ST8804-CN 891121 PARKS OF COPPELL
CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
FILL ON TRACT 7
HEARTZ ROAD
PREPARED FOR
ABQ DEVELOPMENT CORPORATION
P.O. BOX 25625
ALBUQUERQUE, NEW MEXICO 87125
OCTOBER, 1989
ENGINEERS:
Jerry Parch~ Consulting Engineers
Metro 1817) 467-2418 · (817) 465-0259
KNOW ALL MEN BY THESE PRESENTS, Thatwe, Rebcon, Inc. , 11181 Harry Hines,
Suite 139, Dallas, TX 75229 (hereinafter called the "Principal") as Principal, and the
Fidelity and Deposit Company ,of the City of Dallas acorporatiouduly
organized nnder the laws of the State of Ha ryi an find duly licensed to transact business in the State of T exa s
(hereinafter called the "Surety"), as Surety are held and firmly bound
unto City of Coppell, Texas
Ten Thousand, Plight Hundred
(hereinafter called the ,Obligee,), in the sum of Thirty-Seven and 41/100 ($ 10,837.41 )
for the payment of' whicl! are well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
Signed and sealed this ....7..t..h. ....... day of .... .O..c..t..o..b...e..r. ................. 19 9 1
THE CONDITION OF TillS OBLIGATION is such, that
Allen Property Corporation
WI IEREAS, the said Principal has heretofore entered into a contract with said ~9151tgk~dated Sep t emb e r 2 1,
19 9__0_,for Heartz Road Box Culvert Improvements, Coppell, TX
WI IEREAS, the obligee has requested that said work be guaranteed against failure because of defective workmanship or
material, performed or furnished by said principal for a period of One years from date of completion and accept-
ance, normal wear and tear excepted.
NOW THEREFORE, if the said Principal shall indemnify and save harmless the obligee against loss or dmnage occasioned
directly by the failure of said materials or workmanship, then this obligation to be void, otherwise to remaiu in full force and
effect. It is understood, however, that this bond shall not include loss or damage by failure of workmanship or materials due
to hurricane, cyclone, tornado, earthquake, volcanic eruption or any similar disturbance of nature, nor military, naval or
nsurped power, insurrection, riot or civil commotion, nor any act of God.
It is further understood and agreed that the total liability of the surety under this bond shall in no event exceed the
sumo[ Ten Thousand, Eight Hundred Thirty-Seven and 41/100 ($10,837.41) Dollars.
No right of action shall accrue upon or by reason of this obligation, to or for the use or benefit of any person, firm or
corporation, other than the obligee herein named.
Rebcon, Inc. ~ Fidelity and Deposit Company
Pri~l //~ Surety
E 1 n o r a C r u t h i s Attorney-in-Fact
POWER OF ATTORNEY
KNO~X .-~1,1, .~[I-:N B~ TilESE PIIESENTS: That the FII)EI,I'I'¥ AND DI,',POSIT COMPANY I}F MARYLAND, and the FIDELITY AND
D~:POSIT COMI'~.N'¥. corporations of the State of Maryland, by C. M. PECOT, AR. , Vice-President,
and C. W. ROBBINS . Assistant Secretary., in pursuance of aulhority granted by Article VI, Section 2 of
the respectixe By-Laws of said Companies. which are set forth on the reverse side hereof and are hereby certified to be in
h,II force and effect on the date hereof, do hereby nominate, constitute and appointDerrel] C. Dodson, Sam 5.
Nul~is, Ar., Fred C. Wald, .Ir., W. H. Bate[nan, IV and Elnora Cruthis, all of
Daltas, Texas, EACH .............................. ,,,,- ...................
the true and lawiul agent and Attornev-m-l~'act of each. to make, e~/~te, seal andqi~i~er, for, and on its behalf as surety,
and as its act and deed: any and ;11 bo. rids and.undec~. "~]-nss. ~--------~PT bon. ds on behalf of
officers of the respective Companies at their offices i~ore, M~.~-~ eir own proper persons. This power o f
attorney revokes that issued on be~.'l'~ of De~q~X~l C. Dodson, etal, dated,
IN WITNESS WHEREOF, the said Vice-Presi_d~'~d Assista~etaries have hereunto subscribed their names and affixed
the Corporate Seals of the said FIDELITY ANI~'ICOS1T CO~I~.N'"~OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY
--. 25th
ATTEST:
By
........... Assistant Secretary
STATE OF MARYLAND '
CITY OF BALTIMORE ~ SS:
On this 25th dayof February
for the Citv o! Baltimore, duly commissioned and qualified, came the above-named Vice-Presidents and Assistant Secretaries of the FIDELI-
TY AND ~)EPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY, to me personally known to be the
individuals and officers described herein and who executed the preceding instrument, 'and they each acknowledged the execution of the same.
and being by me duly sworn, severally and each for hlmseff deposeth and saith, that they are the said officers of the Companies Moresaid.
and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and
their signatures as such officers were duly a~flxed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of Baltimore the day and year
first above written. ~ ~~~:~~~~1]-'~- '-' -~'-'~.~
~ My commission expires Au~~cJ-~-
CERTIFICATE
I, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND
DEPOSIT COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy. is in
full force and effect on the date o! this certificate; and I do further certify that the Vice-Presidents who executed the said Power of Anorney
were Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI. Section 2
,J the respective By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT
COMPANY.
This certificate may be signed by facsimile under and by authority of resolutions of the Board ol Directors o! the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 and of the Board of Directors
of the FIDELITY AND DEPOSIT COMPANY at a meeting duly called and held on the 2nd day of November. 1c178.
RESOLVED: "That the fat~imile or mechanically reproduced signature of any Assistant Secretary of the Company. whether made heretofore
.r hereafter, whenever appearing upon a certified copy of any power of attorney issued by the Company. shall be valid and binding upon
the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies. this
__._7_.t___h .... day of .... __0___c__~__o_t2_e__r_ ............... 1~____9._.1
168-0184
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"_Article VI, Section 2. The Chairman of the Board, or the [)resident, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Commmittee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint l~esident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize
any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies,
contracts, agreements, deeds, and re[eases and assignments o[ judgements, decrees, mortgages and instruments in the nature
of mortgages .... and to affix the seal of the Company thereto."
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint l~esldent
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize
any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies,
contracts, agreements, deeds, and re]eases and assignments of judgements, decrees, mortgages and instruments in the nature
of mortgages .... and to affix the seal of the Company thereto."
, The Ohio Casualty Insurance Company
NOrth Th'rd Sir. I, H&milloh, Ohio 4~)~
BOND # 2 744 125
Maintenance Bond
Know All Men By These Presents, That we,
C W YOUNG CONSTRUCTION, INC,
as Principal, and THE OHIO CASUALTY INSURANCE COMPANY, a corporation organized
under the laws of the State of Ohio, with principal offices at Hamilton, Ohio, as Surety, are held
and firmly bound unto
CITY OF COPPELL
(hereinafter called the Obligee), in the penal sum of .........................................................................
.......... .T.H.I R.T.Y... N.! NE.. t H.OU 5 AND.. S. ~ X.. HUNDR.E D.. AND.. E.! GH!Y....ONE.. D.OL L AR..5.. A..N.D...;~-¢,/! OP .... .3..9.., 6.8..1..~ .2..5.. )
Dollars, for the payment of which, well and truly to be made, we do hereby bind ourselves, our
heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
DATED this .............. Pth .......... day of ...... fiu.§.u~ ......................... 19..9.! ....
WHEREAS, the said Principal has heretofore entered into a contract with the Obligee
above named for
WATER SANITARY SEWER STORM DRAINAGE
HEARTZ ROAD
and,
WHEILEAS, the work called for under said contract has now been completed and accepted
by said Obligee;
NOW, THEtLEFOILE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if
ONE AS PER ACCEPTED BY THE CiTY
said Principal shall, for a period of ............................. years from and after the ........................... day of
................................ 19 ....... , indemnify the Obligee against any loss or damage directly arising by
reason of any defect in the material or workmanship which may be discovered within the period
aforesaid, then this obligation shall be void; otherwise to be and remain in full force and
virtue in law.
PROVIDED, HOWEVER, that in the event of any default on the part of said Principal,
written statement of the particular facts showing such default and the date thereof shall be delivered
to the Surety by registered mail, at its Home Office in the City of Hamilton, Ohio, promptly and
in any event within ten (10) days after the Obligee or his representative shall learn of such default;
and that no claim, suit, or action by reason of any default of the Principal shah be brought here-
under after the expiration of thirty days from the end of the maintenance period as herein set forth.
C U YOUNG CONS!R,~.~T,~ION INet
J:I E--Ot410/ AS i!N NI 'E, COMPANY
· i Z.
Fo,.,n S- ! 17 TRAL=~ DAV IS ATTORNEY-IN-FACT
CERTIFIED COPY OF POWER OF ATTORNEY
TI-rE, OHIO CASUALTY INSURANCE COMPANY
HOME OmCE, HAMILTON, omo
., No. 26-061
of authority granted by Article VI, Section 7 of the By-Laws of said Company, does hereby nominate, constitute and appoint:
Jerry Jordan or Ruthie Smith or Traci Davis - of Arlington, Texas
its true and lawful agent and attorney -in-fact to make, execute, seal and deliver for and on its behalf as surety, and as
its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance
ONE MILLION - ($ 1,000 000.00 - )Dollars,
excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon '
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company,
as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly
elected officers of the Company at its office in Hamilton, Ohio, in their own proper persons.
The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact.
Q In WITNESS WHEREOF,
the undersigned officer of the said The Ohio Casualty
Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the
said The Ohio Casualty Insurance Company this 8th day of November 19 89°
.............. .............
Assistant Secretary
STATE OF OHIO, SS.
COUNTY OF BUTLER
On this 8th day of November A.D. 19 89 before
the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came
John B. Vail, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY, to me personally known to be the
individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution
of the same, and being by me duly sworn deposeth and saith, that he is the officer of the Company aforesaid, and
that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his
signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official
at the City of Hamilton, State of Ohio, tl¥,m~ and year first above written.
!. .......
'41~~ My Commission expires ......... DeLe~er....25,__L~l .......
This power of attorney is granted under and by authority of Article VI, Section 7 of the By-Laws of the Company, adopted by
its directors on April 2, 1954, extracts from which read:
"ARTICLE VI"
"Section 7. Appointment of Attorney-in-Fact, etc. The chairman of the board, the president, any vice-president, the
secretary or any assistant secretary shall be and is hereby vested with full power and authority to appoint attorneys-in-fact
for the purpose of signing the name of the Company as surety to, and to execute, attach the corporate seal, acknowledge
and deliver any and all bonds, recognizances, stipulatiohs, undertakings or other instruments of suretyship and policies of
insurance to be given in favor of any individual, firm, corporation, or the official representative thereof, or to any county
or state, or any official board or boards of county or state, or the United States of America, or to any other political sub-
division."
This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the
Company on May 27, 1970:
"RESOLVED that the signature of any officer of the Company authorized by Article VI Section 7 of the by-laws to appoint
attorneys in fact, the signature of the Secretary or any Assistant Secretary certifi;,ing to the correctness of any copy of a
power of attorney and the seal of the Company may be affixed by. facsimile to any Power of attorney or copy thereof issued
on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal,
to be valid and binding upon the Company with the same force and effect as though manually affixed."
CERTIFICATE
I,, the undersign.ed. A~ist_ant. Secretary of The Ohio Casualty Insurance Company, do hereby certify that the foregoing power
ot attorney, txrt,cle Vl Section 7 of the by-laws of the Company and the above Resolution of its Board of Directors are true
and correct copies and are in full force and effect on this date.
IN wrrNESS WHEREOF, I have hereunto set my hand and the seal of the Company this ~/~y of
A.D.,
q/
19
. _8-4300-G 488 l$1d Assistant Secretory
-' GLENN THURMAN,
P.O. Box 850842
MESQUITE, TEXAS 75185-0842
(214) 286.6333 ~,,~,~o,
o On er e.ar e overv,
~ Shop drawinss 0 Prints
~ Copy of letter O Change order
COPIES DATE NO. DESCRIPTION
THESE ARE TRANSMITTED as checked below:
[] For approval [] Approved as submitted [] Resubmit copies for approval
I~'For your use [] Approved as noted [] Submit copies for distribution
[] As requested [] Returned for corrections [] Return__corrected prints
[] For review and comment []
[] FOR BIDS DUE 19__ [] PRINTS RETURNED AFTER LOAN TO US
REMARKS
COPY TO.
SIGNED:(~j,~,~~', ~~~~-
PRO~TZ4m2 ~1~, ~, M 0]47[ If e~losures a~ not as noted, kindly not~at once. ~ EC/~F
Dodson-Bateman
~ 8350 Meadow J~d * Suite 181 · Da|las, Texas 75231
& Company. 214-309-9~
,Propeny&L~abd~y ST. PAUL MERCURY INSURANCE COMPANY
insurance
St. Paul, Minnesota
ST. PAUL GUARDIAN INSURANCE COMPANY
St. Paul, Minnesota
Capital Stock Companies
MAINTENANCE BOND
Bond No. ~
KNOW ALL MEN BY THESE PRESENTS, Thatwe, Glenn Thurman, Inc., P. 0. Box 850842,
Iff e s q u ± t e, T e x a s 75185 - 08/42 (hereinafter called the "Principal") as Principal, and the
Paul F-ire and Marine Insurance Company , of the City of St. Paul, Minnesota, a corporation duly
organized under the laws of the State of Minnesota, and duly licensed to transact business in the State of TEXAS
(hereinafter called the "Surety"), as Surety are held and firmly bound
unto C±ty of Coppell, Texas
Twenty-Two Thousand, One Hundred
(hereinafter called the "Obligee"), in the sum of Ninety-Seven and No/100 ($ 22,197.00 )
for the payment of which are well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
Signed and sealed this .... .2..6..t.h .... day of ....... .J..u..n...e. .................... 19 ...9..1....
THE CONDITION OF THIS OBLIGATION is such, that
Univest Development Company
WHEREAS, the said Principal has heretofore entered into a contract with said~Ob'~il~-~ dated S e p t e mb e r 17 ,
19 9 1 , for Heart~ Road
WHEREAS, the obligee has requested that said work be guaranteed against failure because of defective workmanship or
material, performed or furnished by said principal for a period of o n e years from date of completion and accept-
ance, normal wear and tear excepted.
NOW THEREFORE, if the said Principal shall indemnify and save harmless the obligee against loss or damage occasioned
directly by the failure of said materials or workmanship, then this obligation to be void, otherwise to remain in full force and
effect. It is understood, however, that this bond shall not include loss or damage by failure of workmanship or materials due
to hurricane, cyclone, tornado, earthquake, volcanic eruption or any similar disturbance of nature, nor military, naval or
usurped power, insurrection, riot or civil commotion, nor any act of God.
ye t ce he
It is further understood and agreed that the total liability of the surety under this bond shall in (n~o2e~ ,r~9~. ~d0 t
sumofTwenty-Two Thousand, One Hundred N±nety-Seven and No/100 Dollars.
No right of action shall accrue upon or by reason of this obligation, to or for the use or benefit of any person, firm or
corporation, other than the obligee herein named.
Glenn Thurman, Inc. St. Paul Fire and Marine InsUrance Company
Principal Surety
B ,~~----~-~_~--_~,Tm 8 Rev. ~P{'int in u.S.a. ~9-4~ By: ,~2P~~
4.88/r/ed E 1 n o r a C r u t h i s Attorney-in-Fact
1
GENERAL POWER OF ATTORNEY - CERTIFIED COPY
(Original on File at Home Office of Company. See Certification.)
KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, a corporation organized and existing under the laws of the
State of Minnesota, having its principal office in the City of St. Paul, Minnesota, does hereby constitute and appoint:
Derrell C. Dodson, W. H. Bateman, IV, Fred C. Wald, Jr.,
Scqm J. Mullis, Jr., Elnora Cruthis, individually, Dallas, Texas
its true and law ful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or
otherwise,
NOT TO EXC~'D IN PENALTY ~HE SUM OF T~ENTY FIVE MILLION ($25,000,000) EACH
and the execution of all such instrument(s) in pursuance of these presents, shall be as binding upon said St. Paul Fire and Marine Insurance Compauy, as fully
and amply, to all intents and purposes, as if the same had been duty executed and acknowledged by its regularly elected officers at its principal office.
This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article V,-Section 6(C), of the By-Laws
adopted by the Shareholders of ST. PAUL FIRE AND MARINE INSURANCE COMPANY at a meeting called and held on the 28th day of April, 1978, of
which the following is a true transcript of said Section 6(C):
"The P;le}sid~not _of an.y??e Preside. nt,oAssista.nt Vice ~Presiden. t, Secretary or Service Center General Manager shallhave power and authority
% ) u appolm Attorneys-m-tact, an~l to authorize tl~em to execute on behalf of the Company, and attach the ~eal of the Company thereto,
bonds and undertakings, recogrdzanccs, contracts of indemnity and other writings obligatory in the nature thereof, and
(2) To appoint special Attorneys-in-fact, who are~ hereby authorized to certify to copies of any power~of-attorneY issued in pursuance of this
section and/or any of the By-Laws O[the Compan3¢ and:
(3) To remove, at any time, any such Attornt.-y.io.fact or Sl~¢ial Atto~'neyqn-fact and revoke the authority given him."
Further, this Power of Attorney ts signed and sealed by facsimile pursuam to reSolBtion of the 15oard of Directors of saki COmpany adogted at a meeting duly
called and held on the 5th day of May, 1959, Of which the folio,wing is atrue excerpt; "~* ::
~ompany ann any SUCh power so executec~ ann cert:tied by .facsimile Signatures and facsimile seal shall be ~al{~ and binding upon the Company in the
future with respect to any bond or undertaking to which it is attached."
.,,~*'~'~.gli ~.'%, IN TESTI MO. NY. W.H?RE.OF, St. Paul Fire and Marine Insurl~e~ Cml}any has caused this instrument to be signed and ks
~,~,bx, - ~ ~*~' corporate seal to oe a~Hxed oy its authorized officer, this 30th.day Of No~ember, A.D. 1990.
$0'?r',~,~ GO~ STATE OF MINNESOTA}
~a*nuaa~,~ County of Dakota DAVID -' ' 'ent
On this nSow'w~'ln and be,~
person~ly k ndaYb°~f e'' I]~ ..~r~. _ _,19 .~ 97 ,be. foreme,came, the !ndividual who executed the prec!e~,in&hlstrument, tome
: , · g y m amy sworu, saia that me/she is tl~e there!m described' ann authorized officer of
Company; that the s~al affixed to said instrument is the Corporate.Scsi'of sam Conlpa!w; ~m the said Corporate Seal and his/her sig~ature:6ten~' duly affixed by
order of the Board of Directors of said Company.
MAR M~
CERTIFICATION
1, the ,u~d, er.s!gned, o.fficer of S.t. Paul Fire and Marine Insurance Company, do hereby certify that I have con
an~l aHmawt, anal the copy ot the Section of the By-Laws of said Company as set forth in said Power
HOME OFHCE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole c Power of
Attorney has not been revoked and is now in full force and effect.
~:,~ 26 th dayof,.. June , m. 91
Only a certified copy of Power of Attorney bearing the Certificate of Authority No. printed in red on thc trpper
copies or other reproductions of this document are in~alld and not binding upon the Company
ANY INSTRUMENT iSSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE iS TOTALLY VOID A~
295B0 H~v. 1 ~ -$0 Printed in U.$.A.
8350 Me, w Road Suite 181 · Dallas, Texas 752
& Company 214-369-9600
.Properly&L,ab, hly ST. pAUL MER'~-U-RYi~i~-~j~fi~E ~:O~P~lq~
insurance
St. Paul, Minnesota
ST. PAUL GUARDIAN INSURANCE COMPANY
St. Paul, Minnesota
Capital Stock Companies
MAINTENANCE BOND
Bond No. 400JB6755
KNOW ALL MEN BY THESE PRESENTS, Thatwe, Glenn Thurman, Inc., P. O. Box 8508/42,
M e s q u i t e, TX 7 5 1 8 5 - 0 8 4 2 (hereinafter called the "Principal") as Principal, and the
st. Paul Fire and Marine Insurance Company , of the City of St. Paul, Minnesota, a corporation duly
organized under the laws of the State of Minnesota, and duly licensed to transact business in the State of ? E XA $
(hereinafter called the "Surety"), as Surety are held and firmly bound
unto City of Coppell, Texas
Thirty Thousand, Nine Hundred
(hereinafter called the "Obligee'), in the sum of Three and 56/100 .......... ($ 30,903.56 )
for the payment of which, are well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
Signed and sealed this 2 6 th day of J un e 9 1
THE CONDITION OF THIS OBLIGATION is such, that
Univest Development Company
WHEREAS, the said Principal has heretofore entered into a contract with said:tJb'l~e~ dated ,.S ep t emb e r 1 7
19 91 ,for Park Place Addition
WHEREAS, the obligee has requested that said work be guaranteed against failure because of defective workmanship or
material, performed or furnished by said principal for a period of o n e years from date of completion and accept-
ance, normal wear and tear excepted.
NOW THEREFORE, if the said Principal shall indemnify and save harmless the obligee against loss or damage occasioned
directly by the failure of said materials or workmanship, then this obligation to be void, otherwise to remain in full force and
effect. It is understood, however, that this bond shall not include loss or damage by failure of workmanship or materials due
to hurricane, cyclone, tornado, earthquake, volcanic eruption or any similar disturbance of nature, nor military, naval or
usurped power, insurrection, riot or civil commotion, nor any act of God.
It is further understood and agreed that the total liability of the surety under this bond shall in no event exceed the
sumofThirty Thousand, Nine Hundred Three and 56/100 ($30,903.56) Dollars.
No right of action shall accrue upon or by reason of this obligation, to or for the use or benefit of any person, firm or
corporation, other than the obligee herein named.
Glenn Thurman, Inc. St. Paul Fire and Marine Insurance Company
Principal Surety
17818-~e~. ~88 Led in U.S.A, ~/' -r l~l~no ~:a C rutl~s-'Attorney-in-Fact
GENERAL POWER OF ATTORNEY - CERTIFIED COPY
(Original on File at Home Office of Company. See Certification.)
KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine lusurance Compauy, a corporation organized and existing under the laws of the
State of Minnesota. having its principal office in the City of St. Paul, Minnesota, does hereby constitute and appo~t:
Derrell C. Dodson, W. H. Bateman, IV, Fred C. Wald, Jr.,
Sam J. Mullis, Jr., Elnora Cruthis, individually, Dallas, · Texas
tis true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, requh,¢d oF permitted by law, statute, rule, regulation, contract or
otherwise,
NOT TO EXC~D IN PENALTY THE SLIM OF IWENTY FIVE MILLION ($25,000,000) EACH
and the execution of all such instrument(s) in pursuance of these presents, shall be as binding upon said St. Paul Fire ansi Marine lasuraace Compaay, as fully
and amply, to all intents and purposes, as if the same had been duly executed and ax:know}edged by its regularly elected officers, at i~sprincipa/office.
This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article V,-Section 6(C), of the By-Laws.
adopted by the Shareholders of fiT. PAUL FIRE AND MARINE INSURANCE COMIYUNY at a meeting called and held on the 28th day of April. 1978. of
which the following is a true transcript of said Section
"The President or any Vice President, Assistant Vice President, Se~tretary oF Service Center General Marl/er shatl, ha~epower and authority (1) To appoim Attorneys4n-faet~ and to authorize thei~ to eg¢¢ut¢,o lx all of the Company, an&atta~,h the ~al o~Lhe Company thereto
bonds and undertakings, recogrfizances, colttracl~s of indemDi~ 'a~ i 0 ter ~x~tidngs 0bli~atory in, the,nalurg .~II~of~ and
(2) To appoint st~eciai At;torneys4n;faet, Who are heee~;au'thdttzed ~ tiff to :co~ies of any po~wd!/of-att~ey iMf/ed in parsuar~ce of this
(3) To remot%,at any time, rely suchAttoVney.im;faet 0~,$~iai,At{b a~, iffa~i afid?ev0k~:he ~{h~:ili4~,Jfi~;i: ' * , ·
F u.r t h,e r, t ~s ,P.o w e r..of .A.tto. t ney~ ~. s)gn~d .a? ,d,,$3al.e~i. ~ ~by fa,~!m 0~ ptm~ua~ ,t, t ~ ~i~0~,tj~
Now therefore the s~gnatures of sach off,c=s and the seal of,~ CO~iii~t
~ereto by fac?mi/e, and any such powe.r qf attprne, y..o.r ~rtioficaie,~,e~.M]C,,sti¢l~ ~ ii!~:$}g~t~,oi~f~C~i~.~i!&l~ib~fi'a~ bifiding.uOon the
~.ompany ana any such power so execute(l and certifies.Dy tacsimue'stl~at~ite ~n '~i~ ~eal Shah'b6~att6 ai~d;~ii~,'a'~ffthe;com6any in the
future with respect to any hold or undertaking to which it is attaehe~j, '.
.~.**~x~l?'~%~t IN TESTIMQNY. W.H~R,E.OF, St. P. nul Fi~., a_n,d'Ma, t4~
~,.ya~'"'~"-~-..-z.*-o.'~-'3 .c~ corporate seat to ~ attixea oy its amnorizea 0fficer. tl~is
'"z~*,,~W~s~q~']' . CoUnty Of Dakota f ss. ':':- idem
On this
idividual ~dao ~
~d his/her Sigr
ovdm ~ ,. , ) · . ,:::
IN TE: al Seal,.at Cae city of St. Paul M'mnesota, ~he day
CERTIFICATION
1, the underaigned Officer of St. Paul I
and affi0avit, and the cc
DOME OFFICE OF SAID COMPANY,
Attorney has not been revOkedand is now in full 1
t;o~.~..,~) IN TESTIMONY WHEREOF. 1 have hereunto set my hand this
~-~ 2 6 th June 9i: ' '
Only a certified copy of Power of Attorney bearing the ~¢ttiftcme ~
cones or other reptoductk/ns of this docufiient are in~ait0-and not ~
ANY INSTRUMENT &SSUED IN E)[CESS OF THE PENALTY AMOUNTST.4~ED S 51'oTALL¥ VOll) .
29550 Rev. 11-90 Printed in U.S.A.
Security National Insurance Co.
umu. n,¢s
Trinity Universal lnsuranceCo.
of Kansas, Inc.
Dallas, Texas 75201
MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS, That we, Lightning Construction Company, Inc.
as Principal and the Security National Insurance Company
of Dallas, Texas, as Surety, are hereby held and firmly bound unto the City of Coppel 1, Texas
in the penal sum of Four Hundred Ninety and no/100 ....................................
($490.00)
Dollars, for the payment of which well and truly to be made, we hereby jointly and severally bind ourselves,
our heirs, executors, succes sots, administrators, and as signs by these presents
SIGNED THIS 16thday of July ,19 84
WHEREAS, Lightning Construction Company, Inc.
entered into a written contract with the City of Coppel 1, Texas - Emergency Sewer Line
repair on Hertz Rd., Coppell, Texas
on the 1 3i~hy of July , 19 84 . Which contract and the plans and specifications therein
mentioned are hereby expressly made a part hereof as though the same were written and embodied herein;
WHEREAS, under the plans, specifications and contract, it is provided that the contractor will keep in good
repair the work therein contracted to be done and performed for a period of one year beginning the 1 6th
day of July , 19 84 , and ending the 16th day of July , 1985it being
understood that the purpose of this section is to covet ont¥ defective conditions arising by reason of defective
materiais, ~tork, or labor performed by the sald contractor;
NOW THEREFORE, If the said contractor shall keep and perform its said agreement to maintain said work and
keep the same in repair for the said maintenance period of one year, as provided, then these presents shall
be null and void, and have no further effect, but if default shall be made by the said contractor in the perfor-
mance of its contract to so maintain and repair said work, then these presents shall have full force and
effect, and th said City of C0ppell, Texas
shall have and recover from the said contractor and its Surety damages in the premises, as provided for in
said plans, specifications and contract.
PROVIDED, However, there shall be no liability on the Surety for any damage resulting from fire, acts of God,
accidents, or careless or malicious handling.
WITNESS OUR SIGNATURES THIS 16thday of July , 19 84
~NG CO,N3, UCI~ION COMgglq~:, INC.
_.~ 4..'co ~ '.. o~
--".':o:. ........
--~:SEAL..,-- (< ' - / '~. - ~ -
%?; .... .x~ [:"-, ~
'--, ..~.. m %'::'~-.~'"35,~' "- Nq~ional Insurance Company
Attorney-in-Fact
s-:34so paul G. Cflarco'
ThcTrinity
£ompanic
Dallas, Texas 75201
LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That TRINITY UNIVERSAL INSURANCE COL"IPANY and SECURITY NA]IONA.L iNSURANCE COMPANY,
each a Texas Corporation and TRINITY UNIVERSAL iNSURANCE COMPANY OF KANSAS, INC., a
Kansas Corporation do hereby appoint
PAUL G. ~RCO or EDITH MORRIS - DALLAS, TE~S
its true and lawful Attorney(s)-in-Fact, with full a~:thority TO execute on its behalf fidelity and surety bonds
or undertakings and other documents of a similar chrzrac~er issued in the course of its busines% and to
bind the respective company thereby.
EXCEPT NO AUTHORITY IS GRANTED FOR: 1. Open Penalty bonds.
2. Bonds where Attorney(s)-in-Fact ~prosr as a party ut interest.
IN WITNESS WHEREOF, T~INITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL IN-
SURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., have each
executed and attested these presents
1 7th JANUARY ~ 8 5
this day ~____/ , 19 .
AUTHORITY FOR POWER OF ATTORNEY [
That TRINITY UNIVERSAL INSURANCE COMPANY and SECIJ~ITY NATIONAL INSURANCE COMPANY,
each a Texas Corporation and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., a Kansas
~orporation, in pursuance o{ authority ]ranter] by that certain resolution adopted by their respective ~ard of
Directors on the ]st day af March, 1976 and of which the following is a true, Full, and complete copy:
"RESOLVED, Tlnat the Presiden% any Vice-Presideat, or uny Secretary of each o{ these Companies be and
they are hereby authorized and empow~r~ te rnnL. e, exen~.te, and de]iver in behalf of these Companies
unto such person or persons residing ~itbim the LJt~ited States of Americ% as they may seJect~ its Power
o{ Attorney constituting and appointin9 each suc~ person its x~ttorney-in-Fact, with Foil power and author-
ity to mak% execute and deiiver, For it, in its n:me and in its behalf, as surety, any particular bond or
undertaking that may be required in the specified territory, uno]er such limitations and restriction% both
as to nature oF such bonds or andertaking and as to limits a[ linbility to be undertaken by these Companie%
as said ~ficers may deem proper, the nature af suc; bonds or undertakings and ~he limits oF liability to
which such Powers o~ Attorney may be restricted, ta be in each instance specified in such Power of
Attorney.
RESOLVED, That any and all Attorneys-in-Fact and Officers o~ the Companies, including Assistant Secre-
taries, whether or not the Secretary is absent, be and are hereby authorized and ernpowered to certify or
verify copies of the By-Laws of these Cornpanies as we~ as any resolution o~ tke Directors, having to do
with the execution o[ bonds, recognizances, contracts of imdemnity~ and all other writings obligatory in the
nature thereoF, or with reqard to the powers of any of the officers of these Companies or oF Attorneys-in-
Fact.
RESOLVED~ That the signature of any ef the persons described in the foregoing resolution may be fac-
simile signatures as fixed or reprodu~ by any Form of typin~b printing~ stamping or other reproduction of
the names of the persons hereinabave aufl orized."
CERTIFICATION OF POWER ATTORNEY
I, Judi~ ~. ~agan, Corp. Secreta~ of TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL
INSURANCE COMPANY amd TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC. ~o hereby
certJJy that the ~oregoing ~e~o~utiom o~ the Boards of ~irectors o~ these Corporat)ons, and the Power
Attorney ~ssued pursuant thereto, are true an~ correct an~ are still in full Jorce an~ eJJecf.
JN WITNESS WHEREOF, [ have hereunto set my hand and affixed the {acsimi~e sea] o{ each Corporation
this 16~h day of ~ul~ 19 84 .
............. ....
~[_, ¥~ ~: '.~ ~
~: ~o~ '
,~:SEAL~
.5;'1 ..... : ..... y
onstruction
Utility Contractors
August 21, 1984
Mr. Steve Gorm
City of Coppell
P. O. Box 478 Re: Sewer Rehabilitation
Coppell, Texas Coppell, Texas
QUANTITY DESCRIPTION UNIT TOTAL
Dig ouC & Relay Approx. 300 LF
of Exist. Sewer Line ~
Jet out Existing Sewer Line.
Haul Dirt in for Spreading Correct
Watershed
TOTAL AMOUNT DUE $4,900.00
ks
214/~2~7 · ~O.B~I~ · lllONo~hHighw~yl~ ® ~t,il~,Tex~ 75159
Coppell, Texas 75019
~ The City With A Beautiful Future 214- 462-0022
RON RAGLAND
City Manager
March 13, 1985
Mr. Jerry C. Daniels, Vice President
Lightning Construction Co., Inc.
P.O. Box 176
Seagoville, Texas 75159
Dear Mr. Daniels:
I have referred your request for payment to Steve Goram.
He has informed me that he did not authorize payment as
requested because the work was not inspected prior to being
covered up. He also informed me that he had conveyed this
concern to you and that he wanted to wait at least six (6)
months before determining how best to dispose of this matter,
so he could monitor the situation and make sure there was
not immediate problems.
I have directed him to get a recommendation from our City
Engineer as to how best to bring this matter to a close.
You should be hearing from Mr. Goram soon.
Sincerely,
City Manager /~ :' ~/~:/ .
CC: Steve Goram
Wayne Ginn, City Engineer
RR/asm
ISSUE DATE (MMIDD/YY)
11-16-89
PRODUCEH
THIS CERTIFICAIE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFER9
JIM I,INDSEY INSURANCE AGENCY, I NC NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES HOT AMEND,
· EXIEND OR ALTER THE COVERAOE AFFORDED BY THE POLICIES BELOW,
P. O. Box 5085
Abllene, TX 79608 COMPANIES AFFORDING COVERAGE
COMPANY
LETTER A Illinois National Ins.
C~PANY
INSURED LE~ER B First State Ins.
~EIE BROTHERS, INC. co~pxNv ~ Granite State 1ns.
' LE~ER
16475 Dallas Parkway, Suite 350
Dallas, TX 75248 COMPANY D
LE~ER
COMPANY
LE~ER E
L ii iii ii
Tills 19 TO CERTIFY THAT POLICIE~ OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INRURED NAMED ABOVE FOR IH~ POLICY PERIOD INDICAYEO~
NOTWITHSTANDING ANY REQUIREMENT, 1EAU O~ CON.LION OF ANY CONIRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TIllS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE 1ERM~. EXCLU~ION9, AND CONDI.
~ION$ OF SUCH POLICIES,
lyre OF INSURANCE POLICY NUMDER 0Ale IMM~) DAI[ {M~DD,~Y) ALL LIMIT9 IN THOU9AND$
OE.ERkL LIABILITY ................
COMMERCIAL GEN[R~ LIABILITY PRODUCTS C~PIUPS AOOREOAIE I m 000
-- c~.~.~ ~]~e~ TCL9925858 6-30-89 6-30-90
............ MEDICAL EXPENSf (ANY oNr PERSON)
,,,,,,,o
ALL OWNED AUTOS
~ SCH[OUL[b AUT~ 8~9925857 ~-30-89 &-30-90
GAUGE ll~lLl~
~ $
EXCE~S LIABILI~ Y
US0001283 6-30-89 6-30-90
OTHER THAN UMBRELLA fO~
wO~Kt~s' cO~fNsat~ON ~c 774 [ 280 6-30-89 6-30-90 $ 500
~ 500 II,SE*SE.P~Y lira,t)
EMPLOYER~' LIABILITY ......................
OTHER
DESCRIPTIONOFOPERATIONSlLOCAT~NSIVEHICLESlRESTRICTIONglSPECIALITEMS
Fill In Tract 7, Subgrade prep tn Heartz Road.
Additional Insured{ ABQ Development
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
Jerry Parche' Engineers PIRATIQN DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
320 Westway Place, Suite 501. MAIL 10 DAYS WRITTEN NOTICE TO THE CER11FICATE HOLDER NAMED TO THE
Arlington, Texas 76018 LEFT, BUT FAILURE TO MAIL SUCH NOTICE $HALL IMPOEE NO OBLIGATION OR
· LIABILITY OF ANY KIND UPON THE COMPANY, IT6 AOEN?S OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
PARKS OF COPPELL
CONTRACT DOCUMENTS
AND
SPECIFICATIONS
FOR
FILL IN TRACT 7
COPPELL, TEXAS
Owner
ABQDEVELOPMENT CORPORATION
P O Box 25625
Albuquerque, New Mexico 87125
_ Prepared by
JERRY PARCHE' CONSULTING ENGINEERS
October 1989
FILL IN TRACT 7
PARKS OF COPPELL
COPPELL, TEXAS
TABLE OF CONTENTS
PART 1: GENERAL REQUIREMENTS
DESCRIPTION
SECTION A: NOTICE TO BIDDERS
SECTION B: SPECIAL INSTRUCTIONS TO BIDDERS
SECTION C: PROPOSAL
SECTION D: BONDS
SECTION E: STANDARD GENERAL CONDITIONS OF
THE CONSTRUCTION CONTRACT
SECTION F: SPECIAL CONDITIONS
SECTION G: STANDARD FORM OF AGREEMENT
PART 2: TECHNICAL SPECIFICATIONS (See Contract for Subgrade
Preparation in Heartz Road)
-- APPENDIX: GEOTECHNICAL REPORTS (See Contract for Subgrade
Preparation in Heartz Road)
PART 1
_ GENERAL REQUIREMENTS
SECTION A
NOTICE TO BIDDERS
Sealed proposal addressed to ABQ DEVELOPMENT CORPORATION for
construction of FILL IN TRACT 7, Parks of Coppell, Coppell,
Texas, in accordance with plans, specifications, and contract
documents prepared by Jerry Parche' Consulting Engineers will be
-- received at the offices of Jerry Parche' Consulting Engineers,
320 Westway Place, Suite 501, Arlington, Texas 76018 until 2:00
p.m. o'clock, November 9, 1989.
A cashier's check, or acceptable Bidder's Bond, made payable to
ABQ Development Corporation in an amount not less than five
percent (54) of the largest possible total for the bid submitted
must accompany each bid as a guarantee that, if awarded the
contract, the Bidder will promptly enter into a contract and
execute such bonds as are required.
Prospective bidders shall make a careful examination of the
entire site of the project and shall make such explorations as
_ may be necessary to determine the sub-soil and/or water
conditions to be encountered; improvements and obstructions which
may be encountered and especially those to be protected; on-site
and off-site borrow site required; disposal sites for surplus
- materials not designated to be salvaged; maintenance of the
entire project as well as any section thereof; protection of all
existing structures both above and below ground; whether burning
will be permitted; and how the plans fit the proposed project and
especially if any discrepancies exist.
The Owner reserves the right to hold all bids for sixty (60) days
from date of receipt without action, to reject any or all bids.
and to waive any or all irregularities. The Owner may require
statements or evidence of bidders qualifications including
financial statements. Award of the Contract will be made on the
basis most advantageous to the Owner, as determined by the Owner.
The Owner will notify the successful bidder within sixty (60)
days after the date of receiving bids of the acceptance of his
proposal. The Contractor shall complete the execution of all
required bonds and Contract within five (5) days of such notice.
A-1 of 2
SECTION A (Continued)
NOTICE TO BIDDERS
Plans and Specifications may be examined without charge in the
office of the Engineer. Plans and Contract Documents may be
procured from the Engineer, JERRY PARCHE' CONSULTING ENGINEERS,
320 Westway Place, Suite 501, Arlington, Texas; upon paying a
non-refundable twenty-five dollars ($25.00) per set.
- CONCURRENT CONTRACT: Bidders are hereby notified that work
under this contract will be performed in conjunction with and
concurrent with work specified under a separate contract entitled
Sub~rade Preparation in Heartz Road. It is the Owner's intent
that both of these contracts be performed by the same contractor
within the time specified in Section lC - Proposal of the
Contract Documents and Specifications for Sub~rade Preparation in
Heartz Road.
PROPOSAL FORM: Bidders shall use the Proposal forms incl'uded
- in the documents. Proposal forms are to be left attached to
documents in the same manner as received by Bidders.
Supplemental data to be furnished shall be included in same
sealed envelope with Proposal.
DELIVERY OF PROPOSAL It shall be the Bidder's responsibility
for the delivery of his Proposal at the proper place by the time
stated herein. The mere fact that a Proposal was dispatched will
not be considered. Each Proposal shall be in a sealed envelope,
plainly marked with the name or description of the project as
shown on the front cover of the Contract Documents.
END OF SECTION
A-2 of 2
SECTION B
-- SPECIAL INSTRUCTIONS
1. GENERAL: The provisions of this Section of the
Specifications shall govern in the event of any conflict
between them and the Standard General Conditions of the
Construction Contract.
- 2. ENGINEER: The word "ENGINEER" in these Specifications shall
be understood as referring to Jerry Parche' Consulting
Engineers, Engineers of the Owner, or such other Engineer,
Supervisor, or Inspector as may be authorized by the Owner
to act in any particular position.
3. EXAMINATION OF SITE AND DOCUMENTS
A. These drawings and specifications are presented to the
Contractor with the understanding that he is expert and
competent in the preparation of contract bid prices on
the basis of information such as is contained in these
documents, which do not include assurance as to their
complete accuracy and validity in all details, and
which may depend upon interpretation by Owner's
representatives and other authorities for proper
execution during the course of construction.
B. Soil borings made for this project have been utilized
for the design of this project and are contained in the
Contract Documents and Specifications for Subgrade
Preparation in Heartz Road. Any further investigation
of subsurface conditions will be performed by and at
the expense of the Contractor.
C. Prior to submitting a bid, the Contractor shall take
cognizance of his responsibilities as outlined above,
and shall notify the party, contracting for the work,
if any conditions exist which make it impossible for
him to stand behind his unqualified bid as a firm
commitment, covering all work intended and implied.
Unless the Contractor provides proper notification to
the contrary, it will be considered that he has found
acceptable the conditions under which he has had
adequate time to prepare his bid and to furnish any
qualifications to same he deems necessary. It will
also be assumed that he has had adequate access to the
job site and building area in which the work is to be
performed, that he has satisfied himself as to the
nature and location of the work, including any
obstructions, amount of work, actual levels, the
equipment and facilities needed preliminary to and
during the prosecution of the work and all other
matters which can in any way affect the work or the
cost thereof under this contract.
B-lof5
SECTION B (Continued)
SPECIAL INSTRUCTIONS TO BIDDER
4. AMBIGUITY: In case of ambiguity or lack of clearness in
stating prices in the Proposal, the Owner reserves the right
to adopt the most advantageous construction thereof to the
owner or to reject the Proposal.
5. SPECIAL SPECIFICATIONS: Any reference in these
- Specifications to the Texas Highway Department
Specifications refers to the Standard Specifications for
Construction of Highways, Streets and Bridges of the State
- Department of Highways and Public Transportation, adopted on
September 1, 1982.
Technical Specifications contained in Contract Documents for
Sub~rade Preparation in Heartz Road are specifically
incorporated by reference in these Contract Documents. Ail
provisions contained in Technical Specifications for
Subgrade Preparation in Heartz Road are also requirements of
the work to be performed under this Contract for Fill in
Tract 7.
6. OBSTRUCTIONS: Relocation of utility poles, street signs,
underground utilities, and similar items will be performed
by others, except where otherwise indicated.
7. SEQUENCE OF WORK: The Contractor shall arrange the
sequence of work in cooperation with (and to the approval
of) the Engineer.
The work under this contract will be performed in
conjunction with Sub~rade Preparation in Heartz Road, which
is a separate contract for preparing the subgrade in Heartz
Road between Sandy Lake Road and Parkway Boulevard. It is
the Owners intent that both of these contracts are performed
at the same time by the same contractor. Therefore,
construction time to complete both contracts is concurrent.
The contractor should organize his operations in order that
he may complete the work described in both contracts within
the Contract Time specified in Section lC - Proposal,
Contract Documents and Specifications for Sub,fade
Preparation in Heartz Road and in accordance with timing of
construction operations explained in the following
paragraph.
B-2 of 5
SECTION B (Continued)
SPECIAL INSTRUCTIONS TO BIDDER
The Contractor shall proceed with Fill in Tract 7 upon
receiving a Notice to Proceed. Prior to completion of fills
in Tract 7, no material should be removed from the Borrow
Site to prepare the Heartz Road subgrade. Upon completion
of excavation of 34,500 c.y. in the Borrow Site and
- placement and compaction of this material in Tract 7 under
this contract, the contractor should cease excavating in the
Borrow Site and promptly notify the Engineer. Work under
_ this contract will terminate upon approval from the Engineer
that 34,500 c.y. of material has been removed from the
borrow site and placed in Tract 7 in accordance with plans
and specifications.
8. PAYMENTS: Monthly payments shall be made in accordance
with the Standard General Conditions of the Construction
_ Contract as adopted by the Engineers' Joint Contract
Documents Committee, as included in these specifications.
For interim payments, the contractor shall furnish an
invoice to the Engineer by the twenty-fifth of the month for
review and payment by the fifteenth of the follOwing month,
if approved. Ten Percent (10%) will be retained on interim
- payments.
Upon certification of completion by the Engineer, the
Contractor shall submit an invoice for 90% of the contract
amount to the Engineer who shall approve said invoice and
forward said approval to the Owner for Payment.
On the twentieth day of the month following a thirty-day
(30-) period from the date of city acceptance, Owner shall
pay to Contractor the 10 percent retainage provided
Contractor and Engineer have supplied Owner the invoice
approved by the Engineer and Contractor has furnished a
Release of Lien Waiver as required by ABQ Development
Corporation.
9. PERMIT FEES: The Contractor shall be responsible for the
payment of and obtaining of any and all permits and fees as
required by the City.
10. TIME OF COMPLETION: Time is of the essence of this
contract, it being important that this improvement be
completed quickly.
B-3 of 5
SBCTION B (Continued)
SPECIAL INSTRUCTIONS TO BIDDER
The Contractor's attention is invited to the fact that this
is a calendar-day contract ( a calendar day is defined in
the General Conditions of these specifications). Normal
rainfall and climatic conditions which might reasonably be
expected to occur during the period in which the contract is
in force will not be grounds for any contract time
extension. Any claims for extension must be submitted
within seven (7) days of the initiation of a delay and shall
- be submitted in writing to the Engineer, with a copy to
Owner.
The Contract Time is specified in Section lC - Proposal.
- The contract time is concurrent with Contract Time for work
to be performed under a separate contract for Subgrade
Preparation in Heartz Road.
11. ADDENDA: Bidders desiring further information, or
interpretation of the Plans and Specifications must make
_ request for such information to the Engineer prior to forty-
eight (48) hours before the bid opening. Answers to all
such requests will be given in writing to all bidders in
addendum form, and all addenda will be bound with and made a
- part of the Contract Documents. No other explanation or
interpretation will be considered official or binding.
Should a bidder find discrepancies in, or omissions from the
plans, Specifications or Contract Documents, or should he be
in doubt as to their meaning, he shall at once notify the
..... Engineer in order that a written addendum may be sent to all
bidders. Any addenda issued prior to twenty-four (24) hours
of the opening of bids will be mailed or delivered to each
Contractor contemplating the submission of a proposal on
this work. The proposal as submitted by the Contractor will
be so constructed as to include any addenda if such are
issued by the Engineer prior to twenty-four (24) hours of
the opening of bids.
-" B-4 of 5
SECTION B (Continued)
SPECIAL INSTRUCTIONS TO BIDDER
12. LUMP SUM CONTRACT: It is understood that this contract is a
lump sum contract. The quantities of work to be done and
- the materials to be furnished therefore are the
responsibility of the Contractor; it will be his
responsibility to conduct a material takeoff for
- verification of quantities.
It is further agreed that the quantities of work to be done
and materials to be furnished on a lump sum basis may be
increased or diminished as may be considered necessary, in
the opinion of the Engineer, to complete the work fully as
planned and contemplated, and that no adjustment shall be
made for an increase or decrease in work or materials unless
the changes were caused by an adjustment in the scope of
work. If the scope of Work or materials changes, any
- increase or decrease in work or materials shall be performed
at the unit prices set forth in the proposal, except as
provided for in the specifications.
It is further agreed that by entering into this contract,
the Contractor has accepted the quantities as presented in
the proposal. The quantities presented represent the volume
- of material to be excavated from the borrow area.
- END OF SECTION
B-5 of 5
SECTION C - PROPOSAL
FOR
- FILL IN TRACT 7
PARKS OF COPPELL
COPPELL, TEXAS
TO: ABQ Development Corporation
P O Box 25625
Albuquerque, NM 87125
(Name of Contractor)
(Address)
Gentlemen:
Pursuant to the Notice to Bidders, the undersigned bidder hereby
proposes to do all the work and furnish all necessary labor,
equipment, tools, and materials, and to complete all the work upon
which he has bid, as provided by the attached specifications; and
as shown on the plans and binds himself on acceptance of his
proposal, to execute a contract and bonds according to the
accompanying forms for completing the said work within the time
stated, and for the prices set out herein.
C-1 of 3
SECTION C (Continued)
PROPOSAL - FILL IN TRACT 7
ITEM QUANTITY UNIT TOTAL
NO. AND UNIT DESCRIPTION & PRICE IN WORDS PRICE PRICE
1 34 500 c.y. Excavation; includes stripping $
- topsoil and vegetation
in fill area, excavation from
borrow site, placement of
_ compacted fill, and respreading
topsoil on the constructed fill,
complete in place for the sum of
- ~"~ t~ DOLLARS
- per Cubic Yard
TOTAL CONTRACT AMOUNT
C-2 of 3
SECTION C (Continued)
PROPOSAL - FILL IN TRACT 7
Within five (5) calendar days after acceptance of this Proposal, the
undersigned will execute the formal contract and will deliver an
-- approved Surety Bond and such other bonds as required by the Contract
Documents, for the faithful performance of the Contract. The attached
bid security in the amount of 5% of the Bid is to become the property of
- the Owner, in the event the Contract and bond or bonds are not executed
and delivered within the time above set forth, as liquidated damages for
the delay and additional work caused thereby.
The undersigned bidder certifies that he has read and thoroughly
understands all the requirements and conditions of these specific
Contract Documents and Plans. The undersigned further declares that he
will provide all necessary tools and apparatus, do all the work and
furnish all the material and do everything required to carry out the
above mentioned work covered by this proposal in strict accordance with
the Contract Documents pertaining thereto for the sum of sums above set
forth.
The bidder agrees to begin construction when directed by the Engineer
after award of the Contract and to complete the total Contract within
the following schedule:
within the same time period for performance of all work under the
contract Subgrade Preparation in Heartz Road.
Receipt is acknowledged of the following Addenda:
Addendum No. 1
Addendum No. 2
Addendum No. 3
Respectfully submitted,
_ Corporation By
an individual
Submitted by ~ ~,~ ~_~.3~%{~0 .~ . a partnership
cor
Doing business as
C-3of 3
SECTION D
- BONDS
~I'ATE OF TEXAS
COUNTY OF
KNOW ALL MEN BY TIIESE I'RESENTS: That
. of the City of
County of , and State of , as
principal, and
authorized under the laws of the State of Texas to act as m3rety on bonds for principals, are held
·nd firmly bound unto ........ (Owner),
in the pen,! mm of Dollars ($ ,)
rot the payment whereof, the said ~incipal and Surety bind themselves, lad their heirs,
administrators, executors, successors and i~i~ns, jointly and severally, by thes~ presents:
WltEREA~, the Principal has entered into a certain written contract with the Owner.
dated the day of .19~. to
which contract is hereby referred to lad made a p,~t hereof is fully and to the r~me extent
is if copied at len~h herein.
blOW, THEREFORE, TilE CONDITION OF THIS OBLIGATION IS SUClt, that if the
said Principal shall faithfully perform said Contract and shall in all teapots duly and faithfully
ob~rve and perform all and zinEulat the 'covenants, conditions and a~'~ments in and by szid
contract aLe. ed and covenanted by the Princip&l to be observed and performed, and aeeordinK to
the true intent and meaninK of snld Contract and the Plans and Specifications hereto annexed.
then this oblilation shall be void; otherwise to remain in full force and efleet;
"PROVIDED. HOWEVER. that this bond is executed pursuant to the provisions of (Article
5160 for Public Work) (.._A~.ticle 5472d for Private Work)* of the Revised Civil Statutes o! Texas as
amended and all liabilities on this bond shall be determined in accordance with the provisions of
~aid Article to the same extent as if it were copied at leneth herein."
Surety, for value received, stipulates and a~rees that no chance, extension of time, alteralion
or addition to the terms of the contract, or to the work performed thereunder, or the plans, speci-
fications, o~ drawings accompanyinE the same, shall in anyway affect its obligation on this
*Not applicable for federal work. See *The Miller Act," 40 U.S.C. S270.
I'13-1
bond, nad It does hereby waive notice of any such chanle, t~xt~nsion el time, nlterntlon or addition
to the t~rms of the contract, or to the work to be performed thereunder.
IN WITNE~,S WHEREOF, the said Principsd and Surety have sirn~ and sea]ed this instru.
meat this . .day of. ,19
Title Title
Address. Add.ss
The rmrne and address of the Resident Afent of Surety Jo:
PAYMENT ~OND
STATE OF TEXAS
COUNTY OF
KNOW ALL MEN BY THESE PRESENTS: That
,,f the City of .
- County of . and Stat~ of : ~s
principal, an4 ...
authorized under the laws of the State of Texts to act ·s lurety on bonds for prin~pals, ·re held
- ·nd firmly bound unto. (Owner).
in the penal sum of Dollars ($ )
-. for the payment whereof, the said Principal and Surety bind themselves and their heirs, adminis-
trators, executors, successors and nssirns. Jointly and severally, by these presents:
WHEREAS. the Principal bs~ entered into · certain written contract with the Owner,
dated the __day of , lO : to
which contract is hereby referred to and nude t part hereof ns fully and to the same extent
J! espied at Jentth herein.
NOW. THEREFORE, TI~E CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Principal shah pay all claimants supplyin~ labor and material to {dm or · subcontractor
in the prosecution of the work provided for in said contract, then, this obligation shall be void;
otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that thi~ bond h executed pursuant to the provislon~ of Article f~t$O o!
the Revt~ed Civil Statutes of Texn~ as amended and all liabilities on thi~ bond shall be determined in
accordance with the ptovi~ion~ of said Article to the same extent as if it were eopled at lentth hersin.
Surety, for value received, stipulates and agrees that tM ehtn~e. ~ztension of time, alteration
or addition to the te~ms o! the contract, or to the work performed thereunder, or the phns,
specifications or drawin~ neeompunyitt~ th~. trims, shah in anywise affect its obligation o~ this
'- to the terms of the eontrnct, or to the york to be performed thereunder.
._ IN WITNF, SS WHEREOF, .the said l*rincipal and Suret7 have signed and sealed this instru-
ment this .... day o! ., 19 -.
_.____ 8u,~7
_ Prtmdpml
.fltje Tltie .... ' "'" · ....
Address
Address_
The name and address of the Resident Agent of Surety is:
SECTION E
_ STANDARD GENERAl. CONDITIONS OF THE CONSTRUCTION CONTRACT
This docmnent has imporlnnl legal consequences: consullation with nn nllotney is encouraged wilh
respect !o its compIclion or nmdillcalion.
STANDARD
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
Prepared by
Engineers Joint Cont,'acl Documents Committee
and
Issued and Published Jointly By
PROFESSIONAl. ENGINEERS IN I'RIVATE PRACTICE
A practice di~,i,~i.v~ a. fthe
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN CONSULTING ENGINEERS COUNCIL
AMERICAN SOCIETY OF CIVIL ENGINEERS
CONSTRUCTION SPECIFICATIONS INSTITUTE
This doer,meat has been approved and endorsed by
· t~t,qT~.~..".~ ,-,,~.,:-,J
l~l ~
The Associated General
Conlractors of America
.... These General Conditions have been prepared for use with Ihe Owner;Conlraclor Agreements (No.
1910-8-A-I or 1910-~-A-2, 1983 edilions). Their provisions; are interrelated and a change in one may
necessitate a change in the olhers. Commenls concerning their nsage are conlained in the Commenlary
on Agreemenls for Engineering Services and Contract l)ocuments, No. 1910-9, 1981 edition. For
- ~' guidance in the preparation or Supplcmenlary Conditions, see Guide Io Ihe Preparalion of Supple-
menlary Condilions {No. 1910-17, 198.T edilionL When bidding is involved, Ihe Slandard Form of
inslruclions to Bidders {No. 191{I-12, 1983 edilion} may be used. ..
19111 ! (1911.~ Fdilion)
TABLE OF CONTENTS OF GENERAL CONDITIONS
Article
Nnmber 7~tle PaRe
I DEFINITIONS : 7
3 C¢)N'IRACT I)OCUM ENI'R:
INfENT, AMENDING AND REUSE ............................... 9
4 AVAII.ABILII'Y OF LANDS; PItYSICAL CONI)II'IONS;
REFERENCE POINI'S ............................................... lO
5 BONDS AND INSURANCE ........................................ I I
6 CONI'RAC1OR'S RESI'ONSIBII,II'IES ............................ 14
7 O'rlIER WORK ..................................................... 18
8 OWNER'S RESI'ONSIIHLII'IES .................................... 19
9 ENGINEER'S STATUS I)URINCJ CONSTRUCTION .............. 19
10 CllAN(JES IN 'IllE WORK ......................................... 21
I I CIIANGE OF CONIRACT PRICE ..................................
12 CIIANGE OF CONTRACI' 'lIME ................................... 24
13 WARRANI'Y AND GUARANTEE; TESTS AND
INSPECTIONS: CORRECTION. REMOVAL OR
ACCEPTANCE OF I)EFEC'IIVE WORK ........................... 24
14 PAYMENTS TO CONTRACI'OR AND COMPLETION 26
15 SUSPENSION OF WORK AND 'IF. RMINA'llON 29
J
3
INDEX TO GENERAL CONDITIONS
-- Article or ParnRraph
Number
Acceptance of Insurance ............................. 5.13 Contractor's Warraniy of Title ........................ 14.3
-- Access Io the Work .................................. 13.2 Contractors--other ...................................... 7
Addenda--definilion of (see definition of Contractual Liability Insurance ........................ 5.4
SpecificalJons) ........................................ I Coordinating Conlraclor--definilion of ................ ?.4
Agreement--definition of ................................ I Coordination .......................................... ?.4
-- All Risk Insurance ..................................... $.6 Copies of Documents .................................. 2.2
Amendment, Written ............................. I, 3. I. I Correction or Removal of Defeclive Work ........... 13. I I
Application for Payment--definition of .................. I Correction Period, ()ne Year ........................ 13.12
_ Application for Payment, Final ...................... 14.12 Correction, Removal or Acceptance of Defective
Application for Progress Paymenl .................... 14.2 Work--in general ........................... 13.11-13.14
Application for Progress Payment--review or .... 14.4-14.7 Cost--net decrease ................................. I 1.6.2
Arbitralion ............................................. 16 Cost of Work .................................... 11.4-11.5
-- Authorized Variation in Work ......................... 9.5 Costs, Supplemental ................................ 11.4.5
Availability of Lands .................................. 4.1
Award, Nolice of--defined .............................. I Day--definilion of ....................................... I
Defective--definition of ................................. I
-- Before Starting Conslruction ...................... 2.5-2.7 Defective Work, Acceptance of ...................... 13.1.t
Bid---definition of ....................................... I Daf ac'tire Work, Correction or Removal of .......... 13. II
Bonds and Insurance--in general ........................ 5 Defe¢'tive Work--in general ............... 13, 14.7, 14.11
Bonds---definition of ..................................... I Defective Work, Rejecling ............................. 9.6
-- .llonds, Delivery of ............................... 2. I, 5. I Dcflnilions .............................................. I
Bonds, Performance and Other .................... 5. I-5.2 Delivery of Bonds ..................................... 2. I
Delermination for Unil Prices ........................ 9.10
Cash Allowances ..................................... I 1.8 Dispnles, Decisions by Engineer ................. 9. I I-9.12
-- Change Order--definilion of ' I Documenls, Copies of ................................. 2.2
Change Orders--lo be executed ...................... 10.4 Documents, Record .................................. 6.19
Changes in Ihe Work ................................... l0 Documents, Reuse .................................... 3.6
Claims, Waiver of--on Final Payment ............... 14.16 Drawings--definition of .................................
Clarificalions and Interprelations ...................... 9.4
Cleaning ............................................. 6.17 Easemenls ............................................ 4.1
Completion ............................................. 14 Effective date of Agreement--definition of ............... I
-" Complelion, Substantial ......................... 14.8-14.9 Efnergencies ......................................... 6.22
Uonfcrence, Preconslruction .......................... 2.8 Engineer--definition of ' I
Conflict, Error, l)iscrepancy--Conlractor Engiueer's Decisions ............................ 9.10-9.12
to Report ...................................... 2.5, 3.3 Engineer's---Notice Work is Acceptable ............. 14.13
~ Conslrnclion Machinery, Eqoipmenl, elc .............. 6.4 Engineer's Recommendation of Payment ...... 14.4, 14.13
Continuing Work ..................................... 6.29 Engineer's Responsibilities, Limilations
Contract I)ocomenls--amending and oq .................................. 6.6, 9. I !, 9.13-9.16
.. supplementing .................................. 3.4-3.5 Engineer's Slatns During Construclion--in general ...... 9
Conlracl Documents--definition of ...................... I Equipment, Labor, Materials and .................. 6.3-6.6
Conlract Documents--Intent ...................... 3.1-3.3 Eqnivalent Malerials and Equipment .................. 6.7
Contracl I)ocnmenls--Reuse of ....................... ].6 Explorations of physical condilions ................... 4.2
- Contract Price, Change of .............................. I I
Contract Price--definition ............................... I Fee, Contraclor's--Costs Plus ........................ 11.6
Contract Time, Change of .............................. 12 Field Order.-definition of ............................... I
Conlract Time, Commencement of .................... 2.3 Field Order--issoed by Engineer ................ 3.5. I, 9.5
Conlracl Time--delinition of ............................ I Final Application for Payment ....................... 14.12
Conlraclor---definition of ' I Final Inspection ..................................... 14. I I
Contractor May .Stop Work or Terminale ............. 15.5 Final Payment and Acceplance ...................... 14.13
... Contractor s Conl~nning Obligation .................. 14.15 Final Paymenl, Recommendalion of 14.13-14.14
Contractor's Duty to Reporl Discrepancy
in Documents .................................. 2.5, 3.2 General Provisions .............................. 17.3-17.4
Conlraclor's Fee--Cosl Phis ... I 1.4.5.6, I 1.5.1, 11.6-11.7 General Rcqnircmcnls--definition of ..................... I
-- Contraclor's l.iubilily Insurance ....................... 5.3 Geueral Rrq.i~c,ncnls--principal
Contractor's Responsibilities--in general ................ 6 references to ................. 2.6, 4.4, 6.4, 6.6-6,7, 6.23
4
~3iving Notice ........................................ 17.1 Payments to Contractor--when due ........... 14.4, 14.1.1
Cinnrantee of Work--by Contractor ................... 13. I Payments to Contrnclor--withholding ................ 14.7
Performance and other Bonds ..................... $.1-5.2
Indemnification ................................. 6.30-6.32 Permits ............................................... 6.13
In.~pection, Final .................................... 14. I I Physical Conditions ................................... 4.2
................................. 13.7 Physical Conditions--Englneet's r ....... . .....
Inspection.
Test.q
and
review
4.2.4
ln.~urance, Bonds and--in general ....................... 5 Physical Conditions~existin~ structures ............. 4.2.2
Insurance, Certificates of ........................... 2.7, 5 Physical Conditions.-explorations and reports ....... 4.2. I
Insurance--completed operation,~ ...................... 5.3 Physical Conditions--po.q,~ible document change ..... 4.2.,~
Insurance, Contractor's Liability ...................... 5.7 Physical Conditions--price and time adjustments .... 4.2.5
Insurance, Contractual Liability ....................... 5.4 PhysiCal Conditions--report of ditTering ............. 4.2..1
ln,~urance, Owner's Liability .......................... :5.5 Physical Conditions--Underground Facilities .......... 4.3
In.~urnnce, Property .............................. 5.6-5. I 3 Preconstruction Cofiference ........................... 2.8
In~,rnnce--Walver of Rights ......................... 5. I I Preliminary Matters ..................................... 2
Intent of Contract Docnmenls ................... 3,.t, 9.14 Premises, U.qe of ................................ 6.16-6.1R
Interpretations and Clarification~ ...................... 9.4 Price, Chang~ of Conlract .............................. I I
Investigations of physical conditions 4.2 Price-Contract--definition of
Pro~ress Payment, Applications for ................... 14.2
l.ahor. Material.q and Equipment .................. 6.3-6.5 Progress Payment--retainage ......................... 14.2
Laws and Regulations--~lefinition of ..................... ! Progress schedule ............... 2.6, 2.9, 6.6, 6.29, 15.2.6
Lnw.q and Regulations--general ....................... 6.14 Project--definilion of ' I
Liability ln~urance--Conlrnctor's ..................... 5.7 Project Represenlation--prnvi.~ion for ................. 9..1
Liability In~urnnce--Owner's ......................... .q.5 Project Representative, Resident~eflnition of .......... I
Lien.q--deflnilionR or ................................ 14.2 Project, Starling the ................................... 2.4
Limitations on F. ngineer's Property In.~urance ............................... 5
Responsibilities ..................... 6.6, 9.1 I, 9.17-9.16 Property Insurance--Partial Utilization ............... 5.15
Property In.~urance--Receipt and Applicalion
Materials and equipmenl--fi~rnished by Contractor .... 6.3 or Proceeds ................................... 5.12-5.1.1
Materials and equipment--not Protecllon, Safety and ........................... 6.20-6.21
incorporated in Work .............................. 14.2 Punch list ........................................... 14.11
Malerials or equipment--equivalent ................... 6.7
Miscellaneous Provi.~ion~ ............................... 17 Recommendation of Payment .................. 14.4, 14.17
Multi-prime conlracts ................................... 7 Record Documents ................................... 6.19
Reference Points ...................................... 4.4
Nolice, (]ivin~ of ..................................... 17. I Regulations, Laws and ............................... 6.14
Notice of Acceptability of Project ................... 14.13 Rejectfn~ OefecHre Work ............................. 9.6
Notice of Award~efinilion of .......................... I Related Work at Site .............................. 7.1-7..1
Notice to Proceed--definition of ......................... I Remedies Not Exclusive ............................. 17.4
Notice lo Proceed--giving of .......................... 2.7 Removal or Correction of De. fectire Work ........... 13. I I
Re.qident Project Representative--definition of ........... I
"Or-Eqonl" Items ..................................... 6.7 Resident Project RepresentRtive--provision for ........ 9.-~
Other contractors ....................................... 7 Respon,~il?ililie,~, Contractor's--in general ............... 6
Other work .............................................. 7 Responsibilities, Engineer's--in general ................. 9
Overlime Work--prohibition of ........................ 6.7 Respon,~ibililies. Owner's--in general ....................
Owner--definilion or .................................... I Relainnge ............................................ 14.2
Owner May Correct Defe¢'tire Work ................. 1.1.14 Ren.~e of Documents .................................. .1.5
Owner May Stop Work .............................. 17.10 Ril~hts of Way ......................................... 4. I
Owner May Su.~pend Work, Terminate .......... 1~.1-15.4 Royalties, Patent F~es and ........................... 6.12
Owner's Duty to Execule Chnnge Orders ............. I I.tq
Owner's Liability In.~urnnce ........................... 5.5 Safely and Protection ............................ 6.20-6.21
Owner's Repre~entative--Englneer to serve as ........ 9. I Samples ......... · ................................ 6.27-6.28
Owner's Re.~ponsibilitie.~--in general .................... iq Schedule of progre.~s ........ 2.6, 2.$-2.9, 6.6, 6.29, 15.2.6
Owner's Separate Repre.~entntive at silo ............... 9.3 Schedule or Shop Drawing
snbmissions ...................... 2.6, 2.8-2.9, 6.2.1, 14. I
Partial Utilizalion .................................. 14.10 Schedule or values ......................2.6, 2.8-2.9, 14. I
Partial Utilization--definition of ......................... I Schednles. Finalizing .................................. 2.9
Partial Uliliznlion--Properly Insurance ............... 5.15 Shop Drawing~ and Samples ..................... 6.27-6.2R
Patenl Fee~ and Royaltie~ ............................ 6.12 Shop Drawing~--definilion or ............................ I
Payments. Recommendnlion or ........... 14.4-14.7, 14.13 Shop l)rawing~, u~e lo approve
Payments to Contractor--in general .................... 14 substitutions ...................................... 6.7..q
$ilc, Visils lo--by Engineer ........................... 9.2 Time, (.'ompntalion of ................................ 17.2
Specifications--definition of ............................. I 'lime, Contracl--definition of ............................ I ~'~
Slmli,g C:onstruclion, Before ...................... 2.5-2.8
Slarling the Project .................................... 2.4 Uncovering Work ............................... 13.8-1.1.9
Slopping Work--by Contractor ....................... 15.5 Undergrot,ml Facilities--definition of .................... I
Stripping Work--by Owner .......................... 13. lO IJndergrot, nd Facilities--not shown or indicaled ..... 4.3.2
Snbcontractor--definition of ............................. I Underground Facililies~prolection of ........... 4.3, 6.20
S,bcontrnclors--in general ....................... 6.8-6. I I Undergrottnd Facilities--shown or indicated ......... 4.3. I
Stsbconlracts--required provisions ............ 5. I I. I, 6. I I Llnit Ps ice Work--de§nition of .......................... I
11.4.3 Unil Price Work--general ................. 11.9, 14.1, 14.5
Substantial Completion--certification of .............. 14.8 Unil Prices ......................................... II .3.1
Stshsl:~ntial Completion~delinition of .................... I [Init Prices, I)elerminalions for ....................... 9. III
Substiltde or "Or-Equal" Items ....................... 6.7 Use of Premises ................................. 6.16-6.18
Subsurface Conditions ............................. 4.2-4.3 Ulilily owners .......................... 6.13, 6.20, 7.2-7.3
S,pplemental cosls ................................. I 1.4.5
Supplementary Conditions---definition of ................ I Values, Sched,le of ......................... 2.6, 2.9, 14.1
Supplementary Conditinns--principal Vari;dions in Work--Anthorized ............ 6.25, 6.27, 9.5
references to .. 2.2, 4.2, 5.1, 5.3, $.6-5.8,6.3,6.13,6.23, Visits lo Site--by Engineer ............................ 9.2
7.4,9.3
Supplementing Contract Documents ............... 3.4-3.5 Waiver of Claims--on Final Payment ................ 14.16
Supplier--definition of ................................... I Waiver of Righls by insured parlies ............. 5. I0, 6. I I
S,pplier--principal references to ... 3.6, 6.5, 6.7-6.9, 6.20, Warranty and Guarantee--by Conlrnctor ............. 13. I
6.24,9.13,9.16, 11.8. 13.4, 14.12
Warranty of 'l'ille, Conlractor's ....................... 14.3
Surety--consenl Io paymenl ................... 14.12, 14.14 Work, Access to ..................................... 13.2
Surely--Engineer has no duly Io ..................... 9.13 Work--by others ........................................ 7
Sw'ely--notice lo .......................... 10.1, 10.5, 15.2 Work Confirming i)uring Disputes .................... 6.29
Surety--qtsalification of ........................... 5. I-5.2 Work, Cost of ................................... 11.4-11.5
St,spending Work, by Owner ......................... 15. I Work--dcfinilion of ..................................... I
S,spension of Work and 'i'erminalion~in general ....... 15 Work Directive Chnnge--dcfinilion of ................... I
SL,perintendenI--Conlraclor's ......................... 6.2 Wmk Directive Change--principal ~
Supervision and Superintemlence ...... . ............ 6. I-6.2 references lo ............................ 3.4.3, I0. I-10.2
Work, Neglected by Coul r'.,ctor ..................... 13.14
Taxes--Payment by Conlractor ....................... 6.15 Wolk, Stopping by Contr;~clor ........................ 15.5
Termination--by Contractor .......................... 15.5 Work, Stopping by Owner ....................... 15.1-15.4
Termination---by Owner ......................... 15.2-15.4 Written An~endment--definition of ...................... I
Termination, Suspension of Work and--in general ...... 15 Writlen Amendment--principal
l'esls and Inspections ........................... 13.3-13.7 references to ..................... 3.4.1, 10.1, 11.2, 12.1
Time, Change of Contract .............................. 12
6
GENERAL CONDITIONS ~l~.f,'r~h'e--A. adjective which when modifying Ihe word Wo, k
refers Io Work lhal is .nsalJsfaclor)'. fault)' or delicicnl, or
docs OBi conform 1o Ihe Conlracl l)ocumenls, or does nol
ARI'ICLE
I--DEFINITIONS
meet the req,irements of any inspection, reference slandard.
Wherever u~cd in lhese General Condilions or in thc other te.~t or approval referred lo in lhe Contracl Doc,meats. or
has been damaged prior lo ENGINEER'.~ recommendati,n
('onlrac! l)ocumenl.~ the following terms have Ihe meanings of final payment (unless responsibility for Ihe protection thereof
indicated which are applicable to both the sing,lar and plural
thereof: has been asstlmed by OWNER al Subslantinl Complelion
accordance with paragraph 14.8 or 14.
Add~'nda--Wrillen or graphic inslrnmenl~ i~sued prior ltl the I)rn,'inR.~--Tbe drawings which show the characler anti scope
opening of Bids which clarify, correcl or change the bidding of Ibc Work to be performed and which have been p. epared
documents or the Conlracl Documents.
or approved by ENGINEER and are referred lo in the Con-
Alert's'meal--The wrilten agreement belwecn OWNER and tract Documents..
C()NIRAC'I'()R covering the Work to be pelformed; other E~fft't'tir¢ DaN, t~'the ARreemenl--'l'he dale indicated in the
Conlrncl Documents are attached to the Agreement and made Agreement on which il becomes effective, btlt if no s,ch dale
a part thereof aK provided therein, is imlicnted it means Ibe dale on which lhe Agreement is
signed and delivered by lhe last of lhe Iwo parlies to sign and
A/~pli('ali, n .[',r f'ny,~c'nt~'l'he form nccepled by ENGI- deliver.
NEER which i.~ Itl be used by C'ONIRA£71 (}R in reqnesling
progress ot final paymenls and which is !o inclmle s,ch s,p- ENGINEER--'I'he person. §tm or corporation named as .~nch
polling documentation as is required by the Conlract in Ihe Agteemenl.
I)oc,mcnls.
f'h'hl eh'dt'r~A writlen order issued by ENGINEER which
/fid--'lhe ,ITer or plopo.~al of the bidder s,hmitted on the orders minor changes in the Work in accordance with para-
plescribed form setting forth Ihe prices for the Wmk lo be graph 9.5 bnl which does oBI involve a change in the Contract
performed. Price or the Contract Time.
/~,,ds--Ilid. performance and payment bonds and other Genera! Req,irements~Sections of Division I of the Speci-
imhmnenls or security, fications.
¢'ltems?¢' eh'd~'r---A docm,enl recommemlcd by ENGINEER. Laws and Re~,lati,ns; Laws or ReR,lnti,ns~Lnws. odes.
,which is signed by C()NTRACI'OR ami OWNER and at.tho- regulations, ordinances, codes and/or orders.
ri~e~ an addition, deletion or revision in the Work. or an
adj,~lment in the Contract Price or the Contract Time. issued IVoti~'e of A,'ard~'l'he wrilten notice by OWNER to the
on or after Ihe Effeclive Dale of the Agreement. apparent succes~fid bidder stating that ,pon compliance by
the appmenl successful bidder with the conditions precedent
C~,~tra~'t Do¢'n,wnts--'l'he Agreement. Addemla (which per- enumerated Iherein. within the time specified. OWNER will
lain Io the Contrncl Documents), CONTRACTOR's Bid sign and deliver Ihe Agreement.
(incl,ding documenlntion accompanying the Bid and any posl-
Ilid documentation submiued prior Io the Nolice of Award) Nt~tire 1¢~ Fr¢~¢'eed--A wrillen nolice given by OWNER Io
when attached as an exhibit !o the Agreemenl. Ihe Bonds. CONTRAC'I'OR (wjlh a copy !o ENGINEER) fixing Ihe (late
Ihese General Conditions, Ihe Snpplementary Condilions, the on which the Conl ract Time will commence to run and on
Specilicalions and the Drawings as the same are more spe- which CONTRACTOR shall slart lo perform CONTRAC-
cifically identified in the Agreement. togelher wilh ali amend- I'OR'S obligalions under the Conlracl Documents.
meals, mmlifications and supplemenls iss,ed pursuant Io OWNER--The public body or authorily, corporalion, asso-
paragraphs 3.4 and 3.5 on or afler the ElTective Date of the
Agreement. clarion, firm or person with whom CON'rRAC'rOR has entered
into the Agreement and for whom the Work is to be provided.
C~mtro¢'t Pri~'r--'l'be moneys payable by OWNER to (:ON- flm'tial Utilization--Placing a portion of the Work in service
I'RACTOR .nder the Contract Docnmenls as slated in Ihe for the pnrpo~e for which il is intended (or a related purpose)
Agreement (subject to the provisions of paragraph I 1.9.1 in before reaching Substantial Completion for all the Work.
the case of Unit Price Work}.
l'rojec*t~'rhe total construction of which Ibc Work to be
Confrn¢-t 7ime--'l'he number of days (comp,ted as provided provided nnder the Contract Documents may be the whole.
in paragraph 17.2) or the dale slated in the Agreement for the or a part as indicated elsewhere in the Contract Doc,ments.
complelion of the Work.
Re.vid¢nt Froj¢rt R¢pre.v~'ntatire~l'he a,lhorixed rcpresen-
('¢)NI'RACT¢)R~3'he person, firm or emlxlration with whom talive of ENGINEER who is assigned to the site or any part
OWNER has entered inln the Agreement. thereof.
7
Shop I)rnwin~s--AII drawings, diagrams, illustrations, ordering an addition, deletion or revisio~ in the Work, or
schedules and olher data which ere specifically prepared by responding to differing or unforeseen physical conditions under
or for CONTRACTOR lo illustrate some portion of Ibc Work which thc Work is to be performed as provided in paragraph
-- and ali illustrations, brochures, standard schedules, perfor- 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work
manna charts, instructions, diagrams and other informalion Directive Change may not change the Contract Price or the
prepared by a Supplier and submitted by CONTRACTOR to Contract Time, but is evidence that the parties expect that
_. illustrate materialor equipment for some portion of the Work. Ihe change directed or documenled by a Work Directive
Change will be incorporated in a subsequently issued Change
Spec(th'nrions--Those portions of Ihe Contracl Documents Order following negolialions by the parties as to its effect, if
consisling of written technical descriptions of materials, any, on the Contract Price or Contract Time as provided in
-* equipment, construclion systems, standards and workman- paragraph 10.2.
ship as applied lo the Work and certain administralive details
applicable thereto. Written AmendmentmA written amendment or the Contract
Documenls, signed by OWNER and CONTRACTOR on or
~- $nbc.onlrnctor--An individual, firm or corporation having a after the Effective Date of the Agreement and normally deal-
direct contract with CONTRACTOR or wilh any other Sub- lng with the nonenglneerlng or nontechnical rather than strictly
contractor for the performance of n part of the Work at the Work-related aspects of the Contract Documents.
site.
Substantial CompletlonmThe Work (or n specified part thereof) ·
has progressed to Ihe point where, in the opinion of ENGI- ARTICLE 2~PRELIMINARY MA. TFERS
~ NEER as evidenced by ENGINEER's definilive cerlificate
of Substantial Complelion, il is sufficiently complele, in
Delivery of Bonds:
accordance wilh the Contract Documents, so that the Work
(or specified part) can be utilized for the purposes for which 2. I. When CONTRACTOR delivers the execuled Agree-
- it is intended; or if there be no such certificale issued, when manta to OWNER, CONTRACTOR shall also deliver to
final payment is due in accordance wilh paragraph 14.13. The OWNER such Bonds as CONTRACTOR may be reqnired Id
lerms "substantially complete" and "substanlially com- furnish in accordance with paragraph 5.1,
plated" as applied Id any Work refer to Substantial Comple-
-' lion thereof. Copies of Documents:
2.2. OWNER shall furnish Id CONTRACTOR up to lan
Snpplementury Conditions~The part of the Contract Docu- copies (unless otherwise specified in the Supplementary Con-
-. meats which amends or supplements these General Condi- ditions) of Ihe Contract Documents as are reasonably n,ec-
lions, essary for the execution of the Work. Additional copies will
be furnished, upon request, at the cost of reproduction.
$.pplier~A manufacturer, fabricator, supplier, distributor,
--- materialman or vendor. Commencement of Contract Time; Notice to Proceed:
L~ndcrgro.ndFm.ilities~AIIpipelines, conduils,ducts, cables, 2.3. The Conlract Time will commence to run on the
wires, manholes, vaulls, tanks, tunnels or other such facilities thirlielh day after the Effective Date of the Agreement, or, if
-- or attachments, and any encasements containing such facil- a Notice to Proceed is given, on the day indicated in Ihe
tries which have been installed underground to furnish any of ~qolice to Proceed. A Notice to Proceed may be given at any
the following services or materials: electricity, gases, steam, lime within thirty days after the Effective Date of the Agree-
_ liquid petroleum products, telephone or other communica- mont. In no event will the Contract Time commence to nm
lions, cable television, sew.age and drainage removal, Iraffic later than the seventy-fifth day after the day of Bid opening
or olher control systems or water, or the thirtielh day after Ihe Effective Date ol'the Agreement,
whichever date is earlier.
.... Llnit Price Work--Work to be paid for on the basis of unit
prices. Starting the Project:
Work--The entire compleled construction or the various sap- 2.4. CON'I*RACTOR shall slart to perform the Work on
- stalely identifiable parts Ihereof required to be furnished the date when the Contract Time commences to run. but no
under the Contract Documents. Work is the rest:Il of per- Work shall be done at lhe site prior lo the date on which the
forming services, furnishing labor and furnishing and incor- Conlract Time commences to run.
._ porating material's and equipment into the construction, all
ns required by the Conlract Documents.
Before Slurring Construclion:
Work Directire Change--A written directive lo CONTRAC- 2.5. Before undertaking each part of the Work, CON-
-- TOR, issned on or after Ihe Effective Date of Ihe Agreement TRACTOR shall c~trefully study and compare the Contract
and signed by OWNER and recommended by ENGINEER, Documenls and check and verify pertinent figures shown
8
thereon and all applicable field meastirements. CON'i'RAC- graph 2.6. The finalized progress schedule will be acceptable
1'OR shall promptly report in writing to ENGINEER any to ENGINEER a.~ providing an orderly progression of the
conflict, error or discrepancy which CONTRACTOR may Work to completion within the Contract Time, but sttch
dincover and ,~hall obtain a written interpretation or clarifi- acceptance will neither impose on ENOINEER responsibility
chiton from ENGINEER before proceeding with any Work for the progress or scheduling of the Work nor relieve CON-
affected thereby: howevtr, CONTRACTOR .~hall not he lin- TRACTOR from fufl responsibility therefor. The finnllzed
hie to OWNER or ENGINEER for failure to report nny schedule of Shop Drawing submissions will be acceptable to
conflict, error or discrepnncy in the Contract Document.~, EN~;INEER as pro¥iding n workable arrangement for pro-
unless CONTRACI'OR had actnal knowledge thereof or should ceasing the submissions. The finalized schedule of values will
reasonably have known thereof, be acceptable to ENGINEER as to form and substance.
2.6. Within ten days after the Effeclive Date oflhe Agree-
menl {unless otherwise specified in the Genernl Reqnire- ARTICLE 3--CON'I'RACT DOCUMENTS: INTENT,
ment,~). CONTRACI'OR shall submit to ENGINEER for AMENDING, R, EUSE
review:
2.6.1. an e.~timaled progress schedule indicating the Intent:
,~tnrting and completion dates of the various stages of the 3. I. The Contract Doct~ments comprise the entire agree-
Work: meat between OWNER and CONTRACTOR concerning Ihe
Work. The Contract Documents are complementary: what is
2.6.2. n preliminary schedule of Shop Drawing ~ub- called for by one is as binding as if called for by nil. The
missions; and Contract Documenls will be construed in accordance wilh
the law of the place of the Project.
2.6.3. n preliminary schedule of values for all of the
Work which will include quantitle~ and prlce.~ of item.~ 3.2. ItistheJntentoftheConlractDocumentstodescribe
aggregating the Contract Price and will .,mhdlvide the Work a functionally complete Project (or parl thereo~ to be con-
into componenl parts in su~clenl detail to serve as Ihe structed in accordance with the Contract Documents. Any
basi~ for progre.~,~ payments during con,~truclion. Such Work, mnierials or eqnipmenl that may reasonably be inferred
prices will include an appropriate amount of overhead and from the Contract Document.~ as being required to produce
profit applicable lo each item of Work which will he con- the intended result will be supplied whether or not specifically
firmed in writing by CONTRACTOR at the time of sub- called for. When words which have a well-known technical
mission, or trade meaning are used to describe Work, materials er
eq,lpment such words shall be intetpreled in accordance with
2.7. Before any Work at Ihe site is slatted, C()N'I'RAC- that meaning. Reference to standard speclficntion,~, manuals
TOR shall deliver to OWNER, with a copy to ENGINEER, orcodes of any technical society, orgnnizntion or association.
certificates (and other evidence of insnrance requested by or to the Laws or Regulntions of any governmenlnl authority,
OWN ER) which CONTRACTOR is required to purchase and whether such reference be specific or by implication, shall
mainlnin in accordance with paragraphs :5.3 and .~.4, nnd mean the latest standard specification, manual,code or Laws
OWNER shall deliver to CONTRACTOR certificates (and or Regulations in effect at the time of opening of Bids (or, on
olher evidence of insurance requesled by CONTRACTORI the Effeclive l)nte of the Agreement if there were no Bids),
which OWNER i~ required to pt,rchase and maintain in except as may be Otherwise specifically stated, tlowever, no
accordance with paragraphs 5.6 and 5.7. provision of any referenced standard specification, manual
or code {whelher or not specifically incorporaled by reference
I'recoastr,ction Cnn, l'erence: in the Contract Docnments) shall he effective to change lite
duties and responsibilities of OWNER. CONTRACTOR or
2.R. Within twenty days after the Effective Date of the ENGINEER, or any of their consultants, agents or employ-
Agreement, but before CONTRACTOR starts the Work at ecs from those set forth in the Contract Documents, nor shall
Ibe site. a conference attended by CONTRACTOR, ENGI- it be effective to assign to ENGINEER. or nny of ENGI-
NEER and others a~ appropriate will be held to di.,~cuss Ihe NEER's consultants, agents or employees, any duty or
schcdule,~ referred to in paragraph 2.6, to discuss procedures authority to supervise or direct the furnishing or performance
fi~r handling Shop Drawings and olher st,bmittals and for of the Work or nny duty or authority to undertake respon~i-
proce,~.'~ingApplicationsforPayment,andloestnblishnworking bility contrary to the provJ,~ions of paragraph 9.1,~ or 9.16.
understanding among the garlics as to the Work. Clarifications nnd interprelations of the Contract Documents
shall be issued by ENGINEER ns provided in paragraph 9.4..
Fianliztng Schedules: 3.3. If, during the performance of the Work, CON'I'RAC-
2.9. At lea~t ten day.~ before submission of the first Appli- TOR finds a conflict, error or discrepancy in the Contract
cation for Paymenl a conference attended by CONIRAC- Documents. CONTRACTOR shall so report Io ENGINEER
I'OR, ENGINEER nnd others as appropriate will be held to in writing al once and before proceeding wJlh the Work affected
finalize the schedules suhmilled in accordance with para- thereby shall obtain n written interpretation or clarification
9
from ENGINEER; however, CONTRACTOR shall not be such olber lands which are designaled h~r Ihe use of C()N.
liable Io OWNER or EN(ilN~..ER for ruth,re lo repml any TRACT()R. l':asemenls for permanenl slrnclnres or perma-
conflicl, error or discrepancy in Ihe Conlracl Documenls neat changes in exisling fncililies will be obtained and paid
unlessCON'i'RAC*l'ORhadactualknowledgelhereofor should for by OWNER, unless otherwise provided in the Conlracl
reasonably have known Ihcreof. Documents. If CONTRACTOR believes that any delay in
OWNER's furnishing Ihese lands, rights-of-way or ease-
Amending nndSnpplementing Contract Documents: mania entities CONI'RACTOR Io an extension of thc Con-
tract Time, CON*IR^C*I'OR may make u claim therefor as
3.4. The Contract Documents may be amended to pro- provided in Article 12. CONTRACTOR shall provide for all
vide for additions, deletions and revisions in Ihe Work or to additional lands and access Ihereto Ihat may he reqnired for
modify the terms and conditions thereof in one or more of temporary conslruclion facililies or slorage of malcrials and
lhe following ways:
equipment.
3.4.1. a formal Wrillen Amendmenl,
Physical Conditions:
or3.4.2, a Change Order (pursuant Io paragraph 10.4). 4.2.1. Etph,rations anti Reports: Reference is made
to Ihe Supplemenlary Condilions for idenlification oflhose
reports of explorations and lasts of subsurface condilions
3.4.3. a Work Direclive Change (pursuant lo para- al the sile Ihal have been ulilized by ENGINEER in prep-
graph lO. IL
aralion of Ihe Contracl l)ocuments. CONIRACTOR may
rely upon the accuracy of the lechnical dais conlained in
As indicaled in paragraphs ! 1.2 anti 12. I, Contracl Price and such reporls, but not upon nonlechnical dala, inlcrprela-
Contract Time may only be changed by a Change Order or a ti~ms or opinim~s ¢onlained therein or for the completeness
Wrillen Amendmenl.
Ihereof for C¢)NTRACTOR's pnrposes. Excepl as indi-
caled in the immedialely preceding senlence and in para-
3.~5. In addition, the reqnirements of the Conlrnct Docu- grnph 4.2.6, CONTRACTOR shall have fiill responsibilily
ments may be snpplemenled, and minor varialions and davis- wilh respecl to subsurface condilions al Ihe sile.
lions in the Work may be aulhorized, in one or more of Ihe
following ways:
4.2.2. E.~i.~'ting Strtt~'ture$: Reference is made lo Iht
Supplementary Conditions for idenlificalion of Ihose
3.5. I. a Field Order (pursuant Io paragraph 9.5), drawings of physical condilions in or relating lo exisling
snrface and subsurface structnres (excepl Underground
.t.5.2. ENGINEER's approval of n Shop Drawing or Facilities referred to in par:lgraph 4.3) which are nl or
sample (pursuanl Io paragraphs 6.26 and 6.27), or contiguous Io Ihe sile Ihat have been ulilized by EN(}I-
NEER in preparation of the Conlract Documents. CON-
.1.5.3. ENGINEER's written interpretation or clarifi- TRACTOR may rely upon Ihe accuracy of the lechnicnl
calion (pursuanl to paragraph 9.4). data conlained in such drawings, but not for the complete-
ness Ihereof for CONTRACTOR's purposes. Excepl as
Reuse o.[Documents: indicaled in the inlmedialcly preceding senlence ami in
paragraph 4.2.6, CONTRACTOR shall have full reslxm-
3.6. Neither CONTRACTOR nor any Subconlraclor or sibilily wilh respect lo physical conditions in or relating
Supplier or other person or orgnnizntion performing or fur- to such struclures.
nishing nny of Ihe Work under s direct or indirect contracl
wilh OWNER shall have or acquire any lille to or ownership 4.2.3. Report of Differin~ Conditions: If CONTRAC-
rights in any of Ibc Drawings, Specifications or other docu- TOR believes thai:
meals (or copies of any Ihereof) prepared by 'or bearing Ihe
seal of ENGINEER; and Ihey shall nol reuse any of lhem on
extensions oflhe Projecl or any olher project wilhoul wriUen 4.2.3. I. any lechnical data on which CONTRAC-
consenl of OWNER and ENGINEER and specific written TOR is entitled to rely as provided in paragraphs 4.2.1
verification or udaplalion by ENGINEER. and 4.2.2 is inaccurale, or
4.2..1.2. any physical condilion uncovered or
revealed at the sile differs malerially from that indi-
ARTICLE 4--AVAILAUIIJTY OF LANDS; PllYSICAL caled, reflected or referred Io in Ihe Contracl Docu-
CONI)ITI()NS; REFERENCE POINTS mania,
t
A~'ailability of Lands: CONTRACTOR sh~,ll, pr(~mptly after becoming aware
thereof and before performing any Work in conneclion
4. I. OWNER shall furnish, as indicated in Ihe Conlract Iherewilh (exccpl in an emergency as permitlcd by para-
l)ocumenls, the lands upon which the Work is to be per- graph 6.22L noilly OWNF. R and ENGINEER in writing
formed, righls-of-way and eascmenls for access therelo, and about Ihe inaccuracy or difference.
10
4.2.4. ENGINEER's Review: ENGINEER will delermine the extent to which the Conlrnct Documents
promptly review the perlinenl condilions, determine lhe she,Id he modified lo reflect And documenl lhe conse-
necessily ofohtninin$ Addilionnl explorntiuns or lexis with quences of the existence of the Underground Facility. nnd
respect thereto anti advise OWNER in writing (wilh n copy the Contract Documents will be amended or supplemented
to C(}NI'RAC'rOR} of ENGINEER's findings and con- to the extent necessary. During such time, CON'I'RAC-
el, siGns. TOR shall he responsible for the safety and protection of
such Underground Facility as provided in paragraph 6.20.
4.2.5. Pos.vihle l)o¢',,wnt Chn~Re: If EN(iINEER CONI'RACTOR shall be allowed an increa.~e in the Con-
concludes Ihal there is a material error in the ConlrAct tract Price or An extension of the Contract Time, or both,
I)ocoments or Ihal because of newly discovered condi- lo the extenl Ihnt they Are allributable to the existence of
tions a change in Ihe Contract Documents is reqnired, n any Underground Facility that WAS not shown or indicated
Work I)irective Change or A Change O, der will be issued in the Contract Documents nnd which CON'I'RAC'I'OR
as provided in Article !0 In reflecl and documenl the could not reasonably have been expected to be Aware of.
consequences of the innccnracy or difference. If the parties are unable to agree as lo the Amount or length
thereof, CONTRACTOR may make a claim therefor AS
4.2.6. l'o.v.~ihlc Price n,d ?ime Adj,.vt,fenL~: In each provided in'Articles II And 12.
such case. an increase or decrease in the Contract Price
~ nn extension or shorlening of the Contracl Time. or any
cnmhinnlinn thereof, will be allowable to Ihe extent Ihnl Reference Points:
they are atlribntnble tn any snch inaccurncy or difference. 4.4. OWN ER shall provide engineering surveys to estab-
If OWNI~R and C()N'I'RAC'rOR are unahle to agree n.~ to lish reference points for conslruclion which in ENgINEER's
Ihe amounl or lenglh thereof, A claim may be made therefor jmlgment ate necessary to enable C()NI'RACT()R to proceed
as provided in Articles Il and 12. with the Work. CON'I'RAC'I'OR shall be responsible for lay-
ing out the Work (t,nless otherwise specified in the (;eneral
Req,irements~. shall protect and preserve the eslnhlished
rhssicnl C'onditions~Unde~Rrmmd Fncilities: reference points and shall make no changes or relocations
4.3. I. ,~'ho,71 or I,dicn~¢d: The informalion and data withont Ihe prior writlen Approval of OWNER. CONI'RAC*
shown or indicated in Ihe Cnnlract Documents with respect TOR shall report to ENC;INEER whenever any reference
to exisling Undergronnd Facilities At or contilznons to Ihe point is lost or destroyed o.r requires relocation hecanse of
site is based on infl~rmntion nnd data fitrnished to OWN ER necessary changes in grades or locations, and shall he respon-
or ENGINEER by the owners of snch llnderground Fncil- sihle roe Ihe Accurate replacement or relocation of snch ref-
erence points by professionally qualified personnel.
ilies or by others. Unless il is olhetwise expressly pro-
vided in the Supplementary Conditions:
4.3.1.1. OWNER nnd ENGINEER shall not be AR*I'ICLE 3~BONL1S AND INSURANCE
responsible fi~r Ihe acenrncy or compleleness of Any
such information or data; And, Performnnee end Other Rends:
4..'t.l.2. CONTRACTOR shall have full responsi- .%1. CONTRACTOR shall tarnish performance anti pay-
bility for reviewing nnd checking all such information ment Bonds, each in an amount at least equal to the Contract
and data. rot locating all Uodergrouml Facilities shown Price as secnrity for the raithrnl performance and payment of
or indicated in Ibe Conlract Documents, fi~r coordina- all CONTRACTOR's obligations under the ConttAcl I)ocu-
lion or the Work with the owners of such Underground meats. 'These Bonds shall remain in effect at least unlil one
Facilities during construction, for the safely and pro- year niter the date when final payment becomes due, except
tection thereof as provided in paragraph 6.20 and as otherwise provided by Law or Regulation or by the Con-
repaitJn~ any damage Ihereto re.~ulling from Ihe Work. Iract Doer, meats. CONTRACTOR ~hall nl.~o I'urni~h .euch
Ihe co,q of all of which will he considered as having olher Bonds as are required by the Supplementary Condi-
been included in the Contract Price. lions. All Bonds shall be in the forms prescribed by LAw or
Regulation or by the Contract Doc,meats and be executed
4..1.2. Nol ,Sfion'n or l, di~'nted, if an Underground by such sureties as are named in the current list of "Com-
Facilit y is uncovered or revealed at or contiguous to the panics tlolding Certificates of Authority as Acceptable Sure-
site which was not shown or indicated in the Contract lies on Federal Bonds and as Acceptable Reinst:ring Cnm-
l)ocumenls and which C¢)NTRACTOR could apl reason- panles" As published in Circular .~70 (amended) by the Audit
ably have been expecled to be aware of, CONTRACTOR Staff Bmenu of Accounts, U.S. Treasury Llepnrtment. All
shall, promptly After becoming aware thereof and before Bonds signed by an agent must be Accompanied by a certified
performing any Work affected thereby (excepl in an emer- copy of the aulhority to act.
gency as permitled by paragraph 6.221, idenlify the owner
td'soch Umlergrouml Facility and give wrillen notice Ihereof 3.2. If the surely on any Bond filrni~hed hy CON'I'R AC-
lo that owner anti to OWNER and EN(;INF. ER. ENOf 'l*OR is declared a bankrupt or becomes insolvent or it~ right
NEER will ptomplly review the Underground Facility Io to do business is terminated in any slate where any part of
INDEX FOR
SECTION F
SPECIAL CONDITIONS
SECTION
SC-1 Insurance and Indemnification
SC-2 Use of Premises
SC-3 Order of Contract Documents
SC-4 Bonds
$C-5 Coordination with Others
SC-6 Protection of Trees, Plants, and Soils
-- SC-7 Clean-Up
SC-8 Waste Material
SC-9 Deletion
-- SC-10 Traffic Control
SC-Ii Barricades and Warning Signs
SC-12 Protection of Utilities
SC-13 Water For Construction
SC-14 Liquidated Damages for Delay
SC-15 Lines and Grades
SC-16 Change Orders
-- SC-17 Subsidiary Work
SC-18 Guarantee
$C-19 Termination by the Contractor
SC-20 OccuDational Safety
SC-21 Material on Hand
SC-22 Notification of City and State Inspectors
SC-23 Testing
- sc-24 Clarification of Bid Items SC-25 Schedules
$C-26 Removal of Defective and Unauthorized Work
- SC-27 Final Inspection
_ SECTION F
SPECIAL CONDITIONS
1. INSURANCE AND INDEMNIFICATION: A Certificate of Insurance
shall be filed with the Owner, naming the Owner as
-- additional insured with regard to the contract project and
evidencing insurance coverage of limits not less than the
following:
1. Workmen's Compensation - Providing for payment for
benefits as specified by the Workmen's
Compensation Law of the State of Texas.
2. Contractor's Comprehensive General Liability-
Bodily Injury:
-- $ 500,000 each person
$ 1,000,000 each accident
_ Property Damage: $ 500,000 each occurrence
$ 500,000 aggregate
-- The Contractor shall indemnify and save harmless ABQ Development
Corporation, their agents and employees from and against all
claims, damages, losses and expenses, including attorney's fees,
-- arising out of or resulting from the performance of the work,
provided that any such claim, damage, loss or expense (a) is
attributable to bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property including the loss
of use resulting therefrom, and (b) is caused in whole or in part
by any negligent act or omission of the Contractor, any
Subcontractor, anyone directly or indirectly employed by any of
.... them or anyone for whose acts any of them may be liable,
regardless whether or not it is caused in part by a party
indemnified hereunder.
In any and all claims against any party indemnified hereunder by
any employee of the Contractor, any Subcontractor, anyone
directly or indirectly employed by any of them or anyone for
whose acts any of them may be liable, the indemnification
obligation herein provided shall not be limited in any way by any
limitation on the amount or type of damages, compensation or
benefits payable by or for the Contractor or any Subcontractor
under workmen's compensation acts, disability benefit acts or
other employee benefit acts.
-- F-1 of 9
SECTION F (Continued)
SPECIAL CONDITIONS
1. INSURANCE AND INDEMNIFICATION: (Continued)
The contractor limits the Soils Engineer's - Baker-Shiflett,
-- Inc., the Engineer's - Jerry Parche Consulting Engineers and
the Surveyor's - Brittain & Crawford, liability to the
contractor and all of his subcontractors on the project
- arising from Baker-Shiflett Inc.'s, Jerry Parche' Consulting
Engineers, or Brittain & Crawford's professional acts,
errors or omissions, such that the total aggregate liability
of Baker-Shiflett, Inc., Jerry Parche' Consulting Engineers
and Brittain & Crawford to all those named shall not exceed
$50,000 or the total fee for engineering and surveying
services rendered on this project, whichever is less.
Proof of Carriage of Insurance: The Contractor shall
furnish the Owner with satisfactory proof of carriage of the
.... insurance required and the effective date and expiration of
said policies. Certificates shall provide that Owner shall
be given not less than five (5) days written notice of any
cancellation or changes that affect the coverage. It the
- expiration date of such insurance occurs during the term of
the contract, renewal Certificate shall be furnished not
less than fifteen (15) days before such expiration date.
2. USE OF PREMISES:
-- A. Contractor shall confine his apparatus, storage of
materials, and construction operations to the limits
indicated by ordinances or permits or as may be
directed. He shall not unreasonably encumber the
-- premises with his materials.
B. Contractor shall not load or permit any part of any
-. structure including underground pipelines, to be loaded
to such an extent as to endanger its safety.
_ C. Contractor shall enforce any instructions of the Owner
regarding signs, advertising, fires, danger signals,
barricades, smoking, and site security.
- F-2 of 9
SECTION F (Continued)
SPECIAL CONDITIONS
3. ORDER OF CONTRACT DOCUMENTS: In the event of conflict
between various portions of the Contract Documents, the
-- following order shall govern:
1. Signed Agreement
2. Performance and Payment Bonds
3. Proposal
4. Special Conditions
-- 5. Plans
6. Notice to Bidders
7. Special Instructions to Bidders
8. Specifications (Part 2 of this Document)
9. General Conditions
-- 4. BONDS: The amount of the Performance and Payment Bonds
shall each be an amount equal to one hundred percent (1004)
of the total awarded contract price.
5. COORDINATION WITH OTHERS: The Contractor shall schedule
and coordinate his work so that there is a minimum of
interference and conflict with the work of other Contractors
or the Owner's personnel. He shall cooperate with others in
all reasonable and proper ways to assure the steady progress
of his and other's work. In case of any conflicts, the
.... Engineer shall determine the responsibility and priority of
the work and his decision shall be final.
-- F-3 of 9
SECTION F (Continued)
SPECIAL CONDITIONS
6. PROTECTION OF TREES, PLANTS, AND SOIL: It is the intent of
this Contract that clearing be limited only to that minimum
- area required to allow for the work shown on the plans.
The Contractor shall make every reasonable effort to protect
all trees along the project right-of-way. No tree outside
the limits of the right-of-way or easements shown may be
removed without the prior approval of the Owner.
- Any trees or other landscape features scarred or damaged
unnecessarily by the Contractor's operations shall be
restored or replaced at the Contractor's expense. Trimming
- or pruning to facilitate the work will be permitted only by
experienced workmen in an approved manner. Pruned limbs of
1" (one-inch) diameter or larger, shall be thoroughly
treated as soon as possible with a tree wound dressing.
Ail property along and adjacent to the Contractor's
operations shall be preserved or restored, after completion
-- of the work, to a condition equal to or better than existed
prior to start of work.
_ It shall be the Contractor's responsibility to maintain
adequate temporary surface drainage during construction to
prevent flooding and nuisance ponding. Where surface
drainage channels are disturbed or blocked during
-- construction, they shall be restored to their original
condition of grade and cross section after the work of
construction is completed, unless directed otherwise by the
Engineer.
The Contractor shall take all precautions required to
prevent soil erosion during the construction. If excessive
erosion occurs, the Contractor shall take immediate measures
to prevent further erosion and restore the disturbed surface
with topsoil at completion of the work.
Boundary fences or other improvements removed or cut to
permit this construction shall be replaced or repaired in
the same location and left in a condition as good or better
than that in which they were found. All fences removed to
permit construction shall be replaced at the end of each
working day, unless directed otherwise by the Engineer.
F-4 of 9
SECTION F (Continued)
SPECIAL CONDITIONS
7. CLEAN-UP: During construction, the Contractor shall at all
times keep the job site free from waste, debris and rubbish,
- and shall maintain a daily routine of clean-up.
Ail trees, stumps, slashings, brush or other debris to be
- removed from the site, shall be disposed of in a manner
approved by the Engineer. Burninq of trash, trees, etc.
will only be permitted where allowed by Local Ordinances and
State Pollution Requlations.
Surplus dirt or earth shall be satisfactorily disposed of
unless otherwise directed by the Engineer.
Upon completion of the work as a whole and prior to final
acceptance, the Contractor shall clean and remove from the
_ site all surplus and discarded materials, temporary
structures and all debris. He shall leave the site in a
neat and orderly condition with an appearance satisfactory
to the Engineer and Owner. Method and location of disposal
- of surplus and waste materials shall be satisfactory to the
Engineer.
8. WASTE MATERIAL: All excess excavation and other waste
material shall be wasted at locations approved by the
Engineer. All material shall be spread in uniform layers
over the area being filled and shall be disposed of in such
a manner as to present a neat appearance and to not obstruct
proper drainage or to cause injury to street improvements or
to abutting property. Large rocks and inorganic debris
shall be disposed of off site.
9. DELETION: In the Standard General Conditions of the
.... Construction Contract, the following Paragraphs are deleted:
2.3, 4.4, 11.9.3, and 12.2.
10. TRAFFIC CONTROL: The Contractor will be required to plan
and execute the construction work in such a manner that the
residents in the area of the improvements will have access
to their property with a minimum of interruption. The
Contractor shall maintain all traffic lanes and/or detours
to the satisfaction of the Engineer and to the City of
Coppell (No separate Pay).
11. BARRICADES AND WARNING SIGNS: Barricades and warning signs
shall be placed to warn the public of the danger where work
on this project creates a safety hazard to the general
public. Barricades shall also be placed in accordance with
and as directed by requirements of the City of Coppell or
the Engineer.
F-5 of 9
SECTION F (Continued)
SPECIAL CONDITIONS
12. PROTECTION OF UTILITIES: The Contractor shall determine
the exact location of all existing utilities and conduct his
work so as to prevent interruption of service or damage to
them. The Contractor shall protect existing structures and
utilities from damage and shall be responsible for their
repair or replacement if damaged by him.
When the Drawings or Specifications include information
pertaining to the location of underground utility
facilities, such information is generally approximate and
represents only the opinion of the Engineer and is included
only for the convenience of the bidder. All underground
utilities which may be encountered during the work are not
necessarily indicated. The Engineer assumes no
responsibility whatever in respect to the sufficiency or
accuracy of the information shown on the Drawings relative
to the location of the underground utility facilities nor
the manner in which they are to be removed or adjusted. It
shall be the Contractor's responsibility to determine the
existence and actual location of all such facilities to be
encountered in his construction.
13. WATER FOR CONSTRUCTION: All water required shall be
furnished by the Contractor at his expense.
14. LIQUIDATED DAMAGES FOR DELAY: It is understood and agreed
between the parties hereto that time is of the essence of
this contract, and that for each day of delay beyond the
completion date of this contract (after due allowance for
such extension of time as is provided herein) the Contractor
shall pay to the Owner as liquidated damages the sum of Five'
Hundred Dollars ($500.00), it being understood between the
parties hereto that this sum shall be treated as liquidated
damages and not as a penalty, and the Owner may withhold
from the Contractor's compensation such sums as liquidated
damages.
15. LINES AND GRADES: Project Horizontal and Vertical Control
along with line and grade stakes shall be provided one time
by the Owner. The Contractor shall be responsible for
protecting and preserving all stakes thus set, and any
additional staking shall be at the Contractor's expense.
The Owner's Surveyor shall be notified at least 48 hours in
advance of need for construction staking.
F-6 of 9
SECTION F (Continued)
SPECIAL CONDITIONS
16. CHANGE ORDERS: The Owner may request extra work which is
not covered in these plans and specifications. Any change
-- order must be authorized in writing by the Owner prior to
beginning of work. No extra work will be allowed on any
other basis. Ail extra work and change orders shall
_ strictly conform and be in accordance with the provisions of
Article 10 of the Standard General Conditions of the
Construction Contract.
- 17. SUBSIDIARY WORK: Any and all work required by the Plans
and Contract Documents for which no specific bid item is
included in the Proposal, shall be considered as a
-- subsidiary item of work, the cost of which shall be included
in the price bid for items in the Proposal. Surface
restoration and clean-up are general items of work which
fall in the category of subsidiary work.
18. GUARANTEE: If, within one year after acceptance of the
work, defects should appear in the materials or workmanship,
- the Contractor shall promptly repair such defects at his own
expense and shall leave the work as intended by the plans
and specifications. This guarantee will apply to all Darts
-.. of the work on which guarantee-periods of longer duration
have not been otherwise specified.
19. TERMINATION BY THE CONTRACTOR: The Contractor shall have
no rights of termination on this project, but shall perform
all work as required to meet the plans and specifications
and as required in the contract documents.
20. OCCUPATIONAL SAFETY: The Contractor agrees to comply with
the most recent revised provisions of the Occupational
Safety and Health Act of 1970, and the standards and
regulations issued thereunder and warrants that all work,
materials, and products furnished under this Contract will
conform to and comply with said standards and regulations
which are in existence on the date of this Contract. The
Contractor further agrees to indemnify and hold harmless the
Owner and the Engineer for all damages suffered by the Owner
and the Engineer as a result of the Contractor's failure to
comply with the Act and the Standards issued thereunder and
for the failure of any material and/or equipment furnished
under this Contract to so comply.
21. MATERIAL ON HAND: No payment will be made for material on
hand. Request for payments should be based only on the
items shown in the Proposal or in approved Change Orders.
Payment will be made for such items only after installation
is complete.
F-7of9
SECTION F (Continued)
SPECIAL CONDITIONS
22. NOTIFICATION OF CITY AND STATE INSPECTORS: Before
beGinninG construction in areas of public dedication, the
-- Contractor shall inform the entity having jurisdiction in
the area forty-eiGht (48) hours prior to initiation of the
work.
23. DENSITY TEST: Field density tests shall be made by the
Soils EnGineer of the compaction of each layer of fill.
_ Density tests shall be taken in the compacted material below
the disturbed surface. When these tests indicate that the
density of any layer of fill or portion thereof is below the
required density, the particular layer or portion shall be
-- reworked until the required density has been obtained. The
Owner will pay for the first, test. The Contractor will pay
for subsequent tests in areas found to be deficient in the
-- initial testinG.
24. CLARIFICATION OF BID ITEMS:
-- PAY ITEM - EXCAVATION: This item shall consist of
stripping vegetation and topsoil and scarifying the area to
be filled, excavation from the borrow area and placing and
-- compaction excavated material in accordance with these
specifications and with proposed Grades as shown on the
plans. The quantity for Excavation is the quantity to be
excavated from the borrow area as computed based on the
averaGe-end area method. Topsoil stripped from the fill
area will be replaced following completion of filling to
achieve final Grades.
Rolling and compaction shall be continued until the fill
layers are compacted to not less than 954 nor more than 1004
-- Standard Proctor density at a moisture content ranGinG
between optimum to four percentage points above optimum.
Payment for clearing the borrow area is included in payment
.... for Preparation of Roadway SubGrade - Item No. 1 - of the
Subgrade Preparation in Heartz Road contract.
F-8 of 9
SECTION F (Continued)
SPECIAL CONDITIONS
25. SCHEDULES: The Contractor will be requested to furnish a
schedule for the order of completion of the work with dates
-- for the starting and completion of construction.
26. REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All work which
_ has been rejected or condemned shall be repaired or, if it
cannot be repaired satisfactorily, it shall be immediately
removed and replaced at the Contractor's expense. Defective
materials shall be immediately removed from the site of the
- work. Work done without line and grade having been given,
work done without proper inspection, or any extra or
unclassified work done without written authority and prior
- agreement in writing as to prices, shall be done at the
Contractor's risk, and will be considered unauthorized, and,
at the option of the Engineer, may not be measured and paid
for, and may be ordered removed at the Contractor's expense.
Upon failure of the Contractor to repair satisfactorily or
to remove and replace, if so directed, rejected,
unauthorized or condemned work or materials immediately
after receiving notice from the Engineer, the Engineer will,
after giving written notice to the Contractor, have the
authority to cause defective work to be remedied or removed
.... and replaced, or to cause unauthorized work to be removed
and to deduct the cost thereof from any moneys due or become
due to the Contractor.
27. FINAL INSPECTION: The City of Coppell will make final
inspection of all work included in the Contract. If the
work is not acceptable to the City Inspector at the time of
- such inspection, he will inform the Contractor as to the
particular defects to be remedied before final acceptance
will be made. All work must be accepted by the City of
.... Coppell and the Engineer before retainage amounts will be
paid.
-- END OF SECTION
F-9 of 9