DR8902-CN 890628 SECTION 00030 - ADVERTISEMENT FOR BIDS 00030-1
Sealed proposals addressed to the CITY OF COPPELL, TEXAS for the
BETHEL SCHOOL RO~D/PELIC~%N LANE DI~AINAGE IMPROVEMENTS will be
received at the offices of Ginn, Inc., 17103 Preston Road, Suite
100, Dallas, Texas until 2:00 p.m., Wednesday, June 21, 1989, and
then publicly opened and read aloud.
The Instructions to Bidders, Proposal Forms, Forms of Contract,
Plans, Specifications, and Forms of Bid Bond, Performance and
Payment Bond, and other contract documents may be examined at the
following:
Ginn, Inc., Consulting Engineers
17103 Preston Road, Suite 100
Dallas, Texas 75248
Phone: (214) 248-4900
Copies may be obtained at the office of Ginn, Inc. for payment of
$10.00.
The Owner reserves the right to waive any informalities and/or to
- reject any or all bids. Each Bidder must deposit with his bid, a
security in the amount, form and subject to the conditions
provided in the Instruction to Bidders.
PRINCIPAL ITEMS OF WORK INCLUDED IN THIS PROJECT
INSTALLATION OF STANDARD CURB INLETS AT VARIOUS LOCATIONS;
REMOVAL AND REPLACEMENT OF CONCRETE CURB AND GUTTER; REMOVAL AND
REPLACEMENT OF CONCRETE PAVEMENT AND BASE MATERIAL; INSTALLATION
OF RCP DRAINAGE PIPES; SIDEWALK REPAIR, SPRINKLER REPAIR AND RE-
SODDING AND RE-LANDSCAPING OF DAMAGED MATERIALS.
CITY OF COPPELL
DATE
Alan Ratliff, City Manager
GINN, INC. CONSULTING ENGINEERS BETHEL SCHOOL ROAD/PELICAN LANE
DALLAS, TEXAS PROJECT N0.89416 CITY OF COPPELL, TEX~S
D~V~S~ON 0 - BIDD~N~ KND CONTRACT REOU~RE~ENTS PA~E
SECTION 00~00 - ~NSTRUCTIONS TO B~DDERS 00~00-1
P~RT I - GENERAL
1.1 GENERAL:
A. Defined Terms: Terms used in these Instructions to Bidders
which are in the General Conditions of the Construction
Contract, have the meanings assigned to them in the General
Conditions.
Owner: Wherever the word ,,OWNER,, is used in the
specifications and Contract Documents, it shall understood
as referring to the CITY OF COPPELL, TEX~S.
Engineer: Wherever the word "ENGINEER" is used in the
specifications and Contract Documents, it shall be under-
stood as referring to Ginn, Inc., 17103 Preston Road, Suite
100, LB 118, Dallas, Texas 75248, phone (214) 248-4900.
Inspector: The authorized representative of the Owner,
assigned to observe and inspect any or all parts of the work
and the materials to be used therein.
B~dder: An individual, firm or corporation or any
combination thereof, submitting a proposal.
Contractor: The individual, firm or corporation or any
combination thereof, party of the second part, with which
the contract is made by the CITY OF COPPELL, TEXAS.
Superintendent: The representative of the Contractor
authorized to receive and fulfill instructions from the
Engineer and who shall supervise and direct the
construction.
B. Doctunents: Complete sets of the Bidding Documents, (full
size drawings and specifications), may be obtained from the
Engineer upon request.
Complete sets of Bidding Documents shall be used in
preparing Bids; neither Owner nor Engineer assume any
responsibility for errors or misinterpretations resulting
from the use of incomplete sets of Bidding Documents.
C. Discrepancies: Should a Bidder find any discrepancy,
ambiguity, inconsistency, error or omission from the
drawings, specifications or project manual or of the site
and local conditions, or be in doubt as to their written
meaning, it is requested that the Bidder promptly notify the
Engineer who then will send a written instruction or
interpretation to all known holders of the documents.
Neither the Owner nor the Engineer will be responsible for
any oral instructions.
GINN, INC. CONSULTING ENGINEERS BETHEL SCHOOL ROAD/PELICkN L~NE
DALLAS, TEXAS PROJECT N0.89416 CITY OF COPPELL, TEX~S
DIVISION 0 - BIDDIN~ ~ CONTRACT RROUIREMENTS PA~E
SECTION 00100 - INSTRUCTIONS TO BIDDERS 00100-2
D. Addanda~ Any addenda to the drawings, specifications, or
project manual issued before or during the time of bidding
shall be included in the proposal and become a part of the
contract.
Any addenda will be mailed or delivered to all Bidders
receiving a complete set of Bidding Documents.
Each Bidder shall acknowledge on bid proposal that he has
received all Addenda issued.
E. Substitutions: The materials, products and equipment
described in the specifications and/or shown on the drawings
establish a standard or required function, dimension,
appearance and quality as required by the Engineer. NO
SUBSTITUTIONS WILL BE CONSIDERED DURIN~ BIDDINg.
F. Work to be done: The work to be done under this contract is
described in the specifications and shall be done in
accordance with the contract drawing and specifications
prepared by Ginn, Inc. Consulting Engineers, Dallas, Texas.
1.2 BIDDING:
A. Method of Bidding: The proposal provides for quotation of a
price, or prices, for one or more bid items, which may be
lump sum bid prices, alternate bid prices, or a combination
thereof. No payment will be made for items not set up on
the proposal, unless otherwise provided by contract
amendment. Ail Bidders are cautioned that they should
include in the prices quoted for the various bid items all
necessary allowances for the performance of all work
required for the satisfactory completion of the project.
B. Subcontracts: The bidder is specifically advised that any
person, firm or other party to whom it is proposed to award
a subcontract under this contract must be acceptable to the
Owner.
1.3 BID SECURITY:
A. Bid Security shall be made payable to the Owner in an amount
of five percent (5%) of the Bidder's maximum Bid price and
in the form of certified or bank check or a Bid Bond issued
by a Surety Company, licensed to transact such business in
the State of Texas and listed on the current Treasury
Department Circular No. 570.
B. The Bid Security of the Successful Bidder and those of the
three (3) lowest responsible and eligible bidders will be
retained until the successful Bidder has executed the
Agreement and furnished the required Contract Security,
whereupon they will be returned. All bid securities will
be returned on the execution of the contract or, if no award
GINN, INC. CONSULTING ENGINEERS BETHEL SCHOOL ROAD/PELICAN LANE
DALLAS, TEXAS PROJECT N0.89416 CITY OF COPPELL, TEXAS
DIVISION 0 - BIDDING AND CONTRACT REOUIREMENTS PAGE
SECTION 00100 - INSTRUCTIONS TO BIDDERS 00100-3
is made, within ninety (90) days after the actual date of
the opening thereof unless forfeited under the conditions
herein stipulated.
C. In case a party to whom a Contract is awarded shall fail or
neglect to execute the Contract and furnish the satisfactory
bonds within the time stipulated, the Owner may determine
that the bidder has abandoned the Contract and, thereupon,
the proposal and acceptance shall be null and void and the
bid security accompanying the proposal shall be forfeited to
the Owner as liquidated damages for such failure or neglect
and to indemnify said Owner for any loss which may be
sustained by failure of the bidder to execute the Contract
and furnish the bonds as aforesaid, provided that in case of
death, disability or other unforeseen circumstances
affecting the bidder, such bid security may be returned to
him. After execution of the contract and acceptance of the
bonds by the Owner, the bid security accompanying the
proposal of the successful bidder will be returned.
1.4 QUALIFICATION OF BIDDERS:
A. To demonstrate qualifications to perform the Work, each
Bidder may be required to submit written evidence such as
financial data, previous experience and evidence of
Bidder's qualification to do business in The State of Texas
or covenant to obtain such qualification prior to award of
the contract.
B. Additionally, all Bidders shall be prepared to show that
they are skilled, experienced in, and have been regularly
engaged in the type of construction involved and that they
have the necessary financial resources to finish the Work in
a proper and satisfactory manner in the time specified.
C. The Engineer and Owner reserve the right to require
documented evidence of the foregoing from the Contractor
prior to award of the contract.
D. The Owner may make such investigations as it deems necessary
to determine the ability of the bidder to perform the work
and the bidder shall furnish to the Owner such information
and data for this purpose. The Owner reserves the right to
reject any proposal if the evidence submitted by or the
investigation of such bidder fails to satisfy the Owner that
such bidder is properly qualified to carry out the
obligations of the Contract and to complete the work
contemplated therein. The Owner reserves the right to
reject any or all proposals bids if it would be in the
public interest to do so. A proposal which includes for any
item a bid that is abnormally low or high may be rejected as
unbalanced.
GINN, INC. CONSULTING ENGINEERS BETHEL SCHOOL ROAD/PELICaN L~NE
DALLAS, TEXAS PROJECT NO.89416 CITY OF COPPELLv TEX~S
DIVISION 0 - BIDDING AND CONTRACT REOUIREMENTS PAGE
SECTION 00100 - INSTRUCTIONS TO BIDDERS 00100-4
E. The investigations of a bidder will seek to determine
whether the organization is adequate in size and experience
and whether available equipment and financial resources are
adequate to assure the Owner that the work will be completed
at a rate consistent with the completion date set forth in
the proposal. The amount of other work to which the bidder
is committed will also be a consideration in establishing
that a contractor is a "responsible and eligible bidder" in
conformity with the requirements of the Contract.
1.5 EXAMINATION OF CONTRACT DOCUMENTS AND SITE:
A. Conditions of Work: Each Bidder must fully inform himself
of the conditions relating to construction of the project
and employment of labor thereon. Failure to-do so will not
relieve a Successful Bidder of his obligation to furnish all
material and labor necessary to carry out the provisions of
his contract. Insofar as possible, the Contractor must
employ methods or means to cause no interruption of or
interference with the work of any other contractor.
B. Examination of Site: All Bidders, including the general
Contractor and subcontractors shall examine carefully the
site of the Work to acquaint himself with working conditions
and all difficulties that may be involved therein, and shall
examine carefully all drawings, specifications and other
Contract Documents to familiarize himself with all of the
requirements, terms and conditions thereof. Any information
relating to the Work furnished by the Owner or others, or
failure to make these examinations shall in no way relieve
any Bidder from the responsibility of fulfilling all of the
terms of the contract, if awarded a contract. Also, failure
to visit the site will in no way relieve the Successful
Bidder from furnishing any materials or performing any work
required to complete Work in accordance with drawings and
project manual without additional cost to the Owner.
C. Laws, Regulations, Permits and Taxes: The Bidder's
attention is directed to the fact that all applicable state
laws, municipal ordinances, rules and regulations of all
authorities having jurisdiction over construction of the
project shall apply to the contract throughout, and they
shall be deemed to be included in the contract the same as
though herein written out in full as a part of these
documents. Contractor shall secure, and include compensation
for, in his proposal, all permits and all required taxes
which are levied by governing bodies and which are
assessable upon labor and materials entering into this Work.
D. Before submitting his Bid each Bidder may, at his own
expense, make such investigations and tests of the site as
the Bidder may deem necessary to determine his Bid for
performance of the Work in accordance with the time, price
and other terms and conditions of the Contract Documents.
GINN, INC. CONSULTING ENGINEERS BETHEL SCHOOL ROAD/PELICAN LANE
DALLAS, TEXAS PROJECT N0.89416 CITY OF COPPELL, TEXAS
D~V~S~ON 0 - B~DD~N~ ~ CONTI~CT REOU~RE~ENTS P~GE
SECTION 00~00 - ~NSTRUCT~ONS TO B~DDERS 00~00-$
E. On request, Owner will provide each Bidder access to the
site to conduct such investigations and tests as each Bidder
deems necessary for submission of his Bid.
F. The lands upon which the Work is to be performed, rights-of-
way for access thereto and other lands designated for use by
Contractor in performing the Work are identified in the
Drawings.
G. If project is bid, based upon unit price bidding, bidder
shall be advised that: the quantities of work or materials
as set forth in the proposal form or on the plans are a
calculated approximation and are for the purpose of
comparing the Bids on a uniform basis. Payment will be made
by the Owner to the Contractor only for the actual
quantities of work performed or materials furnished in
accordance with the contract. The quantity of work to be
done and materials to be furnished may be increased or
decreased as hereinafter provided.
H. Obligation of Bidder: At the time of opening of bids, each
Bidder will be presumed to have inspected the site and to
have read and be thoroughly familiar with the drawings,
specifications and the project manual, including all
addenda.
The submission of Bid will constitute an incontrovertible
representation by the Bidder that he has complied with every
requirement of this section, and that the Contract Documents
are sufficient in scope and detail to indicate and convey
understanding of all terms and conditions for performance
of the Work.
I. No allowance will be made for any claim that the proposal is
based upon incomplete information as to the nature and
character of the site or the work involved. Conditional
proposals will not be accepted.
1.6 BID PROPOSALS:
A. General: The Bidder shall submit one Original Bid
Proposal based exactly on the documents as issued. No
substitutions, revisions or omissions from the plans
and/or specifications will be accepted unless authorized in
writing by the Engineer.
The proposal form is attached hereto; additional copies may
be obtained from the Engineer.
Bid proposals must be completed in ink or by typewriter.
The Bid price of each item on the form must be stated in
words and numerals; in case of a conflict, words will
take precedence.
GINN, INC. CONSULTING ENGINEERS BETHEL SCHOOL ROAD/PELICAN LANE
DALLAS, TEXAS PROJECT N0.89416 CITY OF COPPELLt TEX~S
DIVISION 0 - BIDDING AND CONTRACT RROUIREMENTS PAGE
SECTION 00100 - INSTRUCTIONS TO BIDDERS 00100-6
The Bid proposal must be signed with the full name of the
Contractor and his address; if a partnership, by a member of
the firm with the name and address of each member; if a
corporation, by an officer thereof, the corporate name, and
have a corporate seal affixed.
B. Form: Make all proposals on forms provided and fill all
applicable blank spaces without interlineation, alteration
or erasure and must not contain recapitulation of the Work
to be done. No oral, telegraphic, or telephonic proposals
will be considered. Any addenda issued during the bidding
shall be noted on the proposal form.
C. Submittal= Each Bidder shall submit two copies of his Bid
completely and properly executed on proposal forms
provided. Each Bid, without the "Specifications and
Contract Documents", shall be enclosed in a separate sealed
envelope, with the words "Bid for" followed by the project
title and the Bidder's name and address, and accompanied
by the Bid Security and other required documents. If the
Bid is sent through the mail or other delivery system, the
sealed envelope shall be enclosed in a separate envelope
with the notation "BID ENCLOSED" on the face thereof.
SPECIFICATIONS AND CONTRACT DOCUMENTS SHALL NOT BE RETURNED
WITH THE BIDS.
. . D. Telegraphio Modifications= Any Bidder may modify his Bid by
telegraphic communication at any time provided such
communication is received by the Owner prior to the
scheduled closing time. Written confirmation must be
received within two days from the closing time or no
consideration will be given the telegraph modifications.
E. Withdrawal= If, within twenty-four hours after Bids are
opened, any Bidder files a duly signed written notice with
Owner and promptly thereafter demonstrates to the reasonable
satisfaction of Owner that there was a material and
substantial mistake in the preparation of his Bid, that
Bidder may withdraw his Bid and the Bid Security will be
returned. Thereafter, that Bidder will be disqualified from
further bidding on the Work.
1.7 OPENING OF BIDS:
A. The CITY OF COPPELL, TEXAS (herein called the "Owner")
invites all Bids on the form attached hereto, all blanks of
which must be appropriately filled in. Bids will be
received by the Owner at time and place stated in Section
00030 - ~dvertisement For Bids, and then at said location
publicly opened and read aloud. The envelopes containing
the Bids must be sealed, addressed to the CITY OF COPPELL,
TEXAS, and designated as "Bid for BETHEL SCHOOL ROAD /
PELICAN L~NE DRAINAGE IMPROVEMENTS .
GINN, INC. CONSULTING ENGINEERS BETHEL SCHOOL RO~D/PELICAN L~NE
DALLAS, TEXAS PROJECT N0.89416 CITY OF COPPELL, TEXAS
D~V~S~ON 0 - B~DD~N~ ~,ND CONTI~%CT REOU~RE~ENTS P~E
SECTION 00~00 - ~NSTRUCTIONS TO BIDDERS 00~00-?
B. When Bids are opened publicly they will be read aloud, and
an abstract of the amounts of the base Bids and major
alternates (if any) will be made available after the opening
of Bids on a bid tabulation sheet sent to all bidders.
1.8 BIDS TO REMAIN OPEN:
All Bids shall remain open for ninety (90) days after the
day of Bid Opening, but Owner may, in his sole discretion,
release any Bid and return the Bid Security prior to that
date.
1.9 CONTRACT AWARD:
A. Owner reserves the right to reject any and all Bids, to
waive any and all informalities and to negotiate contract
terms with the Successful Bidder, and the right to disregard
all nonconforming, nonresponsive or conditional Bids.
Discrepancies between words and figures will be resolved in
favor of words. Discrepancies between the indicated sum of
any column of figures and the correct sum thereof will be
resolved in favor of the correct sum.
B. In evaluating Bids, Owner shall consider the qualifications
of the Bidders, whether or not the Bids comply with the
prescribed requirements, and alternates and unit prices if
requested in the Bid forms. It is the Owner's intent to
accept alternates (if any are accepted) in the order in
which they are listed in the Bid form, but Owner may accept
them in any order or combination,or none if desirable.
C. Owner may consider the qualifications and experience of
subcontractors and other persons and organizations
(including those who are to furnish the principal items of
material or equipment) proposed for those portions of the
Work to be done for which the identity of subcontractors
and/or other persons and organizations must be submitted as
provided in the Supplementary Conditions. Operating costs,
maintenance considerations, performance data and guarantees
of materials and equipment may also be considered by
Owner.
D. Owner may conduct such investigations as he deems necessary
to assist in the evaluation of any Bid and to establish
the responsibility, qualifications and financial ability of
Bidders, proposed subcontractors and other persons and
organizations to do the Work in accordance with the Contract
Documents to Owner's satisfaction within the prescribed
time.
E. Owner reserves the right to reject the Bid of any Bidder who
does not pass any such evaluation to Owner's satisfaction.
GINN, INC. CONSULTING ENGINEERS BETHEL SCHOOL ROAD/PELICAN I.%NE
DALLAS, TEXAS PROJECT N0.89416 CITY OF COPPELL, TEXAS
DIVISION 0 - BIDDING AND CONTRACT REOUIREMRNT8 PAGE
SECTION 00100 - INSTRUCTIONS TO BIDDER8 00100-8
F. If the contract is to be awarded it will be awarded to the
lowest Bidder whose evaluation by Owner indicated to Owner
that the award will be in the best interests of the project.
G. If the contract is to be awarded, Owner will give the
Successful Bidder a Notice of Award within ninety (90) days
after the day of the Bid opening.
H. After award of contract to Successful Bidder, the Contractor
shall agree to begin work within ten (10) calendar days
after the date of "Notice to Proceed" of the Owner and to
fully complete the project within the stated number of
consecutive calendar days thereafter as stipulated on the
bid proposal and agreement between Owner and Contractor.
1.10 LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT:
In the event the Bidder's proposal is accepted, and he fails
or refuses to enter into the contract and furnish the
required Performance and Payment Bonds within fifteen (15)
days after he has received notice of the acceptance of his
Bid, unless given a written extension of time by the Owner,
then the Bidder will be considered as having abandoned his
proposal and his Bid Security will be retained by the Owner
as liquidated damages, IT NOW BEING AGREED that the
specified sum of the Bid Security is a fair estimate of the
amount of damages that the Owner will sustain in case the
Bidder fails to enter into the contract and furnish the
Performance and Payment Bonds within the time stated in the
proposal.
1.11 CONTRACT TIME:
A. The number of days within which, or the date by which, the
Work is to be completed (the Contract Time) is set forth
in the Bid Form and will be included in the Agreement. The
Contract Time for this project is:
SIXTY (60) CALENDAR DAYS
B. Extension of time of completion will be permissible in
accordance with Section 4.02 of General Conditions of
Agreement.
1.12 LIQUIDATED DAMAGES:
Provisions for liquidated damages are set forth in the
Proposal. Liquidated damages for this project are:
TWO HUNDRED FIFTY DOLLARS ($250.00) PER CALENDAR DAY
GINN, INC. CONSULTING ENGINEERS BETHEL SCHOOL ROAD/PELICAN LANE
DALLAS, TEXAS PROJECT N0.89416 CITY OF COPPELL, TEX~8
DIVISION 0 - BIDDING ii,ND CONTRACT REOUIRRMRNTS PAGE
SECTION 00100 - INSTRUCTIONS TO BIDDERS 00100-9
1.13 SUBCONTRACTORS, ETC.:
A. The apparent Successful Bidder, and any other Bidder so
requested will, within seven (7) days after requested by the
Owner, submit to the Owner a list of all the suppliers,
subcontractors and other persons and organizations
(including those who are to furnish the principal items of
material and equipment) proposed for those portions of the
Work as to which such identification is so required. Such
list shall be accompanied by an experience statement with
pertinent information as to similar projects and other
evidence of qualification for each such Subcontractor,
person and organization if requested by the Owner. If Owner
or Engineer after due investigation has reasonable objection
to any proposed Subcontractor, other person or organization,
either may before giving the Notice of Award request the
apparent Successful Bidder to submit an acceptable
substitute without an increase to Bid price. If the
apparent Successful Bidder declines to make any such
substitution, the Contract shall not be awarded to such
Bidder, but his declining to make any such substitution will
not constitute grounds for sacrificing his Bid Security.
Any Subcontractor, other person or organization so listed
and to whom Owner or Engineer does not make written
· ~ objection prior to the giving of the Notice of Award will be
deemed acceptable to Owner and Engineer.
1.14 PERFORMANCE AND OTHER BONDS:
A. Security for Faithful Performance: Simultaneously with his
delivery of the executed contract, the Contractor shall
furnish a surety bond or bonds as security for faithful
performance of this contract and for the payment of all
persons performing labor on the project under the contract
and furnishing materials in connection with this contract.
The surety on such bond or bonds shall be by a duly
authorized surety company, satisfactory to the Owner.
Bonds shall remain in effect through the guarantee period
unless otherwise required by State Law. Seal impressions
will be required on all bonds submitted to Owner.
B. Power of Attorney~ Attorneys-in-fact, who sign contract
bonds, must file with each bond a certified and effectively
dated copy of their power of attorney.
C. Laws and Regulations: The bidder's attention is directed
to the fact that all applicable state laws, municipal
ordinances and the rules and regulations of all authorities
having jurisdiction over construction of the project shall
apply to the Contract throughout and they will be deemed to
be included in the Contract the same as though herein
written out in full.
GINN, INC. CONSULTING ENGINEERS BETHEL SCHOOL ROAD/PELICAN LANE
DALLAS, TEXAS PROJECT NO.89416 CITY OF COPPELL, TEXAS
DIVISION 0 - BIDDIN~ ~ CONTI~CT REOUIREHENTS P~GE
SECTION 00~00 - INSTRUCTIONS TO B~DDERS 00L00-~0
1.15 SIGNING OF AGREEMENT:
When Owner gives a Notice of Award to the Successful Bidder,
it will be accompanied by at least six unsigned counterparts
of the Agreement and all other Contract Documents. Within
fifteen (15) days thereafter, Contractor shall sign and
deliver at least six counterparts of the Agreement to Owner
with all other Contract Documents attached. Within ten (10)
days thereafter, Owner will deliver all fully signed
counterparts to Contractor. Engineer will identify those
portions of the Contract Documents not fully signed by Owner
and Contractor and such identification shall be binding on
all parties.
PART 2 - PRODUCTS
Not Used
PART 3 - EXECUTION
Not Used
END OF SECTION
GINN, INC. CONSULTING ENGINEERS BETHEL SCHOOL ROAD/PELICaN LANE
DALLAS, TEXAS PROJECT NO.89416 CITY OF COPPELL, TEXAS
DIVISION 0 - BIDDING ~tND CONTRACT REOUIREMENTS PAGE
SECTION 00110 - GENEI~AL INSTRUCTIONS FOR BONDS 00110-1
PART I - GENEI~AL
1.1 GENERAL:
A. The surety on each bond must be a responsible surety
company which is qualified to do business in Texas and
satisfactory to the Owner.
B. The name, including full Christian name, and residence of
each individual party to the bond shall be inserted in
the body thereof, and each such party shall sign the bond
with his usual signature on the line opposite the scroll
seal, and if signed in Maine, Massachusetts or New
Hampshire, an adhesive seal shall be affixed opposite the
signature.
C. If the principals are partners, their individual names
will appear in the body of the bond, with the recital
that they are partners composing a firm, naming it, and
all the members of the firm shall execute the bond as
individuals.
D. The signature of a witness shall appear in the
.- appropriate place, attesting the signature of each
individual party to the bond.
· - E. If the principal or surety is a corporation, the name of
the state in which incorporated shall be inserted in the
appropriate place in the body of the bond, and said
instrument shall be executed and attested under the
corporate seal, the fact shall be stated, in which case a
scroll or adhesive seal shall appear following the
corporate name.
F. The official character and authority of the person or
persons executing the bond for the principal, if a
corporation, shall be certified by the secretary or
assistant secretary according to the form attached
hereto. In lieu of such certificate, records of the
corporation as will show the official character and
authority of the officer signing, duly certified by the
secretary or assistant secretary, under the corporate
seal, to be true copies.
G. The date of this bond must not be prior to the date of
the contract in connection with which it is given.
END OF SECTION
GINN, INC. CONSULTING ENGINEERS BETHEL SCHOOL ROAD/PELICAN LANE
DALLAS, TEXAS PROJECT NO.89416 CITY OF COPPELL, TEXAS
DIVIS%ON 0 - BIDDING AND CONTRACT REQUIREMENTS PAGE
S~CTION 00300 - PROPOSAL AND BID FORM 00300-1
BID FOR: BETHEL SCHOOL ROAD/PELICAN LANE
DRAINAGE IMPROVEMENTS, COPPELL, TEXAS
THIS BID SUBMITTED TO:
CITY OF COPPELL
255 PARKWAY BOULEVARD
P.O. BOX 248
COPPELL, TEXAS 75019
Gentlemen:
The BIDDER, in compliance with your invitation for bids for the
above referenced project, having examined the plans and specifi-
cations with related documents including any Addenda, (if issued)
and the site of the proposed work, and being familiar with all
of the conditions surrounding the construction of the proposed
project including the availability of materials and labor,
hereby proposes to furnish all labor, materials, and supplies,
and to construct the project in accordance with the Contract
Documents, of which this proposal is a part.
The undersigned BIDDER proposes and agrees, if this Bid is
accepted, to enter into an agreement with OWNER in the form
included in the Contract Documents to perform and furnish all
Work as specified or indicated in the Contract Documents for the
Contract Price and within the Contract Time indicated in this Bid
and in accordance with the other terms and conditions of the
Contract Documents.
This Bid will remain subject to acceptance for ninety (90) days
after the day of Bid opening. BIDDER will sign and submit the
Agreement with the Bonds and other documents required by the
Bidding Requirements within fifteen (15) days after the date of
OWNER's Notice of Award.
The undersigned, as BIDDER, declares that the only person or
parties interested in this proposal as principals are those named
herein, that this proposal is made without collusion with any
other person, firm or corporation; that he has carefully examined
the form of Contract, Specifications, and the Plans herein
referred to and has carefully examined the locations, conditions
and classes of materials called for in the Contract Documents and
Specifications in the manner prescribed and according to
the requirements of the Owner as herein set forth.
This Bid is genuine and not made in the interest of or on behalf
of any undisclosed person, firm, or corporation and is not
submitted in conformity with any agreement or rules of any group,
association, organization or corporation. BIDDER has not directly
or indirectly induced or solicited any other Bidder to submit a
false Bid. BIDDER has not solicited or induced any person, firm,
GINN, INC. CONSULTING ENGINEERS BETHEL SCHOOL ROAD/PELICAN LANE
DALLAS, TEXAS PROJECT N0.89416 CITY OF COPPELL, TEXAS
DIVISION 0 - BIDDING ~ND CONTRACT REOUIREMENTS PAGE
SECTION 00300 - PROPOSAL AND BID FORM 00300-2
or corporation to refrain from bidding; and BIDDER has not sought
by collusion to obtain for itself any advantage over any other
Bidder or over Owner.
BIDDER hereby agrees to commence work under this Contract on or
before a date to be specified in written "Notice to Proceed" by
the OWNER and to fully complete the project within 60
consecutive calendar days thereafter as stipulated in the
Specifications. BIDDER further agrees to pay as liquidated
damages, the sum of $250.00 for each consecutive calendar day
thereafter.
Accompanying this proposal is a (Certifie~or~-_Cashier's Check
payable to the City of Coppell, Texas) (~i~ Bon~) in the amount
of ($ $800.00 ), which is five percent ~%~--of the greatest
amount bid.
BIDDER acknowledges receipt of the following
addendum: (If none-issued, indicate N/A)
ADDENDA # N/A DATE
ADDENDA # N/A DATE
BIDDER agrees to perform all the work described in the
Specifications and as shown on the Plans for the following lump
sum price and unit prices:
(Amounts are to be shown in both words and figures. In case of
discrepancy, the amount shown in words will govern.)
SITE I - BETHEL SCHOOL ROAD / FALCON LANE
(BASE BID AND ALL ALTERNATES: )
LUMP SUM CONTRACT PRICE:
_Fifty Seven Thousand Three Hundred Sixty Seven
Dollars and No Cents
(WORDS)
$ 57,367.00 (FIGURES)
SUMMARY - SITE 1
BASE BID .................................. $ 28,427.00
ALTERNATE NO. IA .......................... $ 7,255.00
ALTERNATE NO. lB .......................... $ 4,885.00
ALTERNATE NO. lC .......................... $ 4,400.00
ALTERNATE NO. 2 ........................... $ 12,400.00
GINN, INC. CONSULTING ENGINEERS BETHEL SCHOOL ROAD/PELICaN LANE
DALLAS, TEXAS PROJECT NO.89416 CITY OF COPPELL, TEXAS
DIVISION 0 - BIDD'rN~ I~ID CONTRACT REou'rREMENTS PAGE
SECTION 00300 - PROPOSAL AND BID FORN 00300-3
SITE 2 - PELICAN ROAD (BASE BID AND ALL ALTERNATES)
LUMP SUM CONTRACT PRICE:
Forty Six Thousand Two Hundred Forty Seven
Dollars and No Cents
(WORDS)
$ 46,247.00 (FIGURES)
SUMMARY - SITE 2
BASE BID .................................. $ 36,002.00
ALTERNATE NO. IA .......................... $ 3,595.00
ALTERNATE NO. lB .......................... $ 3,550.00
ALTERNATE NO. 2 ........................... $ 3,100.00
SITE 3 - PELICAN L~NE / BLUE JAY
LUMP SUM CONTRACT PRICE:
Twelve Thousand Three Hundred Sixty
Dollars and No Cents
(WORDS)
$ 12,360.00 (FIGURES)
BIDDER agrees to provide the following documents which are
attached to and made a condition of this Bid:
a. Required Bid security in the form requested.
b. A Breakdown of Estimated Costs as required.
BIDDER understands that the OWNER reserves the right to reject
any or all bids and to waive any informalities in the bidding.
The BIDDER agrees that this bid shall be good and may not
be withdrawn for a period of ninety (90) calendar days after
the scheduled closing time for receiving bids.
GINN, INC. CONSULTING ENGINEERS BETHEL SCHOOL ROAD/PELIC~uN L~NE
DALLAS, TEXAS PROJECT NO.89416 CITY OF COPPELL, TEXAS
DIVISION 0 - BIDDING ~ND CONTRACT REOUIREMENTS PAGE
SECTION 00300 - PROPOSAL ~ND BID FORM 00300-4
Upon receipt of written notice of the acceptance of this bid,
BIDDER will execute the formal Contract attached within fifteen
(15) days and deliver a Surety Bond or Bonds as required.
Respectfully submitted,
S.Y.B. Con.~trllet~n C,n. , The.
(Firm)
Title: President
(SEAL-if bid is by a
corporation) P.O. Box 13614
( Business Address)
Arlington, Texas 76094
817-261-0226
(Telephone Number)
END OF PROPOSAL
GINN, INC. CONSULTING ENGINEERS BETHEL SCHOOL ROAD/PELICAN LANE
DALLAS, TEXAS PROJECT NO.89416 CITY OF COPPELL, TEXAS
DIVISION 0 - BIDDING AND CONTRACT REOUIREMENTS PAGE
SECTION 00470 - BREAKDOWN OF ESTIMATED COSTS 00470-1
PART i - GENERAL (TO BE SUBMITTED WITH BID PROPOSAL)
1.1 CONTRACTOR'S COST BREAKDOWN
A. Concurrently with the submittal of bids for all the
work under this contract, each bidder(s) shall
furnish to the Engineer, in writing, a breakdown of
costs for the bid items, Complete, indicating the
amounts included in his bid for the various features of
the work included as listed below. The sum of the
individual amounts shall equal the total amount bid:
SITE 1-BETHEL SCHOOL ROAD / FALCON L~NE
1. Bonds, insurance, permits,
licenses, etc. $ 1672.00
2. Move-in expenses, field engineering,
surveying, temporary facilities,
barricades, trench safety, etc. $ 1000.00
3. Other expenses $
4. 10' Curb Inlet (Fi), including: $ 4100.00
Remove/replace 16 L.F. conc. curb/gutter.
Remove/replace 3.6 S.Y. conc. pavement
and base material.
Tie to existing inlet.
20 L.F. water line lowering.
Sprinkler repair, sodding and landscaping.
5. 10' Curb Inlet (F2), including: $ 3140.00
Remove/replace 16 L.F. conc. curb/gutter.
Remove/replace 3.6 S.Y. conc. pavement
and base material.
Tie to existing inlet.
Sprinkler repair, sodding and landscaping.
6. 10' Curb Inlet (Bi), including: $ 3800.00
Remove/replace 13 L.F. conc. curb/gutter.
Remove/replace 2.9 S.Y. conc. pavement
and base material.
Tie to existing inlet.
20 L.F. water line lowering.
Sprinkler repair, sodding and landscaping.
7. 10' Curb Inlet (B2), including: $ 4300.00
Remove/replace 18 L.F. conc. curb/gutter.
Remove/replace 4.0 S.Y. conc. pavement
and base material.
Tie to existing inlet.
20 L.F. water line lowering.
Sprinkler repair, sodding and landscaping.
GINN, INC. CONSULTING ENGINEERS BETHEL SCHOOL ROAD/PELICAN LANE
DALLAS, TEXAS PROJECT NO.89416 CITY OF COPPELL, TEXAS
DIVISION 0 - BIDDING ~ND CONTRACT REOUIREMENTS PAGE
CECTION 00470 - BREAKDOWN OF ESTIMATED COSTS 00470-2
8. 10' Curb Inlet (B3), including: $ 3965.00
Remove/replace 20 L.F. conc. curb/gutter.
Remove/replace 16.0 S.¥. conc. pavement
and base material.
Tie to existing 18" RCP.
Sprinkler repair, sodding and landscaping.
15 L.F. -18" RCP, Class III Pipe.'
9. 20' Curb Inlet (B4), including: $ 6450.00
Remove/replace 25 L.F. conc. curb/gutter.
Remove/replace 30.0 S.Y. conc. pavement
and base material.
Tie to existing 21" RCP
20 L.F.-18" RCP, Class III.
Sprinkler repair, sodding and landscaping.
10. ALTERNATE NO. lA $ 7255.00
10' Curb Inlet (BS), including:
Remove/replace 22 L.F. conc. curb/gutter.
Remove/replace 35 S.Y. conc. pavement
and base material.
Tie to existing 18" RCP.
25 L.F. water line lowering.
50 L.F. - 18" RCP, Class III.
Sprinkler repair, sodding and landscaping.
11. ALTERNATE NO. lB $ 4885.00
10' Curb Inlet (B6), including:
Remove/replace 20 L.F. conc. curb/gutter.
Remove/replace 16 S.Y. conc. pavement
and base material.
Tie to existing 18" RCP.
15 L.F. water line lowering.
15 L.F. - 18" RCP, Class III.
Sprinkler repair, sodding and landscaping.
12. ALTERNATE NO. lC $ 4400.00
5' Curb Inlet (F3), including:
Remove/replace 10 L.F. conc. curb/gutter.
Remove/replace 2.5 S.Y. conc. pavement
and base material.
75 L.F. - 18" RCP, Class III.
Sprinkler repair, sodding and landscaping.
13. ALTERNATE NO. 2 $ 12400.00
Remove existing headwall.
Install 150 L.F. 30" RCP, Class III.
Install Type "B" Headwall.
Ditch Improvements, grade to drain.
Repair sodding and landscaping.
GINN, INC. CONSULTING ENGINEERS BETHEL SCHOOL ROAD/PELICAN LANE
DALLAS, TEXAS PROJECT NO.89416 CITY OF COPPELL, TEXAS
DIVISION 0 - BIDDING ~%ND CONTRACT REOUIREMENTS PAGE
~ECTION 004?0 - BREAKDOWN OF ESTIMATED COSTS 004?0-3
SITE 2 - PELICAN LANE
1. Bonds, insurance, permits,
licenses, etc. $ 1462.00
2. Move-in expenses, field engineering,
surveying, temporary facilities,
barricades, trench safety, etc. $ 1000.00
3. Other expenses $ -0-
4. 10' Curb Inlet (N1), including: $ 4295.00
Remove/replace 22 L.F. conc. curb/gutter.
Remove/replace 5.0 S.Y. conc. pavement
and base material.
Tie to existing inlet.
15 L.F. - 18" RCP, Class III
Relocate existing water meter and valve box.
Repair concrete walk.
Sprinkler repair, sodding and landscaping.
5. 10' Curb Inlet (N2), including: $ 3250.00
Remove/replace 20 L.F. conc. curb/gutter.
Remove/replace 4.5 S.Y. conc. pavement
and base material.
Tie to existing inlet.
Sprinkler repair, sodding and landscaping.
6. 20' Curb Inlet (Si), including: $ 25995.00
Remove/replace 28 L.F. conc. curb/gutter.
Remove/replace 6.5 S.Y. conc. pavement
and base material.
175 L.F. - 30" RCP, Class III
3-12" Diam. grate inlets.
Type "B" headwall, for 30" pipe
Ditch improvements, grade to drain.
Planter bed removal.
Wood fence removal and relocation.
Sidewalk repair.
Sprinkler repair, sodding and landscaping.
7. ALTERNATE NO. iA $ 3595.00
10' Curb Inlet (N3), including:
Remove/replace 22 L.F. conc. curb/gutter.
Remove/replace 5.0 S.Y. conc. pavement
and base material.
Tie to existing 18" RCP.
15 L.F. - 18" RCP, Class III.
Sprinkler repair, sodding and landscaping.
GINN, INC. CONSULTING ENGINEERS BETHEL SCHOOL ROAD/PELICAN LANE
DALLAS, TEXAS PROJECT NO.89416 CITY OF COPPELL, TEXAS
DIVISION 0 - BIDDING AND CONTRACT REOUIREMENTS PAGE
~EcTION 00470 - BREAKDOWN OF ESTIMATED COSTS 00470-4
8. ALTERNATE NO. lB $ 3550.00
10' Curb Inlet (S2), including:
Remove/replace 20 L.F. conc. curb/gutter.
Remove/replace 4.5 S.Y. conc. pavement
and base material.
Tie to existing 30" RCP.
10 L.F. - 18" RCP, Class III.
Sprinkler repair, sodding and landscaping.
9. ALTERNATE NO. 2 $ 3100.00
120 L.F. - 8" PVC Drain.
4" Diam. PVC curb drains.
Sprinkler repair, sodding and landscaping.
SITE 3 - PELICAN L~NE / BLUE JAY
1. Bonds, insurance, permits, $ 360.00
licenses, etc.
2. Move-in expenses, field engineering, $ 1000.00
surveying, temporary facilities,
barricades, trench safety, etc.
3. Other expenses $ -0-
4. 10' Curb Inlet, 4' depth. $ 11000.00
Remove/replace 20 L.F. conc. curb/gutter.
Remove/replace 10 S.Y. conc. pavement
and base material
175 L.F. - 30" RCP, Class III.
Type "B" Headwall, for 30" RCP
Ditch improvements, grade to drain.
Sodding and landscaping repair.
END OF SECTION
GINN, INC. CONSULTING ENGINEERS BETHEL SCHOOL ROAD/PELICAN LANE
DALLAS, TEXAS PROJECT N0.89416 CITY OF COPPELL, TEXAS
Gramercy Insurance Company
Houston, Texas
BID BOND
BOND NO. 422490031
KNOW ALL MEN BY THESE PRESENTS:
That we, SYB Construction Co.,-. inc.
, as Principal, and
GRAMERCY INSURANCE COMPANY, 1001 Texas Avenue #240, Houston, Texas, 77002, as
Surety, are held and firmly bound unto City of Coppell
, as ObliEee, in the
penal.sum of not to exceed 5% of the bid not to exceed
Dollars, ($ 5,800.00 ), lawful money of the United States of America, for
the payment of which, well and truly to be made, we bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly
by these presents.
WHEREAS, the said Principal has herewith submitted a bid proposal for
Storm Drainaqe
NOW THEREFORE, the condition of the above obligation is such that if
Principal shall execute a contract and give bond for the faithful performance
thereof within sixty (60) days after being notified in writing of the award of
such contract to Principal, or if the Principal or Surety shall pay the Obligee
the sum, not exceeding the penal sum hereof, by which the amount of the contract
covering the said proposal, properly and lawfully executed by and between the
Obligee and the third party, may exceed the amount bid by Principal, then this
obligation shall be void; otherwise to remain in full force and effect.
Provided, however, that neither Principal nor Surety shall be bound hereunder
unless the Obligee, prior to the Principal's execution of the contract, shall
furnish evidence satisfactory to Principal and Surety that financing has been
firmly committed to cover the entire cost of said contract; and further provided,
however, that if said contract is not awarded within sixty (60) days of date of
bid opening, this bond shall be void and of no force and effect.
SIGNED, sealed and dated this 20 day of June , 19 89 .
SYB CONSTRUCTION CO., INC. Principal
Title:
GRA~..R~;Y INSURANCE C~/NY .-
Attorney-in-fac~ ' Yvonne tIa~
-GRAMERCY INSURANCE COMPANY N _o /[ 2 2 4 9 0 0 3 ~
11111 Katy Freeway, Suite 1000
Houston, Texas 77079
POWER OF A'FI'ORNEY
KNOW ALL MEN BY THESE PRESENTS:
That Gramercy Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas, having its principal office in
Houston, Texas, pursuant to the following resolution which is now in full force and effect:
"That each of the following officers: Chairman, President, Executive Vice President, any Vice President, Secretary, any Assistant Secretary, may
from time to time appoint Attorneys-in-Fact, and Agents to act for and on behalf of the Company and may give any such appointee such authority
as his certificate of authority and other writings obligatory in the nature of a bond, and any of said officers of the Board of Directors may at any
time remove any such appointee and revoke the power and authority given him," does hereby make, constitute and appoint:
FATE SU'I'rON OR Y-VONNE HARMON
its true and lawful attorney(s)-in-Fact, with full power and authority hereby conferred in its name, p{ace and stead, to sign, execute, acknowledge
and deliver in its behalf, and as its act and deed, as follows:
All bonds except Bail Bonds and not to exceed on any single instrument ($7S, OOO. 00)
SEVENTY FIVE THOUSAND AND NO/lO0.
IN WITNESS WHEREOF, The Gramercy Insurance Company has caused these presents to be signed by its President, and its Corporate Seal to
be affixed, this 21st day of December, 1988.
On this 21 st day of December, 1988, before me, a Notary Public of the State of Texas
came Brian A. Lewis to me personally known to be the individual and officer described
herein, and who executed the preceding instrument, and acknowledged the execution of
the same, and being by me duly sworn, deposed and said, that he is the officer of said
Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate
Seal of said Company, and the said Corporate Seal and signature as an officer were duly ' - -
affixed and subscribed to the said instrument by the authority and direction of the said ~ ~~
Corporation, and that the resolution of said Company, referred to in the preceding
instrument, is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my official Notary Public, State of Texas
seal at Houston, Texas, the day and year above written. My Commission Expires: 3-29-93
CERTIFICATE
l, the undersigned, Secretary of Gramercy Insurance Company, a Corporation of the State of Texas, DO HEREBY CERTIFY that the foregoing
and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Resolution
of the Board of Directors, as set forth in the Certificate of Authority, are now in force.
Signed and Sealed at the said Company at Houston, Texas, dated this 20 day of June ,19 89
JohnS. Malsel, Secreta y
TABLE OF CONTENTS
FOR
GENERAL CONDITIONS OF AGRF2g~
1. Definition of Terms Page
1.01 Owner, Contractor and Engineer ...................... G-1
1.02 Contract Documents .......................... G-1
1.03 Sub-Contractor . .. .......................... G-1
1.04 Written Notice ............................ G-1
1.05 Work ................................ G-1
1.06 Extra Work .............................. G-1
1.07 Working Day ............................. G-1
1.08 Calendar Day ............................. G-1
1.09 Substantially Completed ......................... G-1
2. Responsibilities of the Engineer and the Contractor
2.01 Owner-Engineer Relationship ....................... G-2
2.02 Professional Inspection by Engineer .................... G-2
2.03 Payments for Work ...................... · ..... G-2
2.04 Initial Determinations .......................... G-2
2.05 Objections .............................. G-2
2.06 I.ir~es and Grades ........................... G-2
2.07 Contractor's Duty and Superintendence ................... G-2
2.08 Contractor's Understanding ........................ G-3
2.09 Character of Workmen ......................... G-3
-' 2.10 Contractor's Buildings ......................... G-3
2.11 Sanitation .............................. G-4
2.12 Shop Drawings ............................ G-4
2.13 Preliminary Approval .......................... G-4
2.14 Defects and Their Remedies ....................... G-4
.2.15 Changes and Alterations ......................... G-5
3. General Obligations and Responsibilities
3.01 Keeping of Plans and Specifications Accessible ................ G-5
3.02 Ownership of Drawings ......................... G-5
3.03 Adequacy of Design .......................... G-5
I].04 Right of Entry ............................. G-5
3.05 Collateral Contracts ........................... G-5
3.06 Discrepancies and Omissions ....................... G-5
3.07 Equipment, Materials and Construction Plant ................. G-5
3.08 Damages ............................... G-6
3.09 Protection Against Accident to Employees and the Public ............ G-6
3.10 Performance and Payment Bonds .........................
3.11 Losses from Natural Causes ............................ G-6
3.12 Protection of Adjoining ?roperty ......................... ·
3.13 Protection Against Claims of Sub-Contractors, Etc ................. G-6
3.14 Protection Against Royalties or Patented Invention ................ G-7
3.15 Laws and Ordinances ............................... G-7
3.16 Assignment and Subletting ............................ G-7 __
3.17 Indemnification ................................. G-7
3.18 Contractor's Liability Insurance ......................... (}-8
3.18.1 Certificate of Insurance ............................. (}-8
4. Prosecution and Progress
4.01 Time and Order of COmpletion .......................... (}-8
4.02 Extension of Time ................................ (3-9
4.03 Hindrances and Delays .............................. G-9
5. Measurement and Payment
5.01 Quantities and Measurements ........................... G-9 --
5.02 Estimated Quantities ...............................
5.03 Price of Work ................................... G-9
5.04 Partial Payment ..................................
5.05 Use of Completed Portions ............................
5.06 Final Completion and Acceptance ........................
5.07 Final Payment ..................................
5.08 Payments Withheld ................................ C_~10
5.09 Delayed Payments ................................
6. Extra Work and Claims
6.01 Change Orders ................................... G~ll
6.02 Minor Changes ..................................
6.03 Extra Work .................................... G-II
6.04 Time of Filing Claims .............................. (}-12
6.05 Arbitration ..................................... G-12
7. Abandonment of Contract
7.01 Abandonment by Contractor ........................... G-13
7.02 Abandonment by Owner ............................. (}-14
GENERAL CONDITIONS OF AGREEMENT
1. DEFINITIONS OF TERMS
1.01 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and
the ENGINEER are those persons or organizations identified as such in the Agreement and are
referred to throughout the Contract Documents as if singular in number and masculine in gender.
The term ENGINEER means the ENGINEER or his duly authorized representative. The ENGI-
NEER shall be understood to be the ENGINEER of the OWNER, and nothing contained in the
Contract Documents shall create any contractual or agency relationship between the ENGINEER
and the CONTRACTOR.
1.02 CONTRACT DOCUMENTS. The Contract Documents shall consist of the Notice to
Contractors (Advertisement), Special Conditions (Instructions to Bidders), Proposal, signed
Agreement, Performance and Payment Bonds (when required), Special Bonds (when required),
General Conditions of the Agreement, Technical Specifications, Plans, and all modifications thereof
incorporated in any of the documents before the execution of the agreement.
The Contract Documents are complementary, and what is called for by any one shall be as
binding as if called for by all. In case of conflict between any of the Contract Documents. priori:y
of interpretation shall be in the following order: Signed Agreement, Performance and Payment
Bonds, Special Bonds (if any), Proposal, Special Conditions of Agreement, Notice to Contractors,
Technical Specifications. Plans, and Genera] Conditions of Agreement.
1.03 SUB-CONTRACTOR. The term Sub-Contractor, as employed herein, includes
those having a direct contract with the CONTRACTOR and it includes one who furnishes materl.~l
worked to a special design according to the plans or specifications of this work, but does not
include one who merely furnishes material not so worked.
1.04 WRITTEN NOTICE. Written notice shall be deemed to have been duly served if
delivered in oerson to the individual or to a member of the firm or to an officer of the corporation
for whom it is intended, or if delivered at or sent by registered, mail to the last business address
known to him who gives the notice.
1.05 WORK. The CONTRACTOR shall provide and pay for all materials, supplies, machin-
ery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel.
transportation and other facilities necessary for the execution and completion of the work covered
by the contract documents. Unless otherwise specified, all materials shall be new and both
workmanship and materials shall be of a good quality. The CONTRACTOR shall, if required,
furnish satisfactory evidence as to the kind and quality of materials. Materials or work described
in words which so applied have a well known technical or trade meaning shall be held to refer to
such recognized standards.
1.06 EXTRA WORK. The term "Extra Work" as used in this contract shall be understood
to mean and include all work that may be required by the ENGINEER or OWNER to be done by
the CONTRACTOR to accomplish any change, alteration or addition to the work shown upon the
plans, or reasonably implied by the specifications, and not covered by the CONTRACTOR'S
Proposal, except as provided under "Changes and Alterations", herein.
1.07 WORKING DAY. A "Working Day" is defined as any day not including Saturdays,
Sundays or any legal holidays, in which weather or other conditions, not under the control of
the CONTRACTOR, will permit construction of the principal units of the work for a period of
not less than seven (7) hours between 7:00 a.m. and 6:00 p.m.
1.08 CALENDAR DAY. "Calendar Day" is any day of the week or month, no days being
excepted.
1.09 SUBSTANTIALLY COMPLETED. By the term "substantially completed" is meant
that the structure has been made suitable for use or occupancy or the facility is in condition to
ser~e its intended purpose, but still may require minor mLscellaneous work and adjustment.
2. RESPONSIBILITIES OF THE ENGINEER AND THE CONTRACTOR
2.01 OWNER-ENGINEER RELATIONSHIP. The ENGINEER will be the OV~ER'S
representative during construction. The duties, responsibilities and limitations of authority of the
ENGINEER as the OWNER'S representative during construction are as set forth in the Contract
Documents and shall not be extended or limited without written consent of the OWNER and
ENGINEER. The ENGINEER ~ill advise and consult with the OWNER, and all of OWNER'S
instructions to the CONTRACTOR shall be issued through the ENGINEER.
2.02 PROFESSIONAL INSPECTION BY ENGINEER. The ENGINEER shall make
periodic visits to the site to familiarize himself generally with the progress of the executed work
and to determine if such work generally meets the essential performance and design features and
the technical and functional engineering requirements of the Contract Documents; provided and
except, however, that the ENGINEER shall not be responsible for making any detailed, exhaus-
t~ve. comprehensive or continuous on-site inspection of the quality or quantity of the work or be in
any way responsible, directly or indirectly, for the construction means, methods, techniques, se-
queaces, quality, procedures, programs, safety precautions or lack of same incident thereto or in
connection therewith. Notwithstanding any other provision of this agreement or any other Contract
Document. the ENGINEER shall not be in any way responsible or liable for any acts, errors.
omissions or negligence of the CONTRACTOR. any subcontractor or any of the CONTRACTOR'S
or subcontractor's agents, servants or employees or any other person, firm or corporation perform-
ing or attempting to perform any of the work.
2.03 PAYMENTS FOR WORK. The ENGINEER shall review CONTRACTOR'S applications
~'or payment and supporting data. determine the amount owed to the CONTRACTOR and approve,
in writing, payment to CONTRACTOR in such amounts: such approval of payment to CONTRAC-
TOR constitutes a representation to the OWNER of ENGINEER'S professional judgment that the
work has progressed to the point indicated to the best of his knowledge, information and belief.
but such approva, l of an application for payment to CONTRACTOR shall not be deemed as a
representatiov by ENGINEER that ENGINEER has made any examination to determine hob' or
for what purpose CONTRACTOR has used the moneys paid on account of the Contract price.
2.04 INITIAL DETERMINATIONS. The ENGINEER initially shall determine all claims.
disputes and other matters in question between the CONTRACTOR and the OYSTER relating
the execution or progress of the work or the interpretation of the Contract Documents and the
ENGINEER'S decision shall be rendered in writing within a reasonable time. Should the ENGI-
NEER fail to make such decision within a reasonable time, appeal to arbitration may be taken
as if his decision had been rendered against the party appealing.
2.05 OBJECTIONS. In the event the ENGINEER renders any decision which, in the
opinion of either party hereto, is not in accordance with the meaning and intent of this contract,
either party may file with the ENGINEER within thirty days his written objection to the decision,
and by such action may reserve the right to submit the question so raised to arbitration as
hereinafter provided.
2.06 LINES AND GRADES. Unless otherwise specified, all lines and grades shall be
furnished by the ENGINEER or his representative. Whenever necessary, construction work shall
be suspended to permit performance of this work, but such suspension will be as brief as practicable
and the CO,NTRACTOR shall be allowed no extra compensation therefor. The CONTRACTOR
shall give the ENGINEER ample notice of the time and place where lines and grades will be needed.
All stakes, marks, etc., shall be carefully preserved by the CONTRACTOR, and in case of careless
destruction or removal by him or his employees, such stakes, marks, etc., shall be replaced at the
CONTRACTOR'S expense.
2.07 CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give
adequate attention to the faithful prosecution and completion of this contract and shall keep on
the work, during its progress, a competent superintendent and any necessary assistants. The
superintendent shall represent the CONTRACTOR in his absence and all directions given to
shall be as binding as if given to the CONTRACTOR.
The CONTRACTOR is and at all times shall remain an independent contractor, solely
responsible for the manner and method of completing his work under this contract, with full
power and authority to select the means, method and manner of performing such work, so long as
such methods do not adversely affect the completed improvements, the OWNER and ENGINEER
being interested only in the result obtained and conformity of such completed improvements to
the plans, specifications and contract.
Likewise, the CONTRACTOR shall be solely responsible for the safety of himself, his employ-
ecs and other persons, as well as for the protection of the safety of the improvements being erected
and the property of himself or any other person, as a result of his operations hereunder. Engineer-
ing construction drawings and specifications as well as any additional information concerning the
work to be performed passing from or through the ENGINEER shall not be interpreted as
requiring or allowing CONTRACTOR to deviate from the plans and specifications, the intent of
such drawings, specifications and any other such instructions being to define with particularity the
agreement of the parties as to the work the CONTRACTOR is to perform. CONTRACTOR shall be
fully and completely liable, at his own expense, for design, construction, installation and use, or
non-use, of all items and methods incident to performance of the contract, and for all loss, damage
or injury incident thereto, either to person or property, including, without limitation, the adequacy
of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precau-
tions or devices, and similar items or devices used by him during construction.
Any review of work in process, or any visit or observation during ~:onstruction, or any
clarification of plans and specifications, by the ENGINEER, or any agent, employee, or represen-
tative of either of them, whether through personal observation on the project site or by means of
approval of shop drawings for temporary construction or construction processes, or by other means
or method, is agreed by the CONTRACTOR to be for the purpose of observing the extent and
nature of work completed or being performed, as measured against the drawings and specifications
constituting the contract, or for the purpose of enabling CONTRACTOR to more fully understand
the plans and specifications so that the completed construction work will conform thereto, and
shall in no way relieve the CONTRACTOR from full and complete responsibility for the proper
performance of his work on the project, including but without limitation the propriety-of means
and methods of the CONTRACTOR in performing said contract, and the adequacy of any designs,
plans or other facilities for accomplishing such performance. Deviation by the CONTRACTOR
from plans and specifications that may have been in evidence during any such visitation or
observation by the ENGINEER, or any of his representatives, whether called to the CONTRAC-
TOR'S attention or not shall in no way relieve CONTRACTOR from his responsibility to complete
all work in accordance with said plans and specifications.
2.08 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the CON-
TRACTOR has, by careful examination, satisfied himself as to the nature and location of the work,
the conformation of the ground, the character, quality and quantity of the materials to be encoun-
tered, the character of equipment and facilities needed preliminary to and during the prosecution of
the work, the general and local conditions, and all other matters which can ;.n any way affect the
work under this contract. No verbal agreement or conversation with any officer, agent or employee
of the OWNER or ENGINEER either before or after the execution of this contract, shall affect or
modify any of the terms or obligations herein contained.
2.09 CHARACTER OF WORKMEN. The CONTRACTOR agrees to employ only orderly
and competent men, skillful in the performance of the type of work required under this contract,
to do the work; and agrees that whenever the ENGINEER shall inform him in writing that any man
or men on the work are, in his opinion, incompetent, unfaithful or disorderly, such man or men
shall be discharged from the work and shall not again be employed on the work without the
ENGINEER'S written consent.
2.10 CONTRACTOR'S BUILDINGS. Tile building of structures for housing men, or the
erection of tents or other forms of protection, will be permitted only at such places as the
ENGINEER shall direct, and the sanitary conditions of the 'grounds in or about such structures
shall at all times be maintained in a manner satisfactory to the ENGINEER.
2.11 SANITATION. Necessary sanitary conveniences for the use of laborers on the work,
properly secluded from public observation, shall be constructed and maintained by the CONTRAC-
TOR in such manner and at such points as shall be approved by the ENGINEER, and their use
~hall be strictly enforced.
2.12 SHOP DRAWINGS. The CONTRACTOR shall submit to the ENGINEER, with such
promptness as to cause no delay in his own work or in that of any other Contractor, four checked
copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for
the work of the various trades, and the ENGINEER shall pass upon them with reasonable prompt-
ness, making desired corrections. The CONTRACTOR shall make any corrections required by the
ENGINEER, file with him two corrected copies and furnish such other copies as may be needed.
The ENGINEER'S approval of such drawings or schedules shall not relieve the CONTRACTOR
from responsibility for deviations from drawings or specifications, unless he has in writing called
the ENGINEER'S attention to such deviations at the time of submission, nor shall it relieve him
from responsibility for 'errors of any sort in shop drawings or schedules. It shall be the CONTRAC-
TOR'S responsibility to fully and completely review all shop drawings to ascertain their effect on
his ability to perform the required contract work in accordance with the plans and specifications
and within the contract time.
Such review by the ENGINEER shall be for the sole purpose of determining the sufficiency
of said drawings or schedules to result in finished improvements in conformity with the plans and
specifications, and shall not relieve the CONTRACTOR of his duty as an independent contractor
as previously set forth, it being expressly understood and agreed that the ENGINEER does not
assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or
any means or methods reflected thereby, in relation to the safety of either person or property
during CONTRACTOR'S performance hereunder.
2.13 PRELIMINARY APPROVAL. The ENGINEER shall not have the power to waive the
obligations of this contract for the furnishing by the CONTRACTOR of good material, and of
his performing good work as herein described, and in full accordance with the plans and specifica-
tions. No failure or omission of the ENGINEER to discover, object to or condemn any defective
work or material shall release the CONTRACTOR from the obligations to fully and .properly
perform the contract, including without limitations, the obligation to at once tear out, remove and
properly replace the same at any time prior to final acceptance upon the discovery of said defective
work or material; provided, however, that the ENGINEER shall, upon request of the CONTRAC-
TOR, inspect and accept or reject any material furnished, and in event the material has been once
accepted by the ENGINEER, such acceptance shall be binding on the OWNER, unless it can be
clearly shown that such material furnished does not meet the specifications for this work.
Any questioned work may be ordered taken up or removed for re-examination, by the
ENGINEER, prior to final acceptance, and if found not in accordance with the specifications for
said work, all expense of removing, re-examination and replacement shall be borne by the
CONTRACTOR, otherwise the expense thus incurred shall be allowed as EXTRA WORK, and
shall be paid for by the OWNER; provided that, where inspection or approval is specifically
required by the specifications prior to performance of certain v-~rk, should the CONTRACTOR
proceed with such work without requesting prior inspection or a~.proval he shall bear all expense of
taking up, removing, and replacing this work if so directed by the ENGINEER.
2.14 DEFECTS AND THEIR REMEDIES. It is further agreed that if the work or any part
thereof, or any material brought on the site of the work for use in the work or selected for the
same, shall be deemed by the ENGINEER as unsuitable or not in conformity with the speci-
fications, the CONTRACTOR shall, after receipt of written notice thereof from the ENGINEER,
forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in
full accordance with this contract.
2.15 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that the OV,.'NER
may make such changes and alterations as the OWNER may see fit, in the line, grade, form,
dimensions, plans or materials for the work herein contemplated, or any part thereof, either before
or after the beginning of the construction, without affecting the validity of this contract and the
accompanying Performance and Payment Bonds.
G-4 c ..............
If such changes or alterations diminish the quantity of the work to be done, they shall not
constitute the basis for a claim for damages, or anticipated profits on the work that may be
dispensed with, except as provided for unit price items under Section 5 "Measurement and Pay-
ment." If the amount of work is increased, and the work can fairly be classified under the speci-
fications, such increase shall be paid for according to the quantity actually done and at the unit
price, if any, established for such work under this contract, except as provided for unit price
items under Section 5 "Measurement and Payment;" otherwise, such additional work sh'all be paid
for as provided under Extra Work. In case the OWNER shall make such changes or alterations as
shall make useless any work already done or material already furnished or used in said work,
then the OV~ER shall recompense the CONTRACTOR for any material or labor so used,
and for any actual loss occasioned by such change, due to actual expenses incurred in preparation
for the work as originally planned.
3. GENERAL OBLIGATIONS AND RESPONSIBILITIES
3.01 KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE. The ENGINEER shall
furnish the CONTRACTOR with an adequate and reasonable number of copies of all plans and
specifications without expense to him, and the CONTRACTOR shall keep one copy' of the sa. ~e
constantly accessible on the work, with the latest revisions noted thereon.
3.02 OWNERSHIP OF DRAWINGS. All drawings, specifica~Ao~s and copies thereof furnished
by the ENGLNEER shall not be reused on other work, and, with the exception of the signed
contract sets, are to be returned to him on request, at the completion of the work. Ail models are
the property of the OWNER.
3.03 ADEQUACY OF DESIGN. It is understood that the OWNER believes it has employed
competent engineers and designers. It is, therefore, agreed that the OWNER shall be responsible for
the adequacy of the design, sufficiency of the Contract Documents, the safety of the structure and
the practicability of the operations of the completed project; provided the CONTRACTOR has
complied with the requirements of the said Contract Documents, all approved modifications
thereof, and additions and alterations thereto approved in writing by the O~,','NER. The burden of
proof of such compliance shall be upon the CONTRACTOR to show that he has complied with the
said requirements of the Contract Documents, approved modifications thereof and all approved
additions and alterations thereto.
3.04 RIGHT OF ENTRY. The OV~ER resets'es the right to enter the property or location
on which the works herein contracted for are to be constructed or installed, by such agent or agents
' ' as he may elect, for the purpose of inspecting the work, or for the purpose of constructing or
installing such collateral work as said OWNER may desire.
3.05 COLLATERAL CONTRACTS. The OWNER agrees to provide by separate contract or
otherwise, all labor and material essential to the completion of the work specifically excluded from
this contract, in such manner as not to delay the progress of the work, or damage said CONTRAC-
TOR, except where such delays are specifically mentioned elsewhere in the Contract Documents.
3.06 DISCREPANCIES AND OMISSIONS. It is further agreed that it is the intent of this
contract that all work must be done and all material must be furnished in accordance with the
generally accepted practice, and in the event of any discrepancies between the separate contract
documents, the priority of interpretation defined under "Contract Documents" shall govern. In
the event that there is still any doubt as to the meaning and intent of any portion of the contract,
specifications or drawings, the ENGINEER shall define which is intended to apply to the work.
3.07 EQUIPMENT, MATERIALS AND CONSTRUCTION PLANT. The CONTRACTOR
shall be responsible for the care, preservation, conservation, and protection of all materials.
supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction,
and any and all parts of the work, whether the CONTRACTOR has been paid, partially paid, or not
paid for such work, until the entire work is completed and accepted.
G-5 o ~ ' .......... '
3.08 DAMAGES. In the event the CONTRACTOR is damaged in the course of the comple-
tion of the work by the act, neglect, omission, mistake or default of the OWNER, or of the
ENGINEER, or of any other CONTRACTOR employed by the OV~"VER upon the work. thereby
causing loss to the CONTRACTOR, the OWNER agrees that he will reimburse the CONTRACTOR
for such loss. In the event the OWNER is damaged in the course of the work by the act, negligence,
omission, mistake or default of the CONTRACTOR, or should the CONTRACTOR unreasonably . ..
delay the progress of the work being done by others on the job so as to cause loss for which the
OWNER becomes liable, then the CONTRACTOR shall reimburse the O~fNER for such loss.
3.09 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC. The
CONTRACTOR shall at all times exercise reasonable precautions for the safety of employees and
others on or near the work and shall comply with all applicable provisions of Federal, State, and
Municipal safety laws and building and construction codes. All machinery and equipment and
other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in
Construction" of the Associated General Contractors of America except where incompatible with
Federal, State, or Municipal laws or regulations. The CONTRACTOR shall provide such machinery
guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions
actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR, acting at
his discretion as an independent contractor.
3.10 PERFORMANCE AND PAYMENT BONDS. Unless otherwise specified, it is further
agreed by the parties to this Contract that the CONTRACTOR will execute separate performance
and payment bonds, each in the sum of one hundred I100) percent of the total contract price, in
standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment
of any guarantees required, and further guaranteeing payment to all persons supplying labor and
materials or furnishing him any equipment in the execution of the Contract, and it is agreed that
this Contract shall not be in effect until such performance and payment bonds are furnished and
approved by the OWNER.
Unless otherwise approved in writing by the OI,~,.~ER, the surety company underwriting the
bonds shall be acceptable according to the latest list of companies holding certificates of authority
from the Secretary of the Treasury of the United States.
Unless otherwise specified, the cost of the premium for the performance and payment bonds
shall be included in the CONTRACTOR'S proposal. ..
3.11 LOSSES FROM NATURAL CAUSES. Unless otherwise specified, all loss or damage to
the CONTRACTOR arising out of the nature of the work to be done, or from the action of the
elements, or from any unforeseen circumstance in the prosecution of the same, or from unusual
obstructions or difficulties which may be encountered in the prosecution of the work, shall be
sustained and borne by the CONTRACTOR at his own cost and expense.
3.12 PROTECTION OF ADJOINING PROPERTY. The said CONTRACTOR shall take
proper means to protect the adjacent or adjoining property or properties in any way encountered,
which might be injured or seriously affected by any process of construction to be undertaken under
this Agreement, from any damage or injury by reason of said process of construction; and he shall
be liable for any and all claims for such damage on account of his failure to fully protect all
adjoining property. The CONTRACTOR agrees to indemnify, save and hold harmless the
and ENGINEER against any claim or claims for damages due to any injury to any adjacent or
adjoining property, arising or growing out of the performance of the contract; but any such
indemnity shall not apply to any claim of any kind arising out of the existence or character
of the work.
3.13 PROTECTION AGAINST CLAIMS OF SUB-CONTRACTORS, LABORERS, MATER-
IALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES. The CONTRAC-
TOR agrees that he will indemnify and save the O~IER and ENGINEER harmless from all claims ....
growing out of the lawful demands of sub-contractors, laborers, workmen, mechanics, materialmen
and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including
commissary, incurred in the furtherance of the performance of this contract. When so desired by
the OWNER, the CONTRACTOR shall furnish satisfactory evidence that all obligations of the
nature hereinabove designated have been paid, discharged or waived. If the CONTRACTOR fails
so to do, then the O~A~ER may at the option of the CONTRACTOR either pay' directly any
unpaid bills, of which the OWNER has written notice, or withhold from the CONTRACTOR'S
unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such
lawful claims until satisfactory' evidence is furnished that all liabilities have been fully discharged,
whereupon payments to the CONTRACTOR shall be resumed in full, in accordance with the terms
of this contract, but in no event shall the provisions of this sentence be construed to itnpo~e any
obligation upon the OWNER by either the CONTRACTOR or his Surety.
3.14 PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION. The CON-
TRACTOR shall pay' ali royalties and license fees, and shall provide for the use of any design,
device, material or process covered by letters patent or copyright by suitable legal agreement
with the patentee or owner. The CONTRACTOR shall defend all suits or claims for infringement of
any patent or copy'right rights and shall indemnify and save the OWNER and ENGINEER harmless
from any' loss on account thereof, except that the OWNER shall defend all such suits and claims
and shall be responsible for all such loss when a particular design, device, material or process or
the product of a particular manufacturer or manufacturers is specified or required by the ~)WNER;
provided, however, if choice of alternate design, device, material or process is allowe~l to the
CONTRACTOR, then CONTRACTOR shall indemnify and save OWNER harmless from any loss
on account thereof. If tl:e material or process specified or requited by the OWNER is an infringe-
ment, the CONTRACTOR shall be responsible for such loss unless he promptly gives such
information to the OWNER.
3.15 LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe and comply
with all Federal, State and local laws, ordinances and regulations, which in any manner affect the
contract or the work, and shall indemnify and save harmless the OWNER and ENGINEER against
any claim arising from the violation of any such laws, ordinances, and regulations whether by the
CONTRACTOR or his employees, except wl~ere such violations are called for by the provisions
of the Contract Documents. If the CONTRACTOR observes that the plans and specifications are
at variance therewith, he shall promptly notify the ENGINEER in w~iting, and any necessary
changes shall be adjusted as provided in the contract for changes in the work. If the CONTRAC-
TOR performs any work knowing it to be contrary to such laws, ordinances, rules and regulations,
and without such notice to the ENGINEER, he shall bear all costs arising therefrom. In case the
Og,~ER is a body politic and corporate, the law from which it derives its powers, insofar as the
same regulates the objects for which, or the manner in which, or the conditions under which the
O~A'.NER ma~' enter into contract, shall be controlling, and shall be considered as part of this
contract, to the same effect as though embodied herein.
3.16 ASSIGNMENT AND SUBLETTING. The CONTRACTOR further agrees that he will
retain personal control and will give his personal attention to the fulfillment of this contract and
that he will not assign by Power of Attorney, or otherwise, or sublet said contract without the
written consent of the ENGINEER, and that no part or feature of the work will be sublet to
anyone objectionable to the ENGINEER or the OWNER. The CONTRACTOR further agrees
that the subletting of any portion or feature of the work, or materiats requited in the performance
of this contract, shall not relieve the CONTRACTOR from his full obligations to the OWNER, as
provided by this Agreement.
3.17 INDEMNIFICATION. The CONTRACTOR shall defend, indemnify and hold harmless
the O%~ER and the ENGINEER and their restmctive officers, agents and employees, from and
against all damages, claims, losses, demands, suits, judgments and costa, including reasonable
attorneys' fees and expenses, arising out of or resulting from the performance of the work,
provided that any such damages, claim, loss, demand, suit, judgment, cost or expense:
(1) Is attributable to bodily injury', sickness, disease or death or to injury
to or destruction of tangible property (other [han the work itself)
including the loss of use resulting therefrom; and,
(2) Is caused in whole or in part by any negligent act or omission of the
Contractor, any Subcontractor, anyone directly or indirectly employed
by any one of them or anyone for whose acts any of them may be
liable, regardless of whether or not it is caused in part by a party
indemnified hereunder.
The obligation of the CONTRACTOR under this Paragraph shall not extend to the liability
of the ENGINEER, his agents or employees arising out of the preparation or approval of mal~,
drawings, reports, surveys, Change Orders, designs or specifications, or the giving of or the
failure to give directions or instructions by the ENGINEER, his agents or employees, provided
such giving or failure to give is the primary cause of the injury or damage.
3.18 INSURANCE. The CONTRACTOR at his own expense shall purchase, maintain and
keep in force such insurance as will protect him from claims set forth below which may arise out
of or result from the CONTRACTOR'S operations under the Contract, whether such operations
be by himself or b~, any Subcontractor or by anyone directly or indirectly employed by any of
them, or by anyone for whose acts any of them may be liable:
(1) Workmen's compensation claims, disability benefits and other similar
employee benefit acts;
(2) Claims for damages because of bodily injury, occupational sickness or
disease, or death of his employees, and claims insured by usual bodily
injury liability coverages;
(3) Claims for damages because of bodily injury, sickness or disease, or death
of any person other than his employees, and claim-~ insured by usual
bodily injury liability coverages; and
(4) Claims for damages because of injury to or destruction of tangible
property, including loss of use resulting therefrom.
3.18.1 CERTIFICATE OF INSURANCE. Before commencing any of the work, CONTRAC-
TOR shall file with the OWNER valid Certificates of Insurance acceptable to the OWNER and the
ENGINEER. Such Certificates shall contain a provision that coverages afforded under the policies
will not be cancelled until at least fifteen days' prior written notice has been given to the
The CONTRACTOR shall also file with the O%~ER valid Certificates of Insurance covering
all sub-contractors.
4. PROSECUTION AND PROGRESS
4.01 TIME AND ORDER OF COMPLETION. It is the meaning and intent of this contract,
unless otherwise herein specifically provided, that the CONTRACTOR shall be allowed to prosecute
his work at such times and seasons, in such order of precedence, and in such manner as shall be
most conducive to economy of construction: provided, however, that the order and the time of
prosecution shall be such that the work shall be substantially completed as a whole and in part, ~n
accordance with this contract, the plans and specifications, and within the time of completion
designated in the Proposal; provided, also, that when the OWNER is having other work done, either
by contract or by his own force, the ENGINEER may direct the time and manner of constructing
the work done under this contract, so that conflict will be avoided and the construction of the
various works being done for the OWNER shall be harmonized.
The CONTRACTOR shall submit, at such times as may reasonably be requested by the
ENGINEER, schedules which shall show the order in which the CONTRACTOR proposes to
carry on the work, with dates at which the CONTRACTOR will start the several parts of the work,
and estimated dates of completion of the several parts.
4.02 'EXTENSION OF TIME. Should the CONq-RACTOR be delayed in the completion
of the work 'by any act or neglect of the OWNER or ENGINEER, or of any employee of either,
crt b..v other contractors employed by the OWNER, or by changes ordered in the work, or by
strikes, lockouts, l~ires, and unusual delays by common carriers, or unavoidable cause or causes
beyond the CONTRACTOR'S control, or by any cause which the ENGINEER shall decide justifies
the-'delay, then an extension-of time shall be allowed for completing the work, sufficient to
compensate for the de]ay, the amount of the extension to be determined by the ENGINEER,
provided, however, that the CONTRACTOR shall give the ENGINEER prompt notice in writing
of the cause of such delay.
4.03' HINDRANCES AND DELAYS. No claims shall be made by the CONTRACTOR for
damages resulting from hindrances or delays from any cause (except where the work is stopped by
Order of the O~A-..~ER) during the progress of an)' portion of the work embraced in this contract.
In case said work shall be stopped by the act of the OWNER, then such expense as in the judgment
of the ENGINEER is caused by such stoppage of said work shall be paid by the O'~ER to the
CONTRACTOR.
5. MEASUREMENT AND PAYMENT
5.01 QUANTITIES AND MEASUREMENTS. No extra or customary measurements of
any kind will be allowed, but the actual measured and 'or computed length, area, solid contents,
number and weight only shall be considered, unless otherwise specifically pro~'ided.
5.02 ESTIMATED QUANTITIES. This agreement, including the specifications, plans and
estimate, is intended to show clearly all work to be done and material to be furnished hereunder.
Where the estimated quantities are shown for the various classes of work to be done and material
to be furnished under this contract, they are approximate and are to be used only as a basis for
estimating the probable cost of the work and for comparing the proposals offered for the work.
]t is understood and agreed that the actual amount of work to be done and material to be furnished
under this contract may differ somewhat from these estimates, and that where the basis for
payment under this contract is the unit price method, payment shall be for the actual amount of
such work done and the material furnished.
Where payment is based on the unit price method, the CONTRACTOR agrees that he will
n~ake no claim for damages, anticipated profits or otherwise on account of any differences which
may be found between the quantities of work actually done, the material actually furnished
under this contract and the estimated quantities contemplated and contained in the proposal:
~ro.vided, however, that in case the actual quantity of any major item should become as much
as 20% more than, or 20% less than the estimated or contemplated quantity for such items, then
either party to this Agreement, upon demand, shall be entitled to a revised consideration upon the
portion of the work above or below 20% of the estimated quantity.
A "Major Item" shall be construed to be any individual bid item incurred in the proposal that
"has a ~otal cost equal to or greater than five (5) per cent of the total contract cost, computed on the
._basis of the proposal quantities and the contract unit prices.
Any revised consideration is to be determined by agreement between the parties, otherwise
ib_.i' 'the terms, of this Agreement, as provided under "Extra Work."
" 5'.03 'PRICE OF WORK. In consideration of the furnishing of all the necessary labor,
equ'ipment and material,', and the completion of all work by the CONTRACTOR, and on the
completion of all work and of the delivery of all material embraced in this Contract in full
!£onformity with the specifications and stipulations herein contained, the OWNER agrees to pay
,the CONTRACTOR the prices set forth in the Proposal hereto attached, which has been made a
part of this contract. The CONTRACTOR hereby agrees to receive such prices in full for furnishing
all material and all labor required for the aforesaid work, also for all expense incurred by him, and
for well and truly performing the same and the whole thereof in the manner and according to
this Agreement.
5.04 PARTIAL PAYMENTS. On or before the 10th day of each month, the CONTRACTOR
shall prepare and submit to the ENGINEER for approval or modification a statement showing as
completely as practicable the total value of the work done by the CONTRACTOR up to and
including the last day of the preceding month; said statement shall also include the value of all
sound materials delivered on the site of the work that are to be fabricated into the work.
The OWNER shall then pay the CONTRACTOR on or before the 15th day of the current
month the total amount of the approved statement, less ~[0 per cent of the amount thereof,
which 10 per cent shall be retail~ed until final payment, and further less all previous payments
and all further sums that ma.v be retained by the OWNER under the terms of this Agreement.
It is understood, however, that in case the whole work be near to completion and some unexpected
and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR, the
OWNER may--upon written recommendation of the ENGINEER--pay a reasonable and equitable
portion of the retained percentage to the CONTRACTOR. or the CONTRACTOR at the OWNER'S
option, may be relieved of the obligation to fu!!v complete the work and, thereupon, the CON-
TRACTOR shall receive payment of the balance due him under the contract subject only to the
conditions stated under "Final Payment."
5.05 USE OF COMPLETED PORTIONS. The OWNER shall have the right to take possession
of and use any completed or partially completed portions of the work, notwithstanding the time
for completing the entire work or such portions may not have expired but such taking possession
and use shall not be deemed an acceptance of any work not completed in accordance with the
Contract Documents. If such prior use increases the cost of or delays the work, the CONTRACTOR
shall be entitled to such extra compensation, or extension of time, or both, as the ENGINEER may
determine.
The CONTRACTOR shall notify the ENGINEER when, in the CONTRACTOR'S opinion.
the contract is "substantially completed" and when so notifying the ENGINEER. the CONTRAC-
TOR shall furnish to the ENGINEER in writing a detailed list of unfinished work. Tile ENGINEER
will review the CONTRACTOR'S list of unfinished work and will add thereto such items as the
CONTRACTOR has failed to include. The "substantial completion" of the structure or facility shall
not excuse the CONTRACTOR from performing all of the work undertaken, whether of a minor or
major nature, and thereby completing the structure or facility in accordance with the Contrac-',
Documents.
5.06 FINAL COMPLETION AND ACCEPTANCE. Within ten (10) days after the CON-
TRACTOR has given the ENGINEER written notice that the work has been completed, or ....
substantially completed, the ENGINEER and the OWNER shall inspect the work and within
said time, if the work be found to be completed or substantially completed in accordance with
tile Contract Documents, the ENGINEER shall issue to the OWNER and the CONTRACTOR his
Certificate of Completion, and thereupon it shall be the duty of the OWNER within ten (10~ da.rs
to issue a Certificate of Acceptance of the work to the CONTRACTOR or to advise the CONTRAC-
TOR in writing of the reason for non-acceptance.
5.07 FINAL PAYMENT. Upon the issuance of the Certificate of Completion, the ENGI-
NEER shall proceed to make final measurements and prepare final statement of the value of all
work performed and materials furnished under the terms of the Agreement and shall certify same
to the OWNER, who shall pay to the CONTRACTOR on or after the 30th day, and before the
35th day, after the date of the Certificate of Completion, the balance due the CONTRACTOR
under the terms of this Agreement, provided he has fully performed his contractual obligations
under the terms of this contract: and said payment shall become due in an5' event upon said "
performance by the CONTRACTOR. Neither the Certificate of Acceptance nor the final payment,
nor any provision in the Contract Documents, shall relieve the CONTRACTOR of the obligation for
fulfillment of any warranty which may be required.
5.08 PAYMENTS WITHHELD. The OWNER may, on account of subsequently discovered
evidence, withhold or nullify the whole or part of any certificate to such extent as may be
necessary to protect himself from loss on account of:
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating probable filing of claims.
(c) Failure of the CONTRACTOR to make payments properly to sub-
contractors or for material or labor.
(d) Damage to another contractor.
(e) Reasonable doubt that the work can be completed for the unpaid
balance of the contract amount.
(f) Reasonable indication that the work will not be completed within
the contract time.
When the above grounds are removed or the CONTRACTOR provides a Surety Bond
satisfactory to the OWNER, which will protect the OWNER in the amount withheld, payment
shall be made for amounts withheld because of them.
5.09 DELAYED PAYMENTS. Should the OWNER fail to make payment to the CONTRAC-
TOR of the sum named in any partial or final statement, when payment is due, then the OV~.~ER
shall pay to the CONTRACTOR, in addition to the sum shown as due by such statement, interest
thereon at the rate of six (6) per cent per annum, unless otherwise specified, from date due as
provided under "Partial Payments" and "Final Payments," until fullj paid, which shall fully
liquidate any injury to the CONTRACTOR growing out of such delay in payment, but the right
is expressly reserved to the CONTRACTOR in the event payments be not promptly made.
as provided under "Partial Payments," to at any time thereafter treat the contract as abandoned
by the O~,~,.'NER and recover compensation, as provided under "Abandonment of Contract," unless
such payments are withheld in accordance with the provisions of "Payments Withheld."
6. EXTRA WORK AND CLALMS
6.01 CHANGE ORDERS: Without invalidating this Agreement, the OWNER may, at any
time or from time to time, order additions, deletions or revisions to the work; such changes will
be authorized by Change Order to be prepared by the ENGINEER for execution by the O'~,.~ER
and the CONTRACTOR. The Change Order shall set forth the basis for any change ir, contract
price, as hereinafter set forth for Extra Work, and any change in contract time which may result
from the change.
In the event the CONTRACTOR shall refuse to execute a Change Order which has been
prepared by the ENGINEER and executed by the OWNER, the ENGLNEER may in writing
instruct the CONTRACTOR to proceed with the work as set forth in the Change Order and the
CONTRACTOR may make claim against the OWNER for Extra Work involved therein, as herein-
after provided.
6.02 MINOR CHANGES: The ENGINEER may authorize minor changes in the work not
inconsistent with the overall intent of the Contract Documents and not involving an increase in
Contract Price. If the CONTRACTOR believes that any minor change or alteration authorized
by the ENGINEER involves Extra Work and entitles him to an increase in the Contract Price,
the CONTRACTOR shall make written request to the ENGINEER for a written Field Order.
In such case, the CONTRACTOR by copy of his communication to the ENGINEER or
otherwise in writing shall advise the OWNER of his request to the ENGINEER for a written
Field Order and that the work involved may result in an increase in the Contract Price.
Any request by the CONTRACTOR for a change in Contract Price shall be made prior to
beginning the work covered by the proposed change.
~6.03 EXTRA WORK: It is agreed that the basis of compensation to the CONTRACTOR for
work either added or deleted by a Change Order or for which a claim for Extra Work is made shall
be determined by one or more of the following methods:
Method (A)--By agreed unit prices; or
Method (B)-By agreed lump sum; or
Method (CF-If neither Method (A) nor Method (B) be ~ upon before
the Extra Work is commenced, then the CONTRACTOR shall
be paid the "actual field cost" of the work, plus fifteen (15)
percent.
In the event said Extra Work be performed and paid for under Method (C), then the pro-
visions of this paragraph shall apply and the "actual field cost" is hereby defined to include the
cost to the CONTRACTOR of all workmen, such as foreman, timekeepers, mechanics and
laborers, and materials, supplies, teams, trucks, rentals on machinery and equipment, for the time
actually employed or used on such Extra Work, plus actual transportation charges nec _eg~rily
incurred, together with all power, fuel, lubricants, water and similar operating expenses, also all
neces_~_ry incidental expenses incurred directly on account of such Extra Work, including Social
Security, Old Age Benefits and other payroll taxes, and, a rateable proportion of premiums on
Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage
and Workmen's Compensation, and all other insurance as may be required by any law or ordinance,
or directed by the OWNER, or by them agreed to. The ENGINEER may direct the form in which
accounts of the "actual field cost" shall be kept and the records of these accounts shall be made
available to the ENGINEER. The ENGINEER or OWNER may also specify in writing, before the
work commences, .the method of doing the work and the type and kind of machinery and equip-
mant to be used; otherwise these matters shall be determined by the CONTRACTOR. Unless
otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by
using 100 per cent, unless otherwise specified, of the latest schedule of Equipment Ownership
Expense adopted by the Associated General Contractors of America. Where practicable the
terms and prices for the use of machinery and equipment shall be incorporated in the Written
Extra Work Order. The fifteen (15%) per cent of the "actual field cost" to be paid the CONTRAC-
TOR shall cover and compensate him for his profit, overhead, general superintendence and field
office expense, and all other elements of cost and expense not embraced within the "actual field
cost" as herein defined, save that where the CONTRA~OR'S Camp or Field Office must be
maintained primarily on account of such Extra Work; then the cost to maintain and operate the
same shall be included in the "actual field cost."
No claim for Extra Work of any kind will be allowed unless ordered in writing by the
ENGINEER. In case any orders or instructions, either oral or written, appear to the CONTRAC-
TOR to involve Extra Work for which he should receive compensation or an adjustment in the
construction time, he shall make written request to the ENGINEER for written order authorizing
such Extra Work. Should a difference of opinion arise as to what does or does not constitute
Extra Work, or as to the payment therefor, and the ENGINEER insists upon its performance,
'the CONTRACTOR shall proceed with the work after making written request for written order
and shall keep an accurate account of the "actual field cost" thereof, as provided under Method
(C). The CONTRACTOR will thereby preserve the right to submit the matter of payment to
arbitration, as hereinbelow provided.
6.04 TIME OF FILING CLAIMS. It is further agreed by both parties hereto that all
questions of dispute or adjustment presented by the CONTRACTOR shall be in writing and
filed with the ENGINEER within thirty (30) days after the ENGINEER has given any directions,
order or instruction to which the CONTRACTOR desires to take exception. The ENGINEER
shall reply within thirty (30) days to such written ,~xceptions by the CONTRACTOR and render
his final decision in writing. In case the CONTRACTOR should appeal from the ENGINEER'S
decision, any demand for arbitration shall be filed with the ENGINEER and the OWNER in
writing within ten (10) days after the date of delivery to CONTRAC'I~R of the ENGINEER'S
final decision. It is further agreed that final acceptance of the work by the OWNER and the
acceptance by the CONTRACTOR of the final payment shall be a bar to any claims by either
party, except where noted otherwise in the Contract Documents.
6.05 ARBITRATION. All questions of dispute under, this Agreement ~hall be submitted
to arbitration at the request of either party to the dispute. The parties may agree upon one
arbiter, otherwise, there shall be three, one named in writing by each party, and the third chosen
G-12 ® ,, ,.. ,.,__. ,,~
by the two arbiters ~o selected; or if the arbiters fail to select a third within ten (10) days,
he shall be chosen by a District Judge serving the County in which the major portion of the
project is located, unless otherwise specified. Should the party demanding arbitration fail to
name an arbiter within ten (10} days of the demand, his right to arbitrate shall lapse, and the
decision of the ENGINEER shall be final and binding on him. Should the other party fail to
choose an arbiter within ten (10} days, the ENGINEER shall appoint such arbiter. Should either
part)' refuse or neglect to supply the arbiters with any papers or information demanded in
writing, the arbiters are empowered by both parties to take ex parte proceedings.
The arbiters shall act with promptness. The decision of any two shall be binding on both
parties to the contract. The decision of the arbiters upon any question submitted to arbitration
under this contract shall be a condition precedent to any right of legal action. The decision of
the arbiter or arbiters may be filed in court to carry it into effect.
The arbiters, if the)' deem the case demands it, are authorized to award the party whose
contention is sustained, such sums as they deem proper for the time, expense and trouble incident
to the appeal, and if the appeal was taken without reasonable cause, they may award damages for
any delay occasioned thereby. The arbiters shall fix their own compensation, unless otherwise
provided by agreement, and shall assess the cost and charges of the arbitration upon either or both
parties. The award of the arbiters must be made in writing.
7. ABANDONMENT OF CONTRACT
7.01 ABANDONMENT BY CONTRACTOR. In case the CONTRACTOR should abandun
and fail or refuse to resume work Within ten (10) days after written notification from the
or the ENGINEER, or if the CON~FRACTOR fails to comply with the orders of the ENGINEER,
when such orders are consistent ,with the Contract Documents, then, and in that case, where
performance and payment bonds exist, the Sureties on these bonds shall be notified in writing and
directed to complete the work, and a cop)' of said notice shall be delivered to the CONTRACTOR.
After receiving said notice of abandonment the CONTRACTOR shall not remove from the
work any machinery, equipment, tools, materials or supplies then on the job, but the same.
together with any materials and equipment under contract for the work, may be held for use on the
work by the OWNER or the Surety on the performance bond, or another contractor in completion
of the work; and the CONTRACTOR shall not receive any rental or credit therefor (except when
used in connection with Extra Work, where credit shall be allowed as provided for under Section 6,
Extra Work and Claims), it being understood that the use of such equipment and materials will
ultimately reduce the cost to complete the work and be reflected in the final settlement.
Where there is no performance bond provided or in ease ti~e Surety should fail to commence
compliance with the notice for completion hereinbefore provided for, within ten (10) days after
service of such notice, then the OWNER may provide for completion of the work in either of the
following elective manners:
7.01.1 The OWNER may thereupon employ such force of men and use such machinery,
equipment, tools, materials and supplies as said OWNER ma)' deem necessary to complete the
work and charge the expense of such labor, machinery, equipment, tools, materials and supplies
to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out
of such moneys as may be due, or that may thereafter at any time become due to the CONTRAC-
TOR under and by virtue of this Agreement. In case such expense is less than the sum which would
have been payable under this contract, if the same had been completed by the CONTRACTOR,
then said CONTRACTOR shall receive the difference. In case such expense is greater than the sum
which would have been payable under this contract, if the same had been completed by said
CONTRACTOR, then the CONTRACTOR and/or his Surety shall pay the amount of such
excess to the OWNER; or
7.01.2 The OWNER under sealed bids, after five (5) days notice published one or more
times in a newspaper having general circulation in the county of the location of the work, may
let the contract for the completion of the work under substantially the same terms and conditions
which are provided in this contract. In case any increase in cost to the OWNER under the new
contract as compared to what would have been the cost under this contract, such increase shall be
charged to the CONTRACTOR and the Surety shall be and remain bound therefor. However,
should the cost to complete any such new contract prove to be less than what would have been
the cost to complete under this contract, the CONTRACTOR and/or his Surety shall be credited
therewith.
G-13 e ......
When the work shall have been substantially completed the CONTRACTOR and his Surety
shall be so notified and Certificates of Completion and Acceptance, as provided in Paragraph 5.06
hereinabove, shall be issued. A complete itemized statement of the contract accounts, certified to
by the ENGINEER as being correct, shall then be prepared and delivered to the CONTRACTOR
and his Surety, whereupon the CONTRACTOR and.~or his Surety, or the OV~ER as the case may
be, shall pay the balance due as reflected by said statement, within fifteen (15) days after the date
of such Certificate of Completion.
In the event the statement of accounts shows that the cost to complete the work is ]ess
than that which would have been the cost to the OWNER had the work been completed by' the
CONTRACTOR under the terms of this contract; or when the CONTRACTOR and:or his Surety
shall pay the balance shown to be due by them to the OWNER, then all machinery, equipment.
tools, materials or supplies left on the site of the work shall be turned over to the CONTRACTOR
and/or his Surety. Should the cost to complete the work exceed the contract price, and the
CONTRACTOR and-~or his Surety fail to pay the amount due the O~,~ER within the time
designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies
on the site of the work, notice thereof, together with an itemized list of such equipment and
materials, shall be mailed to the CONTRACTOR and his Surety at the respective addresses
designated in this contract, provided, however, that actual written notice given in any' manner will
satisfy' this condition. After mailing, or other giving of such notice, such property shal! be heid at
the risk of the CONTRACTOR and his Surety subject only to the duty of the O~,.~ER to exercise.
ordinary' care to protect such property. After fifteen (15) days from the date of said notice the
O'~,~ER ma)' sell sucl-, machinery, equipment, tools, materials or supplies and apply the net sun:
derived from such sale to the credit of the CONTRACTOR and his Surety. Such sale may be mad.,_.
at either public m pmate sale, with or without notice, as the OWNER may elect. The OWNER
shall release any machinery, equipment, tools? materials, or supplies, which remain on the ~'ork,
and belong to persons other than the CONTRACTOR or his Surety, to their proper owners.
The books on all operations provided herein shall be open to the CONTRACTOR and his Surety'.
7.02 ABANDONMENT BY OWNER. In case the OWNER shall fail to comply' with the
terms of this contract, and should fail or refuse to comply with said terms within ten (10~ days
after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or
wholly abandon the work, and may remove therefrom all machinery, tools and equipment, and
all materials on the site of work that have not been included in payments to the CONTRACTOR
and have not been wrought into the work. And thereupon the ENGINEER shall make an estimate
of the total amount earned by the CONTRACTOR, which estimate shall include the value of
work actually completed by said CONTRACTOR (at the prices stated in ,he attached prop,>sal
where unit prices are used), the value of all partially completed work at a fair and equitabl~
price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by'
the terms of this contract, and a reasonable sum to cover the cost of any provisions made by' the
CONTRACTOR to carry the whole work to completion and which cannot be utilized. The
ENGINEER shall then make a final statement of the balance due the CONTRACTOR by deducting
from the abo~'e estimate ali previous payments by the OV~ER and all other sums that may' be
retained by the OV,:~ER under the terms of this Aereement and shall certify same to the OWNER
who shall pay to the CONTRACTOR on or before thirty (30) days after the date of the notification
by the CONTRACTOR the balance shown by said final statement as due the CONTRACTOR,
under the terms of this Agreement.
G-14 ¢ ...............-.
STANDARD FORM OF AGREEMENT
As Adopted By
THE TEXAS SECTION OF THE AMERICAN SOCIETY OF CIVIL ENGINEERS
October 7, 1971
Revised November 17, 1928
Revised April 15, 1932
Revised October 27, 1934
Revised October 19, 1945
Revised April 8, 1954
Revised April 21, 1960
Revised October 7, 1971
Approved as to Legal Form by
Legal Counsel
STATE OF TEXAS
COUNTY OF Dallas
28th June
THIS AGREEMENT, made and entered into this da)' of ,
A. D. 19 89 , by and betwee~ The City of Coppell
of the County of Dn] ]n~ s, nd State of Texas, acting through
Mayor and City Council
thereunto duly authorized so to do,
Party of the First Part, hereinafter termed OWNER, and SYB Construction Co., Inc.,
P.O. Box 13614. Arlintton. TX 76094
of the City of Arlington , County of Dallas
and State of Texas , Party of the Second Part, hereinafter termed
CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements herein-
after mentioned, to be made and performed by the Party of the First Part (OWNER), and under
the conditions expressed in the bond bearing even date herewith, the said Party of the Second
Part (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER) to
commence and complete the construction of certain improvements described ms follows:
Base Bid items for Site 1, Site 2, and Site 3 of plans for Bethel School Road/
Pelican Lane Drainage Improvements
and all extra work in connection therewith, under the terms as stated in the General Conditions
of the Agreement and at his (or their) own proper cost and expense to furnish all the materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories
and services necessary to complete the said construction, in accordance with $he conditions and
prices stated in the Proposal attached hereto, and in accordance with the Notice to Contractors,
General and Special Conditions of Agreement, Plans and other drawings and printed or written
explanatory matter ther. eof, and the Specifications and addenda therefor, as prepared by
Ginn, Inc. Consulting ~ngineers
herein entitled the ENGINEER, each ~,f which has bee,~ identified I,y the CONTRACTOR and
the EN(;INEER. t.gether with the CONTRACTOR'S written Proposal. the Gener:d Conditions
of the Agreement, and the Perfi,rmance and Payment B. mls herel, attavhed; all of which are made
a part here. f a,ul odlectively evidence and co,mtitute the entire contract.
The CONTRACTOR hereby agrees to commence work within ten (10) days after the date
written notice to do so shall have been given to him, and to substantially complete the same
calendar days
within 60 ~bi~k~i~ after the date of the written notice to commence work, subject
to such extensions of time as are provided by the General and Special Conditions.
THE OWNER agrees to pay the CONTRACTOR in current funds the price or pri~es shown in
the proposal, which forms a part of this contract, such payments to be subject to the General
and Special Conditions of the contract.
IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in
the year and day first above written.
City of Coppell ~B Construction Co., Inc.
Pa my of the Fir,t Pa rt{O W NER) P&rty~of .the Second Part ( CO NTRA CTOR)
ATTEST: ~
A'I~EST:k.._ /~Q ' ~ ·
PERFORMANCE BOND
STATE OF TEXAS
~) UNTY OF Dallas
KNOW ALLMEN BY THESE PRESENTS: That S.Y.B. Construction Co.. Inc.
. of the City of Arlington
County of Tarrant , and State of Texas , as
principal, and Gramercy Insurance Company, Houston, Texas
authorized under the laws of the State of Texaz to act az ~urety on bonds for principals, are held
and firmly bound unto City of Coppe11 (Owner),
in the penal sum of SeventySixThousandSevenHundredEightyNine&No/Ill, liars ($ 76. 789.00 )
for the payment whereof, the rmid Principal and Surety bind themselves, and their heirs,
administrators, executors, successors and ~.~igns, jointly and severally, by these presents:
WHERF~AS, the Principal has entered into a certain written contract with the Owner,
dated the ZSth day of June ,19. 89 , to
which contract is hereby referred to and made a part hereof as fully and to the ~ame extent
az if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
rmid Principal shall faithfully perform raid Contract and shall in ali respects duly and faithfully
observe and perform all and singular the covenants, conditions and agreements in and by said
contract agreed and covenanted by the Principal to be observed and performed, and according to
the true intent and meaning of rmid Contract and the Plans and Specifications hereto annexed,
then this obligation shall be void; otherwise to remain in full force and effect;
"PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of (Article
5160 for Public Work) (Article 5472d for Private Work)* of the Revised Civil Statutes of Texas as
amended and all liabilities on this bond shall be determined in accordance with the provisions of
raid Article to the same extent az if it were copied at length herein."
Surety, for value received, stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the contract, or to the work performed thereunder, or the plans, speci-
fications, or drawings accompanying the frame, shall in anyway affect its obligation on this
*Not applicable for federal work. See "The Miller Act," 40 U.S.C. S270.
PB-1
bond, and it does hereby waive notice of any such change, extension of time, alteration or addition
to the terms of the contract, or to the work to be performed thereunder.
IN WITNESS WHEREOF. the said Principal and Surety have signed and ~.~Jed this instru-
ment this 7th .day of July , 19 89
S.Y.B. Construction Co., Inc. Gramercy Insurance Company
~tle President ~tle Attorney in Fact
lllllKaty Freeway # 1000
Address_ P.O. Box 13614 Address
Arlington, Texas 76094 Houston, Texas 77079
The name and address of the Resident Agent of Surety is:
PAYMENT BOND
STATE OF TEXAS
COUNTY OF. Dallas
KNOW ALL MEN BY THESE PRESENTS: That S.Y.B. Construction Co., Inc.
of the City of Arlington ,
Ceunty of Tarrant , and State of Texas , as
principal, and Gramercy Insurance Company, Houston, Texas
authorized under the laws of the State of Texas to act as surety on bonds for principals, are held
and firmly bound unto City of Cop]~ell (O~mer),
in the penal sum of SeventvSixThousandSevenHundredEightyNine&No/t~l~ars ($ 76,789.00 )
for the payment whereof, the said Principal and Surety bind themselves and their heirs, adminis-
trators, executors, successors and assigns, jointly and severally, by these presents:
WHEREAS. the Principal has entered into a certain written contract with the Owner,
dated the 28th day of June _ , 19~,89 to
which contract is hereby referred to and made a part hereof as fully and to the same extent as
if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Principal shall pay all claimants supplying labor and material to him or a 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 this bond is executed pursuant to the provisions of Article 5160 of
the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in
accordance with the provisions of said Article to the same extent as if it were copied at length herein.
Surety, for value received, stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the contract, or to the work performed thereunder, or the plans,
specifications or drawings accompanying tba same, shall in anywise affect its obligation on this
bond, and it does hereby waive notice of any such change, extension of time, alteration or ~ddition
to the terms of the contract, or to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instru.
ment this 71:h day of ~l,,ly ,19 89 .
S.Y.B. Construction Co., Inc. Gramercy Insurance Company
Princlp&! _ Surety
Attorney i~n~act
~tle President ~tle
Address. P.O. Box 13614 Address 11111 Katv Freewav ~1000
Arlington, Texas 76094 Houston, Texas 77079
The name and address of the Resident Agent of Surety is:
GRAMERCY INSURANCE COMPANY N o_ 4 2 2 4 9 0 9 4 0
11 ~11 Katy Freeway, Suite 1000
Houston, Texas 77079
POWER OF A'FI'ORNEY
KNOW ALL MEN BY THESE PRESENTS:
That Gramercy Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas, having its principal office in
Houston, Texas, pursuant to the following resolution which is now in full force and effect:
"That each of the following officers: Chairman, President, Executive Vice President, any Vice President, Secretary, any Assistant Secretary, may
from time to time appoint Attorneys-in-Fact, and Agents to act for and on behalf of the Company and may give any such appointee such authority
as his certificate of authority and other writings obligatory in the nature of a bond, and any of said officers of the Board of Directors may at any
time remove any such appointee and revoke the power and authority given him," does hereby make, constitute and appoint:
Thomas 0. West Or Jeffrey Bolin
its true and lawful attorney(s)-in-Facl, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge
and deliver in its behalf, and as its act and deed, as follows:
All bonds except Bail Bonds and not to exceed on any single instrument ( $
One Hundred Fifty Thousand and no/lOOs
!
IN WI/NESS V~ HEREOF, The Gramercy Insurance Company has caused these presents to be signed by its President, and its Corporate Seal to
be affixed, this 21st da)' of December, 1988.
/ Brian A. Lewis, President
SYATE OF TEXAS )
County of Harris )~, ~...~.. · '"/~ ':o~..~.../ON~.~
On this 21st day of December, 1988, before me, a Notary Public of the State of Texas ~"~: ( ~~7 } ~ ,~
came Brian A. Lewis to me personally known to be the individual and officer described
herein, and who executed the preceding instrument, and acknowledged the execution of
the same, and being by me duly sworn, deposed and said, that he is the officer of said
Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate
Seal of said Company, and the said Corporate Seal and signature as an officer were duly
affixed and subscribed to the said instrument by the authority and direction of the said~~~~'~'~"~~
Corporation, and that the resolution of said Company, referred to in the prec~ing
instrument, is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my official Notary Public, State of Texas
seal at Houston, Texas, the day and year above written. My Commission Expires: 3-29-93
CERTIFICATE
I, the undersigned, Secretary of Gramercy Insurance Company, a Corporation of the State of Texas, DO HEREBY CERTIFY that the foregoing
and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that thc Resolution
of the Board of Directors, as set forth in thc Certificate of Authority, arc now in force.
Signed and Sealed at the said Company at Houston, Texas, dated this 7th dayof July ,1989
tJohn S. MaCski, Secretary
' l.qcor CERTIFICATE F"-Ii
KEY, F' I SI<URAN AND SHEERF-~N NO RIGtITS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
F'. O. BOX 1..:,67~ ...........
ARLINGTON, TE X (:~S 76()94--0672
: COMPANIES AFFORDING COVERAGE
I COMPANY
LETTER A
__ ~ COMPANY
INSURED L
/
I COMPANY
LEI TLR C
SYB CONSTRUCTION .....................
F'. 0. ~JO X ~ ~;6 ~ ZI' COMPANY
LETTER O
AIRL [ NGTQN, TEXAS 7609Zl--()614 _ ............
COMPANY
LETTER E
COVERAGES ............................................... "~--'
~ - .- ~: ..... '-..
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS, AND CONDI-
TIONS OF SUCH POLICIES.
CO TYPE OF INSURANCE POLICY NUMBER ~ I::,': ¢.".' ,,.:, .~ ALI L'M~TS IN THOUSANDS
LTR .: , ~.'~.~ :,!': ·, .....
GENERAL LIABILITY
COMMERCIAL GE[~ERAL L'.ABIL.IT'¥
i ................ TCF:'F:'8808650 ~ 9- EL '7'--'-8~ '9-'-- ], '7--89 ......... ::'*~:::":'* $
] AUTOMOBILE LIABILITY .................... :.~_-- .....
A" OW'ED AUTOS I 5~r ) ' '
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SCHEDULED AJTOS "- T{ ~ Z '~ -'~ m"7 nc -.
L ,,,~ aUTOS
GARAGE L AB'L;T¥ J ', ...............
EXCESS LIABILITY .............. J ................................. :~:-. ~.:] .,~-..':~ ' ~
OTHEq THA~, bMBRELzA
WOHKEHS' COMPENSATION
OTHER
DESCRIPTION OF OPERAFIONStLOCAT!ONSiVEHICLES/RESTRICTIONS] SPECIAL ITEMS
F'RO,]EC'r: BETFIIEL SCHOOL RD.
I Im) t r
~`~`~.~.~.~.~&~4~j~"~:~:~e~m~`[~;|~:I~m]~'~$~.~1~~ BEFORE THE EX-
cI-rY OF COF'F'EL PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
255 PARKWAY BL..VD MAIL 1 (".) DAYS WRITTEN NOTICE TO TIlE CERTIFICATE HOLDER NAMED TO THE
F'.O BOX ~ o
· - .~.4c:, LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
COF'F'EL., TEE. X (~:.~ 75(-) .1. (:? LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR R..E. PRESENTATIVES.
ACORD 25-S (11/85) : : .. ' / " '-' ~ IIPJACORD CORPORATION 1985
CERTIFICATE OF ....
' ' ' - ' ~ ' -, ISSUE DATE [MM:DD. YYi
.......... .~ - , ! __Q.7-.O 5_-._8c/
PRODUCER
~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
I<EY, P T SI<UR~qN ~ND SHIEIER(.~N NO RIGHTS UPON THE CERTIFICATE HOL~ER. THIS CERTIFICATE DOES NOT AMEND.
- EXTEND OR ALTER THE COVEHAGE AFFORDED BY THE POLICIES BELOW.
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NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENI WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR ~AY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI-
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX.
.~INN~ INC. PIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO
1 7 1 0~; F'RESTQN RD. MAIL ~ (~) DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
D~[_L.~S, TEX~ '-',:-~z,~ LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
DIVISION 0 - BIDDING AND CONTRACT REOUIREMENTS PAGE
SECTION 00800 - SUPPLEMENTARY CONDITIONS 00800-1
PART I - GENERAL
1.1 GENERAL:
A. These Supplementary Conditions supplement, modify,
change, delete from and/or add to the Specifications
and the -General Conditions of Agreement-, Where any
Article of the General Conditions is modified or any
Paragraph, subparagraph or Clause thereof is modified or
deleted by these supplements, the unaltered provisions of
that Article, Paragraph, Subparagraph or Clause shall
remain in effect.
1.2 DEFINITION OF TERMS:
Wherever the words, forms or phrases defined herein or
pronouns used in their place occur in these Specifications,
in the Contract, in the Bonds, in the advertisement, or any
other document or instrument herein contemplated, or to which
these Specifications apply or may apply, the intent and
meaning shall be interpreted as follows:
A. Owner: Wherever the word ,,OWNER,, is used in the
Specifications and the Contract Documents, it shall be
understood as referring to the City of Coppell, Texas.
B. Engineer: Wherever the word "ENGINEER" is used in the
Specifications and the Contract Documents, it shall be
understood as referring to Ginn, Inc., 17103 Preston Rd.,
Suite 100, LB 118, Dallas, Texas 75248.
C. Advertisement: All of the legal publications pertaining
to the work contemplated or under Contract.
D. Bidder: Any person, persons, partnership, company, firm,
association, or corporation acting directly or through a
duly authorized representative submitting a Proposal for
the work contemplated.
E. Contract: The written agreement covering the performance
of the work. The Contract includes the advertisement,
Proposal, Specifications, including special provisions,
Plans or working drawings and any supplemental changes or
agreements pertaining to the work or materials therefore,
and bonds.
F. Contractor: The person, persons, partnership, company,
firm, association, or corporation entering into Contract
for the execution of the work, acting directly or through
a duly authorized representative.
G. Payment Bond: The approved form of security furnished by
the Contractor and his surety as a guaranty for the
protection of all claimants supplying labor and material
GINN, INC. CONSULTING ENGINEERS BETHEL SCHOOL ROAD/PELICaN LANE
DALLAS, TEXAS PROJECT NO.89416 CITY OF COPPELL, TEXAS
DIVISION 0 - BIDDING AND CONTRACT REOUIREMENTS PAGE
SECTION 00800 - SUPPLEMENTARY CONDITIONS 00800-2
in the prosecution of the work provided for in this
Contract; said security shall be in accordance with the
provisions of Article 5160, Revised Civil Statutes of
Texas, as amended by Acts of the Regular Session of the
Legislature, 1959.
H. Performance Bond= The approved form of security
furnished by the Contractor and his surety as a guarantee
of good faith on the part of Contractor to execute the
work in strict accordance with the Plans, Specifications
and terms of the Contract, and that the Contractor will
maintain the work constructed by him in good condition
for the period of time requiredl said security shall be
in accordance with the provisions of Article 5160,
Revised Civil Statutes of Texas, as amended by Acts of
the Regular Session of the Legislature, 1959.
I. Plan or Plans= Ail the Drawings pertaining to the
Contract and made a part thereof, including any
supplementary drawings or addenda as the Engineer may
issue in order to clarify other drawings, or for the
purpose of showing changes in the work hereinafter
authorized, or for showing details not shown thereon.
J. Proposal= The written statement or statements duly filed
with the City of Coppell of the person, persons,
partnership, company, firm, association, or corporation
proposing to do the work contemplated, including the
approved form on which the formal bids for the work are
to be prepared.
K. Proposal Guaranty: The security designated in the
advertisement and Proposal, to be furnished by each
bidder as a guaranty of good faith to enter into a
Contract with the City of Coppell and execute the
required bonds for the work contemplated after the work
is awarded to him, and payment of damages upon his
failure to enter into the Contract.
L. Special Provisions= The special clauses setting forth
conditions or requirements peculiar to the specific
project involved, supplementing the standard
Specifications, and taking precedence over any conditions
or requirements of the standard Specifications with which
they are in conflict.
M. Specifications= The directions, provisions, and
requirements contained herein, together with the special
provisions, supplemental hereto, pertaining to the method
and manner of performing the work or to the qualities or
quantities of the materials to be furnished under the
Contract.
GINN, INC. CONSULTING ENGINEERS BETHEL SCHOOL ROAD/PELICAN LANE
DALLAS, TEXAS PROJECT N0.89416 CITY OF COPPELL, TEXAS
DIVISION 0 - BIDDING ~ND CONTRACT REOUIREMENTS PAGE
SECTION 00800 - SUPPLEMENTARY CONDITIONS 00800-3
N. Sureties: The corporate bodies which are bound by such
bonds as are required with and for the Contractor. Said
sureties engaged to be responsible for the entire and
satisfactory fulfillment of the Contract, and for any and
all requirements as set out in the Specifications,
Contract or Plans.
O. The Work: All work, including the furnishing of labor,
materials, tools, equipment, and incidental, to be
performed by the Contractor under the terms of the
Contract.
P. Working Day: A working day is defined as: a calendar
day including Saturdays, Sundays, or legal holidays in
which weather or other conditions not under the control
of the Contractor will permit the performance of the
principal units of work under way for a continuous period
of not less than 7 hours between 8 a.m. and 6 p.m. One
day will be charged against the Contract working time
when weather conditions will permit 7 hours of work as
delineated above. A principal unit of work shall be that
unit which controls the completion time of the Contract.
Nothing in this definition shall be construed as
prohibiting the Contractor from working on Saturdays if
he so desires and has the approval of the Engineer. Work
on Sundays, or legal holidays, will not be permitted
(except in cases of extreme emergency and then only with
the written permission of the Engineer). Legal holidays,
for the purpose of this project, shall include: New
Year's Day; Memorial Day; Independence Day; Labor Day;
Thanksgiving Day; and Christmas Day.
END OF SECTION
GINN, INC. CONSULTING ENGINEERS BETHEL SCHOOL ROAD/PELICAN L~NE
DALLAS, TEXAS PROJECT N0.89416 CITY OF COPPELL, TEXAS
DIVISION 0 - BIDDING AND CONTRACT REOUIREMENTS PAGE
SECTION 00810 - MODIFICATIONS TO GENERAL CONDITIONS 00810-1
PART I - GENERAL
1.1 GENERAL:
The following designated items of the General Conditions of
Agreement are modified as follows:
A. Paragraph 2.06 - Lines and Grades is deleted in its
entirety and the following substituted therefore . .
"The Engineer will establish bench marks and horizontal
control points in close proximity to the Work. From
these control points, the Contractor shall provide all
surveying necessary to lay out the Work. Contractor
shall be responsible for establishing all lines and
grades necessary to control the Work and shall be
responsible for the precise location of all facilities."
"The Engineer may make checks as the Work progresses to
verify lines and grades established by the Contractor to
determine the conformance of the completed work as it
progresses with the requirements of the Contract
Specifications and Drawings. Such checking by the
Engineer shall not relieve the Contractor of his
responsibility to perform all Work in connection with
the Contract Drawings and Specifications and the lines
and grades given therein.
B. Paragraph 3.09 - Protection Against Accident to Employees
and the Public is modified by adding the following:
"Contractor's attention is specifically directed to the
Texas Occupational Safety Law."
"The Contractor shall so conduct his operations as to
offer the least possible obstruction and inconvenience to
public traffic. After the "Notice to Proceed" is issued,
the Contractor shall notify the Engineer, at the earliest
possible date, of the starting of hauling of materials
and any construction work which might in any way
inconvenience or endanger traffic."
"The Contractor shall provide and maintain flagmen at all
points where his operations interfere in any manner with
traffic flow. Flagmen shall be English speaking,
courteous, well informed, physically and mentally able
effectually to perform their duties in safeguarding and
directing traffic and protecting the Work, and shall be
neatly attired and groomed at all times when on duty.
Flagmen, when directing traffic, shall use standard
flagging procedures set forth in the 'Instructions to
Flagmen' published by the Texas State Department of
Highways and Public Transportation."
GINN, INC. CONSULTING ENGINEERS BETHEL SCHOOL RO~D/PELICAN LANE
DALLAS, TEXAS PROJECT N0.89416 CITY OF COPPELL, TEXAS
DIVISION 0 - BIDDING AND CONTRACT REOUIREMENTS PAGE
SECTION 00810 - MODIFICATIONS TO GENERAL CONDITIONS 00810-2
"The Contractor shall provide, construct and maintain
suitable barricades as shown on the Plans and elsewhere
when directed by the Engineer. The Contractor shall
provide and maintain such standard barricades or special
barricades, signs, lights and flags at points along the
project as may be necessary to protect the Work and
safeguard all traffic. Ail signs, barricades and working
area layouts shall be provided and maintained in
accordance with requirements of Part VI of the Manual on
Uniform Traffic Control Devices, ~Traffic Controls for
Street and Highway Construction and Maintenance
Operations.' Signs and barricades to facilitate the flow
of traffic will be the responsibility of the Contractor.
The use of sufficient vertical panels with flashers in
conjunction with necessary warning signs and barricades
will be required to direct traffic."
"No direct payment will be made for the work involved in
carrying out the public safety measures herein provided,
the cost thereof being included in the prices paid for
the various Contract items of work and no additional
allowance will be made therefore."
C. Paragraph 3.10 - Performance and Payment Bonds is
modified as follows:
1. With the execution and delivery of the Contract, the
Contractor shall execute and furnish separate
Performance and Payment Bonds on the forms provided
as follows:
a. Performance Bond= A Performance Bond in the
amount of one hundred percent (100%) of the
Contract price, or any increases or deletions
therefrom due to Contract modifications,
guaranteeing faithful performance of the work and
fulfillment of the obligations of the Contract.
The Performance Bond shall guarantee that the
Contractor shall repair and/or replace any
defects in the work arising from defective or
inferior workmanship or materials used therein,
for a period of one (1) year from date of final
acceptance of the work by the Owner.
b. Payment Bond: A Payment Bond in the amount of
one hundred percent (100%) of the Contract price,
or any increases or deletions therefrom due to
Contract modifications, guaranteeing payment to
all persons supplying labor and materials or
furnishing equipment in the execution of the
Contract.
GINN, INC. CONSULTING ENGINEERS BETHEL SCHOOL ROAD/PELICAN LANE
DALLAS, TEXAS PROJECT N0.89416 CITY OF COPPELL, TEXAS
DIVISION 0 - BIDDING AND CONTRACT REOUIREMENTS PAGE
SECTION 00810 - MODIFICATIONS TO GENERAL CONDITIONS 00810-3
2. Performance and Payment bonds shall be from an
approved surety company holding a permit from The
State of Texas to act as surety or other surety or
sureties acceptable to the Owner.
D. Paragraph 3.18 - Insurance is modified by the addition of
the following . .
Contractor shall comply with each and every condition
contained herein. The Contractor shall provide and
maintain, until the work covered in the contract is
completed and accepted by the Owner, the minimum
insurance coverages as follows:
1. Commercial General Liability insurance at minimum
combined single limits of $1,000,000 per-occurrence
and $2,000,000 general aggregate for bodily injury
and property damage, which coverage shall include
products/completed operations, and XCU hazards.
Coverage for products/completed operations must be
maintained for at least two years after the
construction work is completed. Coverage must be
written on an occurrence form.
2. Workers Compensation insurance at statutory limits,
including employers' liability coverage at minimum
limits of $500,000.
3. Com~ercial Automobile Liability insurance at minimum
combined single limits of $1,000,000 per-occurrence
for bodily injury and property damage, including
owned, non-owned, and hired-car coverage.
4. All-Risk Builders, Risk insurance at completed value
if the contract is for the construction of a
structure or building.
*Note that the general aggregate limit must be at least
two times the per-occurrence limit.
A comprehensive general liability insurance form may be
used in lieu of a commercial general liability insurance
form. In this event, coverage must be written on an
occurrence basis, at limits of $1,000,000 per-occurrence
combined single limit, and coverage must include a broad
form comprehensive general liability endorsement,
products/completed operations and XCU hazards.
With reference to the foregoing insurance requirement,
Contractor shall provide the following endorsements:
GINN, INC. CONSULTING ENGINEERS BETHEL SCHOOL ROAD/PELICAN L~NE
DALLAS, TEXAS PROJECT N0.89416 CITY OF COPPELL, TEXAS
DIVISION 0 - BIDDING ~%ND CONTRACT REOUIREMENTS PAGE
SECTION 00810 - MODIFICATIONS TO GENERAL CONDITIONS 00810-4
1. Named insured wording which includes the Contractor,
the Owner and Ginn, Inc., with respect to General
Liability, Automobile Liability, and Builders' Risk.
2. Ail liability policies shall contain cross liability
and severability of interest clause.
3. A waiver of subrogation in favor of the Owner and
Ginn, Inc. with respect to the Builders' Risk and
Workers Compensation Insurance.
4. The policy shall be endorsed to require the insurer
to immediately notify the Owner and Ginn, Inc. of any
material change in the insurance coverage.
All insurance shall be purchased from an insurance
company that meets the following requirements:
1. A Best financial grading of A:X or better.
2. Licensed and admitted to do business in the State of
Texas.
All insurance must be written on forms filed with, and
approved by, the Texas State Board of Insurance.
Certificates of Insurance shall be prepared and executed
by the insurance company or its authorized agent and
shall contain provisions representing and warranting the
following:
1. The company is licensed and admitted to do business
in the State of Texas.
2. The company's forms have been approved by the Texas
State Board of Insurance.
3. Sets forth all endorsements as required above.
4. The Owner and Ginn, Inc. will receive at least sixty
(60) days notice prior to cancellation or termination
of the insurance.
Upon request, Contractor, shall furnish the Owner with
certified copies of all insurance policies. The
Contractor shall also file with the Owner valid
Certificates of Insurance covering all subcontractors in
accordance with the insurance requirements set forth
herein for Contractor.
GINN, INC. CONSULTING ENGINEERS BETHEL SCHOOL ROAD/PELICAN LANE
DALLAS, TEXAS PROJECT N0.89416 CITY OF COPPELL, TEXAS
DIVISION 0 - BIDDING AND CONTRACT REOUIREMENTS PAGE
SECTION 00810 - MODIFICATIONS TO GENERAL CONDITIONS 00810-5
E. Section 4 - PROSECUTION AND PROGRESS is deleted in its
entirety and the following substituted therefore:
4. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
4.01 TIME FOR COMPLETION: The time allotted for com-
pletion of all items of work for this project
shall be the number of consecutive calendar
days, as stated on proposal form. It is hereby
understood and mutually agreed, by and between
the Contractor and the Owner, that the date
of beginning and the time for completion as
specified in the Contract of the work to be
done hereunder are ESSENTIAL CONDITIONS of this
Contract; and it is further mutually understood
and 'agreed that the work embraced in this
Contract shall be commenced on a date to be
specified in the Notice to Proceed.
The Contractor agrees that said work shall be
prosecuted regularly, diligently, and uninter-
ruptedly at such a rate of progress as will
insure full completion thereof within the time
specified. It is expressly understood and
agreed by and between the Contractor and the
Owner, that the time for the completion of the
work described herein is a reasonable time for
the completion of same, taking into considera-
tion the average climatic range and usual
conditions prevailing in this locality.
4.02 LIQUIDATED DAMAGES: If the said Contractor
shall neglect, fail or refuse to complete the
work within the time herein specified or any
proper extension thereof granted by the Owner,
then the Contractor does hereby agree, as a
part consideration for the awarding of this
Contract, to pay to the Owner an amount as
stipulated on bid proposal form FOR EACH
CALENDAR DAY, not as penalty, but as
liquidated damages for such breach of
Contract as hereinafter set forth, for each
and every calendar day that the Contractor
shall be in default after time stipulated
in the Contract for completing the work.
The said amount is fixed and agreed upon by and
between the Contractor and Owner because of the
impracticability and extreme difficulty of
fixing and ascertaining the actual damages the
Owner would in such event sustain, and said
amount shall be retained from time to time by
the Owner from current periodical estimates.
GINN, INC. CONSULTING ENGINEERS BETHEL SCHOOL ROAD/PELICAN LANE
DALLAS, TEXAS PROJECT N0.89416 CITY OF COPPELL, TEXAS
DIVISION 0 - BIDDING ~ND CONTRACT REOUIREMENTS PAGE
SECTION 00810 - MODIFICATIONS TO GENERAL CONDITIONS 00810-6
It is further agreed that time is of the
essence of each and every portion of this
Contract and of the Specifications wherein a
definite and certain length of time is fixed
for the performance of any act whatsoever; and
where under the Contract an additional time is
allowed for the completion of any work, the new
time limit fixed by such extension shall be of
the essence of this Contract. Provided. that
the Contractor shall not be charged with
liquidated damages or any excess cost when the
Owner determines that the Contractor is without
fault and the Contractor's reasons for the time
extension are acceptable to the Owner; Provided
further, that the Contractor shall not be
charged with liquidated damages or any excess
cost when the delay in completion of the Work
is due:
a. To any preference, priority or allocation
order duly issued by the Government;
b. To unforeseeable cause beyond the control
and without the fault or negligence of the
Contractor, including but not restricted
to, acts of God, or of the public enemy,
acts of the Owner, acts of another
contractor in the performance of a Contract
with the Owner, fires, floods, epidemics,
quarantine restrictions, strikes, freight
embargoes, and severe weather: and
c. To any delays of subcontractors or
suppliers occasioned by any of the causes
specified in subsections (a) and (b) of
this article; Provided further, that the
Contractor shall within ten (10) days from
the beginning of such delay, unless the
Owner shall grant a further period of time
prior to the date of final settlement of
the Contract, notify the Owner, in writing,
of the causes of the delay, who shall
ascertain the facts and extent of the delay
and notify the Contractor within a
reasonable time of its decision in the
matter.
END OF SECTION
GINN, INC. CONSULTING ENGINEERS BETHEL SCHOOL ROAD/PELICAN LANE
DALLAS, TEXAS PROJECT N0.89416 CITY OF COPPELL, TEXAS
DIVISION I - GENERAL REOUIREMENTS PAGE
SECTION 01700 - CONTRACT CLOSEOUT 01700-1
PART I - GENERAL
1.1 GENERAL:
A. Contractor shall comply with requirements stated in
Conditions of the Contract and specifications for
administrative procedures for closing out the work.
1.2 SUBSTANTIAL COMPLETION:
A. When Contractor considers the work is substantially
complete, he shall submit to the Engineer:
1. A written notice that the work, or designated
portion thereof, is substantially complete.
2. A list of items to be completed or corrected.
B. Within a reasonable time after receipt of such notice,
Engineer will make a review to determine the status of
completion and shall furnish the Contractor a complete
list of items of work to be completed or corrected.
The list so developed shall, in no way, release the
Contractor, or subcontractors from furnishing and
installing or correcting items or work required by the
Contract Documents.
C. Should Engineer determine that the work is not
substantially complete:
1. Engineer will promptly notify the Contractor in
writing, giving the reasons therefor.
2. Contractor shall remedy the deficiencies in the
work, and send a second written notice of
substantial completion to the Engineer.
3. Engineer will re-observe the work.
D. When Engineer concurs that the work is substantially
complete, he will:
1. Prepare a tentative Certificate of Substantial
Completion accompanied by Contractor's tentative
list of items to be completed or corrected, as
verified and amended by the Engineer.
2. Submit the tentative Certificate to Owner and
Contractor for their written acceptance of the
responsibilities assigned to them.
GINN, INC. CONSULTING ENGINEERS BETHEL SCHOOL ROAD/PELICAN L~NE
DALLAS, TEXAS PROJECT NO.89416 CITY OF COPPELL, TEXAS
DIVISION I - GENERAL REOUIREMENTS PAGE
SECTION 01700 - CONTRACT CLOSEOUT 01700-2
3. After due consideration of any objections to the
tentative certificate that have been made by the
Owner as provided in the General Conditions, the
Engineer will execute and deliver to the Owner and
Contractor a definite Certificate of Substantial
Completion with a revised list of items to be
completed or corrected.
1.3 FINAL INSPECTION:
A. When Contractor considers the work is complete, he
shall submit written certification that:
1. Contract Documents have been reviewed.
2. Work has been inspected for compliance with
Contract Documents.
3. Work has been completed in accordance with
Contract Documents.
4. Equipment and systems have been tested in the
presence of the Owner's representatives and are
operational.
5. Work is completed and ready for final review.
B. Engineer will make a review to verify the status of
completion with reasonable promptness after receipt of
such certification.
C. Should Engineer consider that the work is incomplete or
defective:
1. Engineer will promptly notify the Contractor in
writing, listing the incomplete or defective work.
2. Contractor shall take immediate steps to remedy
the stated deficiencies, and send a second written
certification to Engineer that the work is
complete.
3. When the Engineer finds that the work is
acceptable under the Contract Documents, he shall
request the Contractor to make closeout
submittals.
GINN, INC. CONSULTING ENGINEERS BETHEL SCHOOL ROAD/PELICAN LANE
DALLAS, TEXAS PROJECT N0.89416 CITY OF COPPELL, TEXAS
DIVISION I - GENERAL REOUIREMENTS PAGE
SECTION 01700 - CONTRACT CLOSEOUT 01700-3
1.4 CONTRACTOR'S CLOSEOUT SUBMITTALS TO ENGINEER:
A. Upon final acceptance by the Owner, and completion of
all work, the Contractor shall submit to the Owner,
through the Engineer, the following data:
1. Certificate stating that all accounts for labor,
equipment and material are paid in full; or in the
case of outstanding accounts because of this work,
the Contractor shall furnish a release of claims
by the individual or concerned party. This
certificate shall be notarized and signed by the
Contractor.
2. The Contractor's Bonding Company shall furnish a
release to the Owner, that it is with their
consent that final payment be made to the
Contractor.
3. The Contractor shall furnish a letter guarantee of
all workmanship to be free of defects for a period
of one year, unless required longer by any
division of the specifications, and should any
defects arise, then such defects shall be restored
to the original condition at no expense to the
Owner. This shall include all necessary cutting
and patching as may be required to correct the
defective work.
4. The Contractor shall submit a request for final
payment, which shall include an audit of the
account of the contract and said audit shall fully
cover amounts paid by the Owner to the Contractor,
and amounts due Contractor because of this work,
all of which shall be fully covered by the
contract documents and approved change orders.
5. Certificate of Occupancy, if applicable.
6. Certificates of Inspection, if applicable.
1.5 FINAL ADJUSTMENT OF ACCOUNTS:
A. Submit a final statement of accounting to Engineer.
(Final pay application)
B. Statement shall reflect all adjustments to contract
sum:
1. Original contract sum.
2. Additions and deductions resulting from:
a. Previous change orders, or field changes.
GINN, INC. CONSULTING ENGINEERS BETHEL SCHOOL ROAD/PELICAN LANE
DALLAS, TEXAS PROJECT N0.89416 CITY OF COPPELL, TEXAS
DIVISION I - GENERAL REOUIREMENTS PAGE
SECTION 01700 - CONTRACT CLOSEOUT 01700-4
b. Unit prices.
c. Deductions for uncorrected work.
d. Deductions for liquidated damages.
e. Other adjustments.
3. Total contract sum, as adjusted.
4. Previous payments.
5. Sum remaining due.
1.6 FINAL PAYMENT:
Final payment shall be made upon submission of the documents
called for above, and as covered under the general
conditions and any modification thereto.
END OF SECTION
GINN, INC. CONSULTING ENGINEERS BETHEL SCHOOL ROAD/PELICaN L~NE
DALLAS, TEXAS PROJECT N0.89416 CITY OF COPPELL, TEX~S