East Dietz Creek Channel Improvements #14-PW-52-C-03 2PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, , as Principal herein, and (2)
a corporation organized and existing under the laws of the
State of Texas and who is authorized and admitted to use surety bonds in the State of Texas, as
surety, are held and firmly bound unto the City of Schertz, Texas, a municipal corporation with
its principal location of 1400 Schertz Parkway, Schertz, Texas, Guadalupe County, Obligee
herein, in the amount of [printed amount of bond] Dollars ($[numeric amount of bond] for the
payment whereof, the said Principal and Surety bind themselves and their heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents:
WHEREAS, the Principal has entered into a certain written contract with the Obligee
dated the day of , 20_, which contract is hereby referred to herein
as "the Contract" and is incorporated herein to the same extent as if copied at length, for the
following project: East Dietz Creek Channel Improvements: Borgfeld Road to 700 -Ft
Downstream.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Principal shall directly or indirectly timely make payment to each and every claimant (as
defined in Chapter 2253, Texas Government Code, as amended) supplying labor or materials in
the prosecution of the work under the Contract, then this obligation shall be void; otherwise, to
remain in full force and effect. This obligation may be enforced by the Obligee in the event of
bankruptcy or default by Principal in payments to suppliers of labor or materials in the
prosecution of the work under the Contract, in either of which events the Surety shall make such
payments as Principal has failed to pay and as may be required to complete the work under the
contract. The Surety stipulates and agrees that no change, extension of time, alteration,
omission, addition or other modification to the terms of the Contract will affect its obligations on
this bond, and it hereby waives notice of any such changes, extensions of time, alterations,
omissions, additions, or other modifications, to the Contract or to related subcontracts, purchase
orders or other obligations, and any notices provided in such regard shall not create as to any
parry a duty related thereto.
PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the
Texas Government Code, as amended, and all rights and liabilities on this bond shall be
PYB -1 Payment Bond
determined in accordance with the provisions of said statute, to the same extent as if it were
copied at length herein. All notices shall be delivered in writing to the addresses shown below or
to addresses provided in the Contract Documents.
IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the
Surety have executed this instrument.
SIGNED and SEALED this day of , 20.
The date of bond shall not be prior to date of Contract.
ATTEST:
(Principal) Secretary
PRINCIPAL
By:
Name:
Title:
(S E A L) Address:
Witness as to Principal
ATTEST:
Secretary
(S E A L)
Witness as to Surety
Telephone Number:
SURETY
By:
Name:
Attorney in Fact
Address:
Telephone Number:
An original copy of Power of Attorney shall be attached to Bond by the Attorney -in -Fact.
PYB -2 Payment Bond
Approved as to Form:
City of Schertz
1400 Schertz Parkway
Schertz, Texas 78154
By: John C. Kessell
Title: City Manager
Date:
PYB -3
Payment Bond
STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR
FOR SMALL CIVIL PROJECT
This Agreement is made and entered into as of the day of , 2014 by and between the:
"OWNER"
The City of Schertz
[insert address]
[insert phone and fax numbers]
and
"CONTRACTOR"
[name of Contractor]
[address]
[phone and fax numbers]
for the following Project:
Borgfield Road Dietz Project
[insert name and brief description of the Project]
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TABLE OF CONTENTS OF AGREEMENT
Article
Number & Title
Page
Number
1.
PRELIMINARY MATTERS .................................................................................................. ..............................3
2.
GENERAL PROVISIONS ..................................................................................................... ..............................3
3.
CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ........................................... ..............................4
4.
AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL
CONDITIONS; REFERENCE POINTS ................................................................................. ..............................4
5.
BONDS AND INSURANCE .................................................................................................. ..............................6
6.
CONTRACTOR'S RESPONSIBILITIES ............................................................................... ..............................7
7.
OTHER WORK ....................................................................................................................... .............................11
8.
OWNER'S RESPONSIBILITIES ............................................................................................ .............................11
9.
ENGINEER STATUS DURING CONSTRUCTION .............................................................. .............................11
10.
CHANGES IN THE WORK .................................................................................................... .............................12
11.
CHANGE OF CONTRACT AMOUNT .................................................................................. .............................12
12.
CHANGE OF CONTRACT TIMES ....................................................................................... .............................12
13.
TESTS AND INSPECTIONS; AND CORRECTION
OR REMOVAL OF DEFECTIVE WORK ............................................................................ ...............................
13
14.
PAYMENTS TO CONTRACTOR AND COMPLETION ...................................................... .............................14
15.
TERMINATION ...................................................................................................................... .............................16
16.
DISPUTE RESOLUTION ....................................................................................................... .............................17
17.
MISCELLANEOUS ................................................................................................................ .............................17
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ARTICLE 1 - PRELIMINARY MATTERS
1.1 Before Starting Construction:
Execution of the Contract by the CONTRACTOR is a representation that the CONTRACTOR has visited the site,
become familiar with local conditions under which the Work is to be performed and correlated personal
observations with requirements of the Contract Documents. The CONTRACTOR shall promptly report in writing
to OWNER & ENGINEER any conflict, error, ambiguity or discrepancy which the CONTRACTOR may
discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any
Work affected thereby.
1.2 CONTRACTOR's Construction Schedule
1.2.1 The CONTRACTOR, promptly after being awarded the Contract, shall prepare and submit for the
OWNER's and ENGINEER's information a CONTRACTOR's construction schedule for the Work. Thereafter, the
CONTRACTOR shall prepare and update the construction schedule on a monthly basis, if not more frequently at the
CONTRACTOR's discretion, to be submitted to the OWNER with each application for Payment.
1.2.2 Unless otherwise directed, the CONTRACTOR shall adhere to the progress schedule. Proposed
adjustments in the progress schedule that will change the Contract Times or Milestones shall be submitted in
accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Time
Extension Request in accordance with Article 12.
ARTICLE 2 — GENERAL PROVISIONS
2.1 The Work of this Contract
2.1.1 Unless otherwise provided in these Contract Documents, the CONTRACTOR shall be responsible for
performing or causing to be performed all Work including labor and materials, necessary to build, construct, erect
and equip in accordance with the Contract Documents and at its own proper cost and expenses to furnish all the
materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and
services necessary to complete the said construction, in accordance with the conditions and prices stated in the
Proposal attached hereto.
2.2 Contract Time and Completion
2.2.1 The date of commencement of the Work shall be stated in a Notice to Proceed issued by the Owner.
2.2.2 The Contract Time shall be measured from the date of commencement.
2.2.3 Time is of the essence in all phases of the Work. It is specifically understood and agreed to by and between
OWNER and CONTRACTOR that time is of the essence in the substantial completion of the Work, and that failure
to substantially complete the Work within the designated period, or as it may be extended, shall be construed as a
breach of this Agreement.
2.3 Substantial Completion
The CONTRACTOR shall achieve Substantial Completion of the entire Work not later than [insert days to
complete] calendar days from the date of commencement, subject to and adjustments of this Contract Time as
provided in the Contract Documents and Changer Orders modifying and extending this Agreement.
2.4 Final Completion
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2.4.1 Timely final completion is an essential condition of this contract. CONTRACTOR agrees to achieve final
completion of the Work within 30 days of substantial completion.
2.5 Contract Sum
2.5.1 The OWNER shall pay the CONTRACTOR the Contract Sum in current funds for the CONTRACTOR's
performance of the Contract. The Contract Sum shall [insert written total] ([insert numerical total]) subject to
additions and deductions as provided in the Contract Documents.
2.5.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract
Documents and are hereby accepted by the OWNER:
[alternate if any]
[alternate if any]
2.5.3 Unit prices, if any:
[insert any unit price items and descriptions]
ktem
[unit price item]
Units and Limitations
[unit]
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
3.1 Contract Documents
Price Per Unit ($0.00)
[price]
3.1.1 The CONTRACTOR shall complete with Work described in the Contract Documents for the Project. The
Contract Documents consist of
.1 This Agreement signed by the OWNER and CONTRACTOR;
.2 The drawings and specifications prepared by the ENGINEER dated and enumerated as
follows:
.3 Addenda prepared by the ENGINEER as follows:
.4 Written orders for changes in the Work issued after execution of this Agreement; and
.5 Other documents, if any, identified as follows:
FAM
3.2 Reporting and Resolving Discrepancies:
3.2.1 If, during the performance of the Work, the CONTRACTOR discovers any conflict, error, ambiguity or
discrepancy within the Contract Documents or between the Contract Documents and any provisions of any
such law or regulation applicable to the performance of the Work or of any such standard, specification, manual
or code or instructions of any Supplier, the CONTRACTOR shall immediately report it to ENGINEER in writing,
and the CONTRACTOR shall not proceed with the Work affected thereby until an amendment or supplement to
the Contract Documents has been issued
ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS
4.1 Availability of Lands:
4.1.1 The OWNER shall furnish, as indicated in the Contract Documents, all required rights to use the
lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other
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lands which are designated for the use of the CONTRACTOR. The OWNER shall identify any encumbrances or
restrictions not of general application but specifically related to use of lands so furnished with which the
CONTRACTOR will have to comply in performing the Work.
4.2 Subsurface and Physical Conditions:
4.2.1 CONTRACTOR accepts the responsibility to satisfy itself as to the soil conditions and nature and type of
geological formations in and through which this Project will be constructed. Such information as may be obtained
from the test borings and accompanying notations shown on the plans is merely for the guidance of the
CONTRACTOR and is not to be construed in any manner as a guarantee by the OWNER that such conditions of
sub - surface strata are infallible.
4.2.2 The CONTRACTOR hereby represents and covenants that it has examined the site of the proposed Work
and is familiar with all of the conditions surrounding construction of the Project, having conducted all
inquiries, tests and investigations deemed necessary and proper.
4.2.3 CONTRACTOR waives any and all rights to make a claim against OWNER relating to representations
related to geotechnical data provided in the contract documents, plans and specifications. CONTRACTOR shall
make its own interpretation of the character and condition of the materials, which will be encountered.
CONTRACTOR may, at its own expense, make additional surveys and investigations as it may deem necessary to
determine conditions, which will affect performance of the Work.
If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical
conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical
conditions of an unusual nature, that differ materially from those normally encountered in the type of work being
performed under this Contract, then notice by the observing party shall be given to the other party promptly before
conditions are disturbed and in no event later than seven (7) calendar days after first observance of the
conditions. ENGINEER will promptly investigate such conditions and, if they differ materially and cause an
increase or decrease in the CONTRACTOR's cost of, or time required for, performance of any part of the Work,
will recommend an equitable adjustment in the Contract Amount or Contract Time, or both.
4.2.4 CONTRACTOR shall be solely responsible for the location and protection of any and all public lines
and utility customer service lines in the Work area. Generally, existing service connections within right -of -way or
easements are not shown on the Drawings. The CONTRACTOR shall notify the OWNER and "One Call" and
exercise due care to locate and to mark, uncover or otherwise protect all such lines in the construction zone and
any of the CONTRACTOR's work or storage areas. The CONTRACTOR's obligation hereunder shall be
primary and nondelegable. The CONTRACTOR shall be liable for any expenses or costs (including fines that
may be levied against the OWNER) that may result from unauthorized or accidental damage to all public lines
and utility customer service lines in the Work area.
4.3 Reference Points:
4.3.1 Unless otherwise specified, the OWNER will furnish all reference points, benchmarks, survey
monuments, and control points which, in the OWNER's opinion, are suitable for laying out the Work.
4.3.2 All reference points, benchmarks, survey monuments and control points shall be carefully preserved
by the CONTRACTOR by use of flags, laths or other appropriate measures and, in case of destruction or removal
by the CONTRACTOR or its employees, such reference points, benchmarks, survey monuments, and control
points shall be replaced by a Registered Professional Land Surveyor at the CONTRACTOR's expense. When
reference points, benchmarks, survey monuments, or control points are in conflict with the Work, the
CONTRACTOR will provide notice of the conflict to ENGINEER and note the location of such on a set of red -lined
drawings to be maintained at all times on the jobsite. Reestablishment will be the OWNER'S responsibility during
or upon completion of the Work.
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4.4 Hazardous Materials:
4.4.1 The OWNER shall be responsible for any hazardous material uncovered or revealed at the site which was
not shown, indicated or identified in the Contract Documents to be within the scope of the Work and which may
present a substantial danger to persons or property exposed thereto in connection with the Work at the site.
4.4.2 The CONTRACTOR shall be responsible for any hazardous materials brought to the site by the
CONTRACTOR, Subcontractor, Suppliers or anyone else for whom the CONTRACTOR is responsible.
ARTICLE 5 - BONDS AND INSURANCE
5.1 CONTRACTOR Insurance Requirements
5.1.1 The CONTRACTOR shall provide CONTRACTOR's general liability and other insurance as
follows:
Type of insurance Limit of liability ($0.00)
Commercial General Liability (Occurrence $1,000,000 Per Occurrence /$2,000,000 General Aggregate
Basis)
Business Auto Liability
$1,000,000 Per Accident
Workers' Compensation and Employer's Statutory Limits
Liability $1,000,000 Each Accident & Disease
5.1.2 General Requirements:
.1 The CONTRACTOR shall obtain an endorsement to its general liability insurance policy to cover the
CONTRACTOR's obligations under Section [_] (Indemnity).
.2 The Contractor shall provide certificates of insurance showing its respective coverage, as provided
above, prior to commencement of the Work.
.3 The OWNER is self - insured and is not required to purchase or maintain liability or property insurance.
.4 The CONTRACTOR shall cause additional insured status to be provided in favor of the OWNER and
the Engineer on the policies required by this Agreement.
.5 CONTRACTOR shall carry insurance in the types and amounts indicated for the duration of the
Contract, which shall include items owned by OWNER in the care, custody and control of
CONTRACTOR prior to and during construction and warranty period.
.6 Where the OWNER is an additional insured shown on any policy, it is intended that policies
required in the Contract, covering both OWNER and CONTRACTOR, shall be considered primary
coverage as applicable.
.7 If insurance policies are not written for amounts specified below, CONTRACTOR shall carry
Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess
Liability Insurance is provided, it shall follow the form of the primary coverage.
.8 CONTRACTOR shall not cause any insurance to be canceled nor permit any insurance to lapse
during the term of the Contract or as required in the Contract.
.9 The insurance coverages required under this contract are required minimums and are not intended to
limit the responsibility or liability of CONTRACTOR.
5.2 Performance and Payment Bonds:
The CONTRACTOR shall provide performance and payment bonds in accordance with chapter 2253 of the Texas
Government Code.
CVLr11
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
6.1 Supervision and Superintendence:
6.1.1 The CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently,
devoting such attention thereto and applying such skills and expertise as may be necessary to perform the
Work in accordance with the Contract Documents. The CONTRACTOR shall be solely responsible for the
means, methods, techniques, sequences and procedures of construction.
6.2 Labor, Materials and Equipment:
6.2.1 The CONTRACTOR agrees to employ only orderly and competent workers, skillful in performance of
the type of Work required under this Contract. The CONTRACTOR shall at all times maintain good discipline
and order on or off the site in all matters pertaining to the Project.
6.2.2 CONTRACTOR shall provide and pay for labor in accordance with the prevailing wage in the locality and
shall not pay less than the prevailing wage.
6.2.3 Unless otherwise specified, the CONTRACTOR shall provide and pay for all materials, equipment,
labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat,
telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the
furnishing, performance, re- testing of defective work, start-up and completion of the Work.
6.2.4 All materials and equipment shall be of good quality and new, except as otherwise provided in the
Contract Documents. If required by OWNER, the CONTRACTOR shall furnish satisfactory evidence (reports of
required tests, manufacturer's certificates of compliance with material requirements, mill reports, etc.) as to the
kind, quantity and quality of materials and equipment. All materials and equipment shall be applied, installed,
connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier,
except as otherwise provided in the Contract Documents. All special or manufacturer's warranties required by
the specifications shall expressly run to the benefit of the OWNER.
6.3 Submittals and Allowances; Shop Drawings, Product Data and Samples; Substitutions and
"Approved Equal" Items:
6.3.1 The CONTRACTOR shall promptly review, approve in writing and submit to the ENGINEER Shop
Drawings, Product Data, Samples and similar submittals required by the Contract Documents.
6.3.2 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose
is to demonstrate the way by which the CONTRACTOR proposes to conform to the information given and the
design concept expressed in the Contract Documents for those portions of the Work for which the Contract
Documents require submittals.
6.3.3 Submittal Procedures for Shop Drawings and Samples: CONTRACTOR shall submit Shop Drawings and
Samples to ENGINEER for review and approval in accordance with the accepted Schedule of Submittals. Each
submittal will be identified as ENGINEER may require.
1 Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of
Submittals, any related Work performed prior to ENGINEER's review and approval of the pertinent
submittal will be at the sole expense and responsibility of CONTRACTOR.
.2 After review and approval of Submittal, Shop Drawing or Sample by ENGINEER in accordance with
this section, CONTRACTOR may rely on the information provided by ENGINEER. Work performed
in accordance with an approved Submittal, Shop Drawing, or Sample and the Contract Documents will
be presumed to be acceptable to OWNER unless an actual defect in the Work is discovered.
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6.4 Concerning Subcontractors, Suppliers and Others:
6.4.1 Assignment: The CONTRACTOR shall not assign this Contract without the prior written consent of the
OWNER.
6.4.2 Award of Subcontracts for Portions of the Work: The CONTRACTOR shall not employ any Subcontractor,
Supplier or other person or organization, whether initially or as a substitute, against whom the OWNER may have
reasonable objection. The CONTRACTOR must provide the OWNER with a list of all Subcontractors,
Suppliers, or other persons or organizations it intends to use in the Work, and such list must be provided as
soon as practicable after award of the Contract.
6.4.3 The CONTRACTOR shall enter into written agreements with all Subcontractors and Suppliers which
specifically bind the Subcontractors or Suppliers to the applicable terms and conditions of the Contract
Documents for the benefit of the OWNER.
6.4.4 The CONTRACTOR shall be fully responsible to the OWNER for all acts and omissions of the
Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a
direct or indirect contract with the CONTRACTOR just as the CONTRACTOR is responsible for the
CONTRACTOR's own acts and omissions.
6.4.5 The CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of
Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a
direct or indirect contract with the CONTRACTOR. The CONTRACTOR shall require all Subcontractors,
Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate
with the OWNER through the CONTRACTOR.
6.5 Permits, Fees, Laws and Regulations:
6.5.1 Unless otherwise provided in the Contract Documents, the CONTRACTOR shall obtain and pay for all
construction permits, licenses and fees required for prosecution of the Work.
6.5.2 The CONTRACTOR shall give all notices and comply with all laws and regulations applicable to
furnishing and performing the Work. Except where otherwise expressly required by applicable laws and
regulations, neither the OWNER nor ENGINEER shall be responsible for monitoring the CONTRACTOR's
compliance with any laws and regulations.
6.5.3 The CONTRACTOR shall plan and execute its operations in compliance with all applicable Federal, State
and local laws and regulations, including those concerning control and abatement of water pollution and
prevention and control of air pollution.
6.5.4 If the CONTRACTOR performs any Work knowing or having reason to know that it is contrary to laws
or regulations, then the CONTRACTOR shall bear all claims, costs, losses and damages arising therefrom;
however, it shall not be the CONTRACTOR's primary responsibility to make certain that the Specifications and
Drawings are in accordance with laws and regulations, but this does not relieve the CONTRACTOR of the
CONTRACTOR's obligations under Article 3.
6.6 Taxes:
6.6.1 The CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by the
CONTRACTOR in accordance with the laws and regulations of the State of Texas.
6.6.2 The OWNER is an exempt organization as defined by Chapter 11 of the Texas Tax Code and is thereby
exempt from payment of sales tax. To enjoy the cost - savings benefits of its tax - exempt status, the OWNER will
provide a Tax Exemption Certificate to the CONTRACTOR for use on the Project. The CONTRACTOR shall use
that certificate to exempt any purchases made for the Work from taxes. All savings for the tax - exempt status will be
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passed on to the OWNER by the CONTRACTOR. The CONTRACTOR agrees to bind all SUBCONTRACTORS
of any tier to the obligation to present and use the Tax Exemption Certificate and pass all savings to the OWNER.
6.7 Use of Premises:
6.7.1 The CONTRACTOR shall confine construction equipment, the storage of materials and equipment and
the operations of workers to the site and land and areas identified in and permitted by the Contract Documents
and other land and areas permitted by laws and regulations, rights -of -way, permits and easements, and shall not
unreasonably encumber the premises with construction equipment or other materials or equipment. The
CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the OWNER
or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. THE
CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER, ENGINEER,
ENGINEER'S CONSULTANTS AND ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY IT FROM
AND AGAINST ALL CLAIMS, COSTS, LOSSES AND DAMAGES (INCLUDING COURT COSTS AND
REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RESULTING FROM ANY CLAIM OR
ACTION, LEGAL OR EQUITABLE, BROUGHT BY ANY SUCH OWNER OR OCCUPANT AGAINST THE
OWNER, ENGINEER OR ANY OTHER PARTY INDEMNIFIED HEREUNDER TO THE EXTENT CAUSED
BY OR BASED UPON PERFORMANCE OF THE WORK OR FAILURE TO PERFORM THE WORK.
6.7.2 During the progress of the Work, the CONTRACTOR shall keep the premises free from accumulations
of waste materials, rubbish and other debris resulting from the Work. The CONTRACTOR shall leave the site
clean and ready for occupancy by the OWNER at Substantial Completion.
6.8 Safety and Protection:
6.8.1 The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions
and programs in connection with the Work. The CONTRACTOR shall take all necessary precautions for the
safety of and shall provide the necessary protection to prevent damage, injury or loss to;
.1 all persons on the Work site or who may be affected by the Work;
.2 all the Work and materials and equipment to be incorporated therein, whether in storage on or off the
site; and
.3 other property at the site or adjacent thereto, including but not limited to, trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities and underground facilities not designated for removal,
relocation or replacement in the course of construction.
6.8.2 The CONTRACTOR shall comply with all applicable laws and regulations and shall erect and
maintain all necessary safeguards for such safety and protection.
6.9 Emergencies:
In emergencies affecting the safety or protection of persons or the Work at the site or adjacent thereto, the
CONTRACTOR, without special instruction or authorization from the OWNER or ENGINEER, is obligated to
act reasonably to prevent threatened damage, injury or loss and to mitigate damage or loss to the Work.
6.10 Continuing the Work:
The CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or
disagreements with the OWNER. No Work shall be delayed or postponed pending resolution of any disputes or
disagreements, except as the OWNER and the CONTRACTOR may agree in writing.
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6.11 CONTRACTOR's General Warranty and Guarantee:
6.11.1 The CONTRACTOR warrants and guarantees to the OWNER that all Work will be performed in a good
and workmanlike manner in accordance with the Contract Documents and will not be defective.
6.11.2 The CONTRACTOR's obligation to perform and complete the Work in a good and workmanlike manner in
accordance with the Contract Documents shall be absolute.
6.11.3 The CONTRACTOR warrants and guarantees for one (t) year from Substantial Completion, or for a longer
period if expressly stated in the Contract Documents, the Work. This includes a Warranty and Guarantee against any
and all defects. The CONTRACTOR must correct any and all defects in material and/or workmanship which may
appear during the Warranty and Guarantee period, or any defects that occur within one (1) year of Substantial
Completion even if discovered more than one (1) year after Substantial Completion, by repairing (or replacing with
new items or new materials, if necessary) any such defect at no cost to the OWNER, within a reasonable period of
time, and to the OWNER's satisfaction.
6.12 Indemnification:
6.12.1 THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE OWNER, ITS
OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AGENTS AND CONSULTANTS FROM AND
AGAINST ALL CLAIMS, COSTS, LOSSES AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL
FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS AND OTHER PROFESSIONALS
AND ALL COURT OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RESULTING FROM
THE PERFORMANCE OF THE WORK, PROVIDED THAT ANY SUCH CLAIM, COST, LOSS OR DAMAGE:
.1 IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE OR DEATH, OR TO
INJURY TO OR DESTRUCTION OF TANGIBLE PROPERTY (OTHER THAN THE WORK
ITSELF), INCLUDING THE LOSS OF USE RESULTING THEREFROM, AND
.2 IS CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT ACT OR OMISSION OF THE
CONTRACTOR, ANY SUBCONTRACTOR, ANY SUPPLIER, ANY PERSON OR
ORGANIZATION DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM TO
PERFORM OR FURNISH ANY OF THE WORK OR ANYONE FOR WHOSE ACTS ANY
OF THEM MAY BE LIABLE, REGARDLESS OF WHETHER OR NOT CAUSED IN PART
BY ANY NEGLIGENCE OR OMISSION OF A PERSON OR ENTITY INDEMNIFIED
HEREUNDER OR WHETHER LIABILITY IS IMPOSED UPON SUCH INDEMNIFIED
PARTY BY LAWS AND REGULATIONS REGARDLESS OF THE NEGLIGENCE OF ANY
SUCH PERSON OR ENTITY.
6.12.2 The indemnification obligation under paragraph 6.12.1 shall not be limited in any way by any limitation on
the amount or type of damages, or compensation or benefits payable by or for the CONTRACTOR or any such
Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or
other employee benefit acts.
6.13 Survival of Obligations:
6.13.1 All representations, indemnifications, warranties and guarantees made in, required by or given in
accordance with the Contract Documents, will survive final payment, completion and acceptance of the Work and
termination or completion of the Agreement.
6.14 Force Majeure
If CONTRACTOR's performance or progress is delayed, disrupted, or interfered with by unanticipated
causes not the fault of and beyond the control of OWNER, CONTRACTOR, and those for which they are
responsible, then CONTRACTOR shall be entitled to an equitable adjustment in Contract Times.
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ARTICLE 7 - OTHER WORK
7.1 The OWNER may perform other work related to the Project at the site by the OWNER's own forces, or let
other contracts therefor, or have other work performed by utility owners. The CONTRACTOR shall
coordinate and cooperate with the OWNER's own forces and separate contractors employed by the
OWNER. If the CONTRACTOR believes that delay or additional cost is involved because of such action by
the OWNER, the CONTRACTOR may make a Claim as provided in Article 11 or Article 12.
7.2 The CONTRACTOR shall afford other contractors who are in a contract with the OWNER and each utility
owner (and the OWNER, if the OWNER is performing the additional work with the OWNER's employees) proper
and safe access to the site and a reasonable opportunity for the introduction and storage of materials and
equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs.
Unless otherwise provided in the Contract Documents, the CONTRACTOR shall do all cutting, fitting and patching
of the Work that may be required to make its several parts come together properly and integrate with such other
work.
7.3 Unless otherwise stated herein, costs caused by delays or by improperly timed activities or defective
construction shall be borne by the party responsible therefor.
ARTICLE 8 - OWNER'S RESPONSIBILITIES
8.1 Prior to the start of construction, the OWNER will designate in writing a person or entity to act as Owner's
Representative during construction. Except as otherwise provided in these General Conditions, the OWNER
shall issue all communications to the CONTRACTOR through Owner's Representative. This section shall not limit
the ENGINEER'S role as the OWNER's design professional or its ability to communicate with the CONTRACTOR
to ensure the Work complies with the Contract Documents.
8.2 The OWNER will not supervise, direct, control or have authority over or be responsible for the
CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety
precautions and programs incident thereto. The OWNER is not responsible for any failure of the CONTRACTOR
to comply with laws and regulations applicable to furnishing or performing the Work. The OWNER is
not responsible for the CONTRACTOR's failure to perform or furnish the Work in accordance with the
Contract Documents. Failure or omission of the OWNER to discover, or object to or condemn any defective
Work or material shall not release the CONTRACTOR from the obligation to properly and fully perform the
Contract.
ARTICLE 9 - ENGINEER STATUS DURING CONSTRUCTION
9.1 ENGINEER's Authority and Responsibilities:
The duties and responsibilities and the limitations of authority of ENGINEER during construction are set forth in
the Contract Documents and shall not be extended without written consent of the OWNER and
ENGINEER.
9.2 ENGINEER as Owner's Representative:
ENGINEER may be designated the or an as Owner's Representative.
9.3 Visits to Site:
If the OWNER so directs, ENGINEER will make visits to the site at intervals appropriate to the various
stages of construction as is necessary in order to observe as an experienced and qualified design
professional the progress that has been made and the quality of the various aspects of the CONTRACTOR's
executed Work. Based on information obtained during such visits and observations, ENGINEER will
endeavor for the benefit of the OWNER to determine if the Work is proceeding in accordance with the
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Contract Documents and will keep the OWNER informed of the progress of the Work and will endeavor to
guard the OWNER against defective Work.
9.4 Clarifications and Interpretations:
ENGINEER may determine that written clarifications or interpretations of the requirements of the Contract
Documents (in the form of drawings or otherwise) are necessary. The CONTRACTOR may seek a written
clarification or interpretation from the ENGINEER through a written Request for Information (RFI). The
ENGINEER shall respond to all RFI's promptly.
9.5 Rejecting Defective Work:
ENGINEER will recommend that the OWNER disapprove or reject Work which ENGINEER believes to be
defective, or believes will not produce a completed Project that conforms to the Contract Documents or will
prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the
Contract Documents.
ARTICLE 10 - CHANGES IN THE WORK
10.1 Changes:
10.1.1 Without invalidating the Contract and without notice to any surety, the OWNER may, at any time or from
time to time, order additions, deletions or revisions in the Work, the Contract Sum and Contract Time being
adjusted accordingly in writing. Such changes in the Work will be authorized by Change Order, Change Directive
or Field Order.
10.1.2 Except in the case of an emergency as provided in paragraph 6.9, a Change Order or Change
Directive is required before the CONTRACTOR commences any activities associated with a change in the Work
which, in the CONTRACTOR's opinion, will result in a change in the Contract Amount and/or Contract Times.
10.1.3 The OWNER or ENGINEER may authorize minor variations in the Work from the requirements of the
Contract Documents which do not involve an adjustment in the Contract Amount or the Contract Times and are
compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract
Documents. These shall be accomplished by written Field Order and shall be binding on the CONTRACTOR who
shall perform the Work involved promptly.
ARTICLE 11 - CHANGE OF CONTRACT AMOUNT
11.1 The Contract Amount is stated in the Agreement and, including authorized adjustments, is the total
amount payable by the OWNER to the CONTRACTOR for performance of the Work under the Contract
Documents.
11.2 The Contract Amount shall only be changed by a Change Order or Change Directive. Any claim for
an adjustment in the Contract Amount shall be made by Written Notice delivered by the party making the
Claim to the other party promptly (but in no event later than ninety (90) calendar days) after the start of the
occurrence or event giving rise to the Claim and stating the general nature of the Claim.
ARTICLE 12 - CHANGE OF CONTRACT TIMES
12.1 Working Day and Calendar Day Contracts:
12.1.1 The Contract Times (or Milestones) shall only be changed by Change Order or Time Extension Request
duly executed by both the CONTRACTOR and the OWNER. Any claim for an adjustment of the Contract
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Times (or Milestones) shall be made by Written Notice delivered by the party making the Claim to the other
party promptly after the start of the occurrence or event giving rise to the delay and stating the general nature
of the delay. Notice of the extent of the delay with supporting data shall be delivered with the Written
Notice
12.1.2 When the CONTRACTOR is at fault and the OWNER stops the Work so that corrections in the Work can
be made by the CONTRACTOR, then no extension in time will be allowed.
12.1.3 When the CONTRACTOR is prevented from completing any part of the Work within the Contract
Times (or Milestones) due to delay beyond the control of both the OWNER and the CONTRACTOR, an extension
of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be the
CONTRACTOR's sole and exclusive remedy for such delay.
12.2 Calendar Day Contracts:
Under a Calendar Day Contract, CONTRACTOR may also be granted an extension of time because of unusual
inclement weather, which is beyond the normal weather recorded and expected for San Antonio, Texas. Normal
rainfall complied by the State climatologist, based on U.S. Weather Bureau Records for San Antonio, Texas, is
considered a part of the Calendar Day Contract, and is not a justification for an extension of time. Listed as follows
are the mean number of days in which there occurred 0.10 inch or more of precipitation:
JAN
FEB
MAR
APRIL
MAY
JUNE
JULY
AUG
SEPT
OCT
NOV
DEC
3.7
3.4
4.3
3.2
4.8
5.1
3.4
3.1
4.1
4.5
3.4
3.3
Rain days per month in amounts exceeding the number of days shown above may be credited as a Rain Day if a
Claim is made in accordance with the general conditions and meets the following definition: a "Rain Day" is any
day in which a rain event occurs at the site and is sufficient to prevent CONTRACTOR from performing units of
Work critical to maintaining the project schedule.
ARTICLE 13 - TESTS AND INSPECTIONS; AND CORRECTION OR REMOVAL OF DEFECTIVE
WORK
13.1 Notice of Defects:
Prompt notice of all defective Work of which the OWNER or ENGINEER has actual knowledge will be
given to the CONTRACTOR. All defective Work may be rejected or corrected as provided for in Article 13.
13.2 Access to Work:
The OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of the OWNER,
independent testing laboratories and governmental agencies having jurisdiction will have unrestricted physical
access to the Work site for observing, inspecting and testing.
13.3 Tests and Inspections:
13.3.1 The CONTRACTOR shall give timely notice of readiness of the Work for all required inspections, tests or
approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests.
13.3.2 The OWNER shall employ and pay for services of an independent testing laboratory to perform all
inspections, tests or approvals required by the Contract Documents.
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13.4 Uncovering Work:
13.4.1 If any Work (or the work of others) that is to be inspected, tested or approved is covered by the
CONTRACTOR without OWNER's or ENGINEER's concurrence, or if any Work is covered contrary to the
OWNER or ENGINEER's written request, it must, if requested by the OWNER or ENGINEER, be uncovered and
recovered at the CONTRACTOR's expense.
13.4.2 ENGINEER has the authority to require special inspection or testing of the Work, whether or not the Work
is fabricated, installed, or completed.
13.5 OWNER May Stop the Work:
13.5.1 If the Work is defective, or the CONTRACTOR fails to supply sufficient skilled workers or
suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will
conform to the Contract Documents, the OWNER may order the CONTRACTOR to stop the Work, or any portion
thereof, until the cause for such order has been eliminated. However, the right of the OWNER to stop with Work
shall not give rise to a duty of the OWNER to exercise this right for the benefit of the CONTRACTOR or any other
person or entity.
13.5.2 A notice to stop the Work, based on causes listed in 13.5.1, shall not stop calendar or working days
charged to the Project.
13.6 Correction or Removal of Defective Work:
If required by the OWNER, the CONTRACTOR shall promptly, as directed, either correct all defective
Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by OWNER's
Representative, remove it from the site and replace it with Work that is not defective. The CONTRACTOR shall
correct or remove and replace defective Work, or submit a plan of action detailing how the deficiency will be
corrected, within the time frame identified in the notice of defective Work. The CONTRACTOR shall pay all
claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited
to costs of testing and inspections, the cost of uncovering and replacement, compensation for the
ENGINEER's services and expenses as made necessary thereby, and all costs of repair or replacement of work
of others).
13.7 OWNER May Correct Defective Work:
If the CONTRACTOR fails within a reasonable time after Written Notice of the OWNER to correct defective
Work, or to remove and replace rejected Work, or if the CONTRACTOR fails to perform the Work in accordance
with the Contract Documents, or if the CONTRACTOR fails to comply with any other provision of the Contract
Documents, the OWNER may, after seven (7) calendar days' Written Notice to the CONTRACTOR, correct and
remedy any such deficiency. CONTRACTOR shall be liable to OWNER for all claims, costs, losses and damages
incurred or sustained by the OWNER in exercising such rights and remedies will be charged against the
CONTRACTOR.
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION
14.1 Application for Progress Payment:
Not more than once per month, the CONTRACTOR shall submit to ENGINEER for review an Application for
Payment, in a form acceptable to the OWNER, filled out and signed by the CONTRACTOR covering the Work
completed as of the date of the Application and accompanied by such supporting documentation as is required
by the Contract Documents.
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14.2 CONTRACTOR's Warranty of Title:
14.2.1 The CONTRACTOR warrants and guarantees that title to all Work, materials and equipment
covered by any Application for Payment, whether incorporated in the Project or not, will pass to the OWNER
not later than the time of payment to the CONTRACTOR free and clear of all liens.
14.3 Review of Applications for Progress Payment:
ENGINEER will, within seven (7) calendar days after receipt of each Application for Payment, either indicate a
recommendation for payment and forward the Application for processing by the OWNER, or return the
Application to the CONTRACTOR indicating ENGINEER's reasons for refusing to recommend payment. In the
latter case, the CONTRACTOR may make the necessary corrections and resubmit the Application.
14.4 Progress Payments
14.4.1 After the ENGINEER has issued a recommendation for payment, the OWNER shall make payment.
14.4.2 The CONTRACTOR shall promptly pay each subcontractor and supplier, upon receipt of payment from the
OWNER, the amount determined in accordance with the terms of the applicable subcontracts and purchase orders.
14.5 Delayed Payments:
Timeliness and interest on payments due to CONTRACTOR from OWNER are subject to and shall be controlled by
Chapter 2251 of the Texas Government Code.
14.6 Substantial Completion:
14.6.1 Substantial Completion is the stage in the progress of the Work when the Work, or designated portions
thereof, is sufficiently complete in accordance with the Contract Documents so that the OWNER can utilize the
Work for its intended purpose or use.
14.6.2 When the CONTRACTOR considers that the Work, or a portion thereof which the OWNER agrees to
accept separately, is substantially complete, the CONTRACTOR shall notify OWNER and ENGINEER and request
a determination as to whether the Work or designated portion thereof is substantially complete. If OWNER and
ENGINEER consider the Work substantially complete, the ENGINEER will prepare and deliver a certificate of
Substantial Completion, which shall establish the date of Substantial Completion, shall include a punch list of
items to be completed or corrected before final payment.
14.6.3 After Substantial Completion the CONTRACTOR shall promptly begin work on the punch list of items to
be completed or corrected prior to final payment.
14.7 Final Inspection:
Upon Written Notice from the CONTRACTOR that the entire Work or an agreed portion thereof is complete,
ENGINEER will make a final inspection with the CONTRACTOR and provide Written Notice of all particulars
in which this inspection reveals that the Work is incomplete or defective. The CONTRACTOR shall
immediately take such measures as are necessary to complete such Work or remedy such deficiencies.
14.8 Final Application for Payment:
The CONTRACTOR may make application for final payment following the procedure for progress payments after
the CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered the
documentation necessary to substantiate the right to payment.
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14.9 Final Payment and Acceptance:
14.9.1 If, on the basis of observation of the Work during construction, final inspection, and review of the final
Application for Payment and accompanying documentation as required by the Contract Documents,
ENGINEER is satisfied that the Work has been completed and the CONTRACTOR's other obligations under the
Contract Documents have been fulfilled, ENGINEER will recommend the final Application for Payment and
thereby notify the OWNER, who will pay to the CONTRACTOR the balance due the CONTRACTOR under
the terms of the Contract.
14.9.2 ENGINEER will issue a letter of final acceptance to the OWNER and CONTRACTOR and must be
acknowledged and accepted by the OWNER, which establishes the Final Completion date.
14.9.3 Final payment shall not become due until the CONTRACTOR submits to the ENGINEER releases and
waivers of liens, and data establishing payment or satisfaction of obligations, such as receipts, claims, security
interests or encumbrances arising out of the Contract.
14.10 Waiver of Claims:
Acceptance of final payment by the CONTRACTOR, a subcontractor or material supplier shall constitute: a waiver
of all claims by that payee against the OWNER other than those previously made in writing and still unsettled.
ARTICLE 15 - TERMINATION
15.1 OWNER May Terminate Without Cause:
The OWNER may, at any time, without cause and without prejudice to any right or remedy of the OWNER,
elect to terminate the Agreement. In such case, the CONTRACTOR shall be paid (without duplication of any
items):
1 for completed and acceptable Work executed in accordance with the Contract Documents prior to the
effective date of termination;
.2 for all claims incurred in settlement of terminated contracts with Suppliers, Subcontractors, and
others. The CONTRACTOR agrees to negotiate in good faith with Subcontractors, Suppliers and
others to mitigate the OWNER's cost; and
.3 for anticipated profits on entire Contract not previously paid.
15.2 OWNER May Terminate With Cause:
15.2.1 Upon the occurrence of any one or more of the following events:
.1 if the CONTRACTOR persistently fails to perform the Work in accordance with the
Contract Documents;
.2 if the CONTRACTOR disregards laws or regulations of any public body having jurisdiction;
.3 if the CONTRACTOR disregards the OWNER's authority;
.4 if the CONTRACTOR fails to maintain a work force adequate to accomplish the Work within
the Contract Time;
.5 if the CONTRACTOR fails to make adequate progress and endangers successful completion of the
Contract; or
.6 if the CONTRACTOR otherwise violates in any substantial way any provisions of the
Contract Documents;
15.2.2 The OWNER may, after giving the CONTRACTOR (and the surety, if any) seven (7) calendar days'
Written Notice terminate the services of the CONTRACTOR. In such case the CONTRACTOR shall not be
entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Amount
exceeds all claims, costs, losses and damages sustained by the OWNER arising out of or resulting from
completing the Work, such excess will be paid to the CONTRACTOR. If such claims, costs, losses and damage
CA 16
exceed such unpaid balance, the CONTRACTOR or surety shall pay the difference to the OWNER. Should
OWNER proceed to complete the Work, CONTRACTOR expressly acknowledges that the OWNER is exempted
from competitive bidding requirements for competition work pursuant to the terms of Texas Local Government Code
Section 252.022.
15.3 CONTRACTOR May Stop Work or Terminate:
If through no act or fault of the CONTRACTOR, the OWNER fails for sixty (60) calendar days after it is
submitted to pay the CONTRACTOR any sum finally determined by the OWNER to be due, then the
CONTRACTOR may, upon fifteen (15) calendar days' Written Notice to the OWNER, and provided the
OWNER does not remedy such failure within that time, terminate the Agreement and recover from the OWNER
payment on the same terms as provided in paragraph 15.1.
ARTICLE 16 - DISPUTE RESOLUTION
16.1 Filing of Claims:
Claims arising from the circumstances identified in the Contract Documents or other occurrences or events, shall
be made by Written Notice delivered by the party making the Claim to the other party within ninety (90) calendar
days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim.
Notice of the amount of the Claim with supporting data if not delivered with the notice, shall be delivered within
thirty (30) calendar days after Written Notice of Claim is delivered by claimant and shall represent that the
adjustment claimed covers all known amounts to which claimant is entitled.
16.2 Alternative Dispute Resolution:
If a dispute exists concerning a Claim, the parties agree to use the following procedure prior to pursuing any other
available remedies. The OWNER reserves the right to include ENGINEER as a party.
16.3 Mediation:
16.3.1 The OWNER and the CONTRACTOR agree to act in good faith in the selection of the mediator and to
give consideration to qualified individuals nominated to act as mediator.
16.3.2 The OWNER and CONTRACTOR may agree to suspend or abate the mediation requirement until such
time that the Project is complete such that multiple claims that might have remained unresolved during the course of
the Project may be negotiated and mediated jointly.
ARTICLE 17 — MISCELLANEOUS
17.1 Venue and Choice of Law:
In the event of any suit at law or in equity involving the Contract, venue shall be in in the district court in the county
in which the Project is located. The laws of the state of Texas shall apply to Contract interpretation and enforcement.
17.2 Extent of Agreement:
This Contract represents the entire and integrated agreement between the OWNER and the CONTRACTOR and
supersedes all prior negotiations, representations or agreements, either written or oral.
17.3 Cumulative Remedies:
The rights and remedies available to the parties are not to be construed in any way as a limitation of any rights
and remedies available to any or all of them which are otherwise imposed or available by laws or regulations, by
CA 17
special warranty or guarantees or by other provisions of the Contract Documents, and the provisions of this
paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each
particular duty, obligation, right and remedy to which they apply.
17.4 Independent Contractor
The Contract shall not be construed as creating an employer /employee relationship, a partnership, or a joint
venture. The CONTRACTOR's services shall be those of an independent contractor. The CONTRACTOR
agrees and understands that the Contract does not grant any rights or privileges established for employees of the
OWNER.
This Agreement is entered into as of the day and year written above ( "The Date of Execution "):
OWNER CONTRACTOR
By: By:
Title: Title:
CA 18
CITY OF SCHERTZ
STANDARD SPECIFICATIONS
Section 01110
1I kA 02 •C.
PART1 GENERAL
1.01 SECTION INCLUDES
SUMMARY OF WORK
A. Summary of the Work including work by the City, City- furnished Products, work
sequence, future work, Contractor use of Premises, special conditions for
substantial completion and City occupancy.
1.02 WORK COVERED BY CONTRACT DOCUMENTS
A. The project will consist of, but not limited to, construction of approximately 700
linear feet of channel improvements for East Dietz Creek immediately south of
Borgfeld Road. The project also includes miscellaneous site work.
1. Replacement of approximately 344 square yards of concrete riprap.
2. Installation of approximately 144 square yards of gabion mattress.
3. Erosion control measures and seeding of the channel.
B. Provide materials, labor, equipment and superintendence for the construction of
the drainage, road, and /or utility improvements in accordance with these
Technical Specifications, Project Plans, and Contract Documents. Contractor's
responsibility includes, but is not limited to, construction sequencing in
accordance with the Contract Documents, quality control of workmanship and
materials, handling of all material, handling and disposal of all waste material,
and compliance with all regulatory standards governing the work.
1.03 ALTERNATES
A. From the following list of Alternates, amount included in Contract Price for only
those Alternates accepted by the City and listed in Notice of Award:
1. Construction of 6 -foot wide concrete pilot channel
1.04 CITY - FURNISHED PRODUCTS
A. Items Furnished by the City for Installation and final connection by Contractor:
Water meter.
B. Contractor's Responsibilities:
1. Arrange and pay for Product delivery to the site.
01110 -1
July 16, 2013
CITY OF SCHERTZ
STANDARD SPECIFICATIONS
SUMMARY OF WORK
2. Receive and unload Products at the site; jointly with the City, inspect for
completeness or damage if required by City.
3. Handle, store, Install, and finish Products.
4. Repair or replace damaged items.
1.05 WORK SEQUENCE
A. Construct work in stages to provide proper coordination with work by others.
Coordinate the construction schedule and operations with the OWNER's
representative. Reference to General Conditions Item 5.15, Sequence of Work.
B. Construct the Work in Phases during the construction period, coordinate
construction schedule and operations with the City:
C. For projects with no Phases, do not disturb more than 50% of total project linear
feet of disturbed right -of -way and easement until site restored in accordance with
Section 01740 — Site Restoration.
D. Coordination of the Work: Refer to Section 01312 - Coordination and Meetings.
E. Contract time for this project shall be 120 calendar days
1.06 CONTRACTOR USE OF PREMISES
A. Comply with procedures for access to the site and Contractor's use of rights -
of -way as specified in Section 01145 - Use of Premises.
B. Construction Operations: Limited to the City's rights -of -way provided by the City
and areas shown or described in the Contract documents.
C. Utility Outages and Shutdown: Provide a minimum of 48 hours notice to the City
and private utility companies (when applicable), excluding weekends and
holidays, in advance of required utility shutdown. Coordinate all work as required.
1.07 STREET CUT ORDINANCE
A. Comply with the latest City of Schertz details.
B. Quantities are included for street cut pavement repair and replacement in
applicable Specification sections for Unit Price contracts.
1. 0 J�::T►
01110 -2
July 16, 2013
CITY OF SCHERTZ
STANDARD SPECIFICATIONS SUMMARY OF WORK
A. Comply with warranty requirements in accordance with General Conditions.
1.09 ADDITIONAL CONDITIONS FOR SUBSTANTIAL COMPLETION
A. In addition to requirements outlined in the General Conditions, for Contractor to
be substantially complete with the Work and call for inspection by Public Works
to confirm, the following conditions must be met or completed:
1. All testing shall be completed and accepted by Public Works.
2. Permanent erosion control measures are in place and cleanup
complete
3. All pay items complete.
PART2P ROD UCTS -Not Used
PART3 EXEC UTION -Not Used
121►1exel9010a9 to] ►1
01110 -3
July 16, 2013