R-02-11-14-13B3 - 11/14/2002ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
CITY OF ROUND ROCK
PUBLIC WORKS DEPARTMENT
FM 3406 and Plantation Drive Signal Installation
November 2002
SPECIFICATIONS AND CONTRACT DOCUMENTS
/2 - a2- ll- iii -663
APPROVED BY
CITY RNEY
Section
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 - GC
5.0 Special Conditions SC - 1
6.0 Technical Specifications TS - 1
7.0 Plans, Details and Notes PDN -1
table/aster
TABLE OF CONTENTS
Desc Page
1.0 NOTICE TO BIDDERS
Notice to Bidders - Final.doc Revised 7/2002
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 FM 3406 and Plantation (project includes Traffic Signal
Installation at FM 3406 and Plantation) will be received until 2:00 pm on October 1. 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 "Traffic Installation at FM 3406 and Plantation ".
No bids may be withdrawn after the scheduled opening time. Any bids received after scheduled bid
opening time will be returned unopened.
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 WHM Transportation Engineering Consultants,
Inc., 2717 Rio Grande Street, in Austin, Texas (512 -473 -8343) beginning September 16, 2003 for
a non - refundable charge of $ 50.00 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.
' a Contractors and subcontractors shall pay to laborers, workmen, and mechanics the prevailing wage
rates as determined by the City of Round Rock.
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Publish Dates:
Round Rock Leader: Austin American Statesman:
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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 fmd 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 returned 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 forms furnished by the City of Round Rock.
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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.
Bid Docs Final .doc
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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 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.
Bid Docs Final .doc
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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
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.
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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).
Bid Docs Final .doc
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BID BOND
KNOW ALL MENEY THESE PRESENTS THAT WE, AUSTIN TRAFFIC SIGNAL CONSTRUCTION CO. ,L. P.
as PRINCIPAL and COLONIAL AMERICAN CASUALTY AND SURETY COMPANY as SURETY, are
held and fumly bound unto the CITY OF ROUND ROCK
hereinafter referred to as the "OWNER ", in the penal sum of five
percent (5 %) of the total amount of the bid of the PRINCIPAL submitted to the OWNER, for the
work described below; for the payment of which sum in lawful money of the United States of
America, well and truly to be made, we bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents. In no case shall the liability
of the SURETY hereunder exceed the sum of $ FIVE PERCENT OF THE GREATEST AMOUNT BID
The CONDITIONS OF THIS OBLIGATION ARE SUCH, THAT whereas, said PRINCIPAL, has
submitted the above mentioned bid to the OWNER, for construction for the work under the
"SPECIFICATIONS FOR CONSTRUCTION OF TRAFFIC INSTALLATION AT FM 3406 AND
PLANTATION
at the office of the OWNER on OCTOBER 01, 2002
NOW THEREFORE, if the PRINCIPAL. is awarded the contract, and within the time and manner
required under the heading "Instructions to Bidders ", after the prescribed forms are presented to him
for signature, enters into a written agreement, substantially in the form contained in the
Specifications, in with the bid and files the two (2) bonds with the OWNER, one to
guarantee faithful performance and the other to guarantee payment for labor and materials, then this
obligation shall be null and void, otherwise, it shall be and remain in full force and effect.
In the event suit is brought upon this bond by the OWNER and judgement is recovered, said
SURETY shall pay all costs incurred by the OWNER in such suit, including a reasonable attorney's
fee to be fixed by the Court.
In WITNESS WHEREOF, we have hereunto set our hands and seals . this day of
SEPTEMBER 18, 2002 .
AUSTIN TRAFFIC SIGNAL
CONSTRUCTION CO., L.P.
Principal:
Surety:
By:
\ ���1/l By:(
(Seal) (Seal)
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FRANK SIDDONS INSURANCE
P.O. BOX 164077
AUSTIN, TEXAS 78716
512- 481 -1733
for which bids are to be opened
COLONIAL AMERICAN CASUALTY
AND SURETY COMPANY
5
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
HOME OFFICES: 3910 KESWICK ROAD, BALTIMORE, MD 21211
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by PAUL C.
ROGERS, Vice President, and J. G. HAMILTON, Assistant Secretary, in pursuance of authority granted by Article VI,
Section 2, of the By -Laws of said Companies, which are set f. on the rev e side hereof and are hereby certified to be in
full force and effect on the date hereof, does hereby no consti . u+ appoint Robert C. SIDDONS, Steven B.
SIDDONS, Robert C. FRICKE, Linda EDWARDS, J. J. WE n;• James F. SIDDONS, Tommy NELSON and
Samuel G. SIDDONS, all of Austin, Texas, EACH 't- and la s ent and Attomey -in -Fact, to make, execute, seal
and deliver, for, and on its behalf as surety, and as i . d deed : 41... nd all bonds and undertakings EXCEPT bonds
on behalf of Independent Executors, Communi �� ivors a • . •.. • . munity Guardians and the execution of such bonds
or undertakings in pursuance of these presents, s as bind' •j.:. n said Companies, as fully and amply, to all intents and
purposes, as if they had been duly executed an v owledg the regularly elected officers of the Company at its office
in Baltimore, Md., in their own proper . ,�.� s. This er of attorney revokes that issued on behalf of Robert C.
SIDDONS, Steven B. SIDDONS, Robe ta' CKE e Ann ROGERS, Linda EDWARDS, Douglas J. WEALTY,
James F. SIDDONS, and Tommy NELSq��Iated Nov 'r 30, 2000.
The said Assistant Secretary does h certify th . =act set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By -Laws of said C ;1 es, and is 4 force.
"
IN WITNESS WHEREOF, the .id Vice- ' t.'ent and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seals of the said FI► AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL
AMERICAN CASUALTY AND SURET c' PANY, this 7th day of February, A.D. 2002.
ATTEST: V� FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
POA -F 168 -9875
By:
J. G. Hamilton Assistant Secretary Paul C. Rogers
State of Maryland
County of Harford ss:
On this 7th day of February, A.D. 2002, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came PAUL C. ROGERS, Vice President, and J. G. HAMILTON, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the
preceding instrument, and they each acknowledged the execution of the same, and being by me duly swom, severally and
each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the
preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
Vice President
Patricia A. Trombetti Notary Public
My Commission Expires: October 9, 2002
EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior
Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice - Presidents, Assistant Vice - Presidents and Attomeys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
EXTRACT FROM BY -LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior
Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice - Presidents, Assistant Vice - Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the original Power of Attorney
of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further
certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially
authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the respective
By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY at a meeting duly called and held on the 5th day of May, 1994.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 1 \ 1 day of
CERTIFICATE
Ob /2d0A-e-ALA-
Assistant Secretary
JOB NAME:
PROPOSAL BIDDING SHEET
FM 340G cAma_
JOB LOCATION: Round Rock, Williamson County, Texas
OWNER: City of Round Rock, Texas
DATE: / ( r � — 0
Gentlemen:
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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 FA 3`1O6 o,n,St PleliNta tai — 1 fc,�E�,t S�� "� 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
BASE BID
Item Description
Unit and Written Unit Price
LS. 500 -0501 Mobilization
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cote in lace ,
for / dollars o
and cents. $ 0 ata $_
complete in p1a a er
foi TRX> 4 oliars o e
and - r-e (v cents. $ WOO' $
Unit
Price Amount
MO. 502 -0501 Barricades, Signs, and Traffic Handl
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Bid Item Description Unit
Item Quantity Unit and Written Unit Price Price Amount
3. 6 Ea 531 -0514 Concrete Sidewalk(Wheelchair ramp) (TY3)
4. 70
7
f omplet pNaie per fl_ k r...4
for oars :��
and 2-c cents. $ /SW• $ / 5VD. b
fc7
SY 531 -0508 Concrete sidewalk (9 ")
c o m p l e t e r n I
for f�GN uQ �dbll ts. $ l�S $ 8
5. 787 LF 618 -511 Conduit (PVC) (SCHD 40) (2 ")
complete in place per, J
Z�
for 1 dollars 3 •
and J cents. $ S• $ 3 S
6. 386 LF 618 -513 Conduit (PVC) (SCHD 40) (3 ")
complete in place per,
foFlZ' - / dollars 6
—
and zry cents. $ ( --70
LF 618 -514 Conduit (PVC) (SCHD 40) (4 ")
com_plgte in place per,
for lucn'ty dollars o tb
and z2-r0 cents. $ 2 - 0 $
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Bid
Item Quantity
8. 1203
9. 15
10. 544
11. 30
Item Description Unit
Unit and Written Unit Price Price
LF 620 - 503 Elec Conductor (No.8) Bare
complete in place per,
for (3 L dollars
and Z..er v cents. $ . /•
LF 620 - 504 Elec Conductor (No. 6) Bare
complete in place per,
for I W 0 dollars o
and ZJGf D cents. $ z
LF 620 - 509 Elec Conductor (No. 8) Insulated #8XHHW
comple e in place per,
for O/t2_ dollars
and z.Fit cents. $ J. $ S�T
LF 620 - 510 Elec Conductor (No. 6) Insulated
complete in place per,
for mac)( dollars C) 1)61
and 7--a ir--0 cents. $ 7. $ /Z.D.
EA 624 -503 Ground Box TY C (162911) W/ Apron
complete in plac p ¢ e D
for g�,c'(u�al�l r, do S ao n d
and 7--c-1-3 cents. $ 8 a $ 7
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Amount
$ 2D.
8
Bid
Item Quantity
13. 1
14. 1
15. 39
Item Description Unit
Unit and Written Unit Price Price Amount
EA 628 -537 Elec Serv.TY D(120 /2400)070(NS)GS(T)RT (I
complete in place jr, A� ,4 - • J '
for Ovcc A.4w►�i ollars $ 3 (7C7
and 7-O cents. $ 3 S�
EA 656 -532 Traf Sig Cntrl Fnd
complete in pia a per,
for aie12+404...U.,.- ars
and '-> cents. $ /40 • dp $ /6 J. E)
LF 656 -512 Fnd for Traf Sig (TY A) (36 IN DRIL SI'
complete in place pe
for - I i..0a kvA 4k4ollars b �� aC
and •LS,c.J cents. $ZE' $ •
LF 656 -511 Fnd for Traf Sig (TY A) (30 IN DRIL SH)
com,pplete }}'nn pl ce pe; c 4/14
for 04c, /it A`dol Db as
and 2mod cents. $ `t'' $ Zb /v.
LF 666 -509 Ref Pav Mrk TY I (W) (12 ") (SLD)
complete in place per,
for TA Afa— dollars
and cents. $
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Bid
Item Ouantity
18. 88
19. 2 EA 666 -513 Ref Pav Mrk TY I (W) (ARROW)
20. 1
21. 90
22. 20
Unit and Wri Unit Price Price Amount
Item Det tion Unit
LF 666 - 512 Ref Pav Mrk TY I (W) (24 ") (SLD)
complete in place per,
for SeJen. dollars 0 - 6
ands 1 3 cents. $ 7 • $ to /4' •
complete Olete plfcf 7
for �G - w / � Mrs JJ d
and z.150-0 cents. $ cu • $ Zi
EA 666 -517 Ref Pav Mrk TY I (W) (ONLY)
complete in pla a ••�,
for GiC 7d61_a aD
and 2 cents. $ /' $ Z
LF 666 - 524 Ref Pav Mrk TY I (W) (4 ") (SLD)
comp in place per,
for /1'L dollars
and - Ri - f i cents. $ 1 5 � $ A35,
LF 666 -530 Ref Pav Mrk TY I (Y) (12 ") (SLD)
complete ip place per,
for r dollars
and 2-15 cents. $ 8 '
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Bid
Item Quantity
23. 2
24. 1
25. 6
26. 965
27. 966
Item Description Unit
Unit and Written Unit Price Price Amount
EA 666 - 534 Ref Pav Mrk TY I (Y) (MED NOSE)
complete in ace r
o ars "'b 3 Is0
Z
and 5 W cents. $ -V $ lavC.
EA 680 -501 Instal of Hwy Traf Sig (Master)
complete ' place r, ; 4.444 /
for Thad d au *D6
and z.5-0-0 cents. $ 2-00. $ Z6 W
EA 682 -505 Ped Sig Sec (2 Indications in 1 Sec)
complete in place pe ,/}[r
for ?�-z-4:741-6 —ham do ars Z7 a�
and o cents. $ $
LF 684 -504 Traf Sig CBL (TY A) (4 Condr) (12 AWG)
complete in place per,
for soAe dollars ��
and 2 cents. $ �• $ J
LF 684 -505 Traf Sig CBL (TY A) (5 Condr) (12 AWG)
complete in place per,
for an e- dollars ZS Z a 7. fIJ
and - �it/e- cents. $ 1` $
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Bid Item Description Unit
Item Quantity Unit and Written Unit Price Price Amount
28. 537
29. 538
30. 1245
LF 684 -507 Traf Sig CBL (TY A) (7 Condr) (12 AWG)
complete in place per,
for 04 £ dollars 7 ��
and 7‹ 1. cents. $ 90 $
LF 684 -552 Traf Sig CBL (Typ A) (3Condr) (12 AWG)
complete in place per,
for ale dollars
and �i ` i cents. $ �• / $
LF 684 -502 Traf Sig CBL (Ty A) (2 Condr) (12 AWG)
complete in place per,
for 2C7 dollars q �� a
and 6, 6 '/ cents. $ • SO $
31. 1 EA 686 -511 Traf Sig Pole ASM (STTL) ARM (32ft) (ISLN)
complete inin l, �� W+�
for ot/( oIlars tY) � 66
and 7.S-jtQ cents. $ ,, $
EA 686 -513 Traf Sig Pole ASM (STL) 1 ARM (40ft) ISLN)
12
complete ' place per, PP
for 1 vl "&U ,fiIlars O,1 00 00
'z
and 0710 cents. $ yNV' $ I77l)
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Bid Item Description Unit
Item Quantity Unit and Written Unit Price Price
33. 6
34. 786
35. . 1
36. 3
37. 6.25
EA 688 -501 Ped Detect (Push BTN)
com lete ' pl ce r,
for dollars 2d
and z cents. $ /OD, = $
LF 688 -511 Veh Detection (Sawcut) (14 AWG XHHW)
complete in place per,
for sI )c dollars U 1-17/4% a
and 2- cents. $ / , • $
EA SS 6000 -0 Eagle Evac300 TS -2 Genesis Controller
with 12 position base mount cabinet.
for A bil place o
f ,n � oars qua � 9 3 c�� •
and ZblL cents. $ / ' $
SF 636 -0501 Alum Signs (TY A) (MUTCD R10 -9)
(18INx 121N)
complete in place per,
foriWcit• -S y dollars '0o as
and cents. $ �' � O '
SF 636 -0501 Alum Signs (TY A) (MUTCD R10 -4b)
(30IN x 301N)
complete ' place per,
for /t„ le -Si IC dollars -D
and •7 -12 cents. $ 2 $ /
BD -13
1 NTSERVAN1\Projects \C through F\FM 3406 Plantation Signal Design\New Bid Documents\biddocs.doc
Amount
13
Bid Item Description Unit
Item Quantity Unit and Written Unit Price Price Amount
38. 6
39. 2
40. 8
EA 682 -509 Back Plate (3 Sec) (12 inch)
complete in place per,
for Se*ac -*y dollars = a a GE
and Z- - S cents. $ 7 Q • $
EA 682 -510 Back Plate (4 Sec) (12 inch)
comple e in lace per,
for /4a- dollars a a
ciD $ / B� 1a
and cents. $ '
EA 6955 -501 12 Inch LED Traf Signal Lamp (Red)
complete in ,place PPe�
for OlP.- #4 u�n
tu- 44u
and "2-6=0--- cents. $ /d $ 8
EA 6955 -502 12 Inch LED Traf Signal Lamp (Yellow)
com lete placeppr,
for a2 tkeetdollars aD i Po
and Z cents. $ / 8 -' $
EA 6955 -503 12 Inch LED Traf Signal Lamp (Green)
complete ill plg/ce per, for /1uc7 ,k MdI'JL dollars Z �,7a ��
and ' .& -t) cents. $ $
BD -14
1 NISERVANT Projects \C through FtFM 3406 Plantation Signal Design Wow Bid Documents\biddocs.doc
14
Bid
Item Quantity
Item Description
Unit and Written Unit Price
EA
EA
EA
EA
LF
LF
6955 -505 12 Inch LED Traf Signal Lamp (Grn Arrow)
complete,m p c pn (,� as
for a l'a>!s
and Zaed cents. S/4 $ � 2 d '
DHT# - 154893
completer pl ice
for
and
-4430 10'
com l in place
for 7Jlt Ac/4C1/ Ac/4C1/ and Z O
CO -AX Cable
BD -15
Amplifier
Lnminare Arm
Unit
Price
jects\C through FFM 3406 Plantation Signal DesignWew Bid Documents\biddocs.doc
Amount
r ars
+� o �ars�"�
d Z� 2t� cents. $ /SD $ / -bb
a
DHT# - 155854 Iteris Camera System
complete in lace pe t „e, 4441W for ffi.€- o a 0
and 2 e cents. $S $ s
DHT - 159106 75 Ohm Video Cable (Belden 8281)
complete in place per,
for % dollars an as
and 2olu•) cents. $z' $
complete in place per,
for / W dollars a o /746) a
and 7.E,P_t) cents. $ 4 --. $
15
Bid
Item Description
Item Quantity Unit and Written Unit Price
49. 1
50. 4
51. 2
52. 1
EA
EA
EA
LF
EA
EA
MDS
Unit
Price
Sngle Intrsctn Radio Communication Syst
Amount
It
com lete ' place er,�
for 0r�o ars ��
and 2-6 cents. $ / ga� $ / aoln
Double Sided Illuminated Street Name Sign
er ( 4.010, oars
cents. $ / $
co inj place _/,�
for e. ��""'
and Z-rsj0
3M Model 711
complete ' place r,
forSi)c / rt dollars _ /Z.66.
d
and
3M Model 722
3M Model 754
OPTICOM Sensor
OPTICOM Sensor
a
complete place, per, a6
Z.-CV-0 ollars a v
and Z.-CV-0 cents. $ $�� $ ��,
Phase Selector
complete in lace rJ
forlivee- !►�cfao ollars aO v d
and ZzR-t) cents. $ 310D • $ I DU.
Concrete Curb (Dowel) (3 ")
com 1 to ip ace per,
P
and lye dollars
ents. $ 3 0 . $ ° 3 /8v
BD -16
\NTSERVAN1 Projects\C through RPM 3406 Plantation Signal Design\New Bid Documentslbiddocs.doc
Bid
Item Quantity
55. 1
56. 329
(continue with similar pages as necessary)
TOTAL BASE BID (Items 1 thru J:
5`a
STATEMENT OF SEPARATE CHARGES:
Ite escription
Unit and Written Unit Price
EA 3M Model 760 Card Rack
comp ete in place per
for /(s= `adollars o0 a
and cents. $
LF 3M Model 138 Cable
58. 1 EA Omni Directional Antenna 900 MHZ
Materials:
All Other Charges:
*Total:
57. 3 EA 3M Model 500B Mast Arm Bracket
BD -17
\\NTSERVANT\Projects \C through FFM 3406 Plantation Signal Design\New Bid Documarts\biddocs.doc
Adel
Unit
Price
Amon
complete in place per,
for dollars /� 2
and Z-& t-L) cents. $ ' / J $ �3/ P
complete in pla e p r,
for dollars a'
and cents. $'Zc70� $ Da,
complete in ,place
for {�'!e �►�a,"�dollars �� ob S �� , dr;
and "7.=l1-0 cents. $ S t $
59. 26 EA 682 -502 Veh Sig Sec (12 IN)
compete pla pPe�g'' 7
for C)jl�A t-Iv�'e fd cao $ /24 8l). t
and Z -4) cents. $ /g
$ 6ga78
$ . �?
$/3 '73/.
R s s = t full Submitted,
lt`+•l
Signature
tit.,` ai c G . SC oak( 31'
Print Name
'O: c -
es
Title for
t ' Tratic Signal Col ucuon Co, LP.
Name of Firm
/a — / - a2
Date
BD -18
* Note: This total must be the same amount as shown above for" Total B a s
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 checker
and are submitted as correct and final. The Owner reserves the right to reject any or all bids an
may waive any informalities.
AustinTratiic Signal Construction Co, 1 -6,
Secretary, if Contractor is a
Corporation
Mde„L,,, / -
Nckivae
\\NTSERVANTtProjects\C through FFM 3406 Plantation Signal Design\New Bid Documents\biddocs.doc
iYtt
Pa. Q& y /E6
Address - &
stz..
Telephone
18
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PROJECT: FM 3408 & Plantation - Traffic Signal
HIGHWAY: FM3406
COUNTY: WILLIAMSON
Bid item Ouan9ty
1 100 MOBILIZATION LS 310,00000 310,000.00
2 1.00 BARRICADES, SIGNS AND TRAFFIC HANDLING MO 52,000.00 52,000.00
3 8.00 CONCRETE SIDEWALK ,(WHEELCHAIR RAMP) TYPE 3 EA 51,800 00 $10,800.00
4 7000 CONCRETE SIDEWALK 01 SY 511500 58,050.00
5 787.00 CONDUIT - 2 INCH LF 55.00 53,93500
8 38900 CONDUIT - 3 INCH LF 524.00 59,284.00
7 30.00 CONDUIT - 4 INCH LF 520.00 5800.00
8 1,20300 NO.8 BARE LF 5100 31,20300
9 1500 NO.8 BARE LF 52.00 530.00
10 544.00 NO.8 INSULATED LF 51.00 5544.00
11 30.00 NO.6 INSULATED LF 54.00 $120.00
12 11.00 GROUND BOX TYPE C- MORON EA $87500 59,625 00
13 1.00 TYPED ELECTRIC SERVICE - RT -U EA 53,80000 $3,800.00
14 1.00 TRAF SIGNAL CONTROLLER FOUNDATION EA 91,600.00 51.800 00
15 39 00 38 A FOUNDATION LF 5200 00 57.800 00
18 11 00 30 A FOUNDATION LF 519000 52.090 00
17 31500 RPM( TYI (W)(121(SLD) LF $3.55 51,11825
18 88.00 RPM( TYI(W)(24")(SLD) LF 37.00 5616.00
19 200 RPM (TY I (MORROW) EA 5120.00 5240.00
20 1.00 RPM (TY I (W)(ONLY) EA 5150.00 3150.00
21 90.00 RPM (TY I (W)(4 "5SLD) LF $1 50 313500
22 20,00 RPM (TY I (W)(24 ")(SLD) LF $8,00 316000
23 200 RPM TY I (Y) (MED NOSE) EA 5300.00 0600.00
24 1.00 INSTALL HWYTRAF SIG (MASTER) EA 32,800.00 52,800.00
25 9.00 PED SIG SEC (21ND. 04 1 SEC) EA 5445000 52,700.00
28 96500 SIGNAL CABLE -4 CONDUCTOR LF 51.00 3965.00
27 966.00 SIGNAL CABLE -5 CONDUCTOR LF 51.25 51,207.50
28 53700 SIGNAL CABLE -7 CONDUCTOR LF 51.40 3751.80
29 53800 SIGNAL CABLE -3 CONDUCTOR LF 51.15 5818.70
30 1,24500 SIGNAL CABLE -2 CONDUCTOR LF $0.80 5998.00
31 1.00 MAST ARM POLE - 32 -SLN EA 54,700 00 $4,700.00
32 300 MAST ARM POLE -40 -ISLN EA 54,900.00 514,70000
33 600 PED DETECT PUSH BUTTON EA 5100.00 5600.00
34 76600 VEH DET.SAWCIJT LF 56.00 $4,716.00
35 1.00 EAGLE EVAC 300 -TS- 2-GENESIS CONTROLLER EA 59,30000 59,300.00
38 300 ALUM SIGNS-(TY A) R10-9 SF 526.00 378.00
37 625 ALUM SIGNS-(TY A) R10 -4B SF 526.00 316250
38 600 BACK PLATE 3 SECTION EA 57000 5420.00
39 200 BACK PLATE 4 SECTION EA 590.00 5180.00
40 800 12 INCH RED L E.D. EA 5100 00 5800.00
41 800 12 INCH YELLOW L E.D. EA 5100,00 580000
42 8,00 12 INCH GREEN L.ED. EA 5200.00 51,600 00
43 200 12 INCH GREEN ARROW L E D EA 3160.00 $320.00
44 1.00 AMPUFIER EA 3150.00 5150.00
45 200 LUMINAIRE ARM EA 5450.00 590000
46 1.00 ITERIS CAMERA SYSTEM EA 55,50000 $5.500.00
47 203,00 75 OHM VIDEO CABLE LF 52 00 5408 00
48 20200 COAX CABLE LF 52 00 5404 00
49 100 SNGLE INTRSCTN RADIO COMM SYST EA 51,80000 51.80000
50 4.00 DOUBLE SIDED ILL STREET NAME SIGN EA 51,600,00 57,200.00
51 200 3M MODEL 711 OPTICOM SENSOR EA 580000 51,200.00
52 1 00 3M MODEL 722 OPTICOM SENSOR EA 5800.00 $800 00
53 1.00 3M MODEL 754 PHASE SELECTOR EA 33,100.00 $3,100,00
54 10800 CONCRETE CURB (OOWEL) 3') LF $30.00 $3,18000
55 1 00 3M MODEL 760 CARD RACK EA 5300.00 5300,00
58 329 00 3M MODEL 138 CABLE LF 54 00 51,318,00
57 300 3M MODEL 500 B MAST ARM BRACKET EA 5200.00 5800,00
58 100 OMNI DIRECTIONAL ANTENNA 900 MHZ EA 5500.00 5500.00
59 26 VEH SIG SECTION EA $180.00 34,680.00
Total Bid Amount $154,731.75
Austin Traffic Signal Construction Company, L.P. coMfies that the unit paces shown on this complete computer poor -out for all of the bid
Items and the alternates contained in this proposal are the unit prices intended and that its bid will be tabulated using these unit prices
and no other Information from this p8103.0 t.
Austin Traffic Signal Construction Company,LP. ackoO94edges and agrees that total bid amount will be read as Its total bid and
further agrees that the official total bid amount wall be determined by multiplying the unit bid prices shown In this print-out by the
respective e lies shown In the p(pposal and then totaling aj of the extended amounts
SIGNED
TITLE VICE- PRESIDENT
DATE October 1, 2002
PROPOSAL
Bld kern Description
Unit Unit Prins Amount
3.0 POST BID DOCUMENTS
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
pounaam,uspec master
AGREEMENT
THIS AGREEMENT, made and entered into this / `1 — day of
200A), 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, P
hereinafter termed OWNER, and (Contractor) A1.,4;N Tp{E.cS;5, of
, Texas, County of 6114a,.kso> , and State of Texas, hereinafter
termed CONTRACTOR.
THE CONTRACT DOCUMENTS consist of this Agreement and any Attachments and
Exhibits attached hereto, Conditions of the Contract (General, Supplementary, and other
conditions), Drawings, Specifications, all Addenda issued prior to execution of the
Agreement and all Change Orders and written modifications issued subsequent thereto.
These form the contract, and all are as fully a part of the Contract as if attached to this
agreement or repeated herein. Unless otherwise specified, definitions set forth in the General
Conditions apply to all other Contract Documents.
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: SLI ail i?le,.,lwhic o
Sitrnl 'L AllaNio
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
a) ex lanatory mAterial thereof, and the Specifications and Addenda therefor, as prepared by
nnA /)/u M , herein entitled the ENGINEER, each of which has
been identified by tbe 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.
PBD -2
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The CONTRACTOR hereby agrees to commence work within 10 calendar days after
the date written notice to do so have been given to him, and to complete the same within
1 c�ta calendar days after the date of the written Notice to Proceed, subject to such
extensions of time as are provided by the General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the price or 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.
1
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IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the
year and day first above written.
CITY OF ROUND ROCK, TE -
BY:
(OWNER)
axwell
Mayor
Austin Traffic Signal Construction Co, LP.
(CONTRA TOR)
BY
FRED 4 . Ce : its PRESIDE�;NVI
P
(Typed name) (Title)
ATTEST:
Secretary, p e etor-is -a "m i r e A
P tere S
eaa
Lim; Tao 'Po.gigi j a
(The following to be executed if the Contractor is a£- erpor-ation.)
n
L ;,„„ ; -rho —P.m./et -5h 1p
I, Jo tt x.v F2A e c N./ certify that I am the Secretary of the Corpefatien -named
as Contractor herein; that Fa Eo 5. 5h; rJ , who signed this Contract on beh l
u rran� n s#:P
of the Contractor was then 1 �5 i o E N - r (official title of kaid 6�efperatto1 th at
i Te 01.A / IrP ni Tsa A NcISh
said Contract was duly signed for and in behalf of said 6eTerattet?, that dud C by
authority of its governing body, and is within the scope of its `e eiafe powers h `'
Cooperate Seal
postbidmst/spec master
Signed:
PBD -3
BOND#PRF08624073 PERFORMANCE BOND
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
AUSTIN TRAFFIC SIGNAL CONSTRUCTION
KNOW ALL MEN BY THESE PRESENTS: That COMPANY, L.P. of the
City of ROUND ROCK , County of , and State of
TEXAS , as Principal, and C.A.C.s.C. 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, TEXAS, (Owner), in the penal sum of ONE HUNDRED FIFTY FOUR
THOUSAND, SEVEN HUNDRED THIRTY ONE- 75/ >dt411ars ($ 154,731.75 ) 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 NOVEMBER , 20 0 to which the
contract is hereby referred to and made a part hereof as fully and to the same extent as if
copied at length herein consisting of:
FM 3406 AND PLANTATION DRIVE SIGNAL INSTALLATION
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.
PBD-4
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 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 NOVEMBER
20 02
AUSTIN TRAFFIC SIGNAL
CONSTRUCTION COMPANY, L.P.
Principal Surety
Title
By:
PRFSiDEN1
P.O. BOX 130
Address
ROUND ROCK, TX 78680
Resident Agent of Surety:
FRANK SIDDONS INS
Printed Name
P 0 BOX 164077
Address
AUSTIN, TX 78716
City, State & Zip Code
Signature
vonaamssu
PBD -5
COLONIAL AMERICAN CASUALTY
AND SURETY COMPANY
By: _ /e� � 4..1 ..---
ATTY -IN - FACT
Title
12222 MERIT DRIVE #900
Address
DALLAS, TX 75251
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
HOME OFFICES: 3910 KESWICK ROAD, BALTIMORE, MD 21211
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by PAUL C.
ROGERS, Vice President, and J. G. HAMILTON, Assistant Secretary, in pursuance of authority granted by Article VI,
Section 2, of the By -Laws of said Companies, which are set f on the rev a side hereof and are hereby certified to be in
full force and effect on the date hereof, does hereby no consti appoint Robert C. SIDDONS, Steven B.
K
SIDDONS, Robert C. FRICE, Linda EDWARDS, D WE • , James F. SIDDONS, Tommy NELSON and
Samuel G. SIDDONS, all of Austin, Texas, EACH 'r= - and la . ent and Attorney -in -Fact, to make, execute, seal
and deliver, for, and on its behalf as surety, and as i .� • d deed .. nd all bonds and undertakings EXCEPT bonds
on behalf of Independent Executors, Communi . rvors a . �.. munity Guardians and the execution of such bonds
or undertakings in pursuance of these presents, s `r� as bind' •. =.n said Companies, as fully and amply, to all intents and
purposes, as if they had been duly executed an owledg •Z` . the regularly elected officers of the Company at its office
in Baltimore, Md., in their own proper . ,, s. This er of attorney revokes that issued on behalf of Robert C.
SIDDONS, Steven B. SIDDONS, Robe CKE e Ann ROGERS, Linda EDWARDS, Douglas J. WEALTY,
James F. SIDDONS, and Tommy NEL a ted Nov , r 30, 2000.
The said Assistant Secretary does h�sy certify th..�.1'�r ' .ct set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By -Laws of said C. y : es, and is 4 force.
IN WITNESS WHEREOF, the id Vice -
affixed the Corporate Seals of the said FI
AMERICAN CASUALTY AND SURE
ATTEST:
POA-F 168-9875
nt and Assistant Secretary have hereunto subscribed their names and
AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL
PANY, this 7th day of February, A.D. 2002.
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
By:
J. G. Hamilton Assistant Secretary Paul C. Rogers
Vice President
State of Maryland
County of Harford ss.
On this 7th day of February, A.D. 2002, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came PAUL C. ROGERS, Vice President, and J. G. HAMILTON, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the
preceding instrument, and they each acknowledged the execution of the same, and being by me duly swom, severally and
each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the
preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
Patricia A. Trombetti Notary Public
My Commission Expires: October 9, 2002
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior
Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice - Presidents, Assistant Vice - Presidents and Attomeys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto.'
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior
Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice - Presidents, Assistant Vice - Presidents and Attomeys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
this
EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
EXTRACT FROM BY -LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
•
day of I r /
CERTIFICATE
1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the original Power of Attorney
of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further
certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially
authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the respective
By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY at a meeting duly called and held on the 5th day of May, 1994.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attomey issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
, L-.Do2
°foe 7crei
Assistant Secretary
Fidelity and Deposit Company of Maryland
Home Office: P.O. Box 1227, Baltimore, MD 21203 -1227
To obtain information or make a complaint:
You may call the Fidelity and Deposit Company of Maryland, Colonial American Casualty and
Surety Company, and/or Zurich American Insurance Company's toll -free telephone number for
information or to make a complaint at:
1- 800- 654 -5155
You may contact the Texas Department of Insurance to obtain information on companies,
coverages, rights, or complaints at:
1 800 - 252 - 3439
You may write the Texas Department of Insurance:
IMPORTANT NOTICE
P.O. Box 149104
Austin, TX 78714 -9104
FAX # (512) 475 -1771
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning the premium or
about a claim, you should first contact Fidelity and Deposit Company of Maryland or Colonial
American Casualty and Surety Company. If the dispute is not resolved, you may contact the Texas
Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does
not become a part or condition of the attached document.
S85431(rx) (08/01)
BOND#PRF08624073
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
PAYMENT BOND
AUSTIN TRAFFIC SIGNAL
KNOW ALL MEN BY THESE PRESENTS: That CONSTRUCTION COMPANY,L.P. ,of the City
of ROUCK ROCK , County of WILLIAMSON , and State of
TEXAS as Principal, and C.A.C. S. C. authorized under the laws of the
State of Texas to act as Surety on Bonds for Principals, 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 shall have the right to sue
upon this bond, in the penal sum of ONE HUNDRED FIFTY FOUR THOUSAND, SEVEN HUNDRED
THIRTY ONE & 75/100 - -- Do1lars ($ 154,731.75 ) 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 day of NOVEMBER , 20 oz� to which Contract is
hereby referred to and made a part hereof as fully and to the same extent as if copied at
length herein consisting of:
FM 3406 AND PLANTATION DRIVE SIGNAL INSTALLATION
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that 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.
postbidanstfspee master
PBD -6
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 NOVEMBER , 20 02
AUSTIN TRAFFIC SIGNAL
CONSTRUCTION COMPANY.
Principal
Bv:
FKE 5i OEN%
Title
P.O. BOX 130
Address
ROUND ROCK, TX 78680 DALLAS, TX 75251
Resident Agent of Surety:
FRANK SIDDONS INS
Printed Name
P 0 BOX 164077
Address
AUSTIN, TX 78716
City, State & Zip Code
Signature
postbidmstispecmaster
L.P.
PBD -7
COLONIAL AMERICAN CASUALTY
AND SURETY COMPANY
Surety
By:
ATTY —IN —FACT
Title
12222 MERIT DRIVE #900
Address
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
HOME OFFICES: 3910 KESWICK ROAD, BALTIMORE, MD 21211
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by PAUL C.
ROGERS, Vice President, and J. G. HAMILTON, Assistant Secretary, in pursuance of authority granted by Article VI,
Section 2, of the By -Laws of said Companies, which are set f. on the rev e side hereof and are hereby certified to be in
full force and effect on the date hereof, does hereby no constim appoint Robert C. SIDDONS, Steven B.
SIDDONS, Robert C. FRICKE, Linda EDWARDS, D • J. WE 4 James F. SIDDONS, Tommy NELSON and
Samuel G. SIDDONS, all of Austin, Texas, EACH and law`� and Attorney -in -Fact, to make, execute, seal
and deliver, for, and on its behalf as surety, and as i ce .. d deed. .�: nd all bonds and undertakings EXCEPT bonds
on behalf of Independent Executors, Communi . rvors a ■C on munity Guardians and the execution of such bonds
or undertakings in pursuance of these presents, s . i as bind `n said Companies, as fully and amply, to all intents and
purposes, as if they had been duly executed an owledg + e regularly elected officers of the Company at its office
in Baltimore, Md., in their own proper pis. Thiser of attorney revokes that issued on behalf of Robert C.
SIDDONS, Steven B. SIDDONS, Robe ' CKE, Ann ROGERS, Linda EDWARDS, Douglas J. WEALTY,
James F. SIDDONS, and Tommy NEL ted Nov 30, 2000.
The said Assistant Secretary does h
Section 2, of the By -Laws of said Co
IN WITNESS WHEREOF, the Vice
affixed the Corporate Seals of the said F
AMERICAN CASUALTY AND SURET, C i
ATTEST: V �
POA -F 168.9875
J. G. Hamilton
ct set forth on the reverse side hereof is a true copy of Article VI,
force.
ent and Assistant Secretary have hereunto subscribed the names and
AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL
PANY, this 7th day of February, A.D. 2002.
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
By:
Assistant Secretary Paul C. Rogers
Vice President
State of Maryland
County ofHarford ss:
On this 7th day of February, A.D. 2002, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came PAUL C. ROGERS, Vice President, and J. G. HAMILTON, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the
preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and
each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the
preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
Patricia A. Trombetti Notary Public
My Commission Expires: October 9, 2002
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EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior
Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, '
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
EXTRACT FROM BY -LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior '
Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice - Presidents, Assistant Vice - Presidents and Attorneys-in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, '
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE 1
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the ,
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the original Power of Attorney
of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further
certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially
authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the respective
By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY.
This Power of Attomey and Certificate may be signed by facsimile under and by authority of the following resolution of the '
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY at a meeting duly called and held on the 5th day of May, 1994.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attomey issued by the Company, shall be valid and •
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this day of 1 V " , Z . 1
Assistant Secretary
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IMPORTANT NOTICE
S8543f(Tx) (08/01)
Fidelity and Deposit Company of Maryland
Home Office: P.O. Box 1227, Baltimore, MD 21203 -1227
To obtain information or make a complaint:
You may call the Fidelity and Deposit Company of Maryland, Colonial American Casualty and
Surety Company, and/or Zurich American Insurance Company's toll -free telephone number for
information or to make a complaint at:
1 800 - 654 - 5155
You may contact the Texas Department of Insurance to obtain information on companies,
coverages, rights, or complaints at:
1- 800 - 252 -3439
You may write the Texas Department of Insurance:
P.O. Box 149104
Austin, TX 78714 -9104
FAX # (512) 475 -1771
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning the premium or
about a claim, you should first contact Fidelity and Deposit Company of Maryland or Colonial
American Casualty and Surety Company. If the dispute is not resolved, you may contact the Texas
Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does
not become a part or condition of the attached document.
1
'PRODUCER
Frank Siddons Insurance
El P.O. Box 164077
▪ Austin, TX 78716
I NSURED C National Union Fire Ins. Co.
Austin Traffic Signal Construction Co., L.P.
▪ P.O. Box 130 I) Commerce & Industry Ins. Co.
Round Rock, TX 78680 -0130
LUIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business
>perations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by
' he companies, and further hereinafter described. Exceptions to the policies are noted below.
"O TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION
LTR NUMBER DATE DATE
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ID
WC7085171 4/14/02• 4/14/03 DISEASE- POLICrIMIT s 1,000,000.
' DISEASE -EACH EMPLOYEE $ 1,000,000.
PROFESSIONAL LIABILITY
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The City of Round Rock is named as additional insured with respect to ail policies except 'Workers' Compensation and Employees' Liability' and
' Professional 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 notiw to the certificate holder named below.
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C ERTiFICATE OF LIABILITY k..JURANCE
GENERAL LIABILITY
AUTOMOaULE LIABILITY
EXCESS LIABILITY
WORKERS' COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONSHOCA '11ONSNEHICI.ES/SPEC!AL n'EMS/EXCEPIIONS
CERTIFICATE HOLDER: City Mnnagcr
City ofRowtd Rock
221 E. Main Street
Round Rock, Texas 78664
89Z - ZO /ZO'd 0(0 -1 9410551119+
Date: 11/13/02
COMPANIES AFFORDING COVERAGE
A American Rome Assurance Ins. Co.
$ Illinois National Ins. Co.
LIMITS
GENERAL AGGREGATE $ 2,000,000.
GL9332005 4/14/02 4/14/03 PRODUCTS-COMP/OP AGO. 2,000,000.
PERSONAL Re ADV.INJURYS 1,000,000.
EACH OCCURRENCE S 1,000,000.
FIRE DAMAGE (Any one ibe) S 50 , 000 .
MED. EXPENSE (Any one pawn) 5 5,000.
COMBtMEDSLNGLELIMrr S1,000,000.
AL8261107 4/14/02 4/14/03 BODILY INJURY (Pa 1=005
BODILY INJURY (Per accident) 5
PROPERTY DAMAGE S
EACH OCCURRENCE S 2,000,000.
BE1399751 4/14/02 4/14/03 AGGREGATE 5 2,000,000.
STATUTORY LIMITS S
EACH ACCIDENT $ 1,000,000.
SIGNA
Typed Name Robert C. Siddons
Title: President
Frank Siddons Insurance
AT1VE
S 1 Y -mold miS V 10 ZO - EI -II
1
WARRANTY BOND
1 BOND NUMBER PRF08624073 AMOUNT $154.731.75
KNOW ALL MEN BY THESE PRESENTS,
That we, AUSTIN TRAFFIC SIGNAL CONSTRUCTION, L.P.
(hereinafter called the "Principal ") as Principal,
and the c . A. c. s . c. a Corporation duly organized under the laws
of the State of MARYLAND and duly licensed to transact business in
the State of TEXAS (hereinafter called the "Surety"), as Surety, are
held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS (hereinafter called
the "Obligee "), in the sum of ONE HUNDRED FIFTY FOUR THOUSAND,
SEVEN HUNDRED THIRTY ONE & 75/100 dollars ($ 154,731.75 ) for the
' payment 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.
' Sealed with our seals and dated this day of NOVEMBER , A.D. mititttecoxiandEndx
' and 2002
WHEREAS, the said Principal has heretofore entered into a contract with
CITY OF ROUND ROCK, TX
Dated NOVEMBER , 20 02, for construction of:
FM 3406 AND PLANTATION DRIVE SIGNAL INSTALLATION
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 ONE year(s) from the date of acceptance of the
project above described, by Owner: •
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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 ONE year(s) from the date of
acceptance of the project above described, by Owner:
The City of Round Rock, Texas
postbid.m sit pee master
PBD -9
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.
AUSTIN TRAFFIC SIGNAL COLONIAL AMERICAN CASUALTY
CONSTRUCTION COMPANY, L.P. AND SURETY COMPANY
Principal
By: / I _ r By:
�RFSipEN�
Title
P.O. BOX 130
12222 MERIT DRIVE Jl900
Address Address
ROUND ROCK, TX 78680
Resident Agent of Surety:
FRANK SIDDONS INS
Printed Name
P.O. BOX 164077
Address
AUSTIN, TX 78716
City, State & Zip Code
Signature
pcmbantsu
Title
PBD -10
Surety
ATTY —IN —FACT
DALLAS, TX 75251
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
HOME OFFICES: 3910 KESWICK ROAD, BALTIMORE, MD 21211
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by PAUL C.
ROGERS, Vice President, and J. G. HAMILTON, Assistant Secretary, in pursuance of authority granted by Article VI,
Section 2, of the By -Laws of said Companies, which are set f. on the rev� side hereof and are hereby certified to be in
full force and effect on the date hereof, does hereby no ' Lt constitu appoint Robert C. SIDDONS, Steven B.
SIDDONS, Robert C. FRICKE, Linda EDWARDS, D. •�•�. J. WE ' ti • James F. SIDDONS, Tommy NELSON and
Samuel G. SIDDONS, all of Austin, Texas, EACH ' - and law`, ent and Attomey -in -Fact, to make, execute, seal
and deliver, for, and on its behalf as surety, and as i � d deed: nd all bonds and undertakings EXCEPT bonds
on behalf of Independent Executors, Commit] i c ivors a t munity Guardians and the execution of such bonds
g pursuance presents, as bind' • ?`; n said Companies, as fully and amply, to all intents and
or undertakin sin ursuance of these resents, s '.l ►?.
purposes, as if they had been duly executed and owledg regularly elected officers of the Company at its office
in Baltimore, Md., in their own proper p= •'+.ys. This !After of attorney revokes that issued on behalf of Robert C.
SIDDONS, Steven B. SIDDONS, Robe c�am• CKE, Ann ROGERS, Linda EDWARDS, Douglas J. WEALTY,
James F. SIDDONS, and Tommy NEL ated Nov rF 30, 2000.
The said Assistant Secretary does
Section 2, of the By -Laws of said C
IN WITNESS WHEREOF, the
affixed the Corporate Seals of the said
AMERICAN CASUALTY AND SURE
ATTEST:
POA -F 168 -9875
xtract set forth on the reverse side hereof is a true copy of Article VI,
force.
ent and Assistant Secretary have hereunto subscribed their names and
AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL
ANY, this 7th day of February, A.D. 2002.
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
By:
J. G. Hamilton Assistant Secretary Paul C. Rogers
Vice President
State of Maryland
County ofHarford ss:
On this 7th day of February, A.D. 2002, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came PAUL C. ROGERS, Vice President, and J. G. HAMILTON, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the
preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severalty and
each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the
preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
Patricia A. Trombetti Notary Public
My Commission Expires: October 9, 2002
1
EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior
Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, ,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
EXTRACT FROM BY - LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior '
Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice - Presidents, Assistant Vice - Presidents and Attorneys-in-Fact as the business of the Company may requ or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, '
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE 1
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the '
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the original Power of Attorney
of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further
certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially
authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the respective
By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the '
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY at a meeting duly called and held on the 5th day of May, 1994.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attomey issued by the Company, shall be valid and •
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this day of IyQ J 2IO2_ . 1
Assistant Secretary
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S8543f(TX) (08/01)
Fidelity and Deposit Company of Maryland
Home Office: P.O. Box 1227, Baltimore, MD 21203 -1227
IMPORTANT NOTICE
To obtain information or make a complaint:
You may call the Fidelity and Deposit Company of Maryland, Colonial American Casualty and
Surety Company, and/or Zurich American Insurance Company's toll -free telephone number for
information or to make a complaint at:
1- 800 - 654 -5155
You may contact the Texas Department of Insurance to obtain information on companies,
coverages, rights, or complaints at:
1 -800- 252 -3439
You may write the Texas Department of Insurance:
P.O. Box 149104
Austin, TX 78714 -9104
FAX # (512) 475 -1771
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning the premium or
about a claim, you should first contact Fidelity and Deposit Company of Maryland or Colonial
American Casualty and Surety Company. If the dispute is not resolved, you may contact the Texas
Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does
not become a part or condition of the attached document.
4.0 GENERAL CONDITIONS
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Contents
1. Definition of Terms
1.01 - City, 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
2. Responsibilities of the Engineer and the Contractor
2.01 - City- 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
gencand.mst/spec master
General Conditions of Agreement
GC -1
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3. General Obligations and Responsibilities
3.01 - Keeping Plans and Specifications Accessible
3.02 - Ownership of Drawings
3.03 - Adequacy of Design
3.04 - Right of Entry
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 Inventions
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
3.23 - Right to Audit
4. Prosecution and Progress
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
genoondmwapx master
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6. Extra Work and Claims
6.01 - Change Orders
6.02 - Minor Changes
6.03 - Extra Work
6.04 - Maximum Markup for Self - Performed Work
6.05 - Maximum Markup for Lower Tier Contractors
6.06 - Unit Price Proposals
6.07 - Cost Plus Proposals
6.08 - Accurate Pricing Information
6.09 - Right to Verify Information
6.10 - Pricing Information Requirements
6.11 - Time of Filing Claims
6.12 - Continuing Performance
7. Abandonment of Contract
7.01- Abandonment by Contractor
7.02 - Abandonment by City
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 - City'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 City for Cause
11.02 - Termination for Convenience
gencondinst/spee master
GC -3
1. Definition of Terms
General Conditions of Agreement
1.01 City, Contractor and Engineer
The City, 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 City, and nothing contained in the Contract Documents shall create any contractual
or agency relationship between the Engineer and the Contractor.
1.02 Contract Documents
The Contract Documents shall consist of the Notice to Contractors, Instructions to
Bidders, Proposal, Signed Agreement, Perfonnance 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.
1.03 Subcontractor
The term "Subcontractor," as employed herein, applies only to one who has 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.
1.04 Sub - Subcontractor
The term "Sub- Subcontractor" applies to 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.
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1.05 " Written Notice
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.
1.06 Work
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 that 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 City 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
herein under "Changes and Alterations."
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.
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2. Responsibilities of the Engineer and the Contractor
2.01 City- Engineer Relationship
The Engineer will be the City's representative during construction. The duties,
responsibilities and limitations of authority of the Engineer as the City's representative
during construction are as set forth in the Contract Documents and shall not be extended
or limited without written consent of the City and the Engineer. The Engineer will advise
and consult with the City, and all of the City'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 inspections 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 City of the Engineer's professional judgment 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 City relating to execution or progress of the work or
interpretation of the Contract Documents. The Engineer's decision shall be rendered in
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1 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 that, in the opinion of either party hereto,
is not in accordance with the meaning and intent of this contract, either party may file
I 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.
1 2.06 Lines and Grades
I Unless otherwise specified, the Engineer or his representative shall furnish all lines and
grades. Whenever necessary, construction work shall be suspended to permit
performance of this work, but such suspension will be as brief as practical and the
I Contractor shall be allowed no extra compensation therefore. 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
I of careless destruction or removal by him or his employees, such stakes, marks, etc., shall
be replaced at the Contractor's expense.
I 2.07 Contractor's Duty and Superintendence
The Contractor shall give adequate attention to the faithful prosecution and completion of
1 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
I to him shall be as binding as if given by the Contractor.
The Contractor is and at all times shall remain an independent contractor, solely
1 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
I City 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
I 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
I 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
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any other such information shall be to define the specificity of the work the Contractor is
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 City, 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 that can in any way affect the work
under this contract. The Contractor agrees that he will make no claim against the City 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 City or the
Engineer either before or after the execution of this contract shall affect or modify any of
the terms or obligations herein contained.
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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 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. Any Contractor for work on this project may employ no illegal alien, 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 completely
review all shop drawings to ascertain their effect on his ability to perform the required
contract work in accordance with the plans and specifications and within the contract
time.
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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 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 City 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 borne by the Contractor. Otherwise, the expense thus incurred shall be allowed
as Extra Work and shall be paid for by the City; 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.
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2.15 Changes and Alterations
The Contractor further agrees that the City may make such changes and alterations as the
City may see fit in the line, grade, form, dimensions, plans or materials for the work
herein contemplated, or any part thereof, either before or after the beginning of the
construction, without affecting the validity of this contract and the accompanying
performance and payment Bonds.
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
City makes such changes or alterations as shall make useless any work already done or
material already furnished or used in said work, then the City 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 City to independently act for either or to 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
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duty to complete all work in strict accordance with the plans and specifications or stop
the City or the Engineer from requiring that all work be fully and properly performed
and, if necessary, that defective or otherwise unacceptable work be removed and such
work redone.
3. General Obligations and Responsibilities
3.01 Keeping 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
No drawings, specifications or copies furnished by the Engineer shall be reused on other
work, and, with the exception of the signed contract sets, are to be returned to the
Engineer, on request, at the completion of the work. All models are the property of the
City.
3.03 Adequacy of Design
It is understood that the City believes it has employed competent engineers and designers.
It is therefore agreed that the City 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 City. 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 City reserves the right to enter the property or location at which the work herein
contracted for is 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 City may desire.
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3.05 Collateral Contracts
The City 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 City 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 that 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 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 govern. In the event that there is still any doubt as to the meaning and
intent of any portion of the contract, specifications or drawings, the Engineer shall define
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 City or the Engineer, thereby causing loss
to the Contractor, the City agrees that he will reimburse the Contractor for such loss. In
the event the City 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
City becomes liable, then the Contractor shall reimburse the City 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
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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 City 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 documentation that defines the event. Copies of such documentation shall be
provided to the City 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 from the
Contractor. It is agreed that the contract shall not be in effect until such performance and
payment bonds are furnished and approved by the City.
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 the City will make no extra payment for such bonds.
Unless otherwise approved in writing by the City, 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 bome
by the Contractor at his own cost and expense.
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3.12 Protection of Adjoining Property
1 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 City 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.
3.13 Protection Against Claims of Subcontractors, Laborers, Material men and
Furnishers of Machinery, Equipment and Supplies
The Contractor agrees that he will indemnify and save the City and the Engineer from all
claims growing out the lawful demands of Subcontractors, laborers, workers, mechanics,
' material men and furnishers of machinery and parts thereof, equipment, power tools and
all supplies, including commissary, incurred in the furtherance of the performance of this
contract. When so desired by the City, 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 City may either pay directly any unpaid
bills of which the City 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 either the Contractor or his surety construe the
provisions of this sentence to impose any obligation upon the City.
3.14 Protection Against Royalties or Patented Inventions
' 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 defend, indemnify and
hold harmless the City and the Engineer from any loss on account thereof, except that the
City shall defend all such suits and claims and shall be responsible for all such losses
' when a particular design, device, material or process or the product of a particular
manufacturer or manufacturers is specified or required by the City; provided, however, if
choice of alternate design, device, material or process is allowed to the Contractor, then
the Contractor shall defend, indemnify and hold harmless the City from any loss on
1 account thereof. If the material or process specified or required by the City is known by
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the Contractor to be an infringement, the Contractor shall be responsible for such loss
I unless he promptly gives such information to the City.
3.15 Laws and Ordinances
' The Contractor shall at all times observe and comply with all federal, state and local
laws, ordinances and regulations, which in any manner affect the contract or the work,
I and shall indemnify and save the City 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
I 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
I Contractor performs any work knowing it to be contrary to such laws, ordinances, rules
and regulations, and without such notice to the Engineer, he shall bear all costs arising
therefrom. In case the City is a body politic and corporate, the law from which it derives
I its powers, insofar as the same regulates the objects for which, or the manner in which, or
the conditions under which the City may enter into contract, shall be controlling and shall
be considered as part of this contract to the same effect as though embodied herein.
1 3.16 Assignment and Subletting
I 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
I Engineer, and that no part or feature of the work will be sublet to anyone objectionable to
the Engineer or the City. 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 City as provided by this agreement.
3.17 Indemnification
II The Contractor shall defend, indemnify and hold harmless the City and the Engineer and
their respective officers, agents and employees, from and against all damages, claims,
' losses, demands, suits, judgments 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:
I 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,
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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 section 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.
In any and all claims against the City 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 this section 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 Workers' 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 employees or representative's work on the project
has been completed and accepted by the City.
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
gcncona.msu:pec master GC -17
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 that 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. This coverage shall include the following terms:
(a) Employer's Liability limits of $100,000.00 for each accident is
required.
(b) "Texas Waiver of Our Right to Recover From Others"
Endorsement WC 42 03 04 shall be included in this policy.
(c)
gencond.mstlspec master GC - 18
Texas must appear in Item 3A of the Workers' 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 WY."
The Contractor must provide a certificate of coverage to the City 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 City showing that
coverage has been extended.
The Contractor shall obtain from each person providing services on a project, and
provide to the City:
(a) a certificate of coverage, prior to that person beginning work on
the project, so the City will have on file certificates of coverage
showing coverage for all persons providing services on the project;
and
gencond.mstlspec master
(b) 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 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 of Texas Labor Code, Section
401.011(44), for all of its employees providing services on the
project, for the duration of the project;
(b)
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;
GC-19
gcncond.mstlspcc master
(e) retain all required certificates of coverage on file for the duration
of the project and for one year thereafter;
(f)
(g)
notify the City 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 City that all employees of the
Contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be
based on proper reporting of classification codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate insurance carrier or, in the
case of a self - insured worker, 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 a breach of
contract by the contractor that entitles the City 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 City.
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 Bodily Injury of $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.
GC -20
The Contractor shall not commence work at the site under this contract until he has
obtained all required insurance and until the City and the Engineer have approved such
insurance. 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
City 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 City and
all insurance (other than workers' compensation) shall be endorsed to include the City as
an additional insured there under.
All insurance policies /certificates shall include a clause providing that the insurer will
notify the City in writing at least 30 days prior to termination, cancellation, reduction, or
material change of coverage. This clause must require that the City be contacted within
the specified time by 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 termination, cancellation, reduction or material change of
coverage.
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 provided above, the City 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 that may be discovered
within the said one -year period. The Contractor shall at his own expense correct such
gencond.msUspec master
GC -21
defect within thirty (30) days after receiving written notice of such defect from the City
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 City 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 City. All retesting for work rejected
on the basis of test results will be at the expense of the Contractor and the Engineer shall
determine the extent of the retesting. The Engineer may require additional testing for
failing tests and may require two (2) passing retests before acceptance will be made by
the City. The City will designate the testing laboratory.
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 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, employs the worker.
gencond.nal/specmastcr GC -22
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:
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.
Applicable wage rates are shown in Section 06 WAGE RATES of the SPECIAL
CONDITIONS.
3.23 Right to Audit
Whenever the City enters into any type of contractual arrangement including but not
limited to lump sum contracts (i.e., fixed price or stipulated sum contracts), unit price, cost
plus or time and material contracts with or without a guaranteed maximum (or not -to-
exceed amounts), Contractor's "records" shall upon reasonable notice be open to
inspection and subject to audit and/or reproduction during normal business working hours.
A City representative, or an outside representative engaged by the City may perform such
audits. The Contractor shall maintain all records relating to this contract for four (4) years
from the date of final payment under this Contract, or until pending litigation has been
completely and fully resolved, whichever occurs last.
gencond.mst/spec master GC -
The City shall have the exclusive right to examine the records of the Contractor. The term
"records" as referred to in this Contract shall include any and all information, materials and
data of every kind and character, including without limitation records, books, papers,
documents, contracts, schedules, commitments, arrangements, notes, daily diaries, reports,
drawings, receipts, vouchers and memoranda, and any and all other agreements, sources of
information and matters that may, in the City's judgment, have any bearing on or pertain to
any matters, rights, duties or obligations under or covered by any Contract Document.
Such records shall include (hard copy, as well as computer - readable data if it can be made
available), written policies and procedures; time sheets; payroll registers; cancelled checks;
personnel file data; correspondence; general ledger entries; and any other record in the
Contractor's possession which may have a bearing on matters of interest to the City in
connection with Contractor's dealings with the City (all foregoing hereinafter referred to as
"records "). In addition, the Contractor shall permit interviews of employees as well as
agents, representatives, vendors, subcontractors and other third parties paid by the
Contractor to the extent necessary to adequately permit evaluation and verification of:
a) Contractor compliance with contract requirements,
b) compliance with City's business ethics policies, and
c) if necessary, the extent of the work performed by the Contractor at the time of
contract termination.
Contractor shall require all payees (examples of payees include subcontractors, insurance
agents, material suppliers, etc.) to comply with the provisions of this article by incurring
the requirements hereof in a written contract agreement between Contractor and payee.
Such requirements include a flow -down right of audit provisions in contracts with payees
that also apply to Subcontractors and Sub - Subcontractors, material suppliers, etc.
Contractor will cooperate fully and will require Related Parties and all of Contractor's
subcontractors (including those entering into lump sum subcontracts) to cooperate fully in
furnishing or in making available to the City from time to time whenever requested, in an
expeditious manner, any and all such information, materials and data.
City's authorized representative or designee shall have reasonable access to the
Contractor's facilities, shall be allowed to interview all current or former employees to
discuss matters pertinent to the performance of this Contract and shall be provided
adequate and appropriate work space, in order to conduct audits in compliance with this
article.
If an audit inspection or examination in accordance with this Article discloses overpricing
or overcharges (of any nature) by the Contractor to the City in excess of one -half of one
percent (.5 %) of the total contract billings, the reasonable actual cost of the City's audit
shall be reimbursed to the City by the Contractor. Any adjustments and/or payments,
which must be made as a result of any such audit or inspection of the Contractor's invoices
gencond.mst/spec master GC -
and/or records, shall be made within a reasonable amount of time (not to exceed 90 days)
from presentation of the City's findings to the Contractor.
Contractor shall take reasonable actions to prevent any actions or conditions, which could
result in a conflict with the City's best interests. These obligations shall apply to the
activities of Contractor's employees, agents, subcontractors, etc. in their dealings and
relations with the City's current and former employees and their relatives. For example,
Contractor's employees, agents or subcontractors should not make or provide to be made
any employment, gifts, extravagant entertainment, payments, loans or other considerations
to City's representatives, employees or their relatives.
It is also understood by the Contractor that any solicitation of gifts or any other item of
value by anyone representing the City is to be reported within two business working days
to the City at the following telephone number ( ) - ( Department).
Failure to report any such solicitations or offers shall be deemed a material breach of
contract entitling the City to pursue damages resulting from the failure to comply with tiffs
provision.
4. Prosecution and Progress
4.01 Time and Order of Completion
It is the meaning and intent of this contract, unless otherwise herein specifically provided,
that the Contractor shall be allowed to prosecute his work at such times and seasons, in
such order of precedence, and in such manner as shall be most conducive to economy of
construction; provided, however, that the order and the time of prosecution shall be such
that the work shall be substantially completed as a whole and in part, in accordance with
this contract, the plans and specifications, and within the time of completion designated in
the proposal: provided, also, that when the City 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 City shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the
Engineer, schedules that 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.
gencond.mst/spec master
GC -25
4.02 Extension of Time
Should the Contractor be delayed in the completion of the work by any act or neglect of
the City or the Engineer, or of any employee of either, or by other contractors employed by
the City, 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 that 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
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 City) 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 City, then such expense as in
the judgment of the Engineer is caused by such stoppage of said work shall be paid by the
City 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 that
gencond.mst/spec master GC- 26
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 than 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."
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 City 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 that in the opinion of the Engineer is acceptable.
The Engineer shall examine and approve or modify and approve such statements.
The City 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, of
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 City 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 occufs due to no fault or neglect on the part of the
Contractor, then the City may, upon written recommendation of the Engineer, pay a
reasonable and equitable portion of the retained percentage to the Contractor; or the
gencond.mst/spec master GC- 27
Contractor, at the City'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 City 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.
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 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 City shall
inspect the work and within said time, if the work is found to be completed in accordance
with the Contract Documents, the Engineer shall issue to the City and the Contractor his
Certificate of Completion, and thereupon it shall be the duty of the City 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 a final statement for the value of all work performed and
materials furnished under the terms of the agreement and shall certify same to the City,
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.
gencond.mst/spec master GC- 28
5.08 Payments Withheld
The City may, on account of subsequently discovered evidence, withhold or nullify the
whole or part of any certificate to such an extent as may be necessary to protect itself 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 City or another contractor's work, material or equipment.
e) reasonable doubt that the work can be completed for the unpaid balance of the
contract amount.
f) reasonable indication that the work will not be completed within the contract time.
g)
other causes affecting the performance of the contract.
When the above grounds are removed or the Contractor provides a surety bond satisfactory
to the City, which will protect the City in the amount withheld, payment shall be made for
amounts withheld because of them.
5.09 Delayed Payments
Should the City fail to make payment to the Contractor of the sum named in any partial or
final statement when payment is due, then the City 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 City in making payment to the Contractor of the sum named in any partial or final
statement shall not constitute a breach of this contract on the part of the City 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.
gencond.mst/spec master GC -29
6. Extra Work and Claims
6.01 Change Orders
The contract language contained herein will supplement and take precedence over all other
change order pricing contract provisions in file contract documents provided by either the
City, Construction Manager (Contractor), General Contractor (Contractor) and/or
Architect/Engineer. It is understood that these contract provisions will govem the pricing
and administration of all change order proposals to be submitted by the General Contractor
(Contractor), Construction Manager (C/M), Prime Contractors, Trade Contractors or
Subcontractors (Subcontractor), and all other lower tier Contractors (Sub - Subcontractors)
working on the Project. In the event of a conflict between the language herein and the
other contract documents used for the project, the change order pricing and contract
provisions in this Article shall govern.
The Contractor agrees that it will incorporate the provisions of this Article into all
agreements with lower -tier Contractors, Subcontractors, etc. It is understood that these
change order pricing provisions apply to all types of contracts and/or subcontracts,
specifically including lump sum (or fixed price contracts), unit price contracts, and/or cost
plus contracts with or without a guaranteed maximum. It is further understood that these
change order provisions will apply to all methods of change order pricing, specifically
including lump sum change order proposals, unit price change order proposals, and cost
plus change order proposals.
Without invalidating this agreement, the City 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 City 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 City, 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 City 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 believes that any minor change or alteration authorized by the Engineer
involves extra work and entitles him to an increase in the contract price, the Contractor
shall make written request to the Engineer for a written field order.
gencond.mst/spec master
GC -30
In such case, the Contractor by copy of his communication to the Engineer or otherwise in
writing shall advise the City of his request to the Engineer for a written field order and that
work involved may result in an increase in the contract price.
Any request by the Contractor for a change in contract price shall be made prior to
beginning the work covered by the proposed change.
6.03 Extra Work
It is agreed that the basis of compensation to the Contractor for work either added or
deleted by a change order or for which a claim for extra work is made shall be determined
by the unit prices upon which this contract was bid to the extent that such work can be
fairly classified within the various work -item descriptions and for work items that cannot
be so classified by one or more of the following methods:
Method (A)
By agreed unit prices; or
Method (B)
By agreed lump sum; If Method (B) is utilized, the Contractor will submit a properly
itemized Lump Sum Change Order Proposal covering the additional work and/or the
work to be deleted. This proposal will be itemized for the various components of
work and segregated by labor, material, and equipment in a detailed format
satisfactory to the City. The City will require itemized change orders on all change
order proposals from the Contractor, Subcontractors, and Sub - Subcontractors
regardless of tier. Details to be submitted will include detailed line item estimates
showing detailed material quantity take -offs, material prices by item and related labor
hour pricing information and extensions (by line item by drawing as applicable).
Method (C)
If neither Method (A) nor Method (B) is agreed upon before the extra work is
commenced, then the Contractor shall submit a cost plus change order proposal as
defined in the following provisions:
a. Labor: Estimated labor costs to be included for self - performed work shall
be based on the actual cost per hour paid by the Contractor for those workers or
crews of workers who the contractor reasonably anticipates will perform the
change order work. Estimated labor hours shall include hours only for those
workmen and working foremen directly involved in performing the change
order work. Supervision above the level of working foremen (such as general
foremen, superintendent, project manager, etc.) is considered to be included in
the agreed upon Markup Percentages as outlined in paragraph 6.04 of this
Article.
gencond.mst/spec master GC -31
b. Labor Burden - Labor burden allowable in change orders shall be defined
as employer's net actual cost of payroll taxes (FICA, Medicare, SUTA, FUTA),
net actual cost for employer's cost of union benefits (or other usual and
customary fringe benefits if the employees are not union employees), and net
actual cost to employers for worker's compensation insurance taking into
consideration adjustments for experience modifiers, premium discounts,
dividends, rebates, expense constants, assigned risk pool costs, net cost
reductions due to policies with deductibles for self - insured losses, assigned risk
rebates, etc. the Contractor shall reduce his standard payroll tax percentages to
properly reflect the effective cost reduction due to the estimated impact of the
annual maximum wages subject to payroll taxes.
c. Material: Estimated material change order costs shall reflect the Contractor's
reasonably anticipated net actual cost for the purchase of the material needed
for the change order work. Estimated material costs shall reflect cost reductions
available to the Contractor due to trade discounts, free material credits, and/or
volume rebates. Cash discounts available on material purchased for change
order work shall be credited to City if the Contractor is provided City funds in
time for Contractor to take advantage of any such cash discounts. Price
quotations from material suppliers must be itemized by each specific item to be
purchased. "Lot pricing" quotations will not be considered sufficient
substantiating detail.
d. Equipment: Allowable change order estimated costs may include
appropriate amounts for rental of major equipment specifically needed to
perform the change order work (defined as tools and equipment with an
individual purchase cost of more than $750). For contractor -owned equipment,
the "bare" equipment rental rates allowed to be used for pricing change order
proposals shall be 75% of the monthly rate listed in the most current publication
of The AED Green Book divided by 173 to arrive at a maximum hourly rate to
be applied to the hours the equipment is used performing the change order
work. Further, for contractor -owned equipment, the aggregate equipment rent
charges for any single piece of equipment used in any change order work shall
be limited to 50% of the fair market value of the piece of equipment when the
first change order is priced involving usage of the piece of equipment. Fuel
necessary to operate the equipment will be considered as a separate direct cost
associated with the change order work.
No claim for extra work of any kind will be allowed unless ordered in writing by the
Engineer. In case any orders or instructions, either oral or written, appear to the Contractor
to involve extra work for which he should receive compensation or an adjustment in the
construction time, he shall make written request to the Engineer for written order
authorizing such extra work. Should a difference of opinion arise as to what does or does
gencond.mst/spec master GC- 32
not constitute extra work, or as to the payment therefore, and the Engineer insists upon its
performance, the Contractor shall proceed with the work after making written request for
written order and shall keep an accurate account of actual costs, as provided under Method
(C). The Contractor will thereby preserve the right to submit the matter of payment to
mediation or litigation.
6.04 Maximum Markup for Self- Performed Work
With respect to pricing change orders to any Lump Sum Contract change order, the
maximum Markup Percentage Fee to be paid to any Contractor (regardless of tier) on self-
performed work shall be a single markup percentage not -to- exceed (the following sliding
scale of percentages) of the net direct cost of (1) direct labor and allowable labor burden
costs applicable to the change order or extra work, (2) the net cost of material and installed
equipment incorporated into the change or extra work, and (3) net rental cost of major
equipment and related fuel costs necessary to complete the change in the Work. The
following sliding scale will apply for the pricing of the self-performed work portion of
each change order proposal request:
a. 15% on the first $25,000 of the change order direct cost of self - performed
work,
b. 10% on the portion of the change order direct cost of self- performed
work between $25,000 and $50,000, and
c. 7.5% on the portion of the change order direct cost of self-performed
work between $50,000 and $200,000 and,
e. 5% on the portion of the change order direct cost of self- perfonned work
greater than $200,000.
6.05 Maximum Markup for Lower Tier Contractors:
With respect to pricing the portion of change order proposals involving work performed by
lower -tier contractors, the maximum Markup Percentage Fee allowable to the Contractor
supervising the lower -tier contractor's work shall not -to- exceed the following sliding scale
on the aggregate amount allowed to be charged by the lower tier contractor(s) for each
change order event:
a. 8% on the first $25,000 of approved change order work performed by all
Subcontractors combined for any particular change order proposal.
b. 4% on any amount greater than $25,000 of approved change order work
performed by all the Subcontractors combined for any particular change
order proposal.
In no event will any lump sum or percentage amounts for "contingency" be allowed to be
added as a separate line item in change order estimates. Unknowns attributable to labor
hours will be accounted for when estimating labor hours anticipated to accomplish the
work. Unknowns attributable to material scrap and waste will be estimated as part of
material costs.
gencond.mst/spec master
GC -33
The Contractor's proposals for changes in the contract amount or time shall be submitted
within seven (7) calendar days of the City's request, unless the City extends such period of
time due to the circumstances involved. If such proposals are not received in a timely
manner, or if the proposals are not acceptable to City, or if the changed work should be
started immediately to avoid damage to the project or costly delay, the City may direct the
Contractor to proceed with the changes without waiting for the Contractor's proposal or for
the formal change order to be issued. In the case of an unacceptable Contractor proposal,
the City may direct the Contractor to proceed with the changed work on a cost plus basis
with an agreed upon not -to- exceed price for the work to be performed. Such directions to
the Contractor by the City shall be confirmed in writing by a "Notice to Proceed on
Changes" letter within seven (7) calendar days. The cost or credit, and or time extensions
will be determined by negotiations as soon as practical thereafter and incorporated in a
Change Order to the Contract.
In the event the Contractor has been required to furnish performance and/or payment bonds
as part of the base contract price, a final contract change order will be processed to account
for the Contractor's net increase or decrease in bond premium costs associated with change
orders to Contractor's base contract price. Contract adjustments related to any such
increased or decreased costs of insurance and/or bond coverage will not be subject to any
Contractor markup for overhead and profit.
6.06 Unit Price Proposals
As an altemative to Lump Sum Change Order Proposals, the City or the Construction
Manager acting with the approval of the City may choose the option to use Contract Unit
Prices. The Contractor will submit within seven (7) days after receipt of the City's written
request for a Unit Price Proposal, a written Unit Price proposal itemizing the quantities of
each item of work for which there is an applicable Contract Unit Price. The quantities must
be itemized in relation to each specific contract drawing.
Contract Unit Prices will be applied to net differences of quantities of the same item. Such
Contract Unit Prices will be considered to cover all direct and indirect costs of furnishing
and installing the item including the Subcontractor's Markup Percentage Fee.
6.07 Cost Plus Proposals
As an alternative to either Lump Sum Change Order Proposals or Unit Price Change Order
Proposals, the City may elect to have any extra work performed on a cost plus markup
percentage fee basis. Upon written notice to proceed, the Contractor shall perform such
authorized extra work at actual cost for direct labor (working foremen, journeymen,
apprentices, helpers, etc.), actual cost of labor burden, actual cost of material used to
perform the extra work, and actual cost of rental of major equipment (without any charge
for administration, clerical expense, general supervision or superintendence of any nature
gencond.mstlspec master GC - 34
whatsoever, including general foremen, or the cost or rental of small tools, minor
equipment, or plant (fabrication), plus the approved markup percentage fee. The intent of
this clause is to define allowable cost plus chargeable costs to be the same as those
allowable when pricing Lump Sum Change Proposals as above. City and Contractor may
agree in advance in writing on a maximum price for this work, and City shall not be liable
for any charge in excess of the maximum. Daily time sheets with names of all the
Contractor's employees working on the project will be required to be submitted to the City
for both labor and equipment used by the Contractor for time periods during which extra
work is performed on a cost plus fee basis. Daily time sheets will break down the paid
hours worked by the Contractor's employees showing both base contract work as well as
extra work performed by each employee.
6.08 Accurate Pricing Information
The Contractor agrees that it is responsible for submitting accurate cost and pricing data to
support its Lump Sum Change and/or Cost Plus Change Order Proposals or other contract
price adjustments under the contract. The Contractor further agrees to submit change order
proposals with cost and pricing data, which is accurate, complete, current and in
accordance with the terms of the contract with respect to pricing of change orders.
6.09 Right to Verify Information
Contractor agrees that any designated City's representative will have the right to examine
the Contractor's records to verify the accuracy and appropriateness of the pricing data used
to price change proposals. Even after a Change Order Proposal has been approved, the
Contractor agrees that if the City later determines the cost and pricing data submitted was
inaccurate, incomplete, not current or not in compliance with the terms of the contract
regarding pricing of change orders, then an appropriate contract price reduction will be
made.
6.10 Pricing Information Requirements
The Contractor agrees to provide and require all Subcontractors to provide a breakdown of
allowable labor and labor burden cost information as outlined in this Article. This
information will be used to evaluate the potential cost of labor and labor burden related to
change order work. It is intended that this information represent an accurate estimate of
the Contractor's actual labor and labor burden cost components. This information is not
intended to establish fixed billing or change order pricing labor rates. However, at the time
change orders are priced, the submitted cost data for labor rates may be used to price
change order work. The accuracy of any such agreed upon labor cost components used to
price change orders will be subject to later audit. Approved change order amounts may be
adjusted later to correct the impact of inaccurate labor cost components if the agreed upon
labor cost components are determined to be inaccurate.
gencond.mstispec master GC -35
6.11 Time of Filing Claims
It is further agreed by both parties hereto that all questions of dispute or adjustment
presented by the Contractor shall be in writing and filed with the Engineer within thirty
(30) days after the Engineer has given any directions, order or instruction to which the
Contractor desires to take exception. The Engineer shall reply within thirty (30) days to
such written exceptions by the Contractor and render his final decision in writing. In case
the Contractor should appeal the Engineer's decision, any demand for mediation shall be
filed with the Engineer and the City in writing within ten (10) days after the date of the
delivery to the Contractor of the Engineer's final decision. It is further agreed that final
acceptance of the work by the City and the acceptance by the Contractor of the final
payment shall be a bar to any claims by either party, except claims by City for defective
work or enforcement of warranties and except as noted otherwise in the Contract
Documents.
6.12 Continuing Performance
The Contractor shall continue performance of the contract during all disputes or
disagreements with the City. The production or delivery of goods, the furnishing of
services and the construction of projects or facilities shall not be delayed, prejudiced or
postponed pending resolution of any disputes or disagreements, except as the City may
otherwise agree in writing.
7. Abandonment of Contract
7.01 Abandonment by Contractor
In case the Contractor should abandon and fail or refuse to resume work within ten (10)
days after written notification from the City or the Engineer, or if the Contractor fails to
comply with the orders of the Engineer when such orders are consistent with the Contract
Documents, then and in that case, where performance and payment bonds exist, the
sureties on these bonds shall be notified in writing and directed to complete the work, and
a copy of said notice shall be delivered to the Contractor.
After receiving said notice of abandonment, the Contractor shall not remove from the work
any machinery, equipment, tools, materials or supplies then on the job, but the same,
together with any materials and equipment under contract for the work, may be held for
use on the work by the City or the surety on the performance bond, or another Contractor
in completion of the work; and the Contractor shall not receive any rental or credit
therefore (except when used in connection with extra work, where credit shall be allowed
as provided for under Section 6 herein), it being understood that the use of such equipment
gencond.nst/spec master GC -
and materials will ultimately reduce the cost to complete the work and be reflected in the
final settlement.
Where there is no performance bond provided or in case the surety should fail to
commence compliance with the notice for completion hereinbefore provided for, within ten
(10) days after service of such notice, then the City may provide for completion of the
work in either of the following elective manners:
(1) The City may thereupon employ such force of men and use such machinery,
equipment, tools, materials and supplies as the City may deem necessary to
complete the work and charge the expense of such labor, machinery,
equipment, tools, materials and supplies to the Contractor, and expense so
charged shall be deducted and paid by the City out of such monies as may
be due, or that may thereafter at any time become due to the Contractor
under and by virtue of this agreement. In case such expense is less than the
sum which would have been payable under this contract if the same had
been completed by the Contractor, then the Contractor shall receive the
difference. In case such expense is greater than the sum which would have
been payable under this contract if the same had been completed by the
Contractor, then the Contractor and/or his surety shall pay the amount of
such excess to the City, or
(2) The City, under competitive bids taken after notice published as required by
law, may let the contract for the completion of the work under substantially
the same terms and conditions that are provided in this contract. In case
there is any increase in cost to the City under the new contract as compared
to what would have been the cost under this contract, such increase shall be
charged to the Contractor and the surety shall be and remain bound
therefore. However, should the cost to complete any such contract prove to
be less than would have been the cost to complete under this contract, the
Contractor and/or his surety shall be credited therewith.
When the work has been substantially completed, the Contractor and his surety shall be so
notified and Certificates of Completion and Acceptance, as provided in Paragraph 5.06
hereinabove, shall be issued. A complete itemized statement of the contract accounts,
certified by the Engineer as being correct, shall then be prepared and delivered to the
Contractor and his surety, whereupon the Contractor and/or his surety, or the City as the
case may be, shall pay the balance due as reflected by said statement within fifteen (15)
days after the date of deliveries of such Certificate of Completion.
In the event the statement of accounts shows that the cost to complete the work is less than
that which would have been the cost to the City had the work been completed by the
Contractor under the terms of this contract, or when the Contractor and/or his surety shall
pay the balance shown to be due by them to the City, then all machinery, equipment, tools,
gencond.mst/spec master GC- 37
materials or supplies left on the site of the work shall be tumed over to the Contractor
and/or his surety. Should the cost to complete the. work exceed the contract price, and the
Contractor and/or his surety fail to pay the amount due the City within the time designated
hereinabove, and there remains any machinery, equipment, tools, materials or supplies on
the site of the work, notice thereof, together with an itemized list of such equipment and
materials, shall be mailed to the Contractor and his surety at the respective addresses
designated in this contract; provided, however, that actual written notice given in any
manner will satisfy this condition. After mailing, or other giving of such notice, such
property shall be held at the risk of the Contractor and his surety subject only to the duty of
the City to exercise ordinary care to protect such property. After fifteen (15) days from the
date of said notice, the City may sell such machinery, equipment, tools, materials or
supplies and apply the net sum derived from such sale to the credit of the Contractor and
his surety. Such sale may be made at either public or private sale, with or without notice,
as the City may elect. The City shall release any machinery, equipment, tools, materials,
or supplies that remain on the work, and belong to persons other than the Contractor or his
surety, to their proper owners. The books on all operations provided herein shall be
opened to the Contractor and his surety.
7.02 Abandonment by City
In case the City shall fail to comply with the terms of this contract, and should fail to
comply with said terms within ten (10) days after written notification by the Contractor,
then the Contractor may suspend or wholly abandon the work, and may remove there from
all machinery, tools and equipment, and all materials on the site of work that have not been
included in payments to the Contractor and have not been wrought into the work.
Thereupon, the Engineer shall make an estimate of the total amount earned by the
Contractor, which estimate shall include the value of all work actually completed by said
Contractor (at the prices stated in the attached proposal where unit prices are used), the
value of all partially completed work at a fair and equitable price, and the amount of all
extra work performed at the prices agreed upon, or provided for by the terms of this
contract, and a reasonable sum to cover the cost of any provisions made by the Contractor
to carry the whole work to completion and that cannot be utilized. The Engineer shall then
make a final statement of the balance due the Contractor by deducting from the above
estimate all previous payments by the City and all other sums that may be retained by the
City under the terms of this agreement and shall certify same to the City who shall pay to
the Contractor on or before thirty (30) days after the date of the notification by the
Contractor the balance shown by said final statement as due the Contractor, under the
terms of this agreement.
gencond.mst/spec master GC -38
8. Subcontractors
8.01 Award of Subcontracts for Portions of the Work
Unless otherwise specified in the Contract Documents or in the Instructions to Bidders, the
Contractor, as soon as practicable after the award of the contract, shall furnish to the
Engineer in writing for acceptance by the City and the Engineer a list of the names of the
Subcontractors proposed for the principal portions of the work. The Engineer shall
promptly notify the Contractor in writing if either the City or the Engineer, after due
investigation, has objection to any Subcontractor on such list and does not accept him.
Failure of the City or the Engineer to make objection promptly to any Subcontractor on the
list shall constitute acceptance of such Subcontractor.
The Contractor shall not contract with any Subcontractor or any person or organization
(including those who are to furnish materials or equipment fabricated to a special design)
proposed for portions of the work designated in the Contract Documents or in the
Instructions to Bidders or, if none is so designated, with any Subcontractor proposed for
the principal portions of the work who has been rejected by the City and the Engineer. The
Contractor will not be required to contract with any Subcontractor or person or
organization against whom he has a reasonable objection.
If the City or the Engineer refuses to accept any Subcontractor or person or organization on
a list submitted by the Contractor in response to the requirements of the Contract
Documents or the Instructions to Bidders, the Contractor shall submit an acceptable
substitute and the contract amount shall be increased or decreased by the difference in cost
occasioned by such substitution and an appropriate change order shall be issued; however,
no increase in the contract amount shall be allowed for any such substitution unless the
Contractor has acted promptly and responsively in submitting for acceptance any list or
lists of names as required by the Contract Documents or the Instructions to Bidders.
If the City or the Engineer requires a change of any proposed Subcontractor or person or
organization previously accepted by them, the contract amount shall be increased or
decreased by the difference in cost occasioned by such change and an appropriate change
order shall be issued.
The Contractor shall not make any substitution for any Subcontractor or person or
organization who has been accepted by the City and the Engineer, unless the substitution is
acceptable to the City and the Engineer.
gencond.mst/spec master GC- 39
8.02 Subcontractual Relations
All work performed for the Contractor by a Subcontractor shall be pursuant to an
appropriate written agreement between the Contractor and the Subcontractor (and where
appropriate between Subcontractors and Sub - Subcontractors) which shall contain
provisions that:
(1) preserve and protect the rights of the City and the Engineer under the
contract with respect to the work to be performed under the subcontract so
that the subcontracting thereof will not prejudice such rights;
(2) require that such work be performed in accordance with the requirements of
the Contract Documents;
require submission to the Contractor of the applications for payment under
each subcontract to which the Contractor is a party, in reasonable time to
enable the Contractor to apply for payment in accordance with this contract;
(4) require that all claims for additional costs, extensions of time, damages for
delays or otherwise with respect to subcontracted portions of the work shall
be submitted to the Contractor (via any Subcontractor or Sub - Subcontractor
where appropriate) in sufficient time so that the Contractor may comply in
the manner provided in the Contract Documents for like claims by the
Contractor upon the City;
(3)
(5)
obligate each Subcontractor specifically to consent to the provisions of this
section.
A copy of all such subcontract agreements shall be filed by the Contractor with the
Engineer before the Subcontractor shall be allowed to commence work.
8.03 Payments to Subcontractors
The Contractor shall pay each Subcontractor, upon receipt of payment from the City, an
amount directly based upon the value of the work performed and allowed to the Contractor
on account of such Subcontractor's work, less the percentage retained from payments to the
Contractor. The Contractor shall also require each Subcontractor to make similar
payments to his subcontractors.
If the Engineer fails to approve a payment for any cause that is the fault of the Contractor
and not the fault of a particular Subcontractor, the Contractor shall pay the Subcontractor
on demand made at any time after the Certificate for Payment should otherwise have been
issued, for his work to the extent completed, less the retained percentage.
gencond.mst/spec master GC -
The Engineer may, on request and at his discretion, furnish to any Subcontractor, if
practicable, information regarding percentages of completion certified to the Contractor on
account of work done by such Subcontractors.
Neither the City nor the Engineer shall have any obligation to pay or to see to the payment
of any monies to such Subcontractor except as may otherwise be required.
9. Separate Contracts
9.01 City's Right to Award Separate Contracts
The City reserves the right to award other contracts in connection with other portions of
the project under these or similar conditions of the contract.
When separate contracts are awarded for different portions of the project, "the Contractor"
in the contract documents in each case shall be the Contractor who signs each separate
contract.
9.02 Mutual Responsibility of Contractors
The Contractor shall afford other contractors reasonable opportunity for the introduction
and storage of their materials and equipment and the execution of their work, and shall
properly connect and coordinate his work with theirs.
If any part of the Contractor's work depends for proper execution or results upon the work
of any other separate contractor, the Contractor shall inspect and promptly report to the
Engineer any apparent discrepancies or defects in such work that render it unsuitable for
such proper execution and results. Failure of the Contractor to so inspect and report shall
constitute an acceptance of the other contractor's work as fit and proper to receive his
work, except as to defects that may develop in the other separate contractor's work after the
execution of the Contractor's work.
Should the Contractor cause damage to the work or property of any separate contractor on
the project, the Contractor shall, upon due notice, settle with such other contractor by
agreement, if he will so settle. If such separate contractor sues the City or initiates an
proceeding allowed hereunder on account of any damage alleged to have been so
sustained, the City shall notify the Contractor who shall defend such proceedings at the
Contractor's expense, and if any judgment or award against the City arises therefrom, the
Contractor shall pay or satisfy it and shall reimburse the City for all attorney's fees and
court costs or other costs that the City has incurred.
gencond.mstlspec master GC -41
9.03 Cutting and Patching under Separate Contracts
The Contractor shall be responsible for any cutting, fitting and patching that may be
required to complete his work, except as otherwise specifically provided in the Contract
Documents. The Contractor shall not endanger any work of any other contractors by
cutting, excavating or otherwise altering any work and shall not cut or alter the work of
any other contractor except with the written consent of the Engineer.
Any costs caused by defective or ill -timed work shall be bome by the party responsible
therefore.
10. Protection of Persons and Property
10.01 Safety Precautions and Programs
The Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the work.
10.02 Safety of Persons and Property
The Contractor shall take all reasonable precautions for the safety of, and shall provide all
reasonable protection to prevent damage, injury, or loss to
(1) all employees on the work and all other persons who may be affected
thereby;
(2) all the work and all materials and equipment to be incorporated therein,
whether in storage or off the site, under the care, custody or control of the
Contractor or any of his Subcontractors or Sub - Subcontractors; and
other property at the site or adjacent thereto, including trees, shrubs, lawns,
walks, pavements, fences, roadways, structures and utilities not designated
for removal, relocation or replacement in the course of construction.
(3)
gencond.mst/spec master GC
The Contractor shall comply with all applicable laws, ordinances, rules,
regulations and lawful orders of any public authority having jurisdiction for the
safety of persons or property or to protect them from damage, injury or loss. He
shall erect and maintain, as required by existing conditions and progress of the
work, all reasonable safeguards for safety and protection, including posting
danger signs and other warnings against hazards, promulgating safety regulations
and notifying owners and users of adjacent utilities.
When the use or storage of explosives or other hazardous materials or equipment
is necessary for the execution of the work, the Contractor shall exercise the
utmost care and shall carry on such activities under the supervision of properly
qualified personnel.
All blasting, including methods of storing and handling explosives and highly
inflammable materials, shall conform to federal, state and local laws and
ordinances. All City ordinances shall be complied with even though some or all
of the blasting is done outside the City limits unless the applicable ordinance is in
conflict with the law of the jurisdiction where the action is being taken.
The following is a list of requirements in addition to federal, state, and local laws
and ordinances:
gencondmst/spec master
1. The Contractor shall furnish the City of Round Rock with a
Certificate of Blasting Insurance in the amount of $300,000.00 for
each contract at least twenty-four (24) hours prior to using
explosives. A blasting permit must be obtained from the City at
least five (5) days prior to use of explosives. If blasting is covered
under the Contractor's General Insurance Certificate for each
contract, a separate blasting certificate will not be required.
2. The following public utility companies and City departments will
be notified by the Contractor, on every occasion, at least twenty-
four (24) hours prior to the use of explosives: Water and
Wastewater, Electric, Gas, Telephone and the City Engineering
Department.
3. Explosive materials to be used shall be limited to blasting agents
and dynamite, unless prior approval of other materials is obtained
in writing from the Engineering Department.
4. During blasting, all reasonable precautions shall be taken to protect
pedestrians, passing vehicles, and public or private property.
Blasting mats or protective cover shall be used when required by
the City Inspector, the permit, or by safe blasting practices.
GC -4 3 Revised -2002
gencond.mst/spec master
5. All explosives shall be stored in accordance with Chapter 5,
Section 5.200, of the City Code.
6. The Director of Engineering or his representative shall have the
right to limit the use of explosives and/or blasting methods that in
his opinion are dangerous to the public or nearby property of any
kind.
7. The Contractor, at his expense, shall promptly repair or replace all
items known to be damaged as a result of blasting. All claims of
damage shall be investigated by the City of Round Rock or by
consulting firms approved by the City.
8. The Contractor shall maintain accurate records throughout the
blasting operations showing the type explosive used, number of
holes, pounds per hole, depth of hole, total pounds per shot, delays
used, date and time of blast and initials of the Inspector. The
Contractor is fully responsible for all claims resulting from his
blasting operation.
All damage or loss to any property referred to in this article caused in whole or in
part by the Contractor, any Subcontractor, any Sub - Subcontractor, or anyone
directly or indirectly employed by any of them, or by anyone for whose acts any
of them may be liable, shall be remedied by the Contractor, except damage or loss
attributable solely to faulty drawings or specifications or solely to the acts or
omissions of the City or the Engineer or anyone employed by either of them, and
not attributable in any degree to the fault or negligence of the Contractor.
The Contractor shall designate a responsible member of his organization at the
site whose duty shall be the prevention of accidents. This person shall be the
Contractor's superintendent unless otherwise designated in writing by the
Contractor to the City and the Engineer.
10.03 Location and Protection of Utilities
Notwithstanding any other provision of this contract, the Contractor shall be
solely responsible for the Location and protection of any and all public utility lines
and utility customer service lines in the work area. The Contractor shall exercise
due care to locate and to mark, uncover or otherwise protect all such lines in the
construction zone and any of the Contractor's work or storage areas. Upon
request, the City shall provide such information as it has about the location and
grade of water, sewer, gas, and telephone and electric lines and other utilities in
the work area, but such information shall not relieve or be deemed to be in
satisfaction of the Contractor's obligation hereunder, which shall be primary and
GC 4 Revised -2002
non - delegable. Any such lines damaged by the Contractor's operations shall be
immediately repaired by the Contractor or he shall cause such damage to be
repaired at his expense.
11. Termination
11.01 Termination by City for Cause
Conditions for termination are as follows:
Without prejudice to any other legal or equitable right or remedy that it would
otherwise possess hereunder or as a matter of law, the City shall be entitled by
giving Contractor five (5) days prior written notice to terminate this contract in
its entirety at any time:
1. If the Contractor becomes insolvent, voluntarily files for bankruptcy, is the
subject of an involuntary petition for bankruptcy commenced by its
creditors, makes a general assignment for the benefit of creditors or
becomes the subject of any other proceeding commenced under any statute
or law for the relief of debtors; or
2. If a receiver trustee or liquidator of any of the property or income of
Contractor shall be appointed; or
3. If Contractor
a. shall fail to prosecute the work or any part thereof with diligence
necessary to insure its progress and completion as prescribed by
the time schedules; and Shall fail to take such steps to remedy such
default within ten (10) days after written notice thereof from City;
or
4. If Contractor
a. shall fail for any reason other than the failure by City to make
payments called upon when due, and
b. shall fail to take such steps to remedy such default within ten (10)
days after written notice thereof from City; or
5. If Contractor
a. shall commit a substantial default under any of the terms,
provisions, conditions, or covenants contained herein; or
b. shall fail to take such steps to remedy such default within ten (10)
days after written notice thereof from City; or
c. in the event of such termination, the Contractor shall only be paid
its reimbursable costs incurred prior to the effective date of the
termination notice and shall not be entitled to receive any further
fixed fee payments hereunder and shall be further subject to any
claim City may have against the Contractor under other provisions
of this agreement or as a matter of law, including the refund of any
overpayment of reimbursable costs and/or fixed fee.
gencond.mst/spec master
GC-45 Revised -2002
If this Contract is terminated for cause, the City shall have the right but shall not
be obligated to complete the work itself or by others; and to this end, the City
shall be entitled to take possession of and use such equipment and materials as
may be on the job site, and to exercise all rights, options, and privileges of the
Contractor under its subcontracts, purchase orders, or otherwise; and the
Contractor shall promptly assign such rights, options and privileges to the City.
If the City elects to complete the work itself or by others, pursuant to the
foregoing, the Contractor will reimburse the City for all costs incurred by the
City (including, without limitation, applicable, general, and administrative
expenses, and field overhead, and the cost of necessary equipment, materials,
and field labor) in correcting work by Contractor that fails to meet contract
requirements.
Nothing contained in the preceding sections shall require the City to pay for any
work that is unsatisfactory as determined by the Director or that is not submitted
in compliance with the terms of this Contract. The City shall not be required to
make any payments to the Contractor when the Contractor is in default under
this Contract, nor shall this Article constitute a waiver of any right, at law and at
equity, which the City may have if the Contractor is in default, including the
right to bring legal action for damages or to force specific performance of this
Contract.
11.02 Termination for Convenience
In connection with the work outlined in the Contract, it is agreed and fully
understood by the Contractor that the City may cancel or indefinitely suspend
further work hereunder or terminate this Contract either for cause as outlined
above, or for the convenience of the City, upon fifteen (15) days written notice to
Contractor, with the understanding that immediately upon receipt of said notice
all work and labor being performed under this Contract shall cease. The
Contractor shall invoice the City for all work satisfactorily completed and shall be
compensated in accordance with the terms of this Contract for work accomplished
prior to the receipt of said notice. No amount shall be due for lost or anticipated
profits.
After receipt of a notice of termination and acceptance otherwise directed by the
City, the Contractor shall, in good faith, and to the best of his ability, do all things
necessary, in the light of such notice and of such request and implementation
thereof as the City may make to ensure the efficient proper closeout of the
terminated work (including the protection of City property). Among other things,
the Contractor shall, except as otherwise directed or approved by the City:
1. Stop the work on the date and to the extent specified in the notice of
termination.
gencond.mst/spec master
GC - 6 Revised -2002
2. Place no further orders for subcontracts for services, equipment or
materials, except as may be necessary for completion of such portion of
the work as is not terminated.
3. Terminate all orders and subcontracts to the extent that they relate to the
performance of the work ternnated by the notice of termination.
4. Assign to the City, in the manner and to the extent directed by it, al right
title, and interest of the Contractor under the orders or subcontracts so
terminated; in which case, the City shall have the right to settle or pay any
or all claims arising out of such termination of such orders and/or
subcontracts.
5. With the approval of the City, settle all outstanding liabilities and all
claims arising out of such termination or orders and subcontracts.
6. Deliver to the City all documents, property, plans, field surveys, maps,
cross sections and other data, designs and work related to the Project, all
of which shall become the property of the City upon termination of this
Contract, in a reasonably organized form, without restriction on future use.
Should the City subsequently contract with a new contractor for
continuation of services under this Project, the Contractor shall cooperate
in providing information.
7. In the event of such termination, no cost incurred after the effective date of
the notice of termination shall be treated as a reimbursable cost unless it
relates to carrying out the un- terminated portion or taking closeout
measures.
gencond.mst/spec master
GC-4 7 Revised -2002
specondinsUspers
5.0 SPECIAL CONDITIONS
SC-1
1
SECTION 01- INFORMATION
01.01 ENGINEER
The word "Engineer" in these Specifications shall be understood as referring to the City
' of Round Rock (The "City "), 221 East Main Street, Round Rock, Texas 78664,
Engineer of the City, or the Engineers authorized representative to act in any particular
position for the City.
' 01 - 02 COPIES OF PLANS AND SPECIFICATIONS FURNISHED
The Agreement will be prepared in not less than five (5) counterpart (original signed)
sets. The City will fumish Contractor two (2) sets of conforming Contract Documents
and Specifications and four (4) sets of Plans free of charge, and additional sets will be
obtained from the Engineer at commercial reproduction rates plus 20% for handling.
01 - 03 GOVERNING CODES
All construction as provided for under these Plans and Specifications shall be governed
by any existing Resolutions, Codes and Ordinances, and any subsequent amendments
or revisions thereto as set forth by the City.
1 01 - 04 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME
' The Contractor agrees that time is of the essence for this Contract and that the definite
value of damages which would result from delay would be incapable of ascertainment
' and uncertain, so that for each day of delay beyond the number of days herein agreed
upon for the completion of the work herein specified and contracted for, after due
allowance for such extension of time as is provided for under the provisions of Section
' 4.02 of the General Conditions, the City may withhold permanently from the
Contractor's total compensation, not as penalty but as liquidated damages, the sum
' of $250.00 per calendar day.
01-05 LOCATION
1 The location of work shall be as mentioned in the Notice to Bidders and as indicated
on Plans.
1
' weconthnsuve. SC -2
01-06 USAGE OF WATER
The City shall provide all water used during construction. The City shall specify the
location from which the Contractor is to procure water. The Contractor shall be
responsible for providing all apparatus necessary for procuring, storing, transporting
and using water during construction. The Contractor shall strive to use that amount of
water which is reasonable to perform the work associated with this contract and shall
endeavor to avoid excessive waste. The Contractor will be required to pay for all water
used if it is found that unnecessary or excessive waste is occurring during construction.
01 - 07 PAY ESTIMATES
If pay estimates from the Contractor are not received by the Engineer on or before the
time specified in Section 5.04 of the General Conditions, then the pay estimate will not
be processed and will be retumed to Contractor.
SECTION 02- SPECIAL CONSIDERATIONS
02 -01 CROSSING UTILITIES
Prior to commencing the work associated with this contract, it shall be the Contractor's
responsibility to make arrangements with the Owners of such utility companies to
uncover their particular utility lines or otherwise confirm their location. Certain utility
companies perform such services at their own expense, however, where such is not
the case, the Contractor will cause such work to be done at his own expense.
02 - 02 UTILITY SERVICES FOR CONSTRUCTION
The Contractor will be responsible for providing his own utility services while performing
the work associated with this contract. No additional payment will be made for this
item.
02-03 GUARANTEES
The Contractor warrants the materials and workmanship and that the work is in
conformance with the plans and specifications included in this contract for the period
that the Warranty Bond, as outlined in Section 04 of the Special Conditions, is in effect.
Upon notice from The City, the Contractor shall repair defects in all construction or
materials that develop during specified period and at no cost to The City. Neither final
acceptance, Certificate of Completion, final payment nor any provision in Contract
Documents relieves Contractor of above guarantee. Notice of observed defects will be
SC-3
1
1
given with reasonable promptness. Failure to repair or replace defect upon notice
' entitles The City to repair or replace same and recover reasonable cost thereof from
Contractor.
02 - 04 MINIMUM WAGE SCALE
' Contractors are required to pay prevailing wage rates to laborers, workmen and
mechanics employed on behalf of the City engaged in the construction of public works.
The wage rate for these jobs shall be the general prevailing wage rates for work of a
similar character. This applies to Contractors and Subcontractors. The Contractors
and Subcontractors shall keep and make available records of workers and their wages.
Contractors and Subcontractors shall pay the prevailing wage rates as adopted by the
City. There is a statutory penalty of $60.00 per worker per day or portion of a day that
the prevailing wage rate is not paid by the Contractor or any Subcontractor.
1 02-05 LIMIT OF FINANCIAL RESOURCES
The City has a limited amount of financial resources committed to this Project;
therefore, it shall be understood by all bidders that the City may be required to change
and /or delete any items which it may feel is necessary to accomplish all or part of the
scope of work within its limit of financial resources. Contractor shall be entitled to no
claim for damages or anticipated profits on any portion of work that may be omitted.
' At any time during the duration of this contract, the City reserves the right to omit any
work from this contract. Unit prices for all items previously approved in this contract
' shall be used to delete or add work per change order.
02-06 CONSTRUCTION REVIEW
1 The City shall provide a project representative to review the quality of materials and
workmanship.
1 02-07 LIMITS OF WORK AND PAYMENT
It shall be the obligation of the Contractor to complete all work included in this Contract,
so authorized by the City, as described in the contract documents and technical
' specifications. All items of work not specifically paid for in the bid proposal shall be
included in the unit price bids. Any question arising as to the limits of work shall be left
up to the interpretation of the Engineer.
1
1 syeomd.rsuspecs SC-4
02.08 PAYMENT FOR MATERIALS ON HAND
The City will not pay for materials on hand. Payment will be made for work completed
in accordance with the monthly estimate procedure stipulated in the General Conditions
of the Agreement.
02.09 "AS- BUILT" DRAWINGS
The Contractor shall mark all changes and revisions on all of his copies of the working
drawings during the course of the Project as they occur. Upon completion of the
Project and prior to final acceptance and payment, the Contractor shall submit to the
Engineer one set of his working drawings, dated and signed by himself and his project
superintendent and labeled as "As- Built ", that shows all changes and revisions outlined
above and that shows field locations of all above ground appurtenances including but
not limited to valves, fire hydrants and manholes. These as -built drawings shall
become the property of the City. Each appurtenance shall be located by at least two
(2) horizontal distances measured from existing, easily identifiable, immovable
appurtenances such as fire hydrants or valves. Property pins can be used for as -built
tie -ins provided no existing utilities as previously described are available. Costs for
delivering as -built drawings shall be subsidiary to other bid items.
02.10 LAND FOR WORK
The City provides, as indicated on Drawings, land upon which work is to done, right -of -
way for access to same and such other lands that are designated for the use of the
Contractor. Contractor provides, at his expense and without liability of The City, any
additional land and access thereto that may be required for his construction operations,
temporary construction facilities, or for storage of materials.
02.11 DEVIATIONS OCCASIONED BY UTILITY STRUCTURES
Whenever existing utilities, not indicated on Plans, present obstructions to grade and
alignment of proposed improvements immediately notify engineer, who without delay,
will determine if existing utilities are to be relocated, or grade and alignment of
proposed improvements changed. Where necessary to move existing services, poles,
guy wires, pipelines, etc., as determined by the Engineer, the Contractor will make
arrangements with the owner of the utility to be moved and have it moved. The costs
of any utility relocation will be at the Contractor's sole expense. The City will not be
liable for relocations costs or damages on account of delays due to changes made by
owners of privately owned utilities which hinder progress of the work.
SC-5
02 -12 CONSTRUCTION STAKING
SECTION 05- INSURANCE
All construction staking required to complete the work associated with this contract
should be provided by the Contractor. The Contractor shall be responsible for
determining the layout and extent of staking necessary to construct the improvements
to the lines and grades shown in the Plans. This item shall not be paid for separately
and shall be considered subsidiary to other bid items.
SECTION 03- TRAFFIC CONTROL
Access shall be provided for residents and emergency vehicles at all times. When it
becomes necessary to restrict access, the Contractor shall notify all applicable
agencies (i.e. Fire Department, E.M.S., Public Works, etc.). At the end of each day two
lanes of traffic shall be opened to the public. The Contractor shall be responsible for
all maintenance, signing and safety precautions necessary for traffic control. This item
shall be considered subsidiary to the bid item, Traffic Control, and no additional
compensation shall be given for complying with this Special Condition.
SECTION 04 BOND
Per City of Round Rock Ordinances, a two (2) year Warranty Bond naming the City of
Round Rock as obligee will be required for public streets constructed without lime
stabilization of sub grade material when the Plasticity Index of the sub grade is above
20. A one (1) year Warranty Bond naming the City of Round Rock as obligee will be
required for all other construction. Warranty Bond shall remain in effect for one (1) year
or two (2) years, as applicable, from date of City of Round Rock acceptance of
improvements. Such bonds shall be from an approved surety company holding a
permit from the State of Texas to act as surety or other surety or sureties acceptable
to the City prior to final payment.
Section 3.18 of the General Conditions of the Agreement is hereby amended to include
the following:
3.18 Insurance
Contractor shall carry insurance in the following types and amounts for the duration of
this Contract, which shall include items owned by The City in care, custody and control
SC-6
speoontraWspecs
of Contractor prior and during construction and warranty period, and fumish Certificates
of Insurance along with copies of policy declaration pages and all policy endorsements
as evidence thereof:
a. Statutory Workers Compensation and minimum $100,000 Employers Liability
Insurance.
b. Commercial General Liability Insurance with minimum limits of $500,000 per
occurrence and $1,000,000 Aggregate or $500,000 for this designated project
and $100,000 Fire Damage.
c. Automobile Liability Insurance for all owned, nonowned and hired vehicles with
minimum limits for Bodily Injury of $250,000 for each person and $500,000 for
each occurrence and Property Damage limits of $100,000 or Combined Single
Limit of $600,000.
d. On all new or remodeling building projects: All Risk Builders Risk Insurance for
insurable building projects shall be insured in the amount of the contract price
for such improvements. The City and Contractor waive all rights against each
other for damages caused by fire or other perils to the extent covered by
Builders Risk Insurance required under this section, except as to such rights as
they may have in the proceeds of such insurance. Contractor shall require
similar waivers by Subcontractors and Sub - subcontractors.
e. Owner's and Contractors Protective Policy. The Contractor shall provide and
maintain during the life of this contract and until all work under said contract
has been completed and accepted by the City, an Owners and Contractor's
Protective Policy which co- insures the Owner and the Owner's agents and
employees with the same Commercial General Liability coverage as described
above, entitled "Commercial General Liability Insurance."
When offsite storage is permitted, policy will be endorsed for transit and offsite storage
in amounts sufficient to protect property being transported or stored.
This insurance shall include, as insured, City of Round Rock, Contractor,
Subcontractors and Sub - subcontractors in the work, as their respective interest may
appear.
If insurance policies are not written for amount specified in b. and c. above, Contractor
is required to carry an Excess Liability Insurance Policy for any difference in amounts
specified.
SC-7
Epexatmstispecs
Contractor shall be responsible for deductibles and self - insured retentions, if any,
stated in policies. Any self- insured retention shall not exceed ten percent of minimum
required limits. All deductibles or self - insured retentions shall be disclosed on
Certificate of Insurance required above.
Contractor shall not commence work at site under this Contract until he has obtained
required insurance and until The City's Contract Administration Office has reviewed
such insurance. Contractor shall not allow any Subcontractors to commence work until
insurance required has been obtained and approved. Approval of insurance by The
City shall not relieve or decrease liability of Contractor hereunder.
Insurance to be written by a company licensed to do business in the State of Texas at
the time policy is issued and acceptable to the City.
Contractor shall produce an endorsement to each effected policy:
1. Naming City of Round Rock, 221 East Main Street, Round Rock, Texas 78664
as additional insured (except Workers' Compensation and Builders Risk).
2. That obligates the insurance company to notify City Secretary, City of Round
Rock, 221 East Main Street, Round Rock, Texas 78664 of any and all changes
to policy 30 days prior to termination, cancellation, reduction, or material
change of coverage.
3. That the "other" insurance clause shall not apply to the City where City of
Round Rock is an additional insured shown on policy. It is intended that
policies required in this agreement, covering both The City and Contractor,
shall be considered primary coverage as applicable.
Contractor shall not cause any insurance to be canceled nor permit any insurance to
lapse during term of this Contract or as required in the Contract.
If Contractor is underwritten on a daim -made basis, the retroactive date shall be prior
to, or coincident with, the date of this Contract and the Certificate of Insurance shall
state that coverage is claims made and also the retroactive date. Contractor shall
maintain coverage for duration of this Contract and for two years following completion
of this Contract.
Contractor shall provide the City annually a Certificate of Insurance as evidence of such
SC-8
insurance. It is further agreed that Contractor shall provide The City a 30 day notice
of aggregate erosion, an advance of the retroactive date, cancellation and/or renewal.
It is also agreed that Contractor will invoke the tail option at request of Owner and the
Extended Reporting Period (ERP) premium shall be paid by Contractor.
Owner reserves the right to review insurance requirements of this section during
effective period of the Contract and to make reasonable adjustments to insurance
coverages and their limits when deemed necessary and prudent by Owner based upon
changes in statutory law, court decisions or the claims history of the industry as well
as Contractor.
Owner shall be entitled, upon request, and without expense, to receive copies of
policies and all endorsements thereto and may make any reasonable requests for
deletion or revision or modification of particular policy terms, conditions, limitations or
exclusions, except where policy provisions are established by law or regulation binding
upon either of the parties hereto or the underwriter on any of such policies.
Contractor shall pay actual losses not covered by insurance as required by the section.
SC-9
1
1
SECTION 06- WAGE RATES
1 General Decision NumberTX000043
Superseded General Decision No. TX990043
State: TEXAS
' Construction Type:
HEAVY
HIGHWAY
' County(ies):
BELL CORYELL TRAVIS
BEXAR GUADALUPE WILLIAMSON
BRAZOS HAYS
COMAL MCLENNAN
Heavy (excluding tunnels and dams) and Highway Construction Projects (does not include building structures
' in rest area projects). NOT TO BE USED FOR WORK ON SEWAGE OR WATER TREATMENT PLANTS OR
LIFT/PUMP STATIONS IN BELL, CORYELL, McLENNAN AND WILLIAMSON COUNTIES.
I Modification Number
0 Publication Date
02/11/2000
I County(ies):
BELL CORYELL TRAVIS
BEXAR GUADALUPE WILLIAMSON
1 BRAZOS HAYS
COMAL MCLENNAN
' SUTX2042A 03/2611998
Rates Fringes
AIR TOOL OPERATOR 8.08
' ASPHALT HEATER OPERATOR 11.00
ASPHALT RAKER 8.00
ASPHALT SHOVELER 7.97
'
BATCHING PLANT WEIGHER 11.00
CARPENTER 10.80
CONCRETE FINISHER - PAVING 9.57
'
CONCRETE FINISHER- STRUCTURES 8.83
CONCRETE RUBBER 8.52
' ELECTRICIAN 16.25
' cpeomm SC-10
1
Rates
FLAGGER 6.86
FORM BUILDER - STRUCTURES 8.77
FORM LINER - PAVING & CURB 8.00
FORM SETTER- PAVING & CURB 8.68
FORM SETTER- STRUCTURES 8.73
LABORER- COMMON 7.12
LABORER- UTILITY 7.99
MECHANIC 12.15
OILER 11.40
SERVICER 8.44
PAINTER - STRUCTURES 10.00
PIPE LAYER 8.27
ASPHALT DISTRIBUTOR OPERATOR 9.70
ASPHALT PAVING MACHINE 9.26
BROOM OR SWEEPER OPERATOR 7.12
BULLDOZER 9.28
CONCRETE CURING MACHINE 7.79
CONCRETE FINISHING MACHINE 11.00
CONCRETE PAVING SAW 9.79
SLIPFORM MACHINE OPERATOR 11.15
CRANE, CLAMSHELL, BACKHOE,
DERRICK, DRAGLINE, SHOVEL 10.12
FOUNDATION DRILL OPERATOR
TRUCK MOUNTED 15.00
FRONT END LOADER 8.86
HOIST - DOUBLE DRUM & LESS 10.81
MIXER 7.12
MIXER - CONCRETE PAVING 11.00
MOTOR GRADER FINE GRADE 12.37
MOTOR GRADER 11.14
PAVEMENT MARKING MACHINE 8.31
PLANER OPERATOR 15.75
ROLLER, STEEL WHEEL PLANT -MIX
PAVEMENTS 7.73
ROLLER, STEEL WHEEL OTHER
FLATWHEEL OR TAMPING 7.33
ROLLER, PNEUMATIC, SELF PROPELLED 7.17
SCRAPERS 8.38
TRACTOR- CRAWLER TYPE 9.40
TRAVELING MIXER 7.92
TRENCHING MACHINE, HEAVY 9.92
WAGON-DRILL/BORING MACHINE 8.00
SC -11
Fringes
Rates
REINFORCING STEEL SETTER PAVING 14.50
REINFORCING STEEL SETTER
STRUCTURES 10.61
STEEL WORKER - STRUCTURAL 11.73
SPREADER BOX OPERATOR 8.55
WORK ZONE BARRICADE 8.29
SIGN INSTALLER 7.97
TRUCK DRIVER - SINGLE AXLE LIGHT 8.32
TRUCK DRIVER - SINGLE AXLE HEAVY 7.954
TRUCK DRIVER - TANDEM AXLE SEMI
TRAILER 8.02
TRUCK DRIVER - LOWBOY /FLOAT 10.12
WELDER 11.02
1.)
Unlisted classifications needed for work not included within the scope of the classifications listed may be added
after award only as provided in the labor standards contract clauses (29 CFR t 5.5(a) 1 (ii))
WAGE DETERMINATION APPEALS PROCESS
Fringes
Has there been an initial decision in the matter? This can be:
• an existing published wage determination
• a survey underlying a wage determination
• a Wage and Hour Division letter setting forth a position on a wage determination matter
• a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of surveys, should be with the
Wage and Hour Regional office for the area in which the survey was conducted
because those Regional offices have responsibility for the Davis -Bacon survey program. If the response from
this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact should be with
the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).
Write to:
SC-12
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
The request should be accompanied by a full statement of the interested party's position and by any
information (wage payment data, project description, area practice material, etc.) that the requestor considers
relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the
Administrative Review Board (formerly the Wage Appeals Board). Write to:
4.) All decisions by the Administrative Review Board are final.
Administrative Review Board
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
END OF GENERAL DECISION
SC-13
CLASSIFICATION
Rate
Health
Pension
Vacation
Total Wage
ASBESTOS WORKER
58.78
50.00
50.00
$0.00
58.78
CARPENTER
$15.52
31.57
$0.97
$0.00
$18.06
CARPET LAYER/FLOORING INSTALLER
58.00
50.00
50.00
$0.00
58.00
CONCRETE FINISHER
510.27
50.00
50.00
$0.00
510.27
DATA COMMUNICATIOWTELECOM INSTALLER
512.08
$0.76
50.50
50.05
513.39
DRYWALL INSTALLER/CEILING INSTALLER
$10.91
50.00
$0.00
50.00
$10.91
ELECTRICIAN
$17.44
$2.16
$1.05
31.05
$21.70
ELEVATOR MECHANIC
516.75
$3.85
$2.19
51.50
524.29
FIRE PROOFING INSTALLER
$8.00
$0.00
50.00
$0.00
$8.00
GLAZIER
$13.60
$2.24
$1.15
$0.54
$17.53
HEAVY EQUIPMENT OPERATOR
510.56
50.00
50.00
$0.00
510.56
INSULATOR
513.75
51.16
50.92
50.03
515.86
IRON WORKER
$12.18
$0.00
50.00
$0.00
512.18
LABORER/HELPER
$7.48
$0.02
$0.00
$0.00
$7.50
LATHER/PLASTERER
512.50
$0.00
50.00
50.00
512.50
LIGHT EQUIPMENT OPERATOR
57.75
$0.00
50.00
50.00
57.75
MASON
$16.00
$0.00
$0.00
$0.00
$16.00
METAL BUILDING ASSEMBLER
511.00
50.62
$0.00
$0.34
$11.96
MILLWRIGHT
515.91
51.63
51.00
50.00
518.54
PAINTERIWALL COVERING INSTALLER
58.00
50.00
$0.00
50.00
$8.00
PIPEFITTER
$18.10
$1.42
51.80
50.00
$21.32
PLUMBER
$12.68
$0.00
50.00
50.00
$12.68
ROOFER
510.00
50.00
$0.00
50.00
510.00
SHEET METAL WORKER
518.40
52.39
$2.55
50.33
523.67
SPRINKLER FITTER
$18.25
$3.40
52.20
$0.00
$23.85
TERRAllO WORKER
$0.00*
$0.00
50.00
$0.00
50.00*
TILE SETTER
515.00
$0.32
50.00
50.00
515.32
WATERPROOFERICAULKER
510.64
50.00
$0.00
50.00
510.64
1
1
1
1
1
1
1
1
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COUNTY NAME: WILLIAMSON
PREVAILING WAGE RATE DETERMINATION
BUILDING CONSTRUCTION TRADES
SC-14
Date Printed: Apr1I 15,1997
*$0.00 in the rate field indicated insufficient data was received to determine a prevailing wage rate for this classification.
Govemment Code Title 10, Sec. 2258.023, paragraph C state: "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
in Section 2258.022.
(Property of General Services Commission, Based on 1996 Survey results)
6.0 TECHNICAL SPECIFICATIONS
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ITEM 1 GENERAL DESCRIPTION
1 1.01 SCOPE OF WORK
1 The work covered by these Specifications consists of fumishing all labor, equipment,
appliances, materials and performing all operations in connection with the inspection
' and testing, complete in accordance with the Plans, and subject to the terms and
conditions of the Contract Documents.
1 1.02 GOVERNING TECHNICAL SPECIFICATIONS
NOTE: The item number designation shown in parentheses adjacent to captions herein
1 is a reference to City of Austin Standard Specifications.
' STREET, WATER, SEWER AND DRAINAGE IMPROVEMENTS
The current City of Austin Standard Specifications as adopted and amended by the City
1 of Round Rock and the current City of Austin Erosion and Sedimentation Control
Manual are hereby referred to and included in this contract as fully and to the same
extent as if copied at length herein and they shall be applied to this project except as
modified in these Specifications and on the Plans.
Wherever the term "City of Austin" is used in the Austin Specifications, it shall be
1 construed to mean the City of Round Rock.
1 Wherever the term "Engineer" is used in the Austin Specifications, it shall be construed
to mean the City of Round Rock.
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techsperanstispecmaster 1
TS -2 mod - 712002
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ITEM 2 CONTROL OF WORK
2.01 CLEAN-UP
2.01.1 CONSTRUCTION SITE
2.01.2 BACKWORK
2.02 GRADING
During construction the Contractor shall keep the site free and clean from all rubbish
and debris and shall clean - up the site promptly when notified to do so by the Engineer.
The Contractor shall, at his own expense, maintain the streets and roads free from
dust, mud, excess earth or debris which constitutes a nuisance or danger to the public
using the thoroughfare, or the occupants of adjacent properties.
Care shall be taken to prevent spillage on streets and roads over which hauling is done,
and any such spillage or debris deposited on streets, due to the Contractor's
operations, shall be immediately removed.
The Contractor shall coordinate his operations in such a manner as to prevent the
amount of clean -up and completion of back works from becoming excessive. Should
such a condition exist, the Engineer may order all or portions of the work to cease and
refuse to allow any work to commence until the back work is done to the Engineer's
satisfaction.
The Contractor shall do such grading in and adjacent to the construction area
associated with this contract as may be necessary to leave such areas in a neat and
satisfactory condition approved by the Engineer.
ITEM 3 EXAMINATION AND REVIEW
3.01 EXAMINATION OF WORK
The work covered under this Contract shall be examined and reviewed by the
Engineer, representatives of all govemmental entities which have jurisdiction, and the
City's authorized representative. The quality of material and the quality of installation
of the improvements shall be to the satisfaction of the Engineer. It shall be the
ma,rsu., TS-3 Revised -rnoo2
Contractors responsibility for the construction methods and safety precautions in the
undertaking of this Contract.
3.02 NOTIFICATION
3.03 CONSTRUCTION STAKING
The Engineer and City must be notified a minimum of 24-hours in advance of beginning
construction, testing, or requiring presence of the Engineer, project representative, or
City's representative.
The Engineer shall fumish the Contractor reference points and benchmarks that, in the
Engineer's opinion, provide sufficient information for the Contractor to perform
construction staking.
3.04 PROTECTION OF STAKES, MARKS, ETC.
All engineering and surveyor's stakes, marks, property comers, etc„ shall be carefully
preserved by the Contractor, and in case of destruction or removal during the course
of this project, such stakes, marks, property comers, etc., shall be replaced by the
Contractor at the Contractor's sole expense.
, TS-4
Revised •7(2002
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ITEM 4 PROTECTION AND PRECAUTION
4.01 WORK IN FREEZING WEATHER
Portions of the work may continue as directed by the Engineer.
4.02 PROTECTION OF TREES, PLANTS AND SHRUBS
' The Contractor shall take necessary precautions to preserve all existing trees, plants
and shrubs but where it is justifiable and necessary the Contractor may remove trees
and plants for construction right -of -way but only with approval of the Engineer.
' 4.03 TRAFFIC CONTROL MEASURES AND BARRICADES
1 Traffic control measures and barricades shall be installed in accordance with the Texas
Manual of Uniform Traffic Control Devices and in other locations deemed necessary
t by the Engineer, for the protection life and property. Under no circumstances will any
existing road be permitted to remain closed over a weekend. No separate pay will be
made for this item. Costs for this item shall be subsidiary to other items of work.
1 4.04 PROPERTY LINES AND MONUMENTS
1 The Contractor shall be responsible for the protection, reference and resetting of
property corner monuments if disturbed.
1 4.05 DISPOSAL OF SURPLUS MATERIAL
The Contractor shall at his own expense, make arrangement for the disposal of surplus
material, such as rock, trees, brush and other unwanted backfill materials.
1 4.06 CONTRACTORS USE OF PREMISES
1 The Contractor shall, at his own expense, provide additional space as necessary for
his operations and storage of materials.
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ITEM 5 MATERIALS
5.01 TRADE NAMES
Except as specified otherwise, wherever in the specifications an article or class of
material is designated by a trade name or by the name or catalog number of any
maker, patentee, manufacturer, or dealer, such designations shall be taken as
intending to mean and specify the articles described or another equal thereto in quality,
finish, and serviceability for the purpose intended, as may be determined and judged
by the Engineer in his sole discretion.
5.02 MATERIALS AND WORKMANSHIP
ledtspecrnsuspec•master
No material which has been used by the Contractor for any temporary purpose
whatever is to be incorporated in the permanent structure without the written consent
of the Engineer. Where materials or equipment are specified by a trade or brand name,
it is not the intention of the City to discriminate against an equal product of another
manufacturer, but rather to set a definite standard of quality for performance, and to
establish an equal basis for the evaluation of bids. Where the words "equivalent ",
"proper" or "equal to" are used, they shall be understood to mean that the item referred
to shall be "proper", the "equivalent" of, or "equal to' some other item, in the opinion or
judgment of the Engineer. Unless otherwise specified, all materials shall be the best
of their respective kinds and shall be in all cases fully equal to approved samples.
Notwithstanding that the words "or equal to" or other such expressions may be used
in the specifications in connection with a material, manufactured article or process, the
material, article or process specifically designated shall be used, unless a substitute
is approved in writing by the Engineer, and the Engineer will have the right to require
the use of such specifically designated material, article or process.
TS-6
Revised -7/2002
7.0 PLANS, DETAILS AND NOTES
PLAN SHEET
RESOLUTION NO. R- 02- 11- 14 -13B3
WHEREAS, the City of Round Rock has duly advertised for bids for
the installation of a traffic signal at FM 3406 and Plantation Drive,
and
WHEREAS, Austin Traffic Signal Construction has submitted the
lowest responsible bid, and
WHEREAS, the City Council wishes to accept the bid of Austin
Traffic Signal Construction, 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 Austin Traffic Signal Construction for
the installation of a traffic signal at FM 3406 and Plantation Drive.
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 14th day of November, 2002.
A EST:
CHRISTINE R. MARTINEZ, City Secreta
I sOrMn\ woumz \o1 \wooz \k2SOLUTI \nzui4s3.WPD /ac
WELL, Mayor
City of Round Rock, Texas
10/23/2002 WED 09:42 FAX
•
WHM Transportation Engineering Consultants, Inc.
C. Michael Walton, PhD., P.E. Mike Mcinturff, P.E., FTOE
October 23, 2002
Mr. Tom Word
Traffic Engineer
City of Round Rock
2008 Enterprise Drive
Round Rock, TX 78664
Subject FM 3406 and Plantation Drive Signal Design
Dear Mr. Word:
Randy B. Machemehl, PhD., P.E.
WHM has received the following Bid Form from your office for the above referenced project. Following
are our evaluation comments for this bid:
Austin Traffic Signal Construction
• AU required documents were signed and dated as indicated within the Instructions to Bidders.
• A Bid Bond in the amount of 5 percent of the total maximum bid price was included within the bid
package.
• The total bid amount was S154,731.75
It should be noted that the original estimate for this signal installation was 5160,019.32 and the Austin
Traffic Signal Construction bid was below this original estimate. After review of the Austin Traffic Signal
Construction bid package, it is recommended that this bid package be accepted.
Please call Heidi Ross or me if you have any questions.
Sincerely,
e�c,t L9 t
Rebecca Bray Wood, P.
Project Engineer
Enclosure
2717 Rio Grande Street Austin, Texas 78705 Phone • 512/473 -8343 FAX • 512/473 -8237
1 002/00
Traffic Signal for Plantation Dr and FM 3406
ROUND ROCK. o< y,1
DATE: November 7, 2002
SUBJECT: City Council Meeting — November 14, 2002
ITEM: 13.B.3. Consider a resolution authorizing the Mayor to execute a
contract with Austin Traffic Signal Construction for the
installation of a traffic signal at FM 3406 and Plantation
Drive.
Resource: Jim Nuse, Chief of Operations /Assistant City Manager
Tom Word, Director of Transportation Services
Bill Stablein, Transportation Engineering Assoc.
History: WHM Transportation Engineering Consultants, Inc. has put together a
traffic signal design and bid package at the City's request for the 3406 and
Plantation Drive intersection. Only one bid was received and opened on
October 1, 2002. Austin Traffic Signal Construction Company, L.P.,
submitted a bid of $154,731.75. Staff recommends approval.
Funding:
Cost: $154,731.75
Source of funds: Capital Project Funds - 2002 GO Bond
Outside Resources: WHM Transportation Engineering Consultants, Inc.
Austin Traffic Signal
Impact: Increased mobility and egress from Plantation Drive to 3406.
Benefit: Better, Safer, and more efficient traffic flow through the intersection.
Public Comment: N/A
Sponsor: N/A