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R-02-05-23-13C4 - 5/23/2002RESOLUTION NO. R- 02- 05- 23 -13C4 WHEREAS, the City of Round Rock has duly advertised for bids for the LaFrontera Downstream Drainage Improvements Project, and WHEREAS, Dayco Construction Company has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Dayco Construction Company, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Dayco Construction Company for the LaFrontera Downstream Drainage Improvements Project. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of May, 20 A TEST: JM,Lthw CHRISTINE R. MARTINEZ, City Secre ry ..00WA \WORLOOX \0: \WOOL[ \RE&OLOTI \R20523C /cC AMP -, - v ✓�� NIWT, WEL , Mayor City of Round Rock, Texas It em 5 Item Description Quantity Measure Per Uint Per Line Item rer umt rer Line item rer um[ rer Line nem Base Bid Yucca Drive I 4- 9'x4'x48' Concrete Box 1 Culvert LS 96,000.00 96,000.00 56,500.00 56,500.01 62,250.00 62,250.00 2 Remove & Replace Street 131 Pavement SY 75.00 9,825.00 68.00 8,908.00 30.00 3,930.00 3 Remove & Replace Curb & 96 Gutter LF 25.00 2,400,00 11.00 1,056.00 34.00 3,264.01 4 Remove & Replace 4' 96 Sidewalk LF 20.00 1,920.00 15.00 1,440.00 32.00 3,072.00 5 Steel Guardrail 100 LF 50.00 5,000.01 29.01 2,900.00 28.00 2,800.00 6 Rock Rip -Rap 100 SF 6.00 600.00 32.50 3,250.00 50.0, 5,000.00 7 Turf Reinforcement Mat 76 SY 20.00 1,520.00 17.00 1,292.01 17.00 1,292.00 8 Gabion Wall 24 SY 200.00 4,800.00 184.00 4,416.0' 346.00 8,304.00 9 Restore & Re- vegetate 1 10 Rock Berm 30 LS LF 500.00 500.00 227.00 + 227.00 ". 800.00 11 800.00 50.00 1,500.00 720.00 I1 Concrete Encsement of 10" 48 WO Line LF 30.00 1,440.00 5 11 240.00 115.00 5,520.00 12 Traffic Control 1 LS 5,000.00 5,000.00 1 500 00 4 000.00 4,000,00 13 Trench Safety 48 LF 10.00 480.00 155 11 14 00 672.00 Sub -Total Yucca Drive (Items 1 -13) 130,985.00 90.369.00 101,624.00 Alternate 14 20" Steel Casing in place of 48 Item 11. LF 60.00 2,880.00 64.00 3,072.00 11 5,520.00 Sub -Total Yucca Drive (Items 1 -13) - Alternate 132,425.00 93,201.00 101,624.00 Parole Saee Drive u 30" RCP CI III 139 LF 100,00 13,900.00 66.00 , 1 11 9,730.00 5' Storm HM 1 EA 7,500.00 7,500.00 5 600.00 5,000.00 2 500.00 2,500.00 Remove & Replace Concrete Aaron 1 LS 750.0' 750.00 690.00 690.00 4,550.00 4,550.00 4 Remove & Replace Street Pavement 70 SY 75.00 5,250.00 130. 50.00 3,500.00 5 Remove & Replace Curb & Gutter 15 LF 25.00 375.00 19.20 34 11 510.00 6 Traffic Control 1 LS 2,500.04 2,500.00 1 500.00 1,500.00 4 000.00 4,000.00 7 Trench Safety 139 LF 10.01' 1,390.01 5 11 14.00 1,946.00 8 Restore & Re- vegetate 1 LS 500.00 500.01 350B0 350.00 800 11 800.00 Sub-Total Purple Sage (Items 1 -8) 32,165.00 27,397.00 27,536.00 Old West Drive I Tx4'x60' Concrete Box Culvert 1 LS 24,000.00 24,000.00 26,500.00 26,500.00 34,075.00 34,075.00 2 Remove & Replace Street Pavement 110 SY 75.00 8,250.00 82.00 9,020.00 1 11 5,500.00 3 Remove & Replace Club & Gutter 74 LF 25.00 1,850.00 6.00 34.00 2,516.00 4 Remove & Replace 4' Sidewalk 74 LF 20.01 1,480.00 15B0 35.00 2,590.00 5 Steel Guardrail 74 LF 50.00 3,700.00 29.00 , 146.00 : 11 2,072.00 6 Gadion Mattress l' thick 64 SY 75.00 4,800.00 78.25 5,008.00 11 11 6,400.00 7 Retain Wall per Plans 1 LS 3,800.00 3,500.00 2 11 00 , 3 500.00 3,500.00 8 Rock Berm 30 LF 50.00 1,500.00 61 1 , 24.00 720.00 9 Traffic Control 1 LS 5,000.04 5,000.00 1 500.00 1,500.01 4 000.0 4,000.01 10 Trench Safety 60 LF 10.00 600.00 11 26.00 1,560.01 11 Restore & Re- vegetate 1 LS 500.00 500.0' 300.00 500.00 500.00 Sub -Total Old West Drive (Items 1 -11) 55,180.00 50,728.00 63,433.00 Total Base Bid 218,330.00 `a'>:49 192,593.00 Materials Other Charges 7 I I - 68 457.55 1235.00 Total M & OC = =--. a!�A9 I 1 192,593.00 I Total Alternate Bid III I 192,593.00 Materials 1 ■■- i1 68,457.55 r Other Cho es 124 135.45 192,593.00 Total M & OC - 1'- Fh32G:'00 Bid Tabulation Sheet Project Name: LaFrontera Downstream Drainage Improvements Bid Date: March 5, 2002 Bid Estimated Unit of Engineers Estimate 11353 Dayco Con traction Company Innovative Concrete • Bill Item it Item Quanta Measure Per Uint Per Line Item Per Uint Per Line item Per Uint Per Line Item Base Bid Yucca Drive 1 4- Culvert 9'x4'x48' Concrete Box LS 72,500.00 72,500.00 65,000.00 65,000.00 91,505.00 91,505.00 2 Remove & Replace Street 131 SY 72.00 9,432.00 142.50 18,667.50 100.00 13,100.00 Pavement 3 Remove & Replace Curb 1 i LF 15.00 1,440.00 16.50 1.584.00 30.00 2,880.00 4 Sidewalk Gutter Remove & Replace 4' 96 n n4 nICI, Iffltll k 1 1 Id v..3 5.00 480.00 23.00 2,208 00 50.00 4,800.00 Steel Guardrail 100 55.00 5,500.00 19.25 1,925.00 35.00 3,500.00 5 Rock Rip -00p IN 60.00 6,000.00 25.00 2,500.00 10.00 1,000.00 6 Turf Reinforcement Mat 76 7.00 532.00 7.50 570.00 10.00 760.00 7 Gabion Wall 24 200.00 4,800.00 109.00 2,616.00 200.00 4,800.00 8 Restore & Re- vegetate 600.00 600.00 1,290.00 1,290.00 1,000.00 1,000.00 9 10 11 Rock Berm 30 24.00 720.00 12.00 360.00 50.00 1,500.00 Concrete Encsement of 11 WO Line 8 50.00 2,400.00 45.00 2,160.00 30.00 1,440.00 Traffic Control I 1 2,500.00 2,500.00 3,800.00 3,800.00 5,000.00 5,000.00 12 Trench Safety 48 13.00 624.00 31.00 1,488.00 10.00 480.00 13 Drive (Items 1 -13) 107,528.00 104,168.50 131,765.00 Sub-Total Yucca Alternate 14 20" Steel Casing in place of Item 11. 48 75.00 3,600.00 93.50 4,488.00 250.00 12,000.00 Sub -Total Yucca 1 -13) - Alternate 108,728.00 106,496.50 142,325.00 Drive (Items Drive Purple Sage 30" RCP CI III 139 150.00 20,850.00 73.50 10,216,50 100.00 13,900.00 1 5' Storm NM 1 3,900.00 3,900.0C 4,500.00 4,500.00 3,800.00 3,800.00 2 3 Remove & Replace Concrete 1 1,400.00 1,400.00 3,300.00 3,300.00 3,500.00 3,500.00 4 Apron Remove & Replace Street Pavement 70 SY 30.00 2,100.00 54.50 3,815.00 100.00 7,000.00 5 Remove & Replace Curb & 15 LF 40.00 600.00 16.50 247.50 50.00 750.00 Gutter Traffic Control 1 LS 1,200.00 1,200.09: 3.800.00 3,800.09, 2,500.00 2,500.00 6 Trench Safety 139 LF 10.0C 1,390.00 13.50 1,876.50 5.00 695.0', 7 Restore & Re- vegetate 1 LS 600.00 1,290.00 500.00 8 Sage (Items 1 -8) 32,040.00 29,045.50 32,645.00 Sub -Total Purple Old West 1 Drive 7'x4'x60' Concrete Box 1 LS 33,000.00 33,000.00 38,700.00 38,700.00 49,100.00 49,100.00 2 Culvert Remove & Replace Street 110 SY 41.00 4,510.00 98.50 10,835.00 100.00 11,000.00 3 Pavement Remove & Replace Curb & 74 LF 12.00 888.00 16.50 1,221.00 40.00 2,960.00 4 Gutter Remove & Replace 4' 74 LF 20.00 1,480.00 23.00 1,702.00 60.00 4,440.00 Sidewalk Steel Guardrail 74 LF 32.00 2,368.00 19.25 1,424.50 35.00 2,590.00 5 Gadion Mattress 1' thick 64 SY 75.00 4,800.00 39.00 2,496.00 70.00 4,480.00 6 Retain Wall Plans 1 LS 3,000.00 3,000.00 1,450.00 1,450.00 3,000.00 3,000.00 7 per Rock Berm 30 LF 25.00 750.09, 12.09 360.00 25.00 750.00 8 Traffic Control 1 LS 2,000.00 2,000.00 3. 800.00 3,800.09., 5,000.00 5,000.00 9 Trench Safety 60 LF 8.00 480.00 25.00 1,500.00 10.00 600.00 10 Restore & Re- vegetate 1 LS 600.00 1,290.00 750.00 11 Sub -Total Old West Drive (Items 1-11' 600.00 64,290.00 84,670.00 Total Base Bid 193,444.00 197,992.50 249,080.00 1 64,164.00 66,087.00 149,080.00 Materials 129,280.00 131,905.50 100,000.00 Other Charges Total M & OC 193,444.00 197,992.50 249,080.00 Motel Alternate Bid 194,644.00 200,320.50 259,640.00 1 64,562.03 66,861.05 155,400.40 Materials 130,081.97 133,456.45 104,239.60 Other Charges Total M & OC _ 194,644.00 200,320.50 259,640.00 Bld Tabulation Sheet Project Name: LaFrontera Downstream Drain irovements Bid Date: March 5,205 it o£ Chasco Contracting Austin Filter System, Inc. C. C. Carlton Industries, 2 of Bid Item 0 Item Description Estimated Quantity Unit of Measure RGM Constructors, Per Uint Per LP Average Line Item Unit 0 Item S Base Bid Yucca Drive 1 4- Culvert 9'x4'x48' Concrete Box 1 LS 140,000.00 140,000.00 81,292.50 81,292.50 2 Pavement Remove & Replace Street 131 SY 100.00 13,100.00 85.42 11,189.58 3 Remove & Replace Curb & Gutter 96 LF 50.00 4,800.00 26.08 2,504.00 4 Remove & Replace 4' Sidewalk 96 LF 50.00 4,800.00 29.17 2,800.00 5 Steel Guardrail 100 LF 25.00 2,500.00 31.88 3,187.50 6 Rock Rip -Rap 100 SF 60.00 6,000.00 39.58 3,958.33 7 Turf Reinforcement Mat 76 SY 5.00 380.00 1058 804.33 8 Gabion Well 24 SY 165.00 3,960.00 200.67 4,816.00 9 Restore & Re - vegetate 1 LS 3,0000 3,000.00 1,152.83 1,152.83 10 Rock Berm 30 LF 20.00 600.00 28.33 850.00 11 Concrete Encsement of 10" WO Line 48 LF 35.00 1,680.00 46.67 2,240.00 12 Traffic Control 1 LS 4,300.00 4,30.00 3,516.67 3,516.67 13 Trench Safety 48 LF 3.00 144.00 37.67 1,808.00 Yucca Drive (Items 1 -131 aftW,Iktia 120,119,75 Sub -Total Alternate 14 20" Steel Casing in place of Item 11. 48 LF 50.00 2,40000 107.92 5,180.00 Yucca Drive (Items 1 -13) - Alternate 185984.00 123,059.75 Sub -Total Sag Drive Purple 30" RCP CI III 139 LF 100.00 13,900.00 93.25 12,961.75 1 5' Storm lIM 1 EA 10,000.00 10,000.00 5,050.00 5,050.00 2 3 Remove & Replace Concrete Apron 1 LS 3,00.00 3,000.00 2,740.00 2,740.00 4 Remove & Replace Street Pavement 70 SY 100.00 7,000.00 77.42 5,419.17 5 Remove & Replace Curb & Gutter 15 LF 85.00 1,275.00 40.78 611.75 Traffic Control 1 LS 2,500.00 2,500.00 2,583.33 2,583.33 6 7 Trench Safety 139 LF 3.00 417.00 8.42 1,169.92 8 Restore & Re - vegetate 1 LS 800.00 80.00 0 723.33 723.33 Purple Sage (Items 1-8) 388. 31,259.25 Sub -Total West Drive 014 1 7'x45c60' Concrete Box Culvert 1 LS 60,000.00 60,000.00 40,229.17 40,229.17 2 Remove & Replace Street Pavement 110 SY 120.00 13,200.00 81.92 9,010.83 3 Remove & Replace Curb & Gutter 74 LF 50.00 3,700.00 28.08 2,078.17 4 Remove & Replace 4' Sidewalk 74 LF 70.00 5,180.00 37.17 2,750.33 5 Steel Guardrail 74 LF 40.00 2,960.00 30.54 2,260.08 Gadion Mattress 1' thick 64 SY 135.00 6 Retain Wall Plans 1 LS 6,000.00 6,000.00 72.80 3,175.00 3 304.00 7 per Rock Berm 30 LF 15.00 450.00 26.83 805.00 8 Traffic Control 1 LS 3,500.00 3,500.00 3,300.00 3,300.00 9 10 Trench Safety 60 LF 4.00 240.00 12.33 740.00 Restore & Re- vegetate 1 LS 1,500.00 823.33 823.33 11 Sub -Total Old West Drive (Items 1 -11 105,,500.00 92 Total Base Bid 0915200 i ` 221,854.92 93:11 d33:iiV 88,154.76 Materials - l >' 133,70.16 Other Charges Total M & OC � 5z9_ 52 221,854.92 1 Total Alternate Bld g ' °6 224,794.92 '"=- �t",34Til04i1l 89,322.98 Materials Ch Charges ; ; 141129 135,471.94 Other ota l M & OC Total ' ;2 224,794.92 Bid Tabulation Sheet Project Name: LaFrontera Downstream Drainage Improvements Bid Dater March 5, 2002 3 of 111 A lilt lrrrrllir . 0111011111rir .. l WIMP x • ��r�� . Weed/ � 1 WNW • k writ a mk so ; 1 1 k*. 1 c ■ As o 0 LA PRONTERA DOWNSTREAM IMPROVEMENTS DATE: May 17, 2002 SUBJECT: City Council Meeting — May 23, 2002 ITEM: 13.C.4. Consider a resolution authorizing the Mayor to execute a contract with the low bidder Dayco Construction Company for the La Frontera Downstream Drainage Improvements Project. The City received eight bids, two of which were not accepted. Dayco Construction Company submitted the lowest bid of $171,326, which is within the budgeted funds for this project. Resource: Jim Nuse, Director of Public Works William J. Dobrowolski III, Senior Engineer History: The Council approved a "Developer Participation Contract For Public Improvements For Stormwater System Improvement For The Storm Sewer/ Drainage" with the developers of LaFrontera for the construction of drainage improvements downstream from the development. The City received eight bids, two did not certify receiving the addendum, hence were not accepted. Bids came within the budgeted funds available for the project. Dayco Construction submitted the low bid of $171,326. Funding: Cost: $ 171,326.00 Source of funds: Regional Detention Funds Outside Resources: Dayco Construction Impact/Benefit: The needed improvements will be made to the down stream drainage. Public Comment: N/A Sponsor: N/A , • !,„ :5171:',14 X l : • ' J'ir-7. ' " PUBLIC WORKS DEPARMIENT Section TABLE OF CONTENTS Description Page 1.0 Notice to Bidders NB -1 2.0 Bid Documents BD -1 3.0 Post Bid Documents PBD -1 4.0 General Conditions GC -1 5.0 Special Conditions SC -1 6.0 Technical Specifications TS -1 table.mst/spec ADDENDUM NO. 1 La Frontera Downstream Drainage Improvements Item #1 The bid opening shall be postponed one week. The new date for the bid opening is scheduled for Tuesday, March 5, 2002 at 2:00 p.m. at City Hall Council Chambers located at 221 E. Main Street, Round Rock, Texas. Item #2 Specification #1 under the Yucca Drive heading is to read 4 - 9'x 4' a 48' box culverts. The previous specification read 4 - 9' x 8' x 48' which was incorrect. Item #3 A verification of receipt of this addendum must be included with the final bid. 1.0 NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed bids addressed to the Purchasing Agent, City of Round Rock, 221 East Main Street, Round Rock, Texas 78664, for furnishing all labor, material and equipment and performing all work required for the project titled "La Frontera Downstream Drainage Improvements" will be received until 2:00 p.m., Tuesday, February 26, 2002 then publicly opened and read aloud at the City Hall Council Chambers at the same address. Bid envelopes should state date and time of bid and "Sealed Bid for La Frontera Downstream Drainage Improvements ". No bids may be withdrawn after the scheduled opening time. Any bids received after scheduled bid opening time will be returned unopened. A pre -bid conference will be held at 2:00 p.m., February 19, 2002 at 221 E. Main Street, Round Rock, TX 78664. See Instructions to Bidders in the specifications for details on pre -bid conference. Bids must be submitted on City of Round Rock bid forms and must be accompanied by an acceptable bid security as outlined in the Instructions to Bidders, payable to the City of Round Rock, Texas equal to five percent (5 %) of the total bid amount. Plans, Bid Forms, Specifications, and Instructions to Bidders may be obtained from the Department of Public Works, 2008 Enterprise Drive, Round Rock, Texas (512 - 218 -5555) beginning February 11, 2002 for a non - refundable charge of $ 25.00 per set. In case of ambiguity, duplication, or obscurity in the bids, the City of Round Rock reserves the right to construe the meaning thereof. The City of Round Rock further reserves the right to reject any or all bids and waive any informalities and irregularities in the bids received. The successful bidder will be expected to execute the standard contract prepared by the City of Round Rock, and to furnish performance and payment bonds as described in the bid documents. Contractors and subcontractors shall pay to laborers, workmen, and mechanics the prevailing wage rates as determined by the City of Round Rock. Publish Dates: Round Rock Leader: Monday, February 11, 2002 Thursday, February 14, 2002 noticeEd /spec. NB -1 2.0 BID DOCUMENTS INSTRUCTIONS TO BIDDERS 1. Prior to submitting any proposal, bidders are required to read the plans, specifications, proposal, contract and bond forms carefully to inform themselves by their independent research, test and investigation of the difficulties to be encountered and judge for themselves of the accessibility of the work and all attending circumstances affecting the cost of doing the work and the time required for its completion and obtain all information required to make an intelligent proposal. 2. Should the bidder find discrepancies in, or omissions from the plans, specifications, or other documents, or should he be in doubt as to their meaning, he should notify at once the Engineer and obtain clarification or addendum prior to submitting any bid. 3. It shall be the responsibility of the bidder to see that his bid is received at the place and time named in the Notice to Bidders. Bids received after closing time will be retumed unopened. 4. Bids shall be submitted in sealed envelopes plainly marked "Sealed Bid" and showing the name of the project, the job number if applicable, and the opening date and time. 5. Bids shall be submitted on proposal fonns furnished by the City of Round Rock. 6. All proposals shall be accompanied by a certified cashier's check upon a National or State bank in an amount not less than five percent (5 %) of the total maximum bid price, payable without recourse to the City of Round Rock, or a bid bond in the same amount from a reliable surety company, as a guarantee that the bidder will enter into a contract and execute performance and payment bonds, as stipulated by item 11 below, within ten (10) days after notice of award of contract to him. Proposal guarantees must be submitted in the same sealed envelope with the proposal. Proposals submitted without check or bid bonds will not be considered. 7. All bid securities will be returned to the respective bidders within twenty-five (25) days after bids are opened, except those which the owner elects to hold until the successful bidder has executed the contract. Thereafter, all remaining securities, including security of the successful bidder, will be returned within sixty (60) days. 8. Until the award of the contract, the City of Round Rock reserves the right to reject any and all proposals and to waive technicalities; to advertise for new proposals; or to do the work otherwise when the best interest of the City of Round Rock will be thereby promoted. 9. In case of ambiguity or lack of clarity in the statement of prices in the bids, the City of Round Rock reserves the right to consider the most favorable analysis thereof, or to reject the bid. Unreasonable (or unbalanced) prices submitted in a bid may result in rejection of such bid biddoc.lfddi.doc /r:bbaird BD -1 or other bids. 10. Award of the contract, if awarded, will be made within sixty (60) days after opening of the proposals, and no bidder may withdraw his proposal within said sixty (60) day period of time unless a prior award is made. 11. Within ten (10) days after written notification of award of the contract, the successful bidder must furnish a performance bond and a payment bond in the amount of one - hundred percent (100 %) of the total contract price. If the total contract price is $25,000.00 or less, the performance and payment bonds will not be required. Said performance bond and payment bond shall be from an approved surety company holding a permit from the State of Texas, with approval prior to bid opening, indicating it is authorized and admitted to write surety bonds in this state. In the event the bond exceeds $100,000.00, the surety must also (1) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000.00 from a reinsurer that is authorized and admitted as a reinsurer in this state and is the holder of a certificate of authority from the United States secretary of the treasury to qualify as a surety or reinsurer on obligations permitted or required under federal law. In determining whether the surety or reinsurer holds a valid certificate of authority, the City may rely on the list of companies holding certificates of authority as published in the Federal Register covering the date on which the bond is to be executed. 12. If the total contract price is less than $25,000.00 the performance and payment bond requirement will be waived by the City of Round Rock. Payment will be made following completion of the work. 13. Failure to execute the construction contract within ten (10) days of written notification of award or failure to furnish the performance bond, or letter of credit if applicable, and payment bond as required by item 11 above, shall be just cause for the annulment of the award. In case of the annulment of the award, the proposal guarantee shall become the property of the City of Round Rock, not as a penalty, but as a liquidated damage. 14. No contract shall be binding upon the City of Round Rock until it has been signed by its Mayor after having been duly authorized to do so by the City Council. 15. The Contractor shall not commence work under this contract until he has furnished certification of all insurance required and such has been approved by the City of Round Rock, nor shall the contractor allow any subcontractor to commence work on his subcontract until proof of all similar insurance that is required of the subcontractor has been furnished and approved. The certificate of insurance form included in the contract documents biddoc.lfddi.doc /r:bbaird BD -2 must be used by the Contractor's insurer to furnish proof of insurance. 16. Any quantities given in any portion of the contract documents, including the plans, are estimates only, and the actual amount of work required may differ somewhat from the estimates. The basis for the payment shall be the actual amount of work done and/or material furnished. 17. Bids shall be submitted on a separated contract basis. No Texas sales tax shall be included in the prices bid for materials consumed or incorporated into the finished product under this contract. This contract is issued by an organization which is qualified for exemption pursuant to the provisions of Section 151.309(5) of the Texas Tax Code. The City of Round Rock will issue an exemption certificate to the Contractor. The Contractor must then issue a resale certificate to the material supplier for materials purchased. The Contractor must have a valid sales tax permit in order to issue a resale certificate. In obtaining consumable materials, the Contractor will issue a resale certificate in lieu of payment of sales tax, and the following conditions shall be observed; 1) The contract will transfer title of consumable, but not incorporate, materials to the City of Round Rock at the time and point of receipt by the Contractor; 2) The Contractor will be paid for these consumable materials by the City of Round Rock as soon as practicable. Payment will not be made directly but considered subsidiary to the pertinent bid item. The Contractor's monthly estimate will state that the estimate includes consumables that were received during the month covered by the estimate; and 3) The designated representative of the City of Round Rock must be notified as soon as possible of the receipt of these materials so that an inspection can be made by the representative. Where practical, the materials will be labeled as the property of the City of Round Rock. 18. No conditional bids will be accepted. 19. If the bidder's insurance company is authorized, pursuant to its agreement with bidder, to arrange for the replacement of a loss, rather than by making a cash payment directly to the City of Round Rock, the insurance company must furnish or have furnished by bidder, a performance bond in accordance with Section 2253.021(b), Texas Government Code, and a payment bond in accordance with Section 2253.021(c). biddoc.lfddi.doc/r:bbaird BD -3 Surety Department KNOW ALL MEN BY THESE PRESENTS, That we, ITT HARTFORD Dayco Construction Co as Principal, hereinafter called the Principal, and the Hartford Fire Insurance Company , a corporation created and existing under the laws of the State of Connecticut , whose principal office is in Hartford , as Surety, hereinafter called the Surety, are held and firmly bound unto City of Round Rock as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Maximum Amount of Bid Dollars ($ 5% of Bid ), for the payment of which sum, well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Whereas, the Principal has submitted a bid for La Frontera downstream drainage improvements NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the biddings or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 26 day of February A. D. 2002 (Approved by the American Institute of Architects, A.I.A. Document No. A -310, 1970 Edition) Form S- 3266 -4 Printed in U.S.A. 12 -70 By Mary Pierce (Principal) Bond No. Dayco Construction Co Hartford Fire Insurance Co. ) :tj J orney -in -Fact (Title) (SEAL) (SEAL) (SEAL) (SEAL) 1 1 1 1 1 1 1 1 HARTFORD FIRE INSURANCE COMPANY Hartford, Connecticut POWER OF ATTORNEY Know all men by these Presents, That HARTFORD FIRE INSURANCE COMPANY. a corporation duly organized under the laws of the State of Connecticut. and having its principal office in the City of Hartford, County of Hartford, State of Connecticut. does hereby make. constitute and appoint Steve Schulze, Janis Winkler, Mary Pierce of Austin, Texas I its true and lawful Attomey(s) -in -Fact, with full power and authority to each of said Attomey(s) -in -Fact. in their separate capacity if more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies; guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities. and executing or guaranteeing bonds and undertakings required or pernitted in all actions or proceedings or by law allowed, I and to bind HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms all that its said Attomey(s)-in -Fad may do in pursuance hereof. This Power of Attorney is granted under and by authority of the By -Laws of HARTFORD FIRE INSURANCE COMPANY. ("the Company ") as amended by the Board of Directors at a meeting duly called and held on May 13 1999. as follows: rg Paul A. Bergenholfz, Assistant Secretary • I STATE OF CONNECTICUT COUNTY OF HARTFORD ss. Hartford ARTICLE IV SECTION 7. The President or any Vice President or Assistant Vice - President, acting with any Secretary or Assistant Secretary shall have power and authority to sign and I execute and attach the seal of the Company to bonds and undertakings, recongnizances, contracts of indemnity and other writings obligatory in the nature thereof. and such instruments so signed and executed, with or without the common seal, shall be valid and binding upon the Company. SFCTION 0. The President or any Vice - President or any Assistant Vice President acting with any Secretary or Assistant Secretary, shall have power and authority to appoint, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more resident Vice Presidents, resident Assistant Secretaries and Attorneys -in -Fact and at any time to remove any such resident Vice - President, resident Assistant Secretary. or Attorney -in -Fact, and revoke the power and I authority given to him. Resolved, that the signatures of such Officers and the seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and • certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. • In Witness Whereof, HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its Assistant Vice - President, and its corporate seal to be hereto affixed, duly attested by its Assistant Secretary, this 14th day of May, 1999. HARTFORD FIRE INSURANCE COMPANY Robert L. Post Assistant Vice President I On this 14th day of May, A.D. 1999. before me personally came Robert L Post, to me known, who being by me duly sworn, did depose and say that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice- President of HARTFORD FIRE INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said i nstrument is such corporate seal: that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. /arm S 4054 - 2 Printed in U.S.A. Jean H. Wozniak Notary Public My Commission Expires Jane 30, 2004 I. the undersigned, Assistant Vice President of HARTFORD FIRE INSURANCE COMPANY, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached I POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore, that Article IV, Sections 7 and 8 of the By -Laws of HARTFORD FIRE INSURANCE COMPANY. set forth in the Power of Attorney, are now in force, Signed and sealed at the City of Hartford. Dated the 26th day of February 2002 J. Dennis Lane, Assistant Vice President PROPOSAL BIDDING SHEET JOB NAME: LA FRONTERA DOWNSTREAM DRAINAGE IMPROVEMENTS JOB LOCATION: Round Rock, Williamson County, Texas OWNER: City of Round Rock, Texas DATE: February 2002 Gentlemen: Pursuant to the foregoing Notice to Bidders and Instructions to Bidders, the undersigned bidder hereby proposes to do all the work, to furnish all necessary superintendence, labor, machinery, equipment, tools, materials, insurance and miscellaneous items, to complete all the work on which he bids as provided by the attached supplemental specifications, and as shown on the plans for the construction of LA FRONTERA DOWNSTREAM DRAINAGE IMPROVEMENTS and binds himself on acceptance of this proposal to execute a contract and bond for completing said project within the time stated, for the following prices, to wit: Bid Item Quantity 1. 1 2. 131 3. 96 biddoc.lfddi.doc/r:bbaird SY LF BD -5 BASE BID YUCCA DRIVE Item Description Unit Unit and Written Unit Price Price Amount LS 4 - 9' x,ii",x 48' concrete box culverts4'end sections, wing walls and apron, complete in pla a per linear foot, &K. or ,r, vQyrct._ dollars and 2 5 2a cents. $ 66503. $ , 500, co Sawcut/remove/replace existing street per City specification, complete in place per square yard, for ,`,xis -e ,— dollars and zsro cents. Remove and replace curb and gutter, per City specifications, complete in place per linear foot for dollars $ �o $� 08'. dU J Bid Item Ouantitv 4. 96 LF Remove and replace existing 4' sidewalk per City specifications, complete in place per linear foot 5. 100 6. 100 7. 76 8. 24 Unit LF Steel guardrail, complete in place per linear foot SY SY biddoc.lfddi.doc/r:bbaird BD - and Zero cents. Item Description and Written Unit Price for and 7cfo dollars cents. 9. 1 LS Restoration and Revegetation, complete in place per lump sum k„wl— for I�,`y —Saves dollars and zorep cents. $ I/. $ /ash Unit Price Amount f o r /14/6477 - 1 1 ; 4 dollars a � and Zeao cents. $ Zr. $ R7OO. SF Rock rip rap, complete in place per square foot for //1 /ri7 dollars and [Gfy' cents. Turf reinforcement matting, per Engineer's specifications, complete in place per square yard for Srt dollars and 7.iv cents. Gabion wall, complete in place per square yard ©nom ll„rc% fore.( -cy— &r dollars and Z. cents. $32.— re $ o0 $ /2?2. $ /gy $y,6 00 C)0 $ 22 $ 227. Bid Item Quantity 10. 30 11. 48 12. 1 13. 48 ALTERNATE 14. 48 Item Description Unit Unit and Written Unit Price Price LF Rock berm, complete in place per linear foot for Eorir dollars and FF cents. LF Concrete encasement for 10 inch wastewater line, complete in place per linear foot LS LF LF biddoc.lfddi.doc/r:bbaird BD - sa Amount 4200 =° $ for ( 1 - 71re dollars and 7-,es-0 cents. $ .. ' $ 2 Traffic control per Engineer's Specifications, complete in place per lump sum One I4o� usa for f've. AvA14... k dollars and 7.e.ro cents. Trench safety system including culverts, pipe and manhole excavation complete in p acc per liner foot alg nv ' for FFv — Rye, dollars and Ze ro cents. $ $ 710, 20 inch steel encasement pipe for 10 inch wastewater line, complete in place per linear foot (This is in place of Item #11) for S:■ii &'r dollars and Z cents. $ 600, s $ $ 0/, $ z," PURPLE SAGE DRIVE Bid Item Description Unit Item Quantity Unit and Written Unit Price Price 1 . 1 ' 2. 1 1 1 1 ' 4. 70 1 1 1 1 I6 1 1 1 1 3. 1 LS Sawcut/remove/replace concrete apron, complete in place per lump sum S r et 5. 15 139 LF 30 inch RCP CI III storm sewer, complete in place per linear foot 1 EA SY biddoc.lfddi.doc % bbaird BD -8 for S,x it S.. dollars and Zero cents. Amount $ 46 °= $ '/ L 5 foot diameter storm sewer manhole, completeb place Per each ✓e (!6' for Sk hu ,toss -.d& dollars 00 __ and Z -ra cents. $ 4600. $ for i\ine.1y dollars eo and Zvi cents. $ 070, $ CYO Sawcut/remove/replace existing street per City specifications, complete in place per square yard ale il✓tdrrok for 7n dollars and ro cents. LF Remove and replace curb and gutter, per City specifications, complete in place per linear foot $/' °° $ TOO — for '1`Ap,-(Pp,. dollars . , oo and T `i cents. $ J $ 286. LS Traffic control per Engineer's Specifications, complete in place pF lump sum Q goosam for Fie, k, e dollars and 7, r - cents. $ / 6 °� $ 16cao Bid Item Quantity 7. 139 8. 1 Bid Item Quantity 1. 1 2. 110 3. 74 4. 74 Item Description Unit Unit and Written Unit Price Price LF Trench safety system including culverts, pipe and manhole excavation complete in place per liner foot LS Item Description Unit Unit and Written Unit Price Price LS 7' X 4' X 60' concrete box culvert end section, wing walls and aprons, complete in plasp per lump sum for 'F ✓e. ilvinke.4 dollars and 2-r cents. SY LF LF biddoc.lfddi.doc/ %bbaird BD - for dollars and Zara cents. Restoration and Revegetation, complete in place per lump sum leok-- for En1 dollars and cents. OLD WEST DRIVE Amount $ $ 350. °o Amount Remove and replace curb and gutter, per City specifications, complete in place per linear foot for S,xice dollars c and Zsrn cents. $ �6 $ y/? 4 foot sidewalk per City specifications, complete in place per linear foot for r"�r., dollars and Zara cents. $ $ MO. 00 $26 60o. Sawcut/remove /replace existing street per City specifications, complete in place per square yard for h.uv dollars and U 2dTo cents. $ S2 OD $ 1,3026.. B° Bid Item Quantity 5. 74 6. 64 7. 1 8. 30 Item Description Unit Unit and Written Unit Price Price LF Steel guardrail, complete in place per liner foot LS for l u n e . dollars and Zero cents. SY 1 foot thick gabion mattress, complete in place per square yard for �i – c.vykT dollars and T,, cents. Retaining wall per Engineer's specifications, complete i per lump sum (WO JINouSevgk for OnP dollars and 7-rsn cents. LF Rock berm, complete in place per liner foot for S,kj� dollars and 21, cents. 9. 1 LS Traffic control per Engineer's Specifications, complete place per lump sum a,, 0 0,...,1— pp for re.- h eo( dollars and "Zero cents. 10. 60 LF Trench safety system including culverts, pipe and manhole excavation complete in place per liner foot 11. 1 LS Restoration and Revegetation, complete in place per lump sum for lueo, dollars and ZZ.ro cents. biddoc.lfddi.doc/r:bbaird BD -10 Amount $2?. $2/1 2S ao $ . $Tg $2)06. $ 2,100. °o $60, $yao.' $ /SO& - $ 1500. for On, dollars and Zr .° cents. $ 1, $ $ . $ 7iFO, r TOTAL BASE BID - Yucca Drive Items 1 thru 13 A t fg Z p / cJ $ c- rO J8 Resp lly Submitted, re 51 rat e' 7 Purple Sage Drive Items 1 thru 8 - Old West Drive Items 1 thru 11: STATEMENT OF SEPARATE CHARGES: Materials: All Other Charges: Title for C" ha Co n5 /ru Co Name of Firm Date biddoc.Ifddi.doc/r:bbaird BD - Telephone Secretary, if orporation e,5; 6 63 °= gs, a1 ° - -° *Total: 7/71 °8— * Note: This total must be the same amount as shown above for Total Bas Bid /028/1 DeSSctc, 11t /1 )) / x 71 75 Address / — <277 7 tractor is a 90, 36 O 00 $ Z7, 1 $ S0 728 oc 81247 ° = Z4 / If this proposal is accepted, the undersigned agrees to execute the contract and provide necessary bonds and insurance certification as per the Instructions to Bidders and commence work within ten (10) days after written Notice to Proceed. The undersigned further agrees to complete the work in full within ninety-(90) calendar days after the date of the written Notice -to- Proceed. The undersigned certifies that the bid prices contained in the proposal have been carefully checked and are submitted as correct and final. The Owner reserves the right to reject any or all bids and may waive any informalities. 3.0 POST BID DOCUMENTS THE STATE OF TEXAS COUNTY OF WILLIAMSON § AGREEMENT THIS AGREEMENT, made and entered into this 23rd day of May, 2002, by and between (Owner) City of Round Rock, Texas of the State of Texas, acting through Nyle Maxwell, Mayor, thereunto duly authorized so to do, hereinafter termed OWNER, and (Contractor) Dayco Construction Company of Austin, Texas, County of Travis, and State of Texas, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bond bearing even date herewith, CONTRACTOR hereby agrees with the said OWNER to commence and complete the construction of certain improvements described as follows: LA FRONTERA DOWNSTREAM DRAINAGE IMPROVEMENTS Further described as the work covered by this specification consists of furnishing all the materials, supplies, machinery, equipment, tools, supervision, 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 hereof, and in accordance with the Notice to Contractors, Instructions to Bidders, General Conditions of Agreement, Special Conditions, Technical Specifications, Plans, and other drawings and printed or written explanatory material thereof, and the Specifications and Addenda therefor, as prepared by Raymond Chan & Associates,lnc. (Plans), and Department of Public Works Engineering Staff (all other documents), herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR'S written Proposal, the General Conditions of the Agreement, and the Performance, Payment, and Maintenance Bonds hereof, and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work within ten (10) calendar days after the date written notice to do so have been given to him, and to complete the same within ninety (90) calendar days after the date of the written Notice to Proceed, subject to such extensions of tune as are provided by the General and Special Conditions. Lah ddip.pbidpbid/wd/vm PBD -1 The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this Contract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. CITY OF ROUND ROCK, TEXAS Dayco Construction Company (OWNER) (CONTRACTOR) BY: ATTEST: AO Mayor City Secretary (The following to be executed if the Contractor is a Corporation.) I, (moo is of. l certify that I am the Secretary of the Corporation named as Contractor herein; that `9eorg•a4 M. t a y who signed this Contract on behalf of the Contractor was then p re , l cPe e t (official title) of said Corporation, that said Contract was duly signed for and in behalf of said Corporation, that said Corporation by authority of its governing body, and is within the scope of its corporate powers. Corporate Seal Lafrddip.pbidpbid/wd/vm BY: Signed: PBD -2 4 9 r q w M. On its PYei0.10 (Typed name) (Title) ATTEST: ecretary, i Contractor is a Corporation or otherwise registered with the Secretary of State THE STATE OF TEXAS COUNTY OF WILLIAMSON PERFORMANCE BOND - , 3 , 1,0 92/ �� KNOW ALL MEN � BY THESE PRESENTS.: That -/)/( /,-",-) C 6�.57r;�zr /io�� of the City of t , .",,,hy`i r7 , County of %ma y), , and State of — 767( , as Principal, and %i ic4C, -e authorized under the law of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF / ROUND ROCK, 1 TE`� (Owner), in the penal sum of z �r��1r`�iiee dk, i liars ($ /2 ° 1O ) for the payment whereof, well and truly to be made 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 yy., , 200,- to which the contract is hereby referred to and made a part her f as fully and to the same extent as if copied at length herein consisting of: postbid.mst/spec master PBD -3 LA FRONTERA DOWNSTREAM DRAINAGE IMPROVEMENTS NOW, THEREFORE, THE CONDITIONS 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, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials furnished by or workmanship of, the Principal in performing the work covered by said Contract and occurring within a period of twelve (12) months from the date of the contract Completion Certificate and all other covenants and conditions, 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 Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. 1 PERFORMANCE BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the term of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of rime, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this /4 day of 20 D /r Princi By: re,,, G8/ '5 h4 oao/ Title / 1�(e.5�ii - ) '7rr7J Address Resident Agent of Surety: City, State & Zip Code po tbid.mstrspee master Address PBD -4 Sure By: Title Address ,-/// Ce is /.r - rOrrZ 7 Dr�C T J‘//5 1 THE STATE OF TEXAS COUNTY OF WILLIAMSON PAYMENT BOND KNOW ALL MEN8Y THESE PRESENTS: That / > of the City of 5-/ n , County o ? , and State of /e�lC[J as Principal, and,, Cie authorized under the laws of the State of Texas to act as Surety on Bonds for rincipals, are held and firmly bound unto THE CITY OF ROUND ROCK, (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom syall have the right to sue upon this bond, in the penal sum of (),9z z .' 6 f��irc��S�r�Fi»' Or %,�fi� . 1%)C Dollars ($ / '7/, 32l 0 a ) for the payment whereof, well and truly be made 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 e5r day of /22'y , 206 Z, to which Contract is hereby referred to and made a part hereof as frilly and to the same extent as if copied at length herein consisting of: LA FRONTERA DOWNSTREAM DRAINAGE IMPROVEMENTS NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, tha t if the said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of the improvements of said Contract, then this obligation shall be and become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. postbid.mst/spec master PBD -5 PAYMENT BOND (continued) 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 anywise affect it's 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. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this //)//) day of 9. , 2002 . /p( &/).S •tc/o �a Prinfiip Bv: �/e 5ide14_, postbid.mst/spec master Title Title / / �/ /c !g �,‘ � / �� n� 66 Address / / Address / / /y �ct._J). it x 28/ A L7 �i'C/ C.,� Resident Agent of Surety: e J-Az, . z Printed Name Address 987 Y City, State & Zip Code Signature PBD -6 Surety By: d lre lull can de C n /l A C OTHER CERTIFICATE OF LIABILITY INSURANCE PRODUCER Guaranty Ins. Svcs. COMPANIES AFFORDING COVERAGE P.O. Box 2083 Austin, TX 78768 A Transcontinental Ins. Co. 512- 434 -8464 B American Internationsl Group INSURED Dayco Construction Co. C 12819 Dessau Rd. Transportation Ins. Co. Austin, TX 78754 D THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below, CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS LTR NUMBER • DATE DATE GENERAL LIABILITY AUTOMOBILE LZABILITV TCP2049526572 BUA2049526538 EXCESS LIABILITY EACH OCCURRENCE $ 2,000,000 B EBU2127887 6 -13 -02 6 -13 -03 AGGREGATE $ C 6 -13 -02 6 -13 -03 WORKERS' COMPENSATION AND EMPLOYERS' LIAaIU Y WC204952657 6 -13 -02 6 -13 -02 6 -13 -03 6 -13 -03 DESCRIPTION OF OPERATIONS!LOCATIONS/VEIICLES /SPECIAL ITEMS/EXCEPTIONS. • postbid.methpec master PBD - 7 Tide: President COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE STATUTORY LIMITS EACH ACCIDENT DISEASE - POLICY LIMIT DISEASE - EACH EMPLOYEE TypedName: Harold L. Shults, Jr. Date: 7 -8 -02 GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP /OP GOO. 5 2,000,000 PERSONAL & ADV. INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (My one fire) $ 100,000 MED. EXPENSE (My ono person) 3 5,000 $1,000,000 S $ 5 500,000 500,000 $500,000 The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers Liability. Should any of the above described policies be cancelled or changed before the aspiration date thereof, the issuing company will mall thirty (30) days written notice to the certificate holder named below. CERTIFICATE HOLDER: City of Round Rock SMONAT E OF HO ENTATIVE 211 E. Main Street Round Rock, Team 78664 alto: Joanne Land CERTIFICATE OF LIABILITY INSURANCE Date: PRODUCER COMPANIES AFFORDING COVERAGE A B INSURED C D THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and m accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS LTR NUMBER DATE DATE GENERAL LIABILITY AUTOMOBILE LIABILITY EXCESS LIABILITY OTHER DESCRIPTION OF OPERATIONS! LOCATIONS /VEHICLES /SPECIAL ITEMS/EXCEPTIONS GENERAL AGGREGATE $ PRODUCTS- COMP /OP AGG. $ PERSONAL & ADV. INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED. EXPENSE (Any one person) $ COMBINED SINGLE LIMJT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ EACH OCCURRENCE $ AGGREGATE $ WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY LIMITS EACH ACCIDENT $ DISEASE - POLICY LIMIT $ DISEASE - EACH EMPLOYEE $ The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers' Liability. Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. CERTIFICATE HOLDER: City of Round Rock 221 E. Main Street Round Rock, Texas 78664 attn: Joanne Land postbidmst/spec master PBD -7 SIGNATURE OF AUTHORIZED REPRESENTATIVE Typed Name: Tide: BOND NUMBER 9// AMOUNT /? /SGT 6Q KNOW ALMEN BY THESE PRESENTS, L That we, 1 //ri, / �i)�J. S�i��i��• i (hereinafter called the "Principal ") as Principal, and the ,%SW�� d a Corporation duly organized under the laws of the State of 1 eC nrL and duly licensed to transact business in the State of (hereinafter called the "Surety"), as Surety, are held and firmly bound unto THE CITY OF ROUND ROC TEXAS (hereinafter called the "Obligee "), in the sum of si c n 1�acs Xl (1/2c h /7., ri 7c 7m 6 C YD0 dollars ($ / 7, 73. 60 ) for the pa ent of which sum well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly, by these presents. /4 Sealed with our seals and dated this /O / day of , A.D. — th eteen wed - and c' WHE , the sai Principal has heretofore entered into a contract with Dated /y7 , 2062 , f or construction of: LA FRONTERA DOWNSTREAM DRAINAGE IMPROVEMENTS WHEREAS, the said Principal is required to guarantee the construction of all improvements installed under said contract, against defects in materials or workmanship, which may develop during the period of bnL year(s) from the date of acceptance of the project above described, by Owner: The City of Round Rock, Texas NOW, THEREFORE, THE CONDITIONS OF THE OBLIGATIONS IS SUCH, that if said Principal shall faithfully carry out and perform the said guarantee, and shall, on due notice, repair and make good at its own expense any and all defects in materials or workmanship in the said work which may develop during the period of A/96 year(s) from the date of acceptance of the project above described, by Owner: The City of Round Rock, Texas postbid.mst/spec master WARRANTY BOND PBD -8 WARRANTY BOND (continued) OR shall pay over, make good and reimburse to the said Obligee all loss and damage which said Obligee may sustain by reason of failure or default of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect. 7 Y/Yrfl.4, CD Principal Surety t (led Title c ' / _ Address 5 c) l x /2 Resident Agent of Surety: Printed Name L)D . /3o,( 36 v2 Address ,5 - 74 (y 7U7‘ City, State & Zip Code Signature postbid.mst/spec master PBD -9 /r/ ,z/ IT a / / .S Hartford Fire Insurance Company Hartford Casualty Insurance Company Hartford Accident and Indenmity Company Hartford Underwriters Insurance Company Please address inquiries regarding claims for all surety and fidelity products issued by The Hartford's underwriting companies to the following Phone Number . Fax - Underwriting : Fax - Claims E -mail Mailing Address . 888- 266 -3488 860 -547 -6672 860 -547 -8265 or 2092 claims@lstepsurety.com Twin City Insurance Company Hartford Insurance Company of Illinois Hartford insurance Company of the Midwest Hartford Insurance Company of the Southeast The Hartford The Hartford Fidelity & Bonding (BOND) Hartford Plaza 690 Asylum Avenue Hartford. CT 06115 ot Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT 88. Hartford COUNTY OF HARTFORD ))) HARTFORD FIRE INSURANCE COMPANY Hartford, Connecticut POWER OF ATTORNEY Know all men by these Presents, That HARTFORD FIRE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Connecticut, and having its principal office in the City of Hartford, County of Hartford, State of Connecticut. does hereby make, constitute and appoint Steve Schutze, Janis Winkler, Mary Pierce of Austin, Texas its tore and lawful Attorney(s) -in -Fact, with full power and authority to each of said Attomey(s)-in -Fact, in their separate capacity if more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies; guaranteeing the performance of insurance contracts where surety bonds are accepted by stales and municipalities, and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed, and to bind HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do In pursuance hereof. This Power of Attorney is granted under and by authority of the By -Laws of HARTFORD FIRE INSURANCE COMPANY, ('the Company') as amended by the Board of Directors at a meeting duly called and held on May 13'" 1999, as follows: ARTICLE IV SECTION 7. The President or any Vice President or Assistant Vice- President, acting with any Secretary or Assistant Secretary shall have power and authority to sign and execute and attach the seal of the Company to bonds and undertakings, recongnizances, contracts of indemnity and other writings obligatory in the nature thereof, and such instruments so signed and executed. with or without the common seal, shall be valid and binding upon the Company. SECTION 8 The President or any Vice - President or any Assistant Vice President acting with any Secretary or Assistant Secretary, shall have power and authority to appoint, for purposes only of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof, one or more resident Vice Presidents, resident Assistant Secretaries and Attorneys -in -Fact and at any time to remove any such resident Vice- President, resident Assistant Secretary, or Attomey-in -Fact, and revoke the power and authority given to him. Resolved, that the signatures of such Officers and the seal of the Company may be affixed to any such power of attomey or to any certificate relating thereto by facsimile, and any such power of attomey or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. In Witness Whereof, HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its Assistant Vice - President, and its corporate seal to be hereto affixed, duly attested by its Assistant Secretary, this 14th day of May 1999. On this 14th day of May, A.D. 1999, before me personally carne Robert L. Post, to me known, who being by me duly sworn, rid depose and say, that he resides in the County of Hartford, State of Connecticut that he is the Assistant Vice- President of HARTFORD FIRE INSURANCE COMPANY, the corporation described in and which executed the above instrument that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order oleo Board of Directors of said corporation and that he signed his name thereto by like order. Dated the 10th day June HARTFORD FIRE INSURANCE COMPANY Robprt L. Past, Assistant Vice President lean H. Wozniak Notary Public My Commission Expires June 30, 2004 I. the undersigned, Assistant Vice President of HARTFORD FIRE INSURANCE COMPANY, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore, that Article IV, Sections 7 and 8 of the By -Laws of HARTFORD FIRE INSURANCE COMPANY. set forth in the Power of Attorney, are now in force. Signed and sealed at the City of Hartford. 20 02 ,94.1 J. Dennis Lane, Assistant Vice President 4.0 GENERAL CONDITIONS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Contents 1. Definition of Terms 1.01 - Owner, Contractor and Engineer 1.02 - Contract Documents 1.03 - Subcontractor 1.04 - Sub- Subcontractor 1.05 - Written Notice 1.06 - Work 1.07 - Extra Work 1.08 - Working Day 1.09 - Calendar Day 1.10 - Substantially Completed General Conditions of Agreement 2. Responsibilities of the Engineer and the Contractor 2.01 - Owner- Engineer Relationship 2.02 - Professional Inspection by Engineer 2.03 - Payments for Work 2.04 - Initial Determinations 2.05 - Objections 2.06 - Lines and Grades 2.07 - Contractor's Duty and Superintendence 2.08 - Contractor's Understanding 2.09 - Character of Workers 2.10 - Contractor's Buildings 2.11 - Sanitation 2.12 - Shop Drawings 2.13 - Preliminary Approval 2.14 - Defects and Their Remedies 2.15 - Changes and Alterations 2.16 - Inspectors 3. General Obligations and Responsibilities 3.01 - Keeping of Plans and Specifications Accessible 3.02 - Ownership of Drawings 3.03 - Adequacy of Design 3.04 - Right of Entry gencond.mst/spec master GC-1 1 1 1 1 1 1 1 1 1 4. Prosecution and Progress 1 1 1 1 1 1 1 1 1 3. General Obligations and Responsibilities (cont'd) 3.05 - Collateral Contracts 3.06 - Discrepancies and Omissions 3.07 - Equipment, Materials and Construction Plant 3.08 - Damages 3.09 - Protection Against Accident to Employees and the Public 3.10 - Performance and Payment Bonds 3.11 - Losses from Natural Causes 3.12 - Protection of Adjoining Property 3.13 - Protection Against Claims of Subcontractors, etc. 3.14 - Protection Against Royalties or Patented Invention 3.15 - Laws and Ordinances 3.16 - Assignment and Subletting 3.17 - Indemnification 3.18 - Insurance 3.19 - Final Clean-Up 3.20 - Guarantee Against Defective Work 3.21 - Testing of Materials 3.22 - Wage Rates 4.01 - Time and Order of Completion 4.02 - Extension of Time 4.03 - Hindrances and Delays 5. Measurement and Payment 5.01 - Quantities and Measurements 5.02 - Estimated Quantities 5.03 - Price of Work 5.04 - Partial Payments 5.05 - Use of Completed Portions 5.06 - Final Completion and Acceptance 5.07 - Final Payment 5.08 - Payments Withheld 5.09 - Delayed Payments gencond.rost/spec master GC - 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 6. Extra Work and Claims 6.01 - Change Orders 6.02 - Minor Changes 6.03 - Extra Work 6.04 - Time of Filing Claims 6.05 - Continuing Performance 7. Abandonment of Contract 7.01 - Abandonment by Contractor 7.02 - Abandonment by Owner 8. Subcontractors 8.01 - Award of Subcontracts for Portions of Work 8.02 - Subcontractual Relations 8.03 - Payments to Subcontractors 9. Separate Contracts 9.01 - Owner's Right to Award Separate Contracts 9.02 - Mutual Responsibility of Contractors 9.03 - Cutting and Patching Under Separate Contracts 10. Protection of Persons and Property 10.01 - Safety Precautions and Programs 10.02 - Safety of Persons and Property 10.03 - Location and Protection of Utilities 11. Termination 11.01 - Termination by Owner for Cause 11.02 - Termination for Convenience gencond.mst/spec master GC-3 1. Definition of Terms 1.01 Owner, Contractor and Engineer 1.02 Contract Documents 1.03 Subcontractor 1.04 Sub - Subcontractor General Conditions of Agreement The Owner, the Contractor and the Engineer and those persons or organizations identified as such in the Agreement are referred to throughout the Contract Documents as if singular in number and masculine in gender. The term "Engineer" means the Engineer or his duly authorized representative. The Engineer shall be understood to be the Engineer of the Owner, and nothing contained in the Contract Documents shall create any contractual or agency relationship between the Engineer and the Contractor. The Contract Documents shall consist of the Notice to Contractors, Instructions to Bidders, Proposal, Signed Agreement, Performance and Payment Bonds (when required), Special Bonds (when required), General Conditions of the Agreement, Construction Specifications, Plans and all modifications thereof incorporated in any such documents before the execution of the agreement. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. In case of conflict between any of the Contract Documents, priority of interpretation shall be in the following order: Signed Agreement, Performance and Payment Bonds, Special Bonds (if any), Proposal, Special Conditions of Agreement, Notice to Contractors, Technical Specifications, Plans, and General Conditions of Agreement. The term "Subcontractor," as employed herein, includes only those having a direct contract with the Contractor. It includes one who furnishes material worked to special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. The term "Sub- Subcontractor" means one who has a direct or indirect contract with a Subcontractor to perform any of the work at the site. It includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. gencond.mst/spec master GC -4 1.05 Written Notice 1.06 Work Written notice shall be deemed to have been duly served if delivered in person to the individual or to an officer of the corporation for whom it is intended, or if delivered to or sent by registered mail to the last business address known to him who gives the notice. The Contractor shall provide and pay for all materials, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel, transportation and other facilities necessary for the execution and completion of the work covered by the Contract Documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which, when so applied, have a well -known technical or trade meaning shall be held to refer to such recognized standards. 1.07 Extra Work The term "Extra Work" shall be understood to mean and include all work that may be required by the Engineer or the Owner to be done by the Contractor to accomplish any change, alteration or addition to the work shown upon the plans, or reasonably implied by the specifications, and not covered by the Contractor's Proposal, except as provided under "Changes and Alterations" herein. 1.08 Working Day The term "Working Day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions, not under the control of the Contractor, will permit construction of the principal units of the work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. 1.09 Calendar Day The term "Calendar Day" is defined as any day of the week or month, no days being excepted. 1.10 Substantially Completed The term "Substantially Completed" shall be understood to mean that the structure has been made suitable for use or occupancy or that the facility is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. gencond.mst/spec master GC -5 2. Responsibilities of the Engineer and the Contractor 2.01 Owner - Engineer Relationship The Engineer will be the Owner's representative during construction. The duties, responsibilities and limitations of authority of the Engineer as the Owner's representative during construction are as set forth in the Contract Documents and shall not be extended or limited without written consent of the Owner and the Engineer. The Engineer will advise and consult with the Owner, and all of the Owner's instructions to the Contractor shall be issued through the Engineer. 2.02 Professional Inspection by Engineer The Engineer shall make periodic visits to the site to familiarize himself with the progress of the executed work and to determine if such work meets the essential performance and design features and the technical and functional engineering requirements of the Contract Documents; provided and except, however, that the Engineer shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on -site inspection of the quality or quantity of the work or be responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same incident thereto or in connection therewith. Notwithstanding any other provision of this agreement or any other Contract Document, the Engineer shall not be responsible or liable for any acts, errors, omissions or negligence of the Contractor, any Subcontractor or any of the Contractor's or Subcontractor's agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the work. 2.03 Payments for Work The Engineer shall review the Contractor's applications for payment and supporting data, determine the amount owed to the Contractor and recommend, in writing, payment to the Contractor in such amounts; such recommendation of payment to the Contractor constitutes a representation to the Owner of the Engineer's professional judgement that the work has progressed to the point indicated to the best of his knowledge, information and belief, but such recommendation of an application for payment to the Contractor shall not be deemed as a representation by the Engineer that the Engineer has made any examination to determine how or for what purpose the Contractor has used the monies paid on account of the contract price. 2.04 Initial Determinations The Engineer initially shall determine all claims, disputes and other matters in question between the Contractor and the Owner relating to execution or progress of the work or interpretation of the Contract Documents. The Engineer's decision shall be rendered in gencond.mslispec master GC - writing within a reasonable time, which shall not be construed to be less than ten (10) days. 2.05 Objections In the event the Engineer renders any decision which, in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with the Engineer within thirty (30) days his written objection to the decision, and by such action may reserve the right to submit the question so raised to litigation as hereinafter provided. 2.06 Lines and Grades Unless otherwise specified, all lines and grades shall be furnished by the Engineer or his representative. Whenever necessary, construction work shall be suspended to permit performance of this work, but such suspension will be as brief as practicable and the Contractor shall be allowed no extra compensation therefor. The Contractor shall give the Engineer reasonable notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him or his employees, such stakes, marks, etc , shall be replaced at the Contractor's expense. 2.07 Contractor's Duty and Superintendence The Contractor shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent English - speaking Superintendent and any necessary assistants to supervise and direct the work. The Superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. The Contractor is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements, the Owner and the Engineer being interested only in the result obtained and conformity of such completed improvements to the plans, specifications and contract. Likewise, the Contractor shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection and safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. Engineering construction drawings and specifications, as well as any additional information concerning the work to be performed passing from or through the Engineer, shall not be interpreted as requiring or allowing the Contractor to deviate from the plans and specifications; the intent of such drawings, specifications and any other such information being to define with specificity the agreement of the parties as to the work the Contractor is gencond.mst/spec master GC -7 to perform. The Contractor shall be fully and completely liable, at his own expense, for design, construction, installation, and use or non -use of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction. Any review of work in process, or any visit or observation during construction, or any clarification of plans and specifications, by the Engineer or the Owner, or any agent, employee, or representative of either of them, whether through personal observation on the project site or by means of approval of shop drawings for temporary construction or construction processes, or by other means or methods, is agreed by the Contractor to be for the purpose of observing the extent and nature of work completed or being performed, as measured against the drawings and specifications constituting the contract, or for the purpose of enabling the Contractor to more fully understand the plans and specifications so that the completed construction work will conform thereto, and shall in no way relieve the Contractor from full and complete responsibility for the proper performance of his work on the project, including but not limited to the propriety of means and methods of the Contractor in performing said contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Deviation by the Contractor from plans and specifications that may have been in evidence during any such visitation or observation by the Engineer, or any of his representatives, whether called to the Contractor's attention or not, shall in no way relieve the Contractor from his responsibility to complete all work in accordance with said plans and specifications. 2.08 Contractor's Understanding It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract. The Contractor agrees that he will make no claim against the Owner or the Engineer if, in the prosecution of the work, he finds that the actual site or subsurface conditions encountered do not conform to those indicated by excavation, test excavation, test procedures, borings, explorations or other subsurface excavations. No verbal agreement or conversation with any officer, agent or employee of the Owner or the Engineer either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. 2.09 Character of Workers The Contractor agrees to employ only orderly and competent workers, skillful in the performance of the type of work required under this contract, to do the work; and agrees that gencond.mstispec master GC -8 whenever the Engineer shall inform him in writing that any workers on the work are, in his opinion, incompetent, unfaithful or disorderly, or refuse instructions from the Engineer in the absence of the Superintendent, such worker shall be discharged from the work and shall not again be employed on the work without the Engineer's written consent. No illegal alien may be employed by any Contractor for work on this project, and a penalty of $500.00 per day will be assessed for each day and for each illegal alien who works for the Contractor at this project. 2.10 Contractor's Buildings The building of structures for housing workers, or the erection of tents or other forms of protection, will be permitted only at such places as the Engineer shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the Engineer. 2.11 Sanitation Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Engineer, and their use shall be strictly enforced. 2.12 Shop Drawings The Contractor shall submit to the Engineer, with such promptness as to cause no delay in his own work or in that of any other Contractor, four (4) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades, and the Engineer shall pass upon them with reasonable promptness, making desired corrections. The Contractor shall make any corrections required by the Engineer, file with him two (2) corrected copies and furnish such other copies as may be needed. The Engineer's review of such drawings or schedules shall not relieve the Contractor from responsibility for deviations from drawings or specifications, unless he has in writing called the Engineer's attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the Contractor's responsibility to fully and completelyreview all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the plans and specifications and within the contract time. Such review by the Engineer shall be for the sole purpose of determining the general conformity of said shop drawings or schedules to result in finished improvements in conformity with the plans and specifications, and shall not relieve the Contractor of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the Engineer does not assume any duty to pass upon the propriety or adequacy of such gencond.mst/spec master GC - drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during the Contractor's performance hereunder. 2.13 Preliminary Approval The Engineer shall not have the power to waive the obligations of this contract for the furnishing by the Contractor of good material, and of his performing good work as herein described, and in full accordance with the plans and specifications. No failure or omission of the Engineer to discover, object to or condemn any defective work or material shall release the Contractor from the obligations to fully and properly perform the contract, including without limitation, the obligation to at once tear out, remove and properly replace any defective work or material at any time prior to final acceptance upon the discovery of said defective work or material; provided, however, that the Engineer shall, upon request of the Contractor, inspect and accept or reject any material furnished, and in the event the material has been once accepted by the Engineer, such acceptance shall be binding on the Owner unless it can be clearly shown that such material furnished does not meet the specifications for this work. Any questioned work may be ordered taken up or removed for re- examination by the Engineer, prior to final acceptance, and if found not in accordance with the plans and/or specifications for said work, all expense of removing, re- examination and replacement shall be bome by the Contractor. Otherwise, the expense thus incurred shall be allowed as Extra Work and shall be paid for by the Owner; provided that, where inspection or approval is specifically required by the specifications prior to performance of certain work, should the Contractor proceed with such work without requesting prior inspection or approval he shall bear all expense of taking up, removing, and replacing this work if so directed by the Engineer. 2.14 Defects and Their Remedies It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Engineer as unsuitable or not in conformity with the plans, specifications, or the intent thereof, the Contractor shall, after receipt of written notice thereof from the Engineer, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. 2.15 Changes and Alterations The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying performance and gencond.mst/spec master GC -10 payment Bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages or anticipated profits on the work that may be dispensed with, except as provided for unit price items under Section 5 "Measurement and Payment ". If the amount of work is increased, and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this contract, except as provided for unit price items under Section 5 "Measurement and Payment ". Otherwise, such additional work shall be paid for as provided under Extra Work. In the event the Owner makes such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall compensate the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expense incurred in preparation for the work as originally planned. 2.16 Inspectors The Engineer may provide one (or more) field inspectors at the work site for the limited purpose of observing the work in progress and reporting back to the Engineer on the extent, nature, manner and performance of the work so that the Engineer may more effectively perform his duties hereunder. Such inspectors may also communicate between the Engineer and the Contractor their respective reports, opinions, questions, answers and clarifications concerning the plans, specifications and work but shall not be deemed the agent of the Contractor for all purposes in communicating such matters. Such inspectors may confer with the Contractor or the Contractor's Superintendent concerning the prosecution of the work and its conformity with the plans and specifications but shall never be, in whole or part, responsible for or charged with, nor shall he assume any authority or responsibility for the means, methods or manner of completing the work or of the superintendence of the work or of the Contractor's employees. It is expressly understood and agreed that any such inspector is not authorized by the Engineer or the Owner to independently act for either or answer on behalf of either, any inquiries of the Contractor concerning the plans, specifications or work. No inspector's opinion, advice, interpretation of the plans or specifications of this contract, apparent or express approval of the means or methods or manner of the Contractor's performance of work in progress or completed, or discovery or failure to discover or object to defective work of materials shall release the Contractor from his duty to complete all work in strict accordance with the plans and specifications or stop the Owner or the Engineer from requiring that all work be fully and properly performed including, if necessary, removal of defective or otherwise unacceptable work and the re -doing of such work. 3. General Obligations and Responsibilities gencond.mst/spec master GC -11 3.01 Keeping of Plans and Specifications Accessible The Engineer shall furnish the Contractor with an adequate and reasonable number of copies of all plans and specifications without expense to him and the Contractor shall keep one (1) copy of the same constantly accessible on the work, with the latest revisions noted thereon. 3.02 Ownership of Drawings All drawings, specifications and copies thereof furnished by the Engineer shall not be reused on other work, and, with the exception of the signed contract sets, are to be retumed to him on request, at the completion of the work. All models are the property of the Owner. 3.03 Adequacy of Design It is understood that the Owner believes it has employed competent engineers and designers. It is therefore agreed that the Owner shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, the safety of the structure and the practicability of the operations of the completed project provided that the Contractor has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof, and all approved additions and alterations thereto. 3.04 Right of Entry The Owner reserves the right to enter the property or location at which the works herein contracted for are to be constructed or installed, by such agent or agents as he may elect, for the purpose of inspecting the work or for the purpose of constructing or installing such collateral work as the Owner may desire. 3.05 Collateral Contracts The Owner agrees to provide, by separate contract or otherwise, all labor and material essential to the completion of the work specifically excluded from this contract, in such manner so as not to unreasonably delay the progress of the work or damage the Contractor, except where such delays are specifically mentioned elsewhere in the Contract Documents. The Owner will attempt to coordinate the collateral work of utility companies regulated by City franchises, but the City shall not be responsible for delays or other damages to the Contractor which may result from their acts or omissions. 3.06 Discrepancies and Omissions The Contractor shall provide written notice to the Engineer of any omissions or discrepancies gencond.mst/spec master GC -12 found in the contract. It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with generally accepted practices for construction. In the event of any discrepancies between the separate Contract Documents, the priority of interpretation defined under "Contract Documents" shall govem. In the event that there is still any doubt as to the meaning and intent of any portion of the contract, specifications or drawings, the Engineer shall define what is intended to apply to the work. 3.07 Equipment, Materials and Construction Plant The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction, and any and all parts of the work, whether the Contractor has been paid, partially paid, or not paid for such work, until the entire work is completed and accepted. 3.08 Damages In the event the Contractor is damaged in the course of completion of the work by the act, negligence, omission, mistake or default of the Owner or the Engineer, thereby causing loss to the Contractor, the Owner agrees that he will reimburse the Contractor for such loss. In the event the Owner is damaged in the course of the work by the act, negligence, omission, mistake or default of the Contractor, or should the Contractor unreasonably delay the progress of the work being done by others on the job so as to cause loss for which the Owner becomes liable, then the Contractor shall reimburse the Owner for such loss. 3.09 Protection Against Accident to Employees and the Public The Contractor shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state, and municipal safety laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America, except where incompatible with federal, state, or municipal laws or regulations. The Contractor shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the Contractor, acting at his discretion as an independent contractor. In the event there is an accident involving injury to any individual on or near the work, the Contractor shall immediately notify the Owner and the Engineer of the event and shall be responsible for recording the location of the event and the circumstances surrounding the event through photographs, interviewing witnesses, obtaining of medical reports and other gencond.mst/spec master GC -13 documentation that defines the event. Copies of such documentation shall be provided to the Owner and the Engineer for their records. 3.10 Performance and Payment Bonds Unless otherwise specified, it is further agreed by the parties to the contract that the Contractor will execute separate performance and payment bonds, each in the sum of one hundred (100 %) percent of the total contract price, on standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantee required, and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the contract. If the contract price is $25,000.00 or less, no payment or performance bond shall be required. It is agreed that the contract shall not be in effect until such performance and payment bonds are furnished and approved by the Owner. Unless otherwise specified, the cost of the premium for the performance and payment bonds shall be included in the price bid by the Contractor for the work under this contract, and no extra payment for such bonds will be made by the Owner. Unless otherwise approved in writing by the Owner, the surety company underwriting the bonds shall be licensed to write such bonds in the State of Texas. 3.11 Losses from Natural Causes Unless otherwise specified, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 3.12 Protection of Adjoining Property The said Contractor shall take proper means to protect the adjacent or adjoining property or properties, in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. The Contractor agrees to indemnify, save and hold harmless the Owner and the Engineer against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of the contract regardless of whether or not it is caused in part by a party indemnified hereunder, but any such indemnity shall not apply to any claim of any kind arising solely out of the existence or character of the work. gencond.mst/spee master GC - 3.13 Protection Against Claims of Subcontractors, Laborers, Materialmen and Furnishers of Machinery, Equipment and Supplies The Contractor agrees that he will indemnify and save the Owner and the Engineer harmless from all claims growing out the lawful demands of Subcontractors, laborers, workers, mechanics, material men and fumishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this contract. When so desired by the Owner, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the Contractor fails to do so, then the Owner may either pay directly any unpaid bills of which the Owner has written notice, or may withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such lawful claims. When satisfactory evidence is furnished that all liabilities have been fully discharged, payments to the Contractor shall be resumed in full in accordance with the terms of this contract, but in no event shall the provisions of this sentence be construed to impose any obligation upon the Owner by either the Contractor or his surety. 3.14 Protection Against Royalties or Patented Invention The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by 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 Owner and the Engineer harmless from any loss on account thereof, except that the Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required by the Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then the Contractor shall indemnify and save the Owner harmless form any loss on account thereof. If the material or process specified or required by the Owner is known by the Contractor to be an infringement, the Contractor shall be responsible for such loss unless he promptly gives such information to the Owner. 3.15 Laws and Ordinances The Contractor shall at all times observe and comply with all federal, state and local laws, ordinance and regulations, which in any manner affect the contract or the work, and shall indemnify and save harmless the Owner and the Engineer against any claim arising from the violation of any such laws, ordinances, and regulations whether by the Contractor or his employees, except where such violations are called for by the provisions of the Contract Documents. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Engineer in writing, and any necessary changes shall be prepared 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 gencond.mstlspee master GC -15 without such notice to the Engineer, he shall bear all costs arising therefrom. In case the Owner is a body politic and corporate, the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contract, shall be controlling and shall be considered as part of this contract to the same effect as though embodied herein. 3.16 Assignment and Subletting The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney or otherwise, or sublet said contract without the written consent of the Engineer, and that no part or feature of the work will be sublet to anyone objectionable to the Engineer or the Owner. The Contractor further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner as provided by this agreement. 3.17 Indemnification The Contractor shall defend, indemnify and hold harmless the Owner and the Engineer and their respective officers, agents and employees, from and against all damages, claims, losses, demands, suits, judgements and costs, including reasonable attorneys' fees and expenses, arising out of or resulting from the performance of the work, provided that any such damage, claim, loss, demand, suit, judgment, cost or expense: 1. is attributable to bodily injury, sickness, disease or death of any person including Contractor's employees and any Subcontractor's employees and any Sub - subcontractor's employees, or to injury to or destruction of tangible property including Contractor's property (other than the work itself) and the property of any Subcontractor of Sub - subcontractor including the loss of use resulting therefrom; and, 2. is caused in whole or in part by any intentional or negligent act or omission of the Contractor, any Subcontractor, any Sub - subcontractor or anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the Contractor under this paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation of maps, plans, reports, surveys, change orders, designs or specifications, or the approval of maps, plans, reports, surveys, change orders, designs or specifications or the issuance of or the failure to give directions or instructions by the Engineer, his agents or employees, provided such is the sole cause of the injury or damage. gencond.mst/spec master GC -16 In any and all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, any Subcontractor, any Sub - subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 3.17 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor or Sub - subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. 3.18 Insurance The Contractor shall carry insurance as follows for the duration of this contract. A. Statutory Workmen's Compensation. Definitions: Certificate of coverage ("certificate") - a copy of a certificate of insurance, a certificate of authority to self - insure issued by the Texas Workers' Compensation 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 governmental entity. 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. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that 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. gencond.mst/spec master GC -17 This coverage shall include the following terms: (a) (b) Employer's Liability limits of $100,000.00 for each accident is required. "Texas Waiver of Our Right to Recover From Others" Endorsement WC 42 03 04 shall be included in this policy. ( c) Texas must appear in Item 3A of the Worker's Compensation coverage or Item 3C must contain the following: "As States except those listed in 3A and the States of NV, ND, OH, WA, WV, and The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 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 governmental entity showing that coverage has been extended. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) gencond.mst/spec master GC -18 no later than seven (7) calendar 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. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. The Contractor shall notify the govemmental entity in writing by certified mail or personal delivery, within ten (10) calendar 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. 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. The Contractor shall contractually require each person with whom it contracts to provide services on the project to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts of filing of any coverage agreements, that meets the statutory requirements ofTexas Labor Code, Section 401.011(44), for all of its employees providing services on the project, for the duration of the project; (b) (g) gencond.mst/spec master GC - 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; (c) 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; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) 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; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) calendar 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 contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. By signing this contract, or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity 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 ofa 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, and/or other civil actions. The Contractor's failure to comply with any of these provisions is abreach of contract by the contractor that entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten (10) calendar days after the receipt of notice of breach from the governmental entity. B. Comprehensive General Liability Insurance with minimum Bodily Injury limits of $300,000 for each occurrence including like coverage for acts and omissions of Subcontractors and contractual liability coverage. C. Property Damage Insurance with minimum limits of $50,000 for each occurrence including like coverage for acts and omissions of Subcontractors and contractual liability coverage. D. Automobile Liability Insurance for all owned, non - owned, and hired vehicles with minimum limits for Bodilylnjuryof$100,000 for each person and $300,000 for each occurrence and Property Damage minimum limits of $50,000 for each occurrence. Contractor shall require Subcontractors to provide Automobile Liability Insurance with same minimum limits. The Contractor shall not commence work at the site under this contract until he has obtained all required insurance and until such insurance has been approved by the Owner and the Engineer. The Contractor shall not allow any Subcontractors to commence work until all insurance required has been obtained and approved. Approval of the insurance by the Owner and the Engineer shall not relieve or decrease the liability of the Contractor hereunder. The required insurance must be written by a company licensed to do business in Texas at the time the policy is issued. In addition, the company must be acceptable to the Owner and all insurance (other than workers' compensation) shall be endorsed to include the Owner as an additional insured thereunder. The Contractor shall not cause any insurance to be cancelled nor permit any insurance to lapse. All insurance certificates shall include a clause to the effect that the policy shall not be cancelled or reduced, restricted or limited until ten (10) days after the Owner has received gencond.mst/spec master GC -20 written notice as evidenced by return receipt of registered or certified letter. Certificates of insurance shall contain transcripts from the proper office of the insurer, evidencing in particular those insured, the extent of the insurance, the location and the operations to which the insurance applies, the expiration date, and the above - mentioned notice of cancellation clause. 3.19 Final Clean - up Upon the 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 all surplus and discarded materials, temporary structures and debris of every kind. He shall leave the site of the work in a neat and orderly condition at least 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. In the event the Contractor fails or refuses to clean and remove surplus materials and debris as above provided, the Owner or the Engineer may do so, or cause same to be done, at the Contractor's expense, and the reasonable cost thereof shall be deducted from the final payment. 3.20 Guarantee Against Defective Work The Contractor warrants the materials and workmanship and that the work is in conformance with the plans and specifications included in this contract for a period of one year from the date of acceptance of the project. Said warranty binds the Contractor to correct any work that does not conform with such plans and specifications or any defects in workmanship or materials furnished under this contract which may be discovered within the said one year period. The Contractor shall at his own expense correct such defect within thirty (30) days after receiving written notice of such defect from the Owner or the Engineer by repairing same to the condition called for in the Contract Documents and plans and specifications. Should the Contractor fail or refuse to repair such defect within the said thirty (30) day period or to provide acceptable assurances that such repair work will be completed within a reasonable time thereafter, the Owner may repair or cause to be repaired any such defect at the Contractor's expense. 3.21 Testing of Materials Unless otherwise specified, testing of all materials to be incorporated into the project will be as directed by the Engineer at the expense of the Owner. All retesting for work rejected on the basis of test results will be at the expense of the Contractor and the extent of the retesting shall be determined by the Engineer. The Engineer may require additional testing for failing tests and may require two (2) passing retests before acceptance will be made by the Owner. The testing laboratory will be designated by the Owner. gencond.mstispec master GC -21 All materials to be incorporated into the project must meet the requirements of these specifications. For manufactured materials such as reinforcing steel, expansion joint materials, concrete pipe, cement, miscellaneous steel, cast iron materials, etc., the Contractor will be required to furnish a manufacturer's certificate stating that the material meets the requirements specified for this project. 3.22 Wage Rates (Information From Chapter 2258 Texas Government Code Title 10) 2288.021. Duty of Government Entity to Pay Prevailing Wage Rates a. The state or any political subdivision of the state shall pay a worker employed by it or on behalf of it: (1) not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and (2) not less than the general prevailing rate of per diem wages for legal holiday and overtime work. b. Subsection (a) does not apply to maintenance work. c. A worker is employed on a public work for the purposes of this section if the worker is employed by a contractor or subcontractor in the execution of a contract for the public work with the state, a political subdivision of the state, or any officer or public body of the state or a political subdivision of the state. 2258.023. Prevailing Wage Rates to be Paid by Contractor and Subcontractor; Penalty a. The contractor who is awarded a contract by a public body or a subcontractor of the contractor shall pay not less than the rates determined under Section 2258.022 to a worker employed by it in the execution of the contract. b. A contractor or subcontractor who violates this section shall pay to the state or a political subdivision of the state on whose behalf the contract is made, $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. A public body awarding a contract shall specify this penalty in the contract. c. A contractor or subcontractor does not violate this section if a public body awarding a contract does not determine the prevailing wage rates, and specify the rates in the contract as provided by Section 2258.022. d. The public body shall use any money collected under this section to offset the costs incurred in the administration of this chapter. e. A municipality is entitled to collect a penalty under this section only if the municipality has a population of more than 10,000. 2258.051. Duty of Public Body to Hear Complaints and Withhold Payment A public body awarding a contract, and an agent or officer of the public body, shall: gencond.mst/spec master GC-22 1. take cognizance of complaints of all violations of this chapter committed in the execution of the contract; and 2. withhold money forfeited or required to be withheld under this Chapter from the payments to the contractor under the contract, except that, the public body may not withhold money from other than the final payment without determination by the public body that there is good cause to believe that the contractor has violated this chapter. WR1001 July 1997 Applicable wage rates are shown in Section 06 WAGE RATES of the SPECIAL CONDITIONS. 4. Prosecution and Progress 4.01 Time and Order of Completion It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such times and seasons, m such order of precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and the time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the proposal: provided, also, that when the Owner is having other work done, either by contract or by his own force, the Engineer may direct the time and manner of constructing the work done under this contract, so that conflict will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Engineer, schedules which shall show the order in which the Contractor proposes to carry on the Work, with dates at which the Contractor will start the several parts of the work, and estimated dates of completion of the several parts. 4.02 Extension of Time Should the Contractor be delayed in the completion of the work by any act or neglect of the Owner or the Engineer, or of any employee of either, or by other contractors employed by the Owner, 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 the delay, then an extension of 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. Adverse weather conditions will not be justification for extension of time on "Calendar Days" contracts. 4.03 Hindrances and Delays geneond.mst/spec master GC-23 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 and for the convenience of the Owner) during the progress of any portion of the work embraced in this contract. In case said work shall be stopped by the act of the Owner, then such expense as in the judgment of the Engineer is caused by such stoppage of said work shall be paid by the Owner to the Contractor. 5. Measurement and Payment 5.01 Quantities and Measurements No extra or customary measurements of any kind will be allowed, but the actual measured and/or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. 5.02 Estimated Quantities This agreement, including the specifications, plans and estimate, is intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. It is understood and agreed that the actual amount of work to be done and material to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of such work done and 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 case the actual quantity of any major item should become as much as twenty percent (20 %) more than, or twenty percent (20 %) less than the estimated or contemplated quantity for such items, then either party to this agreement, upon demand, shall be entitled to revised consideration upon the portion of the work above or below twenty percent (20 %) of the estimated quantity. A "Major Item" shall be construed to be any individual bid item incurred in the proposal that has a total cost equal to or greater that five percent (5 %) 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 ". gencond.mstlspec master GC -24 5.03 Price of Work In consideration of the furnishing of all the necessary labor, equipment and material, and the completion of all work by the Contractor, and on the completion of all work and on the delivery of all material embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the prices set forth in the proposal hereto attached, which has been made a part of this contract. The Contractor hereby agrees to receive such prices in full for furnishing all material and all labor required for the aforesaid work, also for all expense incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this agreement. 5.04 Partial Payments On or before the first day of each month, the Contractor shall submit to the Engineer a statement showing the total value of the work performed up to and including the 25th day of the preceding month. The statement shall also include the value of all sound materials delivered on the job site and to be included in the work and all partially completed work whether bid as a lump sum or a unit item which in the opinion of the Engineer is acceptable. The Engineer shall examine and approve or modify and approve such statement. The Owner shall then pay the Contractor on or before the 20th day of the current month the total amount of the approved statement, less five percent (5 %) of the amount thereof, which five percent (5 %) shall be retained until final payment, and further less all previous payments and all further sums that may by retained by the Owner under the terms of this agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the Contractor, then the Owner may, upon written recommendation of the Engineer, pay a reasonable and equitable portion of the retained percentage to the Contractor; or the Contractor, at the Owner's option, may be relieved of the obligation to fully complete the work and, thereupon, the Contractor shall receive payment of the balance due him under the contract subject only to the conditions stated under "Final Payment ". 5.05 Use of Completed Portions The Owner shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions may not have expired. Such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost or delays the work, the Contractor shall be entitled to such extra compensation, extension of time, or both, as the Engineer may determine. The Contractor shall notify the Engineer when, in the Contractor's opinion, the contract is "substantially completed" and when so notifying the Engineer, the Contractor shall furnish to gencond.mst/spec master GC-25 the Engineer in writing a detailed list of unfinished work. The Engineer will review the Contractor's list of unfinished work and will add thereto such items as the Contractor has failed to include. The "substantial completion" of the structure or facility shall not excuse the Contractor from performing all of the work undertaken, whether of a minor or major nature, and thereby completing the structure or facility in accordance with the Contract Documents. 5.06 Final Completion and Acceptance Within ten (10) days after the Contractor has given the Engineer written notice that the work has been completed, or substantially completed, the Engineer and the Owner shall inspect the work and within said time, if the work is found to be completed in accordance with the Contact Documents, the Engineer shall issue to the Owner and the Contractor his Certificate of Completion, and thereupon it shall be the duty of the Owner to issue a Certificate of Acceptance to the Contractor or to advise the Contractor in writing of the reason for non- acceptance. 5.07 Final Payment Upon the issuance of the Certificate of Completion, the Engineer shall proceed to make final measurements and prepare fmal statement for the value of all work performed and materials furnished under the terms of the agreement and shall certify same to the Owner, who shall pay to the Contractor on or before 35th day after the date of the Certificate of Completion, the balance due the Contractor 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 provision in the Contract Documents, shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required. 5.08 Payments Withheld The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as maybe necessary to protect himself from loss on account of: a) Defective work not remedied or other obligations hereunder not done. 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 the Owner or another contractor's work, material or equipment. e) Reasonable doubt that the work can be completed for the unpaid balance of the gencond.mst/spec master GC-26 contract amount. Reasonable indication that the work will not be completed within the contract time. Other causes affecting the performance of the contract. When the above grounds are removed or the Contractor provides a surety bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 5.09 Delayed Payments Should the Owner fail to make payment to the Contractor of the sum named in any partial or final statement, when payment is due, then the Owner 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 as provided under "Partial Payments" and "Final Payment," until fully paid, which shall fully liquidate any injury to the Contractor growing out of such delay in payment. It is expressly agreed that delay by the Owner in making payment to the Contractor of the sum named in any partial or fmal statement shall not constitute a breach of this contract on the part of the Owner nor an abandonment thereof nor shall it to any extent or for any time relieve the Contractor of his obligations to fully and completely perform hereunder. 6. Extra Work and Claims 6.01 Change Orders Without invalidating this agreement, the Owner may at any time or from time to time order additions, deletions or revisions to the work; such changes will be authorized by change order to be prepared by the Engineer for execution by the Owner and the Contractor. The change order shall set forth the basis for any change in contract price, as hereinafter set forth for extra work, and any change in contract time which may result from the change. In the event the Contractor shall refuse to execute a change order which has been prepared by the Engineer and executed by the Owner, the Engineer may in writing instruct the Contractor to proceed with the work as set forth in the change order and the Contractor may make claim against the Owner for extra work involved therein, as hereinafter provided. 6.02 Minor Changes The Engineer may authorize minor changes in the work not inconsistent with the overall intent of the Contract Documents and not involving an increase in contract price. If the Contractor gencond.mst/spec master GC CITY OF ROUND ROCK CUSTOM TRAILER COMPLETELY ENCLOSED PART 1 GENERAL CLAUSES AND CONDITIONS Page 1 of 7 SPECIFICATION NO. 02 -07059 DATED: March 2002 1. The equipment furnished under this specification shall be the latest improved model m current production, as offered to commercial trade, and shall be of quality workmanship and material. The bidder represents that all equipment offered under this specification shall be new. USED, SHOPWORN, DEMONSTRATOR, PROTOTYPE, OR DISCONTINUED MODELS ARE NOT ACCEPTABLE. 2. Bidder should submit with the bid, the latest printed literature and detailed specification on equipment the bidder proposes to furnish. 3. The unit shall be completely assembled and adjusted, and all equipment including standard and supplemental equipment shall be installed and the unit made ready for continuous operation. 4. All parts not specifically mentioned which are necessary for the unit shall be complete and ready for operation or which are normally furnished as standard equipment shall be furnished by the vendor. All parts shall conform in strength, quality and workmanship to the accepted standards of the industry. 5. The unit provided shall meet or exceed all federal and state of Texas safety, health, lighting and noise regulations and standards in effect and applicable to equipment furnished at the time of manufacture. 6. The City of Round Rock is committed to procuring quality goods and equipment. We encourage manufacturers to adopt the International Organization for Standardization (ISO) 9001 -9003 standards, technically equivalent to the American National Standards Institute /American Society for Quality Control (ANSI/ASQC Q91 -93 1987), and obtain certification. Adopting and implementing these standards is considered beneficial to the manufacturer, the City, and the environment. It is the City's position that the total quality management concepts contained within these standards can result in reduced production costs, higher quality products, and more efficient use of energy and natural resources. Manufacturers should note that future revisions to this specification might require ISO certification. 7. Any variation from this specification must be indicated on the bid or on a separate attachment to the bid. The sheet shall be labeled as such. 8. It is the intent of the City to purchase good and equipment having the least adverse environmental impact, within the constraints of statutory purchasing requirements, departmental needs, availability, and sound economical considerations. Suggested changes and environmental enhancements for possible inclusion in future revisions of this specification are encouraged. PART 11 SPECIFICATIONS Page 2 of 7 SPECIFICATION NO. 02 -07059 DATED: March 2002 SCOPE: This specification describes a custom built trailer will be used as a breathing air apparatus refill station by the Fire Department. The trailer shall carry extra air packs; refill air packs, and provide rehabilitation services in the area of operation. The trailer shall be equipped with a diesel powered generator to power all equipment and components installed. Designed.to accommodate City owned air fill station, fill station cylinders, booster pump, port a cool fan and repair parts for the air packs. Unit(s) furnished to these specifications shall meet or exceed all requirements herein. 2. INTENT: These specifications cover only the general requirements as to the performance and some design criteria, as well as vendor responsibilities for manufacturing custom built trailers. Minor details of construction and materials not otherwise specified shall be the sole responsibility of the manufacturer. The manufacturer shall be responsible for proper weight distribution, designing and furnishing a trailer that meets all of the performance requirements, as well as provide equipment that is designed for the intended application. 3. EXAMPLES: Magnum CVG3227 or City approved equal. 4. NOTICE TO BIDDERS: Any example shown is listed to show type and class of equipment desired. Bidders are cautioned to read the specifications carefully, as there may be special requirements not commonly offered by the equipment manufacturer. Do not assume your standard equipment meets all detailed specification merely because it is listed as an example. Bidders are cautioned that unit(s) delivered to the FOB points, which do not meet specifications in every aspect will not be accepted. 5. TRAILER: Shall be van type, tandem -axle, designed for towing at high way speeds of up to 70 MPH. Over all dimensions and weight shall not exceed state and federal regulations, wherein the trailer is legal to traverse over the roadways without any special permits. See attached drawings. The trailer shall be constructed and equipped with the following at a minimum: 5.1. Frame and steel structure shall be Magnum 3o ure&tube -S 18 or Approved eq 1 5.2. Chassis shall be fabricated with a minimum 3 me by 8 inc by 71 ihch tu1ni r steel main rails and matching height fabricated c- section cross members /square outriggers undercoated with a corrosion preventive compound. - 5.3. H- tensile heavy duty anodized lower body extrusion. 5.4. Heavy -duty radius steel comer post for maximum strength (all corners). Bottom of frame to roof bows shall be a minimum 12 gauge welded steel 5.5. Floor shall be a minimum' /. inch exterior grade plywood with flexible abrasion resistant undercoating applied to exposed bottom side before installation over floor foil insulation and sealer. Note: Foil is floor insulation installed under 14 inch plywood - i5.6. Special vinyl electrolytic barrier between steel body and aluminum exterior. Non conductive barrier to prevent electrolysis. X5.7. Exterior aluminum fastened steel up rights with Stal -guard coated fasteners. '5.8. Extruded anodized aluminum roof cove with formed drip rails to provide attachment of roof sheet as well as structural strength. This cove shall be designed to prevent leaking and to keep rain off top of door and provides rigidity to the roof. - .9. Roof shall be constructed of one -piece 30 gauge minimum galvanized steel. '5.10. Steel fenders constructed of minimum 16 gauge formed steel and enclosed. V5.11. Frame shall be hot phosphate cleaned before oxide priming, painting and undercoating to insure maximum adhesion. Page 3 of 7 SPECIFICATION NO. 02 -07059 DATED: March 2002 5.12. All exposed steel framework shall be polyurethane painted. X5.13. Exterior Doors: All exterior doors shall be mounted on the curbside of the trailer only. / 5.13.1. Main walk/entry door shall be a minimum 26 inch bonded aluminum — interior grade inch plywood with insulation Styrofoam core bonded to aluminum exterior sheet and interior plywood perimeter fabricated from heavy aluminum extrusions, injected molded comers and aluminum strap hinge auto type seal. A recessed step for easy entry ability to open door from the inside and outside. The doors shall be paddle lock type, X5.13.2. Side doors shall be injection- molded doors with nylon hold back assembly. ." 5.13.3. Rear ramp door shall be extended heavy -duty construction with spring assist lift with cam locks. Ramp shall be constructed of expanded metal heavy -duty non -skid surface. Magnum 8X8HD or City approved equal. ,/ 5.13.4. Fold over ramp extension shall be extruded aluminum at a minimum of 85 '/ inches and shall be skid resistant. 5.14. Equipped with two 8,000 pound oilier axles .- 5.15. Torsion - spring type suspension 5.16. Steel automotive type wheels, steel belted radials with highway treads having a minimum 8 ply rating (load range H) and a locking type lug nut with key on each wheel. Implement tires are not acceptable. _ t 5.17. One full size spare tire and wheel, same as original tires provided and mounted with steel. < 5.18. Equipped with �n 5/16 inch top mounted ball coupler with replaceable locking pin with a !/� minimum 30,000 -pound capacity arm. , Two minimum 12,000 pound capacity jack stands and two adjustable stabilizer bars (rear side) for stabilizing and leveling the unit when static. /5.20. A hydraulic ram hoist jack installed on exterior front wall center. Magnum 18XP or approved equal. 6. VAN EXTERIOR: The van shall be constructed and equipped with the following at a minimum: See attached drawings. r✓ Generator Compartment shall be a sealed construction with partition wall insulation and cross flow vents at the goosen k area of the trailer. Compartment shall be equipped with three lift -up awnings, 2 roof vents an slide tra ul k SCBA air cylinder compartment shall be located over wheels on the curbside of the trailer. Compartment shall be constructed to house a minimum of fifteen tanks in pre -made rack, 44 inches high by 27 inches long by 24.5 inches deep with easy access from exterior. ,6.3. Equipped with a 20 -foot roll out awning installed on curbside of trailer, Magnum model No. 20 or approved equal. ,z6.4. Aluminum stone guard model, Magnum model No. 1124 or approved equal. i• /6.5. Equipped with a minimum of two, 500 watt Halogen lights with stainless steel enclosure mounted into the steel frame of the exterior. /6.6. Equipped with a minimum of two outside Ground Fault Indicator (GFI) plugs in front of each fender. 7. VAN INTERIOR: The van shall be constructed and equipped with the following at a minimum: See attached drawings 77.1. Constructed with a minimum seven foot six inch inside height with ceiling lined and insulated. Magnum model No. 3608 or approved equal. %7.3. SPECIFICATION NO. 02 -07059 DATED: March 2002 Walls shall be 3/8 inch ply installed over insulation and painted with paint selected and approved by the City. 144 foot "E" track welded to hatbands at 18 and 48 inches above the floor on all sides/walls. z.7.4. Roof vents, a minimum of two, shall be installed approximately 9 feet from rear door and 2 feet from front of trailer. X7.5. Custom laminated workbench and cabinets shall be installed in front of the trailer, to the right of the main door. Workbench shall be a minimum 24 inches deep 36 inches high and the full width of the trailer. The cabinets shall consist of a minimum three doors. .tT��ir� Lights, a minimum of three, 8 -foot florescent lights shall be installed s -by -side m center of ceiling with one Tight switch to the left of the main door another light switch to the right of the ramp door. Eight — 12 volt lights with 3 -way switches installed left of the main door and to the right of the ramp. " Four duplex plugs - two installed in the front wall below the gooseneck and one in each sidewall close to the front wall. "7.9. One 50 amp electrical outlet. Service shall be equipped with 25 -foot cord mounted to the right of main door approximately 68 inches above floor. 7.10. Clear plastic curtains, vertical louvered type shall be installed at the rear and main side doors. Magnum model No. HDSP8 or approved equal. 8. HEATING AND COOLING: The trailer shall be equipped with two air conditioning units with heat strips, a minimum 15,006BTU or as recommended by the manufacturer to efficiently heat and cool the trailer in ambient temperatures of 115° F to as low as': roof. �9. GENERATOR: The trailer shall be equipped with a generator, 12kw diesel powered, super quiet, all weather fully enclosed with an approximate weight of 749 pounds. Honda or City approved equal. NOTE: generator shall ft into and be installed in compartment designed for it at the gooseneck area of the trailer. }. L=F• 1 D. ELECTRICAL: All 12 -volt lighting wires shall be run through tub frame and to junction box at rear of trailer. 11. EOUIPMENT: The following City owned equipment shall be installed on the trailer. NOTE: The vendor shall ensure that the equipment is installed with appropriate weight distribution for safe and lawful motoring. yil l 1. Breathing Air Fill Station, 66inches height by 23 inches wide by 38 inches long and approximately 1400 pounds v -11.2. A minimum of four air tanks, each tank/bottle is 58 inches height by 30 inches round and approximately 130 pounds. 141.3. A booster pump, 15 inches height by 15 inches wide by 32 inches long, and approximately 65 pounds. v11.4. SCBA cylinder rack, 44 inches height by 27 inches long by 24.5 inches deep and approximately 120 pounds. F'12. PAINT: The unit shall be painted Red except for glass, rubber and those metallic accessories or fixtures constructed of rust- resistant or plated material not normally painted. Lead paint is not acceptable. All paint to be baked on @ 180F degrees. ��13. BRAKES: The unit shall be provided with the following: 5 inch x 12 inch electric brakes. Page 4 of 7 SPECIFICATION NO. 02 -07059 DATED: March 2002 y. 13.1. Wet cell breakaway battery system shall comply with all DOT requirements Sec. #393.4. and Sec. # 393.52. To include LED indicator light to assure proper battery condition to meet these requirements. 14. SAFETY CHAINS: Two -safety chain, equipped with integral safety hooks having spring -type hook latches shall be attached to the tongue. The throat of the safety hooks shall accommodate a three -inch D ring. Chain to be Y. inch x39 inch grade 70. 14.1. Each chain shall be of sufficient length for the coupled towing truck and trailer to make full turns without binding. 14.2. Each chain shall be of sufficient length for crossin beneath the tongue to form a cradle, which shall prevent the tongue from coming into contact with the road surface if the trailer hitch becomes disconnected. 14.3. Two twin clevis links shall be provided for adjusting chain length. 14.4. Chains shall be connected to the trailer to the rear of the gooseneck - mounting place by means of two 5/8 -inch bolts parallel to one another, on both sides of the trailer tongue and comply with DOT requirement for 35000 LB. 14.5. Chains shall not be welded to the trailer frame. 14.6. Cold shut, quick link, lap link, and missing like couplers are not acceptable. i /�� d / /` r�>i/ 14.7. Weight distribution: all components securely mounted to the trailer and designed so the weight on — the towing tongue shall not exceed 15 percent of , a gross trailer weight. %) d- E i J l+ -uS 1 S � . r' — �: ' •J-7 >- f ,0-r . CcL; 1 15. LIGHTING: Vendor shall install all lights and reflectors in accordance with State and Federal rules and regulation, and as described below: 15.1. All wiring enclosed in a fibrous loom, plastic loom or flexible conduit, securely fastened at sufficient intervals to prevent sagging and insure clearance of mechanical parts, routed through the sub -frame, body or the deck, in a manner which does not interfere with normal operation and use, or present a safety hazard. A wiring harness ifh_ waypluR f r connection of the trailer lighting to that of the towing ` I �- vehicle with each wire labeled to ide the system to which it is to be connected. 1 ` 15.3. Screw or Bolt mounted assemblies - Lamps and reflectors shall be mounted at the lower portion of each side, not less than 24 inches or more than 60 inches above the ground. Reflectors shall indicate the extreme length of the trailer, and may be incorporated into one unit. Snap -in lenses or stick -on reflectors are prohibited. All lights to be LED — tilts to be wrap around style LED. 15.4. A license -plate holder with a lamp displaying a white light at the center or left rear corner of the trailer with holder positioned so that license plate will not hang below the deck level. 15.5. One each stop light, tail light and turn indicator light shall be mounted on each rear comer. Lamps and reflectors may be incorporated into one unit. 15.6. The front of the trailer shall be equipped with two amber clearance lamps and the rear with two red clearance lamps. The clearance lamps shall, so far as practicable, be mounted on the permanent structure of the trailer in such a manner as to indicate the extreme height and width of the trailer. Page 5 of 7 Page 6 of 7 SPECIFICATION NO. 02 -07059 DATED: March 2002 15.7. Each side of trailer shall be equipped with an amber lamp mounted at the front and a red lamp mounted at the rear. Side marker lights shall be mounted so as to indicate the extreme height and length of the trailer. 15.8. Each side of the trailer shall be equipped with an amber reflector at the front and a red reflector at the rear. Reflectors shall be mounted at the lower portion of each side, not less than 24 inches nor more than 60 inches above the ground. Reflectors shall indicate the extreme length of the trailer. 16. SAFETY PLAOUES OR DECALS: Safety plaques or decals shall be furnished and affixed at the operator's station and at any hazardous area. Plaques or decals shall include necessary warnings and precautions. Permanent plaques are preferred to decals. 17. MANUAL(S): Two copies each of an illustrated parts book, operator's manual, and service manual shall be delivered with each unit. These shall include, at minimum, all appropriate manuals for the brakes, hydraulic and electrical system. 17.1. Additionally, one set of complete wiring, air cooling system, and hydraulic schematics shall be delivered with each unit. All schematics shall be clear, legible, and indicate the location of each component. 17.2. The manuals and schematics supplied shall provide complete and comprehensive information on all equipment, equipment components, and accessories, as supplied to comply with this specification. If changes, modifications, additions, or alternations of any kind are made on the equipment, the vendor shall provide blueprints, line drawings, and descriptive text sufficient to allow one of average skill in general mechanics to diagnose, repair, and maintain the equipment and all components. 17.3. On equipment assembled from manufactured components, the parts book shall show the manufacturer of each part and all cross - references between the vendor and the manufacturers. 17.4. The operator's manual shall include detailed instructions on the proper method of operation of the unit. Necessary warnings and safety precautions shall be included_ 18. BIDDER OUALIFICATONS: The opening of a bid will not be construed as the City's acceptance of such bidder as qualified and responsible. The City reserves the right to determine the lowest responsible bidder from information submitted with the bid. All bidders shall furnish the following information at a minimum: 18.1. Be individuals, firms, corporations, or any other entity regularly engaged in the business of selling trailers, with considerable experience in custom design, and has produced similar van type trailers. 18.2. Have available, under its direct employment and supervision, the necessary organization and facilities to properly fulfill all requirements as set forth in the specification and resulting contract 183. References: Provide the name, address, telephone number and point of contract of at least three firms that have utilized the similar designs and construction for at least 5 years. References may be checked prior to award. Any negative responses received may result m disqualification of bid. 18.4. Identify any subcontractors to be used for this project. Experience, qualifications and references of the subcontractors shall be submitted. The City reserves the right to approve or disapprove all subcontractors prior to any work being performed. PART III DELIVERY, ACCEPTANCE, AND PAYMENT Page 7 of 7 1. DELIVERY REQUIREMENTS: Delivery of the equipment shall be completed within the number of day's bid. The trailer will be inspected and pick -up by the Round Rock Fire Department at the vendor's place of business. The successful bidder should contact Charles Meserole (512) 218 -3203 to arrange time and day for the inspection and pick -up. The unit shall be serviced and checked as recommended by manufacturer prior the inspection by the Fire Department. 2. ACCEPTANCE INSPECTION: All equipment ordered would be subject to acceptance inspection and performance testing upon receipt. Acceptance inspection and performance testing will not take more than five (5) working days, weather permitting. The vendor will be notified within this time frame of any units not delivered in full compliance with the purchase order specification. If any units are canceled for non- acceptance, the needed equipment may be purchased elsewhere and the vendor may be charged full increase, if any, in cost and handling. 3. PROMPT PAYMENT POLICY: Payments will be made within thirty days after the City receives the supplies, materials, equipment, or the day on which the performance of services was completed or the day on which the City receives a correct invoice for the supplies, materials, equipment or services, whichever is later. The Contractor may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by the City in the event: 3.1. There is a bona fide dispute between the City and Contractor concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or 3.2. The terms of a federal contract, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or 3.3. The is a bona fide dispute between the Contractor and a subcontractor or between a subcontractor and its suppliers concerning supplies, material, or equipment delivered or the services performed which caused the payment to be late; or SPECIFICATION NO. 02 -07059 DATED: March 2002 3.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order or contract or other such contractual agreement. PART IV WARRANTY WARRANTY: The equipment shall be warranted against all defects in material and workmanship for a period of not less than twelve (12) months. if the manufacturers standard warranty exceeds twelve months, then the manufacturers warranty shall be in effect. The successful bidder shall furnish the warranty at the time of delivery. /6 3 ij..Qou x/4 / 2 e2 0,47,07- /8- .J 19 - cap} /7 /-u rwz_z /90.v - gyv - 8.57/ NW) 50 yc,94-5 DATE: June 7, 2002 SUBJECT: City Council Meeting — June 13, 2002 ITEM: *14.A.1. Consider a resolution authorizing the City Manager to issue a purchase order in the amount of $42,508 to Magnum Trailers for the purchase of an air trailer for the Fire Department. Resource: Lynn Bizzell, Fire Chief History: The air trailer will replace the 1979 utility truck, (asset #820407) and will give the Fire Department greater capabilities in transporting Self Contained Breathing Apparatus (SCBA) air cylinders. In addition, the air trailer will be used to transport four refill cylinders and twenty SCBA air cylinders to areas where firefighters are required to use their SCBA. The utility truck refill capabilities are for SCBA air cylinders are for thirty SCBA air cylinders. Funding Cost: $42,508.00 Source of Funds: Self- Financed Construction Fund Outside Resources: None Impact: N/A Benefit: The new air trailer will be equipped with a fill station, booster pump, ten large refill cylinders and fifteen SCBA air cylinders. This will give the Fire Department the capability of refilling 150 SCBA air cylinders instantly and use the fill station for continuous refill of SCBA air cylinders. In addition, the air trailer will be used for rehabilitation, trench and confined space rescues. On Tuesday, May 21, 2002, we received one bid for the air trailer. The staff proposes awarding the air trailer to Magnum Trailers who had the only bid and equipment that meets the specifications written by the equipment team. Public Comment: N/A Sponsor: N/A