HomeMy WebLinkAboutRes 2013-05-04 - Contract SCADA System modification.pdfCITY OF ANNA, TEXAS
RESOLUTION NO. 2013-05-04
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A CONTRACT FOR
THE PURCHASE AND INSTALLATION OF SCADA SYSTEM MODIFICATIONS
WHEREAS, the City Council of the City of Anna, Texas (the "City Council) has
previously approved a contract for the South Well Surface Water Line Project which will
allow the City to begin blending treated surface water with ground water; and
WHEREAS, as part of the South Well Surface Water Line Project, the City needs to
make modifications to the Supervisory Control and Data Acquisition (SCADA) system
that will allow City and the Greater Texoma Utility Authority (GTUA) to remotely monitor
and operate the new surface water take point; and
WHEREAS, the City's financial policy requires that all purchases above $50,000 be
purchased under formal competitive sealed bidding rules or as otherwise permitted by
the Texas Local Government Code under Chapters 252 and 271; and
WHEREAS, Chapter 252 Subchapter B of the Texas Local Government Code, Section
252.022 (a,7) grants a general exemption from the competitive bidding requirements for
a procurement of items that are available from only one source; and
WHEREAS, the SCADA system modifications must be compatible with the existing
SCADA system that regulates the flow of treated surface water in the line that is owned
and operated by GTUA; and
WHEREAS, the sole vender for the GTUA SCADA system is RLC Controls;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of SCADA Contract
The City Council hereby authorizes the City Manager to execute on its behalf a Contract
with RLC Controls (the "Contract"), attached hereto as Exhibit 1, for the purchase and
installation of SCADA system modifications, and authorizes, ratifies and approves the
City Manager's execution of same. The City Manager is hereby authorized to execute all
documents and to take all other actions necessary to finalize, act under, and enforce the
Contract.
RES. 2013-05-04 Contract SCADA System modification PAGE 1 OF 2 05-28-13
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 28th
day of May, 2013.
ATTEST:
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Nath Wilkison, City Secretary
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RES. 2013-05-04 Contract SCADA System modification PAGE 2 OF 2 05-28-13
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CITY OF ANNA, TEXAS
CONTRACT DOCUMENT
FOR
SCADA & CONTROLS MODIFICATIONS
TO
CITY OF ANNA & GTUA WATER
DELIVERY POINT
MAY 2013
TABLE OF CONTENTS
Proposal and Bid Form......................................................................... P&BS-1 thru P&BS-7
Notice To Proceed
Appendix K:
Standard Contract:
04- Standard Form of Agreement...................................................................... K-1
® General Contract Conditions....................................................................... K-2
Federal Labor Standards Provisions........................................................... K-17
Bonding Forms:
0- Performance Bond....................................................................................... K-21
O> Payment Bond............................................................................................. K-23
jAclerical\anna\1-4007 general services\142-cgma scada sys coordination\specs\tech-spec\01-index.doex - i - Table of Contents
j1clericaRanna\141007 general smices\142-cgma scada sys coordination\specsktech-spec102-p&bs-1.docx P&BS-1 Proposal and Bid Form
Proposal of: RLC Controls
Address: 8115 Hicks Hollow, McKinney, Texas 75071
To the Honorable Mayor and City Council
City of Anna, Texas (hereinafter called "Owner")
Gentlemen:
(hereinafter called 'Bidder")
The Bidder, in compliance with your invitation for bids for the construction of:
SCADA & Controls Modifications to City of Anna and GTUA Water Delivery Point
for the City of Anna, Texas, having carefully examined the plans, specifications, notice to
bidders, invitation to bid and all other related contract documents and the site of the proposed
work, and being familiar with all of the conditions surrounding the construction of the proposed
project, including the availability of materials and labor, hereby proposes to furnish all labor,
materials, and supplies; and to construct the project in accordance with the plans,
specifications and contract documents, within the time set forth therein and at the prices
stated.
The Bidder binds himself on acceptance of his proposal to execute the Contract Agreement
and any required bonds, according to the accompanying forms, for performing and completing
the said work within the time stated and for the prices stated in Exhibit "A" of this proposal.
Bidder hereby agrees to commence the work on the above project within ten (10) days of
receipt of written "Notice to Proceed" and to fully complete the project within Thirty (30)
consecutive calendar days, thereafter as stipulated in the specifications and other contract
documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum
quoted below for each calendar day in excess of the time set forth hereinabove for completion
of this project, all as more fully set forth in the general conditions of the contract documents.
LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME: The time
of completion is of the essence for this project. For each day that any work shall
remain uncompleted after the time specified in the proposal and the Contract
Agreement, or the increased time granted by the OWNER, or as equitably
increased by additional work or materials ordered after the Contract Agreement
is signed, the sum per day given in the following schedule, unless otherwise
specified in the special provisions, shall be deducted from the monies due the
CONTRACTOR:
jAclerical\anna\1-4007 general services\142-cgma scada sys coordination\specs\tech-spec\02-p&bs-1.docx P&BS-2 Proposal and Bid Form
AMOUNT OF CONTRACT
Less than $25,000.00
$25,000.00 to $99,999.99
$100,000.00 to $999,999.99
More than $1,000,000.00
AMOUNT OF LIQUIDATED DAMAGES
$100.00 Per Day
$500.00 Per Day
$500.00 Per Day
$500.00 Per Day
The sum of money thus deducted for such delay, failure or non -completion is not
to be considered as a penalty, but shall be deemed, taken and treated as
reasonable liquidated damages, per day that the CONTRACTOR shall be in
default after the time stipulated in the Contract Agreement for completing the
work. The said amounts are fixed and agreed upon by and between OWNER
and CONTRACTOR because of the impracticability and extreme difficulty of
fixing and ascertaining the actual damages the OWNER in such event would
sustain; and said amounts are agreed to be the amounts of damages which the
OWNER would sustain and which shall be retained from the monies due, or that
may become due, the CONTRACTOR under the Contract Agreement; and if said
monies be insufficient to cover the amount owing, then the CONTRACTOR or its
surety shall pay any additional amounts due.
In the event that the actual damages incurred by the OWNER exceed the amount
of liquidated damages, OWNER shall be entitled to recover its actual damages.
Bidder understands and agrees that this bid proposal shall be completed and submitted in
accordance with the Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any
informality in the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of
sixty (60) calendar days from date of bid opening until the date that the project is
awarded by the City Council.
The undersigned Bidder hereby declares that he has visited the site of the work and Pias
carefully examined the plans, specifications, and contract documents pertaining to the work
covered by this bid, and he further agrees to commence work on or before the date specified in
the written notice to proceed, and to substantially complete the work on which he has
proposed, as provided in the contract documents.
jAclerical\anna\1-4007 general services\142-cgma scada sys coordinationlspecsltech-spec102-p&bs-1.docx P&BS-3 Proposal and Bid Form
Bidder understands and agrees that the Contract Agreement to be executed by Bidder shall be
bound and include all contract documents made available to him for his inspection in
accordance with the Invitation to Bid.
The Contractor's attention is called to the fact that any estimate of quantities of work to be
done and materials to be furnished under the specifications as shown on the Proposal, or
elsewhere, is approximate only and not guaranteed. The Owner does not assume any
responsibility that the final quantities shall remain in strict accordance with the estimated
quantities, nor shall the Contractor plead misunderstanding or deception because of such
estimate of quantities or of the character, location of the work or other conditions pertaining
thereto. Payment will be made on actual quantities installed at the unit bid price, and no claim
will be made for anticipated profits for any decrease in profits.
It is understood that the following quantities of work to be done at unit prices are approximate
only, and are intended principally to serve as a guide in evaluating bids.
It is further agreed that the quantities of work to be done at unit prices and materials to be
furnished may be increased or diminished as may be considered necessary, in the opinion of
the Engineer, to complete the work fully as planned and contemplated, and that all quantities
of work, whether increased or decreased are to be performed at the unit bid prices.
jAclericallanna\1-4007 general services\142-cgma scada sys coordination\specs\tech-spec\02-p&bs-1.docx P&BS-4 Proposal and Bid Form
CITY OF ANNA, TEXAS
SCADA & Controls Modifications to City of Anna and GTUA Water Delivery Point
BID SCHEDULE
Item
Estimated
Price in
Extended
No.
Quantity
Unit
Description and Price in Words
Figures
Amount
Furnish, Install, and Make Operational SCADA,
RTU, and HMI Programming Modifications to
1 1 L.S. GTUA System $ 20,000.00 $ 20,000.00
complete in place, the sum of
Twenty Thousand
Dollars
and No
Cents per Lump Sum
Furnish, Install, and Make Operational SCADA,
RTU, and HMI Programming Modifications for
2 1 L.S. New Anna Delivery Point $ 44,800.00 $ 44,800.00
complete in place, the sum of
Forty -Four Thousand, Eight Hundred
Dollars
and No
Cents per Lump Sum
Performance & Payment Bonds (2.5% of Items 1
3 1 L.S. and 2 Above) $ 1,620.00 $ 1,620.00
complete in place, the sum of
One Thousand, Six Hundred Twenty
Dollars
and No
Cents per Lump Sum
TOTAL AMOUNT BID (Items I Through 3) $ 66,420.00
JAClerical\AnnAl-4007 General Services\142-CGMA SCADA Sys Coordination\Specs\Tech-Spec\03-PRBS-2.xlsx PBS -5
BID PROPOSAL
FOR
SCADA & CONTROLS MODIFICATIONS
TO
CITY OF ANNA & GTUA WATER DELIVERY POINT
Recapitulations
TOTAL BID AMOUNT: $ 66,420.00
Notice of award will be mailed to the undersigned at the following addresses:
in
RLC Controls
Contractor
Michael Cunningham, President
8115 Hicks Hollow, McKinney, Texas 75071
Principal Place of Business
(Corp. Seal if Bidder is Corporation)
Attest:
Secretary:
Acknowledgment is hereby made of receipt of the following Addenda, if any:
No.
No.
No.
Date:
Date:
Date:
List Subcontracts (Company name, contact number and type of work):
jAclericallannall-0007 general services\142-c9ma scada sys coordination\specs\tech-spec\04-p&bs-3.docx P&BS-6 Proposal and Bid Form
REQUEST FOR CERTIFICATE OF EXEMPTION FROM TEXAS
LIMITED SALES, EXCISE AND USE TAX
Date:
TO: City of Anna, Texas
Municipal Building
111 N. Powell Parkway
Anna, TX 75409
RE: SCADA & Controls Modifications to City of Anna and GTUA Water Delivery Point
The undersigned Contractor hereby requests a Certificate of Exemption from the Texas
Limited Sales, Excise, and Use Tax in the amount of
exceeding the contract price of all materials
furnished in connection with the subject property.
), which is an amount not
and other tangible personal property to be
The undersigned hereby represents that such materials and property have been or will be
utilized in the performance of the Contract Agreement to the full extent or the amount for which
such Certificate of Exemption is requested.
(Seal if a Corporation)
Al
Signature:
Title:
RLC Controls
Company
Michael Cunningham
(please print)
President
8115 Hicks Hollow
Address
McKinney, Texas 75071
City, County, State and Zip
(972) 542-7375 (214) 733-8254
Telephone Fax
jaclericallanna11-4007 general servicesl142-cgma scada sys coordinationlspecs\tech-spec104-p&bs-3.docx P&BS-7 Proposal and Bid Form
NOTICE TO PROCEED
Project: SCADA & Controls Modifications to City of Anna and GTUA Water Delivery Point
Issued To: RLC Controls Date Issued:
8115 Hicks Hollow
McKinnev. Texas 75071
You are hereby notified to commence work in accordance with the Agreement dated the
day of 2013, on or before
the day of , 2013 and complete
all of the work within Thirty (30) consecutive calendar days thereafter.
The date of completion for all work shall therefore be the
, 2013.
Issued by: City of Anna, Texas (Owner)
Philip Sanders, City Manager
ACCEPTANCE OF NOTICE:
day of
Receipt of the above notice to proceed is hereby acknowledged by RLC Controls (contractor),
this day of , 2013.
A
Michael Cunningham, President
jAclericaRannall-4007 general servicesl142-cgma scada sys coordinationlspecs\tech-specl05-notice to proceed.docx Notice to Proceed
APPENDIX K
• Standard Form of Agreement
General Contract Conditions
• Federal Labor Standards Provisions
• Performance Bond
• Payment Bond
CITY OF ANNA, TEXAS
STANDARD FORM OF AGREEMENT
FOR OWNER -CONTRACTOR PROJECTS
STATE OF TEXAS }
TRAVIS COUNTY
THIS AGREEMENT, made and entered into this
by and between The City of Anna
day of A.D. 20
of the County of Collin in the STATE OF TEXAS,
acting through Its City Manager thereunto duly authorized so to do, Party of the First Part,
hereinafter termed OWNER, and RLC Controls
of the City of
State of
McKinney County of Collin
Texas Party of the Second Part, hereinafter termed CONTRACTOR.
in the
WITNESSETH: That for and inconsideration of the payments and agreements hereinafter mentioned, to be
made and performed by the Party of the First Part (OWNER) and under the conditions expressed in the bond
bearing even date herewith, the said Party of the Second Part (CONTRACTOR), hereby agrees with the said
Party of the First Part (OWNER) to commence and complete the construction of certain improvements described
as follow:
SCADA & Controls Modifications to City of Anna and GTUA Water Delivery Point
and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement
and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance, and other accessories and services necessary to complete the said
construction, in accordance with the Notice to Contractors, General and Special Conditions of Agreement, Plans
and other drawings and printed or written explanatory matter thereof, and the Specifications and addenda
therefore, of which has been identified by the CONTRACTOR, together with the CONTRACTOR'S written
proposal, the General Conditions of the Agreement, the Performance and Payment Bonds hereto attached; all of
which are made a part hereof and collectively evidence and constitute the entire contract.
The CONTRACTOR hereby agrees to commence work within ten (10) calendar days after the date written notice
to do so shall have been given to him, and to fully complete within Thirty (30) consecutive calendar days after
issuance of the "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.
IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first
above written.
City of Anna, Texas
Party of the First Part (OWNER)
By:
Philip Sanders, City Manager
Attest:
RLC Controls
Party of the Second Part (CONTRACTOR)
By:
Michael Cunningham, President
Attest:
Standard Form of Agreement K-1
jAclerical\anna\1.4007 general services\142-cgma scada sys coordination\specs\tech-spec\07-std form of agreement.docx
SAMPLE
GENERAL CONTRACT CONDITIONS
FOR CONSTRUCTION
1. Contract and Contract Documents
(a) The project to be constructed pursuant to this contract will be financed with assistance from
the CITY OF ANNA and is subject to all applicable Federal and State laws and regulations.
(b) The Plans, Specifications and Addenda, hereinafter enumerated in Paragraph 1 of the
Supplemental General Conditions shall form part of this contract and the provisions thereof
shall be as binding upon the parties hereto as if they were herein fully set forth.
2. Definitions
Whenever used in any of the contract Documents, the following meanings shall be given to the
terms here in defined:
(a) The term "Contract" means the Contract executed between the City of Anna, hereinafter
called the Owner and RLC Controls, hereinafter called Contractor, of which these GENERAL
CONDITIONS, form a part.
(b) The term "Project Area" means the area within which are the specified Contract limits of the
Improvements contemplated to be constructed in whole or in part under this contract.
(d) The term "Contract Documents" means and shall include the following: Executed Contract,
Addenda (if any), Invitation for Bids, Instructions to Bidders, Signed Copy of Bid, General
Conditions, Special Conditions, Technical Specifications, and Drawings (as listed in the
Schedule of Drawings).
3. Supervision By Contractor
(a) Except where the Contractor is an individual and gives his personal supervision to the work,
the Contractor shall provide a competent superintendent, satisfactory to the Local Public
Agency and the Engineer, on the work at all times during working hours with full authority to
act for him. The Contractor shall also provide an adequate staff for the proper coordination
and expediting of his work.
(b) The Contractor shall lay out his own work and he shall be responsible for all work executed
by him under the Contract. He shall verify all figures and elevations before proceeding with
the work and will be held responsible for any error resulting from his failure to do so.
General Contract Conditions K-2
jAclerieahanna\I-4007 general services\142-egma scada sys coordination\specs\tech-spec\08-general conditions.docx
4. Subcontracts
(a) The Contractor shall not execute an agreement with any subcontractor or permit any
subcontractor to perform any work included in this contract until he has verified the
subcontractor as eligible to participate in federally funded contracts.
(b) No proposed subcontractor shall be disapproved by the city/county except for cause.
(c) The Contractor shall be as fully responsible to the city/county for the acts and omissions of
his subcontractors, and of persons either directly or indirectly employed by them.
(d) The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative
to the work and required compliance by each subcontractor with the applicable provisions of
the Contract.
(e) Nothing contained in the Contract shall create any contractual relation between any
subcontractor and the Owner.
5. Fitting and Coordination of Work
The Contractor shall be responsible for the proper fitting of all work and for the coordination of the
operations of all trades, subcontractors, or material suppliers engaged upon this Contract.
6. Payments to Contractor
(a) Partial Payments
1) The Contractor shall prepare his requisition for partial payment as of the last day of the
month and submit it, with the required number of copies, to the Engineer for his
approval. The amount of the payment due the Contractor shall be determined by adding
to the total value of work completed to date, the value of materials properly stored on
the site and deducting (1) ten percent (10%) of the total amount, to be retained until final
payment and (2) the amount of all previous payments. The total value of work
completed to date shall be based on the estimated quantities of work completed and on
the unit prices contained in the agreement. The value of materials properly stored on
the site shall be based upon the estimated quantities of such materials and the invoice
prices. Copies of all invoices shall be available for inspection of the Engineer.
2) Monthly or partial payments made by the Owner to the Contractor are moneys advanced
for the purpose of assisting the contractor to expedite the work of construction. The
Contractor shall be responsible for the care and protection of all materials and work
upon which payments have been made until final acceptance of such work and
materials by the Owner. Such payments shall not constitute a waiver of the right of the
Owner to require the fulfillment of all terms of the Contract and the delivery of all
improvements embraced in this Contract complete and satisfactory to the Owner in all
details.
(b) Final Payment
1) After final inspection and acceptance by the Owner of all work under the Contract, the
Contractor shall prepare his requisition for final payment which shall be based upon the
careful inspection of each item of work at the applicable unit prices stipulated in the
Agreement. The total amount of the final payment due the Contractor under this
contract shall be the amount computed as described above less all previous payments.
General Contract Conditions K-3
jAclerical\anna\l-4007 general services\142-cgma scada sys coordination\specs\tecti-spec\08-general conditions.docx
2) The Owner before paying the final estimate, shall require the Contractor to furnish
releases or receipts from all subcontractors having performed any work and all persons
having supplied materials, equipment (installed on the Project) and services to the
Contractor, if the Owner deems it necessary in order to protect its interest. The Owner
may, if it deems such action advisable, make payment in part or in full to the Contractor
without requiring the furnishing of such releases or receipts and any payments made
shall in no way impair the obligations of any surety or sureties furnished under this
Contract.
3) Any amount due the Owner under Liquidated Damages, shall be deducted from the final
payment due the contractor.
(c) Payments Subject to Submission of Certificates
Each payment to the Contractor by the Owner shall be made subject to submission by the
Contractor of all written certifications required of him and his subcontractors.
(d) Withholding Payments
The Owner may withhold from any payment due the Contractor whatever is deemed
necessary to protect the Owner, and if so elects, may also withhold any amounts due from
the Contractor to any subcontractors or material dealers, for work performed or material
furnished by them. The foregoing provisions shall be construed solely for the benefit of the
Owner and will not require the Owner to determine or adjust any claims or disputes between
the Contractor and his subcontractors or material dealers, or to withhold any moneys for
their protection unless the Owner elects to do so. The failure or refusal of the Owner to
withhold any moneys from the Contractor shall in no way impair the obligations of any surety
or sureties under any bond or bonds furnished under this Contract.
7. Changes in the Work
(a) The Owner may make changes in the scope of work required to be performed by the
Contractor under the Contract without relieving or releasing the Contractor from any of his
obligations under the Contract or any guarantee given by him pursuant to the Contract
provisions, and without affecting the validity of the guaranty bonds, and without relieving or
releasing the surety or sureties of said bonds. All such work shall be executed under the
terms of the original Contract unless it is expressly provided otherwise. Additionally, all such
change orders must be approved by the CITY OF ANNA staff prior to execution of same.
(b) Except for the purpose of affording protection against any emergency endangering health,
life, limb or property, the Contractor shall make no change in the materials used or in the
specified manner of constructing and/or installing the improvements or supply additional
labor, services or materials beyond that actually required for the execution of the Contract,
unless in pursuance of a written order from the Owner authorizing the Contractor to proceed
with the change. No claim for an adjustment of the Contract Price will be valid unless so
ordered.
(c) If applicable unit prices are contained in the Agreement, the Owner may order the Contractor
to proceed with desired unit prices specified in the Contract; provided that in case of a unit
price contract the net value of all changes does not increase the original total amount of the
agreement by more than twenty-five percent (25%) or decrease the original the total amount
by eighteen percent (18%).
General Contract Conditions K-4
jAclericakanna\1-4007 general service5\142-egma scada sys coordination\specs\tech-spec\08-geneml conditions.docx
(d) Each change order shall include in its final form:
1) A detailed description of the change in the work.
2) The Contractor's proposal (if any) or a confirmed copy thereof.
3) A definite statement as to the resulting change in the contract price and/or time.
4) The statement that all work involved in the change shall be performed in accordance
with contract requirements except as modified by the change order.
5) The procedures as outlined in this Section for a unit price contract also apply in any
lump sum contract.
8. Claims for Extra Cost
(a) If the Contractor claims that any instructions by Drawings or otherwise involve extra cost or
extension of time, he shall, within ten days after the receipt of such instructions, and in any
event before proceeding to execute the work, submit his protest thereto in writing to the
Owner, stating clearly and in detail the basis of his objections. No such claim will be
considered unless so made.
(b) Claims for additional compensation for extra work, due to alleged errors in ground
elevations, contour lines, or bench marks, will not be recognized unless accompanied by
certified survey data, made prior to the time the original ground was disturbed, clearly
showing that errors exist which resulted, or would result, in handling more material, or
performing more work, than would be reasonably estimated from the Drawings and maps
issued.
(c) Any discrepancies which may be discovered between actual conditions and those
represented by the Drawings and maps shall be reported at once to the Owner and work
shall not proceed except at the Contractor's risk, until written instructions have been received
by him from the Owner.
(d) If, on the basis of the available evidence, the Owner determines that an adjustment of the
Contract Price and/or time is justifiable, a change order shall be executed.
9. Termination, Delays, and Liquidated Damages
(a) Right of the Owner to Terminate Contract.
(b) In the event that any of the provisions of this contract are violated by the Contractor, or by
any of his subcontractors, the Owner may serve written notice upon the Contractor and the
Surety of its intention to terminate the contract. The notices shall contain the reasons for
such intention to terminate the contract, and unless such violation or delay shall cease and
satisfactory arrangement of correction be made within ten days, the contract shall, upon the
expiration of said ten (10) days, cease and terminate. In the event of any such termination,
the Owner shall immediately serve notice thereof upon the Surety and the Contractor. The
Surety shall have the right to take over and perform the contract. Provided, however, that if
the Surety does not commence performance thereof within ten (10) days from the date of
the mailing to such Surety of notice of termination, the Owner may take over the work and
complete the project by bid/contract or by force account at the expense of the Contractor
and his Surety shall be liable to the Owner for any excess cost incurred. In such event the
Owner may take possession of and utilize in completing the work, such materials,
appliances, and plant as may be on the site of the work and necessary therefore.
General Contract Conditions K-5
jAclerical\annAl-4007 general services\142-cgma scada sys coordination\specs\tech-spec\08-general conditions.docx
(c) Liquidated Damages for Delays.
(d) If the work is not completed within the time stipulated in the applicable bid for Lump Sum or
Unit Price Contract provided, the Contractor shall pay to the Owner as fixed, agreed, and
liquidated damages (it being impossible to determine the actual damages occasioned by the
delay) the amount of $500.00 for each calendar day of delay, until the work is completed.
The Contractor and his sureties shall be liable to the Owner for the amount thereof.
(e) Excusable Delays.
1) The right of the Contractor to proceed shall not be terminated nor shall the Contractor
be charged with liquidated damages for any delays in the completion of the work due to:
2) Any acts of the Government, including controls or restrictions upon or requisitioning of
materials, equipment, tools, or labor by reason of war, national defense, or any other
national emergency;
3) Any acts of the Owner;
4) Causes not reasonably foreseeable by the parties to this Contract at the time of the
execution of the Contract which are beyond the control and without the fault or
negligence of the Contractor, including, but not restricted to, acts of God or of the public
enemy, acts of another Contractor in the performance of some other contract with the
Owner, fires, floods, epidemics, quarantine, restrictions, strikes, freight embargoes, and
weather of unusual severity such as hurricanes, tornadoes, cyclones and other extreme
weather conditions.
5) Provided, however, that the Contractor promptly notifies the Owner within ten (10) days
in writing of the cause of the delay. Upon receipt of such notification, the Owner shall
ascertain the facts and the cause and extent of delay. If, upon the basis of the facts and
the terms of this contract, the delay is properly excusable, the Owner shall extend the
time for completing the work for a period of time commensurate with the period of
excusable delay.
10. Assignment or Novation
The Contractor shall not assign or transfer, whether by an assignment or novation, any of its rights,
duties, benefits, obligations, liabilities, or responsibilities under this Contract without the written
consent of the Owner; provided, however, that assignments to banks or other financial institutions
may be made without the consent of the Owner. No assignment or novation of this Contract shall
be valid unless the assignment or novation expressly provides that the assignment of any of the
Contractor's rights or benefits under the Contract is subject to a prior lien for labor performed,
services rendered, and materials, tools, and equipment supplied for the performance of the work
under this Contract in favor of all persons, firms, or corporations rendering such labor or services or
supplying such materials, tools, or equipment.
11. Disputes
(a) All disputes arising under this Contract or its interpretation except those disputes covered by
FEDERAL LABOR STANDARDS PROVISIONS whether involving law or fact or both, or
extra work, and all claims for alleged breach of contract shall, within ten (10) days of
commencement of the dispute, be presented by the Contractor to the Owner for decision.
Any claim not presented within the time limit specified in this paragraph shall be deemed to
have been waived, except that if the claim is of a continuing character and notice of the
General Contract Conditions K-6
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claim is not given within ten (10) days of its commencement, the claim will be considered
only for a period commencing ten (10) days prior to the receipt of the Owner.
(b) The Contractor shall submit in detail his claim and his proof thereof.
(c) If the Contractor does not agree with any decision of the Owner, he shall in no case allow
the dispute to delay the work but shall notify the Owner promptly that he is proceeding with
the work under protest.
12. Technical Specifications and Drawings
Anything mentioned in the Technical Specifications and not shown on the Drawings or vice versa,
shall be of like effect as if shown on or mentioned in both. In case of difference between Drawings
and Technical Specifications, the Technical Specifications shall govern. In case of any
discrepancy in Drawings, or Technical Specifications, the matter shall be immediately submitted to
the Owner, without whose decision, said discrepancy shall not be adjusted by the Contractor, save
only at his own risk and expense.
13. Shop Drawings
(a) All required shop drawings, machinery details, layout drawings, etc. shall be submitted to the
Engineer in Five (5) copies for approval sufficiently in advance of requirements to afford
ample time for checking, including time for correcting, resubmitting and rechecking if
necessary. The Contractor may proceed, only at his own risk, with manufacture or
installation of any equipment or work covered by said shop drawings, etc. until they are
approved and no claim, by the Contractor, for extension of the contract time shall be granted
by reason of his failure in this respect.
(b) Any drawings submitted without the Contractor's stamp of approval will not be considered
and will be returned to him for proper resubmission. If any drawings show variations from
the requirements of the Contract because of standard shop practice or other reason, the
Contractor shall make specific mention of such variation in his letter of transmittal in order
that, if acceptable, suitable action may be taken for proper adjustment of contract price
and/or time, otherwise the Contractor will not be relieved of the responsibility for executing
the work in accordance with the Contract even though the drawings have been approved.
(c) If a shop drawing is in accordance with the contract or involves only a minor adjustment in
the interest of the Owner not involving a change in contract price or time; the engineer may
approve the drawing. The approval shall not relieve the Contractor from his responsibility for
adherence to the contract or for any error in the drawing.
14. Requests for Supplementary Information
It shall be the responsibility of the Contractor to make timely requests of the Owner for any
additional information not already in his possession which should be furnished by the Owner under
the terms of this Contract, and which he will require in the planning and execution of the work.
Such requests may be submitted from time to time as the need approaches, but each shall be filed
in ample time to permit appropriate action to be taken by all parties involved so as to avoid delay.
Each request shall be in writing, and list the various items and the latest date by which each will be
required by the Contractor. The first list shall be submitted within two weeks after Contract award
and shall be as complete as possible at that time. The Contractor shall, if requested, furnish
promptly any assistance and information the Engineer may require in responding to these requests
of the Contractor. The Contractor shall be fully responsible for any delay in his work or to others
arising from his failure to comply fully with the provision of this section.
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15. Materials and Workmanship
(a) Unless otherwise specifically provided for in the technical specifications, all workmanship,
equipment, materials and articles incorporated in the work shall be new and the best grade
of the respective kinds for the purpose. Where equipment, materials, articles or
workmanship are referred to in the technical specifications as "equal to" any particular
standard, the Engineer shall decide the question of equality.
(b) The Contractor shall furnish to the Owner for approval the manufacturer's detailed
specifications for all machinery, mechanical and other special equipment, which he
contemplates installing together with full information as to type, performance characteristics,
and all other pertinent information as required, and shall likewise submit for approval full
information concerning all other materials or articles which he proposes to incorporate.
(c) Machinery, mechanical and other equipment, materials or articles installed or used without
such prior approval shall be at the risk of subsequent rejection.
(d) Materials specified by reference to the number or symbol of a specific standard, shall comply
with requirements in the latest revision thereof and any amendment or supplement thereto in
effect on the date of the Invitation for Bids, except as limited to type, class or grade, or
modified in the technical specifications shall have full force and effect as though printed
therein.
(e) The Owner may require the Contractor to dismiss from the work such employee or
employees as the Owner or the Engineer may deem incompetent, or careless, or
insubordinate.
16. Samples, Certificates and Tests
(a) The Contractor shall submit all material or equipment samples, certificates, affidavits, etc.,
as called for in the contract documents or required by the Engineer, promptly after award of
the contract and acceptance of the Contractor's bond. No such material or equipment shall
be manufactured or delivered to the site, except at the Contractor's own risk, until the
required samples or certificates have been approved in writing by the Engineer. Any delay in
the work caused by late or improper submission of samples or certificates for approval shall
not be considered just cause for an extension of the contract time.
(b) Each sample submitted by the Contractor shall carry a label giving the name of the
Contractor, the project for which it is intended, and the name of the producer. The
accompanying certificate or letter from the Contractor shall state that the sample complies
with contract requirements, shall give the name and brand of the product, its place of origin,
the name and address of the producer and all specifications or other detailed information
which will assist the Engineer in making a prompt decision regarding the acceptability of the
sample. It shall also include the statement that all materials or equipment furnished for use
in the project will comply with the samples and/or certified statements.
(c) Approval of any materials shall be general only and shall not constitute a waiver of the
Owner's right to demand full compliance with Contract requirements. After actual deliveries,
the Engineer will have such check tests made as he deems necessary in each instance and
may reject materials and equipment and accessories for cause, even though such materials
and articles have been given general approval. If materials, equipment or accessories which
fail to meet check tests have been incorporated in the work, the Engineer will have the right
to cause their removal and replacement by proper materials or to demand and secure such
reparation by the Contractor as is equitable.
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(d) Except as otherwise specifically stated in the Contract, the costs of sampling and testing will
be divided as follows:
1) The Contractor shall furnish without extra cost, including packing and delivery charges,
all samples required for testing purposes, except those samples taken on the project by
the Engineer;
2) The Contractor shall assume all costs of re -testing materials which fail to meet contract
requirements;
3) The Contractor shall assume all costs of testing materials offered in substitution for
those found deficient;
4) The Owner will pay all other expenses.
17. Permits and Codes
(a) The Contractor shall give all notices required by and comply with all applicable laws,
ordinances, and codes of the Local Government. All construction work and/or utility
installations shall comply with all applicable ordinances, and codes including all written
waivers. Before installing any work, the Contractor shall examine the drawings and technical
specifications for compliance with applicable ordinances and codes and shall immediately
report any discrepancy to the Owner. Where the requirements of the drawings and technical
specifications fail to comply with such applicable ordinances or codes, the Owner will adjust
the Contract by Change Order to conform to such ordinances or codes (unless waivers in
writing covering the difference have been granted by the governing body or department) and
make appropriate adjustment in the Contract Price or stipulated unit prices.
(b) Should the Contractor fail to observe the foregoing provisions and proceed with the
construction and/or install any utility at variance with any applicable ordinance or code,
including any written waivers (notwithstanding the fact that such installation is in compliance
with the drawings and technical specifications), the Contractor shall remove such work
without cost to the Owner.
(c) The Contractor shall at his own expense, secure and pay for all permits for street pavement,
sidewalks, shed, removal of abandoned water taps, sealing of house connection drains,
pavement cuts, buildings, electrical, plumbing, water, gas and sewer permits required by the
local regulatory body or any of its agencies.
(d) The Contractor shall comply with applicable local laws and ordinances governing the
disposal of surplus excavation, materials, debris and rubbish on or off the Project Area and
commit no trespass on any public or private property in any operation due to or connected
with the Improvements contained in this Contract.
(e) The Contractor will be required to make arrangements for and pay the water, electrical
power, or any other utilities required during construction.
(f) During construction of this project, the Contractor shall use every means possible to control
the amount of dust created by construction. Prior to the close of a day's work, the
Contractor, if directed by the Owner, shall moisten the bank and surrounding area to prevent
a dusty condition.
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18. Care of Work
(a) The Contractor shall be responsible for all damages to person or property that occur as a
result of his fault or negligence in connection with the prosecution of the work and shall be
responsible for the proper care and protection of all materials delivered and work performed
until completion and final acceptance.
(b) The Contractor shall provide sufficient competent watchmen, both day and night, including
Saturdays, Sundays, and holidays, from the time the work is commenced until final
completion and acceptance.
(c) In an emergency affecting the safety of life, limb or property, including adjoining property, the
Contractor, without special instructions or authorization from the Owner is authorized to act
at his discretion to prevent such threatened loss or injury, and he shall so act. He shall
likewise act if instructed to do so by the Owner.
(d) The Contractor shall avoid damage as a result of his operations to existing sidewalks,
streets, curbs, pavements, utilities (except those which are to be replaced or removed),
adjoining property, etc., and he shall at his own expense completely repair any damage
thereto caused by his operations.
(e) The Contractor shall shore up, brace, underpin, secure, and protect as maybe necessary, all
foundations and other parts of existing structures adjacent to, adjoining, and in the vicinity of
the site, which may be in any way affected by the excavations or other operations connected
with the construction of the improvements included in this Contract. The Contractor shall be
responsible for the giving of any and all required notices to any adjoining or adjacent
property owner or other party before the commencement of any work. The Contractor shall
indemnify and save harmless the Owner from any damages on account of settlements or the
loss of lateral support of adjoining property and from all loss or expense and all damages for
which the Owner may become liable in consequence of such injury or damage to adjoining
and adjacent structures and their premises.
19. Accident Prevention
(a) No laborer or mechanic employed in the performance of this Contract shall be required to
work in surroundings or under working conditions which are unsanitary, hazardous, or
dangerous to his health or safety as determined under construction safety and health
standards promulgated by the Secretary of Labor.
(b) The Contractor shall exercise proper precaution at all times for the protection of persons and
property and shall be responsible for all damages to persons or property, either on or off the
site, which occur as a result of his prosecution of the work.
(c) The Contractor shall maintain an accurate record of all cases of death, occupational disease,
or injury requiring medical attention or causing loss of time from work, arising out of and in
the course of employment on work under the Contract. The Contractor shall promptly
furnish the Owner with reports concerning these matters.
(d) The Contractor shall indemnify and save harmless the Owner from any claims for damages
resulting from property damage, personal injury and/or death suffered or alleged to have
been suffered by any person as a result of any work conducted under this contract.
(e) The Contractor shall provide trench safety for all excavations more than five feet deep prior
to excavation. All OSHA Standards for trench safety must be adhered to by the Contractor.
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(f) The contractor shall at all times conduct his work in such a manner as to insure the least
possible inconvenience to vehicular and pedestrian traffic. At the close of the work each
day, all streets where possible in the opinion of the Owner, shall be opened to the public in
order that persons living in the area may have access to their homes or businesses by the
use of the streets. Barricades, warning signs, and necessary lighting shall be provided to
the satisfaction of the Owner at the expense of the Contractor.
20. Sanitary Facilities
The Contractor shall furnish, install and maintain ample sanitary facilities for the workmen. As the
needs arise, a sufficient number of enclosed temporary toilets shall be conveniently placed as
required. Drinking water shall be provided from an approved source, so piped or transported as to
keep it safe and fresh and served from single service containers or satisfactory types of sanitary
drinking stands or fountains. All such facilities and services shall be furnished in strict accordance
with existing and governing health regulations.
21. Use of Premises
(a) The Contractor shall confine his equipment, storage of materials, and construction
operations to the contract limits as shown on the drawings and as prescribed by ordinances
or permits, or as may be desired by the Owner, and shall not unreasonably encumber the
site or public rights of way with his materials and construction equipment.
(b) The Contractor shall comply with all reasonable instructions of the Owner and all existing
state and local regulations regarding signs, advertising, traffic, fires, explosives, danger
signals, and barricades.
22. Removal of Debris, Cleaning, Etc.
The Contractor shall, periodically or as directed during the progress of the work, remove and legally
dispose of all surplus excavated material and debris, and keep the Project Area and public rights of
way reasonably clear. Upon completion of the work, he shall remove all temporary construction
facilities, debris and unused materials provided for work, and put the whole site of the work and
public rights of way in a neat and clean condition.
23. Inspection
(a) All materials and workmanship shall be subject to inspection, examination, or test by the
Owner and Engineer at any and all times during manufacture or construction and at any and
all places where such manufacture or construction occurs. The Owner shall have the right to
reject defective material and workmanship or require its correction. Unacceptable
workmanship shall be satisfactorily corrected. Rejected material shall be promptly
segregated and removed from the Project Area and replaced with material of specified
quality without charge. If the Contractor fails to proceed at once with the correction of
rejected workmanship or defective material, the Owner may by contract or otherwise have
the defects remedied or rejected materials removed from the Project Area and charge the
cost of the same against any Monies which may be due the Contractor, without prejudice to
any other rights or remedies of the Owner.
(b) The Contractor shall furnish promptly all materials reasonably necessary for any tests which
may be required. All tests by the Owner will be performed in such manner as not to delay
the work unnecessarily and will be made in accordance with the provisions of the technical
specifications.
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(c) The Contractor shall notify the Owner sufficiently in advance of back filling or concealing any
facilities to permit proper inspection. If any facilities are concealed without approval or
consent of the Owner, the Contractor shall uncover for inspection and recover such facilities
at his own expense, when so requested by the Owner.
(d) Should it be considered necessary or advisable by the Owner at any time before final
acceptance of the entire work to make an examination of work already completed by
uncovering the same, the Contractor shall on request promptly furnish all necessary
facilities, labor, and material. If such work is found to be defective in any important or
essential respect, due to fault of the Contractor or his subcontractors, the Contractor shall
defray all the expenses of such examination and of satisfactory reconstruction. If, however,
such work is found to meet the requirements of the Contract, the actual cost of labor and
material necessarily involved in the examination and replacement, shall be allowed the
Contractor and he shall, in addition, if completion of the work of the entire Contract has been
delayed thereby, be granted a suitable extension of time on account of the additional work
involved.
(e) Inspection of materials and appurtenances to be incorporated in the improvements included
in this Contract may be made at the place of production, manufacture or shipment, whenever
the quantity justifies it, and such inspection and acceptance, unless otherwise stated in the
technical specifications, shall be final, except as regards (1) latent defects, (2) departures
from specific requirements of the Contract, (3) damage or loss in transit, or (4) fraud or such
gross mistakes as amount to fraud. Subject to the requirements contained in the preceding
sentence, the inspection of materials as a whole or in part will be made at the Project Site.
(f) Neither inspection, testing, approval nor acceptance of the work in whole or in part, by the
Owner or its agents shall relieve the Contractor or his sureties of full responsibility for
materials furnished or work performed not in strict accordance with the Contract.
24. Review by Owner
The Owner and its authorized representatives and agents shall have access to and be permitted to
observe and review all work, materials, equipment, payrolls, personnel records, employment
conditions, material invoices, and other relevant data and records pertaining to this Contract,
provided, however that all instructions and approval with respect to the work will be given to the
Contractor only by the Owner through its authorized representatives or agents.
25. Final Inspection
When the Improvements included in this Contract are substantially completed, the Contractor shall
notify the Owner in writing that the work will be ready for final inspection on a definite date which
shall be stated in the notice. The Owner will make the arrangements necessary to have final
inspection commenced on the date stated in the notice, or as soon thereafter as is practicable.
26. Deduction for Uncorrected Work
If the Owner deems it not expedient to require the Contractor to correct work not done in
accordance with the Contract Documents, an equitable deduction from the Contract Price will be
made by agreement between the Contractor and the Owner and subject to settlement, in case of
dispute, as herein provided.
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27. Insurance
The Contractor shall not commence work under this contract until he has obtained all the insurance
required under this paragraph and such insurance has been approved by the Owner.
(a) Compensation Insurance: The Contractor shall procure and shall maintain during the life of
this contract Worker's Compensation Insurance as required by the State of Texas for all of
his employees to be engaged in work at the site of the project under this contract and, in
case of any such work sublet, the Contractor shall require the subcontractor similarly to
provide Worker's Compensation Insurance for all of the employees to be engaged in such
work unless such employees are covered by the protection afforded by the Contractor's
Worker's Compensation Insurance.
(b) Contractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance:
The Contractor shall procure and shall maintain during the life of this contract Contractor's
Public Liability Insurance, Contractor's Property Damage Insurance and Vehicle Liability
Insurance in the following amounts:
• Workers' Compensation/Employer's Liability Insurance: Worker's Compensation
Insurance in accordance with statutory requirements, and Employers' Liability Insurance
with limits of not less than $1,000,000 for each accident.
• General Liability Insurance: Comprehensive General Liability Insurance with bodily injury
limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in
the aggregate, and with property damage limits of not less than $1,000,000 for each
occurrence and not less than $1,000,000 in the aggregate.
• Automobile Liability Insurance: Automobile Liability Insurance with bodily injury limits of
not less than $1,00,000 for each person and not less than $1,000,000 for each accident,
and with property damage limits of not less than $1,000,000 for each accident.
(c) Proof of Insurance: The Contractor shall furnish the Owner with certificates showing the
type, amount, class of operations covered, effective dates and date of expiration of policies.
Such certificates shall also contain substantially the following statement: "The insurance
covered by this certificate will not be canceled or materially altered, except after ten (10)
days written notice has been received by the Owner."
28. Warranty of Title
No material, supplies, or equipment to be installed or furnished under this Contract shall be
purchased subject to any chattel mortgage or under a conditional sale, lease -purchase or other
agreement by which an interest is retained by the seller or supplier. The Contractor shall warrant
good title to all materials, supplies, and equipment installed or incorporated in the work and upon
completion of all work, shall deliver the same together with all improvements and appurtenances
constructed or placed by him to the Owner free from any claims, liens, or charges. Neither the
Contractor nor any person, firm, or corporation furnishing any material or labor for any work
covered by this Contract shall have any right to a lien upon any improvement or appurtenance.
Nothing contained in this paragraph, however, shall defeat or impair the right of persons furnishing
materials or labor to recover under any law permitting such persons to look to funds due the
Contractor in the hands of the Owner. The provisions of this paragraph shall be inserted in all
subcontracts and material contracts and notice of its provisions shall be given to all persons
furnishing materials for the work when no formal contract is entered into for such materials.
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29. Warranty of Workmanship and Materials
Neither the final certificate of payment nor any provision in the Contract nor partial or entire use of
the improvements included in this Contract by the Owner or the public shall constitute an
acceptance of work not done in accordance with the Contract or relieve the Contractor of liability in
respect to any express warranties or responsibility for faulty materials or workmanship. The
Contractor shall promptly remedy any defects in the work and pay for any damage to other work
resulting therefrom which shall appear within a period of 24 -months from the date of final
acceptance of the work.
30. Compliance with Air and Water Acts
(a) In compliance with the Clean Air Act, as amended, 41 U.S.C. Sec. 7401 et. seq., and the
regulations of the Environmental Protection Agency with respect thereto, the Contractor
agrees that:
1) Any facility to be utilized in the performance of this contract or any subcontract shall not
be a facility listed on the EPA List of Violating Facilities pursuant to 40 CFR 15.20.
2) He will comply with all requirements of Section 114 of the Clean Air Act, as amended.
3) Materials utilized in the project shall be free of any hazardous materials, except as may
be specifically provided for in the specifications.
(b) If the Contractor encounters existing material on sites owned or controlled by the Owner or
in material sources that are suspected by visual observation or smell to contain hazardous
materials, the Contractor shall immediately notify the Engineer and the Owner. The Owner
will be responsible for testing for and removal or disposition of hazardous materials on sites
owned or controlled by the Owner. The Owner may suspend the work, wholly or in part
during the testing, removal or disposition of hazardous materials on sites owned or controlled
by the Owner.
31. Equal Employment Opportunity
(a) The Contractor will not discriminate against any employee or the applicant for employment
because of race, color, religion, sex, familial status, physical and metal handicap, or national
origin. The Contractor will take affirmative action to ensure that applicants are employed,
and that employees are treated during employment, without regard to their race, color,
religion, sex, familial status, physical and metal handicap, or national origin. Such action
shall include, but not be limited to the following: employment, promotion, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The Contractor
agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the owner.
(b) The Contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, familial status, physical and metal
handicap, or national origin.
(c) The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any
work covered by this contract so that such provisions will be binding upon each
subcontractor, provided that the foregoing provisions shall not apply to contracts or
subcontracts for standard commercial supplies or raw materials.
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(d) The Contractor shall take affirmative actions to ensure equal employment opportunity. The
evaluation of the Contractor's compliance with these specifications shall be based upon its
effort to achieve maximum results from its actions.
(e) Contractors are encouraged to participate in voluntary associations which assist in fulfilling
their affirmative action obligations.
(f) The Contractor is required to provide equal employment opportunity and to take affirmative
action for all minority groups, both male and female, and all women, both minority and non -
minority.
(g) The Contractor shall not use the affirmative action standards to discriminate against any
person because of race, color, religion, sex, familial status, physical and metal handicap, or
national origin.
(h) The Contractor shall not enter into any Subcontract with any person or firm debarred from
Government contracts.
(i) Nothing herein provided shall be construed as a limitation upon the application of other laws
which establish different standards of compliance or upon the application of requirements for
the hiring of local or other area residents.
32. Affirmative Action for Workers with Disabilities
The Contractor will not discriminate against any employee or applicant for employment because of
disability in regard to any position for which the employee or applicant for employment is qualified.
The Contractor agrees to take affirmative action to employ, advance in employment and otherwise
treat qualified individuals with disabilities without discrimination based upon their disability in all
employment practices such as the following: employment, promotion, demotion or transfer,
recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship.
33. Section 109 of the Housing and Community Development Act of 1974
No person in the United States shall on the ground of race, color, religion, sex, familial status,
physical and metal handicap, or national origin be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity funded in whole or in
part with funds made available under this title.
34. The Provision of Local Training Employment and Business Opportunities
(a) To the greatest extent feasible opportunities for training and employment be given lower
income residents of the project area and contracts for work in connection with the project be
awarded to business concerns which are located in, or owned in substantial part by persons
residing in the area of the project.
(b) The Contractor will include this clause in every subcontract for work in connection with the
project.
35. Non Segregated Facilities
The Contractor certifies that he does not and will not maintain or provide for his employees any
segregated facilities at any of his establishments, and that he does not and will not permit his
employees any segregated facilities at any of his establishments, or permit his employees to
perform their services at any location, under his control, where segregated facilities are maintained.
As used in this paragraph the term "segregated facilities" means any waiting rooms, work areas,
rest rooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and
other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,
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transportation, and housing facilities provided for employees which are segregated by explicit
directive or are in fact segregated on the basis of race, creed, color, or national origin, because of
habit, local custom, or otherwise.
36. Job Offices
(a) The Contractor and his subcontractors may maintain such office and storage facilities on the
site as are necessary for the proper conduct of the work. These shall be located so as to
cause no interference to any work to be performed on the site. The Owner shall be
consulted with regard to locations.
(b) Upon completion of the improvements, or as directed by the Owner, the Contractors shall
remove all such temporary structures and facilities from the site, and leave the site of the
work in the condition required by the Contract.
37. Partial Use of Site Improvements
The Owner may give notice to the Contractor and place in use those sections of the improvements
which have been completed, inspected and can be accepted as complying with the technical
specifications and if in its opinion, each such section is reasonably safe, fit, and convenient for the
use and accommodation for which it was intended, provided:
(a) The use of such sections of the Improvements shall in no way impede the completion of the
remainder of the work by the Contractor.
(b) The Contractor shall not be responsible for any damages or maintenance costs due directly
to the use of such sections.
(c) The period of guarantee stipulated in the Section 29 hereof shall not begin to run until the
date of the final acceptance of all work which the Contractor is required to construct under
this Contract.
38. Contract Documents and Drawings
The Local Public Agency will furnish the Contractor without charge Five (5) copies of the Contract
Documents, including Technical Specifications and Drawings. Additional copies requested by the
Contractor will be furnished at cost.
39. Contract Period
The work to be performed under this contract shall commence within the time stipulated by the
Owner in the Notice to Proceed, and shall be fully completed within Thirty (30) calendar days
thereafter.
40. Liquidated Damages
Since the actual damages for any delay in completion of the work under this contract are
impossible to determine, the Contractor and his Sureties shall be liable for and shall pay to the
Owner the sum of Five Hundred Dollars ($500.00) as fixed, agreed and liquidated damages for
each calendar day of delay from the above stipulated time for completion.
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Federal Labor Standards Provisions U.S. Department of Housing
And Urban Development
The Project or Program to which the construction work covered by this contract pertains is being assisted by the United
States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the
provisions applicable to such Federal assistance.
A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work (or under the
United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will
be paid unconditionally and not less than once a week, and without subsequent deduction or rebate on any account (except
such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR
Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment
computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached
hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the
contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe
benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such
laborers or mechanics, subject to the provisions of 29 CFR 5,5(a)(1)(iv); also, regular contributions made or costs incurred
for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular
weekly period, are deemed to be constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for
the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers
or mechanics performing work in more than one classification may be compensated at the rate specified for each
classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time
spent in each classification in which work is performed. The wage determination (including any additional classification and
wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster (WH -1321) shall be posted at all times by
the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen
by the workers.
(ii)(a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be
employed under the contract shall be classified in conformance with the wage rate and fringe benefits therefore only when
the following criteria have been met.
(1) The work to be performed by the classification requested is not performed by a classification in the wage
determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for
fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of
the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210.
The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action
within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee or will notify HUD or its
designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget
under OMB control number 1215-0140).
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their
representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount
designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all
interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The
Administrator, or an authorized representative will issue a determination within 30 days of receipt and so advise HUD or its
designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the
Office of Management and Budget under OMB Control Number 1215-0140).
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or
(c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day
on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a
fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage
determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as
part of the wages of an laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe
benefits under a plan or program. Provided, that the Secretary of Labor has found, upon the written request of the
contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the
Federal Labor Standards Provisions K-17
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contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by
the Office of Management and Budget under OMB Control Number 1215-0140).
2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative
of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal
contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage
requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor
or any subcontractor the full amount of wages required by the contract, in the event of failure to pay any laborer or
mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United
States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part
of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or
owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of
funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such
amounts withheld for and on account of the contractor disburse such amounts withheld for and on account of the contractor
or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such
disbursements in the case of direct Davis-Bacon Act contracts.
3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor
during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the
site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or
development of the project). Such records shall contain the name, address, and social security number of each such worker,
his or her correct classification, hourly rates of wages paid (including rates or contributions or costs anticipated for bona fide
fringe benefits or cash equivalents there of the types described in Section 1(b)(2)(B) of the Davis-Bacon Act), daily and
weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found
under 29 CFR (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in
providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall
maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is
financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors
employing apprentices or trainees under approved programs shall maintain written evidence of the registration of
apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios
and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB
Control Numbers 1215-0140 and 1215-0017).
(ii)(a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all
payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor
will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee.
The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR
Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this
purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-0014-1), U. S.
Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of
payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149).
(b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or
subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall
certify the following:
(1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR
Part 5.5(a)(3)(i) and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract
during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no
deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set
forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into
the contract.
(c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-
347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b) of this
section.
(d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or
criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph A.3.(i) of this section
available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of
Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or
subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to
Federal Labor Standards Provisions KA8
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the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such
records available may be grounds for debarment action pursuant to 29 CFR Part 5.12.
(4) Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they
performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered
with the U.S. Department of Labor, Employment and Training Administration. Bureau of Apprenticeship and Training, or with
a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who
has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be
eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in
any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the
registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed
as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work
actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually
performed. Where a contractor is performing construction on a project in a locality other than that in which its program is
registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's
or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in
the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate
specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of
the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the
full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator
determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance
with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency
recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to
utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is
approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program
which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and
Training Administration. the ratio of trainees to journeymen on the job site shall not be greater than permitted under the
plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate
specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly
rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions
of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of
fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that
there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination
which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is
not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not
less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee
performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the
applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training
Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less
than the applicable predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part
shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29
CFR Part 30.
S. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR
Part 3 which are incorporated by reference in this contract.
6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in 29 CFR
5.5(a)(1) through (10) and such other clauses as HUD or its designee may be appropriate instructions require, and also a
clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be
responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part
5.5.
7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for
termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the David -
Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract.
9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall
not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the
Federal Labor Standards Provisions K-19
jAclericallanna\14007 general services\142-cgma scads sys coordination\specs\teclrspec\09-federal labor sts.docx
procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause
include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of
Labor, or the employees or their representatives.
10. (i) Certification of Eligibility. By entering into this contract, the contractor certifies that neither it (nor he or
she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded
Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded Government
contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or
participate in HUD programs pursuant to 24 CFR Part 24.
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a government
contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate
in HUD programs pursuant to 24 CFR Part 24.
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally,
U.S. Criminal Code, Section 1010, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part "Whoever,
for the purpose of ... influencing in any way the action of such Administration... makes, utters or publishes any statement,
knowing the same to be false... shall be fined not more than $5,000 or imprisoned not more than two years, or both."
11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or
other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated
against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be
instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards
applicable under this Contract to his employer.
B. Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms "laborers" and "mechanics"
include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which
may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set
forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day
on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek
of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph.
(3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action
or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from
any moneys payable on account of work performed by the contractor with the same prime contract, or any other Federally -
assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor
such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid
wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any
lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph.
C. Health and Safety
(1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards
promulgated by the Secretary of Labor by regulation.
(2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926
(formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and
Safety Standards Act (Public Law 91-54, 83 Stat.96).
(3) The Contractor shall include the provisions of this Article in every subcontract so that such provisions will be
binding on each subcontractor. The contractor shall take such action with respect to any subcontract as the Secretary of
Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions.
Federal Labor Standards Provisions K-20
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0 s
KNOW ALL MEN BY THESE PRESENTS, that RLC Controls (hereinafter called the
Principal(s)), as Principal(s), and
(hereinafter called the Surety(s)), as Surety(s), are held and firmly bound unto the CITY OF
ANNA (hereinafter called the Obligee), in the amount of Sixty -Six Thousand, Four Hundred
Twenty Dollars and No Cents ($66,420.00), lawful money of the United States for the
payment whereof, the said Principal and Surety bind themselves, and their heirs,
administrators, executors, successors and assigns, jointly and severally, firmly by these
presents.
WHEREAS, the Principal has entered into a certain written Contract Agreement with the
Obligee, dated the day of , 2013, for the following project:
SCADA & Controls Modifications to City of Anna and GTUA Water Delivery Point
and said Principal under the law is required before commencing the work provided for in said
Contract Agreement to execute a bond in the amount of said Contract Agreement, which
Contract Agreement is hereby referred to and made a part hereof as fully and to the same
extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Principal shall faithfully perform the work in accordance with the plans, specifications and
contract documents, then this obligation shall be void; otherwise to remain in full force and
effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of
Chapter 2253 of the Texas Government Code (Article 5472d for Private Work)' of the Revised
Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in
accordance with the provisions of said Article to the same extent as if it were copied at length
herein.
Surety, for value received, stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract Agreement, or to the work performed
thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway
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 Agreement, or to the work
to be performed thereunder.
1 Not applicable for federal work. See "The Miller Act," 40 U.S.C. S270.
jAclerical\anna\1-4007 general services\I42-cgma scada sys coordination\specs\tech-spec\10-honds.doc K-21 Bonds
IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed
this instrument this — day of 12013.
Surety
*By:
Print Name:
Title:
Address:
Phone/Fax:
RLC Controls
Principal
A-0
Print Name: –Michael Cunningham —
Title: President
Address: 8115 Hicks Hollow
McKinney. Texas 75071
Phone/Fax: _(972) 542-7375
The undersigned surety company represents that it is duly qualified to do business in Texas
and is listed on the U.S. Department of the Treasury list of approved sureties, and
hereby designates , an agent resident in
County, Texas, to whom any requisite notices may be delivered and on whom
service of process may be had in matters arising out of such suretyship.
S u rety
By:
Print Name:
Address:
Phone/Fax:
IMILIMMI"MA
�'" In,
-1 MT
_1114 sm Los n't mZ161-11 -P,
jAclericalkannakl -4007 general services1142-cgrria scada sys coordinationlspecsltech-speckIO-bonds.doc K-22 Bonds
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS, that RLC Controls (hereinafter called the
Principal(s)) as Principal(s), and (hereinafter called
the Surety(s)), as Surety(s), are held and firmly bound unto the CITY OF ANNA (hereinafter
called the Obligee), in the amount of: Sixty -Six Thousand, Four Hundred Twenty Dollars
and No Cents ($66,420.00), lawful money of the United States for the payment whereof, the
said Principal and Surety bind themselves, and their heirs, administrators, executors,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written Contract Agreement with the
Obligee, dated the day of , 2013, for the:
SCADA & Controls Modifications to City of Anna and GTUA Water Delivery Point
and said Principal under the law is required before commencing work provided for in said
Contract Agreement to execute a bond in the amount of said Contract Agreement, which
Contract Agreement is hereby referred to and made a part hereof as fully and to the same
extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Principal shall pay all claimants supplying labor and material to him or a subcontractor in
the prosecution of the work provided for in said Contract Agreement, then this obligation shall
be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of
Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall
be determined in accordance with the provisions of said Article to the same extent as if it were
copied at length herein.
Surety, for value received, stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract Agreement, or to the work performed
thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway
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 Agreement, or to the work
to be performed thereunder.
j lclericallannaN-0007 general services\142-cgrna scada sys coordinationlspecsltech-spec110-bonds.doc K-23 Bonds
IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed
this instrument this — day of _ 2013.
S u rety
*By:
Print Name:
Title:
Address:
Phone/Fax:
RLC Controls
Principal
LA -O
Print Name: Michael Cunninaham
Title: President
Address: 8115 Hicks Hollow
McKinney, Texas 75071
Phone/Fax: –(972) 542-7375
The undersigned surety company represents that it is duly qualified to do business in Texas
and is listed on the U.S. Department of the Treasury list of approved sureties, and
hereby designates , an agent
resident in County, Texas, to whom any requisite notices may be delivered
and on whom service of process may be had in matters arising out of such suretyship.
Surety
By:
Print Name:
Address:
Phone/Fax:
JAciericalkanna\1-4007 general servicesX142-cgrna scada sys coordination\specs\tech-specXIO-bonds.doe K-24 Bonds
1; jl�
RLC CONTROLS
Serving Your Instrumentation Needs
BID DATE
JOB NAME
------------------------------
SCOPE OF WORK
8115 Hicks Hollow
McKinney, TX 75071
(972) 542-7375
FAX (214) 733-8254
05/15/2013
City of Alma New GTUA Delivery
RLC Controls is pleased to quote this project as an Instrumentation and Controls Subcontractor.
THIS QUOTE INCLUDES THE FOLLOWING:
GTUA New Delivery Point
• RLC will provide and install one new RTU equipped with PLC, power supplies,
panel materials and a Nema 4 X enclosure.
• RLC will provide and install one UPS.
• RLC will install one HMI Touch Screen in the door of RTU for system controls
• RLC will provide and install one 72"X60" stainless steel unistrut rack to mount
the RTU on.
• RLC will build all new screens at GTUA's Bloomdale pumps station for the new
RTU.
• RLC will provide and install one combo UO, one analog input and one analog
output module in Anna's RTU for additional UO needed
• RLC will program RTU for system operations.
• RLC will program GTUA's master PLC to bring back new delivery point data to
the GTUA pump station.
• RLC will provide and install one radio system equipped with one radio, one yagi
antenna, coax cable, coax connectors and lightning protection.
• RLC Controls will provide RTU wiring drawings for the new RTU and panel
layout drawings.
• RLC Controls will provide backup of all code changes made to the HMI system,
RTU and master PLC.
Project Budget $20,000.00
Anna
o RLC will provide and install two submersible level transmitter one in each of Anna's
GST.
o RLC will provide and install one control panel to house B&W relay systems to pump
controls.
o RLC will provide and install B&W probes in each of Anna's tanks for pump control.
o RLC will provide and install B&W Probe Holders on the top of each tanlc
o RLC will provide and install two one inch plastic coded conduits from the City of Anna's
pump station to GTUA's new RTU.
o One conduit for power for the RTU and sump pump
o One conduit for UO from GTUA's PLC and City of Anna's PLC.
o RLC will provide and install four one inch plastic coded conduits from the new
RTU to the new Vault
o One conduit for valve control
o One for power to sump pump
o One for Pressure transmitters
o One for flow meter
o RLC will provide and install a 24X24X10 Nema 4X enclosure to house the flow meter.
o RLC will provide and install a high water vault alarm.
o RLC will provide programming for the City of Anna's RTU for new I/O required.
o RLC will provide prograrruning for the City of Anna's master to bring data to the HMI
computer.
o RLC will provide programming for the City of Anna to control the valve and shut down
wells from the HMI computer.
Project Budget $44,800.00
Adder for bounding the Project $64,800.00 A 2.5% Total $66,420.00
THIS QUOTE EXCLUDES THE FOLLOWING:
TERMS: Net due in thirty (30) days from date of invoice.
TAXES: Sales or use tax, licenses or other fees are excluded from quoted prices.
This quote is valid for 60 days.
Regards,
RLC CONTROLS
Michael Cunningham
President