R-98-03-26-10A2 - 3/26/1998b
APP 'OVE'BY
CI ATTO' NEY
CONTRACT DOCUMENTS
FOR
MAXSERV WASTEWATER
EXTENSION
Prepared For:
City of Round Rock
2008 Enterprise
Round Rock, Texas 78664
APRIL 10, 1998
qs 63 )6 Icy
Bury +Pittman
Consulting Engineers and Surveyors
1.0 NOTICE TO BIDDERS
Sealed bids addressed to the Purchasing Agent, City of Round Rock, 221 East Main Street,
Round Rock, Texas 78664, for furnishing all labor, material and equipment and performing
all work required for the project titled MaxSery Wastewater Extension the scope of work
will include in general the construction of approximately 1000 LF of wastewater line as
identified in the construction drawings. The bids will be received until 2:00 PM, March 17,
1998 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 "labeled MaxSery wastewater
extension ". No bids may be withdrawn after the scheduled opening time. Any bids
received after scheduled bid opening time will be returned unopened.
Bids must be submitted on City of Round Rock bid forms and must be accompanied by an
acceptable bid security as outlined in the Instructions to Bidders, payable to the City of
Round Rock, Texas equal to five percent (5 %) of the total bid amount. Plans, Bid Forms,
Specifications, and Instructions to Bidders may be obtained from Bury and Pittman Inc.,
3345 bee Caves Road, Suite 200, Austin, Texas (512 -328 -0011) beginning March 2, 1998
for a non - refundable charge of $30.00 printing cost 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:
March 1, 1998
March 8, 1998'
noticebd/spec. master
NOTICE TO BIDDERS
NB -1
Round Rock Leader:
March 2, 1998
March 9, 1998
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.
Should the bidder find discrepancies in, or omissions from the plans,
specifications, or other documents, or should he be in doubt as to their meaning,
he should notify at once the Engineer and obtain clarification or addendum prior
to submitting any bid.
3. It shall be the responsibility of the bidder to see that his bid is received at the
place and time named in the Notice to Bidders. Bids received after closing time
will be returned unopened.
4. Bids shall be submitted in sealed envelopes plainly marked "Sealed Bid" and
showing the name of the project, the job number if applicable, and the opening
date and time.
5. Bids shall be submitted on proposal forms furnished by the City of Round Rock.
6. All proposals shall be accompanied by a certified cashier's check upon a
National or State bank in an amount not less than five percent (5 %) of the total
maximum bid price, payable without recourse to the City of Round Rock, or a
bid bond in the same amount from a reliable surety company, as a guarantee that
the bidder will enter into a contract and execute performance and payment
bonds, as stipulated by item 11 below, within ten (10) days after notice of award
of contract to him. Proposal guarantees must be submitted in the same sealed
envelope with the proposal. Proposals submitted without check or bid bonds will
not be considered.
7. All bid securities will be returned to the respective bidders within twenty-five
(25) days after bids are opened, except those which the owner elects to hold until
the successful bidder has executed the contract. Thereafter, all remaining
biddoc.mstlspec BD -1
securities, including security of the successful bidder, will be returned within
sixty (60) days.
8. Until the award of the contract, the City of Round Rock reserves the right to
reject any and all proposals and to waive technicalities; to advertise for new
proposals; or to do the work otherwise when the best interest of the City of
Round Rock will be thereby promoted.
9. In case of ambiguity or lack of clarity in the statement of prices in the bids, the
City of Round Rock reserves the right to consider the most favorable analysis
thereof, or to reject the bid. Unreasonable (or unbalanced) prices submitted in a
bid may result in rejection of such bid or other bids.
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.
biddoc.mst /spec BD -2
12. If the total contract price is less than $25,000.00 the performance and payment
bond requirement will be waived by the City of Round Rock. Payment will be
made following completion of the work.
13. Failure to execute the construction contract within ten (10) days of written
notification of award or failure to furnish the performance bond, or letter of
credit if applicable, and payment bond as required by item 11 above, shall be
just cause for the annulment of the award. In case of the annulment of the
award, the proposal guarantee shall become the property of the City of Round
Rock, not as a penalty, but as a liquidated damage.
14. No contract shall be binding upon the City of Round Rock until it has been
signed by its Mayor after having been duly authorized to do so by the City
Council.
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. Bids shall be submitted on a separated contract basis. No Texas sales tax shall
be included in the prices bid for materials consumed or incorporated into the
finished product under this contract. This contract is issued by an organization
which is qualified for exemption pursuant to the provisions of Section
151.309(5) of the Texas Tax Code. The City of Round Rock will issue an
exemption certificate to the Contractor. The Contractor must then issue a resale
certificate to the material supplier for materials purchased. The Contractor must
have a valid sales tax permit in order to issue a resale certificate.
In obtaining consumable materials, the Contractor will issue a resale certificate is lieu
of payment of sales tax, and the following conditions shall be observed;
biddoc.mst /spec BD -3
1) The contract will transfer title of consumable, but not incorporate,
materials to the City of Round Rock at the time and point of receipt by the
Contractor;
2) The Contractor will be paid for these consumable materials by the City of
Round Rock as soon as practicable. Payment will not be made directly but
considered subsidiary to the pertinent bid item. The Contractor's monthly
estimate will state that the estimate includes consumables that were
received during the month covered by the estimate; and
3) The designated representative of the City of Round Rock must be notified
as soon as possible of the receipt of these materials so that an inspection
can be made by the representative. Where practical, the materials will be
labeled as the property of the City of Round Rock.
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 -4.
1
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
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 attomey's fee to be fixed by the Court.
In WITNESS WHEREOF, we have hereunto set our hands and seals this day of
1 Principal: Surety:
By: By:
' (Seal) (Seal)
' biddoc.mst /spec BD -5
1
PROPOSAL BIDDING SHEET
JOB NAME: MaxSery Wastewater Extension
JOB LOCATION: Round Rock, Williamson County, Texas
OWNER:
DATE:
Gentlemen:
City of Round Rock, Texas
March 17, 1998
Pursuant to the foregoing Notice to Bidders and Instructions to Bidders, the undersigned
bidder hereby proposes to do all the work, to furnish all necessary superintendence, labor,
machinery, equipment, tools, materials, insurance and miscellaneous items, to complete all the work
on which he bids as provided by the attached supplemental specifications, and as shown on the plans
for the construction of MaxSery wastewater extension and binds himself on acceptance of this
proposal to execute a contract and bond for completing said project within the time stated, for the
following prices, to wit:
BASE BID
Bid Item Description Unit
Item Ouantity Unit and Written Unit Price Price Amount
1. 1
LS Mobilization /Demobilization
for Te a u o i r u( `� dollars
and NO cents.
2. 4 EA Wastewater manhole with
32 -inch cover
s'a. $a, sae,. o0
for t y dollars
and N cents. $a..00. ' $ 7 ,200. Oo
Bid Item Description Unit
' Item Quantity Unit and Written Unit Price Price Amount
' 3. 1 EA Wastewater manhole with drop
inlet with 32 -inch cover
1
-- A7 0 Apavotk
for hovdaid dollars o0
and N cents. $a S'0D, $ ,7,1"00.00
4. 1000 LF 12 -inch SDR -35 Wastewater Line
' for� _,yX/ dollars
and 4 cents. $ °-° $,2 000, 00
1 5. 1 EA Tie to existing wastewater
manhole
1 Qv2 /rau✓A,.-
for w dollars
and ,4' ' cents. $/3.10. $/, 3,5 DD
1
6. 1 LS Erosion /Sedimentation Control
1 for e tif0 / /INNd' dollars ao
and 01/0 cents. $400. $ rf'000.00
7. 1 LS Trench Safety
foriuijr Wij/ a,v dollars
and N cents. $62,000. '' $ g 000.00
1
TOTAL BASE BID (Items 1 thru 7): $,5 .5 -10.00
STATEMENT OF SEPARATE CHARGES:
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 forty-five (45) 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.
Resp . i. 1 S omitted,
'O
/3(4.21- P0,0/ ,V ,sD, . /6 )
Title for Address
t;gRoec%P2LO,v,�S,a�sl�� � . 47,2 ,219 -baa/
�Pi✓efA / DA4fr f12
Name of Firm
Date
3- /2 -98
Materials:
All Other Charges:
Total:
Telephone
Secretary, if Contractor is a
Corporation
$/ S%
$ DO
$S %s O(0
3.0 POST BID DOCUMENTS
THE STATE OF TEXAS
COUNTY OF WILLIAMSON §
THIS AGREEMENT, made and entered into this t 7 tit, day of
, 1998, by and between (Owner) City of Round Rock, Texas of the
State bf Texas, acting through Charles Culpepper, Mayor, thereunto duly authorized so to
do, hereinafter termed OWNER, and (Contractor) Sch CoNw irru -b•oa Co . of
us in) , Texas, County of -1T .]+s , and State of Texas, hereinafter
termed CONTRACTOR.
AGREEMENT
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:
MaxSery Wastewater Extension
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 Bury & Pittman, Inc., herein entitled the ENGINEER, 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 10 calendar days after the
date written notice to do so have been given to him, and to complete the same within 45
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.mst/spec master
PBD -1
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
(OWNER)
BY:
ATTEST:
Charles Culpe er
Mayor
City Secretary
(The following to be executed if the Contractor is a Corporation.)
Corporate Seal
postbid.mst / spec master
PBD -2
SCHROEDER CONSTRUCTION COMPANY
(CONTRACTOR)
BY
Robert A. Schroeder its General Partner
(Typed name) (Title)
ATTEST:
Secretary, if Contractor is a
Corporation or otherwise registered
with the Secretary of State
I, certify that I am the Secretary of the Corporation
named as Contractor herein; that , who signed this
Contract on behalf of the Contractor was then (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.
Signed:
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
KNOW ALL MEN BY THESE PRESENTS: That SCHROEDER CONSTRUCTION COMPAtjfthe
City of AUSTIN , County of TRAVIS , and State of
TEXAS , as Principal, and COOWrINYNTAL CASUALTgnthortzed under the law
of the State of Texas to act as surety on bonds for principals, are held and firmly bound
unto THE CITY OF ROUND ROCK, TEXAS, (Owner), in the penal sum of
FIFTY -ONE THOUSAND, FIVE HUNDRED FIFTY & NO / (5 51,550.00
for the payment whereof, well and truly to be made the said Principal and Surety bind
themselves, and their heirs, administrators, executors, successors and assigns, jointly and
severally, by these presents:
WHEREAS, the Principal has entered into c n written contract with the Owner dated
the 69 day of L. , 199JYto 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
PERFORMANCE BOND
MaxSery Wastewater Extension
PBD -3
BOND NO.: 159068515
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if
the said Principal shall faithfully perform said Contract and shall, in all respects, duly and
faithfully observe and perform all and singular the covenants, conditions and agreements
in and by said Contract, agreed and covenanted by the Principal to be observed and
performed, including but not limited to, the repair of any and all defects in said work
occasioned by and resulting from defects in materials furnished by or workmanship of,
the Principal in performing the work covered by said Contract and occurring within a
period of twelve (12) months from the date of the contract Completion Cenificate 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.
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 Sty have signed and sealed this
day of PAIL-- , 19 ( .
instrument this
SCHROEDER CONSTRUCTION COMPANY CONTINENTAL CASUALTY COMPANY
Title
(-4 AL PAK - 052/
13625 POND SPRINGS ROAD
Address
AUSTIN, TEXAS 78729
Resident Agent of Surety:
INSURANCE ALLIANCE
CHARLES WOODROW ADAMS, JR.
Printed Name
1776 YORKTOWN, STE 200
Address
HOUSTON, TEXAS 77056
City, State & Zip Code
Signature
PBD-4
Surety
By C'
Title
C.W. ADAMS
ATTORNEY -IN -FACT
4400 PIEDRAS DRIVE SOUTH, #240
Address
SAN ANTONIO, TEXAS 78228
HOUSTOUN, WOODARD, EASON, GENTLE,
TOMFORDE, AND ANDERSON, INC.
dba Insurance Alliance
1776 Yorktown, Suite 200
Houston, Texas 77056 -4114
t.D.# 0005966545
PAYMENT BOND
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
KNOW ALL MEN BY THESE PRESENTS: Tha SCHROEDER CONSTRUCTION COMPANY.. or me
City of AUSTIN , County of TRAVIS , and State of
CAST7AT� Y
TEXAS as Principal, and T NImp horized under the laws of the
State of Texas to act as Surety on Bonds for Principals, are held and firmly bound unto
THE CITY OF ROUND ROCK, (OWNER), and all subcontractors, workers, laborers,
mechanics and suppliers as their interest may appear, all of whom shall have the right to
sue upon this bond, in the penal sum of FIFTY —ONE THOUSAND, FIVE HUNDRED FIFTY
AND NO /100 Dollars ($ 51,550.0 ) for the payment
whereof, well and truly be made the said Principal and Surety bind themselves and their
hcirs, administrators, executors, successors, and assigns, jointly and severally, by these
presents:
WHEREAS, the Principal has entered into a Fliain written contract with the Owner,
dated the 0 day of +'r+ etL , 1918, 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:
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.
p,.:40- rem.pee
MaxSery Wastewater Extension
PBD-5
BOND NO.: 159068515
PAYMENT BOND (cont
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 REOF, the s • Principal and Surety have signed and sealed this
Instrument this (' day of fC- , 19
SCHROEDER CONSTRUCTION COMPANY
Princ
By
Title
13625 POND SPRINGS ROAD
Address
AUSTIN, TEXAS 78729
Resident Agent of Surety:
INSURANCE ALLIANCE
CHARLES WOODROW ADAMS JR.
Printed Name
1776 YORKTOWN, STE 200
Address
HOT1STON,.. VAS 77
City, State & Zip Code
Signature
ow roamer
PBD-6
CONTINENTAL CASUALTY COMPANY
Surety
By! /) � . c
C.W. ADAMS, ATTORNEY —IN —FACT
Title
4400 PIEDRAS DRIVE SOUTH, 8240
Address
SAN ANTONIO, TEXAS 78228
HOUSTOUN, W00DARD, EASON, GENTLE,
TOMFORDE, AND ANDERSON, INC.
dba Insurance Alliance
1776 Yorktown, Suite 200
Houston, Texas 77056 -4114
LD.# 0005966545
TOTAL P -06
Continental Casualty Company
'CNA
1
of Houston, Texas
Its true and lawful Attorneyin•fact with full power and authority hereby conferred to sign, seal and execute in its behalf bonds, undertakings
and other obligatory instruments of similar nature
1
1
1
1
1
1
1
1
1
1
1
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Por 111 Th.. f nth nn, ae m• 1,n,
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY•IN -FACT
Know All Men by these Presents. That CONTINENTAL CASUALTY COMPANY, a corporation duly organized and existing under the
I laws Of the State of Illinois. and having Its principal office in the City of Chicago, and State of Illinois. does hereby make. constitute
and appoint Rock N. Houstoun, Harlan J. Berger, Donald E. Woodward, ,1r., Andrew ,1. ,landa
Sue Kohler Vir.inia J. Witt C. W. Adams ndivid all
and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signer' by me
duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts Of said Attorney. pursuant to the authority hereby
given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the following 13y-Law duly adopted by the Board of
Directors 01 the Company.
"Article IX— Execution of Documents
Section 3. Appointment of Attorney -in -fact. The President or a Vice President may, from time to time. appoint by writtencertilicates
attorneys -in -fact to act in behalf of the Company in the excecution of policies of insurance, bonds, undertakings and Other obligatory
instruments of like nature. Such attorneys•in•fact, subject to the limitations set forth in their respective certificates of authority, shall
have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company
thereto. The President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given
to any attorne•in•fact.'•
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the
Board of Directors of the Company at a meeting duly called and held on the 3rd day of April. 1957.
"Resolved. that the signature of the President or Vice President and the seal of the Company may be affixed by facsimile on any
power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or an Assistant Secretary
and the seal of the Company may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing
such facsimile signatures and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified
by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and
bindin0 on the Company."
In Witness Whereof, CONTINENTAL CASUALTY COMPANY nos caused these presents to be signed by its Vice President and its
corporate seal to be hereto affixed on this 21st day of June 1g-9_3_
CONTINENTAL CASUALTY COMPANY
State of Illinois I
County of Cook ss
19.93_ before me personally came
J. E. Purtell, to me known. who. being by me duly sworn. dtd depose and say: that he resides in the Village of Glenview, State of Illinois: that he Is
a Vice - President of CONTINENTAL CASUALTY COMPANY. the corporatron described in and which executed the above instrument: that he knows
the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal: that it was 50 affixed pursuant to the said instrument
is such corporate seal: that it was So affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name
thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation.
On this 21st day of June
Linda C. Dempsey - ' ubhc.
CERTIFICATE My Commission Expires ber 14, 1994
1, Robert E. Ayo. Assistant Secretary ot CONTINENTAL CASUALTY COMPANY. do hereby certify that the Power of Atto ' -' in above set forth
is still in force. and further certify that Sectron 3 of Article IX of the By -laws of the Company and the Resolution of the Boar. of Directors. set forth
in said Power of Attorney are stilt in force. In testimony whereof I have hereunto subscribed my name and affixed the seal ot the said
Company this day of 19
Form 1.23142.9
A N I L L I N O I S C O R P O R A T I O N
- In Unlimited Amounts -
• \� SEAL I�
J. E. Punell vice President.
1/
Robert E. Aya /A ssistant Secretary
INV. NO. G- 57443.8
IMPORTANT NOTICE
TO OBTAIN INFORMATION OR MAKE A COMPLAINT:
YOU MAY CONTACT THE TEXAS DEPARTMENT OF
INSURANCE TO OBTAIN INFORMATION ON COMPANIES,
COVERAGES, RIGHTS OR COMPLAINTS AT:
1-800-252-3439
YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE:
P.O. BOX 149104
AUSTIN, TEXAS 78714 -9104
FAX NO.: (512) 475 -1771
PREMIUM OR CLAIM DISPUTES:
SHOULD YOU HAVE A DISPUTE CONCERNING YOUR
PREMIUM OR ABOUT A CLAIM YOU SHOULD CONTRACT THE
AGENT OR COMPANY FIRST. IF THE DISPUTE IS NOT
RESOLVED, YOU MAY CONTRACT THE TEXAS DEPARTMENT
OF INSURANCE.
ATTACH THIS NOTICE TO YOUR POLICY
THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT
BECOME A PART OR CONDTITON OF THE ATTACHED
DOCUMENT.
APR -21 -1998 18:38 SCHROEDER CONSTRUCTION
1 CERTIFICATE OF LIABILITY INSURANCE
Daze: 04/21/98
1 PRODUCER
LIBERTY MUTUAL INSURANCE COMPANY
12129 N. FM 620, SUITE 450
AUSTIN, TEXAS 78750 B LIBERTY MUTUAL FIRE INSURANCE
INSURED SCHROEDER CONSTRUCTION CO. C LIBERTY INS. CORP.
SUITE 10 NN 3 nn ggpp
H
THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the
' business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard
policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below.
1 CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS
LTR NUMBER DATE DATE
1
OTHER
"DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS/EXCEPTIONS
RE: MAXSERV, WASTEWATER EXTENTION
CERTIFICATE HOLDER: City of Round Rock
' 221 E. Main Street
Round Ruck, Texas 73664
am: Joanne Land
I tbid.nu*q .c master
PBD -7
Typed Name:
MARCIE REID
512 219 7977 P.02
COMPANIES AFFORDING COVERAGE
A LIBERTY MUTUAL IUS.
GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000
C YY7- 191 - 414154 -048 3/31/98 3/31/99 PRODUCTS /OPAOG. S 1, 000,000
PERSONAL at ADV, INJURY S 1 , 000,000
EACH OCCURRENCE $ 1,000,000
FIRE DAMAGE (Any oec fttc) $ 50,000
MED. EXPENSE (Any nne person) S 5,000
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 5 1,000,000
C AS7- 191 - 414154 -038 3/31/98 3/31/99 BODILY INJURY (Per person) $
BODILY INJURY (Per accident) 8
PROPERTY DAMAGE $
EXCESS LIABILITY EACH OCCURRENCE $ 1 , 000 000
3/31/98 3/31/99 AGGREGATE S ,
I
A TH1- 191 - 4(4154 -078
_WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY ITY STATUTORY LIMITS
C WC7 191 - 414154 - 018 3/31/98 3/31/99 EACH ACCIDENT $ 500,000
1 DISEASE - POLICY LIMIT $ 500,000
DISEASE - EACH EMPLOYEE $ 500,000
fThe City of Round Rock is named as additional instaed with rtspcct to all policies except Workers' Compensarion and Employers' Liability. Should
any of the above described policies by cancelled or changed before the expiration date thereof, the issuing cornpany will mail thirty (30) days written
ace to the certificate holder names below.
li no
SIGNATURE OF AUTHORIZED REPR ENT ATIVE
- �0 .r..o.
Title: A a RV REPRESENTAT E
rnT01 0 M.7
4.0 GENERAL CONDITIONS
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Contents
1. Definition of Terms
1.01 - Owner, Contractor and Engineer
1.02 - Contract Documents
1.03 - Subcontractor
1.04 - Sub - Subcontractor
1.05 - Written Notice
1.06 - Work
1.07 - Extra Work
1.08 - Working Day
1.09 - Calendar Day
1.10 - Substantially Completed
General Conditions of Agreement
2. Responsibilities of the Engineer and the Contractor
2.01 - Owner - Engineer Relationship
2.02 - Professional Inspection by Engineer
2.03 - Payments for Work
2.04 - Initial Determinations
2.05 - Objections
2.06 - Lines and Grades
2.07 - Contractor's Duty and Superintendence
2.08 - Contractor's Understanding
2.09 - Character of Workers
2.10 - Contractor's Buildings
2.11 - Sanitation
2.12 - Shop Drawings
2.13 - Preliminary Approval
2.14 - Defects and Their Remedies
2.15 - Changes and Alterations
2.16 - Inspectors
gencond.msespec
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3. General Obligations and Responsibilities
3.01 - Keeping of Plans and Specifications Accessible
3.02 - Ownership of Drawings
3.03 - Adequacy of Design
3.04 - Right of Entry
3.05 - Collateral Contracts
3.06 - Discrepancies and Omissions
3.07 - Equipment, Materials and Construction Plant
3.08 - Damages
3.09 - Protection Against Accident to Employees and the Public
3.10 - Performance and Payment Bonds
3.11 - Losses from Natural Causes
3.12 - Protection of Adjoining Property
3.13 - Protection Against Claims of Subcontractors, etc.
3.14 - Protection Against Royalties or Patented Invention
3.15 - Laws and Ordinances
3.16 - Assignment and Subletting
3.17 - Indemnification
3.18 - Insurance
3.19 - Final Clean -Up
3.20 - Guarantee Against Defective Work
3.21 - Testing of Materials
3.22 - Wage Rates
4. Prosecution and Progress
4.01 - Time and Order of Completion
4.02 - Extension of Time
4.03 - Hindrances and Delays
5. Measurement and Payment
5.01 - Quantities and Measurements
5.02 - Estimated Quantities
5.03 - Price of Work
5.04 - Partial Payments
5.05 - Use of Completed Portions
5.06 - Final Completion and Acceptance
5.07 - Final Payment
5.08 - Payments Withheld
5.09 - Delayed Payments
gencond.mtt/spec
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1 6. Extra Work and Claims
1 6.01 Change Orders
6.02 Minor Changes
6.03 Extra Work
1 6.04 Time of Filing Claims
6.05 Continuing Performance
6.06 Arbitration
1 7. Abandonment of Contract
7.01 Abandonment by Contractor
7.02 Abandonment by Owner
1 S. Subcontractors
1 8.01 Award of Subcontracts for Portions of Work
8.02 Subcontractual Relations
8.03 Payments to Subcontractors
1 9. Separate Contracts
1 9.01 Owner's Right to Award Separate Contracts
9.02 Mutual Responsibility of Contractors
9.03 Cutting and Patching Under Separate contracts
1 10. Protection of Persons and Property
1 10.01 Safety Precautions and Programs
10.02 Safety of Persons and Property
10.03 Location and Protection of Utilities
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General Conditions of Agreement
1. Definition of Terms
1.01 Owner, Contractor and Engineer
1.02 Contract Documents
gencond.mmispec
The Owner, the Contractor and the Engineer and those persons or organization
identified as such in the Agreement and are referred to throughout the contract
Documents as if singular in number and masculine in gender. The term Engineer
means the Engineer or his duly authorized representative. The Engineer shall be
understood to be the Engineer of the Owner, and nothing contained in the Contract
Documents shall create any contractual or agency relationship between the Engineer
and the Contractor.
The Contract Documents shall consist of the Notice to Contractors, Instructions to
Bidders, Proposal, Signed Agreement, Performance and Payment Bonds (when
required), Special Bonds (when required), General Conditions of the Agreement,
Construction Specifications, Plans and all modifications thereof incorporated in any of
documents before the execution of the agreement.
The Contract Documents are complementary, and what is called for by any one shall be
as binding as if called for by all. In case of conflict between any of Contract
documents, priority of interpretation shall be in the following order: Signed Agreement,
Performance and Payment Bonds, Special Bonds (if any), Proposal, Special Conditions
of Agreement, Notice to Contractors, Technical Specifications, Plans, and General
Conditions of Agreement.
1.03 Subcontractor
The term Subcontractor, as employed herein, includes only those having a direct
contract with the Contractor and it includes one who furnishes material worked to
special design according to the plans or specifications of this work, but does not include
one who merely furnishes material not so worked.
1.04 Sub subcontractor
The term Sub - Subcontractor means one who has a direct or indirect contract with a sub-
contractor to perform any of the work at the site and includes one who furnishes
material worked to a special design according to the plans or specifications of this
work, but does not include one who merely furnishes material not so worked.
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1.05 Written Notice
1.06 Work
gencund.mst/spec
Written notice shall be deemed to have been duly served if delivered in person to the
individual or to an officer of the corporation for whom it is intended, or if delivered at
or sent by registered mail to the last business address known to him who gives the
notice.
The Contractor shall provide and pay for all materials, machinery, equipment, tools,
superintendence, labor, services, insurance, and all water, light, power, fuel,
transportation and other facilities necessary for the execution and completion of the
work covered by the contract documents. Unless otherwise specified, all materials
shall be new and both workmanship and materials shall be of a good quality. The
Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of
materials. Materials or work described in words which so applied have a well known
technical or trade meaning shall be held to refer to such recognized standards.
1.07 Extra Work
The term "Extra Work" as used in this contract shall be understood to mean and include
all work that may be required by the Engineer or Owner to be done by the Contractor
to accomplish any change, alteration or addition to the work shown upon the plans, or
reasonably implied by the specifications, and not covered by the Contractor's Proposal,
except as provided under "Changes and Alteration," herein.
1.08 Working Day
A "Working Day" is defined as any day not including Saturdays, Sundays or any legal
holidays, in which weather or other conditions, not under the control of the Contractor,
will permit construction of the principal units of the work for a period of not less than
seven (7) hours between 7:00 a.m. and 6:00 p.m.
1.09 Calendar Day
"Calendar Day" is any day of the week or month, no days being excepted.
1.10 Substantially Completed
By the term "substantially completed" is meant that the structure has been made suitable
for use or occupancy or the facility is in condition to serve its intended purpose, but
still may require minor miscellaneous work and adjustment.
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2. Responsibilities of the Engineer and the Contractor
2.01 Owner- Engineer Relationship
gcond.mst/sac
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
gencond.msuspec
In the event the Engineer renders any decision which, in the opinion of either party
hereto, is not in accordance with the meaning and intent of this contract, either party
may file with the Engineer within thirty (30) days his written objection to the decision,
and by such action may reserve the right to submit the question so raised to arbitration
as hereinafter provided.
2.06 Lines and Grades
Unless otherwise specified, all lines and grades shall be furnished by the Engineer or
his representative. Whenever necessary, construction work shall be suspended to
permit performance of this work, but such suspension will be as brief as practicable and
the Contractor shall be allowed no extra compensation therefor. The contractor shall
give the Engineer ample notice of the time and place where lines and grades will be
needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in
case of careless destruction or removal by him or his employees, such stakes, marks,
etc., shall be replaced at the Contractor's expense.
2.07 Contractor's Duty and Superintendence
The Contractor shall give adequate attention to the faithful prosecution and completion
of this contract and shall keep on the work, during its progress, a competent English -
speaking superintendent and any necessary assistants to supervise and direct the work.
The superintendent shall represent the Contractor in his absence and all directions given
to him shall be as binding as if given to the Contractor.
The Contractor is and at all times shall remain an independent contractor, solely
responsible for the manner and method of completing his work under this contract, with
full power and authority to select the means, method and manner of performing such
work, so long as such methods do not adversely affect the completed improvements, the
Owner and Engineer being interested only in the result obtained and conformity of such
completed improvements to the plans, specifications and contract.
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Likewise, the Contractor shall be solely responsible for the safety of himself, his
employees and other persons, as well as for the protection and safety of the
improvements being erected and the property of himself or any other person, as a result
of his operations hereunder. Engineering construction drawings and specifications as
well as any additional information concerning the work to be performed passing from
or through the Engineer shall not be interpreted as requiring or allowing Contractor to
deviate from the plans and specifications, the intent of such drawings, specifications
and any other such information being to define with specificity the agreement of the
parties as to the work the Contractor is to perform. Contractor shall be fully and
completely liable, at his own expense, for design, construction, installation and use, or
non -use of all items and methods incident to performance of the contract, and for all
loss, damage or injury incident thereto, either to person or property, including, without
limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding,
machinery or equipment, safety precautions or devices, and similar items or devices
used by him during construction.
Any review of work in process, or any visit or observation during construction, or any
clarification of plans and specifications, by the Engineer or Owner, or any agent,
employee, or representative of either of them, whether through personal observation on
the project site or by means of approval of shop drawings for temporary construction or
construction processes, or by other means or method, is agreed by the Contractor to be
for the purpose of observing the extent and nature of work completed or being
performed, as measured against the drawings and specifications constituting the
contract, or for the purpose of enabling Contractor to more fully understand the plans
and specifications so that the completed construction work will conform thereto, and
shall in no way relieve the Contractor from full and complete responsibility for the
proper performance of his work on the project, including but not limited to the
propriety of means and methods of the Contractor in performing said contract, and the
adequacy of any designs, plans or other facilities for accomplishing such performance.
Deviation by the Contractor from plans and specifications that may have been in
evidence during any such visitation or observation by the Engineer, or any of his
representatives, whether called to the contractor's attention or not shall in no way
relieve Contractor from his responsibility to complete all work in accordance with said
plans and specifications.
2.08 Contractor's Understanding
gencond.rnsrlspec
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
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Owner or the Engineer if, in the prosecution of the work, he finds that the actual site or
subsurface conditions encountered do not conform to those indicated by excavation, test
excavation, test procedures, borings, explorations or other subsurface excavations. No
verbal agreement or conversation with any officer, 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
geocond.msNspec
The building of structures for housing workers, or the erection of tents or other forms
of protection, will be permitted only at such places as the Engineer shall direct, and the
sanitary conditions of the grounds in or about such structures shall at all times be
maintained in a manner satisfactory to the Engineer.
2.11 Sanitation
Necessary sanitary conveniences for the use of laborers on the work, properly secluded
from public observation, shall be constructed and maintained by the Contractor in such
manner and at such points as shall be approved by the Engineer, and their use shall be
strictly enforced.
2.12 Shop Drawings
The Contractor shall submit to the Engineer, with such promptness as to cause no delay
in his own work or in that of any other Contractor, four (4) checked copies, unless
otherwise specified, of all shop and /or setting drawings and schedules required for the
work of the various trades, and the Engineer shall pass upon them with reasonable
promptness, making desired corrections. The Contractor shall make any corrections
required by the Engineer, file with him two (2) corrected copies and furnish such other
copies as may be needed. The Engineer's review of such drawings or schedules shall
not relieve the Contractor from responsibility for deviations from drawings or
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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 specifications and
within the contract time.
Such review by the Engineer shall be for the sole purpose of determining the general
conformity of said shop drawings or schedules to result in finished improvements in
conformity with the plans and specifications, and shall not relieve the Contractor of his
duty as an independent contractor as previously set forth, it being expressly understood
and agreed that the Engineer does not assume any duty to pass upon the propriety or
adequacy of such drawings or schedules, or any means or methods reflected thereby, in
relation to the safety of either person or property during Contractor's performance
hereunder.
2.13 Preliminary Approval
The Engineer shall not have the power to waive the obligations of this contract for the
furnishing by the Contractor of good material, and of his performing good work as
herein described, and in full accordance with the plans and specifications. No failure
or omission of the Engineer to discover, object to or condemn any defective work or
material shall release the Contractor from the obligations to fully and properly perform
the contract, including without limitations, the obligation to at once tear out, remove
and properly replace the same at any time prior to final acceptance upon the discovery
of said defective work or material; provided, however, that the Engineer shall, upon
request of the Contractor, inspect and accept or reject any material furnished, and in
event the material has been once accepted by the Engineer, such acceptance shall be
binding on the Owner, unless it can be clearly shown that such material furnished does
not meet the specifications for this work.
Any questioned work may be ordered taken up or removed for re- examination, by the
Engineer, prior to final acceptance, and if found not in accordance with the plans
and /or specifications for said work, all expense of removing, re- examination and
replacement shall be bome by the Contractor, otherwise the expense thus incurred shall
be allowed as Extra Work, and shall be paid for by the Owner; provided that, where
inspection or approval is specifically required by the specifications prior to performance
of certain work, should the Contractor proceed with such work without requesting prior
inspection or approval he shall bear all expense of taking up, removing, and replacing
this work if so directed by the Engineer.
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2.14 Defects and Their Remedies
gencond.msUspec
It is further agreed that if the work or any part thereof, or any material brought on the
site of the work for use in the work or selected for the same, shall be deemed by the
Engineer as unsuitable or not in conformity with the plans, specifications, or the intent
thereof, the Contractor shall after receipt of written notice thereof from the Engineer,
forthwith remove such material and rebuild or otherwise remedy such work so that it
shall be in full accordance with this contract.
2.15 Changes and Alterations
The Contractor further agrees that the Owner may make such changes and alterations as
the Owner may see fit, in the line, grade, form, dimensions, plans or materials for the
work herein contemplated, or any part thereof, either before or after the beginning of
the construction, without affecting the validity of this contract and the accompanying
Performance and Payment Bonds.
If such changes or alterations diminish the quantity of the work to be done, they shall
not constitute the basis for a claim for damages, or anticipated profits on the work that
may be dispensed with, except as provided for unit price items under Section 5
"Measurement and Payment ". If the amount of work is increased, and the work can
fairly be classified under the specifications, such increase shall be paid for according to
the quantity actually done and at the unit price, if any, established for such work under
this contract, except as provided for unit price items under Section 5 "Measurement and
Payment "; otherwise, such additional work shall be paid for as provided under Extra
Work. In case the Owner shall make such changes or alterations as shall make useless
any work already done or material already furnished or used in said work, then the
Owner shall recompense the Contractor for any material or labor so used, and for any
actual loss occasioned by such change, due to actual expense incurred in preparation for
the work as originally planned.
2.16 Inspectors
The Engineer may provide one (or more) field inspectors at the work site for the
limited purpose of observing the work in progress and reporting back to the Engineer
on the extent, nature, manner and performance of the work so that the Engineer may
more effectively perform his duties hereunder. Such inspectors may also communicate
between Engineer and Contractor their respective reports, opinions, questions, answers
and clarifications concerning the plans, specifications and work but shall not be deemed
the agent of the Contractor for all purposes in communicating such matters.
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Such inspector may confer with the Contractor or Contractor's superintendent
concerning the prosecution of the work and its conformity with the plans and
specifications but shall never be, in whole or part, responsible for, charged with, nor
shall he assume, any authority or responsibility for the means, methods or mariner 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 or Engineer from requiring that all work be fully and properly performed
including, if necessary, removal of defective or otherwise unacceptable work and the
re -doing of such work.
3. General Obligations and Responsibilities
3.01 Keeping of Plans and Specifications Accessible
The Engineer shall furnish the Contractor with an adequate and reasonable number of
copies of all plans and specifications without expense to him and the Contractor shall
keep one (1) copy of the same constantly accessible on the work, with the latest
revisions noted thereon.
3.02 Ownership of Drawings
All drawings, specifications and copies thereof furnished by the Engineer shall not be
reused on other work, and, with the exception of the signed contract sets, are to be
returned to him on request, at the completion of the work. All models are the property
of the Owner.
3.03 Adequacy of Design
It is understood that the Owner believes it has employed competent engineers and
designers. It is therefore agreed that the Owner shall be responsible for the adequacy
of the design, sufficiency of the Contract Documents, the safety of the structure and the
practicability of the operations of the completed project; provided the Contractor has
complied with the requirements of the said Contract Documents, all approved
modifications thereof, and additions and alterations thereto approved in writing by the
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Owner. The burden of proof of such compliance shall be upon the Contractor to show
that he has complied with the said requirements of the Contract Documents, approved
modification thereof and all approved additions and alterations thereto.
3.04 Right of Entry
The Owner reserves the right to enter the property or location of which the works
herein contracted for are to be constructed or installed, by such agent or agents as he
may elect, for the purpose of inspecting the work, or for the purpose of constructing or
installing such collateral work as said Owner may desire.
3.05 Collateral Contracts
The Owner agrees to provide by separate contract or otherwise, all labor and material
essential to the completion of the work specifically excluded from this contract, in such
manner as not to delay the progress of the work, or damage said Contractor, except
where such delays are specifically mentioned elsewhere in the Contract Documents.
The Owner will attempt to coordinate the collateral work of utility companies regulated
by City franchises, but the City shall not be responsible for delays or other damages to
the Contractor which may result from their acts or omissions.
3.06 Discrepancies and Omissions
The Contractor shall provide written notice to the Engineer of any omissions or
discrepancies found in the contract. It is further agreed that it is the intent of this
contract that all work must be done and all material must be furnished in accordance
with the generally accepted practice for construction, and in the event of any
discrepancies between the separate contract documents, the priority of interpretation
defined under "Contract Documents" shall 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.
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3.08 Damages
gencond.mst/spec
In the event the Contractor is damaged in the course of completion of the work by the
act, neglect, omission, mistake or default of the Owner or Engineer, thereby causing
loss to the Contractor, the Owner agrees that he will reimburse the Contractor for such
loss. In the event the Owner is damaged in the course of the work by the act,
negligence, omission, mistake or default of the Contractor, or should the Contractor
unreasonably delay the progress of the work being done by others on the job so as to
cause loss for which the Owner becomes liable, then the Contractor shall reimburse the
Owner for such loss.
3.09 Protection Against Accident to Employees and the Public
The Contractor shall at all times exercise reasonable precautions for the safety of
employees and others on or near the work and shall comply with all applicable
provisions of Federal, State, and Municipal safety laws and building and construction
codes. All machinery and equipment and other physical hazards shall be guarded in
accordance with the "Manual of Accident Prevention in Construction" of the
Associated General Contractors of America except where incompatible with Federal,
State, or Municipal laws or regulations. The Contractor shall provide such machinery
guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The
safety precautions actually taken and their adequacy shall be the sole responsibility of
the Contractor, acting at his discretion as an independent contractor.
In the event there is an accident involving injury to any individual on or near the work,
the Contractor shall immediately notify the Owner and Engineer of the event and shall
be responsible for recording the location of the event and the circumstances
surrounding the event through photographs, interviewing witnesses, obtaining of
medical reports and other documentation that defines the event. Copies of such
documentation shall be provided to the Owner and the Engineer for their records.
3.10 Performance and Payment Bonds
Unless otherwise specified, it is further agreed by the Parties to the Contract that the
Contractor will execute separate performance and payment bonds, each in the sum of
one hundred (100 %) percent of the total contract price, in standard forms for this
purpose, guaranteeing faithful performance of the work and the fulfillment of any
guarantee required, and further guaranteeing payment to all persons supplying labor
and materials or furnishing him any equipment in the execution of the Contract. If the
contract price is $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.
GC -15
gencand.msVspec
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
The said Contractor shall take proper means to protect the adjacent or adjoining
property or properties in any way encountered, which might be injured or seriously
affected by any process of construction to be undertaken under this Agreement, from
any damage or injury by reason of said process of construction; and he shall be liable
for any and all claims for such damage on account of his failure to fully protect all
adjoining property. The Contractor agrees to indemnify, save and hold harmless the
Owner and Engineer against any claim or claims for damages due to any injury to any
adjacent or adjoining property, arising or growing out of the performance of the
contract regardless of whether or not it is caused in part by a party indemnified
hereunder, but any such indemnity shall not apply to any claim of any kind arising
solely out of the existence or character of the work.
3.13 Protection Against Claims of Subcontractors, Laborers, Materialmen and
Furnishers of Machinery, Equipment and Supplies
The Contractor agrees that he will indemnify and save the Owner and Engineer
harmless from all claims growing out the lawful demands of Subcontractors, laborers,
workers, mechanics, materialmen and furnishers of machinery and parts thereof,
equipment, power tools, and all supplies, including commissary, incurred in the
furtherance of the performance of this contract. When so desired by the Owner,
Contractor shall furnish satisfactory evidence that all obligations of the nature
hereinabove designated have been paid, discharged or waived. If the Contractor fails to
do so, then the Owner may at the option of the Contractor either pay directly any
unpaid bills, of which the Owner has written notice, or withhold from the Contractor's
unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and
GC -16
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all such lawful claims until satisfactory evidence is furnished that all liabilities have
been fully discharged, whereupon payments to the Contractor shall be resumed in full,
in accordance with the terms of this contract, but in no event shall the provisions of this
sentence be construed to impose any obligation upon the Owner by either the
Contractor or his Surety.
3.14 Protection Against Royalties or Patented Invention
The Contractor shall pay all royalties and license fees, and shall provide for the use of
any design, device, material or process covered by letter patent or copyright by suitable
legal agreement with the patentee or owner. The contractor shall defend all suits or
claims for infringement of any patent or copyright rights and shall indemnify and save
the Owner and Engineer harmless from any loss on account thereof, except that the
Owner shall defend all such suits and claims and shall be responsible for all such loss
when a particular design, device, material or process or the product of a particular
manufacturer or manufacturers is specified or required by the Owner; provided,
however, if choice of alternate design, device, material or process is allowed to the
Contractor, then Contractor shall indemnify and save Owner harmless form any loss on
account thereof. If the material or process specified or required by the Owner is known
by the Contractor to be an infringement, the Contractor shall be responsible for such
loss unless he promptly gives such information to the Owner.
3.15 Laws and Ordinances
The Contractor shall at all times observe and comply with all Federal, State and local
laws, ordinance and regulations, which in any manner affect the contract or the work,
and shall indemnify and save harmless the Owner and Engineer against any claim
arising from the violation of any such laws, ordinances, and regulations whether by the
Contractor or his employees, except where such violations are called for by the
provisions of the Contract Documents. If the Contractor observes that the plans and
specifications are at variance therewith, he shall promptly notify the Engineer in
writing, and any necessary changes shall be prepared as provided in the contract for
changes in the work. If the Contractor performs any work 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.
GC -17
1
3.16 Assignment and Subletting
The Contractor further agrees that he will retain personal control and will give his
personal attention to the fulfillment of this contract and that he will not assign by Power
of Attorney, or otherwise, or sublet said contract without the written consent of the
Engineer, and that no part or feature of the work will be sublet to anyone objectionable
to the Engineer or the Owner. The Contractor further agrees that the subletting of any
portion or feature of the work, or materials required in the performance of this
contract, shall not relieve the Contractor from his full obligations to the Owner, as
provided by this Agreement.
3.17 Indemnification
The Contractor shall defend, indemnify and hold harmless the Owner and the Engineer
and their respective officers, agents and employees, from and against all damages,
claims, losses, demands, suits, judgements and costs, including reasonable attorneys'
fees and expenses, arising out of or resulting from the performance of the work,
provided that any such damages, claim, loss, demand, suit, judgment, cost or expense:
1. Is attributable to bodily injury, sickness, disease or death to any person
including Contractor's employees and any Subcontractor's employees and any
Sub - Subcontractor's employees or to injury to or destruction of tangible
property including Contractor's property (other than the work itself) and the
property of any Subcontractor of Sub - Subcontractor including the loss of use
resulting therefrom; and,
2. Is caused in whole or in part by any intentional or negligent act or omission of
the Contractor, any Subcontractor, any Sub - subcontractor or anyone directly or
indirectly employed by any one of them or anyone for whose acts any of them
may be liable, regardless of whether or not it is caused in part by a party
indemnified hereunder.
The obligation of the Contractor under this Paragraph shall not extend to the liability of
the Engineer, his agents or employees arising out of the preparation of maps, plans,
reports, surveys, Change Orders, designs or specifications, or the approval of maps,
plans, reports, surveys, Change Orders, designs or specifications or the issuance of or
the failure to give directions or instructions by the Engineer, his agents or employees,
provided such is the sole cause of the injury or damage.
In any and all claims against the Owner or the Engineer or any of their agents or
employees by any employee of the Contractor, any Subcontractor, any Sub-
' Subcontractor, anyone directly or indirectly employed by any of them or anyone for
whose acts any of them may be liable, the indemnification obligation under Paragraph
gencood.mstlspec GC -18
1
3.18 Insurance
The Contractor shall carry insurance as follows for the duration of this contract.
A. Statutory Workmen's Compensation.
Definitions:
gencond.mstlspec
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 coverage ( "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 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:
GC -19
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(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 period shown on the current certificate of coverage ends during
the duration of the project.
The Contractor shall retain all required certificates 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,
GC-20
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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
coverage, 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;
(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.
GC -21
gencond.msdspec
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 governmental 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 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.
GC-22
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
gencmtd.mst /spec
Upon the completion of the work and before acceptance and final payment will be
made, the Contractor shall clean and remove from the site of the work, surplus and
discarded materials, temporary structures and debris of every kind. He shall leave the
site of the work in a neat and orderly condition at least equal to that which originally
existed. Surplus and waste materials removed from the site of the work shall be
disposed of at locations satisfactory to the Engineer.
In the event Contractor fails or refuses to clean and remove surplus materials and debris
as above provided, the Owner or Engineer may do so, or cause same to be done, at the
Contractor's expense and the reasonable cost thereof shall be deducted from the final
payment.
3.20 Guarantee Against Defective Work
The contractor warrants the materials and workmanship and that the work is in
conformance with the plans and specifications included in this contract for a period of
one year from the date of acceptance of the project. Said warranty binds the
contractor to correct any work that does not conform with such plans and
specifications or any defects in workmanship or materials furnished under this contract
which may be discovered within the said one year period. The Contractor shall at his
own expense correct such defect within thirty days after receiving written notice of such
defect from the Owner or Engineer by repairing same to the condition called for in the
contract documents and plans and specifications. Should the Contractor fail or refuse to
repair such defect within the said thirty day period or to provide acceptable assurances
that such repair work will be completed within a reasonable time thereafter, the Owner
may repair or cause to be repaired any such defect at the Contractor's expense.
3.21 Testing of Materials
Unless otherwise specified, testing of all materials to be incorporated into the project
will be as directed by the Engineer at the expense of the Owner. All re- testing for
work rejected on the basis of test results will be at the expense of the Contractor and
GC-23
the extent of the re- testing shall be determined by the Engineer. The Engineer may
require additional testing for failing tests and may require two passing re -tests before
acceptance will be made by the Owner. The testing laboratory will be designated by
the Owner.
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 (Information From Chapter 2258 Texas Government Code Title 10)
2288.021. Duty of Government Entity to Pay Prevailing Wage Rates
a. The state or any political subdivision of the state shall pay a worker employed by it
or on behalf of it:
(1) not less than the general prevailing rate of per diem wages for work
of a similar character in the locality in which the work is performed;
and
(2) not less than the general prevailing rate of per diem wages for legal
holiday and overtime work.
b. Subsection (a) does not apply to maintenance work.
c. A worker is employed on a public work for the purposes of this section if the
worker is employed by a contractor or subcontractor in the execution of a contract
for the public work with the state, a political subdivision of the state, or any officer
or public body of the state or a political subdivision of the state.
2258.023. Prevailing Wage Rates to be Paid by Contractor and Subcontractor;
Penalty
a. The contractor who is awarded a contract by a public body or a subcontractor of the
contractor shall pay not less than the rates determined under Section 2258.022 to a
worker employed by it in the execution of the contract.
b. A contractor or subcontractor who violates this section shall pay to the state or a
political subdivision of the state on whose behalf the contract is made, $60 for each
worker employed for each calendar day or part of the day that the worker is paid
less than the wage rates stipulated in the contract. A public body awarding a
Contract shall specify this penalty in the contract.
c. A contractor or subcontractor does not violate this section if a public body
awarding a contract does not determine the prevailing wage rates, and specify the
rates in the contract as provided by Section 2258.022.
d. The public body shall use any money collected under this section to offset the costs
gencuM.msuspx GC-24
genco d.msUspec
incurred in the administration of this chapter.
e. A municipality is entitled to collect a penalty under this section only if the
municipality has a population of more than 10,000.
2258.051. Duty of Public Body to Hear Complaints and Withhold Payment
A public body awarding a contract, and an agent or officer of the public body, shall
1. take cognizance of complaints of all violations of this chapter committed in the
execution of the contract; and
2. withhold money forfeited or required to be withheld under this Chapter from the
payments to the contractor under the contract, except that, the public body may not
withhold money from other than the final payment without determination by the
public body that there is good cause to believe that the contractor has violated this
chapter.
Applicable wage rates are shown in Section 06 - WAGE RATES of the SPECIAL
CONDITIONS.
4. Prosecution and Progress
4.01 Time and Order of Completion
It is the meaning and intent of this contract, unless otherwise herein specifically
provided, that the Contractor shall be allowed to prosecute his work at such times and
seasons, in such order of precedence, and in such manner as shall be most conducive to
economy of construction; provided, however, that the order and the time of prosecution
shall be such that the work shall be substantially completed as a whole and in part, in
accordance with this contract, the plans and specifications, 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.
GC-25
WRI001 July 1997
1
1 4.02 Extension of Time
1 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
1 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
1 of the cause of such delay. Adverse weather conditions will not be justification for
extension of time on "Calendar Days" contracts.
1 4.03 Hindrances and Delays
No claims shall be made by the Contractor for damages resulting from hindrances or
1 delays from any cause (except where the work is stopped by order of and for the
convenience of the Owner) during the progress of any portion of the work embraced in
this contract. In case said work shall be stopped by the act of the Owner, then such
expense as in the judgment of the Engineer is caused by such stoppage of said work shall
be paid by the Owner to the Contractor.
5. Measurement and Payment
5.01 Quantities and Measurements
1 No extra or customary measurements of any kind will be allowed, but the actual
measured and /or computed length, area, solid contents, number and weight only shall be
considered, unless otherwise specifically provided.
5.02 Estimated Quantities
This agreement, including the specifications, plans and estimate, is intended to show
clearly all work to be done and material to be furnished hereunder. Where the estimated
quantities are shown for the various classes of work to be done and material to be
furnished under this contract, they are approximate and are to be used only as a basis for
estimating the probable cost of the work and for comparing the proposals offered for the
work. It is understood and agreed that the actual amount of work to be done and
material to be furnished under this contract may differ somewhat from these estimates,
and that where the basis for payment under this contract is the unit price method,
payment shall be for the actual amount of such work done and material furnished.
grncond.mst/spec GC -2 6
1
Where payment is based on the unit price method, the Contractor agrees that he will •
make no claim for damages, anticipated profits or otherwise on account of any
differences which may be found between the quantities of work actually done, the
material actually furnished under this contract and the estimated quantities contemplated
and contained in the proposal; provided, however, that in case the actual quantity of any
major item should become as much as 20% more than, or 20% less than the estimated or
contemplated quantity for such items, then either party to this Agreement, upon demand,
shall be entitled to revised consideration upon the portion of the work above or below
20% of the estimated quantity.
A "Major Item" shall be construed to be any individual bid item incurred in the proposal
that has a total cost equal to or greater that five (5) percent of the total contract cost,
computed on the basis of the proposal quantities and the contract unit prices.
Any revised consideration is to be determined by agreement between the parties,
otherwise by the terms of this Agreement, as provided under 'Extra Work ".
5.03 Price of Work
5.04 Partial Payments
gencond.mstIspec
In consideration of the furnishing of all the necessary labor, equipment and material, and
the completion of all work by the Contractor, and on the completion of all work and on
the delivery of all material embraced in this Contract in full conformity with the
specifications and stipulations herein contained, the Owner agrees to pay the Contractor
the prices set forth in the Proposal hereto attached, which has been made a part of this
contract. The Contractor hereby agrees to receive such prices in full for furnishing all
material and all labor required for the aforesaid work, also for all expense incurred by
him, and for well and truly performing the same and the whole thereof in the manner and
according to this Agreement.
On or before the 1st day of each month, the Contractor shall submit to the Engineer a
statement showing the total value of the work performed up to and including the 25th day
of the preceding month. The statement shall also include the value of all sound materials
delivered on the job site and to be included in the work and all partially completed work
whether bid as a lump sum or a unit item which in the opinion of the Engineer is
acceptable. The Engineer shall examine and approve or modify and approve such
statement.
The Owner shall then pay the Contractor on or before the 20th day of the current month
the total amount of the approved statement, less 10 percent of the amount thereof, which
10 percent shall be retained until final payment, and further less all previous payments
GC-27
gencond.mSJSpec
and all further sums that may by retained by the Owner under the terms of this
Agreement. It is understood, however, that in case the whole work be near to
completion and some unexpected and unusual delay occurs due to no fault or neglect on
the part of the Contractor, and Owner may - upon written recommendation of the
Engineer - pay a reasonable and equitable portion of the retained percentage to the
Contractor; or the Contractor at the Owner's option, may be relieved of the obligation to
fully complete the work and, thereupon, the Contractor shall receive payment of the
balance due him under the contract subject only to the conditions stated under "Final
Payment".
5.05 Use of Completed Portions
The Owner shall have the right to take possession of and use any completed or partially
completed portions of the work, notwithstanding the time for completing the entire work
or such portions may not have expired but such taking possession and use shall not be
deemed an acceptance of any work not completed in accordance with the Contract
Documents. If such prior use increases the cost of or delays the work, the Contractor
shall be entitled to such extra compensation, or extension of time, or both, as the
Engineer may determine.
The Contractor shall notify the Engineer when, in the Contractor's opinion, the contract
is "substantially completed" and when so notifying the Engineer, the Contractor shall
furnish to the Engineer in writing a detailed list of unfinished work. The Engineer will
review the Contractor's list of unfinished work and will add thereto such items as the
Contractor has failed to include. The "substantial completion" of the structure or facility
shall not excuse the Contractor from performing all of the work undertaken, whether of a
minor or major nature, and thereby completing the structure or facility in accordance
with the Contract Documents.
5.06 Final Completion and Acceptance
Within ten (10) days after the Contractor has given the Engineer written notice that the
work has been completed, or substantially completed, the Engineer and the Owner shall
inspect the work and within said time, if the work be found to be completed in
accordance with the Contact Documents, the Engineer shall issue to the Owner and the
Contractor his Certificate of Completion, and thereupon it shall be the duty of the Owner
to issue a Certificate of Acceptance of the work to the Contractor or to advise the
Contractor in writing of the reason for non - acceptance.
5.07 Final Payment
Upon the issuance of the Certificate of Completion, the Engineer shall proceed to make
final measurements and prepare final statement for the value of all work performed and
GC -2 8
gencond.mstlspec
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 final
payment, nor any provision in the Contract Documents, shall relieve the Contractor of
the obligation for fulfillment of any warranty which may be required.
5.08 Payments Withheld
The Owner may, on account of subsequently discovered evidence, withhold or nullify the
whole or part of any certificate to such extent as may be necessary to protect himself
from loss on account of:
a) Defective work not remedied or other obligations hereunder not done.
b) Claims filed or reasonable evidence indicating probable filing of claims.
c) Failure of the Contractor to make payments properly to subcontractors or for
material or labor.
d) Damage to the Owner or another contractor's work, material or equipment.
e) Reasonable doubt that the work can be completed for the unpaid balance of the
contract amount.
f) Reasonable indication that the work will not completed within the contract time.
g) Other causes affecting the performance of the contract.
When the above grounds are removed or the Contractor provides a Surety Bond
satisfactory to the Owner, which will protect the Owner in the amount withheld, payment
shall be made for amounts withheld because of them.
5.09 Delayed Payments
Should the Owner fail to make payment to the Contractor of the sum named in any
partial or final statement, when payment is due, then the Owner shall pay to the
Contractor, in addition to the sum shown as due by such statement, interest thereon at the
rate of 6% per annum, unless otherwise specified, from date due as provided under
'partial payments' and fmal 'payments,' until fully paid, which shall fully liquidate any
injury to the Contractor growing out of such delay m payment. It is expressly agreed
that delay by the Owner in making payment to the Contractor of the sum named in any
GC -2 9
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
6.03 Extra Work
gencond.msdspec
The Engineer may authorize minor changes in the work not inconsistent with the overall
intent of the Contract Documents and not involving an increase in Contract Price. If the
Contractor believes that any minor change or alteration authorized by the Engineer
involves Extra Work and entitles him to an increase in the Contract Price, the Contractor
shall make written request to the Engineer for a written Field Order.
In such case, the Contractor by copy of his communication to the Engineer or otherwise
in writing shall advise the Owner of his request to the Engineer for a written Field Order
and that work involved may result in an increase in the Contract Price.
Any request by the Contractor for a change in Contract Price shall be made prior to
beginning the work covered by the proposed change.
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
GC-30
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can be fairly classified within the various work item descriptions and for work items that
cannot be so classified by one or more of the following methods:
Method (A)
By agreed unit prices; or
Method (B)
By agreed lump sum; or
Method (C)
If neither Method (A) nor Method (B) be agreed upon before the Extra
Work is commenced, then the Contractor shall be paid the "actual field
cost" of the work, plus fifteen (15) percent.
In the event said Extra Work be performed and paid for under Method (C), then the
provisions of this paragraph shall apply and the "actual field cost" is hereby defined to
include the cost to the Contractor of all workmen, such as foreman, timekeepers,
mechanics and laborers, and materials, supplies, trucks, rentals on machinery and
equipment, for the time actually employed or used on such Extra Work, plus actual
equipment, for the time actually employed or used on such Extra Work, plus actual
transportation charges necessarily incurred, together with all power, fuel, lubricants,
water and similar operating expenses, also all necessary incidental expenses incurred
directly on account of such Extra Work, including Social Security, Old Age Benefits and
other payroll taxes, and, a rateable proportion of premiums on Performance and Payment
Bonds and Maintenance Bonds, Public Liability and Property Damage and Workmen's
Compensation, and all other insurance as may be required by any law or ordinance, or
directed by the Owner, or by them agreed to. The Engineer may direct the form in
which accounts of the "actual field cost" shall be kept and the records of these accounts
shall be made available to the Engineer. The Engineer or Owner may also specify in
writing, before the work commences, the method of doing the work 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
GC -31
gencond.msUspec
cost" as herein defined, save that where the Contractor's Camp or Field Office must be
maintained primarily on account of such Extra Work; then the cost to maintain and
operate the same shall be included in the "actual field cost."
No claim for Extra Work of any kind will be allowed unless ordered in writing by the
Engineer. In case any orders or instructions, either oral or written, appear to the
Contractor to involve Extra Work for which he should receive compensation or an
adjustment in the construction time, he shall make written request to the Engineer for
written order authorizing such Extra Work. Should a difference of opinion arise as to
what does or does not constitute Extra Work, or as to the payment therefor, and the
Engineer insists upon its performance, the Contractor shall proceed with the work after
making written request for written order and shall keep an accurate account of the "actual
field cost" thereof, as provided under Method (C). The Contractor will thereby preserve
the right to submit the matter of payment to arbitration, as hereinbelow provided.
6.04 Time of Filing Claims
It is further agreed by both parties hereto that all questions of dispute or adjustment
presented by the Contractor shall be in writing and filed with the Engineer within thirty
(30) days after the Engineer has given any directions, order or instruction to which the
Contractor desires to take exception. The Engineer shall reply within thirty (30) days to
such written exceptions by the Contractor and render his final decision in writing. In
case the Contractor should appeal from the Engineer's decision, any demand for
arbitration shall be filed with the Engineer and the Owner in writing within ten (10) days
after the date of delivery to Contractor of the Engineer's final decision. It is further
agreed that final acceptance of the work by the Owner and the acceptance by the
Contractor of the final payment shall be a bar to any claims by either party, except
claims by Owner for defective work or enforcement of warranties and except as noted
otherwise in the contract documents.
6.05 Continuing Performance
The Contractor shall continue performance of the contract during all disputes or
disagreements with the Owner. The production or delivery of goods, the furnishing of
services and the construction of projects or facilities shall not be delayed, prejudiced or
postponed pending resolution of any disputes or disagreements, except as the Owner may
otherwise agree in writing.
6.06 Arbitration
All questions of dispute under this Agreement shall be submitted to arbitration at the
request of either party to the dispute. The parties may agree upon one arbiter, otherwise,
there shall be three, one named in writing by each party, and the third chosen by the two
GC -32
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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.
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
GC-33
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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 hereinaeove, shall be issued. A complete itemized statement of the
contract accounts, certified to by the Engineer as being correct, shall then be prepared
and delivered to the Contractor and his Surety, whereupon the Contractor and /or his
Surety, or the Owner as the case may be, shall pay the balance due as reflected by said
statement, within fifteen (15) days after the date of such Certificate of Completion.
GC -3 4
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
geoco d.msuspec
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 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.
GC-35
8. Subcontractors
8.01 Award of Subcontracts for Portions of the Work
gencond.mst/spec
Unless otherwise specified in the Contract Documents or in the Instructions to Bidders,
the Contractor, as soon as practicable after the award of the Contract, shall furnish to the
Engineer in writing for acceptance by the Owner and the Engineer a list of the names of
the Subcontractors proposed for the principal portions of the work. The Engineer shall
promptly notify the Contractor in writing if either the Owner or the Engineer, after due
investigation, has reasonable objection to any Subcontractor on such list and does not
accept him. Failure of the Owner or Engineer to make objection promptly to any
Subcontractor on the list shall constitute acceptance of such Subcontractor.
The Contractor shall not contract with any Subcontractor or any person or organization
(including those who are to furnish materials or equipment fabricated to a special design)
proposed for portions of the work designated in the Contract Documents or in the
Instructions to Bidders or, if none is so designated, with any Subcontractor proposed for
the principal portions of the work who has been rejected by the Owner and the Engineer.
The Contractor will not be required to contract with any Subcontractor or person or
organization against whom he has a reasonable objection.
If the Owner or Engineer refuses to accept any Subcontractor or person or organization
on a list submitted by the Contractor in response to the requirements of the Contract
Documents or the Instructions to Bidders, the Contractor shall submit an acceptable
substitute and the Contract amount shall be increased or decreased by the difference in
cost occasioned by such substitution and an appropriate change order shall be issued;
however, no increase in the Contract amount shall be allowed for any such substitution
unless the Contractor has acted promptly and responsively in submitting for acceptance
any list or lists of names as required by the Contract Documents or the Instructions to
Bidders.
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.
GC-36
8.02 Subcontractual Relations
gencond.msNspec
All work performed for the Contractor by a Subcontractor shall be pursuant to an
appropriate written agreement between the Contractor and the Subcontractor (and where
appropriate between Subcontractors and Sub - subcontractors) which shall contain
provisions that:
(1) preserve and protect the rights of the Owner and Engineer under the
Contract with respect to the work to be performed under the subcontract
so that the subcontracting thereof will not prejudice such rights;
(2) require that such work be performed in accordance with the requirements
of the Contract Documents;
(3) require submission to the Contractor of the applications for payment under
each subcontract to which the Contractor is a party, in reasonable time to
enable the Contractor to apply for payment in accordance with this
contract;
(4) require that all claims for additional costs, extensions of time, damages for
delays or otherwise with respect to subcontracted portions of the work
shall be submitted to the Contractor (via any Subcontractor or Sub -
subcontractor where appropriate) in sufficient time so that the Contractor
may comply in the manner provided in the Contract Documents for like
claims by the Contractor upon the Owner;
(5) obligate each subcontractor specifically to consent to the provisions of this
section.
A copy of all such Subcontract Agreements shall be filed by the Contractor with the
Engineer before the Subcontractor shall be allowed to commence work.
8.03 Payments to Subcontractors
The Contractor shall pay each Subcontractor, upon receipt of payment from the Owner,
an amount directly based upon the value of the work performed and allowed to the
Contractor on account of such Subcontractor's work, less the percentage retained from
payments to the Contractor. The Contractor shall also require each Subcontractor to
make similar payments to his subcontractors.
If the Engineer fails to approve a payment for any cause which is the fault of the
Contractor and not the fault of a particular Subcontractor, the Contractor shall pay the
Subcontractor on demand, made at any time after the Certificate for Payment should
otherwise have been issued, for his work to the extent completed, less the retained
percentage.
GC-37
The Engineer may, on request and at his discretion, furnish to any Subcontractor, if
practicable, information regarding percentages of completion certified to the Contractor
on account of work done by such Subcontractors.
Neither the Owner nor the Engineer shall have any obligation to pay or to see to the
payment of any moneys to such Subcontractor except as may otherwise be required.
9. Separate Contracts
9.01 Owner's Right to Award Separate Contracts
9.02 Mutual Responsibility of Contractors
gencond.mst/spec
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.
The Contractor shall afford other contractors reasonable opportunity for the introduction
and storage of their materials and equipment and the execution of their work, and shall
properly connect and coordinate his work with theirs.
If any part of the Contractor's work depends for proper execution or results upon the
work of any other separate contractor, the Contractor shall inspect and promptly report
to the Engineer any apparent discrepancies or defects in such work that render it
unsuitable for such proper execution and results. Failure of the Contractor to so inspect
and report shall constitute an acceptance of the other contractor's work as fit and proper
to receive his Work, except as to defects which may develop in the other separate
contractor's work after the execution of the Contractor's Work.
Should the Contractor cause damage to the work or property of any separate contractor
on the project, the Contractor shall, upon due notice, settle with such other contractor by
agreement or arbitration, if he will so settle. If such separate contractor sues the Owner
or initiates an arbitration proceeding on account of any damage alleged to have been so
sustained, the Owner shall notify the Contractor who shall defend such proceedings at the
Contractor's expense, and if any judgment or award against the Owner arises therefrom
the Contractor shall pay or satisfy it and shall reimburse the Owner for all attorney's fees
and court or arbitration costs which the Owner has incurred.
GC-38
9.03 Cutting and Patching under Separate Contracts
The Contractor shall be responsible for any cutting, fitting and patching that may be
required to complete his work except as otherwise specifically provided in the Contract
Documents. The Contractor shall not endanger any work of any other contractors by
cutting, excavating or otherwise altering any work and shall not cut or alter the work of
any other contractor except with the written consent of the Engineer.
Any costs caused by defective or ill -timed work shall be borne by the party responsible
therefor.
10. Protection of Persons and Property
10.01 Safety Precautions and Programs
The Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the work.
10.02 Safety of Persons and Property
The Contractor shall take all reasonable precautions for the safety of, and shall provide
all reasonable protection to prevent damage, injury, or loss to:
gencund.msNspec
(1) all employees on the work and all other persons who may be affected
thereby:
(2) all the work and all materials and equipment to be incorporated therein,
whether in storage or off the site, under the care, custody or control of the
Contractor or any of his Subcontractors or Sub - Subcontractors; and
(3) other property at the site or adjacent thereto, including trees, shrubs,
lawns, walks, pavements, fences, roadways, structures and utilities not
designated for removal, relocation or replacement in the course of
construction.
The Contractor shall comply with all applicable laws, ordinances, rules, regulations and
lawful orders of any public authority having jurisdiction for the safety of persons or
property or to protect them from damage, injury or loss. He shall erect and maintain, as
required by existing conditions and progress of the work, all reasonable safeguards for
safety and protection, including posting danger signs and other warnings against hazards,
promulgating safety regulations and notifying owners and users of adjacent utilities.
When the use or storage of explosives or other hazardous materials or equipment is
necessary for the execution of the work, the Contractor shall exercise the utmost care and
shall carry on such activities under the supervision of properly qualified personnel.
GC -3 9
grncond.mst/spc
All Blasting, including methods of storing and handling explosives and highly
inflammable materials, shall conform to Federal, State, Local Laws and Ordinances. All
City Ordinances shall be complied with even though some or all of the blasting is done
outside the City Limits unless the applicable Ordinance is in conflict with the law of the
jurisdiction where the action is being taken.
The following is a list of requirements in addition to Federal, State, and Local Laws and
Ordinances.
1. The Contractor shall furnish the City of Round Rock with a Certificate of
Blasting Insurance in the amount of $300,000.00 for each contract, at least
twenty -four hours prior to using explosives. A blasting permit must be
obtained from the City at least Live (5) days prior to use of explosives. If
Blasting is covered under the Contractors General Insurance Certificate
for each contract, a separate blasting certificate will not be required.
2. The following public utility companies and City Department will be
notified by the Contractor, on every occasion, at least twenty -four (24)
hours prior to the use of explosives: Water and Wastewater, Electric, Gas,
Telephone and the City Engineering Department.
3. Explosive materials to be used shall be limited to blasting agents and
dynamite, unless prior approval of other materials is obtained in writing
from the Engineering Department.
4. During blasting, all reasonable precautions shall be taken to protect
pedestrians, passing vehicles, and public or private property. Blasting
mats or protective cover shall be used when required by the City
Inspector, the permit, or by safe blasting practices.
5. All explosives shall be stored in accordance with Chapter 5, Section
5.200, of the City Code.
6. The Director of Engineering or his representative shall have the right to
limit the use of explosives and /or blasting methods which in his opinion
are dangerous to the public or nearby property of any kind.
7. The Contractor, at his expense, shall promptly repair or replace all items
known to be damaged as a result of blasting. All claims of damage shall
be investigated by the City or by Consulting Firms approved by the City.
8. The Contractor shall maintain accurate records throughout the Blasting
operations showing the type explosive used, number of holes, pounds per
GC -4 0
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hole, depth of hole, total pounds per shot, delays used, date and time of
blast and initials of the Inspector. The Contractor is fully responsible for
all claims resulting from his blasting operation.
All damage or loss to any property referred to in this article caused in whole or in part
by the Contractor, any Subcontractor, any Sub - subcontractor, or anyone directly or
indirectly employed by any of them, or by anyone for whose acts any of them may be
liable, shall be remedied by the Contractor, except damage or loss attributable solely to
faulty Drawings or Specifications or solely to the acts or omissions of the Owner or
Engineer or anyone employed by either of them, and not attributable in any degree to the
fault or negligence of the Contractor.
The contractor shall designate a responsible member of his organization at the site whose
duty shall be the prevention of accidents. This person shall be the Contractor's
superintendent unless otherwise designated in writing by the Contractor to the Owner and
the Engineer.
10.03 Location and Protection of Utilities
Notwithstanding any other provision of this contract, the Contractor shall be solely
responsible for the location and protection of any and all public utility lines and utility
customer service lines in the work area. The Contractor shall exercise due care to locate
and to mark, uncover or otherwise protect all such lines in the construction zone and any
of the Contractor's work or storage areas. Upon request, the Owner shall provide such
information as it has about the location and grade of water, sewer, gas, and telephone
and electric lines and other utilities in the work area but such information shall not
relieve or be deemed to be in satisfaction of the Contractor's obligation hereunder, which
shall be primary and nondelegable. Any such lines damaged by the Contractor's
operations shall be immediately repaired by the Contractor or he shall cause such damage
to be repaired at his expense.
GC -91
5.0 SPECIAL CONDITIONS
SECTION 01- INFORMATION
01 -01 ENGINEER
specond.mst/specs
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 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON
TIME
The Contractor agrees that time is of the essence for this Contract and
that the definite value of damages which would result from delay would
be incapable of ascertainment and uncertain, so that for each day of
delay beyond the number of days herein agreed upon for the completion
of the work herein specified and contracted for, after due allowance for
such extension of time as is provided for under the provisions of Section
4.02 of the General Conditions, the Owner may withhold permanently
from the Contractor's total compensation, not as penalty but as liquidated
damages, the sum of $250.00 per calendar day.
SC -2
1
01 -05 LOCATION
The location of work shall be as mentioned in the Notice to Bidders and
as indicated on Plans.
1 01 -06 USAGE OF WATER
1 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
1
necessary for procuring, storing, transporting and using water during
construction. The Contractor shall strive to use that amount of water
1 which is reasonable to perform the work associated with this contract and
shall endeavor to avoid excessive waste. The Contractor will be required
to pay for all water used if it is found that unnecessary or excessive waste
is occurring during construction.
1 01 -07 PAY ESTIMATES
If pay estimates from the Contractor are not received by the Engineer on
1 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
1 Contractor.
SECTION 02- SPECIAL CONSIDERATIONS
02 -01 CROSSING UTILITIES
Prior to commencing the work associated with this contract, it shall be the
1 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
1 their own expense, however, where such is not the case, the Contractor
will cause such work to be done at his own expense.
1
1
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1
02 -02 UTILITY SERVICES FOR CONSTRUCTION
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The Contractor will be responsible for providing his own utility services
while performing the work associated with this contract. No additional
payment will be made for this item.
02 -03 GUARANTEES
The Contractor warrants the materials and workmanship and that the work
is in conformance with the plans and specifications included in this
contract for the period that the Warranty Bond, as outlined in Section 04
of the Special Conditions, is in effect. Upon notice from Owner, the
Contractor shall repair defects in all construction or materials which
develop during specified period and at no cost to Owner. Neither final
acceptance, Certificate of Completion, final payment nor any provision in
Contract Documents relieves Contractor of above guarantee. Notice of
observed defects will be given with reasonable promptness. Failure to
repair or replace defect upon notice entitles Owner to repair or replace
same and recover reasonable cost thereof from Contractor.
02 -04 MINIMUM WAGE SCALE
Contractors are required to pay 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 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.
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
SC -4
financial resources. Contractor shall be entitled to no claim for damages
or 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
specond.msUspecs
The Owner shall provide a project representative to review the quality of
materials and workmanship.
02 -07 LIMITS OF WORK AND PAYMENT
It shall be the obligation of the Contractor to complete all work included
in this Contract, so authorized by the Owner, as described in the contract
documents and technical specifications. All items of work not specifically
paid for in the bid proposal shall be included in the unit price bids. Any
question arising as to the limits of work shall be left up to the
interpretation of the Engineer.
02 -08 PAYMENT FOR MATERIALS ON HAND
Owner will not pay for materials on hand. Payment will be made for
work completed in accordance with monthly estimate procedure stipulated
in the General Conditions of the Agreement.
02 -09 "AS- BUILT" DRAWINGS
The Contractor shall mark all changes and revisions on all of his copies of
the working drawings during the course of the Project as they occur.
Upon completion of the Project and prior to final 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
SC -5
distances measured from existing, easily identifiable, immovable
appurtenances such as fire hydrants or valves. Property pins can be used
for as- builts tie -ins provided no existing utilities as previously described
are available. Costs for delivering as -built drawings shall be subsidiary to
other bid items.
02 -10 LAND FOR WORK
Owner provides, as indicated on Drawings, land upon which work is to
done, right -of -way for access to same and such other lands which are
designated for use of Contractor. Contractor provides, at his expense and
without liability of Owner, any additional land and access thereto that may
be required for his construction operations, temporary construction
facilities, or for storage of materials.
02 -11 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES
Whenever existing utilities, not indicated on Plans, present obstructions to
grade and alignment of proposed improvements immediately notify
engineer, who without delay, will determine if existing utilities are to be
relocated, or grade and alignment of proposed improvements changed.
Where necessary to move existing services, poles, guy wires, pipelines,
etc., as determined by the Engineer, the Contractor will make
arrangements with the owner of the utility to be moved and have it
moved. The costs of any utility relocations will be at the Contractor's
sole expense. Owner will not be liable for relocations costs or damages
on account of delays due to changes made by owners of privately owned
utilities which hinder progress of the work.
02 -12 CONSTRUCTION STAKING
specond.mst / specs
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.
SC -6
SECTION 03- TRAFFIC CONTROL
SECTION 04- WARRANTY BOND
specond.mstlspecs
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.
Per City of Round Rock Ordinances, a two (2) year Warranty 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. Warranty 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 Warranty 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 05- INSURANCE
Section 3.18 of the General Conditions of the Agreement is hereby
amended to include the following:
3.18 Insurance
Contractor shall carry insurance in the following types and amounts for
the duration of this Contract, which shall include items owned by Owner
SC -7
specond,mst/specs
in care, custody and control of Contractor prior and during construction
and warranty period, and furnish Certificates of Insurance along with
copies of policy declaration pages and all policy endorsements as evidence
thereof:
a. Statutory Worker's Compensation and minimum $100,000
Employers Liability Insurance.
b. Commercial General Liability Insurance with minimum limits of
$500,000 per occurrence and $1,000,000 Aggregate or $500,000
for this designated project and $100,000 Fire Damage.
c. Automobile Liability Insurance for all owned, nonowned and hired
vehicles with minimum limits for Bodily Injury of $250,000 for
each person and $500,000 for each occurrence and Property
Damage limits of $100,000 or Combined Single Limit of
$600,000.
d. On all new or remodeling building projects: All Risk Builders
Risk Insurance for insurable building projects shall be insured in
the amount of the contract price for such improvements. Owner
and Contractor waive all rights against each other for damages
caused by fire or other perils to the extent covered by Builders
Risk Insurance required under this section, except as to such rights
as they may have in the proceeds of such insurance. Contractor
shall require similar waivers by Subcontractors and Sub -
subcontractors.
e. Owner and Contractor's Protective Policy. The Contractor shall
provide and maintain during the life of this contract and until all
work under said contract has been completed and accepted by the
Owner, an Owner's and Contractor's Protective Policy which co-
insures the Owner and the Owner's agents and employees with the
same Commercial General Liability coverage as described above,
entitled "Commercial General Liability Insurance."
SC -8
specond.msNspecs
When offsite storage is permitted, policy will be endorsed for transit and
off site storage in amounts sufficient to protect property being transported
or stored.
This insurance shall include, as insured, City of Round Rock, Contractor,
Subcontractors and Sub - subcontractors in the work, as their respective
interest may appear.
If insurance policies are not written for amount specified in b. and c.
above, Contractor is required to carry an Excess Liability Insurance
Policy for any difference in amounts specified.
Contractor shall be responsible for deductibles and self insured retentions,
if any, stated in policies. Any self insured retention shall not exceed ten
percent of minimum required limits. All deductibles or self insured
retentions shall be disclosed on Certificate of Insurance required above.
Contractor shall not commence work at site under this Contract until he
has obtained required insurance and until such insurance has been
reviewed by Owner's Contract Administration Office. Contractor shall
not allow any Subcontractors to commence work until insurance required
has been obtained and approved. Approval of insurance by Owner shall
not relieve or decrease liability of Contractor hereunder.
Insurance to be written by a company licensed to do business in the State
of Texas at the time policy is issued and acceptable to owner.
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.
SC -9
specand.mst/specs
3. That the "other" insurance clause shall not apply to Owner where
City of Round Rock is an additional insured shown on policy. It is
intended that policies required in this agreement, covering both
Owner and Contractor, shall be considered primary coverage as
applicable.
Contractor shall not cause any insurance to be canceled nor permit any
insurance to lapse during term of this Contract or as required in the
Contract.
If Contractor is underwritten on a claim -made basis, the retroactive date
shall be prior to, or coincident with, the date of this Contract and the
Certificate of Insurance shall state that coverage is claims made and also
the retroactive date. Contractor shall maintain coverage for duration of
this Contract and for two years following completion of this Contract.
Contractor shall provide the City annually a Certificate of Insurance as
evidence of such insurance. It is further agreed that Contractor shall
provide Owner a 30 day notice of aggregate erosion, an advance of the
retroactive date, cancellation and /or renewal.
It is also agreed that Contractor will invoke the tail option at request of
Owner and the Extended Reporting Period (ERP) premium shall be paid
by Contractor.
Owner reserves the right to review insurance requirements of this section
during effective period of the Contract and to make reasonable
adjustments to insurance coverages and their limits when deemed
necessary and prudent by Owner based upon changes in statutory law,
court decisions or the claims history of the industry as well as Contractor.
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.
5C -10
Actual losses not covered by insurance as required by the section shall be
paid by Contractor.
SECTION 06- WAGE RATES
GENERAL DECISION TX960043 03/15/96 TX43
General Decision Number TX960043
Superseded General Decision No. TX950043
State: TEXAS
Construction Type:
HEAVY
HIGHWAY
County(ies):
BELL CORYELL TRAVIS
BEXAR GUADALUPE WILLIAMSON
BRAZOS HAYS
COMAL MCLENNAN
Heavy (excluding tunnels and dams) and Highway Construction Projects (does not include
building structures in rest area projects). *NOT TO BE USED FOR WORK ON SEWAGE OR
WATER TREATMENT PLANTS OR LIFT /PUMP STATIONS IN BELL, CORYELL,
MCLENNAN AND WILLIAMSON COUNTIES.
Modification Number
0
SUTX2042A 11/16/1991
AIR TOOL OPERATOR
ASPHALT HEATER OPERATOR
ASPHALT RAKER
ASPHALT SHOVELER
specoud.mst/specs
Publication Date
03/15/1996
COUNTY(ies):
BELL CORYELL TRAVIS
BEXAR GUADALUPE WILLIAMSON
BRAZOS HAYS
COMAL MCLENNAN
SC - 11
Rates Fringes
6.500
6.500
7.011
6.550
BATCHING PLANT WEIGHER 8.173
BATTERBOUARD SETTER 7.700
CARPENTER 9.054
CONCRETE FINISHER - PAVING 8.600
CONCRETE FINISHER - STRUCTURES 7.903
CONCRETE RUBBER 6.740
ELECTRICIAN 13.710
FLAGGER 5.150
FORM BUILDER - STRUCTURES 8.017
FORM LINER - PAVING & CURB 7.250
FORM SETTER- PAVING & CURB 7.683
FORM SETTER - STRUCTURES 7.928
LABORER- COMMON 6.078
LABORER- UTILITY 6.852
MECHANIC 10.774
OILER 9.389
SERVICER 7.280
PAINTER - STRUCTURES 10.000
PILEDRIVER 6.600
PIPE LAYER 7.229
BLASTER 9.067
ASPHALT DISTRIBUTOR OPERATOR 7.304
ASPHALT PAVING MACHINE 7.945
BROOM OR SWEEPER OPERATOR 7.117
BULLDOZER, 150 HP & LESS 8.125
BULLDOZER, OVER 150 HP 8.593
CONCRETE PAVING CURING MACHINE 7.633
CONCRETE PAVING FINISHING MACHINE 9.067
CONCRETE PAVING GANG VIBRATOR 7.250
CONCRETE PAVING SAW 6.200
SLIPPORM MACHINE OPERATOR 8.700
CRANE, CLAMSHELL, BACKHOE,
DERRICK, DRAGLINE, SHOVEL
LESS THAN 1 ' C.Y. 8.427
CRANE, CLAMSHELL, BACKHOE,
DERRICK, DRAGLINE, SHOVEL
1 I/ C.Y. &:OVER 9.880
FOUNDATION DRILL OPERATOR.
CRAWLER MOUNTED 10.475
FOUNDATION DRILL OPERATOR 10.923
TRUCK MOUNTED
FRONT END LOADER 2 t/ C.Y. & LESS 7.499
FRONT END LOADER OVER 2 1 C.Y. 8.255
HOIST - DOUBLE DRUM 10.750
MOTOR GRADER OPERATOR 9.657
specond.mat/specs
SC -12
PAVEMENT MARKING MACHINE
PLANER OPERATOR
ROLLER, STEEL WHEEL PLANT -MIX
PAVEMENTS
ROLLER, STEEL WHEEL OTHER
FLATWHEEL OR TAMPING
ROLLER, PNEUMATIC, SELF PROPELLED
SCRAPER -17 C.Y. & LESS
SCRAPER -OVER 17 C.Y.
SELF PROPELLED HAMMER OPERATOR
SIDE BOOM
TRACTOR- CRAWLER TYPE
TRACTOR - PNEUMATIC
TRENCHING MACHINE
WAGON - DRILL /BORING MACHINE /POST
HOLE DRILLER OPERATOR
REINFORCING STEEL SETTER PAVING
REINFORCING STEEL SETTER
STRUCTURES
STEEL WORKER - STRUCTURAL
SIGN ERECTOR
SPREADER BOX OPERATOR
BARRICADE SERVICER WORK ZONE
MOUNTED SIGN INSTALLER PERMANENT
GROUND
TRUCK DRIVER -
TRUCK DRIVER -
TRUCK DRIVER -
TRAILER
TRUCK DRIVER
TRUCK DRIVER -
WELDER
specond.msc/specs
SINGLE AXLE LIGHT
SINGLE AXLE HEAVY
TANDEM AXLE SEMI-
- LOWBOY /FLOAT
TRANSIT MIX
SC - 13
6.078
7.250
7.083
6.403
6.433
7.245
7.495
6.078
9.000
7.539
6.707
6.850
6.926
8.158
9.062
9.242
8.640
6.541
6.078
6.078
6.493
6.674
6.824
8.041
6.078
8.824
Unlisted classifications needed for work not included, within the scope of the classifications
listed may be added after award only as provided in the labor standards contract clauses (29
CFR 5.5 (a) (1) (v)).
In the listing above, the "SU" designation means that rates listed under that identifier do not
reflect collectively. bargained wage and fringe benefit rates. Other designations indicate unions
whose rates have been determined to be prevailing.
END OF GENERAL DECISION
CLASSIFICATION
Rate
Health
Pension
Vacation
Total Wage
ASBESTOS WORKER
$8.78
$0.00
$0.00
$0.00
$8.78
CARPENTER
$15.52
$1.57
$0.97
$0.00
$18.06
CARPET LAYER /FLOORING INSTALLER
$8.00
$0.00
$0.00
$0.00
$8.00
CONCRETE FINISHER
$10.27
50.00
$0.00
$0.00
$10.27
DATA COMMUNICATION /TELECOM
INSTALLER
$12.08
$0.76
$0.50
$0.05
$13.39
DRYWALL INSTALLER /CEILING INSTALLER
$10.91
$0.00
$0.00
$0.00
$10.91
ELECTRICIAN
$17.44
$2,16
$1.05
$1.05
$21.70
ELEVATOR MECHANIC
$16.75
$3.85
$2.19
$1.50
$24.29
FIRE PROOFING INSTALLER
$8.00
$0.00
$0.00
$0.00
$8.00
GLAZIER
$13.60
$2.24
$1.15
$0.54
$17.53
HEAVY EQUIPMENT OPERATOR
$10.56
$0.00
$0.00
$0.00
$10.56
INSULATOR
$13.75
$1.16
$0.92
$0.03
$15.86
IRON WORKER
$12.18
$0.00
$0.00
$0.00
$12.18
LABORER /HELPER
$7.48
$0.02
$0.00
$0.00
$7.50
LATHER/PLASTERER
$12.50
$0.00
$0.00
$0.00
$12.50
LIGHT EQUIPMENT OPERATOR
$7.75
$0.00
$0.00
$0.00
S7.75
MASON
$16.00
$0.00
$0.00
$0.00
$16.00
METAL BUILDING ASSEMBLER
$11.00
$0.62
$0.00
$0.34
$11.96
MILLWRIGHT
$15.91
51.63
$1.00
$0.00
$18.54
PAINTER/WALL COVERING INSTALLER
$8.00
$0.00
$0.00
$0.00
$8.00
PIPEFITTER
$18.10
$1.42
$1.80
50.00
$21.32
PLUMBER
$12.68
$0.00
$0.00
$0.00
$12.68
ROOFER
$10.00
$0.00
$0.00
$0.00
$10.00
SHEET METAL WORKER
$18.40
$2.39
$2.55
$0.33
$23.67
SPRINKLER FITTER
$18.25
53.40
$2.20
$0.00
$23.85
TERRAZZO WORKER
$0.00*
$0.00
$0.00
$0.00
$0.00*
TILE SETTER
$15.00
$0.32
$0.00
$0.00
$15.32
WATERPROOFERICAULKER
$10.64
$0.00
$0.00
$0.00
$10.64
1
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1
1
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COUNTY NAME: WILLIAMSON
specond.msNspecs
PREVAILING WAGE RATE DETERMINATION
BUILDING CONSTRUCTION TRADES
SC - 14
Date Printed: April 15, 1997
*$0.00 in the rate field indicated insufficient data was received to determine a prevailing wage rate for this
classification. Government Code Title 10, Sec. 2258.023, paragraph C state: "A contractor or subcontractor
does not violate this section if a public body awarding a contract does not determine the prevailing wage rates
and specify the rates in the contract as provided in Section 2258.022.
(Property of General Services Commission, Based on 1996 Survey results)
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
ceasspec.mst/spec. 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 AM) 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
2.02 GRADING
t chspec.mst/spec.master
do so by the Engineer.
The Contractor shall, at his own expense, maintain the streets and roads
free from dust, mud, excess earth or debris which constitutes a nuisance
or danger to the public using the thoroughfare, or the 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
techspec. mstispec. mas ter
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
1
1
4.03 TRAF}IC CONTROL MEASURES AND BARRICADES
1 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.
1 4.04 PROPERTY LINES AND MONUMENTS
The Contractor shall be responsible for the protection, reference and
resetting of property corner monuments if disturbed.
4.05 DISPOSAL OF SURPLUS MATERIAL
1 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.
1
1
1
1
1 techspec.mstispec.master TS-4
1
ITEM 5 MATERIALS
5.01 TRADE NAMES
Except as specified otherwise, wherever in the specifications an article or
class of material is designated by a trade name or by the name or catalog
number of any maker, patentee, manufacturer, or dealer, such
designations shall be taken as intending to mean and specify the articles
described or another equal thereto in quality, finish, and serviceability for
the purpose intended, as may be determined and judged by the Engineer
in his sole discretion.
5.02 MATERIALS AND WORKMANSHIP
techspec.msdspec.master
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
WHEREAS, the City of Round Rock has duly advertised for bids
for the construction of the Maxserve wastewater line extension, and
WHEREAS, Schroeder Construction, Inc. has submitted the
lowest and best bid, and
WHEREAS, the City Council wishes to accept the bid of
Schroeder Construction, Inc., Now Therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a contract with Schroeder Construction, Inc. for
the construction of the Maxserve wastewater line extension.
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 26th day of March, 998.
ATTEST:
E LAND, City Secretary
K: \wenocs \RESOLnT \Reoa zsu. wen /ecg
RESOLUTION NO. R- 98- 03- 26 -10A2
(16
CHARLES C __PHPPER, Mayor
City of Round Rock, Texas
b
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John r: 011nrsshl, n.P.r..S,
Jim Gu
San Antonio
Bury +Pittman
March 19, 1998
Mr. Al Willie
City of Round Rock
Department of Public Works
2008 Enterprise Drive
Round Rock, Texas 78664
RE: MaxSery Wastewater Extension
Award of Construction Contract
Dear Al:
On March 17, 1998, the bids for
opened and read aloud at the City
Co., with a bid of $51,550, was the
contractors bidding on this project.
Bury & Pittman, Inc. has not had direct association with Schroeder Construction Co.
We have contacted Michelle Broyles with Longaro & Clark and Leanna Einhouse with
The McGee Group to research the quality of their work. In their opinion, Schroeder
Construction Co. provided exceptional workmanship and constructed their projects
within a timely manner.
Based on the bids received and the above mentioned references, it is our opinion that
the contract should be awarded to Schroeder Construction Co. Should you have any
q uestions or require additional information, please call.
Sin erely,
11
or A. 'Is, ja
I:/ /jai /648•03/willey.la /648 -03, 71 /am
Dalla,
NO. 45E P.2/
•
Bury & Piumml, Inc,
Cmu Er„ineers /Sonryoa
5:594 Hec Cm'e Road /Salle 200
rluslin, Traas 787.to
TM 612 528-001 I
Dix 512/9'26-M 23
w ww intry p i rl m a n.corn
the MaxSery Wastewater extension were publicly
Hall Council Chambers. Schroeder Construction
apparent low bidder. There were a total of nine (9)
A tabulation of the bids is attached to this letter.
Washington, U.C.
0.
2
ITEM
2
3
4
5
6
7
ITEM
_ DESCRIPTION
MOBILIZA110511
DEMOBILIZATION
14,0
WASTEWATER MANHOLE
WITH = 'COVER
4-EA
WASTEWATER MANHOLE
WITH DROP INLET
WITH 32" COVER 1-EA
1218109 SOR-35
WASTEWATER LINE
1000 LF
TIE TO EXISTING
WASTEWATER MANHOLE
1-EA
EROSION/SEDIMENTATION
CONTROL 1-Ls
TRENCH SAFETY
1-LS
BID TOTAL
UNIT
COST
$ 500
$ 1.800
$ 2,300
$ 51.00
2,500
BORAH INC.
ITEM
TOTAL
3 500
0 7,200
$ 2,300
551,000
$ 2,500
801005 10500, WC.
UNIT
COST
$ 10,000
1 2,500
9 3.000
$ 70.00
$ 1,000
ITEM
TOTAL
510,000
510,000
$ 3,000
570,000
$ 1,000
CHEROKEE
CONSTRUCTION
UNIT
COST
$ 4,000
$ 3,600
$ 4,500
5 6800
$ 1,500
ITEM
TOTAL
$ 4,000
14,400
$ 4,500
$ 68,000
0 1,500
SmITH
CONTRACTING c0-
LING
COST
$ 7,500
$ 5.000
$ 6.000
4000
$ 500
ITEM
TOTAL
7,500
920,000
$ 6,000
$40,000
$ 500
$ 5,000
5 1,900
$ 3,000
$ 54.00
$ 300
113,400
$ 2,000
$ 5,000
$ 1,000
$ 5,000
$ 1.000
569,500
$ 2,000
0 1.00
75 2,000
$ 3.00
596,001
$ 13,400
$ 2,000
$107,800
$ 9,000
$ 5000
088.000
AUSTIN N
ENGINEER/NG, INC,
UNIT
COSI"
$ 1,700
$ 3,500
Rat
TOTAL
$ 5,000
$ 7.600
$ 3,000
$ 54,000
$ 300
5 1,700
$ 3,500
75,100
CAPITAL
EXCAVATION CO.
uNiT
COST
$ 3,500
5 2,700
$ 3,900
$ 30.50
$ 830
4,400
5 1,050
FTEIA
TOTAL
$ 3,500
$ 10,850
3.900
$ 30.500
$ 830
$ 9.000
$ 5.000
$ 4.500
$ 1,000
567,100
$ 4,400
$ 1,050
$ 54,980
C.C. CARLTON
CONSTRUCTION
uNfl
COST
6,700
$ 2,200
$ 2,600
$ 41.00
2,500
$ 4:500
51,000
ITEm
TOTAL
$ 6,700
$ 0.1300
$ 2,600
841,000
5 2.500
SCHROEDER
CONSTRUCTION
uN rT
COST
2,500
$ 1,000
$ 2,500
$ 21100
$ 1,350
5 8,000
$ 2,000
ITEM
TOTAL
$ 2,500
$ 7,200
0 2,500
5 28,000
$ 1,350
KAEGELIN
CONSTRUCTION
UNIT
COST
$ 2,500
$ 2,800
$ 3.600
0 40.15
$ 650
$ 7,500
$ 2,000
ITO&
TOTAL
$ 2,500
$11,200
$ 3,600
540,150
S 650
$ 8,000
2,000
$ 51,550
$ 7,500
$ 2,000
567,600
IIIRS/ Alt 641 . 03 /MAXSERVXLS/M698-03.71
MAXSERV WASTEWATER EXTENSION
TABULATION OF BIDS
DATE: March 20, 1998
SUBJECT: City Council Meeting - March 26, 1998
ITEM: 10.A.2. Consider a resolution authorizing the Mayor to execute a contract for
the construction of the Maxsery wastewater line extension with
Schroeder Construction Company to construct a wastewater line
extension to serve the Maxsery Project as well as other Louis Henna
Road properties. Schroeder was the lowest and best bid of nine
bidders at $51,550. Staff recommends the award. Staff
Resource Person: Jim Nuse, Public Works Director