HomeMy WebLinkAbout09-1966
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CITY OF DENTON, 'T'EXAS
Specifications and Contract Documents
For the Construction of
HANGAR AND OFFICE BUILDINGS
AT
DENTON MUNICIPAL AIRPORT
A. `
Prepared by
c, `y
DEPARTMENT OF COMMUNITY DEVELOPMENT
c~ a•
THE CITY OF DEN'PON
r
DENTON, TEXAS n
SEPTEMBER, 1966
(SZ-Z~ 4t
Addendum #3:
This addendum shall be attached to are becoa;e a part of the
Specifications and Contract Documents fo- the construction of
Hangar and,Office Buildings at Denton Yu.ticipal Airport, City of
Denton, Texas.
1. The note regarding tie beams listed on sheet 3 of the plans is
ammended to read as follows:
Tie beams shall havea maximum spacing of 20 feet on centers each
way.
2. The 18" x 18" x 9" footing Indicated to be located beneath each column
in the interior wall shall be omitted and replaced with the twelve (1211)'
inch diameter piers and twenty (20") inch diameter bell required beneath
all columns.
3. The five ton all. se electric heating and airconditioning unit
indicated on sheet two of t'Ze plans shall be installed, complete,
including exterior compressor, djetwork, wiring, thermostats,-and all
other items of work required for a complete installation.
4: The contractor shall furnish nn9 install two water faucets in tte
main hangar and office building, Both shall be located in the block
wall, one adjacent to thq rest roots between bays B and F, and one in
the same wall between bays B and C.
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Addendum 14:
This addendum shall be attached to and become a part of the
Specifications and Contract Documents for the construction of
Hangar and Office Buildings at Denton Municipal Airport, City
of Denton, Texas.
1. The first sentence of paragraph 100.5, Payment, is ammended to
read as follows:
Payment shall be based on a lump sum bid and shall be
payable to the Contractor upon the completion of the
project and acceptance by the City.
2. The exterior electrical service connection to the ma.ln hangar
shall be made by the Contractor with no additional cost to the City.
The underground connection shall extend from the transformer pad
to the hangar, a distance of approximately 280 feet. The underground
• electrical Installation shall conform to the requirements of tho
City of Denton concerning such installations. Service drop shall
consist of three wire 14/0 AWG (Cu) in r. 4 - inch conduit buried 42 -
inches below finish grade. P. V. C. conduit Class 11 Direct But-lal
may be used. All risers and 900 elbows :,hall be heavy wall galvanized.
steel conduit. The ditch shall be made zvallable to General Telephone
Company for telephone installation.
3. Asphalt the floor covering shall be Installed in the office,
lobby, and rest rooms in the main hangar and office building.
t The doors on the main hangar building shall open to provide an
ning of a minimum of 108 feet in width and 19 feet in height, clear
free of any obstructions. No part of any columns or beams shat.
end Into the required opening.
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%,mrm- TO -nn;;R;
' Sealed proposals ad,lresscd to tLe City of Denton, Denton County,
Texas, will be received at the office of the City Secretary, City Hall,
Denton, Texas, until 10:00 A.N., C.S.T., September 29, 1966, for
constructing improvements at the City's Municipal Airport as follows:
Contract A: For Constructing One (1)
:•:atal Airplane
Hangar with
Office Space.
Contract B: For Constructing Ten (10)
Metal Airplane
"T - Hangars".
Contracts "A" and 143" will be awarded separately, but Bidders are invited
to bid for either or both of said contracts.
Bidders must submit with their bids a Cashiers or Certified Check payable
to or endorsed, without recourse, to the City of Denton, Texas, in the,
amount of $4,500 for Contract A and $1,750 for Contract B. or submit a
Proposal Bond in the same amounts from a reliable Surety Company, as
a guarantee that Bidder will enter into a contract and execute the
required bond and guarantee within five (5) days after notice of award
of contract to him. Bids without check or Proposal Bond will not be
considered.
In accordance with Article 5159(x) V.A.T.S. the successful Bidder will
be required to furnish not only a Performance Bond in the amount of the
contract, but also a Payment Bond in the amount of the contract, for
' the protection of all claimants supplying labor and materials as defined
€
in sr.id law. The bonds must be executed by an approved Surety Company
holding a permit from the State of Texas to act as Surety, and acceptable
according to the latest list of companies holding certificates of
authority from the Secretary of the Treasury of the United States or•
other Surety or Sureties acceptable to the City.
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All prices must be scatca i.„ :'igures The
i ' City reserves the ri!;hz to ~c~; .:;,y o:- aids and to waive
formalities. In case 017 cl-M)i;11:y OY lack of clearness in stat-
ing the price in the bids, t;;c C:cy reserves vile right to con.
sider the most advanta-cous co: s, :uctirn; z:,Icz•cof, or to reject
the bid. Unreasonable or,u,:balanced prices will be con-
sidorod sufficient cause ;Co;: rejection of any bid or bids.
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Bidders are expected to •inspoct ha si.ee of the work and to in-
form themselves regarding local conditions and conditions under
.which the work is to be done.
Not less than the prevailing rate of per diem wages for work of~
similar character in the City of Denton, and County of Denton,
and not less than the general prevailing rate of per diem wages
for legal holidays, Saturdays, Sundays, and overtime work shall
be paid to all laborers, workmen and mechanics employed in
connection with the foregoing Contracts.
no City Council of the City of Denton has ascertained and here
j specifies such general prev<.:.Iing rate, of per diem wages in said
City and County to be as follows:
Mechanic Workman or
Prevailing (8 hour .
i Type of Craft or Laborer Hourly Rate daX, '
Asphalt Heaterman $1.50
1 Asphalt Raker 1.75
' Asphalt Shoveler 1.50
Batching PIz..t Scaleman 1.60
Carpenter 2.50
f Carpenter Helper 1.75
Concrete Finisher 2.25
f Concrete Finisher Helper 1.75
Form Builder (Structures) 2.25
Form Builder Helper (Structures)' 2.00
J Form Setter (Structures) 2.25
Form Setter Helper (Str'uctures' 2.00
Laborer, Comimon 1.45
Laborer, Utility Aian 1.50
Mechanic. 2.50
Mechanic Helper 1.75
OiI:.. 1.75
Paintb.' (Struc~ures) 2,25
Painter Helper (Structures) 1190
Pipe Layer (Concrete & C1.,-) 1195
Pipe La er Helper Concrete & Clay) 1.60
wo',:k .an Or .'rcvailing (8 hour I
.0"na Ozl" Cr1:: Or Lnb.~~c :lour Rare
daY~
?Owar Equi O,)erzzo~:6:
I sphalr istriou :or 2.00
As?halt Paving M..c:ginc 2.00
3u11dozer, Ovcr 30 2.50'
Cranc,
l/~4Vlina, SnoveA. `..1:5,7 C.1.) 2.50 '
Cane, Clamshell,
Draaliaa, Shovol (I?! C..'. t.ua Oval) 2.75
::iectricia.zs 3.75
Ce:•,,:nt Masons a.20
~i:.ziers 2,00
lu,m'uers 2.75
Sheet Metal WorAerS 2.88' ~ . .
ok:nccltion Grill Gpeator (Cr-wicr Mounted) 3.00
oundation Diiil Operator ('i'ruc:c Mounted) 3.00
oundation Drill.Operator Helper 2.00
Front End Loader (1 C.Y. and Less) 2.00
r ro•nt End Loader (Over 1. C .Y 2.25
Mixer (Over 16 C.F.) 2.40
Mixer (Concrete Paving) 2;50
,rotor Grader Operator, Fine Grada 2.50
Concrete Paving Saw 1.75
:rotor Grader Operator' $2.35 ;
Roller, Steel 'heel (Plant-;fix Pavement) 2,00
Roller, Steel Wheel (Other) 1.75 '
Roller, Pneumatic (Self -?ropeIled) ` 1150
Scrapers (Ovar 7 C.Y.) 2,50
Side Boon; 2.35
Tractor (Crawler Type) 80 H.P. and leas 1450 {
Tractor (Crawler Type) Over 80 11.P. 2050
Tractor (Pneumatic) 80 H.P. lass 1.50
Tracror (P:.aumacic) Over 80 N.40. 1.75
,
i Trenching Machine, light 2•.35
Trenching Machine, Heavy 3,50
Reinforcing Steel Setter; (Pav:.,:g) 1150
Strl~<.~u:3s
( ) .80
Reinforcing Steel Setter 1
Reinforcing Steel Sette-A: lit1r c:r 1150 : .
Steel Worker (Structuroi) 2.60 '
Steel Worker Helper (Structural) 2.00
Spreader Box Man 1.75
True& Drivers: '
Single Axles Light 1.50
Single .'4 a, Heavy 1.50
f . Tar gem Axle or Sewltrai:er 1.50
Winch,- . 1•. 75'
Vibrator, Man (Hand Type) 1.40
' ; Welder 3.00 ~
. iU% J: iOrC0Oli10 1a; eS 0. Sundays, lc;;al 1•io'' idays, and
OVeI ti~.;~ WorK.
lnszruc::ions to Bii:ders, S;)ccifications, Plans
and Can..rac,. Docua:. n-s
b.L. JI .41 r.,, ;.:-,c offAce of the City ,
Se;:retary, City 'wril V A%o,;. r,nd c:, ►ic., C of
said ins,.ru-
ments may be obtainorl 40'evez,*A y" upon deposit o£
$25.00 as a guarantee o: ,c I-a ur:-a 02 the plans and specie
r,ications.
Said deposit will be vide(:;
(1) The Bidder returns z ha plans and specifications
' within 72 hours a=ter the bid date; OR
{ (2) ine Non-Bidden returns the plans and specifications
in good'. condition 72 hours prior to bid date;
Otherwise the entire $25.00 deposit will be forfeited and no.
refund made,
Suppliers may obtain Specifications and plans at the address
stated abova upon deposit Of Fifteen ($15,00) Dollars, which
sum is non-refundable.
It is the intention of the City Council of the City of Denton
to issue tha time warrants ..)A the City of Denton for payment'of
a past all oi~ the Contrac-cs to be made pursuant to this
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{ Notice, an8 to pay part. oi: all of the Engineer's fees in
connaction therewith. 'i':Iu nip:::iraum a,a:ount of time warrant
indebteaness to be incurred For said purposes shall be $125,000,
the maximum rate of interest, such tine warrants are to bear is
4-12-% per annun, and the maturity date thereof shall be
19So, ino City has obtain((: carwmit,ae)ti:: from a ban's for the
purchase of said time warr"n:.s ~ro;i tiie Contractor, so that said
warrants shall be ::eliv:.::cd ; o the Contractor and the Contractor ;
will immediately deliver said warrants to such bank and reeeiva
in cash the par. value therefor. .
=,y OF DzNiO:I, 'TEXAS
BY:. BRCOXS HOLT,. r'
' CITY SECRETARY
(J r.
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:SS UCTIGN 0 3:ODZM •
oral wo:.c .:;c.u:ca t.i.S contract consists
o: fur:.i5hind aA. i;c;Zci'i.Is, tu015, cc,uixrc,;t, etc. necessary
for tl:c construCti-:~,l o. o:;,: ZCa L:,it Lc,! :;::abet and one hangar
O.`.iCe bulldin60 CG+~;~)1C~.?, in aCCOrc1::.7C4p with the drawings
znd as specified c.or. io,
2, teri, I.s ^ur^is:,.~d by : lac Ow„ar will furnish INTO materials.
luC ('.O:,tractor shall t:. u.• L:a~CYlaIS, Cf~Uip7iCnt, etC.
3. Ti-•a of Cornletion: VGw,;,rr c:. sires L1-,C wor:c to he completed at
tine earliest possible dcA cu. of cor.,pletion shall be as indicated
in. tha Propo; al. -
In the event, the Contrac or f~:;s to co:r.•):ete the project within
t::e tine set fOVth in t:u: : copee.,l; Lha Gwr,er ehall withhold
per uaneatly from th.: pay,.,. tc th,: Coatrlc for the sum of twenty-
five ($25.00) dollars per :.::y zz, liruifIated damages, as set forth
in Section 4.04 of the Conditions of the Agreement.
4. Bid Form: Bids shall be t..c.de c:. the blank form attached and the ,
complete documents and pl"r.s shzil be returned with the bids. Bids
not so made will be considered out of form.
5. Perfo:.acnce Bond: With the execution and delivery of the contract,
tae Contractor shall furnish performance bond for the full amount
of the contract. Bond shall be executed by anki approved surety
co,:.?any authorized to do business in the State of Texas, and
acceptable accordin; to the latest list of coampanies holding Certi '
ficates o: Authority from the Secretary of the Treasury of the
United States of A:narica.
6, Pav.ment Bond: In additioa to the Performance Pond the Contractor
will furnish a P;.ymant Bond for the full amount of the contract,
Pays-,ei.t Br.rd shall be executed by an• approved surety company au'tcorized
to do busin.sss in:-the State of Texas, and acceptable according to
the latest list of cospanies holding Certificates of Authority from
the Secretary of the Treasury of the United States of America.
7. Bond: in additioa to t:.:: Performance Bond and Payment
Bond, thc.`Joatractor will furnish a Maintenance Bond for ten (10%)
perceat of the contract price. Maintenance Bond shall be executed
by as approved r..:rety cor.pa:.y authorized to do business in the
State of Texas, and acceptc;,le according to the latest list of
companies holding Certificates of Authority from the Secretary of the
Treasury of the United States of America. Maintenance Bond shall
c rer:.ain in force f'or a-period of one ('1) year beyond the date of
i. written acceptanco of the work by the Ow;er, to guarantee the repair
and/or replacement of defective materials srd/or workmanship which
may develop during this period.
e
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:.t his own expense
:ooure all f:'a:.:: ;a, c~:.:.:c co; cult: os required o: aim
a.
by pay all patent
u:..: 0 equipment 0:
..;:c coil; et:on o. phis project
c::d s' all ~0:4A
* z`c: G....~. _:xa a:.y liability, for
the u80
of patents in t:: is wor:c
9. C:an^' Of ? c
O . tl.~ alio.:,acnCB i6 COltCmplated.
::otaave:, should a -icc~ssary clue to obstructions or
other masons the Ow.-Le.`., a~rJab the rib ;c to r,iCke such change,
no extra coape:.,,ation L:i.. Je allowed t::e Co:tractor.
10. °.ohe:t`', Protection: ~~nCds, sibns, poles, guy wires
and all ocher property s'r.ccl'. be protected unless their removal
is authorized and any pra;:Crty damage shall be satisfactorily
restored by the Contractor.
11. Tnvas.:i~,ation of 7.oca1 C;,::c,icior.s 2rior to submission of a
proposal, the'Contractor s'rall have made a careful examination
of the site of the work acd of the contract documents including
the plans and speci:icatioas and shall become informed as to
the location and nature u: L~,e proposcd construction, the kind
of facilities requiled bc:"ore rnd during the construction ,
period;'labor conditions, and all other matters chat may affect
• the costs sad time of com.2let:on of the work.
12. Internratation of O::oted ?rices; Tn crsa of a difference between
the writte:. words and the :inures ins L'ne -Proposal, the amount
stated in written words will be con$idered as the bid.
13. Int,~rn.atr,tion or Seocir_c tio:a: Any question as to the
meaning of any spocifica ions will be answered by Addendum
which will be sent to all wan h:.va been zurnished with the plans
and spec i:ications.
P '.)SAL
Denton, Texas
nrtnher 13. 1966
PRO?OSAL OF s Inc.
a corporation organised under 610 10W4 Of 00 SLt6tc Of
' a partnership consisting of
anti individual trading as ,
a^o the City of Denton, Texas: '
Pursuant to Invitation to ;ii~ucrs, as publislied, the under-
signed proroses to furnish all tabor, materials, and equipment, and
perform all work for the complcee co..struction of oac ten uni; tee
hangar and/or one hangar and ofice building, in the strict
accordance with the attached S,•ci:r:tion::'and accompanying Plans
for the following :
ITEM ESTIMATED :DZS::.i: i'ION UNIT PRICE TOTAL SID
\0. OUAtiTIT`! ('r:c0• ')e a,,itten in words (Figures) (Figures)
1 Lump Sum Construction of one ten ulit tee
hangar, complete, the sum of
dollars and nts
lump sum.
2. Lump Sum Construction of one hangar and
.%o(~i nol ,~aS1~f;~a9 fit hundred seventy-six -
m o. dollars
and cents lump sum. Sim, $ 89.876.00
3. Lump Sum construction o: both Iten No. 1 '
and Item, No. 2, com2lete, the sum
o:' dollars
and cents lump sum. $ $
within ten (10)
,ays aster she dite o writ;, t., ork and to sub.
' stantially comr-lete the wor., ~:,I.nin eighty (80)
working day, as defined in (a Agreement.
Enclosed with this or Certified
CL-eck for Four Thousand- Five Hundred
~L-4-o-gOQ.00 :,;,recd shall be
collected a:td rQtQinek; by cl,. r, a8 iitiui6aLL dtimagel in the
event this Proposal is ncc~i>t. , , ti--e Owner within thirt3 (30)
days after the date aciv,.rti,. ~;ie reception of Bids and the
undersigned fails to ^x _u; ,,.tnict and the required bonds with
the Owner, under tta o1, within tcn (10) days bfPer
tine date said Proposal c. Otherwise, said check or bond
shall he returned to the upon demand.
The undersigned hereby U'.clore that he has visited the site
and has carefully examined tl•.c Contract Documents relative to the
work covered by the above bid.
Respectfully submitted,
• A-& S Steel Buildings. Inc. '
-P. 0. Box 40099
Houston .-Texas
_ Add so
B Title
(Seal if Bidder is a corporation)
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GENERAL CONDITIONS OF AGREEMENT
1. DEFINITIONS OF TERMS
1.01 OWNER, CONTRACTOR AND ENGINEER: The Owner and the Con-
tractor are those mentioned as such in the Agreement. They are
treated throughout the Contract Documents as if each were of the
singular number and masculine gender. The Engineer shall be
understood to be the Engineer of the Owner or his duly authorized
representative.
1.02 CONTRACT DOCUMENTS: The Contract Documents shall consist
of the Notice to Contractors (Advertisement) Special Conditions
(Instructions to Bidders), Proposal, signed Agreement, Performance
and Payment "onds (when required), Special Bonds (when required),
General Conditions of the Agreement, Technical Specifications,
Plans, and all moditipatione thereof incorporated in any of the
documents before the execution of the agreement. r
The Contract Documents are complementary, and what is called for
by anyone shall be as binding as if called for by all.
1.03 SUB-CONTRACTOR: The term Sub-Contractor, as employed herein,
includes only those having a direct contract with the Contractor
and it includedd one who furnishes material worked to a special
design accordirig to the plans or specifications of'-this work,"but
does not include one who merely furnishes material not so worked.
1.04 WRITTEN NOTICE: Written notice shall be deemed to have
been duly served if delivered in person to the individual or to
a member of the firm or to an officer of the corporation for
whom it is intended, or if delivered at or sent by registered
mail to the last business address known to him who gives the notice.
1.05 WORK: Unless otherwise stipulated, the Contractor: shall
provide and pay for all materials, supplies, machinery, equipment,
tools, superintendence, labor, insurance, and all water, light,
.power, fuel, transportation, and other facilities necessary for
the execution and completion of the work covered by the contract
documents. "mess otherwise specified, all materials shall be
new and bot1; workmanship and materials shall be of a good 'quality.
The Contractor shall, if required, furnish satisfactory evidence
as to the kind and quality of materials. Materials or work described
in words,which so applied have a well known technical or trade
meaning,shall be held to refer to such recognized standards.
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1.06 EXTRA WORKi The term "Extra Work" as used in this contract
shall be understood to mean and include all work that may be
required by the Engineer or owner to be done by the Contractor
1
to accomplish any change, alteration or addition to the work
shown upon the plans, or reasonably implied by the specifications,
and not covered by the Contractor's Proposal, except as provided
under "Changes and Alterations", herein.
1.07 WORKING DAY: A "Working Day" is defined as any day not
including Saturdays, Sundays or any legal holidays, in which
weather or other conditions, not under the control of than
Contractor, will permit construction of the principal units of
the work for continuous period of not lessthan seven (7) hours
between 7:00 a.m. and 6:00 p.m.
1.08 CALENDAR DAY: A "Calendar Day" is any day of the week or
month, no days being excepted.
1.09 SUBSTANTIALLY COMPLETED: By the term "Substantially
Completed" is meant that the structure has been made suitable
for use or occupancy or the facility is in condition to serve
its intended purpose, but still may require minor miscellaneous
work and adjustment.
2. CONTROL OF WORK
2.01 LINES AND GRADES: Unless otherwise specified, all lines
and grades shall be furnished by the owner or his representative.
Whenever necessary, construction work shall be suspended to permit
performance of this work, but such suspension will be as brief as
practicable and the Contractor shall be allowed no extra compen-
sation therefor. The Contractor shall give the owner or the
Engineer ample notice of the time and place where lines and grades i
will be needed. All stakes, marks, etc., shall be carefully
preserved by the Contractor, anu in case of careless destruction
or removal by him or his employees, such stakes, marks, etc.,
shall be replaced at the Contractor's expense.
2.02 ENGINEER'S AUTHORITY AND DUTY: Unless otherwise specified,
it is mutually agreed between the parties to this Agreement that
the Engineer shall supervise all work included herein. He has
the authority to stop the work whenever such stoppage may be
necessary to insure the proper execution of the contract. In
oraer to prevent delays and disputes and to discourage litigation,
it is further agreed that the Engineer shall in all cases deter-
mine the amounts and quantities of the veyeral kinds of work
which are to be paid for under this contract. He shall determine
all questions in relation to said work and the construction thereof,
and shall in all cases decide every question which may arise
relative to the execution of this contract on the part of said
Contractor. The Engineer's estimates and findings shall be the
conditions precedent to the right of the parties.hejeto to
arb1tration or to any action on the contract, and to any rights
of the Contractor to or to any action on the contract, t..d to
I 2
s:
any right- of the Contractor to receive any money under this
contract, provided, however, that should the Engineer render any
decision or give any direction which in the opinion of either
party hereto, is not in accordance with the meaning and intent
of this contract, either party may file with said Engineer within
thirty (30) days his written objection to the decision or direction
so rendered, and by such action may reseLve the right to submit
the question so raised to arbitration as herein provided. It
is the intent of this agreement that there shall be no delay in
the execution of the work; therefore, the written decision or
directions of the Engineer as rendered shall be.promptly carried
out, and any claim arising therefrom shall be thereafter adjusted
by arbitration as hereinafter provided.
The Engineer shall, within a reasonable time, render and deliver
to both t-pie Owner and the 1ontractor a written decision on all
;laims of the parties hereto and on all questions which may arise
relative to the execution of the work or.the interpretation of
the contra.-t, specifications and plans. should the Engineer fail
to make such decision within a reasonable time, an appeal to
arbitration may betaken as if his decision had been rendered
against the party appe-Aing.
• Whenever the words "directed", "required", "permitted" "des ignat:ed
"considered necessary" "prescribed", or words of like import at
used, it shall be understood that the direction, requirement, per-
mission, order, designation or prescription, of the Engineer is
intended; and similarly, the words "approval", "acceptable",
"satisfactory", or words of like import shall mean approved by
or acceptable or satisfactory to the Engineer.
2.03 SUPERINTENDENCE AND INSPECTION: It is agreed by the Con-
tractor that the Engineer shall be and is hereby author4zed to
appoint from time to time such subordinate engineers, supervisors
or inspectors as the said Engineer may deem proper to inspect
the material furnished and the work done under this agreement, and
to see that the said material is furnished, and said work is done
in accordance with the specifications therefor. The Contractor
shall furnish all reasonable aid and assistance required by the
subordinate engineers, supervisors or inspectors for the proper
inspection and examination of the work. The Contractor shall
regard and obey the directions and instruction of any subordinate
engineers, supervisors or inspectors so appointed, when such
directions and instructions are consistent with the obligations
of this Agreement and the accompanying plans and specifications;
provided, however, should the Contractor object to any order by
any subordinate engineer, supervisor or inspector, the Contractor
may within six (6) days make written appeal to the Engineer for
his decision.
2.04 CONTRAMOR's D'OTY AND SUPERINTENDENCEs The Contractor shall
give personal attention to the faithful prosecution and completion
of this contract and shall keep on the work, during its progress,
3
a competent superintendent and any necessary assistants, all
satisfactory to the Engineer. The superintendent shall represent
the Contractor in his eLeence and all directions given to him
shall be as binding as if given to the Contractor. Important
directions shall be confirmed in writing to the Contractor. Other
directions shall be so confirmed on written request in each case.
2.05 CONTRACTOR'S UNDERSTANDING: It is understood and agreed
that the Contractor has, by careful examination, satisfied himself
as to the nature and location of the work, the conformation of the
ground, the character, quality and quantity of the materials to
be encountered, the character of equipment and facilities needed
preliminary to and during the prosecution of the work, the general
and local conditions, and all other matters which can in any way
affect the work under this contract. No verbal agreement or
conversation with any officer, agent or employee of the Owner,
either before or after the execution of this contract, shall affect
or modify any of the terms or obligations herein contained.
2.06 CHARACTER OF WORKMEN: The Contractor agrees to employ only
orderly and competent men, skillful in the performance of the type
of work required under this contract, to do the work; and agrees
that whenever the Engineer shall inform him in writing that any
man or men on the work are, in his opinion, Incompetent, unfaith-
ful or disorderly, such man or men shall be discharged from the
work and shall not again be employed on the work without the
Engineer's written consent.
2.07 CONTRACTOR'S BUILDING: The building of structures for
housing men, or the erection of tents or other forms of protection,
will be permitted only at such places as the Engineer shall direct,
and the sanitary conditions of the grounds in or about such struc-
tures shall at all times be.maintained in a:mantier satisfactory
to the Engineer,
2.08 SANITATION: Necessary sanitary conveniences for the use of
laborers on the work, properly secluded from public observation,
shall be constructed and maintained by the Contractor in such
manner and at such points as shall be approved by the Engineer,
and their use shall be strictly enforced.
2.09 SHOP DRAWINGS: The Contractor shall submit to the'Etigineer,
with such promptness as to cause no delay in his own work or in
that of any other Contractor, four copies, unless otherwise speci-
fied, of all shop and/or setting drawings and schedules required
for the work of the various trades, and the Engineer shall pass
upon them with reasonable prcmptness, making desired corrections,
The Contractor shall make any correction required by the Engineer,
file with him two corrected copies and furnish such other copies
as may be needed. The Engineer's approval of such drawings or
4
schedules shall not relieve the Contractor from responsibility
for deviations from drawings or specifications, unless he has in
writing called the Engineer's attention to such deviations at
the time of submission, nor shall it relieve him from responsibility
for deviations for errors of any sort in shop drawings or schedules.
.10 PRELIMINARY APPROVAL: The Engineer shall not have the power
Lo waive the obligations of this contract for the furnishing by
the Contractor of good material, and of his performing good work
as herein described, all in full accordance with the plans and
specifications. No failure or omission of the Engineer to condemn
any defective work or materiai. shall release the Contractor from
the obligations ;:o at once tear out, remove and properly replace
the same at any time prior to final acceptance upon the discovery
of said defective work or material; providea, however, t}at the
engineer shall, upon request of the Contractor, inspect and accept
or reject any material furnished, and in evenb the material has
been once accepted by tha Engineer, such acceptance shall be
binding on the Owner, unless it can be cleaily shown that such
material furnished does not meet the specifications for this work.
Any questioned work may be ordered taken up or removed for re-
examination, by the Engineer, prior to final acceptance, and if
found not is accordance with the specifications for said work,
all expense of removing, re-examination and replacement shall be
borne by the Contractor, othctwise the expense thus incurred shall
be allowed as Extra Work, and shall be paid for by the owner;
prov:.ded that, where inspection or approval is specifically re-
quired by the specifications prior to performance of certain work,
should the Contractor proceed with such work regaceting prior
inspection or approval he shall bear all expense of taking up,
removing, and replacing this work, if so directed by the Engineer.
2.11 DEFECTS AND THEIR REMEDIES: It is further agreed that if
the work or any part thereof, or any material brought on the site
of the work for use in the work or selected for the same, shall
be deemed by the Engineer as unsuitable or not in conformity with
the specifications, the Contractor shall, after receipt of written
notice thereof from the Engineer, forthwith remove such material
and rebuild or otherwise remedy, such work so that it shall be in
full accordance with this contract.
2.12 CHANGES AND ALTERATIONS: The Contractor further agrees that
the owner may make such changes and alterations as the Owner may
see fit, in th4 line, grade, form, dimensions, plans, or materials
for the work herein contemplated, or any part thereof, either
before or after the beginning of the constructbn, without affect-
ing the validity of this contract and the accompanying performance
and payment bonds.
5
If such changes or alterations diminish the quantity of the work
to be done, they shall not constitute the basis for a claim for
damages, or anticipated profits on the work that may be dispensed
with, except as provided for unit price items under Section 5
"Measurement and Payment". If the amount of work is increased,
and the work can fairly be classified under the specifications,
such incoase shall be paid for according to the quantity actually
done and at the unit price, if any, established for such work
under this contract, except as provided for unit price items under
Section 5 "Measurement and Payment"; otherwise, such additional
work shall be paid for as provided under Extra Work. In case the
Owner shall make such changes or alterations as make useless any
work already done, of material already furnished or used in said
work, then the Owner shall recompense the Contractor for any
matc~:-ial or labor so used, and for any loss occasioned by such
change, due to actual expenses incurred in preparation for the
work as originally'planned.
2.13 RIGHT OF ENGINEER To MQDIFY METHODS AND EQUIPMENT: If at any
time the methods or equipment used by the Contractor are for,nd to
be inadequate to secure the quality of work or the rate of progress
required under this contract, the Engineer may order the Contractor
in writing to increase their safety or imporve their character and
efficiency, and the Contractor shall comply with such order.
If at any time the working force of the Contractor is inadequate
for securing the progress herein specified, the Contractor shall,
if so ordered'in writing, increase his force or equipment, or both,
to such an extent as to five reasonable assurance of compliance
with the schedule of progress.
3. GENERAL OBLIGAi'IONS AND RESPONSIBILITIES
3.01 KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE: The Eng+neer
shall furnish the Contractor with an adequate and reasonable number
of copies of all plans and specifications without expense to him,
and the Contractor shall keep one copy of the same constantly
accessible on the work, with the latest revisions noted thereon.
3.02 OWNERSHIP OF DRAWINGSs All drawings, specifications and
copies thereof furnished by the Engineer shall not be reused on
other work, and, with the exception of the signed contract sets,
are to be returned to him on request, at the completion of the
workA Alf models are the property of the Owner.
3.03 ADEQUACY OF DESIGN: it !a understood that the owner believes
he has employed competent engineers and designers. It is, there-
fore, agreed that the owner shall be responsible for the adequacy
of the design, sufficiency of the Contract Documents, the safety
of the structure and the practicability of the operations of the
6
completed project; provided, the Contractor has complied with the
requirements of the said Contract Documents, all approved modifi-
cations thereof, and additions and alterations thereto approved
in writing by the Owner. The burden of proof of such compliance
shall be upon the Contractor to show that he has complied with
the said requirements of the Contract Documents, approved modifi-
cations thereof and all approved additions and alterations thereto.
3.04 RIGHT OF ENTRY: The owner reserves the right to enter the
property or location on which the works herein contracted for are
to be constructed or installed, by such agent or agents as he may
elect, for the purpose of supervising and inspecting the work, or
for the purpose of constructing or installing such collateral work
as said owner may desire.
3.05 COLLATERAL CONTRACTS: The Owner agre!, to provide,by separate
contract or otherwise, all labor and material essential to the
completion of the work specifically excluded from this contract,
in such manner as not to delay the progress on the work, or damage
said Contraqtor, except where such delays are specifically sgentioned
elbe,Aere in the Contract Documents.
3.06 DISCREPANCIES AND OMISSIONS: It is further agreed that it
is the intent of this contract that all work must be done and all
material must be furnished in accordance with the generally accepted
practice, a,d in the event of any discrepalcies between the separate
+ contract documents, specifications,or drawings, the Engineer shall
define which is intended to apply to the work.
3.07 EQUIPMENT, MATERIALS AND CONSTRUCTION PLANT: The Contractor
shall provide all tools, equipment, machinery, materials, and
construction plant and facilities necessary in the prosecution and
completion of the contract, except as otherwise specifically set
forth to be provided by the owner. The Contractor shall be respon-
sibie for the care, preservation, conservation, and protection of
all tools, apparatus, accessories, facilities, all means of construc-
tion, and any and all parts of the work whether the Contractor has
been paid, partially paid, or not paid for such work, until the
entire work is completed and accepted.
3.08 DAMAGESs In the event, the Contractor is damaged in the
course of the completion of the work by the act, neglect, omission,
mistake, or default of the Owner, or of the Engineer, or of any'
other Contractor employed by the owner upon the work, therby
causing loss to the Contractor, the Owner agrees that he will reim-
burse the Contractor for such loss. In the event, the Owner is
damaged in the course of the work by the act, negligence , omission,
mistake, or default of the Contractor, or should the Contractor
unreasonably delay the progress of the work being done by others
on the job so as to cause loss for which the Wner becomes liable,
then the Contractor shall reimburse the owner for.such loss.
7
3.09 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC: The
Contractor shall take out and procure a policy or policies of work-
men's compensation insurance with an insurance t:ompany licensed
to transact business in the State of Texas, which policy shall
comply with the Workmen's Compensation Law of the State of Texas.
The Contractor shall at all times exercise reasonable precautions
for the safety of employees and others on or near the work and
shall comply with all applicable provisions of Federal, State and
Municipal safety laws and building and construction codes. All
machinery and equipment and other physical hazards shall be
guarded in accordance with the "Manual of Accident Prevention in
Construction" of the Associated General Contractors of America,
except where incompatible with Federal, State, or Municipal laws
or regulations. The Contractor shall provide such machinery
guards, safe walk-ways, ladders, bridges, gangplanks, and other
safety devices as may be required by the Engineer as requisite to
the prevention of accidents. The Contractor and his Sureties
shall indemnify and save harmless the Owner and all his officers,
agents, and employees from all suits, actions, or claims of any
character, name and description brought for or on account of any
injuries or damages received or sustained by any person or
persons or property, on account of any negligent act or fault
of Contractor, his agents or employees, in the execution of said
contract; or on account of the failure of the Contractor to
provide necessary barricades, warning lights or signs; and will
be required to pay any judgment, with costs, which may be obtained
against the Owner growing out of such injury or damage.
3.10 PERFORMANCE AND PAYMENT BONDS: Unless otherwise specified,
it is further agreed by the parties to this Contract that the
Contractor will execute separate performance and payment bongs,
each in the sum of one hundred (100) per cent of the total con-
tract price, on standard forms for this purpose, guaranteeing
faithful performance of the work and the fulfillment of any
guarantee+s required, and further guaranteeing payment to all
persons supplying labor and materic-as or furnishing him any equip-
ment in the execution of the Contract, and it is agreed that thib
Contract shall not be in effect until such performance and payment
bonds are furnished and approved by the Owner.
Unless otherwise approved in writing bythe owner, the surety
cf)mpany underwriting the bonds shall be acceptable according to
the latest list of companies holding certificates of authority
from the Secretary of the Treasury of the United States.
i
Unless otherwise specified, the cost of the premium for the
performance and payment bonds shall be included in the Contractor's,
proposal.
3.11 LOSSES FROM NATURAL'CAUSES: Unless o'..herwise specified,
all loss or damage to the Contractor arising out of the nature of
the work to be done, or from the action of the elements, or from
any unforseen circumstances in the prosecution of the same, or
from unusual obstructions or difficulties which may be encountered
in the prosecution of the work, shall be sustained and borne by
the Contractor at his own cost and expense.
3.12 PROTECTION OF ADJOINING PROPERTY: The said Contractor shall
take proper means to protect the adjacent or adjoining property
or properties in any way ergcountered, which might be injured or
seriously affected by any process of construction to be under-
taken under this agreement, from any d::,nage or injury by reason
of said process of construction; ar:] he shall be litble for any
and all claims for such damage on account of his failure to fully
protect all adjoining property. The Contractor agrees to indemnify,
save and hold harmless the owner against any claims for damages
due to any injury to any adjacent or adjoining property, arising
or growing out of the performance of the contract; but any such
indemnity shall not a0ply to any-claim of any kind arising out of
the existence or character of the work.
3.13 PROTECTION AGAINST CLAIMS OF SUB-CONTRACTORS, LABORERS
MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES:
The Contractor agrees that he will indemnify and save the owner
harmless from all claims growing out of the lawful demands of
sub-contractors, laborers, workmen, raechanics, materialmen, and
furnishers of machinery and parts thereof, equipment, power tools,
and all supplies, including commissary, incurred in the further-
ance of the performance of this contract. When so desired by the
Owner, the Contractor shall furnish satisfactory evidence that
all obligations of the nature hereinabove designated have been
paid, discharged or waived. If the Contractor fails so to do,
then the owner may at the option of the Contractor either pay
directly any unpaid bills, of which the Owner has written notice,
or withhold from the Contractor's unpaid compensation a sum of
money deemed reasonably sufficient to liquidate any and all such
lawful claims until satisfactory evidence is furnished that all
liabilities have been fully discharged; where upon payments to
the Contractor shall be resumed in full, in accordance with the
terms of this contract, but inno event shall the provisions of
this sentence be construed to impose any obligation upon the
Owner by either the Contractor or his Surety.
3.14 PROTECTION AGAINST ROYALT7ES OR PATENTED INVENTION: The
Contractor shall pay all royalties and license fees, and shall
provide for the use of any design, device, material or process
covered by letters patent or copyright by suitable legal agree-
ment with the patentee or Owner. The Contractor shall defend
all suits or claims for infringement of any patent or copyright
rights and shall indemnify and save the Owner harmless from any
loss on account thereof, except that the owner shall defend all
9
such suits and claims and shall be responsible for all such
loss when a particular design, device, material, or process,
or the product of a particular manufacturer or manufacturers
is specified or required by the Owner; provided, however, if
choice of alternate design, device, material,.or process is
allowed to the Contractor, then Contractor shall indemnify and
save Owner harmless from any loss on account thereof. If the
material or process specified required by the Owner is an in-
fringement, the Contractor shall be responsible for such loss
unless he promptly gives such information to the Owner.
3.15 LAWS AND ORDINANCES: The Contractor shall at all times
observe and comply with all Federal, State and local laws, ordin-
ances and regulations, which in any manner affect the Contract
or the work, and shall indemnify and save harmless the owner
against any claim arising from the violation of any such laws,
ordinances, and regulation, whether by the Contractor or his
employees, except where such violations are called for by the
provisions of the Contracts Documents. If the Contractor
observed that the plans and specifications are at variance there-
with, he shall promptly notify the Engineer in writing, and any
necessary changes shall be adjusted as provided in the contract
for changes in the work. If the Contractor performs any work
knowing it to be contrary to such laws, ordinances, rules and
regulations, and without such notice to the Engineer, he shall
bear all costs arising therefrom. In case the Owner is a body
politic and corporate, the law from which it derives its powers,
inoofar as the same regulates the objects for which, or the manner
in which, or the conditions under which the Owner may enter into
contract, shall be controlling, and shall be considered as part
of this contract, to the same effect as though embodied herein.
3.16 ASSIGNMENT AND SUBLETTING: The Contractor further agrees
that he will retain personal control and will give his personal
attention to the fulfillment of this contract and that he will
not cssign by Power of Attorney, or otherwise, or sublet said
contract without the written consent of the Owner, and that no
part or feature of the work will lie sublet to anyone objection-
able to thF. Engineer or the Owner. The Contractor further agrees
that the subletting of any portion or feature of the work, or
materials required in the performance of this contract, shall
not relieve the Contractor from his full obligations-to the
Owner, as provided by this Agreement.
3.17 CONTRACTOR'S AND SUB-CONTRACTOR'S INSURANCE: The Contractor
shall not commence work under this contract until he has obtained
all the insurance required under the following sub-paragraphs and
such insurance has been approved by the Owner, nor shall the
Contractor allow any sub-conizactor to commence work on a sub-
contract as required for the Contractor.
10
3.171 COMPENSATION INSURANCE: The Contractor shall procure and
shall maintain during the life of this contract Workmen's Compen-
sation Insurance for all of his mployees to be engaged in work
on the project under this contract and, in case of any such work
sublet, the Contractor shall require the sub-contractor similarly
to provide Workmen's Compensation insurance for all of the latter's
employees to be engaged in such work, unless such employees are
covered by the protection afforded by the Contractor's Workmen's
Compensation Insurance. In case any class of employees engaged
in hazardous work on the project under this contract is not
protected under the Workmen's Compensation Statue, the Contractor
shall provide and shall cause each sub-contractor to provide
adequate Employer's General Liability Insurance for the protection
of such of his employees not otherwise protected.
3.172 CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE:
The Contractor shall procure and shall maintain during the life of
this contract Contractor's Public Liability Insurance in an amount
not less than $50,000 for injuries, including accidental death, to
any one.-person, and subject to the same limit for each person,
in ai`-amount not less than $100,000 on account of one accident, and
Contractor's Property Damage Insurance in an amount of not less
than $25,000 on account of one accident and $50,000 aggregate.
3.173 ADDITIONAL LIABILITY: The Contractor shall furnish insur-
ance as separate policies or by additional endorsement to one of
the above mentioned policies, and in the amount as set forth for
public liability and property damage, the following insurence:
a. Contingent Liability
b. Blasting, prior to any blasting being done.
c. Collapse of buildings or structures adjacent to excav-
ation (if excavations are to be performed adjacent to
same).
d. Damage to underground utilities.
e. Builders risk (where above-ground structures are
involved).
3.174 AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE.-
The Contractor shall procure and maintain, during the life of
this contract, Automobile Insurance in an amount not less than
$25,000 for injuries, including accidental death, to any one person
and subject to the same limit for each person, an amount not less
than $50,000 on account of one accident, and automobile property
damage insurance in an amount not less than $5,000.
3.175 SCOPE OF INSURANCE AND SPECIAL HhZARD: The Insurance
required under the above paragraphs shall.provide adequate pro-
tection fnr the Contractor and his sub-contractors, respectively,
against damage claims which may arise from operations under this
contract, whether such operations by the insured or by any one
11
directly or indirectly employed by him. Insuranco also shall be
provided against special hazards, if any, as may be set forth in
the Special Conditions or Special Provisions, ar elsewhere in
these Contract Documents.
3.176 PROOF OF CARRIAGE OF INSURANCE: The Contractor shz:? 1
furnish the Owner with satisfactory proof of coverage by insur-
ance required in these Contract Documents in amounts and by
carriers satisfactory to the Owner. Proof of carriage of insur-
ance by sub-contractors shall be furnishes
4. PROSECUTION AND PROGRESS
4.01 TIME AND ORDER OF COMPLETION: It is the meaning and intent
of this contract, unless otherwise herein specifically provided,
that the contractor shall be allowed to prosecute his work at
such times and seasons, in such order of precedence, and in such
manner as shall be most conductive to economy of construction;
provided, however, that the order and the time of prosecution
shall be such that the work shall be substantially completed as
a whole and in part, in accordance with this contract, the plans
and specifications, and within the time of completion designated
in the Proposal; provided, also that when the Owner is having
other work done, either by contract or by his own force, the
Engineer may direct the time and manner of constructing the work
done under this contract, so that conflict will be avoided and
the construction of the various works being done for the owner
shall be harmonized.
The Contractor shall submit, at such times as may reasonably be
requested by the Engineer, schedules which shall show the order in
which the Contractor proposed to carry on the work, with dates in
which the Contractor will start the several parts of the work,
and estimated dates of completion of the several parts,
4.02 EXTENSION OF TIME: Should the Contractor be delayed in
the completion of the work by any act or neglect of the Owne, or
Engineer, or of any employees of either,or by other contractors
employed by the Owner, or by changes ordered in the work, or by
strikes, lockouts, fires, and unusual delays by common carriers,
or unavoidable cause or causes beyond the Contractor's control,
or by any cause which the Engineer shall decide justifies the
delay, then an extension of time shall be allowed for completing
the work, sufficient to compensate for the delay, the amount of
the extension to be determined by the Engineer; provided, however,
that the Contractor shall give the Engineer prompt notice in
writing of the cause of such delay.
4.03 HINDRANCES AND DELAYS: No claims shall be made by the
Contractor for damages resulting from hindrances or delays from
any cause (except where the work is stopped by order of the owner)
12
during the 2rogress of any portion of the work embraced in this
contract. In case said work shall be stopped by the act of the
owner, then such expense as in the judgment of the Engineer is
caused by such stoppage of said work shall be paid by the Owner to
the Contractor.
4.04 LIQUIDATED DAMAGES: The Contractor agrees that time is of
the essence of this contract, and that for each clay of delay
beyond the number of days herein agreed upon for the completion
of the work herein specified and contracted for (after due
allowance for such extension of time as is provided for under
Extension of Time hereinabove), the Owner may withhold permanently
from the Contractor's total compensation, the sum set forth in
the Special Conditions or Special Provisions (or as elsewhere set
forth in these Contract. Documents), as stipulated liquidated
damages for such delay.
5. MEASUREMENT AND PAYMENT
5.01 QUANTITIES AND MEASUREMENTS: No extra or customary measure-
ments of any kind will be allowed, but the actual measured and/or
computed length, area, solid contents, number, and weight only
shall be considered, unless otherwise specifically provided.
5.02 ESTIMATED QUANTITIES: This Agreement, including the
specifications, plans and estimate, is intended to show clearly
all work to be done and material to be furnished hereunder. Where
the estimated quantities are shown for the various classes of
work to be done and material to be furnis:ed under this Contract,
they are approximate and are to be used only as a basis for
estimating the probable cost of the work and,for comparing the
proposals offered for the work. Itis understood and agreed that
the actual amount of work to be done and material to be furnished
under this contract may differ somewhat from these estimates, and
that where the basis for payment under this contract is the unit
price method, payment shall be for the actual amount of such
work done and the material furnished.
Where payment is based on the unit price method, the Contractor
agrees that he will make no claim for damages, anticipated profits
or otherwise on account of any differences which may be found
between the quantities of work actually done, the material actually
furnished under this contract and the estimated quantities contem-
plated and contained in the propor.A; provided, however, that in
case the actual quantity of any item should become as much as i5%
more than, or 25% less than the estimated cr contemplated quantity
for sucli items, then either party to this Agreement, upon demand,
shall be entitled to a revised consideration upon the portion of
the work above or below 25% of the estimated quantity.
13
Any revised consideration in to be determined by agreement between
the parties, otherwise by the terms if this Agreement, as provided
under "Extra Work".
5.Q3 PRICE OF WORK: In consideration of the furnishing of all the
necessary labor, equipment and material, and the completion of all
work by the Contractor, and on the completion of all work and of
the delivery of a'..1 material embraced in this contract in full
conformity with the specifications and stipulations herein con-
tained, the owner agrees to pay the Contractor the prices set
forth in the Proposal hereto attached, which has been made a part
of this contract. The Contractor hereby agrees to receive such
prices in full for furnishing all material and all labor required
for the aforesaid work, also for all expense incurred by him, and
for well and truly performing the same and the whole thereof in
the manner artd according to this Agreement, the attached specifi-
cations and requirements of the Engineer,
5.04 PARTIAL PAYMENTS: On or before the 10th day of each month
the Engineer shall prepare a statement showing as completely as
practicable the total value of the work done by the Contractor up
to and including the last day of the preceding month; said state-
ment shall also include the value of all sound materials delivered
on the site of the work that are to be fabricated into the work.
The Owner shall then pay the Contractor on or before the 15th
day of the current month the total amount of the Engineer's
statement, less 10 per cent of the amount thereof, which 10 per
cent shall be retained until final payment, and further less all
previous payments and all further sums ig understood, however,
that in case the whole work be near to completion and some unexpect-
ed and unusual delay occurs due to no fault or neglect on the part
of the Contractor, the Owner may upon written recommendation of
the Engineer ;gay a reasonable and equitable portion of the
retained percentage to the Contractor; or the Contractor, at the
Owneu's option, may be relieved of the obligation to fully complete
the-work and, thereupon, the Contractor shall receive payment of
the balance due him under the contract subject only to the condi-
tions stated under "Final Payment".
5.05 USE OF COMPLETED PORTIONS: The Owner shall have the night
to take possession of and use any completed or partially completed
portions of the work, notwithstanding the time for completing the
entire work or such portions may not have expired, but such taking
possession and use shall not be deemed an acceptance of any work
not completed in accordance with the Contract Documents. If such
prior use increases the cost of or delays the work, the Contractor
shall be entitled to such extra compensation, or extension of
timb, or both, as the Engineer may determine.
I
14
I
5.06 FINAL COMPLETION AND ACCEPTANCE: Within ten (10) days after
the Contractor has given the Engineer written notice that the work
has been completed, or substantially completed, the Engineer and
the Owner shall inspect the work and within said time, if the
• work be found to be completed or substantially completed in accord-
ance with the Contract Documents, the Engineer shall issue to the
Owner and the Contractor his Certificate of Completion, and there-
upon it shall be the duty of the Owner withinlthe (10) days to
issue a certificate of Acceptance of the work to the Contractor.
5.07 FINAL PAYMENT: Upon the issuance of the Certificate of
Completion, the Engineer shall proceed to make final measure-
ments and prepare final statement of the value of 311 work per-
formed and materials furnished under the terms of the Agreement
and shall certify same to the Owner, who shall pay to the
Contractor on or after the 30th day, and before the 35th dap,
after the date of the Certificate of Completion, the balance due
the Contractor under the terms of this Agreement, provided he
has fully performed his contractual obligations under the terms
of this contract; and said payment shall become due in any event
upon ebid performance by the Contractor. Neither the Certificate
of Acceptance nor the final payment, norany provision in the
Contract Documents, shall relieve the Contractor of the obligation
for fulfillment of any warranty which may be required in the
Special Conditions of the Specifications.
5.08 PAYMENTS WITHHELD: The Owner may, on account of subse-
quently discovered evidence, %Athho'ld or nullify the whole or
part of any certificate to such extent as may be necessary to
protect himself from loss on account of:
a. Defective work not remedied.
b. Claims filed or reasonable evidence indicating probable
filing or claims.
C. Failure of the Contractor to make payments properly to
sub-contr9ctors or for material or labor.
d. Damage to another contractor.
When the above grounds are removed, or the Contractor provided
a Surety Bond satisfactory to the Owner, which will protect the
Owner in the amount withheld, payment shall be made for amounts
withheld because of them.
5.09 DELAYED PAYMENTS: Should the Owner fail to make rayment to
the Contractor of the sum named in any partial or final statement,
when payment is due, or should the Engineer fail to issue any
statement on or*before the date above provided, then the owner
shall pay to the Contractor, in addition to the eum shown as
due by such statement, interest thereon at the rate of six (6)
per cent per annum, unless otherwise specified, from date due as
15
provided under "Partial Payments" and Final Payments", until
fully paid, which shall fully liquidate any injury to the Con-
tractor growing out of such delay in payment, but the ri-'At is
expressly reserved to the Contractor in the event payments be
not promptly made, as provided tinder "Partial Payments", at any
time thereafter to treat the contract as aLandoned by the owner
and recover compensation, as provided under "Abandonment of
Contract". unless such payments are withheld in accordance with
the provisions of "Payments Withheld'.
6. EXTRA WORK AND CLAIMS
6.01 EXTRA WORK: It is agreed that the Contractor shall perform
all Extra Work under the direction of the Engineer when presented
with a Written Work Order signed by the Engineer, subject however,
to the right of the Contractor to require a written confirmation
of ssch Extra Work Order by the Owner. It is also agreed that
the compensation to be paid the Contractor for performing said `
Extra Work shall be determined by one or more of the following
methods:
Method A - By agreed unit prices; or
Method B - By agreed lump sum; or
Method C - If neither Method A nor Method B be agreed upon
before the Fxtra Work is commenced, then the
Contractor shall be paid the "actual field cost"
of the work, plus fifteen (15) per cent.
In the event,said Extra Work be performed and paid for under
Method C, then the provisions of this paragraph shall apply and
the "actual field cost" is hereby defined to include the cost of
all workmen, such as foremen, timekeepers, mechanics and laborers,
and materials, supplies, teams, trucks, and rentals on machinery
and equipment, for the time actually employed or used on such
Extra Work, plus actual transportation charges necessarily incurred
tdgether with all power, fuel, lubricants, water, and 0-filar
operating expenses, also all necess2ry incidental expenses incurred
directly on account of such Extra Work, including Social Security',
Old Age Benefits and other payroll taxes, and a rateable proportion
of premiums on Performance and Payment Bonds, and Maintenance Bonds,
and on Public Liability and Property Damage, and workmen's Compen-
sation, and all other insurance as may be required by any law or
ordinance, or directed by the Engineer or owner, or by them agreed
to. The Engineer may direct the form in which accounts of the
"actual field cost" shall be kept and the records of these accounts
shall be made available to the Engineer. The Engineer may also
specify in writing, before the work commences, the method of doing
the work and the type and kind of machinery and equipment to be
used; otherwise these matters shall be determined by the Contractor.
Unless otherwise agreed upon, the prices for the use of machinery
lb
i
and equipment shall be determined by using 100 por cent, unless
otherwise specified, of the latest schedule of Equipment Owner-
ship Expense adopted by the Associated General Contractors of
America. Where practicable the terms and prices for the use of
• machenery and equipment shall be incorporated in the Written
Extra Work Order. The fifteen (15%) per cent of the "actual
field cost" to be paid the Contractor shall cover and compensate
him for his profit, overhead, general superintendence and field
office expense, and all other elements of cost and expense not
embraced within the "actual field cost" as hereindefined, save
that where the Contractor's Camp or Field Office must he main-
tained primarily on account of such Extra Work; then the cost to
maintain and operate the same shall be included in the "actual
field cost".
No claim for Extra Work of any kind will be allowed unless ordered
in writing by the Engineer. In case any order: or instructions,
either oral or written, appear to the Contractot in involve Extra
Work for which he should receive compensation or an adjustment in
the construction-time, he shall make written request to the Engineer
for written order authorizing such Extra Work. Should a difference
of opinion arias as to what does or does not constitute Extra Work,
or as to the payment therefor, and the Engineer insists upon its
performance, the Contractor shall proceed with the work after
making written request for written order and shall keep an accurate
account of the "actual field cost" thereof, as provided under
Method C. The Contractor will thereby perserve the right to sub-
mit the matter of payment to arbitration, as hereinbelow provided.
',►.02 TIME OF FILING CLAIMS: It is further agreed by both parties
hereto that all questionscf dispute or adjustment presented by
the Contractor shall be in writfng and filed with the Engineer
within thirty (30) days after the Engineer has given any directions,
order or instruction to which the Contractor desires to take excep-
tion. The Engineer shall, within a reasonable time, reply to such
written exceptions by the Contractor and render his final decision
in writing. In case the Contractor should appeal from the Engineer's
decision, and demand for arbitration shall be filed with the
Engineer and the Owner in writing within ten (10) days after the
date of delivery to Contractor of the Engineer's final decision.
It is further agreed that final acceptance of the work by the
Owner and the acceptance by the Contractor of the final payment
shall be a bar to any claims by either party, except where noted
otherwise in the Contract documents.
6.03 ARBITRATION: All questions of dispute under this Agreement
shall be submitted to arbitration at the request of either party
to the dispute. The parties may agree upon one arbiter; otherwise,
there shall be three, one named in writing by each party, and the
third chosen by the two arbiters so selected; or if the arbiters
fail to select a thiA within ten (10) days, he shall be chosen
17
i
by a District Judge serving the County in which the majorportion
of the project is locdted, unless otherwise specified. Should
the party demanding arbitration fail to name an arbiter within
ten (10) days, the Engineer shall appoint such arbiter. Should
either party Tefuse or neglect to supply the arbiters with any
papers or iniormation demanded in writing, the arbiters are
empowered by both parties to take ex parts proceedings.
The arbiters shall act with promptness. The decision of any two
shall be binding on both parties to the contract. The decision of
the arbiters upon any question submitted to arbitration under this
contract shall be a condition precedent to any right of legal
action. The decision of the arbiter or arbiters may be filed in
count to carry it into effect.
The arbiters, if they deem the case demands it, are authorized to
award the party whose contention is sustained, such sums as they
deem proper for the time, expense and trouble incident to the
appeal, and if the appeal was taken without reasonable cause, they
may award damages for any delay occasioned thereby. The arbiters
shall fix their own compensation, unless otherwise provided by
agreement, and shall assess the cost and charges of the arbitration
upon either or both parties. The award of the arbiters must be
made in writing.
7. ABANDONMENT OF CONTRACT
7.01 ABANDONMENT BY CONTRACTOR: In Case the Contractor should
abandon and fail or reftse to resume work within ten (10) days
after written notifica;:ion from the Owner, or the Engineer, or
if the Contractor fails to comply with the orders of the Engineer,
when such orders are consistent with the Contract Documents, then,
and in that case, where performance and payment bonds exist, the
Surety on the bonds shall be notified in writing and directed to
complete the work, and a copy of said notice shall be delivered
to the Contractor,
After receiving said notice of .abandonment, the Contractor shall
not remove from the work any machinery, equipment, tools, materials,
or supplies then on the job, but the same, together with any
materials, and equipment under contract for the work, may be held
for use on the work by the owner or the surety on the performance
and payment bonds, or another contractor in completion of the
work; and the Contractor shall not receive any rental or credit
therefor (except when used in connection with Extra Work, where
credit shall be allowed as provided for under Section 6, Extra
Work and Claims), it being understood that the use of such equip-
ment and materials will ultimately reduce the cost to complete
the work and be reflected ih the final settlement.
18
s.
Where there is no performance bond provided or in case the Surety
should fail to commence compliance with the notice for completion
hereinbefore provided for, within ten (10) days after service of
such notice, then the owner may provide for completion of the work
in either of the following elective manners:
7.011 The Owner may thereupon employ such force of men and
use such machineery, equipment, tools, materials, and supplies as
said owner may deem necessary to complete the work and charge the
oxpense of such labor, machinery, equipment, tools, materials, and
supplies to said Contractor, and expense so charged shall be de-
ducted and paid by the owner out of such moneys as may be due, or
that may thereafter at any time become due to the Contractor under
and by virtue of this Agreement. In case such expense is less
than the sum which would have been payable under this contract
if the same had been completed by the Contractor, then said Con-
tractor shall receive the difference. In case such expense is
greater than the sum which would have been payable under this
Contract if the same had been completed by said Contractor, then
the contractor and/or his Surety shall pay the amount of such
excess to the Owner; or
7.012 The Owner, under sealed bids, after five (5) days
notice published one or more times in a newspaper having yeneral
circulation in the county of the location of the work, may let the
contract for the completion of the work under substantially the
same terms ank' conditions which are provided in this contract. In
case of any increase in cost to the Owner under the new contract
as compared to what would have been the cost under this contract,
such increase shall be charged to the Contractor and the Surety
shall be and remain bound therefor. However, should the cost to
complete any such.new contract prove to be less than what would
have been the cost to complete under this contract, the Contractor
and/or his Surety shall be credited with the difference.
When the work shall have been substantially completed the Con-
tractor his Surety shall be so notified and Certificates of
Completion and Acceptance, as provided in Paragraph 5.06 herein-
above, shall be issued. A complete itemized statement of the
contract amounts, c,rtified to by the Engineer as being correct,
shall then be prerared and delivered to the Contractor and his
Surety, whereupon the Contractor and/or his Surety, by said
statement, within fifteen (15) days after the date of such
Certificate of Completion.
In the event, the statement of accounts shows that the cost to
complete the work is less than that which would have been the cost
to the owner had the work been completed by the Contractor under
the terms of this Contracts or when the Contractor and/or his
Surety shall pay the balance shown to be due by thehk to the Owner,
then all machinery, equipment, tools, materials, o- supplies left
19
on the site of work shall be turned over to the Contractor and/or
his Surety. Should the, coat to complete the work exceed the
contract pr;,-e, and the Contractor and/or his Surety fail to pay
the amount . i the Owner within the time designated hereinabove,
and there remains any machinery, equipment, tools, materials, or
supplies on the site of work, notice thereof, together with an
itemized list of such equipmentand maietials,,'shall be mailed
to the Contractor and his Surety at the respective addresses
designated in this contract; provided, however, that actual written
notice given in any manner will satisfy this condition. After mail-
ing, or other giving of such notice, such property shall be held
at the risk of the Contractor and his Surety subject only to the
duty of the Owner to exercise ordinary care to protect such pro-
perty. After fifteen (15) days from the date of said notice the
owner may sell such machinery, equipment, tools, materials or
supplies and apply the net sum derived from such sale to the
credit of the Contractor and his Surety. Such sale may be made
at either public or private sales, with or without notice, as
the Owner may elect. The owner shall release any machinery,
equipment, tools, materials, or supplies, which remain on the
work and belong to persons other than the Contractor or his Surety,
to their proper owners. The books on all operations provided
herein shall be open to the Contractor and his Surety.
7.02 ABANDONMENT BY OWNER: In case the Owner shall fail to
comply with the terms of this Contract, and should fail or refuse
to comply with said terms within ten (10) days after written
notification by the Contractor, then the Contractor may suspend
or wholly abandon the work, and may remove therefrom all machinery,
tools and equipment, and all materials on the site of work that
have not been included in payments to the Contractor and have not
been wrought into the work. And thereupon, the Engineer shall
make an estimate of the total amount earned by the Contractor,
which estimate shall include the value of all work actually com-
pleted by said Contractor (at the prices stated in th;; attached
proposal where unit prices are used), the value of all partially
completed work at a fair and equitable priog% and the amount of
all Extra Work performed at the prices aviceed?-upon, or provided
for by the terms of this contract, and reasonable sum to cover
the cost of any provisions made by the Contractor to carry the
whole work to completion and which cannot be utilized. The
Engineer shall then make a final statement of the balance due the
Contractor by deducting from the above estimate all previous
payments by the Owner, and all other sums that may be retained by
the Owner under the terms of this Agreement, and shall certify
sar- to the Owner, who shall pay to the Contractor, on or before
th (30) days after the date of the notification by the Contrac-
to) the balance shown by said final statement as due the Contractor
under the terms of this Agreement.
20
DETAIL SPECIFICATIONS
PROPOSED OFFICE AND BANGER BUILDING
FOR
AEROSMITH DENTON CORPORATION
CITY OF DENTON, TEXAS w OWNER
SECTION - 100 GENERAL
100.1 MATERIALS: These specifications are intended to be so written
that only materials of the beat quality and grade will be furnished.
The fact that the specifications may fail to be sufficiently complete
in some detail will not relieve the Contractor of full responsibility
for providing materials of high quality and protecting them adequately
until incorporation in the project. The specifications for materials
set out the minimum standard of quality which the Owner believes
necessary to procure a satisfactory project. No substitutions will
be permitted until the Contractor has received written permission of
the Engineer to maka a substitution for the materials which has been
specified.
100.2 WORKMANSHIP: These specifications contain detail instructions
and descriptions covering the major items of construction and workman-
ship necessary for building and completing the various units or elements
of the project. The specifications are intended to be ®o written.
that only first class workmanship and finish of the best grade and
quality will result. The fact that these specifications may fail to be
so complete as to cover all details will not relieve the Contractor
of full responsibility for providing a completed project of high
quality, first claw finish and appearance and satisfactory for opera-
tion, all within tht apparent intent of the plans and specifications.
100.3 HANDLING MATERIALS NOT APPROVED: The Contractor shall remove
from the site any materials found to be damaged and any materials not
meeting the specifications shall be taken off the site. These materials
shall be removed promptly, unless the Engineer will accept the materials
after repairing. Materials which are installed and found damaged or
not acceptable, shall be removed and replaced. Inspection before inst6lla-
tion shall not relieve the Contractor from responsibility to furnish good
quality materials.
100-1
r
s
100.4 STANDARD SPECIFICATIONS: All construction shall conform to the
applicable standard specifications of the City of Denton, Texas.
Bidders shall inspect the site of the proposed building and familiarize
themselves with all building and other codes and regulations which will
be imposed by the City of Denton for such projects.
100.5 PAYMENT: Payment shall be based on a lump sum bid and shall be
payable to the contraction upon the completion of the project acceptance
by the city. Payment shall be made by the issuance of time warrants as
stated in the notice to Bidders of these specifications.
100.6 LOCATION: The building will be erectea on the airport property
as shown on sheet #E3 of the attached plans s;hich are made a part of these
specifications.
100.1 The hangar building as described in these specifications and
drawings shall be erected to include the accessories as shown, including
skylight panels, hangar doors, door tracks, roof extension over the
hangar doors and sheeted door shrouds. Roof and wall sheeting as well
as sheeting of shrouds and guttering and downspouts and other trim
shall have a vinyl color coating as specified by the City of Denton.
Hangar doors shall operate on tracks set in concrete base.
100.2
SECTION 101 - EXCAVATION
101.1 Building site The contractur shall fine grade the area to be
covered by the building and level same ready to receive the three-
inch thick layer of cushion sand. Sand fill shall be spread so top
will be five inches below the level of the finished floor slay.
101.2 Foundations Piers shall be drilled of the size shown on the
plans and located at the column centers. Excavate for the spread
footings under the haydite block wall which separates the hangar from
the lean-to. Excavate for the concrete grade beams along the exterior
wall and under the haydite block wall, and for all tie beams.
101.3 Back Fill After concrete grade beams and tie beams have set
and forms have been removed, back-fill all trenches, using the
excavated material. Back-fill shall be well puddled and rammed
in place.
1Pi-l
SECTION 102 - CONCRETE WORK
102.1 All concrete shall be 3,000 pound, five sack, transit mix, and
shall be well puddled in piers, beams and footings. in placing concrete
in forms and over sand cushion, care shallbs exercised so that reinforcing
steel will not be disturbed.
102.2 Concrete floor slabs shall have a steel-trowelled finish and slab
in hangars shall have treatment of hardener and shall have a slight
pitch toward the floor drains. Hangar slab shall be saw-cut into rec-
tangles approximately forty by thirty feet in size.
102.3 Reinforcing steel in piers, beams and slabs shall be of the
sizes and spacing shown on the plans and in no case shall there be leas
than one and one-half inches coverage of concrete over any reinforcing
steel.
102.4 Forms for foundation beams shall be constructed of good lumber
without cracks or knot-holes and shall be the size shown on the plans.
They shall be well braced, straight and true and the tops of the beans
shall be level.
a
102-1
SECTION 103 - MASONRY
103.1 Partitions separating the hangar and lean-to and those enclosing
the offices, toilet rooms,, radio room and shop shall be constructed of
haydite blocks having the thickness shown on the plans.
103.2 Ladder type reinforcing shall be provided at every second course,
and the courses shall be laid up with cement mortar.
103.3 The top course of the 8-inch wall will consist of lintel blocks
filled with concrete and reinforced as shown on the plans.
103+1
SECTION 104 - STEEL BUILDING
104.1 Design: Structural steel sections and welded plate members shall
be designed in accordance with the RISC "Specifications for the Design,
Fabrication and Erection of Steel Buildings". All light gage cold formed
structural members shall be designed in accordance with AISI "Specifica-
tions for Design of light gage cold formed as-eel structural members".
104.2 Primary Structural Framing:
1. Steel used in fabrication of rigid frames, columns and tapered
beams shall have a minimum yield of 42,000 psi and shall conform
to minimum requirements of A 42, at manufacturers options.
2. All structural steel members shall be built-up welded shaped or
hot rolled sections.
3. Flanges and webs of built-up welded members shall be joined
by a continuous automatic submerged arc welding process. All
shop welding shall be by operators qualified as prescribed
in the "Standard Qualification Procedure of the American
welding Society".
104.3 Secondary Structural Members:
1. Steel used in fabrication of light gage cold formed structural
steel members shall have minimum yield of 50,000 psi. Purlins
and girts shall be precision formed "Z" sections frcm high
strength steel.
2. Lateral bracing to provide longitudinal rigidity against
wind forces shall be furnished with adjusting nuts on each
end.
104.4 Painting of Structural Members All members and parts shall be
thoroughly cleaned to remove all diri, grease, oil and loose mill scale
and shall be given one full shop coat of special high quality rust
inhibiting zinc chromate primer.
104.5 Field connections:
1. All building parts shall be shop punched for bolted field
assembly.
2. Rigid frame connection bolts shall be of high tensile steel
conforming to ASTH A-325 requirements.
3. Bolts for connection of secondary members shall be minimum
of ~ " Cadmium plated machine bolts.
104.6 Roof and Wall Covering:
1. Roof and wall panels shall be minimum 26 gauge galvanized deep
rib sheets. Galvanized steel covering shall have minimum zinc
coating of 1.25 oz. per square foot - in accordance with A.S.T.M.
A-446 or A-932. Colored paneling shall consist of high tensile
special alloy galvanized steel sheets, properly chemically cleaned
and de-greased before application of baked on enamel painting
to both sides of sheet.
104-1
104.7 General:
1. All materials furnished shall be within the standard industry
tolerances for that material as specified for the building and
the stated design conditions.
2. Foundation design shall be the responsibility of the buyer and
all materials and labor required for the foundation design will
be furnished by the buyer, unless otherwise specified. Anchor
bolts shall be set in strict accordance with manufacturers anchor
bolt setting plan.
3. Building manufacturer shall provide anchor bolt setting plans and
errection drawings as required to complete the building.
104.8 The interior walls of the lobby and offices shall be covered with
one-quarter inch thick pre-finished plywood, type as selected. The
plywood shall be attached to the walls by i" x 2" continuous nailing
strips attached to the girts and spaced not more than twenty-four inches
on centers.
104•Z
SECTION 105 - MISCELLANEOUS METAL
105.1 Furnish and install steel bar joists aver the area to be used
for offices, radio room and shop. Size, apszing shall be as shown on
the plans. After the insulation is place6 over the joists, install
a metal deck, 24-gauge in thickness.
105.2 Furnish and install steel door frames where shown on the plans,
same to be securely anchored to the haydite the walls and filled with
the necessary reinforcing for hinges and locks.
105.3 All windows shown on the pales shall be 3-feet by 4-feet in size,
double hung, aluminum, and shall be securely anchored to the walls with
the heads set at the same height as that of the doors.
105.4 The front entrance door shall be 3-feet by seven-feet in size
and shall have a borrowed light on each side 18 inches vide. Door and
side-lights shall be glazed with crystal plate glass. (Pittsburg Graylite
#51). Door, sidelights and frame shall be constructed of tubular aluminum.
105.5 Provide door closer and push bar for exterior door only.
105-1
SECTION 106 - INSULATION
106.1 Roof insulation shall be furnished and installed under the entire
roof area with the exception of the canopies over the hangar doors.
106.2 Insulation shall be approved fiber glass, blanket-type, one and
one-half inches thick and backed with white vinyl,
106.3 The insulation shall be supported above two-inch mesh. 20 Gauge
galvanized wire netting.
106.4 Insulation over the steel joists in the lean-to and in the exterior
wall of the offices, radio room and shop shall be approved fiber glass,
blanket-type, one and one-half inches thick and backed with white vinyl.
I
106-1
/ SECTION 107 - PAINTING
107,1 Wooden doors shall receive a shop coat .,f spar varnish on the top
and bottom edges, and one coat of primer paint before finish painting,
107.2 The hollow-core wood doors and metal frames in the haydite block
partitions shall be given two coats of enameled paint in color selected.
107.3 The interior surface of the haydite block walls in the office,
lobby and toilet areas shall be given two coats of water base paint.
107-11
SBCTION 108 - PLu RING
108.1 Plumbing work shall include furnishing and installing the
plumbing fixture shown in the two toilet rooms; the flour drains and
sand and grease trap in the hangar; and the septic tank and laterals to
be located adjacent to the hangar building in compliance with Denton
City Code.
108.2 The plumbing contractor shall dig the trenches necessary for the
laying of underground piping and after inspection and approval of his
work he shall back-fill the trenches, being careful to wet and tap all
fill in place.
108.3 Basis for bid on septic tank Ahall assume location within 24
feet of nearest outside wall of rest room location.
108.4 Water lines shall be extended to all points required from an
existing 1" water service pipe approximately 5 feet from the Building.
108-1
SECTION 109 - ELECTRICAL
109.1 This contract includes furnishing all labor and material required
to install the electric system indicated on the plans.
109.2 All work shall be done in conformance with the City of Denton's
specifications and with the provisions of the National Electrical Code,
and none of the work shall be covered until it has been inspected and
approved.
109.3 The contractor shall arrange with the public Service Company to
bring service to the building and for setting the meter, cutout, etc.
109.4 All wiring shall be run in rigid conduit from the service panel ,
to the various outlets throughout the building.
109.5 Base and wall outlets shall be duplex.
109.6 Light fixtures in the lean-to area shall be 4-foot two tube
flourescent. (Note that the shop area will not have ceiling fixtures.)
109.7 Light fixtures in the hangar shall be placed directly on the
bottom of the steel trusses and shall be 18" diameter Benjamin-type.
i
•
i
109-1'
Y.e'?•
ff SECTION 110 - ASPHALTIC PAVEMENT
110.1 The bid will include the installation of prime cost and 2
inches of Hot Mix Asphaltic Concrete on a base graded and laid by
the Denton Public Works Department, who will thus establish drainage
pattern for the master area.
110.2 Installation of prime coat and and asphalt surface course shall
be in accordance with the City of Denton standard specifications.
r,
A
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t
110-1
3
The above plans, specifications, bid, bid proposal, and/or drawings
are hereby approved by the contracting parties, and are incorporated
into and made a part of the general contract agreement by and between
Contractor and the City of Denton, called owner.
Dated and a orsed this I c r day of *-)(J y C H I!NE
A.D., 19
A A S Steel Buildings. Inc.
Contractor
By.; f _
CITY OF DENTON, TEXAS, OWNER
r,
10 ti •
By:
Robert L. Pearce
Director of Community Development
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Table of Contents
Sample Contract agreement
Notice to Bidders a-d
Information 6 Instruction to Bidders a-f i
Proposal,
g-h
General Conditions of Agreement 1-20
Detail Specifications:
O:neral 100
&xcavation 101
Concrete Work 102
Masonry 103
Steel Building 104
Miscellaneous Metal 105
Insulation 106 '
Painting 107 '
Plumhing i08
Electrical 109
A:;haltic Pavement 110
o;,,, TEXAS
COUNTY OF DENTON X
THIS AGREEMENT, made and onto -ed into this I_ day of
N6ver►ber , A.D. 1966 , by a id betw?en n A S steel 8u1ldinas. Ihc.
of the County of - arms Sta :c of Texas, Party of the First
Part, hereinafter called CONTRACT-0i, and the City of Denton, Texas,
a municipal corporation, of the County of Denton, State of Texas,
Party of the Second Part, hereinafter called OWNER,
WITNESSETHr
i .
That for and in consideration of the payments and agreements
hereinafter mentioned to be made and performed by owner, and under
the conditions expressed in the bond bearing even date herewith,
the Contractor hereby agrees with owner to commence and complete
the construction of certain improvements described as follows:
One hangar andooffice building, including 15,000
square yards of asphalt paving,
and all extra work in connection therewith, under the terms as
stated in the Invitation for Bids, Pro.)osal, and Information and
Special Instructions to Bidders, and General Conditions of Agree-
-gent attached hereto and hereh--~ r a part of this contract by
reference the same as if set forth at length hereinr and at Con-
tractor's own proper cost and expense to furnish all materials,
:supplies, machinery, equipment, tools, supervision, labor, insur-
.rice :'ad other accessories and services necessary to complete the
;aid construction in accordance with the conditions and prices
stated in the proposal atta(7h_-1 hereto, and in accordance with
the conditions and prices staLc,i i, the proposal, and in accordance
with all the General Condition:: o!: ",greement, and in accordance
wit'Ai the plans, which include 1,11 -.ps, plats, blueprints and other
drawings and printed or written ex.)lanatory matter thereof, and
specifications therefor, as prepar,id by the City Engineer of the
4
City of Denton, Texas, each of which has been identified by the
endorsement of the Contractor and -;he said City Engineer therein. '
Contractor hereby agrees to commence work within ten (10)
days after the date written notice shall have been given to com-
:fence, and to substantially complete said work within 80
working days after the date established in the written notice to
cornence work.
Owner agrees to pay the Contractor in current funds for the
performance of the construction of the work in accordance with
the proposal submitted therefor, subject to additions and deductions,
as provided in the General Conditions of Agreement, and to make
payments on account thereof as provided therein.
IN WI.NESS WHEREOF, chc ~-'krti.es have executed this Agreement
. in duplicate in the year and o:+ the date first above written.
A & S Steel Buildings. inc.
Contractor
TEST:
C- .y OF DENTON, TE3WS, Owner
Warren Whitson, Jr., Mayor
City of Denton, Texas
ATT ~
111t4
0o Bolt, City Se retary
City of Denton, Texas
APPROVED AS TO LEGAL FORM,:
11, xv
J 0. Barton, City Attorney
.-j z
y of Denton, Texas
Addendum #1:
This addendum shall be attached to and become a part of the
Specifications and Contract Documents for the construction of
Hangar and Office Buildings at Denton Municipal Airport, City of
:Denton, Texas.
1, The first paragraph of sheet a, Notice to Bidders, is ammended to
read as follows:
Sealed proposals addressed to the City of Denton, Denton County,
Texas, will be received at the office of the City Secretary, City Hall, '
Denton, Texas, until 10:00 A.M., C.S.T., October 13, 1966, for
constructing improvements
2. The second paragraph of sheet d, Notice to Bidders is ammended to read
as i follows :
+ Instructions to Bildars, Proposal Forms, Specifications, Plans
and Contract Documents may be examined at the office of the City
Secretary, City Hall, Denton, Texas, and copies of said instruments
may be obtained from said City Secretary, upon deposit of $5.00
as a guarantee of the safe retwrn of the plans and specifications,
Said deposit will be returned provided:
(1) The Bidder returns the plans and specifications
within 72 hours after the bid date; OR
(2) The Non-Bidder returns the plans and specifications
in good condition,72 hours prior to bid :ate;
Otherwise the entire $5.00 deposit will be forfeited and no
refund made.
Suppliers may obtain Specifications and Plans at the address
stated above upon deposit of Five ($5,00) Dollars, which sum is
non-refundable.
.
I
Addendum #2:
This addendum shall be attached to and become a part of the ,
Specifications and Contract Documents for the construction of
Hangar and Office Buildings at Denton Municipal Airport, City of
Denton, Texas. •
1. Paragraph 108,3 of Section 108 - Plumbing shall be amended to ,
read as follows:
Basis for bid on septic tanks shall assume location
25 feet from building. A prefabricated septic tank
may be substituted for the septic tank in the plans,
when specifically approved by the engineer in writing..
2. Paragraph 110.1 of Section 110 - Asphaltic Pavement shall have
the following addition:
' I
Total area to receive prime coat and asphaltic concrete
shall be 15,000 square yards.
R ,
1
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFiCb EAITIMOKE, MD.
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora.
tion of the State of Maryland, by I,M.H.C. GRIFFITH ,Vice. President, and M. A. XELLY ,
Assistant Secretary, in pursuance of authority granted by Article V1, Section 2, of the By-Laws of said Com-
pany, which reads as follows:
"The President, or any one of the Executive Vice-Presidents, or any one of the additional Vice-Presidents specially authorised
w to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Sec-
retary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Resident Assistant Secretaries and Attorneys-
in-Fad as the business of the Company may require, or to authorise any person or persons to execute on behalf of the Company any
bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments o( judgments
at
decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and documtvts which the business
the Company may require, and to affix the seal of the Company thereto,"
does hereby nominate, constitute and appoint William S. Price, John H. Trueheart, Roland
F. Bonewitz, V.A. Browning, Max D. Scott, Douglas L. Stockman and Marvin M.
Durrenberger, all of Houston, Texas, EACH
its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as
surety, and as its act and deed: any and all bonds and undertakings... , ..EXCEPT bonds
on behalf of independent Executors, Community Survivors and Community Guardians..
And the execution of such bonds or undertakings in pursuance of these presents, shall be as bindingg upon
said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acJcnowl-
edged by the regularly elected officers of the Company %t its office in Baltimore, Maryland, in their own proper
persons. This power of attorney revokes that issued on behalf of William S. Price,
etal, dated April 6, 1965, and Marvin M. Durrenberger, dated July 13, 1966.
The said Assistant Secretary does hereby certify that the aforegoint is it true copy of Article Vf, Section 2, of the By-Laws of
said Company, and is now in fora.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed
their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this
....................dtbh........................day of................. ..SeDtgzbe.L........... A. D.
19....66.
ATTEST: FIDELITY AND DEPOSIT C031PANY OF 31ARYLAND
(SIGNED)
................M...A,...K7r1 LX....................... By..........................S:d~i._ ll.
(SEAL) Assistant Secretary Vice-Presidens
STATE OF MARYLAND 33:
CITY OF BALTIMORE
On this 8th day of September A.D. 19 66 before the subscriber, a Notary P-iblic of the State of
Maryland, in and for the City of Baltimore, duly commissioned and qualitsied, came the above-named Via-President and Assistant
Secretary of the FtmeLtrY AND Damn CoitrANY of MAxyLAND, to me personally known to be the individuals and officers described
in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duty sworn
severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seat affiQ
to the preceding instrument is the Corporate Seal of said Cr.mpany and that the said Corporate Seal and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.
IN TasTIMONY Weattor, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and year
first above written.
(SIGNED) .F.n XTL..D....1~liFS.........................
(SEAL) Notary Public Commission Expires.-.LulY...1.~..1957
R. D. GILLISS CERTIFICATE
I,--»»..»..»._.»........_......»...... » Assistant Secretary of the FIDELITY AND Dlrost COMPANY or
MAxYLAND, do hereby certify that the attached Power of Attorney dated...... Sep tgmbe r..8th.»_ ....................19 in behalf of
_ _..»....._».~ii1.1.1,P! ;i._..P.rLCe.,I-v~ Al......... s_. ,
is a true and correct copy and that same has been in full force and effect since the date thereof and is in full force and effect on the
date of this certificate. and I do further certify that the said ,...lm.._aufa
who executed the attached Power of Attorney as Vice President and Amistant Secretary
respectively, were on the date of the execution of the attached Power of Attorney the dully elected Vice-President and Assistant See.
rotary Of the FIDELITY AND DSrosur COMrANT or MAaYLAND, and that the said ..............Yft3..13.5~.._.~x$ $.I
was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact or to
authorize any person or persons to execute on behalf of the Company any bonds, reeognitances, stipulations, undertakings, deeds,
releases of mortgages, contracts, ag~rieements and policies, and to affix the seat of the Company thereto as provided In said Article VI,
Section 2 Of the By-Laws of the FIDaLiTy AND DarastT CourAn or MAaTLAxD,
IM TaTtMT as or, I have hereunto subscribed my name asid affixed a corporate se" the said Company, this
L1419--Cd. A iris fant Seadary
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