CM-04-10-070021—Cel --lc
Request for City Council/City Manager Action
Please submit this form when placing items on the council agenda or when submitting an item to the City Manager for approval.
Department: Parks and Recreation Project Manager/Resource: David Buzzell
Contact Person: David Buzzell Council Meeting Date:
Project Name: Buck Egger Park (Phase 1) Project Funding Source: CDBG (Fund 790) 03 Prog. Yr.
ContractorNendor Name: Wolff Construction Assigned Attorney: Veronica Rivera
Amount: $30,120.00 (contract, agreement,agendment,change order, purchase order,etc.)
Is Funding Required? Yes
Council Agenda Item Yes
Submission to City Manager - Yes
X
X
No n
No
No
X
cd 5�.
�e:
Ill" -
61 -10#
(see required signatures below before submission to the City Manager)
X❑ Initial Construction Contract
▪ Construction Contract Amendment #
Change Order
LI Change in Quantity
Unforeseen Circumstances
▪ Initial Professional Services Agreement
IDSupplemental Professional Svcs. Agr. #
Purchasing/Service Agreement
ElPurchase Order
Item(s) to be purchased:
Amount
$30,120.00
❑ Other (Please clearly identify action on lines below)
Agenda Wording: Request for approval of a Contract for Construction Services with Wolff Construction for park
improvements at Buck Egger Park.
For Submission to City Ma .r• e !nl
�'A 10 � -
O
•
Project Mgr. Signature: J 1 ` Date:
Dept. Director Signature:Date:
City Attorney Signature: T Date:
City Manager Signature: Date:
* Le pproval Is required for all Items requesting City Manager's adprov
Finance Approval El Finance -Date and Signature: Elaine S. Wilson 10/19/04
Purchasing -Date and Signature:
giadministraton/cmgr-council actionxls 7.14-04
BLUE SHEET FORMAT
DATE: October 14, 2004
SUBJECT: City Manager Approval - October 22, 2004
ITEM: Request for approval of a Contract for Construction
Services with Wolff Construction for park improvements
at Buck Egger Park.
Department:
Staff Person:
Justification:
PARD
Sharon Prete, Parks and Recreation Director
David Buzzell, Park Development Specialist
Improvements are needed at Buck Egger Park to provide
neighborhood park elements, such as a playground, and
the beautification of a high visibility piece of park property
at the corner of Mays and Logan.
Funding: $97,000.00
Cost: $30,120.00
Source of funds: Community Development Block Grant
Outside Resources: Hall -Bargainer, Inc.
Background Information: This park project was identified in 2001 as a
project that was eligible for CDBG funding and
in 2002 we contracted with Hall/Bargainer, Inc.
for design services for the project. The project
was initially bid for construction services in
June of this year, but we had to reject all bids
because they came in well over our budget.
The scope of the project was cut back and re-
bid in August with the low bidder being Wolff
Construction.
Public Comment:
Blue Sheet Format
Updated 01/20/04
Public Meeting Held in 2002
CITY OF ROUND ROCK
PARKS & RECREATION DEPARTMENT
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
Project Manual For:
Buck Egger Park (Phase 1) Project
July 2004
APPROVED BY
CITY ATTORNEY
CITY OF ROUND ROCK
PARKS & RECREATION DEPARTMENT
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
Project Manual For:
Buck Egger Park (Phase 1) Project
July 2004
Section
TABLE OF CONTENTS
Description No. of Pages
00020 Notice to Bidders 1
00100 Instructions to Bidders 3
00200 Bid Bond 3
00300 Bid Form 4
00410 Statement of Bidder's Safety Experience 1
00500 Agreement 26
City of Round Rock Contract Form 2
CDBG General Conditions of Contract 24
00600 Insurance & Construction Bond Forms 5
00610 Performance Bond 2
00620 Payment Bond 2
00650 Certificate of Liability Insurance 1
00700 General Conditions
-City of Round Rock Forms - General
Conditions
00720 Federal Labor Standards Provisions
00800 Supplemental General Conditions
00900 Special Conditions
01000 Technical Specifications
33
4
7
8
4
00020 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 "Buck Egger Park (Phase 1)" will be received until 2:30 p.m.,
August 24, 2004 then publicly opened and read aloud at the City Hall Council Chambers at the
same address. Bid envelopes should state date and time of bid and "Sealed Bid for Buck Egger
Park (Phase 1)". Bids must also be accompanied by a "Statement of Bidder's Safety Experience"
included in Section 410 of the Project Manual. 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 City of Round Rock Parks and Recreation
Department, 301 West Bagdad, Suite 250, in Round Rock, Texas (512-341-3355) beginning
August 10, 2004 for a non-refundable charge of $25.00 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:
Round Rock Leader:
Tuesday, August 10th, 2004
Tuesday, August 17th, 2004
Page 1
00020 -Revised 7/2003
Austin American Statesman:
Tuesday, August 10th, 2004
Tuesday, August 17th, 2004
NOTICE TO BIDDERS
00100 INSTRUCTIONS TO BIDDERS
INSTRUCTIONS TO BIDDERS
1. Prior to submitting any proposal, bidders are required to read the plans, specifications,
proposal, contract and bond forms carefully; to inform themselves by their independent
research, test and investigation of the difficulties to be encountered and judge for
themselves of the accessibility of the work and all attending circumstances affecting the
cost of doing the work and the time required for its completion and obtain all information
required to make an intelligent proposal.
2. Should the bidder find discrepancies in, or omissions from the plans, specifications, or
other documents, or should he be in doubt as to their meaning, he should notify at once
the Engineer and obtain clarification or addendum prior to submitting any bid.
3. It shall be the responsibility of the bidder to see that his bid is received at the place
and time named in the Notice to Bidders contained herein. Bids received after
closing time will be returned unopened.
4. Bids shall be submitted in sealed envelopes plainly marked "Sealed Bid" and showing the
name of the project, the job number if applicable, and the opening date and time.
5. Bids shall be submitted on proposal forms furnished by the City of Round Rock.
6. All proposals shall be accompanied by a certified cashier's check upon a National or State
bank in an amount not less than five percent (5%) of the total maximum bid price,
payable without recourse to the City of Round Rock, or a bid bond in the same amount
from a reliable surety company, as a guarantee that the bidder will enter into a contract
and execute performance and payment bonds, as stipulated by item 11 below, within ten
(10) days after notice of award of contract to him. Proposal guarantees must be submitted
in the same sealed envelope with the proposal. Proposals submitted without check or bid
bonds will not be considered.
7. All bid securities will be returned to the respective bidders within twenty-five (25) days
after bids are opened, except those which the owner elects to hold until the successful
bidder has executed the contract. Thereafter, all remaining securities, including security
of the successful bidder, will be returned within sixty (60) days.
8. Until the award of the contract, the City of Round Rock reserves the right to reject any
and all proposals and to waive technicalities; to advertise for new proposals; or to do the
work otherwise when the best interest of the City of Round Rock will be thereby
promoted.
00100 7-2003 Instructions to bidders
Page 1
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. Notice to proceed will be issued within sixty (60)
days after contract execution date as defined in the General Conditions.
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. Said performance bond and payment
bond shall be from an approved surety company holding a permit from the State of
Texas, 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. Failure to execute the construction contract within ten (10) days of written notification of
award or failure to furnish the performance bond and payment bond as required by item
11 above, shall be just cause for the annulment of the award. In case of 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.
13. 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.
14. 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
00100 7-2003
Page 2
Instructions to bidders
contract documents must be used by the Contractor's insurer to furnish proof of
insurance.
15. 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. The basis for the bid shall be entire project as shown in the plans and
specifications. The city reserves the right to reduce quantities from the bid for budget
purposes. There shall be no increase in the bid after the bid date.
16. 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;
1) The contract will transfer title of consumable, but not incorporate, materials to the
City of Round Rock at the time and point of receipt by the Contractor;
2) The Contractor will be paid for these consumable materials by the City of Round
Rock as soon as practicable. Payment will not be made directly but considered
subsidiary to the pertinent bid item. The Contractor's monthly estimate will state
that the estimate includes consumables that were received during the month
covered by the estimate; and
3) The designated representative of the City of Round Rock must be notified as soon
as possible of the receipt of these materials so that an inspection can be made by
the representative. Where practical, the materials will be labeled as the property of
the City of Round Rock.
17. No conditional bids will be accepted.
18. 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).
00100 7-2003 Instructions to bidders
Page 3
00200 BID BOND
4Gag
InSC%1C0
GROUP
INSCO INSURANCE SERVICES, INC.
Underwriting Manager for:
Developers Surety and Indemnity Company
Indemnity Company of Califomia
17780 Fitch, Suite 200 • Irvine, Califomia 92614 • (800) 782-1546
www.InscoDico.com
BID BOND
KNOW ALL PERSONS BY THESE PRESENTS,
That we, Wolff Construction
Bond No. 34478-03
as Principal, and Developers Surety and Indemnity Company
,a corporation
authorized to transact a general surety business in the State of Texas, as Surety, are held and firmly bound unto
the City of Round Rock Park and Recreation Department
(hereinafter called the Obligee)
in the full and just sum of Five Percent of Aggregate Bid
Dollars, ($ 5% ) for the payment whereof in lawful money of the United States,
we bind ourselves, our heirs,administrators, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the said PRINCIPAL has submitted the accompanying bid for
Buck Egger Park (Phase 1) Project
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee
in accordance with the terms of such bid, or in the event of the failure of the Principal to enter such Contract, if the Principal shall
pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount
for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation
shall be null and void, otherwise to remain in full force and effect.
Signed and Sealed this
24th
ID -1198 (TX) (BID BOND) (9/01)
day of August
2004
By.
By.
Year
Wolff Construction
ryan Wolff, Owner
ve Surety and Indemnity Company
on . Cast
Principal
Surety
Attomey-in-Fact
Authorized Representative (Name and Title)
,Signature of Authorized Representative
IMPORTANT NOTICE
To obtain information or make a complaint:
You may can the Surety's toll free telephone number
for information or to make a complaint at:
1-800-782-1546
You may also write to the Surety at:
P.O. Box 19725
Irvine, CA 92623-9725
You may contact the Texas Department of
Insurance to obtain information on companies,
coverage, rights or complaints at:
1-800-252-3439
You may write the Texas Department of Insurance at:
P.O. Box 149104
Austin, TX 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 Surety 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 or condition of the attached document.
AVISO IMPORTANCE
Para obtener informacion o para someter una queja:
Usted puede Hamar al numero de telefono gratis de
para informacion o para someter una queja al:
1-800-782-1546
Usted tanbien puede escribir a Surety at:
P.O. Box 19725
Irvine, CA 92623-9725
Puede comunicarse con el Departamento de Seguros
de Texas para obtener information acerca de com-
panies, coberturas, derechos o quejas al:
1-800-252-3439
Puede escribir al Departmento de Seguros de Texas
P.O. Box 149104
Austin, TX 78714-9104
Fax# 512-475-1771
DISPUTAS SOBRE PRIMAS 0 RECLAMOS:
Si tiene una disputa concerniente a su prima o a un
reclamo, debe comunicarse con el Surety primero. Si
no se resuelve la disputa, puede entonces comuni-
carrse con el departamento (TDI).
UNA ESTE AVISO A SU POLIZA: Este aviso es solo
para proposito de informacion y no se convierte en
parte o condicion del documento adjunto.
VNIE
InSC%i
GROUP
Inco Insurance Services, Inc.
Underwriting Manager for:
Developers Surety and Indemnity Company • Indemnity Company of California
17780 Fitch, Suite 200
Irvine, CA 92614
1-800-782-1546
www.InscoDico.com
ID -1404 (TX) (4/01)
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
PO BOX 19725, IRVINE, CA 92623 • (949) 263-3300
www.InscoDico.com
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby make,
constitute and appoint
***Don H. Cast, Judith F. Cast, Mike Miller, jointly or severally***
as its true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporation as surety, bonds, undertakings and
contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper
to be done in connection therewith as the corporation could do, but reserving to the corporation full power of substitution and revocation, and all of the acts of
said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY effective as of November 1, 2000:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is,
authorized to execute Powers of Attorney, qualifying the Attorney(s)-in-Fact named in the Powers of Attorney to execute. on behalf of the corporation, bonds,
undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to
attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by
facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and
in the future with respect to any bond, undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its respective Executive
Vice President and attested by its Secretary this 7th day of November, 2001.
By. ....Js sP0 q j�F7iy
David H. Rhodes, Executive Vice President �, F
cOCT.
10
o 1936 .3
,.n.*n..........
By: 1/14
J
Walter A. Crowell, Secretary
STATE OF CALIFORNIA
)SS.
COUNTY OF ORANGE
On November 7, 2001, before me, Antonio Alvarado, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they
executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the
instrument.
Signature
WITNESS my hand and official seal
CERTIFICATE
_ ,f5 ANTONIO ALVARADO
O G COMM./1300303
2 tom; ' Notary Public - California C
ORANGE COUNTY Y.
My Comm Exgres APRIL 10, 2005
The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the foregoing
Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolution of the respective Boards of Directors
of said corporation set forth in the Power of Attorney, is in force as of the date of this Certificate.
By
This Certificate is executed in the City of Irvine, California, the24th day of August , 2004
David G. Lane, Chief Operating Officer
ID -1438 (DSI) (11/01)
00300 BID FORM
BID FORM
JOB NAME: Buck Egger Park (Phase 1)
JOB LOCATION: Round Rock, Williamson County, Texas
OWNER:
DATE:
Gentlemen:
City of Round Rock, Texas
August 24 , 2004
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 Buck Egger Park (Phase 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:
BUCK EGGER PARK (PHASE 1) BASE BID
Bid Approx. Item Description Unit
Item Quantity Unit and Written Unit Price Price
1. 1 L.S. Mobilization,
complete in place.
for Three Thousand dollars
and zero cents.
Amount
$3,000.00 $3,000.00
2. 1 L.S. Water Connection, excluding water meter,
complete in place.
for Five Hundred dollars
and zero cents. $ 500.00 $ 500.00
3. 120 L.F. 3/4" Sch. 40 PVC Water Line
00300 — 7-2003
complete in place.
for 1,440 dollars
and zero cents.
Page 1
$ 12.00 $1,440.00
Bid Form
Bid Approx. Item Description Unit
Item Quantity Unit and Written Unit Price Price Amount
4. 1 L.S. Unclassified Grading, including fill
material, per plan, complete in place.
for Four Thousand dollars
and zero cents. $ 4,000.00 $4,000.00
5. 1 EA. Assemble and Install Drinking Fountain,
provided by CORR, including gravel sump,
complete in place.
for Fifteen Hundred dollars
and zero cents. $1,500.00 $1,500.00
6. 3,100 S.F. 4" Thick Concrete Flatwork,
complete in place per plan.
for 11,625 dollars
and zero cents.
7. 455 S.F. 6" Thick Concrete Flatwork,
complete in place per plan.
for 1,820 dollars
and zero cents.
$ 3.75 $11,625.00
$ 4.00 $1,820.00
8. 125 L.F. Mortar Stack Rock Wall, including base,
and gravel backfill, complete in place
per plan.
for 2,312 dollars
and fifty cents. $ 18.50 $2,312.50
9. 245 L.F. 8" Concrete Playcurb,
complete in place per plan.
for 2,572 dollars
and fifty cents. $ 10.50 $2,572.50
10. 90 L.F. 4" Sch. 40 Drain Pipe,
complete in place per plan.
for 1,350 dollars
and zero cents.
$ 15.00 $1,350.00
Page 2
00300 — 7-2003 Bid Form
TOTAL BASE BID (Items 1 thru 10):
STATEMENT OF SEPARATE CHARGES:
Materials:
All Other Charges:
*Total:
$ 30,120.00
15,204.00
14,916.00
30,120.00
• Note: This total must be the same amount as shown above for "Total Base Bid"
If this proposal is accepted, the undersigned agrees to execute the contract and provide necessary
bonds and insurance certification as per the Instructions to Bidders and commence work within ten
(10) days after written Notice to Proceed. The undersigned further agrees to complete the work in
full within forty-five (45) calendar days after the date of the written Notice -to -Proceed.
The undersigned certifies that the bid prices contained in the proposal have been carefully checked
and are submitted as correct and final. The Owner reserves the right to reject any or all bids and
may waive any informalities.
Respectfully Submitted,
Signature \
Bryan Wolff
Print Name
Owner
Title for
Wolff Construction
Name of Firm
8/24/04
P.O. Box 1002
Address
(254) 947-8271
Telephone
Salado, Texas 76571
Cell (254) 534-3693
Date Secretary, if Contractor is a
00300 — 7-2003
Corporation
Page 3
Bid Form
Date: August 23, 2004
ratty
ADDENDUM #1
Project Name: Buck Egger Park (Phase 1) Project
This Addendum forms a part of contract and clarifies, corrects or modifies original
bid documents, dated August 5, 2004. Acknowledgement of receipt of this
addendum is required. Failure to do so will subject bidder to disqualification.
Project Clarification
1. "Fibar Drain System" noted on Sheet SP -01 Detail 3 is to be installed at a
later date under a separate contract. This work is not to be included in
this Bid.
2. The "4" SCH 40 Non -Perforated PVC Pipe and Trench Drain' is to be
included in this Bid.
All bidders shall acknowledge receipt of Addendum No. 1 on the signature page
of the proposal. (please write in "Addendum #1 Received" and sign under
the "Note" oQ page 3 of the Bid Form)
es Hemenes, RIA, ASIA
velopment Manager
Round Rock
WEN
t@ 002/002
00410 STATEMENT OF BIDDER'S
SAFETY EXPERIENCE
1
1
1
1
1
J
j
Solicitation Requirements, Contract Forms & Conditions of Contract
Statement of Bidder's Safety Experience Section 00410
Bidder must submit a signed Statement of Bidder's Safety Experience form with its Bid; failure to do so
will constitute an incomplete Bid that may be rejected. In order to make a responsive Bid, Bidder must
provide evidence that it meets minimum OSHA construction safety program requirements, has not been
fined by OSHA for any willful safety violations in the past three years, and lips a lost time injury rate that
doesn't exceed the limits established below. All questions must be answered and data given must be clear
and comprehensive. If necessary, questions may be answered on separate attached sheets.
Company Name: Wolff Construction
Address: P.O. Box 1002 Salado, Texas 76571 Phone: 254/947/8271
Completed by: Bryan Wolff Date: 8/24/04
1. Does the company have a written construction Safety program?
2. Does the company conduct construction safety inspections?
3. Does the company have an active construction safety -training program?
E Yes ❑ No
IE Yes ❑ No
O"Yes ❑ No
4.. The company has not been fined by OSHA for any willful safety violations in the past
Three years. Is this a true statement? E'Yes 0 No
5. Does the company have a lost time injury rate of 7.8 for SIC 15, or 7.6 for SIC 16, or less
over the past three years? 0 Yes 0 No
Attach the company's OSHA 200/300 logs for the past three years.
6. Does the company or affected subcontractors have competent persons in the following
Areas?
A. Scaffolding
B. Excavation
C. Cranes
D. Electrical
E. Fall Protection
F. Confined Spaces
❑ Yes ❑ No (d'N/A
LI'rYes 0 No❑ A
❑ Yes 0 No Q N/A
❑ Yes ❑ No /A
❑ Yes ❑ No /A
❑ Yes 0 No LTN/A
I hereby certify that the above information is true and correct to the best of my ability.
Signature
00410 — 7-2003
1
Title Owner
Statement bidders safety experience
00500 AGREEMENT
CITY OF ROUND ROCK CONTRACT FOR
CONSTRUCTION SERVICES FOR
THE BUCK EGGER PARK PROJECT
THIS CONTRACT is made on this the day of the month of October, 2004, by and
between THE CITY OF ROUND ROCK, TEXAS, a home -rule municipal corporation of
Williamson and Travis Counties, Texas, whose address is 221 East Main Street, Round Rock, Texas,
78664 (hereinafter referred to as "City" and/or "Owner") and WOLFF CONSTRUCTION, whose
address is Post Office Box 1002, Salado, Texas, 76571 (hereinafter referred to as "Wolff" and/or
"Contractor").
WITNESSETH:
That for and in consideration of the mutual terms, conditions and covenants of this Contract
and the accompanying documents between Owner and Contractor and for and in consideration of
payments as set forth therein, Contractor hereby agrees with Owner to commence and complete the
construction described as follows:
Grading of site; installation of site utilities and furnishings; and construction of
concrete flatwork, mortar stack rock wall, and concrete play curb in the City of
Round Rock's Buck Egger Park, hereinafter called the Project;
for a fixed sum not to exceed THIRTY THOUSAND ONE HUNDRED TWENTY AND 00/100
DOLLARS ($30,120.00), together with any and all extra work in connection therewith, under the
terms as stated in the General Conditions, Supplemental Conditions, and Special Conditions of the
Contract, the Community Development Block Grant (CDBG) General Conditions of the Contract,
the CDBG Supplemental Conditions of the Contract, the CDBG Terms and Conditions of the
Contract, the CDBG Labor Standards Provisions of the Contract, the Project Manual, Drawings and
Addenda, as approved by Owner.
Contractor hereby agrees to commence work under this Contract within ten (10) calendar
days following the date contained in the Notice to Proceed issued by Owner, and Contractor hereby
agrees to fully complete the Project within forty-five (45) consecutive calendar days thereafter.
Waiver of any breach of this Contract shall not constitute waiver of any subsequent breach.
Owner agrees to pay Contractor in current funds for the satisfactory performance of the
Contract, in accordance with the Bid or Proposal submitted therefor, subject to proper additions and
deductions, all as provided in the General Conditions, Supplemental Conditions and Special
Conditions of the Contract, the CDBG General Conditions of the Contract, and the CDBG
Supplemental Conditions of the Contract; and Owner agrees to make payments on account thereof
as provided therein. Lack of funds shall render this Contract null and void to the extent funds are
not available.
00074251
( 0,-090
1
If there is any conflict between the terms provided in the General Conditions, Supplemental
Conditions and Special Conditions of the Contract and the CDBG Supplemental Conditions, CDBG
Terms and Conditions, or CDBG Labor Standards Provisions, the CDBG Supplemental Conditions,
CDBG Terms and Conditions, and CDBG Labor Standards Provisions shall prevail.
Although drawn by Owner, both parties hereto expressly agree and assert that in the event
of any dispute over its meaning or application, this Contract shall be interpreted reasonably and
fairly, and neither more strongly for nor against either party.
IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple
counterparts, each of which shall be deemed an original, and have so executed in the year and on the
day first above mentioned.
EXECUTED on the latest date of the signatories indicated below.
OWNER:
CITY OF ROUND ROCK, TEXAS
By:
J
Date
ATTEST:
By:
use, ity anager
ID- 21-04
CONTRACTOR:
WOLFF CONSTRUCTION
Date Signed: ') — -- Q
Christine R. Martinez, City Secretary
APPROVED AS TO FO
(, .� / Cirtt.e'e-.S
By: Stephan L. She s, City Attorney ' a
2
aNsSieli
L . Sbccfs
CDBG GENERAL CONDITIONS OF THE CONTRACT
1. Contract and Contract Documents
The Project to be constructed pursuant to this Contract will be financed with assistance from
the Texas CDBG Program and is subject to all applicable Federal and State laws and regulations.
The General Conditions, Supplemental Conditions, Special Conditions, CDBG Supplemental
Conditions, CDBG Terms and Conditions, CDBG Labor Standards Provisions, Project Manual,
Drawings and Addenda, shall form part of this Contract and the provisions thereof shall be as
binding upon the parties hereto as if they were herein fully set forth.
2. Inspection
The authorized representatives and agents of state and federal agencies having authority and
jurisdiction over this Project shall be permitted to inspect all work, materials, payrolls, records of
personnel, invoices of materials, and other relevant data and records.
3. Insurance
The Contractor shall not commence work under this Contract until it/he/she has obtained all
the insurance required under this paragraph and such insurance has been approved by the Owner, nor
shall the Contractor allow any subcontractor to commence work on a subcontract until the insurance
required of the subcontractor has been so obtained and approved.
(a) COMPENSATION INSURANCE: The Contractor shall procure and shall maintain
during the life of this Contract Workers' Compensation Insurance as required by applicable State law
for all employees to be engaged in work at the site of the Project under this Contract and, in case of
any such work sublet, the Contractor shall require the Subcontractor similarly to provide Workers'
Compensation Insurance for all of the latter's employees to be engaged in such work unless such
employees are covered by the protection afforded by the Contractor's Workers' Compensation
Insurance. In case any class of employees engaged in hazardous work on the Project under this
Contract is not protected under the Workers' Compensation Statute, the Contractor shall provide and
shall cause each Subcontractor to provide adequate employer's liability insurance for the protection
of such employees as are not otherwise protected.
(b) CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE
INSURANCE AND VEHICLE LIABILITY INSURANCE: The Contractor shall procure and shall
maintain during the life of this Contract Contractor's Public Liability Insurance, Contractor's
Property Damage Insurance and Vehicle Liability Insurance in the amounts specified in the
Supplemental General Conditions.
3
(c) SUBCONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE
INSURANCE AND VEHICLE LIABILITY INSURANCE: The Contractor shall either (1) require
each of its/his/her Subcontractors to procure and maintain during the life of the subcontract,
Subcontractor' s Public Liability and Property Damage Insurance and Vehicle Liability Insurance of
the type and in the amounts specified in the Supplemental General Conditions specified in
subparagraph (b) hereof; or (2) insure the activities of its/his/her policy specified in subparagraph
(b) hereof.
(d) SCOPE OF INSURANCE AND SPECIAL HAZARDS: The insurance required under
subparagraphs (b) and (c) hereof shall provide adequate protection for the Contractor and
Subcontractors, respectively, against damage claims which may arise from operations under this
Contract, whether such operations be by the insured or by anyone directly or indirectly employed by
it/him/her, and also against any of the special hazards which maybe encountered in the performance
of this Contract as enumerated in the Supplemental General Conditions.
(e) BUILDER'S RISK INSURANCE (FIRE & EXTENDED COVERAGE): Until the
Project is completed and accepted by the Owner, the Owner, or Contractor (at the Owner's option
as indicated in the Supplemental General Conditions, Form HUD -4238-N) is required to maintain
Builder's Risk Insurance (fire and extended coverage) on a one hundred percent (100%) completed
value basis on the insurable portion of the Project for the benefit of the Owner, the Contractor, and
Subcontractors, as their interests may appear. The Contractor shall not include any costs for
Builder's Risk Insurance (fire and extended coverage) premiums during construction unless the
Contractor is required to provide such insurance; however, this provision shall not release the
Contractor from its/his/her obligation to complete, according to plans and specifications, the Project
covered by the Contract, and the Contractor and its/his/her Surety shall be obligated to full
performance of the Contractor's undertaking.
(f) PROOF OF INSURANCE: The Contractor shall furnish the Owner with certificates
showing the type, amount, class of operations covered, effective dates and date of expiration of
policies. Such certificates shall also contain substantially the following statement: "The insurance
covered by this certificate will not be canceled or materially altered, except after ten (10) days'
written notice has been received by the Owner."
4. Protection of Lives and Health
The Contractor shall exercise proper precaution at all times for the protection of persons and
property and shall be responsible for all damages to persons or property, either on or off the site,
which occur as a result of its/his/her prosecution of the work. The safety provisions of applicable
laws and building and construction codes, in addition to specific safety and health regulations
described by Chapter XIII, Bureau of Labor Standards, Department of Labor, Part 1518, Safety and
Health Regulations for Construction, as outlined in the Federal Register, Volume No. 75, Saturday,
April 17, 1971, Title 29 - LABOR, shall be observed and the Contractor shall take or cause to be
taken such additional safety and health measures as the Contracting Authority may determine to be
4
reasonably necessary.
5. Subcontracts
The Contractor will insert in any subcontract the Federal Labor Standards Provisions
contained herein and such other clauses as the Department of Housing and Urban Development or
applicable Texas agency may by instructions require, and also a clause requiring the Subcontractors
to include these clauses in any lower tier subcontracts which they may enter into, together with a
clause requiring this insertion in any further subcontracts that may in turn be made.
6. Interest of Members of or Delegates to Congress
No members of or delegates to Congress shall be admitted to any share or part of this
Contract or to any benefit that may arise therefrom, but this provision shall not be construed to
extend to this Contract if made with a corporation for its general benefit.
7. Minimum Wage Rate for Laborers and Mechanics
All laborers and mechanics employed upon the work covered by this Contract shall be paid
unconditionally and not Less often than once each week, and without subsequent deduction or rebate
on any account (except such payroll deductions as are made mandatory by law and such other payroll
deductions as are permitted by the applicable regulations issued by the Secretary of Labor, United
States Department of Labor, pursuant to the Anti -Kickback Act hereinafter identified), the full
amount due at time of payment computed at wage rates not less than those contained in the wage
determination decision of said Secretary of Labor, regardless of any contractual relationship which
may be alleged to exist between the Contractor or any Subcontractor and such laborers and
mechanics. All laborers and mechanics employed upon such work shall be paid in cash, except that
payment may be by check if the employer provides or secures satisfactory facilities approved by the
Local Public Agency for the cashing of the same without cost of expense to the employee. For the
purpose of this clause, contributions made or costs reasonably anticipated under Section 1(b) (2) of
the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers
or mechanics, subject to the provisions of Section 5.5(a)(1 )(iv) of Title 29, Code of Federal
Regulations. Also for the purpose of this clause, regular contributions made or costs incurred for
more than a weekly period under plans, funds, or programs, but covering the particular weekly
period, are deemed to be constructively made or incurred during such weekly period.
8. Underpayment of Wages or Salaries
hi case of underpayment of wages by the Contractor or by any Subcontractor to laborers or
mechanics employed by the Contractor or Subcontractor upon the work covered by this Contract,
the Local Public Agency, in addition to such other rights as may be afforded it under this Contract,
shall withhold from the Contractor, out of any payments due the Contractor, so much thereof as the
Local Public Agency may consider necessary to pay such laborers or mechanics the full amount of
5
ages required by this Contract. The amount so withheld may be disbursed by the Local Public
Agency for and on account of the Contractor or the Subcontractor (as may be appropriate), to the
respective laborers or mechanics to whom the same is due or on their behalf to plans, funds, or
programs for any type of fringe benefit prescribed in the applicable wage determination.
9. Anticipated Costs of Fringe Benefits
If the Contractor does not make payments to a trustee or other third person, it/he/she may
consider as part of the wages of a laborer or mechanic the amount ofanycosts reasonably anticipated
in providing fringe benefits under a plan or program of a type expressly listed in the wage
determination decision of the Secretary of Labor; provided, however, the Secretary of Labor has
found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon
Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate
account assets for the meeting of obligations under the plan or program. A copy of any findings made
by the Secretary of Labor in respect to fringe benefits being provided by the Contractor must be
submitted to the Local Public Agency with the first payroll filed by the Contractor subsequent to
receipt of the findings.
10. Overtime Compensation Required by Contract Work Hours and Safety Standards
Act (76 Stat. 357-360: Title 40 U.S.C., Sections 327-332)
(a) OVERTIME REQUIREMENTS. No Contractor or Subcontractor contracting for any
part of the Contract work which may require or involve the employment of laborers or mechanics,
including watchmen and guards, shall require or permit any laborer or mechanic in any workweek
in which he/she is employed on such or to work in excess of forty (40) hours in such workweek
unless such laborer or mechanic received compensation at a rate not less than one and one-half times
his/her basic rate of pay for all hours worked in excess of forty (40) hours in such work week, as the
case may be.
(b) VIOLATION: LIABILITY FOR UNPAID WAGES: LIQUIDATED DAMAGES.
In the event of any violation of the clause set forth in paragraph (a), the Contractor and any
Subcontractor responsible therefor shall be liable to any affected employee for his/her unpaid wages.
In addition, such Contractor and Subcontractor shall be liable to the United States for liquidated
damages. Such liquidated damages shall be computed with respect to each individual laborer or
mechanic employed in violations of the clause set forth in paragraph (a), in the sum of $10 for each
calendar day on which such employee was required or permitted to work in excess of the standard
workweek of forty (40) hours without payment of the overtime wages required by the clause set forth
in paragraph (a).
(c) WITHHOLDING FOR LIQUIDATED DAMAGES. The Local Public Agency shall
withhold or cause to be withheld, from any monies payable on account of work performed by the
Contractor or Subcontractor, such sums as may administratively be determined to be necessary to
satisfy any liabilities of such Contractor or Subcontractor for liquidated damages as provided in the
6
clause set forth in paragraph (b).
(d) SUBCONTRACTS. The Contractor shall insert in any subcontract the clauses set
forth in paragraphs (a), (b), and (c) of this section and also a clause requiring the Subcontractors to
include these clauses in any lower tier subcontracts which they may enter into, together with a clause
requiring this insertion in any further subcontracts that may in turn be made.
11. Employment or Apprentices/Trainees
(a) APPRENTICES will be permitted to work at less than the predetermined rate for
the work they performed when they are employed and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of Labor, Manpower Administration,
Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the
Bureau, or if a person is employed in his first ninety (90) days of probationary employment as an
apprentice in such an apprenticeship program, who is not individually registered in the program, but
who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship
Agency (where appropriate) to be eligible for probationary employment as an apprentice. The
allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the
ratio permitted to the Contractor as to its/his/her entire work force under the registered program. Any
employee listed on a payroll at an apprentice wage rate, who is not a trainee as defined in subdivision
(b) of this subparagraph or is not registered or otherwise employed as stated above, shall be paid the
wage rate determined by the Secretary of Labor for the classification of work he/she actually
performed. The Contractor or Subcontractor will be required to furnish to the contracting officer or
a representative of the Wage -Hour Division of the U.S. Department of Labor written evidence of the
registration of its/his/her program and apprentices as well as the appropriate ratios and wage rates
(expressed in percentages of the journeyman hourly rates), for the area of construction prior to using
any apprentices on the Contract work. The wage rate paid apprentices shall be not less than the
appropriate percentage of the journeyman's rate contained in the applicable wage determination.
(b) TRAINEES. Except as provided in 29 CFR 5.15, trainees will not be permitted to
work at less than the predetermined rate for the work performed unless they are employed pursuant
to and individually registered in a program which has received prior approval, evidenced by formal
certification, by the U.S. Department of Labor, Manpower Administration, Bureau of Apprentice and
Training. The ratio of trainees to journeymen shall not be greater than permitted under the plan
approved by the Bureau of Apprenticeship and Training. Every trainee must be paid at not less than
the rate specified in the approved program for his/her level of progress. Any employee listed on the
payroll at a trainee rate who is not registered and participating in a training plan approved by the
Bureau of Apprenticeship and Training shall be paid not less than the wage rate determined by the
Secretary of Labor for the classification of work he/she actually performed. The Contractor or
Subcontractor will be required to furnish the contracting officer or a representative ofthe Wage -Hour
Division of the U.S. Department of Labor written evidence of the certification of its/his/her program,
the registration of the trainees, and the ratios and wage rates prescribed in that program. In the event
the Bureau of Apprenticeship and Training withdraws approval of a training program, the Contractor
7
will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the
work performed until an acceptable program is approved.
(c) EQUAL EMPLOYMENT OPPORTUNITY. The utilization of apprentices, trainees
and journeymen under this part shall be in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29 CFR Part 30.
12. Section 3
(a) The work to be performed under this Contract is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 70u (Section
3). The purpose of Section 3 is to ensure that employment and other economic opportunities
generated by HUD assistance or HUD -assisted projects covered by Section 3, shall, to the greatest
extent feasible, be directed to low- and very low-income persons, particularly persons who are
recipients of HUD assistance for housing.
(b) The parties to this Contract agree to comply with HUD 's regulations in 24 CFR Part
135, which implement Section 3. As evidenced by their execution of this contract, the parties to this
Contract certify that they are under no contractual or other impediment that would prevent them from
complying with the Part 135 regulations.
(c) The Contractor agrees to send to each labor organization or representative of workers
with which the Contractor has a collective bargaining agreement or other understanding, if any, a
notice advising the labor organization or workers' representative of the contractor's commitments
under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site
where both employees and applicants for training and employment positions can see the notice. The
notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject
to hire, availability of apprenticeship and training positions, the qualifications for each, and the name
and location of the persons taking applications for each of the positions; and the anticipated date the
work shall begin.
(d) The Contractor agrees to include this Section 3 clause in every subcontract subject
to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as
provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that
the Subcontractor is in violation of the regulations in 24 CFR Part 135. The Contractor will not
subcontract with any Subcontractor where the Contractor has notice or knowledge that the
Subcontractor has been found in violation of the regulations in 24 CFR Part 135.
(e) The Contractor will certify that any vacant employment positions, including training
positions, that are filled (1) after the Contractor is selected but before the Contract is executed, and
(2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment
opportunities to be directed, were not filled to circumvent the Contractor's obligations under 24 CFR
Part 135.
8
(f) Noncompliance with HUD regulations in 24 CFR Part 135 may result in sanctions,
termination for default, and debarment or suspension from future HUD -assisted contracts.
(g) With respect to work performed in connection with Section 3 covered Indian housing
assistance, Section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C.
450e) also applies to the work to be performed under this Contract. Section 7(b) requires that to the
greatest extent feasible (I) preference and opportunities for training and employment shall be given
to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian
organizations, and Indian -owned Economic Enterprises. Parties to this Contract that are subject to
the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent
feasible, but not in derogation of compliance with section 7(b).
13. Employment of Certain Persons Prohibited
No person under the age of sixteen (16) and no person who, at the time, is serving sentence
in a penal or correctional institution shall be employed on the work covered in this Contract.
14. Regulations Pursuant to So -Called "Anti -Kickback Act"
The Contractor shall comply with the applicable regulations of the Secretary of Labor, United
States Department of Labor, made pursuant to the so-called "Anti -Kickback Act" of June 13, 1934
(48 Stat. 948: 62 Stat. 862; Title U.S.C., Section 874; and Title 40 U.S.C. Section 276c), and any
amendments or modifications thereof, shall cause appropriate provisions to be inserted in
subcontracts to insure compliance therewith by all Subcontractors, and shall be responsible for
submission of affidavits required by the Subcontractors, except as the Secretary of Labor may
specifically provide for reasonable limitations, variations, tolerances, and exemptions from the
requirements thereof.
15. Employment of Laborers or Mechanics Not Listed In Aforesaid Wage Determination
Decision
Any class of laborers or mechanics which is not listed in the wage determination and which
is to be employed under the Contract will be classified or reclassified conformably to the wage
determination by the Local Public Agency and a report of the action taken shall be submitted by the
Local Public Agency through the State Department of Local Affairs to the Secretary of Labor, United
States Department of Labor. In the event the interested parties cannot agree on the proper
classification or reclassification of a particular class of laborers and mechanics to be used, the
question accompanied by the recommendation of the Local Public Agency shall be referred through
the State Department of Local Affairs to the Secretary of Labor for final determination.
16. Fringe Benefits Not Expressed as Hourly Wage Rates
The Local Public Agency shall require, whenever the minimum wage rate prescribed in the
9
Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an
hourly wage rate and the Contractor is obligated to pay cash equivalent of such a fringe benefit, an
hourly cash equivalent thereof to be established. In the event the interested parties cannot agree upon
a cash equivalent of the fringe benefit, the question, accompanied by the recommendation of the
Local Public Agency, shell be referred to the Secretary of Labor for determination.
17. Posting Wage Determination Decisions and Authorized Wage Deductions
The applicable wage poster of the Secretary of Labor, United States Department of Labor,
and applicable wage determination decisions of said Secretary of Labor with respect to the various
classifications of laborers and mechanics employed and to be employed on the work covered by this
Contract, and a statement showing all deductions, if any, in accordance with the provisions of this
Contract, to be made from wages actually earned by persons so employed or to be employed under
such classifications, shall be posted at appropriate conspicuous points at the site.
18. Complaints, Proceedings, or Testimony by Employees
No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this
Contract are applicable shall be discharged or in any other manner discriminated against by the
Contractor or any Subcontractor because such employee has filed any complaint or instituted or
caused to be instituted any proceeding or has testified or is about to testify in any proceeding under
or relating to the labor standards applicable under this Contract to his/her employer.
19. Claims and Disputes Pertaining to Wage Rates
Claims and disputes pertaining to wage rates or to classifications of laborers and mechanics
employed upon the work covered by this Contract shall be promptly reported by the Contractor in
writing to the Local Public Agency or Public Body for referral to the Secretary of Labor, United
States Department of Labor, whose decision shall be final with respect thereto.
20. Questions Concerning Certain Federal Statutes and Regulations
All questions arising under this Contract which relate to the application or interpretation of
(a) the aforesaid Anti -Kickback Act, (b) the Contract Work Hours and Safety Standards Act, (c) the
aforesaid Davis -Bacon Act, (d) the regulations issued by the Secretary of Labor, United States
Department of Labor, pursuant to said Acts, or (e) the labor standards provisions of any other
pertinent Federal statute, shall be referred through the Local Public Agency and to the Secretary of
Labor, United States Department of Labor, for said Secretary's appropriate ruling or interpretation
which shall be authoritative and may be relied upon for the purposes of this Contract.
21. Payrolls and Basic Payroll Records of Contractor and Subcontractors
The Contractor and each Subcontractor shall prepare its/his/her payrolls on forms satisfactory
10
to and in accordance with instructions to be furnished by the Local Public Agency or Public Body.
The Contractor shall submit weekly to the Local Public Agency or Public Body two (2) certified
copies of all payrolls of the Contractor and of the Subcontractors, it being understood that the
Contractor shall be responsible for the submission of copies of payrolls of all Subcontractors. Each
such payroll shall contain the "Weekly Statement of Compliance" set forth in Section 3.3 of Title
29, Code of Federal Regulations. The payrolls and basic payroll records of the Contractor and each
Subcontractor covering all laborers and mechanics employed upon the work covered by this Contract
shall be maintained during the course of the work and preserved for a period of three (3) years
thereafter. Such payrolls and basic payroll records shall contain the name and address of each such
employee, his/her correct classification, rate of pay (including rates of contributions or costs
anticipated, of the types described in Section 1 (b)(2) of the Davis -Bacon Act,) daily and furnished
by the Local Public Agency or Public Body. The Contractor shall submit weekly to the Local Public
Agency or Public Body two (2) certified copies of all payrolls of the Contractor and of the
Subcontractors, it being understood that the Contractor shall be responsible for the submission of
copies of payrolls of all Subcontractors. Each such payroll shall contain the "Weekly Statement of
Compliance" set forth in Section 3.3 of Title 29, Code of Federal Regulations. The payrolls and basic
payroll records of the Contractor and each Subcontractor covering all laborers and mechanics
employed upon the work covered by this Contract shall be maintained during the course of the work
and preserved for a period of three (3) years thereafter. Such payrolls and basic payroll records shall
contain the name and address of each such employee, his/her correct classification, rate of pay
(including rates of contributions or costs anticipated, of the types described in Section 1 (b)(2) of the
Davis -Bacon Act,) daily and weekly number of hours worked, deductions made, and actual wages
paid. In addition, whenever the Secretary of Labor has found under Section 5.5(a)(1)(iv) of Title 29,
Code of Federal Regulations, that the wages of any laborer or mechanic include the amount of any
costs reasonably anticipated in providing benefits under a plan or program described in Section 1
(b)(2)(B) of the Davis -Bacon Act, the Contractor or Subcontractor shall maintain records which
shows that the commitment to provide such benefits is enforceable, that the plan of program is
financially responsible, and that the plan or program has been communicated in writing to the
laborers or mechanics affected, and records which show the costs anticipated or the actual cost
incurred in providing such benefits. The Contractor and each Subcontractor shall make its/his/her
employment records with respect to persons employed by it/him/her upon the work covered by this
Contract available for inspection by authorized representatives of the Secretary of Housing and
Urban Development, The Texas Department of Local Affairs or appropriate agency, the Local Public
Agency, and the United States Department of Labor. Such representatives shall be permitted to
interview employees of the Contractor or of any subcontractor during working hours on the job.
22. Specific Coverage of Certain Types of Work by Employees
Transporting of materials and supplies to or from the site of the Project or Program to which
this Contract pertains by the employees of the Contractor or any Subcontractor, and the
manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the Project
to which this Contract pertains by persons employed by the Contractor or by any Subcontractor,
shall, for purposes of this Contract, without limiting the generality of the foregoing provisions
11
hereof, be deemed to be work to which these Federal Labor Standards Provisions are applicable.
23. Ineligible Subcontractors
The Contractor must certify that none of the subcontractors are ineligible or debarred through
HUD or the General Services Administration.
24. Provisions to be Included in Certain Subcontracts
The Contractor shall include or cause to be included in each subcontract covering any of the
work covered by this Contract, provisions which are consistent with these Federal Labor Standards
Provisions and also a clause requiring the Subcontractors to include such provisions in any lower tier
subcontracts which they may enter into, together with a clause requiring such insertion in any further
subcontracts that may in turn be made.
25. Breach of Foregoing Federal Labor Standards Provisions
In addition to the causes for termination of this Contract as herein elsewhere set forth, the
Local Public Agency reserves the right to terminate this Contract if the Contractor or any
Subcontractor whose subcontract covers any of the work covered by this Contract shall breach any
of these Federal Labor Standards Provisions. A breach of these Federal Labor Standards Provisions
may also be grounds for debarment as provided by the applicable regulations issued by the Secretary
of Labor, United States Department of Labor.
26. Employment Practices
The Contractor (1) shall, to the greatest extent practicable, follow hiring and employment
practices for work on the Project which will provide new job opportunities for the unemployed and
underemployed, and (2) shall insert or cause to be inserted the same provision in each construction
subcontract.
27. Contract Termination; Debarment
A breach of Section 45 and the Federal Labor Standards Provisions, may be grounds for
termination of the Contract, and for debarment as provided in 29 CFR 5.6.
12
CDBG SUPPLEMENTAL CONDITIONS OF THE CONTRACT
1. SCHEDULE OF OCCUPATIONAL CLASSIFICATIONS AND MINIMUM HOURLY
WAGE RATES AS REQUIRED UNDER PARAGRAPH 7 OF THE CDBG GENERAL
CONDITIONS
As given in the Contract.
2. BUILDER'S RISK INSURANCE
As provided in the CDBG General Conditions, Paragraph 3(e), the Contractor will maintain
Builder' s Risk Insurance (Fire and Extended Coverage) on a one hundred percent (100%) completed
value basis on the insurable portions of the Project for the benefit of the Owner, the Contractor, and
all Subcontractors, as their interests may appear.
3. SPECIAL EQUAL OPPORTUNITY PROVISIONS
The Equal Opportunity Language is contained within the Contract.
4. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS
Applicable only to Federally assisted construction contracts and related subcontracts
exceeding $100,000.
COMPLIANCE WITH AIR AND WATER ACTS: During the performance of this
Contract, the Contractor and all Subcontractors shall comply with the requirements of the Clean Air
Act, as amended, 42 USC 1857 et. seq., the Federal Water Pollution Control Act, as amended, 33
USC 1251 et. seq., and the regulations of the Environmental Protection Agency with respect thereto,
at 40 CFR 15, as amended. In addition to the foregoing requirements, all non-exempt contractors and
subcontractors shall furnish to the Owner, the following:
(a) A stipulation by the Contractor or Subcontractors, that any facility to be utilized in
the performance of any nonexempt contract or subcontract, is not listed on the List of Violating
Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20.
(b) Agreement by the Contractor to comply with all the requirements of Section 114 of
the Clean Air Act, as amended, (42 USC I 857c-8) and Section 308 of the Federal Water Pollution
Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and
information, as well as all other requirements specified in said Section 114 and Section 308, and all
regulations and guidelines issued thereunder.
(c) A stipulation that as a condition for the award of the Contract, prompt notice will be
13
given of any notification received from the Director, Office of Federal Activities, EPA, indicating
that a facility utilized, or to be utilized for the Contract, is under consideration to be listed on the
EPA List of Violating Facilities.
(d) Agreement by the Contractor that it/he/she will include, or cause to be included, the
criteria and requirements in Paragraph (1) through (4) ofthis section in every nonexempt subcontract
and requiring that the Contract will take such action as the Government may direct as a means of
enforcing such provisions.
5. SPECIAL CONDITIONS PERTAINING TO HAZARDS, SAFETY STANDARDS
AND ACCIDENT PREVENTION.
(a) LEAD-BASED PAINT HAZARDS (Applicable to Contracts for construction
or rehabilitation of residential structures): The construction or rehabilitation of residential
structures is subject to the HUD Lead -Based Paint regulations, 24 CFR 35. The Contractor and
Subcontractors shall comply with the provisions for elimination of lead-based paint hazards under
Subpart B of said regulations. The owner will be responsible for the inspections and certifications
required under Section 35.14(F) thereof.
(b) USE OF EXPLOSIVES (Modify as Required): When the use of explosives is
necessary for the prosecution of the work, the Contractor shall observe all local, State and Federal
laws in purchasing and handling explosives. The Contractor shall take all necessary precaution to
protect completed work, neighboring property, water lines, or other underground structures. Where
there is danger to structures or property from blasting, the charges shall be reduced and the material
shall be covered with suitable timber, steel, or rope mats.
The Contractor shall notify all owners of public utility property of intention to use explosives
at least eight (8) hours before blasting is done, closed to such property. Any supervision or direction
of use of explosives by the Engineer does not in any way reduce the responsibility of the Contractor
or its/his/her Surety for damages that may be caused by such use.
(c) DANGER SIGNALS AND SAFETY DEVICES (Modify as Required): The
Contractor shall make all necessary precaution to guard against damages to property and injury to
persons. It/He/She shall put up and maintain in good conditions, sufficient red or warning lights at
night, suitable barricades and other devices necessary to protect the public. In case the Contractor
fails or neglects to take such precautions, the Owner may have such lights and barricades installed
and charge the cost of this work to the Contractor. Such action by the Owner does not relieve the
Contractor of any liability incurred under these specifications or contract.
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CDBG TERMS AND CONDITIONS OF THE CONTRACT
1. TERMINATION OF CONTRACT FOR CAUSE. If, through any cause, the Contractor
shall fail to fulfill in a timely and proper manner its obligations under this Contract, or if the
Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the Local
Public Agency shall thereupon have the right to terminate this Contract by giving written notice to
the Contractor of such termination and specifying the effective date thereof, at least five (5) days
before the effective date of such termination. In such event, all records and data, at the option of the
Local Public Agency become its property.
Notwithstanding the above, the Contractor shall not be relieved of liability to the Local
Public Agency for damages sustained by the Local Public Agency by virtue of any breach of the
Contract by the Contractor, and the Local Public Agency may withhold any payments to the
Contractor for the purpose of set-off until such time as the exact amount of damages due the Local
Public Agency from the Contractor is determined.
2. REPORTS AND INFORMATION. The Contractor, at such times and in such forms as
the Local Public Agency may require, shall furnish the Local Public Agency such periodic reports
as it may request pertaining to the work or services undertaken pursuant hereto, the costs and
obligations incurred or to be incurred in connection therewith, and any other matters covered by this
Contract.
3. RECORDS AND AUDITS. The Contractor shall maintain accounts and records, including
personnel, property and financial records, adequate to identify and account for all costs pertaining
to the Contract and such other records as may be deemed necessary by the Local Public Agency to
assure proper accounting for all project funds. These records will be made available for audit
purposes to the Local Public Agency or any authorized representative, and will be retained for three
(3) years after the expiration of this Contract unless permission to destroy them is granted by the
Local Public Agency.
4. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Contract,
the Contractor agrees as follows:
(a) The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The Contractor will take
affirmative action to ensure that applicants are employed and that employees are treated during
employment without regard to their race, color, religion, sex, or national origin. Such action shall
include, but not be limited to: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided setting forth the
provisions of this non-discrimination clause.
15
(b) The Contractor will, in all solicitations or advertisements for employees placed by
or on behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, creed, color, sex, or national origin.
(c) The Contractor will send to each labor union or representative of workers with which
it has a collective bargaining agreement or other contract or understanding, a notice to be provided
advising said labor union or workers' representatives of the Contractor's commitments under this
section, and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
(d) The Contractor will comply with all provisions of Executive Order 11246 of
September 24,1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(e) The Contractor will furnish all information and reports required by Executive Order
11246 of September 24,1965, and by rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to such books, records, and accounts by the administering
agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such
rules, regulations, and orders.
(f) In the event of the Contractor' s non-compliance with the non-discrimination clauses
of this contract or with any of the said rules, regulations, or orders, this Contract may be canceled,
terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further
Government contracts or federally assisted construction contracts in accordance with procedures
authorized in Executive Orderl 1246 of September 24, 1965, and such other sanctions may be
imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by
rule, regulation, or order of the Secretary of Labor, or as otherwise provided by applicable law.
(g) The Contractor will include the portion of the sentence immediately preceding
paragraph a. and the provisions of paragraphs a. through g. in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section
204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon
each subcontractor or vendor. The Contractor will take such action with respect to any subcontractor
or purchase order as the administering agency may direct as a means of enforcing such provisions,
including sanction for non-compliance: provided, however, that in the event the Contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such
direction by the administering agency, the Contractor may request the United States to enter into
such litigation to protect the interests of the United States.
5. CIVIL RIGHTS ACT OF 1964. Under Title VI of the Civil Rights Act of 1964, no person
shall, on the grounds of race, color, religion or religious affiliation or national origin, be excluded
from participation in, be denied the benefits of, or be subjected to discrimination under any program
or activity receiving Federal financial assistance.
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6. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF
1974
No person in the United States shall on the ground of race, color, national origin, or sex be
excluded from participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity funded in whole or in part with funds made available under this title.
7. "SECTION 3" COMPLIANCE IN THE PROVISION OF TRAINING,
EMPLOYMENT AND BUSINESS OPPORTUNITIES.
The work to be performed under this contract is on a project assisted under a program
providing federal financial assistance from the Department of Housing and Urban Development
through the State of Texas and is subject to the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that, to the greatest
extent feasible, opportunities for training and employment be given lower income residents of the
project area, and contracts for work in connection with the project be awarded to business concerns
which are located in or owned in substantial part by persons residing in the project area.
8. SECTION 504 OF THE REHABILITATION ACT OF 1973. The Contractor will not
discriminate against any employee or applicant for employment because of physical or mental
handicap in regard to any position for which the employee or applicant for employment is qualified.
9. INTEREST OF MEMBERS OF A LOCAL PUBLIC AGENCY. No member of the
governing body of the Local Public Agency and no other officer, employee, or agent of the Local
Public Agency who exercises any functions or responsibilities in connection with the planning and
carrying out of the program, shall have any personal financial interest, direct or indirect, in this
Contract; and the Contractor shall take appropriate steps to assure compliance.
10. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS. No member of the governing
body of the Local Public Agency and no other public official of such locality, who exercises any
functions or responsibilities in connection with the planning and carrying out of the program, shall
have any personal financial interest, direct or indirect, in this Contract; and the Contractor shall take
appropriate steps to assure compliance.
11. ARCHITECTURAL BARRIERS. All design specifications for the construction of any
building or residence shall provide access to the physically handicapped in accordance with the
Architectural Barriers Act of 1968; the American With Disabilities Act of 1990 (28 CRF Part 36),
and applicable Texas statutes.
12. THE GOVERNMENT -WIDE RESTRICTION ON LOBBYING prohibits spending
CDBG funds to influence or attempt to influence federal officials; requires the filing of a disclosure
form when non-CDBG funds are used for such purposes; requires certification of compliance by the
state to include the certification language in grant awards it makes to units of general local
17
government at all tiers and that all subrecipients shall certify accordingly as imposed by Section
1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to
civil penalty of not less than $10,000 and not more than $100,000 for each failure.
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CDBG LABOR STANDARDS PROVISIONS OF THE CONTRACT
Taken from: U.S. Department of Housing and Urban Development
HUD -4010 (2-64)
APPLICABILITY
The Project or Program to which the construction work covered by this Contract pertains is
being assisted by the United States ofAmerica and the following Federal Labor Standards Provisions
are included in this Contract pursuant to the provisions applicable to such Federal Assistance.
A.1(i) Minimum Wages. All laborers and mechanics employed or working upon the site
of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in
the construction or development of the project), will be paid unconditionally and not less often than
once a week, and without subsequent deduction or rebate on any account (except such payroll
deductions as are permitted by regulations issued by the Secretary or Labor under the Copeland Act
(29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof)
due at time of payment computed at rates not less than those contained in the wage determination
of the Secretary of Labor, regardless of any contractual relationship which may be alleged to exist
between the Contractor and such laborers and mechanics. Contributions made or costs reasonably
anticipated for bona fide fringe benefits under Section 1 (b)(2) of the Davis -Bacon Act on behalf of
laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the
provision of 29 CFR 55(a)(1 )(iv); also, regular contributions made or costs incurred for more than
a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the
particular weekly period, are deemed to be constructively made or incurred during such weekly
period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on
the wage determination for the classification of work actually performed, without regard to skill,
except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than
one classification may be compensated at the rate specified for each classification for the time
actually worked therein: Provided, that the employer's payroll records accurately set forth the time
spent in each classification in which work is performed. The wage determination (including any
additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -
Bacon poster (WH -1 321) shall be posted at all times by the Contractor and its Subcontractors at the
site of the work in a prominent and accessible place where it can be easily seen by the workers.
A.1(ii)(a) Any class of laborers or mechanics which is not listed in the wage
determination and which is to be employed under the contract shall be classified in conformance
with the wage determination. U.S. Department of Labor shall approve an additional classification
and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a
classification in the wage determination; and
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(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bonafide fringe benefits bears a reasonable
relationship to the wage rates contained in the wage determination.
A.1(ii)(b) If the Contractor and the laborers and mechanics to be employed in the
classification (if known), or other representatives and the State of Texas agree on the classification
and wage rate (including the amount designated for fringe benefits where appropriate), a report of
the action taken shall be sent by the State of Texas to the Administrator of the Wage and Hour
Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC.
20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every
additional classification action with 30 days of receipt and so advise the State of Texas or will notify
the State of Texas within the 30 -day period that additional time is necessary.
A.1(ii)(c) In the event the Contractor, the laborers or mechanics to be employed in the
classification or their representatives, and the State of Texas do not agree on the proposed
classification and wage rate (including the amount designated for fringe benefits, where appropriate),
the State of Texas shall refer the questions, including the views of all interested parties and the
recommendation of the State of Texas, to the Administrator for determination within 30 days of
receipt and so advise the State of Texas or will notify the State of Texas within the 30 -day period
that additional time is necessary.
A.1(ii)(d) The wage rate (including fringe benefits where appropriate) determined pursuant
to subparagraphs (1 )(b) or (c) of this paragraph, shall be paid to all workers performing work in the
classification under this contract from the first day on which work is performed in the classification.
A.1(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers
or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall
either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit
or an hourly cash equivalent thereof.
A.1(iv) If the Contractor does not make payments to a trustee or other third person, the
Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits if its under a plan or program, provided,
that the Secretary of Labor has found, upon the written request of the contractor, that the applicable
standards of the Davis -Bacon Act have been met. The Secretaryof Labor may require the Contractor
to set aside in a separate account assets for the meeting of obligations under the plan or program.
A.2 Withholding. The State of Texas shall upon its own action or upon written request of
an authorized representative of the Department of Labor withhold or cause to be withheld from the
Contractor under this contract or to any other Federal contract with the same prime contractor, or any
other Federally -assisted contract subject to the Davis -Bacon prevailing wage requirements, which
is held by the same prime contractor so much of the accrued payments or advances as may be
20
considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers,
employed by the Contractor or any Subcontractor the full amount of wages required by the Contract.
In the event of failure to a any laborer or mechanic, including any apprentice, trainee or helper,
employed or working on the site of the work (or under the United States Housing Act of 1937 or
under the Housing Act of 1949 in the construction or development of the project), all or part of the
wages required by the contract, the State of Texas, may, after written notice to the Contractor,
sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds until such violations have ceased. The State of
Texas, may, after written notice to the Contractor, disburse such amounts withheld for and on
account of the contractor or subcontractor to the respective employees to whom they are due. The
Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act Contracts.
A.3(i) Payrolls and basic records. Payroll and basic records relating thereto shall be
maintained by the Contractor during the course of the work preserved for a period of three (3) years
thereafter for all laborers and mechanics working at the site of the work (or under the United States
Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the
project). Such records shall contain the name, address, and social security number of each such
worker, his/her correct classification, hourly rates of wages paid (including rates of contributions or
costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in
Section 1 (b)(2)(b) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions
made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(i)(iv)
that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in
providing benefits under a plan or program described in Section I (b)(2)(b) of the Davis -Bacon Act,
the Contractor shall maintain records which show that the commitment to provide such benefits is
enforceable, that the plan or program is financially responsible, and that the plan or program has
been communicated in writing to the laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such benefits. Contractors employing
apprentices or trainees under approved programs shall maintain written evidence of the registration
of apprenticeship programs and certification of trainee programs, the registration of the apprentices
and trainees, and the ratios and wage rates prescribed in the applicable programs.
A.3(ii)(a) The Contractor shall submit weekly for each week in which any contract work is
performed a copy of all payrolls to the State of Texas if the agency is a party to the contract, but if
the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or
owner, as the case may be, for transmission to the State of Texas. The payrolls submitted shall set
out accurately and completely all of the information required to be maintained under 29 CFR Part
5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH -347 is
available for this purpose and may be purchased from the Superintendent of Documents (Federal
Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, D.C. 20402. The
prime contractor is responsible for the submission of copies of payrolls by all subcontractors.
A.3(ii)(b) Each payroll submitted shall be accompanied by a "Statement of Compliance,"
signed by the Contractor or Subcontractor or its/his/her agent who pays or supervises the payment
21
of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be
maintained under 29 CFR Part 5.5(a)(3)(i) and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee
employed on the contract during the payroll period has been paid the full weekly wages earned,
without rebate, either directly or indirectly from the full wages earned other than permissible
deductions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates
and fringe benefits or cash equivalents for the classification of work performed, as specified in the
applicable wage determination incorporated into the contract.
A.3(ii)(c) The weekly submission of a properly executed certification set forth on the reverse
side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of
Compliance" required by paragraph A.3(ii)(b) of this section.
A.3(ii)(d) The falsification of any of the above certifications may subject the Contractor or
Subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of
Title 31 of the United States Code.
A.3(iii) The Contractor or Subcontractor shall make the records required under paragraph
A.3(i) of this section available for inspection, copying, or transcription by authorized representatives
of the State of Texas or the Department of Labor, and shall permit such representatives to interview
employees during working hours on the job. If the Contractor or Subcontractor fails to submit the
required records or to make them available, the State of Texas may, after written notice to the
Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit
the required records upon request or to make such records available may be grounds for debarment
action pursuant to 29 CFR Part 5.12.
A.4(i) Apprentices and Trainees. Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed pursuant to and individually
registered in bona fide apprenticeship programs registered with the U.S. Department of Labor,
Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State
Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90
days or probationary employment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been certified by the Bureau of Apprenticeship
and Training or a State Apprenticeship Agency (where appropriate) to be eligible or probationary
employment as an apprentice. The allowable rate of apprentices to journeymen on the job site in any
craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work
force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who
22
is not registered or otherwise employed as stated above, shall be paid not less than the applicable
wage rate on the wage determination for the classification of work actually performed. In addition,
any apprentice performing work on the job site in excess of the ratio permitted under the registered
program shall be paid not Less than the applicable wage rate on the wage determination for the work
actually performed. Where a Contractor is performing construction on a project in a locality other
than that in which its program is registered, the ratios and wage rates (expressed in percentages of
the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program
shall be observed. Every apprentice must be paid at not less than the rate specified in the registered
program for the apprentice's level of progress, expressed as a percentage of the journeyman hourly
rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in
accordance with the provisions of the apprenticeship program. If the apprenticeship program does
not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the
wage determination for the applicable classification. If the Administrator determined that a different
practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with
that determination. In the event the Bureau ofApprenticeship and Training, or a State Apprenticeship
Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor
will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for
the work performed until an acceptable program is approved.
A.4(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work
at less than the predetermined rate for the work performed unless they are employed pursuant to and
individually registered in a program which has received prior approval, evidenced by formal
certification by the U.S. Department of Labor, Employment and Training Administration. The ratio
of trainees to journeyman on the job site shall not be greater than permitted under the plan approved
by the Employment and Training Administration. Every trainee must be paid at not less than the rate
specified in the approved program for the trainee's level of progress, expressed as a percentage of
the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid
fringe benefits in accordance with the provisions of the trainee program. If the trainee program does
not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the
wage determination unless the Administrator of the Wage and Hour Division determines that there
is an apprenticeship program associated with the corresponding journeyman wage rate on the wage
determination which provides for less than full fringe benefits for apprentices. Any employee listed
on the payroll at a trainee rate who is not registered and participating in a training plan approved by
the Employment and Training Administration shall be paid not less than the applicable wage rate on
the wage determination for the work actually performed. In addition, any trainee performing work
on the job site in excess of the ratio permitted under the registered program shall be paid not less
than the applicable wage rate on the wage determination for the work actually performed. In the
event the Employment and Training Administration withdraws approval of a training program, the
Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined
rate for the work performed until an acceptable program is approved.
A.4(iii) Equal Employment Opportunity. The utilization of apprentices, trainees and
journeymen under this part shall be in conformity with the equal employment opportunity
23
requirements of Executive Order 11246, as amended, and 29 CFR Part 30.
A.S. Compliance with Copeland Act requirements. The Contractor shall comply with the
requirements of 29 CFR Part 3 which are incorporated by reference in this contract.
A.6. Subcontracts. The Contractor or Subcontractor will insert in any subcontracts the
clauses contained in 29 CFR Part 5.5(a)(1) through (10) and such other clauses as the State of Texas
may by appropriate instructions require, and also a clause requiring the Subcontractors to include
these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR
Part 5.5.
A.7. Contract Termination; Debarment. A breach of the contract clauses in 29 CFR 5.5 may
be grounds for termination of the contract, and for debarment as a Contractor and a Subcontractor
a provided in 29 CFR 5.12.
A.S. Compliance with Davis -Bacon and Related Act Requirements. All rulings and
interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein
incorporated by reference in this contract.
A.9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards
provisions of this contract shall not be subject to the general disputes clause of this contract. Such
disputes shall be resolved in accordance with the procedures of the Department of Labor set forth
in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the
Contractor (or any of its Subcontractors) and HUD or its designee, the U.S. Department of Labor,
or the employees or their representatives.
A.10(i) Certification ofEligibility. By entering into this contract, the Contractor certifies that
neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a
person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -
Bacon Act or 29 CFR 5.12(a)(l) or to be awarded HUD contracts or participate in HUD programs
pursuant to 24 CFR Part 24.
A.10(ii) No part of this contract shall be subcontracted to any person or firm ineligible for
award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR Part
5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part
24.
A.10(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code,
18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U. S.C., "Federal Housing
Administration transactions", provides in part: "Whosoever, for the purpose of influencing in any
way the action of such Administration...makes, utters or publishes any statement, knowing the same
to be false...shall be fined not more than $5,000 or imprisoned not more than two years, or both."
24
A.11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to
whom the wage, salary, or other labor standards provisions of this contract are applicable shall be
discharged or in any other manner discriminated against by the Contractor or any Subcontractor
because such employee has filed any complaint or instituted or caused to be instituted any
proceeding or has testified or is about to testify in any proceeding under or relating to the labor
standards applicable under this contract to his employer.
B. Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms
"laborers" and "mechanics" include watchmen and guards.
B.1. Overtime requirements. No Contractor or Subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics shall require
or permit any such laborer or mechanic in any workweek in which he or she is employed on such
work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked
in excess of 40 hours in such workweek, whichever is greater.
B.2. Violation: Liability for unpaid wages; Liquidated damages. In the event of any violation
of the clause set forth in subparagraph (1) of this paragraph, the Contractor and any Subcontractor
responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and
Subcontractor shall be liable to the United States (in the case of work done under contract for the
District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this
paragraph, in the sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of 40 hours without payment of the overtime
wages required by the clause set forth in subparagraph (1) of this paragraph.
B.3. Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon
its own action or upon written request of an authorized representative of the Department of Labor
withhold or cause to be withheld, from any moneys payable on account of work performed by the
Contractor or Subcontractor under any such contract or any other Federal contract with the same
prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the same prime contractor such sums as may be determined
to be necessary to satisfy any liabilities of such Contractor or Subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph.
B.4. Subcontracts. The Contractor or Subcontractor shall insert in any subcontracts the
clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be
responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth
in subparagraphs (1) through (4) of this paragraph.
25
C. Health and Safety.
C.1 No laborer or mechanic shall be required to work in surroundings or under working
conditions which are unsanitary, hazardous, or dangerous to this health and safety as determined
under construction safety and health standards promulgated by the Secretary of Labor by regulation.
C.2. The Contractor shall comply with all regulations issued by the Secretary of Labor
pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition
of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83
Stat 96).
C.3. The Contractor shall include the provisions of this Article in every subcontract so that
such provisions will be binding on each Subcontractor. The Secretary of Housing and Urban
Development, the Secretary of Labor, or the State of Texas shall direct as a means of enforcing such
provisions.
26
00600 INSURANCE AND
CONSTRUCTION BOND FORMS
BOND NO: 560362P
PERFORMANCE BOND
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON
That Wolff Construction of the City of Salado County of
Bell , and State of Texas , as Principal, and Developers Surety and
Indemnity Compavy
authorized under the law of the State of Texas to act as surety on bonds for principals, are held
and firmly bound unto THE CITY OF ROUND ROCK, TEXAS, (Owner), in the penal sum of
Thirty Thousand One Hundred Twenty and N0/100 dollars ($ 30,120.00 ) 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 , 200_ 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:
Buck Egger Park (Phase 1)
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.
Page 1
00610- 7/2003 Performance Bond
PERFORMANCE BOND (continued)
Surety, for value received, stipulates and agrees that no change, extension of time, alteration or
addition to the term of the contract, or to the work performed thereunder, or the plans,
specifications, or drawings accompanying the same, shall in anywise affect its obligation on this
bond, and it does hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the contract, or to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument
this day of , 200 .
WOLFF CONSTRUCTION
Principal
Brian Wolff
Printed Name
By:
Title: Owner
Address: P. 0. Box 1002
Salado, TX 76571
gent of Surety:
`4, a i e
Don H. Cast
Printed Name
3500 SW H.K. Dodgen Loop
Street Address
Temple, TX 76505
City, State & Zip Code
DEVELOPERS SURETY AND INDEMNITY COMPANY
Surety
Don` 1 CC st
•
Printed Na
By:
Title:
Attorney -In -Fact
Address: P. 0. Box 4045
Temple, TX 76505
Page 2
00610- 7/2003 Performance Bond
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
PO BOX 19725, IRVINE, CA 92623 • (949) 263-3300
www.InscoDico.com
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby make,
constitute and appoint:
***Don H. Cast, Judith F. Cast, Mike Miller, jointly or severally***
as its true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporation as surety, bonds, undertakings and
contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper
to be done in connection therewith as the corporation could do, but reserving to the corporation full power of substitution and revocation, and all of the acts of
said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY effective as of November I, 2000:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is,
authorized to execute Powers of Attorney, qualifying the Attorney(s)-in-Fact named in the Powers of Attorney to execute, on behalf of the corporation, bonds,
undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to
attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by
facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and
in the future with respect to any bond, undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its respective Executive
Vice President and attested by its Secretary this 7th day of November, 2001.
By:
David H. Rhodes, Executive Vice President
By:
Walter A. Crowell, Secretary
STATE OF CALIFORNIA
)SS.
COUNTY OF ORANGE
On November 7, 2001, before me, Antonio Alvarado, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they
executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the
instrument.
Signature
WITNESS my hand and official seal
CERTIFICATE
ANTONIO ALVARADO Y
CI COMM. N 1300303
2 �; i Notary Public - California C
ORANGE COUNTY 0
My Comm. Expires APRIL 10, 2005 l
The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the foregoing
Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolution of the respective Boards of Directors
of said corporation set forth in the Power of Attorney, is in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, the 11th day of October
By
is—
David G. Lane, Chief Operating Officer
ID -1438 (DSI) (11/01)
2004
PAYMENT BOND
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
BOND NO: 560362P
KNOWALLMENBYTHESEPRESENTS: That Wolff Construction , of the City of
Bell as
Salado
Dev.clopera'ciaathd , and State of Texas
Principal, and Tnri„; ty c „,y authorized under the laws of the State of Texas to act as Surety
on Bonds for Principals, are held and firmly bound unto THE CITY OF ROUND ROCK,
(OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest
may appear, all of whom shall have the right to sue upon this bond, in the penal sum of
Dollars
Thirty Thousand One Hundred Tweny and N0/100 ($
$30, 120.00 ) for tfre payment whereof, well and truly be made the said
Principal and Surety bind themselves and their heirs, administrators, executors, successors, arid
assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the
day of , 20 , 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:
kitA
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said
Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and
suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment,
supplies and materials done and furnished for the construction of the improvements of said
Contract, then this obligation shall be and become null and void; otherwise to remain in full
force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253,
Texas Government code, as amended, and all liabilities on this bond shall be determined in
accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at
length herein,
Page 1
00620 - 7/2003 Payment Bond
PAYMENT BOND (continued)
Surety, for value received, stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the contract, or to the work performed thereunder, or the plans,
specifications or drawings accompanying the same shall in anywise affect it's obligation on this
bond, and it does hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the contract, or to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument
this day of , 20 .
Wolff •Construction Developers Surety and Indemnity Company
Principal Surety
Brian Wolff Don it. Cast
Printe\Name
By:
Title: Owner
Address: P. 0. Box 1002
Printe N
By:
Title: ttor ey-I -Fact
Address: P. 0. Box 4045
Salado, TX 76571 Temple, TX 76505
R: de A nt of Surety:
Situr
Don H. Cast
Printed Name
3500 SW H.K. Dodgen Loop
Street Address
Temple, TX 76505
City, State & Zip Code
00620-7/2003
Page 2
Payment Bond
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
PO BOX 19725, IRVINE, CA 92623 • (949) 263-3300
www.InscoDico.com
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby make,
constitute and appoint:
***Don H. Cast, Judith F. Cast, Mike Miller, jointly or severally***
as its true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporation as surety, bonds, undertakings and
contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary. requisite or proper
to be done in connection therewith as the corporation could do, but reserving to the corporation full power of substitution and revocation, and all of the acts of
said Attomey(s)-in-Fact, pursuant *0 these presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY effective as of November 1, 2000:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is,
authorized to execute Powers of Attorney, qualifying the Attorney(s)-in-Fact named in the Powers of Attorney to execute, on behalf of the corporation, bonds,
undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be. and each of them hereby is, authorized to
attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by
facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and
in the future with respect to any bond. undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its respective Executive
Vice President and attested by its Secretary this 7th day of November, 2001.
By:
David H. Rhodes, Executive Vice President
By: V l/l
Walter A. Crowell, Secretary
STATE OF CALIFORNIA
)SS.
COUNTY OF ORANGE
42.•• POR4l�R7i
.4.0)( OCT.tr
ew: 10
0 1936 ;a3
On November 7, 2001, before me, Antonio Alvarado, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they
executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the
instrument.
Signature
WITNESS my hand and official seal
CERTIFICATE
ANTONIO ALVARADO
COMM. N 1300303
Notary Public - California
ORANGE COUNTY L'
My Comm. Expires APRIL 10, 2005
The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the foregoing
Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolution of the respective Boards of Directors
of said corporation set forth in the Power of Attorney, is in force as of the date of this Certificate.
This Cenificate is executed in the City of Irvine, California, the 11th day of October , 2004
By
David G. Lane, Chief Operating Officer
ID -1438 (DSI) (11/01)
CERTIFICATE OF LIABILITY INSURANCE Date: 09/22/04
PRODUCER
Don Cast Insurance, Inc.
P. 0. Box 4045
Temple, TX 76505
INSURED
Wolff Construction Company
P. 0. Box 1002
Salado, TX 76571
THIS IS TO CERTIFY THAT the Insured
business operations hereinafter described,
standard policies used by the companies,
below.
COMPANIES AFFORDING COVERAGE
A Bituminous Casualty
B Texas Mutual Insurance
C
D
Company
named above is insured by the Companies Listed above with respect to th
for the types of insurance and in accordance with the provisions of th
and further hereinafter described. Exceptions to the policies are note[
CO TYPE OF POLICY
LTR INSURANCE NUMBER
A GENERAL LIABILITY
EFFECTIVE EXPIRATION LIMITS
DATE DATE
A AUTOMOBILE LIABILITY
EXCESS LIABILITY
CLP 3193743 07/30/04
07/30/05
GENERAL AGGREGATE
PRODUCTS-COMP/OP AGG.
PERSONAL & ADV. INJURY
EACH OCCURRENCE
FIRE DAMAGE (Any one fire)
MED. EXPENSE (Any one person)
$2,000,000
$2,000.000
$1,000,000
$1,000,000
$ 100,000
$ 5,000
CAP3193741
07/30/04 07/30/05
COMBINED SINGLE LIMIT
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE
$1,000,000
$
B WORKERS' COMPENSATION
EACH OCCURRENCE
AGGREGATE
AND EMPLOYERS' LIABILITY
PROFESSIONAL LIABILITY
TSF -00657321 07/30/04 07/30/05
STATUTORY LIMITS
EACH ACCIDENT
DISEASE - POLICY LIMIT
DISEASE - EACH EMPLOYEE
$ 500,000
$ 500,000
$ 500,000
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS/EXCEPTIONS
Buck Egger Park (Phase I)
The City of Round Rock is named as additional insured with respect to all policies except 'Workers' Compensation and Employers' Liability'
and 'Professional Liability'. Should any of the above described policies be 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 Manager
City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
(1(16511 — Tnnnt
Page 1
SIGOUREOF AUTHORI7�ED REPRESENTATIVE
ki6117t
Typed Name: Don H. Cast
Title: President
00700 GENERAL CONDITIONS
City of Round Rock Contract Forms
General Conditions Section 00700
TABLE OF CONTENTS OF GENERAL CONDITIONS
Article
Number & Title
Page
Number
1. DEFINITIONS 2
2. PRELIMINARY MATTERS 5
3. CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 6
4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL
CONDITIONS; REFERENCE POINTS 6
5. BONDS AND INSURANCE 8
6. CONTRACTOR'S RESPONSIBILITIES 10
7. OTHER WORK 17
8. OWNER'S RESPONSIBILITIES 17
9. ENGINEER/ARCHITECT'S STATUS DURING CONSTRUCTION 18
10. CHANGES IN THE WORK 19
11. CHANGE OF CONTRACT AMOUNT 20
12. CHANGE OF CONTRACT TIMES
22
13. TESTS AND INSPECTIONS; AND CORRECTION
OR REMOVAL OF DEFECTIVE WORK 23
14. PAYMENTS TO CONTRACTOR AND COMPLETION 25
15. SUSPENSION OF WORK AND TERMINATION 29
16. DISPUTE RESOLUTION 30
17. RIGHT TO AUDIT 31
18. MISCELLANEOUS
00700 07/07/03
00009166.DOC
32
Page 1 General Conditions
GENERAL CONDITIONS
ARTICLE 1 - DEFINITIONS
Whenever used in these General Conditions or in
the other Contract Documents the following terms
have the meanings indicated which are applicable to
both the singular and plural thereof:
1.1 Addenda - Written or graphic instruments
issued prior to the receipt of Proposals or the
opening of Bids that clarify, correct or change the
proposal or bidding requirements or the Contract
Documents.
1.2 Agreement - Prescribed form, referenced as
Section 00500.
1.3 Alternative Dispute Resolution - The
process by which a disputed Claim may be settled if
the OWNER and the CONTRACTOR cannot reach
an agreement between themselves, as an
alternative to litigation.
1.4 Bid - Proposal of bidder on prescribed forms
setting forth prices for performing the Work
described in the Contract Documents.
1.5 Bid Documents - The advertisement or
invitation for bids, instructions to bidders, the bid
form, the Contract Documents and Addenda.
1.6 Calendar Day - Any day of the week; no
days being excepted. Work on Saturdays, Sundays,
and/or Legal Holidays shall only be conducted with
prior express written consent of the OWNER.
1.7 Change Directive - A written directive to the
CONTRACTOR, signed by the OWNER, ordering a
change in the Work and stating a proposed basis for
adjustment, if any, in the Contract Amount or
Contract Time, or both. A Change Directive may be
used in the absence of total agreement on the terms
of a Change Order. A Change Directive does not
change the Contract Amount or Contract Time, but
is evidence that the parties expect that the change
directed or documented by a Change Directive will
be incorporated in a subsequently issued Change
Order.
1.8 Change Orders - Written agreements
entered into between the CONTRACTOR and the
OWNER authorizing an addition, deletion, or
revision to the Contract, issued on or after the
Execution Date of the Agreement and within the
Contract term.
1.9 Claim - A written demand seeking, as a
matter of right, adjustment or interpretation of
Contract terms, payment of money, extension of
time or other relief with respect to the terms of the
Contract.
1.10 Contract - The Contract represents the
entire and integrated agreement between the
OWNER and the CONTRACTOR for performance of
the Work, as evidenced by the Contract Documents.
1.11 Contract Amount - The amount payable by
the OWNER to the CONTRACTOR for completion of
the Work in accordance with the Contract
Documents.
1.12 Contract Documents - Project Manual,
Drawings, Addenda and Change Orders.
1.13 Contract Time - The number of days allowed
for completion of the Work as defined by the
Contract. When any period is referred to in days, it
will be computed to exclude the first and include the
last day of such period. A day of twenty-four (24)
hours measured from midnight to the next midnight
will constitute a day.
1.14 CONTRACTOR - The individual, firm,
corporation, or other business entity with whom the
OWNER has entered into the Contract.
1.15 Drawings - Those portions of the Contract
Documents which are graphic representations of the
scope, extent and character of the Work to be
furnished and performed by the CONTRACTOR and
which have been approved by the OWNER.
Drawings may include plans, elevations, sections,
details, schedules and diagrams. Shop Drawings
are not Drawings as so defined.
1.16 Engineer/Architect (E/A) - The OWNER's
design professional identified as such in the
Contract. The titles of "Architect/Engineer,"
"Architect" and "Engineer" used in the Contract
Documents shall be read the same as
Engineer/Architect (E/A). Nothing contained in the
Contract Documents shall create any contractual or
agency relationship between E/A and the
CONTRACTOR.
1.17 Equal - The terms "equal" or "approved
equal" shall have the same meaning.
1.18 Execution Date - Date of last signature of
the parties to the Agreement.
00700 07/07/03 Page 2 General Conditions
1.19 Field Order - A written order issued by
Owner's Representative which orders minor
changes in the Work and which does not involve a
change in the Contract Amount or the Contract
Time.
1.20 Final Acceptance — The stage in the Contract
process when, in the OWNER's opinion, Final
Completion of the Work has been attained and a
Certificate of Acceptance approved by the OWNER
is issued.
1.21 Final Completion - The stage in the progress
of the Work when, in the OWNER's opinion, the
entire Work has been completed, the
CONTRACTOR'S obligations under the Contract
Documents have been fulfilled, and the OWNER is
processing or has made final payment to the
CONTRACTOR, as evidenced by a Certificate of
Acceptance approved by the OWNER.
1.22 Inspector - The authorized representative of
any regulatory agency that has jurisdiction over any
portion of the Work.
1.23 Legal Holidays
1.23.1 The following are
OWNER:
Holiday
New Year's Day
Martin Luther King, Jr
Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Friday after
Thanksgiving
Christmas Eve
Christmas Day
00700 07/07/03
recognized by the
Date Observed
January 1
.'s Third Monday
in January
Third Monday
in February
Last Monday
in May
July 4
First Monday
in September
November 11
Fourth Thursday
in November
Friday after
Thanksgiving
December 24
December 25
1.23.2 If a Legal Holiday falls on Saturday, it will be
observed on the preceding Friday. If a Legal
Holiday falls on Sunday, it will be observed on the
following Monday.
1.23.3 If Christmas Eve falls on a Saturday or a
Sunday, the preceding Friday is observed as the
Christmas Eve holiday.
1.23.4 If Christmas Day falls on a Saturday or a
Sunday, the following Monday is observed as the
Christmas Day holiday.
1.24 Milestones - A significant event specified in
the Contract Documents relating to an intermediate
completion date or time prior to Substantial
Completion of all the Work.
1.25 Notice to Proceed - A Written Notice given
by the OWNER to the CONTRACTOR fixing the
date on which the Contract Times will commence to
run and on which the CONTRACTOR shall start to
perform the CONTRACTOR's obligations under the
Contract Documents.
1.26 OWNER — The City of Round Rock, Texas,
a municipal corporation, home -rule city and political
subdivision organized and existing under the laws of
the State of Texas, acting through the City Manager
or his/her designee, officers, agents or employees to
administer design and construction of the Project.
1.27 Owner's Representative - The designated
representative of the OWNER.
1.28 Partial Occupancy or Use - Use by the
OWNER of a partially completed part of the Work for
the purpose for which it is intended (or a related
purpose) prior to Substantial Completion of all the
Work.
1.29 Proiect - The total construction of which the
Work to be provided under the Contract Documents
may be the whole, or a part, as indicated elsewhere
in the Contract Documents.
1.30 Project Manual - That portion of the Contract
Documents which may include the following:
introductory information; bidding requirements,
Contract forms and General and Supplemental
General Conditions; General Requirements;
Specifications; Drawings; Project Safety Manual;
and Addenda.
1.31 Proposal — Proposal of Offeror, under Local
Govemment Code §271.113 providing for altemative
project delivery methods, on prescribed forms
Page 3 General Conditions
setting forth prices for performing the Work
described in the Contract Documents.
1.32 Proposal Documents — The advertisement
or invitation for Proposals, Instruction to Offerors,
the Proposal form, the Contract Documents and
Addenda.
1.33 Resident Proiect Representative - The
authorized representative of EJA who may be
assigned to the site or any part thereof.
1.34 Shop Drawings - All drawings, diagrams,
illustrations, schedules and other data or information
which are specifically prepared or assembled by or
for the CONTRACTOR and submitted by the
CONTRACTOR as required by the Contract
Documents.
1.35 Specifications - Those portions of the
Contract Documents consisting of written technical
descriptions as applied to the Work, which set forth
to the CONTRACTOR, in detail, the requirements
which must be met by all materials, equipment,
construction systems, standards, workmanship,
equipment and services in order to render a
completed and useful project.
1.36 Substantial Completion - The stage in the
progress of the Work when the Work, or designated
portions thereof, may still require minor
modifications or adjustments but, in the OWNER's
opinion, the Work has progressed to the point such
that all parts of the Work under consideration are
fully operational, as evidenced by a Certificate of
Substantial Completion approved by the OWNER.
1.37 Subcontractor - An individual, firm, or
corporation having a direct contract with the
CONTRACTOR for the performance of a part of the
Work.
1.38 Sub -subcontractor - A person or entity who
has a direct or indirect contract with a Subcontractor
to perform a portion of the Work.
1.39 Superintendent - The representative of the
CONTRACTOR authorized in writing to receive and
fulfill instructions from Owner's Representative, and
who shall supervise and direct construction of the
Work.
1.40 Supplemental General Conditions - The part
of the Contract Documents which either amends or
supplements the General Conditions. All General
Conditions which are not so amended or so
supplemented shall be considered as remaining in
full force and effect.
1.41 Supplier - An individual or entity having a
direct contract with the CONTRACTOR or with any
Subcontractor to furnish materials or equipment to
be incorporated in the Work by the CONTRACTOR
or any Subcontractor.
1.42 Time Extension Request - An approved
request for time extension on a form acceptable to
the OWNER.
1.43 Work - The entire completed construction, or
the various separately identifiable parts thereof,
required to be furnished under the Contract
Documents.
1.44 Working Dav - Any day of the week, not
including Saturdays, Sundays, or Legal Holidays, in
which conditions not under the CONTRACTOR's
control will permit work for at least seven (7) hours
of the Working Times. Upon authorization by the
Owner's Representative, work on Saturdays,
Sundays and/or Legal Holidays may be allowed and
in that event a Working Day will be counted for each
such day.
1.45 Working Times — Times of day(s) during
which work may be performed. Unless authorized
by Owner's Representative, all Work shall be
performed between 7:00 a.m. and 6:00 p.m. on
weekdays and, if previously authorized as provided
for in paragraph 1.44 or paragraph 1.6 herein, as
applicable, between 9:00 a.m. and 6:00 p.m. on
Saturdays, Sundays or Legal Holidays. When the
CONTRACTOR has been authorized to perform
Work during hours outside Working Times, such
hours shall be considered time worked on Working
Day contracts. Notwithstanding the preceding,
emergency work may be done without prior
permission only as provided in paragraph 6.11.5
herein.
1.46 Written Notice - Written communication
between the OWNER and the CONTRACTOR.
Written Notice shall be deemed to have been duly
served if delivered in person to Owner's
Representative or to the CONTRACTOR'S duly
authorized representative, or if such Written Notice
is delivered to or sent by registered or certified mail
to the attention of Owner's Representative or to the
CONTRACTOR's duly authorized representative at
the last business address known to the party giving
notice.
ARTICLE 2 - PRELIMINARY MATTERS
00700 07/07/03 Page 4 General Conditions
2.1 Delivery of Agreement, Bonds,
Insurance,
and Other Documentation:
Within ten (10) Calendar Days after written
notification of award of Contract, the CONTRACTOR
shall deliver to the OWNER signed Agreement,
Bond(s), Insurance Certificate(s) and other
documentation required for execution of the
Contract.
2.2 Copies of Documents:
The OWNER shall furnish to the CONTRACTOR
two (2) copies of the Contract Documents unless
otherwise specified. Additional copies will be
furnished, upon request, at the cost specified in the
Supplemental General Conditions.
2.3 Commencement of Contract Times;
Notice to Proceed:
The Contract Time(s) will begin to run on the day
indicated in the Notice to Proceed. Notice to
Proceed will be given at any time within sixty (60)
Calendar Days after the Execution Date of the
Agreement, unless extended by written agreement
of the parties.
2.4 Before Starting Construction:
2.4.1 No Work shall be done at the site prior to
the preconstruction conference without the
OWNER's approval. Before undertaking each part
of the Work, the CONTRACTOR shall carefully
study and compare the Contract Documents and
check and verify pertinent figures shown thereon
and all applicable field measurements. The
CONTRACTOR shall promptly report in writing to
Owner's Representative any conflict, error,
ambiguity or discrepancy which the CONTRACTOR
may discover and shall obtain a written interpretation
or clarification from Owner's Representative before
proceeding with any Work affected thereby. The
CONTRACTOR shall be liable to the OWNER for
failure to report any conflict, error, ambiguity or
discrepancy in the Contract Documents of which the
CONTRACTOR knew or reasonably should have
known.
2.4.2 The CONTRACTOR shall submit the
following to Owner's Representative for review and
approval no later than the preconstruction
conference:
.1 a preliminary progress schedule
indicating the times (number of days or
dates) for starting and completing the
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various stages of the Work, including
any Milestones specified in the Contract
Documents, identifying when all
Subcontractors will be utilized, and
taking into consideration any limitations
on Working Hours;
.2 a preliminary schedule of Shop Drawing
and sample submittals;
.3 a preliminary schedule of values for all
of the Work, subdivided into component
parts in sufficient detail to serve as the
basis for progress payments during
construction. Such prices will include an
appropriate amount of overhead and
profit applicable to each item of Work;
.4 a letter designating CONTRACTOR's
Superintendent;
.5 a letter from the CONTRACTOR and
Subcontractor(s) listing any salaried
specialists;
.6 if applicable, a letter designating the
"Competent Person(s)" on general
safety and trench safety measures;
.7 if applicable, a trench safety system
plan;
.8 if applicable, a plan illustrating proposed
locations of temporary facilities;
.9 if applicable, a traffic control plan;
.10 a completed Non -Use of Asbestos
Affidavit (Prior to Construction); and
.11 if applicable, a letter designating the
Texas Registered Professional Land
Surveyor for layout of the Work.
2.5 Preconstruction Conference:
Prior to commencement of Work at the site, a
preconstruction conference attended by the
CONTRACTOR, Owner's Representative and others
will be held.
2.6 Initially Acceptable Schedules:
Unless otherwise provided in the Contract
Documents, the CONTRACTOR shall obtain
approval of Owner's Representative on final
versions of the schedules submitted in accordance
with paragraph 2.4.2 before the first progress
Page 5 General Conditions
payment will be made to the CONTRACTOR. The
progress schedule must provide for an orderly
progression of the Work to completion within any
specified Milestones and Contract Times.
Acceptance of the schedule by Owner's
Representative will neither impose on Owner's
Representative responsibility for the sequencing,
scheduling or progress of the Work nor interfere with
or relieve the CONTRACTOR from the
CONTRACTOR's full responsibility therefor. The
CONTRACTOR's schedule of Shop Drawings and
sample submissions must provide an arrangement
agreeable to the parties for reviewing and
processing the required submittals.
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
3.1 Intent:
3.1.1 The intent of the Contract Documents is to
include all information necessary for the proper
execution and completion of the Work by the
CONTRACTOR. The Contract Documents are
complementary, and what is required by one shall
be as binding as if required by all; performance by
the CONTRACTOR shall be required to the extent
consistent with the Contract Documents and
reasonably inferable from them as being necessary
to produce the intended results.
3.1.2 Unless otherwise stated in the Contract
Documents, words which have well-known technical
or construction industry meanings are used in the
Contract Documents in accordance with such
recognized meanings.
3.2 Reporting and Resolving Discrepancies:
If, during the performance of the Work, the
CONTRACTOR discovers any conflict, error,
ambiguity or discrepancy within the Contract
Documents or between the Contract Documents and
any provisions of any such law or regulation
applicable to the performance of the Work or of any
such standard, specification, manual or code or
instructions of any Supplier, the CONTRACTOR
shall immediately report it to Owner's
Representative in writing, and the CONTRACTOR
shall not proceed with the Work affected thereby
until an amendment or supplement to the Contract
Documents has been issued by one of the methods
indicated in paragraph 3.3.1 or paragraph 3.3.2.
The CONTRACTOR shall be liable to the OWNER
for failure to report any such conflict, error, ambiguity
or discrepancy of which the CONTRACTOR knew or
reasonably should have known.
3.3 Amending and Supplementing Contract
Documents:
3.3.1 The Contract Documents may be amended
to provide for additions, deletions and revisions in
the Work or to modify the terms and conditions
thereof in one or more of the following ways:
.1 Change Order.
.2 Change Directive.
.3 Time Extension Request.
3.3.2 In addition, the requirements of the Contract
Documents may be supplemented, and minor
variations and deviations in the Work may be
authorized, in one or more of the following ways:
.1 Field Order.
.2 Review of a Shop Drawing or sample.
.3 Written interpretation or clarification.
3.4 Reuse of Documents Prohibited:
The CONTRACTOR and any Subcontractor or
Supplier or other person or organization performing
or furnishing any of the Work under a direct or
indirect contract with the OWNER: (i) shall not have
or acquire any title to or ownership rights in any of
the Drawings, Specifications or other documents (or
copies of any thereof) prepared by or bearing the
seal of E/A or E/A's consultants, and (ii) shall not
reuse any of such Drawings, Specifications, other
documents or copies on extensions of the Project or
any other project without written consent of the
OWNER and E/A.
ARTICLE 4 - AVAILABILITY OF LANDS;
SUBSURFACE AND PHYSICAL
CONDITIONS; REFERENCE POINTS
4.1 Availability of Lands:
The OWNER shall furnish, as indicated in the
Contract Documents, all required rights to use the
lands upon which the Work is to be performed,
rights-of-way and easements for access thereto, and
such other lands which are designated for the use of
the CONTRACTOR. The OWNER shall identify any
encumbrances or restrictions not of general
00700 07/07/03 Page 6 General Conditions
application but specifically related to use of lands so
furnished with which the CONTRACTOR will have to
comply in performing the Work. Easements for
permanent structures or permanent changes in
existing facilities will be obtained and paid for by the
OWNER, unless otherwise provided in the Contract
Documents. If the OWNER fails to furnish these
lands, rights-of-way or easements in a timely
manner, the CONTRACTOR may make a Claim for
adjustments in the Contract Times. The
CONTRACTOR shall provide for all additional lands
and access thereto that may be required for
temporary construction facilities or storage of
materials and equipment.
4.2 Subsurface and Physical Conditions:
4.2.1 The CONTRACTOR hereby covenants that
it has examined the site of the proposed Work and is
familiar with all of the conditions surrounding
construction of the Project, having conducted all
inquiries, tests and investigations deemed
necessary and proper.
4.2.2 If conditions are encountered at the site
which are (1) subsurface or otherwise concealed
physical conditions that differ materially from those
indicated in the Contract Documents or (2) unknown
physical conditions of an unusual nature, that differ
materially from those normally encountered in the
type of work being performed under this Contract,
then notice by the observing party shall be given to
the other party promptly before conditions are
disturbed and in no event later than seven (7)
calendar days after first observance of the
conditions. Owner's Representative will promptly
investigate such conditions with E/A and, if they
differ materially and cause an increase or decrease
in the CONTRACTOR's cost of, or time required for,
performance of any part of the Work, will
recommend an equitable adjustment in the Contract
Amount or Contract Time, or both. If Owner's
Representative determines that the conditions at the
site are not materially different from those indicated
in the Contract Documents and that no change in
the terms of the Contract is justified, the
CONTRACTOR shall be notified in writing, stating
the reasons. Any disputes arising from Owner's
Representative's determination shall be resolved in
accordance with Article 16.
4.2.3 Notwithstanding any other provision of this
Contract, the CONTRACTOR shall be solely
responsible for the location and protection of any
and all public lines and utility customer service lines
in the Work area. For the purposes of this section,
"public lines" means the utility distribution and
supply system within public rights-of-way or
easements, and "utility customer service lines"
(service) means any utility line connecting a utility
customer to the utility distribution system. Generally,
existing service connections within right-of-way or
easements are not shown on the Drawings. The
CONTRACTOR shall notify the OWNER and "One
Call" and 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. The CONTRACTOR's
obligation hereunder shall be primary and
nondelegable. The CONTRACTOR shall indemnify
or reimburse such expenses or costs (including fines
that may be levied against the OWNER) that may
result from unauthorized or accidental damage to all
public lines and utility customer service lines in the
Work area. The OWNER reserves the right to repair
such damage the CONTRACTOR may cause, at the
CONTRACTOR's expense.
4.2.4 The CONTRACTOR shall take reasonable
precaution to avoid disturbing primitive records and
antiquities of archaeological, paleontological or
historical significance. No objects of this nature
shall be disturbed without written permission of the
OWNER and the Texas Department of Antiquities
Protection. When such objects are uncovered
unexpectedly, the CONTRACTOR shall stop all
Work in close proximity and notify Owner's
Representative and the Texas Department of
Antiquities Protection of their presence and shall not
disturb them until written permission and permit to
do so is granted. All primitive rights and antiquities
uncovered on the OWNER's property shall remain
property of the State of Texas, the Texas
Department of Antiquities Protection conforming to
the Texas Natural Resources Code. If it is
determined by the OWNER, in consultation with the
Texas Department of Antiquities Protection, that
exploration or excavation of primitive records or
antiquities on Project site is necessary to avoid loss,
the CONTRACTOR shall cooperate in salvage work
attendant to preservation. If the Work stoppage or
salvage work causes an increase in the
CONTRACTOR's cost of, or time required for,
performance of the Work, the Contract Amount
and/or Contract Time may be equitably adjusted.
4.3 Reference Points:
Unless otherwise specified, the OWNER will furnish
all reference points, benchmarks, survey
monuments, and control points which, in the
OWNER's opinion, are suitable for laying out the
Work. Such benchmarks and reference points will
be placed at intervals not to exceed 1,500 feet.
00700 07/07/03 Page 7 General Conditions
All reference points, benchmarks, survey
monuments and control points shall be carefully
preserved by the CONTRACTOR by use of flags,
laths or other appropriate measures and, in case of
destruction or removal by the CONTRACTOR or its
employees, such reference points, benchmarks,
survey monuments, and control points shall be
replaced by a Registered Professional Land
Surveyor at the CONTRACTOR's expense. When
reference points, benchmarks, survey monuments,
or control points are in conflict with the Work, then
reestablishment will be the OWNER's responsibility
during or upon completion of the Work.
4.4 Hazardous Materials:
4.4.1 The OWNER shall be responsible for any
hazardous material uncovered or revealed at the site
which was not shown, indicated or identified in the
Contract Documents to be within the scope of the
Work and which may present a substantial danger to
persons or property exposed thereto in connection
with the Work at the site. The CONTRACTOR shall
immediately notify Owner's Representative of any
suspected hazardous materials encountered before
or during performance of the Work and shall take all
necessary precautions to avoid further disturbance
of the materials.
4.4.2 The CONTRACTOR shall be responsible for
any hazardous materials brought to the site by the
CONTRACTOR, Subcontractor, Suppliers or anyone
else for whom the CONTRACTOR is responsible.
4.4.3 No asbestos -containing materials shall be
incorporated into the Work or brought on the Project
site without prior approval of the OWNER.
ARTICLE 5 - BONDS AND INSURANCE
5.1 Surety and Insurance Companies:
All bonds and insurance required by the Contract
Documents shall be obtained from solvent surety or
insurance companies that are duly licensed by the
State of Texas and authorized to issue bonds or
insurance policies for the limits and coverages
required by the Contract Documents. The bonds
shall be in a form acceptable to the OWNER and
shall be issued by a surety which complies with the
requirements of Art. 7.19-1, Texas Insurance Code
(1997) and which is otherwise acceptable to the
OWNER.
5.2 Workers' Compensation Insurance
Coverage:
5.2.1 Definitions:
.1 Certificate of coverage ("certificate") - A
copy of a certificate of insurance, a
certificate of authority to self -insure
issued by the commission, or a
coverage agreement showing statutory
workers' compensation insurance
coverage for the person's or entity's
employees providing services on the
Project, for the duration of the Project.
.2 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
OWNER.
.3 Persons providing services on the
Project ("subcontractor" herein) -
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, by way of illustration and
not of limitation, independent
contractors, Subcontractors, leasing
companies, motor carriers, owner -
operators, employees of any such entity,
or employees of any entity which
furnishes persons to provide services on
the Project. "Services" include, without
limitation, providing, hauling, or
delivering equipment or materials, or
providing labor, transportation, or other
service related to a project. "Services"
does not include activities unrelated to
the Project, such as food/beverage
vendors, office supply deliveries, and
delivery of portable toilets.
5.2.2 The CONTRACTOR shall provide coverage,
based on proper reporting of classification codes
and payroll amounts and filing of any coverage
agreements, which 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.
5.2.3 The OWNER will not execute the Contract
prior to the CONTRACTOR providing all required
certificates of coverage.
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5.2.4 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 OWNER showing that coverage has been
extended.
5.2.5 The CONTRACTOR shall obtain from each
person providing services on the Project, and
provide to the OWNER:
.1 a certificate of coverage, prior to that
person beginning Work on the Project,
so the OWNER will have on file
certificates of coverage showing
coverage for all persons providing
services on the Project; and
.2 no later than seven (7) 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.
5.2.6 The CONTRACTOR shall retain all required
certificates of coverage for the duration of the
Project and for one (1) year thereafter.
5.2.7 The CONTRACTOR shall notify the
OWNER in writing by certified mail or personal
delivery within ten (10) 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.
5.2.8 The CONTRACTOR shall post at its office
or 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.
5.2.9 The CONTRACTOR shall contractually
require each person with whom it contracts to
provide services on a Project to:
.1 provide coverage, based on proper
reporting of classification codes and
payroll amounts and filing of any
coverage agreements, which 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;
00700 07/07/03
.2 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;
.3 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;
.4 obtain from each other person with
whom it contracts, and provide to the
CONTRACTOR:
a) a certificate of coverage, prior to the
other person beginning Work on the
Project; and
b) 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;
.5 retain all required certificates of
coverage on file for the duration of the
Project and for one (1) year thereafter;
.6 notify the OWNER in writing by certified
mail or personal delivery within ten (10)
days after the person knew or should
have known of any change that
materially affects the provision of
coverage of any person providing
services on the Project; and
.7 contractually require each person with
whom it contracts, to perform as
required by paragraphs 5.2.9.1 - 5.2.9.7,
with the certificates of coverage to be
provided to the person for whom they
are providing services.
5.2.10 By signing this Contract or providing or
causing to be provided a certificate of coverage, the
CONTRACTOR is representing to the OWNER that
all employees of the CONTRACTOR who will
provide services on the Project will be covered by
workers' compensation coverage for the duration of
Page 9 General Conditions
the Project, that the coverage will be based on
proper reporting of classification codes and payroll
amounts, and that all coverage agreements will be
filed with the appropriate insurance carrier or, in the
case of a self-insured, with the commission's
Division of Self -Insurance Regulation. Providing
false or misleading information may subject the
CONTRACTOR to administrative penalties, criminal
penalties, civil penalties, or other civil actions.
5.2.11 The CONTRACTOR's failure to comply with
any of these provisions is a breach of Contract by
the CONTRACTOR which entitles the OWNER to
declare the Contract void if the CONTRACTOR does
not remedy the breach within ten (10) days after
receipt of notice of breach from the OWNER.
5.3 Other Bond and Insurance
Requirements:
For specific bond requirements and additional
insurance requirements, refer to the Supplemental
General Conditions.
ARTICLE 6 - CONTRACTOR'S
RESPONSIBILITIES
6.1 Supervision and Superintendence:
6.1.1 The CONTRACTOR shall supervise, inspect
and direct the Work competently and efficiently,
devoting such attention thereto and applying such
skills and expertise as may be necessary to perform
the Work in accordance with the Contract
Documents. Unless otherwise directed by the
OWNER in the Contract Documents, the
CONTRACTOR shall be solely responsible for the
means, methods, techniques, sequences and
procedures of construction. The CONTRACTOR
shall be responsible to see that the completed Work
complies accurately with the Contract Documents.
6.1.2 The CONTRACTOR shall have an English-
speaking, competent Superintendent on the Work at
all times that work is in progress. Upon request of
Owner's Representative, the CONTRACTOR shall
present the resume of the proposed Superintendent
to Owner's Representative showing evidence of
experience and successful superintendence and
direction of work of a similar scale and complexity.
If, in the opinion of Owner's Representative, the
proposed Superintendent does not indicate sufficient
experience in line with the Work, he/she will not be
allowed to be the designated Superintendent for the
Work. The Superintendent shall not be replaced
without Written Notice to Owner's Representative. If
the CONTRACTOR deems it necessary to replace
the Superintendent, the CONTRACTOR shall
provide the necessary information for approval, as
stated above, on the proposed new Superintendent.
A qualified substitute Superintendent may be
designated in the event that the designated
Superintendent is temporarily away from the Work,
but not to exceed a time limit acceptable to Owner's
Representative. The CONTRACTOR shall replace
the Superintendent upon the OWNER's request in
the event the Superintendent is unable to perform to
the OWNER's satisfaction. The Superintendent will
be the CONTRACTOR's representative on the Work
and shall have the authority to act on behalf of the
CONTRACTOR. All communications given to the
Superintendent shall be as binding as if given to the
CONTRACTOR. Either the CONTRACTOR or the
Superintendent shall provide an emergency and
home telephone number at which one or the other
may be reached if necessary when work is not in
progress.
6.2 Labor, Materials and Equipment:
6.2.1 The CONTRACTOR agrees to employ only
orderly and competent workers, skillful in
performance of the type of Work required under this
Contract. The CONTRACTOR, Subcontractors,
Sub -subcontractors, and their employees may not
use or possess any firearms, alcoholic or other
intoxicating beverages, illegal drugs or controlled
substances while on the job or on the OWNER's
property, nor may such workers be intoxicated, or
under the influence of alcohol or drugs, on the job. If
the OWNER or Owner's Representative notifies the
CONTRACTOR that any worker is incompetent,
disorderly or disobedient, has knowingly or
repeatedly violated safety regulations, has
possessed any firearms, or has possessed or was
under the influence of alcohol or drugs on the job,
the CONTRACTOR shall immediately remove such
worker from performing Contract Work, and may not
employ such worker again on Contract Work without
the OWNER's prior written consent. The
CONTRACTOR shall at all times maintain good
discipline and order on or off the site in all matters
pertaining to the Project. The CONTRACTOR shall
pay workers no less than the wage rates established
in Section 00830, and maintain weekly payroll
reports as evidence thereof.
6.2.2 Unless otherwise specified, the
CONTRACTOR shall provide and pay for all
materials, equipment, labor, transportation,
construction equipment and machinery, tools,
appliances, fuel, power, Tight, heat, telephone, water,
sanitary facilities, temporary facilities and all other
facilities and incidentals necessary for the furnishing,
00700 07/07/03 Page 10 General Conditions
performance, re -testing of defective work, start-up
and completion of the Work.
6.2.3 All materials and equipment shall be of good
quality and new (including new products made of
recycled materials), except as otherwise provided in
the Contract Documents. If required by Owner's
Representative, the CONTRACTOR shall furnish
satisfactory evidence (reports of required tests,
manufacturer's certificates of compliance with
material requirements, mill reports, etc.) as to the
kind, quantity and quality of materials and
equipment. All materials and equipment shall be
applied, installed, connected, erected, used, cleaned
and conditioned in accordance with instructions of
the applicable Supplier, except as otherwise
provided in the Contract Documents.
6.2.4 Substitutes and "Approved Equal" Items:
6.2.4.1 Whenever an item of material or equipment
is specified or described in the Contract Documents
by using the name of a proprietary item or the name
of a particular Supplier, the specification or
description is intended to establish the type, function
and quality required. Unless the specification or
description contains words reading that no like,
equivalent or "approved equal" item or no
substitution is permitted, other items of material or
equipment of other Suppliers may be submitted to
Owner's Representative under the following
circumstances:
.1 "Approved Equal": If, in the OWNER's
sole discretion, an item of material or an
item of equipment proposed by the
CONTRACTOR is functionally equal to
that named and sufficiently similar so
that no change in related Work will be
required, it may be considered by the
OWNER as an "approved equal" item, in
which case review of the proposed item
may, in the OWNER's sole discretion,
be accomplished without compliance
with some or all of the requirements for
evaluation of proposed substitute items.
The CONTRACTOR shall provide the
OWNER with the documentation
required for the OWNER to make its
determination.
.2 Substitute Items: If, in the OWNER's
sole discretion, an item of material or an
item of equipment proposed by the
CONTRACTOR does not qualify as an
"approved equal" item under paragraph
6.2.4.1.1, then it will be considered a
proposed substitute item. The
CONTRACTOR shall submit sufficient
information to allow the OWNER to
determine that the item of material or
item of equipment proposed is
essentially equivalent to that named and
a substitute therefor.
6.2.4.2 Substitute Construction Methods and
Procedures: If a specific means, method, technique,
sequence or procedure of construction is shown or
indicated in and expressly required by the Contract
Documents, the CONTRACTOR may with prior
approval of the OWNER furnish or utilize a
substitute means, method, technique, sequence, or
procedure of construction. The CONTRACTOR
shall submit sufficient information to Owner's
Representative to allow the OWNER, in the
OWNER's sole discretion, to determine that the
substitute proposed is equivalent to that expressly
called for by the Contract Documents.
6.2.4.3 OWNER's Evaluation: The OWNER will be
allowed a reasonable time within which to evaluate
each proposal or submittal made pursuant to
paragraph 6.2.4.1.1 and paragraph 6.2.4.1.2. The
OWNER will be the sole judge of acceptability. No
"approved equal" or substitute shall be ordered,
installed, or utilized until the OWNER's review is
complete, which will be evidenced by either a
Change Order or completion of the Shop Drawing
review procedure. The OWNER may require the
CONTRACTOR to furnish at the CONTRACTOR's
expense a special performance guarantee or other
surety bond with respect to any "approved equal" or
substitute. The OWNER shall not be responsible for
any delay due to review time for any "approved
equal" or substitute.
6.2.4.4 CONTRACTOR's Expense: All data to be
provided by the CONTRACTOR in support of any
proposed "approved equal" or substitute item will be
at the CONTRACTOR's expense.
6.2.5 The CONTRACTOR agrees to assign to the
OWNER any rights it may have to bring antitrust
suits against its Suppliers for overcharges on
materials incorporated in the Project growing out of
illegal price fixing agreements. The CONTRACTOR
further agrees to cooperate with the OWNER should
the OWNER wish to prosecute suits against
Suppliers for illegal price fixing.
6.3 Progress Schedule:
Unless otherwise directed, the CONTRACTOR shall
adhere to the progress schedule established in
accordance with paragraph 2.6 as it may be
adjusted from time to time as provided below:
00700 07/07/03 Page 11 General Conditions
.1 The CONTRACTOR shall submit to
Owner's Representative for acceptance
proposed adjustments in the progress
schedule that will not change the
Contract Times or Milestones. Such
adjustments will conform generally to
the progress schedule then in effect .
.2 Proposed adjustments in the progress
schedule that will change the Contract
Times or Milestones shall be submitted
in accordance with the requirements of
Article 12. Such adjustments may only
be made by a Change Order or Time
Extension Request in accordance with
Article 12.
6.4 Concerning Subcontractors, Suppliers
and Others:
6.4.1 Assignment: The CONTRACTOR agrees to
retain direct control of and give direct attention to the
fulfillment of this Contract. The CONTRACTOR
agrees not to, by Power of Attorney or otherwise,
assign said Contract without the prior written
consent of the OWNER.
6.4.2 Award of Subcontracts for Portions of the
Work: The CONTRACTOR shall not employ any
Subcontractor, Supplier or other person or
organization, whether initially or as a substitute,
against whom the OWNER may have reasonable
objection. The CONTRACTOR must provide the
OWNER with a list of all Subcontractors, Suppliers,
or other persons or organizations it will use in the
Work, and such list must be provided prior to the
preconstruction conference. Should the OWNER
have objections, the OWNER will communicate such
objections by Written Notice. If the OWNER
requires a change without good cause of any
Subcontractor, person or organization previously
accepted by OWNER, the Contract Amount may be
increased or decreased by the difference in the cost
occasioned by any such change, and an appropriate
Change Order shall be issued. The CONTRACTOR
shall not substitute any Subcontractor, person or
organization that has been accepted by the
OWNER, unless the substitute has been accepted in
writing by the OWNER. No acceptance by the
OWNER of any Subcontractor, Supplier or other
person or organization shall constitute a waiver of
any right of the OWNER to reject defective Work.
6.4.3 The CONTRACTOR shall enter into written
agreements with all Subcontractors and Suppliers
which specifically bind the Subcontractors or
Suppliers to the applicable terms and conditions of
the Contract Documents for the benefit of the
OWNER and E/A. The OWNER reserves the right
to specify that certain requirements shall be adhered
to by all Subcontractors and Sub -subcontractors as
indicated in other portions of the Contract
Documents and these requirements shall be made a
portion of the agreement between the
CONTRACTOR and Subcontractor or Supplier.
6.4.4 The CONTRACTOR shall be fully
responsible to the OWNER for all acts and
omissions of the Subcontractors, Suppliers and
other persons and organizations performing or
furnishing any of the Work under a direct or indirect
contract with the CONTRACTOR just as the
CONTRACTOR is responsible for the
CONTRACTOR's own acts and omissions. Nothing
in the Contract Documents shall create for the
benefit of any such Subcontractor, Supplier or other
person or organization any contractual relationship
between the OWNER and any such Subcontractor,
Supplier or other person or organization, nor shall it
create any obligation on the part of the OWNER or
E/A to pay or to see to the payment of any amounts
due any such Subcontractor, Supplier or other
person or organization except as may otherwise be
required by laws and regulations.
6.4.5 The CONTRACTOR shall be solely
responsible for scheduling and coordinating the
Work of Subcontractors, Suppliers and other
persons and organizations performing or furnishing
any of the Work under a direct or indirect contract
with the CONTRACTOR. The CONTRACTOR shall
require all Subcontractors, Suppliers and such other
persons and organizations performing or furnishing
any of the Work to communicate with Owner's
Representative through the CONTRACTOR.
6.4.6 The divisions and sections of the
Specifications and the identifications of any
Drawings shall not control the CONTRACTOR in
dividing or delineating the Work to be performed by
any specific trade.
6.4.7 The CONTRACTOR shall pay each
Subcontractor and Supplier their appropriate share
of payments made to the CONTRACTOR not later
than ten (10) Calendar Days after the
CONTRACTOR's receipt of payment from the
OWNER.
6.5 Patent Fees and Royalties:
6.5.1 The CONTRACTOR shall be responsible at
all times for compliance with applicable patents or
copyrights encompassing, in whole or in part, any
design, device, material, or process utilized, directly
00700 07/07/03 Page 12 General Conditions
or indirectly, in the performance of the Work or the
formulation or presentation of its Bid.
6.5.2 The CONTRACTOR shall pay all royalties
and license fees and shall provide, prior to
commencement of Work hereunder and at all times
during the performance of same, for lawful use of
any design, device, material or process covered by
letters, patent or copyright by suitable legal
agreement with the patentee, copyright holder, or
their duly authorized representative whether or not a
particular design, device, material, or process is
specified by the OWNER.
6.5.3 The CONTRACTOR shall defend all suits or
claims for infringement of any patent or copyright
and shall save the OWNER harmless from any loss
or liability, direct or indirect, arising with respect to
the CONTRACTOR's process in the formulation of
its bid or the performance of the Work or otherwise
arising in connection therewith. The OWNER
reserves the right to provide its own defense to any
suit or claim of infringement of any patent or
copyright in which event the CONTRACTOR shall
indemnify and save harmless the OWNER from all
costs and expenses of such defense as well as
satisfaction of all judgments entered against the
OWNER.
6.5.4 The OWNER shall have the right to stop the
Work and/or terminate this Agreement at any time in
the event the CONTRACTOR fails to disclose to the
OWNER that the CONTRACTOR's work
methodology includes the use of any infringing
design, device, material or process.
6.6 Permits, Fees:
Unless otherwise provided in the Supplemental
General Conditions, the CONTRACTOR shall obtain
and pay for all construction permits, licenses and
fees required for prosecution of the Work.
6.7 Laws and Regulations:
6.7.1 The CONTRACTOR shall give all notices
and comply with all laws and regulations applicable
to furnishing and performing the Work. Except
where otherwise expressly required by applicable
laws and regulations, neither the OWNER nor EIA
shall be responsible for monitoring the
CONTRACTOR's compliance with any laws and
regulations.
6.7.2 The CONTRACTOR shall plan and execute
its operations in compliance with all applicable
Federal, State and local laws and regulations,
including those concerning control and abatement of
water pollution and prevention and control of air
pollution.
6.7.3 If the CONTRACTOR performs any Work
knowing or having reason to know that it is contrary
to laws or regulations, then the CONTRACTOR shall
bear all claims, costs, losses and damages arising
therefrom; however, it shall not be the
CONTRACTOR's primary responsibility to make
certain that the Specifications and Drawings are in
accordance with laws and regulations, but this does
not relieve the CONTRACTOR of the
CONTRACTOR's obligations under Article 3.
6.8 Taxes:
6.8.1 The CONTRACTOR shall pay all sales,
consumer, use and other similar taxes required to be
paid by the CONTRACTOR in accordance with the
laws and regulations of the State of Texas.
6.8.2 The OWNER is an exempt organization as
defined by Chapter 11 of the Property Tax Code of
Texas and is thereby exempt from payment of Sales
Tax under Chapter 151, Limited Use Sales, Excise
and Use Tax, Texas Tax Code, and Article 1066 (C),
Local Sales and Use Tax Act, Revised Civil Statutes
of Texas.
6.9 Use of Premises:
6.9.1 The CONTRACTOR shall confine
construction equipment, the storage of materials and
equipment and the operations of workers to the site
and land and areas identified in and permitted by the
Contract Documents and other land and areas
permitted by laws and regulations, rights-of-way,
permits and easements, and shall not unreasonably
encumber the premises with construction equipment
or other materials or equipment. The
CONTRACTOR shall assume full responsibility for
any damage to any such land or area, or to the
owner or occupant thereof or of any adjacent land or
areas, resulting from the performance of the Work.
Should any claim be made by any such owner or
occupant because of the performance of the Work,
the CONTRACTOR shall promptly settle with such
other party by negotiation or otherwise resolve the
claim by dispute resolution proceeding or at law.
The CONTRACTOR shall indemnify, defend and
hold harmless the OWNER, E/A, E/A's consultants
and anyone directly or indirectly employed by any of
them from and against all claims, costs, losses and
damages (including court costs and reasonable
attorneys' fees) arising out of or resulting from any
claim or action, legal or equitable, brought by any
such owner or occupant against the OWNER, E/A or
any other party indemnified hereunder to the extent
00700 07/07/03 Page 13 General Conditions
caused by or based upon performance of the Work
or failure to perform the Work.
6.9.2 During the progress of the Work and on a
daily basis, the CONTRACTOR shall keep the
premises free from accumulations of waste
materials, rubbish and other debris resulting from
the Work. At the completion of the Work, the
CONTRACTOR shall remove all waste materials,
rubbish and debris from and about the premises as
well as all tools, appliances, construction equipment
and machinery and surplus materials. The
CONTRACTOR shall leave the site clean and ready
for occupancy by the OWNER at Substantial
Completion of the Work. The CONTRACTOR shall,
at a minimum, restore to original condition all
property not designated for alteration by the Contact
Documents.
6.9.3 The CONTRACTOR shall not load nor
permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall the
CONTRACTOR subject any part of the Work or
adjacent property to stresses or pressures that will
endanger it.
6.10 Record Documents:
The CONTRACTOR shall maintain in a safe place at
the site, or other location acceptable to the OWNER,
one (1) record copy of all Drawings, Specifications,
Addenda, Change Orders, Change Directives, Field
Orders and written interpretations and clarifications
(issued pursuant to paragraph 9.5) in good order
and annotated to show all changes made during
construction. These record documents, together
with all final samples and all final Shop Drawings,
will be available to the OWNER and E/A for
reference during performance of the Work. Upon
Substantial Completion of the Work, these record
documents, samples and Shop Drawings shall be
promptly delivered to Owner's Representative.
6.11 Safety and Protection:
6.11.1 The CONTRACTOR shall be responsible for
initiating, maintaining and supervising all safety
precautions and programs in connection with the
Work. Upon request, and prior to installation of
measures, the CONTRACTOR shall submit a site
security plan for approval by the OWNER. By
reviewing the plan or making recommendations or
comments, the OWNER will not assume liability nor
will the CONTRACTOR be relieved of liability for
damage, injury or loss. The CONTRACTOR shall
take all necessary precautions for the safety of and
shall provide the necessary protection to prevent
damage, injury or loss to:
.1 all persons on the Work site or who may
be affected by the Work;
.2 all the Work and materials and
equipment to be incorporated therein,
whether in storage on or off the site; and
.3 other property at the site or adjacent
thereto, including but not limited to,
trees, shrubs, lawns, walks, pavements,
roadways, structures, utilities and
underground facilities not designated for
removal, relocation or replacement in
the course of construction.
6.11.2 The CONTRACTOR shall comply with all
applicable laws and regulations of any public body
having jurisdiction for safety of persons or property
or to protect them from damage, injury or loss; and
shall erect and maintain all necessary safeguards
for such safety and protection. The CONTRACTOR
shall notify owners of adjacent property and of
underground facilities, and utility owners when
prosecution of the Work may affect them, and shall
cooperate with them in the protection, removal,
relocation and replacement of their property. All
damage, injury or loss to any property referred to in
paragraph 6.11.1.2 and paragraph 6.11.1.3 caused,
directly or indirectly, in whole or in part, by the
CONTRACTOR, Subcontractor, Supplier or any
person or organization directly or indirectly
employed by any of them to perform or furnish any
of the Work or anyone for whose acts any of them
may be liable, shall be remedied by the
CONTRACTOR (except damage or loss attributable
to the fault of Drawings or Specifications or to the
acts or omissions of the OWNER, or E/A, or E/A's
consultant or anyone employed by any of them or
anyone whose acts any of them may be liable, and
not attributable, directly or indirectly, in whole or in
part, to the faults or negligence of the
CONTRACTOR or any Subcontractor, Supplier or
other person or organization directly or indirectly
employed by any of them). The CONTRACTOR's
duties and responsibilities for safety and protection
of the Work shall continue until such time as all the
Work is completed and Owner's Representative has
issued a notice to the OWNER and the
CONTRACTOR in accordance with Article 14 that
the Work is acceptable (except as otherwise
expressly provided in connection with Substantial
Completion).
6.11.3 Safety Representative: The CONTRACTOR
shall designate a qualified and experienced safety
representative at the site whose duties and
responsibilities shall be the prevention of accidents
00700 07/07/03 Page 14 General Conditions
and the maintaining and supervising of safety
precautions and programs. Upon request of the
OWNER, the CONTRACTOR shall provide
certifications or other documentation of the safety
representative's qualifications.
6.11.4 Hazard Communication Programs: The
CONTRACTOR shall be responsible for
coordinating any exchange of material safety data
sheets or other hazard communication information
required to be made available to or exchanged
between or among employers at the site in
accordance with laws and regulations.
6.11.5 Emergencies:
6.11.5.1 In emergencies affecting the safety or
protection of persons or the Work at the site or
adjacent thereto, the CONTRACTOR, without
special instruction or authorization from the OWNER
or E/A, is obligated to act reasonably to prevent
threatened damage, injury or loss and to mitigate
damage or loss to the Work. The CONTRACTOR
shall give Owner's Representative prompt written
notice if the CONTRACTOR believes that any
significant changes in the Work or variations from
the Contract Documents have been caused thereby.
If Owner's Representative determines that a change
in the Contract Documents is required because of
the action taken by the CONTRACTOR in response
to such an emergency, a Change Directive or
Change Order will be issued to document the
consequences of such action; otherwise the
OWNER will not be responsible for the
CONTRACTOR's emergency action.
6.11.5.2 Authorized agents of the
CONTRACTOR shall respond immediately to call -
out at any time of any day or night when
circumstances warrant the presence on Project site
of the CONTRACTOR or its agent to protect the
Work or adjacent property from damage, restriction
or limitation or to take such action or measures
pertaining to the Work as may be necessary to
provide for the safety of the public. Should the
CONTRACTOR and/or its agent fait to respond and
take action to alleviate such an emergency situation,
the OWNER may direct other forces to take action
as necessary to remedy the emergency condition,
and the OWNER will deduct any cost of such
remedial action from the funds due to the
CONTRACTOR under this Contract.
6.11.5.3 In the event there is an accident
involving injury to any individual on or near the
Work, the CONTRACTOR shall notify Owner's
Representative within twenty-four (24) hours 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 medical reports
and other documentation that describes the event.
Copies of such documentation shall be provided to
Owner's Representative, for the OWNER's and
E/A's records, within forty-eight (48) hours of the
event.
6.12 Continuing the Work:
The CONTRACTOR shall carry on the Work and
adhere to the progress schedule during all disputes
or disagreements with the OWNER. No Work shall
be delayed or postponed pending resolution of any
disputes or disagreements, except as the OWNER
and the CONTRACTOR may agree in writing.
6.13 CONTRACTOR's General Warranty and
Guarantee:
6.13.1 The CONTRACTOR warrants and
guarantees to the OWNER that all Work will be
performed in a good and workmanlike manner in
accordance with the Contract Documents and will
not be defective. The CONTRACTOR's warranty
and guarantee hereunder excludes defects or
damage caused by:
.1 abuse, modification or improper
maintenance or operation by persons
other than the CONTRACTOR,
Subcontractors or Suppliers; or
.2 normal wear and tear under normal
usage.
6.13.2 The CONTRACTOR's obligation to perform
and complete the Work in a good and workmanlike
manner in accordance with the Contract Documents
shall be absolute. None of the following will
constitute acceptance of Work not in accordance
with the Contract Documents or a release of the
CONTRACTOR's obligation to perform the Work in
accordance with the Contract Documents:
.1 observations by Owner's Representative
and/or E/A;
.2 recommendation of any progress or final
payment by Owner's Representative;
.3 the issuance of a certificate of
Substantial Completion or any payment
by the OWNER to the CONTRACTOR
under the Contract Documents;
00700 07/07/03 Page 15 General Conditions
.4 use or occupancy of the Work or any
part thereof by the OWNER;
.5 any acceptance by the OWNER or any
failure to do so;
.6 any review of a Shop Drawing or sample
submittal;
.7 any inspection, test or approval by
others; or
.8 any correction of defective Work by the
OWNER.
6.14 Indemnification:
6.14.1 The CONTRACTOR shall defend, indemnify
and hold harmless the OWNER, E/A, E/A's
consultants and subconsultants and their respective
officers, directors, partners, employees, agents and
other consultants and any of them from and against
all claims, costs, losses and damages (including but
not limited to all fees and charges of engineers,
architects, attorneys and other professionals and all
court or other dispute resolution costs) arising out of
or resulting from the performance of the Work,
provided that any such claim, cost, loss or damage:
.1 is attributable to bodily injury, sickness,
disease or death, or to injury to or
destruction of tangible property (other
than the Work itself), including the loss
of use resulting therefrom, and
.2 is caused in whole or in part by any
negligent act or omission of the
CONTRACTOR, any Subcontractor, any
Supplier, any person or organization
directly or indirectly employed by any of
them to perform or fumish any of the
Work or anyone for whose acts any of
them may be liable, regardless of
whether or not caused in part by any
negligence or omission of a person or
entity indemnified hereunder or whether
liability is imposed upon such
indemnified party by laws and
regulations regardless of the negligence
of any such person or entity.
6.14.2 The indemnification obligation under
paragraph 6.14.1 shall not be limited in any way by
any limitation on the amount or type of damages, or
compensation or benefits payable by or for the
CONTRACTOR or any such Subcontractor, Supplier
or other person or organization under workers'
compensation acts, disability benefit acts or other
employee benefit acts.
6.14.3 The obligations of the CONTRACTOR under
paragraph 6.14.1 shall not extend to the liability of
the OWNER, E/A, E/A's consultants, and their
officers, directors, partners, employees or agents
caused primarily by negligent preparation of maps,
drawings, surveys, designs or specifications upon
which is placed the applicable state -authorized
design professional seal of the OWNER's, E/A's or
E/A's consultant's officers, directors, partners,
employees or agents.
6.14.4 In the event the CONTRACTOR fails to
follow the OWNER's directives concerning use of
the site, scheduling or course of construction, or
engages in other conduct which proximately causes
damage to property based on inverse condemnation
or otherwise, then and in that event, the
CONTRACTOR shall indemnify the OWNER against
all costs resulting from such claims.
6.14.5 In the event the CONTRACTOR
unreasonably delays progress of the work being
done by others on the site so as to cause loss for
which the OWNER becomes liable, then the
CONTRACTOR shall reimburse the OWNER for
such loss.
6.15 Survival of Obligations:
All representations, indemnifications, warranties and
guarantees made in, required by or given in
accordance with the Contract Documents, as well as
all continuing obligations indicated in the Contract
Documents, will survive final payment, completion
and acceptance of the Work and termination or
completion of the Agreement.
6.16 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 action of the elements, floods or
from unforeseeable circumstances in prosecution of
the Work or from unusual obstructions or difficulties
which may be encountered in prosecution of the
Work, shall be sustained and borne by the
CONTRACTOR at its own cost and expense.
6.17 Notice of Claim:
Should the CONTRACTOR suffer injury or damage
to person or property because of any error, omission
or act of the OWNER or of any of the OWNER's
employees or agents or others for whose acts the
OWNER is liable, a Claim will be made to the other
00700 07/07/03 Page 16 General Conditions
party within thirty (30) calendar days of the event
giving rise to such injury or damage. The provisions
of this paragraph 6.17 shall not be construed as a
substitute for or a waiver of the provisions of any
applicable statute of limitations or statute of repose.
6.18 Liquidated Damages:
The CONTRACTOR or its Surety shall be liable for
liquidated damages for the CONTRACTOR's failure
to timely complete the Work or any portion thereof
within the Contract Time.
FOR SPECIFIC LIQUIDATED DAMAGES
REQUIREMENTS, REFER TO THE
SUPPLEMENTAL GENERAL CONDITIONS.
ARTICLE 7 - OTHER WORK
7.1 The OWNER may perform other work
related to the Project at the site by the OWNER's
own forces, or let other contracts therefor, or have
other work performed by utility owners. If the
CONTRACTOR believes that delay or additional
cost is involved because of such action by the
OWNER, the CONTRACTOR may make a Claim as
provided in Article 11 or Article 12.
7.2 The CONTRACTOR shall afford other
contractors who are in a contract with the OWNER
and each utility owner (and the OWNER, if the
OWNER is performing the additional work with the
OWNER's employees) proper and safe access to
the site and a reasonable opportunity for the
introduction and storage of materials and equipment
and the execution of such other work and shall
properly connect and coordinate the Work with
theirs. Unless otherwise provided in the Contract
Documents, the CONTRACTOR shall do all cutting,
fitting and patching of the Work that may be required
to make its several parts come together properly and
integrate with such other work. The CONTRACTOR
shall not endanger any work of others by cutting,
excavating or otherwise altering their work and will
only cut or alter their work with the written consent of
Owner's Representative and the other contractors
whose work will be affected. The CONTRACTOR
shall promptly remedy damage wrongfully caused by
the CONTRACTOR to completed or partially
completed construction or to property of the
OWNER or separate contractors.
7.3 If the proper execution or results of any part
of the CONTRACTOR's Work depends upon work
performed by others under this Article 7, the
CONTRACTOR shall inspect such other work and
promptly report to Owner's Representative in writing
any delays, defects or deficiencies in such other
work that render it unavailable or unsuitable for the
proper execution and results of the
CONTRACTOR's Work. The CONTRACTOR's
failure to report will constitute an acceptance of such
other work as fit and proper for integration with the
CONTRACTOR's Work except for latent or non -
apparent defects and deficiencies in such other
work.
7.4 The OWNER shall provide for coordination
of the activities of the OWNER's own forces and of
each separate contractor with the Work of the
CONTRACTOR, who shall cooperate with them.
The CONTRACTOR shall participate with other
separate contractors and Owner's Representative in
reviewing their construction schedules when
directed to do so. The CONTRACTOR shall make
any revisions to the construction schedule deemed
necessary after a joint review and mutual
agreement. The construction schedules shall then
constitute the schedules to be used by the
CONTRACTOR, separate contractors and the
OWNER until subsequently revised.
7.5 Unless otherwise stated herein, costs
caused by delays or by improperly timed activities or
defective construction shall be borne by the party
responsible therefor.
ARTICLE 8 - OWNER'S RESPONSIBILITIES
8.1 Prior to the start of construction, the
OWNER will designate in writing a person or entity
to act as Owner's Representative during
construction. Except as otherwise provided in these
General Conditions, the OWNER shall issue all
communications to the CONTRACTOR through
Owner's Representative.
8.2 The OWNER will not supervise, direct,
control or have authority over or be responsible for
the CONTRACTOR's means, methods, techniques,
sequences or procedures of construction or the
safety precautions and programs incident thereto.
The OWNER is not responsible for any failure of the
CONTRACTOR to comply with laws and regulations
applicable to furnishing or performing the Work. The
OWNER is not responsible for the CONTRACTOR's
failure to perform or furnish the Work in accordance
with the Contract Documents. Failure or omission of
the OWNER to discover, or object to or condemn
any defective Work or material shall not release the
CONTRACTOR from the obligation to properly and
fully perform the Contract.
00700 07/07/03 Page 17 General Conditions
8.3 The OWNER is not responsible for the acts
or omissions of the CONTRACTOR, or of any
Subcontractor, any Supplier, or of any other person
or organization performing or furnishing any of the
Work.
8.4 Information or services under the OWNER's
control shall be furnished by the OWNER with
reasonable promptness to avoid delay in the orderly
progress of the Work.
8.5 The foregoing are in addition to other duties
and responsibilities of the OWNER enumerated
herein and especially those in respect to Article 4
(Availability of Lands; Subsurface and Physical
Conditions; Reference Points), Article 7 (Other
Work) and Article 14 (Payments to the
CONTRACTOR and Completion).
8.6 Notice of Claim:
Should the OWNER suffer injury or damage to
person or property because of any error, omission or
act of the CONTRACTOR or of any of the
CONTRACTOR's employees or agents or others for
whose acts the CONTRACTOR is liable, a Claim will
be made to the other party within thirty (30) calendar
days of the event giving rise to such injury or
damage. The provisions of this paragraph 8.6 shall
not be construed as a substitute for or a waiver of
the provisions of any applicable statute of limitations
or statute of repose.
ARTICLE 9 - ENGINEER/ARCHITECT'S STATUS
DURING CONSTRUCTION
9.1 E/A's Authority and Responsibilities:
9.1.1 The duties and responsibilities and the
limitations of authority of E/A during construction are
set forth in the Contract Documents and shall not be
extended without written consent of the OWNER
and E/A. The assignment of any authority, duties or
responsibilities to E/A under the Contract
Documents, or under any agreement between the
OWNER and E/A, or any undertaking, exercise or
performance thereof by E/A, is intended to be for the
sole and exclusive benefit of the OWNER and is not
for the benefit of the CONTRACTOR, Subcontractor,
Sub -subcontractor, Supplier, or any other person or
organization, or for any surety or employee or agent
of any of them.
9.1.2 E/A will not supervise, direct, control or have
authority over or be responsible for the
00700 07/07/03
CONTRACTOR's means, methods, techniques,
sequences or procedures of construction, or the
safety precautions and programs incident thereto.
E/A is not responsible for any failure of the
CONTRACTOR to comply with laws and regulations
applicable to the furnishing or performing the Work.
E/A is not responsible for the CONTRACTO R's
failure to perform or furnish the Work in accordance
with the Contract Documents. Failure or omission of
E/A to discover, or object to or condemn any
defective Work or material shall not release the
CONTRACTOR from the obligation to properly and
fully perform the Contract.
9.1.3 E/A is not responsible for the acts or
omissions of the CONTRACTOR, or of any
Subcontractor, any Supplier, or of any other person
or organization performing or furnishing any of the
Work.
9.1.4 If the OWNER so directs, E/A will review the
final Application for Payment and accompanying
documentation and all maintenance and operating
instructions, schedules, guarantees, bonds and
certificates of inspection, tests and approvals and
other documentation required to be delivered by
Article 14, but only to determine generally that their
content complies with the requirements of, and in
the case of certificates of inspections, tests and
approvals that the results certified indicate
compliance with, the Contract Documents.
9.1.5 The limitations upon authority and
responsibility set forth in this paragraph 9.1 shall
also apply to E/A's Consultants, Resident Project
Representative and assistants.
9.2 E/A as Owner's Representative:
9.2.1 E/A may be designated as Owner's
Representative under paragraph 8.1.
9.3 Visits to Site:
If the OWNER so directs, E/A will make visits to the
site at intervals appropriate to the various stages of
construction as is necessary in order to observe as
an experienced and qualified design professional
the progress that has been made and the quality of
the various aspects of the CONTRACTOR's
executed Work. Based on information obtained
during such visits and observations, E/A will
endeavor for the benefit of the OWNER to determ ine
if the Work is proceeding in accordance with the
Contract Documents. E/A will not be required to
make exhaustive or continuous on-site inspections
to check the quality or quantity of the Work. E/A's
efforts will be directed toward providing for the
Page 18 General Conditions
OWNER a greater degree of confidence that the
completed Work will conform to the Contract
Documents. On the basis of such visits and on-site
observations, E/A will keep the OWNER informed of
the progress of the Work and will endeavor to guard
the OWNER against defective Work. E/A's visits
and on-site observations are subject to all the
limitations on E/A's authority and responsibility set
forth in paragraph 9.1.
9.4 Project Representative:
If the OWNER and E/A agree, E/A will furnish a
Resident Project Representative to assist E/A in
providing more continuous observation of the Work.
The responsibilities and authority and limitations of
any such Resident Project Representative and
assistants will be as provided in paragraph 9.1 and
in the Supplemental General Conditions. The
OWNER may designate another representative or
agent to represent the OWNER at the site who is not
E/A, E/A's consultant, agent or employee.
9.5 Clarifications and Interpretations:
E/A may determine that written clarifications or
interpretations of the requirements of the Contract
Documents (in the form of drawings or otherwise)
are necessary. Such written clarifications or
interpretations will be consistent with the intent of
and reasonably inferable from the Contract
Documents, will be issued with reasonable
promptness by Owner's Representative and will be
binding on the OWNER and the CONTRACTOR. If
the OWNER or the CONTRACTOR believes that a
written clarification or interpretation justifies an
adjustment in the Contract Amount or the Contract
Times, the OWNER or the CONTRACTOR may
make a Claim therefor as provided in Article 11 or
Article 12.
9.6 Rejecting Defective Work:
E/A will recommend that the OWNER disapprove or
reject Work which E/A believes to be defective, or
believes will not produce a completed Project that
conforms to the Contract Documents or will
prejudice the integrity of the design concept of the
completed Project as a functioning whole as
indicated by the Contract Documents.
ARTICLE 10 - CHANGES IN THE WORK
10.1 Changes:
10.1.1 Without invalidating the Contract and
without notice to any surety, the OWNER may, at
any time or from time to time, order additions,
deletions or revisions in the Work. Such changes in
the Work will be authorized by Change Order,
Change Directive or Field Order.
10.1.2 Changes in the Work shall be performed
under applicable provisions of the Contract
Documents, and the CONTRACTOR shall proceed
promptly, unless otherwise provided in the Change
Order, Change Directive or Field Order.
10.1.3 The CONTRACTOR shall not be entitled to
an increase in the Contract Amount or an extension
of the Contract Times with respect to any Work
performed that is not required by the Contract
Documents as amended, modified and
supplemented as provided in paragraph 3.3.1 and
paragraph 3.3.2, except in the case of an
emergency as provided in paragraph 6.11.5 or in the
case of uncovering Work as provided in paragraph
13.4.
10.1.4 Except in the case of an emergency as
provided in paragraph 6.11.5, a Change Order or
Change Directive is required before the
CONTRACTOR commences any activities
associated with a change in the Work which, in the
CONTRACTOR 's opinion, will result in a change in
the Contract Amount and/or Contract Times.
10.1.5 If notice of any change affecting the general
scope of the Work or the provisions of the Contract
Documents (including, but not limited to, Contract
Amount or Contract Times) is required by the
provisions of any Bond to be given to a surety, the
giving of any such notice will be the
CONTRACTOR's responsibility, and the amount of
each applicable Bond will be adjusted accordingly.
10.2 Change Orders:
10.2.1 The OWNER and the CONTRACTOR shall
execute appropriate written Change Orders
covering:
.1 a change in the Work;
.2 the amount of the adjustment in the
Contract Amount, if any; and
.3 the extent of the adjustment in the
Contract Time, if any.
10.2.2 An executed Change Order shall represent
the complete, equitable, and final amount of
adjustment in the Contract Amount and/or Contract
00700 07/07/03 Page 19 General Conditions
Time owed to the CONTRACTOR or the OWNER as
a result of the occurrence or event causing the
change in the Work encompassed by the Change
Order.
10.3 Change Directives:
10.3.1 The OWNER may by written Change
Directive, without invalidating the Contract, order
changes in the Work within the general scope of the
Contract consisting of additions, deletions or other
revisions, the Contract Amount and Contract Time
being adjusted as necessary. A Change Directive
shall be used in the absence of complete and
prompt agreement on the terms of a Change Order.
10.3.2 If the Change Directive provides for an
adjustment to the Contract Amount, the adjustment
shall be based on the method provided for in
paragraph 11.5.
10.3.3 A Change Directive signed by the
CONTRACTOR indicates the agreement of the
CONTRACTOR with proposed basis of adjustment,
if any, in Contract Amount and Contract Time. Such
agreement shall be effective immediately and shall
be recorded later by preparation and execution of an
appropriate Change Order.
10.3.4 Upon execution of a Change Directive, the
CONTRACTOR shall promptly proceed with the
change in the Work involved.
10.4 Field Order:
10.4.1 Owner's Representative may authorize
minor variations in the Work from the requirements
of the Contract Documents which do not involve an
adjustment in the Contract Amount or the Contract
Times and are compatible with the design concept of
the completed Project as a functioning whole as
indicated by the Contract Documents. These shall
be accomplished by written Field Order and shall be
binding on the OWNER and on the CONTRACTOR
who shall perform the Work involved promptly.
10.4.2 If the CONTRACTOR believes that a Field
Order would require an adjustment in the Contract
Amount and/or Contract Times, the CONTRACTOR
shall make written request to Owner's
Representative for a Change Order. Any request by
the CONTRACTOR for an adjustment in Contract
Amount and/or Contract Times shall be made in
writing prior to beginning the work covered by the
Field Order.
10.5 No Damages for Delay:
The CONTRACTOR shall receive no compensation
for delays or hindrances to the Work, except when
direct and unavoidable extra cost to the
CONTRACTOR is caused by failure of the OWNER
to provide information or material, if any, which is to
be furnished by the OWNER or access to the Work.
When such extra compensation is claimed, a written
statement thereof shall be presented by the
CONTRACTOR to the OWNER and, if found to be
correct by the OWNER, shall be approved. If delay
is caused by specific orders given by the OWNER to
stop work or by performance of extra Work or by
failure of the OWNER to provide material or
necessary instructions for carrying on the Work,
then such delay will entitle the CONTRACTOR to an
equivalent extension of time, the CONTRACTOR's
application for which shall, however, be subject to
approval of the OWNER. No such extension of time
shall release the CONTRACTOR or surety on its
performance bond from all the CONTRACTOR's
obligations hereunder which shall remain in full force
until discharge of the Contract.
ARTICLE 11 - CHANGE OF CONTRACT AMOUNT
11.1 The Contract Amount is stated in the
Agreement and, including authorized adjustments, is
the total amount payable by the OWNER to the
CONTRACTOR for performance of the Work under
the Contract Documents.
11.2 The original Contract Amount may not be
increased by more than twenty-five percent (25%)
and it may not be decreased more than twenty-five
percent (25%) without the consent of the
CONTRACTOR to such decrease.
11.3 The Contract Amount shall only be changed
by a Change Order. Any claim for an adjustment in
the Contract Amount shall be made by Written
Notice delivered by the party making the Claim to
the other party promptly (but in no event later than
thirty (30) calendar days) after the start of the
occurrence or event giving rise to the Claim and
stating the general nature of the Claim. Notice of
the amount of the Claim with supporting data shall
be delivered within thirty (30) calendar days after
Written Notice of Claim is delivered by claimant, and
shall represent that the adjustment claimed covers
all known amounts to which claimant is entitled as a
result of said occurrence or event. If the OWNER
and the CONTRACTOR cannot otherwise agree, all
Claims for adjustment in the Contract Amount shall
be determined as set out in Article 16.
11.4 Determination of Value of Work:
00700 07/07/03 Page 20 General Conditions
11.4.1 The value of any Work covered by a
Change Order or of any Claim for an adjustment in
the Contract Amount will be determined by one or
more of the following methods:
.1 by application of unit prices contained in
the Contract Documents to the
quantities of the items involved.
.2 by a mutually agreed lump sum properly
itemized and supported by sufficient
substantiating data to permit evaluation.
.3 by cost of Work plus the
CONTRACTOR's fee for all overhead
costs and profit (determined as provided
in paragraph 11.5).
11.4.2 Before using the method described in
paragraph 11.4.1.3, the OWNER and the
CONTRACTOR agree to negotiate a Change Order
using the methods identified in paragraph 11.4.1.1
and paragraph 11.4.1.2, as appropriate, to
determine the adjustment in the Contract Amount.
11.5 Cost of Work:
If neither of the methods defined in paragraph
11.4.1.1 or paragraph 11.4.1.2 can be agreed upon
before a change in the Work is commenced which
will result in an adjustment in the Contract Amount,
then the change in the Work will be performed by
Change Directive and payment will be made as
follows:
.1 For all personnel, the CONTRACTOR
will receive the rate or wage specified in
the prevailing wage rates established in
Section 00830 for each hour that said
personnel are actually engaged in such
Work, to which will be added an amount
equal to twenty-five percent (25%) of the
sum thereof as compensation for the
CONTRACTOR's and any affected
Subcontractor's total overhead and
profit. No separate charge will be made
by the CONTRACTOR for organization
or overhead expenses. For the cost of
premiums on public liability insurance,
workers' compensation insurance, social
security and unemployment insurance,
an amount equal to fifty-five percent
(55%) of the wages paid personnel,
excluding the twenty-five (25%)
compensation provided above, will be
paid to the CONTRACTOR. The actual
cost of the CONTRACTOR's bond(s) on
the extra Work will be paid based on
invoices from surety. No charge for
superintendence will be made unless
considered necessary and ordered by
the OWNER.
.2 The CONTRACTOR will receive the
actual cost, including freight charges, of
the materials used on such Work, to
which costs will be added a sum equal
to twenty-five percent (25%) thereof as
compensation for the CONTRACTOR's
and any affected Subcontractor's total
overhead and profit. In case material
invoices indicate a discount may be
taken, the actual cost will be the invoice
price minus the discount.
.3 For machinery, trucks, power tools, or
other similar equipment agreed to be
necessary by the OWNER and the
CONTRACTOR, the OWNER will allow
the CONTRACTOR the rate as given in
the latest edition of the Associated
General Contractors of America
"Contractor's Equipment Cost Guide" as
published by Dataquest for each hour
that said tools or equipment are in use
on such work, which rate includes the
cost of fuel, lubricants and repairs. No
additional compensation will be allowed
on the equipment for the
CONTRACTOR's overhead and profit.
.4 The compensation, as herein provided
for, shall be received by the
CONTRACTOR and any affected
Subcontractor as payment in full for
work done by Change Directive and will
include use of small tools, and total
overhead expense and profit. The
CONTRACTOR and the Owner's
Representative shall compare records
of work done by Change Directive at the
end of each day. Copies of these
records will be made upon forms
provided for this purpose by the
OWNER and signed by both Owner's
Representative and the CONTRACTOR,
with one (1) copy being retained by the
OWNER and one (1) by the
CONTRACTOR. Refusal by the
CONTRACTOR to sign these records
within two (2) working days of
presentation does not invalidate the
accuracy of the record.
11.6 Unit Price Work:
00700 07/07/03 Page 21 General Conditions
11.6.1 Where the Contract Documents provide that
all or part of the Work is to be unit price Work,
initially the Contract Amount will be deemed to
include for all unit price work an amount equal to the
sum of the established unit price for each separately
identified item of unit price work times the estimated
quantity of each item as indicated in the Bid. The
estimated quantities of items of unit price work are
not guaranteed and are solely for the purpose of
comparison of Bids and determining an initial
Contract Amount. Determinations of the actual
quantities and classifications of unit price work
performed by the CONTRACTOR will be made by
Owner's Representative. Owner's Representative
will review with the CONTRACTOR the preliminary
determinations on such matters before rendering a
written decision thereon (by recommendation of an
Application for Payment or otherwise).
11.6.2 When "plan quantity" is indicated for a bid
item, the CONTRACTOR shall be paid the amount
specified in the Contract Documents without any
measurements.
11.6.3 Each unit price will be deemed to include an
amount considered by the CONTRACTOR to be
adequate to cover the CONTRACTOR'S overhead
and profit for each separately identified item.
11.6.4 A Major Item is any individual bid item in the
Bid that has a total cost equal to or greater than five
percent (5%) of the original Contract Amount or
$50,000, whichever is greater, computed on the
basis of bid quantities and Contract unit prices.
11.6.5 The OWNER or the CONTRACTOR may
make a Claim for an adjustment in the Contract
Amount in accordance with Article 11 if:
.1 the actual quantity of any Major Item
should become as much as twenty
percent (20%) more than or twenty
percent (20%) less than in the Bid; or
.2 The CONTRACTOR presents proper
documentation contesting the accuracy
of "plan quantity," and Owner's
Representative verifies quantity and
determines original quantity is in error
by five percent (5%) or more.
11.6.6 Right to Verify Information: The
CONTRACTOR agrees that any designated
representative of the OWNER shall have the right to
examine the CONTRACTOR's records to verify the
accuracy and appropriateness of the pricing data
used to price change proposals. Even after a
Change Order Proposal has been approved, the
CONTRACTOR agrees that if the OWNER later
determines the cost and pricing data submitted was
inaccurate, incomplete, not current or not in
compliance with the terms of this Agreement
regarding pricing of change orders, then an
appropriate contract price reduction will be made.
11.6.7 Pricing Information Requirements: The
CONTRACTOR agrees to provide and require all
subcontractors to provide a breakdown of allowa ble
labor and labor burden cost information as outlined
herein. This information will be used to evaluate the
potential cost of labor and labor burden related to
change order work. It is intended that this
information represent an accurate estimate of the
CONTRACTOR's actual labor and labor burden cost
components. This information is not intended to
establish fixed billing or change order pricing labor
rates. However, at the time change orders are
priced the submitted cost data for labor rates may be
used to price change order work. The accuracy of
any such agreed-upon labor cost components used
to price change orders will be subject to later audit.
Approved change order amounts may be adjusted
later to correct the impact of inaccurate labor cost
components if the agreed-upon labor cost
components are determined to be inaccurate.
ARTICLE 12 - CHANGE OF CONTRACT TIMES
12.1 Working Day and Calendar Day
Contracts:
12.1.1 The Contract Times (or Milestones) shall
only be changed by Change Order or Time
Extension Request duly executed by both the
CONTRACTOR and Owner's Representative. Any
claim for an adjustment of the Contract Times (or
Milestones) shall be made by Written Notice
delivered by the party making the Claim to the other
party promptly (but in no event later than thirty (30)
calendar days) after the start of the occurrence or
event giving rise to the delay and stating the general
nature of the delay. Notice of the extent of the delay
with supporting data shall be delivered within thirty
(30) calendar days after Written Notice of Claim is
delivered by claimant, and shall represent that the
adjustment claimed is the entire adjustment to wh ich
claimant is entitled as a result of said occurrence or
event. If the OWNER and the CONTRACTOR
cannot otherwise agree, all Claims for adjustment in
00700 07/07/03 Page 22 General Conditions
the Contract Times (or Milestones) shall be
determined as set out in Article 16. No Claim for an
adjustment in the Contract Times (or Milestones) will
be valid if not submitted in accordance with the
requirements of this paragraph.
12.12 When the CONTRACTOR is at fault and the
OWNER stops the Work so that corrections in the
Work can be made by the CONTRACTOR, then no
extension in time will be allowed.
12.1.3 When the CONTRACTOR is prevented from
completing any part of the Work within the Contract
Times (or Milestones) due to delay beyond the
control of both the OWNER and the CONTRACTOR,
an extension of the Contract Times (or Milestones)
in an amount equal to the time lost due to such
delay shall be the CONTRACTOR's sole and
exclusive remedy for such delay. However, adverse
weather shall not be considered justification for
extension of Contract Times on Calendar Day
contracts except as provided for in paragraph 12.2.
12.1.4 The OWNER will consider time extension
requests and may grant the CONTRACTOR an
extension of time because of:
.1 Changes ordered in the work which
justify additional time.
.2 Failure of materials or products being at
the Project site due to delays in
transportation or failures of Suppliers,
which are not the result of the
CONTRACTOR's, Subcontractor's or
Supplier's negligence. The request for
an extension of time shall be supported
by a recitation of acts demonstrating
that such delays were beyond the
control of the CONTRACTOR, including
but not limited to, the CONTRACTOR's
efforts to overcome such delays
documented as follows:
a) Copy of purchase order for delayed
item(s) indicating date ordered by
the CONTRACTOR/Subcontractor
and date purchase order received
by Supplier.
b) If item(s) require Shop Drawings or
other submittal information in
accordance with the Contract
Documents, provide record of date
submittal(s) forwarded to Owner's
Representative, date submittal(s)
returned to the CONTRACTOR, and
date submittal(s) forwarded to
Supplier.
c) Copy of document(s) from Supplier,
on Supplier's letterhead, indicating
date(s) item(s) would be ready for
shipment and/or actual shipment
date(s).
d) Copies of all correspondence
between the CONTRACTOR/
Subcontractor and Supplier
indicating the CONTRACTOR/
Subcontractor's efforts to expedite
item(s).
e) If item(s) are being purchased by a
Subcontractor, provision of meeting
notes, correspondence, and the like
which reflect the CONTRACTOR's
efforts with the Subcontractor to
expedite delivery of the item(s).
.3 When acts of the OWNER, E/A, utility
owners or other contractors employed
by the OWNER delay progress of work
through no fault of the CONTRACTOR.
.4 When the CONTRACTOR is delayed by
strikes, lockouts, fires, losses from
natural causes, or other unavoidable
cause or causes beyond the
CONTRACTOR's control.
12.2 Calendar Day Contracts:
Under a Calendar Day Contract, the CONTRACTOR
may also be granted an extension of time because
of unusual inclement weather that is beyond the
normal weather expected for the Round Rock,
Texas area. Normal weather which prevents the
CONTRACTOR from performing Work is expected
during a Calendar Day Contract, and is not a
justification for an extension of time. The following
delineates the number of days per month for which,
for purposes of Calendar Day Contracts, expected
normal weather will prevent performance of Work:
January 7 days
February 7 days
March 7 days
April 7 days
May 8 days
June 6 days
July 6 days
August 5 days
September 7 days
October 7 days
00700 07/07/03 Page 23 General Conditions
November 7 days
December 7 days
Days per month exceeding the number shown
above may be credited as Rain Days if a Claim is
made in accordance with paragraph 12.1.1 and
meets the following definition: a "Rain Day" is any
day in which a weather event occurs at the site and
is sufficient to prevent the CONTRACTOR from
performing units of Work critical to maintaining the
project schedule.
ARTICLE 13 - TESTS AND INSPECTIONS; AND
CORRECTION OR REMOVAL OF
DEFECTIVE WORK
13.1 Notice of Defects:
Prompt notice of all defective Work of which the
OWNER or E/A has actual knowledge will be given
to the CONTRACTOR. All defective Work may be
rejected or corrected as provided for in Article 13.
13.2 Access to Work:
The OWNER, E/A, E/A's Consultants, other
representatives and personnel of the OWNER,
independent testing laboratories and governmental
agencies having jurisdiction will have unrestricted
physical access to the Work site for observing,
inspecting and testing. The CONTRACTOR shall
provide them proper and safe conditions for such
access, and advise them of the CONTRACTOR's
site safety procedures and programs so that they
may comply therewith as applicable.
13.3 Tests and Inspections:
13.3.1 The CONTRACTOR shall give timely notice
of readiness of the Work for all required inspections,
tests or approvals, and shall cooperate with
inspection and testing personnel to facilitate required
inspections or tests.
13.3.2 The OWNER shall employ and pay for
services of an independent testing laboratory to
perform all inspections, tests or approvals required
by the Contract Documents except:
.1 for inspections, tests or approvals
covered by paragraph 13.3.3 below;
.2 for reinspecting or retesting defective
Work; and
.3 as otherwise specifically provided in the
Contract Documents.
All testing laboratories shall be those selected by the
OWNER.
13.3.3 If laws or regulations of any public body
having jurisdiction require any Work (or part thereof)
specifically to be inspected, tested or approved by
an employee or other representative of such public
body, the CONTRACTOR shall assume full
responsibility for arranging and obtaining such
inspections, tests or approvals, pay all costs in
connection therewith and furnish Owner's
Representative the required certificates of inspection
or approval. The CONTRACTOR shall also be
responsible for arranging and obtaining and shall
pay all costs in connection with any inspections,
tests or approvals required for the OWNER's and
E/A's review of materials or equipment to be
incorporated in the Work, or of materials, mix
designs or equipment submitted for review prior to
the CONTRACTOR's purchase thereof for
incorporation in the Work.
13.4 Uncovering Work:
13.4.1 If any Work (or the work of others) that is to
be inspected, tested or approved is covered by the
CONTRACTOR without concurrence of Owner's
Representative, or if any Work is covered contrary to
the written request of Owner's Representative, it
must, if requested by Owner's Representative, be
uncovered and recovered at the CONTRACTOR's
expense.
13.4.2 If Owner's Representative considers it
necessary or advisable that covered Work be
observed, inspected or tested, the CONTRACTOR
shall uncover, expose or otherwise make available
for observation, inspection or testing that portion of
the Work in question, furnishing all necessary labor,
material and equipment. If it is found that such Work
is defective, the CONTRACTOR shall pay all claims,
costs, losses and damages caused by, arising out of
or resulting from such uncovering, exposure,
observation, inspection and testing and of
satisfactory replacement or reconstruction (including
but not limited to all costs of repair or replacement of
work of others); and the OWNER shall be entitled to
an appropriate decrease in the Contract Amount,
and may make a Claim therefor as provided in
Article 11. If, however, such Work is not found to be
defective, the CONTRACTOR shall be allowed an
increase in the Contract Amount or an extension of
the Contract Times (or Milestones), or both, directly
attributable to such uncovering, exposure,
observation, inspection, testing, replacement and
reconstruction; and the CONTRACTOR may make a
00700 07/07/03 Page 24 General Conditions
Claim therefor as provided in Article 11 and Article
12.
13.5 OWNER May Stop the Work:
13.5.1 If the Work is defective, or the
CONTRACTOR fails to supply sufficient skilled
workers or suitable materials or equipment, or fails
to furnish or perform the Work in such a way that the
completed Work will conform to the Contract
Documents, the OWNER may order the
CONTRACTOR to stop the Work, or any portion
thereof, until the cause for such order has been
eliminated; however, this right of the OWNER to
stop the Work shall not give rise to any duty on the
part of the OWNER to exercise this right for the
benefit of the CONTRACTOR or any surety or other
party.
13.5.2 If the CONTRACTOR persistently fails to
correct defective Work or submit a satisfactory plan
to take corrective action, with procedure and time
schedule, the OWNER may order the
CONTRACTOR to stop the Work, or any portion
thereof, until cause for such order has been
eliminated, or take any other action permitted by this
Contract. A notice to stop the Work, based on
defects, shall not stop calendar or working days
charged to the Project.
13.6 Correction or Removal of Defective
Work:
If required by the OWNER, the CONTRACTOR shall
promptly, as directed, either correct all defective
Work, whether or not fabricated, installed or
completed, or, if the Work has been rejected by
Owner's Representative, remove it from the site and
replace it with Work that is not defective. The
CONTRACTOR shall correct or remove and replace
defective Work, or submit a plan of action detailing
how the deficiency will be corrected, within the time
frame identified in the notice of defective Work. The
CONTRACTOR shall pay all claims, costs, losses
and damages caused by or resulting from such
correction or removal (including but not limited to all
costs of repair or replacement of work of others).
13.7 Warranty period:
13.7.1 If, at any time after the date of Substantial
Completion or such longer period of time as may be
prescribed by laws or regulations or by the terms of
any applicable special guarantee required by the
Contract Documents or by any specific provision of
the Contract Documents, any Work is found to be
defective, the CONTRACTOR shall promptly,
without cost to the OWNER and in accordance with
the OWNER's written instructions:
(i) correct such defective Work, or, if it has
been rejected by the OWNER, remove it
from the site and replace it with Work
that is not defective, and
(ii) satisfactorily correct or remove and
replace any damage to other Work or
the work of others resulting therefrom.
If the CONTRACTOR does not promptly comply with
the terms of such instructions, or in an emergency
where delay would cause serious risk of loss or
damage, the OWNER may have the defective Work
corrected or the rejected Work removed and
replaced, and all claims, costs, losses and damages
caused by or resulting from such removal and
replacement (including but not limited to all costs of
repair or replacement of work of others) will be paid
by the CONTRACTOR.
13.7.2 In special circumstances where a particular
item of equipment is placed in continuous service
before Substantial Completion of all the Work, the
warranty period for that item may start to run from an
earlier date if so provided in the Contract
Documents.
13.8 OWNER May Correct Defective Work:
If the CONTRACTOR fails within a reasonable time
after Written Notice of the OWNER to correct
defective Work, or to remove and replace rejected
Work, or if the CONTRACTOR fails to perform the
Work in accordance with the Contract Documents,
or if the CONTRACTOR fails to comply with any
other provision of the Contract Documents, the
OWNER may, after seven (7) calendar days' Written
Notice to the CONTRACTOR, correct and remedy
any such deficiency. If, in the opinion of Owner's
Representative, significant progress has not been
made during this seven (7) calendar day period to
correct the deficiency, the OWNER may exercise
any actions necessary to remedy the deficiency. In
exercising the rights and remedies under this
paragraph, the OWNER shall proceed expeditiously.
In connection with such corrective and remedial
action, the OWNER may exclude the
CONTRACTOR from all or part of the site, take
possession of all or part of the Work, and suspend
the CONTRACTOR's services related thereto, and
incorporate in the Work all materials and equipment
stored at the site or for which the OWNER has paid
the CONTRACTOR but which are stored elsewhere.
The CONTRACTOR shall allow the OWNER, its
agents and employees, the OWNER's other
00700 07/07/03 Page 25 General Conditions
contractors, E/A and E/A's consultants access to the
site to enable the OWNER to exercise the rights and
remedies under this paragraph. All claims, costs,
losses and damages incurred or sustained by the
OWNER in exercising such rights and remedies will
be charged against the CONTRACTOR and a
Change Order will be issued incorporating the
necessary revisions in the Contract Documents with
respect to the Work. Such claims, costs, losses and
damages will include but not be limited to all costs of
repair or replacement of work of others destroyed or
damaged by correction, removal or replacement of
the CONTRACTOR's defective Work. The
CONTRACTOR shall not be allowed an extension of
the Contract Times (or Milestones), or claims of
damage because of any delay in the performance of
the Work attributable to the exercise by the OWNER
of the OWNER's rights and remedies hereunder.
ARTICLE 14 - PAYMENTS TO CONTRACTOR
AND COMPLETION
14.1 Application for Progress Payment:
14.1.1 Not more than once per month, the
CONTRACTOR shall submit to Owner's
Representative for review an Application for
Payment, in a form acceptable to the OWNER, filled
out and signed by the CONTRACTOR covering the
Work completed as of the date of the Application
and accompanied by such supporting
documentation as is required by the Contract
Documents.
14.1.2 Such applications shall not include requests
for payment on account of changes in the Work
which have been properly authorized by Change
Directives but not yet included in Change Orders.
14.1.3 Such applications shall not include requests
for payment of amounts the CONTRACTOR does
not intend to pay to a Subcontractor or Supplier
because of a dispute or other reason.
14.1.4 If payment is requested on the basis of
materials or equipment not incorporated in the Work
but delivered and suitably stored at the site or at
another location agreed to in writing, the Application
for Payment shall be accompanied by such bills of
sale, data and other procedures satisfactory to the
OWNER substantiating the OWNER's title to such
materials or equipment or otherwise protecting the
OWNER's interest. Payment on account of such
materials or equipment will not include any amount
for the CONTRACTOR's overhead or profit or
relieve the CONTRACTOR of its obligation to protect
and install such materials or equipment in
accordance with the requirements of the Contract
and to restore damaged or defective Work. If
materials or equipment are stored at another
location they shall be stored in a bonded and
insured facility, accessible to E/A and the OWNER,
and shall be clearly marked as property of the
OWNER.
14.1.5 Where the original Contract Amount is less
than $400,000, the OWNER will pay to the
CONTRACTOR the total amount of approved
Application for Payment, less ten percent (10%) of
the amount thereof, which ten percent (10%) will be
retained until final payment, less all previous
payments and less all sums that may be retained by
the OWNER under the terms of this Agreement.
Where the original Contract Amount is $400,000 or
more, the OWNER will pay to the CONTRACTOR
the total amount of approved Application for
Payment, less five percent (5%) of the amount
thereof, which five percent (5%) will be retained until
final payment, less all previous payments and less
all sums that may be retained by the OWNER under
the terms of this Agreement. In either case, if the
Work is near completion and delay occurs due to no
fault or neglect of the CONTRACTOR, the OWN ER
may pay a portion of the retained amount to the
CONTRACTOR. The CONTRACTOR, at the
OWNER's option, may be relieved of the obligation
to complete the Work and, thereupon, the
CONTRACTOR shall receive payment of the
balance due under the Contract subject to the
conditions stated under paragraph 15.2.
14.1.6 Applications for Payment shall include the
following documentation:
.1 updated progress schedule;
.2 monthly subcontractor report; and
.3 any other documentation required under
the Supplemental General Conditions.
14.2 CONTRACTOR'S Warranty of Title:
The CONTRACTOR warrants and guarantees that
title to all Work, materials and equipment covered by
any Application for Payment, whether incorporated
in the Project or not, will pass to the OWNER not
later than the time of payment to the CONTRACTOR
free and clear of all liens.
14.3 Review of Applications for Progress
Payment:
00700 07/07/03 Page 26 General Conditions
14.3.1 Owner's Representative will, within seven
(7) calendar days after receipt of each Application
for Payment, either indicate a recommendation for
payment and forward the Application for processing
by the OWNER, or retum the Application to the
CONTRACTOR indicating Owner's Representative's
reasons for refusing to recommend payment. In the
latter case, the CONTRACTOR may make the
necessary corrections and resubmit the Application.
14.3.2 Owner's Representative's recommendation
of any payment requested in an Application for
Payment will constitute a representation by Owner's
Representative, based upon Owner's
Representative's on-site observations of the
executed Work and on Owner's Representative's
review of the Application for Payment and the
accompanying data and schedules, that to the best
of Owner's Representative's knowledge, information
and belief:
.1 the Work has progressed to the point
indicated; and
.2 the quality of the Work is in accordance
with the Contract Documents (subject to
an evaluation of the Work as a
functioning whole prior to or upon
Substantial Completion, to the results of
any subsequent tests called for in the
Contract Documents, to a final
determination of quantities and
classifications for unit price Work, and to
any other qualifications stated in the
recommendation).
14.3.3 By recommending any such payment,
Owner's Representative will not thereby be deemed
to have represented that:
.1 exhaustive or continuous on-site
inspections have been made to check
the quality or the quantity of the Work;
.2 examination has been made to
ascertain how or for what purpose the
CONTRACTOR has used money
previously paid on account of the
Contract Amount;
.3 the CONTRACTOR's construction
means, methods, techniques,
sequences or procedures have been
reviewed; or
.4 that there may not be other matters or
issues between the parties that might
entitle the CONTRACTOR to be paid
additionally by the OWNER or entitle the
OWNER to withhold payment to the
CONTRACTOR.
14.4 Decisions to Withhold Payment:
14.4.1 The OWNER may withhold or nullify the
whole or part of any payment to such extent as may
be necessary on account of:
.1
defective Work not remedied;
.2 reasonable evidence that the Work
cannot be completed for the unpaid
balance of the Contract Amount;
.3 damage to the OWNER or another
contractor;
.4 reasonable evidence that the Work will
not be completed within the Contract
Time, and that the unpaid balance
would not be adequate to cover actual
or liquidated damages for the
anticipated delay;
.5 failure of the CONTRACTOR to submit
a schedule of values in accordance
with the Contract Documents;
.6 failure of the CONTRACTOR to submit
a submittal schedule in accordance
with the Contract Documents;
.7 failure of the CONTRACTOR to submit
or update construction schedules in
accordance with the Contract
Documents;
.8 failure of the CONTRACTOR to
maintain a record of changes on
drawings and documents;
.9 failure of the CONTRACTOR to
maintain weekly payroll reports;
.10 failure of the CONTRACTOR to submit
monthly subcontractor reports;
.11 the CONTRACTOR's neglect or
unsatisfactory prosecution of the Work,
including failure to clean up; or
.12 failure of the CONTRACTOR to com ply
with any provision of the Contract
Documents.
00700 07/07/03 Page 27 General Conditions
14.4.2 When the above reasons for withholding
payment are removed, the CONTRACTOR shall
resubmit a statement for the value of Work
performed. Payment will be made within thirty (30)
calendar days of receipt of approved Application for
Payment.
14.5 Delayed Payments:
Should the OWNER fail to make payment to the
CONTRACTOR of a sum named in any Application
for Payment within thirty (30) calendar days after the
day on which the OWNER received the mutually
acceptable Application for Payment, then the
OWNER will pay to the CONTRACTOR, in addition
to the sum shown as due by such Application for
Payment, interest thereon at the rate of one percent
(1%) per month from date due until fully paid, which
shall fully liquidate any injury to the CONTRACTOR
growing out of such delay in payment.
14.6 Arrears:
No money shall be paid by the OWNER upon any
claim, debt, demand or account whatsoever, to any
person, firm or corporation who is in arrears to the
City of Round Rock for taxes; and the City of Round
Rock shall be entitled to counterclaim and offset
against any such debt, claim, demand or account in
the amount of taxes so in arrears and no assignment
or transfer of such debt, claim, demand or account
after said taxes are due, shall affect the right of the
OWNER to so offset said taxes, and associated
penalties and interest if applicable, against the
same.
14.7 Substantial Completion:
14.7.1 If a Certificate of Occupancy is required by
public authorities having jurisdiction over the Work,
said certificate shall be issued before the Work or
any portion thereof is considered substantially
complete. When the CONTRACTOR considers that
the Work, or a portion thereof which the OWNER
agrees to accept separately, is substantially
complete, the CONTRACTOR shall notify Owner's
Representative and request a determination as to
whether the Work or designated portion thereof is
substantially complete. If Owner's Representative
does not consider the Work substantially complete,
Owner's Representative will notify the
CONTRACTOR giving reasons therefor. Failure on
the OWNER's part to list a reason does not alter the
responsibility of the CONTRACTOR to complete all
Work in accordance with the Contract Documents.
After satisfactorily completing items identified by
Owner's Representative, the CONTRACTOR shall
then submit another request for Owner's
Representative to determine substantial completion.
If Owner's Representative considers the Work
substantially complete, Owner's Representative will
prepare and deliver a certificate of Substantial
Completion which shall establish the date of
Substantial Completion, shall include a punch list of
items to be completed or corrected before final
payment, shall establish the time within which the
CONTRACTOR shall finish the punch list, and shall
establish responsibilities of the OWNER and the
CONTRACTOR for security, maintenance, heat,
utilities, damage to the Work, warranty and
insurance. Failure to include an item on the punch
list does not alter the responsibility of the
CONTRACTOR to complete all Work in accordance
with the Contract Documents. The certificate of
Substantial Completion shall be signed by the
OWNER and the CONTRACTOR to evidence
acceptance of the responsibilities assigned to them
in such certificate.
14.7.2 The OWNER shall have the right to exclude
the CONTRACTOR from the Work after the date of
Substantial Completion, but the OWNER will allow
the CONTRACTOR reasonable access to complete
or correct items on the punch list.
14.8 Partial Utilization:
The OWNER, at the OWNER's sole option, shall
have the right to take possession of and use any
completed or partially completed portion of the Work
regardless of the time for completing the entire
Work. The OWNER's exercise of such use and
possession shall not be construed to mean that the
OWNER acknowledges that any part of the Work so
possessed and used is substantially complete or
that it is accepted by OWNER, and the OWNER's
exercise of such use and possession shall not
relieve the CONTRACTOR of its responsibility to
complete all Work in accordance with the Contract
Documents.
14.9 Final Inspection:
Upon Written Notice from the CONTRACTOR that
the entire Work or an agreed portion thereof is
compete, Owner's Representative will make a final
inspection with the CONTRACTOR and provide
Written Notice of all particulars in which this
inspection reveals that the Work is incomplete or
defective. The CONTRACTOR shall immediately
take such measures as are necessary to complete
such Work or remedy such deficiencies.
00700 07/07/03 Page 28 General Conditions
14.10 Final Application for Payment:
The CONTRACTOR may make application for final
payment following the procedure for progress
payments after the CONTRACTOR has completed
all such corrections to the satisfaction of Owner's
Representative and delivered the following
documents:
. 1 Three (3) complete operating and
maintenance manuals, each containing
maintenance and operating instructions,
schedules, guarantees, and other
documentation required by the Contract
Documents;
. 2 Record documents (as provided in
paragraph 6.10);
.3 Consent of surety, if any, to final
payment. If surety is not provided,
complete and legally effective releases
or waivers (satisfactory to the OWNER)
of all claims arising out of or filed in
connection with the Work;
.4 Certificate evidencing that insurance
required by the Supplemental General
Conditions will remain in force after final
payment and through any warranty
period;
. 5 Non -Use of Asbestos Affidavit (After
Construction); and
.6 Any other documentation called for in
,the Contract Documents.
14.11 Final Payment and Acceptance:
14.11.1 If, on the basis of observation of the Work
during construction, final inspection, and review of
the final Application for Payment and accompanying
documentation as required by the Contract
Documents, Owner's Representative is satisfied that
the Work has been completed and the
CONTRACTOR's other obligations under the
Contract Documents have been fulfilled, Owner's
Representative will recommend the final Application
for Payment and thereby notify the OWNER, who
will pay to the CONTRACTOR the balance due the
CONTRACTOR under the terms of the Contract.
14.11.2 As Contract Time is measured to Final
Completion, Owner's Representative will issue a
letter of final acceptance to the CONTRACTOR
which establishes the Final Completion date and
initiates any warranty period.
14.11.3 Final payment is considered to have taken
place when the CONTRACTOR or any of its
representatives negotiates the OWNER's final
payment check, whether labeled final or not, for
cash or deposits check in any financial institution for
its monetary retum.
14.12 Waiver of Claims:
The making and acceptance of final payment will
constitute:
.1 a waiver of claims by the OWNER
against the CONTRACTOR, except
claims arising from unsettled claims,
from defective Work appearing after
final inspection, from failure to comply
with the Contract Documents or the
terms of any warranty specified therein,
or from the CONTRACTOR's continuing
obligations under the Contract
Documents; and
.2 a waiver of all claims by the
CONTRACTOR against the OWNER
other than those previously made in
writing and still unsettled.
ARTICLE 15 - SUSPENSION OF WORK AND
TERMINATION
15.1 OWNER May Suspend Work Without
Cause and for Convenience:
At any time and without cause and for convenience,
the OWNER may suspend the Work or any portion
thereof for a period of not more than ninety (90)
calendar days by written agreement or by Written
Notice to the CONTRACTOR which will fix the date
on which the Work will be resumed. The
CONTRACTOR shall resume the Work on the date
so fixed. The CONTRACTOR may be allowed an
adjustment in the Contract Amount or an extension
of the Contract Times, or both, directly attributable to
any such suspension if the CONTRACTOR makes
an approved Claim therefor as provided in Article 11
and Article 12.
15.2 OWNER May Terminate Without Cause:
Upon seven (7) calendar days' Written Notice to the
CONTRACTOR, the OWNER may, without cause
00700 07/07/03 Page 29 General Conditions
and without prejudice to any right or remedy of the
OWNER, elect to terminate the Agreement. In such
case, the CONTRACTOR shall be paid (without
duplication of any items):
.1 for completed and acceptable Work
executed in accordance with the
Contract Documents prior to the
effective date of termination;
.2 for all claims incurred in settlement of
terminated contracts with Suppliers,
Subcontractors, and others. The
CONTRACTOR agrees to negotiate in
good faith with Subcontractors,
Suppliers and others to mitigate the
OWNER's cost; and
.3 for anticipated profits on entire Contract
not previously paid.
15.3 OWNER May Terminate With Cause:
15.3.1 Upon the occurrence of any one or more of
the following events:
.1 if the CONTRACTOR persistently fails
to perform the Work in accordance with
the Contract Documents;
.2 if the CONTRACTOR disregards laws or
regulations of any public body having
jurisdiction;
.3 if the CONTRACTOR disregards the
authority of Owner's Representative;
.4 if the CONTRACTOR makes fraudulent
statements;
.5 if the CONTRACTOR fails to maintain a
work force adequate to accomplish the
Work within the Contract Time;
. 6 if the CONTRACTOR fails to make
adequate progress and endangers
successful completion of the Contract;
or
. 7 if the CONTRACTOR otherwise violates
in any substantial way any provisions of
the Contract Documents;
The OWNER may, after giving the CONTRACTOR
(and the surety, if any) seven (7) calendar days'
Written Notice terminate the services of the
CONTRACTOR. The OWNER, at its option, may
proceed with negotiation with surety for completion
of the Work. Alternatively, the OWNER may under
these circumstances exclude the CONTRACTOR
from the site and take possession of the Work
(without liability to the CONTRACTOR for trespass
or conversion), incorporate in the Work all materials
and equipment stored at the site or for which the
OWNER has paid the CONTRACTOR but which are
stored elsewhere, and finish the Work as the
OWNER may deem expedient. In such case the
CONTRACTOR shall not be entitled to receive any
further payment until the Work is finished. If the
unpaid balance of the Contract Amount exceeds all
claims, costs, losses and damages sustained by the
OWNER arising out of or resulting from completing
the Work, such excess will be paid to the
CONTRACTOR. If such claims, costs, losses and
damage exceed such unpaid balance, the
CONTRACTOR or surety shall pay the difference to
the OWNER.
15.3.2 Where the CONTRACTOR's services have
been so terminated by the OWNER, the termination
will not affect any rights or remedies of the OWNER
against the CONTRACTOR and surety then existing
or which may thereafter accrue. Any retention or
payment of amounts due the CONTRACTOR by the
OWNER will not release the CONTRACTOR from
liability. In the event the OWNER terminates the
Contract with cause, the OWNER may reject any
and all bids submitted by the CONTRACTOR for up
to three (3) years.
15.4 CONTRACTOR May Stop Work or
Terminate:
If through no act or fault of the CONTRACTOR, the
Work is suspended for a period of more than ninety
(90) calendar days by the OWNER or under an
order of court or other public authority, or (except
during disputes) Owner's Representative fails to
forward for processing any mutually acceptable
Application for Payment within thirty (30) calendar
days after it is submitted, or (except during disputes)
the OWNER fails for sixty (60) calendar days after it
is submitted to pay the CONTRACTOR any sum
finally determined by the OWNER to be due, then
the CONTRACTOR may, upon seven (7) calendar
days' Written Notice to the OWNER, and provided
the OWNER does not remedy such suspension or
failure within that time, terminate the Agreement and
recover from the OWNER payment on the same
terms as provided in paragraph 15.2. In lieu of
terminating the Agreement and without prejudice to
any other right or remedy, if (except during disputes)
Owner's Representative has failed to forward for
processing any mutually acceptable Application for
Payment within thirty (30) calendar days after it is
submitted, or (except during disputes) the OWNER
00700 07/07/03 Page 30 General Conditions
has failed for sixty (60) calendar days after it is
submitted to pay the CONTRACTOR any sum finally
determined by the OWNER to be due, the
CONTRACTOR may upon seven (7) calendar days'
Written Notice to the OWNER stop the Work until
payment of all such amounts due the
CONTRACTOR, including interest thereon. The
provisions of this paragraph 15.4 are not intended to
preclude the CONTRACTOR from making a Claim
under Article 11 and Article 12 for an increase in
Contract Amount or Contract Times or otherwise for
expenses or damage directly attributable to the
CONTRACTOR's stopping Work as permitted by
this paragraph.
ARTICLE 16 - DISPUTE RESOLUTION
16.1 Filing of Claims:
16.1.1 Claims arising from the circumstances
identified in paragraphs 3.2, 4.1, 4.2.2, 4.2.4, 6.4.2
6.11.5.2, 6.17, 7.5, 8.6, 9.5, 10.4.2, 13.8, 15.1, 15.2
15.3, or 15.4, or other occurrences or events, shall
be made by Written Notice delivered by the party
making the Claim to the other party within thirty (30)
calendar days after the start of the occurrence or
event giving rise to the Claim and stating the general
nature of the Claim. Notice of the amount of the
Claim with supporting data shall be delivered within
thirty (30) calendar days after Written Notice of
Claim is delivered by claimant and shall represent
that the adjustment claimed covers all known
amounts to which claimant is entitled.
16.1.2 Within thirty (30) calendar days of receipt of
notice of the amount of the Claim with supporting
data, Owner's Representative and the
CONTRACTOR shall meet to discuss the Claim,
after which an offer of settlement or notification of no
settlement offer will be made to claimant. If claimant
is not satisfied with the proposal presented, claimant
shall have thirty (30) calendar days in which to:
.1 submit additional supporting data
requested by the other party;
.2 modify the initial Claim; or
.3 request Alternative Dispute Resolution.
16.2 Alternative Dispute Resolution:
16.2.1 If a dispute exists conceming a Claim, the
parties agree to use the following procedure prior to
pursuing any other available remedies. The
OWNER reserves the right to include E/A as a party.
16.2.2 Negotiating with Previously Uninvolved
Personnel: Either party may make a written request
for a meeting to be held between representatives of
each party within fourteen (14) calendar days of the
request or such later period that the parties may
agree to. Each party shall endeavor to include, at a
minimum, one (1) previously uninvolved senior level
decision maker empowered to negotiate on behalf of
their organization. The purpose of this and
subsequent meetings will be good faith negotiations
of the matters constituting the dispute. Negotiations
shall be concluded within thirty (30) calendar days of
the first meeting, unless mutually agreed otherwise.
This step may be waived by written agreement of
both parties, in which event the parties may proceed
directly to mediation as described below.
16.2.3 Mediation:
16.2.3.1 If the procedure described in paragraph
16.2.2 proves unsuccessful or is waived pursuant to
its terms, the parties shall initiate the mediation
process. The parties agree to select within thirty
(30) calendar days one (1) mediator trained in
mediation skills, to assist with resolution of the
dispute. The OWNER and the CONTRACTOR
agree to act in good faith in the selection of the
mediator and to give consideration to qualified
individuals nominated to act as mediator. Nothing in
this agreement prevents the parties from relying on
the skills of a person who also is trained in the
subject matter of the dispute and/or a contract
interpretation expert.
16.2.3.2 Mediation is a forum in which an
impartial person, the mediator, facilitates
communication between parties to promote
reconciliation, settlement, or understanding among
them. The parties hereby agree that mediation, at a
minimum, shall provide for 1) conducting an on-site
investigation, if appropriate, by the mediator for fact -
gathering purposes, 2) a meeting of all parties for
the exchange of points of view and 3) separate
meetings between the mediator and each party to
the dispute for the formulation of resolution
alternatives. The parties agree to participate in
mediation in good faith for up to thirty (30) calendar
days from the date of the first mediation session,
unless mutually agreed otherwise. Should the
parties fail to reach a resolution of the dispute
through mediation, then each party is released to
pursue other remedies available to them.
ARTICLE 17 — RIGHT TO AUDIT
17.1 Right to Audit:
00700 07/07/03 Page 31 General Conditions
Whenever the OWNER enters into any type of
contractual arrangement with the CONTRACTOR,
then the CONTRACTOR's "records" shall upon
reasonable notice be open to inspection and subject
to audit and/or reproduction during normal business
working hours. The OWNER's representative, or an
outside representative engaged by the OWNER,
may perform such audits. The CONTRACTOR shall
maintain all records relating to this Agreement for
four (4) years from the date of final payment under
this Agreement, or until pending litigation has been
completely and fully resolved, whichever occurs
later.
17.1.1 The OWNER shall have the exclusive right
to examine the records of the CONTRACTOR. The
term "records" as referred to herein shall include any
and all information, materials and data of every kind
and character, including without limitation records,
books, papers, documents, contracts, schedules,
commitments, arrangements, notes, daily diaries,
reports, drawings, receipts, vouchers and
memoranda, and any and all other agreements,
sources of information and matters that may, in the
OWNER's judgment, have any bearing on or pertain
to any matters, rights, duties or obligations under or
covered by any contract document. Such records
shall include (hard copy, as well as computer -
readable data if it can be made available), written
policies and procedures, time sheets, payroll
registers, cancelled checks, personnel file data,
correspondence, general ledger entries, and any
other record in the CONTRACTOR's possession
which may have a bearing on matters of interest to
the OWNER in connection with the
CONTRACTOR's dealings with the OWNER (all of
the foregoing are hereinafter referred to as
"records"). In addition, the CONTRACTOR shall
permit interviews of employees as well as agents,
representatives, vendors, subcontractors and other
third parties paid by the CONTRACTOR to the
extent necessary to adequately permit evaluation
and verification of the following:
a) The CONTRACTOR's compliance with
contract requirements;
b) The CONTRACTOR's compliance with
the OWNER'S business ethics policies;
and
c) If necessary, the extent of the Work
performed by the CONTRACTOR at the
time of contract termination.
17.1.2 The CONTRACTOR shall require all payees
(examples of payees include subcontractors,
insurance agents, material suppliers, etc.) to comply
with the provisions of this Article 17 by securing the
requirements hereof in a written agreement between
the CONTRACTOR and payee. Such requirements
include a flow -down right of audit provision in
contracts with payees that also apply to
subcontractors and sub -subcontractors, material
suppliers, etc. The CONTRACTOR shall cooperate
fully and shall require Related Parties and all of the
CONTRACTOR's subcontractors to cooperate fully
in furnishing or in making available to the OWNER
from time to time whenever requested, in an
expeditious manner, any and all such information,
materials, and data.
17.1.3 The OWNER's authorized representative or
designee shall have reasonable access to the
CONTRACTOR's facilities, shall be allowed to
interview all current or former employees to discuss
matters pertinent to the performance of this
Agreement, and shall be provided adequate and
appropriate work space in order to conduct audits in
compliance with this Article 17.
17.1.4 If an audit inspection or examination in
accordance with this Article 17 discloses overpricing
or overcharges of any nature by the CONTRACTOR
to the OWNER in excess of one-half of one percent
(.5%) of the total contract billings, then the
reasonable actual cost of the OWNER's audit shall
be reimbursed to the OWNER by the
CONTRACTOR. Any adjustments and/or payments,
which must be made as a result of any such audit or
inspection of the CONTRACTOR's invoices and/or
records, shall be made within a reasonable amount
of time (not to exceed 90 days) from presentation of
the OWNER's findings to the CONTRACTOR.
17.1.5 The CONTRACTOR shall take reasonable
actions to prevent any actions or conditions which
could result in a conflict with the OWNER's best
interests. These obligations shall apply to the
activities of the CONTRACTOR's employees,
agents, subcontractors, etc. in their dealings and
relations with the OWNER's current and former
employees and their relatives. For example, the
CONTRACTOR's employees, agents or
subcontractors should not make or provide to be
made any employment, gifts, extravagant
entertainment, payments, loans or other
considerations to the OWNER's representatives,
employees or their relatives.
17.1.6 It is also understood and agreed by the
CONTRACTOR that any solicitation of gifts or any
other item of value by anyone representing the
OWNER is to be reported within two (2) business
00700 07/07/03 Page 32 General Conditions
working days to the OWNER at the following
telephone number: 512-218-5401. Failure to report
any such solicitations or offers shall be deemed a
material breach of contract entitling the OWNER to
pursue damages resulting from the failure to comply
with this provision.
ARTICLE 18 - MISCELLANEOUS
18.1 Venue:
In the event of any suit at law or in equity involving
the Contract, venue shall be in Williamson County,
Texas and the laws of the state of Texas shall apply
to Contract interpretation and enforcement.
18.2 Extent of Agreement:
This Contract represents the entire and integrated
agreement between the OWNER and the
CONTRACTOR and supersedes all prior
negotiations, representations or agreements, either
written or oral.
18.3 Cumulative Remedies:
The rights and remedies available to the parties are
not to be construed in any way as a limitation of any
rights and remedies available to any or all of them
which are otherwise imposed or available by laws or
regulations, by special warranty or guarantees or by
other provisions of the Contract Documents, and the
provisions of this paragraph will be as effective as if
repeated specifically in the Contract Documents in
connection with each particular duty, obligation, right
and remedy to which they apply.
18.4 Severability:
If any word, phrase, clause, sentence or provision of
the Contract, or the application of same to any
person or set of circumstances is for any reason
held to be unconstitutional, invalid or unenforceable,
that finding shall only effect such word, phrase,
clause, sentence or provision, and such finding shall
not effect the remaining portions of this Contract;
this being the intent of the parties in entering into the
Contract; and all provisions of the Contract are
declared to be severable for this purpose.
18.5 Independent Contractor
The Contract shall not be construed as creating an
employer/employee relationship, a partnership, or a
joint venture. The CONTRACTOR's services shall
be those of an independent contractor. The
CONTRACTOR agrees and understands that the
Contract does not grant any rights or privileges
established for employees of the OWNER.
18.6 Prohibition of Gratuities
The OWNER may, by Written Notice to the
CONTRACTOR, terminate the Contract without
liability if is determined by the OWNER that
gratuities were offered or given by the
CONTRACTOR or any agent or representative of
the CONTRACTOR to any officer or employee of the
OWNER with a view toward securing the Contract or
securing favorable treatment with respect to the
awarding or amending or the making of any
determinations with respect to the performing of
such Contract. In the event the Contract is
terminated by the OWNER pursuant to this
provision, the OWNER shall be entitled, in addition
to any other rights and remedies, to recover or
withhold the amount of the cost incurred by the
CONTRACTOR in providing such gratuities.
18.7 Prohibition Against Personal Interest in
Contracts
No officer, employee, independent consultant, or
elected official of the OWNER who is involved in the
development, evaluation, or decision-making
process of the performance of any solicitation shall
have a financial interest, direct or indirect, in the
Contract resulting from that solicitation. Any
violation of this provision, with the knowledge,
expressed or implied, of the CONTRACTOR shall
render the Contract voidable by the OWNER.
End of General Conditions
00700 07/07/03 Page 33 General Conditions
00720 FEDERAL LABOR STANDARDS PROVISIONS
-Federal Labor Standards Provisions
U.S. Department of Housing
and Urban Development
Applicability
The Project or Program to which the construction work covered by
this contract pertains is being assisted by the United States of America
and the following Federal Labor Standards Provisions are included in
this Contract pursuant to the provisions applicable to such Federal
assistance.
- A. 1. (i) Minimum Wages. All laborers and mechanics employed
or working upon the site of the work (or under the United States Hous-
ing Act of 1937 or under the Housing Act of 1949 in the construction
or development of the project), will be paid unconditionally and not
less often than once a week, and without subsequent deduction or re-
bate on any account (except such payroll deductions as are permitted
by regulations issued by the Secretary of Labor under the Copeland
—Act (29 CFR Part 3), the full amount of wages and bona fide fringe
benefits (or cash equivalents thereof@ due at time of payment com-
puted at rates not Less than those contained in the wage determination
of the Secretary of Labor which is attached hereto and made a part
Thereof, regardless of any contractual relationship which may be al-
leged to exist between the contractor and such laborers and mechan-
ics. Contributions made or costs reasonably anticipated for bona fide
_fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on be-
half of laborers or mechanics are considered wages paid to such la-
borers or mechanics, subject to the provisions of 29 CFR-5.5(a)(1)(iv);
also, regular contributions made or costs incurred for more than a
—weekly period (but not less often than quarterly) under plans, funds,
or programs, which cover the particular weekly period, are deemed to
be constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate
and fringe benefits on the wage determination for the classification of
work actually performed, without regard to skill, except as provided
in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in
--more than one classification may be compensated at the rate specified
for each classification for the time actually worked therein: Provided,
That the employer's payroll records accurately set forth the time spent
in each classification in which work is performed. The wage determi-
-nation (including any additional classification and wage rates con-
formed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster
(WH -1321) shall be posted at all times by the contractor and its sub-
contractors at the site of the work in a prominent and accessible, place
where it can be easily seen by the workers.
(11) (a) Any class of laborers or mechanics which is not listed in the
wage determination and which is to be employed under the contract
"shall be classified in conformance with the wage determination. HUD
shall approve an additional classification and wage rate and fringe
benefits therefore only when the following criteria have been met:
__ (1) The work to be performed by the classification requested is not
performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction in-
dustry; and
(3) The proposed wage rate, including any bona fide fringe benefits,
bears.a reasonable relationship to the wage rates contained in the wage
determination.
(b) If the contractor and the laborers and mechanics to be employed
in the classification (if known), or their representatives, and HUD or
its designee agree on the classification and wage rate (including the
_ amount designated for fringe benefits where appropriate), a report of
the action taken shall be sent by HUD or its designee to the Adminis-
trator of the Wage and Hour Division. Employment Standards Admin-
istration, U.S. Department of Labor, Washington, D.C. 20210. The
Administrator, or an authorized representative, will approve., modify,
or disapprove every additional classification action within NO days of
receipt and so advise HUD or its designee or will notify HUD or its
designee within the 30 -day period that additional time is necessary.
(Approved by the Office of Management and Budget under UMB con-
trol number 1215-0140.)
(c) In the event the contractor, the laborers or mechanics to be em-
ployed in the classification or their representatives, and HUD or its
designee do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropri-
ate), HUD or its designee shall refer the questions, including the views
of all interested parties and the recommendation of HUD or its desig-
nee, to the Administrator for determination. The Administrator, or an
authorized representative, will issue a determination within[ 30 days
of receipt and so advise HUD or its designee or will notify I{UD or its
designee within the 30 -day period that additional time is necessary.
(Approved by the Office of Management and Budget under OMB Con-
trol Number 1215-0140.)
(d) The wage rate (including fringe benefits where appropriate) de-
termined pursuant to subparagraphs (1)(b) or (c) of this paragraph,
shall be paid to all workers performing work in the classification un-
der this contract from the first day on which work is performed in the
classification.
(iii) Whenever the minimum wage rate prescribed in the contract for
a class of laborers or mechanics includes a fringe benefit which is not
expressed as an hourly rate, the contractor shall either pay the benefit
as stated in the wage determination or shall pay another bona fide
fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other
third person, the contractor may consider as part of the wages of any
laborer or mechanic the amount of any costs reasonably anticipated
in providing bona fide fringe benefits under a plan or program, Pro-
vided, That the Secretary of Labor has found, upon the written re-
quest of the contractor, that the applicable standards of the Davis -
Bacon Act have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the meeting of
obligations under the plan or program. (Approved by the Office of
Management and Budget under OMB Control Number 1215-0140.)
2. Withholding. HUD or its designee shall upon its own action or
upon written request of an authorized representative of the Depart-
ment of Labor withhold or cause to be withheld from the contractor
under this contract or any other Federal contract with the same prime
contractor, or any other Federally -assisted contract subject to Davis -
Bacon prevailing wage requirements, which is held by the same prime
contractor so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, including ap-
prentices, trainees and helpers, employed by the contractor or any
subcontractor the full amount of wages required by the contract In the
event of failure to pay any laborer or mechanic, including any appren-
tice, trainee or helper, employed or working on the site of the work
(or under the United States Housing Act of 1937 or under the Housing
Act of 1949 in the construction or development of the project), all or
part of the wages required by the contract, HUD or its designee may,
after written notice to the contractor, sponsor, applicant, or owner,
take such action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds until such violations
Previous edition is obsolete
Page 1 of 4
form HUD -4010 (2/84)
ref. Handbook 1344.1
have ceased. HUD or its designee may, after written notice to the
contractor, disburse such amounts withheld for and on account of the
contractor or subcontractor to the respective employees to whom they
are due. The Comptroller General shall make such disbursements in
the case of direct Davis-Bacon Act contracts.
3. (i) Payrolls and basic records. Payrolls and basic records relat-
e ing thereto. shall be maintained by the contractor during the course of
the work preserved for a period of three years thereafter for all labor-
ers and mechanics working at the site of the work (or under the United
States Housing Act of 1937. or under the Housing Act of 1949, in the
construction or development of the project). Such records shall con-
tain the name, address, and social security number of each such worker,
his or her correct classification, hourly rates of wages paid (including
- rates of contributions or costs anticipated for bona fide fringe ben-
efits or cash equivalents thereof of the types described in Section
1(b)(2)(B) of the Davis-bacon Act), daily and weekly number of hours
worked, deductions made and actual wages paid. Whenever the Sec-
`retary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages
of any laborer or mechanic include the amount of any costs reason-
ably anticipated in providing benefits under a plan or program de-
_scribed in Section t(b)(2)(B) of the Davis-Bacon Act, the contractor
shall maintain records which show that the commitment to provide
such benefits is enforceable, that the plan or program is financially
responsible, and that the plan or program has been communicated in
-writing to the laborers or mechanics affected, and records which show
the costs anticipated or the actual cost incurred in providing such ben-
efits. Contractors employing apprentices or trainees under approved
programs shall maintain written evidence of the registration of ap-
prenticeship programs and certification of trainee programs, the reg-
istration of the apprentices and trainees, and the ratios and wage rates
prescribed in the applicable programs. (Approved by the Office of
;Management and Budget under OM B Control Numbers 1215-0140
and 1215-0017.
(11) (a) The contractor shall submit weekly for each week in which
any contract work is performed a copy of all payrolls to HUD or its
—designee if the agency is a party to the contract, but if the agency is
not such a party, the contractor will submit the payrolls to the appli-
cant sponsor, or owner, as the case may be, for transmission to HUD
or its designee. The payrolls submitted shall set out accurately and
completely all of the information required to be maintained under 29
CFR Part 5.5(a)(3)(i). This information may be submitted in any form
desired. Optional Form WH-347 is available for this purpose and
-may be purchased from the Superintendent of Documents (Federal
Stock Number 029-005-00014-1), U.S. Government Printing Office,
Washington, DC. 20402. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors. (Approved by
--the Off ice of Management and Budget under OMB Control Number
1215-0149.)
(b) Each payroll submitted shall be accompanied by a "Statement of
-Compliance," signed by the contractor or subcontractor or his or her
agent who pays or supervises the payment of the persons employed
under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information
required to be maintained under 29 CFR Part 5.5 (a)(3)(i) and that
such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice,
—and trainee) employed on the contract during the payroll period has
been paid the full weekly wages earned, without rebate, either di-
rectly or indirectly, and that no deductions have been made either
directly or indirectly from the full wages earned, other than permis.
sible deductions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the
applicable wage rates and fringe benefits or cash equivalents for the
classification of work performed, as specified in the applicable wage
determination incorporated into the contract.
(c) The weekly submission of a properly executed certification set
forth on the reverse side of Optional Form WH -347 shall satisfy the
requirement for submission of the "Statement of Compliance" required
by paragraph A.3.(ii)(b) of this section.
(d) The falsification of any of the above certifications may subject
the contractor or subcontractor to civil or criminal prosecution under
Section 1001 of Title 18 and Section 231 of Title 31 of the United
States Code.
(iii) The contractor or subcontractor shall make the records required
under paragraph A.3.(i) of this section available for inspection, copy-
ing, or transcription by authorized representatives of HUD or its des-
ignee or the Department of Labor, and shall permit such representa-
tives to interview employees during working hours on the job. If the
contractor or subcontractor fails to submit the required records or to
make them available, HUD or its designee may, after written notice to
the contractor, sponsor, applicant or owner, take such action as may
be necessary to cause the suspension of any further payment advance,
or guarantee of funds. Furthermore, failure to submit the required
records upon request or to make such records available may be grounds
for debarment action pursuant to 29 CFR Part 5.12.
4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than
the predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide ap-
prenticeship program registered with the U.S. Department of Labor,
Employment and Training Administration, Bureau of Apprenticeship
and Training, or with a State Apprenticeship Agency recognized by
the Bureau, or if a person is employed in his or her first 90 days of
probationary employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but who
has been certified by the Bureau of Apprenticeship and Training or a
State Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice. The allowable ratio of
apprentices to journeymen on the job site in any craft classification
shall not be greater than the ratio permitted to the contractor as to the
entire work force under the registered program. Any worker listed on
a payroll at an apprentice wage rate, who is not registered or other-
wise employed as stated above, shall be paid not less than the appli-
cable wage rate on the wage determination for the classification of
work actually performed. In addition, any apprentice performing work
on the job site in excess of the ratio permitted under the registered
program shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed. Where a con-
tractor is performing construction on a project in a locality other than
that in which its program is registered. the ratios and wage rates (ex-
pressed in percentages of the joumeyman's hourly rate) specified in
the contractor's or subcontractor's registered program shall be ob-
served. Every apprentice must be paid at not less than the rate speci-
fied in the registered program for the apprentice's level of progress,
expressed as a percentage of the journeymen hourly rate specified in
the applicable wage determination. Apprentices shall be paid fringe
benefits in accordance with the provisions of the apprenticeship pro-
gram. If the apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits listed on
the wage determination for the applicable classification. If the Ad-
ministrator determines that a different practice prevails for the appli-
cable apprentice classification, fringes shall be paid in accordance
Previous edition is obsolete
Page 2 of 4 form HUD -4010 (2/84)
ret Handbook 1344.1
with that determination. In the event the Bureau of Apprenticeship
and Training, or a State Apprenticeship Agency recognized by the
Bureau, withdraws approval of an apprenticeship program, the con-
tractor will no longer be permitted to utilize apprentices at less than
the applicable predetermined rate for the work performed until an
acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not
be permitted to work at less than the predetermined rate for the work
performed unless they are employed pursuant ',to and individually
— registered in a program which has received prior approval, evidenced
by formal certification by the U.S. Department of Labor, Employ-
ment and Training Administration. The ratio of trainees to journey-
men on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Every
trainee must be paid at not less than the rate specified in the approved
program for the trainee's level of progress, expressed as a percentage
of the journeyman hourly rate specified in the applicable wage deter-
mination. Trainees shall be paid fringe benefits in accordance with
the provisions of the trainee program. If the trainee program does not
mention fringe benefits, trainees shall be paid the full amount of fringe
— benefits listed on the wage determination unless the Administrator of
the Wage and Hour Division determines that there is an apprentice-
ship program associated with the corresponding journeyman wage rate
on the wage determination which provides for less than full fringe
- benefits for apprentices. Any employee listed on the payroll at a trainee
rate who is not registered and participating in a training plan approved
by the Employment and Training Administration shall be paid not less
- than the applicable wage rate on the wage determination for the work
actually performed. In addition, any trainee performing work on the
job site in excess of the ratio permitted under the registered program
shall be paid not leu than the applicable wage rate on the wage deter-
- urination for the work actually performed. In the event the Employ-
ment and Training Administration withdraws approval of a training
program, the contractor will no longer be permitted to utilize trainees
at less than the applicable predetermined rate for the work performed
until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of appren-
tices, trainees and journeymen under this part shall be in conformity
with the equal employment opportunity requirements of Executive
Order 11246, as amended, and 29 CFR Part 30.
5. Compliance with Copeland Act requirements. The contractor
shall comply with the requirements of 29 CFR Part 3 which are incor-
porated by reference in this contract
6. Subcontracts. The contractor or subcontractor will insert in any
subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10)
and such other clauses as HUD or its designee may by appropriate
instructions require, and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The prime con-
tractor shall be responsible for the compliance by any subcontractor
or lower tier subcontractor with ail the contract clauses in 29 CFR
Part 5.5.
7. Contract termination; debarment. A breach of the contract
clauses in 29 CFR 5.5 may be grounds for termination of the contract
and for debarment as a contractor and a subcontractor as provided in
29 CFR 5.12.
8. Compliance with Davis -Bacon and Related Act Requirements. All
rulings and interpretations of the Davis -Bacon and Related Acts con-
tained in 29 CFR Parts 1, 3, and 5 are herein incorporated by refer-
ence in this contract
9. Disputes concerning labor standards. Disputes arising out of
the labor standards provisions of this contract shall not be subject to
the general disputes clause of this contract. Such disputes shall be
resolved in accordance with the procedures of the Department of La-
bor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning
of this clause include disputes between the contractor (or any of its
subcontractors) and HUD or its designee, the U.S. Department of La-
bor, or the employees or their representatives.
10. (i) Certification of Eligibility. By entering into this contract
the contractor certifies that neither it (nor he or she) nor any person or
firm who has an interest in the contractor's firm is a person or firm
ineligible to be awarded Government contracts by virtue of Section
3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded
HUD contracts or participate in HUD programs pursuant to 24 CFR
Part 24.
(ii) No part of this contract shall be subcontracted to any person or
firm ineligible for award of a Government contract by virtue of Sec-
tion 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded
HUD contracts or participate in HUD programs pursuant to 24 CFR
Part 24.
(iii) The penalty for making false statements is prescribed in the U.S.
Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code,
Section 1 01 0, Title 18, U.S.C., "Federal Housing Administration
transactions", provides in part: "Whoever, for the purpose of ... in-
fluencing in any way the action of such Administration.....: makes,
utters or publishes any statement knowing the same to be false
shall be fined not more than $5.000 or imprisoned not more than two
years, or both."
11. Complaints, Proceedings, or Testimony by Employees. No
laborer or mechanic to whom the wage, salary, or other labor stan-
dards provisions of this Contract are applicable shall be discharged or
in any other manner discriminated against by the Contractor or any
subcontractor because such employee has filed any complaint or in-
stituted or caused to be instituted any proceeding or has testified or is
about to testify in any proceeding under or relating to the labor stan-
dards applicable under this Contract to his employer.
B. Contract Work Hours and Safety Standards Act. As used in
this paragraph, the terms "laborers" and "mechanics" include watch-
men and guards.
(1) Overtime requirements. No contractor or subcontractor con-
tracting for any part of the contract work which may require or in-
volve the employment of laborers or mechanics shall require or per-
mit any such laborer or mechanic in any workweek in which he or she
is employed on such work to work in excess of eight hours in any
calendar day or in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one
and one-half times the basic rate of pay for all hours worked in excess
of eight hours in any calendar day or in excess of forty hours in such
workweek, whichever is greater.
(2) Violation; liability for unpaid wages; liquidated damages. In
the event of any violation of the clause set forth in subparagraph (1)
of this paragraph, the contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, such con-
tractor and subcontractor shall be liable to the United States (in the
case of work done under contract for the District of Columbia or a
territory, to such District or to such territory), for liquidated dam-
ages. Such liquidated damages shall be computed with respect to
each individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in subparagraph (1) of
this paragraph, in the sum of $10 for each calendar day on which such
individual was required or permitted to work in excess of eight hours
or in excess of the standard workweek of forty hours without payment
of the overtime wages required by the clause set forth in sub para-
graph (1) of this paragraph.
Previous edition is obsolete
form HUD -4010 (2/84)
Page 3 of 4 ref. Handbook 1344.1
(3) Withholding for unpaid wages and liquidated damages. HUD
or its designee shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause
to be withheld, from any moneys payable on account of work per-
formed by the contractor or subcontractor under any such contract or
any other Federal contract with the same prime contract, or any other
Federally -assisted contract subject to the Contract Work Hours and
Safety Standards Act which is held by the same prime contractor such
sums as may be determined to be necessary to satisfy any liabilities
of such contractor or subcontractor for unpaid wages and liquidated
- damages as provided in the clause set forth in subparagraph (2) of this
paragraph.
(4) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clauses set forth in subparagraph (I) through (4) of
this paragraph and also a clause requiring the subcontractors to in-
clude these clauses in any lower tier subcontracts. The prime con-
tractor shall be responsible for compliance by any subcontractor or
lower tier subcontractor with the clauses set forth in subparagraphs
(1) through (4) of this paragraph.
C. Health and Safety
(1) No laborer or mechanic shall be required to work in surroundings
or under working conditions which are unsanitary, hazardous, or dan-
gerous to his health and safety as determined under construction safety
and health standards promulgated by the Secretary of Labor by regu-
lation.
(2) The Contractor shall comply with all regulations issued by the
Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 151
8) and failure to comply may result in imposition of sanctions pursu-
ant to the Contract Work Hours and Safety Standards Act (Public Law
91-54, 83 Stat 96).
(3) The Contractor shall include the provisions of this Article in ev-
ery subcontract so that such provisions will be binding on each sub-
contractor. The Contractor shall take such action with respect to any
subcontract as the Secretary of Housing and Urban Development or
the Secretary of Labor shall direct as a means of enforcing such pro-
visions.
Previous edition Is obsolete
Page 4 of 4
form HUD -401 0 (2/84)
ref. Handbook 1344.1
00800 SUPPLEMENTAL GENERAL CONDITIONS
Citv of Round Rock Contract Forms
Supplemental General Conditions Section 00800
SUPPLEMENTAL GENERAL CONDITIONS TO
AGREEMENT FOR CONSTRUCTION SERVICES
The Supplemental General Conditions contained herein shall amend or supplement the General
Conditions, Section 00700.
ARTICLE 1 - DEFINITIONS
1.16 Engineer/Architect (E/A):
Add the following:
Name: Hall Bargainer, Inc.
Address: 400 West Main, Suite 220
City, State, Zip: Round Rock, TX 78664
Telephone: 238.8912
Facsimile:
Email:
1.27 Owner's Representative:
Add the following:
James Hemenes, R.L.A.
301 West Bagdad, Suite 250
Round Rock, TX 78664
Telephone: 512-218-5540
Facsimile: 512-218-5548
Email: jhemenesround-rock.tx.us
ARTICLE 2 - PRELIMINARY MATTERS
2.2 Copies of Documents:
Add the following:
Additional copies of the Project Manual and drawings may be obtained from
on the following basis:
Full or partial set of Drawings $ per sheet
Each set of Project Manual $ - each
00800 7-2003 Page 1 Supplemental General Conditions
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
3.1 Intent:
Delete 3.1.1 and replace with the following:
3.1.1 The intent of the Contract Documents is to include all information necessary for the
proper execution and completion of the Work by CONTRACTOR. The Contract Documents are
complementary, and what is required by one shall be as binding as if required by all. In cases
of disagreement, the following order of precedence shall govern (top item receiving priority of
interpretation):
Signed Agreement
Addenda to the Contract Documents
Special Conditions
Supplemental General Conditions
General Conditions
Other Bidding Requirements and Contract Forms
Special Provisions to the Standard Technical Specifications
Special Specifications
Standard Technical Specifications
Drawings (figured dimensions shall govern over scaled dimensions)
Project Safety Manual, if applicable
ARTICLE 5 - BONDS AND INSURANCE
5.1 Surety and Insurance Companies:
Add the following:
OWNER may require the surety to obtain reinsurance for any portion of the risk that exceeds
10% of the surety's capital and surplus. For bonds exceeding $100,000, the surety must also
hold a certificate of authority from the U.S. Secretary of the Treasury or have obtained
reinsurance from a reinsurer that is authorized as a reinsurer in Texas and holds a certificate of
authority from the U.S. Secretary of the Treasury.
5.3 Insurance:
Delete 5.3 and replace with the following:
5.3 Insurance:
5.3.1 CONTRACTOR Provided Insurance:
5.3.1.1 General Requirements:
.1 CONTRACTOR shall carry insurance in the types and amounts indicated below for the
duration of the Contract, which shall include items owned by OWNER in the care,
custody and control of CONTRACTOR prior to and during construction and warranty
period.
00800 7-2003
Page 2 Supplemental General Conditions
.2 CONTRACTOR must complete and forward the required Certificates of Insurance to
OWNER before the Contract is executed as verification of coverage required below.
CONTRACTOR shall not commence Work until the required insurance is obtained and
until such insurance has been reviewed by OWNER. Approval of insurance by OWNER
shall not relieve or decrease the liability of CONTRACTOR hereunder and shall not be
construed to be a limitation of liability on the part of CONTRACTOR. CONTRACTOR
must also complete and forward the required Certificates of Insurance to OWNER
whenever a previously identified policy period has expired as verification of continuing
coverage.
.3 CONTRACTOR'S insurance coverage is to be written by companies licensed to do
business in the State of Texas at the time the policies are issued and shall be written by
companies with A.M. Best ratings of B+VII or better, except for hazardous material
insurance which shall be written by companies with A.M. Best ratings of A- or better.
.4 All endorsements naming the OWNER as additional insured, waivers, and notices of
cancellation endorsements as well as the Certificate of Insurance shall indicate: City of
Round Rock, Parks and Recreation Department, 301 West Bagdad, Suite 250, Round
Rock, Texas 78664.
.5 The "other" insurance clause shall not apply to the OWNER where the OWNER is an
additional insured shown on any policy. It is intended that policies required in the
Contract, covering both OWNER and CONTRACTOR, shall be considered primary
coverage as applicable.
.6 If insurance policies are not written for amounts specified below, CONTRACTOR shall
carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If
Excess Liability Insurance is provided, it shall follow the form of the primary coverage.
.7 OWNER shall be entitled, upon request and without expense, to receive certified copies
of policies and 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 regulations binding
upon either of the parties hereto or the underwriter on any such policies.
.8 OWNER reserves the right to review the insurance requirements set forth during the
effective period of this Contract and to make reasonable adjustments to insurance
coverage, limits, and exclusions when deemed necessary and prudent by OWNER based
upon changes in statutory law, court decisions, the claims history of the industry or
financial condition of the insurance company as well as CONTRACTOR.
.9 CONTRACTOR shall not cause any insurance to be canceled nor permit any insurance
to lapse during the term of the Contract or as required in the Contract.
.10 CONTRACTOR shall be responsible for premiums, deductibles and self-insured
retentions, if any, stated in policies. All deductibles or self-insured retentions shall be
disclosed on the Certificate of Insurance.
.11 CONTRACTOR shall provide OWNER thirty (30) days written notice of erosion of the
aggregate limits below occurrence limits for all applicable coverages indicted within the
Contract.
00800 7-2003
Page 3 Supplemental General Conditions
.12 If OWNER -owned property is being transported or stored off-site by CONTRACTOR,
then the appropriate property policy will be endorsed for transit and storage in an amount
sufficient to protect OWNER's property.
.13 The insurance coverages required under this contract are required minimums and are not
intended to limit the responsibility or liability of CONTRACTOR.
5.3.1.2 Business Automobile Liability Insurance.
Provide coverage for all owned, non -owned and hired vehicles. The policy shall contain the
following endorsements in favor of OWNER:
a) Waiver of Subrogation endorsement TE 2046A;
b) 30 day Notice of Cancellation endorsement TE 0202A; and
c) Additional Insured endorsement TE 9901 B.
Provide coverage in the following types and amounts:
.1 A minimum combined single limit of $500,000 per occurrence for bodily injury and
property damage. Alternate acceptable limits are $250,000 bodily injury per person,
$500,000 bodily injury per occurrence and at least $100,000 property damage liability
each accident.
5.3.1.3 Workers' Compensation And Employers' Liability Insurance:
Coverage shall be consistent with statutory benefits outlined in the Texas Workers'
Compensation Act (Section 401). CONTRACTOR shall assure compliance with this Statute by
submitting two (2) copies of a standard certificate of coverage (e.g. ACCORD form) to Owner's
Representative for every person providing services on the Project as acceptable proof of
coverage. The required Certificate of Insurance must be presented as evidence of coverage for
CONTRACTOR. Workers' Compensation Insurance coverage written by the Texas Workers
Compensation Fund is acceptable to OWNER. CONTRACTOR's policy shall apply to the State
of Texas and include these endorsements in favor of OWNER:
a) Waiver of Subrogation, form WC 420304; and
b) 30 day Notice of Cancellation, form WC 420601.
The minimum policy limits for Employers' Liability Insurance coverage shall be as follows:
.1 $100,000 bodily injury per accident, $500,000 bodily injury by disease policy limit and
$100,000 bodily injury by disease each employee.
5.3.1.4 Commercial General Liability Insurance.
The Policy shall contain the following provisions:
a) Blanket contractual liability coverage for liability assumed under the Contract
and all contracts relative to this Project.
00800 7-2003 Page 4 Supplemental General Conditions
b) Completed Operations/Products Liability for the duration of the warranty period.
c) Explosion, Collapse and Underground (X, C & U) coverage.
d) Independent Contractors coverage.
e) Aggregate limits of insurance per project, endorsement CG 2503.
f) OWNER listed as an additional insured, endorsement CG 2010.
g) 30 day notice of cancellation in favor of OWNER, endorsement CG 0205.
h) Waiver of Transfer of Recovery Against Others in favor of OWNER, endorsement
CG 2404.
Provide coverages A&B with minimum limits as follows:
.1 A combined bodily injury and property damage limit of $500,000 per occurrence.
5.3.1.5 Builders' Risk Insurance.
CONTRACTOR shall maintain Builders' Risk Insurance or Installation Insurance on an all
risk physical loss form in the Contract Amount. Coverage shall continue until the Work is
accepted by OWNER. OWNER shall be a loss payee on the policy. If off site storage is
permitted, coverage shall include transit and storage in an amount sufficient to protect
property being transported or stored.
5.4 Bonds:
5.4.1 General.
.1 Bonds, when required, shall be executed on forms furnished by or acceptable to
OWNER. All bonds signed by an agent must be accompanied by a certified copy of such
agent's authority to act.
.2 If the surety on any bond furnished by CONTRACTOR is declared bankrupt or becomes
insolvent or its right to do business is terminated in the State of Texas or it ceases to
meet the requirements of the preceding paragraph, CONTRACTOR shall within ten (10)
days thereafter substitute another bond and surety, both of which must be acceptable to
OWNER.
.3 When Performance Bonds and/or Payment Bonds are required, each shall be issued in
an amount of one hundred percent (100%) of the Contract Amount as security for the
faithful performance and/or payment of all CONTRACTOR's obligations under the
Contract Documents. Performance Bonds and Payment Bonds shall be issued by a
solvent surety company authorized to do business in the State of Texas, and shall meet
any other requirements established by law or by OWNER pursuant to applicable law.
Any surety duly authorized to do business in Texas may write Performance and Payment
Bonds on a project without reinsurance to the limit of 10 percent of its capital and surplus.
Such a surety must reinsure any obligations over 10 percent.
00800 7-2003
Page 5 Supplemental General Conditions
5.4.2 Performance Bond.
.1 If the Contract Amount exceeds $100,000, CONTRACTOR shall furnish OWNER with a
Performance Bond in the form set out by OWNER.
.2 If the Contract Amount exceeds $25,000 but is less than or equal to $100,000,
CONTRACTOR shall furnish OWNER with a Performance Bond in the form set out by
OWNER, unless the original Contract Time is 60 Calendar Days/40 Working Days or
less, in which case CONTRACTOR can agree to the following terms and conditions for
payment in lieu of providing a Performance Bond: no money will be paid to
CONTRACTOR until completion and acceptance of the Work by OWNER;
CONTRACTOR shall be entitled to receive 95% of the Contract Amount following Final
Completion, and the remaining 5% of the Contract Amount following the one year
warranty period.
.3 If the Contract Amount is less than or equal to $25,000, CONTRACTOR will not be
required to furnish a Performance Bond; provided that no money will be paid to
CONTRACTOR until completion and acceptance of the Work by OWNER under the
following terms and conditions: CONTRACTOR shall be entitled to receive 95% of the
Contract Amount following Final Completion, and the remaining 5% of the Contract
Amount following the one year warranty period.
.4 If a Performance Bond is required to be furnished, it shall extend for the one year
warranty period.
5.4.3 Payment Bond.
.1 If the Contract Amount exceeds $25,000, CONTRACTOR shall furnish OWNER with a
Payment Bond in the form set out by OWNER.
.2 If the Contract Amount is Tess than or equal to $25,000, CONTRACTOR will not be
required to furnish a Payment Bond; provided that no money will be paid to
CONTRACTOR until completion and acceptance of the Work by OWNER under the
terms and conditions specified in paragraph 5.4.2.3.
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
6.6 Permits, Fees:
Add the following:
OWNER will obtain and pay for the following permits, licenses and/or fees:
.1 Site Development Permit.
.2 Building Permit(s).
.3 Texas Department of Transportation permit for work in State rights-of-way.
.4 Railroad Utility License Agreement.
00800 7-2003 Page 6 Supplemental General Conditions
6.18 Liquidated Damages
Add the following:
.1 CONTRACTOR SHALL PAY LIQUIDATED DAMAGES IN THE AMOUNT OF $250.00
PER DAY FOR EACH DAY BEYOND THE DATE ESTABLISHED THEREFOR THAT
THE CONTRACTOR FAILS TO ACHIEVE SUBSTANTIAL COMPLETION, AND FOR
WHICH OWNER IS UNABLE TO UTILIZE THE IMPROVEMENTS AND FACILITIES
DUE TO THE FAILURE OF CONTRACTOR TO HAVE ACHIEVED SUBSTANTIAL
COMPLETION IN ACCORDANCE WITH THE CONTRACT.
ARTICLE 10 — CHANGES IN THE WORK
10.3 Change Directives:
Delete paragraphs 10.3.3 and 10.3.4 and replace with the following:
10.3.3 A Change Directive shall be recorded later by preparation and execution of an
appropriate Change Order.
10.3.4 Upon receipt of a Change Directive, CONTRACTOR shall promptly proceed with
the change in the Work involved.
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION
14.1 Application for Progress Payment
Delete paragraph 14.1.4 and replace with the following:
14.1.4 Owner will not pay for materials or equipment not incorporated in the work
but delivered and suitably stored at the site or at another location. Payment
will be made by Owner only for work completed in accordance with the plans
and contract documents.
END OF SUPPLEMENTAL GENERAL CONDITIONS
00800 7-2003
Page 7 Supplemental General Conditions
00900 SPECIAL CONDITIONS
SECTION 01 -INFORMATION
01-01 COPIES OF PLANS AND SPECIFICATIONS FURNISHED
The Agreement will be prepared in not less than five (5) counterpart (original signed)
sets. The City 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 furnished, upon request, at the cost specified in the
Supplemental General Conditions.
01-02 GOVERNING CODES
All construction as provided for under these Plans and Specifications shall be
governed by any existing Resolutions, Codes and Ordinances, and any subsequent
amendments or revisions thereto as set forth by the City.
01-03 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME
The Contractor agrees that time is of the essence for this Contract and that the
definite value of damages which would result from delay would be incapable of
ascertainment and uncertain, so that for each day of delay beyond the number of days
herein agreed upon for the completion of the work herein specified and contracted
for", after due allowance for such extension of time as is provided for under the
provisions of Article 12 of the General Conditions, the City may withhold
permanently from the Contractor's total compensation, not as penalty but as
liquidated damages, the sum of $250.00 per calendar day.
01-04 LOCATION
The location of work shall be as mentioned in the Notice to Bidders and as indicated
on Plans.
01-05 USAGE OF WATER
All water used during construction shall be provided by the City and shall be
metered. The City shall specify the location from which the Contractor is to procure
water. The Contractor shall be responsible for obtaining a bulk water permit from the
City and providing all apparatus necessary for procuring, storing, transporting and
using water during construction. The Contractor shall strive to use that amount of
water which is reasonable to perform the work associated with this contract and shall
endeavor to avoid excessive waste. The Contractor will be required to pay for all
water used if it is found that unnecessary or excessive waste is occurring during
construction.
00900- 7-2003 Special Conditions
Page 1
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 utility
companies to uncover their particular utility lines or otherwise confirm their location.
Certain utility companies perform such services at their own expense, however,
where such is not the case, the Contractor will cause such work to be done at his own
expense.
02-02 UTILITY SERVICES FOR CONSTRUCTION
The Contractor will be responsible for providing his own utility services while
performing the work associated with this contract. Provision of said utility services
shall be subsidiary to the various bid items and no additional payment will be made
for this item.
02-02 WAGE RATES
00900- 7-2003
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 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, employs the worker.
2258.023. Prevailing Wage Rates to be Paid by Contractor and Subcontractor;
Penalty
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Special Conditions
a. The contractor who is awarded a contract by a public body, or a
Subcontractor of the Contractor, shall pay not less than the rates determined
under Section 2258.022 to a worker employed by it in the execution of the
contract.
b. A Contractor or Subcontractor who violates this section shall pay to the state
or a political subdivision of the state on whose behalf the contract is made,
$60 for each worker employed for each calendar day or part of the day that
the worker is paid less than the wage rates stipulated in the contract. A public
body awarding a contract shall specify this penalty in the contract.
c. A contractor or subcontractor does not violate this section if a public body
awarding a contract does not determine the prevailing wage rates, and specify
the rates in the contract as provided by Section 2258.022.
d. The public body shall use any money collected under this section to offset the
costs incurred in the administration of this chapter.
e. A municipality is entitled to collect a penalty under this section only if the
municipality has a population of more than 10,000.
2258.051. Duty of Public Body to Hear Complaints and Withhold Payment
A public body awarding a contract, and an agent or officer of the public body, shall:
1. take cognizance of complaints of all violations of this chapter committed in
the execution of the contract; and
2. withhold money forfeited or required to be withheld under this Chapter from
the payments to the Contractor under the contract, except that the public body
may not withhold money from other than the final payment without
determination by the public body that there is good cause to believe that the
Contractor has violated this chapter.
Applicable wage rates are shown in Section 04 WAGE RATES of these
SPECIAL CONDITIONS.
02-04 LIMIT OF FINANCIAL RESOURCES
The City has a limited amount of financial resources committed to this Project;
therefore, it shall be understood by all bidders that the City may be required to change
and/or delete any items which it 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 City reserves the right
to omit any work from this contract. Unit prices for all items previously approved in
this contract shall be used to delete or add work per change order.
02-05 CONSTRUCTION REVIEW
00900- 7-2003
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Special Conditions
The City shall provide a project representative to review the quality of materials and
workmanship.
02-06 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 City, 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.
02-07 LAND FOR WORK
Owner provides, as indicated on Drawings, land upon which work is to done, right-
of-way for access to same and such other lands that are designated for the use of the
Contractor. Contractor provides, at his expense and without liability of Owner, any
additional land and access thereto that may be required for his construction
operations, temporary construction facilities, or for storage of materials.
02-08 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES
Whenever existing utilities, not indicated on Plans, present obstructions to grade and
alignment of proposed improvements immediately notify engineer, who without
delay, will determine if existing utilities are to be relocated, or grade and alignment
of proposed improvements changed. Where necessary to move existing utilities and
appurtenances as determined by the Engineer, the Engineer and Contractor will make
relocation arrangements with the utility owner. The Owner will not be liable for delay
costs or damages due to relocations of utilities which hinder progress of the work.
02-09 CONSTRUCTION STAKING
All construction staking required to complete the work associated with this contract
shall be provided by the Contractor. The Contractor shall be responsible for
determining the layout and extent of staking necessary to construct the improvements
to the lines and grades shown in the Plans and such staking shall be satisfactory to the
Engineer. The Contractor shall consult with the Engineer and Owners representative
in the field for assistance as necessary. Sufficient staking materials and equipment
shall be provided by the Contractor including but not limited to: paint, flagging,
laths, hubs, blue tops, nails, hammers, measuring chains or tapes, transits and levels.
The Contractor shall be responsible for setting and marking control and
00900- 7-2003
Page 4
Special Conditions
off -set points for measuring distances and angles, for shooting levels, and for any
other items pertaining to construction staking. This item shall not be paid for
separately and shall be considered subsidiary to other bid items.
SECTION 03 -ACCESS AND TRAFFIC CONTROL
Access shall be provided for the public and emergency vehicles at all possible times.
When it becomes necessary to restrict access, the Contractor shall notify the Owner
and coordinate with the Owner, all applicable agencies (i.e. Fire Department, E.M.S.,
Public Works, etc.), residents, and affected parties. If emergency access is required
during the work and such access is being hindered by the work, the Contractor will
suspend the work if necessary, and otherwise endeavor to assist emergency personnel
in accessing a location restricted by the work. Unless otherwise directed by the
Engineer, 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
the bid item, Traffic Control, and no additional compensation shall be given for
complying with this Special Condition.
00900- 7-2003 Special Conditions
Page 5
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GENERAL DECISION: TX20030043 TX43
Date: June 13, 2003
General Decision Number: TX20030043
Superseded General Decision No. TX020043
State: TEXAS
Construction Type:
HEAVY
HIGHWAY
County(ies):
BELL
BEXAR
BRAZOS
COMAL
CORYELL
GUADALUPE
HAYS
MCLENNAN
TRAVIS
WILLIAMSON
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 Publication Date
0 06/13/2003
COUNTY(ies):
BELL
BEXAR
BRAZOS
COMAL
CORYELL
GUADALUPE
HAYS
MCLENNAN
SUTX2042A 03/26/1998
AIR TOOL OPERATOR
ASPHALT HEATER OPERATOR
ASPHALT RAKER
ASPHALT SHOVELER
BATCHING PLANT WEIGHER
CARPENTER
CONCRETE FINISHER -PAVING
CONCRETE FINISHER -STRUCTURES
CONCRETE RUBBER
ELECTRICIAN
FLAGGER
FORM BUILDER -STRUCTURES
FORM LINER -PAVING & CURB
FORM SETTER -PAVING & CURB
FORM SETTER -STRUCTURES
LABORER -COMMON
LABORER -UTILITY
MECHANIC
OILER
SERVICER
PAINTER -STRUCTURES
PIPE LAYER
ASPHALT DISTRIBUTOR OPERATOR
TRAVIS
WILLIAMSON
Rates
8.08
11.00
8.00
7.97
11.00
10.80
9.57
8.83
8.52
16.25
6.86
8.77
8.00
8.68
8.73
7.12
7.99
12.15
11.40
8.44
10.00
8.27
9.70
Fringes
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ASPHALT PAVING MACHINE 9.26
BROOM OR SWEEPER OPERATOR 7.12
BULLDOZER 9.28
CONCRETE CURING MACHINE 7.79
CONCRETE FINISHING MACHINE 11.00
CONCRETE PAVING SAW 9.79
SLIPFORM MACHINE OPERATOR 11.15
CRANE, CLAMSHELL, BACKHOE,
DERRICK, DRAGLINE, SHOVEL 10.12
FOUNDATION DRILL OPERATOR
TRUCK MOUNTED 15.00
FRONT END LOADER 8.86
HOIST - DOUBLE DRUM & LESS 10.81
MIXER 7.12
MIXER - CONCRETE PAVING 11.00
MOTOR GRADER FINE GRADE 12.37
MOTOR GRADER 11.14
PAVEMENT MARKING MACHINE 8.31
PLANER OPERATOR 15.75
ROLLER, STEEL WHEEL PLANT -MIX
PAVEMENTS 7.73
ROLLER, STEEL WHEEL OTHER
FLATWHEEL OR TAMPING 7.33
ROLLER, PNEUMATIC, SELF PROPELLED 7.17
SCRAPERS 8.38
TRACTOR -CRAWLER TYPE 9.40
TRAVELING MIXER 7.92
TRENCHING MACHINE, HEAVY 9.92
WAGON-DRILL/BORING MACHINE 8.00
REINFORCING STEEL SETTER PAVING 14.50
REINFORCING STEEL SETTER
STRUCTURES 10.61
STEEL WORKER -STRUCTURAL 11.73
SPREADER BOX OPERATOR 8.55
WORK ZONE BARRICADE 8.29
SIGN INSTALLER 7.97
TRUCK DRIVER -SINGLE AXLE LIGHT 8.32
TRUCK DRIVER -SINGLE AXLE HEAVY 7.954
TRUCK DRIVER -TANDEM AXLE SEMI-
TRAILER 8.02
TRUCK DRIVER-LOWBOY/FLOAT 10.12
WELDER 11.02
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29 CFR 5.5(a)(1)(ii)).
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.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
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WAIN Document Retrieval
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a
position on a wage determination matter
* a conformance (additional classification and rate)
ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis -Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the Branch
of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage payment
data, project description, area practice material, etc.) that the
requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative Review
Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
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01000 TECHNICAL SPECIFICATIONS
PART I — TECHNICAL SPECIFICATIONS
ITEM 1 GENERAL DESCRIPTION
1.01 SCOPE OF WORK
The work covered by these Specifications consists of furnishing all labor, equipment,
appliances, materials and performing all operations in connection with the inspection
and testing, complete in accordance with the Plans, and subject to the terms and
conditions of the Contract Documents.
1.02 GOVERNING TECHNICAL SPECIFICATIONS
NOTE: The item number designation shown in parentheses adjacent to captions
herein is a reference to City of Austin Standard Specifications.
STREET, WATER, SEWER AND DRAINAGE IMPROVEMENTS
The current City of Austin Standard Specifications as adopted and amended by the
City of Round Rock and the current City of Austin Erosion and Sedimentation
Control Manual are hereby referred to and included in this contract as fully and to the
same extent as if copied at length herein and they shall be applied to this project
except as modified in these Specifications and on the Plans.
Wherever the term "City of Austin" is used in the Austin Specifications, it shall be
construed to mean the City of Round Rock.
Wherever the term "Engineer" is used in the Austin Specifications, it shall be
construed to mean the City of Round Rock.
ITEM 2 CONTROL OF WORK
2.01 CLEAN-UP
2.01.1 CONSTRUCTION SITE
During construction the Contractor shall keep the site free and clean from all rubbish
and debris and shall clean-up the site promptly when notified to do so by the
Engineer.
01000- 7-2003
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
Technical Specifications
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.
2.01.2 BACKWORK
The Contractor shall coordinate his operations in such a manner as to prevent the
amount of clean-up and completion of back works from becoming excessive. Should
such a condition exist, the Engineer may order all or portions of the work to cease
and refuse to allow any work to commence until the back work is done to the
Engineer's satisfaction.
2.02 GRADING
The Contractor shall do such grading in and adjacent to the construction area
associated with this contract as may be necessary to leave such areas in a neat and
satisfactory condition approved by the Engineer.
ITEM 3 EXAMINATION AND REVIEW
3.01 EXAMINATION OF WORK
The work covered under this Contract shall be examined and reviewed by the
Engineer, representatives of all governmental entities which have jurisdiction, and
the City'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 City must be notified a minimum of 24 -hours in advance of
beginning construction, testing, or requiring presence of the Engineer, project
representative, or City's representative.
3.03 CONSTRUCTION STAKING
The Engineer shall furnish the Contractor reference points and benchmarks that, in
the Engineer's opinion, provide sufficient information for the Contractor to perform
construction staking.
01000- 7-2003
Technical Specifications
3.04 PROTECTION OF STAKES, MARKS, ETC.
All engineering and surveyor's stakes, marks, property corners, etc., shall be carefully
preserved by the Contractor, and in case of destruction or removal during the course
of this project, such stakes, marks, property comers, etc., shall be replaced by the
Contractor at the Contractor's sole expense.
ITEM 4 PROTECTION AND PRECAUTION
4.01 WORK IN FREEZING WEATHER
Portions of the work may continue as directed by the Engineer.
4.02 PROTECTION OF TREES, PLANTS AND SHRUBS
The Contractor shall take necessary precautions to preserve all existing trees, plants
and shrubs but where it is justifiable and necessary the Contractor may remove trees
and plants for construction right-of-way but only with approval of the Engineer.
4.03 TRAFFIC CONTROL MEASURES AND BARRICADES
Traffic control measures and barricades shall be installed in accordance with the
Texas Manual of Uniform Traffic Control Devices and in other locations deemed
necessary by the Engineer, for the protection life and property. Under no
circumstances will any existing road be permitted to remain closed over a weekend.
No separate pay will be made for this item. Costs for this item shall be subsidiary to
other items of work.
4.04 PROPERTY LINES AND MONUMENTS
The Contractor shall be responsible for the protection, reference and resetting of
property comer monuments if disturbed.
4.05 DISPOSAL OF SURPLUS MATERIAL
The Contractor shall at his own expense, make arrangement for the disposal of
surplus material, such as rock, trees, brush and other unwanted backfill materials.
01000-7-2003
Technical Specifications
4.06 CONTRACTOR'S USE OF PREMISES
The Contractor shall, at his own expense, provide additional space as necessary for
his operations and storage of materials.
ITEM 5 MATERIALS
5.01 TRADE NAMES
Except as specified otherwise, wherever in the specifications an article or class of
material is designated by a trade name or by the name or catalog number of any
maker, patentee, manufacturer, or dealer, such designations shall be taken as
intending to mean and specify the articles described or another equal thereto in
quality, finish, and serviceability for the purpose intended, as may be determined and
judged by the Engineer in his sole discretion.
5.02 MATERIALS AND WORKMANSHIP
No material which has been used by the Contractor for any temporary purpose
whatever is to be incorporated in the permanent structure without the written consent
of the Engineer. Where materials or equipment are specified by a trade or brand
name, it is not the intention of the City to discriminate against an equal product of
another manufacturer, but rather to set a definite standard of quality for performance,
and to establish an equal basis for the evaluation of bids. Where the words
"equivalent", "proper" or "equal to" are used, they shall be understood to mean that
the item referred to shall be "proper", the "equivalent" of, or "equal to" some other
item, in the opinion or judgment of the Engineer. Unless otherwise specified, all
materials shall be the best of their respective kinds and shall be in all cases fully
equal to approved samples. Notwithstanding that the words "or equal to" or other
such expressions may be used in the specifications in connection with a material,
manufactured article or process, the material, article or process specifically
designated shall be used, unless a substitute is approved in writing by the Engineer,
and the Engineer will have the right to require the use of such specifically designated
material, article or process.
01000- 7-2003 Technical Specifications