R-99-08-26-10D2 - 8/26/19991
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crrY OF ROUND ROCK
PUBLIC WORKS DEPARTMENT
AUGUST 1999
PLANS, SPECIFICATIONS
AND CONTRACT DOCUMENTS
Section Description Paee
1.0 Notice to Bidders NB -1
2.0 Bid Documents BD -1
3.0 Post Bid Documents PBD -1
4.0 General Conditions GC -1
5.0 Special Conditions SC -1
6.0 Technical Specifications TS -1
table.mst/spec
TABLE OF CONTENTS
1.0 NOTICE TO BIDDERS
NOTICE TO BIDDERS
Sealed bids addressed to the Purchasing Agent, City of Round Rock, 221 East Main
Street, Round Rock, Texas 78664, for furnishing all labor, material and equipment and
performing all work required for the project titled WATERLINE REPLACEMENT
PROJECT (BID PACKAGE A -1) (project includes approximately 405 water service
replacements including street repair) will be received until2:00 p.m. August 24. 1999 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 "WATERLINE REPLACEMENT
PROJECT (BID PACKAGE A -1) ". No bids may be withdrawn after the scheduled opening
time. Any bids received after scheduled bid opening time will be returned unopened.
Bids must be submitted on City of Round Rock bid forms and must be accompanied
by an acceptable bid security as outlined in the Instructions to Bidders, payable to the City
of Round Rock, Texas equal to five percent (5 %) of the total bid amount. Plans, Bid Forms,
Specifications, and Instructions to Bidders may be obtained from the Department of Public
Works, 2008 Enterprise Drive, in Round Rock, Texas (512- 218 -5555) beginning
August 11.1999 for a non - refundable charge of $15.00 per set.
In case of ambiguity, duplication, or obscurity in the bids, the City of Round Rock
reserves the right to construe the meaning thereof. The City of Round Rock further reserves
the right to reject any or all bids and waive any informalities and irregularities in the bids
received.
The successful bidder will be expected to execute the standard contract prepared by
the City of Round Rock, and to furnish performance and payment bonds as described in the
bid documents. 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:
08/10/99
08/15/99
noticebd/a -1
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Round Rock Leader:
2.0 BID DOCUMENTS
INSTRUCTIONS TO BIDDERS
Prior to submitting any proposal, bidders are required to read the plans, specifications,
proposal, contract and bond forms carefully; to inform themselves by their
independent research, test and investigation of the difficulties to be encountered and
judge for themselves of the accessibility of the work and all attending circumstances
affecting the cost of doing the work and the time required for its completion and
obtain all information required to make an intelligent proposal.
2. Should the bidder find discrepancies in, or omissions from the plans, specifications,
or other documents, or should he be in doubt as to their meaning, he should notify at
once the Engineer and obtain clarification or addendum prior to submitting any bid.
3. It shall be the responsibility of the bidder to see that his bid is received at the place
and time named in the Notice to Bidders. Bids received after closing time will be
returned unopened.
4. Bids shall be submitted in sealed envelopes plainly marked "Sealed Bid" and showing
the name of the project, the job number if applicable, and the opening date and time.
5. Bids shall be submitted on proposal forms furnished by the City of Round Rock.
6. All proposals shall be accompanied by a certified cashier's check upon a National or
State bank in an amount not less than five percent (5 %) of the total maximum bid
price, payable without recourse to the City of Round Rock, or a bid bond in the same
amount from a reliable surety company, as a guarantee that the bidder will enter into
a contract and execute performance and payment bonds, as stipulated by item 11
below, within ten (10) days after notice of award of contract to him. Proposal
guarantees must be submitted in the same sealed envelope with the proposal.
Proposals submitted without check or bid bonds will not be considered.
7. All bid securities will be returned to the respective bidders within twenty -five (25)
days after bids are opened, except those which the owner elects to hold until the
successful bidder has executed the contract. Thereafter, all remaining securities,
including security of the successful bidder, will be returned within sixty (60) days.
8. Until the award of the contract, the City of Round Rock reserves the right to reject
any and all proposals and to waive technicalities; to advertise for new proposals; or
biddoc.wpd/A -t BD -1
to do the work otherwise when the best interest of the City of Round Rock will be
thereby promoted.
9. In case of ambiguity or lack of clarity in the statement of prices in the bids, the City
of Round Rock reserves the right to consider the most favorable analysis thereof, or
to reject the bid. Unreasonable (or unbalanced) prices submitted in a bid may result
in rejection of such bid or other bids.
10. Award of the contract, if awarded, will be made within sixty (60) days after opening
of the proposals, and no bidder may withdraw his proposal within said sixty (60) day
period of time unless a prior award is made.
11. Within ten (10) days after written notification of award of the contract, the successful
bidder must furnish a performance bond and a payment bond in the amount of one -
hundred percent (100 %) of the total contract price. If the total contract price is
$25,000.00 or less, the performance and payment bonds will not be required. Said
performance bond and payment bond shall be from an approved surety company
holding a permit from the State of Texas, with approval prior to bid opening,
indicating it is authorized and admitted to write surety bonds in this state. In the event
the bond exceeds $100,000.00, the surety must also (1) hold a certificate of authority
from the United States secretary of the treasury to qualify as a surety on obligations
permitted or required under federal law; or (2) have obtained reinsurance for any
liability in excess of $100,000.00 from a reinsurer that is authorized and admitted as
a reinsurer in this state and is the holder of a certificate of authority from the United
States secretary of the treasury to qualify as a surety or reinsurer on obligations
permitted or required under federal law.
In determining whether the surety or reinsurer holds a valid certificate of authority,
the City may rely on the list of companies holding certificates of authority as
published in the Federal Register covering the date on which the bond is to be
executed.
12. If the total contract price is less than $25,000.00 the performance and payment bond
requirement will be waived by the City of Round Rock. Payment will be made
following completion of the work.
13. Failure to execute the construction contract within ten (10) days of written notification
of award or failure to furnish the performance bond, or letter of credit if applicable,
biddoc.wpd/A -1 BD -2
and payment bond as required by item 11 above, shall be just cause for the annulment
of the award. In case of the annulment of the award, the proposal guarantee shall
become the property of the City of Round Rock, not as a penalty, but as a liquidated
damage.
14. No contract shall be binding upon the City of Round Rock until it has been signed by
its Mayor after having been duly authorized to do so by the City Council.
15. The Contractor shall not commence work under this contract until he has furnished
certification of all insurance required and such has been approved by the City of
Round Rock, nor shall the contractor allow any subcontractor to commence work on
his subcontract until proof of all similar insurance that is required of the subcontractor
has been furnished and approved. The certificate of insurance form included in the
contract documents must be used by the Contractor's insurer to furnish proof
of insurance.
16. Any quantities given in any portion of the contract documents, including the plans,
are estimates only, and the actual amount of work required may differ somewhat from
the estimates. The basis for the payment shall be the actual amount of work done
and/or material furnished.
17. 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 in lieu of
payment of sales tax, and the following conditions shall be observed;
I) 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
biddoc.wpd/A -1 BD -3
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.wpd/A -1 BD -4
COMMERCIAL INDEMNITY
Insurance Company
BID BOND
KNOW ALL MEN BY THESE PRESENTS:
BOND NUMBER BD 40637
THAT Nelson Lewis, Inc. 450 HIGHWAY 1431 EAST MARBLE FALLS, TX. 78654
as Principal, and COMMERCIAL INDEMNITY INSURANCE COMPANY,
as Surety, are held and firmly bound unto CITY OF ROUND ROCK 221 EAST MAIN
ROUND ROCK, TX. 78664 as Obligee, in the full and just sum of
5% of the Greatest Amount Bid ($5% G.A.B. ) lawful money
of the United States, for the payment of which sum well and truly to be made, we bind ourselves,
our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these
presents.
WHEREAS, the Principal is hereby submitting its proposal for
WATER LINE REPLACEMENT PRO JECT BID PACK A - 1 ROUND ROC TX.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
aforesaid Principal shall be awarded the contract the said Principal will, within the time required,
enter into a formal contract and give a good and sufficient bond to secure the performance of the
terms and conditions of the contract, then this obligation to be void: otherwise, the Principal and
Surety will pay unto the Obligee the difference in money between the amount of the bid of the said
Principal and the amount for which the Obligee legally contracts with another party to perform the'
work if the latter amount be in excess of the former, but in no event shall liability herei der
exceed the penal sum hereof.
Signed, sealed and delivered AUGUST 17, 1999
Nelson
PRINCIPAL
By e -/Cl/ r r - - SEAL)
RCIAL INDEMNITY /1 � U � R � ANCE' CQMPRNY
BY /In.r Yr, i �wv+ -r, , {SE.4121
ATTORNEY -IN -FACT
ANGELA RUNA
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2550 S. IH 35, Suite'100 INDEMNITY INSURANCE CO. POWER OF ATTORNEY
• Austin, Texas 78704
• KNOW ALL MEN BY THESE PRESENTS:
I That the Commercial Indemnity Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas, having
its principal office in Austin, Texas, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 7'
I day of April, 1999, to wit:
"Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney-
In -Fact, such persons, firms, or corporations as may be selected from time to time.
1 Be It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attorney or any
certificate relating thereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signature or facsimile seal shall
I be valid and binding upon the Company and any such powers so executed and certified by facsimile signature or facsimile seal shall be valid
and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." Commercial Indemnity
Insurance Company does hereby make, constitute and appoint:
I Mike Pinkham or Joseph Williamson or Angela Pruna
State of Texas its true and lawful attorney(s) -in -fact, with full power and authority hereby conferred in its name, place and stead, to sign,
execute, acknowledge and deliver in its behalf, and its act and deed, as follows:
The Obligation of the Company shall not exceed one million ($1,000,000.00) Dollars.
And to bind Commercial Indemnity Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by
' the duly authorized officer of the Commercial Indemnity Insurance Company, and all the acts of said Attorney(s) pursuant to the authority
herein given, are hereby ratified and confirmed.
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Commercial Indemnity Insurance Company
IN WITNESS WHEREOF, the Commercial Indemnity Insurance Company has caused these presents to be signed by any officer of the
Company and its Corporate Seal to be hereto affixed.
State of Texas
County of Travis
COMMERCIAL BD40637
John W. Schuler. President
On this 7' day of April, in the year 1999, before me Sandra L. Denton, a notary public, personally appeared John W. Schuler, personally
known to me to be the person who executed the within instrument as President, on behalf of the Corporation therein named and
acknowledged to me that the Corporation executed it.
Commission Expires 8 -26 -2000 Sandra L. Denton, Notary Public
▪ CERTIFICATE
I I, the undersigned, Secretary of Commercial Indemnity Insurance Company, DO HEREBY CERTIFY that the foregoing and attached Power
of Attorney and Certificate of Authority remains in full force and has not been revoked:
' Signed and Sealed at the said Company at Austin, Texas dated this / - 7 44 ' day of 19 .
Joel T. Massey, Secretary
�,. w BANDRA L DENTON
NOTARY PUBLIC
3 • Stale of Texas
Come. E .• 00- 26.2000
PROPOSAL BIDDING SHEET
JOB NAME: WATERLINE REPLACEMENT PROJECT (BID PACKAGE A -1)
JOB LOCATION: Round Rock, Williamson County, Texas
OWNER: City of Round Rock, Texas
DATE: AUGUST 1999
Gentlemen:
Pursuant to the foregoing Notice to Bidders and Instructions to Bidders, the undersigned bidder
hereby proposes to do all the work, to furnish all necessary superintendence , labor, machinery, equipment,
tools, materials, insurance and miscellaneous items, to complete all the work on which he bids as provided
by the attached supplemental specifications, and as shown on the plans for the construction of
WATERLINE REPLACEMENT PROJECT (BID PACKAGE A -1) and binds himself on acceptance
of this proposal to execute a contract and bond for completing said project within the time stated, for the
following prices, to wit:
Bid
Item Quantity VA&
1. 199
EA
BASE BID
Item Description
and Written Unit Price
Remove and replace existing
long -side double water service
including street repair.
-1,6-473 Vi‘ve-
for j'"" dollars
and IV.o cents.
2. 189 EA Remove and replace existing
short-side double water service.
_
for ( a""^ dollars
and Ms? cents.
biddoc.wpd/A - L BD
Unit
Prics Amount
$ ! cr2S $ 2.83, 515
$ i1 go' $ 224 aloes
1
Bid Item Description Unit
' Quantity nth
and Written Unit Price d Amount
3. 15 EA Remove and replace existing
long -side quadruple water service
1
including street rep
1
1 for
and
4. 2 EA
1
5. 2,500 LF
1
1 6. 25,000 SF Remove and replace concrete
sidewallc.
1
1
1
8. 1 LS Trench safety
1
dollars
cents.
Remove and replace existing
short-side quadruple w service.
for c ` " dollars
and /4o cents.
driveway.
for b' dollar
and fle cents.
7. 6,000 SF Remove and replace concrete
for dollar
and 1%f' cents.
for (jl^ -e dollar¢
and No cents.-
1
1
1
biddoc.wpd/A -1 BD -
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Remove and replace concrete
curb and gutter.
for dollars w
and /- cents.
$ 3 `� $ ? S731)
$
1
1
10
1
1
1
1
1
If this proposal is accepted, the undersigned agrees to execute the contract and provide necessary bonds
and insurance certification as per the Instructions to Bidders and commence work within ten (10) days after
written Notice to Proceed. The undersigned further agrees to complete the work in full within two hundred
(200) 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
1 informalities.
1
1.. (2 I l P. 0. Box 217
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1
1
1
1
1
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TOTAL BASE BID (Items 1 thra 8): 5 5? 9, 5
STATEMENT OF SEPARATE CHARGES:
Materials: S l So ,
All Other Charges: $ ' "1'Z q $G
Total: $ 519 , S - C.
ly Sub
Vice president
Title for
Nelson Lewis, Inc.
Name of Firm
August 24, 1999
Date
biddoc.wpd/A -I BD-8
Marble Falls, TX 78654
Address
830- 693 -8874
Tel phone
Secretary, if Contrac Contrac or is
Corporation
3.0 POST BID DOCUMENTS
09/22/99 10 ;40 $218 5563
THE STATE OF TEXAS
COUNTY OF WILLIAMSON §
postbid/A- 1 /apinecrAyshYb1
PUBLIC WORKS
AGREEMENT
THIS AGREE r, made and entered into this CG' day of
_ 19 by and between (Owner) City of Round Rock, Texas of the
State of , acting through Robert A. Stluka, Jr., Mayor, thereunto duly authorized so to
do, hereinafter termed OWNER, and (Contractor) Nelson Lewis, Inc of
Marble Falls , Texas, County of Burnet , and State of Texas, hereinafter
termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by OWNER, and under the conditions
expressed in the bond bearing even date herewith, CONTRACTOR hereby agrees with the
said OWNER to commence and complete the constmction of certain improvements described
as follows:
WATERLINE REPLACEMENT PROJECT
(BID PACKAGE A -1)
Further described as the work covered by this specification consists of furnishing all the
materials, supplies, machinery, equipment, tools, supervision, labor, insurance, and other
accessories and services necessary to complete the said construction, in accordance with the
conditions and prices stated in the Proposal attached hereof, and in accordance with the
Notice to Contractors, Instructions to Bidders, General Conditions of Agreement, Special
Conditions, Technical Specifications, Plans, and other drawings and printed or written
explanatory material thereof, and the Specifications and Addenda therefor, as prepared by
City of Round Rock Public Works Department, 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 200
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_
The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown
PBD -1
0002/003
. 09/22/99 10:41 $218 5563
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)
ATTEST:
Mayor
City Secretary
Wo4bid/A- t t
PUBLIC WORKS
PBD -2
Nelson Lewis, Inc.
(CONTRACTOR)
BY:
Hank Lewis
(Typed name)
ATTEST:
2003'003
itsVice- president
(Title)
joy v--e.
Secretary, if Contractor is a
Corporation or otherwise registered
with the Secretary of State
(The following to be executed if the Contractor is a Corporation.)
Tommie Lewis certify that Iant the Secretary of the Corporation named
as Contractor herein; that Hank Lewis , who signed this Contract on behalf
of the Contractor was then vice- pr es i dent (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:
CERTIFICATE OF LIABILITY INSURANCE Date: September 7 , 1999
PRODUCER Touchstone Insurors COMPANIES AFFORDING COVERAGE
3513 FIK Dodgen Loop A CNA Insurance Company
Suite 101 B
Temple, TX 76502 C
D
INSURED Nelson Lewis, Inc.
P.O. Box 217
Marble Falls, TX 78654
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
(he provisions of the standard policies used by the companies, and further hereinafter descried. Exceptions
to the policies are noted below.
CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS
LTR NUMBER DATE DATE
A GENERAL LIABILITY 1078072125 3/31/99 3/31/00 GENERAL AGGREGATE $2,000,000
PRODUCTS - COMP /OP AGG. $2,000,000
PERSONAL & ADV. INJURY $1,000,000
EACH OCCURRENCE $1,000,000
FIRE DAMAGE (Few ono tae) S50,000
MED. EXPENSE (Any one person) $5,000
A AUTOMOBILE LIABILITY 1078072139 3/31/99 3/31/00 COMBINED SINGLE LIMIT $1,000,000
BODILY INJURY (Pupal $
BODILY INJURY (Per aeadm0 $
PROPERTY DAMAGE $
A EXCESS LIABILITY 1078072142 3/31/99 3/31/00 EACH OCCURRENCE $1,000,000
AGGREGATE $
WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY
STATUTORY LIMI'Ls
EACH ACCIDENT $
DISEASE- POLICY LIMIT $
DISEASE -EACH EMPLOYEE $
OTHER
A EQUIPMENT FLOATER 107872156 3/31/99 3/31/00 RENTED OR LEASED
EQUIPMENT $500,000
DESCRIPTION OF OPERATIONS/LOCATIONS /VEHICLES /SPECIAL ITEMS EXCEPTIONS
The City of Round Rock is named as additional insured with respect to all policies except Workers' compensation and Employers'
Liability. should any of the above described policies be canceled or changed before the expiration date thereof, the issu company will
mail thirty (30) days written notice to the certificate holder named below.
CERTIFICATE HOLDER: City of Round Rock SIGNATURE F AUTHORIZED REPRESENTATIVE
221 E. Main Street
Round Rock, Texas 78664 - -�-
Attn.: Joanne Land
Typed Name: Doug Peacock
Title: Executive Vice President
CERTIFICATE OF LIABILITY INSURANCE
PRODUCER COMPANIES AFFORDING COVERAGE
AON RISK SERVICES INC. OF NEW YORK A RELIANCE INSURANCE COMPANY
'IWO WORLD TRADE CENTER
NEW YORK, NY 10048 B
INSURED C
D
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.
CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS
LTR NUMBER DATE DATE
A
GENERAL LIABILITY
AUTOMOBILE LIABILITY
EXCESS LIABILITY
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY LIMITS
ALTERNATE EMPLOYER: NELSON LEWIS, INC.
OTHER
RE:. In1ATERLINE REPLACEMENT PROJECT (BID PACKAGE "A
DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /SPECIAL ITEMS /EXCEPTIONS
The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers' Liability. Should any
oldie above described policies by cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice
to the certificate holder named below.
CERTIFICATE HOLDER: City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
atm: Joanne Land
postbid/A- I /cngincerslatysha/bt
PBD -7
GENERAL AGGREGATE $
PRODUCTS- COMP /OP AGG. $
PERSONAL & ADV. INJURY $
EACH OCCURRENCE $
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $
COMBINED SINGLE LIMIT $
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPERTY DAMAGE $
EACH OCCURRENCE $
AGGREGATE $
EACH ACCIDENT
DISEASE - POLICY LIMIT
DISEASE - EACH EMPLOYEE
Date: 9 - 8 - 99
SIGN THORIZED REPRESENTATIVE
$ 1,000,000
81,000,000
$1,000,000
Typed Name: _ ,IZ BL PH t' ')NN F.r.T V M•M(TRRAY, EPM
Title: VICE PRESIDENT
THE 5'TATE OF TEXAS
COUNTY OF WILLIAMSON
inu+lhicl/A - I tengincc WalyshVbi
PERFORMANCE BOND
WATERLINE REPLACEMENT PROJECT
(BID PACKAGE A -1)
PBD -3
Bond #40125
KNOW ALL MEN BY THESE PRESENTS: That NELSON LEWIS, INC. of the
City of MARBLE FALLS , County of LLANO , and State of
TEXAS , as Principal, and COMMERCIAL INDEMNITY authorized under the law
of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto
TIIE CITY OF ROUND ROCK, TEXAS, (Owner), in the penal sum of FIVE HUNDRED
SEVENTY NINE THOUSAND FIVE HUNDRED EIGHTY SIX dollars (5 579,586.00 ) 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 a certain written contract with the Owner dated
the day of , 19 to which the
contract is hereby referred to and made a part hereof as fully and to the same extent as if
copied at length herein consisting of:
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the
said Principal shall faithfully perform said Contract and shall, in all respects, duly and
faithfully observe and perform all and singular the covenants, conditions and agreements in
and by said Contract, agreed and covenanted by the Principal to be observed and performed,
including but not limited to, the repair of any and all defects in said work occasioned by and
resulting from defects in materials furnished by or workmanship of, the Principal in
performing the work covered by said Contract and occurring within a period of twelve (12)
months from the date of the contract Completion Certificate and all other covenants and
conditions, according to the true intent and meaning of said Contract and the Plans and
Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full
force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of 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 thcrcundcr, or the plans,
specifications, or drawings accompanying the same, shall in anywise affect its obligation on
this bond, and it dots hereby waive notice of any such change, extension of time, alteration
or addition to the terms of the contract, or to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this
instrument this 8 TH day of SEPTEMBER
1999 .
NELSON LEWIS, INC.
Title
Address
fQ�1. IS
i
Resident Agent of Surety:
Time Insurance Agency
Printed Name
1507 South IH -35
Address
Austin, TX 78741
pnuhii /A- 1 lcngineeNalyshu/hl
PBD -4
COMMERCIAL INDEMNITY INSURANCE COMPANY
Surety
By: 4
Anna M. Hilt, Attorney -in -Fact
Title
2550 SOUTH 111 35 SUITE 100
Address
AUSTIN, TX. 78704
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
PAYMENT BOND
Bond #40125
KNOW ALL MEN /3 Y TLJESE PRESENTS: That NELSON LEWIS, INC. , of the City
of MARBLE FALLS County of LLANO , and Stale of
TEXAS as Princip and=OMMERCIAL INDEMN Y ' thorized 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 FIVE HUNDRED SEVENTY NINE THOUSAND FIVE HUNDRED
EIGHTY SIX Dollars ($ 579,586.00 ) for the payment
whereof, well and truly be made the said Principal and Surety bind themselves and their
heirs, administrators, executors, successors, and assigns, jointly and severally, by these
presents:
WHEREAS, the Principal has entered into a certain written contract with the Owner, dated
the day of , 19, 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:
p.,1I,u1/A- I /cn1incn:J,, lysl. /1■1
WATERLINE REPLACEMENT PROJECT
(BID PACKAGE A -l)
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 cxtcnt as if
it were copied at length herein-
PBD -5
PAYMENT BOND (continued)
Surety, for value received, stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the contract, or to the work performed thereunder, or the plans,
specifications or drawings accompanying the same shall in anywise affect it's obligation on
this bond, and it dots hereby waive notice of any such change, extension of time, alteration
or addition to the terms of the contract, or to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and scaled this
instrument this 8TH day of SEPTEMBER , 19 99 .
NELSON LEWIS, INC.
Principal
By:6)
Title
Address
/ F //s ,7i
Resident Agent of Surety:
Tittle Insurance Agency
Printed Name
1507 South IH -35
Address
Austin, TX 78741
C Statc & Zip Codc
nature
posilml /A- /cngmccrs/alyaba /bt
PBD -6
COMMERCIAL INUEMNrrY INSURANCE COMPANY
Surety
By:
Title
Address
AUSTIN, TX. 78704
Anna M. Hilt, Attorney - in - Fact
2550 SOUTH I11-35 SUITE 100
A IA
Commercial Indemnity Insurance Company CO IVI M E RC I A L
2550 S. 1H 35, Suite 100 INDEMNITY INSURANCE CO.
Austin, Texas 78704
KNOW ALL MEN BY THESE PRESENTS:
That the Commercial Indemnity Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas, having
its principal office in Austin, Texas, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 7
day of April, 1999, to wit:
"Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney -
In -Fact, such persons, firms, or corporations as may be selected from time to time
13e It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attomey or any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall
be valid and binding upon the Company and any such powers so executed and certified by facsimile signature or facsimile seal shall be valid
and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." Commercial Indemnity
Insurance Company does hereby make, constitute and appoint:
State of Texas its true and lawful attomey(s) -in -fact, with full power and authority hereby conferred in its name, place and stead, to sign,
execute, acknowledge and deliver in its behalf, and its act and deed, as follows:
The Obligation of the Company shall not exceed one million ($1,000,000.00) Dollars.
And to bind Commercial Indemnity Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by
the duly authorized officer of the Commercial Indemnity Insurance Company, and all the acts of said Attomey(s) pursuant to the authority
herein given, are hereby ratified and confirmed,
IN WITNESS WHEREOF, the Commercial Indemnity Insurance Company has caused these presents to be signed by any officer of the
Company and its Corporate Seal to be hereto affixed.
State of Texas
County of Travis
CERTIFICATE
On this 7'" day of April, in the year 1999, before me Sandra L. Denton, a notary public, personally appeared John W. Schuler, personally
known to me to be the person who executed the within instrument as President, on behalf of the Corporation therein named and
acknowledged to me that the Corporation executed it.
Commission Expires 8 -26 -2000 Sandra L. Denton, Notary Public
1, the undersigned, Secretary of Commercial Indemnity Insurance Company, DO HEREBY CERTIFY that the foregoing and attached Power
of Attomey and Certificate of Authority remains in full force and has not been revoked:
Signed and Sealed at the said Company at Austin, Texas dated this 8th day of September , 19 99
Anna M. Hilt
John W. Schuler. President
Joel T. Massey. Secretary
BD40125
POWER OF ATTORNEY
SANDRA L DENTON
NOTARY PUBLIC
Stare of Texas
Comm. E 09- 262000
COMMERCIAL INDEMNITY
Insurance Company
IMPORTANT NOTICE
To obtain information or make a complaint:
You may contact John W. Schuler, President of Operations, whose direct dial
number is 512 -444 -7776. You may also fax us information at 512 -440 -0989.
You may also call Commercial Indemnity Insurance Company's toll -free
telephone number for information or to make a complaint at:
1- 800 - 234 -8046
You may also write to Commercial Indemnity Insurance Company : 2550 South
IH -35, Suite 100, Austin, Texas 78704.
You may contact the Texas Department of Insurance to obtain information on
companies, coverages, rights or complaints at:
1-800- 252 -3439
You may also write the Texas Department of Insurance: P.O. Box 149104,
Austin, Texas 78714 -9104, Fax 512 - 475 -1771.
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your
premium or about a claim you should contact the company first. If the dispute is
not resolved you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only
and does not become a part of condition of the attached document.
MAINTENANCE BOND
BOND NUMBER AMOUNT
KNOW ALL MEN BY THESE PRESENTS,
That we,
(hereinafter called the "Principal ") as Principal, and the
a Corporation duly organized under the laws of the
State of and duly licensed to transact business in the State
of (hereinafter called the "Surety "), as Surety, are held and
firmly bound unto THE CITY OF ROUND ROCK, TEXAS (hereinafter called the
"Obligee "), in the sum of
dollars ($ ) for the
payment of which sum well and truly to be made, we, the said Principal and the said Surety,
bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally, firmly, by these presents.
Sealed with our seals and dated this
and
day of , A.D. nineteen hundred
WHEREAS, the said Principal has heretofore entered into a contract with
Dated , 19 , for construction of:
poslbid /A- I/engincers/alysha/bl
WATERLINE REPLACEMENT PROJECT
(BID PACKAGE A -1)
WHEREAS, the said Principal is required to guarantee the construction of all improvements
installed under said contract, against defects in materials or workmanship, which may
develop during the period of year(s) from the date of acceptance of the
project above described, by Owner:
The City of Round Rock, Texas
NOW, THEREFORE, THE CONDITIONS OF THE OBLIGATIONS IS SUCH, that if said
Principal shall faithfully carry out and perform the said guarantee, and shall, on due notice,
repair and make good at its own expense any and all defects in materials or workmanship in
the said work which may develop during the period of year(s) from the date of
acceptance of the project above described, by Owner:
The City of Round Rock, Texas
PBD -8
WARRANTY BOND (continued)
OR shall pay over, make good and reimburse to the said Obligee all loss and damage which
said Obligee may sustain by reason of failure or default of said Principal so to do, then this
obligation shall be null and void; otherwise shall remain in full force and effect.
Principal
By:
Title
Address
Resident Agent of Surety:
Printed Name
Address
City, State & Zip Code
Signature
postbid/A- t /engineers/alysha/bt
PBD -9
Surety
By:
Title
Address
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
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
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3. General Obligations and Responsibilities (cont'd)
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
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6. Extra Work and Claims
6.01 - Change Orders
6.02 - Minor Changes
6.03 - Extra Work
6.04 - Time of Filing Claims
6.05 - Continuing Performance
7. Abandonment of Contract
7.01 - Abandonment by Contractor
7.02 - Abandonment by Owner
8. Subcontractors
8.01 - Award of Subcontracts for Portions of Work
8.02 - Subcontractual Relations
8.03 - Payments to Subcontractors
9. Separate Contracts
9.01 - Owner's Right to Award Separate Contracts
9.02 - Mutual Responsibility of Contractors
9.03 - Cutting and Patching Under Separate Contracts
10. Protection of Persons and Property
10.01 - Safety Precautions and Programs
10.02 - Safety of Persons and Property
10.03 - Location and Protection of Utilities
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1. Definition of Terms
General Conditions of Agreement
1.01 Owner, Contractor and Engineer
"Ile Owner, the Contractor and the Engineer and those persons or organizations identified
as such in the Agreement are referred to throughout the Contract Documents as if
singular in number and masculine in gender. The term "Engineer" means the Engineer
or his duly authorized representative. The Engineer shall be understood to be the
Engineer of the Owner, and nothing contained in the Contract Documents shall create any
contractual or agency relationship between the Engineer and the Contractor.
1.02 Contract Documents
The Contract Documents shall consist of the Notice to Contractors, Instructions to
Bidders, Proposal, Signed Agreement, Performance and Payment Bonds (when required),
Special Bonds (when required), General Conditions of the Agreement, Construction
Specifications, Plans and all modifications thereof incorporated in any such 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 the 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. 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
Subcontractor to perform any of the work at the site. It 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
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 to
or sent by registered mail to the last business address known to hire 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, when 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" shall be understood to mean and include all work that may be
required by the Engineer or the 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 Alterations" herein.
1.08 Working Day
The term "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
The term "Calendar Day" is defined as any day of the week or month, no days being
excepted.
1.10 Substantially Completed
The term "Substantially Completed" shall be understood to mean that the structure has
been made suitable for use or occupancy or that 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 Owncr- Engineer Relationship
The Engineer will be the Owner's representative during construction. The duties,
responsibilities and limitations of authority of the Engineer as the Owner's representative
during construction are as set forth in the Contract Documents and shall not be extended
or limited without written consent of the Owner and the Engineer. The Engineer will
advise and consult with the Owner, and all of the 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 with the progress
of the executed work and to determine if such work 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 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 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 the Contractor's applications for payment and supporting data,
determine the amount owed to the Contractor and recommend, in writing, payment to the
Contractor in such amounts; such recommendation of payment to the Contractor
constitutes a representation to the Owner of the 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 the Contractor shall
not be deemed as a representation by the Engineer that the Engineer has made any
examination to determine how or for what purpose the Contractor has used the monies
paid on account of the contract price.
2.04 Initial Determinations
The Engineer initially shall determine all claims, disputes and other matters in question
between the Contractor and the Owner relating to execution or progress of the work or
interpretation of the Contract Documents. The Engineer's decision shall be rendered in
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writing within a reasonable time, which shall not be construed to be less than ten (10)
days.
2.05 Objections
In the event the Engineer renders any decision which, in the opinion of either party
hereto, is not in accordance with the meaning and intent of this contract. either party may
file with the Engineer within thirty (30) days his written objection to the decision, and by
such action may reserve the right to submit the question so raised to litigation 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 reasonable 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 the Engineer being interested only in the result obtained and conformity of
such completed improvements to the plans, specifications and contract.
Likewise, the Contractor shall be solely responsible for the safety of himself, his
employees and other persons, as well as for the protection and safety of the improvements
being erected and the property of himself or any other person, as a 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 the Contractor to deviate from
the plans and specifications; the intent of such drawings, specifications and any other
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such information being to define with specificity the agreement of the parties as to the
work the Contractor is to perform. The 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 the 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 methods, 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 the 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 the Contractor from his responsibility
to complete all work in accordance with said plans and specifications.
2.08 Contractor's Understanding
It is understood and agreed that the Contractor has, by careful examination, satisfied
himself as to the nature and location of the work, the conformation of the ground, the
character, quality and quantity of the materials to be encountered, the character of
equipment and facilities needed preliminary to and during the prosecution of the work,
the general and local conditions, and all other matters which can in any way affect the
work under this contract. The Contractor agrees that he will make no claim against the
Owner or the Engineer if, in the prosecution of the work, he finds that the actual site or
subsurface conditions encountered do not conform to those indicated by excavation, test
excavation, test procedures, borings, explorations or other subsurface excavations. No
verbal agreement or conversation with any officer, agent or employee of the Owner or the
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
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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 5500.00 per day will be assessed for each day and for each illegal alien
who works for the Contractor at this project.
2.10 Contractor's Buildings
The building of structures for housing workers, or the erection of tents or other forms of
protection, will be permitted only at such places as the Engineer shall direct, and the
sanitary conditions of the grounds in or about such structures shall at all times be
maintained in a manner satisfactory to the Engineer.
2.11 Sanitation
Necessary sanitary conveniences for the use of laborers on the work, properly secluded
from public observation, shall be constructed and maintained by the Contractor in such
mariner and at such points as shall be approved by the Engineer, and their use shall be
strictly enforced.
2.12 Shop Drawings
The Contractor shall submit to the Engineer, with such promptness as to cause no delay
in his own work or in that of any other Contractor, four (4) checked copies, unless
otherwise specified, of all shop and/or setting drawings and schedules required for the
work of the various trades, and the Engineer shall pass upon them with reasonable
promptness, making desired corrections. The Contractor shall make any corrections
required by the Engineer, file with him two (2) corrected copies and furnish such other
copies as may be needed. The Engineer's review of such drawings or schedules shall not
relieve the Contractor from responsibility for deviations from drawings or specifications,
unless he has in writing called the Engineer's attention to such deviations at the time of
submission, nor shall it relieve him from responsibility for errors of any sort in shop
drawings or schedules. It shall be the Contractor's responsibility to fully and completely
review all shop drawings to ascertain their effect on his ability to perform 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
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adequacy of such drawings or schedules, or any means or methods reflected thereby, in
relation to the safety of either person or property during the 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 limitation, the obligation to at once tear out, remove and
properly replace any defective work or material 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 the event the material has been once accepted by the Engineer, such acceptance
shall be binding on the Owner unless it can be clearly shown that such material furnished
does not meet the specifications for this work.
Any questioned work may be ordered taken up or removed for re- examination by the
Engineer, prior to final acceptance, and if found not in accordance with the plans and /or
specifications for said work, all expense of removing, re- examination and replacement
shall be borne by the Contractor. Otherwise, the expense thus incurred shall be allowed
as Extra Work and shall be paid for by the Owner; provided that, where inspection or
approval is specifically required by the specifications prior to performance of certain
work, should the Contractor proceed with such work without requesting prior inspection
or approval he shall bear all expense of taking up, removing, and replacing this work if
so directed by the Engineer.
2.14 Defects and Their Remedies
It is further agreed that if the work or any part thereof, or any material brought on the site
of the work for use in the work or selected for the same, shall be deemed by the Engineer
as unsuitable or not in conformity with the plans, specifications, or the intent thereof, the
Contractor shall, after receipt of written notice thereof from the Engineer, forthwith
remove such material and rebuild or otherwise remedy such work so that it shall be in full
accordance with this contract.
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
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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 the event the
Owner makes 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 compensate 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
the Engineer and the Contractor their respective reports, opinions, questions, answers and
clarifications concerning the plans, specifications and work but shall not be deemed the
agent of the Contractor for all purposes in communicating such matters.
Such inspectors may confer with the Contractor or the 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 or charged with, nor
shall he assume any authority or responsibility for the means, methods or manner of
completing the work or of the superintendence of the work or of the Contractor's
employees. It is expressly understood and agreed that any such inspector is not authorized
by the Engineer or the 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 or methods or manner of the Contractor's
performance of work in progress or completed, or discovery or failure to discover or
object to defective work of materials shall release the Contractor from his duty to
complete all work in strict accordance with the plans and specifications or stop the Owner
or the 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.
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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 hint 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 that the Contractor has
complied with the requirements of the said Contract Documents, all approved
modifications thereof, and additions and alterations thereto approved in writing by the
Owner. The burden of proof of such compliance shall be upon the Contractor to show
that he has complied with the said requirements of the Contract Documents, approved
modifications thereof, and all approved additions and alterations thereto.
3.04 Right of Entry
The Owner reserves the right to enter the property or location at 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 the 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
mariner so as not to unreasonably delay the progress of the work or damage the
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.
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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
generally accepted practices for construction. 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
what is intended to apply to the work.
3.07 Equipment, Materials and Construction Plant
The Contractor shall be responsible for the care, preservation, conservation, and protection
of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities,
all means of construction, and any and all parts of the work, whether the Contractor has
been paid, partially paid, or not paid for such work, until the entire work is completed and
accepted.
3.08 Damages
In the event the Contractor is damaged in the course of completion of the work by the act,
negligence, omission, mistake or default of the Owner or the 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,
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the Contractor shall immediately notify the Owner and the 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, on 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 bonds are furnished
and approved by the Owner.
Unless otherwise specified, the cost of the premium for the performance and payment
bonds shall be included in the price bid by the Contractor for the work under this
contract, and no extra payment for such bonds will be made by the Owner.
Unless otherwise approved in writing by the Owner, the surety company underwriting the
bonds shall be licensed to write such bonds in the State of Texas.
3.11 Losses from Natural Causes
Unless otherwise specified, all loss or damage to the Contractor arising out of the nature
of the work to be done, or from the action of the elements, or from any unforeseen
circumstance in the prosecution of the same, or from unusual obstructions or difficulties
which may be encountered in the prosecution of the work, shall be sustained and borne
by the Contractor at his own cost and expense.
3.12 Protection of Adjoining Property
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 the 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
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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 the 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, the
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 either pay directly any unpaid bills of which the Owner has written
notice, or may withhold from the Contractor's unpaid compensation a sum of money
deemed reasonably sufficient to liquidate any and all such lawful claims. When
satisfactory evidence is furnished that all liabilities have been fully discharged, 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 the 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 the
Contractor shall indemnify and save the 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 the 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
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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 wanner in
which, or the conditions under which the Owner may enter into contract, shall be
controlling and shall be considered as part of this contract to the same effect as though
embodied herein.
3.16 Assignment and Subletting
The Contractor further agrees that he will retain personal control and will give his
personal attention to the fulfillment of this contract and that he will not assign by Power
of Attorney or otherwise, or sublet said contract without the written consent of the
Engineer, and that no part or feature of the work will be sublet to anyone objectionable
to the Engineer or the Owner. The Contractor further agrees that the subletting of any
portion or feature of the work, or materials required in the performance of this contract,
shall not relieve the Contractor from his full obligations to the Owner as provided by this
agreement.
3.17 Indemnification
The Contractor shall defend, indemnify and hold harmless the Owner and the Engineer
and their respective officers, agents and employees, from and against all damages, claims,
losses, demands, suits, judgements and costs, including reasonable attorneys' fees and
expenses, arising out of or resulting from the performance of the work, provided that any
such damage, claim, loss, demand, suit, judgment, cost or expense:
1. is attributable to bodily injury, sickness, disease or death of 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.
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The obligation of the Contractor under this paragraph shall not extend to the liability of
the Engineer, his agents or employees arising out of the preparation of maps, plans,
reports, surveys, change orders, designs or specifications, or the approval of maps, plans,
reports, surveys, change orders, designs or specifications or the issuance of or the failure
to give directions or instructions by the Engineer, his agents or employees, provided such
is the sole cause of the injury or damage.
In any and all claims against the Owner or the Engineer or any of their agents or
employees by any employee of the Contractor, any Subcontractor, any Sub - subcontractor,
anyone directly or indirectly employed by any of them, or anyone for whose acts any of
them may be liable, the indemnification obligation under Paragraph 3.17 shall not be
limited in any way by any limitation on the amount or type of damages, compensation or
benefits payable by or for the Contractor or any Subcontractor or Sub - subcontractor under
workers' compensation acts, disability benefit acts or other employee benefit acts.
3.18 Insurance
The Contractor shall carry insurance as follows for the duration of this contract.
A. Statutory Workmen's Compensation.
Definitions:
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
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project. "Services" does not include activities unrelated to the project, such as
food /beverage vendors, office supply deliveries, and delivery of portable toilets.
The Contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, that meets the
statutory requirements of Texas Labor Code, Section 401.011(44), for all
employees of the Contractor providing services on the project, for the duration of
the project. This coverage shall include the following terms:
(a) Employer's Liability limits of 5100,000.00 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 Itetn 3A of the Worker's Compensation
coverage or Item 3C must contain the following: "As 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 (7) 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.
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The Contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within ten (10) calendar days after the Contractor knew or should have
known of any change that materially affects the provision of coverage of any person
providing services on the project.
The Contractor shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission, informing
all persons providing services on the project that they are required to be covered,
and stating how a person may verify coverage and report lack of coverage.
The Contractor shall contractually require each person with whom it contracts to
provide services on the 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;
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:
(c)
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 ten (10) calendar days after the person
knew or should have known of any change that materially affects
(1)
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the provision of coverage of any person providing services on the
project; and
contractually require each person with whom it contracts to perform
as required by paragraphs (a) - (g), with the certificates of coverage
to be provided to the person for whom they are providing services.
By signing this contract, or providing or causing to be provided a certificate of
coverage, the Contractor is representing to the governmental entity that all
employees of the Contractor who will provide services on the project will be
covered by workers' compensation coverage for the duration of the project, that
the coverage will be based on proper reporting of classification codes and payroll
amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self - insured, with the Commission's Division
of Self - Insurance Regulation. Providing false or misleading information may
subject the Contractor to administrative penalties, criminal penalties, civil
penalties, and/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 (10)
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.
(g)
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 the 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 the Engineer shall not relieve or decrease the liability of the Contractor
hereunder.
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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 workers' compensation) shall be endorsed to include
the Owner as an additional insured thereunder.
The Contractor shall not cause any insurance to be cancelled nor permit any insurance to
lapse. All insurance certificates shall include a clause to the effect that the policy shall
not be cancelled or reduced, restricted or limited until ten (10) days after the Owner has
received written notice as evidenced by return receipt of registered or certified letter.
Certificates of insurance shall contain transcripts from the proper office of the insurer,
evidencing in particular those insured, the extent of the insurance, the location and the
operations to which the insurance applies, the expiration date, and the above - mentioned
notice of cancellation clause.
3.19 Final Clean -up
Upon the completion of the work and before acceptance and final payment will be made,
the Contractor shall clean and remove from the site of the work all 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 the Contractor fails or refuses to clean and remove surplus materials and
debris as above provided, the Owner or the 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 (30) days after receiving written notice of such defect
from the Owner or the 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 (30) 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.
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3.21 Testing of Materials
Unless otherwise specified, testing of all materials to be incorporated into the project will
be as directed by the Engineer at the expense of the Owner. All retesting for work
rejected on the basis of test results will be at the expense of the Contractor and the extent
of the retesting shall be determined by the Engineer. The Engineer may require additional
testing for failing tests and may require two (2) passing retests before acceptance will be
made by the Owner. The testing laboratory will be designated by the Owner.
All materials to be incorporated into the project must meet the requirements of these
specifications. For manufactured materials such as reinforcing steel, expansion joint
materials, concrete pipe, cement, miscellaneous steel, cast iron materials, etc., the
Contractor will be required to furnish a manufacturer's certificate stating that the material
meets the requirements specified for this project.
3.22 Wage Rates (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.
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d. The public body shall use any money collected under this section to offset the costs
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 IIear 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.
WR1001 July 1997
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.
4.02 Extension of Time
Should the Contractor be delayed in the completion of the work by any act or neglect of
the Owner or the Engineer, or of any employee of either, or by other contractors employed
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by the Owner, or by changes ordered in the work, or by strikes, lockouts, fires, and unusual
delays by cornmon carriers, or unavoidable cause or causes beyond the Contractor's control,
or by any cause which the Engineer shall decide justifies the delay, then an extension of
time shall be allowed for completing the work, sufficient to compensate for the delay, the
amount of the extension to be determined by the Engineer; provided, however, that the
Contractor shall give the Engineer prompt notice in writing of the cause of such delay.
Adverse weather conditions will not be justification for extension of time on "Calendar
Days" contracts.
4.03 Hindrances and Delays
No claims shall be made by the Contractor for damages resulting from hindrances or delays
from any cause (except where the work is stopped by order of and for the convenience of
the Owner) during the progress of any portion of the work embraced in this contract. In
case said work shall be stopped by the act of the Owner, then such expense as in the
judgment of the Engineer is caused by such stoppage of said work shall be paid by the
Owner to the Contractor.
5. Measurement and Payment
5.01 Quantities and Measurements
No extra or customary measurements of any kind will be allowed, but the actual measured
and/or computed length, area, solid contents, number and weight only shall be considered,
unless otherwise specifically provided.
5.02 Estimated Quantities
This agreement, including the specifications, plans and estimate, is intended to show clearly
all work to be done and material to be fumished 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
fumished under this contract may differ somewhat from these estimates, and that where the
basis for payment under this contract is the unit price method, payment shall be for the
actual amount of such work done and material furnished.
Where payment is based on the unit price method, the Contractor agrees that he will make
no claim for damages, anticipated profits or otherwise on account of any differences which
may be found between the quantities of work actually done, the material actually furnished
under this contract and the estimated quantities contemplated and contained in the proposal;
provided, however, that in case the actual quantity of any major item should become as
much as twenty percent (20 %) more than, or twenty percent (20 %) less than the estimated
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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
twenty percent (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 percent (5 %) of the total contract cost,
computed on the basis of the proposal quantities and the contract unit prices.
Any revised consideration is to be detennined by agreement between the parties, otherwise
by the terms of this agreement, as provided under "Extra Work ".
5.03 Price of Work
In consideration of the furnishing of all the necessary labor, equipment and material, and
the completion of all work by the Contractor, and on the completion of all work and on the
delivery of all material embraced in this contract in full conformity with the specifications
and stipulations herein contained, the Owner agrees to pay the Contractor the prices set
forth in the proposal hereto attached, which has been made a part of this contract. The
Contractor hereby agrees to receive such prices in full for furnishing all material and all
labor required for the aforesaid work, also for all expense incurred by him, and for well
and truly performing the same and the whole thereof in the manner and according to this
agreement.
5.04 Partial Payments
On or before the first 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 five percent (5 %) of the amount thereof,
which five percent (5 %) shall be retained until final payment, and further less all previous
payments and all further sums that may by retained by the Owner under the terms of this
agreement. It is understood, however, that in case the whole work be near to completion
and some unexpected and unusual delay occurs due to no fault or neglect on the part of the
Contractor, then the 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 ".
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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. 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 or delays the work, the Contractor shall be entitled to such
extra compensation, 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 is 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 to the Contractor or to advise the Contractor in writing of the
reason for non - acceptance.
5.07 Final Payment
Upon the issuance of the Certificate of Completion, the Engineer shall proceed to make
final measurements and prepare final statement for the value of all work performed and
materials furnished under the terms of the agreement and shall certify same to the Owner,
who shall pay to the Contractor on or before 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
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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.
Reasonable indication that the work will not completed within the contract time.
Other causes affecting the performance of the contract.
0
g )
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 six
percent (6 %) per annum, unless otherwise specified, from date due as provided under
"Partial Payments" and "Final Payment," until fully paid, which shall fully liquidate any
injury to the Contractor growing out of such delay in payment. It is expressly agreed that
delay by the Owner in making payment to the Contractor of the sum named in any partial
or final statement shall not constitute a breach of this contract on the part of the Owner nor
an abandonment thereof nor shall it to any extent or for any time relieve the Contractor of
his obligations to fully and completely perform hereunder.
6. Extra Work and Claims
6.01 Change Orders
Without invalidating this agreement, the Owner may at any time or from time to time order
additions, deletions or revisions to the work; such changes will be authorized by change
order to be prepared by the Engineer for execution by the Owner and the Contractor. The
change order shall set forth the basis for any change in contract price, as hereinafter set
forth for extra work, and any change in contract time which may result from the change.
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In the event the Contractor shall refuse to execute a change order which has been prepared
by the Engineer and executed by the Owner, the Engineer may in writing instruct the
Contractor to proceed with the work as set forth in the change order and the Contractor
may make claim against the Owner for extra work involved therein, as hereinafter provided.
6.02 Minor Changes
The Engineer may authorize minor changes in the work not inconsistent with the overall
intent of the Contract Documents and not involving an increase m 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.
6.03 Extra Work
It is agreed that the basis of compensation to the Contractor for work either added or
deleted by a change order or for which a claim for extra work is made shall be determined
by the unit prices upon which this contract was bid to the extent such work can be fairly
classified within the various work item descriptions and for work items that cannot be so
classified by one or more of the following methods:
Method (A)
By agreed unit prices; or
Method (B)
By agreed lump sum; or
Method (C)
If neither Method (A) nor Method (B) is agreed upon before the extra work
is commenced, then the Contractor shall be paid the "actual field cost" of the
work, plus fifteen percent (15 %).
In the event said extra work is 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 foremen, 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
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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 workers' compensation, and all other insurance as may
be required by any law or ordinance, or directed or agreed to by the Owner. 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 the
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 one hundred percent
(100 %), 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 percent (15 %) of the "actual field cost" to be paid the Contractor
shall cover and compensate him for his profit, overhead, general superintendence and field
office expense, and all other elements of cost and expense not embraced within the "actual
field cost" as herein defined, save that where the Contractor's camp or field office must be
maintained primarily on account of such extra work; then the cost to maintain and operate
the same shall be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by the
Engineer. In case any orders or instructions, either oral or written, appear to the Contractor
to involve extra work for which he should receive compensation or an adjustment in the
construction time, he shall make written request to the Engineer for written order
authorizing such extra work. Should a difference of opinion arise as to what does or does
not constitute extra work, or as to the payment therefor, and the Engineer insists upon its
performance, the Contractor shall proceed with the work after making written request for
written order and shall keep an accurate account of the "actual field cost" thereof, as
provided under Method (C). The Contractor will thereby preserve the right to submit the
matter of payment to mediation or litigation.
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 mediation 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
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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.
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 shall be allowed as provided
for under Section 6 herein), 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 the Owner may deem
necessary to complete the work and charge the expense of such labor,
machinery, equipment, tools, materials and supplies to the Contractor, and
expense so charged shall be deducted and paid by the Owner out of such
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monies 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 the 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 the Contractor, then the Contractor and/or his surety shall pay the amount
of such excess to the Owner, or
(2) The Owner, under competitive bids taken after notice published as required
by law, may let the contract for the completion of the work under
substantially the same terms and conditions which are provided in this
contract. In case there is any increase in cost to the Owner under the new
contract as compared to what would have been the cost under this contract,
such increase shall be charged to the Contractor and the surety shall be and
remain bound therefor. However, should the cost to complete any such
contract prove to be less than would have been the cost to complete under
this contract, the Contractor and/or his surety shall be credited therewith.
When the work shall have been substantially completed, the Contractor and his surety shall
be so notified and Certificates of Completion and Acceptance, as provided in Paragraph
5.06 hereinabove, shall be issued. A complete itemized statement of the contract accounts,
certified by the Engineer as being correct, shall then be prepared and delivered to the
Contractor and his surety, whereupon the Contractor and /or his surety, or the Owner as the
case may be, shall pay the balance due as reflected by said statement within fifteen (15)
days after the date of such Certificate of Completion.
In the event the statement of accounts shows that the cost to complete the work is less than
that which would have been the cost to the Owner had the work been completed by the
Contractor under the terms of this contract, or when the Contractor and/or his surety shall
pay the balance shown to be due by them to the Owner, then all machinery, equipment,
tools, materials or supplies left on the site of the work shall be turned over to the
Contractor and/or his surety. Should the cost to complete the work exceed the contract
price, and the Contractor and/or his surety fail to pay the amount due the Owner within the
time designated hereinabove, and there remains any machinery, equipment, tools, materials
or supplies on the site of the work, notice thereof, together with an itemized list of such
equipment and materials, shall be mailed to the Contractor and his surety at the respective
addresses designated in this contract; provided, however, that actual written notice given
in any manner will satisfy this condition. After mailing, or other giving of such notice,
such property shall be held at the risk of the Contractor and his surety subject only to the
duty of the Owner to exercise ordinary care to protect such property. After fifteen (15)
days from the date of said notice, the Owner may sell such machinery, equipment, tools,
materials or supplies and apply the net sum derived from such sale to the credit of the
Contractor and his surety. Such sale may be made at either public or private sale, with or
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without notice, as the Owner may elect. The Owner shall release any machinery,
equipment, tools, materials, or supplies, which remain on the work, and belong to persons
other than the Contractor or his surety, to their proper owners. The books on all operations
provided herein shall be opened to the Contractor and his surety.
7.02 Abandonment by Owner
In case the Owner shall fail to comply with the terms of this contract, and should fail to
comply with said terms within ten (10) days after written notification by the Contractor,
then the Contractor may suspend or wholly abandon the work, and may remove therefrom
all machinery, tools and equipment, and all materials on the site of work that have not been
included in payments to the Contractor and have not been wrought into the work.
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 tenns of this agreement and shall certify same to the Owner who shall
pay to the Contractor on or before thirty (30) days after the date of the notification by the
Contractor the balance shown by said final statement as due the Contractor, under the terms
of this agreement.
8. Subcontractors
8.01 Award of Subcontracts for Portions of the Work
Unless otherwise specified in the Contract Documents or in the Instructions to Bidders, the
Contractor, as soon as practicable after the award of the contract, shall furnish to the
Engineer in writing for acceptance by the Owner and the Engineer a list of the names of
the Subcontractors proposed for the principal portions of the work. The Engineer shall
promptly notify the Contractor in writing if either the Owner or the Engineer, after due
investigation, has objection to any Subcontractor on such list and does not accept him.
Failure of the Owner or the 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.
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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 the 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.
8.02 Subcontractual Relations
All work performed for the Contractor by a Subcontractor shall be pursuant to an
appropriate written agreement between the Contractor and the Subcontractor (and where
appropriate between Subcontractors and Sub - subcontractors) which shall contain provisions
that:
preserve and protect the rights of the Owner and the 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;
(1)
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
(3)
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(5)
Contractor upon the Owner;
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.
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 monies to such Subcontractor except as may otherwise be required.
9. Separate Contracts
9.01 Owner's Right to Award Separate Contracts
The Owner reserves the right to award other contracts in connection with other portions of
the project under these or similar conditions of the contract.
When separate contracts are awarded for different portions of the project, "the Contractor"
in the contract documents in each case shall be the contractor who signs each separate
contract.
9.02 Mutual Responsibility of Contractors
The Contractor shall afford other contractors reasonable opportunity for the introduction
and storage of their materials and equipment and the execution of their work, and shall
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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, if he will so settle. If such separate contractor sues the Owner or initiates an
proceeding allowed hereunder 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 costs
or other costs which the Owner has incurred.
9.03 Cutting and Patching under Separate Contracts
The Contractor shall be responsible for any cutting, fitting and patching that may be
required to complete his work, except as otherwise specifically provided in the Contract
Documents. The Contractor shall not endanger any work of any other contractors by
cutting, excavating or otherwise altering any work and shall not cut or alter the work of any
other contractor except with the written consent of the Engineer.
Any costs caused by defective or ill -timed work shall be borne by the party responsible
therefor.
10. Protection of Persons and Property
10.01 Safety Precautions and Programs
The Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the work.
10.02 Safety of Persons and Property
The Contractor shall take all reasonable precautions for the safety of, and shall provide all
reasonable protection to prevent damage, injury, or loss to:
(1) all employees on the work and all other persons who may be affected
thereby:
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(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
other property at the site or adjacent thereto, including trees, shrubs, lawns,
walks, pavements, fences, roadways, structures and utilities not designated
for removal, relocation or replacement in the course of construction.
The Contractor shall comply with all applicable laws, ordinances, rules, regulations and
lawful orders of any public authority having jurisdiction for the safety of persons or
property or to protect them from damage, injury or loss. He shall erect and maintain, as
required by existing conditions and progress of the work, all reasonable safeguards for
safety and protection, including posting danger signs and other warnings against hazards,
promulgating safety regulations and notifying owners and users of adjacent utilities.
When the use or storage of explosives or other hazardous materials or equipment is
necessary for the execution of the work, the Contractor shall exercise the utmost care and
shall carry on such activities under the supervision of properly qualified personnel.
All blasting, including methods of storing and handling explosives and highly inflammable
materials, shall conform to federal, state, local laws and ordinances. All city ordinances
shall be complied with even though some or all of the blasting is done outside the city
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 fumish 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 (24) hours prior to using explosives. A blasting permit must be
obtained from the city at least five (5) days prior to use of explosives. If
blasting is covered under the Contractor's General Insurance Certificate for
each contract, a separate blasting certificate will not be required.
2. The following public utility companies and city departments 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.
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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 of Round Rock or by consulting firms approved by
the city.
8. The Contractor shall maintain accurate records throughout the blasting
operations showing the type explosive used, number of holes, pounds per
hole, depth of hole, total pounds per shot, delays used, date and time of blast
and initials of the inspector. The Contractor is fully responsible for all
claims resulting from his blasting operation.
All damage or loss to any property referred to in this article caused in whole or in part by
the Contractor, any Subcontractor, any Sub - subcontractor, or anyone directly or indirectly
employed by any of them, or by anyone for whose acts any of them may be liable, shall
be remedied by the Contractor, except damage or loss attributable solely to faulty drawings
or specifications or solely to the acts or omissions of the Owner or the 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
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electric lines and other utilities in the work area but such information shall not relieve or
be deemed to be in satisfaction of the Contractor's obligation hereunder, which shall be
primary and nondelegable. Any such lines damaged by the Contractor's operations shall
be immediately repaired by the Contractor or he shall cause such damage to be repaired at
his expense.
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5.0 SPECIAL CONDITIONS
SECTION u INFORMATION
01 -01 ENGINEER
speoondmsuspees
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 Engineers authorized representative to act in
any particular position for the Owner.
01 -02 COPIES OF PLANS_ANU SPECIFICATIO -NS 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 cQYFRNING C ODIS
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 FAILIIRE 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 5250.00
per calendar day.
01 -05 LOCATION
The location of work shall be as mentioned in the Notice to Bidders and as
indicated on Plans.
SC -1
01 -06 USAGE_OF WATER
All water used during construction shall be provided by the City. The City
shall specify the location from which the Contractor is to procure water. The
Contractor shall be responsible for providing all apparatus necessary for
procuring, storing, transporting and using water during construction. The
Contractor shall strive to use that amount of water which is reasonable to
perform the work associated with this contract and shall endeavor to avoid
excessive waste. The Contractor will be required to pay for all watcr used if
it is found that unnecessary or excessive waste is occurring during
construction.
01 -07 PAY ESTIMATES
spccond- msUspccs
If pay estimates from the Contractor are not received by the Engineer on or
before the time specified in Section 5.04 of the General Conditions, then the
pay estimate will not be processed and will be returned to Contractor.
SECTION 02- SPECIAL CONSIDERATIONS
02 -01 CROSSING UTILITIES
Prior to commencing the work associated with this contract, it shall be the
Contractor's responsibility to make arrangements with the Owners of such
utility companies to uncover their particular utility lines or otherwise confirm
their location. Certain utility companies perform such services at their own
expense, however, where such is not the case, the Contractor will cause such
work to be done at his own expense.
02 -02 LITT' dTY SERVICES FOR CONSTRUCTION
The Contractor will be responsible for providing his own utility services while
performing the work associated with this contract. No additional payment will
be made for this item.
SC -2
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 SC AI,F,
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 LIMIT OF FINANCTAT, RESOURCES
The Owner has a limited amount of financial resources committed to this
Project; therefore, it shall be understood by all bidders that the Owner may be
required to change and/or delete any items which he may feel is necessary to
accomplish all or part of the scope of work within its limit of financial
resources. Contractor shall be entitled to no claim for damages 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.
specond.msOspecs
SC -3
02 -06 CONSTRIJCTION REVIEW
specond.msVspecs
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- B1JILT" DRAWINGS
The Contractor shall mark all changes and revisions on all of his copies of the
working drawings during the course of the Project as they occur. Upon
completion of the Project and prior to final acceptance and payment, the
Contractor shall submit to the Engineer one set of his working drawings, dated
and signed by himself and his project superintendent and labeled as "As-
Built", that shows all changes and revisions outlined above and that shows
field locations of all above ground appurtenances including but not limited to
valves, fire hydrants and manholes. These as -built drawings shall become the
property of the Owner. Each appurtenance shall be located by at least two (2)
horizontal distances measured from existing, easily identifiable, immovable
appurtenances such as fire hydrants or valves. Property pins can be used for
as- builts tie -ins provided no existing utilities as previously described are
available. Costs for delivering as -built drawings shall be subsidiary to other
bid items.
02 -10 LAN2.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
SC -4
specond.msVspecs
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 RYIJTII,ITY 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 CONSTRIJCTION STAKING
All construction staking required to complete the work associated with this
contract shall be provided by the Contractor. The Contractor shall be
responsible for determining the layout and extent of staking necessary to
construct the improvements to the lines and grades shown in the Plans. This
item shall not be paid for separately and shall be considered subsidiary to other
bid items.
SECTION 03- TRAFFIC CONTROL
Access shall be provided for residents and emergency vehicles at all times.
When it becomes necessary to restrict access, the Contractor shall notify all
applicable agencies (ie. Fire Department, E.M.S., Public Works, etc.). At the
end of each day two lanes of traffic shall be opened to the public. The
Contractor shall be responsible for all maintenance, signing and safety
precautions necessary for traffic control. This item shall be considered
subsidiary to other bid items and no additional compensation shall be given for
complying with this Special Condition.
SC -5
SECTION 04 VARRANTY BOND
specond.msUspecs
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 ofRound Rock accepfancc ofimprovements. 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.
SC -6
SECTION 05 INSTJRANCF.
Section 3.18 of the General Conditions of the Agreement is hereby amended
to include the following:
3.18 Insurance
specond.mstispecs
Contractor shall carry insurance in the following types and amounts for the
duration of this Contract, which shall include items owned by Owner in care,
custody and control of Contractor prior and during construction and warranty
period, and furnish Certificates of Insurance along with copies of policy
declaration pages and all policy endorsements as evidence thereof:
a. Sta
111• - 1 •
SC -7
ion and minimum $100,000 Employers
T i bili y Insurance
b. Commercial General I.iahility 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 T, iahility_Inaurance 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. Owns and ontractor&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."
specond- msl/specs
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.
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.
SC -8
spccond.msVspccs
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.
Actual losses not covered by insurance as required by the section shall be paid
by Contractor.
SC -9
SECTION 06- WADE 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
specond.ms ✓specs
Publication Date
03/15/1996
COUNTY(ies):
BELL CORYELL TRAVIS
BEXAR GUADALUPE WILLIAMSON
BRAZOS HAYS
COMAL MCLENNAN
Rates Fringes
AIR TOOL OPERATOR 6.500
ASPHALT HEATER OPERATOR 6.500
ASPHALT RAKER 7.011
ASPHALT SHOVELER 6.550
BATCHING PLANT WEIGHER 8.173
BATTERBOUARD SETTER 7.700
CARPENTER 9.054
CONCRETE FINISHER - PAVING 8.600
CONCRETE FINISHER - STRUCTURES 7.903
SC -10
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 '/z C.Y. 8.427
CRANE, CLAMSHELL, BACKHOE,
DERRICK, DRAGLINE, SHOVEL
1 'h C.Y. &:OVER 9.880
FOUNDATION DRILL OPERATOR.
CRAWLER MOUNTED 10.475
FOUNDATION DRILL OPERATOR 10.923
TRUCK MOUNTED
FRONT END LOADER 2 1/2 C.Y. & LESS 7.499
FRONT END LOADER OVER 2 '/x C.Y. 8.255
HOIST - DOUBLE DRUM 10.750
MOTOR GRADER OPERATOR 9.657
PAVEMENT MARKING MACHINE 6.078
PLANER OPERATOR 7.250
ROLLER, STEEL WHEEL PLANT -MIX
PAVEMENTS 7.083
ROLLER, STEEL WHEEL OTHER
spccond,ms ✓ specs
SC -11
FLATWHEEL OR TAMPING 6.403
ROLLER, PNEUMATIC, SELF PROPELLED 6.433
SCRAPER -17 C.Y. & LESS 7.245
SCRAPER -OVER 17 C.Y. 7.495
SELF PROPELLED HAMMER OPERATOR 6.078
SIDE BOOM 9.000
TRACTOR - CRAWLER TYPE 7.539
TRACTOR- PNEUMATIC 6.707
TRENCHING MACHINE 6.850
WAGON-DRILL/BORING MACHINE/POST
HOLE DRILLER OPERATOR 6.926
REINFORCING STEEL SETTER PAVING 8.158
REINFORCING STEEL SETTER
STRUCTURES 9.062
STEEL WORKER - STRUCTURAL 9.242
SIGN ERECTOR 8.640
SPREADER BOX OPERATOR 6.541
BARRICADE SERVICER WORK ZONE 6.078
MOUNTED SIGN INSTALLER PERMANENT
GROUND 6.078
TRUCK DRIVER - SINGLE AXLE LIGHT 6.493
TRUCK DRIVER - SINGLE AXLE HEAVY 6.674
TRUCK DRIVER - TANDEM AXLE SEMI-
TRAILER 6.824
TRUCK DRIVER - LOWBOY/FLOAT 8.041
TRUCK DRIVER - TRANSIT MIX 6.078
WELDER 8.824
Unlisted classifications needed for work riot 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.
specond.msl /specs
END OF GENERAL DECISION
SC -12
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
$0.00
$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
IRONWORKER
$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
$7.75
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
$1.63
$1.00
$0.00
818.54
PAINTER/WALL COVERING INSTALLER
$8.00
$0.00
$0.00
$0.00
$8.00
PIPEFITTER
$18.10
$1.42
$1.80
$0,00
$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
$3.40
$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
WATERPROOFER/CAULKER
$10.64
$0.00
$0.00
$0.00
$10.64
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
COUNTY NAME: WILLIAMSON
spccond.ms ✓specs
PREVAILING WAGE RATE DETERMINATION
BUILDING CONSTRUCTION TRADES
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)
SC -13
6.0 TECHNICAL SPECIFICATIONS
ITEM 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
NOTE:_ The item number designation shown in parentheses adjacent to
captions herein is a reference to City of Austin Standard Specifications.
STREET.WATFR, SEWER AND DRAINAGE IMPROVEMENTS
The current City of Austin Standard Specifications as adopted and amended
by the City of Round Rock and the current City of Austin Erosion and
Sedimentation Control Manual are hereby referred to and included in this
contract as fully and to the same extent as if copied at length herein and they
shall be applied to this project except as modified in these Specifications and
on the Plans.
lec spec.m su:peo.mzsier
Wherever the term "City of Austin" is used in the Austin Specifications, it
shall be construed to mean the City of Round Rock.
Wherever the term "Engineer" is used in the Austin Specifications, it shall be
construed to mean the City of Round Rock.
TS -1
BEAU CONTROL OF WORK
2.01 CLEANUP
2.01.1 CQNSTRUCTIONSITE
2.01.2 BACKWORK
2.02 GRADING
le c h sp a c. m s L/ s p c c. m a s le r
During construction the Contractor shall keep the site free and clean from all
rubbish and debris and shall clean -up the site promptly when notified to do so
by the Engineer.
The Contractor shall, at his own expense, maintain the streets and roads free
from dust, mud, excess earth or debris which constitutes a nuisance or danger
to the public using the thoroughfare, or the 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.
TS -2
ITEM 3 EXAMINATIONAND REVIEW
3.01 EXAMINATIO_N_OFWORK
teehspee.r,suspec.r,aster
The work covered under this Contract shall be examined and reviewed by the
Engineer, representatives of all governmental entities which have jurisdiction,
and the Owner's authorized representative. The quality of material and the
quality of installation of the improvements shall be to the satisfaction of the
Engineer. It shall be the Contractor's responsibility for the construction
methods and safety precautions in the undertaking of this Contract.
3.02 NOTIFICATION
The Engineer and Owner must be notified a minimum of 24 -hours in advance
of beginning construction, testing, or requiring presence of the Engineer,
project representative, or Owner's representative.
3.03 CONSTRIJCTION 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,AIARKS,-ET_.
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.
TS -3
ITEM PROTECTION AND P E..AUTION
4.01 WORK IN FRFFZING WEATHER
Portions of the work may continue as directed by the Engineer.
4.02 PROTECTION OF T RFFS,_P ANT ANDSHRUBS
The Contractor shall take necessary precautions to preserve all existing trees,
plants and shrubs but where it is justifiable and necessary the Contractor may
remove trees and plants for construction right -of -way but only with approval
of the Engineer.
4.03 TRAFFIC CONTROL, MFASU_R_E_S A_ND BARRICADES
Traffic control measures and barricades shall be installed in accordance with
the Texas Manual of Uniform Traffic Control Devices and in other
locations deemed necessary by the Engineer, for the protection life and
property. Under no circumstances will any existing road be permitted to
remain closed over a weekend. No separate pay will be made for this item.
Costs for this item shall be subsidiary to other items of work.
4.04 PROPERTY LINES AND MONUMENTS
The Contractor shall be responsible for the protection, reference and resetting
of property corner monuments if disturbed.
4.05 DTSPOSAT, OF SIJRPI US MATF,RIM,
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 CONTRACTORS_USEOF MIS_ES
techspec.n,suspec.mastcr
The Contractor shall, at his own expense, provide additional space as
necessary for his operations and storage of materials.
TS -4
LTEMS MATERTAI
5.01 TRADE NAMES
5.02
men spec_msospec_" aster
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.
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
RESOLUTION NO. R- 99- 08- 26 -10D2
WHEREAS, the City of Round Rock has duly advertised for bids for
the Waterline Replacement Project, Bid Package A -1, and
WHEREAS, 1 lJd!(.(� .has submitted the lowest and best
bid, and
WHEREAS, the City Council wishes to accept the bid of
„ 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 /� j ,� �� /L for the
Waterline Replacement Project, Bid Package A -1.
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 August, 1999.
ATTEST:
E LAND, City Secretary
K. \WPDOCS \RESOLUTI \R9092SD2 .WPD /Seg
mimli % i l A.
RT- A. STLUKA, 4, Mayor
City of Round Rock, Texas
THE CITY OF ROUN ROCK
PUBLIC WORKS DEPARTMENT
2008 Enterprise Dr.
Round Rock, Texas. 78664
(512) 218-5555 B([) TABULATION
Jim wuso/myooaGirard
uu»wm
1 o 1
CONTRACT : WATERLINE REPLACEMENT
PROGRAM (Bid Package A-1)
LOCATION : City Council Chanibers
Nelson Lewis, Inc,
Bid Bond? Yes
Bid Bond?
� =~,,--e<
COST
DATE: 8/24/99
ITEM
UNIT
APPROX.
QTY.
UNIT
PRICE
COST
UNIT
PRICE
1. Remove and replace existing long-side
double water service including street
repair.
EA
199
$1.*25.00
$283,575.00
2. Remove and replace existing short-
side double water service.
EA
189
$1.190.00
$22*.910.00
3. Remove and replace existing long-side
quadruple water service including street
repair.
EA
15
$1.800.00
$27.000.00
4. Remove and replace existing short-
side quadruple water service.
EA
2
$1,300.00
$2,600u0
5. Remove and replace concrete curb
and gutter.
LF
2.500
$aon
$7,500.00
6. Remove and replace concrete
sidewalk.
SF
25.000
$1.00
$25,000.00
7. Remove and replace concrete
driveway.
Sr
6,000
$1.50
$9,000.00
8. Trench safety
LS
1
$1.00
$1»o
TOTAL:
$579,586.00
N
- a
0
mA- I bicrtab"drJag
0
0
DATE: August 18, 1999
SUBJECT: City Council Meeting — August 26, 1999
ITEM: 10.D.2. Consider a resolution authorizing the Mayor to execute a contract
for the Waterline Replacement Project: Bid Package A -1. The
improvements include the necessary "blue tubing" replacements in
Creekbend, Hermitage, Sam Bass Trails, Somerset, Old Town
Meadows, and Peach Tree Valley. The contract will include the
associated repairs for 405 services. This bid package will complete
all needed repairs west of IH 35 and north of RM 620. Staff Resource
Person: Jim Nuse, Public Works Director.