R2006-098 06-26-06
RESOLUTION NO. R2006-98
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES
ASSOCIATED WITH THE ALICE STREET CONNECTOR.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City opened bids for construction services associated with the
Alice Street Connector Project, and such bids have been reviewed and tabulated.
Section 2. That the City Council hereby awards the bid to JAHO, Inc., in the
amount of $ 139,539.30.
Section 3. The City Manager or his designee is hereby authorized to execute a
contract for construction services associated with the Alice Street Connector Project.
PASSED, APPROVED and ADOPTED this the 26th day of June, A.D., 2006.
d~ J?~
TOM REID
MAYOR
ATTEST:
C
APPROVED AS TO FORM:
(0~K.~
DARRIN M. COKER
CITY ATTORNEY
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June 16, 2006
Mr. Bill Eisen
City Manager
City of Pearl and
3519 Liberty Drive
Pearland, Texas 77581
Dear Mr. Eisen:
The review of bids received by the City of Pear land on June 15,2006 for the Alice Street
Connector project has been completed. A total of (4) bids were received. The Bid Bond
for the apparent low bidder, JARO, Inc., has been received for verification. Attached is a
copy of the Bid Tabulation for your use.
There are no errors reflected that would affect the total amount bid as reflected on the
contractor's official bid submitted. The line items were tabulated by COP Engineering,
and the total amount bid remains $139,539.30.
Based on the evaluation of the information provided, it is recommended that the Alice
Street Connector be awarded to JARO, Inc., in the amount of$139,539.30
For more information on this issue, please contact me at 281-652-1760 or
cboone@ci.pearland.tx.us .
Sincerely,
~ /~/~/f!c,
Cecil Boone, P .E.
Project Manager
(281) 652-1760
3519 LIBERTY DRIVE . PEARLAND, TEXAS 77581-5416 . 281-652-1600' www.ci.pearland.tx.us
/fli.
\..' Printed on Recycled Paper
CITY OF PEARlAND
BID PROPOSAL
Section 00300
BID PROPOSAL
Date:~ \5 \oc:,
Bid of .::JA.HO,::::Z::;V-C . , flflindiv~ch..ld pJ.opriet8F&hit> / a
corporatio~ organized and existing under the laws of the State of Texas /a-ptlrtncJ.~h:p consisting-
of , for the construction of:
A1ice!McHardRoad Interconnect
Located Approximately 1,400 feet east of McHard/S.H. 35 Intersection
City of Pearland, Texas
BID NO.: 2006-053
(Submitted in Duplicate)
To: The Honorable Mayor and City Council of Pearland
Cityof Pearland
3519 Liberty Drive
Pearland, Texas 77581
Pursuant to the published Invitation to Bidders, and Instructions to Bidders, the undersigned
Bidder hereby proposes to do all the work and furnish all necessary superintendence, labor,
machinery, equipment, tools and materials, and whatever else may be necessary to complete all
the work described in or reasonably inferable from the Contract Documents for the construction of
the Alice/McHard Road Interconnect located approximately 1,400 feet east of
McHard/S.H. 35 intersection with all related appurtenances, complete, tested, and operational, in
accordance with the Plans, and Specifications prepared by the City of Pearl and, under the City of
Pearland's inspection for the unit prices or applicable prices set forth on the attached bid sheet(s)
which bears the undersigned's initials for identification. It is understood that, in the event any
changes are ordered on any part of the Work, the applicable unit prices bid shall apply as additions
to or deductions from the total prices for the parts of the Work so changed.
The Bid Security required under the Instructions to Bidders is included with this Bid Proposal.
The Bidder agrees to submit to the Owner the Qualifications of Bidder, including the Financial
Statement of Bidder, as required by the Instructions to Bidders.
The Bidder binds himself upon acceptance of his Bid Proposal to execute the Standard Form of
Agreement and furnish a Performance Bond and a Payment Bond, each in the amount of one
. hundred percent (100%) of the total Contract Price, according to the forms included in the
Contract Documents.
The undersigned Bidder agrees to commence work within ten (10) days after the date ofa written
notice to commence work. It is understood that the Work is to be Substantially Complete within
Thirty (30) days after the. date of the notice to commence work. Time for Substantial Completion
shall begin on the date established by the notice to commence work. The Contractor will pay
OS/2006 140501v3 1942.0
003()() - 1 of 3
CITY OF PEARLAND
BID PROPOSAL
liquidated damages in the amount of $l00/dayin the event the Work is not Substantially Complete
in this time limit. I
Bidder's InitialO 7:::::\.
Item Spec. Estimate
No. No. Bid Iteni Description Unit Quantity Unit Price Amount Bid
BASE BID ITEMS
1 24" RCP Storm Sewer, In Place LF 50 l4S.~ t .4ZS.lX)
2 18" RCP Storm Sewer, In Place LF 30 \~;55 4.'1qlo~
3 12" RCP Storm Sewer, LF 15 NA NA
. In Place
4 24"x24" Type "A" Grate Inlet EA 2 NA NA
5 Type "c" Curb Inlet EA 2 htcQc.D6 "3,380,00
6 Exist. Type "c" Curb Inlet wI Extension EA 1 1,Q36.oo \ IQ5D,l>O
To be Modified
7 Trench Safety System LF 95 L'ZZ. I \Sf\D
8 Grading EristingRoadside Ditch LF 605
And Proposed Drainage Swales 4t3D 'Z"loc\ ;So
9 T' Reinforced Concrete Pavement SY 1,400 34 .20 48,1"l.O.oo
10 6" Reinforced Concrete Curb LF 735 7.. ./d) f ." \ \.00
11 8" Lime Stabilized Subgrade at 8% SY 1,610 l3l~.oo
By Weight( include all costs of placement) S..~
12 Concrete Paving Header LF 28 \ 8.30 Srz.Ao
13 Roadway and Swale Excavation CY 770 \10.35" rz.,58l ~
.
14 Removal of Existing Curb LF 125 \~. "SO "Z ,DIoZ.:50
15 Site Clearing and Grubbing, including AC 0.45 q .'::185.00
Removal of Existing Fence Per Plans Z.\.~.DO
16 Hydromulch Seeding AC 0.35 3t~t~ L~'1.so
17 Permanent Traffic Control Devices (i.e.- LS 1
R1-1 Stop Sign with Street Name Plate 4f\5D.DO L\~.W
and Type ill (B) Barricades)
18 Handicap Sidewalk Ramps EA 5 '715' .DO 3\Q15,lX>
19 6' Wide x 4" Thick Concrete Sidewalk LF 205 -zA Ao SIl)OZ,Q:)
SUBTOTAL BASE ITEMS \Z4~ ,8lJ
EXTRA BID ITEMS
1 1W' Thick Hot-Mix Aspaltic Paving SY 280 'Z3.SS fa,S94,00
2 6". Crushed Limestone Base SY 310 \4 .c10 4 ,~t'\.oo
3 8" Lime Stabilized Subgrade at 8% SY 363
By Weight(include all costs of placement) <2>.50 3.fj&s.~
OS/2006 140501 v3 1942.0
00300 - 20f3
CITY OF PEARLAND
BID PROPOSAL
Item Spec. . Estimate
No. No. Bid Item Description Unit Quantity Unit Price Amount Bid
4 Existing Roadside Ditch Re-alignment LF 80 q.\5 1?:;z zy;'
For Alice St. Widening
SUBTOTAL EXTRA ITEMS \5'O!:O.SO
TOTAL BID PRICE \3R?313-D
Bidder's Initial&~'-r--
It is agreed that the Contract Price may be increased or decreased to cover work added, altered or
deleted by order of the Engineer, in accordance with the provisions of the General Conditions of
Agreement.
The undersigned agrees that the amounts bid in this Bid Proposal will not be withdrawn or
modified for sixty (60) days following date of Bid Proposal opening, or such longer period as may
be agreed to in writing by the City of Pearl and and Bidder.
It is understood that in the event the Successful Bidder fails to enter into the Standard Form of
Agreement and/or to furnish a Performance Bond and Payment Bond, each in the amount of one
hundred (100) perce~].t of the Contract Price, withinten (10) days of the Notice of Award, the
Successful Bidder will forfeit the Bid Security as provided in the Instructions to Bidders.
Unless otherwise expressly provided herein, all references to "day(s)" shall mean calendar day(s).
The following Addenda have been received. The modifications to the Bidding Documents noted
therein have been considered and all costs thereto are included in the Bid Proposal prices.
Addendum No.:
Addendum No.:
. Addendum No.:
Date:
Date:
Date:
Addendum No.:
Addendum No.:
Addendum No.:
Date:
Date:
Date:
Bidder hereby represents that the only person or parties interested in this offer as principals are
those named above. Bidder has not directly or indirectly entered into any agreement, participated
in any collusion, Of oth rwis en any action in restraint of free competitive bidding.
Phone No:
(Seal, if Bidder is a Corporation)
OS/2006 140501v3 1942.0
00300 - 3 of3
CITY OF PEARlAND
BID PROPOSAL
Date: fa \\5 \o,=>
END OF SECTION
Bidder's fuiti~ ~
05f2006 140501v3 1942.0
00300 - 4 of3
CITY OF PEARlAND
BID PROPOSAL
Section 00300
BID PROPOSAL
Date:~\5\O~
Bid of ..::TAHO,:z:Atc . , Mindi,,~dum p~opIiet8F&lBf> / a
corporatioq organized and existing under the laws of the State of Texas l~pmt1J.",~~b..;.p consisti~
of . , for the construction of:
A1icelMcHardRoad Interconnect
Located Approximately 1,400 feet east of McHard/S.H. 35 Intersection
City of Pearland, Texas
BID NO.: 2006-053
(Submitted in Duplicate)
To: The Honorable Mayor and City Council of Pearland
Cityof Pearland
3519 Uberty Drive
Pearland, Texas 77581
Pursuant to the published Invitation to Bidders, and Instructions to Bidders, the undersigned
Bidder hereby proposes to do all the work and furnish all necessary superintendence, labor,
machinery, equipment, tools and materials, and whatever else may be necessary to complete all
the work described in or reasonably inferable from the Contract Documents for the construction of
the Alice/McHard Road Interconnect located approximately 1,400 feet east of
McHardlS.H. 35 intersection with all related appurtenances, complete, tested, and operational, in
accordance with the Plans, and Specifications prepared by the City of Pearland, under the City of
Pearland's inspection for the unit prices or applicable prices set forth on the attached bid sheet(s)
which bears the undersigned's initials for identification. It is understood that, in the event any
changes are ordered on any part of the Work, the applicable unit prices bid shall apply as additions
to or deductions from the total prices for the parts of the Work so changed.
The Bid Security required under the Instructions to Bidders is included with this Bid Proposal.
The Bidder agrees to submit to the Owner the Qualifications of Bidder, including the Financial
Statement of Bidder, as required by the Instructions to Bidders.
The Bidder binds himself upon acceptance of his Bid Proposal to execute the Standard Form of
Agreement and furnish a Performance Bond and a Payment Bond, each in the amount of one
. hundred percent (100%) of the total Contract Price, according to the forms included in the
Contract Documents.
The undersigned Bidder agrees to commence work within ten (10) days after the date ofa written
notice to commence work. It is understood that the Work is to be Substantially Complete within
Thirty (30) days after the date of the notice to commence work. Time for Substantial Completion
shall begin. on the date established by the notice to commence work. The Contractor will pay
0512006 140501v3 1942.0
00300 - 1 of3
CITY OF PEARLAND
BID PROPOSAL
liquidated damages in the amount of $l00/dayin the event the Work is not Substantially Complete
in this time limit.
Bidder's Initials~
Item Spec. Estimate
No. No. Bid Item Description Unit Quantity Unit Price Amount Bid
BASE BID ITEMS
1 24" RCP Storm Sewer, In Place LF 50 ~~.50 t l4ZS.lX)
2 18" RCP Storm Sewer, In Place LF 30 \ G:b:55 4.~qlo!5::>
3 12" RCP Storm Sewer, LF 15 NA NA
In Place
4 24"x.24" Type "A" Grate Inlet EA 2 NA NA
5 Type "c' Curb Inlet EA 2 h loqe.oo '3 ,3~.oo
6 Exist. Type "c" Curb Inlet wi Extension EA 1 \ l~36.l)O 1 tq~,oo
To be Modified
7 Trench Safety System LF 95 L'ZZ 1\5~
. 8 Grading Existing Roadside Ditch LF 605
And Proposed Drainage Swales Ll. ,3D G.,loa \ ;5"0
9 7" Reinforced Concrete Pavement SY 1,400 34.20 ~8,1'Z.O.l)O
10 6" Reinforced Concrete Curb LF 735 7... id:J t ,9 , \.00
11 8" Lime Stabilized Subgrade at 8% SY 1,610
By Weight( include all costs of placement) S~~ 131~.l)O
12 Concrete Paving Header LF 28 \ 8.30 5\Z-AD
13 Roadway and Swale Excavation CY 770 \lo.35 rl,Sffl :SO
14 Removal of Existing Curb LF 125 \ls,. $ ZlDloZ.~
15 Site Clearing and Grubbing, including AC 0.45 q .$5.00
Removal of Existing Fence Per Plans 2.' .?:l:b.DO
16 Hydromulch Seeding AC 0.35 ~05D.DO 1.0<0/.5"0
17 Permanent Traffic Control Devices (i.e.- LS 1
Rl-l Stop Sign with Street Name Plate 4f\5D.oo L\~,w
and Type ill (B) Barricades)
18 Handicap Sidewalk Ramps EA 5 '795' . DC> 3\q 1S,lX>
19 6' Wide x 4" Thick Concrete Sidewalk LF 205 7.A AD SIDo'Z..QQ
SUBTOTAL BASE ITEMS \Z4~ .8lJ
EXTRA BID ITEMS
1 1 W' Thick Hot-Mix Aspaltic Paving SY 280 'Z3.SS lo,S94.oo
2 6". Crushed Limestone Base SY 310 \4,c\o 4l~tt:t,OO
.
3 8" Lime Stabilized Subgrade at 8% SY 363
By Weight(include all costs of placement) <0:50 3l)&s.~
OS/2006 140501 v3 1942.0
00300 - 2 of3
CITY OF PEARLAND
BID PROPOSAL
Item Spec. . Estimate
No. No. Bid Item Description Unit Quantity Unit Price Amount Bid
4 Existing Roadside Ditch Re-alignment LF 80 q.ts 132.&)
. For Alice St. Widening
SUBTOTAL EXTRA ITEMS \5'o!.O.50
TOTAL BID PRICE \3RR3\3D
Bidder's Initials' )"'\
It IS agreed that the Contract Price may be Increased or decreased to cover work added, altered or
deleted by order of the Engineer, in accordance with the provisions of the General Conditions of
Agreement.
The undersigned agrees that the amounts bid in this Bid Proposal will not be withdrawn or
modified for sixty (60) days following date of Bid Proposal opening, or such longer period as may
be agreed to in writing by the City of Pearl and and Bidder.
It is understood that in the event the Successful Bidder falls to enter into the Standard Form of
Agreement and/or to furnish a Performance Bond and Payment Bond, each in the amount of one
hundred (100) percent of the Contract Price, within ten (10) days of the Notice of Award, the
Successful Bidder will forfeit the Bid Security as provided in the Instructions to Bidders.
Unless otherwise expressly provided herein, all references to "day(s)" shall mean calendar day(s).
The following Addenda have been received. The modifications to the Bidding Documents noted
therein have been considered and all costs thereto are included in the Bid Proposal prices.
Addendum No.:
Addendum No.:
. Addendum No.:
Date:
Date:
Date:
Addendum No.:
Addendum No.:
Addendum No.:
Date:
Date:
Date:
Bidder hereby represents that the only person or parties interested in this offer as principals are
those named above. Bidder has not directly or indirectly entered into any agreement, participated
in any collusion, or otherwise n any action in restraint of free competitive bidding.
Phone No: 7..2>\- 4L\Gc.-L\'1B\
AITEST~
(Seal, if Bidder is a Corporation)
OS/2006 140501 v3 1942.0
00300 - 3 of 3
CITY OF PEARLAND
BID PROPOSAL
Date:
END OF SECTION
Bidder's Initia1~ ~
OS/2006 140501 v3 1942.0
00300 - 4 of3
2006-200
AlA Document .,1310 - Electronic Format
Bid Bond
THIS DOCUl\lENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION \\.TIH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS
COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AlA DOCUMENT MAY BE MADE BY USING AlA
DOCUMENT D40I.
KNOW ALL MEN BY THESE PRESENTS, that we Jaho, Incorporated
2003 Wilson Road, Humble, TX 77396
as Principal, hereinafter called the Principal, and Colonial
300 Saint Paul Place, Baltimore, MD 21202
(Here insert full name and address or legal title of Con tractor) ,
American Casualty and Surety Company
(Here insert fitllname and address or legal title of Surety)'
a corporation duly organized under the laws of the State of Maryland as Surety, hereinafter called the Surety, are held and firmly bound unto
City of Pearland
(Here insert full name and address or legal title of Owner) ,
as Obligee, hereinafter called the Obligee, in the sum of 5% of the attached bid Dollars ($), for the payment of which sum
well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for
. '(Here insert fiJllname, address and description of project)'
paving and drainage facilities for Allce/McHard Road Interconnect
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee
in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with
good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in
the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the
Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such
larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this
obligation shall be null and void, otherwise to remain in full force and effect.
ay of June
W 2006
/
(Seal)
(Title)
( Seal)
~
AlA DOCUMENT A310 - BID BOND - AlA - FEBRUARY 1970 EDlTION - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE
N.W., WASHINGTON D.C. 20006-5292. Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document has been
reproduced elcctronically with the pcrmission of The Ametican Institute of Architects under License #2 J 04 to The Hartl(\rd Fidclity and Bonding Company.
Reproduction of this documcnt without project-spccific in!()lmation is not pet1llitted. Contact Thc American Institute of Architects to verify the current vcrsion of this
document and license status.
Electronic Fonnat A3]0-]970
I
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations~ o the S aryland, by WILLIAM
1. MILLS, Vice President, and GERALD F. HALEY, Assistant Secretary, in p~n ()l . anted by Article VI,
Section 2, of the By-Laws of said Companies, which are set forth on t G l~ 0 reby certified to be in
full force and effect on the date hereof, does hereby nomina . t po' ~ 0, Jimmye
LANGFORD, Joyce A. JOHNSON and Sherr i~<II Q its true and lawful agent and
Attorney-in-Fact, to make, execute,~\i~-~i t> , nd' ,~ ' and as its act and deed: any and all
bonds and underta~'ngs" cl{ii;1(~jlany~ot of TWO HUNDRED FIFTY THOUSAND
DOLLARS ($250, l'iE'F-bnd ependent Executors, Community Survivors and Community
Guardians. and th ~tlO 0 ~dertakingS in pursuance of these presents, shall be as binding upon said
Companies, as fully , to I' tents and purposes, as if they had been duly executed and acknowledged by the
regularly elected offi r e Company at its office in Baltimore, Md., in their own proper persons. This power of attorney
revokes that issued on behalf of Janie CERMENO, Jirnmye LANGFORD, Joyce A. JOHNSON, dated July 17, 2003.
The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By-Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL
AMERICAN CASUALTY AND SURETY COMPANY, this 23rd day of March, A.D. 2006.
ATTEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
/L4:j~
/ t /7.};
/. / I
(/., . I/d .'
Gerald F. Haley
By:
Assistant Secretary William 1. Mills
Vice President
State of Maryland }
City of Baltimore ss:
On this 23rd day of March, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came WILLIAM J. MILLS, Vice President, and GERALD F. HALEY, Assistant Secretary of
the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the
preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and
each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the
preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official Seal the day and year first above
written.
f};/#0
Dennis R. Hayden Notary Public
My Commission Expires: February 1,2009
POA-F 168-7253A
Fidelity and Deposit Company of Maryland
Colonial American Casualty and Surety
Home Office: P.O. Box 1227, Baltimore, MD 21203-1227
IMPORTANT NOTICE
To obtain information or make a complaint:
You may call the Fidelity and Deposit Company of Maryland or Colonial American Casualty and Surety
Company's toll-free telephone number for information or to make a complaint at:
1-800-654-5155
You may contact the Texas Department ofInsurance to obtain information on companies, coverages, rights, or complaints at:
1-800-252-3439
You may write the Texas Department of Insurance:
P.O. Box 149104
Austin, TX 78714-9104
FAX # (512) 475-1771
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning the premium or about a claim, you should
fIrst contact Fidelity and Deposit Company of Maryland or Colonial American Casualty and Surety Company. If the dispute
is not resolved, you may contact the Texas Department ofInsurance.
ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or
condition of the attached document.
City of Pearl and
Transmittal
To: Cecil Boone
Project Manager
From: Narciso Lira
cc:
Date: 6/16/2006
Re: McHard Road\Alice Road Interconnect (Profax Drive) Bid Results
Cecil:
Attached please find copies of the bids for the above referenced project. The bid proposals along with
Bond infonnation has been attached for your use in providing City Council agenda request. I know they
want to get this on the agenda for the next council meeting. The only purpose I know for this project is
to eliminate the traffic tuming movements into Alice Street off of Main Street. Since Alice Street
businesses consists of industrial and warehouse sites, eliminating the Alice driveway along Main
Street and giving them access through McHard via Profax Drive would improve the safety and mobility
of traffic along Main Street. Any additional insight on this would probably have to come from either
Doug or Mike Hodge. They know more of the justification for this. Let me know what else I can do to
help.
Sincerely,
~ c- /~
Narciso Lira III
Assistant City Engineer
(281) 652-1649
City of Pearland, Texas
BID TABULATION
Project: Alice / McHard Road Interconnect Construction
Bid Close Time/Date: 3 p.m., June 15,2006
Bid No.: 2006-0563
NAME OF CONTRACTOR BID BOND ADDENDUM TOTAL BID
Yes/No (Number) AMOUNT
\( /LilA ~ 07a9 570--
t"ACe Servlc e..s
eo:., (
JA \-\0 lMC-. Yes Yes $
13D{j 52/:J) , 30
lWs~ 11 Yes Y~5 ~/qY/~lj,J5
1)4' w r..Dlf) <;\ (2 LJ d.,' 0 '" Ves YfS ~ J g3/ rcq9.S(
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- CD Q)
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0 ~ ~ ~ ~ (Vl
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<CO 0 <0
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a::C c:: 0 0 0 0
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RFB: 2006-053
Publish Dates: May 31 & June 7, 2006
Page I of2
INVITATION TO BIDDERS
CITY OF PEARLAND, TEXAS
BID No.: 2006-053
Sealed bids will be received, in duplicate, referencing the following project in the office of the
City Secretary of the City of Pearl and, City Hall, Suite 309,3519 Liberty Drive, Pearland, Texas
77581, until 3:00 p.m., June 15,2006, at which time they will be publicly opened and read aloud
for the construction of:
Paving and Drainage Facilities for
AliceIMcHard Road Interconnect
The project will entail construction of paving and drainage for the interconnect road between
Alice Street and McHard Road as shown on the construction drawings prepared by City of
Pearland. The project site is located approximately 1,400 feet east of the McHard/S.H.35
intersection where it ties to McHard Road and extends southward approximately 325 feet where
it connects to Alice Street.
Information and Bid Documents: Copies of Contract Documents and Technical Specifications
and file Plans can be obtained from City of Pearl and, City Engineer's office upon request at no
charge.
City of Pearland,
Engineering Department
3523 Liberty Drive
Pearland, Texas 77581
Contact: Betty Foreman
(281) 652-1600
No bid may be withdrawn or terminated for a period of sixty (60) days subsequent to the bid
opening date without the consent of the City of Pearland. Unless otherwise expressly provided
herein, all references to "day(s)" shall mean calendar day(s).
Bid Security and Bonds: Bid Security in the form of Cashier's Check or Certified Check payable
to the City of Pearland in the amount of 5% of the total base bid price must accompany each
proposal. The successful bidders must furnish Performance and Payment Bonds as required by
Chapter 2253 of the Texas Government Code or other applicable law, as amended, upon the
form included in the Contract Documents, in the amount of one hundred percent (100%) of the
contract price, such bonds to be executed by a corporate surety duly authorized to do business in
the State of Texas, and named in the current list of "Treasury Department Circular No. 570",
naming the City of Pearl and, Texas as Obligee. Additionally, the successful bidder may be
138299v4 1942.0
RFB: 2006-053
Page 2 of2
required to provide a one year Maintenance Bond for the improvements installed as part of this
work, as provided in the Special Conditions of Agreement.
Equal Opportunity: All responsible bidders will receive consideration for award of contract
without regard to race, color, religion, sex, or national origin.
Selection Criteria: In determining to whom to award a contract, the City of Pearland may
consider: 1) purchase price; 2) reputation of the Bidder and Bidder's goods or services; 3)
quality of Bidder's goods or services; 4) extent to which the goods or services meet the Owner's
needs; 5) Bidder's past relationship with the Owner; 6) impact on the ability of Owner to comply
with laws and rules relating to contracting with historically underutilized businesses and
nonprofit organizations employing persons with disabilities; 7) total long-term cost to Owner to
acquire Bidder's goods or services; 8) the Qualifications of Bidders, including Financial
Statements of Bidders, identified in the Instructions to Bidders; and 9) any other relevant criteria
specifically listed in the Bidding Documents.
The City of Pearl and reserves the right to reject any or all bids.
A bid that has been opened may not be changed for the purpose of correcting an error in the bid
pnce.
Gordon Island, Purchasing Officer
Page 2 of2
May, 2006
138299v4 1942.0
Exhibit "A"
Resolution 2006-98 61 26106
City of Pearland, Texas
Alice/McHard Road
Interconnect
Contract Documents
May 2006
CITY OF PEARLAND
TABLE OF CONTENTS
ALICE/MCHARD ROAD INTERCONNECT
TABLE OF CONTENTS
INVITATION TO BIDDERS
INSTRUCTION TO BIDDERS
BID PROPOSAL
STANDARD FORM AGREEMENT
GENERAL CONDITIONS OF AGREEMENT
ATTACHMENT NO.1: WORKER'S CONPENSATION INSURANCE COVERAGE
ATTACHMENT NO.2: AGREEMENT FOR FINAL PAYMENT AND CONT ACTOR'S
SWORN RELEASE
ATTACHMENT NO.3: OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR
SPECIAL CONDITIONS OF AGREEMENT
WAGE SCALE FOR ENGINEERING CONSTRUCTION
PERFORMANCE BOND
PAYMENT BOND
ONE- YEAR MAINTENANCE BOND
04/2002
TOC-1
RFB: 2006-053
Publish Dates: May 31 & June 7, 2006
Page 1 of2
INVITATION TO BIDDERS
CITY OF PEARLAND, TEXAS
BID No.: 2006-053
Sealed bids will be received, in duplicate, referencing the following project in the office of the
City Secretary of the City of Pearl and, City Hall, Suite 309,3519 Liberty Drive, Pearland, Texas
77581, until 3:00 p.m., June 15,2006, at which time they will be publicly opened and read aloud
for the construction of:
Paving and Drainage Facilities for
Alice/McHard Road Interconnect
The project will entail construction of paving and drainage for the interconnect road between
Alice Street and McHard Road as shown on the construction drawings prepared by City of
Pearland. The project site is located approximately 1,400 feet east of the McHardlS.H.35
intersection where it ties to McHard Road and extends southward approximately 325 feet where
it connects to Alice Street.
Information and Bid Documents: Copies of Contract Documents and Technical Specifications
and file Plans can be obtained from City of Pearl and, City Engineer's office upon request at no
charge.
City of Pearl and,
Engineering Department
3523 Liberty Drive
Pearland, Texas 77581
Contact: Betty Foreman
(281) 652-1600
No bid may be withdrawn or terminated for a period of sixty (60) days subsequent to the bid
opening date without the consent of the City of Pearl and. Unless otherwise expressly provided
herein, all references to "day(s)" shall mean calendar day(s).
Bid Security and Bonds: Bid Security in the form of Cashier's Check or Certified Check payable
to the City of Pearl and in the amount of 5% of the total base bid price must accompany each
proposal. The successful bidders must furnish Performance and Payment Bonds as required by
Chapter 2253 of the Texas Government Code or other applicable law, as amended, upon the
form included in the Contract Documents, in the amount of one hundred percent (100%) of the
contract price, such bonds to be executed by a corporate surety duly authorized to do business in
the State of Texas, and named in the current list of "Treasury Department Circular No. 570",
naming the City of Pearl and, Texas as Obligee. Additionally, the successful bidder may be
138299v41942.0
RFB: 2006-053
Page 2 of2
required to provide a one year Maintenance Bond for the improvements installed as part of this
work, as provided in the Special Conditions of Agreement.
Equal Opportunity: All responsible bidders will receive consideration for award of contract
without regard to race, color, religion, sex, or national origin.
Selection Criteria: In determining to whom to award a contract, the City of Pearland may
consider: 1) purchase price; 2) reputation of the Bidder and Bidder's goods or services; 3)
quality of Bidder's goods or services; 4) extent to which the goods or services meet the Owner's
needs; 5) Bidder's past relationship with the Owner; 6) impact on the ability of Owner to comply
with laws and rules relating to contracting with historically underutilized businesses and
nonprofit organizations employing persons with disabilities; 7) total long-term cost to Owner to
acquire Bidder's goods or services; 8) the Qualifications of Bidders, including Financial
Statements of Bidders, identified in the Instructions to Bidders; and 9) any other relevant criteria
specifically listed in the Bidding Documents.
The City of Pearl and reserves the right to reject any or all bids.
A bid that has been opened may not be changed for the purpose of correcting an error in the bid
pnce.
Gordon Island, Purchasing Officer
Page 2 of2
May, 2006
138299v41942.0
Section 00200
INSTRUCTIONS TO BIDDERS
1. Defined Terms
The term "Bidder" means one who submits a Bid Proposal directly to Owner, as
distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful
Bidder" means the lowest responsible Bidder or the Bidder who provides goods or
services at the best value for the Owner, to whom Owner (on the basis of Owner's
evaluation as hereinafter provided) makes an award. The term "Bidding Documents"
includes the Invitation to Bidders, Instructions to Bidders, the Bid Proposal form, and
the proposed Contract Documents (including all Addenda issued prior to receipts of
bids). All other definitions set out in the Contract Documents are applicable to terms
used in the Bidding Documents. Unless otherwise expressly provided herein, all
references to "day(s)" shall mean calendar day(s).
2. Copies of Bidding Documents
2.1 Complete sets of Bidding Documents in the number and for the deposit sum
stated in the Invitation to Bidders may be obtained from the Engineer.
2.2 Complete sets of Bidding Documents must be used in preparing Bid Proposals;
neither Owner nor Engineer assumes any responsibility for errors or
misinterpretations resulting from the use of incomplete sets of Bidding
Documents.
2.3 Owner and Engineer, in making copies of Bidding Documents available on the
above terms, do so only for the purpose of obtaining Bid Proposals on the
Work, and do not confer a license or grant for any other use.
3. Qualifications of Bidders
3.1 In determining to whom to award a contract, the City of Pearland may consider,
in addition to the other selection criteria identified in section 15 of these
Instructions to Bidders, the following Qualifications of Bidder, and each Bidder
must be prepared to submit within two (2) days of Owner's request any or all of
such Qualifications requested:
1) A brief narrative of previous experience of the Bidder with projects of a
similar nature and scope;
2) A list, including owner name and project location, of on-going projects and
contracts for construction of projects of the Bidder which are not yet
substantially complete;
3) A list of proposed subcontractors and suppliers for the project being bid;
4) A list of name, address and telephone number of references for projects
completed by Bidder; and
OS/2006 140503v3 1942.0
00200-1 of 7
5) A Financial Statement of Bidder, consisting of the balance sheet and annual
income statement of Bidder for the Bidder's last fiscal year end preceding
the submission of the Bid Proposal, which has been audited or examined by
an independent certified public accountant. The Financial Statement of
Bidder shall be used to determine a Bidder's net working capital, which is
defined as current assets less current liabilities. A Bidder's net working
capital shall be considered evidence of the Bidder's ability to provide
sufficient financial management of the project being bid. The Bidder's
Financial Statement shall be clearly and conspicuously marked as
"confidential", and shall be deemed and treated as confidential and excepted
from the Public Information disclosure requirements of Texas Government
Code Section 552.001 et seq., as such information, if released, would give
advantage to a competitor or bidder, and/or would cause substantial
competitive harm to Bidder.
The apparent low Bidder must submit the Qualifications requested to the Owner
within 24 hours of Bid Proposal opening.
4. Examination of Contract Documents and Site
4.1 It is the responsibility of each Bidder before submitting a Bid Proposal, to (a)
examine the Bidding Documents thoroughly, (b) visit the site to become
familiar with local conditions that may affect cost, progress, performance or
furnishing of the Work, (c) consider federal, state and local laws and
regulations that may affect cost, progress, performance or furnishing of the
Work, (d) study and carefully correlate Bidder's observations with the Contract
Documents, and ( e) notify Engineer of all conflicts, errors, omissions or
discrepancies in the Contract Documents.
4.2 Any reports of explorations and tests of conditions at the site which have been
utilized by the Engineer in preparation of the Contract Documents will be made
available to Bidders for review, but are not part of the Contract Documents.
Bidder may not and should not rely upon the accuracy of the data contained in
such reports, interpretations or opinions contained therein, or the completeness
thereof, for the purposes of bidding or construction.
4.3 Information and data reflected in the Contract Documents with respect to
underground utilities, equipment or other underground facilities at or
contiguous to the site is based upon information and data furnished to Owner
and Engineer by owners of such underground facilities or others, and Owner
does not assume responsibility for the accuracy or completeness thereof.
4.4 Before submitting a Bid Proposal, each Bidder will, at Bidder's own expense,
make or obtain any additional examinations, investigations, explorations, tests
and studies and obtain any additional information and data which pertain to the
physical conditions (surface, subsurface and underground facilities) at or
contiguous to the site or otherwise which may affect cost, progress,
performance or furnishing of the Work and which Bidder deems necessary to
OS/2006 140503v3 1942.0
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determine its Bid Proposal prices for performing and furnishing the Work in
accordance with the Contract Time, Contract Price and other terms and
conditions of the Contract Documents.
4.5 On request in advance, Owner will provide each prospective Bidder access to
the site to conduct such explorations and tests as each prospective Bidder
deems necessary for submission of a Bid Proposal. Prospective Bidders shall
fill all holes, clean up and restore the site to its former condition upon
completion of such explorations.
4.6 The lands upon which the Work is to be performed, rights-of-way and
easements for access thereto and other lands designated for use by Contractor in
performing the Work are identified in the Contract Documents. All additional
lands and access thereto required for temporary construction facilities or storage
of materials and equipment are to be provided by Contractor. Easements for
permanent structures or permanent changes in existing structures are to be
obtained and paid for by Owner unless otherwise provided in the Contract
Documents.
4.7 The submission of a Bid Proposal will constitute an incontrovertible
representation by Bidder that Bidder has complied with every requirement of
this Article 4, that without exception the Bid Proposal is premised upon
performing and furnishing the Work required by the Contract Documents and
such means, methods, techniques, sequences or procedures of construction as
may be indicated in or required by the Contract Documents, and that the
Contract Documents are sufficient in scope and detail to indicate and convey
understanding of all terms and conditions for performance and furnishing of the
Work.
5. Interpretations and Addenda
5.1 All questions about the meaning or intent of the Contract Documents are to be
directed to Engineer. Interpretations or clarifications considered necessary by
Engineer in response to such questions will be issued by Addenda mailed or
delivered to all parties recorded by Engineer as having received the Bidding
Documents. Questions received less than five (5) days prior to the date for
opening of Bid Proposals may not be answered. Only questions answered by
formal written Addenda will be binding. Oral and other interpretations or
clarifications will be without legal effect.
5.2 Addenda may also be issued to modify the Bidding Documents as deemed
advisable by Owner or Engineer.
6. Bid Security
6.1 Each Bid Proposal must be accompanied by bid security made payable to
Owner in an amount of five percent of the Bidder's maximum Bid Proposal
OS/2006 140503v3 1942.0
00200-3 of 7
price, and in the form of a certified or cashier's check or a Bid Bond in the form
attached, if a form is prescribed ("Bid Security").
6.2 The Bid Security of the Successful Bidder will be retained until such Bidder has
executed the Standard Form of Agreement, and furnished the required
Performance and Payment Bonds, whereupon the Bid Security will be returned.
If the Successful Bidder fails to execute and deliver the Standard Form of
Agreement and furnish the required performance and payment bonds within ten
(10) days after the Notice of Award, Owner may annul the Notice of Award and
the Bid Security of that Bidder will be forfeited. The Bid Security of other
Bidders will be retained until after the Contract is awarded and the Standard
Form of Agreement becomes effective, or all bids are rejected, whereupon Bid
Security furnished by such Bidders will be returned.
7. Contract Time
The number of days in which the Work is to be Substantially Completed, as set forth in
the Bid Proposal form and the Standard Form of Agreement, subject to such extension
of time as may be due under the terms and conditions of the Contract Documents
("Contract Time").
8. Liquidated Damages and Early Completion Bonus
Provisions for liquidated damages and early completion bonus, if any, are set forth in
the Standard Form of Agreement.
9. Substitute or "Or-Equal" Items
The Contract, if awarded, will be on the basis of the selected materials and equipment
described in the Plans or specified in the Specifications without consideration of
possible substitute or "or-equal" items. Whenever it is indicated in the Plans or
specified in the Specifications that a substitute or "or-equal" item of material or
equipment may be furnished or used by the Contractor if acceptable to Engineer,
application for such acceptance will not be considered by Engineer until after the
Agreement becomes effective. All "or-equal" references shall be interpreted to mean
"or approved equal". The procedure for submission of any such application by
Contractor and consideration by Engineer is set forth in the Contract Documents.
10. Bid Form
10.1 The Bid Proposal form (Section 00300 - Bid Proposal) is included with the
Bidding Documents; additional copies may be obtained from Engineer (or the
issuing office).
10.2 All blanks on the Bid Proposal form must be completed in ink or by typewriter.
The Bidder shall bid all Alternates, if any. The Bidder shall initial each page of
the Bid Proposal form.
OS/2006 140503v3 1942.0
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10.3 Bid Proposals by corporations must be executed in the corporate name by the
president or a vice-president (or other corporate officer accompanied be
evidence of authority to sign) and the corporate seal must be affixed and
attested by the secretary or an assistant secretary. The corporate address and
state of incorporation must be shown below the signature.
10.4 Bid Proposals by partnerships must be executed in the partnership name and
signed by a general partner, whose title must appear under the signature, and if
a corporate general partner, executed as required above for corporations, and
the official address of the partnership must be shown below the signature.
10.5 All names must be typed or printed below the signature.
10.6 The Bid Proposal shall contain an acknowledgment of receipt of all Addenda
(the number of which must be filled in on the Bid Proposal form).
10.7 The address and telephone number for communications regarding the Bid
Proposal must be shown on the Bid Proposal form.
11. Submission of Bid Proposals
The place, date and/or time designated for opening Bid Proposals may be changed in
accordance with applicable laws, codes and ordinances.
Bid Proposals shall be submitted in duplicate at the time and place indicated in the
Invitation to Bidders and shall be enclosed in an opaque sealed envelope marked with
the Project title and name and address of the Bidder and accompanied by Bid Security.
If the Bid Proposal 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 of it.
Verbal, facsimile or electronic bids are invalid and will not be considered. Bid
Proposals submitted after the bid date and time will be returned to the Bidder
unopened.
12. Modification and Withdrawal of Bid Proposals
12.1 Bid Proposals may be modified or withdrawn by an appropriate document duly
executed (in the manner that a Bid Proposal must be executed) and delivered to
the place where Bid Proposals are to be submitted at any time prior to the
opening of Bid Proposals. A Bidder may not modify or withdraw its Bid
Proposal by verbal, facsimile or electronic means. A withdrawn Bid Proposal
may be resubmitted prior to the designated time for opening Bid Proposals.
12.2 If, within twenty-four (24) hours after Bid Proposals 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
OS/2006 140503v3 1942.0
00200-5 of 7
mistake in the preparation of its Bid Proposal, that Bidder may request to
withdraw its Bid Proposal and the bid security may be returned or forfeited at
the discretion of the Owner. Thereafter, that Bidder will be disqualified from
further bidding on the Project to be provided under the Contract Documents.
13. Opening of Bid Proposals
Bid Proposals will be opened and (unless obviously non-responsive) read aloud
publicly. An abstract of the amounts of the base Bid Proposals and major alternates (if
any) will be made available to Bidders after the opening of Bid Proposals. Bid
Proposals, in their entirety, shall be open for public inspection after the contract is
awarded, with the exception of any trade secrets or confidential information contained
therein, provided Bidder has expressly identified any specific information contained
therein as being trade secrets or confidential information.
14. Bid Proposals to Remain Subject to Acceptance
All Bid Proposals will remain subject to acceptance for sixty (60) days after the day of
the Bid Proposal opening, but Owner may, in its sole discretion, release any Bid
Proposal and return the bid security prior to that date.
15. Award of Contract
15.1 Owner reserves the right to reject any and all Bid Proposals, to waive any and
all informalities not involving price, time or changes in the Work and to
negotiate contract terms with the Successful Bidder. Owner may reject a bid as
non-responsive if: 1) Bidder fails to provide required Bid Security; 2) Bidder
improperly or illegibly completes or fails to complete all information required
by the Bidding Documents; 3) Bidder fails to sign the Bid Proposal or
improperly signs the Bid Proposal; 4) Bidder qualifies its Bid Proposal; 5)
Bidder tardily or otherwise improperly submits its Bid Proposal; 6) Bidder fails
to submit the Qualifications of Bidder as required under section 3 of these
Instructions to Bidders; or 7) Bid Proposal is otherwise non-responsive. In
determining the best value for the Owner, and in determining to whom to award
a contract, Owner may consider: 1) purchase price; 2) reputation of the Bidder
and Bidder's goods or services; 3) quality of Bidder's goods or services; 4)
extent to which the goods or services meet the Owner's needs; 5) Bidder's past
relationship with the Owner; 6) impact on the ability of Owner to comply with
laws and rules relating to contracting with historically underutilized businesses
and nonprofit organizations employing persons with disabilities; 7) total long-
term cost to Owner to acquire Bidder's goods or services; 8) the Qualifications
of Bidder; and 9) any other relevant criteria specifically listed in the Bidding
Documents. Discrepancies in the multiplication of units of Work and unit
prices will be resolved in favor of the unit prices. Discrepancies between the
indicated sum of any column of figures and the correct sum thereof will be
resolved in favor of the correct sum.
OS/2006 140503v3 1942.0
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15.2 In evaluating Bid Proposals, Owner will consider the Qualifications of the
Bidders, whether or not the Bid Proposals comply with the prescribed
requirements, and such alternates, unit prices and other data, as may be
requested in t~e Bid Proposal form or prior to the Notice of A ward.
15.3 Owner may conduct such investigations as Owner deems necessary to assist in
the evaluation of any Bid Proposal and to establish the responsibility,
qualifications and financial ability of Bidders, proposed Subcontractors,
suppliers and other persons and organizations to perform and furnish the Work
in accordance with the Contract Documents, to Owner's satisfaction, within the
Contract Time.
15.4 The contract is to be awarded to the lowest responsible Bidder or the Bidder
who provides goods or services at the best value for the Owner.
16. Contract Security
When the Successful Bidder delivers the executed Standard Form of Agreement to
Owner, it must be accompanied by the Performance and Payment Bonds required by
the Contract Documents. Bonds may be on the forms provided herein or an equal form
containing no substantive changes, as determined by Owner.
17. Signing of Agreement
When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied
by the required number of unsigned counterparts of the Standard Form of Agreement,
and the required Performance and Payment Bond forms. Within ten (10) days
thereafter Contractor shall sign and deliver the required number of counterparts of the
Standard Form of Agreement to Owner with the required Bonds. Within ten (10) days
thereafter, Owner shall deliver one fully signed counterpart to Contractor. There shall
be no contract or agreement between Owner and the Successful Bidder until proper
execution and attestation of the Standard Form of Agreement by authorized
representatives of the Owner.
18. Pre-bid Conference
A pre-bid conference will be held as indicated in the Invitation to Bidders. Attendance
at the pre-bid conference is not mandatory, but is recommended.
19. Retainage
Provisions concerning retainage are set forth in the Contract Documents.
END OF SECTION
OS/2006 140503v3 1942.0
00200- 7 of 7
CITY OF PEARlAND
BID PROPOSAL
Section 00300
BID PROPOSAL
Date: --k\ '5 \Oc:,
Bid of .:J?tl-lo, -:;::;';-C. , &ft.mdi~;dlial p.."l'rietaFEmlll a
corporatioq organized and existing under the laws of the State of Texas la-pa..b..l"'''~hip coft~istm~
of , for the construction of:
AIicelMcHardRoad Interconnect
Located Approximately 1,400 feet east of McHardlS.H. 35 Intersection
City of Pearland, Texas .
BID NO.: 2006-053
(Submitted in Duplicate)
To: The Honorable Mayor and City Council of Pearl and
. City of Pearl and
3519 Liberty Drive
Pearland, Texas 77581
Pursuant to the published Invitation to Bidders, and Instructions to Bidders, the undersigned
Bidder. hereby. proposes to do all the work and furnish all necessary superintendence, labor,
machinery, equipment, tools and materials, and whatever else maybe necessary to complete all
the work described in or reasonably inferable from the Contract Documents for the construction of
the AlicelMcHard Road Interconnect located approximately 1,400 feet east of
McHardlS.H. 35 intersection with all related appurtenances, complete, tested, and operational, in
accordance with the Plans, and Specifications prepared by the City of Pearland, under the City of
Pearland's inspection for the unit prices or applicable prices set forth on the attached bid sheet(s)
which bears the undersigned's initials for identification. It is understood that, in the event any
changes are ordered on any part of the Work, the applicable unit prices bid shall apply as additions
to or deductions from the total prices for the parts of the Work so changed.
The Bid Security required under the Instructions to Bidders is included with.this Bid Proposal.
The Bidder agrees to submit to the Owner the Qualifications of Bidder, including the Financial
Statement of Bidder, as required by the Instructions to Bidders.
The Bidder binds himself upon acceptance of his Bid Proposal to execute the Standard Form of
Agreement and furnish a Perfol1l181lce.Bond and a Payment Bond, each in the amount of one
. hundred percent (100%) of the total Contract Price, according to the forms included in the
Contract Documents.
The undersigned Bidder agrees to commence work within ten (10) days after the date ofa written
notice to commence work. . It is understood that the Work is to be Substantially Complete within
Thirty (30) days after the. date of the notice to commence work. Time for Substantial Completion
shall begin.on the date established by the notice to commence work. The Contractor will pay
0512006 140501 v3 1942.0
00300 - 1 of 3
CITY OF PEARLAND
BID PROPOSAL
liquidated damages in the amount of $!OOIdayin the event the Worlds not SubstJmililly ~o. lOp! Ie.
in this time limit.
Bidder's Initial .
Item Spec. Estimate
No. No. Bid IteDi Description Unit Quantity Unit Price Amount Bid
BASE BID ITEMS
1 24" RCP Storm Sewer, In Place LF 50 14S.50 ,l4ZS. ~
2 18" RCP Storm Sewer, In Place LF 30 \~;55 4.""1otS:>
3 12" RCP Storm Sewer, LF 15 NA NA
. In Place
4 24"x24" Type "A" Grate Inlet EA 2 NA NA
5 Type "c" Curb Inlet EA 2 \,loqO.oo "3,3&;J.ot:J
6 Exist. Type "c" Curb Inlet wi Extension EA 1 \ 1~!)6.00 \ F1?f:l).M
To be Modified
7 Trench Safety System LF 95 L7l. 1\5~
8 Grading Existing- Roadside Ditch LF 605
And Proposed Drainage Swales Al3D Z,loo\;5b
9 7" Reinforced Concrete Pavement Sy 1,400 54.20 48nl..O.oo
10 6" Reinforced Concrete Curb LF 735 'z../d) I ,~ \ \.00
11 8" Lime Stabilized Subgrade at 8% SY 1,610 13ldHs.lX>
By Weight( include all costs of placement) S..~
12 Concrete Paving Header LF 28 \ 8.30 5\'l..40
13 Roadway and Swale Excavation CY 770 \10.35 ~z.,'53l~
14 Removal of Existing Curb LF 125 \ls,. $ Z ,DfOL:5t>
15 Site Clearing and Grubbing, including AC 0.45 Z.\t~.DO q f38S.Ct)
. Removal of Existing Fence Per Plans
16 Hydromulch Seeding AC 0.35 . ~05D.DD laOCoi,So
17 Permanent Traffic Control Devices (i.e.- LS 1 .
Rl-1 Stop Sign with Street Name Plate 4f\5D.DO 4~.w
and Type ill (B) Barricades)
18 Handicap Sidewalk Ramps EA 5 '""AS .()() 3\q 15,/X)
19 6' Wide x 4" Thick Concrete Sidewalk LF 205 LA Ao SlDO'Z..CO
SUBTOTAL BASE ITEMS \Z4~ .2LJ
EXTRA BID ITEMS
1 lW' Thick Hot-Mix Aspaltic Paving . SY 280 . 'Z3.SS ~,s<\4.00
2 6". Crushed Limestone Base SY 310 t.4l~o -4 \~~q..OO
3 8" Lime Stabilized Subgrade at 8% SY 363
By Weight(include all costs of placement) ~.50 3tO&s.~
0512006140501v3 1942.0
00300 - 2of3
CITY OF PEARLAND
BID PROPOSAL
Item Spec.
No. No.
4
Bid Item Description
Existing Roadside Ditch Re-alignment .
For Alice 81. Widening
Emmate
Unit Quantity
LF.. 80
Unit Price
Amount Bid
. 1&1:0'
\5t)~.50
TOTAL BID PRICE \~P33
Bidder's Initials.
It is agreed that the Contract Price may be increased or decreased to cover work added, alte r
deleted by order of the Engineer, in accordance with the provisions of the General Conditions of
Agreement.
q.\S
SUBTOTAL EXTRA ITEMS
The undersigned agrees that the amounts bid in this Bid Proposal will not be withdrawn or
modified for sixty (60) days following date of Bid Proposal opening, or such longer period as may
be agreed to in Writing by the City of Pearl and and Bidder.
It is understood that in the event the Successful Bidder fails to enter into the Standard Form of
Agreement and/or to furnish a Performance Bond and Payment Bond, each in the amount of one
hundred (100) perceJ;lt of the Contract Price, within ten (10) days of the Notice of Award, the
Successful Bidder will forfeit the Bid Security as provided in the Instructions to Bidders.
Unless otherwise expressly provided herein, all references to "day(s)" shall mean calendar day(s).
The following Addenda have been received. The modifications to the Bidding Documents noted
therein have been considered and all costs thereto are included in the Bid Proposal prices.
Addendum No.:
Addendum No.:
Addendum No.:
Date:
Date:
Date:
Addendum No.:
Addendum No.:
Addendum No.:
Date:
Date:
Date: .
Bidder hereby represents that the only person or parties interested in this offer as principals are
those named above. Bidder has Dot directly or indirectly entered into any agreement, participated
in any collusion, or otherwise take any action in restraint of free competitive bidding.
(Seal, if Bidder is a Corporation)
0512006 140501v3 1942.0
00300 - 3 of3
CITY OF PEARLAND
BID PROPOSAL
(Typed or Printed Name)
Signature
Date: to \\5 \0(0
END OF SECTION
. Bidder's InitiIliS~
.0512006 140501v3 1942.0
00300 - 4 of3
CITY OF PEARLAND
STANDARD FORM OF AGREEMENT
SECTION 00500
STANDARD FORM OF AGREEMENT
THIS AGREEMENT is by and between City of Pearl and (hereinafter called OWNER or City)
and JABO, INC. (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree
as follows:
Article 1.
WORK
CONTRACTOR shall complete all work as specified or indicated in or reasonably
inferable from the Contract Documents (hereinafter the "Work"). The Work is generally
described as follows:
ALICE/McHARD ROAD INTERCONNECT
LOCATED APPROXIMATELY 1,400 FEET EAST OF MeBARD/S.H. 35 INTERSECTION
CITY OF PEARLAND
BID NO. 2006-053
Article 2. ENGINEER
The Work has been designed by City of P earl and who is hereinafter called
ENGINEER and who is to assume all duties and responsibilities and have the rights and
authority assigned to ENGINEER in the Contract Documents in connection with
completion of the Work in accordance with the Contract Documents.
Article 3.
3.1
3.2
CONTRACT TIME
The Work will be Substantially Complete (as defined in Article 1 of the General
Conditions) within thirty (30) calendar days (including weekends and holidays)
from the date when the Contract Time commences to run as provided in paragraph
5.01 of the General Conditions (as revised in the Special Conditions if applicable),
and completed and ready for Final Payment within forty-five (45) days from the
date when the Contract Time commences to run. No work will be allowed on
Sundays.
Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work
is not completed within the times specified in paragraph 3.1 above, plus any
extensions thereof allowed in accordance with Article 12 of the General
Conditions. OWNER and CONTRACTOR also recognize the delays, expense and
OS/2006 138300 1942.0
00500-1
CITY OF PEARLAND
STANDARD FORM OF AGREEMENT
difficulties involved in proving in a legal or arbitration proceeding the actual loss
suffered by OWNER if the Work is not completed on time. Accordingly, instead
of requiring any such proof, OWNER and CONTRACTOR agree that as
liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay
OWNER two hundred dollars ($100.00) for each day that expires after the time
specified in paragraph 3.1 for Substantial Completion until the Work is
substantially complete. After Substantial Completion, if CONTRACTOR shall
neglect, refuse or fail to complete the remaining Work within the time set out in
the Certificate of Substantial Completion or any proper extension thereof granted
by OWNER, CONTRACTOR shall pay OWNER one hundred dollars ($100.00)
for each day that expires after the time specified in the Certificate of Substantial
Completion for completion and readiness for Final Payment.
Inspection Time. Working hours for the Pearland Inspection personnel are from
7:30 a.m. to 4:30 p.m., Monday through Friday, excluding City approved
holidays. The Contractor shall notify the OWNER of any required inspection
overtime work at least 48 hours in advance and shall pay the overtime wages for the
required City inspections.
3.3
Article 4.
CONTRACT PRICE
4.1 OWNER shall pay CONTRACTOR for completion of the Work in strict accordance
with the Contract Documents in current finds as follows (the "Contract Price"):
Item
Description
24" RCP Storm Sewer, in Place
18" RCP Storm Sewer, in Place
12" H.D.P.E. PVC Storm Sewer, In Place
24"x24" Type "A" Grate Inlet
Type "c" Curb Inlet
Exist. Type "c" Inlet w/Extension to be Modified
Trench Safety System
Grading of Existing Roadside Ditch and Proposed Swales
7" Reinforced Concrete Pavement
6" Reinforced Concrete Curb
8" Lime Stabilized Sub grade at 8% by Weight
Concrete Paving Header
Roadway and Swale Excavation
Removal of Existing Curb
Site Clearing and Grubbing, including Removal of
Existing Fence Per Plans
HydromuIch Seeding
Permanent Traffic Control Devices
Item
Quantity
50
30
15
2
2
1
95
605
1,400
735
1,610
28
770
125
0.45
0.35
1
OS/2006 138300 1942.0
Units Unit Price
Total Price
LF
LF
LF
EA
EA
EA
LF
LF
SY
LF
SY
LF
CY
LF
AC
AC
LS
00500-2
CITY OF PEARLAND
STANDARD FORM OF AGREEMENT
(Stop Sign wi Street Name)
Total of all work items
$ 124,508.80
EXTRA PAY ITEMS
These extra items are to be included as part ofthe Base Bid, but are subject to possible
removal by the Owner at which the Base Bid price will be revised to reflect the change:
Item Description
Item
Quantity
280
310
363
Units
Units
Price
Total
Price
1 Yz" Thick Hot-Mix Asphaltic Paving
6" Crushed Limestone Base
8" Lime Stabilized Subgrade at 8%
By Weight
Existing Roadside Ditch Re-alignment
For Alice Street Widening
Total of all work items
SY
SY
SY
80
LF
$
15,030.50
Article 5.
PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with Section 6.0
"Measurement and Payment" of the General Conditions. Application for Payment will be
processed by ENGINEER as provided in the General Conditions.
5.1 Progress Payments. OWNER shall make progress payments on account ofthe
Contract Price on the basis of CONTRACTOR's Application for Payment as
recommended by ENGINEER as provided below. All progress payments will be
on the basis ofthe progress of the Work and actual quantity of Work completed,
in accordance with Article 6 "Measurement and Payment" of the General
Conditions.
5.1.1 Prior to Substantial Completion, progress payments will be made in an
amount equal to the percentage or actual quantity of Work complete, but,
in each case, less the aggregate of payments previously made and less such
amounts as ENGINEER shall determine, or OWNER may withhold, in
accordance with the General Conditions. The OWNER shall make payment
within 30 days of receipt of application for payment by the ENGINEER.
5.1.2 Each progress payment shall be less retainage as specified in Paragraph
6.06 of the General Conditions, and further less all previous payments and
all further sums that may 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
OS/2006 138300 1942.0 00500-3
CITY OF PEARLAND
STANDARD FORM OF AGREEMENT
written recommendation of the ENGINEER pay a reasonable and equitable
portion of the retained percentage to the CONTRACTOR, or the
CONTRACTOR at the OWNER's option, may be relieved of the obligation to
fully complete the Work and, thereupon, the CONTRACTOR shall receive
payment of the balance due him under the contract subject only to the
conditions stated under "Final Payment."
5.2
Final Payment. Upon final completion and acceptance of the Work in accordance
with paragraph 6.09 ofthe General Conditions, OWNER shall pay the remainder
of the Contract Price as recommended by ENGINEER as provided in said paragraph
6.09.
Article 6.
INTEREST
Interest on any overdue payment from OWNER to CONTRACTOR shall be paid in
accordance with the provisions of Chapter 2251 of the Texas Government Code, as
amended.
Article 7.
CONTRACTOR'S REPRESENT A nONS
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the
following representations:
7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract
Documents, Work, site, locality, and all local conditions and Laws and
Regulations that in any manner may affect cost, progress, performance or
furnishing of the Work.
7.2 CONTRACTOR has studied carefully all available surveys, assessments, reports
of explorations, investigations and tests of subsurface conditions and drawings of
physical conditions of the site. Such technical reports and drawings are not
Contract Documents, and Owner makes no representations or warranties as to the
accuracy of such documents or information, or to whether or not they are
complete, comprehensive or all-inclusive.
7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for
obtaining and carefully studying) all such examinations, investigations,
explorations, tests, reports, and studies (in addition to or to supplement those
referred to in paragraphs 7.2 above) which pertain to the subsurface or physical
conditions at or contiguous to the site or otherwise may affect the cost, progress,
performance or furnishing of the Work ,and CONTRACTOR assumes the risk of
such subsurface and physical conditions, and shall furnish the Work at the
Contract Price, within the Contract Time and in accordance with the other terms
OS/2006 138300 1942.0
00500-4
CITY OF PEARLAND
STANDARD FORM OF AGREEMENT
7.4
7.5
7.6
Article 8.
and conditions of the Contract Documents; and no additional examinations,
investigations, explorations, tests, reports, and studies or similar information or
data are or will be required by CONTRACTOR for such purposes.
CONTRACTOR has reviewed and checked all information and data shown or
indicated on the Contract documents with respect to existing underground facilities at
or contiguous to the site and assumes responsibility for the accurate location of
said underground facilities. No additional examinations, investigations,
explorations, tests, reports, studies or similar information or data in respect of said
underground facilities are or will be required by CONTRACTOR in order to
perform and finish the Work at the Contract Price, within the Contract Time and
in accordance with the other terms and conditions of the Contract Documents.
CONTRACTOR has correlated the results of all such observations, examinations,
investigations, explorations, tests, reports and studies with the terms and
conditions of the Contract Documents.
CONTRACTOR has given ENGINEER written notice of all conflicts, errors or
discrepancies in the Contract Documents of which Contractor knew or should
have known, and CONTRACTOR shall perform the Work at the Contract Price,
within the Contract Time and in accordance with the other terms and conditions of
the Contract Documents, including any written resolution of any such conflict,
error or discrepancy by ENGINEER.
CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following, each of which are
incorporated herein by reference:
8.1 Standard Form of Agreement (Section 00500).
8.2 Performance, Payment and/or Maintenance Bonds (Sections 00610,00612 and
00620).
8.3 General Conditions of Agreement (Section 00700), including Attachment No.1
Workers' Compensation Insurance Coverage, Attachment No.2 Agreement for
Final Payment and Contractor's Sworn Release, and Attachment No.3 Owner's
Insurance Requirements of Contractor.
8.4 Special Conditions of Agreement (Section 00800).
OS/2006 138300 1942.0
00500-5
CITY OF PEARLAND
STANDARD FORM OF AGREEMENT
8.5 Plans, consisting of sheets numbered 1 through 4 inclusive with attachments with
each sheet bearing the following general title:
8.6 Instructions to Bidders and CONTRACTOR's Bid Proposal, including any
Addenda referenced therein
8.7 Technical Specifications for the Work
8.8 The following which may be delivered or issued after this Agreement becomes
effective: Any Change Orders or other documents amending, modifying, or
supplementing the Contract Documents in accordance with the General
Conditions.
There are no Contract Documents other than those listed above in this Article 8. The
Contract Documents may only be amended, modified or supplemented as provided in the
General Conditions.
Article 9.
9.1
9.2
9.3
9.4
9.5
MISCELLANEOUS
Terms used in this Agreement which are defined in Section 1, "Definitions and
Interpretations" of the General Conditions will have the meanings indicated in the
General Conditions.
No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of
the party sought to be bound; and specifically but without limitation moneys that
may become due and moneys that are due may not be assigned without such
consent (except to the extent that the effect of this restriction may be limited by
law), and unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty or
responsibility under the Contract Documents.
OWNER and CONTRACTOR each binds itself, its partners, successors, assigns
and legal representative to the other party hereto, its partners, successors, assigns
and legal representatives in respect of all covenants, agreements and obligations
contained in the Contract Documents.
CONTRACTOR agrees to warranty the Work for a period of one (1) year from
Substantial Completion against defects in materials and workmanship.
CONTRACTOR agrees to repair or replace any defective work within this
warranty period in an expeditious manner at no additional cost to OWNER.
The Work will be completed according to the Contract Documents and in
OS/2006 138300 1942.0
00500-6
CITY OF PEARLAND
STANDARD FORM OF AGREEMENT
accordance with codes, ordinances and construction standards of the City of
Pearland, and all applicable laws, codes and regulations of governmental
authorities.
9.6 In the event any notice period required under the Contract Documents is found to
be shorter than any minimum period prescribed by applicable law, the notice
period required shall be construed to be the minimum period prescribed by
applicable law.
9.7 This Contract and the Contract Documents, insofar as they relate in any part or in
any way to the Work undertaken therein, constitute the entire agreement between
the parties hereto, and it is expressly understood and agreed that there are no
agreements or promises by and between said parties, except as aforesaid, and that
any additions thereto or changes shall be in writing.
9.8 The provisions of this Contract shall be applied and interpreted in a manner
consistent with each other so as to carry out the purposes and the intent of the
parties, but if for any reason any provision is unenforceable or invalid, such
provisions shall be deemed severed from this Contract and the remaining
provisions shall be carried out with the same force and effect as if the severed
provision had not been part of this Contract.
9.9 The headings of the paragraphs are included solely for the convenience of
reference and if there is any conflict between the headings and the text of this
Contract, the Contract text shall control.
9.10 The waiver of any breach hereof shall not constitute a waiver of any subsequent
breach of the same or any other provision hereof. Failure by the OWNER in any
instance to insist upon observance or performance by CONTRACTOR shall not
be deemed a waiver by CONTRACTOR of any such observance or performance.
No waiver will be binding upon OWNER unless in writing and then will be for
the particular instance only. Payment of any sum by OWNER to
CONTRACTOR with knowledge of any breach or default will not be deemed a
waiver of such breach or default or any other breach or default.
OS/2006 138300 1942.0
00500-7
CITY OF PEARLAND
STANDARD FORM OF AGREEMENT
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in
duplicate. One counterpart each has been delivered to OWNER and one to CONTRACTOR.
This Agreement will be effective upon execution and attestation by authorized
representatives of the City o{ Pearland and upon the followi date:
?- d;;'-
OWNER
CITY OF PEARLAND
By: Bi 11 Ei sen
Title: Ci ty Manager
~.
.-'
Date:
Date: August 15, 2006
ATTEST
Young Lorfing, TRMC, City Secretary
Address for giving notices
3519 Liberty Drive
Pearland, TX 77581
ill
ATTEST
ANDY CO L, VICE-PRESIDENT
Address for givi g notices
2003 WILSO ROAD
HUMBLE, TX 77396
Phone: 281-446-4781
Fax: 281-446-6839
Phone: 281-652-1663
Fax:
Agent for service of process
END OF SECTION
OS/2006 138300 1942.0
00500-8
CITY OF PEARLAND
GENERAL CONDITIONS OF AGREEMENT
GENERAL CONDITIONS OF AGREEMENT
CITY OF PEARLAND
BRAZORIA COUNTY, TEXAS
ALICE/MCHARD ROAD INTERCONNECT
OS/2006 138304 1942.0
00700-i
CITY OF PEARLAND
GENERAL CONDITIONS OF AGREEMENT
GENERAL CONDITIONS OF AGREEMENT
TABLE OF CONTENTS
Pa2e
No.
1.0 DEFINITIONS AND INTERPRETATIONS 1
1.01 Owner, Contractor and Engineer 1
1 .02 Contract Documents 1
1.03 Subcontractor 2
1.04 Written Notice 2
1.05 Work 2
1.06 Extra Work 3
1.07 Working Day 3
1.08 Calendar Day 3
1.09 Substantially Completed 3
1 .10 Interpretation of Words and Phrases 3
1.11 Referenced Standards 3
1.12 Special Conditions 3
2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 4
2.01 Adequacy of Design 4
2.02 Right of Entry 4
2.03 Ownership of Drawings 4
2.04 Changes and Alterations 5
OS/2006 138304 1942.0
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CITY OF PEARLAND
GENERAL CONDITIONS OF AGREEMENT
2.05 Damages 5
3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 5
3.01 Owner- Engineer Relationship 5
3.02 Keeping of Plans and Specifications Accessible 6
3.03 Preliminary Approval 6
3.04 Inspection by Engineer 6
3.05 Determination of Questions and Disputes 7
3.06 Recommendation of Payment 7
4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 7
4.01 Independent Contractor 7
4.02 Contractor's Understanding 8
4.03 Laws and Ordinances 8
4.04 Assignment and Subletting 9
4.05 Performance and Payment Bonds 9
4.06 Insurance 9
4.07 Permits and Fees 9
4.08 Texas State Sales Tax 9
4.09 Contractor's Duty and Superintendence 10
4.10 Character of Workers 10
4.11 Labor, Equipment, Materials, Construction Plant and Buildings 10
4.12 Sanitation 11
4.13 Cleaning and Maintenance 11
OS/2006 138304 1942.0
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CITY OF PEARLAND
GENERAL CONDITIONS OF AGREEMENT
4.14 Performance of Work 11
4,15 Right of Owner to Modify Methods and Equipment 11
4.16 Layout of Work 11
4.17 Shop Drawings 12
4.18 Engineer-Contractor Relationship; Observations 12
4.19 Observation and Testing 13
4.20 Defects and Their Remedies 13
4.21 Liability for Proper Performance 14
4.22 Protection Against Accident To Employees and the Public 14
4.23 Protection of Adjoining Property 15
4.24 Protection against Claims of Subcontractors, Laborers, Materialmen
and Furnishers of Machinery and Supplies 16
4.25 Protection Against Royalties or Patented Invention 16
4.26 Indemnification 17
4.27 Losses From Natural Causes 18
4.28 Guarantee 18
5.0 PROSECUTION AND PROGRESS 19
5.01 Time and Order of Completion 19
5.02 Extension of Time 19
5.03 Hindrances and Delays 20
5.04 Suspension of Work 20
5.05 Liquidated Damages for Delay 20
05i2006 138304 1942.0
00700-iv
CITY OF PEARLAND
GENERAL CONDITIONS OF AGREEMENT
6.0 MEASUREMENT AND PAYMENT 21
6.01 Discrepancies and Omissions 21
6.02 Quantities and Measurements 21
6.03 Estimated Quantities 21
6.04 Price of Work 21
6.05 Payments 22
6.06 Partial Payments 22
6.07 Use of Completed Portions & Punchlist 24
6.08 Final Completion and Acceptance 24
6.09 Final Payment 25
6.10 Correction of Work After Final Payment 26
6.11 Payments Withheld 26
6.12 Delayed Payments 27
7.0 EXTRA WORK AND CLAIMS 27
7.01 Change Orders 27
7.02 Minor Changes 27
7.03 Extra Work 27
7.04 Time of Filing Claims 29
8.0 DEFAULT 30
8.01 Default by Contractor 30
8.02 Supplementation of Contractor Forces 32
8.03 Cumulative Remedies & Specific Performance 32
OS/2006 138304 1942.0
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CITY OF PEARLAND
GENERAL CONDITIONS OF AGREEMENT
8.04 Cross- Default
8.05 Insolvency
8.06 Contingent Assignment
8.07 Waiver of Consequential Damages
8.08 Termination for Convenience
8.09 Default by Owner
9.0 DISPUTE RESOLUTION
32
32
33
33
33
34
34
ATTACHMENT NO.1 .WORKER'S COMPENSATION INSURANCE COVERAGE Al
A TT ACHMENT NO.2 .AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S
SWORN RELEASE BI
ATTACHMENT NO.3 - OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR Cl
SPECIAL CONDITIONS OF AGREEMENT 800-1
WAGE SCALE FOR ENGINEERING CONSTRUCTION 811-1
WAGE SCALE FOR BUILDING CONSTRUCTION 813-1
OS/2006 138304 1942.0
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CITY OF PEARLAND
GENERAL CONDITIONS
SECTION 00700
GENERAL CONDITIONS OF AGREEMENT
1.0 DEFINITIONS AND INTERPRETATION
1.01 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the
CONTRACTOR and the ENGINEER are those persons or organizations identified as such in the
Agreement. The term ENGINEER as used in these General Conditions shall refer to the
Engineer or Architect identified in the Agreement, as applicable, and means a person authorized
to act as a representative of the entity designated by the OWNER to provide professional
services required in connection with the preparation and performance of this Contract.
1.02 CONTRACT DOCUMENTS. The Contract Documents shall consist of all ofthe
documents identified in Article 8 of the Standard Form of Agreement, which documents,
excluding the Plans and such documents as may be delivered or issued after the Effective Date of
the Agreement, as referenced in Article 8, shall be bound together in a Project Manual for the
Work. All references to the "Contract" or the "Agreement" in these General Conditions of
Agreement shall include the Contract Documents.
The Contract Documents are complementary, and what is required by one shall be binding as if
required by all. In the event of any conflict among the Contract Documents, the Contract
Documents shall govern in the following order:
(1) Modifications in writing and signed by both parties, including any Change
Orders;
(2) Standard Form of Agreement;
(3) Special Conditions of Agreement;
(4) General Conditions of Agreement, including Attachment No. 1 - Workers'
Compensation Insurance Coverage, Attachment No. 2 - Agreement for Final
Payment and CONTRACTOR'S Sworn Release, and Attachment No. 3 -
Owner's Insurance Requirements of Contractor;
(5) Addenda, if any;
(6) Plans and Specifications referenced or included in the Project Manual. In the
event of a conflict or inconsistency between or within the Plans and Specifications
or other Contract Documents, or the Contract Documents and applicable
standards, codes and ordinances, CONTRACTOR shall provide the greater
OS/2006 138304 1942.0
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CITY OF PEARLAND
GENERAL CONDITIONS
quantity or better quality, or CONTRACTOR shall comply with the more
stringent requirements, as determined by ENGINEER;
(7) Instructions to Bidders;
(8) Bid Proposal; and
(9) Exhibits: The following Exhibits, attached hereto, are incorporated herein, and
are a part ofthis Contract:
Terms or phrases used in the Contract Documents with a well-known technical or construction
industry meaning shall have such recognized meanings. References to standards, specifications,
manuals or codes of any technical society, organization or association, or to the laws or
regulations of any governmental authority, shall mean the latest in effect on the effective date of
the Contract, unless otherwise stated in the Contract Documents.
1 .03 SUBCONTRACTOR. The term "subcontractor", as employed herein, includes
those having a contract with the CONTRACTOR or a subcontractor for performance of work on
the Project contemplated by these Contract Documents. OWNER shall have no responsibility to
any subcontractor for performance of work on the Project contemplated by these Contract
Documents, and any such subcontractor shall look exclusively to CONTRACTOR for any
payments due subcontractor.
1.04 WRITTEN NOTICE. Written Notice shall be deemed to have been duly served
if delivered in person to the individual or to a partner of the partnership or joint venture, or to an
officer of the corporation or company for whom it is intended, or if delivered at or sent by
Certified Mail, Return Receipt Requested, to the last known business address or registered office
of such individual, partnership, joint venture or corporation or company, or to the address for
giving notices listed in the Standard Form of Agreement.
1.05 WORK. Unless otherwise stipulated, the CONTRACTOR shall provide and pay
for all materials, supplies, machinery, equipment, tools, superintendence, labor, services,
insurance, and all water, light, power, fuel, transportation and all other facilities or services of
any nature whatsoever necessary for the execution and completion of the Work described in the
Standard Form of Agreement. Unless otherwise specified, all materials shall be new, and both
workmanship and materials shall be of good quality. The CONTRACTOR shall, if required by
the ENGINEER as representative of the OWNER, furnish satisfactory evidence as to the kind
and quality of materials. Materials or work described in words which so applied have well-
known, technical or trade meaning shall be held to refer to such recognized standards. All work
shall be done and all materials shall be furnished in strict conformity with the Contract
Documents.
1.06 EXTRA WORK. The term "Extra Work", as used III this Contract, shall be
OS/2006 138304 1942.0
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CITY OF PEARLAND
GENERAL CONDITIONS
understood to mean and include all work that may be required by the ENGINEER as
representative of the OWNER, to be done by the CONTRACTOR to accomplish any change,
alteration or addition to the work shown upon the plans or reasonably inferable from the plans
and/or specifications, and which shall, prior to the commencement of such work, be authorized
in writing by the ENGINEER.
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. A "calendar day" is any day of the week or month, no days
being excepted. Unless otherwise expressly provided, all references to "day(s)" shall mean
calendar day(s).
I .09 SUBSTANTIALLY COMPLETED. The terms "Substantially Completed", or
"Substantially Complete" or "Substantial Completion" as used in this Contract, mean that the
structure, facility, improvement or project contemplated by the Contract Documents has been
made suitable for use and occupancy, including issuance of any necessary certificate of
occupancy or similar document, or with regard to such projects as would not be occupied (i.e.
roads, etc.) is in a condition to serve its intended purpose, requiring only minor miscellaneous
work and adjustment to achieve Final Completion, as determined by the ENGINEER.
1.10 INTERPRETATION OF WORDS AND PHRASES. Whenever the words
"directed", "permitted", "designated", "required", "ordered", "considered necessary",
"prescribed" or words of like import are used, it shall be understood that the direction,
requirement, permission, order, opinion designation or prescription of the ENGINEER as the
OWNER's representative is intended. Similarly, the words "approved", "acceptable",
"satisfactory" or words of like import shall mean that no exception is taken by ENGINEER, but
does not relieve CONTRACTOR of responsibility for compliance with the Contract Documents.
Whenever in the Specifications or Drawings of the Contract Documents, the terms of description
of various qualities relative to finish, workmanship or other qualities of similar kind which
cannot, from their nature, be specifically and clearly described and specified, but are necessarily
described in general terms, the fulfillment of which must depend on individual judgment, then, in
all such cases, any question of the fulfillment of said Specifications shall be decided by the
ENGINEER as the OWNER's representative, and said work shall be done in accordance with his
interpretations of the meaning of the words, terms or clauses defining the character of the work.
1.11 REFERENCED STANDARDS. No provision of any referenced standard
specification, or manual shall be effective to change the duties and responsibilities of the Owner,
Engineer, Contractor, or their consultants, employees, or representatives from those set forth in
the Contract Documents, nor shall it be effective to assign to the Engineer or its consultants,
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employees, or representatives any duty or authority to supervise or direct the furnishing or
performance of the Work or any duty or authority to undertake responsibilities contrary to
provisions of the Contract Documents.
2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER
2.01 NO WARRANTY OF DESIGN. It is understood that the OWNER MAKES NO
WARRANTY OF THE ADEQUACY, ACCURACY OR SUFFICIENCY OF THE PLANS
AND SPECIFICA TrONS OR ANY OTHER DESIGN DOCUMENTS, AND OWNER
HEREBY EXPRESSLY DISCLAIMS ANY SUCH WARRANTY, EXPRESS OR IMPLIED.
Prior to commencing each portion of the Work, CONTRACTOR shall carefully study and
compare the relevant Contract Documents, shall observe conditions at the site affecting the
Work, and shall take field measurements of existing conditions related to the Work. Any errors,
omissions or inconsistencies in the Contract Documents noted by the CONTRACTOR, and/or
any variance between the Contract Documents and applicable codes, standards or ordinances,
shall be promptly reported by CONTRACTOR to ENGINEER in writing as a Request for
Information. CONTRACTOR shall not proceed with the affected portion of the Work until it
receives ENGINEER's written response to such Request for Information, and then only in
accordance with ENGINEER's response. If CONTRACTOR fails to perform its obligations
under this paragraph, CONTRACTOR shall pay such costs and damages to OWNER as would
have been avoided if CONTRACTOR had reported any errors, omissions, inconsistencies or
variances in the Contract Documents noted by CONTRACTOR or which should have been noted
by a careful study of the Contract Documents. CONTRACTOR shall comply with the Contract
Documents, all approved modifications thereof and additions and alterations thereto approved in
writing by the OWNER. The burden of proof of such compliance shall be upon the
CONTRACTOR to show that he has complied with the requirements of the Contract Documents
and approved modifications thereof and all approved additions and alterations, thereto, as the
same shall have been interpreted by the ENGINEER.
2.02 RIGHT OF ENTRY. The OWNER reserves the right to enter the property or
location on which the work herein contracted for is to be performed, constructed or installed, for
itself or such agent or agents as it may select, for the purpose of inspecting the work, or for the
purpose of performing, constructing or installing such collateral work as the OWNER may
desire. The OV /NER shall have the right to make inspections at all reasonable times, and the
CONTRACTOR hereby waives any claims for extension of time and/or compensation for any
loss or damage if his work shall be delayed by reason of such inspection, performance,
construction or installation of collateral work.
2.03 OWNERSHIP OF DRAWINGS. All drawings, specifications and copies thereof
furnished by the OWNER shall not be reused on other work and, with the exception of the sets
forming the part of the signed Contract Documents, are to be returned to the OWNER on request
at the completion of the Work. All drawings and models are the property of the OWNER.
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2.04 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that the
Owner may make such changes mid alterations, additions and deletions as the OWNER may see
fit, in the Work, including but not limited to changes in line, grade, form, dimensions, plans or
specifications for the Work herein contemplated, or any part thereof, either before or after the
beginning of construction, without affecting the validity of this Contract and the corresponding
Performance mid Payment Bonds.
If such changes or alterations or deletions diminish the quantity or the value of the Work to be
done, they shall not constitute the basis for a claim for compensation or damages, including lost
or anticipated profits on the Work that may be affected. If the amount of Work is increased and
the work can fairly be classified under the specifications, such increase shall be paid for
according to the quantity actually done and at the unit price, if any, established for such work
under this Contract, otherwise, such additional work shall be paid for as provided under Article 7
hereof for Extra Work. In case the OWNER shall make such changes or alterations as shall
make useless any Work already done or material already furnished or used in said Work, then the
OWNER shall compensate 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.
2.05 DAMAGES. In the event the OWNER is damaged in the course of the work by
the act, negligence, omission, mistake or default of the CONTRACTOR, or should the
CONTRACTOR unreasonably delay the progress of the work being done by others on the job so
as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse
the OWNER for such loss.
3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER
3.01 OWNER-ENGINEER RELATIONSHIP. The ENGINEER shall serve as the
OWNER'S representative during construction. The duties, responsibilities and limitations on the
authority of the ENGINEER as the OWNER's representative during construction are set forth in
the Contract Documents; and the ENGINEER shall not have authority to extend the OWNER's
liability or to bind the OWNER for any additional liability of any nature whatsoever without the
written consent of the OWNER. Any communications by the OWNER to the CONTRACTOR
regarding the Work shall be issued through the ENGINEER.
It is the intent of this Agreement that there shall be no delay in the execution of the Work;
therefore, written decisions or directions rendered by the ENGINEER as the OWNER's
representative shall be promptly carried out, and any claim arising therefrom shall be resolved as
provided in Article 7. Unless otherwise specified, it is mutually agreed between the parties to this
Agreement that the ENGINEER shall have the authority to issue written stop work orders
whenever such stoppage may be necessary to insure the performance of the Work in accordance
with the Contract Documents.
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3.02 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 the CONTRACTOR, and the
CONTRACTOR shall keep one copy of the same constantly accessible on the job site, with the
latest revisions noted thereon. The CONTRACTOR shall be responsible for preserving the Plans
and Specifications, timely and accurately updated, for reference and review by the OWNER or
the ENGINEER.
3.03 PRELIMINARY APPROVAL. The ENGINEER shall not have the power to
waive the obligations imposed under this Contract for the furnishing by the CONTRACTOR of
new material of good quality, and for good and workmanlike performance of the Work as herein
described, and in full accordance with the Contract Documents, without alteration, deletion or
change. No failure or omission of the ENGINEER to discover, object to or condemn any non-
conforming or defective work or material, or to stop work, shall release the CONTRACTOR
from the obligation to fully and properly perform the Contract, including without limitation, the
obligation to at once tear out, remove and properly replace any defective work or material at any
time prior to final acceptance, upon discovery of such non-conforming or defective work or
material.
Any questioned Work may be ordered taken up or removed for inspection by the ENGINEER
prior to final acceptance, and if found not to be in accordance with the Contract Documents, all
expense of removing, inspection and repair or replacement shall be borne by the
CONTRACTOR; otherwise the expense thus incurred shall be allowed as Extra Work and shall
be paid for by the OWNER, provided that where inspection or approval is specifically required
by the Specifications prior to performance of certain work, should the CONTRACTOR proceed
with such work without requesting prior inspection or approval, he shall bear all expense of
taking up, removing and replacing this work if so directed by the ENGINEER.
3.04 INSPECTION BY ENGINEER. The ENGINEER shall make periodic visits to
the site to observe the progress and quality of the executed Work and to determine if such Work
generally meets the essential performance and design features and the technical, functional
mid/or engineering requirements of the Contract Documents, and is in all other respects being
performed in compliance with the Contract Documents. However, the ENGINEER shall not be
responsible for making any detailed, exhaustive, comprehensive or continuous on-site
inspections to check the quality and/or quantity of the work, nor shall the ENGINEER be in any
way responsible, directly or indirectly, for the construction means, methods, techniques,
sequences, quality, procedures, programs, safety precautions or lack of same incident to the
Work being performed or any part thereof. The ENGINEER shall use reasonable care to prevent
deviation from the intent and substance of the Contract Documents by the CONTRACTOR in
the performance of the Work and any part thereof and, on the basis of such on-site observations,
will keep the OWNER informed of the progress of the work and will endeavor to guard the
OWNER against defects and deficiencies in the Work of the CONTRACTOR. Notwithstanding
any other provision of this Agreement or any other Contract Document, the ENGINEER shall
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not be in any way responsible or liable for any acts, errors, omissions or negligence of the
CONTRACTOR, any subcontractors, agents, servants or employees or any other person, firm or
corporation performing or attempting to perform any of the Work.
3.05 DETERMINATION OF QUESTIONS AND DISPUTES. In order to prevent
delays and disputes and to discourage litigation, it is agreed that the ENGINEER shall, in all
cases, determine the quantities and qualities of the several kinds of Work, which are to be paid
for under this Contract. The ENGINEER shall determine all questions in relation to said Work
and the construction thereof, as well as all claims, disputes and other matters in question between
the CONTRACTOR and the OWNER relating to the execution or progress of the Work or the
interpretation of the Contract Documents. In the event the ENGINEER shall become aware of or
shall receive information that there is a dispute or a possible dispute as to the reasonable
interpretation of the terms and conditions of the Contract Documents, or any other dispute or
question, the ENGINEER shall, within a reasonable time, provide a written interpretation of the
Contract Documents or a written decision on all questions arising relative to the execution of the
Work, copies of which shall be delivered to all parties to the Contract. If the CONTRACTOR or
OWNER desires to take exception to any directions, order, interpretation or instructions of the
ENGINEER, CONTRACTOR or OWNER shall present any such claim to the ENGINEER in
accordance with the provisions of Section 7.04.
3.06 RECOMMENDATION OF PAYMENT. The ENGINEER shall review the
CONTRACTOR's application for payment and supporting documents, shall determine the
amount owed to the CONTRACTOR and shall provide written recommendation to the OWNER
for payment to the CONTRACTOR in such amount. Such recommendation of payment to
CONTRACTOR shall constitute a representation to the OWNER of the ENGINEER's judgment
that the work has progressed to the point indicated, to the best of his knowledge, information and
belief; however, such recommendation of an application for payment to CONTRACTOR shall
not be deemed an acceptance of any defective or non-conforming Work. Any recommendation
of payment by the ENGINEER shall be subject to OWNER's rights to withhold payment under
Section 6.12 and as otherwise provided in the Contract.
4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR
4.01 INDEPENDENT CONTRACTOR. CONTRACTOR is, and shall remain, an
independent contractor, solely responsible for the manner and method of completing the Work
under this Contract, with full and exclusive power and authority to direct, supervise and control
his own employees and to determine the means, method and manner of performing such Work,
so long as such methods comply with the requirements of the Contract Documents, and do not
adversely affect the completed improvements or any other property abutting or adjoining the
Work area, the OWNER and ENGINEER being interested only in the result obtained and
conformity of such completed improvements to the Plans, Specifications and Contract
Documents. The fact that the OWNER or ENGINEER as the Owner's representative shall have
the right to observe CONTRACTOR's work during his performance and to carry out the other
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prerogatives which are expressly reserved to and vested in the OWNER and the ENGINEER
hereunder, is not intended to and shall not at any time change or affect the status of the
CONTRACTOR as an independent contractor with respect to either the OWNER or the
ENGINEER as the OWNER's representative or to the CONTRACTOR's own employees or to
any other person, firm or corporation.
4.02 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the
CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of
the Work, the conformation of the ground, the character, quality and quantity of the materials to
be encountered, the character of equipment and facilities needed preliminary to and during the
prosecution of the Work, the general and local conditions, including but not limited to weather,
access, lay down and storage areas, and all other matters which in any way affect the Work under
this Contract. It is further understood that the CONTRACTOR has satisfied himself as to the
terms, meaning, intent and requirements of all of the Contract Documents, and applicable laws,
codes, regulations and ordinances. CONTRACTOR hereby warrants and represents that it has
taken into consideration all of the foregoing factors, and CONTRACTOR shall perform the
Work for the Contract Price and within the Contract Time. No verbal agreement or conversation
with any officer, agent or employee of the OWNER or the ENGINEER, either before or after the
execution of this Contract, shall affect or modify any of the terms or obligations herein
contained.
4.03 LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe
and comply with all federal, state or local laws, codes, ordinances, permits and regulations,
regardless of whether the same are adopted before or after the execution of this Contract, which
in any manner affect the Contract or the work, and shall indemnify, save and hold harmless the
OWNER and the ENGINEER against any claim arising out of the violation of any such laws,
ordinances and regulations, whether by the CONTRACTOR or his agents, employees,
subcontractors or vendors. If the CONTRACTOR observes that the Plans and Specifications are
at variance with federal or state laws or codes or the ordinances or regulations of the City, he
shall promptly notify the ENGINEER in writing, and any necessary changes shall be made as
provided in the Contract for changes in the work. If the CONTRACTOR performs any work
knowing it to be contrary to such laws, codes, ordinances, rules or regulations, or if
CONTRACTOR reasonably should have known of any such violation, and without such notice
to the ENGINEER, CONTRACTOR shall bear all costs arising therefrom.
The OWNER is a Political Subdivision of the State of Texas, and the law from which it derives
its powers, insofar as the same regulates the objects for which, or the manner in which, or the
conditions under which the OWNER may enter into contracts, shall be controlling and shall be
considered as part of this Contract to the same effect as though embodied herein. Neither the act
of OWNER entering into this Contract, nor OWNER's performance hereunder, shall constitute a
waiver of any immunity from suit enjoyed by OWNER under applicable law, all such rights and
defenses being hereby expressly reserved, notwithstanding any term or provision herein to the
contrary. The Code of Ordinances and other applicable regulations of the OWNER shall be
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deemed to be embodied in this Contract.
The prevailing wage rates applicable to this Project shall be either Document 00811 - Wage Scale
for Engineering Construction, or Document 00813 -Wage Scale for Building Construction, or
both, as set out in the Proj ect Manual.
4.04 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,
or any rights, duties or obligations arising thereunder, in whole or in part, without the prior
written consent of the OWNER, and that no part or feature of the Work will be sublet to anyone
objectionable to the ENGINEER or the OWNER. In addition, the OWNER reserves the right to
disapprove the subletting of this Contract or any portion hereof on any basis whatsoever. The
CONTRACTOR further agrees that the subletting of any portion or feature of the Work or
materials required in the performance ofthis Contract shall not relieve the CONTRACTOR from
his obligations to the OWNER, as provided for by this Agreement.
4.05 PERFORMANCE AND PAYMENT BONDS. In the event the Contract Price
shall be in excess of $25,000.00, the CONTRACTOR shall execute separate Performance and
Payment Bonds, each in the sum of one hundred percent (100%) of the Contract Price, and each
in accordance with the provisions of Chapter 2253 of the Texas Government Code. If the
Contract Price does not exceed $25,000.00, the statutory bonds will not be required. All required
Bonds shall be payable to OWNER and on forms approved by the OWNER, and shall be
executed by a corporate surety in accordance with Article 7.19-1 of the Texas Insurance Code. It
is agreed that the Contract shall not be in effect until such original Performance and Payment
Bonds are delivered to and approved by the OWNER. The cost of the premium for the
Performance and Payment Bonds shall be included in the CONTRACTOR's Bid Proposal.
4.06 INSURANCE. The CONTRACTOR, at his own expense, shall procure,
maintain and keep in force throughout the duration of the Work, and throughout the Guarantee
Period, insurance as specified in Attachment No.1 hereto with regard to Workers' Compensation
Insurance, and as specified in Attachment No.3 hereto with regard to all other Insurance. Such
insurance shall be carried with an insurance company licensed to transact business in the State of
Texas and shall cover all operations in connection with this Contract, whether performed by the
CONTRACTOR or a subcontractor, or others for whom CONTRACTOR is responsible.
4.07 PERMITS AND FEES. Unless otherwise provided in the Contract Documents,
the Contractor shall secure and pay for all permits, licenses, and inspections necessary for proper
execution and completion of the Work, and which are legally required at the time bids are
received.
4.08 TEXAS STATE SALES TAX. Materials incorporated into this project are
exempt from State Sales according to provisions of the Texas Tax Code, Chapter 151,
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Subsection H.
The Contractor must obtain a limited sales, excise and use tax permit or exemption certificate
which shall enable him to buy the materials to be incorporated into the Work without paying tax
at due time of purchase.
4.09 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,
all satisfactory to the ENGINEER as the OWNER'S representative. The superintendent shall
represent the CONTRACTOR in his absence and shall act as the agent of the CONTRACTOR,
and all directions given to him shall be binding as if given to the CONTRACTOR. Adequate
supervision by competent and reasonable representatives of the CONTRACTOR is essential to
the proper performance of the Work, and lack of such supervision shall be an act of default, and
grounds for suspending operations of the CONTRACTOR.
The Work, from its commencement to completion, shall be under the exclusive charge and
control of the CONTRACTOR, and all risk in connection therewith shall be borne by the
CONTRACTOR.
Neither the OWNER nor the ENGINEER as the OWNER's representative will be responsible for
the acts or omissions of the CONTRACTOR, its subcontractors or any of its agents or
employees, or any other persons performing any of the Work.
4.10 CHARACTER OF WORKERS. The CONTRACTOR agrees to employ only
orderly and competent workers, skillful in the performance of the type of work required under
this Contract, to do the Work, and agrees that whenever the ENGINEER shall inform him in
writing that any worker or workers on the Work are, in his opinion, incompetent, unfaithful or
disorderly, or in the ENGINEER's opinion, are not using their best efforts for the progress of the
Work, such worker or workers shall be discharged from the Work and shall not again be
employed on the Work without the ENGINEER's written consent.
4.11 EQUIPMENT, MATERIALS, CONSTRUCTION PLANT AND BUILDINGS.
The CONTRACTOR shall provide all labor, services, tools, equipment, machinery, supplies,
facilities, utilities and materials necessary in the prosecution and completion of this Contract
where it is not otherwise specifically provided that the OWNER shall furnish same; and further,
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.
The building or placement of structures for housing workers or offices, or the erection of tents or
other forms of protection, will be permitted only with the ENGINEER's written permission, and
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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.
Any structures of any nature constructed, placed or erected by the CONTRACTOR for the
purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper
erection, placement or construction thereof; and the CONTRACTOR agrees to indemnify and
hold the ENGINEER or OWNER harmless from any claims of any nature whatsoever brought
against either of them for damages allegedly sustained by anyone by reason of the erection,
placement, construction or maintenance of CONTRACTOR's buildings or structures.
4.12 SANITATION. Necessary sanitary conveniences for the use of laborers and
others on the Work site, properly secluded from public observation, shall be constructed and
maintained by the CONTRACTOR in such manner and at such points as shall be approved by
the ENGINEER, and their use shall be strictly enforced. Any structures of any nature constructed
or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility
of the CONTRACTOR as to the proper erection or construction thereof, and the
CONTRACTOR agrees to indemnify and hold the ENGINEER and OWNER harmless from any
claims of any nature whatsoever brought against either of them for damages allegedly sustained
by anyone by reason of the erection, construction or maintenance of CONTRACTOR's
buildings.
4.13 CLEANING AND MAINTENANCE. The CONTRACTOR shall at all times
keep and maintain the premises free from accumulation of debris, trash and waste, and at the
completion of the Work, he shall remove all such debris, trash and waste, and also his tools,
scaffolding and surplus materials, and shall leave the Work broom-clean or its equivalent. The
Work shall be left in good order and condition. In case of dispute, the OWNER may remove the
debris, trash, waste and surplus materials, and charge the cost to the CONTRACTOR.
4.14 PERFORMANCE OF WORK. It is further agreed that it is the intent of this
Contract that all Work must be done and all material must be furnished in accordance with the
generally accepted practice for such materials furnished or work completed, unless otherwise
provided in the Contract Documents.
4.15 RIGHT OF OWNER TO ACCELERATE THE WORK. If at any time the
methods or equipment used by the CONTRACTOR, or the work force supplied are found to be
inadequate to achieve the progress required to Substantially Complete the Work within the
Contract Time, the OWNER or the ENGINEER as the OWNER's representative, may order the
CONTRACTOR in writing to supplement. its forces and/or equipment, or work shifts or
overtime, or otherwise improve its efficiency and rate of progress to achieve Substantial
Completion of the Work within the Contract Time, and the CONTRACTOR shall comply with
such order, at its own cost and expense.
4.16 LAYOUT OF WORK. Except as specifically provided herein, the
CONTRACTOR shall be responsible for laying out work and shall accomplish this work in a
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manner acceptable to the ENGINEER and in conformance with the Contract Documents.
4.17 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, six (6)
checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules
required for the work of the various trades. Contractor will check and approve shop drawings for
compliance with requirements of Contract Documents and will so certify by stamp on each
drawing prior to submittal to ENGINEER. Anv drawings submitted without Contractor's stamp
of approval will not be considered and will be returned to him for proper submission. The
ENGINEER shall pass upon them with reasonable promptness, indicating desired corrections.
The CONTRACTOR shall make any corrections required by the ENGINEER, file with him two
(2) corrected copies and furnish such other copies as may be needed. The ENGINEER's
approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility
for deviations from the Contract Documents, unless he has, in writing, called the ENGINEER's
attention to such deviations at the time of the submission, and the ENGINEER has
acknowledged and accepted such deviations in writing, nor shall it relieve him from
responsibility for errors of any sort in shop drawings or schedules. It shall be the
CONTRACTOR's responsibility to fully and completely review all shop drawings to ascertain
their effect on his ability to perform the required Contract Work in accordance with the Plans and
Specifications and Contract Documents, and within the Contract Time.
Such review by the ENGINEER shall be for the sole purpose of determining the apparent
sufficiency of said drawings or schedules to result in finished improvements in conformity with
the Plans and Specifications and Contract Documents, 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, and any action
taken by the ENGINEER shall not relieve the CONTRACTOR of his responsibility and liability
to comply with the Contract Documents.
4.18 ENGINEER-CONTRACTOR RELATIONSHIP; OBSERVATIONS. It is
agreed by the CONTRACTOR that the ENGINEER, as the OWNER's representative, shall be
and is hereby authorized to appoint such subordinate engineers, representatives or observers as
the said ENGINEER may from time to time deem proper to observe the materials furnished and
the Work done under this Agreement. The CONTRACTOR shall furnish all reasonable aid and
assistance required by the subordinate engineers, representatives or observers for the proper
observation and examination of the work. The CONTRACTOR shall regard and obey the
directions and instructions of any subordinate engineers, representatives or observers so
appointed, when such directions and instructions are consistent with the obligations of this
Agreement and the Plans and Specifications and Contract Documents, provided, however, should
the CONTRACTOR object to any orders by any subordinate engineer, representative or
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observer, the CONTRACTOR may, within three (3) days, make written appeal to the
ENGINEER for his decision.
4.19 OBSERVATION AND TESTING. The OWNER or the ENGINEER as the
OWNER's representative shall have the right at all reasonable times to observe, inspect and test
the Work. The CONTRACTOR shall make all necessary arrangements and provide proper
facilities and access for such observation, inspection and testing at any location wherever Work
is in preparation or progress. The CONTRACTOR shall ascertain the scope of any observation,
inspection or testing which may be contemplated by the OWNER or the ENGINEER and shall
give ample notice as to the time each part of the Work will be ready for such observation, inspection
or testing. The OWNER or the ENGINEER may reject any Work found to be defective or not in
accordance with the Contract Documents, regardless of the stage of its completion or the time or
place of discovery of such deficiencies, and regardless of whether the ENGINEER has
previously accepted the Work through oversight or otherwise. If any Work is covered without
approval or consent of the OWNER, it must, if requested by the OWNER or the ENGINEER, be
uncovered for examination, at the sole expense of the CONTRACTOR. In the event that any part
of the Work is being fabricated or manufactured at a location where it is not convenient for the
OWNER or the ENGINEER to make observations of such Work or require testing of said Work,
then in such event, the OWNER or the ENGINEER may require the CONTRACTOR to furnish
the OWNER or the ENGINEER with certificates of inspection, testing or approval made by
independent persons competent to perform such tasks at the location where that part of the work is
being manufactured or fabricated. All such tests will be in accordance with the methods
prescribed by the American Society for Testing and Materials or such other applicable
organization as may be required by law or the Contract Documents.
If any Work, which is required to be inspected, tested or approved, is covered up without written
approval or consent of the OWNER or the ENGINEER, it must, if requested by the OWNER or
the ENGINEER, be uncovered for observation and testing, at the sole expense of the
CONTRACTOR. The cost of all such inspections, tests and approvals shall be borne by the
CONTRACTOR unless otherwise provided herein. Any Work which fails to meet the
requirements of such tests, inspections or approval, and any Work which meets the requirements
of any such tests or approval but does not meet the requirements of the Contract Documents shall
be considered defective. Such defective Work and any other work affected thereby shall be
corrected at the CONTRACTOR'S expense.
Neither observations by the OWNER or by the ENGINEER, nor inspections, certifications, tests
or approvals made by the OWNER, the ENGINEER or other persons authorized under this
Agreement to make such inspections, tests or approvals, shall relieve due CONTRACTOR from
his obligation to perform the Work in accordance with the requirements of the Contract
Documents.
4.20 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
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the same, shall be deemed by the ENGINEER as unsuitable or not in conformity with the Plans
and Specifications or Contract Documents, 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, It is further agreed
that any such remedial action contemplated herein shall be at CONTRACTOR's expense.
4.21 LIABILITY FOR PROPER PERFORMANCE. Engineering construction
drawings and specifications, as well as any additional instructions and information concerning
the Work to be performed, passing from or through the ENGINEER, shall not be interpreted as
requiring or allowing the CONTRACTOR to deviate from the Plans and Specifications or the
Contract Documents, the intent of such drawings, specifications and any other such instructions
being to define with particularity the agreement of the parties as to Work the CONTRACTOR is
to perform. CONTRACTOR shall be fully and completely liable and contractually bound, at his
own expense, for design, construction, installation and use or non-use of all items and methods
instant to the performance of the Contract, including, without limitation, the adequacy of all
temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or
devices, similar items or devices used by him during construction, and work performed either
directly or incident to construction, and for all loss, damage or injury incident thereto, either to
person or property, whether such damage be suffered by the ENGINEER, the OWNER or any
other person not a party to this Contract.
Any review of Work in progress or any visit or observation during construction, or any
clarification of Plans and Specifications or Contract Documents by the ENGINEER or OWNER,
or any agent, employee or representative of either of them, whether through personal observation
on the Project site or by means of approval of shop drawings for construction or construction
processes, or by other means or methods, is agreed by the CONTRACTOR to be for the purpose
of observing the extent and nature of Work completed or being performed, as measured against
the Plans and Specifications and Contract Documents, or for the purpose of enabling the
CONTRACTOR to more fully understand the Plans and Specifications and Contract Documents
so that the completed construction Work will conform thereto, and shall in no way relieve the
CONTRACTOR from full and complete responsibility for proper performance of his Work on
the Project, including, 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. Any action by the ENGINEER or the OWNER in
visiting or observing during construction, or any clarification of Plans and Specifications or
Contract Documents shall not constitute a waiver of CONTRACTOR'S liability for damages as
herein set out. Deviation by the CONTRACTOR from Plans and Specifications or Contract
Documents, whether called to the CONTRACTOR's attention or not, shall in no way relieve
CONTRACTOR from his responsibility to complete all work in accordance with said Plans and
Specifications and Contract Documents, and further shall not relieve CONTRACTOR of his
liability for loss, damage or injury as herein set out.
4.22 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE
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PUBLIC. The CONTRACTOR shall be solely responsible for the safety of himself, his
employees and all other persons, as well as for the protection of the improvements being erected
and the property of himself or any other person, as a result of his operations hereunder. The
CONTRACTOR shall take out and procure a policy or policies of Worker's Compensation
Insurance with an insurance company licensed to transact business in the State of Texas, which
policy shall comply with the Worker's Compensation laws of the State of Texas. 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 laws and building and construction codes. All machinery and equipment and other
physical hazards shall be guarded, as a minimum, 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 all necessary machinery guards, safe walkways, ladders, bridges, gangplanks, barricades,
fences, traffic control, warning signs and other safety devices.
No alcoholic beverages, non-prescription drugs, or unsafe practices will be allowed on the Work
site. CONTRACTOR shall dismiss anyone participating in any of the above from the Work site
for the duration of the Project. Only prescription drug uses with a doctor's authorization to
perform construction activities will be allowed on the Work site. Violation of this provision is a
default under the Contract. The use, possession, sale, transfer, purchase or being under the
influence of alcohol, drugs or any other illegal or unlawful substance by CONTRACTOR or
CONTRACTOR's employees, or CONTRACTOR's subcontractors and employees at any time
at the Work site or while on company business is prohibited. CONTRACTOR shall institute and
enforce appropriate drug testing guidelines and program.
All accidents or injuries to CONTRACTOR's employees working on the job site must be
reported verbally and in writing to the ENGINEER immediately, and within no more than eight
(8) hours.
The safety precautions actually taken and their adequacy shall be the sole responsibility of the
CONTRACTOR, in his sole discretion as an independent contractor. Inclusion of this paragraph
in the Agreement, as well as any notice which may be given by the OWNER or the ENGINEER
as the OWNER's representative concerning omissions under thus paragraph as the Work
progresses, are intended as reminders to the CONTRACTOR of his duty and shall not be
construed as any assumption of duty to supervise safety precautions by either the
CONTRACTOR or any of his subcontractors.
4.23 PROTECTION OF ADJOINING PROPERTY. The CONTRACTOR shall
employ 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 adjacent or adjoining property. THE CONTRACTOR AGREES TO
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INDEMNIFY, DEFEND, SAVE AND HOLD HARMLESS THE OWNER AND ENGINEER
AGAINST ANY CLAIM OR CLAIMS FOR DAMAGES, LOSS, COSTS OR EXPENSES,
INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES, DUE TO ANY INJURY TO
ANY ADJACENT OR ADJOINING PROPERTY, ARISING OR GROWING OUT OF THE
PERFORMANCE OF THE CONTRACT, REGARDLESS OF WHETHER OR NOT SUCH
DAMAGE, LOSS, COST OR EXPENSE IS CAUSED IN P ART BY THE NEGLIGENCE,
GROSS NEGLIGENCE OR STRICT LIABILITY OF OWNER AND/OR ENGINEER.
4.24 PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS,
MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES.
THE CONTRACTOR AGREES THAT HE WILL PROMPTLY PAY WHEN DUE, AND
WILL INDEMNIFY, SAVE AND HOLD THE OWNER AND THE ENGINEER HARMLESS
FROM ALL CLAIMS GROWING OUT OF THE DEMANDS OF SUBCONTRACTORS,
LABORERS, WORKERS, MECHANICS, MA TERIALMEN AND FURNISHERS OF
MACHINERY AND PARTS THEREOF, EQUIPMENT, POWER TOOLS AND ALL
SUPPLIES, INCLUDING COMMISSARY, INCURRED IN THE FURTHERANCE OF THE
PERFORMANCE OF THIS CONTRACT. When so desired by the OWNER, the
CONTRACTOR shall furnish satisfactory evidence that all obligations of the nature hereinabove
designated have been paid, discharged or waived. If the CONTRACTOR fails to do so, then the
OWNER may, at the option of the OWNER, 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 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.
Any and all communications between any parties under this paragraph shall be in writing.
Nothing contained in this paragraph or this Agreement shall create, establish or impose any
relationship, contractual or otherwise, between OWNER and any subcontractor, laborer or
supplier of CONTRACTOR, nor shall it create, establish or impose any duty upon OWNER to
payor to see to the payment of any subcontractor, laborer or supplier of CONTRACTOR.
4.25 PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION. The
CONTRACTOR shall pay all royalties and license fees and shall provide for the use of any
design, device, material or process covered by letters patent or copyright, by suitable legal
agreement with the patentee or owner thereof THE CONTRACTOR SHALL DEFEND ALL
SUITS OR CLAIMS FOR INFRINGEMENT OF ANY PATENT OR COPYRIGHT AND
SHALL INDEMNIFY, SAVE AND HOLD THE OWNER AND THE ENGINEER
HARMLESS FROM ANY LOSS OR LIABILITY ON ACCOUNT THEREOF, EXCEPT
SUCH SUITS AND CLAIMS ARISING OUT OF A PARTICULAR DESIGN, DEVICE,
MATERIAL OR PROCESS OR THE PRODUCT OF A PARTICULAR MANUFACTURER
OR MANUFACTURERS SPECIFIED OR REQUIRED BY THE OWNER; PROVIDED,
HOWEVER, IF CHOICE OF ALTERNATE DESIGN, DEVICE, MATERIAL OR PROCESS
IS ALLOWED TO THE CONTRACTOR, OR IF CONTRACTOR KNEW OR SHOULD
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HAVE KNOWN OF THE PATENT OR COPYRIGHT AND FAILED TO PROMPTLY
NOTIFY OWNER IN WRITING, THEN THE CONTRACTOR SHALL INDEMNIFY,
DEFEND, SAVE AND HOLD THE OWNER HARMLESS FROM ANY LOSS OR
LIABILITY ON ACCOUNT THEREOF.
4.26 INDEMNIFICATION. THE CONTRACTOR AGREES TO DEFEND,
INDEMNIFY AND HOLD THE ENGINEER AND THE OWNER HARMLESS FROM ANY
CLAIMS OR DEMANDS OF ANY NATURE WHATSOEVER MADE BY ANY
EMPLOYEE, EMPLOYEES, AGENTS OR SUBCONTRACTORS OF CONTRACTOR, OR
BY ANY UNION, TRADE ASSOCIATION, WORKER'S ASSOCIATION OR OTHER
GROUPS, ASSOCIA TIONS OR INDIVIDUALS, ALLEGEDLY REPRESENTING
EMPLOYEES OF THE CONTRACTOR, IN ANY DISPUTE BETWEEN THE
CONTRACTOR AND HIS EMPLOYEES, DIRECTLY OR INDIRECTLY INVOLVING,
GROWING OUT OF OR ARISING FROM CLAIMS BY SUCH EMPLOYEES FOR WAGES,
SALARY, COMPENSATION, BENEFITS, WORKING CONDITIONS OR ANY OTHER
SIMILAR COMPLAINT OR CLAIM WHICH MAY BE MADE.
THE CONTRACTOR, HIS SURETIES AND INSURANCE CARRIERS SHALL DEFEND,
INDEMNIFY AND HOLD HARMLESS THE OWNER AND THE ENGINEER AND THEIR
RESPECTIVE OFFICERS, REPRESENTATIVES, AGENTS AND EMPLOYEES FROM
AND AGAINST ALL DAMAGES, CLAIMS, LOSSES, DEMANDS, SUITS, LIABILITIES,
JUDGMENTS AND COSTS OF ANY CHARACTER WHATSOEVER, INCLUDING
REASONABLE ATTORNEY'S FEES AND EXPENSES, AND SHALL BE REQUIRED TO
PAY ANY JUDGMENT THEREFOR, WITH COSTS, WHICH MAY BE OBTAINED
AGAINST THE OWNER AND/OR THE ENGINEER OR ANY OF THEIR OFFICERS,
REPRESENTATIVES, AGENTS OR EMPLOYEES, ARISING OUT OF OR RESULTING
FROM OR ALLEGEDLY ARISING OUT OF OR RESULTING FROM THE
PERFORMANCE OF THE WORK, PROVIDED THAT ANY SUCH DAMAGES, CLAIM,
LOSS, DEMAND, SUIT, LIABILITY, JUDGMENT, COST OR EXPENSE:
(A) ARISES OUT OF OR RESULTS FROM IN WHOLE OR IN PART, OR
ALLEGEDLY ARISES OUT OF OR RESULTS FROM IN WHOLE OR IN
PART, ANY BREACH OF THIS AGREEMENT OR BREACH OF
WARRANTY BY CONTRACTOR; OR
(B) IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE OR
DEATH OR INJURY TO OR DESTRUCTION OF TANGIBLE PROPERTY,
IN.CLUDING THE LOSS OF USE RESULTING THEREFROM; AND
IS CAUSED IN WHOLE OR IN PART OR IS ALLEGEDLY CAUSED IN
WHOLE OR IN PART BY ANY NEGLIGENT ACT OR OMISSION OF THE
CONTRACTOR, ANY SUBCONTRACTOR, THEIR AGENTS OR
EMPLOYEES OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY
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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 OR ALLEGEDLY CAUSED IN PART BY THE NEGLIGENCE,
GROSS NEGLIGENCE OR STRICT LIABILITY OF OWNER, ENGINEER
AND/OR A PARTY INDEMNIFIED HEREUNDER.
Notwithstanding the foregoing or anything in the Agreement to the contrary, in accordance with
the provisions of Section 130.002 of the Texas Civil Practice and Remedies Code,
CONTRACTOR shall not be obligated to indemnify or hold harmless the ENGINEER, his
agents, servants or employees, from liability for damage that is caused by or results from defects
in plans, designs or specifications prepared, approved or used by the ENGINEER, or negligence
of the ENGINEER in the rendition or conduct of professional duties called for or arising out of
any construction contract and the plans, designs or specifications that are a part of the
construction contract, and arises from personal injury or death, property injury, or any other
expense that arises from personal injury, death, or property injury.
This indemnity agreement is a continuing obligation, and shall survive notwithstanding
completion of the Work, Final Payment, expiration of the warranty period, termination of the
Contract, and abandonment or takeover of the Work.
CONTRACTOR's indemnification obligations hereunder shall not be limited by a limitation on
amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or a
subcontractor under workers' compensation acts, disability benefit acts or other employee benefit
acts, and shall not be limited by any limitation on amounts or coverage of insurance provided or
to be provided under this Contract.
4.27 LOSSES FROM NATURAL CAUSES. All loss, cost, expense or damage to the
CONTRACTOR arising out of the nature of the Work to be done or from any unforeseen
circumstances in the prosecution of the same, or from the action of the elements, 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.
4.28 GUARANTEE. The CONTRACTOR hereby guarantees all the Work under the
Contract to be free from defects or deficiencies in material in every particular and free from
defects or deficiencies in workmanship; and against unusual damage from proper and usual use;
and agrees to replace or to re-execute without cost to the OWNER such Work as may be found to
be defective, deficient or otherwise not in conformance with the Contract Documents, and to
make good all damages caused to other work or material, due to such defective Work or due to
its required replacement or re-execution. This guarantee shall cover a period of one year from the
date of Substantial Completion of Work under the Contract, as evidenced by the Certificate of
Substantial Completion. Neither the Certificate of Substantial Completion, Final Payment, nor
any provision in the Contract Documents shall relieve the CONTRACTOR of the responsibility
for defective, deficient or non-conforming material or workmanship during the period covered
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by the guarantee. The one-year period of guarantee will not limit the OWNER'S other rights
under common law with respect to any defects, deficiencies or non-conforming Work
discovered after one year. If this one-year guarantee conflicts with other warranties or
guarantees, the longer period of warranty or guarantee will govern.
5.0 PROSECUTION AND PROGRESS
5.01 TIME AND ORDER OF COMPLETION. It is the meaning and intent of this
Contract, unless otherwise herein specifically provided, that the CONTRACTOR shall be
allowed to prosecute his Work at such times and seasons, in such order of precedence, and in
such manner as shall be most conducive to economy of construction; provided, however, that the
order and the time of prosecution shall be such that the Work shall be Substantially Completed as
a whole and in part, in accordance with this Contract and the Contract Time; provided, also, that
when the OWNER is having other work done, either by contract or by his own forces, 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, and the CONTRACTOR shall fully cooperate and coordinate its
Work with OWNER or such other contractors.
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
carryon the Work, with dates on which the CONTRACTOR will start the several parts of the
work, and estimated dates of completion of the several parts. Such schedules shall show
completion of the Work within the Contract Time, and/or shall show such recovery efforts as
CONTRACTOR intends to undertake in the event Substantial Completion of the Work is
delayed.
5.02 EXTENSION OF TIME. The CONTRACTOR agrees that he has submitted his
Bid Proposal in full recognition of the time required for the completion of this Project, taking
into consideration the average climatic range and industrial conditions prevailing in this locality,
and has considered the liquidated damage provisions as hereinafter set forth, and that he shall not
be entitled to, nor will he request, an extension of time on this Contract, except when Substantial
Completion of the Work has been delayed solely by any act or neglect of the OWNER, the
ENGINEER, or any employee of either, by other contractors employed by the OWNER, by any
approved change in the Work, by strikes, lockouts, fires, Acts of God, or by any other cause
which the ENGINEER shall decide justifies the delay. The CONTRACTOR shall give the
ENGINEER prompt notice, in writing and within three (3) days of the start of any such delay, of
the cause of any such delay, and its estimated effect on the Work and the schedule for
completion of the Work. Upon receipt of a written request for an extension of the Contract Time
from the CONTRACTOR, supported by relevant and all requested documentation, the
ENGINEER shall submit such written request, together with his written recommendation, to the
OWNER for consideration. If the delay is not attributable in whole or in part to any act or
omission of CONTRACTOR, its subcontractors or suppliers, and if the OWNER determines that
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CONTRACTOR is entitled to an extension of time under the terms of the Contract, the OWNER
shall grant an extension of time for Substantial Completion of the Work, sufficient to
compensate for the delay, and such extension of time shall be CONTRACTOR's sole and
exclusive remedy, except as may be otherwise provided herein.
5.03 HINDRANCES AND DELAYS. In executing the Contract, the CONTRACTOR
agrees that in undertaking to complete the Work within the time herein fixed, he has taken into
consideration and made allowances for all interference, disruption, hindrances and delays
incident to such Work, whether growing out of delays in securing material or workmen or
otherwise. No claim shall be made by the CONTRACTOR for damages, loss, costs or expense
resulting from interference, disruption, hindrances or delays from any cause during the progress
of any portion of the Work embraced in this Contract, except where the Work is stopped or
suspended by order of the OWNER, or the ENGINEER as the OWNER's representative, and
such stoppage or suspension is not attributable to any act or omission of CONTRACTOR, and
except where any interference, disruption, hindrance or delay is caused solely by any act or
omission of OWNER or ENGINEER, in which event CONTRACTOR shall be entitled to assert
a claim in accordance with the provisions of Article 7 of this Agreement.
5.04 SUSPENSION OF WORK. OWNER may, without cause, order the
CONTRACTOR in writing to suspend the Work, in whole or in part, for such period of time as
OWNER may request. The Contract Price and/or Contract Time shall be adjusted for any
increase in the cost of or the time required for performance of the Work caused by such
suspension. No adjustment shall be made to the extent performance was or would have been
suspended by a cause for which CONTRACTOR is responsible, or to the extent an adjustment is
made or denied under another provision of the Contract Documents.
5.05 LIQUIDATED DAMAGES FOR DELAY. It is understood and agreed that time
is of the essence, and that the CONTRACTOR will commence the Work on the date specified
herein or in any Notice to Proceed, and will Substantially Complete the Work within the
Contract Time. It is expressly understood and agreed, by and between the CONTRACTOR and
the OWNER, that the time for the Substantial Completion of the Work described herein is
reasonable time for the completion of the same, taking into consideration the average climatic
range and conditions and usual industrial conditions prevailing in this locality. The
CONTRACTOR further agrees that a breach of this Contract as to completion on time will cause
damage to the OWNER and that such damages cannot be accurately measured or that
ascertainment will be difficult. Therefore, the parties agree that for each and every calendar day
the Work or any portion thereof shall remain uncompleted after the expiration of the Contract
Time, the CONTRACTOR shall pay, as liquidated damages and as a reasonable estimate of
OWNER's damages, and not as a penalty, the amount set out in the Standard Form of
Agreement.
However, the foregoing agreement as to liquidated damages constitutes only an agreement by the
OWNER and the CONTRACTOR as to the amount of damages which the OWNER will sustain
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by reason of the CONTRACTOR'S failure to complete the work within the Contract Time.
Should the OWNER suffer damage by reason of any other breach by CONTRACTOR, the
OWNER may recover such actual damages in addition to any liquidated damages due.
The OWNER shall have the right to deduct and withhold the amount of any and all such
damages whether it be the minimum amount stipulated above or otherwise, from any monies
owing by it to said CONTRACTOR, or the OWNER may recover such amount from the
CONTRACTOR and the sureties of his bond; all of such remedies shall be cumulative and the
OWNER shall not be required to elect anyone nor be deemed to have made an election by
proceeding to enforce anyone remedy.
6.0 MEASUREMENT AND PAYMENT
6.01 DISCREPANCIES AND OMISSIONS. If the CONTRACTOR knows or
reasonably should have known of any discrepancies or omissions in the Plans, Specifications or
Contract Documents, he shall notify the ENGINEER and obtain a clarification by Addendum
before the bids are received, and if no such request is received by the ENGINEER prior to the
opening of bids, then it shall be considered that the CONTRACTOR fully understands the Work
to be performed and has provided sufficient sums in his Bid Proposal to complete the Work in
accordance with the Plans and Specifications and Contract Documents. It is further understood
that any request for clarification must be submitted no later than five (5) days prior to the
opening of bids.
6.02 QUANTITIES AND MEASUREMENTS. No extra or customary measurements
of any kind will be allowed, but the actual measured and/or computed length, area, volume,
number and weight only shall be considered, unless otherwise specifically provided.
6.03 ESTIMATED QUANTITIES. This Agreement, including the Specifications,
Plans and Contract Documents, and including any estimates contained therein, is intended to
convey 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 Bid Proposals offered for the Work. It is
understood and agreed that the actual amount of Work to be done and the materials to be
furnished under this Contract may differ from the estimates and that the items listed or estimated
quantities stated, and/or any difference between estimated and actual Work, shall not give rise to
a claim by the CONTRACTOR against the OWNER for loss, cost, expense, damages, unit price
adjustment, quantity differences, unrecovered overhead - or lost or anticipated profits, or other
compensation.
6.04 PRICE OF WORK. It is agreed that it is the intent ofthis Contract that all Work
described in the Bid Proposal, the Plans and Specifications and other Contract Documents, is to
be done for the prices bid by the CONTRACTOR and that such prices shall include all
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appurtenances necessary to complete the Work in accordance with the intent of these Contract
Documents as interpreted by the ENGINEER, and all costs, expenses, bond and insurance
premiums, taxes, overhead, and profit. In consideration of the furnishing of all the necessary
labor, equipment and material and the completion of all Work by the CONTRACTOR, and upon
the completion of all Work and the delivery of all materials embraced in this Contract in full
conformity with the Contract Documents, the OWNER agrees to pay to the CONTRACTOR the
prices set forth in the Standard Form of Agreement, for the material actually used and services
actually performed; however, the OWNER does not assume any obligation to pay for any
services or material not actually authorized and used. The CONTRACTOR hereby agrees to
receive such prices as payment in full for furnishing all materials and all labor required for the
aforesaid Work, and for all expenses incurred by him, and for full performance of the Work and
the whole thereof in the manner and according to this Agreement, the Plans and Specifications
and Contract Documents, and the requirements of the ENGINEER.
6.05 PAYMENTS. No payments made or approvals or certificates given shall be
considered as conclusive evidence of the performance of the Contract, either in whole or in part,
nor shall any certificate, approval or payment be considered as acceptance of defective, deficient
or non-conforming Work. CONTRACTOR shall, at any time requested during the progress of
the Work, furnish the OWNER or the ENGINEER with an affidavit showing the
CONTRACTOR's total outstanding indebtedness in connection with the Work. Before Final
Payment is made, the CONTRACTOR shall satisfy the OWNER, by affidavit or otherwise, that
there are no unpaid claims due subcontractors, suppliers or laborers by reason of any Work under
the Contract. Acceptance by CONTRACTOR of Final Payment shall constitute a waiver of any
and all claims of whatsoever nature against OWNER, arising out of or related to the Contract, or
the Work, or any acts or omissions of OWNER or ENGINEER, which have not theretofore been
timely filed as provided in this Contract.
6.06 PARTIAL PAYMENTS. When the Contract Price is a lump sum amount, prior
to the first Application for Payment, CONTRACTOR shall submit to ENGINEER for review and
approval a Schedule of Values, which shall fairly allocate the entire Contract Price among the
various portions of the Work and shall be prepared in such form and supported by such data to
substantiate its accuracy as the ENGINEER may reasonably require. The Schedule of Values
shall follow the trade divisions of the Specifications so far as practicable. Upon approval, this
Schedule of Values shall be used by ENGINEER as the basis for reviewing the Contractor's
Application for Payment. Applications for Payment shall indicate the percentage of completion
of each portion of the Work as of the end of the period covered by the Application for Payment.
On or before the tenth day of each month, the CONTRACTOR shall prepare and submit to the
ENGINEER, for approval or correction, an application for partial payment, being a statement
showing as completely as practicable, the total value of the Work done by the CONTRACTOR
up to and including the twenty-fifth day of the preceding month; said statement shall also include
the value of all conforming materials to be fabricated into the Work and stored in accordance
with manufacturer's recommendation at the Work site only. No payment will be made for
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materials stored until Owner has approved in writing storage at the Work site. The ENGINEER
shall then review such statement and application for partial payment and the progress of the
Work made by the CONTRACTOR and, within twenty-one days after the date ENGINEER
receives CONTRACTOR's application for payment, if the application is found to be accurate
and correct and conforming to the requirements of the Contract Documents, the ENGINEER
shall prepare a preliminary certificate for partial payment and shall deliver his preliminary
certification for payment to the OWNER and the CONTRACTOR; or, if the ENGINEER finds
that CONTRACTOR's application for payment contains an error or is otherwise disputed, he
shall notify CONTRACTOR of such error or dispute, and shall prepare a preliminary certificate
for partial payment for the undisputed amount of the application for payment due
CONTRACTOR, and deliver it to the OWNER and CONTRACTOR. ENGINEER'S notice to
CONTRACTOR that a bona fide dispute for payment exists shall include a list of the specific
reasons for nonpayment
The OWNER shall then pay the CONTRACTOR, within thirty (30) days of the date of
ENGINEER's receipt of the application for payment, the undisputed balance due, less applicable
retainage, and further less all previous payments and all further sums that may be retained or
withheld by the OWNER under the terms of this Agreement. CONTRACTOR may submit a
corrected application for payment after its receipt of the ENGINEER's notice of error or dispute,
and such corrected application for payment shall be reviewed by the ENGINEER and disputed or
paid under the same procedure and within the same time limits set out above.
As a condition of any progress payment under this Agreement, CONTRACTOR shall execute
and deliver to ENGINEER and OWNER a full release of all claims, direct or indirect, at law or
in equity, arising out of or related to the Work to date, excluding retainage or any claims
previously submitted as required under the terms of the Contract, and specifically identified and
excluded by CONTRACTOR in the release.
OWNER shall be entitled to retain from each progress payment ten percent (10%) of the amount
thereof. Such retainage shall be retained until Final Completion and satisfaction of all conditions
for Final Payment. It is understood, however, that in case the whole Work be near to completion,
as certified by the ENGINEER, and some unexpected or unusual delay occurs, through no
neglect or fault 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 fully complete the Work, and thereupon, the CONTRACTOR shall
receive, at the OWNER'S option, payment ofthe balance due him under the Contract for Work
completed in accordance with the Contract Documents, subject to OWNER's rights to otherwise
withhold or retain payments, and subject to the conditions set forth under "6.08 FINAL
PAYMENT."
The Owner at its option and in compliance with Texas law may reduce retainage to less than the
above-stated percentages.
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6.07 USE OF COMPLETED PORTIONS & PUNCHLIST. The OWNER shall have
the right to take possession of and use any completed or partially completed portions of the
Work, notwithstanding that 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 promptly and within three (3) days of OWNER's
taking possession, give OWNER written notice of same, and CONTRACTOR may be entitled to
such extra compensation or extension of time, or both, as may be determined in accordance with
the provisions of this Agreement.
The CONTRACTOR shall notify the ENGINEER, by letter executed by a duly qualified officer
of CONTRACTOR, that in CONTRACTOR's opinion, the Contract is "Substantially
Completed". Upon receipt of such notice, the ENGINEER and the CONTRACTOR shall jointly
perform a walk-through and inspection of the Work, and shall prepare a detailed list of
unfinished, incomplete, defective and/or non-conforming Work ("Punchlist"). If the ENGINEER
determines that the Work has been Substantially Completed in accordance with the Contract
Documents, the ENGINEER shall issue to the OWNER and the CONTRACTOR a Certificate of
Substantial Completion. Upon Substantial Completion of the Work, OWNER shall assume
responsibility for security, maintenance, utilities and damage to the Work, except as otherwise
provided in the Certificate of Substantial Completion. Neither the Substantial Completion of the
Work, nor the omission of an item from the Punchlist, shall excuse the CONTRACTOR from
performing all of the Work undertaken, whether of a minor or major nature, and thereby
completing the Work in accordance with the Contract Documents. The Certificate of Substantial
Completion shall establish the time period within which CONTRACTOR shall complete the
Work.
6.08 FINAL PAYMENT. Final payment of the Retainage withheld from the Contract
Price shall be made by the OWNER to the CONTRACTOR at such time as:
(a) the Work, including all Change Orders and including all Punchlist work, has been
fully completed in strict accordance with the Contract Documents;
(b) the Contract has been fully performed except for the CONTRACTOR's
responsibility to correct nonconforming Work during the warranty period set forth
in the Contract Documents, and to satisfy other requirements, if any, which
necessarily survive final payment;
(c) CONTRACTOR delivers to OWNER a certificate evidencing that insurance
required by the Contract Documents to remain in force after final payment is
currently in effect and will not be cancelled or allowed to expire until at least 30
days prior written notice has been given to OWNER;
(d) CONTRACTOR delivers to OWNER a Consent of Surety, if any, to final
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payment;
(e) CONTRACTOR delivers to OWNER a complete set of As-Built Drawings,
reflecting all deviations from the Plans, Specifications and approved shop
drawings in the Work actually constructed, and delivers all maintenance and
operating manuals and/or instructions;
(f) CONTRACTOR delivers to OWNER all building certificates required prior to
occupancy and all other required inspections / approvals / acceptances by city,
county, state governmental entities or other authorities having jurisdiction;
(g) CONTRACTOR delivers to OWNER assignments of all guarantees and
warranties from subcontractors, vendors, suppliers or manufacturers, as well as
names, addresses and telephone numbers of contacts for each subcontractor,
vendor, supplier or manufacturer;
(h) CONTRACTOR removes all equipment, tools, temporary facilities, surplus
materials and rubbish from the site, and final cleans the site to OWNER's
satisfaction;
(i) CONTRACTOR delivers to OWNER a Full and Final Release and Affidavit of
Bills Paid in the form attached hereto as Attachment No.2, executed by
CONTRACTOR;
U) CONTRACTOR delivers to OWNER all other documentation required to be
submitted to OWNER pursuant to the Contract Documents, including but not
limited to any special guarantees or warranties, in each case in a form satisfactory
to OWNER as determined in OWNER's sole discretion; and
(k) the Final Application for Payment has been approved by the ENGINEER and
OWNER.
Acceptance of Final Payment by the CONTRACTOR shall constitute a waiver of all claims by
CONTRACTOR against OWNER other than any claims previously made in writing by
CONTRACTOR against OWNER, and still unsettled, and except for claims arising out of third
party actions, cross-claims and counterclaims. No interest shall be due or payable by OWNER
to CONTRACTOR on any sums retained or withheld by OWNER pursuant to the terms or
provisions of the Contract Documents, except as otherwise provided by applicable law. Neither
the Certificate of Substantial Completion nor the Final Payment nor possession or acceptance of
the Work shall relieve the CONTRACTOR of its obligation for correction of defective or non-
conforming Work, or for fulfillment of any warranty, which may be required by law or by the
Contract Documents.
6.09 CORRECTION OF WORK BEFORE FINAL PAYMENT. The
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CONTRACTOR shall promptly remove from OWNER's premises all materials, equipment or
Work which is defective or otherwise not in conformance with the Contract Documents, whether
actually incorporated in the Work or not, and CONTRACTOR shall, at his own expense,
promptly replace such materials, equipment or Work with other materials conforming to the
requirements of the Contract. The CONTRACTOR shall also bear the expense of restoring all
work of CONTRACTOR or other contractors damaged by any such removal or replacement. If
CONTRACTOR does not remove and replace any such unsuitable Work within a reasonable
time after receipt of a written notice from the OWNER or the ENGINEER, the OWNER may
remove, replace and remedy such work at CONTRACTOR's expense.
6.10 CORRECTION OF WORK AFTER FINAL PAYMENT. If within one (1) year
from the date of Substantial Completion or such longer period of time as may be prescribed by
law or by the terms of any applicable special warranty required by the Contract Documents, any
of the Work is found to be defective or not in accordance with the Contract Documents,
CONTRACTOR shall, at its sole cost, correct it and any other work affected thereby promptly
after receipt of a written notice from OWNER to do so. In addition, CONTRACTOR shall be
responsible for any damage to building contents, when such damage results from the
CONTRACTOR's use of faulty materials or defective workmanship, to the extent such damage
is not covered by OWNER's insurance. This warranty period shall renew and recommence for
each corrected item of Work upon completion of the remedial work. This time period for
correction by CONTRACTOR is in addition to, and not in lieu of, all warranties or remedies,
which exist at common law or by statute. These warranty obligations shall survive the
termination of this Contract, and shall be enforceable by a decree of specific performance, in
addition to such other rights and remedies available to OWNER at law or in equity.
6.11 PAYMENTS WITHHELD. The OWNER may withhold, or on account of
subsequently discovered evidence nullify and demand immediate repayment of, the whole or part
of any certificate for payment or payment, to such extent as may be necessary to protect
OWNER from loss on account of:
(a) Defective or non-conforming Work not remedied;
(b) Claims filed or reasonable evidence indicating probable filing of claims;
(c) Failure of the CONTRACTOR to make payments promptly to subcontractors or
for material or labor;
(d) Damage to another contractor, OWNER, existing improvements on the site, or
to adjacent or adjoining property;
( e) Reasonable doubt that the Work can be completed for the unpaid balance of the
Contract amount;
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(f) Reasonable indication that the Work will not be completed within the Contract
Time;
(g) Failure on the part of the CONTRACTOR to execute any and all documents,
releases or other documents presented to the CONTRACTOR for execution, as
provided for herein or otherwise;
(h) Liquidated or other damages due to late completion; and/or
(i) Any breach by CONTRACTOR of this Contract or any other agreement
between OWNER and CONTRACTOR.
When the above grounds are removed to OWNER's satisfaction, the withheld payment shall be
made promptly. Ifthe said causes are not so remedied, OWNER may remedy the same for
CONTRACTOR's account, charge the entire cost thereofto CONTRACTOR and deduct such
cost from the Contract Sum or from any payments due or to become due under any other
agreement between OWNER and CONTRACTOR.
6.12 DELAYED PAYMENTS. Should the OWNER fail to make payment to the
CONTRACTOR when payment is due in accordance with the terms of the Contract Documents,
any interest due CONTRACTOR for late payments shall accrue and be paid in accordance with
the provisions of Chapter 2251 of the Texas Government Code, as amended, and payment of
such interest shall fully liquidate and compensate any injury to the CONTRACTOR growing out
of such delay in payment. Should OWNER fail to pay CONTRACTOR an undisputed amount
due within the time limits provided in the Contract or applicable law, CONTRACTOR shall give
the notice required and comply with the provisions of Section 2251.051 of the Texas
Government Code, and shall thereupon be entitled to the rights and remedies provided therein.
7.0 EXTRA WORK AND CLAIMS
7.01 CHANGE ORDERS. Without invalidating this Agreement, the OWNER may, at
any time or from time to time, order additions, deletions or revisions to the Work; such changes
will be authorized by Change Order to be prepared by the ENGINEER for execution by the
OWNER and the CONTRACTOR. The Change Order shall set forth the basis for any change in
Contract Price, as hereinafter set forth for Extra Work, and any change in Contract Time, which
may result from the change.
7.02 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 or time. If the CONTRACTOR believes that any minor changes
authorized by the ENGINEER involves Extra Work or entitles him to an increase in the Contract
Price or the Contract Time, the CONTRACTOR shall give notice of same by written request to
the ENGINEER for a written Work Order, with a copy to OWNER. Any such notice and request
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by the CONTRACTOR shall be given prior to beginning the changed work. CONTRACTOR's
commencement of any minor change in the Work prior to such written notice and request shall
constitute a waiver of any and all claims for an increase in the Contract Price or the Contract
Time arising out of or related to such changed work.
7.03 EXTRA WORK. It is agreed that the CONTRACTOR shall perform all work
under the direction of the ENGINEER when presented with a written Change Order, Work
Change Directive or Work Order signed by the ENGINEER, subject, however, to the right of the
CONTRACTOR to require written confirmation of such Change Order, Work Change Directive
or Work Order by the OWNER. It is agreed that the basis of compensation or adjustment to the
CONTRACTOR for work either altered, added or deleted by a Change Order or Work Change
Directive, or for which a claim for Extra Work is made, shall be determined by one or more of
the following methods:
Method (A) - By Contract unit prices applicable to the work, if any; or
Method (B) - By agreed unit prices or agreed stipulated lump sum price; or
Method (C) - If neither Method (A) nor Method (B) be agreed upon before the Extra
Work is commenced, then the CONTRACTOR shall be paid the "Actual
Field Cost" of the work, plus fifteen percent (15%), as full and final
compensation for the Extra Work and all costs and expenses, direct or
indirect, arising out of or related thereto.
In the event said Extra Work or Change Order or Work Change Directive work is performed and
paid for under Method (C), then the provisions of this paragraph shall apply and the "Actual
Field Cost" is hereby defined as the cost to the CONTRACTOR of all workers, such as foremen,
timekeepers, mechanics and laborers, and materials, supplies, trucks, rentals of machinery and
equipment, for the time actually employed or used on such alleged Extra Work or Change Order
or Work Change Directive work, plus actual transportation charges necessarily incurred together
with all power, fuel, lubricants, water and similar operating expenses, plus all necessary
incidental expenses incurred directly on account of such Extra Work, including Social Security,
Old Age Benefits and other payroll taxes, and a rateable proportion of premiums on Performance
and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and
Worker's Compensation, and all other insurance as may be required by law or ordinance, or the
Contract Documents, plus all payments to subcontractors for such work.
The ENGINEER may direct the form in which accounts of the "Actual Field Cost" shall be kept
and the records of these accounts shall be made available to the ENGINEER. The ENGINEER or
OWNER may also specify in writing, before the work commences, the method of doing the work
and the type and kind of machinery and equipment to be used; otherwise these matters shall be
determined by the CONTRACTOR. Unless otherwise agreed upon, the prices for the use of
machinery and equipment shall be determined by using one hundred percent (100%), unless
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otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the
Associated General Contractors of America where practicable. The fifteen percent (15%) of the
"Actual Field Cost" to be paid to the CONTRACTOR, shall cover and compensate him for his
profit, overhead, general superintendence and field office expense, and all other elements of cost
and expense not embraced within the "Actual Field Cost" as herein defined, save that where the
CONTRACTOR's field office must be maintained solely 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 by the ENGINEER in a
written Work Order. In case any orders or instructions, either oral or written, appear to the
CONTRACTOR to involve Extra Work for which he should receive compensation or an
adjustment in the Contract Time, he shall make written request to the ENGINEER for a written
Work Order authorizing such Extra Work within ten (10) days of ENGINEER's orders or
instructions, otherwise the orders or instructions will be considered minor changes. The issuance
of a Work Order by the ENGINEER shall not constitute or be construed as an agreement or
acknowledgement by the ENGINEER that the work which is the subject of the Work Order is
Extra Work outside the scope of the Contract Work, but shall merely constitute a direction to the
CONTRACTOR to perform the work, and the CONTRACTOR shall proceed with the work, and
shall keep an accurate account of the "Actual Field Cost" thereof, as provided under Method (C).
Upon completion of the alleged Extra Work, the CONTRACTOR shall promptly and within ten
(10) days submit his claim to the ENGINEER by proper certification and attestation, on forms
provided by the ENGINEER. The ENGINEER shall render a written decision on
CONTRACTOR's claim within ten (10) days. It is mutually agreed between the parties that the
ENGINEER's decision on all claims or questions in relation to the Work, CONTRACTOR's
performance of the Work, any changes in the Work or Extra Work, the Contract Price and/or the
Contract Time, shall be final and conclusive and binding upon the parties. If the ENGINEER
shall fail to respond in writing to CONTRACTOR's claim within thirty (30) days of the date of
submission, or if CONTRACTOR shall dispute or object to ENGINEER's decision on any
claim, and CONTRACTOR fails to file a Request for Mediation of such claim in accordance
with the provisions of Article 9.0, within sixty (60) days after the date of submission to the
OWNER, or such longer period as the parties may agree to in writing, the CONTRACTOR shall
lose and forfeit his right to make such claim for Extra Work at any later date, and all such claims
held by the CONTRACTOR shall be deemed waived, forfeited and forever barred.
CONTRACTOR shall continue to diligently prosecute the Work notwithstanding any pending
claim, dispute, or dispute resolution process between OWNER and CONTRACTOR.
7.04 TIME OF FILING CLAIMS. Except as otherwise provided herein, all questions
of dispute or adjustment shall be in writing and filed with the ENGINEER within three (3) days
after the ENGINEER has given any directions, order or instruction to which the CONTRACTOR
desires to take exception. The ENGINEER shall reply within thirty (30) days to such written
exceptions, and render his final decision in writing. It is mutually agreed between the parties that
the ENGINEER's decision on all claims or questions in relation to the Work, CONTRACTOR's
performance of the Work, any changes in the Work or Extra Work, the Contract Price and/or the
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Contract Time, shall be final and conclusive and binding upon the parties. In case the
CONTRACTOR should desire to appeal from the ENGINEER's decision, the CONTRACTOR
may request a meeting between representatives of the OWNER and the CONTRACTOR for the
purposes of appealing the ENGINEER's decision directly to the OWNER, such meeting to occur
within ten (10) days after the date of the CONTRACTOR's request, or such longer period as
may be agreed to by the parties in writing. If the CONTRACTOR shall still be aggrieved after a
meeting with the OWNER and/or his representative, the CONTRACTOR shall have sixty (60)
days after the date of the meeting, or such longer period as the parties may agree to in writing, to
file a Request for Mediation of such claim in accordance with the provisions of Article 9.0. In
the event the CONTRACTOR shall fail, for any reason, to timely file a Request for Mediation,
the OWNER shall be released of any and all liability, and the CONTRACTOR's failure to timely
file a Request for Mediation shall constitute a waiver, forfeit and final bar of all such claims held
by the CONTRACTOR against the OWNER. CONTRACTOR shall continue to diligently
prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process
between OWNER and CONTRACTOR.
8.0 DEFAULT
8.01 DEFAULT BY CONTRACTOR. In case the CONTRACTOR should abandon
and fail or refuse to resume Work within five (5) days after written notification from the
OWNER or the ENGINEER, or if the CONTRACTOR fails to comply with the orders of the
ENGINEER when such orders are consistent with the Contract Documents, or if the
CONTRACTOR otherwise defaults on its obligations under the Contract, OWNER shall have
the right, ifit so elects and without prejudice to any other rights it may have, after giving five (5)
days written notice of default to CONTRACTOR and any surety, to terminate the Contract or
any part thereof and/or to take over or cause others to take over the Work or any part thereof, and
to complete such Work for the account of CONTRACTOR. Where Performance and Payment
Bonds exist, the sureties on these bonds shall be directed to complete the Work in conjunction
with the notice of default, and a copy of said notice shall be delivered to the CONTRACTOR.
After receiving said notice of default, the CONTRACTOR shall promptly and within no more
than three (3) days, remove from the Work any machinery, equipment, or tools then on the job,
not intended for incorporation into the Work. Should CONTRACTOR fail to promptly remove
such machinery, equipment or tools, OWNER may remove such machinery, equipment or tools
and store same at CONTRACTOR's expense; return such machinery, equipment or tools to their
purported owner; or otherwise dispose of such machinery, equipment or tools as OWNER sees
fit. Any materials, supplies and/or equipment delivered for use in the Work, may be used in the
completion of the Work by the OWNER or the surety on the Performance Bond, or another
contractor in completion of the Work; it being understood that the use of such equipment,
supplies and materials will ultimately reduce the cost to complete the Work and be reflected in
the final settlement.
Where there is no Performance Bond or in case the surety should fail to commence compliance
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with the notice for completion hereinabove provided for within ten (10) days after the service of
such notice, then the OWNER may provide for completion of the Work in either ofthe following
elective manners:
(a) The OWNER may thereupon employ such force of workers and use such
machinery, equipment, tools, materials and supplies as the OWNER may deem
necessary to expeditiously 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 monies as may be due or that may thereafter at any time
become due to the CONTRACTOR under and by virtue of this Agreement or any
other agreement between OWNER and CONTRACTOR. 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 be
credited with 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
such CONTRACTOR, then the CONTRACTOR and/or his surety shall promptly
pay the amount of such excess to the OWNER upon demand; or
(b) The OWNER, under sealed bids, under the times and procedures provided for by
law, may let the contract for completion ofthe Work under substantially the same
terms and conditions which are provided in this Contract. In case of any increase
in cost to the OWNER under the completion contract, as compared to what would
have been the cost under this Contract, such increase shall be charged to the
CONTRACTOR, and the amount of such increase may be deducted by the
OWNER out of such monies as may be due or that may thereafter at any time
become due to the CONTRACTOR under and by virtue of this Agreement or any
other agreement between OWNER and CONTRACTOR, or the CONTRACTOR
and/or his surety shall promptly pay the amount of such increase to the OWNER
upon demand. However, should the cost to complete any such completion
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.
In the event of a default by CONTRACTOR, no further payments shall be made to
CONTRACTOR under the Contract until the Work is Finally Completed. When the Work shall
have been Finally Completed, the CONTRACTOR and his surety shall be so notified. A
complete itemized statement of the Contract accounts, certified by the ENGINEER as being
correct, shall then be prepared and delivered to the CONTRACTOR and his surety, whereupon
the CONTRACTOR and/or his surety shall pay the balance due as reflected by said statement.
The OWNER, prior to incurring an obligation to make payment hereunder, shall have such
statement of completion attested to by the CONTRACTOR and the surety as accurate, and in
exchange for payment of the sum stated therein, the OWNER shall be entitled to a full and final
release of any claims or demands by the CONTRACTOR or the surety.
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In the event the statement of accounts shows that the cost to complete the work is less than that
which would have been the cost to the OWNER had the work been completed by the
CONTRACTOR under the terms of this Contract, or when the CONTRACTOR and/or his surety
shall pay the balance shown to be due by them to the OWNER, then all machinery, equipment,
tools or supplies left on the site of the Work shall be turned over to the CONTRACTOR and/or
his surety. Should the cost to complete the Work exceed the Contract Price, and the
CONTRACTOR and/or his surety fail to pay the amount due the OWNER within the time
designated above, and there remains any machinery, equipment, tools, materials or supplies
which are the property of CONTRACTOR 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 the Contract, provided, however, that actual
written notice given in any manner will satisfy this condition. After mailing or other giving of
such notice, such property shall be held at the risk of the CONTRACTOR and his surety, subject
only to the duty of the OWNER to exercise ordinary care to protect such property. After fifteen
(15) days from the date of such notice, the OWNER may sell such property, equipment, tools,
materials or supplies, and apply the net sum derived from such sale to the credit of the
CONTRACTOR and his surety. Such sale may be made at either public or private sale, with or
without notice, as the OWNER may elect. The OWNER shall release any machinery, equipment,
tools, materials or supplies, which remain on the Work, and belong to persons other than the
CONTRACTOR or his surety, to their reputed owners.
8.02 SUPPLEMENTATION OF CONTRACTOR FORCES. If CONTRACTOR at
any time shall, in OWNER'S sole opinion, fail to furnish skilled workers, suitable materials,
supplies or adequate equipment sufficient for the prompt, timely and diligent prosecution of the
Work in accordance with OWNER's direction, OWNER shall have the right, without prejudice to
the exercise of other remedies for the same default and without fully taking over the Work, to
supplement CONTRACTOR's forces and to expedite delivery of and to procure and furnish such
workers, materials, tools, supplies or equipment for CONTRACTOR's account by employing
other contractors and suppliers engaged in the same class of work and charge the entire cost
thereof to CONTRACTOR, said cost to be deducted from sums due or to become due to
CONTRACTOR under the Contract or any other agreement with OWNER or any parent,
subsidiary or affiliate of OWNER.
8.03 CUMULATIVE REMEDIES & SPECIFIC PERFORMANCE. All rights and
remedies of OWNER, under the terms of the Contract and/or available at law or in equity, are
cumulative. In the event CONTRACTOR or any of its subcontractors, vendors or suppliers fails
or refuses for any reason to provide timely manufacture, fabrication, delivery, installation,
erection, construction or completion- of any supplies, materials, expendables, equipment,
machinery, accessories or appurtenances to be furnished hereunder, CONTRACTOR
acknowledges and agrees that such items are required, necessary, essentially unique to the
Project and the Work and will cause irreparable harm to OWNER and the Project ifnot furnished
in accordance with the Contract, and OWNER shall have the right to obtain a decree of specific
performance and mandatory injunctive relief from any Court of competent jurisdiction to ensure
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the timely furnishing of such items.
8.04 CROSS-DEFAULT. If, for any reason, CONTRACTOR is declared in default
and/or terminated by OWNER under any other agreement with OWNER, whether related to the
Project or not related to the Project, OWNER shall have the right to offset and apply any
amounts which might be owed to OWNER by CONTRACTOR under any other such agreements
against any earned but unpaid amounts owing to CONTRACTOR by OWNER under the
Contract, any retainage earned by CONTRACTOR under the Contract or any unearned, unpaid
amount under the Contract.
8.05 INSOLVENCY. It is recognized that if CONTRACTOR becomes a debtor in
voluntary or involuntary bankruptcy proceedings, makes a general assignment for the benefit of
creditors, or if a receiver is appointed on account of his insolvency, such events could seriously
impair or frustrate CONTRACTOR's performance of the Work. Accordingly, it is agreed that
should CONTRACTOR become a debtor in bankruptcy, either voluntary or involuntary,
CONTRACTOR shall notify OWNER in writing within twenty-four (24) hours of the filing with
the bankruptcy court. Further, it is agreed that upon occurrence of anyone or more such events,
OWNER shall be entitled to request of CONTRACTOR or its successors, trustees or receivers,
adequate assurances of future performance. In the event such adequate assurances are not given
to the reasonable satisfaction of OWNER within seventy-two (72) hours of such request,
OWNER shall have the right to immediately invoke the remedies of this Section 8 or as provided
by law. Pending receipt of such adequate assurances of such future performance, OWNER may
proceed with the Work on a temporary basis and deduct the costs, plus reasonable overhead and
profit, from any amounts due or which may become due to CONTRACTOR under the Contract
or any other agreement with OWNER. In this regard, OWNER and CONTRACTOR agree that
delays in performance could result in more damages to CONTRACTOR than would be sustained
if OWNER failed to exercise such remedies.
8.06 CONTINGENT ASSIGNMENT. CONTRACTOR hereby assigns to OWNER,
all of CONTRACTOR's rights under and interest in any and all subcontracts and/or purchase
orders entered into by CONTRACTOR pursuant to this Agreement, such assignment to become
effective upon CONTRACTOR's default under this Agreement or OWNER's termination of this
Contract, and OWNER's acceptance of such assignment. Upon CONTRACTOR's default or
OWNER's termination of this Contract, OWNER may, in the event there is no performance bond
for the Contract, or in the event the performance bond surety fails to complete the Contract, or if
OWNER otherwise so elects in its sole discretion, accept such assignment by written notice of
such acceptance to CONTRACTOR and subcontractor, and may require subcontractors to
perform all of the then unperformed duties and obligations under the subcontract, for the direct
benefit of OWNER. In the event OWNER requires such performance by a subcontractor, then
OWNER shall be obligated to pay such subcontractor any amounts due and owing under the
terms of the subcontract/purchase order, at the subcontract prices and rates, and subject to any
rights of withholding or offset and other terms and conditions of the subcontract, for all work
properly performed by such subcontractor, to the date of OWNER's acceptance and thereafter.
OWNER's liability in this connection, however, shall not exceed the amount obtained by
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subtracting all payments made by CONTRACTOR to subcontractor from the Subcontract Price
at the time of CONTRACTOR's default or OWNER's termination of CONTRACTOR.
CONTRACTOR shall include a provision in its subcontracts that allows such assignment and
allows OWNER to take these actions, and further provides that in the event of CONTRACTOR's
termination for default, the subcontractor agrees to give the OWNER or its agent the right to
inspect all books and records of subcontractor relating to the Work.
8.07 WAIVER OF CONSEQUENTIAL DAMAGES. CONTRACTOR expressly
waives any and all claims for consequential damages against OWNER arising out of or related
to this Contract, or any other agreements between CONTRACTOR and OWNER, including, but
not limited to, claims for damages incurred by CONTRACTOR for principal office expenses,
including the compensation of personnel stationed there, losses of financing, bonding capacity,
business and reputation, and claims for lost profit, whether on this Contract or otherwise.
8.08 TERMINATION FOR CONVENIENCE. OWNER may at its sole discretion,
upon five (5) days written notice to CONTRACTOR, terminate this Contract, in whole or in part,
if and when OWNER determines that it is in the best interest of OWNER to do so. Upon receipt
of such written notice from OWNER, CONTRACTOR shall cease all terminated Work and take
reasonable precautions to protect and preserve such work, and shall take all reasonable measures
after consultation with OWNER to terminate or assign to OWNER all subcontracts, purchase
orders or other commitments related to the Work or the Project on terms and conditions
acceptable to OWNER. CONTRACTOR will be paid for all Work performed in strict
accordance with the Contract Documents, based upon the Contract Price and the percentage of
completion on the date of termination, and less amounts previously paid, subject to any
reasonable backcharges attributable to CONTRACTOR's failure to comply with any of the
provisions of this Contract and further subject to the other terms of this Contract regarding
payment. In no event will CONTRACTOR receive or be entitled to any payment or
compensation whatsoever for interruption of business or loss of business opportunities, any other
items of consequential damages, for overhead or loss of profits on the unperformed Work and/or
services and unfurnished materials or for any intangible, impact or similarly described cost,
damages or expense, and under no circumstances shall the total sum paid to or received by
CONTRACTOR under this Contract exceed the Contract Price. The compensation provided
herein shall be CONTRACTOR's sole and exclusive remedy arising out of a termination for
convemence.
8.09 DEFAULT BY OWNER. In case the OWNER shall default on its material
obligations under this Contract, other than OWNER's failure to pay CONTRACTOR an
undisputed amount due within the time limits provided in the Contract or applicable law, as
addressed by Section 6.13 of this Agreement, and shall fail or refuse to cure, or to commence and
diligently pursue cure of such default within fifteen (15) 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 the Work
that have not been included in payments to the CONTRACTOR and have not been incorporated
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GENERAL CONDITIONS
into the Work. And thereupon, the ENGINEER shall make an estimate of the total amount
earned by the CONTRACTOR, which estimate shall include the value of all Work actually
completed by said CONTRACTOR (at the Contract Prices), the value of all partially competed
Work at a fair and equitable price, and the amount of all Extra Work performed at the prices
agreed upon, or provided for by the terms of this Contract, and a reasonable sum to cover the
cost of any provisions made by the CONTRACTOR to carry the whole Work to completion and
which cannot be utilized. The ENGINEER shall then make a final statement of the balance due
the CONTRACTOR by deducting from the above estimate all previous payments by the
OWNER and all other sums that may be retained by the OWNER under the terms of this
Agreement, and shall present the same to the OWNER, and OWNER's payment of said sum to
the CONTRACTOR, on or before thirty (30) days after OWNER's receipt of such statement,
shall satisfy any and all rights, claims or causes of action of CONTRACTOR arising out of or
related to such default by OWNER, and shall be CONTRACTOR's sole and exclusive remedy
for such default. A disputed or unilateral claim by the Contractor cannot by itself constitute a
default hereunder.
9.0 DISPUTE RESOLUTION
Any dispute or pending claim or dispute resolution process between OWNER and
CONTRACTOR shall not excuse or relieve CONTRACTOR of its obligations under the
Contract, and CONTRACTOR shall diligently prosecute the Work notwithstanding any pending
claim, dispute, or dispute resolution process between OWNER and CONTRACTOR.
All claims, disputes and other matters in question arising out of or relating to, the
Contract, or the breach thereof, shall be subject to mediation as a condition precedent to any
other dispute resolution process as may be selected by OWNER. Unless mutually agreed
otherwise the mediation shall be conducted by a third party who will be selected by agreement
between OWNER and CONTRACTOR, and Request for Mediation shall be filed with the other
party. The parties shall share the mediator's fee and any filing fees equally.
If a claim, dispute or other matter in question between OWNER and CONTRACTOR
involves the work of a subcontractor or supplier, OWNER or CONTRACTOR may join such
subcontractor or supplier as a party to any mediation proceeding between OWNER and
CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts and/or purchase
orders related to the Work a specific provision whereby the subcontractor or supplier consents to
being joined in mediation between OWNER and CONTRACTOR involving the work of such
subcontractor or supplier.
This Contract shall be governed by the laws of the State of Texas and shall be considered
performable in Brazoria County, Texas, for venue purposes. Further, the OWNER and
CONTRACTOR stipulate that venue for any dispute resolution proceeding involving or touching
upon the Contract other than the conduct of an arbitration hearing shall be in Brazoria County,
Texas, or, if such choice of venue is prohibited or unenforceable by law, shall be held in the
OS/2006 138304 1942.0
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CITY OF PEARLAND
GENERAL CONDITIONS
county where the Project is located.
CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred by
OWNER in the event OWNER seeks to enforce any provision of this Contract whether by
arbitration or other dispute resolution process. Further, in the event OWNER defends any claim
instituted by CONTRACTOR against OWNER, whether in arbitration or other dispute resolution
process, CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred by
OWNER in defending such claim provided OWNER is the prevailing party, in whole or in part,
in such proceeding.
OS/2006 138304 1942.0
00700-36
CITY OF PEARLAND
GENERAL CONDITIONS
ATTACHMENT NO.1 TO GENERAL CONDITIONS
WORKERS' COMPENSATION INSURANCE COVERAGE
A. DEFINITIONS:
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC81, TWCC-82, TWCC-83 or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's
employees providing services on a project for the duration of the Project.
Duration ofthe Project -includes the time from the beginning of the Work on the
Project until the contractor's/person's work on the Project has been completed
and the Project warranty period has expired.
Persons providing services on the project includes persons or entities performing
all or part of the services the contractor has undertaken to perform on the
project, regardless of whether that person contracted directly with due contractor
and regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, motor carriers and owner-
operators, (as defined at Section 406.121 of the Texas Labor Code), leasing
companies, and employees of any such entity, or employees of any entity which
furnishes persons to provide services on the project. "Services" include, without
limitation, providing, hauling, or delivering equipment or materials, or providing
labor, transportation, or other service related to a project. "Services" does not
include activities unrelated to the project, such as food/beverage vendors, office
supply deliveries, and delivery of portable toilets.
B. The CONTRACTOR shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Title 5 Workers' Compensation, Subtitle A
Texas Workers' Compensation Act, for employees of the contractor providing services
on the project, for the duration of the project.
C. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to
being awarded the Contract.
D. If the coverage period shown on the CONTRACTOR's current certificate of coverage
ends during the duration of the project, the CONTRACTOR must, prior to the end of the
coverage period, file a new certificate of coverage with the OWNER showing that
coverage has been extended.
OS/2006 00700-A 1
CITY OF PEARLAND
GENERAL CONDITIONS
E. The CONTRACTOR shall obtain from each subcontractor or other person providing
services on a project, and provide to the OWNER:
(1) a certificate of coverage, prior to that person beginning work on the Project, so
the OWNER will have on file certificates of coverage showing coverage for all
persons providing services on the Project; and
(2) no later than seven days after receipt by the CONTRACTOR and prior to the end
of the coverage period, a new certificate of coverage showing extension of
coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the Project.
F. The CONTRACTOR shall retain all required certificates of coverage for the duration of
the Project and for one year thereafter.
G. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal
delivery, within 10 days after the CONTRACTOR knew or should have known, of any
changes that materially affect the provision of coverage of any person providing services
on the Project.
H. The CONTRACTOR shall post on each Project site a notice, in the text, form and
manner prescribed by the Texas Worker's Compensation Commission, informing all
persons providing services on the Project that they are required to be covered, and stating
how a person may verify coverage and report lack of coverage.
NOTICE
REQUIRED WORKER'S COMPENSATION COVERAGE
"The law requires that each person working on this site or
providing services related to this construction project must be
covered by worker's compensation insurance. This includes
persons providing, hauling, or delivering equipment or materials,
or providing labor or transportation or other service related to the
project, regardless of the identity of their employer or status as an
employee."
"Call the Texas Worker's Compensation Commission at (512)
440-3789 to receive information on the legal requirements for
coverage, to verify whether your employer has provided the
required coverage, or to report an employer's failure to provide
coverage."
OS/2006
00700-A2
CITY OF PEARLAND
GENERAL CONDITIONS
I. The CONTRACTOR shall contractually require each person with whom it contracts to
provide services on a project, too:
(1) provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Title 5 Workers' Compensation, Subtitle A
Texas Workers' Compensation Act, for all of its employees providing services on
the Project, for the duration of the Project;
(2) provide to the CONTRACTOR, prior to that person beginning work on the
Project, a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on the project, for the duration of the
Project:
(3) provide the CONTRACTOR, prior to the end ofthe coverage period, a new
certificate of coverage, showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
Proj ect;
(4) obtain from each other person with whom it contracts, and provide to the
CONTRACTOR:
(a) a certificate of coverage, prior to the other person beginning work on the
Project; and
(b) a new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the Project;
(5) retain all required certificates of coverage on file for the duration of the Project
and for one year thereafter;
(6) notify the OWNER in writing by certified mail or personal delivery, within 10
days after the person knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the Project;
and
(7) contractually require each person with whom it contracts, to perform as required
by paragraphs (1) -- (7), with the certificates of coverage to be provided to the
person for whom they are providing services.
J. By signing this Contract or providing or causing to be provided a certificate of coverage,
the CONTRACTOR is representing to the OWNER that all employees of the
OS/2006 00700-A3
CITY OF PEARLAND
GENERAL CONDITIONS
CONTRACTOR who will provide services on the Project will be covered by worker's
compensation coverage for the duration of the Project, that the coverage agreements will
be based on proper reporting of classification codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate insurance carrier or, in the case of
a self-insured, with the commission's Division of Self-Insurance Regulation. Providing
false or misleading information may subject the CONTRACTOR to administrative
penalties, criminal penalties, civil penalties, or other civil actions.
K. The CONTRACTOR's failure to comply with any of these provisions is a breach of
contract by the CONTRACTOR which entitles the OWNER to pursue all rights and
remedies available to it under the Contract, at law or in equity, if the CONTRACTOR
does not remedy the breach within ten days after receipt of notice of breach from the
OWNER.
OS/2006 00700-A4
CITY OF PEARLAND
GENERAL CONDITIONS
ATTACHMENT NO.2 TO GENERAL CONDITIONS
AGREEMENT FOR FINAL PAYMENT
AND CONTRACTOR'S SWORN RELEASE
In consideration of the Final Payment under that certain contract between
(hereafter "CONTRACTOR") and the City of Pearland
(hereafter "OWNER") for the Project known as Alice/McHard Road Interconnect (the
"Contract"), the CONTRACTOR makes the following representations to OWNER, either
individually if a proprietorship, or jointly and severally by all general partners if a partnership, or
if a corporation, by action of the president and secretary of said corporation, as duly authorized
by appropriate action of the stockholders and/or board of directors of said corporation, their
signatures hereon constituting a representation under oath by said individuals that they have the
authority to execute this Agreement for and on behalf of the said corporation:
1. The undersigned CONTRACTOR represents to OWNER that the Application for
Payment for the Final Payment under the Contract, and the final Change Order issued under the
Contract if any, whether or not modified, corrected or changed in some way by the ENGINEER,
the CONTRACTOR or the OWNER, a copy of which are attached hereto and marked Exhibit
"A", are true, correct and accurate, and that CONTRACTOR has received payment in full for all
other Applications for Payment submitted under the Contract, and that CONTRACTOR has been
fully compensated for all labor, materials, equipment and/or services furnished in connection
with the Contract, except for the Final Payment.
2. It is agreed and stipulated by the undersigned CONTRACTOR that upon the
receipt of Final Payment in the amount as set out on the attached Application for Payment, the
CONTRACTOR, by execution of this instrument of release, does, therefore, RELEASE and
FOREVER DISCHARGE OWNER of and from all manner of debts, claims, demands,
obligations, suits, liabilities and causes of action of any nature whatsoever, at law or in equity, in
contract or in tort, now existing or which may hereafter accrue, arising out of or related to the
Contract, any Change Orders or Work Orders, the Work, or any labor, materials, equipment or
services furnished by CONTRACTOR to OWNER.
3. The CONTRACTOR, acting by and through the person or persons whose names
are subscribed hereto, does solemnly swear and affirm that all bills and claims have been paid to
all materialmen, suppliers, laborers, subcontractors, or other entities performing services or
supplying materials or equipment, and that OWNER shall not be subject to any bills, claims,
demands, litigation or suits in connection therewith.
4. It is further specifically understood and agreed that this Agreement for Final
Payment and Contractor's Sworn Release shall constitute a part of the Contract, and it is also
specifically understood and agreed that this Agreement shall not act as a modification, waiver or
renunciation by OWNER of any of its rights or remedies as set out in the Contract itself, but this
02/2006
00700-B1
CITY OF PEARLAND
GENERAL CONDITIONS
Agreement for Final Payment and Contractor's Sworn Release shall constitute a
supplement thereto for the additional protection of OWNER.
SIGNED and EXECUTED this, the _day of
20
CONTRACTOR:
By:
Signature
Print Name:
Title:
[If CONTRACTOR is a proprietorship, owner must sign; if a partnership, each general partner
must sign; if a corporation, the following language should be used.]
SIGNED and EXECUTED this, the _day of ,20_ by
, a Texas corporation, under authority granted to
the undersigned by said corporation as contained in the Charter, By-Laws or Minutes of a
meeting of said corporation regularly called and held.
CONTRACTOR:
By:
President
ATTEST:
Corporate Secretary
(Corporate Seal)
[This form is for use by either a proprietorship or a partnership. In the event CONTRACTOR is
a partnership or a joint proprietorship, additional signature lines should be added for each
individual. ]
OS/2006
00700-82
CITY OF PEARLAND
GENERAL CONDITIONS
AFFIDA VIT
STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared the person or
persons whose name(s) are subscribed to the above and foregoing Agreement for Final Payment
and Contractor's Sworn Release, who each, after being by me duly sworn, on their oaths deposed
and said:
I (We) am (are) the person(s) who signed and executed the above and foregoing
Agreement for Final Payment and Contractor's Sworn Release, and I (we) have read the
facts and statements as therein set out and the representations as made therein, and I (we)
state that the above and foregoing are true and correct.
CONTRACTOR .Affiant
SWORN TO AND SUBSCRIBED TO before me, the _day of 20_.
Notary Public, State of Texas
My Commission Expires:
[This form is for use in the event CONTRACTOR is a corporation.]
OS/2006
00800-83
CITY OF PEARLAND
SPECIAL CONDITIONS
AFFIDA VIT
STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared the persons
who signed and executed the above and foregoing Agreement for Final Payment mid
Contractor's Sworn Release, whose names are set out above, who each, after being by me duly
sworn, on their oaths deposed and said:
We each are the persons whose names are subscribed above, mid hold respectively the
offices in the corporation as set out above, and each state under oath that we have the
authority to execute this Agreement for Final Payment and Contractor's Sworn Release
for and on behalf of said corporation, pursuant to authority granted to us in the Charter of
said corporation, the By-Laws of said corporation and/or the Minutes of said corporation;
and the facts, statements and representations as set out in the instrument to which this
Affidavit is attached, are true and correct.
SWORN TO AND SUBSCRIBED TO before me this, the
,20_.
day of
Notary Public, State of Texas
My Commission Expires:
OS/2006
00800-83
CITY OF PEARLAND
GENERAL CONDITIONS
ATTACHMENT No.3 To GENERAL CONDITIONS
OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR
1. Definitions. For purposes of this Agreement:
1.1 Owner Parties. "Owner Parties" means (a) the City of Pearland, its successors and assigns, and
the Engineer, (b) any officers, employees, or agents of such persons or entities, and (c) others as required by the
Contract Documents, if any.
1.2 Contractor. "Contractor" shall mean the vendor providing the service or work to be performed
under this Agreement.
1.3 Subcontractor. "Subcontractor" shall include subcontractors of any tier.
1.4 ISO. "ISO" means Insurance Services Office.
2. Contractor Insurance Representations to Owner Parties
2.1 It is expressly understood and agreed that the insurance coverages required herein:
2.1.1 represent Owner Parties' minimum requirements and are not to be construed to void or
limit the Contractor's indemnity obligations as contained in this Agreement nor represent in any manner a
determination of the insurance coverages the Contractor should or should not maintain for its own protection; and
2.1.2 are being, or have been, obtained by the Contractor in support of the Contractor's liability
and indemnity obligations under this Agreement. Neither the requirements as to insurance to be carried as provided
for herein, the insolvency, bankruptcy or failure of any insurance company carrying insurance of the Contractor, nor
the failure of any insurance company to pay claims accruing, shall be held to affect, negate or waive any of the
provisions of this Agreement.
2.2 Failure to obtain and maintain the required insurance shall constitute a material breach of, and
default under, this Agreement. If the Contractor shall fail to remedy such breach within five (5) business days after
notice by the Owner, the Contractor will be liable for any and all costs, liabilities, damages and penalties resulting to
the Owner Parties from such breach, unless a written waiver of the specific insurance requirement(s) is provided to
the Contractor by the Owner. In the event of any failure by the Contractor to comply with the provisions of this
Agreement, the Owner may, without in any way compromising or waiving any right or remedy at law or in equity,
on notice to the Contractor, purchase such insurance, at the Contractor's expense, provided that the Owner shall
have no obligation to do so and if the Owner shall do so, the Contractor shall not be relieved of or excused from the
obligation to obtain and maintain such insurance amounts and coverages.
3. Conditions Affectinl!: All Insurance Required Herein
3.1 Cost ofInsurance. All insurance coverage shall be provided at the Contractor's sole expense.
3.2 Status and Rating of Insurance Company. All insurance coverage shall be written through
insurance companies authorized to do business in the state in which the work is to be performed and rated no less
than A-: VII in the most current edition of A. M. Best's Key Rating Guide.
3.3 Restrictive, Limiting, or Exclusionary Endorsements. All insurance coverage shall be provided to
the Owner Parties in compliance with the requirements herein and shall contain no endorsements that restrict, limit,
or exclude coverage required herein in any manner without the prior express written approval of the Owner.
3.4 Limits of Liability. The limits of liability may be provided by a single policy of insurance or by a
combination of primary and umbrella policies, but in no event shall the total limits of liability available for anyone
occurrence or accident be less than the amount required herein.
OS/2006 140696 1942.0
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CITY OF PEARLAND
GENERAL CONDITIONS
3.5 Notice of Cancellation, Nonrenewat or Material Reduction in Coverage. All insurance coverage
shall contain the following express provision:
In the event of cancellation, non-renewal, or material reduction in coverage
affecting the certificate holder, thirty (30) days prior written notice shall be
given to the certificate holder by certified mail or registered mail, return receipt
requested.
3.6 Waiver of Subrogation. The Contractor hereby agrees to waive its rights of recovery from the
Owner Parties with regard to all causes of property and/or liability loss and shall cause a waiver of subrogation
endorsement to be provided in favor of the Owner Parties on all insurance coverage carried by the Contractor,
whether required herein or not.
3.7 DeductiblelRetention. Except as otherwise specified herein, no insurance required herein shall
contain a deductible or self-insured retention in excess of $25,000 without prior written approval of the Owner. All
deductibles and/or retentions shall be paid by, assumed by, for the account of, and at the Contractor's sole risk. The
Contractor shall not be reimbursed for same.
4. Maintenance of Insurance. The following insurance shall be maintained in effect with limits not less than
those set forth below at all times during the term of this Agreement and thereafter as required:
4.1 Commercial General Liability Insurance
4.1.1 Coverage. Such insurance shall cover liability arising out of all locations and operations
of the Contractor, including but not limited to liability assumed under this contract (including the tort liability of
another assumed in a business contract). Defense shall be provided as an additional benefit and not included within
the limit of liability.
4.1.2 Form. Commercial General Liability Occurrence form (at least as broad as an
unmodified ISO CG 0001 0798 or its equivalent).
4.1.3 Amount ofInsurance. Coverage shall be provided with limits of not less than:
Each Occurrence Limit
General Aggregate Limit
Product-Completed Operations Aggregate Limit
Personal and Advertising Injury Limit
$1,000,000
$2,000,000
$2,000,000
$1,000,000
4.1.4 Required Endorsements
a. Additional Insured. Additional insured status shall be provided in favor of the
Owner Parties on any of the following:
1. ISO form CG 201011 85; or
11. ISO form CG 20 26 11 85; or
111. a combination ofISO forms CG 2033 1001 and CG 20 371001; or
IV. any form providing equivalent protection to Owner.
b. Designated Construction Proiect(s) Aggregate Limit. The aggregate limit shall
apply separately to this Agreement through use of an ISO CG 25 03 03 97 endorsement or its equivalent.
c. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as
required in 3.5, above.
d. Personal Iniury Liability. The personal injury contractual liability exclusion
shall be deleted.
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CITY OF PEARLAND
GENERAL CONDITIONS
e. Primary and Non-Contributing Liability. It is the intent of the parties to this
Agreement that all insurance required herein shall be primary to all insurance available to the Owner Parties. The
obligations ofthe Contractor's insurance shall not be affected by any other insurance available to the Owner Parties
and shall seek no contribution from the Owner Parties' insurance, whether primary, excess contingent, or on any
other basis. The Contractor's insurance coverage shall be endorsed to provide such primary and non-contributing
liability.
f. Waiver of Subrogation, as required in 3.6, above.
4.1.5 Continuing Commercial General Liability Insurance. The Contractor shall maintain such
insurance in identical coverage, form and amount, including required endorsements, for at least two (2) years
following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall
provide written representation to Owner stating Work completion date.
4.2 Auto Liability Insurance
4.2.1 Coverage. Such insurance shall cover liability arising out of any auto (including owned,
hired, and non-owned).
4.2.2 Form. Business Auto form (at least as broad as an unmodified ISO CA 0001 or its
equivalent).
4.2.3 Amount of Insurance. Coverage shall be provided with a limit of not less than
$1,000,000.
4.2.4 Required Endorsements
a. Notice of Cancellation. Nonrenewal or Material Reduction III Coverage, as
required in 3.5, above.
b. Waiver of Subrogation, as required in 3.6, above.
4.3 Emplover's Liability Insurance
4.3.1 Coverage. Employer's Liability Insurance shall be provided as follows:
4.3.2 Amount ofInsurance. Coverage shall be provided with a limit of not less than:
Employer's Liability:
$1,000,000 each accident and each disease.
4.3.3 Required Endorsements
a. Notice of Cancellation. Nonrenewal or Material Reduction III Coverage, as
required in 3.5, above.
b. Waiver of Subrogation, as required in 3.6, above.
4.4 Umbrella Liability Insurance
4.4.1 Coverage. Such insurance shall be excess over and be no less broad than all coverages
described above and shall include a drop-down provision for exhaustion of underlying limits.
4.4.2 Form. This policy shall have the same inception and expiration dates as the commercial
general liability insurance required above.
4.4.3 Amount of Insurance. Coverage shall be provided with a limit of not less than
$5,000,000.
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CITY OF PEARLAND
GENERAL CONDITIONS
4.4.4 Continuing Umbrella Liability Insurance. The Contractor shall maintain such insurance
in identical coverage, form and amount, including required endorsements, for at least two (2) years following Date
of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written
representation to the Owner stating Work completion date.
4.5 Professional Liability Insurance
4.5.1 Coverage. The Contractor shall provide professional liability insurance for claims arising
from the negligent performance of professional services of any type, including but not limited to design or
design/build services as part of the Work to be performed.
4.5.2 Form. This insurance shall include prior acts coverage sufficient to cover all services
rendered by the Contractor and by its consultants under this Agreement. It is recognized that this coverage may be
provided on a Claims-Made basis.
4.5.3 Amount of Insurance. Coverage shall be provided with a limit of not less than
$1,000,000.
4.5.4 Continuing Professional Liability Insurance. The Contractor shall maintain such
insurance in identical coverage, form and amount for at least two (2) years following Date of Substantial
Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation
to the Owner stating Work completion date.
4.6 Builder's Risk
4.6.1 Insureds. Insureds shall include:
a. Owner, General Contactor and all Loss Payees and Mortgagees as Named
Insureds; and
b. subcontractors of all tiers in the Work as Additional Insureds.
4.6.2 Covered Pro{lerty. Such insurance shall cover:
c.
d.
all structure(s) under construction, including retaining walls, paved surfaces and
roadways, bridges, glass, foundation(s), footings, underground pipes and wiring,
excavations, grading, backfilling or filling;
all temporary structures (e.g., fencing, scaffolding, cribbing, false work, forms,
site lighting, temporary utilities and buildings) located at the site;
all property including materials and supplies on site for installation;
all property including materials and supplies at other locations but intended for
use at the site;
all property including materials and supplies in transit to the site for installation
by all means of transportation other than ocean transit; and
other Work at the site identified in the Agreement to which this Exhibit is
attached.
a.
b.
e.
f.
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CITY OF PEARLAND GENERAL CONDITIONS
4.6.3 Form
a. Coverage shall be at least as broad as an unmodified ISO Special form, shall be
provided on a completed-value basis, and shall be primary to any other coverage
insurance available to the insured parties, with that other insurance being excess,
secondary and non-contributing.
b. No protective safeguard warranty shall be permitted.
c. Required coverage shall further include:
1.
Additional expenses due to delay in
completion of project (where applicable)
Agreed value
Damage arising from error, omission or
deficiency in construction methods,
design, specifications, workmanship or
materials, including collapse
Debris removal additional limit
Earthquake (where applicable)
Earthquake sprinkler leakage (where
applicable)
Expediting expenses
Flood (where applicable)
Freezing
Mechanical breakdown, including hot &
cold testing (where applicable)
Notice of cancellation, non-renewal or
material reduction - 60 days prior written
notice to each insured
Occupancy clause, as required in F,
below
Ordinance or law
Pollutant clean-up and removal
Preservation of property
Replacement cost
Theft
Waiver of subrogation as required in G,
below.
$TBD
Included without sub limit
Included without sub limit
25% of direct damage loss
$TBD
$TBD
$TBD
$TBD
Included without sublimit
Included without sub limit
Included
Included
Included without sub limit
$TBD
Included without sub limit
Included
Included without sub limit
Included
4.6.4 Amount of Insurance. Coverage shall be provided in an amount equal at all times to the
full replacement value and cost of debris removal for any single occurrence.
11.
111.
IV.
V.
VI.
Vll.
Vlll.
IX.
X.
Xl.
Xu.
Xlll.
XIV.
xv.
XVI.
XVll.
XVlll.
4.6.5 Deductibles. Deductibles shall not exceed the following:
a.
b.
c.
d.
All Risks of Direct Damage, Per Occurrence,
except
Delayed Opening Waiting Period
Flood, Per Occurrence
Earthquake and Earthquake Sprinkler Leakage,
Per Occurrence
$5,000
5 Days
$25,000 or excess ofNFIP if
in Flood Zone A, B or V
$25,000
4.6.6 Termination of Coverage. The termination of coverage provision shall be endorsed to
permit occupancy of the covered property being constructed so long as such occupancy
does not exceed 20% of the usable area of the property. This insurance shall be
maintained in effect, unless otherwise provided for in the Contract Documents, until the
earliest of the following dates:
OS/2006 140696 1942.0 00700 C5
CITY OF PEARLAND
GENERAL CONDITIONS
a.
the date on which all persons and organizations who are insureds under the
policy agree that it shall be terminated;
the date on which final payment, as provided for in the Agreement to which this
Exhibit is attached, has been made; or
the date on which the insurable interests in the Covered Property of all insureds
other than Contractor have ceased.
b.
c.
4.6.7 Waiver of Subrogation. The waiver of subrogation proVISIOn shall be endorsed as
follows:
a. A waiver of subrogation shall be provided in favor of all insureds.
b. The waiver of subrogation provisions shall be endorsed as follows:
Should a covered loss be subrogated, either in whole or in
part, your rights to any recovery will come first, and we will
be entitled to a recovery only after you have been fully
compensated for the loss.
5. Intentionally left blank.
6. Evidence of Insurance
6.1 Provision of Evidence. Evidence of the insurance coverage required to be maintained by the
Contractor, represented by certificates of insurance, evidence of insurance, and endorsements issued by the
insurance company or its legal agent, and must be furnished to the Owner prior to commencement of Work and not
later than fifteen (15) days after receipt of this Agreement. New certificates of insurance, evidence of insurance, and
endorsements shall be provided to the Owner prior to the termination date of the current certificates of insurance,
evidence of insurance, and endorsements.
6.2 Form
6.2.1 All property insurance required herein shall be evidenced by ACORD form 28,
"Evidence of Property Insurance".
6.2.2 All liability insurance required herein shall be evidenced by ACORD form 25,
"Certificate of Insurance".
6.3 Specifications. Such certificates of insurance, evidence of insurance, and endorsements shall
specify:
6.3.1 The Owner as a certificate holder with correct mailing address.
6.3.2 Insured's name, which must match that on this Agreement.
6.3.3 Insurance companies affording each coverage, policy number of each coverage, policy
dates of each coverage, all coverages and limits described herein, and signature of authorized representative of
insurance company.
6.3.4 Producer of the certificate with correct address and phone number listed.
6.3.5 Additional insured status required herein.
6.3.6 Amount of any deductibles and/or retentions.
6.3.7 Cancellation, non-renewal and material reduction in coverage notification as required by
this Agreement. Additionally, the words "endeavor to" and "but failure to mail such notice shall impose no
obligation or liability of any kind upon Company, it agents or representatives" shall be deleted from the cancellation
provision of the ACORD 25 certificate of insurance form.
6.3.8 Designated Construction Project Aggregate Limits required herein.
6.3.9 Personal Injury contractual liability required herein.
6.3.10 Primary and non-contributing status required herein.
6.3.11 Waivers of subrogation required herein.
OS/2006 140696 1942.0
00700 C6
CITY OF PEARLAND
GENERAL CONDITIONS
6.4 Required Endorsements. A copy of each of the required endorsements shall also be provided.
6.5 Failure to Obtain. Failure of any Owner Party to demand such certificate or other evidence of full
compliance with these insurance requirements or failure of any Owner Party to identify a deficiency from evidence
that is provided shall not be construed as a waiver of the Contractor's obligation to maintain such insurance.
6.6 Certified Copies. Upon request of any Owner Party, the Contractor shall provide to the Owner a
certified copy of all insurance policies required herein within ten (I 0) days of any such request. Renewal policies, if
necessary, shall be delivered to the Owner prior to the expiration of the previous policy.
6.7 Commencement of Work. Commencement of Work without provision of the required certificate
of insurance, evidence of insurance and/or required endorsements, or without compliance with any other provision
of this Agreement, shall not constitute a waiver by any Owner Party of any rights. The Owner shall have the right,
but not the obligation, of prohibiting the Contractor or any subcontractor from performing any Work until such
certificate of insurance, evidence of insurance and/or required endorsements are received and approved by the
Owner.
7. Insurance Requirements of Contractor's Subcontractors
7.1 Insurance similar to that required of the Contractor shall be provided by all subcontractors (or
provided by the Contractor on behalf of subcontractors) to cover operations performed under any subcontract
agreement. The Contractor shall be held responsible for any modification in these insurance requirements as they
apply to subcontractors. The Contractor shall maintain certificates of insurance from all subcontractors containing
provisions similar to those listed herein (modified to recognize that the certificate is from subcontractor)
enumerating, among other things, the waivers of subrogation, additional insured status, and primary liability as
required herein, and make them available to the Owner upon request.
7.2 The Contractor is fully responsible for loss and damage to its property on the site, including tools
and equipment, and shall take necessary precautions to prevent damage to or vandalism, theft, burglary, pilferage
and unexplained disappearance of property. Any insurance covering the Contractor's or its subcontractor's property
shall be the Contractor's and its subcontractor's sole and complete means or recovery for any such loss. To the
extent any loss is not covered by said insurance or subject to any deductible or co-insurance, the Contractor shall not
be reimbursed for same. Should the Contractor or its subcontractors choose to self insure this risk, it is expressly
agreed that the Contractor hereby waives, and shall cause its subcontractors to waive, any claim for damage or loss
to said property in favor of the Owner Parties.
8. Use of the Owner's Equipment. The Contractor, its agents, employees, subcontractors or suppliers shall
use the Owner's equipment only with express written permission of the Owner's designated representative and in
accordance with the Owner's terms and condition for such use. If the Contractor or any of its agents, employees,
subcontractors or suppliers utilize any of the Owner's equipment for any purpose, including machinery, tools,
scaffolding, hoists, lifts or similar items owned, leased or under the control of the Owner, the Contractor shall
defend, indemnify and be liable to the Owner Parties for any and all loss or damage which may arise from such use.
9. Release and Waiver. The Contractor hereby releases, and shalI cause its subcontractors to release, the
Owner Parties from any and alI claims or causes of action whatsoever which the Contractor and/or its subcontractors
might otherwise now or hereafter possess resulting in or from or in any way connected with any loss covered by
insurance, whether required herein or not, or which should have been covered by insurance required herein,
including the deductible and/or uninsured portion thereof, maintained and/or required to be maintained by the
Contractor and/or its subcontractors pursuant to this Agreement.
OS/2006 140696 1942.0
00700 C7
CITY OF PEARLAND
SPECIAL CONDITIONS
SECTION 00800
SPECIAL CONDITIONS OF AGREEMENT
The following Special Conditions modify the General Conditions, Document 00700. Where a
portion of the General Conditions is modified or deleted by these Special Conditions, the
unaltered portions of the General Conditions shall remain in effect.
(Following are examples of Special Conditions. These must be developed specifically for each
project.)
1.01 Add the following paragraph to Article 1.01:
The OWNER'S representative on the project site is:
telephone:
4.05 Add the following paragraph to Article 4.05:
A Maintenance Bond in accordance with Document 00612 of the Project Manual
is required for this Project. The cost of this bond shall be included in the
CONTRACTOR'S Bid Proposal.
4.06 In Article 4.06, the required insurance limits are amended as follows:
4.06 (2). General Aggregate Limit -$1,000,000.
OS/2006
00800-B3
CITY OF PEARLAND
WAGE SCALE FOR
ENGINEERING CONSTRUCTION
SECTION 00811
WAGE SCALE FOR ENGINEERING CONSTRUCTION
1.01 In accordance with the Prevailing Wage law for Public Works (Chapter 2258 of the
Texas Government Code), the public body awarding the Contract does hereby specify the
following to be the general prevailing rates in the locality in which the Work is being
performed.
1.02 This prevailing wage rate does not prohibit the payment of more than the rates stated.
1 .03 The wage scale for engineering construction is to be applied to all site work greater than
five (5) feet from an exterior wall of a new building under construction, or from an
exterior wall of an existing building.
(Attach the current wage rates. Number the pages 00811-2, 00811-3, etc..)
02/2006
00811-1
Bond No. PRF 8781215
CITY OF PEARLAND
PERFORMANCE
BOND
SECTION 00610
PERFORMANCE BOND
STATE OF TEXAS S
COUNTY OF BRAZORIA S
KNOWN ALL MEN BY THESE PRESENTS: That Jaho, Incorporated of the City
of Humble , County of Harris , and State of Texas, as principal, and
Colonlal Arnerlcan Casualty and authorized under the laws of the State of Texas to act
a;~~:f;, ~~IRb~~~s for principals, are held and firmly bound unto City of Pearland as Obligee
(Owner), in the penal sum of $ 139,539.30 for the payment whereof, the said
Principal and Surety bind themselves, and their heirs, administrators, executors, successors and
assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as
ofthe _ day of , 200_, (the "Contract") to commence and complete the
construction of certain improvements described as follows:
Paving and Drainage Facilities for AlicejMcHard Road Interconnect
which Contract, including the Contract Documents as defined therein, 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 faithfully perform said Contract Work and shall in all respects duly and faithfully
observe and perform all and singular the covenants, conditions and agreements in and by said
Contract agreed and covenanted by the Principal to be observed and performed, and according to
the true intent and meaning of said Contract and Contract Documents, then this obligation shall
be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253
of the Texas Government Code as amended and all liabilities on this bond shall be determined in
accordance with the provisions of said Statute 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 the same, shall in any way affect its obligation on this
bond, and it does hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the Contract, or to the Work to be performed thereunder.
05-l-+1200~~ 13 8302v2 1942.0
0610-1
CITY OF PEARLAND
PERFORMANCE
BOND
P nc
B'
Tit .
Addr s: 2003 Wilson Rd, Humble, TX 77396
Telep one: ( ) 281-446-4781
Fax: ( ) 281-446-6939
HOWARD CORDEll
PRESIDENT
ESS WHEREOF, the said Principal and Surety have signed and sealed this instrument
day of ,20_.
COLONIAL AM CASUALTY AND SURETY
COMPANY
Surety
By:
Title: hilip . air, Attorney-in-Fact
Address: P.O. Box 1227, Baltimore, MD 21203
Telephone: () 800-654-5155
Fax: () 512-475-1771
NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE
OF CLAIM SHOULD BE SENT MAYBE OBTAINED FROM THE TEXAS
DEPARTMENT OF INSURANCE BY CALLING ITS TOLL-FREE TELEPHONE
NUMBER:
1-800-252-3439.
END OF SECTION
05-l--l-/200Q~ 138302v2 1942.0
0610-2
Bond No. PRF 8781215
CITY OF PEARLAND
PAYMENT
BOND
SECTION 00620
PAYMENT BOND
STATE OF TEXAS S
COUNTY OF BRAZORIA S
KNOWN ALL MEN BY THESE PRESENTS: That Jaho, Incorporated , of the City
of Humble , County of Harris , and State of Texas, as principal, and
~olo~la~ Amerlcan Casualty and authorized under the laws of the State of Texas to act as
",urCeY bOHl-p.:my
surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee
(Owner), in the penal sum of One Hundred Thirty-Nine Thousand Five Hundred Thirty-Nine
and 30/100 Dollar ($139,539.30)
for the payment whereof, the said Principal and Surety bind themselves, and their heirs,
administrators, executors, successors arid assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as
ofthe
day of ,20_, (the "Contract") to commence and complete the construction
of certain improvements described as follows:
Paving and Drainage Facilities for Alice/McHard Road Interconnect
which Contract, including the Contract Documents as defined therein, 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 or 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 Chapter 2253
of the Texas Government Code as amended and all liabilities on this bond shall be determined in
accordance with the provisions of said Statute 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 the same, shall in any way affect its obligation on this
bond, and it does hereby waive notice of any such change, extension of time, alteration or
OS/2006 138303v2 1942.0
00620-1
CITY OF PEARLAND
PAYMENT
BOND
addition to the terms of the Contract, or to the Work to be performed thereunder.
OF, the said Principal and Surety have signed and sealed this instrument
20
P'
B:
Tit
Addre
Telep
Fax: (
: 2003 Wilson Rd, Humble, TX 77396
ne: ( ) 281-446-4781
) 281-446-6939
COLONIA
SURE Y
Surety
By:
Title: Philip N. Bair, Attorney-in-Fact
Address: P.o. Box 1227, Baltimore, MD 21203
Telephone: ( ) 800-654-5155
Fax: () 512-475-1771
J
HOWARD CORDELL
PRESIDENT
NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE
OF CLAIM SHOULD BE SENT MAYBE OBTAINED FROM THE TEXAS
DEPARTMENT OF INSURANCE BY CALLING ITS TOLL-FREE TELEPHONE
NUMBER: 1-800-252-3439.
END OF SECTION
OS/2006 138303v2 1942.0
00620-2
CITY OF PEARLAND
ONE- YEAR MAINTENANCE BOND
Bond No. PRF 8781215
Section 00612
ONE-YEAR MAINTENANCE BOND
STATE OF TEXAS
COUNTY OF BRAZORIA
KNOW ALL MEN BY THESE PRESENTS: That Jaho, Incorporated of
the City of Humble .'. , County of Harris , and State of Texas, as principal, and
Colonial American Casualty and authorized under the laws of the State of Texas to
Surety Company .
act as surety on Donds for principals, are held and firmly bound unto City of Pearl and (Owner), In
the penal sum of One Hundred Thirty-Nine Thousand Five Hundred Thirty-Nine and 30/100
for the payment whereof, the said Principal and Surety bind themselves, and their heirs, Dollars
administrators, executors, successors and assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the
_ day of to commence and complete the construction of certain
improvements described as follows:
Construction of Paving and Drainage Facilities for
AliceIMcHard Road Interconnect
City of Pearland, Texas
BID NO.:
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 faithfully correct all such work not in accordance with the Contract Documents
discovered within the one-year period from the date of substantial completion, then this obligation
shall be void; otherwise to remain in full force and effect;
"PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253
of the Texas Government Code as amended and all liabilities on this bond shall be determined in
accordance with the provisions of said Statute to the same extent as if it were copied at length
herein. "
Surety, for value received, stipulates and agrees that no change, extension oftime, alteration or
addition to the terms of the contract, or to the work performed thereunder, or the plans,
specifications, or drawings accompanying the same, shall in any way affect its obligation on this
bond, and it does hereby waive notice of any such change, extension oftime, alteration or addition
to the terms of the contract, or to the work to be performed thereunder.
OS/2006
Page 1 of2
CITY OF PEARLAND
ONE- YEAR MAINTENANCE BOND
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument
this _ day of
Address:
2003 Wilson Road
Humble, TX 77396
Telephone:
281-446-4781
Fax:
281-446-6939
Surety: COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY
BY:lf!fO ~
!Phili N. Bair
Title: Attorney-in-Fact
Address:
P.O. Box 1227
Baltimore, MD 21203
Telephone:
800-654-5155
Fax:
512-475-1771
The name and address of the Resident Agent of Surety is:
Philip N. Bair
P.O. Box 1388
Houston, TX 77251
END OF SECTION
OS/2006
Page 2 of2
Bond No. PRF 8781215
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations~fthe S ~aryland, by M. P.
HAMMOND, Vice President, and GERALD F. HALEY, Assistant Secretary, in <@ ~~ity granted by Article
VI, Section 2, of the By-Laws of said Companies, which are set forth 0 ~ s ereo a e hereby certified to be
in full force and effect on the date hereof, does hereby nomi t a .. , Vicie COLEMAN,
'"
Phyllis RAMIREZ, Eric S. FEIGHL, Brian M ei~l . HAHN, all of Houston, Texas,
EACH its true and lawful agent and A~~- e , ~'ah eliver, for, and on its behalf as surety, and
as its act and deed: any an 1~@\Md~der' Ponds on behalf of Independent Executors,
Community Survi '" lrdrt.:unit . e execution of such bonds or undertakings in pursuance of these
presents, shall be as.' go' s, as fully and amply, to all intents and purposes, as if they had been duly
executed and ackno !.(S h e u arly elected officers of the Company at its office in Baltimore, Md., in their own
proper persons. This 0 of attorney revokes that issued on behalf of Philip N. BAIR, Vicie COLEMAN, Phyllis
RAMIREZ, Mildred L. MASSEY, Eric S. FEIGHL, Brian M. LEBOW, Allyson DEAN, Carmen MIMS, Alwyn L. HAHN,
dated February 14, 2006.
The said Assistant Secretary does hereby certifY that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By-Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL
AMERICAN CASUALTY AND SURETY COMPANY, this 27th day of April, A.D. 2006.
ATTEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
k:;~
By:
Assistant Secretary M. P. Hammond
~--J
Gerald F. Haley
Vice President
State of Maryland } sS'
City of Baltimore .
On this 27th day of April, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came M. P. HAMMOND, Vice President, and GERALD F. HALEY, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the
preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and
each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the
preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
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""~~~:'C;(:;li.;r;\ tl"......
111111\\\\
~D~
Maria D. Adamski Notary Public
My Commission Expires: July 8, 2007
POA-F 168-7253
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature ofmortgages,...and to affix the seal ofthe Company thereto."
EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature ofmortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of
Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who
executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors
to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the respective By-Laws of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY at a meeting duly called and held on the 5th day of May, 1994.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this
day of
~~()~t < f1t1lt'-(5
Assistant Secretary
Fidelity and Deposit Company of Maryland
Colonial American Casualty and Surety
Home Office: P.O. Box 1227, Baltimore, MD 21203-1227
IMPORTANT NOTICE
To obtain information or make a complaint:
You may call the Fidelity and Deposit Company of Maryland or Colonial American Casualty and Surety
Company's toll-free telephone number for information or to make a complaint at:
1-800-654-5155
You may contact the Texas Department ofInsurance to obtain information on companies, coverages, rights, or complaints at:
1-800-252-3439
You may write the Texas Department ofInsurance:
P.O. Box 149104
Austin, TX 78714-9104
FAX # (512) 475-1771
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning the premium or about a claim, you should
first contact Fidelity and Deposit Company of Maryland or Colonial American Casualty and Surety Company. If the dispute
is not resolved, you may contact the Texas Department ofInsurance.
ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or
condition of the attached document.
ACORD"A CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYY)
08/07/2006
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
JOHN L. WORTHAM & SON, L.P. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
PO. BOX 1388 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
HOUSTON, TEXAS 77251-1388 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
081394-1-207 dxs - kjones INSURERS AFFORDING COVERAGE
INSURED INSURER A: American Guarantee /Liability Ins CO
JAHOINCORPORATED INSURER B: Bituminous Casualty Corporation
2003 WILSON ROAD
HUMBLE,TX 77396 INSURER C:
INSURER 0:
I INSURER E:
COVERAGES
THE 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 CONDITIONS OF SUCH POLICIES.
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~f: TYPE OF INSURANCE POLICY NUMBER PEH~Y EFFECTIVE P~~1.f"v EXPIRATION LIMITS
B ~NERAL LIABILITY CLP3224027 02/02/2006 10/01/2006 EACH OCCURRENCE $ 1,000,000
I 3MMERCIAL GENERAL LIABILITY FIRE DAMAGE IAnv one flre) $ 100,000
- CLAIMS MADE G2J OCCUR
MED EXP lAnv one cersonl $ 5,000
-
--L POLLUTION 100/100 PERSONAL & ADV INJURY $ 1,000,000
- GENERAL AGGREGATE $ 2,000,000
~'L AGGREmE LIMIT AnS PER: PRODUCTS - COM PlOP AGG $ 2.000,000
POLICY I ~~:?.;. LOC
B ~TOMOBILE LIABILITY CAP3224027 02/02/2006 1 % 1 /2006 COMBINED SINGLE LIMIT
$ 1,000,000
ANY AUTO (Ea accident)
tL ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
f--
d- HIRED AUTOS BODILY INJURY
~ (Per accident) $
NON-OWNED AUTOS
f-- PROPERTY DAMAGE $
(Per accident)
~RAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
A EXCESS LIABILITY AUC591629BOO 02/02/2006 10/01/2006 EACH OCCURRENCE $ 5,000,000
1] OCCUR D CLAIMS MADE AGGREGATE $ 5,000,000
$
~ DEDUCTIBLE $
I RETENTION $ 10,000 $
B WORKERS COMPENSATION AND WC3224019 02/02/2006 10/01/2006 I WC STATU., I IOI~- $
EMPLOYERS' LIABILITY 1,000,000
E.L. EACH ACCIDENT $
E.L. DISEASE. EA EMPLOYE $ 1,000,000
E.L. DISEASE - POLICY LIMIT $ 1,000,000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
REF: PAVING & DRAINAGE FACILITIES FOR ALlCE/McHARD ROAD INTERCONNECT
CERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED ON GENERAL LIABILITY PER ISO FORMS CG 20 33 07/04 & CG 20 37 07/04 WHEN
REQUIRED BY WRITTEN CONTRACT AS RESPECTS LIABILITY ARISING OUT OF NAMED INSUREDS WORK FOR THE ADDITIONAL INSURED.
WAIVER OF SUBROGATION IS PROVIDED ON ALL POLICIES WHEN REQUIRED BY WRITTEN CONTRACT. COVERAGE UNDER THESE POLICIES IS
PRIMARY & NON CONTRIBUTORY TO ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED,
CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION (BELOW & SEE REVERSE)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
CITY OF PEARLAND LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF
ENGINEERING DEPARTMENT ANY KIND UPON THE ISSUER, ITS AGENTS OR REPRESENTATIVES
3523 LIBERTY DRIVE
PEARLAND. TX 77581 · f;rlRI~R1/1"ESl;NTA~~ J..I
ATTN: BETTY FOREMAN
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ACORD 25-5 (7/97) fI @ACORDCORPORATION 1988
Cert. # 081394-1-207
CITY OF PEARLAND
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
On this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAI VED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu ofsuch endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend, or alter the coverage afforded by the policies listed thereon.
CANCELLATION NOTICE
The CANCELLATION NOTICE on the CERTIFICATE OF INSURANCE is amended to include the
following additional wording: The Insurance Company may cancel the described policy(ies) by mailing
or delivering ten (10) days written notice of cancellation to the Certificate Holder for:
(1) Non Payment of premium or (2) any other circumstance permitted by state law or policy conditions.
ACORD 25-$ (7/97)