Insured with respect to all policies except or ere Compensstlen en mp Byers' ishilmy. Stieuld any
a of the ahnve described I. -Aides by cancelled Of Bunged tr(ore the esplratten date thereof. the Issuing company .111 mall thlny 1301 days ..11161 noU.e
to the cenLt1c1Ie holder mime tete *,
CERTIFICATE HOLDER: City of Round Rock SIGNATURE. OP AUTHORIZED REPRESENTATIVE
221 B. Main Steen nn
Round Aoele, Tones /Ws r).-Lx EX �nsu2at2 E gEne�
assn:1OI1V Lam L.F
Typed Name
1 Tllle:
CERTIFICATE OF LIABILITY INSURANCE Date:
PRODUCER COMPANIES AFFORDING COVERAGE
A
1 B
INSURED C
1 D
THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business
II operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used
by the companies, and further hereinafter described. Exceptions to the policies are noted below.
I CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS
LTR NUMBER DATE DATE
1
1
1
1
1
1
1
1
1
1
1
1
1
GENERAL LIABILITY
AUTOMOBILE LIABILITY
EXCESS LIABILITY
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY LI.MITS
OTHER
DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /SPECIAL ITEMS /EXCEPTIONS
The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers' Liability. Should any
of the above described policies by cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice
to the certificate holder named below.
CERTIFICATE HOLDER: City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
attn: Joanne Land
postbid.owl /spec master
PBD -7
Title:
GENERAL AGGREGATE 5
PRODUCTS- COMP /OP AGG. 5
PERSONAL & ADV. INJURY $
EACH OCCURRENCE $
FIRE DAMAGE (Any one fire) 5
MED. EXPENSE (Any one person) S
COMBINED SINGLE LIMIT 5
BODILY INJURY (Per person) 5
BODILY INJURY (Per accident) 5
PROPERTY DAMAGE S
EACH OCCURRENCE 5
AGGREGATE 5
EACH ACCIDENT S
DISEASE - POLICY LIMIT S
DISEASE - EACH EMPLOYEE $
SIGNATURE OF AUTHORIZED REPRESENTATIVE
Typed Name:
MAINTENANCE BOND
BOND NUMBER AMOUNT
KNOW ALL MEN BY THESE PRESENTS,
That we,
(hereinafter called the "Principal ") as Principal,
and the a Corporation duly organized under the laws
of the State of and duly licensed to transact business in
the State of (hereinafter called the "Surety"), as Surety, are
held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS (hereinafter called
the "Obligee "), in the sum of
dollars (5 ) 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
and
WHEREAS, the said Principal has heretofore entered into a contract with
Dated , 19 , for construction of:
OAKLANDS /OAK CREEK WATERLINE REPLACEMENT PROJECT
WHEREAS, the said Principal is required to guarantee the construction of all improvements
installed under said contract, against defects in materials or workmanship, which may
develop during the period of year(s) from the date of acceptance of the
project above described, by Owner:
The City of Round Rock, Texas
NOW, THEREFORE, THE CONDITIONS OF THE OBLIGATIONS IS SUCH, that if said
Principal shall faithfully carry out and perform the said guarantee, and shall, on due notice,
repair and make good at its own expense any and all defects in materials or workmanship in
the said work which may develop during the period of year(s) from the date of
acceptance of the project above described, by Owner:
The City of Round Rock, Texas
postbid.owVspec master
PBD -8
day of , A.D. nineteen hundred
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.
Principal Surety
By: By:
Title Title
Address Address
Resident Agent of Surety:
Printed Name
Address
City, State & Zip Code
Signature
postbid.mriispec master
PBD -9
4.0 GENERAL CONDITIONS
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1 General Conditions of Agreement
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Contents
1. Definition of Terms
1.01 - Owner, Contractor and Engineer
1.02 - Contract Documents
1.03 - Subcontractor
1.04 - Sub - Subcontractor
1.05 - Written Notice
1.06 - Work
1.07 - Extra Work
1.08 - Working Day
1.09 - Calendar Day
1.10 - Substantially Completed
2. Responsibilities of the Engineer and the Contractor
2.01 - Owner- Engineer Relationship
2.02 - Professional Inspection by Engineer
2.03 - Payments for Work
2.04 - Initial Determinations
2.05 - Objections
2.06 - Lines and Grades
2.07 - Contractor's Duty and Superintendence
2.08 - Contractor's Understanding
2.09 - Character of Workers
2.10 - Contractor's Buildings
2.11 - Sanitation
2.12 - Shop Drawings
2.13 - Preliminary Approval
2.14 - Defects and Their Remedies
2.15 - Changes and Alterations
2.16 - Inspectors
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3. General Obligations and Responsibilities
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5. Measurement and Payment
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3.01 - Keeping of Plans and Specifications Accessible
3.02 - Ownership of Drawings
3.03 - Adequacy of Design
3.04 - Right of Entry
3.05 - Collateral Contracts
3.06 - Discrepancies and Omissions
3.07 - Equipment, Materials and Construction Plant
3.08 - Damages
3.09 - Protection Against Accident to Employees and the Public
3.10 - Performance and Payment Bonds
3.11 - Losses from Natural Causes
3.12 - Protection of Adjoining Property
3.13 - Protection Against Claims of Subcontractors, etc.
3.14 - Protection Against Royalties or Patented Invention
3.15 - Laws and Ordinances
3.16 - Assignment and Subletting
3.17 - Indemnification
3.18 - Insurance
3.19 - Final Clean-Up
3.20 - Guarantee Against Defective Work
3.21 - Testing of Materials
3.22 - Wage Rates
4. Prosecution and Progress
4.01 - Time and Order of Completion
4.02 - Extension of Time
4.03 - Hindrances and Delays
5.01 - 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
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6. Extra Work and Claims
6.01 Change Orders
6.02 Minor Changes
6.03 Extra Work
6.04 Time of Filing Claims
6.05 Continuing Performance
6.06 Arbitration
7. Abandonment of Contract
7.01 Abandonment by Contractor
7.02 Abandonment by Owner
8. Subcontractors
8.01 Award of Subcontracts for Portions of Work
8.02 Subcontractual Relations
8.03 Payments to Subcontractors
9. Separate Contracts
9.01 Owner's Right to Award Separate Contracts
9.02 Mutual Responsibility of Contractors
9.03 Cutting and Patching Under Separate contracts
10. Protection of Persons and Property
10.01 Safety Precautions and Programs
10.02 Safety of Persons and Property
10.03 Location and Protection of Utilities
gencand.mst/spec
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1. Definition of Terms
1.01 Owner, Contractor and Engineer
1.02 Contract Documents
1.03 Subcontractor
1.04 Sub - subcontractor
genconamtt/spec
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.
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.
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.
The term Sub - Subcontractor means one who has a direct or indirect contract with a sub-
contractor to perform any of the work at the site and includes one who furnishes material
worked to a special design according to the plans or specifications of this work, but does not
include one who merely furnishes material not so worked.
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1.05 Written Notice
1.06 Work
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Written notice shall be deemed to have been duly served if delivered in person to the
individual or to an officer of the corporation for whom it is intended, or if delivered at or sent
by registered mail to the last business address known to him who gives the notice.
The Contractor shall provide and pay for all materials, machinery, equipment, tools,
superintendence, labor, services, insurance, and all water, light, power, fuel, transportation
and other facilities necessary for the execution and completion of the work covered by the
contract documents. Unless otherwise specified, all materials shall be new and both
workmanship and materials shall be of a good quality. The Contractor shall, if required,
furnish satisfactory evidence as to the kind and quality of materials. Materials or work
described in words which so applied have a well known technical or trade meaning shall be
held to refer to such recognized standards.
1.07 Extra Work
The term "Extra Work" as used in this contract shall be understood to mean and include all
work that may be required by the Engineer or Owner to be done by the Contractor to
accomplish any change, alteration or addition to the work shown upon the plans, or
reasonably implied by the specifications, and not covered by the Contractor's Proposal,
except as provided under "Changes and Alteration," herein.
1.08 Working Day
A "Working Day" is defined as any day not including Saturdays, Sundays or any legal
holidays, in which weather or other conditions, not under the control of the Contractor, will
permit construction of the principal units of the work for a period of not less than seven (7)
hours between 7:00 a.m. and 6:00 p.m.
1.09 Calendar Day
"Calendar Day" is any day of the week or month, no days being excepted.
1.10 Substantially Completed
By the term "substantially completed" is meant that the structure has been made suitable for
use or occupancy or the facility is in condition to serve its intended purpose, but still may
require minor miscellaneous work and adjustment.
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2. Responsibilities of the Engineer and the Contractor
2.01 Owner- Engineer Relationship
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 judgement that the work has
progressed to the point indicated to the best of his knowledge, information and belief, but
such recommendation of an application for payment to Contractor shall not be deemed as a
representation by Engineer that Engineer has made any examination to determine how or for
what purpose Contractor has used the moneys paid on account of the Contract price.
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2.04 Initial Determinations
The Engineer initially shall determine all claims, disputes and other matters in question
between the Contractor and the Owner relating to the execution or progress of the work or
the interpretation of the Contract Documents and the Engineer's decision shall be rendered
in writing within a reasonable time, which shall not be construed to be less than ten (10)
days. Appeal to arbitration upon mutual agreement may be taken as if his decision had been
rendered against the party appealing.
2.05 Objections
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In the event the Engineer renders any decision which, in the opinion of either party hereto,
is not in accordance with the meaning and intent of this contract, either party may file with
the Engineer within thirty (30) days his written objection to the decision, and by such action
may reserve the right to submit the question so raised to arbitration as hereinafter provided.
2.06 Lines and Grades
Unless otherwise specified, all lines and grades shall be furnished by the Engineer or his
representative. Whenever necessary, construction work shall be suspended to permit
performance of this work, but such suspension will be as brief as practicable and the
Contractor shall be allowed no extra compensation therefor. The contractor shall give the
Engineer ample notice of the time and place where lines and grades will be needed. All
stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless
destruction or removal by him or his employees, such stakes, marks, etc., shall be replaced
at the Contractor's expense.
2.07 Contractor's Duty and Superintendence
The Contractor shall give adequate attention to the faithful prosecution and completion of
this contract and shall keep on the work, during its progress, a competent English - speaking
superintendent and any necessary assistants to supervise and direct the work. The
superintendent shall represent the Contractor in his absence and all directions given to him
shall be as binding as if given to the Contractor.
The Contractor is and at all times shall remain an independent contractor, solely responsible
for the manner and method of completing his work under this contract, with full power and
authority to select the means, method and manner of performing such work, so long as such
methods do not adversely affect the completed improvements, the Owner and Engineer being
interested only in the result obtained and conformity of such completed improvements to the
plans, specifications and contract.
Likewise, the Contractor shall be solely responsible for the safety of himself, his employees
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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
conceming 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 excavation, test procedures, borings,
explorations or other subsurface excavations. No verbal agreement or conversation with any
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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 he needed. The
Engineer's review of such drawings or schedules shall not relieve the Contractor from
responsibility for deviations from drawings or specifications, unless he has in writing called
the Engineer's attention to such deviations at the time of submission, nor shall it relieve him
from responsibility for errors of any sort in shop drawings or schedules. It shall be the
Contractor's responsibility to fully and completely review all shop drawings to ascertain their
effect on his ability to perform the required contract work in accordance with the plans and
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specifications and within the contract time.
Such review by the Engineer shall be for the sole purpose of determining the general
conformity of said shop drawings or schedules to result in finished improvements in
conformity with the plans and specifications, and shall not relieve the Contractor of his duty
as an independent contractor as previously set forth, it being expressly understood and agreed
that the Engineer does not assume any duty to pass upon the propriety or adequacy of such
drawings or schedules, or any means or methods reflected thereby, in relation to the safety
of either person or property during Contractors performance hereunder.
2.13 Preliminary Approval
The Engineer shall not have the power to waive the obligations of this contract for the
furnishing by the Contractor of good material, and of his performing good work as herein
described, and in full accordance with the plans and specifications. No failure or omission
of the Engineer to discover, object to or condemn any defective work or material shall
release the Contractor from the obligations to fully and properly perform the contract,
including without limitations, the obligation to at once tear out, remove and properly replace
the same at any time prior to final acceptance upon the discovery of said defective work or
material; provided, however, that the Engineer shall, upon request of the Contractor, inspect
and accept or reject any material furnished, and in event the material has been once accepted
by the Engineer, such acceptance shall be binding on the Owner, unless it can be clearly
shown that such material furnished does not meet the specifications for this work.
Any questioned work may be ordered taken up or removed for re- examination, by the
Engineer, prior to final acceptance, and if found not in accordance with the plans and/or
specifications for said work, all expense of removing, re- examination and replacement shall
be borne by the Contractor, otherwise the expense thus incurred shall be allowed as Extra
Work, and shall be paid for by the Owner; provided that, where inspection or approval is
specifically required by the specifications prior to performance of certain work, should the
Contractor proceed with such work without requesting prior inspection or approval he shall
bear all expense of taking up, removing, and replacing this work if so directed by the
Engineer.
2.14 Defects and Their Remedies
It is further agreed that if the work or any part thereof, or any material brought on the site of
the work for use in the work or selected for the same, shall be deemed by the Engineer as
unsuitable or not in conformity with the plans, specifications, or the intent thereof, the
Contractor shall after receipt of written notice thereof from the Engineer,
forthwith remove such material and rebuild or otherwise remedy such work so that it shall
be in full accordance with this contract.
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2.15 Changes and Alterations
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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.
Such inspector may confer with the Contractor or Contractor's superintendent concerning the
prosecution of the work and its conformity with the plans and specifications but shall never
be, in whole or part, responsible for, charged with, nor shall he assume, any authority or
responsibility for the means, methods or manner of completing the work or of the
superintendence of the work or of the Contractor's employees. It is expressly understood and
agreed that any such inspector is not authorized by the Engineer or Owner to independently
act for either or answer on behalf of either, any inquiries of the Contractor concerning the
plans, specifications or work. No inspector's opinion; advice; interpretation of the plans or
specifications of this contract; apparent or express approval of the means, methods or manner
of Contractor's performance of work in progress or completed; or discovery or failure 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
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or Engineer from requiring that all work be fully and properly performed including, if
necessary, removal of defective or otherwise unacceptable work and the re -doing of such
work.
3. General Obligations and Responsibilities
3.01 Keeping of Plans and Specifications Accessible
The Engineer shall furnish the Contractor with an adequate and reasonable number of copies
of all plans and specifications without expense to him and the Contractor shall keep one (1)
copy of the same constantly accessible on the work, with the latest revisions noted thereon.
3.02 Ownership of Drawings
genwnd.msuspec
All drawings, specifications and copies thereof furnished by the Engineer shall not be reused
on other work, and, with the exception of the signed contract sets, are to be returned to him
on request, at the completion of the work. All models are the property of the Owner.
3.03 Adequacy of Design
It is understood that the Owner believes it has employed competent engineers and designers.
It is therefore agreed that the Owner shall be responsible for the adequacy of the design,
sufficiency of the Contract Documents, the safety of the structure and the practicability of
the operations of the completed project; provided the Contractor has complied with the
requirements of the said Contract Documents, all approved modifications thereof, and
additions and alterations thereto approved in writing by the Owner. The burden of proof of
such compliance shall be upon the Contractor to show that he has complied with the said
requirements of the Contract Documents, approved modification thereof and all approved
additions and alterations thereto.
3.04 Right of Entry
The Owner reserves the right to enter the property or location of which the works herein
contracted for are to be constructed or installed, by such agent or agents as he may elect, for
the purpose of inspecting the work, or for the purpose of constructing or installing such
collateral work as said Owner may desire.
3.05 Collateral Contracts
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The Owner agrees to provide by separate contract or otherwise, all labor and material
essential to the completion of the work specifically excluded from this contract, in such
manner as not to delay the progress of the work, or damage said Contractor, except where
such delays are specifically mentioned elsewhere in the Contract Documents. The Owner
will attempt to coordinate the collateral work of utility companies regulated by City
franchises, but the City shall not be responsible for delays or other damages to the Contractor
which may result from their acts or omissions.
3.06 Discrepancies and Omissions
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The Contractor shall provide written notice to the Engineer of any omissions or discrepancies
found in the contract. It is further agreed that it is the intent of this contract that all work
must be done and all material must be furnished in accordance with the generally accepted
practice for construction, and in the event of any discrepancies between the separate contract
documents, the priority of interpretation defined under "Contract Documents" shall govern.
In the event that there is still any doubt as to the meaning and intent of any portion of the
contract, specifications or drawings, the Engineer shall define which is intended to apply to
the work.
3.07 Equipment, Materials and Construction Plant
The Contractor shall be responsible for the care, preservation, conservation, and protection
of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all
means of construction, and any and all parts of the work, whether the Contractor has been
paid, partially paid, or not paid for such work, until the entire work is completed and
accepted.
3.08 Damages
In the event the Contractor is damaged in the course of completion of the work by the act,
neglect, omission, mistake or default of the Owner or Engineer, thereby causing loss to the
Contractor, the Owner agrees that he will reimburse the Contractor for such loss. In the
event the Owner is damaged in the course of the work by the act, negligence, omission,
mistake or default of the Contractor, or should the Contractor unreasonably delay the
progress of the work being done by others on the job so as to cause loss for which the Owner
becomes liable, then the Contractor shall reimburse the Owner for such loss.
3.09 Protection Against Accident to Employees and the Public
The Contractor shall at all times exercise reasonable precautions for the safety of employees
and others on or near the work and shall comply with all applicable provisions 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
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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 he 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 $25,000.00 or
less no payment or performance bond shall be required. It is agreed that the Contract shall
not be in effect until such performance and payment bond are furnished and approved by the
Owner.
Unless otherwise specified, the cost of the premium for the performance and payment bonds
shall be included in the price bid by the Contractor for the work under this Contract, and no
extra payment for such bonds will be made by the Owner.
Unless otherwise approved in writing by the Owner, the surety company underwriting the
bonds shall be licensed to write such bonds in the State of Texas
3.11 Losses from Natural Causes
Unless otherwise specified, all loss or damage to the Contractor arising out of the nature of
the work to be done, or from the action of the elements, or from any unforeseen circumstance
in the prosecution of the same, or from unusual obstructions or difficulties which may be
encountered in the prosecution of the work. shall be sustained and borne by the Contractor
at his own cost and expense.
3.12 Protection of Adjoining Property
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3.13 Protection Against Claims of Subcontractors, Laborers, Materialmen and Furnishers
of Machinery, Equipment and Supplies
3.14 Protection Against Royalties or Patented Invention
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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.
The Contractor agrees that he will indemnify and save the Owner and Engineer harmless
from all claims growing out the lawful demands of Subcontractors, laborers, workers,
mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power
tools, and all supplies, including commissary, incurred in the furtherance of the performance
of this contract. When so desired by the Owner, Contractor shall furnish satisfactory
evidence that all obligations of the nature hereinabove designated have been paid, discharged
or waived. If the Contractor fails to do so, then the Owner may at the option of the
Contractor either pay directly any unpaid bills, of which the Owner has written notice, or
withhold from the Contractor's unpaid compensation a sum of money deemed reasonably
sufficient to liquidate any and all such lawful claims until satisfactory evidence is furnished
that all liabilities have been fully discharged, whereupon payments to the Contractor shall
be resumed in full, in accordance with the terms of this contract, but in no event shall the
provisions of this sentence be construed to impose any obligation upon the Owner by either
the Contractor or his Surety.
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.
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3.15 Laws and Ordinances
The Contractor shall at all times observe and comply with all Federal, State and Local laws,
ordinance and regulations, which in any manner affect the contract or the work, and shall
indemnify and save harmless the Owner and Engineer against any claim arising from the
violation of any such laws, ordinances, and regulations whether by the Contractor or his
employees, except where such violations are called for by the provisions of the Contract
Documents. If the Contractor observes that the plans and specifications are at variance
therewith, he shall promptly notify the Engineer in writing, and any necessary changes shall
be prepared as provided in the contract for changes in the work. If the Contractor performs
any work 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.
3.16 Assignment 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, judgements and costs, including reasonable attomeys' 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, di.ease 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,
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3.18 Insurance
The Contractor shall carry insurance as follows for the duration of this contract.
A. Statutory Workmen's Compensation.
Definitions:
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2. Is caused in whole or in part by any intentional or negligent act or omission of the
Contractor, any Subcontractor, any Sub - subcontractor or anyone directly or indirectly
employed by any one of them or anyone for whose acts any of them may be liable,
regardless of whether or not it is caused in part by a party indemnified hereunder.
The obligation of the Contractor under this Paragraph shall not extend to the liability of the
Engineer, his agents or employees arising out of the preparation of maps, plans, reports,
surveys, Change Orders, designs or specifications, or the approval of maps, plans, reports,
surveys, Change Orders, designs or specifications or the issuance of or the failure to give
directions or instructions by the Engineer, his agents or employees, provided such is the sole
cause of the injury or damage.
In any and all claims against the Owner or the Engineer or any of their agents or employees
by any employee of the Contractor, any Subcontractor, any Sub - Subcontractor, anyone
directly or indirectly employed by any of them or anyone for whose acts any of them may
be liable, the indemnification obligation under Paragraph 3.17 shall not be limited in any
way by any limitation on the amount or type of damages, compensation or benefits payable
by or for the Contractor or any Subcontractor or Sub - Subcontractor under workmen's
compensation acts, disability benefit acts or other employee benefit acts.
Certificate of coverages "certificate ") - A copy of a certificate of insurance,
a certificate of authority to self - insure issued by the Texas Workers'
Compensation Commission, or a coverage agreement (TWCC -81, TWCC -82,
TWCC -83, or TWCC -84), showing statutory workers' compensation
insurance coverage for the person's or entity's employees providing services
on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on
the project until the contractor's/person's work on the project has been
completed and accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in § 406.096 -
includes all persons or entities performing all or part of the services the
Contractor has undertaken to perform on the project, regardless of whether
that person contracted directly with the Contractor and regardless of whether
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that person has employees. This includes, without limitation, independent
contractors, subcontractors, leasing companies, motor carriers, owner -
operators, employees of any such entity, or employees of any entity which
furnishes persons to provide services on the project. "Services" include,
without limitation, providing, hauling, or delivering equipment or materials,
or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as
food/beverage vendors, office supply deliveries, and delivery of portable
toilets.
The Contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, that meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees
of the Contractor providing services on the project, for the duration of the project.
This coverage shall include the following terms:
(a) Employer's Liability limits of $100,000.00 for each accident is
required.
(b) "Texas Waiver of Our Right to Recover From Others" Endorsement
WC 42 03 04 shall be included in this policy.
(c) Texas must appear in Item 3A of the Worker's Compensation
coverage or Item 3C must contain the following: Ass States except those
listed in 3A and the States of NV, ND, OH, WA, WV, and WY.
The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract.
If the coverage period shown on the Contractor's current certificate of coverage ends
during the duration of the project, the Contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended.
The Contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity will have on file certificates of coverage
showing coverage for all persons providing services on the project; and
(b) no later than seven calendar days after receipt by the Contractor, a
new certificate of coverage showing extension of coverage, if the coverage
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period shown on the current certificate of coverage ends during the duration
of the project.
The Contractor shall retain all required cert ificates of coverage for the duration of the
project and for one year thereafter.
The Contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 calendar days after the Contractor knew or should have
known, or any change that materially affects the provision of coverage of any person
providing services on the project.
The Contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating
how a person may verify coverage and report lack of coverage.
The Contractor shall contractually require each person with whom it contracts to
provide services on project, to:
(a) provide coverage, based on proper reporting of classification codes
and payroll amounts of filing of any coverage agreements, that meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all of
its employees providing services on the project, for the duration of the
project;
(b) provide to the Contractor, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being provided for
all employees of the person providing services on the project, for the duration
of the project;
(c) provide the Contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project;
(d) obtain from each other person with whom it contracts, and provide to
the Contractor:
(1) a certificate of coverage, prior to the other person beginning
work on the project; and
(2) a new certificate of coverage showing extension of cove: age,
prior to the end of the coverage period, if the coverage period shown
on the current certificate of coverage ends during the duration of the
project;
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(e) retain all required certificates of coverage on file for the duration of
the project and for one year thereafter;
(f) notify the governmental entity in writing by certified mail or personal
delivery, within 10 calendar days after the person knew or should have
known, of any change that materially affects the provision of coverage of any
person providing services on the project; and
(g) contractually require each person with whom it contracts, to perform
as required by paragraphs (a) - (g), with the certificates of coverage to be
provided to the person for whom they are providing services.
By signing this contract, or providing, or causing to be provided a certificate of
coverage, the Contractor is representing to the governmental entity that all employees
of the Contractor who will provide services on the project will be covered by
workers' compensation coverage for the duration of the project, that the coverage will
be based on proper reporting of classification codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate insurance carrier or, in the
case of a self - insured, with the Commission's Division of Self- Insurance Regulation.
Providing false or misleading information may subject the Contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
The Contractor's failure to comply with any of these provisions is a breach of
contract by the contractor that entitles the govemmental entity to declare the contract
void if the Contractor does not remedy the breach within ten calendar days after the
receipt of notice of breach from the governmental entity.
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
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all required insurance and until such insurance has been approved by the Owner and
Engineer. The Contractor shall not allow any Subcontractors to commence work until all
insurance required has been obtained and approved. Approval of the insurance by the Owner
and Engineer shall not relieve or decrease the liability of the contractor hereunder.
The required insurance must be written by a company licensed to do business in Texas at the
time the policy is issued. In addition, the company must be acceptable to the Owner and all
insurance (other than Workmen's compensation) shall be endorsed to include the Owner as
an additional insured thereunder.
The Contractor shall not cause any insurance to be cancelled nor permit any insurance to
lapse. All insurance certificates shall include a clause to the effect that the policy shall not
be cancelled or reduced, restricted or limited until ten (10) days after the Owner has received
written notice as evidenced by return receipt of registered or certified letter. Certificates of
Insurance shall contain transcripts from the proper office of the insurer, evidencing in
particular those insured, the extent of the insurance, the location and the operations to which
the insurance applies, the expiration date, and the above mentioned notice of cancellation
clause.
3.19 Final Clean -up
Upon the completion of the work and before acceptance and final payment will be made, the
Contractor shall clean and remove from the site of the work, surplus and discarded materials,
temporary structures and debris of every kind. He shall leave the site of the work in a neat
and orderly condition at least equal to that which originally existed. Surplus and waste
materials removed from the site of the work shall be disposed of at locations satisfactory to
the Engineer.
In the event Contractor fails or refuses to clean and remove surplus materials and debris as
above provided, the Owner or Engineer may do so, or cause same to be done, at the
Contractor's expense and the reasonable cost thereof shall be deducted from the final
payment.
3.20 Guarantee Against Defective Work
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
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Thy contractor warrants the materials and workmanship and that the work is in
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notice of such defect from the Owner or Engineer by repairing same to the condition called for in
the contract documents and plans and specifications. Should the Contractor fail or refuse to repair
such defect within the said thirty day period or to provide acceptable assurances that such repair
work will be completed within a reasonable time thereafter, the Owner may repair or cause to be
repaired any such defect at the Contractor's expense.
3.21 Testing of Materials
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Unless otherwise specified, testing of all materials to be incorporated into the project will be
as directed by the Engineer at the expense of the Owner. All retesting for work rejected on
the basis of test results will be at the expense of the Contractor and the extent of the retesting
shall be determined by the Engineer. The Engineer may require additional testing for failing
tests and may require two passing retests before acceptance will be made by the Owner. The
testing laboratory will be designated by the Owner.
All materials to be incorporated into the project must meet the requirements of these
specifications. For manufactured materials such as reinforcing steel, expansion joint
materials, concrete pipe, cement, miscellaneous steel, cast iron materials, etc., the Contractor
will be required to furnish a manufacturer's certificate stating that the material meets the
requirements specified for this project.
3.22 Wage Rates
Contractors are required to pay the prevailing wage rates to laborers, workmen and
mechanics employed on behalf of the city engaged in the construction of public works.
The wage rate for these jobs shall be the general prevailing wage rates for work of a
similar character. This applies to contractors and subcontractors. The contractor and
subcontractors shall keep and make available records of workers and their wages.
Prevailing wage rates are published by the U. S. Department of Labor, Bureau of Labor
Statistics, Southwestern Division and the Texas Employment Commission for the Austin
Job Bank Area. The wage rate shall not be less than the minimum wage rates set by the
U. S. Department of Labor, Employment Standards Administration, Wage and Hour
Division. There is penalty of $10.00 per worker per day or portion of a day that the
prevailing wage rate is not paid by the contractor or any subcontractor.
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4. Prosecution and Progress
4.01 Time and Order of Completion
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It is the meaning and intent of this contract, unless otherwise herein specifically provided,
that the Contractor shall be allowed to prosecute his work at such times and seasons, in such
order of precedence, and in such manner as shall be most conducive to economy of
construction; provided, however, that the order and the time of prosecution shall be such that
the work shall be substantially completed as a whole and in part, in accordance with this
contract, the plans and specifications, and within the time of completion designated in the
Proposal: provided, also, that when the Owner is having other work done, either by contract
or by his own force, the Engineer may direct the time and manner of constructing the work
done under this contract, so that conflict will be avoided and the construction of the various
works being done for the Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Engineer,
schedules which shall show the order in which the Contractor proposes to carry on the Work,
with dates at which the Contractor will start the several parts of the work, and estimated
dates of completion of the several parts.
4.02 Extension of Time
Should the Contractor be delayed in the completion of the work by any act or neglect of the
Owner or Engineer, or of any employee of either, or by other contractors employed by the
Owner, or by changes ordered in the work, or by strikes, lockouts, fires, and unusual delays
by common carriers, or unavoidable cause or causes beyond the Contractor's control, or by
any cause which the Engineer shall decide justifies the delay, then an extension of time shall
be allowed for completing the work, sufficient to compensate for the delay, the amount of
the extension to be determined by the Engineer, provided, however, that the Contractor shall
give the Engineer prompt notice in writing of the cause of such delay. Adverse weather
conditions will not be justification for extension of time on "Calendar Days" contracts.
4.03 Hindrances and Delays
No claims shall be made by the Contractor for damages resulting from hindrances or delays
from any cause (except where the work is stopped by order of and for the convenience of the
Owner) during the progress of any portion of the work embraced in this contract. In case
said work shall be stopped by the act of the Owner, then such expense as in the judgment of
the Engineer is caused by such stoppage of said work shall be paid by the Owner to the
Contractor.
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5. Measurement and Payment
5.01 Quantities and Measurements
No extra or customary measurements of any kind will be allowed, but the actual measured
and/or computed length, area, solid contents, number and weight only shall be considered,
unless otherwise specifically provided.
5.02 Estimated Quantities
grncoodmsUap.
This agreement, including the specifications, plans and estimate, is intended to show clearly
all work to be done and material to be furnished hereunder. Where the estimated quantities
are shown for the various classes of work to be done and material to be furnished under this
contract, they are approximate and are to be used only as a basis for estimating the probable
cost of the work and for comparing the proposals offered for the work. It is understood and
agreed that the actual amount of work to be done and material to be furnished under this
contract may differ somewhat from these estimates, and that where the basis for payment
under this contract is the unit price method, payment shall be for the actual amount of such
work done and material furnished.
Where payment is based on the unit price method, the Contractor agrees that he will make
no claim for damages, anticipated profits or otherwise on account of any differences which
may be found between the quantities of work actually done, the material actually furnished
under this contract and the estimated quantities contemplated and contained in the proposal;
provided, however, that in case the actual quantity of any major item should become as much
as 20% more than, or 20% less than the estimated or contemplated quantity for such items,
then either party to this Agreement, upon demand, shall be entitled to revised consideration
upon the portion of the work above or below 20% of the estimated quantity.
A "Major Item" shall be construed to be any individual bid item incurred in the proposal that
has a total cost equal to or greater that five (5) percent of the total contract cost, computed
on the basis of the proposal quantities and the contract unit prices.
Any rev sed consideration is to be determined by agreement between the parties, otherwise
by the terms of this Agreement, as provided under "Extra Work ".
5.03 Price of Work
In consideration of the furnishing of all the necessary labor, equipment and material, and the
completion of all work by the Contractor, and on the completion of all work and on the
delivery of all material embraced in this Contract in full conformity with the specifications
and stipulations herein contained, the Owner agrees to pay the Contractor the prices set forth
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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.
5.04 Partial Payments
On or before the 1st day of each month, the Contractor shall submit to the Engineer a
statement showing the total value of the work performed up to and including the 25th day
of the preceding month. The statement shall also include the value of all sound materials
delivered on the job site and to be included in the work and all partially completed work
whether bid as a lump sum or a unit item which in the opinion of the Engineer is acceptable.
The Engineer shall examine and approve or modify and approve such statement.
The Owner shall then pay the Contractor on or before the 20th day of the current month the
total amount of the approved statement, less 10 percent of the amount thereof, which 10
percent shall be retained until final payment, and further less all previous payments and all
further sums that may by retained by the Owner under the terms of this Agreement. It is
understood, however, that in case the whole work be near to completion and some
unexpected and unusual delay occurs due to no fault or neglect on the part of the Contractor,
and Owner may - upon written recommendation of the Engineer - pay a reasonable and
equitable portion of the retained percentage to the Contractor; or the Contractor at the
Owner's option, may be relieved of the obligation to fully complete the work and, thereupon,
the Contractor shall receive payment of the balance due him under the contract subject only
to the conditions stated under "Final Payment ".
5.05 Use of Completed Portions
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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.
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5.06 Final Completion and Acceptance
gatcond.mst/spee
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 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 fmal payment, nor any provision in the
Contract Documents, shall relieve the Contractor of the obligation for fulfillment of any
warranty which may be required.
5.08 Payments Withheld
The Owner may, on account of subsequently discovered evidence, withhold or nullify the
whole or part of any certificate to such extent as may be necessary to protect himself from
loss on account of:
a) Defective work not remedied or other obligations hereunder not done.
b) Claims filed or reasonable evidence indicating probable filing of claims.
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.
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When the above grounds are removed or the Contractor provides a Surety Bond satisfactory
to the Owner, which will protect the Owner in the amount withheld, payment shall be made
for amounts withheld because of them.
5.09 Delayed Payments
Should the Owner fail to make payment to the Contractor of the sum named in any partial
or final statement, when payment is due, then the Owner shall pay to the Contractor, in
addition to the sum shown as due by such statement, interest thereon at the rate of 6% per
annum, unless otherwise specified, from date due as provided under 'partial payments' and
final 'payments,' until fully paid, which shall fully liquidate any injury to the Contractor
growing out of such delay in payment. It is expressly agreed that delay by the Owner in
making payment to the Contractor of the sum named in any partial or final statement shall
not constitute a breach of this contract on the part of the Owner nor an abandonment thereof
nor shall it to any extent or for any time relieve the Contractor of his obligations to fully and
completely perform hereunder.
6. Extra Work and Claims
6.01 Change Orders
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.
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6.03 Extra Work
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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.
It is agreed that the basis of compensation to the Contractor for work either added or deleted
by a Change Order or for which a claim for Extra Work is made shall be determined by the
unit prices upon which this contract was bid to the extent such work can be fairly classified
within the various work item descriptions and for work items that cannot be so classified by
one or more of the following methods:
Method (A)
By agreed unit prices; or
Method (B)
By agreed lump sum; or
Method (C)
If neither Method (A) nor Method (B) be agreed upon before the Extra Work
is commenced, then the Contractor shall be paid the "actual field cost" of the
work, plus fifteen (15) percent.
In the event said Extra Work be performed and paid for under Method (C), then the
provisions of this paragraph shall apply and the "actual field cost" is hereby defined to
include the cost to the Contractor of all workmen, such as foreman, timekeepers, mechanics
and laborers, and materials, supplies, trucks, rentals on machinery and equipment, for the
time actually employed or used on such Extra Work, plus actual equipment, for fae time
actually employed or used on such Extra Work, plus actual transportation charges necessarily
incurred, together with all power, fuel, lubricants, water and similar operating expenses, also
all necessary incidental expenses incurred directly on account of such Extra Work, including
Social Security, Old Age Benefits and other payroll taxes, and, a rateable proportion of
premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and
Property Damage and Workmen's Compensation, and all other insurance as may be required
by any law or ordinance, or directed by the Owner, or by them agreed to. The Engineer may
direct the form in which accounts of the "actual field cost" shall be kept and the records of
these accounts shall be made available to the Engineer. The Engineer or Owner may also
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specify in writing, before the work commences, the method of doing the work and the type
and kind of machinery and equipment to be used; otherwise these matters shall be
determined by the Contractor. Unless otherwise agreed upon, the prices for the use of
machinery and equipment shall be determined by using 100 per cent, unless otherwise
specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated
General Contractors of America. Where practicable the terms and prices for the use of
machinery and equipment shall be incorporated in the Written Extra Work Order. The
fifteen (15 %) percent of the "actual field cost" to be paid the Contractor shall cover and
compensate him for his profit, overhead, general superintendence and field office expense,
and all other elements of cost and expense not embraced within the "actual field cost" as
herein defined, save that where the Contractor's Camp or Field Office must be maintained
primarily on account of such Extra Work; then the cost to maintain and operate the same
shall be included in the "actual field cost."
No claim for Extra Work of any kind will be allowed unless ordered in writing by the
Engineer. In case any orders or instructions, either oral or written, appear to the Contractor
to involve Extra Work for which he should receive compensation or an adjustment in the
construction time, he shall make written request to the Engineer for written order authorizing
such Extra Work. Should a difference of opinion arise as to what does or does not constitute
Extra Work, or as to the payment therefor, and the Engineer insists upon its performance, the
Contractor shall proceed with the work after making written request for written order and
shall keep an accurate account of the "actual field cost" thereof, as provided under Method
(C). The Contractor will thereby preserve the right to submit the matter of payment to
arbitration, as hereinbelow provided.
6.04 Time of Filing Claims
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
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6.06 Arbitration
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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.
All questions of dispute under this Agreement shall be submitted to arbitration at the request
of either party to the dispute. The parties may agree upon one arbiter, otherwise, there shall
be three, one named in writing by each party, and the third chosen by the two arbiters so
selected; or if the arbiters fail to select a third within ten (10) days, he shall be chosen by a
District Judge serving the County in which the major portion of the project is located, unless
otherwise specified. Should the party demanding arbitration fail to name an arbiter within
ten (10) days of the demand, his right to arbitrate shall lapse, and the decision of the
Engineer shall be final and binding on him. Should the other party fail to choose an arbiter
within ten (10) days, the Engineer shall appoint such arbiter. Should either party refuse or
neglect to supply the arbiters with any papers or information demanded in writing, the
arbiters are empowered by both parties to take ex parte proceedings.
The arbiters shall act with promptness. The decision of any two shall be binding on both
parties to the contract. The decision of the arbiters upon any questions submitted to
arbitration under this contract shall be a condition precedent to any right of legal action. The
decision of the arbiter or arbiters may be filed in court to carry it into effect.
The arbiters, if they deem the case demands it, are authorized to award the party whose
contention is sustained, such sums as they deem proper for the time, expense and trouble
incident to the appeal, and if the appeal was taken without reasonable cause, they may award
damages for any delay occasioned thereby. The arbiters shall fix their own compensation
unless otherwise provided by agreement, and shall assess the cost and charges of the
arbitration upon either or both parties. The award of the arbiters must be made in writing.
7. Abandonment of Contract
7.01 Abandonment by Contractor
In case the Contractor should abandon and fail or refuse to resume work within ten (10) days
after written notification from the Owner, or the Engineer, or if the Contractor fails to
comply with the orders of the Engineer, when such orders are consistent with the Contract
Documents, then, and in that case, where performance 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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gc,cnod.msvepec
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 contract accounts,
certified to by the Engineer as being correct, shall then be prepared and delivered to the
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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
grncondmaNspcc
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 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
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thirty (30) days after the date of the notification by the Contractor the balance shown by said
final statement as due the Contractor, under the terms of this Agreement.
8. Subcontractors
8.01 Award of Subcontracts for Portions of the Work
Unless otherwise specified in the Contract Documents or in the Instructions to Bidders, the
Contractor, as soon as practicable after the award of the Contract, shall furnish to the
Engineer in writing for acceptance by the Owner and the Engineer a list of the names of the
Subcontractors proposed for the principal portions of the work. The Engineer shall promptly
notify the Contractor in writing if either the Owner or the Engineer, after due investigation,
has reasonable objection to any Subcontractor on such list and does not accept him. Failure
of the Owner or Engineer to make objection promptly to any Subcontractor on the list shall
constitute acceptance of such Subcontractor.
The Contractor shall not contract with any Subcontractor or any person or organization
(including those who are to furnish materials or equipment fabricated to a special design)
proposed for portions of the work designated in the Contract Documents or in the
Instructions to Bidders or, if none is so designated, with any Subcontractor proposed for the
principal portions of the work who has been rejected by the Owner and the Engineer. The
Contractor will not be required to contract with any Subcontractor or person or organization
against whom he has a reasonable objection.
If the Owner or Engineer refuses to accept any Subcontractor or person or organization on
a list submitted by the Contractor in response to the requirements of the Contract Documents
or the Instructions to Bidders, the Contractor shall submit an acceptable substitute and the
Contract amount shall be increased or decreased by the difference in cost occasioned by such
substitution and an appropriate change order shall be issued; however, no increase in the
Contract amount shall be allowed for any such substitution unless the Contractor has acted
promptly and responsively in submitting for acceptance any list or lists of names as required
by the Contract Documents or the Instructions to Bidders.
If the Owner or the Engineer requires a change of any proposed Subcontractor or person or
organization previously accepted by them, the Contract amount shall be increased or
decreased by the difference in cost occasioned by such change and an appropriate Change
Order shall be issued.
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.
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8.02 Subcontractual Relations
All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate
written agreement between the Contractor and the Subcontractor (and where appropriate
between Subcontractors and Sub - subcontractors) which shall contain provisions that:
(1) preserve and protect the rights of the Owner and Engineer under the Contract
with respect to the work to be performed under the subcontract so that the
subcontracting thereof will not prejudice such rights;
(2) require that such work be performed in accordance with the requirements of
the Contract Documents;
(3) require submission to the Contractor of the applications for payment under
each subcontract to which the Contractor is a party, in reasonable time to
enable the Contractor to apply for payment in accordance with this contract;
(4) require that all claims for additional costs, extensions of time, damages for
delays or otherwise with respect to subcontracted portions of the work shall
be submitted to the Contractor (via any Subcontractor or Sub - subcontractor
where appropriate) in sufficient time so that the Contractor may comply in
the manner provided in the Contract Documents for like claims by the
Contractor upon the Owner;
(5) obligate each subcontractor specifically to consent to the provisions of this
section.
A copy of all such Subcontract Agreements shall be filed by the Contractor with the
Engineer before the Subcontractor shall be allowed to commence work.
8.03 Payments to Subcontractors
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The Contractor shall pay each Subcontractor, upon receipt of payment from the Owner, an
amount directly based upon the value of the work performed and allowed to the Contractor
on account of such Subcontractor's work, less the percentage retained from payments to the
Contractor. The Contractor shall also require each Subcontractor to make similar payments
to his subcontractors.
If the Engineer fails to approve a payment for any cause which is the fault of the Contractor
and not the fault of a particular Subcontractor, the Contractor shall pay the Subcontractor on
demand, made at any time after the Certificate for Payment should otherwise have been
issued, for his work to the extent completed, less the retained 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.
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Neither the Owner nor the Engineer shall have any obligation to pay or to see to the payment
of any moneys to such Subcontractor except as may otherwise be required.
9. Separate Contracts
9.01 Owner's Right to Award Separate Contracts
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The Owner reserves the right to award other contracts in connection with other portions of
the project under these or similar conditions of the Contract.
When separate contracts are awarded for different portions of the Project, "The Contractor"
in the contract documents in each case shall be the contractor who signs each separate
contract.
9.02 Mutual Responsibility of Contractors
The Contractor shall afford other contractors reasonable opportunity for the introduction and
storage of their materials and equipment and the execution of their work, and shall properly
connect and coordinate his work with theirs.
If any part of the Contractor's work depends for proper execution or results upon the work
of any other separate contractor, the Contractor shall inspect and promptly report to the
Engineer any apparent discrepancies or defects in such work that render it unsuitable for such
proper execution and results. Failure of the Contractor to so inspect and report shall
constitute an acceptance of the other contractor's work as fit and proper to receive his Work,
except as to defects which may develop in the other separate contractor's work after the
execution of the Contractor's Work.
Should the Contractor cause damage to the work or property of any separate contractor on
the project, the Contractor shall, upon due notice, settle with such other contractor by
agreement or arbitration, if he will so settle. If such separate contractor sues the Owner or
initiates an arbitration proceeding on account of any damage alleged to have been so
sustained, the Owner shall notify the Contractor who shall defend such proceedings at the
Contractor's expense, and if any judgment or award against the Owner arises therefrom the
Contractor shall pay or satisfy it and shall reimburse the Owner for all attomey's fees and
court or arbitration costs which the Owner has incurred.
9.03 Cutting and Patching under Separate Contracts
The Contractor shall be responsible for any cutting, fitting and patching that may be required
to complete his work except as otherwise specifically provided in the Contract Documents.
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The Contractor shall not endanger any work of any other contractors by cutting, excavating
or otherwise altering any work and shall not cut or alter the work of any other contractor
except with the written consent of the Engineer.
Any costs caused by defective or ill -timed work shall be borne by the party responsible
therefor.
10. Protection of Persons and Property
10.01 Safety Precautions and Programs
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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)
(
( 3)
all employees on the work and all other persons who may be affected
thereby:
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
other property at the site or adjacent thereto, including trees, shrubs, lawns,
walks, pavements, fences, roadways, structures and utilities not designated
for removal, relocation or replacement in the course of construction.
The Contractor shall comply with all applicable laws, ordinances, rules, regulations and
lawful orders of any public authority having jurisdiction for the safety of persons or property
or to protect them from damage, injury or loss. He shall erect and maintain, as required by
existing conditions and progress of the work, all reasonable safeguards for safety and
protection, including posting danger signs and other warnings against hazards, promulgating
safety regulations and notifying owners and users of adjacent utilities.
When the use or storage of explosives or other hazardous materials or equipment is necessary
for the execution of the work, the Contractor shall exercise the utmost care and shall carry
on such activities under the supervision of properly qualified personnel.
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
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Limits unless the applicable Ordinance is in conflict with the law of the jurisdiction where
the action is being taken.
The following is a list of requirements in addition to Federal, State, and Local Laws and
Ordinances.
1. The Contractor shall furnish the City of Round Rock with a Certificate of
Blasting Insurance in the amount of $300,000.00 for each contract, at least
twenty-four hours prior to using explosives. A blasting permit must be
obtained from the City at least five (5) days prior to use of explosives. If
Blasting is covered under the Contractors General Insurance Certificate for
each contract, a separate blasting certificate will not be required.
2. The following public utility companies and City Department will be notified
by the Contractor, on every occasion, at least twenty-four (24) hours prior to
the use of explosives: Water and Wastewater, Electric, Gas, Telephone and
the City Engineering Department.
3. Explosive materials to be used shall be limited to blasting agents and
dynamite, unless prior approval of other materials is obtained in writing from
the Engineering Department.
4. During blasting, all reasonable precautions shall be taken to protect
pedestrians, passing vehicles, and public or private property. Blasting mats
or protective cover shall be used when required by the City Inspector, the
permit, or by safe blasting practices.
5. All explosives shall be stored in accordance with Chapter 5, Section 5.200,
of the City Code.
6. The Director of Engineering or his representative shall have the right to limit
the use of explosives and/or blasting methods which in his opinion are
dangerous to the public or nearby property of any kind.
7. The Contractor, at his expense, shall promptly repair or replace all items
known to be damaged as a result of blasting. All claims of damage shall he
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.
GC -37
All damage or Loss to any property referred to in this article caused in whole or in part by the
Contractor, any Subcontractor, any Sub - subcontractor, or anyone directly or indirectly
employed by any of them, or by anyone for whose acts any of them may be liable, shall be
remedied by the Contractor, except damage or Loss attributable solely to faulty Drawings or
Specifications or solely to the acts or omissions of the Owner or Engineer or anyone
employed by either of them, and not attributable in any degree to the fault or negligence of
the Contractor.
The contractor shall designate a responsible member of his organization at the site whose
duty shall be the prevention of accidents. This person shall be the Contractor's
superintendent unless otherwise designated in writing by the Contractor to the Owner and
the Engineer.
10.03 Location and Protection of Utilities
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Notwithstanding any other provision of this contract, the Contractor shall be solely
responsible for the location and protection of any and all public utility lines and utility
customer service lines in the work area. The Contractor shall exercise due care to locate and
to mark, uncover or otherwise protect all such lines in the construction zone and any of the
Contractor's work or storage areas. Upon request, the Owner shall provide such information
as it has about the location and grade of water, sewer, gas, and telephone and electric lines
and other utilities in the work area but such information shall not relieve or be deemed to be
in satisfaction of the Contractor's obligation hereunder, which shall be primary and
nondelegable. Any such lines damaged by the Contractor's operations shall be immediately
repaired by the Contractor or he shall cause such damage to be repaired at his expense.
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5.0 SPECIAL CONDITIONS
SECTION 01- INFORMATION
01 -01 ENGINEER
The word "Engineer" in these Specifications shall be understood as referring
to the City of Round Rock, 221 East Main Street, Round Rock, Texas 78664,
Engineer of the Owner, or the Engineer's authorized representative to act in
any particular position for the Owner.
01 -02 COPIES OF PLANS AND SPECIFICATIONS FURNISHED
The Agreement will be prepared in not less than five (5) counterpart (original
signed) sets. Owner will furnish Contractor two (2) sets of conforming
Contract Documents and Specifications and four (4) sets of Plans free of
charge, and additional sets will be obtained from the Engineer at commercial
reproduction rates plus 20% for handling.
01 -03 GOVERNING CODES
All construction as provided for under these Plans and Specifications shall be
governed by any existing Resolutions, Codes and Ordinances, and any
subsequent amendments or revisions thereto as set forth by the Owner.
01 -04 LIOUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME
The Contractor agrees that time is of the essence for this Contract and that the
definite value of damages which would result from delay would be incapable
of ascertainment and uncertain, so that for each day of delay beyond the
number days of herein agreed upon for the completion of the work herein
specified and contracted for, after due allowance for such extension of time
as is provided for under the provisions of Section 4.02 of the General
Conditions, the Owner may withhold permanently from the Contractor's total
compensation, not as penalty but as liquidated damages, the sum of $100.00
per calendar day.
01 -05 LOCATION
specond.mst/specs
The location of work shall be as mentioned in the Notice to Bidders and as
indicated on Plans.
SC -2
01 -06 USAGE OF WATER
All water used during construction shall be provided by the City. The City
shall specify the location from which the Contractor is to procure water. The
Contractor shall be responsible for providing all apparatus necessary for
procuring, storing, transporting and using water during construction. The
Contractor shall strive to use that amount of water which is reasonable to
perform the work associated with this contract and shall endeavor to avoid
excessive waste. The Contractor will be required to pay for all water used if
it is found that unnecessary or excessive waste is occurring during
construction.
01 -07 PAY ESTIMATES
specooa.m5uspec,
If pay estimates from the Contractor are not received by the Engineer on or
before the time specified in Section 5.04 of the General Conditions, then the
pay estimate will not be processed and will be returned to Contractor.
SECTION 02- SPECIAL CONSIDERATIONS
02 -01 CROSSING UTILITIES
Prior to commencing the work associated with this contract, it shall be the
Contractor's responsibility to make arrangements with the Owners of such
utility companies to uncover their particular utility lines or otherwise confirm
their location. Certain utility companies perform such services at their own
expense, however, where such is not the case, the Contractor will cause such
work to be done at his own expense.
02 -02 UTILITY SERVICES FOR CONSTRUCTION
The Contractor will be responsible for providing his own utility services while
performing the work associated with this contract. No additional payment will
be made for this item.
02 -03 GUARANTEES
SC -3
02 -04 MINIMUM WAGE SCALE
02 -05 LIMIT OF FINANCIAL RESOURCES
The Owner has a limited amount of financial resources committed to this
Project; therefore, it shall be understood by all bidders that the Owner may be
required to change and/or delete any items which he may feel is necessary to
accomplish all or part of the scope of work within its limit of financial
resources. Contractor shall be entitled to no claim for damages anticipated
profits on any portion of work that may be omitted. At any time during the
duration of this contract, the Owner reserves the right to omit any work from
this contract. Unit prices for all items previously approved in this contract
shall be used to delete or add work per change order.
02 -06 CONSTRUCTION REVIEW
Ana
The Contractor warrants the materials and workmanship and that the work is
in conformance with the plans and specifications included in this contract for
the period that the Maintenance Bond, as outlined in Section 04 of the Special
Conditions, is in effect. Upon notice from Owner, the Contractor shall repair
defects in all construction or materials which develop during specified period
and at no cost to Owner. Neither final acceptance, Certificate of Completion,
final payment nor any provision in Contract Documents relieves Contractor
of above guarantee. Notice of observed defects will be given with reasonable
promptness. Failure to repair or replace defect upon notice entitles Owner to
repair or replace same and recover reasonable cost thereof from Contractor.
Contractors are required to pay prevailing wage rates to laborers, worlanen 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 Contractors and Subcontractors shall keep and make
available records of workers and their wages. Contractors and
Subcontractors shall pay the prevailing wage rates as adopted by the Owner.
There is a statutory penalty of $60.00 per worker per day or portion of a day
that the prevailing wage rate is not paid by the Contractor or any
Subcontractor.
The Owner shall provide a project representative to review the quality of
SC -4
specond.msNspccs
materials and workmanship.
02 -07 LIMITS OF WORK AND PAYMENT
It shall be the obligation of the Contractor to complete all work included in this
Contract, so authorized by the Owner, as described in the contract documents
and technical specifications. All items of work not specifically paid for in the
bid proposal shall be included in the unit price bids. Any question arising as
to the Limits of work shall be left up to the interpretation of the Engineer.
02 -08 PAYMENT FOR MATERIALS ON HAND
Owner will not pay for materials on hand. Payment will be made for work
completed in accordance with monthly estimate procedure stipulated in the
General Conditions of the Agreement.
02 -09 "AS- BUILT" DRAWINGS
The Contractor shall mark all changes and revisions on all of his copies of the
working drawings during the course of the Project as they occur. Upon
completion of the Project and prior to final acceptance and payment, the
Contractor shall submit to the Engineer one set of his working drawings, dated
and signed by himself and his project superintendent and labeled as "As-
Built", that shows all changes and revisions outlined above and that shows
field Locations of all above ground appurtenances including but not limited to
valves, fire hydrants and manholes. These as -built drawings shall become the
property of the Owner. Each appurtenance shall be located by at least two (2)
horizontal distances measured from existing, easily identifiable, immovable
appurtenances such as fire hydrants or valves. Property pins can be used for
as- builts tie -ins provided no existing utilities as previously described are
available. Costs for delivering as -built drawings shall be subsidiary to other
bid items.
02 -10 LAND FOR WORK
Owner provides, as indicated on Drawings, land upon which work is to done,
right -of -way for access to same and such other lands which are designated for
SC -5
specondmslispecs
use of Contractor. Contractor provides, at his expense and without liability of
Owner, any additional land and access thereto that may be required for his
construction operations, temporary construction facilities, or for storage of
materials.
02 -11 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES
Whenever existing utilities, not indicated on Plans, present obstructions to
grade and alignment of proposed improvements immediately notify engineer,
who without delay, will determine if existing utilities are to be relocated, or
grade and alignment of proposed improvements changed. Where necessary to
move existing services,poles, guy wires, pipelines, etc., as determined by the
Engineer, the Contractor will make arrangements with the owner of the utility
to be moved and have it moved. The costs of any utility relocations will be at
the Contractor's sole expense. Owner will not be liable for relocations costs
or damages on account of delays due to changes made by owners of privately
owned utilities which hinder progress of the work.
02 -12 CONSTRUCTION STAKING
All construction staking required to complete the work associated with this
contract shall be provided by the Contractor. The Contractor shall be
responsible for determining the layout and extent of staking necessary to
construct the improvements to the lines and grades shown in the Plans. This
item shall not be paid for separately and shall be considered subsidiary to other
bid items.
SECTION 03- TRAFFIC CONTROL
Access shall be provided for residents and emergency vehicles at all times.
When it becomes necessary to restrict access, the Contractor shall notify all
applicable agencies (ie. Fire Department, E.M.S., Public Works, etc.). At the
end of each day two lanes of traffic shall be opened to the public. The
Contractor shall be responsible for all maintenance, signing and safety
precautions necessary for traffic control. This item shall be considered
subsidiary to other bid items and no additional compensation shall be given for
complying with this Special Condition.
SC -6
SECTION 04- MAINTENANCE BOND
Per City of Round Rock Ordinances, a two (2) year Maintenance Bond naming
the City of Round Rock as obligee will be required for public streets
constructed without lime stabilization of subgrade material when the Plasticity
Index of the subgrade is above 24. Maintenance Bond shall remain in effect
for two (2) years from date of City of Round Rock acceptance of
improvements. Such bonds shall be from an approved surety company holding
a permit from the State of Texas to act as surety or other surety or sureties
acceptable to the Owner prior to final payment.
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.
SECTION 5 INSURANCE
specond.msuspecs
Section 3.18 of the General Conditions of the Agreement is hereby amended
to include the following:
3.18 Insurance
Contractor shall carry insurance in the following types and amounts for the
duration of this Contract, which shall include items owned by Owner in care,
custody and control of Contractor prior and during construction and warranty
period, and furnish Certificates of Insurance along with copies of policy
declaration pages and all policy endorsements as evidence thereof:
a. Statutory Worker's Compensation and minimum $100,000 Employers
Liability Insurance.
b. Commercial General Liability Insurance with minimum limits of
$500,000 per occurrence and $1,000,000 Aggregate or $500,000 for
this designated project and $100,000 Fire Damage.
SC -7
specondsnWspecs
c. Automobile Liability Insurance for all owned, nonowned and hired
vehicles with minimum limits for Bodily Injury of $250,000 for each
person and $500,000 for each occurrence and Property Damage limits
of $100,000 or Combined Single Limit of $600,000.
d. On all new or remodeling building projects: All Risk Builders Risk
Insurance for insurable building projects shall be insured in the amount
of the contract price for such improvements. Owner and Contractor
waive all rights against each other for damages caused by fire or other
perils 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 Contractors 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
Owners 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.
SC -8
specona.mvt/spea
Contractor shall not commence work at site under this Contract until he has
obtained required insurance and until such insurance has been reviewed by
Owner's Contract Administration Office. Contractor shall not allow any
Subcontractors to commence work until insurance required has been obtained
and approved. Approval of insurance by Owner shall not relieve or decrease
liability of Contractor hereunder.
Insurance to be written by a company licensed to do business in the State of
Texas at the time policy is issued and acceptable to owner.
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.
SC -9
specond.msHspecs
It is also agreed that Contractor will invoke the tail option at request of Owner
and the Extended Reporting Period (ERP) premium shall be paid by
Contractor.
Owner reserves the right to review insurance requirements of this section
during effective period of the Contract and to make reasonable adjustments to
insurance coverages and their limits when deemed necessary and prudent by
Owner based upon changes in statutory law, court decisions or the claims
history of the industry as well as Contractor.
Owner shall be entitled, upon request, and without expense, to receive copies
of policies and all endorsements thereto and may make any reasonable
requests for deletion or revision or modification of particular policy terms,
conditions, limitations or exclusions, except where policy provisions are
established by law or regulation binding upon either of the parties hereto or the
underwriter on any of such policies.
Actual losses not covered by insurance as required by the section shall be paid
by Contractor.
SC -10
6.0 TECHNICAL SPECIFICATIONS
ITEM 1 GENERAL DESCRIPTION
1.01 SCOPE OF WORK
The work covered by these Specifications consists of furnishing all labor,
equipment, appliances, materials and performing all operations in connection
with the inspection and testing, complete in accordance with the Plans, and
subject to the terms and conditions of the Contract Documents.
1.02 GOVERNING TECHNICAL SPECIFICATIONS
techspec.mstlspec.master
NOTE: The item number designation shown in parentheses adjacent to
captions herein is a reference to City of Austin Standard Specifications.
STREET, WATER, SEWER AND DRAINAGE IMPROVEMENTS
The current City of Austin Standard Specifications as adopted and amended
by the City of Round Rock and the current City of Austin Erosion and
Sedimentation Control Manual are hereby referred to and included in this
contract as fully and to the same extent as if copied at length herein and they
shall be applied to this project except as modified in these Specifications and
on the Plans.
Wherever the term "City of Austin" is used in the Austin Specifications, it
shall be construed to mean the City of Round Rock.
Wherever the term "Engineer" is used in the Austin Specifications, it shall be
construed to mean the City of Round Rock.
ITEM 2 CONTROL OF WORK
2.01 CLEAN -UP
2.01.1 CONSTRUCTION SITE
During construction the Contractor shall keep the site free and clean from all
rubbish and debris and shall clean-up the site promptly when notified to
TS -1
2.01.2 BACKWORK
do so by the Engineer.
2.02 GRADING
t chspec.mt/spec per
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.
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.
ITEM 3 EXAMINATION AND REVIEW
3.01 EXAMINATION OF WORK
The work covered under this Contract shall be examined and reviewed by the
Engineer, representatives of all governmental entities which have jurisdiction,
and the Owner's authorized representative. The quality of material and the
quality of installation of the improvements shall be to the satisfaction of the
Engineer. It shall be the Contractor's responsibility for the construction
methods and safety precautions in the undertaking of this Contract.
TS -2
3.02 NOTIFICATION
techspee.msVspec.master
The Engineer and Owner must be notified a minimum of 24 -hours in advance
of beginning construction, testing, or requiring presence of the Engineer,
project representative, or Owner's representative.
3.03 CONSTRUCTION STAKING
The Engineer shall furnish the Contractor reference points and benchmarks
that, in the Engineer's opinion, provide sufficient information for the
Contractor to perform construction staking.
3.04 PROTECTION OF STAKES, MARKS, ETC.
All engineering and surveyor's stakes, marks, property corners, etc., shall be
carefully preserved by the Contractor, and in case of destruction or removal
during the course of this project, such stakes, marks, property corners, etc.,
shall be replaced by the Contractor at the Contractor's sole expense.
ITEM 4 PROTECTION AND PRECAUTION
4.01 WORK IN FREEZING WEATHER
Portions of the work may continue as directed by the Engineer.
4.02 PROTECTION OF TREES. PLANTS AND SHRUBS
The Contractor shall take necessary precautions to preserve all existing trees,
plants and shrubs but where it is justifiable and necessary the Contractor may
remove trees and plants for construction right -of -way but only with approval
of the Engineer.
TS -3
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
t hspec.r,aysp«.master
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.
ITEM 5 MATERIALS
5.01 TRADE NAMES
Except as specified otherwise, wherever in the specifications an article or class
of material is designated by a trade name or by the name or catalog number of
any maker, patentee, manufacturer, or dealer, such designations shall be taken
as intending to mean and specify the articles described or another equal thereto
in quality, finish, and serviceability for the purpose intended, as may be
determined and judged by the Engineer in his sole discretion.
TS -4
5.02 MATERIALS AND WORKMANSHIP
techspec.mst/spec.msster
No material which has been used by the Contractor for any temporary purpose
whatever is to be incorporated in the permanent structure without the written
consent of the Engineer. Where materials or equipment are specified by a
trade or brand name, it is not the intention of the owner to discriminate against
an equal product of another manufacturer, but rather to set a definite standard
of quality for performance, and to establish an equal basis for the evaluation
of bids. Where the words "equivalent ", "proper" or "equal to" are used, they
shall be understood to mean that the item referred to shall be "proper ", the
"equivalent" of, or "equal to" some other item, in the opinion or judgement of
the Engineer. Unless otherwise specified, all materials shall be the best of
their respective kinds and shall be in all cases fully equal to approved samples.
Notwithstanding that the words "or equal to" or other such expressions may be
used in the specifications in connection with a material, manufactured article
or process, the material, article or process specifically designated shall be used,
unless a substitute is approved in writing by the Engineer, and the Engineer
will have the right to require the use of such specifically designated material,
article or process.
TS -5
7.0 PLANS, DETAILS AND NOTES
DEPTH AS
PEA EXIST.
BASE (MM.)
2" HMAC PATCH
(COMPACTED)
BEDDING
4' SOR -35 PVC SLEEVE
W/ NEW 1' OR 1 -1/2'
WATER SERVICE
12'
TRENCH CUT W/ BACKHOE
STREET CUT REPAIR PROCEDURES
The following procedure shall be used in the repair and restoration of street excavations
following repair and maintenance of utilities by City forces. The procedures is written in
outline form and presented in two types. Type 1 procedure shall be used when the finished
surface to be restored is a pavement. Type 11 procedure shall be used when the finished
surface is typical of the area behind the curb to the property line consisting of vegetative
cover with possible sidewalk or driveway approach.
PROCEDURE OUTLINE
DEIST. HMAC
SAW CUT EXIST HMAC
CEMENT STABIU ZED
BASE (COMPACTS))
1. Verify utility locations are complete.
11. Perform excavation and repair.
A. Remove excavated material from the site.
111. Commence backfill and restoration.
A. Place bedding material, compacted in 12" lifts,
to within 2 feet of finished grade.
B. Place flexible base, compacted in 8" lifts, to
finished grade.
IV. Restore finished asphalt surface.
A. Sawcut existing HMAC 6" outside of excavation.
B. Remove flexible base and sawn edge to 2"
depth and compact surface.
C. Place 2" HMAC (cold laid) or cold mix and
compact.
SAW CUT BROKEN
EDGES AS NECESSARY
DEPT AS
PER EXIST.
BASE (MM.)
BEDDING
4' SDR -35 PVC SLEEVE
W/ NEW 1' OR 1 -1/2'
WATER SERVICE
TRENCH CUT W/ SAW
Celiq IIf LRnutth
Seale
N.T.S.
a Aoiwerwa
g TRH H CUTS
BACKHOE AND SAW
COMPACTED
2' HMAC PATCH
EXIST. HMAC
COMPACTED CDJENr
STABILIZED BASE
Rork
Drawn by
.1. SKIRMONT
DETAIL NO.
OM MI OW MN M MI r UN — NM -- -■D —• MI MI — MN
L 5' P.U.E.
ME ER
BO —.
1'
1 0' (NORMAL)
IDEWALK
WATER MAIN
2.5'
NOTE;
REFER TO "STANDARD INSTALLATION DETAIL
FOR ONE OR TWO METERS" FOR SERVICE
SPECIFICS.
9 _ suBGRADE
PE TUBING (SEE WATER S RVICE DETAILS)
I
STORM SEWER
1' MIN.
5'
STREET R.O.W.
(YA
STREET WIDTH
(VAfIES)
5'
SDR 35 P.V.C. CASING
(LONG SIDE SERVICE ONLY)
WAS
10' (NORMAL)
4'
SIDEWALK
GAS MAIN'
5' P.U.E. J
I �
METER
BOX
I
Ti #a of Round ;Rork
Scala n Drawn by;
N.T.S. on t,...d 4 .2 � B . ORTI2
WATER SERVICE DETAIL N0.
CASING DETAIL
METER SIZE
LENGTH
5/8"
7
3/4"
3/4"
9"
— — — — •
NOTE:
1. SERVICE PIPE SHALL BE COPPER TUBE SIZE. IT MMAAY 1
BE 150 psi ANNEALED SEAMLESS TYPE 'K" COPP Ws,
TUBING BLACK OF COLORED S DR P ) OI.YETHriENE
2. SERVICE SADDLES SHALL BE WRAPPED COMPLETELY
NTH 8 m0. POLYETHYLENE FILM.
3. TOP OF BOXES SHALL BE 1' ABOVE FINISHED GRADE.
4, BRANCH CONNECTION AND BOTH ANGLE METER STOPS MUST
BE INSTALLED PRIOR TO FIRST METER INSTALLATION EVEN THOUGH
SECOND PROPERTY MAY NOT BE READY FOR SERVICE.
5. PIPING AND TUBING SHALL BE 'STALLED IN ACCORDANCE NTH SECTION
510.3 OF THE STANDARD SPECIFICATIONS, SPECIAL ATTENTION 15 CALLED TO
"PIPE 6000100 ENVELOPE" AND 'BACKFILLNG', SECTIONS 510.3 (14)
AND 510,3 (25), RESPECTIVELY,
6. METER 80X TO BE MODEL OFW -3812 BY DM ROTEC, INC. OR APPROVED EQUAL.
PROVIDE BLACK — PAINTED METAL UD MATH METER READER.
7. AXIS OF METER ASSEMBLY (METER STOP, METER, PIPING AND OWNERS CUTOFF)
SHALL BE 10" BELOW TOP OF 80X
B, SLOTS PROVIDED IN METER BOX TO ACCOMODATE PIPING INTO AND OUT OF BOX SHALL NOT BE MODIFIED.
( 11,
0
n
Spill.:
N.T.S.
Apprpr.d
MATERIAL LIST
A. SERVICE CLAMP REQUIRED.
8. 1 1/2' CORPORATION STOP -- SERVICE PIPE OUTLET.
C. 1 1/2" SERVICE PIPE.
D. 1 1/2' . 1' BRASS REDUCER
E. BRANCH CONNECTION. 1' SERVICE PIPE INLET AND 2 -3/4'
MALE I.P.T. OUTLETS 7 1/2' 0.0.
F, 3/4' ANGLE METER STOP; FEMALE I.P,T, INLET ANO
SWIVEL COUPLING NUT OUTLET.
G, PLASTIC RECTANGULAR METER BOX (SEE NOTE 8).
H, PIPE CASING WHERE APPLICABLE (SEE SEPARATE DETAIL),
NOTE: I TNRU L TO BE INSTALLED UNDER SEPARATE BUILDING PERMIT
I, WATER METER,
J. WATER METER COUPLING: 3/4' z 8
COUPLING NUT.
X, 3/4' OR I' BRONZE GATE VALVE:
I.P.T. (PROPERTY OWNERS CUT -OFF
SEPARATE VALVE CAN NTH LID AS
L. 3/4' OR 1' PIPE MEETING CITY OF
REQUIREMENTS.
STANDARD INSTALLATION DETAIL
FOR TWO 5/8" OR 3/4" METERS
1/2' MALE I P. T. X SWIVEL
NON- RISING STEM, FINALE'.
OUTSIDE METER BOX IN
PER CITY STANDARDS).
ROUND 000K PLUMBING CODE
Titu of i:Rounb Roth
Drown by:
BO /JRS
DETAIL. NO.
METER SIZE
LENGTH
5/8"
7
3/4"
3/4"
9"
1"
11"
• -- MI MI OM MI • • OS • -- MI - • ON r MI
NOTE:
^1. SERVICE PIPE SHALL BE COPPER TUBE SIZE. IT MAY BE 150 psi
ANNEALED SEAMLESS TYPE 'X' COPPER TUBING OR 200 pet BLACK
tr COLORED POLYETHYLENE HAVING A DIMENSION RA110 OF 9 (0R9).
' 1 SERVICE SADDLES SHALL BE WRAPPED COMPLETELY WITH 6 mll. POLYETHYLENE
3. TOP OF BOXES SHALL BE 1' ABOVE FINISHED GRADE.
4, PIPING AND TUBING SHALL BE INSTALLED IN ACCORDANCE WITH SECTION 510.3
OF THE STANOARO SPECIFICATIONS. SPECIAL ATTENTION 15 CALLED TO "PIPE BEDDING
ENVELOPE' AND 'BACKFILLING', SECI1ONS 5103 (14) AND 510,3 (25). RESPECTIVELY
S. METER 80X TO BE MODEL !VW-0512 BY DFW ROTEC, INC. OR APPROVED EQUAL.
PROVIDE BLACK - PAINTED METAL UD 51111 METER READER.
6.. SHALL AXIS OF 8E M BELOW ASSEMTOP OBLY (MF ETEBOXR . STOP, METER, PIPING AND OWNERS CUTOFF)
1 0'
7. SLOTS PROVIDED IN METER BOX TO ACCOMODATE PPING INTO AND OUT OF BOX
,St1AU. NOT BE 8OOIFTED.
6
1
G. WATER METER.
MATERIAL LIST
A. SERVICE CLAMP REQUIRED.
9, 1" CORPORATION STOP -- SERVICE PIPE OUTLET,
C. 1' SERVICE PIPE.
0. ANGLE METER STOP; SERVICE PIPE INLET X SWIVEL
COUPLING NUT OUTLET:
— FOR 5/8' AND 3/4' METERS: 1' a 3/4'
— FOR 1 METERS: 1' a 1'
E, PLASTIC RECTANGULAR METER BOX (SEE NOTE 5).
F. PIPE CASING WHERE APPLICABLE (SEE SEPARATE DETAIL).
NOTE: G TNRU .1 TO BE INSTALLED UNDER SEPARATE BUILDING PERMIT.
H. WATER METER COUPLING: MALE I.P.T. X SWIVEL COUPLING
NUT:
— FOR 5/8' ANS 3/4' METERS: 3/4' a 8 I/2" LONG
— FOR 1 METERS: 1' a 8 1/2' LONG,
L BRONZE GATE VALVE: NON— RISING STEM (3/4' OR 1') FEMALE
I.P,T, (PROPERTY OWNERS CUT —OFF OUTSIDE METER 80X IN
SEPARATE VALVE CAN WITH LID AS PER CITY STANDARDS).
J. 3/4' OR 1' PIPE MEE11NG CITY OF ROUND ROCK PLUMBING
CODE REQUIREMENTS,
(citj of i;Rounb Rork
Seale:
N.T.S.
Approved
STANDARD INSTALLATION DETAIL
FOR ONE 5/8 ", 3/4" OR
1" METER
Drawn by:
BD /JRS
DETAIL NO.
PLAN SHEET
1
1
1 2. Any existing utilities, pavement, curbs, sidewalks, structures, trees, etc., that are damaged
or removed shall be repaired or replaced by the Contractor at no cost to the Owner.
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GENERAL NOTES
1. All construction shall be in accordance with the City of Austin Standard Construction
Specifications as adopted and amended by the City of Round Rock.
3. The Contractor shall verify all depths and locations of existing utilities prior to any
construction. Any discrepancies with the construction plans found in the field shall be
brought immediately to the attention of the Engineer.
4. Manhole frames, covers, valves, cleanouts, etc. shall be raised to finished grade prior to
final paving construction.
5. The Contractor shall give the City of Round Rock 48 hours notice before beginning each
phase of construction. Telephone 218 - 5555 (Public Works Department).
6. All areas disturbed or exposed during construction shall be revegetated in accordance with
the plans and specifications. Revegetation of all disturbed or exposed areas shall consist
of sodding or seeding, at the Contractor's option. However, the type of revegetation mus t
equal or exceed the type of vegetation present before construction unless otherwise
requested by the property owner.
7. Prior to any construction, the Contractor shall convene a preconstruction conference
between the City of Round Rock, himself, the Engineer, other utility companies, any
affected parties and any other entity the City or Engineer may require.
8. The Contractor and the Engineer shall keep accurate records of all construction that
deviates from the plans. The Engineer shall furnish the City of Round Rock accurate "As -
Built" drawings following completion of all construction. These "As- Built" drawings shall
meet with the satisfaction of the Public Works Department prior to final acceptance.
9. The Round Rock City Council shall not be petitioned for acceptance until all necessary
easement documents have been signed and recorded.
10. When construction is being carried out within easements, the Contractor shall confine his
work to within the permanent and any temporary easements. Prior to final acceptance, the
Contractor shall be responsible for removing all trash and debris within the permanent and
temporary easements. Clean-up shall be to the satisfaction of the Engineer.
11. Prior to any construction, the Contractor shall apply for and secure all proper permits
from the appropriate authorities.
plans. owl/b: specmcuer
PDN -1
STREET AND DRAINAGE NOTES
1. All testing shall be done by an independent laboratory at the Owner's expense. Any
retesting shall be paid for by the Contractor. A City inspector shall be present during all
tests. City inspectors shall be given a minimum of 24 hours notice prior to any testing.
Telephone 218 -5555 (Inspections).
2. Backfill behind the curb shall be compacted to obtain a minimum of 95 % maximum
density to within 3" of top of curb. Material used shall be primarily granular with no rocks
larger than 6" in the greatest dimension. The remaining 3" shall be clean topsoil free from
all clods and suitable for sustaining plant life.
plans.owUb:epecmaster
PDN -2
1. Any methods, street markings and signage necessary for warning motorists, warning
pedestrians or diverting traffic during construction shall conform to the Texas Manual of
Uniform Traffic Control Devices for Streets and Hithways, latest edition. This manual
shall also apply to new construction in this project.
plans.owlitEspecmaster
TRAFFIC MARKING NOTES
PDN -3
1. Erosion control measures, site work and restoration work shall be in accordance with the
City of Round Rock Erosion and Sedimentation Control Ordinance.
plam.owl/b:apecnnter
EROSION AND SEDIMENTATION CONTROL NOTES
PDN-4
WHEREAS, the City of Round Rock has duly advertised for bids for
the Oaklands Subdivision and Oak Creek Subdivision waterline
replacement projects, and
WHEREAS, Nelson Lewis, Inc. has submitted the lowest and best
bid, and
WHEREAS, the City Council wishes to accept the bid of Nelson
Lewis, Inc., Now Therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a contract with Nelson Lewis, Inc. for the Oaklands
Subdivision and Oak Creek Subdivision waterline replacement projects.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended, and the Act.
RESOLVED this 25th day of November 1997.
ATTEST:
4? E LAND, City Secretary
A:\ WPDOCS \RSSOLVrI \RS7112511.wef /ecg
RESOLUTION NO. R- 97- 11- 25 -10H
CHARLES C PER, Mayor
City of Round Rock, Texas
sneDIClab.slQlnspees
THE CITY OF ROUND ROCK
PUBLIC WORKS DEPARTMENT
2008 Enterprise Dr.
Round Rock, Texas. 78664
(512) 218 -5555 BID
:.;.:.
BIDS EXTENDED
D :
A
DATE :
TABULATION SHEET:
AND CHECKED
Jinn Nuse
11/19/97
1 of 1
CONTRACT : OAKLANDS /OAK CREEK
WATERLINE REPLACEMENT PROGRAM
LOCATION : City Council Chambers
Nelson Lewis,
DATE: 11/18/97
Inc.
Yes
Bay Maintenance Co., Inc.
Bid Bond? Yes
ECU Resources, Inc.
Bid Bond Yes
Austin Engineering Co., Inc.
Bid Bond? Yes
Bid Bond?
ITEM
UNIT
APPROX
QTY.
IIDOT
PRICE
COST
UNIT
PRICE
....
....
COST
UNIT
PRICE
COST
UNIT
PRICE
1. Remove and replace existing long -side
single water service including street repair.
IA. Remove
EA
15
51,000.00
$15,000.00
$1,200.00
$18,000.00
$950.00
$14,250.00
$1,260.00
COST
$18.900.00
and replace existing short-side
single water service.
2.
EA
15
$500.00
$7,500.00
$500.00
$7,500.00
$950.00
$14,250.00
$420.00
$6,300.00
Remove and replace existing long -side
double water service including street repair.
2A.
EA
133
$1,100.00
$146,300.00
$1,275.00
$169,575.00
$950.00
$126,350.00
$1,300.00
$172,900.00
Remove and replace existing short-side
double water service.
EA
137
$600.00
$82,200.00
$550.00
$75,350.00
$950.00
$130,150.00
$480.00
565,760.00
3. Remove and replace concrete curb and
gum.
LF
1,480
510.00
$14,800.00
$15.00
$22,200.00
$8.00
$11,840.00
$9.00
$13,320.00
4. Remove and replace concrete sidewalk.
SF
20,160
53.00
$60,480.00
$2.00
$40,320.00
$3.00
$60,480.00
$3.75
$75,600.00
5. Remove and replace concrete driveway.
SF
6,000
$4.00
$24,000.00
$3.20
$19,200.00
$6.25
$37,500.00
$7.20
$43,200.00
6. Trench safety
,I1H1 I
1
51.00
$1.00
$1,100.00
$1,100.00
$600.00
$600.00
$1,000.00
51,000.00
ALTERNATE BID
.
$50.00
-
Al. Deduct per service for
replacement (pipe bursting).
NO BID
NO BID
$540.00
TOTAL:
$350,281.00
$353,245.00
5395,420.00
$396,980.00
sneDIClab.slQlnspees
DATE: November 18, 1997
SUBJECT: City Council Meeting, November 25, 1997
ITEM: 10H. Consider a resolution awarding a bid to Nelson Lewis Company
for the Oaklands Subdivision and Oakcreek Subdivision water
line replacement project.
STAFF RESOURCE PERSON: Jim Nuse
STAFF RECOMMENDATION:
This project will replace approximately 300 water polybuteleyne (blue tubing) service lines
in the Oaklands and Oak Creek subdivisions. The construction will replace the services
and the City's Street Maintenance Program will follow -up with the slurry coat process. The
funds to replace these services will be from the law suit's proceeds.
Nelson Lewis is a fine Contractor and we look forward to completing this project.