HomeMy WebLinkAboutRes 10-18 Entering into an Agreement with Rodgers Construction for Waterline Improvements TOWN OF WESTLAKE
RESOLUTION NO. 10-18
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,
TEXAS, ENTERING INTO AN AGREEMENT WITH RODGERS CONSTRUCTION
COMPANY FOR THE INSTALLATION OF WATERLINE IMPROVEMENTS IN
STAGECOACH HILLS; AND AUTHORIZING THE TOWN MANAGER TO EXECUTE
THE AGREEMENT ON BEHALF OF THE TOWN OF WESTLAKE, TEXAS.
WHEREAS, the state requires water purveyors to provide a safe and adequate supply of
water to citizens and water customers within their geographic service area; and
WHEREAS, certain sections of waterlines within the Town's distribution system have
deteriorated to a point where they have required numerous repairs and compromise the efficiency
of Town operations; and
WHEREAS, the Town Council find that replacing the waterlines within Stagecoach
Hills is sound infrastructure planning consistent with goals and objectives within the adopted
strategic plan; and
WHEREAS, the Town Council find that replacing the waterlines within Stagecoach
Hills works to achieve the Town's desire to provide safe drinking water; and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the public.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL TO THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1. That, the above findings are hereby found to be true and correct and are
incorporated herein in the entirety.
SECTION 2. That, the Town Council of the Town of Westlake, Texas, hereby approve
the agreement with Rodgers Construction Company relating to the construction of the
Stagecoach Hills waterline improvements attached hereto as Exhibit "A"; and further authorizes
the Town Manager to execute said agreement on behalf of the Town of Westlake, Texas.
SECTION 3. That, the construction cost of this project, has been included in the
2009/2010 adopted budget.
SECTION 4: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
Resolution 10-18
Pagel of 2
SECTION 5: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 28TH DAY OF JUNE 2010.
SOF WEST
:stn Laura Wheat, Mayor
ATTEST:
Kelly Edwaias, Town Secretary Tom Brymer, Pwn Manager
APPROVE TO F
�p l
L.litinTon L `, To Attorney
Resolution 10.18
Page 2 of 2
PASSED ANOAN IS 28TH DAY OF JUNE 2010.
ATTEST: Laura L. Wheat, Mayor
f
KeO Ed ds, Town Secretary homas E. Br er, own Manager
APPROVED AS TO FORM:
4. tAantoin(oer6§,1ov(n Attorney
Resolution 10.17
Page 2 of 2
SPECIFICATIONS '
AND
CONTRACTS DOCUMENTS
FOR
STAGE COACH HILLS WATER IMPROVEMENTS
,TUNE 2010
TOWN OF WESTLAKE
LAURA WHEAT
MAYOR
TOWN COUNCIL
LARRY CORSON -MAYOR PRO TEM'
CLIF COX RICK RENNHACK I
TIM BRITTAN CAROL LANGDON
THOMAS E. BRYMER
TOWN MANAGER
W, JEFF WILLIAMS, P.E.
TOWN ENGINEER
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GRAHAM ASSOCIATES, INC. r R *
CONSULTING ENGINEERS&PLANNERS p JE...E � INKLEFI
600 SIXFLAGS DR, SUITE 500 # .............. .. .„....s
ARLINGTON,TEXAS 76011 'r
PHONE: (817)640-8535 l l'•.(� 4.°�/
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TABLE OF CONTENTS
1. Project Location Map
2. Notice to Bidders
3. Instructions to Bidders
4. Proposal
5. Maintenance Bond
6. Performance Bond
7. Payment Bond
8. Standard Form of Agreement
9. Certificate of Insurance
10. Indemnification
11. General Conditions
12. Specifications
13. Special Conditions
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NOTICE TO BIDDERS
Stage Coach Hills Water Improvements being installation of new water line facilities
within the existing residential development and more specifically:
Approximately 2,400 LF of 8" PVC Water Line
Approximately 1,350 LF of 6" PVC Water Line
and All Related Appurtenances.
Sealed proposals for the above referenced project will be received at the Town Hall, Town of
Westlake, 3 Village Circle, Suite 202, Westlake, Texas, 76262 until 3:00 p.m., Monday, June 14,
2010, (C.S.T.). Each bidder shall identify his sealed proposal by typing on the outside of the
envelope:
Town of Westlake
Stage Coach Hills Water Improvements
Attn: Jarrod Greenwood
3 Village Circle, Suite 202
Westlake, Texas 76262
The Town shall receive, publicly open, and read aloud the names of the bidders and the amounts
bid.
A pre-bid conference will be held at 3:00 p.m., on Tuesday, June 1, 2010 in the Public Works
Conference Room, at the Town of Westlake, 3 Village Circle, Suite 202, Westlake, Texas 76262.
All prospective bidders are required to have a representative from your firm attend this pre-bid
conference. Should you have any questions or comments pertaining to this project, contact either
Jeff Williams, P.E. or Jeff Winkler, P.E. at Graham Associates, Inc., the Town Engineers at
(817) 640-8535.
Plans and specifications will furnished at a cost of$20 per set to any general contractor desiring
to submit a bid for this project, and may be picked up in person at the Town Hall of Westlake,
Texas.
INSTRUCTIONS TO BIDDERS
1. SCOPE OF WORK
The scope of work for this project consists of furnishing all labor, materials, equipment,
and incidentals for the construction of Water Improvements located in the Stage Coach
Hills development of the Town of Westlake. The items of work include installation of
water line and related appurtenances.
2. PREPARATION AND SUBMISSION OF PROPOSAL
In the bid proposal, the bidder shall fill in the blanks for the "Unit Price" in words and
numerals and the "Total Amount."
The Proposal includes an alternate bid section for chip seal treatments of the roadways
specified for crack seal treatment.
See Section G2 - Proposal requirements and conditions.
3. INTERPRETATION OF QUOTED PRICES
In case of difference between the written words and any figure in a proposal, the amount
stated in writing will be considered as the bid. The contract method will be unit pricing
based on actual quantities of work installed.
4. DISCREPANCIES IN BIDS
In case of lack of clearness of a proposal, the owner will adopt the most advantageous
construction thereof or reject the bid.
5. UNBALANCED BIDS
Unreasonable or unbalanced unit prices will be cause for rejection of any bids.
6. INTERPRETATION OF SPECIFICATIONS
Any questions as to the meaning of any specifications will be answered by addendum
which will be sent to all who have been furnished with contract documents and plans.
7. LOCAL LABOR
The Contractor, in so far as is practicable, will be expected to give preference to
employment of local citizens.
8. MATERIALS FURNISHED BY CONTRACTOR
The Contractor shall furnish all materials, regardless of their nature except as noted in
the special provisions and/or plans.
9. MANUFACTURER'S CERTIFICATE
The Contractor shall furnish, if the owner so requests, a certificate from each of the
manufacturers whose materials are used on this project stating that the materials and
supplies fulfill or exceed the requirements set out in these specifications.
1-1
10. AFFIDAVIT OF BILLS PAID
Prior to final acceptance of this project by the owner, the contractor shall execute an
affidavit that all bills for labor, material, rental, subcontractor's work and any other
incidentals have been paid in full and there are no claims pending of which he has been
notified.
11. PLANS TO CONTRACTOR
The successful contractor will be furnished with three (3) sets of construction
documents. Should he desire more than three (3) sets, he may buy them for $20.00 per
complete set.
12. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE
Attention is called to the fact that a minimum scale of wages to be paid to employees
engaged in the work under this contract does not release the contractor from
compliance with any state wage law that may be applicable. The contractor shall abide
by the wage and hour laws of the state and must not pay less than the rates prescribed.
13. TIME ALLOWED FOR CONSTRUCTION
The contractor shall commence work in not more than 10 working days after the work
order has been issued and shall be complete within 90 working days of issuance of the
work order. Liquidated damages shall be charged in the amount of $500.00 per day for
not completing the work within the alloted time. The days charged shall begin at the
earlier of the date the contractor proceeds with construction or 10 working days after the
work order has been issued by the Town of Westlake. The Contractor may bid a shorter
time of completion which will be considered by the Town in evaluation of the bids. The
bid proposal has a place for the bidder to reflect the construction time.
14. SPECIAL INFORMATION - SALES TAX
The Owner qualifies as an tax-exempt agency as defined by the statutes of the State of
Texas. The Contractor shall comply with all statutes and rulings of the State
Comptroller. The Contractor may purchase materials for incorporation into this project
by issuing his supplier a tax exemption certificate. However, materials purchased, but
not incorpoarated into the project, such as form materials, equipment rental, etc., are
not exempt from sales taxes.
15. INSURANCE
The Contractor shall furnish and maintain during the life of the contract adequate
Worker's Compensation and Commercial General Liability (Public) Insurance in such
amounts as follows:
1-2
Type of Insurance Amount
1. Worker's Compensation As set forth in the Worker's
Compensation Act.
2. Commercial General Each Occurrence $500,000
Liability (Public) General Aggregate $1,000,000
Products Comp/OpsAgg. $1,000,000
The Town of Westlake shall be named as an additional insured on the Commercial
General Liability (Public) Insurance Policy furnished by the Contractor.
Each insurance policy shall contain a provision requiring that thirty (30) days prior to
expiration, cancellation, non-renewal or any material change in coverage, a notice
thereof shall be given by certified mail to the Town of Westlake, 3 Village Circle, Suite
202, Westlake, Texas 76262.
Companies issuing the insurance policies shall have no recourse against the Town for
payment of any premiums or assessments for any deductibles which are at the sole
responsibility and risk of the Contractor.
A Certificate of Insurance indicating that the insurance is in force shall be furnished to
the Town.
The coverages provided herein shall be primary and noncontributory with any other
insurance maintained by the Town of Westlake, Texas, for its benefit, including self
insurance.
In the event any insurance policy shown on the Certificate of Insurance has an
expiration date that is prior to the completion and final acceptance of the project by the
Town of Westlake, the Contractor shall furnish the Town proof of identical continued
coverage no later than thirty (30) days prior to the expiration date shown on the
Certificate of Insurance.
The Contractor shall not commence work on any Contract in the Town of Westlake until
the Contractor has obtained all the insurance required under this paragraph and such
insurance has been approved by the Town.
I-3
PROPOSAL
Date: JULY 1, 2010
To: The Honorable Mayor, Laura Wheat And Town Council
Town of Westlake
3 Village Circle, Suite 202
Westlake, Texas 76262
Gentlemen:
The pursuant to the foregoing notice to bidders, the undersigned bidder hereby proposes to do
all the work and furnish all necessary superintendence, labor, materials, and equipment to
complete all the work upon which he bids, as provided by the attached specifications and shown
on the plans and binds himself on acceptance of his proposal to execute a contract and bonds,
according to the accompanying forms, for performing and completing the said work within the
time stated, and maintaining same as required by the detailed specifications for the following
prices, to-wit:
BID ITEMS
Prices to be written in words.
Item Estimated
No. Quantity Item Description Unit Price Total Amount
Furnish materials, construct, and install complete in place
1. 20 L.F. 12" P.V.C., C 900, DR18 Water Line and
all related appurtenances, including
trench, embedment, backfill and
compaction, for the sum of
Thirty Dollars
and Ninety-one cents $ 30.91 $ 618.20
per Linear Foot.
2. 2,380 L.F. 8" P.V.C., C 900, DR18 Water Line and
all related appurtenances, including
trench, embedment, backfill and
compaction, for the sum of
Fifteen Dollars
and Thirty-eight cents $ 15.38 $ 36,604.40
per Linear Foot.
P-1
Item Estimated
No. Quantity Item Description Unit Price Total Amount
Furnish materials, construct, and install complete in place
3. 1,350 L.F. 6" P.V.C., C 900, DR 18 Water Line and
all related appurtenances, including
trench, embedment, backfill and
compaction, for the sum of
Ten __Dollars
and Seventeen cents $ 10.17 $ 13,729.50
per Linear Foot
4. 1 Ea. 20"x8" Tapping Sleeve and Valve,
for the sum of
Three-thousand Six-hundred Fifty-six Dollars
and Thirteen cents $ 3,656.13 $ 3,656.13
per Each
5. 1 Ea. 12" Gate Valve, for the sum of
One-thousand Nine-hundred Thirty-two Dollars
and Eighty-one cents $ 11932.81 $ 1,932.81
per Each
6. 11 Ea. 8" Gate Valve, for the sum of
One-thousand One-hundred Eighty-three Dollars
and Sixty cents $ 1,183.60 $ 13 019.60
per Each
7. 15 Ea. 6" Gate Valve, for the sum of
Eight-hundred Seventy-seven Dollars
and Forty-six cents $ 877.46 $ 13161.90
per Each
P-2
Item Estimated
No. Quantity Item Description Unit Price Total Amount
Furnish materials, construct, and install complete in place
8. 6 Ea. Fire Hydrant Assembly, including
riser pipe, for the sum of
Two-thousand Two-hundred Thirty-seven Dollars
and Two cents $ 2,237.02 $ 13,422.12
per Each
9. 1 Ea. Connect to Existing Fire Hydrant
Assembly, for the sum of
Six-hundred Ninety-seven Dollars
and Twenty-seven cents $ 697.27 $ 697.27
per Each
10. 2.8 Tn. Ductile Iron Fittings, for the sum of
Five-thousand Two-hundred EightV-seven Dollars
and Fifty-two cents $ 5,287.52 $ 14,805.06
per Ton
11. 2 Ea. Cut and Plug Existing Water Line,
for the sum of
Six-hundred Fifty Dollars
and Ninety-three cents $ 650.93 $ 1,301.86
per Each
12. 23 Ea. 1" Domestic HDPE SDR 9 —200 PSI
Water Service and Plastic Meter Box
Connected to Existing Meter and
residential service, for the sum of
Six-hundred Sixty Dollars
and NinetV-one cents $ 660.91 $ 15,200.93
per Each
P-3
Item Estimated
No. Quantity Item Description Unit Price Total Amount
Furnish materials, construct, and install complete in place
13. 165 S.Y. Asphalt Street Pavement Removal
and 4" HMAC Replacement, for the
sum of
Forty-two Dollars
and Sixty-nine cents $ 42.69 $ 7,043.85
per Square Yard
14. 265 S.Y. Driveway Removal and 4" HMAC
Replacement, for the sum of
Forty Dollars
and Thirty cents $ 40.30 $ 10,679.50
per Square Yard
15. 65 L.F. Bore and Steel Encase Water Line w/
12" Diam. Y4° Thick Casing, for the sum of
One-hundred Eighty-four Dollars
and Eight cents $ 184.08 $ 11,965.20
per Linear Foot
16. 215 L.F. Bore and Push Water Line Pipe
(no encasement), for the sum of
Fifty-six Dollars
and Sixty cents $ 56.60 $ 12,169.00
per Linear Foot
17. 2 Ea. 2" Blow off and Plastic Meter Box,
for the sum of
One-thousand Seven-hundred Sixty-one Dollars
and Ten cents $ 1,761.10 $ 3,522.20
per Each
P-4
Item Estimated
No. Quantity Item Description Unit Price Total Amount
Furnish materials, construct, and install complete in place
18. 1 L.S. 12" P.V.C., C 900, DR 18 Water Line
Lowering on Dove Road including all
labor, materials, trench safety, and all
related appurtenances, for the sum of
Nine-thousand One-hundred Twenty-five Dollars
and Ninety-eight cents $ 9,125.98 $ 9,125.98
per Lump Sum
19. 1 L.S. Traffic Control including an Engineered
Plan, for the sum of
Three-thousand Three-hundred Ninety-four Dollars
and Seventy-nine cents $ 3,394.79 $ 3,394.79
per Lump Sum
20. 1 L.S. Erosion Control and maintenance over
the life of the project until stabilization,
for the sum of
Five-thousand Sixty Dollars
and Seventy-five cents $ 5,060.75 $ 5,060.75
per Lump Sum
21. 1 L.S. Preparation and Implementation of a
Storm Water Pollution Prevention Plan,
including inspections, for the sum of
One-thousand Three-hundred Twenty-six Dollars
and Forty-nine cents $ 1,326.49 $ 1.326.49
per Lump Sum
P-5
Item Estimated
No. Quantity Item Description Unit Price Total Amount
Furnish materials, construct, and install complete in place
22. 25,000 S.F. Hydro-mulch Seeding of disturbed
areas, for the sum of
Zero Dollars
and Seven cents $ 0.07 $ 1,750.00
per Square Foot
23. 15,000 S.F. St. Augustine Sod in front yards,
for the sum of
Zero Dollars
and Forty-six cents $ 0.46 $ 6 900.00
per Square Foot
24. 15,000 S.F. Bermuda Sod in front yards, for the
sum of
Zero Dollars
and Thirty-one cents $ 0.31 $ 4,650.00
per Square Foot
25. 2 Wk. Truck Watering of Seeded and new Sod
areas to establish grass, for the sum of
Two-thousand Eight-hundred Fifty-six Dollars
and Twenty-two cents $ 2,856.22 $ 5,712.44
per Week
26. 3,750 L.F. All Testing per Town of Westlake
Requirements, for the sum of
Zero Dollars
and Ten cents $ 0.10 $ 375.00
per Linear Foot
P-6
Item Estimated
No. Quantity Item Description Unit Price Total Amount
Furnish materials, construct, and install complete in place
27. 3,470 L.F. Trench Safety System, for the sum of
Zero Dollars
and Twenty-four cents $ 0.24 $ 832.80
per Linear Foot
28. 1 L.S. Payment and Performance Bond,
for the sum of
Two-thousand Six-hundred Thirteen Dollars
and Thirty-eight cents $ 2,613.38 $ 2,613.38
per Lump Sum
29. 1 L.S. 2-year Maintenance Bond, for the
sum of
Two-thousand Six-hundred Thirteen Dollars
and Thirty-eight cents $ 2,613.38 $ 2,613.38
per Lump Sum
30. 2 Ea. Connect to existing 6-inch water line
by Cutting-in a Tee, for the sum of
One-thousand Four-hundred Nineteen Dollars
and Twenty-nine cents $ 1,419.29 $ 2,838.58
per Each
31. 6 Ea. Plastic Meter Box along Stage Coach
Circle for future water meter, for the sum of
Thirty-nine Dollars
and Twenty-three cents $ 39.23 $ 235.38
per Each
P-7
32. 1 Ea. 1-inch Air Release Valve and Manhole
Including all related Appurtenances per
the attached Town of Westlake detail,
for the sum of
Thirty-nine Dollars
and Twenty-three cents $ 2,75Z94 $ 2,752.94
per Each
TOTAL AMOUNT BID $ 223,711.44
The undersigned contractor agrees to commence work within ten (10) days after the date of
written notice to commence work, and to complete the work on which he has bid within 90
working days as provided in the General Conditions.
Enclosed with this proposal is a cashier's or certified check, or a Bid Bond for $
(5% of greatest amount bid), which it is agreed shall be collected and retained by the Owner as
liquidated damages in the event this proposal is accepted by the Owner within sixty (60) days
after the date advertised for the receipt of bids and the undersigned fails to execute the contract
and the required bonds with the Owner, under the conditions hereof, within fifteen (15) days
after the said proposal is accepted by the Owner and received by the undersigned; otherwise,
said check or bond shall be returned to the undersigned upon demand.
The undersigned hereby declares that he has visited the site and has carefully examined the
contract documents relative to the work covered by the above bid.
Respectfully Submitted,
Contr for
By: slr
Named Printed
Title:
Address: to5Vl
� -5oytI .7X
Phone: -7® 6 Pp a bo 5 9--
SEAL - IF BIDDER A CORPORATION
P-8
TWO YEAR/TWENTY PERCENT
WESTLAKE
MAINTENANCE BOND
STATE OF TEXAS Bond 41105126190
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS: That Rodgers Construction Company
ASPRINCIPAL,AND Travelers Casualty and Surety Company of America
(NAME OF SURETY)
a corporation organized under the laws of Connecticut
and
as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the
Town of Westlake
(NAME OF OWNER)
a municipal corporation,the sum of FORTY FOUR THOUSAND SEVEN HUNDRED FORTY TWO AND NO/100
(AMOUNT DETERMINED BY 20% OF TOTAL CONTRACT PRICE)
Dollars($ 44,742.00-----j for the payment of which sum will and truly to be made unto said
Town of Westlake
(NAME OF OWNER)
and its successors, said principal and sureties do hereby bind themselves their assigns, and successors
jointly and severally.
This obligation is conditioned,however,that,whereas said Rodgers Construction Company
(NAME OF CONTRACTOR)
has this day entered into a written contract with said Town of Westlake
(NAME OF OWNER)
to build and construct the Stage Coach Hills Water Improvements
(DESCRIPTION OF PROJECT AS IT APPEARS ON COVER OF CONTRACT DOCUMENTS)
which contract and the plans and specifications therein mentioned and adopted by the
Town of Westlake
are hereby expressly made a part thereof as though the same were written and embodied herein.
MBS-1
WHEREAS, under the specifications and contract, it is provided that the Contractor shall maintain and
keep in good repair the work constructed and/or equipment furnished by him as contemplated by the
plans, specifications, drawings, etc., and perform for a period of Two 2 year(s). The period shall be two
(2) years from the date of acceptance as shown on the "Certificate of Completion" as issued by the
Engineer, or the date of final payment by the Owner, whichever bears the later date, all necessary repairs,
reconstruction and renewal of any part of said construction, and to furnish the labor and materials to make
good and to repair any defective condition growing out of or on account of the breakage or failure of any
substance or the improper function of any part of the construction work. The Contractor shall reimburse
the Owner for the costs of all Engineering and special services required to be fumished by the Owner
which are directly attributable to the restoration of the constructed work. Said maintenance contemplates
the complete restoration of the constructed work to a functional use during the said period as set forth
above. It is being understood that the purpose of this section is to require the correction of all defective
conditions resulting from materials furnished or work and labor performed by the said Contractor under
the conditions prescribed by the plans and specifications; and in case the said Contractor shall fail or
refuse to perform as provided within ten (10) days after proper written notifications have been furnished
to him by the Owner, it is agreed that the Owner may do said work and supply such materials and the said
Contractor and Sureties herein shall be subject to the liquidated damages mentioned in said Contract for
each calendar day's failure on its part to comply with the terms of the said provision of said Contract of
this Maintenance Bond.
NOW THEREFORE, if the said Contractor shall keep and perform its said agreement to maintain said
work and keep the same in good repair for the said maintenance period as provided above, then these
presents shall be null and void and have no further effect, but if default shall be made by the said
Contractor in the performance of its contract to do so maintain and repair damages in the premises, as
provided, and it is further understood and agreed that this obligation shall be a continuing one against the
principal and sureties hereon, and that successive recoveries may be had hereon for successive breaches
until the amount shall have been exhausted; and it is further understood that the obligation herein to
maintain said work shall continue throughout said maintenance period, and the same shall not be changed,
diminished, or in any manner affected from any clause during said time.
IN WITNESS WHEREOF,the said Rodgers Construction Comnanv _.
(NAME OF CONTRACTOR)
has caused these presents to be executed by `f�zdQ 2X5 _
(NAME OF CONTRACTOR'S AUTHORIZED SIGNER)
and the said Travelers Casualty and Surety Company of America
(NAME OF SURETY)
has caused these presents to be executed by its Attorney-in-Fact
and the said Attorney-in-Fact
(ATTORNEY-IN-FACT OR OFFICIAL) (ATTORNEY-IN-FACT OR OFFICIAL)
has hereto set his hand this the day of 12010.
MBS-2
— SURETY PRINCIPAL
Trave rsasualty and_ S`urety Rodgers Construction Company
Co Ameri.c,� � �
B By:
u
Tra ; � i, Gi,ngras , Attorney-in-Fact
ATT99T: ATTEST:
By: By:
SURETY SECRETARY
NOTE: Date of Maintenance Bond must not be prior to date of contract.
Power of Attorney must be attached.
MBS-3
PERFORMANCE BOND
STATE OF TEXAS Bond #105126190
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS: That Rodgers Construction Company
of the City of Burleson , County of Tarrant and State of Tx , as principal,
and Travelers Casualty and Surety authorized under the laws of the State of Texas to
act as surety on bonds for principals, are held and firmly bound unto Town of Westlake (Owner),
in the penal sum of TWO HUNDRED TWENTY THREE THOUSAND SEVEN HUNDRED FiFVFN AND
44/100---------------------------------------------------------------------
Dollars ($ 223,711 .44-----j 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,
dated the day of , 2010, to
BUILD AND CONSTRUCT THE STAGE COACH HILLS WATER IMPROVEMENTS
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 perform said Contract and shall in all respects duly and faithfully
observe and perform all and singular the covenants, conditions and agreements in and by said
contract agreed and covenanted by the Principal to be observed and performed, and according to
the true intent and meaning of said Contract and the Plans and Specifications hereto annexed,
then this obligation shall be void; otherwise to remain in full force and effect;
"PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of
(Article 5160 for Public Work) (Article 5472d for Private Work)* of the Revised Civil Statutes
of Texas as anended and all liabilities on this bond shall be determined in accordance with the
provisions of said Article to the same extent as if it were copied at length herein."
Surety, for value received, stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the contract, or to the work performed thereunder, or the
plans, specifications, or drawings accompanying 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.
*Not applicable for federal work. See "The Miller Act," 40 U.S.C. S270.
PB-1
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this
instrument this day of 2010.
PRIM AL SU Y
Rodgers Cons ruc i n Company Tr Peds Casualty and Surety Company
rI
ofm� ` a
a i l�
By: Byu
/Tracy L Gingras
Title: Title: Attorney-in-Fact
Address: 12454 Rendon Road Address: 500 West 13th Street
Burleson, TX 76028 Fort Worth, TX 76102
The name and address of the Resident Agent of Surety is:
James R Reid, Higginbotham & Associates, Inc.
500 West 13th Street, Fort Worth, TX 76102
PB-2
PAYMENT BOND
Bond #105126190
STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS: ThatRodgers 'Construction Company
of the City of Burleson ' County of Tarrant , and State of Texas, as principal,
and Travelers Casualty and Surety authorized under the laws of the State of Texas to
act as surety on bonds for principals, are held and firmly bound unto Town of TVestlake (Owner),
in the penal sum of m v„r, p n T„Fnimv m uFF T n1i�n ,n cF iFn unmm�Fn ELEVEN ANP
44/100-----------------------------------------------------------------------
Dollars ($ 223,711.44-----)-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,
dated the day of , 2010, to
BUILD AND CONSTRUCT THE STAGE COACH HILLS WATER IMPROVEMENTS
which contract is hereby referred to and made a part hereof as fully and to the saine extent as if
copied at length herein.
NOW, THEREFORE, THE CONDYI'ION OF THIS OBLIGATION IS SUCH, that if the
said Principal shall pay all claimants supplying labor and material to him or a subcontractor in
the prosecution of the work provided for in said contract, then, this obligation shall be void;
otherwise to remain in full force and effect;
"PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of
Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond
shall be determined in accordance with the provisions of said Article to the same extent as if it
were copied at length herein."
Surety, for value received, stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the contract, or to the work performed thereunder, or the
plans, specifications, or drawings accompanying 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.
PAB-1
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this
instrument this day of 12010.
PRINCIPAL SiTRH Y
Rodgers Con.gtr Company .v2s1 rs Casual y d"'Surety Company
....�� fa f ,r i c a
-- 1
By: By: J
Tracy L ingras
Title: (Ye'C C;, f Title: Attorney-in-Fact
Address: 12454 Rendon Road Address: 500 West 13th Street _
Burleson, TX 76028 Fort Worth, TX. 76102
The name and address of the Resident Agent of Surety is:
James R Reid, Eigginbotham & Associates, Inc.
500 West 13th Street, Fort Worth, TX 76102
PAB-2
VVAMIAIINU. I ruJ rvvvrn ur H I I UHINL r IJ SIV VNuu M I MUU I I Mt ht,U rsu HULK
POWER OF ATTORNEY
TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
Attorney-In Fact No. 218944 Certificate No. 003294660
KNOW ALL MEN BY THESE PRESENTS:That St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance
Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and
Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty
Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under
the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin
(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint
Gary B. McElroy,Linda W.Sinku,Kyra Reed,and Tracy L.Gingras
of the City of_ Fnrt Wnrth ,State of Texas ,their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their.business ofguaranteeingthe fidelity of persons,guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permrtted-in any actions or proceedings allowed by law.
I
IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 14th
day of October 2009
Farmington Casualty Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
- St.Paul Guardian Insurance Company
pG,pI.yS L.I�A ..VY"' Iwmv.. $f�JP 6yr'g IO HN,�M$ij9\ JPt XSy Bptl AHO 9L El
MWAE)YY1 ."^^vuWtfn Z ��, OP41 ( yW `�}Qk197/ £ FARTFORD, 3 �WlSEAL%oCONN < CeIIN. jR�✓... N X17 AtNS'-
State of Connecticut By:
City of Hartford ss. Georg Thompson, enior ice President
On this the 14th day of October 2009 ,before me personally appeared George W.Thompson, who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,
Inc., St. Paul Fire and Marine Insurance Company, SL Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety
Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,
executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
p,TtT
_ In Witness Whereof,I hereunto set my hand and official seal. W w" 1. • ��RJ
My Commission expires the 30th day of June,2011. �j0{/BLA� * Marie C.Tetreault,Notary Public
58440-4-09 Printed in U.S.A.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
AGREEMENT
BETWEEN TOWN AND CONTRACTOR
THIS AGREEMENT is dated as of the '20�ay of -J x 46 in the year 2010, by and
between the Town of Westlake, Texas (hereinafter called OWNER) and
2& r ie"F ;t ) (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 the Contract
Documents. The Work is generally described as follows:
Stage Coach Hills Water Improvements
The Project for which the Work under the Contract Documents may be the whole or only
a part is generally described as follows:
Town of Westlake
Article 2. ENGINEER.
The Town Engineer who is hereinafter called ENGINEER and who is to act as
OWNER'S representative, assumes all duties and responsibilities and has the rights and
authority assigned to ENGINEER by the OWNER in connection with completion of the
Work in accordance with the Contract Documents.
Article 3. CONTRACT TIME.
3.1. CONTRACTOR agrees to commence work within ten (10) days after the date of
written notice to commence work, and to complete the work on which he has bid within
90 working days as provided in the General Conditions.
Article 4. CONTRACT PRICE.
4.1. OWNER shall pay CONTRACTOR for completion of the Work on a Unit Price
Work Basis in accordance with the Contract Documents in current funds based on the
measured quantities and the unit prices stated in the Proposal.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment on work completed during the
previous month on the first day of the month. CONTRACTOR shall present only one
Application for Payment each month. Applications for Payment will be processed by
ENGINEER and OWNER shall make payment to CONTRACTOR within thirty (30) days
of the date of the invoice.
A-1
Article 6. INTEREST.
All moneys not paid when due shall bear interest at the maximum rate allowed by law at
the place of the Project.
Article 7. CONTRACTOR'S REPRESENTIONS.
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the
following representations:
7.1. CONTRACTOR has familiarized itself 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 binds itself to use such materials and so construct the work that
it will remain in good repair and condition for and during the period of two (2) years from
the date of the repair and to maintain said work in good repair and condition for said
term of two (2) years. CONTRACTOR binds itself to repair or reconstruct the work in
whole or in part at any time within said period, if in the opinion of the ENGINEER, it be
necessary.
7.3. To the fullest extent permitted by laws and Regulations, CONTRACTOR shall
indemnify and hold harmless OWNER and ENGINEER and their consultants, agents
and employees from and against all claims, damages, losses and expenses, direct,
indirect or consequential (including but not limited to fees and charges of engineers,
architects, attorneys and other professionals and court and arbitration costs) arising out
of or resulting from the performance of Work, provided that any such claim, damage,
loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury
to or destruction of tangible property (other than the Work itself) including the loss of use
resulting there from and (b) is caused in whole or in part by any negligent act or
omission of CONTRACTOR, and Subcontractor, any person or organization directly or
indirectly employed by any of them to perform or furnish any of the Work or anyone for
whose acts any of them may be liable, regardless of whether or not it is caused in part
by a party indemnified hereunder or arises by or is imposed by Laws and Regulations
regardless of the negligence of any such party.
7.4. In any and all claims against OWNER or ENGINEER or any of their consultants,
agents or employees by any employee of CONTRACTOR, any Subcontractor, any
person or organization directly or indirectly employed by any of them to perform or
furnish any of the Work or anyone for whose acts any of them may be liable, the
indemnification obligation under paragraph 7.3 shall not be limited in any way by any
limitation on the amount or type of damages, compensation or benefits payable by or for
CONTRACTOR or any such Subcontractor or other person or organization under
workers' or workmen's compensation acts, disability benefit acts or other employee
benefit acts.
Article 8. Contract Documents
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following:
A-2
8.1 Project Location Map consisting of one (1) page;
8.2 Notice to Bidders consisting of one (1) page;
8.3 Instructions to Bidders consisting of three (3) pages;
8.4 Proposal consisting of eight (8) pages;
8.5 Maintenance, Performance and Payment Bonds consisting of seven (7) pages,
8.6 This Agreement consisting of four (4) pages;
8.7 Certificate of Insurance and Indemnification consisting of two (2) pages;
8.8 General Conditions consisting of twenty-nine (29) pages,
8.9 Specifications and Special Conditions consisting of twenty-two (22) pages;
8.10 Construction Plans consisting of fourteen (14) sheets as prepared by Graham
Associates, Inc.
8.11 Addenda Nos. _.
There are no Contract Documents other than those listed above in this Article 8.
Article 9. TERMINATION.
OWNER may terminate contract if CONTRACTOR persistently fails to perform the work
in accordance with the Contract Documents including, but not limited to, failure to supply
sufficient skilled workers, or suitable materials or equipment, or otherwise violates in any
substantial way any provisions of the Contract Documents. OWNER may, after giving
CONTRACTOR seven (7) days written notice and to the extent permitted by Laws and
Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from
the site and take possession of the Work.
Article 10. MISCELLANEOUS.
10.1. 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.
10.2. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns
and legal representatives 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.
A-3
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed five (5) copies of
the Agreement. Two counterparts each have been delivered to OWNER and
CONTRACTOR, and one counterpart has been delivered to ENGINEER. All portions of
the Contract Documents have been signed or identified by OWNER and CONTRACTOR
or by ENGINEER on their behalf.
t
This agreement will be effective on the 2 Crh day oft 2010.
OWNER: CONTRACTOR:
Town of Wes ake, Texas
By: By:
at, M or
ATTEST: ATTEST:
Kelly ward own Secretary
Address for giving notices: Address for giving notices:
3 Village Circle, Suite 202 �0� /757 ��
Westlake, Texas 76262 UL (7Y2 , 7X 7C1 D W
(If OWNER is a public body, attach List name of person to whose attention
resolution authorizing execution of notices are to be sent:
Agreement. ) /
,gpW N ®F y` !
(If CONTRACTOR is a Corporation,
attach evidence of authority to sign.)
A-4
PKUUUCEK ]HIS GLK I IHGAI EIS ISSUEU AS A MAI ILK UI- INtUKMA I IUN UNLY ANU 1-UNFEKS NU
ADDITIONAL RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT
AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
INSURED COMPANIES AFFORDING COVERAGE
COMPANY
A
COMPANY
B
COMPANY
C
COMPANY
D
COVE32AGE6 � i
THIS IS TO CERTIFY TO THE TOWN ENGINEER�THAT THE FOLLOWING POLICIES OF INSURANCE SUBJECT TO THEIR TERMS,CONDITIONS AND EXCLUSIONS,HAVE BEEN ISSUED BY
THE COMPANIES COVERING THE INSURED NAMED BELOW FOR THE TYPES OF OPERATIONS AND AT THE LOCATIONS DESCRIBED HEREIN. IT IS UNDERSTOOD AND AGREED THAT
NONE OF THE POLICES REFERENCED HEREIN WILL BE CANCELED,CHANGED,REDUCED IN COVERAGE,OR ALLOWED TO EXPIRED WITHOUT AT LEAST THIRTY(30)DAYS ADVANCE
WRITTEN NOTICE BY CERTIFIED MAIL TO THE TOWN ENGINEER AT THE ADDRESS LISTED UNDER CERTIFICATE HOLDER BELOW_
TYPE OF LIABILITY POLICY NUMBER EFFECTIVE EXPIRATION LIMITS
DATE DATE
GENERAL LIABILITY GENERAL AGGREGATE S
COMM GEN LIABILITY PRODUCTS-0OMP/OP AGS $
CLAIMS MADE D PERSONAL 8 ADV INJURY b
EACH OCCURRENCE $
FIRE DAMAGE(any one fire) S
CITY ADDITIONAL INSURED MED EXP(any one person) $
AUTOMOBILE UABWTY COMBINED SINGLE LIMIT S
ANY AUTO BODILY INJURY(per person) $
ALL OWNED AUTDS BODILY INJURY(per mOdent) $
SCHEDULED AUTOS PROPERTY DAMAGE $
HIRED AUTOS
NON-DWNED AUTOS
CITY ADDITIONAL INSURED
GARAGE LIABILITY AUTO ONLYEAACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY. It
CITY ADDITIONAL INSURED EACH ACCIDENT Is
AGGREGATE S
EXCESS LIABILITY EACH OCCURRENCE $
UMBRELLA FORM AGGREGATE S
OTHER THAN UMBR
CITYADDRIONAL INSURED
WORKERSCOMPENSATION STATUTORY LIMITS
EMPLOYER LIABILITY
PROPRIUDIVPARTNERS/ EACH ACCIDENT
INCLUDED
EXECUTIVE OFFICER ARE: DISEASE-POLICY LIMIT $
INCL EXCL DISEASE-EACH EMPLOYEE S
All Risk Builders Risk
CITY NAMED INSURED
OTHER
ENDORSEMENTS:.APLEASE CHECK MARK WHICH ENDORSEMENTS';HAVE BEEN ATTACHED TO THESE POLICIES).,`r'
Premi-,0derelima Pm6mdMcompl.Opealions CG 25D3'Amended Aggregate Lima of lnsmanm per Project' IMepentlenl Contratlm
Blank CoNMob Hall Owrrer/Conlndof/Prolegive Coffee, wC011apae8 Undergmuntl Damage(%CU) ocLURRENCEPDLICY
Cesar d Bodily m., Broad FDrm PD Personal Injury, 'Ila employmntextlms
eon deleted ADDITIONAL MSURED
--::CERTIFICATE}iDIDER ,�, - "' "��CANGELtAT10N r - - '
THE TOWN OF WESTLAKE has been named an additional insured by an endorsement to the Should any of the above described policies be canceled
coverages, other than Workers' Compensation and Employers' Liability, listed herein with before the expiration date thereof,the issuing company will
regard to the Insured's activities under this project and all premiums arising from the mail at least thirty (30) days advance written notice to the
coverages herein shall be the responsibility of the Insured. certificate holder by certified mail.
"1'r �....?:v` *^i*i a m".'GONSAACT19AL31ABIL3iY „v -•• r -• t AlcNATrfRE
Subject to policy lanes,condNons and extlusions,armor,Contractual Liability coverage is pddId.d as follows: Authorized Representative
❑ Only for liablty assumed by me Insured under its Contrail with the Tovm of Westlake for the operations described
herein.
❑ All Contracts between the Insured and the Than of Wesbake
ACIMOWLECGEMEM1T
On this day of 20_ personally appeared an authorized representative of
(name of producer)known to me to he the person whose name Is subscribed to the foregoing instrument and
acknowledged to me that he/she executed the same for the purpose of proving that the Insured is covered by the policies of insurance indicts ed above.
[SEAL]
Notary Public in and for the Stale rA My Commission Expires
Note: Similar form maybe used.
SI-1
INDEMNIFICATION BY CONTRACTOR
Town shall not be liable or responsible for, and shall be saved and held harmless by Contractor
from and against any and all suits, actions, losses, damages, claims, or liability of any character,
type, or description, including all expenses of litigation, court costs, and attorney's fees for injury
or death to any person, or injury to any property, received or sustained by any person or
persons or property, arising out of, or occasioned by, directly or indirectly, the performance of
Contractor under this agreement, including claims and damages arising in part from the
negligence of Town, without; however, waiving any governmental immunity available to the
Town under Texas law and without waiving any defenses of the parties under Texas law. The
provisions of this indemnification are solely for the benefit of the parties hereto and not intended
to create or grant any rights, contractual or otherwise, to any other person or entity.
It is the expressed intent of the parties to this Agreement that the indemnity provided for in this
section is an indemnity extended by Contractor to indemnify and protect Town from the
consequences of Town's own negligence, provided, however, that the indemnity provided for in
this section shall apply only when the negligent act of Town is a contributory cause of the
resultant injury, death, or damage, and shall have no application when the negligent act of Town
is the sole cause of the resultant injury, death, or damage, unmixed with the legal fault of
another person or entity.
Contractor further agrees to defend, at its own expense, and on behalf of Town and in the name
of Town, any claim or litigation brought in connection with any such injury, death, or damage.
The Contractor will secure and maintain Contractual Liability insurance to cover this
indemnification agreement that will be primary and noncontributory as to any insurance
maintained by the Town for its own benefit, including self-insurance. In addition, Contractor
shall obtain and file with Town a Town of Westlake Certificate of Insurance evidencing the
required coverage. ( p
t� es'S S I CG7161
Com any N e ntractor) 1
Signature
Name (Please Pri
4�csiagpu-
Title
IC-1
TABLE OF CONTENTS
Part G - General Conditions
G.1. - Definitions of Terms and Abbreviations
G.1.1. Definition of Terms
G.2.1. Abbreviations
G.2. - Proposal Requirements and Conditions
G.2.1. Proposal Form
G.2.2. Quantities in Proposal Form
G.2.3. Examination of Plans, Specifications and Site of the Work
G.2.4. Preparation of Proposal
G.2.5. Proposal Guaranty
G.2.6. Filing Proposals
G.2.7. Withdrawing Proposals
G.2.8. Opening Proposals
G.2.9. Irregular Proposals
G.2.10. Rejection of Proposals
G.2.11. Disqualification of Bidders
G.3. -Award and Execution of Contract
G.3.1. Consideration of Contract
G.3.2. Award of Contract
G.3.3. Return of Proposal Guaranty
G.3.4. Surety Bonds
(A) Construction Bond or Performance Bond
(B) Payment Bond
(C) Maintenance Bond
(D) Other Bonds
Sureties
G.3.5. Execution of Contract
G.3.6. Failure to Execute Contract
G.4. - Scope of Work
G.4.1. Intent of Plans and Specifications
G.4.1.1. "or Equal" Clause
G.4.2. Special Provisions
G.4.3. Increased or Decreased Quantities
G.4.4. Alteration of Plans and Specifications
G.4.5. Extra Work
G.4.6. Final Clean-Up
TC-1
G.S. - Control of the Work and Materials
G.5.1. Engineer's Authority and Duty
G.5.2. Superintendence and Inspection
G.5.3. Contractor's Duty and Superintendence
G.5.4. Contractor's Understanding
G.5.5. Character of Workmen
G.5.6. Contractor's Building
G.5.7. Sanitation
G.5.8. Shop Drawings
G.5.9. Preliminary Approval
G.5.10. Defects and Their Remedies
G.5.11. Changes and Alterations
G.5.12. Conformity with Plans
G.5.13. Existing Structures
G.5.14. Coordination of Plans, Specifications, Proposals and Special Provisions
G.5.15. Source and Supply of Materials
G.5.16. Samples and Tests of Material
G.5.17. Storage of Materials
G.5.18. Inspection
G.5.19. Removal of Defective and Unauthorized Work
G.5.20. Final Inspection
G.6. - Legal Relations and Public Responsibility
G.6.05. Arbitration
G.6.1. Law and Ordinances
G.6.2. Permits and Licenses
G.6.3. Protection Against Royalties or Patented Invention
G.6.4. Public Convenience and Safety
G.6.5. Privileges of Contractor in Streets, Alleys and Right-of-Way
G.6.6. Railway Crossings
G.6.7. Barricades, Lights and Watchman
G.6.8. Use of Explosives
G.6.9. Protection and Restoration of Property
G.6.10. Responsibility of Damage Claims
G.6.11. Contractor's Claim for Damages
G.6.12. Public Utilities and Other Property to be Changed
G.6.13. Temporary Sewer and Drain Connections
G.6.14. Arrangement and Charge for Water Furnished by the City
G.6.15. Use of Fire Hydrants
G.6.16. Use of a Section or Portion of the Work
G.6.17. Contractor's Responsibility for the Work
G.6.18. Contractor's Insurance
G.6.19. Workers' Compensation Insurance Coverage
TC-2
G.7. - Prosecution and Progress
G.7.1. Assignment and Subletting
G.7.2. Prosecution of the Work
G.7.3. Limitation of Operations
G.7.4. Time and Order of Completion
G.7.5. Extension of Time
G.7.6. Hindrances and Delays
G.7.7. Incentive and Failure to Complete on Time
G.7.8. Suspension by Court Order
G.7.9. Temporary Suspensions
G.7.10. Abandonment by Contractor
G.7.11. Termination of Contract
G.B. - Measurements and Payments
G.8.1. Quantities and Measurements
G.8.2. Estimated Quantities
G.8.3. Partial Payment
G.8.4. Final Completion and Acceptance
G.8.5. Final Payment
G.8.6. Payments Withheld
G.8.7. Delayed Payments
G.8.8. Time Filing Claims
TC-3
Part G - General Conditions
Section G.I. - Definition of Terms and Abbreviations
G.1.1. Definition of Terms: Wherever the words, forms or phrases defined herein or
pronouns used in their place occur in these specifications, in the contract, in the bonds, in the
advertisement, or any other document or instrument herein contemplated, or to which these
specifications apply or may apply, the intent and meaning shall be interpreted as follows:
Advertisement: All of the legal publications pertaining to the work contemplated under the
contract.
Bidder: Any person, persons, partnership, company, firm associations, or corporation acting
directly or through a duly authorized representative submitting a proposal for the work
contemplated.
Town: The Town of Westlake, Texas, a Municipal Corporation, acting by and through (a) its
governing body, (b) its Mayor, or (c) its Town Manager, each of whom is required by charter to
perform specific duties.
Town Attorney: The Town Attorney of the Town of Westlake, Texas, or his duly authorized
assistants or agents.
Town Council: The Town Council of the Town of Westlake, Texas.
Town Manager: The Town Manager of the Town of Westlake, Texas.
Town Secretary: The Town Secretary of the Town of Westlake, Texas or his duly Authorized
assistants or agents.
Contract: The contract shall consist of the Notice to Bidders (advertisement), Special
Provisions, (Instructions to Bidders), Proposal, Signed Agreement, Performance and Payment
Bonds, Maintenance Bond, General Provisions and Requirements, Construction Specifications,
Construction Plans and all modifications thereof incorporated in any of the documents before
the execution of the Agreement.
The Contract Documents are complementary, and what is called for shall be as binding as if
called for by all. In case of conflict between any of the Contract Documents, priority of
interpretation shall be in the following order:
Signed Agreement, Performance Bond, Payment Bond, Maintenance Bond, Special
Bond (if any), Proposal, Special Provisions, Notice to Contractor, Construction
Specifications, Construction Plans, and General Provisions and Requirements.
Contractor: The person, persons, partnership, company, firm association or corporation
entering into contract for the execution of work acting directly or through a duly authorized
representative.
Town Engineer: The Town Engineer of the Town of Westlake, Texas, or his duly authorized
assistants or agents.
G-1
Engineer: The word "Engineer" shall be understood as referring to the Town Engineer.
Extra Work: The term extra work as used in this contract shall be understood to mean and
include all work that may be required by the Engineer or Town to be done by the Contractor to
accomplish any changes, alterations, addition of the work shown on the plans, or reasonably
implied by the specifications, and not covered by the Contractor's proposal, except as provided
under "Changes and Alterations," herein.
Maintenance Bond: The approved form of security furnished by the Contractor and its surety as
a guarantee of good faith on the part of the Contractor to correct any discrepancy which may
arise as a result due to faulty maintenance or workmanship for a period of two (2) years from
final acceptance of the work as provided herein.
Mayor: The Mayor of the Town of Westlake.
Payment Bond: The approved form of security furnished by the Contractor and his surety as a
guarantee for the protection of all claimants supplying labor and material in the prosecution of
the work provided in the contract.
Performance Bond: The approved form of security furnished by the Contractor and his surety
as a guarantee of good faith on the part of the Contractor to execute the work in accordance
with the plans, specifications and terms of the contract.
Plan or Plans: All the drawings pertaining to the contract and made a part thereof, including
such supplementary drawings or addenda as the Engineer may issue in order to clarify other
drawings, or for the purpose of showing changes in the work hereinafter authorized, or for
showing details not shown thereon.
Proposal: The written statement or statements duly filed with the Town Secretary of the
person, persons, partnership, company, firm association or corporation proposing to do the
work contemplated, including all approved forms on which the formal bids for the work are to be
prepared.
Special Provisions: The special clauses setting forth conditions or requirements peculiar to the
specific project involved, supplementing the Standard Specifications, and taking precedence
over any conditions or requirements of the Standard Specifications with which they are in
conflict.
Specifications:
1) Town of Westlake — Engineering Standards, latest edition and applicable
Ordinances
2) North Central Texas Council of Governments — latest edition of Standard
Specifications for Public Works Construction
3) The Directions, Provisions, and Requirements as set forth in the Texas Department
of Transportation, 1993 Standards for Construction of Highways, Streets, and
Bridges, together with the Special Provisions supplemental hereto, pertaining to the
method and manner of performing the work or to the qualities or quantities of the
materials to be furnished under the contract.
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Subcontractor: The term subcontractor, as employed herein, includes only those having a
direct contract with the Contractor, and it includes one who furnished material worked to a
special design according to the plans or specifications of this work, but does not include one
who merely furnished material not so worked.
Substantially Completed: By the term "Substantially Completed" is meant the structure has
been made suitable for use or occupancy or the facility is in condition to service its intended
purpose, but still may require minor miscellaneous work and adjustment.
Sureties: The corporate bodies which are bound by such bonds as are required with and for
the Contractor. Said sureties engage to be responsible for the entire and satisfactory fulfillment
of the contract, and for any and all requirements as set out in the specifications, contract or
plans.
Working Day: A working day is defined as any day, not including Saturdays, or Sundays, or
any legal holidays, in which weather or other conditions not under the control of the Contractor
will permit construction of any sort of the principal unit of the work for the continuous period of
not less than seven (7) hours between 7:00 a.m. and 6:00 p.m.
Working Hours: Work shall be done only during the regular and commonly accepted and
described working hours between 7:00 a.m. and 6:00 p.m. No work shall be done nights,
Saturdays, Sundays, or any regular holidays unless special permission is given by the Engineer
or as may be approved by the proper administrative Town representative. No work stall be
done during the hours of 7:00 am — 8:30 am or after 2:30 pm on days when school is in
session.
Written Notice: Written Notice shall be deemed to have been duly served if delivered in person
to the individual or to a member of the firm or to an officer of the corporation for whom it is
intended, or if delivered at or sent by registered mail to the last business address known to him
who gives the notice.
The Work: Unless otherwise stipulated, the Contractor shall provide and pay for all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, lights,
power, fuel, transportation, and other facilities necessary for the execution and completion of
the work covered by the contract documents. Unless otherwise specified, all materials shall be
of good quality. The Contractor shall, if required, furnish satisfactory evidence as to the quality
of materials. Materials or work described in words which so applied have a well known
technical or trace meaning shall be held to refer to such recognized standards.
G.1.2. Abbreviations: Wherever the abbreviations defined herein occur in the plans, in the
specifications, contract, bonds, advertisement, proposal, or in any other document or
instrument herein contemplated or to which the specifications apply or may apply the intent and
meaning shall be as follows:
A.A.S.H.T.O. American Association Lb. Pound
of State Highway and L.S.G.Co. Lone Star Gas Co.
Transportation Officials M.H. Manhole
A.S.T.M. American Society for Max. Maximum
Testing Materials Min. Minimum
Asph. Asphalt Mono. Monolithic
Ave. Avenue No. Number
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Blvd. Boulevard % Percent
C.1, Cast Iron P.S.I. Pounds per Square Inch
C.L. Centerline R. Radius
C.O. Cleanout Reinf. Reinforced
Conc. Concrete Rem. Remove
Cond. Conduit Rep. Replace
Corr. Corrugated RAN or R of W Right-of-Way
Cu. Cubic Sani. Sanitary
Culv. Culvert S.W.B.T. Southwestern Bell Telephone
Dia. Diameter Company
Dr. Drive or Driveway Sq. Square
Elev. Elevation Std. Standard
F. Fahrenheit St. Street or Storm
Ft. or ' Feet or Foot Str. Strength
Ga. Gallon TXU Texas Utilities
H,S. Horseshoe Vol. Volume
In. or Inch or Inches W.U.T. Co. Western Union Telegraph
Lin. Linear Company
Yd. Yard
Section G.2. - Proposal Requirements and Conditions
G.2.1. Proposal Form: The Town will furnish bidders with Proposal Forms, which will state
the general location and description of the contemplated work, and which will contain an
itemized list of the items of work to be done or materials to be furnished, and for which bid
prices are asked. The Proposal Form will provide for entering the amount of Proposal
Guarantee, and information about the ability, skill and business standing of the bidder.
G.2.2. Quantities in Proposal Form: The quantities of the work and materials set forth in
the proposal form on the plans approximately represent the work to be performed and materials
to be furnished, and are for the purpose of comparing bids on a uniform basis. Payment will be
made by the Town to the Contractor only for actual quantities of work performed or materials
furnished in accordance with the plans and specifications, and it is understood that quantities
may be increased or decreased as herein after provided, without in any way invalidating the bid
prices.
G.2.3. Examination of Plans Specifications and Site of the Work: Bidders are advised that
the plans, specifications and other documents on file with the Town Engineer and available at
Town Hall shall constitute all of the information which the Town will furnish. Prospective bidders
shall make careful examination of the site of the project, disposal sites for surplus materials not
designated to be salvaged materials, the availability of ingress and egress to private properties,
and methods of handling traffic during the construction of the entire project.
Bidders are required, prior to submitting any proposal, to read the specifications, proposal,
contract, and bond forms carefully, to visit the site of the work, to examine carefully local
conditions, to inform themselves by their independent research, test and investigations of the
difficulties to be encountered and determine for themselves and accessibility of the work and all
attending circumstances affecting the cost of doing the work or the time required for its
completion, and to obtain all information required to make an informed proposal. No
information given by the Town or any officials thereof, other than that shown on the plans and
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contained in the specifications, proposal, and other documents, shall be binding upon the Town.
Bidders shall rely on their own estimates, investigations, tests, and other data which are
necessary for full complete information upon which the proposal may be based. If it is mutually
agreed that submission of a proposal is evidence that the bidder has made the examinations,
investigations and tests required herein, and that if he is the low bidder he will enter into the
usual contract with the Town of Westlake.
G.2.4. Preparation of Proposal: The bidder shall submit his proposal on the forms
furnished by the Town. The bidder shall state the prices, written in ink both in words and
numerals, for which he proposes to do the work contemplated. Such prices shall be distinctly
legible. In case of discrepancy between prices written in words and the price written in figures,
the price written in words shall govern. If the proposal is submitted by an individual, his name
must be signed by him or a duly authorized agent. If the proposal is submitted by a firm,
association, or partnership, the name and address of each member must be given. If the
proposal is submitted by a company or a corporation, the company or corporate name and
business address must be given and the proposal signed by an official or duly authorized agent.
Powers of Attorney authorizing agents or others to sign proposals must be properly certified
and must be in writing and submitted with the proposal.
G.2.5. Proposal Guaranty: No proposal will be considered unless it is accompanied by a
cashier's check on any state or national bank in Tarrant County, Texas or acceptable bidder's
bond, payable unconditionally to the Town of Westlake, Texas. The cashier's check or bidder's
bond shall be in the amount of not less than five percent (5%) of the total amount of the bid.
The Proposal Guaranty is required by the Town as evidence good faith and as guaranty, that if
awarded the contract, the bidder will execute the contract and furnish the required bonds within
ten (10) days after receipt of acceptance.
Said bonds shall further guarantee that if the proposal is withdrawn after the bids have been
opened or if the Contractor refuses to execute the contract in accordance with his proposal, the
Contractor and the surety will become liable to the Town of Westlake for damages incurred. If
a bidder's bond is used, the surety thereon shall designate an agent resident in Tarrant County,
Texas, to whom requisites notice may be delivered and upon whom service of process may be
held.
Bidder warrants that the bid it submits has been checked for mathematical correctness and
same is correct. Bidder agrees that should it desire to withdraw its bid after bid opening
because of a mathematical mistake that the Town of Westlake may retain the bid security as
liquidated damages and not as penalty and the bidder hereby waives any legal defense
available to the bidder for such mistake. (i.e. unilateral mistake).
If a bidder's bond is used, an acceptable surety shall be determined from the latest United
States Treasury Department list of companies holding certificates of authority and acceptable
sureties on Federal Bonds.
G.2.6. Filing Proposals: No proposal will be considered unless it is filed with the office of
the Town Public Works Director in the Town Hall, Westlake, Texas, within the time limit for
receiving proposals as stated in the Notice to Bidders advertisement and Instructions to
Bidders. Each proposal shall be in a sealed envelope, plainly marked with the work "Proposal"
and the name or description of the project as designated in the advertisement. In the event of
addendum(s), the Bidder shall mark the sealed envelope showing that the addendum has been
received.
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G.2.7. Withdrawing Proposals: Proposals filed with the Town cannot be withdrawn or
modified prior to the time set for opening proposals. Requests for nonconsideration of
proposals must be made in writing addressed to the Town Council and filed with the Town
Public Works Director prior to the time set for opening proposals. After other proposals are
opened and publicly read, the proposal for which withdrawal is properly requested may be
returned unopened.
G.2.8. Opening Proposals: The proposals filed with the Office of the Town Public Works
Director will be opened at the time stated in the Notice to Bidders advertisement and publicly
read aloud, and shall thereafter remain on file in the Town Hall.
G.2.9. Irregular Proposals: Proposals will be considered irregular if they show any
omissions, alterations of form, additions, or conditions not called for, unauthorized alternate
bids or irregularities of any kind. However, the Town reserves the right to waive any
irregularities and to make the award in the best interests of the Town.
G.2.10. Rejection of Proposals: The Town reserves the right to reject any or all proposals,
and all proposals submitted are subject to this reservation. Proposals may be rejected for any
of the following specific reasons:
(a) Proposals received after the time limit for receiving proposals as stated in the
advertisement.
(b) Proposals containing any irregularities
(c) Unbalanced value of any items
G.2.11. Disqualification of Bidders: Bidders may be disqualified and their proposals not
considered for any of the following specific reasons:
(a) Reason for believing collusion exists among the bidders.
(b) Reasonable grounds for believing that any bidder is interested in more than
one proposal for the work contemplated.
(c) The bidder interested in litigation against the Town.
(d) The bidder being in arrears on any existing contract or having defaulted on a
previous contract.
(e) Lack of competency as revealed by the Financial statement, experience and
equipment, questionnaires, etc.
(f) Uncompleted work which in the judgment of the Town will prevent or hinder the
prompt completion of additional work if awarded.
Section G.3. -Award and Execution of Contract
G.3.1. Consideration of Contract: After proposals are opened, the proposals will be
tabulated for comparison on the basis of the bid price, quantities and time shown in the
proposal. Until final award of the contract, the Town reserves the right to reject any or all
proposals, to waive technicalities and to readvertise for new proposals or proceed to do
otherwise in the best interests of the Town.
G.3.2. Award of Contract: The Town reserves the right to withhold the award of the
contract for a reasonable period of time from the date of opening proposals and no award will
be made until after investigations are made as to the responsibilities of the low bidder.
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G.3.3. Return of Proposal Guaranty: As soon as proposal prices have been tabulated for
comparison of bids, the Town may, at its discretion, return the proposal guaranties
accompanying the proposal which, in its judgment, would not be considered in the award; all
other proposal guaranties will be retained by the Town until required contract and bonds have
been executed, after which they will be returned. No proposal guaranties will be returned until
at least two (2) days shall have elapsed from time of opening proposals.
G.3.4. Surety Bonds: With the execution and delivery of the contract, the Contractor shall
furnish and file with the Town in the amount herein required, the following Surety Bonds:
(A) Construction Bond or Performance Bond: A good and sufficient Construction Bond
in the amount equal to one hundred percent of the approximate total amount of the
contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the full
and faithful execution of the work in accordance with the plans and specifications.
This Construction Bond shall guarantee the repair and maintenance of all defects
due to faulty materials and workmanship for a period of one year from date of
completion and acceptance of the improvement by the Town.
(B) Payment Bond: A good and sufficient bond in an amount equal to 100 percent of
the approximate total amount of the contract, as evidenced by the proposal
tabulation, or otherwise guaranteeing the full and proper protection of all claimants
supplying labor and materials in the prosecution of the work provided for in said
contract and for the use of each claimant.
(C) Maintenance Bond: A Maintenance Bond in the amount equal to 20 percent of the
total contract price for the project installation shall be furnished by the Contractor for
work performed in accordance with the Town of Westlake subdivision ordinance.
The Maintenance Bond shall be for a period of one (1) year from and after the date
of completion and final acceptance of the entire project by the Town of Westlake,
Texas. The Contractor shall maintain and keep in good repair the work
contemplated under these plans, specifications, drawings, etc., and perform for a
period as set forth in the Maintenance Bond, from the date of acceptance, all
necessary repairs, reconstruction and renewal of any part of said construction, and
to finish the labor and materials to make good and to repair any defective condition
growing out of or on account of the breakage or failure of any substance of improper
function of same. Said maintenance contemplates the complete restoration to a
functional use of any work required by faulty material during the said period as set
forth in the Maintenance Bond.
(D) Other Bonds: Other bonds, if required in the Special Provisions.
Sureties: No sureties will be accepted by the Town who are now in default or delinquent on
any bonds or who are interested in any litigation against the Town. All bonds shall be made on
one corporate surety authorized to do business in the State of Texas and acceptable to the
Town. An acceptable surety to the Town of Westlake shall be determined as any surety listed
as follows on the latest United States Treasury Department list of companies holding
certificates of authority as acceptable sureties on Federal Bonds. Each bond shall be executed
by the Contractor and the surety.
Should any surety on the contract be determined unsatisfactory at any time by the Town, notice
will be given to the Contractor to that effect, and the Contractor shall immediately provide a new
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surety satisfactory to the Town. No payment will be made under the contract until the new
surety or sureties, as required, have qualified and been accepted by the Town. The contract
shall not be operative nor will any payments be due or paid until approval of the bonds have
been made by the Town.
G.3.5. Execution of Contract: The person or persons, partnership, company, firm
association or corporation to whom a contract is awarded shall within fifteen (15) working days
after the date of being informed (via facsimile or telephone) or the date of receipt of the contract
forms (which ever occurs first) for this project shall sign the contract and return same to the
Town for execution. No contract shall be binding on the Town until it has been attested by the
Town Secretary and executed for the Town by the Town Manager and delivered to the
Contractor.
G.3.6. Failure to Execute Contract: The failure of the bidder to execute the required bonds
or to sign the required contract within fifteen (15) working days after the date of being informed
(via facsimile or telephone) or the date of receipt of the contract forms (which ever occurs first)
for this project shall be considered by the Town as an abandonment of his proposal and the
Town may annul the award. By reason of the uncertainty of the market prices of materials and
labor, and it being impracticable and difficult to determine accurately the amount of damages
accruing to the Town by reason of said bidder's failure to execute said bonds and contract
within fifteen (15) working days, the Proposal Guaranty accompanying the proposal shall be the
agreed amount of damages which the Town will suffer by reason of failure on the part of the
bidder, and shall thereupon immediately be forfeited to the Town. The filing of a proposal will
be considered as an acceptance of this provision.
Section G.4. - Scope of Work
G.4.1. Intent of Plans and Specifications: The intent of the plans and specifications is to
prescribe a complete work or improvement which the Contractor undertakes to do in full
compliance with the plans, specifications, Special Provisions, proposal and contract. The
Contractor shall do all work as provided in the plans, specifications, Special Provisions,
proposal, and contract, and shall do such additional extra work as may be considered
necessary to complete the work in a satisfactory and acceptable manner. The Contractor shall
furnish all labor, tools, materials, machinery, equipment, and incidentals necessary to the
prosecution of the work.
G.4.1.1. "or Equal" Clause: Whenever a material or article required is specified or shown on
the plans by using the name of the proprietary product, or a particular manufacturer or vendor,
any material or article which will perform adequately the duties imposed by the general design
will be considered equal and satisfactory provided the material or article so proposed is of equal
substance and function, and only after written approval by the Engineer.
G.4.2. Special Provisions: Should any work or conditions which are not thoroughly and
satisfactorily stipulated or covered by the general or standard specifications be anticipated on
any proposed work, "Special Provisions" for such work may be prepared by the Town previous
to the time of receiving bids, and shall be considered as a part of the specifications and
contract.
G.4.3. Increased and Decreased Quantities: The Town reserves the right to alter the
quantities of the work to be performed or to extend or shorten the improvements at any time
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when and as found necessary. The Contractor shall perform the work as altered provided the
increased or decreased quantity is not be more than twenty-five percent of the contemplated
quantity of such item or items. No allowance will be made for any change in anticipated profits
nor shall such changes be considered as waiving or invalidating any conditions or provisions of
the contract and bond.
G.4.4. Alteration of Plans and Specifications: The Town reserves the right to make such
changes in the plans and specifications and in the character of the work as may be necessary
or desirable to insure completion in the most satisfactory manner, provided such changes do
not materially alter the original plans and specifications or change the general nature of the
work as a whole. Such changes shall not be considered as waiving or invalidating any
condition or provision of the contract or bond.
G.4.5. Extra Work: When any work is necessary to the proper completion of the project for
which no prices are provided in the proposal and contract, the Contractor shall do such work,
but only when and as ordered in writing by the Engineer, subject, however, to the right of the
Contractor to require a written confirmation of such extra work order by the Town. It is also
agreed that the compensation to be paid the Contractor for performing said extra work shall be
determined by one or more of the following methods:
Method (A) By agreed unit prices; or
Method (B) By agreed lump sum; or
Method (C) If neither Method (A) or Method (B) can be agreed
upon before the extra work is commenced then the
Contractor shall be paid the "actual field cost" of the
work, plus fifteen (15) percent
In the event said extra work be performed and paid by under Method (C) then the provisions of
this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all
workmen, such as foremen, timekeepers, mechanics, and laborers, and materials, supplies,
teams, trucks, rentals on machinery and equipment, for the time actually employed or used on
extra work, plus actual transportation charges necessarily incurred together with all necessary
incidental expenses incurred directly on account of such extra work, including social security,
old age benefit and other payroll taxes, public liability and property damage and workmen's
compensation, and all other insurance as may be required by any law or ordinance, or directed
by the Engineer of Town, or by them agreed to. The Engineer may direct the form in which
accounts of the 'actual field cost' shall be kept and the record of these accounts shall be made
available to the Engineer. The Engineer may also specify in writing before the work
commences, the method of doing the work. The type and kind of machinery and equipment
shall be determined by using 100 percent, unless otherwise specified, of the latest schedule of
equipment which shall be incorporated into the written extra work order. Save that where the
Contractor's camp or field office must be maintained primarily on account of such extra work,
then the cost to maintain and operate the same shall be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by the Engineer. In
case any orders or instructions are directed to the Contractor for which he should receive
compensation or an adjustment in the construction time, he shall make written requests to the
Engineer, for written order authorizing such extra work. Should a difference of opinion arise as
to what does or does not constitute extra work, or as to the payment therefor and the Engineer
insists upon its performance, the Contractor shall proceed with the work after making written
request for written order and shall keep an accurate account of the "actual field cost" thereof,
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as provided under Method (C). The Contractor will hereby preserve the right to submit the
matter of payment to arbitration, as herein below provided.
G.4.6. Final Clean-Up: Upon completion of the work and before acceptance and final
payment will be made, the Contractor shall clean and remove from the site of the work surplus
and discarded materials, temporary structures, discarded materials, and debris of every kind.
He shall leave the site of the work in a neat and orderly condition equal to that which originally
existed. Surplus and waste materials removed from the site of the work shall be disposed of at
locations satisfactory to the Engineer.
Section G.5. - Control of the Work and Materials
G.5.1. Engineer's Authority and Duty: Unless otherwise specified, it is mutually agreed
between the parties to this agreement that the Engineer may inspect all work included herein.
He has the authority to stop the work whenever such stoppage may be necessary to insure the
proper execution of the contract.
In order to prevent delays and disputes and to discourage litigation, it is further agreed that the
Engineer shall in all cases determine the amounts and quantities of the several kinds of work
which are to be paid for under this contract, and shall in all cases decide every question which
may arise relative to the execution of this contract on the part of said Contractor.
The Engineer shall, within a reasonable time, render and deliver to the Contractor a written
decision on all claims of the parties hereto and on all questions which may arise relative to the
execution of the work or the interpretation of the contract, specifications and plans.
Whenever the words "directed", "required", "permitted" "designated", "considered necessary",
"prescribed", or words of like import are used, it shall be understood that the direction,
requirement, permission order, designation or prescription of the Engineer is intended; and
similarly, the words "approval", "acceptable", "satisfactory", or words of like import shall mean
approved by or acceptable or satisfactory to the Engineer.
G.5.2. Superintendence and Inspection: It is agreed by the Contractor that the Engineer
shall be and is hereby authorized to appoint from time to time such subordinate engineers,
supervisors, or inspectors as the said Engineer may deem proper to inspect the materials
furnished and the work done under this agreement, and to see that the said material is
furnished, and said work is done in accordance with the specifications therefor. The Contractor
shall furnish all reasonable aid and assistance required by the subordinated engineers,
supervisors, or inspectors for the proper inspection and examination of the work. The
Contractor shall regard and obey the direction and instruction of any subordinate engineers,
supervisors, or inspectors so appointed, when such directions and instructions are consistent
with the obligations of the agreement and the accompanying plans and specifications, provided,
however, that should the Contractor object to any order by any subordinate engineer,
supervisor, or inspector, the Contractor within six (6) days make a written appeal to the
Engineer for his decision.
G.5.3. Contractor's Duty and Superintendence: The Contractor shall give personal
attention to the faithful prosecution and completion of this contract and shall keep on the work,
during its progress, a competent superintendent who shall represent the Contractor in his
absence and all directions given to him shall be as binding as if given to the Contractor.
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Important directions shall be confirmed in writing to the Contractor. Other directions shall be so
confirmed on written request in each case.
The Contractor will be supplied with three copies of the plans and specifications, and shall have
available on the work at all times one copy of said plans and specifications. The Contractor
shall give to the work the consistent attention necessary to facilitate the progress thereof, and
he shall cooperate with the Engineer, his inspectors and with other Contractors, in every way
possible. The Contractor shall provide all facilities to enable the Engineer and his inspectors to
inspect the workmanship and materials entering into the work.
G.5.4. Contractor's Understanding: It is understood that it is 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 in preparation for and during the
prosecution of the work, the general and local conditions, and all other matters which can in any
way affect the work under this contract. No verbal agreement or conversation with any officer,
agent or employee of the Town either before or after the execution of this contract, shall affect
or modify any of the terms of obligations herein contained.
G.5.5. Character of Workmen: The Contractor agrees to employ only orderly and
competent men, skillful in the performance of the type of work required under this contract to do
the work; and agrees that whenever the Engineer shall inform him in writing that any man on
the work is in his opinion incompetent, unfaithful or disorderly, such man or men shall be
discharged from the work and shall not again be employed on the work without the Engineer's
written consent.
G.5.6. Contractor's Buildings: The building of structures for housing men, or the erection of
tents or other forms of protection, will be permitted only at such places as the Engineer shall
direct, and the sanitary conditions of the grounds on or about such structures shall at all times
be maintained in a manner satisfactory to the Engineer.
G.5.7. Sanitation: Necessary sanitary conveniences for the use of the laborers on the
work, properly secluded from public observation, shall be constructed and maintained by the
Contractor in such a manner and at such points as shall be approved by the Engineer, and their
use shall be strictly enforced.
G.5.8. Shop Drawings: The Contractor shall submit to the Engineer, with such promptness
as to cause no delay in his own work or in that of any other Contractor, four copies, unless
otherwise specified, of all shop and/or setting drawings and schedules required for the job of
the various trades, and the Engineer shall review them with reasonable promptness, making
desired corrections. The Contractor shall make any corrections required by the Engineer, file
with him two corrected copies and furnish such other copies as may be needed. The
Engineer's approval of such drawings or schedules shall not relieve the Contractor from
responsibility for deviations from drawings or specifications, unless he has in writing called the
Engineer's attention to such deviations at the time of submission, nor shall it relieve him from
responsibility of errors of any sort in shop drawings or schedules.
G.5.9. Preliminary Approval: The Engineer shall not have the power to waive the obligation
of this contract for the furnishing by the Contractor of good materials, and of his performing
good work as herein described, and in full accordance with the plans and specifications. No
failure or omission of the Engineer to condemn defective work or materials shall release the
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Contractor from the obligations to at once tear out, remove and properly replace the same at
any time prior to final acceptance upon the discovery of said defective work or materials
provided, however, that the Engineer shall, upon request of the Contractor inspect and accept
or reject any material furnished, and in event the material has been once accepted by the
Engineer, such acceptance shall be binding on the Town, unless it can be clearly shown that
such materials furnished does not meet the specifications for this work.
Any questioned work may be ordered taken up or removed for reexamination by the Engineer,
prior to final acceptance, and if found not in accordance with the specifications for said work, all
expense of removing, reexamination and replacement shall be borne by the Contractor;
otherwise the expense thus incurred shall be allowed as extra work, and shall be paid for by the
Town. However, 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 and approval, he shall bear all expense of taking up, removing and
replacing his work if so directed by the Engineer.
G.5.10. Defects and Their Remedies: It is further agreed that if the work or any part thereof,
or any materials brought on the site of the work for use in the work or selected for the same,
shall be deemed by the Engineer, as unsuitable or not in conformity with the specifications, the
Contractor shall, after receipt of written notice from the Engineer, forthwith remove such
materials and rebuild or otherwise remedy such work so that it shall be in full accordance with
this contract.
G.5.11. Changes and Alterations: The Contractor further agrees that the Town may make
such changes and alterations as the Town may see fit, in the line, grade, form, dimensions,
plans or materials for the work herein contemplated, or any part thereof, either before or after
the beginning of the construction, without affecting the validity of the contract and the
accompanying Performance Bond.
G.5.12. Conformity with Plans: All work shall conform to the lines, grades, cross-sections
and dimensions shown on the plans. Any deviation from the plans, which may be required by
the exigencies of construction will be determined by the Engineer and authorized by him in
writing.
G.5.13. Existing Structures: The location of gas mains, water mains, conduits, sewer, etc. is
unknown, and the Town assumes no responsibility for failure to show them in their exact
locations. it is mutually agreed that such failure will not be considered sufficient basis for
claims for additional compensation for extra work or for increasing the pay quantities in any
manner whatsoever; unless the obstruction encountered is such as to necessitate changes in
the lines or grades, or require the building of special work, provisions for which are not made in
the plans and proposal, in which case the provisions in these specifications for extra work shall
apply.
G.5.14. Coordination of Plans Specifications Proposal and Special Provisions: The plans,
these specifications, the proposal, Special Provisions and all supplementary documents are
intended to describe a complete work and are essential parts of the contract. A requirement
occurring in any of them is binding. In case of discrepancies, figured dimensions shall govern
over scaled dimensions; specifications shall govern over plans; Special Provisions shall govern
over both general and standard specifications and plans; and quantities shown on the plans
shall govern over those shown in the proposal. The Contractor shall not take advantage of any
error or omission in the plans and specifications, and the Engineer shall be permitted to make
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such corrections or interpretations as may be deemed necessary for the fulfillment of the intent
of the plans and specifications.
In the event the Contractor discovers an apparent error or discrepancy, he shall immediately
call this to the attention of the Engineer.
G.5.15. Source of Supply of Materials: The materials shall be the best procurable, as
required by the plans, specifications and Special Provisions. The Contractor shall not start
delivery of materials until the Engineer has approved the source of supply. Only materials
conforming to these specifications shall be used in the work, and such materials shall be used
only after written approval has been given by the Engineer, and only so long as the quality of
said materials remains equal to the requirements of the specifications. After approval, any
material which has become mixed with or coated with dirt or any other foreign substances
during its delivery and handling will not be permitted to be used in the work.
G.5.16. Samples and Tests of Materials: Where, in the opinion of the Engineer, or as called
for in the specifications, tests of materials are necessary, such tests will be made at the
expense of the Contractor unless otherwise provided. Tests, unless otherwise specified, will be
made in accordance with the latest methods of the American Society for Testing Materials. The
Contractor shall provide such facilities as the Engineer may require for collecting and
forwarding samples and shall not use the materials represented by the samples until tests have
been made. The Contractor shall furnish adequate samples without charge.
G.5.17. Storage of Materials: Materials shall be stored so as to insure the preservation of
their quality and fitness for the work. When directed by the Engineer, they shall be placed on
wooden platforms or other hard, clean surfaces, and not on the ground, and shall be placed
under cover when directed. Stored materials shall be placed and located so as to facilitate
prompt inspection.
G.5.18. Inspection: The Contractor shall furnish the Engineer with every reasonable facility
for ascertaining whether or not the work performed was in accordance with the requirements
and intent of the plans and specifications. Any work done (except excavation) or materials
used without suitable supervision or inspection by the Engineer may be ordered removed and
replaced at the Contractor's expense.
G.5.19. Removal of Defective and Unauthorized Work: All work which has been rejected or
condemned shall be repaired, or if it cannot be repaired satisfactorily, it shall be removed and
replaced at the Contractor's expense. Defective materials shall be immediately removed from
the site of the work. Work done without line and grade having been given, work done out of the
lines or not in conformity with the grades shown on the plans or as given, save as herein
provided, work done without proper inspection, or any extra or unclassified work done without
written authority and prior agreement in writing as to prices shall be done at the Contractor's
expense. Upon failure of the Contractor to repair satisfactorily or to remove and replace, if so
directed, rejected, unauthorized or condemned work or materials immediately after receiving
notice from the Engineer, the Engineer will, after giving notice to the Contractor, have the
authority to cause defective work to be remedied or removed and replaced, or to cause
unauthorized work to be removed and to deduct the cost thereof from any moneys due or to
become due the Contractor.
G.5.20. Final Inspection: The Engineer will make final inspection of all work included in the
contract as practicable after the work is completed and ready for acceptance. If the work is not
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acceptable to the Engineer at the time of such inspection, he will inform the Contractor as to the
particular defects before final acceptance will be made.
Section G.6. - Legal Relations and Public Responsibility
G.6.05. Arbitration: All questions of dispute under this Agreement shall be submitted to the
Town Council at the request of either party and the decision of the Town Council shall be final
and unappealable.
G.6.1. Law and Ordinance: The Contractor shall at all times observe and comply with all
Federal, State and local laws, ordinances and regulations, which in any manner effect the
contract or the work, and shall indemnify and save harmless the Town against any claim arising
from the violation of any such laws and ordinances, and are called for by the provisions of the
contract documents. If the Contractor observes that the plans and specifications are in
variance therewith, he shall promptly notify the Engineer in writing, and any necessary changes
shall be adjusted as provided in the contract for changes in the work. If the Contractor
performs any work knowing it to be contrary to such laws, ordinances, rules and regulations,
and without such notice to the Engineer, he shall bear all costs arising therefrom.
In the case of a body politic and corporate, the law from which it derives its powers, insofar as
the same regulates the objects for which, or the manner in which, or the conditions under which
the Town may enter into contract, shall be controlling, and shall be considered as part of this
contract to the same effect as through embodied therein.
G.6.2. Permits and Licenses: The Contractor shall procure all permits and licenses, pay all
charges and fees, and give all notices necessary and incident to the due and lawful prosecution
of the work.
G.6.3. 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, materials or
process covered by letter patent or copyright by suitable legal agreement with the patentee or
owner. The Contractor shall defend all suits or claims for infringement of any patent or
copyright rights and shall indemnify and save the Town harmless from any loss on account
thereof, except that the Town shall defend all such suits and claims and shall be responsible for
all such loss when a particular design, device, material or process or the product of the
particular manufacturer or manufacturers is specified or required by the Town; provided
however, if choice or alternate design, device, material or process is allowed to the Contractor,
the Contractor shall indemnify and save Town harmless from any loss on account thereof. If
the materials or process specified or required by the Town is an infringement, the Contractor
shall be responsible for such loss unless he promptly gives information to the Town.
G.6.4. Public Convenience and Safety: Materials stored about a work shall be placed so,
and the work shall at all times be so conducted, as to cause no greater obstruction to the
traveling public than is considered necessary by the Engineer. The Contractor shall make
provisions by bridges or otherwise at all cross streets, highways, sidewalks, and private
driveways for the free passage of pedestrians and vehicles, provided where bridging is
impracticable or unnecessary in the opinion of the Engineer, the Contractor may make
arrangements satisfactory to the Engineer for the diversion of traffic, and shall, at his own
expense, provide all material and perform all work necessary for the construction and
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maintenance of roadways and bridges for the diversion of traffic. Sidewalks are not to be
obstructed except by special permission of the Engineer.
The materials excavated, all the construction materials or plans used in the construction of the
work, shall be placed so as not to endanger the work or prevent free access to all fire hydrants,
water valves, gas valves, manholes for telephone, telegraph, signal, or electric conduits,
sanitary sewer or storm drain.
The Town reserves the right to remedy any neglect on the part of the Contractor as regards to
public convenience and safety which may come to its attention, after twenty-four hours notice in
writing to the Contractor, save in cases of emergency, when it shall have the right to remedy
any neglect without notice; in either case, the cost of such work done by the Town shall be
deducted from moneys due the Contractor. The Contractor shall notify the Trophy
Club/Westlake Department of Public Safety headquarters when any street is closed or
obstructed and when directed by the Engineer shall keep any street or streets in condition for
unobstructed use by fire apparatus. The Contractor will be required to give the Police
Department a 24-hour notice of intent to cut any street in the project. This notice may be given
by telephone. A separate notice must be given wherever any additional street in the contract is
to be cut. Where the Contractor is required to construct temporary bridges or make other
arrangements for crossings over ditches or streams, his responsibility for accidents shall
include the roadway approaches as well as the structures of such crossings.
G.6.5. Privileges of Contractor in Streets Alleys and Rights-of Way: For the performance
of the contract, the Contractor will be permitted to occupy such portions of streets or alleys or
other public places or other rights-of-way as provided for in the ordinances of the Town, as
shown on the plans, or as permitted by the Engineer. A reasonable amount of tools, materials,
and equipment for construction purposes may be stored in such space, but not more than is
necessary to avoid delays in the construction. Excavated and waste materials shall be piled or
stacked in such a way as not to interfere with spaces that may be designated to be left free and
unobstructed so as not to inconvenience occupants of adjoining property. Other Contractors of
the Town may, for all purposes required by the contract, enter upon the work and premises
used by the Contractors and the Contractor shall give to other Contractors of the Town all
reasonable facilities and assistance for the completion of adjoining work. Any additional
grounds desired by the Contractor for his use shall be provided by him at his own cost and
expense.
G.6.6. Railway Crossings: Where the work encroaches upon any right-of-way of any
railway, the Town will secure the necessary license easement for the work. Where railway
tracks are to be crossed, the Contractor shall observe all the regulations and instructions of the
railway company as to methods of doing work, or precautions for the safety of property and the
public. All negotiations with the railway company, except for the right-of-way, shall be made by
the Contractor. The railway company shall be notified by the Contractor not less than five days
previous to the time of his intention to begin work. The Contractor will not be paid direct
compensation for such railway crossings, but shall receive only the compensation set out in the
proposal.
G.6.7. Barricades Lights and Watchmen: Where the work is carried on, in or adjacent to
any street, alley or public place, the Contractor shall at his own expense furnish and erect such
barricades, fences, lights and danger signals; shall provide such watchmen, and shall take such
other precautionary measures for the protection of persons or property and of the work as are
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necessary. All traffic signage and barricading in the construction zone shall be in accordance
with the Texas Manual on Uniform Traffic Control Devices, latest edition.
The Contractor shall be held responsible for all damage to the work due to the failure of
barricades, signs, lights and watchmen to protect it, and whenever evidence is found of such
damage, the Engineer may order the damaged portion immediately removed and replaced by
the Contractor at his cost and expense. The Contractor's responsibility for the maintenance of
barricades, signs, and lights shall not cease until the project shall have been accepted by the
Town.
G.6.8. Use of Explosives: No explosives shall be used on the project without the written
consent of the Engineer.
G.6.9. Protection and Restoration of Property: Where the work passes over or through
private property, the Town will provide such rights-of-way. The Contractor shall notify the
proper representatives of any public utility, corporation, any company or individual not less than
forty-eight hours in advance of any work which might damage or interfere with the operation of
their or his property along or adjacent to the work. The Contractor shall be responsible for all
damage or injury to any property of any character (except such as may be due to the provisions
of the contract documents, or caused by agents or employees of the Town) by reason of any
negligent act or omission on the part of the Contractor, or defective work or materials, or due to
his failure to reasonably or properly prosecute the work, and said responsibility shall not be
released until the work shall have been completed and accepted. When and where any such
damage or injury is done to public or private property on the part of the Contractor, he shall
restore or have restored at his own cost and expense such property to a condition similar or
equal to that existing before such damage was done, by repairing, or otherwise restoring as
may be directed, or he shall make good such damage or injury in a manner acceptable to the
owner or the Engineer. In case of a failure on the part of the Contractor to restore such
property or make good such damage or injury, the Engineer may, upon forty-eight hours written
notice, under ordinary circumstances, without notice when a nuisance or hazardous condition
results, proceed to repair, rebuild or otherwise restore such property as may be determined
necessary, and the cost thereof will be deducted from any moneys due or to become due the
Contractor under his contract.
G.6.10. Responsibility for Damage Claims: The Contractor and his sureties shall indemnify
and save harmless the Town and all its officers, agents, and employees from all suits, actions
or claims of any character, name and description brought for or on account of any injuries or
damages received or sustained by any person or persop.s or property, on account of any
negligent act or fault of the Contractor, his agents or employees, in the execution of said
contract, or on account of the failure of the Contractor to provide necessary barricades, warning
lights or signs; and will be required to pay any judgment, with costs, which may be obtained
against the Town growing out of such injury or damage.
G.6.11. Contractor's Claim for Damage: Should the Contractor claim compensation for any
alleged damage by reason of the acts or omissions of the Town, he shall, within three days
after sustaining such damage, make a written statement to the Engineer, setting out in detail
the nature of the alleged damage, and on or before the 25th day of the month succeeding that
in which any such damage is claimed to have been sustained, the Contractor shall file with the
Engineer an itemized statement of the details and amount of such alleged damaged, and upon
request, shall give the Engineer access to all books of accounts, receipts, vouchers, bills of
lading, and other books or papers containing any evidence as to the amount of such alleged
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damage. Unless such statement shall be filed as herein above required, the Contractor's claim
for compensation shall be waived and he shall not be required to payment on account of such
damage.
G.6.12. Public Utilities and other Property to be Changed: In case it is necessary to change
or move the property of any owner or of a public utility, such property shall not be moved or
interfered with until ordered to do so by the Engineer. The right is reserved to the owner of
public utilities to enter upon the limits of the contract for the purpose of making such changes or
repairs of their property as may be necessary for performance of the contract. The Town
reserves the right of entering upon the limits of the contract for the purpose of repairing or re-
laying sewer and water lines and appurtenances, repairing structures, etc., and for making
other repairs, changes or extension to any Town property.
G.6.13. Temporary Sewer and Drain Connections: When existing sewers have to be taken
up or removed, the Contractor shall, at his own cost and expense, provide and maintain
temporary outlets and connections for private and public drains and sewer. The Contractor
shall also take care of all sewage and drainage which will be received from these drains and
sewers; and for this purpose he shall provide and maintain, at his own expense, adequate
pumping facilities and temporary outlets or diversions. The Contractor, at his own expense,
shall construct such troughs, pipes or other structures necessary, and be prepared at all times
to dispose of drainage and sewage received from these temporary connections until such time
as the permanent connections are built and in service. The existing sewers and connections
shall be kept in service and maintained under the contract, except where specified or ordered to
be abandoned by the Engineer. All water or sewage shall be disposed of in a satisfactory
manner so that no nuisance is created, and so that the work under construction will be
adequately protected.
G.6.14. Arrangement and Charge for Water Furnished by the Town: Where the Contractor
desires to use Town water in connection with any construction work, he shall make complete
and satisfactory arrangements with the Town Engineer before so doing. Where meters are
used, the charge for water will be as prescribed by ordinance; or, where no ordinance applies,
payment shall be made on estimates made by the Town Engineer.
G.6.15. Use of Fire Hydrants: No person shall open, turn off, interfere with, attach any pipe
or hose to, or connect anything with any fire hydrant, stop valve, or stop cock, or tap any water
main belonging to the Town, unless duly authorized to do So by the Town Engineer.
G.6.16. Use of a Section or Portion of the Work: Wherever in the opinion of the Engineer
any section or portion of the work or any structure is in suitable condition, it may be put into use
upon the written order of the Engineer, and such usage shall not be held to be in any way an
acceptance of said work or structure or any part thereof or as a waiver of any of the provisions
of these specifications or the contract pending final completion and acceptance of the work. All
necessary repairs and removals of any section of the work so put into use, due to defective
materials or workmanship or to operations of the Contractor shall be performed by the
Contractor at his own cost and expense.
G.6.17. Contractor's Responsibility for the Work: Until written acceptance by the Engineer,
as provided for in these specifications, the work shall be under the charge and care of the
Contractor and he shall take every precaution to prevent injury or damage to the work or any
part thereof by action of the elements or from any other cause whatsoever, whether arising
from the execution or non-execution of the work. The Contractor shall rebuild, restore and
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make good at his own cost and expense, all injuries or damages to any part of the work
occasioned by any of the herein above causes.
G.6.18. Contractor's Insurance: The Contractor at his own expense shall purchase, maintain
and keep in force during the life of this contract, adequate insurance that will protect the
Contractor and/or any Additional Insured from claims which may arise out of or result from
operations under this contact.
The insurance required shall provide adequate protections from all claims, whether such
operations be by the Contractor or by any Additional Insured or by any Subcontractor or by
anyone directly or indirectly employed by any of them, or by anyone whose acts of any of them
may be liable and from any special hazards, such as blasting, which may be encountered in the
performance of this contract in the amounts as shown below in sub-paragraph (A). The
Contractor shall provide the following:
(A) Insurance and Amount: The Contractor shall furnish and maintain during the life of
the Contract adequate Worker's Compensation and Commercial General Liability
(Public) Insurance in such amounts as follows:
Worker's Compensation as required by law
Commercial General $500,000 Each Accident
Liability (Public) $1,000,000 Aggregate
$1,000,000 Products & Completed
Operations Aggregate
The Commercial General Liability (Public) insurance policy shall include an
endorsement CG 2503 "Amendment Aggregate Limit of Insurance per Project." The
endorsement shall preserve the entire aggregate required in the Commercial
General Liability (Public) insurance policy for the exclusive use in this contract. A
copy of this endorsement must be submitted with the contract documents. The
Commercial General Liability (Public) insurance policy shall be on an "Occurrence"
basis. The Contractor shall be required to have additional insurance for all work
performed within railroad R.O.W. as required by the owner of such R.O.W. and said
insurance shall be in addition to the insurance amount required in sub-paragraph
(A).
(B) Additional Insured: The Town of Westlake shall be an additional insured on the
Commercial General Liability (Public) Insurance Policy furnished by the Contractor.
(C) Written Notification: Each insurance policy shall contain a provision requiring that
thirty (30) days prior to expiration, cancellation, non-renewal or any material change
in coverage, a notice thereof shall be given by certified mail to the Town Secretary.
(D) Premiums and Assessments: Companies issuing the insurance policies shall have
no recourse against the Town for payment of any premiums or assessments for any
deductibles which are at the sole responsibility and risk of the Contractor.
(E) Certificate of Insurance: The Contractor shall furnish the Town with four (4) valid
Certificate of Insurance Forms.
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(F) Workers' Compensation: The Contractor shall furnish the Town with four (4) valid
copies of the Contractor's Certification of Workers' Compensation form to verify that
the Contractor has provided workers' compensation insurance for all employees of
the Contractor in accordance with Texas state laws.
(G) Insurance Policy: The Contractor shall furnish the Town with two (2) certified copies
of the insurance policies (not a certificate) to verify coverages afforded under the
policies within 40 calendar days from the date of the issuance of the Certificate of
Insurance Form.
(H) Primary Coverage: The coverages provided herein shall be primary and
noncontributory with any other insurance maintained by the Town of Westlake,
Texas, for its benefit, including self insurance.
In the event any insurance policy shown on the Certificate of Insurance has an
expiration date that is prior to the completion and final acceptance of the project by
the Town of Westlake, the Contractor shall furnish the Town proof of identical
coverage no later than thirty (30) days prior to the expiration date shown on the
Certificate of Insurance.
The Contractor shall not commence work on any Contract in the Town of Westlake
until the Contractor has obtained all the insurance required under this paragraph and
such insurance has been approved by the Town.
G.6.19. 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 (TWCC-81, TWCC-82, TWCC-83, or TWCC-84) showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project for the duration of the project.
Duration of the project - Includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the Town.
Persons providing services on the project ("subcontractor" in §406.096) - Includes all
persons or entities performing all or part of the services the contractor has
undertaken to perform on the project, regardless of whether that person contracted
directly with the contractor and regardless of whether that person has employees.
This includes without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner-operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
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(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, Section 401.011(44) for all 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 Town 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 Town showing that
coverage has been extended.
(E) The contractor shall obtain from each person providing services on a project, and
provide to the Town:
(1) A certificate of coverage, prior to that person beginning work on the project, so
the Town 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, 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 Town in writing by certified mail or personal delivery,
within 10 days after the contractor knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the
project.
(H) The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating
how a person may verify coverage and report lack of coverage.
(1) The contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
(1) Provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its
employees providing services on the project, for the duration of the project;
(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;
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(3) Provide the contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project;
(4) Obtain from each other person with whom it contracts, and provide to the
contractor:
(a) A certificate of coverage, prior to the other person beginning work on the
project, and
(b) A new certificate of coverage showing extension of coverage, prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(5) Retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
(6) notify the Town 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 Town that all employees of the
contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be
based on proper reporting of classification codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate insurance carrier or, in the
case of a self-insured, with the commission's Division of Self-Insurance Regulation.
Providing false or misleading information may subject the contractor to
administrative penalties, criminal penalties, civil penalties, 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 Town to declare the contract void if the
contractor does not remedy the breach within ten days after receipt of notice of
breach from the Town.
Section G.7. - Prosecution and Progress
G.7.1. Assignment and Subletting: The Contractor further agrees that he will retain
personal control and will give his personal attention to the fulfillment of this contract and that he
will not assign by Power of Attorney, or otherwise, or sublet said contract, without the written
consent of the Town, and that no part of the work will be sublet to anyone objectionable to the
Town Engineer.
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G.7.2. Prosecution of the Work: The Contractor shall begin the work to be performed
under this contract within the time limit stated in these specifications, and shall conduct the
work in such a manner and with sufficient equipment, materials, and labor as is necessary to
insure its completion within the time limit.
The sequence of all construction operations shall be at all times as directed by or approved by
the Engineer. Such direction or approval by the Engineer shall not relieve the Contractor from
the full responsibility of the complete performance of the contract. Should the prosecution of
the work be discontinued by the Contractor, he shall notify the Engineer at least twenty-four
hours in advance of resuming operation.
G.7.3. Limitation of Operations: The work shall be so conducted as to create a minimum
amount of inconvenience to the public.
At any time when, in the judgment of the Engineer, the Contractor has obstructed or closed or
is carrying on operations on a greater portion of the street or public way than is necessary for
the proper execution of the work, the Engineer may require the Contractor to finish the sections
on which work is in progress before operations are started on any additional section.
G.7.4. 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 time and seasons, in such order of precedence, and in such a manner as shall be
most conducive to economy of construction; provided, however, that the order and the time of
prosecution shall be such that the work shall be substantially completed as a whole and in part,
in accordance with this contract, the plans and specifications, and within the time of completion
designated in the proposal; provided, also, that when the Town is having other work done,
either by contract or by its own force, the Engineer may direct the timing of the contract, so that
conflict will be avoided and the construction of the various works being done for the Town shall
be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Engineer, a
schedule which shall show the order in which the Contractor will start the several parts of the
work, and estimated dates of completion of the several parts.
G.7.5. Extension of Time: Should the Contractor be delayed in the completion of the work
by any act or neglect of the Town or Engineer, or any employee of either, or by other
Contractor's employed by the Town, or by changes ordered in the work, or by strikes, lockouts,
fires, and unusual delays by common carriers, or unavoidable cause or causes beyond the
Contractor's control or by any cause which the Engineer shall decide justifies delay, then an
extension of the time shall be allowed for completing the work, sufficient to compensate for the
delay, the amount of the extension to be determined by the Engineer, provided, however that
the Contractor shall give the Engineer prompt notice in writing of the cause of such delay.
G.7.6. Hindrances and Delays: No claims shall be made by the Contractor for damages
resulting from hindrances or delays from any cause (except where the work is stopped by order
of the Town) during the progress of any portion of the work embraced in this contract. In case
said work shall be stopped by an act of the Town, then such expense as in the judgment of the
Engineer, caused by such stoppage of said work shall be paid for by the Town to the
Contractor.
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Once the work order is transmitted to the Contractor, the Contractor shall devote both
manpower and equipment to the project on a continuous basis each and every workday in
sufficient quantity to bring the project to completion without delay. The Town Engineer shall be
the sole judge, with appeal only to the Town Council, of whether the Contractor has devoted
both manpower and equipment to the project on a continuous basis to bring the project to
completion. If the Engineer or his designee should determine the Contractor has failed to
diligently prosecute the project and the Town Council does not reverse the decision of the
Engineer or his designee, the Town Engineer may have the remaining work performed by
another contractor and deduct whatever is paid to the substitute contractor from the
Contractor's contract.
Failure to comply with the contractual provisions of a Town of Westlake construction contract or
failure to diligently pursue a project to completion shall be a basis for the Town Council rejecting
a future bid from said Contractor.
G.7.7. Failure to Complete on Time: The time of completion of the contract is of the
essence.
For each working day that any work shall remain uncompleted after the time specified in the
proposal and contract, plus any authorized time extension granted in writing by the Town of
Westlake, or as automatically increased by additional work or materials ordered after the
contract is signed, the sum per day of 1/500 of the amount of the contract (to an amount not to
exceed $500.00 per day), unless otherwise specified in the special provisions, will be deducted
from the moneys due the Contractor, not as a penalty but as liquidated damages.
The sum of money thus deducted for such delay, failure or noncompletion is not to be
considered as a penalty, but shall be deemed, taken and treated as reasonable liquidated
damages, since it would be impracticable and extremely difficult to fix the actual damages.
The Contractor shall also indemnify and hold the Town harmless including paying court costs
and defense fees from any property damage claims resulting from restriction of access caused
by the Contractor's negligent performance or undue delay.
G.7.8. Suspension by Court Order: The Contractor shall suspend such part or parts of the
work ordered by the court, and will not be entitled to additional compensation by virtue of such
court order. Neither will he be liable to the Town in the event the work is suspended by court
order.
G.7.9. Temporary Suspensions: The Engineer shall have the authority to suspend the work
wholly or in part for such period or periods as he may deem necessary due to unsuitable
weather conditions as are considered unfavorable for the suitable prosecution of the work. If it
should become necessary to stop the work for an indefinite period, the Contractor shall store all
materials in such a manner that they will not obstruct or impede the public unnecessarily nor
become damaged in any way and he shall take every precaution to prevent damage or
deterioration.
GJA0. Abandonment by Contractor: In case the Contractor should abandon and fail or
refuse to resume work within ten (10) days after written notification from the Town or the
Engineer, when such orders are consistent with the Contract Document, then, and in that case,
where a performance bond exists, the Surety on the bond shall be notified in writing and
directed to complete the work, and a copy of said notice shall be delivered to the Contractor.
G-23
After receiving said notice of abandonment, the Contractor shall not remove from the work any
materials, equipment, tools, or supplies then on the job, but the same, together with any
materials and equipment under contract for the work may be held for use on the work by the
Town of Westlake, the Surety on the construction bond, or another contractor in completion of
the work; and the Contractor shall not receive any rental or credit therefore (except when used
in connection with Extra Work where credit shall be allowed as provided for under Article G.4.5.,
Extra Work), it being understood that the use of such equipment and materials will ultimately
reduce the cost to complete the work and be reflected in the final settlement.
G.7.11. Termination of Contract: The contract will be considered fulfilled, save as provided
in any maintenance stipulations, bond, or by law, when all the work has been completed, the
final inspection made by the Engineer, and final acceptance and final payment made by the
Town.
Section G.B. - Measurement and Payment
G.B.I. Quantities and Measurement: No extra or customary measurements of any kind will
be allowed, but the actual measured and/or computed length, area, solid contents number and
weight only shall be considered, unless otherwise specifically provided.
G.8.2. Estimated Quantities: This agreement, including the specifications, plans, and
estimates, is intended to show clearly all work to be done and material to be furnished
hereunder. Where the estimated quantities are shown for the various classes of work to be
done and material to be furnished under this contract, they are approximate and are to be used
only as a basis for estimating the probable cost of the work and for comparing the proposals
offered for the work. It is understood and agreed that the actual amount of work to be done and
materials to be furnished under this contract may differ somewhat from these estimates, and
that where the basis for payment under this contract is the unit price method, payment shall be
for the actual amount of such work done and the material furnished. Where payment is based
on the unit price method, the Contractor agrees that he will make no claim for damages,
anticipated profits or otherwise on account of any differences which may be found between the
quantities of work actually done, the material actually furnished under this contract and the
estimated quantities contemplated and contained in the proposal; provided, however, that in the
case the actual quantity of any major item should become as much as 25% less than the
estimated or contemplated quantity for such items, then either party to this Agreement, upon
demand, shall be entitled to a revised consideration upon the portion of the work above or
below 25% of the estimated quantity.
A "Major Item" shall be construed to be an individual bid item incurred in the proposal that has a
total cost equal to or greater then five (5) percent of the total contract cost, computed on the
basis of the proposal quantities and the contract unit prices.
Any revised consideration is to be determined by agreement, between the parties otherwise by
the terms of this Agreement, as provided under"Extra Work" Article G.4.5.
G.8.3. Partial Payment: On or before the 1't day of each month the Contractor shall submit
a Pay Request showing as completely as practicable the total value to the work done by the
Contractor up to and including the 25th day of the preceding month; said Pay Request shall
also include the value of all sound materials delivered on the site of the work that are to be
fabricated into the work, providing the Contractor can produce a paid receipt for the materials.
G-24
The Town shall then pay the Contractor on or before the 30th day of the current month the total
amount of the Pay Request, less five percent (5%) of the amount thereof for contracts with a
total contract price of four hundred thousand ($400,000.00) dollars or more, less ten percent
(10%) for contracts with a total contract price of less than four hundred thousand ($400,000.00)
dollars but greater than or equal to ten thousand ($10,000.00) dollars, and in contracts for less
than ten thousand ($10,000.00) dollars the retainage shall be fifteen percent (15%), which five
percent (5%), ten percent (10%) or fifteen percent (15%) shall be retained until final payment,
and further less all previous payments and all further sums that may be retained by the Town
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 Town 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 Town's option,
may be relieved of the obligation for fully completing the work, and thereupon, the Contractor
shall receive payment of the balance due him under the work contract subject only to the
conditions stated under "Final Payment."
G.8.4. Final Completion and Acceptance: Within five (5) days after the Contractor has
given the Engineer written notice that the work has been completed, or substantially completed,
the Engineer and the Town shall inspect the work and within said time, if the work be found to
be completed or substantially completed in accordance with the Contract Documents, the
Engineer shall issue to the Town and the Contractor his Certificate of Completion, and
thereupon it shall be the duty of the Town within ten (10) days to issue a Certificate of
Acceptance of the work to the Contractor.
G.8.5. Final Payment: Upon the issuance of the Certification of Completion, the Engineer,
shall proceed to make final measurements and prepare final statement of the value of all work
performed and materials furnished under the terms of the Agreement and shall certify same to
the Town, who shall pay to the Contractor within thirty (30) days after the date of the Certificate
of Completion, the balance due the Contractor under the terms of this Agreement, provided he
has fully performed contractual obligations under the terms of this contract; and said payment
shall become due in any event upon said performance by the Contractor. Neither the
Certificate of Acceptance nor the final payment, nor any provisions in the Contract Documents,
shall relieve the Contractor of the obligation for the fulfillment of any warranty, which may be
required in the Special Conditions of the specifications.
G.8.6. Payments Withheld: The Town may, on account of subsequently discovered
evidence, withhold or nullify the whole or part of any certificate to such extent as may be
necessary to protect himself from loss on account of:
(a) Defective work not remedied
(b) Claims filed or reasonable evidence
indicating probable filing of claims
(c) Failure of the Contractor to make
payments properly to subcontractors or
for material or labor
(d) Damage to another contractor
G-25
When the above grounds are removed or the Contractor provides a Surety Bond satisfactorily
to the Town, which will protect the Town in the amount withheld, payment shall be made for
amount withheld because of them.
G.8.7. Delayed Payments: Should the Town fail to make payment to the Contractor of the
sum named in any partial or final statement when payment is due, or should the Engineer fail to
issue any statement on or before the date above provided, then the Town shall pay to the
Contractor, in addition to the sum shown as due by such statement, interest thereon at the rate
of six percent (6%) per annum, unless otherwise specified, from date due until fully paid, which
shall fully liquidate any injury to the Contractor growing out of such delay in payment not
promptly made, as provided under "Partial Payment," and any time thereafter treat the contract
as abandoned by the Town and recover compensation, unless such payments were withheld in
accordance with the provisions of "Payments Withheld."
G.8.8. Time Filing Claims: It is further agreed by both parties hereto that all questions of
dispute or adjustment presented by the Contractor shall be in writing and filed with the Engineer
within thirty (30) days after the Engineer has given any directions, orders or instructions to
which the Contractor so desires to take exception. The Engineer shall reply to such written
exceptions by the Contractor and render his final decision in writing. It is further agreed that
final acceptance of the work by the Town and the acceptance by the Contractor of the final
payment shall be a bar of any claims by either party, except, where noted otherwise in the
Contract Documents.
G-26
SPECIFICATIONS
All construction shall be subject to the inspection and approval of the Town Engineer, and/or
Inspectors of the Town of Westlake. The Standard Specifications for Public Works Construction
by North Central Texas Council of Governments (NCTCOG) the "Standard Specifications for
Construction of Highways, Streets, and Bridges," dated 1993, as amended by the Texas
Department of Transportation, and the Standard Specifications and requirements of the Town of
Westlake shall govern the construction of this project, unless otherwise noted in these
specifications, or on the construction plans.
In the event of a conflict of the specifications, the Engineer shall determine which specification
shall govem for a particular circumstance.
SECTION 01000
SUMMARY OF WORK
PART 1 - GENERAL
1.1 DESCRIPTION
The work to be performed under this contract consists of furnishing all materials, tools,
equipment, labor and incidentals necessary to install 8-inch and 6-inch water lines for
the Town of Westlake within the existing Stage Coach Hills residential development.
The Contractor shall provide and maintain access at all times for all business and
residential locations during the construction as a non-pay item.
The Town of Westlake shall not reimburse the Contractor for any water used to perform
the work as required in this contract.
The Contractor shall review and understand the requirements for solid waste disposal
(Section 01516).
1.2. JOB CONDITIONS
A. PROJECT LIMITS
1. The Contractor shall confine his operations to the limits of the right-of-way,
temporary construction easements and permanent water line easements
furnished by the Town.
2. The Contractor shall use extreme caution when working near adjacent properties
so as to minimize the inconvenience to the public caused by the work herein.
3. Any property corner or right-of-way marker removed or destroyed shall be
replaced at the Contractor's expense.
B. EXPLOSIVES
The use of explosives will not be permitted on this project.
C. PROPERTY PRESERVATION
The Contractor shall be responsible for the preservation and protection of all trees,
shrubs, sprinkler systems, fences, mail boxes, and other property owner
improvements located within the limits of construction. The destruction or damage
of said property owner improvements by the Contractor designated for preservation
shall be replaced or repaired at the Contractor's expense to an equal or better
condition.
01000-1
D. TRAFFIC CONTROL
The Contractor shall route traffic and barricade all roads as required by the Town of
Westlake. The traffic control shall conform to the 'Texas Manual on Uniform Traffic
Control Devices," latest edition, and is subject to the approval of the Town Engineer.
All barricades, signs and traffic control devices required for the project shall be a
non-pay item.
1.3. REFERENCE SPECIFICATIONS
A. Town of Westlake — Engineering Standards, latest edition
B. North Central Texas Council of Governments — Standard Specifications for
Public Works Construction, latest edition
C. Texas Department of Transportation — 1993 Standards for Construction of
Highways, Street and Bridges, with supplemental special provisions.
END OF SECTION
01000-2
SECTION 01010
GENERAL NOTES
1. The Town will provide "basic" horizontal and vertical control (see section 01051) and will
provide construction staking one (1) time. Subsequent construction staking will be the
responsibility of the Contractor. In addition, the Town will perform field surveying to tie
the actual location of the water line. The Contractor shall be responsible for
coordination with the Town.
2. All underground utility locations as shown on the plans are approximate. The contractor
shall be responsible for determining the exact locations of all underground utilities and
notifying the various utilities before construction. The determination of the locations of
the utilities shall not be considered sufficient basis for claims for additional
compensation for extra work or for increasing the pay quantities in any manner
whatsoever.
3. All gas, telephone, cable and power lines to be adjusted shall be adjusted by others.
4. All adjacent property damaged by the proposed construction shall be restored to equal
or better condition than which it was found before such work was undertaken (non-pay
item).
5. Pavement repair pay quantities will be limited to the maximum trench width plus two
feet. Any additional trenching required for trench safety purposes shall be considered
part of the unit price for trench excavation.
6. The Contractor shall not be permitted to have any open trenches at the end of each
working day unless approved by the Engineer.
7. All cut and fill slopes shall be 4:1 except as noted on the plans or as directed by the
Engineer. Cut slopes may be steepened to protect existing trees and fences only with
prior approval of the Engineer. All property adjacent to the proposed construction shall
be graded as directed by the Engineer (non-pay item).
8. Embedment material for the pipe shall be in accordance with the N.C.T.C.O.G. Standard
Specifications Item 2.1.8 and the details shown in the construction plans. No water
jetting will be allowed.
9. The Contractor shall preserve all existing pavement, shoulders, driveways and
sidewalks. The removal and replacement of the said items shall only be deemed
necessary in order to complete the project or as directed by the Engineer. Any damage
not deemed necessary for the completion of said project shall be replaced to equal or
better conditions as a non-pay item.
10. Where applicable, the Contractor shall place rubber mats or earth on the pavement to
protect it from track marks and/or cracking during construction (non pay item).
11. The Town of Westlake will not reimburse the Contractor for any water used to perform
the work as required in the contract.
01010-1
12. All disturbed areas shall be finished to grade, smoothed with a suitable top soil (2"
minimum) and seeded or sodded as outlined in the specifications or directed by the
Engineer.
13. All excavated material deemed excess or unsuitable for backfill shall be disposed of off-
site by the Contractor in a lawful manner. The Town Engineer may assist in locating a
suitable dump site.
14. All existing pavement, curb and gutter, and sidewalk to be removed shall be disposed of
by the Contractor.
15. The Contractor shall preserve all trees, shrubs, sprinkler systems, fences, mailboxes
and other property owner improvements not noted for removal. The removal and/or
replacement of the said property owner improvements by the Contractor shall be
considered as a non-pay item unless a pay item exists for the specific improvement.
The Contractor shall comply with the tree protection ordinance.
16. The Contractor shall give the Town, residents and businesses affected by any
anticipated water service disruptions at least forty eight (48) hours prior notice.
17. The Contractor is responsible to protect all water and sewer lines and private utilities
crossing the project. The contractor shall repair all damaged lines immediately. All
repairs of existing water mains, water services, sewer mains, and sanitary sewer
services shall be considered a non-pay item.
18. Testing shall be performed by the Town of Westlake. The Contractor shall be
responsible for coordination with the Town's testing firm. The testing shall be in
accordance with requirements of the NCTCOG Standard Specifications.
19. Clearing and grubbing necessary for the construction of the water line shall be the
responsibility of the Contractor. The Town Engineer must approve any tree removal.
20. Tree mitigation shall be performed by the Town.
21. The permanent and temporary construction easements are shown on the construction
plans.
22. The Stormwater Pollution Prevention Plan (SWPPP) shall be prepared by the Town and
is part of the construction plans. The Contractor shall jointly with the Town submit the
Notice Of Intent (NO[) as per federal regulations.
23. Payment, Performance and Maintenance bonds shall be required of the Contractor.
The forms are included with the specifications.
24. A cashier's or certified check or Bid Bond in the amount of 5% of the greatest amount
bid shall be submitted with the bid.
25. The Town shall provide inspection for the project.
01010-2
26. The Contractor shall devote both manpower and equipment to the project on a
continuous basis each and every workday in sufficient quantity to bring the project to
completion without delay. If it is determined the contractor has failed to diligently
prosecute the project, the Town may elect to have the remaining work performed by
another contractor and deduct whatever is paid to the substitute contractor from the
Contractor's contract. Such action may be a basis for the Town Council rejecting a
future bid from said Contractor.
END OF SECTION
01010-3
SECTION 01020
WATER IMPROVEMENTS
PART 1 - GENERAL
1.1. DESCRIPTION
The Contractor shall furnish all labor, equipment and materials to install water system
improvements as outlined and detailed in the civil engineering construction plans. All
improvements shall meet Town of Westlake standard specifications and conform to
NCTCOG specifications and requirements.
PART 2 — MATERIALS
2.1. WATER LINES & FITTINGS
All water line materials including pipes and fittings shall conform with American Water
Works Association (AWWA) standards.
All water lines twelve (12) inches or less in diameter shall be P.V.C. AWWA standard
C900 class 150 (D.R. — 18) and shall be blue in color.
All residential water service lines shall be one (1) inch in diameter and shall be High
Density Polyethylene (HDPE) two-hundred (200) psi (SDR 9) meeting ASTM 2737 and
be installed using compression type fittings.
2.2. FITTINGS
All water fittings shall be either gray or ductile cast iron and shall be cement lined inside
and bituminous coated on the outside and meet ANSI/AWWA-C110/A21.10 and
ANSI/AWWA-C111/A21.11 standards.
Push on joints shall meet ASTM D-3139.
Gaskets shall be neoprene or other synthetic rubber and meet ASTM F-477.
Polyethylene Tube Wrap meeting ANSI/AWWA-C105/A21.5 and ASTM D-1248.
2.3. VALVES
All water line valves for lines twelve (12) inches or less in diameter shall be resilient
seated wedge type gate valves meeting AWWA C509 standards.
All valves shall be full opening, cast iron body with a non-rising stem. Valves shall be
capable of operating at pressures up to two-hundred (200) psi.
All valves shall be manufactured by either Mueller or Waterous.
01020-1
2.4. METER BOXES
All meter boxes for residential service lines and blow-off services shall be modified
polyethylene body and lid which are black in color.
All meter boxes shall be manufactured by DFW Plastics and shall contain a single pre-
drilled access hole in the lid.
Meter boxes shall be sized for single or double meters as shown on plans.
Lids shall have a diamond pattern on top and AMR Slide Mount(s) moulded into the
under side.
PART 3 - EXECUTION
3.1. INSTALLATION
All installation shall be in conformance with and meet the latest NCTCOG standards with
modifications by the Town of Westlake.
Trench safety shall be the responsibility of the contractor and the trench safety plan
shall be provided to the Town of Westlake prior to construction.
All water lines shall maintain a minimum cover of forty-two (42) inches from top of the
pipe to finished ground grade.
All water line installation shall be by open cut method unless otherwise noted on the
construction plans.
All water service lines which cross streets and/or driveways shall be installed by boring
using a pneumatic air missle or by horizontal directional drilling. No open cutting
pavement for service lines.
3.2. MEASUREMENT AND PAYMENT
All payment shall be made in accordance with the proposal section in this contract. All
items not specifically listed as a bid item shall be considered subsidiary to the bid items.
No additional payment will be made.
The Town reserves the right to make modifications to the plans to work with the existing
conditions of the project site and either adjust quantity of bid items or delete bid items as
necessary. There is no limit to which the quantity of a bid item can be increased or
decreased. The Contractor shall not be entitled to renegociation of unit pricing
regardless of final measured installed quantities.
END OF SECTION
01020-2
SECTION 01030
STEEL CASING INSTALLATION
PART 1 - GENERAL
1.1. DESCRIPTION
The Contractor shall furnish and install a steel casing to contain the proposed 8" water
line and proposed 6" water line at the locations and grades shown on the plans.
PART 2 - MATERIALS
2.1. CASING PIPE
Casing pipe shall be steel conforming to Item 2.12.9 STEEL PIPE AND FITTINGS of the
NCTCOG Standard Specifications. The wall thickness shall be a minimum of 0.25-inch.
2.2. CASING SPACERS (SPACER BLOCKS)
Carrier pipe spacers shall be of the sleeve-type that fully encircles the pipe and has
runners to insulate the carrier pipe from the casing. Casing spacers shall be
manufactured in accordance with the NACE International Recommended Practice RP
0286-97. The band shall be 14-gage carbon steel and the runner shall be high pressure
molded glass reinforced polyester.
Spacers shall be manufactured by Pipeline Seal & Insulator, Inc., Houston, Texas;
Power Seal Pipeline Products, Inc., Wichita Falls, Texas or an approved equal.
PART 3 — EXECUTION
3.1 GENERAL
Casing pipes shall be installed by one of three methods as indicated on the plans: split,
open cut and bored.
3.2 SPLIT CASING INSTALLATION
A split casing shall be installed around existing water lines as indicated on the plans.
The steel casing shall be cut in half and installed around the existing carrier pipe
including the casing spacers. The structural integrity of the existing line should not be
disturbed during the installation process. The split casing shall be welded together full-
length so as to prevent the infiltration of soil and other debris. The casing shall be
capped on both ends as indicated on the plans.
3.3 OPEN CUT INSTALLATION
Casings installed by open-cut shall comply with all other requirements of these
specifications with the exception of boring details.
01030-1
3.4 BORED INSTALLATION
Casing installation by boring shall conform to Item 6.4 JACKING, BORING OR
TUNNELING of the NCTCOG Standard Specifications.
3.5 CASING SPACERS
Casing insulators shall be installed at the spacing recommended by the manufacturer,
but in no case shall be greater than ten (10) feet center to center.
END OF SECTION
01030-2
SECTION 01040
TEMPORARY WATER
PART 1 - GENERAL
1.1. DESCRIPTION
The Contractor shall be required to furnish a water meter for metering all water used on
this project. The Contractor shall pay for all water used on this project directly to the
Town of Westlake when the job is completed and before final acceptance by the Town
Engineer.
END OF SECTION
01040-1
SECTION 01050
FLAGMEN
PART 1 - GENERAL
1.1. DESCRIPTION
The Contractor shall provide and maintain flagmen at such points and for such periods
of time as may be required to provide for the safety and convenience of public traffic
and the Contractor's personnel, and as directed by the Engineer.
1.2. QUALIFICATIONS
Flagmen shall be English speaking, courteous, well informed, physically and mentally
able to effectively perform their duties in safeguarding and directing traffic and
protecting the work and shall be neatly attired and groomed at all times when on duty.
PART 2 - EXECUTION
2.1. PROCEDURE
Flagmen, when directing traffic, shall use the standard signs and signals in accordance
with the "TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES FOR
STREETS AND HIGHWAYS", a publication of the Texas Department of Transportation,
Austin, Texas.
2.2. MEASUREMENT AND PAYMENT
No separate payment will be made for traffic control.
END OF SECTION
01050-1
SECTION 01060
DUST CONTROL
PART 1 - GENERAL
1.1. DESCRIPTION
When directed by the Engineer, the Contractor shall sprinkle areas where dusty
conditions create a nuisance or hazard within the limits of this project.
1.2. MEASUREMENT AND PAYMENT
No separate measurement and payment will be made for sprinkling.
END OF SECTION
01060-1
SECTION 01070
PROGRESS REPORT
PART 1 - GENERAL
1.1. DESCRIPTION
The Contractor shall prepare a progress report and a schedule bar chart based upon
date of notice to proceed. This chart shall list the major items in sequence of
construction and their estimated times of completion. An updated chart shall be
submitted each month to the Public Works Director and Town Engineer.
1.2. SUBMITTAL
A preliminary schedule chart shall be submitted at or before the Pre-Construction
Conference. The Contractor shall submit an updated progress report and schedule bar
chart each month prior to the scheduled date that the Town processes the Contractor's
monthly estimate for the duration of the contract.
END OF SECTION
01070-1
SECTION 01080
SOLID WASTE DISPOSAL
PART 1 - GENERAL
1.1. DESCRIPTION
The Contractor shall dispose of all refuse at a Texas Department of Health (TDH)
approved landfill.
A list of all landfills having a TDH permit is available at the Arlington Office of TDH. The
North Central Texas Council of Governments (NCTCOG) has prepared a list of all
landfills in the NCTCOG region. Several private regional landfills are available in the
NCTCOG area. The contractor shall determine which method best fits the project
requirements.
Alternately, the Contractor may arrange with Trinity Waste Systems to simply supply a
roll-off bin for disposal purposes.
END OF SECTION
01080-1
SECTION 01090
CLEAN-UP
PART 1 - GENERAL
1.1. DESCRIPTION
A. The Contractor shall perform such clean-up work as is deemed necessary by the
Engineer.
B. The work shall at all times present a neat and orderly appearance, and all cleaning
up shall be completed and all construction machinery and equipment, surplus
materials, supplies and debris shall be removed from the street or right-of-way prior
to acceptance of the final work by the Engineer. The Contractor shall be responsible
for final clean-up, which may be necessitated by his operations on the right-of-way
outside the limits of his work.
C. The Contractor shall maintain all drainage structures within the project limits. All
drainage structures shall remain free and clear of debris, mud, etc. during
construction and shall be thoroughly cleaned at the end of said construction. All
disturbed drainage ditches, road side ditches or earthen channels shall be reshaped
or graded to provide the necessary drainage to match original contours. No pay
item is provided for cleaning of drainage structures or restoration of same.
1.2. MEASUREMENT AND PAYMENT
No pay item is provided for clean-up. If, in the opinion of the Engineer, the Contractor is
not providing adequate clean-up, 10% of the total work performed may be withheld, for
the purpose of clean-up. This is to assure the Owner that acceptable clean-up follows as
soon as possible after the installation of said improvements. At the completion of clean-
up, the 10% withheld for said purpose, will be released. The 10% retained for clean-up
is in addition to the normal retainage for all items in the project.
END OF SECTION
01090-1
SECTION 01100
HYDRO-MULCH SEEDING
PART 1 — GENERAL
1.1 DESCRIPTION
This item shall consist of preparing ground, providing, and planting seed, or a mixture of
seeds, of the kind specified along and across such areas as are designated by the Town
Engineer.
1.2 PLANTING SEASON
Planting of hulled Bermuda grass seed shall be done between the months of April
through September. The density of seeds planted shall be 80 pounds per acre. A blend
of 30 pounds Rye grass and 40 pounds unhulled Bermuda may be used between the
months of February through April, if approved by the Town Engineer. Seeding to be
used between September and February will be 50 pounds per acre of rye grass if
approved by Town Engineer.
PART 2 - MATERIALS
2.1 GENERAL
The type seed used shall be in accordance with NCTCOG Specifications, Section 3.10,
and approved by the Engineer and Owner. All seed must carry a Texas Seed Label
showing purity and germination, name and type of seed and that the seed meets all
requirements of the Texas Seed Law. Seed furnished shall be of the previous season's
crop and the date of analysis shown on each tag shall be within 9 months of the time of
delivery to the project. Each variety of seed shall be furnished and delivered in separate
bags or containers. A sample of each variety of seed shall be furnished for analysis and
testing when directed by the Engineer. Grass seed shall equal or exceed 95% purity
and 90% germination. The type seed shall be submitted to the Engineer for approval
prior to hydro-mulching.
2.2 HYDRO-MULCH
A. Seed: Common Bermuda Grass (Cynodon dactylon): Extra fancy, hulled and
treated lawn type seed with purity of 95% of better and germination of 85% or
better, and per requirements of Texas Seed Law. Weed content less than 1/2%.
No noxious weeds.
B. Virgin wood cellulose fiber for hydro-mulch: Weyerhauser or Conweb with green
color additive.
2.3 FERTILIZER (Subsidiary to Seeding Item)
A. Uniform composition.
B. Pelletized.
01100-1
C. Containing the following minimum percentage of plant food by weight:
1. Nitrogen: 15-16%
2. Phosphoric Acid: 4-5%
3. Potash: 8-10%
D. The fertilizer shall be delivered to the site in bag or other convenient containers,
each fully labeled, conforming to the applicable state fertilizer laws, and bearing
the name, trade name or trademark, and warranty of the producer.
2.4 MULCH
A. Maximum Moisture Content . . . . . . . . . . . . . . . . . . . . . . . . . . .12% ± 3%, VTM-47
B. Cellulose Fiber Content . . . . . . . . . . . . . . . . . . . . . . . . 98.6% ± 2%, ASTM D-586
C. Ash Content . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1.6% MAXIMUM, ASTM D-586
D. PH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.5 ± 1
E. Minimum Water Holding Capacity . . . . . . . . . . . . . . . . . 90% MINIMUM, VTM-46
F. Mulch shall be dyed green with a biodegradable dye that does not inhibit plant
growth.
G. Wood fiber mulch shall be packaged in units not exceed 100 lbs. The package
shall contain current labels, the manufacturer's name and the net weight.
2.5 TACKIFIER
A. Terra Tack AR or Terra Tack 11 as manufactured by Grass Growers, 424 Cottage
Place, Plainfield, New Jersey 02060.
B. Water: Potable, available on-site. Contractor shall furnish temporary hoses and
connections as required. Contractor shall pay for all water until Final
Acceptance.
PART 3 - EXECUTION
3.1 CONSTRUCTION METHODS
A. General: The designated areas shall be raked, leveled and fine graded as
necessary to provide a smooth uniform grade, free of ruts, depressions, humps
and objectionable soil clods prior to seeding. The area shall also be free of
weeds, rubbish, and building materials. Any low areas shall also be filled to
prevent ponding. All particles in the seedbed shall be reduced to less than one
inch (V) in diameter or they shall be removed. The area to be seeded shall be
loosened or disked prior to placement of seed in areas that appear to be overly
compacted or to destroy existing vegetation at the direction of the Town Engineer
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or his authorized representative. The cost of any chemical treatment to the soil
in order to establish a uniform stand of grass will be subsidiary to "Hydro-mulch
Seeding". Seeding of the type specified shall be performed in accordance with
the requirements in NCTCOG Specification 3.10 except as hereinafter described.
B. Watering: The seeded areas shall be watered as necessary (including temporary
irrigation) to establish grass as described in the "Establishment and Acceptance
of Seeding" section.
C. Hydro-Mulch Seeding: In accordance with NCTCOG Specification 3.10.7.
Alternate methods for placement of seed may be used if approved by the
Engineer.
3.2 APPLICATION (Hydro-mulch Seed Only)
A. Apply hydro-mulch material with approved spray applicator equipment suitable
for the seed, mulch and stabilizer specified.
B. Apply materials at the following rates:
1. Mulch with tackifier: 1,600 pounds per acre (36.75 lbs/1000 s. f.).
2. Fertilizer: 523 pounds per acre (12.0 lbs./1000 s. f.).
3. Hulled Common Bermuda Grass: 87 pounds per acre (2 lbs/1000 s. f.).
4. Tackifier: as specified by manufacturer.
C. Water all hydro-mulched areas to a minimum depth of 4 inches.
3.3 ESTABLISHMENT AND ACCEPTANCE OF SEEDING
Regardless of unseasonable climatic conditions or other adverse conditions affecting
planting operations and the growth of the grass, it shall be the sole responsibility of the
Contractor to establish a uniform stand of grass as herein specified. When adverse
conditions such as drought, cold weather, high winds, excessive precipitation, or other
factors prevail to such an extent that satisfactory results are unlikely, the Owner may, at
his own discretion, stop any phase of the work until conditions change to favor the
establishment of grass. The Contractor shall be responsible for mowing until
acceptance by Owner.
3.4 UNIFORM STAND OF GRASS
A uniform stand with complete coverage of the specified grass shall be defined as not
less than one hundred fifty (150) growing plants per square foot seeded. Growing plants
shall be defined as healthy grass plants of two blades or more at least 2 inches tall.
3.5 POST-PLANTING MAINTENANCE
Maintenance shall begin immediately after each portion of grass area is planted. It will
be the Contractor's responsibility to maintain the existing grades and leave them in a
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true and even condition after planting. The Contractor may also, at the sole expense of
the Contractor, establish temporary turf to provide erosion control. All planted areas will
be protected and maintained by watering, weed control, mowing, and replanting as
necessary for at least thirty (30) days after initial planting and for as much longer as
necessary to establish a UNIFORM STAND WITH COMPLETE COVERAGE OF THE
SPECIFIED GRASS.
3.6 MEASUREMENT
Work and acceptable material for Hydro-mulch Seeding will be measured by the acre,
complete in place.
3.7 PAYMENT
The work performed and materials furnished will be paid for at the unit price bid, which
price shall be full compensation for furnishing all materials and for performing all
operations necessary to complete the work, including fertilizer. Once a "uniform stand of
grass" is provided, the City will make payment for the seeding. See the definition of
"uniform stand of grass" in Paragraph 3.4 above.
END OF SECTION
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SPECIAL CONDITIONS
I. Owner:
1) The Owner as referred to in these documents(also known as the Town)is
Town of Westlake
3 Village Circle, Suite 207
Westlake, Texas 76262
THE OWNER may elect to use any combination of bid items in this proposal.
The Standard Specifications for Public Works Construction as published by the North Central
Texas Council of Govemments will be a part of these specifications as if they were bound within.
The Contractor will be required to be familiar with these specifications that may be purchased
through: North Central Texas Council of Governments, P.O. Drawer COG, Arlington, Texas
76005-3300 Phone(817) 640-3300.
THE CONTRACTOR will then have full responsibility for proper construction as required to
obtain final Certificate of Acceptance from the Town Engineer.
The successful bidder shall enter into a contract with the Owner to perform the specified work.
II. The Engineer:
Graham Associates, Inc., 600 Six Flags Drive, Suite 500, Arlington, Texas 76011, has been
retained by the Town to prepare the Specifications, and Contract Documents for the Stage Coach
Hills Water Improvements Project. They are responsible also for final measurements, approving
final and partial pay estimates, and for the general administration of the project during the
construction.
They are the"Engineer" referred to in the "General Conditions of Agreement" contained in these
Contract Documents. However, they are not responsible for on-site inspections and laboratory
testing,which are provided for elsewhere by the Owner.
III. Inspections:
All work shall be subject to approval by the Town Inspector. The Town Inspector has the
authority to inspect and perform any tests he deems necessary.
The Contractor shall notify the Town Inspector 24 hours prior to beginning construction. The
Contractor shall notify the Town Inspector 72 hours prior to any construction on weekends or
holidays.
IV. Insurance:
The Contractor will carry Workmen's Compensation Insurance, Public Liability and Property
Damage Insurance, and Automobile Insurance sufficient to provide adequate protection against
damage claims which may arise from operations under this Contract in compliance with the
following:
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XIII. Traffic Control Plan
The Contractor shall be responsible for developing and maintaining a traffic control plan for this
project. This plan shall accommodate one thru lane of traffic during construction hours (7:00
a.m. to 6:00 p.m.) and two lanes during non-construction hours (6:00 p.m. to 7:00 a.m.). All cost
associated with the implementation of this plan including all required materials and labor (i.e_,
crushed stone base material for temporary roadway, flagmen, etc.) shall be included under the bid
item for traffic control plan in the proposal. All traffic control shall be in accordance with the
1980 Texas Manual of Uniform Traffic Control Devices.
XIV. Storm Water Pollution Prevention Plan
The Contractor shall be responsible for the preparation of a "Storm Water Pollution Prevention
Plan" and Notice of Intent in accordance with the Environmental Protection Agency (EPA),
National Pollutant Discharge Elimination System (NPDES) General Permit Requirements. The
Contractor shall provide copies of the Storm Water Pollution Prevention Plan, N.O.I., and
Inspection Reports, and N_O.T. to the Engineer. All costs associated with the preparation and
implementation of this plan, including all required materials, labor, supervision, etc. shall be
included under the bid item for"Erosion Control Plan" in the proposal_
XV. The contractor shall be responsible for providing all construction water.
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