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HomeMy WebLinkAbout11-1967 TABLE OF CONTENTS CONTRACT AGREEMENT INVITATION FOR BIDS MINIMUM WAGE SCALE PROPOSAL INFORMATION b INSTRUCTION TO BIDDERS] GENERAL CONDITIONS OF AGREEMENT DETAIL SPECIFICATIONS Section 1 Site Preparation Section 2 Excavation Section 3 Backfill Fection 4 Reinforced Concrete Pipe Section S Concrete , Section 6 Reinforcing Steel Section 7 Concrete Curb and Gutter Section 9 Sidewalks Section 9 Project Maintenance, Cleanup, and Guarantee PLANS AND SPEOIFICATIONS ENDORSEMENT STATE OF TEXAS X COUNTY OF DENTON C.o r= • THIS AGREEMENT, made and entered into this day of I D V EM a 9 A.D. 19JVJ, by and between J. L. B r rpm rilnetrur ip K Fn nr4ing, Tnr of the County of Tarrant , State of'Texas, Party of thb ?irst `Part, hereinafter called CONTRACTOR, and the City of Denton, Texas, a municipal corporation,, of the,County'of Denton, State of Texas, Party of the Second'Part, hereinafter called owNaR, WITNESSETHs That for and in consideration of the payments and agreements hereinafter mentioned to be made an9 performed by Ownr,r, and under the conditions expressed in the bond bearing even date herewith, the Contractor hereby.agrees with. Owner to commenca and complete the construction of certain improvements described as follows: Drainage improvements to'the,City of Penton,,Texar, 1967 and all extra work in co:r,action therewith, under the terms as stated in the Invitation for Bids, Proposal, and Information and Special Instructions to Bidders, and General Conditions of Agree- mant attac'nad hereto and hereby mado a part,of this contract by ''e t It r'I '..`~~..1.. MO'M` i iye♦~Ae W-' roforence the sama as if set forth at length heroin; and at Con- tractor's own proper cost and expense to furnish all ,Tatcri&lsI Eupplias, machinery, equipment, tools, supervision, labor, incur- anca and other accessories. and services necessary to coroloto the said construction in accordance with the conditions and picos stated in the proposal attached hereto, and in accordance' with the conditions and prices stated in the proposal, and in accordance with all the General Conditions of Agreement, and in accordance with the plana, which inolitde all maps, .'plats, blueprints and other drawings and printed or written explanatory-matter thereof, and specifications therefor, as prepared by the City Engineer of the City of Denton, Texas, each of which has'been identified by the endorsement of the•Contraetor and the said City Engineer therein. Contractor hereby agrees to commence work within ten (10) days after the dato written notice shall nave been given to cor;- r..ence, and to substantially complete said work within _ 280 iworking days after the date established in the'written notice to commence wont. Owner agrees to pay the Contractor in current funds for the' "performance of the construction of the work in accordance with the proposal submitted thdraf^r, subject to additions and deductions, as provided in the General Conditions of Agreement, and to make pay;enta o:, account thereof an provided therein.. y~t IN WITZOSS WHEREOF, the partios,havo oxecutrid this Ayreo•• ra:r, in duplicate in the year and on the date first above written. t t Aert as Construction b Engineering, Inc. Contractor ATTEST: l ' 1 e. ~e by $ J. L, ertram, ies e I CITY OF DENTON, TEXAS, Ot",R bys ke Martin, Mayor ty of Denton,'Texas ATTEST: E9oks Holt, 'City Secretary City of Denton, Texas APPROVED AS TO LEGAL FORMt ; • %7ac' 0, Barton, City Attorney C o! Wanton, Texas ' • INVITATION FOR BIDS Sealed Bids addressed to the Honorable Mayor and City Council Of the City of Denton, Texas, will be received at the office of the Purchasing Agent in the Municipal Building until 10:30 A.M. November 2, 1967, for the construction and completion of the following items Droinage Improvements to the City of Denton, Texas, 1967. At th:s time and place the proposals will be publicly opened and read aloud. Any bid received after closing time will be returned unopened. Copies of Plans, Specifications, and Contract Documents are on file and may be examined without charge in the office of the City Engineer. Plane and Specifications may be obtained from the City Engineer upon deposit of $25.00, which deposit may be refunded as provided in the Contract Documents. A cashier's check, certified check or acceptable Bidder's bond payable to the City of Denton, Texas, in an amount not less than five (32) per cent of the bid submitted must accompany each bid as a guarantee that, if awarded the contract, the Bidder will,'within ten (10) days of award of contract, enter into a contract and enecute bonds on the forms provided in the Contract Documents. Attention is called to the fact that not leas than the prevailing wage rates as established by the City of Denton, Texas, and as herein- after set forth in the Contract Documents hereir,before described and which are made a port hereof, must be paid on this project. A performance bond and a payment bond, each in amount of not less than one hundred (100X) per cent of the contract price, conditioned upon the faithful performance of the contract and upon payment of all persons supplying labor or furnishing materials, will be required. In case of ambiguity or lack of clearness in stating proposal prices, the City of Denton, Texas, reserves the right to adopt the most advantagoeus construction thereof, or to reject any or all bids, and waive formalities. No bid may be withdrawn within thirty days (30) days after date on which bids are opened. CITY OF DENTON Robert L. Pearce Director of Community Development r ADDENDUM #1 DRAINAGE IMPROVEMENTS TG THE CITY OF DENTON, TEWA 1967 Thin addendum is for clarification only, and n) change of the original plans and specifications is intended. This sheet shall be attached to and be a part of the specifications and contract documents. 1. The detail drawing of "Typical Bridge Section with Inlet and Walk" on sheet 16 of the drawings indicates the lccation of guard rails in culverts. Guard rails shall be installed in all culverts at street crossings. No additional payment shall be aide for guard rails, and the cost of installation shall be considered incidental to the bridge construction. 2. Note number 2 on sheet 15 of the drawings is ammended to read: "Contraction joints shall be prov,:dt.d in channel lining at intervals of not greater than 20 feet. Cons::jetion joints in channel lining shall be keyed joints." u2 DRAINAGE TO. CY'Y OF DE ":O:Q TEEXAS 1vu7 .11is shoat shall tJ 'ttuc.iea t0 a:.d oe & 7C:ri of "il and contract docu:,;cats. 1. the quantity of rAn orcina sccv!, itC,. uL,-,J c': l s?aci:ications, is changed 1tom 28,300 ?ounds to 2a3,uC~ 2. She. total amount of headwall to receive gslva:aaa ?i?a guardrail shall not oxeead 430 linear :eat. 3. Texas State t't;hway Da?art..ent Standard Details rai;.fcrci:.~ used for culvert wall thickness 8nd ?1arer,en t of steel. 4. Channel lining shalt. '.lava 1:1 side sloe :rca ststic 4a to statian 34 + 50 in line A or shalt numbar 3 of ti.e drawins . M ADDENDUM A3 DRAINAGE IMPROVEMENTS TO THE CITY OF DENTON, TEXAS 1967 This sheet shall be attached to and be a part of the specifications and contract documents, 1s The first paragraph of Invitation for Bids in the specifications is amended to read as follows: Sealed bids addressed to the Honorable Mayor and City Council of the City of Denton will be received in the office of the Purchasing Agent in the Municipal Building until 10130 a.m. November 16, 19671 for the constructiot , . , 2, The existing concrete retaining walls and footings indicated + on sheet 13 of the drawings, on Parkway Street west of Bolivar, shall be utilized as far as possible for outside walls of the proposed box culverts. 3. The Contractor may reduce the cement content of grade A concrete to five sacks per cubic yard, providing tests are furnished by the Contractor before construction indicating that the required minimum 28 day compressive strength will be attained. MINIMUM WAGE SOALE ~ Tho rates below have been determined by the Oity of Denton, Toxas, in accordance With the statutory requirements and prevailing local wages. Overtime shall be paid for at the rata of one and one-half (1) times the regular rates for every hour worked in dxoess of forty (40) hours per week, OLASSIFIOATION RATE PER HR, OLASSIFIOATION RATE PER HR. Air Oompressor op. 1450 Laborer (Oommon) Air Tool operator 1.35 Idaintainer Oper. 1"25 Batterboard Sottor 1150 Mason Tender 2100 Blade Grader Oper, 2.00 Meohanio 1'25 (Self Propelled , 2,00 Blaster (Powderman; Mechanic s Helper 1.50 Blaster (P 2,25 Mixer,Oper, (16 O,P, & Over) 1.75 y 2.00 Mortar Mixer 1025 Bullolam operator 2;75 Mixer Oper. Bulldozer Operator 2,25 Oiler than 16 0. F.) 1050 Oarpenter Olamsholl Operator 1190 Painter, Brush 1.75 Ocnoi,,ete Finisher 2100 Painter, Stage Spray 20050 Orane Operator 1090 Pipe Layer D Dra erriok Operator 1090 Power Equip. Op. Hsev 1'25 El glins operator 1090 Power Equip, Op, 12100 .75 Elevating Grader Op, Light Pump Operator, Over h 211 1,50 (Towed) Pump Operator, V & Under Fireman 1,40 Roller Operator 1,25 Form Builder 2,00 Scraper Opr. Over 0 Y 1.50 Grasser 1.50 Soraper Opr, 17 O,Y? & oUnder)1,75 Foist Oper. (One 3?rum) 1150 Shovel Operator Hoist Opor. 1.75 Trenching Maohine Oper, 2,00 Iron (Two Worker Drum & over) RodmaTruok Driver T or Less 1,25 1,50 Truck Driver ill 1 T or Over) 1,50 Iron Worker iStruo. Steel)2.00 Weider Joint Worker 1,50 240 Kettlemen 1.25 The Oontraotor shall ooz.ply with all IState and Federal Laws applicable to suoh work, The above are mir,Amum rates. Bidders ehbll base their bids ou rates they expect to pay, if in expose of those listed, The Owner oons uflpayment ofiwageslhigherothanxtthoseYspeoified~NT OTOR on account i PROPOSAL I Denton, Texas November lb , 1967 PROPOSAL OF J. L. Bertram ConotruCtion and Engineering, Inc. a corporation organized under the laws of the State of Texas ' a partnership consisting of an individual trading as To the City of-Denton, Texas: Pursuant to Invitation to Bidders, as published, the undersigned proposes to furnish all labor, materials, and equipment, and perform all work for the complete construction of Drainage Improvements to the City of Denton, Texas, 1967, in strict accordance with the attached Specifications and accompanying Plans for the following prices to-wit: ITEM ESTIMATED DESCRIPTION h'0 UANTITY • Prices to be written In words UFiTurPRICE es) (Figures) . 1. 27,600 SY Furnish and install reinforced concrete channel lining, complete $ 20 $ 143.520`00 in place, the sum of five dollars and cw_ancy _---~^cents per square yard. 2, 2,000 C'Y Furnish and install structural con-$62.00 $ 1240000.00 crete, Class A, complete in place, the sum of _ Sixty-twu dollars and ,no cents per cubic yard. g, 283,000'};g Furnish and install reinforcing $ 0.12 33 . ~960,00 steel, complete in place, the sum of 'ao dollars and twelve cents per pound. ITEM ESTIMATED DESCRIPTION 9A OUA,-NTITy (Prices to bn written i In IT PRICE TOTAL ETD n words Figures ~ rFi ~ ' 4, 30 CY Furnish and install concrete for $-30.0 0 embedment encasement and plugs $ 900,00 i complete in place, the sum of --TbiXSv dollars and • I °O cents per cubic yard. I+ 51 18,,600 cy Unclassified excavation, complete,$ 1,18 ' the sum of One $ 33,.10800 dollars and Seventy-eight cents per cubic yard, i 64 2 000,cy Furnish and install gravel back. $ 3.00' fill', complete in place, the rum S 6,400.00 Of Three dollars and No cents per cubic ysrd, 7' 3 Remove existing wooden plank $2004100 600.00 bridges, the sum of Two hundred dollars and No cents each. 3 FA Remove existing concrete bridges, $400 00 the sum of Four hundred V v 1'-_._ `V0 dollars and n`om' cents each, 46 3 EA Remove and replace foot bridges. $500.00 1,500.00 the sum of Five hundred $ dollars and n`~ i cents each. 10. 1,300 LF Reinstall fences, the sum of $ 1.80 2340.00 S,~ One dollars and Eighty cents per lic~ear7foot ,4 . I ITEM ESTIMATED DESCRI2TION UNIT PRICE TOTAL BID NO. QUANTITY (Prices to be written in words (Figures) Figures 11. 80 LF Remove and salvage 36" RCP, the sum of Two $ 2.50 $ 200.00 dollars and Fifty cents per linear foot. 126 .200 LF Remove concrete curb and gutter, $ 0.65 $130.00 the sum of No dollars and Sixty- five cents per linear foot. 113. 100 LF Furnish and install concrete curb $ 3.00 $300.00 and gutter, complete in place, the sum of Three dollars and No cents per linear foot. $1_200.00 14. 1200 SY Remove concrete pavement, the sum 1.00 of One dollars and no cents per square yard. 1S. 25 LF Furnish and install 15" RCP, completes 8.00 S 200.00 in place, the sum of Eight dollars and No cents per linear foot. 16. 55.LF Furnish and install 18" RCP, completes q•00__,_, S 4995.00r in place, the sum of Nine_ dollars and no cents per linear foot. 17. , 65 LF Furnish and install 2'," RCP, com- $ 11.80 $ 7115.00 plete in place, the eum of Eleven dollare and , Nr„4,_,cente per linear foot. ITEM ESTIMATED DESCRIPTION UNIT PRICE TOTAL BID N0. _ QUANTITY (Prices to be written in words) (Figures) (Fissures) 18. 25 LF Furnish and install 30" RCP, com- $ 12.00 $ 300.00 plate in place, the sum of Twelve dollars and No cents her linear foot: 19. - 30 LF Furnish and install 36" RCP, com- $ 13.Og 390.00 plete in place, the sum of , Thirteen dollars and . No cente per linear foot. 200 50 LF Furnish and install 42" RCP, $ 25.00 $,1.250.00 complete in place, the sum of Twenty-five 4ollars'and - No cents per linear foot. , 21. 25 LP Furnish and install 48" RCP, com- $ 30.00 $ 750.00 plete in place, the sum of Thirty dollars and No cents per linear foot. 22. 800 OF Remove existing concrete sidewalk, $ 0.15 $ 120.00 the sum of No dollars and Fifteen square foot. 23. 800 OF Furnish and install 4" reinforced $ 0 .75 $ 600.00 concrete sidewalk, complete in place, the sum of No dollars and Seventy-five cenl:s per spare foot. 24. 1 EA Furnish and install 5' curb opening $350.00 $ 350.00 ' type inlets, complete in laca, the sum of Three hundred fi ty t dollars and No cents *ache . ITEM EST7`11TED 4110 , DESCRIPT'IO,v "'•---BU T Prices to be written 'ncwords UNIT PRICE TOT L BID . res ~ 2502 EA Furnish (F a n install 10' opening type inlet url fii3u $•500.00 In place complete S 1 00.00 the sum of i~ve JL~ dollars and i No cents each, 260 375 EA Furnish and.install weep holes, complete in place, the sum Of Five $-"S0- • $-2L06622.'rg0 1 -_.._..__dollars and Fifty cents each, Totallamount of bid $ 358,090.50 Materiels ' $ 154,007,46 Labor , $ 2041 0 3.04 1'nLy 1vidersigned bidder agrees to commence work within ten (10) days after the date of written notice to commence work and to sub- stantially complete the work on which he has bib within 230 working days as defined in General Coaditionp of Agreement. Enclosed with this proposal is cashier's check or certified check for 5% Bid Bond Dollars which it is agreed shall be collected and retained by the Owner, as liquidated damages in the event this proposal is accepted by the Owner within thirty (30) days after the date advertised fbr the reception oj Bids, and the undersigned fails to execute's contract and the required bonds with the Owner, under the conditigAg hereof, within ten (10) days after the date said proposal is accepted. Otherwise, said check or bond shall be returned to the undersigned upon demand. The undersigned hereby declares that he has visited the 4ife and has carefully examined the Contract'Documents relative to the work cov,OrgA.by, .;he abgg~. b~d,,.and that the. bid submitted has been care- fully checked and is submitted as correct and final. Respectfully submitted, t r Bertram ConstrucLio 6 xnnineerin-S, Inc. / Inn Rlue Smoke C[ W 1 Fort Worth, Texas 76105 Address By Ti .7. L. Bertram, President (Seal if Bidder'is a :orporation) M I f ' • ..1. 1 1 I 1 , T.VFOR}L1TT0\' A.v'D INSTRUCTION TO BIDDERS 1 I': to_be Done: Of fu The cork included rnishing all materials, tools a under this construction and c quipment contract cor~aists completion of the follow,, etc. hecessar of work shall be in the follow,, g work o for the. 8 order. ► and the sequence A. Constructir;, of bridge on Lakey Street a• Drainage improvements to Pecan Creek in southeast C. Drainage improvements near McCormick Street South Denton Interstate Highway 35S 'of D, Storm sewer, culvert, and channel improvements at va:sous locations in the city, S. Channel improvements in Nettie Shultz pack ' 2. laterials Furnished b Owners The Contractor shall furnish all The Owner will materials furnish nd materials, 3. Time of comflletiont , equipment, etc. at the earliest The Owner desires the work to be p completed indica.;ed in the Proposal, date, Cime of completion shall be as - In the event the Contractor fails to c, time sat forth in the Proposal the ?late the from payments t the Contractor t e Oumuofsfift withhold s dollars the per day as lfqu , permanently idated dame General Conditions of the Agreemenes Y tes forth in Section 400'04ofthe 4. Bid Form: Bid shall be made on the blank fora e cuments and comple do attached, p ans shall be returned with s not' so made will be considered out of form, the bids. and bids 5• Bid Srs Each Proposal must be or acceptable bid bond in accompanied b of the amount bid as an amount equal to at least fivec~5%~p ed check will execute such contract withina t~n if awarded a contract percent hundred (100X) percent of the contract (10) daYs ► the balder , and make bonds of one price. the contractoreshB d- all, With the execution and delivery of the contract, contract, Bond furnish performance bond for t he to do businessinhttlie Steteeofted b an approved surer company ns of the latest list of companies holding Texass and acceptable accordinatthe~u~herized Certificates of Authority frog Secretary of the Treasury of the United States of America, a - a Payment Bond: In addition to the Perfotntaclce Bond the Contractor will furnish a Payment Bond for the full amount of the contract, guaranteeing the payment of all supplies and subcontractors employed by this contract. Payment Bond shall be executed by an approved surety company authorized to do business in the State of Texas, and Certif ofcAuthorityfrom according the to Secretary latest of the Treasury ;s of America. nance Bond: In addition to the Performance Bond and Payment 8. Mainte - Bond, the Contractor will furnish a Maintenance Bond for ten (102) percent of the contract price. Maintenance Bond shall be executed i by an approved surety company authorized to do business in the State of Texas, End acceptable according to the latest list of companies holding Certificates of Authority from the Secretary to the Treasury of the United States of America. Maintenance Bond shall remain in force for a period of one (1) year beyond the date of written acceptance of the work by the Owner, t:o guarantee the repair and/or replacement of i defective materials and/or workmanship which may develop during this period. 9. _PatentsandParmits: This Contractor shall, at his own expense, procure ali permits, certificates and licenses required of him by law for the execution of this work, and shall pay all patent fees, license fees, and royalties for the use of equipment or processes used in construction and completion of this project and shall hold the Owner free from any liability for the use of patents in connection with this work. I 10. Change of Location: No change in the alignment is contemplated. However, should a change be necessary due 1, 'o obstructions or other reasons, the Owner reserves the right to make such change. No extra compensation will be allowed the Contractor, except as provided by ! unit price. 11. Safety and Pro arty Protection: I 11.1 Baricades, Guards, and Safety Provisionss To prutect persons from injury and to avoid damage, adequate barricades, coaatrpction signs, torches, red lanterns, and guards as required shall be placed and main- tained during the progress of the construction work and until safe for traffic to use the roads. Whenever required, watchmen shall be provided to prevent accidents, and n4 extra compensation will be allowed therefor. Rules a::d regulations of the local authorities respecting safety provisions shall be observed. b i I 11.2 Traffic and Utility Contrrsls: Excavation for construction operations shall be conducted In a manner to cause the least interrup- tion of traffic. Where traffic must cross open trenches, the Contractor shall provide suitable bridges at street intersections and driveways. The Pwner understands that it times traffic willphave to be re-routed over alternate streets. It will be the Contractors responsibility to provide signs directing the traffic to these alternate streets as specified by the Owner. The Contractor shall notify all emergency agencies before any street is blocked because of construction. Again, the Contractor shall notify such agencies when the street is reopened. 11.3 Proaerty Protection: Trees, fences, signs. Doles. guy wires, and all other ?roperty-shall be protected unless their removal is authorized, and any property damage shall be satisfactorily restored by the Contractor. 12. Flow of Drains and Sewers Maintainedt Adequate provisions, shall be made for fhe flow of atom sewers, drains, and,.water courses encountered during the construction and the structures which may have been disturbed shall be satisfactorily restored upon completion of the work. 13. Investittation of Local Conditions: Prior to submission of a proposal, the Contractor shall have made a careful examination of the site of the work and of the contract documents including the plans and specifis:ations and rhall become informed as to the location and nature of the proposed construction, the kind of facilities required before and during the construction period, labor conditions, and all other matters that may affect the costs and time of completion.of the work. 14. Refund of Deposits It is Intended that all parties with an interest in the work be given a reasonable opportunity to examine the documents and prepare a bid or sub-bid withou charges or forfeiture of deposit. Documents may be examined without charge as noted in the Advertisement for bids and at certain service organizations (Texas Contractor, Dodge Reports). Where documents are obtained from the Engineer.upon a deposit, as required in advertisement for bids, a refund on deposit will be made as follows. , . 0 a. For bidders who submit a Nona fide bid to the Owner, a full refund of deposit will be made on one set of documents procured by such bidder. b. For other persons, i.e., sub-contractors, material suppliers, etc,, a full refund of deposit will be made provided that the documents are returned within ten days of the bid datA, (Exclusive of time allowed for mailing)., c r 1 c. No refund of deposit will be made on documents which are not r,'.urned to the Engineer on or before the 10th day after the date of receiving bids. 15. RiQh~ wa The City of Denton will rovideTne essar right-of-Contactor shall way or easements along the route of the project. of- , replace, repair, snd restore any improvements on or along the right- way or easements which may have been removed gordamaged Ain or due to Property his operations when ordered to do so'by Engineer, Al pshall along and adjacent to the Contractor s field of 9P be adequately protected and when damaged or removed, shall be repaired, replaced, renewed, or otherwise put in a condition equal to or better than existed before the Contractor caused such demage. or removal. The right-of-way along streets shall be to the property line of stuch ingress and withsthe street. If Contractor other points, ease. property owners at his own exp ed easement All materials and equipment cks, kept within equipmentewillinottbe permitted- or right-of-way. Trucks, to cut across the private land and make new roads or gat outside of the easement or right-of-,way at any li,, Inter)retation of Quoted Prices: 'In case of a eifference between t+,e written words and the figures in the Proposal, titre amount stated in wrttt,n words will be considered as the bid. 17. lntrroret f Specifications: Any question as to the meaning of any s,-)ecifications will, be answered by Addendum which will be sent to all who have been furnished with the plans and specifications. canon s,yt forth in the General Conditions 18. payment; t aPayment will be made of Agr 19, y~r for Construction% The Contractor shall make his vt,n arrangements for water us the CityrofhDenton,ethe,CfitIn the event it is y will designate whichrfireohydrantsa water from tha water is to be taken from and will instalk?. a metei i~ere8nd fitting, Contractor must furnish all other necessary valves, p P g, thatlabor be charged connection City rates and First 3,000 Gallons per month @ 0.90 per 1,000 gallons Next 7,000 Gal.ons per-month @ 0.55 per 1,000 gallons Next 20,000 Gallons per month @ 0.45 per 1,000 gallons Next 50,000 Gallons per month @ 0.37 per 19000 gallons t d 2). Removal of Existing Materials: The extent of the existing materials to be removed, including paving, curb and getter, sidewalks, concrete steps, driveways, etc. is shown on the plans, Removal and disposal of a'1 this material will be paid for at the price bid on the 'rroposal. These prices shall, be full compensatioi, for all labor, tools, and equipment necessary for the removal and disposal of these materials. 21. Existir'a Utilities: 21.1 General: In the preparation of the Plans, the general location of certain underground utility lines, which s;,e known to the Engineer, have been shown. It is possible that some main utility lines have not been-shown, and no attempt has been made to show service lines. Hence, It is not guaranteed that all utility lines or structures are sHuwn on the plans. 21'.2 Relocation of Existing Utilities: All utility lines that are known to lie in a location that will interfere with the construction of any part of this project will be moved to a new location by the Owner at no cost to the Contractor. Should it. be necessary to relocate other utility lines discovered in the course of the work, the respective utility owning the line or lines will relocate the line or linen at no cost to the Contractor. The Contractor shall notify ite Utility concerned a syfficient amount of time in advance and pr.,vide suitable access to the work so that a miniraum of inconvenience to f11 parties concerned is affected. 21.3 Protection of Existing Facilities: Where excavation endangers adjacent structures and utilities, the Contractor shall at his expense carefully support and protect all such structures and/or utilities so there will be no failure or settlement. In cAse damage to an existing structure or utilfty occurs, whether failure or settlement, t:ie Contractot,shall restore the structure or utility to its original condition and position without compensation from the Owner. . e GENERAL CONDITIONS OF AGREEMENT 1. DEFINITIONS OF TERMS 1.01 OWNER, CONTRACTOR ALD ENGINEER: The Owner and the Contractor 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 Bonds (when required), Special Bonds (when required), General Conditions of the Agreement, Technical Specifications, Plans, and all modifications thereof incorporated in any of the documents before the execution of the agreement. The Contract Documento 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 S-:b-Contractor, as employed herein, includes only those having a direct contract with the Contractor and it includes one who furnishev material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. 1.04 WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in perscn 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. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words, which so applied have a well known technical or trade meaning, shall be held to refer to such reTognized standards. 1.06 EXTRA WORK: 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 to accomplish any change, 1 I alteration or addition to the work shown upon the plane, 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 of any legal holidays, in which weather or other conditions, not under the control of the Contractor, will permit construction, of the principal units of the work for continuous period of not less than 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 SUBSTANTI)ILY COMPLETED: The term "Substantially Completed" means that the structure has been made suitable for use or occupancy or the facility is in condition to serve its intended purpose, but still wy 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. When- ever necessary, construction work shall be suspended to permit per- forniance of this work, but such suspension will b:, as brief as practi- cable, and the Contractor shall be allowed no extra compensation therefor. The Contractor shall give the Owner or the Engineer ample notice of the time and place where lines and grades will be needed, All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him or his employees, such stakes, marks, etc., shall be replaced at the contractor's expense. 2.02 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 neces- sary to insure the proper execution of the contract. In order to prevent delays and disputes ana to discourage litigation, it is further agreed shat the Engineer shall in all cases determine the anounts and quantities of the several kinds of work which are to be paid for under this contract. Ile 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 hereto to arbitratio;i or to any action on the contract, and to any rights of the Contractor to receive any money under 2 this contract; provided, however, that should the Engineer render any decision or give any direction which in the opinion of either party hereto, ie not in accordance with the meaning and intent of this contract, either party may file with said Engineer within thirty (30) days his wr.tten objection to the decision or direction so rendered, and by such action may reserve 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 the owner and the Contractor a written decision on all claims of the parties hereto and on all questions which may arise relative to the execution of the r+ork or the interpretation of the contract, specifications and plans. Should the Engineer fail to make such decision within a reason- able time, an appeal to arbitration may be taken as if his decision has been rendered against the party appealing. Whenever the words "directed", "required", "permitted", "designated", "considered necess<-y", "prescribed", or words of like import are used, it shall be ur-lerstood that the direction, requirement, permission, 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 INSPECTIM It is agreed by the Contractor that the Engineer shall be and is hereby authorized 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 instructions of any subordinate engineers, supervisors or insrrcrore so appointed, when such directions and instructions ire consistent with the obligations of this Agreement and the accompanying pia,.;+ and specifications; provided, however, should the Contractor object to any ordt: by any subordi- nate engineer, sup:-rvisor or inspector, the Contractor may within six (6) days make written :,ipeal to the Engineer for his decision. 3 2.04 CONTRACTOR'S DUTY AND SUPERINTENDENCE: The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the Engineer. The superintendent shell represent the Contractor in his absence 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 9nd 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 of ;'.Ie materials to be encountered, the character of equipment and facilities needed preliminar,/ 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, unfaithful or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work with- out the Engineer's written consent. 2.07 CONTRACTOR'S BUILDING: The building of structures for housitig 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 structures shall at all times be maintained in a manner 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 Engineer, with such promptness as to cause no delay in his own work or in that of any other Contractor, four copies, unless otherwise specified, of all shop ` 4 and/or setting drawings and schedules required for the work of the various trades, and the Engineer shalt pass upon them with reasonable promptness, making desired corrections. The Contractor shall make any correction required by the Engineer, file with him two corrected c-.pies and furnish such other copies as may be needed. The Engineer's approval of such drawings or schedules shall not relieve the Contractor from responsibility for deviations from drawings or specifications, unless he has in writing called the Engineer's attention to such deviations at the time of submission, nor shall it relieve him from responsibility for deviations for errors of any sort in shop drawings or schedules. 2.10 PRELIMINARY. APPROVAL: The Engineer shall not have the power to waive the obligations of this contract for the furnishing by the Contractor of good material, and of his performing good work as herein described, all in full accordance with the plans and specifications. No failure or omission of the ^Angineer to condemn any defective work or material shall release the Contractor from the obligations to 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; provided, however, that the Engineer. shall, upon request of the Contractor, inspect and accept or rel2ct any material furnished, and in event the material has been once at. ..ed by the Engineer, such acceptance shall be binding on the Owner, unless it can be clearly shown that such material furnished does not meet the specifications for this work. Any questioned work may be ordered taken up or removed for re-examination by the Engineer, prior to final acceptance, and if found not in accordance with the specifications for said work, all expense of removing, re-examina- tion and replacement shall be borne by the Contractor, otherwise the expense I thus incurred shall be allowed as Extra Work, and shall be paid for by the owner; provided that, where inspection or approval is specific*tly required by the specifications prior to performance of certain work, should the Contractor proceed with such work requiring 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 of any part thereof, or any mrt_.•'r.'. brought on the site of the work for use in the wirk or selected for the acme, 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 materiel and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract 5 2.12 CHAI3CES AN11rALch geBNand alterationstas therhownergmaysseeafit, Owner may make lane, or materiels for the vo:lc in the line, grade, form, dimensions, Q or any part thereof, eith-r before or efter this herein eonofe1thetconstructions without affecting the validity beginning performance and payinent bonds. contract and the accompanying be if such changes or alterations diminish the quantity of the work. to done, they shall not constir.ute the basis for a claim for damages, o With, except as anticipated Profits of the work that may be dispensed be caym d • provided for unit price items under Sec the 5 work "Ptecasd witan f h airly and Payment". If the amount of rook is increased, and Section aid for according to ender the specifications, such Increase shall be if any, established for except as prrvil,ed for unit price items thF euaistity actually done and at the un t p'~ such additional such work under this contract, Payment"; otherwise, under Section 5 "Measurement and Pay work shall be paid for as provided under Ext}•a Work. In caockhalQeadY shall make such changes or alterations as mace useless any w t the used, done, or material already furnished or used in said alrk, labor the Owner shall recomser.se the Contractor or any mateti so and for any loss cecasioned by such change, due to actual expenses planned. Incurred in prepiretion for the work as originally un x.c,U1PMENTt If at ally 2.13 RIGHT OF ENGINEER T0_► 1FY ME~ T410i-Se--rContract or e found to be. time the methods or equipment used by ro toss inadequate to secure the quali of work errmtheorate f pogactor in writing th contract, the or improve their character and in riting to increase their safety with such order. efficiency, and the Contractor shall comply w If at any time the working force of the Contractor is inadequate for securing the progress herein specified, the ui meat, or both, to such ordered in writing, increase his force or eq p an extent as to give reasonable assurance of compliance with the schedule of progress. 3. GENERAL OBLIGATIONS AND RESPONSIBILITIES ICATTONS ACCESSIBLE- KEEP) OF PLANS SPEFThe Engineer ceablse s him, ible number of shall furnish Pleans andaspe~er'.Eicwithatanions a weqiuathoteut eandxprensease aon to on the copies of all P one copy of the same constantly Contt rractor shall keep work, 14ith the latest revisions noted thereon. s eciflcationa anal copies ineAll ec shall not be reused on other work, and, 3.02 OWNERSHIP OF DRAWINGS- thereof furnished by the Ens with the exception of the signed ncoftthetworko All modelsrarer to Sets, are to be the him on request, s the completio property of the owner. 6 3.03 ADE UACY OF DESIGN: It is understood that the Owner believes he has employed competent engineers and designers. It is, therefore, agreed that the Owner shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, the safety of the structure and the practicability of the operations of the completed project; provided, the Contractor has compii.ed with the requirements of the said Contract Documents, all approved in writing by the Owner. The burden of proof of auch compliance shall be upon the Contractor to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof and all approved additions and alterations thereto. 3.04 RIGHT OF FNTRY: 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 i:istalling such collateral work as said Owner may desire. 3.05 COLLATERAL CONTRACTS: The Owner agrees to 2rovide by separate contract or otherwise, all labor and material essential to the completion of the work specifically excluded from this contract, in such manner ns not to delay the progress on the work, or damage said Contractor, except where such delays are specifically mentioned elsewhere 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, and in the event of any discrepancies between the separate contract documents, specifications or drawings, the Engineer shall define which is intended to apply to the work, 3.0) EQUIPMLNT. MATERIALS AND CONSTRUCTION PLANT: The Contractor shall provide all tools, equiptint, 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 responsible for the care, preservation, conservation, protection of all tools, apparatus, accessories, facilities, all means of construction, and any and all parts of the work, whether the Contractor has been paid, partially paid, or not paid for such work, until the entire work is completed and accepted. 3'C4 DAMAGES: 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, thereby causing loss to the Contractor, the Owner agrees that he will reimburse the Contractor `.or 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 7 arrrrrr..wr.... I loss for which the Owner becomes liable, then the Contractor shall reimburse the Owner for such loss. 3.09 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLICS The Contractor shall take out and procure a policy or policies of workmen's compensation insurance with an insurance company 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 dnd 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 bhall 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 suite, actions, or cldims 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 BONDSs Unless otherwise specified, it is further agreed by the parties to this Contract that the Contractor will execute separate performance and payment bonds, each in the sum of one hunderd (100) per cent of the total contract price, on standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantees required, and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equip- ment in the execution of the Contract, and it is agreed that this Contract shall not be in effect until such performance and payment bonds are furnished and approved by the Owner. Unless otherwise approved in writing by the Owner, the surety company under- writing 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. 8 erwis andepayment bondesspshecifallibedeIithe proposal,rmance 3.11 LOSSES FROM NATURAL CAUSESt Unless otherwise specified, all lose or damage to the Contractor arising out of the nature of the work to be done, oAofithe same, elements, or from any obstrucnfonseor difficultiesa shall be sustains in the prosecution which may be thencountered in e Contractor prosecution of and expense. and borne by 3,12 PROTECTION OF ADJOINING PROPERTYt The said Contractor shTlolYtake ies proper means to protect the adjs.ent or adjoining property P Pe in any way encountered, which night be injured or seriously affected by any any process of construction of caidrprocestaken damage o Injury ury failure be liable e for any and all claims for such TheaContractoruagreeshto indemnify, to fully protect all adjoining property. any claims for damages due to harmes the ny addjacent or1adjoining tproperty I arising or growing out of inj and ury hold a any save the performance of the narising cut ofythecexistencetorscharacteraof the to any claim of any'kind work. 3.13 PROTECTION AGAINST CLAIMS OF SUB-CODTSUPPLIES.LATheEContrec TERIALMEN green AND FURNISHERS OF MACHINERY EQUiP that he will indemnify and save the Owner harmless from all claims growing laborero, workmen, mechanics, out of the lawful demands of sub-contractors, pow further- materialmen, and supplies, including thereof, power tools, and all all ante of the performance ce of this contract. When do desired by the Owner, the Contractor shall furnish satisfactory evidence that all obligations of the nature then paid, If the Contractor either pay directly any unpaid bills, of which the Owner as compe written noticc$ or deemed reasonably Contr.ictor's andnallisuch sum of money oney furni that cleenaimsfullyundischargedtil ctor whereeuponttpayments tosthe Contractorishalltbes resumed in full, in accordance with the terms of this contract, but In no event shall the provisions of this sentence be constorrued to imoee any 9 his Surety. obligation upon the owner by either •Y 3.14 PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION: The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the patentee or Owner. The Contractor shall defend all suits or claims for infringement of any patent or copyright rights and shall indeuu;ify and save the Owner harmless from eny loss on account thereof, except that the Owner shall defend all such suits and claims and shall 'ae responsible for all such loss when a particular design, device, material, or process, or the product of a particular manufacturer or manufactu:-:rs 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 logs on account thereof. If the material or process specified required by the Owner is an infringement, the Contractor shall be responsible for such loss unless he promptly gives such information to the Owner. 3.15 LAWS AND ORDINANCES: The Contractor shall at all times observe and comply with all Federal, State, and local laws, ordinances 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 prW lions of the Contract Documents. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Engineer in writing, and any necessary changes shall be 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, insofar as the same regulates the objects for which, or the manner in which the Owner may enter into contract, shall be controlling, and shall ba considered as part of this contract, to the same effect as though embodied herein. 3.16 ASSIGNMENT AND SUBLETTING: The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign the Power of Attorney, or otherwise, or sublet said contract without the consent of the Owner, and that no part or feature of the work will be sublet to anyone objectionable to the Engineer or the Owner. The Contractor further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve Cie Contractor from tics full obligations to the Owner, as provided by this Agreement. 10 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- contractor to commence work on a sub-contract as required for the Contractor. 3.171 COMPENSATION INSURANCE: The Contractor shall procure and shall maintain during the life of this contract Workmen's Compensation Insurance for all of his employees to be engaged in work on the project under this contract and, in case of any such work sublet, the Contractor shall require the s0-son;•ractor similarly to provide Workmen's Compensation Insurance for all of tie 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 Statute,the Contractor shall provide W 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 INSURANCEt 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 fer each person, in an 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 LIABILIVis The Contractor shall furnish insurance 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 insurances a. Contingent Liability b. Blasting, prior to any blasting being done c. Collapse of buildings or structures adjacent to excavation (if excavations are to be performed adjacent to tame) d. Damage to underground utilities e. Buildets risk (where above-ground structures are involved) 11 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 $250000 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 HAZARD: The Insurance required under the above paragraphs shall provide adequate protection for the Contractor and his sub-contractors, respectively, against damage claims which may arise from operations under this contract, whether such operations by the inbured or by any one directly or indirectly employed by him. Insurance also shall be provided against special hazards, if any, as may be set forth in the Special Conditions or Special Provisions, or elsewhere in these Contract Documents. 3.176 PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the owner with satisfactory proof of coverage by insurance required in these Contract Documents in amounts and by carriers satisfactory to the Owner. Ptoof of carriage of insurance by sub-contractors shall be furnished. 4. PROSECUTION AIiD 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 th. Engineer, schedules which shall show the order in which the Contractor proposes 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 TIMEt Should the Contractor be delayed in the completion of the work by any act or neglect of the Owner or Engineer, or of eny employees of either, or by other contractors employed by the Owner, or by 12 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 b:, 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) during the progress of any portion of the work embraced in this contract. In case said work shall be stopped by the act of the Owner, then such expense as in the judgment of the Engineer is caused by such stoppage of said work shall be paid by the Owner to the Contractor. 4.04 LIQUIDATED DAMAGES: The Contractor agrees that time is of the essence on this contract, and that for each day of delay beyond the number of days herein agreed upon for the completion of the work herein specified and contracted for (after due allowande for such extension of time as is provided for under Extension of Time hereinabove), the Owner may wi0hold 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 measurements of any kind will be allowed, but the actual measured and/or computed length, area, solid contents, number, and weight only shall be considered, unless otherwise specifically provided. 5.02 ESTIMATED QUANTITIES: This Agreement, including the specifications, plans and estimate, is intended to show clearly all work to be done and material to be furnished hereunder. Where the estimate3 quantities are shown for the various classes of work to be done and material to be furnished under this Contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing tha proposals offered for the work. If is understood and agreed that tine 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. 13 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 ind the estimated quantities contem- plated and contained in the proposal; provided, however, that in case the actual quantity of any item should become as much as 25% more than, or 25% less than the estimated or contemplated quantity for such 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, Any revised consideratioa is to be determined by agreement between the parties, otherwise by the terms of this Agreement, as provided under "Extra Work". 5.03 Pii,OF WORK: In consideration of the furnishing of all the necessary labor, equipment and material, the completion of all work by the Contractor, and on the completion of a',1 work and of the delivery of all 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 name and the whole thereof in the manner and according to this Agreement, the attached specifi- cations, and requirements of the Engineer. 5,04 PARTIAL PAYMFNITSs On or before the 10th day of each month the Engineer` all prepare a statement showing as completely as practicable the total lalue of the work done by the Contractor up to and including the last day of the preceeding 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 state- ment, less 10 per cent of the amount thereof, which 10 percent shall be retained until final payment and further less all previous payments and all further sums as agreed upon. It Is understood, however, that in case the whole work be near to completion and swq unex- pected 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, pay a reasonable and equitable portion of the retained percentage to the Contractor; or the Contractor, at the Owner's option, may be relieved if the obligation to fully complete the work and, thereupon, the Contractor shall receive payment of the balance due him under the contract subject only to the conditions stated under "Final Payment 5.05 USE OF COMPLETED PORTIONS: The Owner shall have the right to f and use the work, notwithstandingn k o partially completed portions of the otime tfor completing the ent or, such portions may not have expired, but such takin g ire work use shall not be deemed an acceptance of any work notcompletedoInand possessi 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 time, or both, as the Engineer may determine, 5.06 NAL COMPLETION AND ACCEPTANCE: Within ten 10 days Contractor has given the Engineer written notice thatheawork 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 accordance with the Contract Documents, the Engineer shall issue to the Owner and the Contractor his Certificate of Completion, and thereupon it shall be the duty of the Owner within the ten (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 measurements and prepare final statement of the value of all work performed and materials furnished under the terms of the Agreement and shall certify same to the Owner, Who Shall pay to the Contractor on or after the 30th day, and before the 35th day, after tlit 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 said performance by the Contractor. Neither the Certificate of Acceptance nor the final payment, nor any provision in the Contract Documents, shall relieve the contractor of the obligation for fulfillment of any warranty which may be required in the Special Conditions of the Specifications, 508 PAYMENTS WITHHELD: The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may Le necessary t6 protect himself from loss on account of: 15 a, Defective work not remedied b. Claims filed or reasonable evidence indicating probable filing or claims* a ments properly to Y C. Failure of the Contractor arials make payments or labor sub-contractors or for mate d. Damage to another contractor When the above grounds are removed, or the Contractor provided a Surety Bond satisfactory to the owners which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 5.09 DELAYED PAYMENTS1 Should the Owner fail to make payment to the Contractor of the sum named in any partial ;:g 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 t Contractor, in addition to the sum shown per suchannumstatements interest thereon at the rate of six (6) p paidprwhichdshallrfullytliquidatents" otherwise specients"o from date and Final Paym payments any injury to the Contractor growing out of euch delay in but the right is expressly reserve provided undera"PartialtPayments", payments be not promptly ma the Owner at any timil thereafter to treat the contract as abandoned by of Contrac and recovcr tare,withheldprovided scunder cordanceawithmthe provisionst", unless s such payments of "Payments Withheld". 6. EXTRA WORK AND CLAIMS ctor shall 6.01 oT___ nd = that the Engineerawhen presentedfwithaal Extra W Work k Written work order signed by the Engineers subject however, to the of such right of the Contractor hee to require a I t iswalsoeagreedithatithe compensation Extra Work Order er by by said Extra Work shall be to be paid the Contractor for performing s determined by one or more of the following methodst 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 Extra Work is commenced, then the Contractor shall b paid fifteen the "actual field cost" of the work, plus (15) per cent. • 16 In the event, said Extra Work be performed and paid for under Method c, then the provisions of this paragraph shad apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as forer,en, timekeepers, mechanics, and laborers, and mates!tals, 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 together with all power, fuel, lubricants, water, and similar operating expenses, also all necessary 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 Cuzp,u_ cation, and all other insurance as may be required by any law or ordinance, or directly by the Engineer or Owner, or by them agreed to. The Engineer may direct the form in which accounto of the "actual field cost" shall be kept and the rtccrds 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 r• otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100 per cent, unless otherwise specified, of the latest schedule of Equipment Ownership Expense adapted by the Associated General Contractors of America. Where practicable the terms and prices for the uee of machinery 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 com;:ensate him for his profit, overhead, general superintendence, and field office expense, and all other elements of cost and expense not embraced withir the "actual field cost" as hereindefined, save that where the Contractor's Camp or Field Office must be maintained 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 orders or instructions, either oral or written, appear to the Contractor to involve Extra Work for which he should keceive compensation or an adjustment in the construction time, he shall make written request to the Engineer for written, order authorizing such Extra Work. Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therp'or, and the Engineer insists upon its performance, the Contractor 17 shall proceed with the work after making written request for written order and shall keep an accurate account of the "actual field cost" thereof, da provided under Method C. The Contractor will thereby preserve the right to submit the matter of payment to arbitration, as hereinbelow provided. 6.02 TIME OF FILING CLAIMS: It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Engineer within thirty (30) days after the Engineer has given any directions, order or instruction to which the Contractor desires to take exception. The Engineer shall, 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, a demand for arbitration shall be filed with the Engineer and the Owner in writing within ter. (10) days after the date of delivery to Contractor of the Engineer's final decision. It is further agreal 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 thic 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 !,rating by each party and the third chosed by the two arbiters so selected= o~ if the arbiters fail to select a third within ten (10) days, he shall be chosen by s District Judga serving the County in which the major portion of the project is located, 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 refuse or neglect to supply the arbiters with any papers or informa- tion demanded in writing, the arbiters are empowered 'ly both parties to take ex parte proceedings. The arbiters shall act with promptness. The decision of any two shalt be binding on both par-ies 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 court to carry it into effect. The arbiter, if they deem the case demands it, are authorized to award ti:e party whose contention is sustained, such sums as they deem proper for the time, expense ant trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for delay occasioned thereby, The arbiters 18 1 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 CONTRACTUR: In case the Contractor should abandon and fail or reiuse to resume work within ten (10) days after written notification from the Owner, or the Engineer, or if the Contractor fails to comply with the orders of tb° Engineer when such orders are consistent with the Contract Doriments, then, and in that case, where performance. and payment bones Exist, the Surety on the bonds shall be notified in writing afd directed to complete the work, and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandoorent, 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 material's any 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 i:L 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 equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. Where there is no performance bond »roviled or in case the Surety should fail to commence complian_e with the notice for completion hereinbefore, 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 -nay thereupon employ such force of :aen and use such machinery, equipment, tools, materials, and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment,tools, materials, and supplies to said Contractor, an6 expense so ~.narized shall be deducted and paid by the Owner ou' of such moneys as 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 heve been payable under this contract if the same had been completed by the Contractor, then said Contractor shall receive the difference. 19 In case such expense is greater than the slim which would have been payable under this contract if the same had been completed by said Contractor, then the Contractor and/or his Sure!1 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 general 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 and conditions which are provided in this contract. In case of any increase in host to the Owner under the new contract as compared to what would have been the cost under this contract, such increases 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 ehall be credited with the difference. When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and Certificates of Completion and Acceptance, as provided i.. Paragraph 5.06 bereinabove, shall be issued. A complete itemized statement of the contract amounts, certified by the Engineer as being correct, shall then be prepared and delivered to the Contractor and his Surety, whereupon the Contractor and/or his Surety must pay any amount due tb Owner, as indicated by said statement, within fifteen (15) days after the date of such Certificate of Completion. In tha 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 Contract, then all machinery, equipment, tools, materials, or supplies left on the site of work shall be turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due to the Owner within the time designated hereittabove, and there remains any machinery, equipment, tools, materials, or supplies on the site of work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor as designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, Ruch property shall be held at the risk of the Contractor ,nd his Surety subject only to the duty of the Owner to exercise ordinary cere to protect such property. After fifteen (15) days from the date of 20 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 here- in shall be open to the Contractor and his Surety. 702 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 completed by said Contractor (at the prices stated in the attached proposal where unit prices are used), the value of all partially completed work at a fair and equitable ,rice, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion and which can be utilized. The Engineer shall then make a final statement of the balance due to 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 Agree- ment, and shall certify same to the Owner, who shall pay to the Contractor, on or before thirty (30) days after the date of the notification by the Contractor, the balance shown by said final statement as due the Contractor under the terms of this Agreement. 21 SECTION I SITE PREPARATION L O1 DESCRIPTION The work covered by this section of the specifications consists of furnishing all plant, labor, equipment and of performing all operations in connection with preparing the site for construction purposes in accordance with this section of the specifications and the applicable drawings. 1.02 EXTENT OF WORK Site preparation shall consist of the following units of work; (a) Remove existing concrete pavement, concrete sidewalk, concrete driveways, curb,and curb and gutter. (b) Remove existing concrete pipe, concrete culverts, with or without head walls, headwalls, inlets, fences, and miscellaneous structures. 1.03 REMOVE EXISTING CONCRETE PAVEMENT SIDEWALK DRIVEWAYS CONCRETE CURB. AND CONCRETE CURB AND GUTTER Existing concrete pavement (with or without bituminous top), side- walk, driveway, combined curb and gutter, or curb shall be broken up by air- driven machinery or other suitable means. The use of explosives for breaking up old concrete to be removed will not be permitted. Where only a portion of the existing concrete is to be removed, special care shall be exercised to avoid damage to that portion of the concrete to remain in place.. The existing concrete shall be cut to the neat lines shown on plans or established by the 7ngiaeer, and any existing concrete beyord the neat lines so established wl•en dariaged or destroyed by these r~pera:ions shall be replaced at the Contractor's entire expense. Old concrete which is removed shall be loaded, hauled, and neatly stored as designated sites, or otherwise disposed of as directed. Work petformed under this item shall be inaugurated at such time, and prosecuted in such manner as to cease a minimum of inconvenience to traffic or to the owners,of adjacent porperty. r 1-1 r 1.04 REMOVE EXISTING CONCRETE PIPE CONCRETF CULVERTS HEADWALLS, INLETS FENCES AtiD MESCBLLANEOUS STRUCTURE _,S The removal and satisfactory disposal of all existing structures, either above or on the surface or below the ground level, which are to be abandoned or which interfere in any way with the new construction r,hall be included in this item. Existing structures which are to be broken to and disposed of or which are to be salvaged shall be removed in an approt?d manner. All materials which are to be removed and not designated to be salavage shall be disposed of at locations approved by the Engineer at the Contractorrs expense. All materials removed shall remain the property of the City unless deemed not salvable by the Engineer and shall be stored as directed by the Engineer if not otherwise used in the work. After the removal of structures, all excavations not to be occupied by the ' new work, and all holes created, shall be backfilled and compacted to a density of 95% as determined by Standard AASHO Method T-99-49. Timber structures or timber porvions of structures shall be removed in such manner-as to damage the timber for further use as little as possible. All bolts and nails shall be removed from such lumber as deemed salvable by the Engineer. Unless otherwise specified on the plans, timber piles shall be either pulled or cut off at a point not less than two feet below ground line, with the choice between these two methods resting with the Contractor. Brick or stone struetk.ires or stone portions of structures shall be removed by sledging the masonry into sizes not larger than one cubic foot. Portions of such structures below the permanent ground line, which will not in any manner interfere with the proposed construction, may be left in place. The removal shall bt carried at least one (1) loot below the permanent ground line and neatly squared off. All damage done to adjacent property or structures which are to remain shall be repaired by the Contractor at his own expense and any, unsightly places created shall be cleaned and the site left in an orderly condition. The contractor shall remove all fences on the right-of-way and shall rebuild the fence of the same character of materials as that which was removed. All posts, wires and other materials shall be sound, straight and equal to or better than the materials removed. Fences shall be built • to line, posts well set, wires fastened with qew staples and well stretched. All new wooden posts used in Cie fencing shall be new cedar posts buried at least thirty inches (30") in the ground and shall have a top diameter of not less than three and one-half inches. 1-2 1 1.05 MEASURDf1,,N'T AND PAYMENT Site Preparation will be paid for at the contract unit prices bid for the various items of work as follows: Existing concrete pavement, removed as prescribed above, wi?1 be measured and paid for by the square yard in its original position, regard_ less of its thickness or the depth of covering. Existing measured and paid foconrcbyrettheesidewalk prescribed above will be foot; existing concrete drive removed will be measured and paid for by the square yard. Existing combined concrete curb and gutter and concrete curb, removed as prescribed above, will be measured and paid for by the linear foot in Its original position, regardless of the dimensions of same. Existing concrete culverts and bridges with or 4without headwalls, and wooded bridges, removed shall be paid for per each. Existing concrete pipe removed the linear foot of the various sizesencount8redaged shall be paid for by Y Existing fences removed and replaced shall be paid for by the linear foot replaced with no additional payment being,made for removal. No payment shall be made for the removal of headwalls or retaining walls, nor for the breaking back of reinforced concrete boxes to be extended, 1-3 SECTION 2 EXCAVATION 2.01 DESCRIPTION OF WORK i The work to be performed Under this section of the specifications shall include the furnishing of all labor, equipment, and materials, and the performing of all operations necessary to completing the excavations shown on the plans and specified herein. All excavation on this project shall bb unclassfied and, shall include the excavation of all earth,'rock, or other materials to the extent necessary to permit the proper installation of the structures shown on the plans or specified herein. Excavation shall also include the reuse,? including the segrega- tion, hauling, storing, spreading, shaping, and compacting, of any excavated materials designated as suitable by the Engineer. The cost of such reuse of excavated materials shall be considered incidental to the cost of excavation and no separate payment will be made therefor. 2.02 REMOVAL AND DISPOSAL , (a) Removal - Excavation of materials may be per°jrmed by the use of any excavating and hauling equipment to the various parts of tha work, and by any approved method elected by the Contractor. All operations in connection therewith shall be performed in accordance with the approved progress schedule. All excavation shall be to the lines and grades shown on the drawings, unless otherejse directed. The excava- tion of unsuitable foundation material shall be required in certain locations and shall be as indicated on the drawings and to the extent as specified by the Engineer. Any and all excess and/or over-ex~.vation performed by the Contractor in addition to that shown or specified shall be at the expense of the Contractor, and the Engineer may require satisfactory filling of such excess and/or over-,,xcavation with suitable materials at the expense of the Contractor. (b) Disposal - Based upon the Engineer's analysis and direction, excavated materials shall be disposed of as follows: (1) Excavated materials which are approved b; the Engineer as suitable for use as fill, street base, or backfill shall be stockpiled separately, but no additional payment will be made for processing or rehandling such material. (2) Excavated materials which are not to be reused in this project shall be disposed of at approved sites with no additional payment ► • being made for disposal. 2-1 . 2.03 BLASTING FOR EXCAVATION , Blasting will be permitted only when proper precautions are taken for the protection of all persons, the work, and property, and any damage done to the work or property by blasting shall be repaired by the Contractor at his own expense. All blasting operations of the Contractor shall be subject to approval in conformance with the requirements set forth in the General Conditions of Agreement. The Contractor shall be responsible for compliance with the laws of the City of Denton and the State of Texas governing the trrnsportation, storage, and use of explosives and shall take such additional precautions as may be specified herein or { ordered by the Engineer. The Contractor shall be liable for all injuries or deaths of persons or damage to property caused by blasting or explosives. Caps or other exploders or fuses shaft in no caee be stored or kept in the same place in which dynamite or other explosives are stored. All necessary precautions shall-be taken to preserve the material outside the lines of excavation in the soundest possible condition. Blasting may be done only to the depth, amount and extent approved by the Engineer with explosives of such quality, power, and in such locations as will, in the opinion of the Engineer, neither crack nor damage the material outside of the prescribed limits of the excavation. Approval of the methods of blasting by the Engineer will not relieve the Contractor of his responsibility in blasting operation, and no payment will be made for any necessary extra excavation below or outside of the limit lanes indicated on the drawings or modifications thereof directed by the Engineer, due solely to injury caused by over-shooting, improper blasting, or carelessness on the part of the Contractor, and all material thus removed shall be replaced by concrete whey, a concrete structure is to be placed upon or against such surface or by compacted earth fill where approved at the expense of the Contractor and in a manner satisfactory to the Engineer. No blasting shall be done within one hundred (100) feet of concrete which has been in place less than seven (7) days. 2.04 MEASUREMENTS An instrument survey of the site of the specified work will be made by the Engineer prior to commencement of work under this contract, and all measurements of excavation will be based on this survey as specified hereinafter, without regard to any natural changes that may occur during the prosecution of the work. No allowance for unauthorized over-excavation will be made. Measurement will be as follows: The volume of Unclassified Structural Excavation will be computed by the average end area method, using the original ground surface, as determined by the initial survey, and the excavation limits shown on the plans or as specifically ordered by the Engineer. In the case of all structures for which no excavation limits are shown on the plans, the limit, for pay purposes, shall be taken as a vertical plane one (1') foot beyond the footing or outside face of the structlire. 2-2 ' za„nr+:n asp- •c+.~...~:_.~..rs~.+_ 2.05 PAYMENT • Payment for eycavation will be made at tT~e unit price per cubic yard for "Unclassified Excavation". Such payment shall be full compensation for all costs of excavation and disposal, or reuse, of excavated materials, as necessary to complete the work as shown on the drawings and specified herein, including, but not limited to, sheeting and bracing; explosives and blasting; removing, loading, transporting, and dumping or stockpiling, rehandling, and placing, excavated materials; and disposing of excess or unusable materials. No payment shall be made for excavation where such excavation is specifically listed as baing incidental to other work included in these specifications. 2-3 ' c 3 1 SECTION 3 BACKFILL 3.01 DESCRIPTION OF WORK The work to be performed under this section of the specifications shall be cc-,nprised of the furnishing of all labor, equipment and materials necessary to backfill the excavation and to restore disturbed surface I facilities and cover to a condition as good as that which existed prior to the start of construction, or better. 3.02 BACKFILL IN STREETS OR PAVED AREAS Gravel I The gravel used for backfill in this project shall be a granular, I sandy gravel, free from clay and organic material and shall be approved by the Engineer at the source before installation. Where it is necessary to cut below grade in order to eliminate a soft or spongy foundation for a structure or conduit, the bottom of the excavation will be brought back to the correct elevation to place the embedment called for by backfilling with gravel. The gravel will i, be placed in uniform layers not exceeding twelve (12") inches in thickness and compacted to maximum density through the use of pneumatic or mechanical tamping equipment. After the conduit or structure is in place and the required embedment constructed, the excavation will be filled to within twelve (12") inches of the finish surface grade with gravel, placed and compacted as indicated in the preceding paragr'r.ph. In the case of pipe conduits the first backfill layer shall not rise above the spring line of the pipe, and the gravel shall be' carefully placed to prevent displacing the pipe or leaving voids in the backfill under the pipe haunches. Gravel backfill of conduits will be measured for payment by the average end area method, using the actual ,epth of excavation >ired for .roper instailation of the conduit and a trench width A to the O.D. plus 4 feet for box structures, excluding the sectional ` of the conduit and any specified concrete embedment. The length o, he backfil. will be taken as identical to the length of the conduit. Payment for Gravel Backfill of conduit trenches shall be at the contract unit price per cubic yard, as set forth in the proposal and hid schedule. No payment shall be made for gravel-backfill where backfill is specifically listed as being incidental to other work included in these specifications. 3-1 i 3.03 BACKFILL WITH SELECT MATERIAL FROM EXCAVATION Outside streets and paved areas, backfill shall be accomplished using select materials from 6'.9 excavation. The material shall be the best available from the excavation and shall be free from spongy or organic material and from unbroken particles larger than four (4") inches in greatest dimension. Backfill shall be compacted to a uniform density equal to that of the adjacent undisturbed earth. bepending upon the nature of the material, and subject to the approval of the Engineer, compaction of the backfill may be accomplished by a variation or combination of two general methods. (1) Backfill compacted mechanically shall be placed in horizon- tal layers that can be uniformaly compacted to the required density. The material in each layer shall contain the amount of moisture required for optimum compaction, as determined by the Engineer, and the moisture content shall be as, uniform as practicable throughout the layer. Ad_1acent to structures and in areas where it is impractical to use roller or tractor, compaction shall be accomplished with approved power tampers or vibrators. (2) The backfill may be consolidated by jetting and flooding when, in the opinion of the Engineer, the material used in backfilling may be properly consolidated by this means. When this method is employed to consolidate backfill of the conduit, lift; of backfill shall be carefully planned to prevent possible damage through flotation of the conduit and the entire procedure to be followed shall be subject to prior approval of the Engineer. The flooding shall be accomplished by pumping water through a pipe which is inserted vertically into the backfill and lowered slowly to a point clear the bottom of the lift being consolidated. Pumping shall continue until free water appears at the surface and no further appreciable absorption of water into the back- fill occurs. The Contractor shall have the option of obtaining, at his own expense from other sources, more easily consolidated backfill materials than.can be obtained from the project excavations. Whatever the source, lie shall be permitted to use any method of consolidation which results in backfill with a uniform density as specified and does not endanger other parts of the work. , Where conduit replaces open ditch or channel, and whether or not the conduit is placed within such ditch or channel, the ditch or charnel will be backfilled and maintained in the same manner as specified for the conduit, so as to eliminate the ditch or channel being replaced and bring it to the average grade of the surrounding ground. 3-2 , i J'L.MrTkff'~.~'lr.Y'rYH+i ~..►.~M-H..i..~Y . i • Backfill with select materials from the trench excavation will be considered as incidental to the construction of the conduit and will not be paid for as a separate item. Where gravel or concrete is specified for embedment of the conduit in sections to be backfilleq with select material from the trench excavation, these materials will be measured by the average end area me,hod, based on the maximum allowable trench width and the actual depth of gravel or concrete needed to provide the specified embedment,, Payment will be at the contract unit price, as privided in the Proposal and Bid Schedule. (3) Compacted Earth Embankment'placed for the construction of the concrete lined channel shall be backfilled in accordance with 3.03 (1) of these specifications. The material shall be palced in 12-inch horizontal layers and uniforrly compacted to 95% of Standard AASHO Density with sheepfoot rollers in accordance with the requirements of AASHO Standard Method T-99-57 at approximately optimum moisture. 3.04 SURFACE REPLACEMENT (a) Paved Surfaces No pavement replacement shall be made under this contract. Where excavation is within a street section, whether paved or unpaved, ' - the gravel backfill shall be brought up to the proposed street elevation. When required,additional gravel shall be placed adjacent to the construction to elevate the street the required amount. The adjacent surface shall be scarified and rolled before the installation of gravel fill. Additional gravel required from areas adjacent to the excavation shall be measured and paid for at the bid price per cubic yard compacted in place. All fill and backfill shall be compacted to 95% Standard AASHO. (b) Concrete Curb and Gutter Where the excavation traverses an existing curb and gutter, the gravel backfill will be continued to the elevation of the bottom of the existing curb and gutter section, which will be cut back twelve (12") inches beyond the firm.w8ils of the trench. The curb and gutter will then be replaced to conform to the section, reinforcing, and finish of the existing curb and gutter. The length of curb and gutter replace- ment that will be paid for at each such installation will be the calculated lt±ngth across the median allowable trench width for the size conduit installed plus two (21) feet. Payment will be at the contract unit price per linear foot as listed in the Proposal and Bid Schedule for Concrete Curb and Cutter. i 3-3 1 ► (c) Unpaved Areas_ In unpaved areas, the backfill will be smoothly mounded to match the existing ground surface. The top four (4") inches will consist of a suitable topsoil, either taken from the excavation and preserved for this purpose or hauled in from another source. No payment will be made for restoration of surface in unpaved areas. I • • 3-4 f SECTION 4 REINFORCE[' CONCRETE PIPE 4.01 GENERAL The work under this item consists of furnishing all labor, material, and equipment for installation of gtorm sewer pipe as shown on the plr,na and provided in these specifications. 4.02 FIPE Pipe used in the atom drainage system shall comply in all respects with the latest -requirements of the Standard Specifications for Reinforced Concrete Culvert. Pipe, ASTM Designation C-76-55. The concrete pipe shall be Class III. Concrete pipe shall he machine made andIshall be steam cured in accordance with ASTM Specification C76057T for a sufficient time to obtain the required physical strength requirements. -4003 LAYING CONCRETE TONGUE MIA GROOVE JOINT PIPE. (a) Handlina Care shall be exercised In loading, unloading, and handling the pipe to avoid shock or damage. All material found during the progress of work to have cracks, flaws, or other defects will be rejected by the Engineer, and the Contractor shalt promptly remove such defective material from the site of the work. (b) Piae Latina The laying of pipes in finished trenches shall be commenced at the lowest point, eo that spigot ends point in the direction of flow. all nines shall be laid with ends abbutting and true to line and grade. They shall be fitted and matched so that when laid, they will form a sewer with a smooth and uniform invert. (e) Jointing the Pipe All pip,; shall be closely jointed and sealed with stiff mortar, c,-imposed of one part poitland cement and two parts sand, so placed as to form a durable watertight joint. The ends of pipe shall be thoroughly cleaned and wetted before making the joint, After anyosection of pipe is laid and before any succeeding sectio Iis laid, the lower half cif the bell of the pipe last laid shall beithorovbhly plastered oy troweling • on an even layer of mortar. The spigot end of the next section of pipe shall then be inserters, holding it as high as possible until is i!, . 4-1 ► + i TT ~'.-err Mn~"►'tiy""~-r«`-may-.-. n~ ~ ~~~:L ~.'i~l'~~iA . 1 fully inserted and then lowering it gently on the rrortar. After the section is laid and urii£orr:ly.matched, and the sections have been fitted as close as the construction of the of the inner circumference of the pipe will p~:rmit, the lower half joints of pipe shall packed with mortar and finished smooth and even with the adjacent sections be pipe, Before this mortar has attained initial Eet e sealed and shall then be appliec, r-rom the outside and forced into theiunfilledortar portion the boll of 'groove to fill completelythe annular space around the he spigot or tongue. For tongue and be formed exten...r,; at least one inch on and groove pipe, a bead shall eith, of approximately C:roi-circular cross-sacti on.~rTside ad the ,joint and by placing the r tM at a shall be formed 45 extreme edges of the beat. Foripipesytoo smalleout+rard frog the inside surface or. the to joint, a tight stopper of b Permit finish of the materials shall 'be dragged through the p. or other equivalent any fins of mortar. I pipe past the new joint to remove (d) Beddino All pishall be bedded in a minimum of two 211 washed pit run gravel, 3/4 inch to 1/4 inch in size, ( ) inches of r 4.04 INTERFERENCE WITH EXISTING STRUCTUMS In excavating and backfilling trenches and constructing storm sewers, special care shall be taken not to remove or injure any existing gas, water, sewer, or other pipe a, conduitalor'other structures without explicit instructions of the Engineer. If necessary, the Contractor shall, at his own expense, aling,'shore up and/or otherwise secure and maintain a continuous flow in said structures, and shall repair any and fill damages done to them. In she event a sewer line is broken or damaged in the course of the installation of the storm sewers the shall be replaced with cast iron pipe of the same sizes'Which shall extend a minumim of two (,It) The Contractor shall receive no et on each side of trenchexs.avation. by the Contractor's operations. payment for the repair of df~mage caused 4.05 BACKFILL A granular backfill shall be used as a backfill maLerial for all pipe to be located within the curb limits, Good sound earth may be used as a backfill material for pipe outside the curb limits of the curb and gutter. The granular backfill shall be moistened to facilitate compaction and brought up in mechanical tamped layers not exceeding six (6") inch layers to a point twelve (1211) inches over the top of the Pipe. From that point to the surface the pipe may be backfillol with the granular materiel and ,jetted. / 4-2 4.06 MEASUREMENT AND PAYMENT Pipe shall be measured from-center of manhole or end of pipe without any deductions for the length of intermediate specials. Payment will be made at the price bid per foot for the pipe for the various sizes as set forth in the Proposal. The bid price shall include all costs for the complete pipe installation and shall include any and all incidental work not otherwise included in the bid items or otherwise provided6for in these specifications. The price bid shall include all costs of mate-ials, the cost of clearing and grubbi, of taking care,of conflicts with other utilities, thecostnogf the sheeting or bracing in deep trench, and the cost of all classes of excavation, bedding, and backfill. • r 4-3 SECTION ,5 CONCRETE 5.01 GENERAL Concrete shall be compoeed of Portland Cement, fine aggregate, coarse aggregate and water, properly proportioned and mixed as herein- after specified. Unless otherwise specified or indicated on the plans, concrete shall have a 28 day compressive strength of 3,000 pounds per square in%h. 5.02 MATERIALS A. Portland Cement Portland Cement shall conform to the specifications and tests for Type T Porcland Cement of American Society for Testing Materials (Serial Designation: Ci50-52),. Cement shall have been shipded from he mi.l not more than three months previous to receipt on tie work. ~ B. Fine AQRreRate Fine Aggregate shall comply wA n the ASTM specifications for Concrete Aggregates Designation C33-52T. The grading requirements is accordance with these AS1M specifications i's'as follows: Sieve Size Percent Passing I 3/8" 100 No. 4 95 to 100 No. 8 80 to 100 No. 16 50 to 85 No. 30 1 25 to 60 No. 50 10 to 30 No. 100 2 to 10 For complete grading requirements refer to the ASTH Specificatioua. C. Coarse Aggregate Coarse aggregate shall consist cf washed gravel or crushed stone, and shall coWply in every respect with the ASTM specifications for concrete aggregate's designation C33-52T. The grading requirements e,1 covered by the ASTM specifications are listed in part as follows: Sieve Size Percent Passing 201 100 1V 95 to 100 3/4" 35 to 10 ' 3/g" 10 to 30 N4. 4 ' 0to5 ► A D. Water Water for concrete shall be clean and fre8 from oil, acid, alkali, organic matter, and other harmful impurities. Rla ter V ich is suitable for drinking or for ordinary household use will be acceptable for concrete. 5.03 CONCRETE PROPORTIONS AND CONSISTENCY Concrete shall be proportioned to give the necessary workability and strength and shall conform to the following governing requirements: Min. 28 Day Min. Cement Max Size Compressive Bags per „Max Water Slump Strength Cuof Coarse Gals. Per Inches Yd. AgRr_ cAate Bag Class A 39000 5.5 l„ Class B 20500 5.0 6.25 •3-4 25 Class C 20000 . 4,5 141 76. 0 3-4 .00 3-4 ' The above strengths are the minimum that will be permitted. The average strength of the cylinder tests are expected to be 500 lbs. per square inch in excess,of tho minimuw,. The proportion of fine and coarse aggregates shall be such that the requirements of the following table are,complfed with: Maximum Size of Ratio of Coarse Aggregate to Fine Coarse Aggregate Aggregate on Basis of Dry and Rodded Volumes 3/4" Mimimum MLximum 1" and over Q'6 1.5 ..0 2.0 In no case shall the amount of coarse materiaa be such as to produce harshness in placing or.honeycombing in the structure when forms are removed. After materials *re received at the project site, the Contractor shall determine by trial mixes the proper mix and proportion to be used. Trial mixes shall be runtat least 10 days prior to the pouring of any concrete of the first mayor structure and not lees than 6 cylinders shall be made from each trial batch. I~ • In determination of the amount of water required for the mix, consideration shall be given to the moisture content of the aggregate. The net amount of water in the mix will be of the amount added at the mixer, plus the free water in the aggregate, and minus the absorption period, No water allowance will be made for evaporation after batching, ` S-2 1 ' M tl° The methods of measure of materials shall be such that the proportions of water to cement can ba closely controlled during the progress of the work and easily checked at anytime by tchanggineercorhis represen- tatives. To avoid unnecessary or haphazard aggregates shall be obtained from a source which will insure uniform quality and grading during any single day's operation, and they shall be delivered to the work and handled in such manner that the variation e content concreteuof reasonableldegree ofeuniformityrfere co be approved by the Engineer. The proportions readily into thelcorners hanas to d angles dofnthenforms ands can be be p without excessive spading,'and without segregation around the reinforcing or undue accumulation of water on the surface. 5.04 TESTS OF CONCRETE Frequent tests will be required by the Engineer throughout the 'Chase teats shall be mode work to determine the quality of concrete. selected and paid by the by an independent testing laboratory OwrAr. Tests will in general be made on 6" by 12" concrete cylinders, lLa!_d in compression at 7 and 28 days, in accordance with.standard of Te ting Hate mE 42 of tlindersitestedcatt28 dayssshall notrshowostrengthsiof:not . less,than ' leaV Ibe specified 28 days compressive strength and cylinders tested at 7 days show strength not less than two-thirds (2/3) of the specified 28 days compressive strength. 5.05 GENEML CONSTRUCTION REQUIREMENTS Before starting work the contractor shall inform the Engineer fully a.-i to the methods of constructio,l'he, proposeda to followtandadequacy ' to tte amount and character of equipment he proposes toe see of which shall be subject to the approval Before constructing forms, the Contractor shall submit to the Engineer for his approval detail information, including necessary drawings and sketches of proposed strdecutes which shall be sufficiently complete to show all essential details. Concurrence on the part of the EngiA er in any proposed construction methods, approval of equipment, or approval of forms shall not be considered 1 as relieving the contractor of the responnsibilit for the ssafety or afety or tX- correctness of his methods and adequacy Of this equipzcnt carrying out thetwork in full accordance with contract. 5-3 y , R ~ 5.06 FORMS Forms shall be of wood or steel construction and shall be built mortar-tight and of material sufficient in strength to prevent bulging between supports and shall be set and maintained to the lines designated until the concrete is sufficiently hardened to permit form • removal. During the elapsed time between the building of the forms and the placing of the concrete, the forms shall be maintained in a manner to prevent warping and shrinking. Ali details of form corstruction shall be subject to the approval of the Engineer, and the permission to place.concrote will not be given until all of such work is complete to his satisfaction. Lumber for forms shall be properly seasoned and of good quality. It shall be free from loose or unsound knots, knot holes, twists, shakes, decay and other imperfections which would affect its strength or impair the finished surface of the concrete. The lumber used for facing or sheeting shall be surfaced on at elast one side dnd two edges and shall be sized to uniform thickness. Forms shall be suitably anchored and rigidly braced to prevent movement while placing concrete. Metal form ties of an approved type shall be used to hold forms in place. Such ties shall be of a type especially designed for use in connection with concrete work, and they shall have provision to permit ease of removal of the metal as hereinafter specified. The use of wire form ties will not be permitted except for minor special form areas when the use of rigid type metal ties would be impractical. The use of metal form ties of type that are encased in paper or other materials to allow the removal of the complete tie, leaving a hole through the concrete structure, will not be permitted. Metal ties shall be held in place by devices attached to walls. Each device shall be capable of developing the strength of the tie. Pipe spreaders will not be permitted. All metal appliances used inside of forms to hold them in correct alignment shall be removed to a depth of at least one-half (YO) inch from the surface of the concrete and shall be so constructed that the rcetal may be removed without undue injury to the surface by chipping or spelling. Such devises when removed, shall leave a smooth opening in the concrete surface. Burning off of rods,lbolts, or ties will not be permitted, Miere wire ties are used, all wires, upon removal of the forms, shall be cut back at }east one-half (lj") inch from the face of the concrete with a sharp chisel or nippers. 5-4 t . All cavities produced by the removal of metal ties shall be carefully cleaned and completely filled with re-tempered sand cement mortar mix in proportion of one tr, two .*and the concrete shall be left smooth and even. 41 At the time of placing concrete, the forms shall be clean, entirely free from all chips, dirt, sawdust, and other extraneous matter. For wall and other locations where access to the bottom of the forms is not readily attainable otherwise, adequate clean-out opanings shall be provided. 5.07 PLACING CONCRETE, The Contractor shall give the Engineer sufficient slvance notice before starting to place concrete in any unib,of the structure to permit the inspection of forms, the reinforcing steel placement, and preparation for pouring. Unless authorized by the Engineer, no concrete shall be placed in any unit prior to the completion of the fora work and the placement of the reinforcement. V%enevPr it is necessary to continue the mixins, placing and finishing of concrete after the daylight hours, the sits of the work shall be brilliantly lighted so that all operations are plainly visible. In general, however, concrete placing shall be so regulated as to permit finishing operations to be completed in the daylight hours. The sequence of placing concrete shall be as provided on the plans or in the specifications. The operation of depositing and compacting the concrete shall be as t:, form a compact, dgnse, impervious mass of uniform texture which shall show smooth faces on all surfaces. The placing shall be so re,.,_lated that the pressures caused by the plastic concrete shall not exceed the loads used in the design of form. The method and manner of plating shall'be such as to avoid the possibility os segregation or separation )f the aggregate or the displace- ment of the reinforcement. Concrete shall nop have a free fall of more than eight (8) feet. The splattering of form or reinforcement bars shall be prevented if the concrete so splattered will dry or harden before being incorporated in the mass. f Concrete" shall be placed in continuous horizontal layers approxi- mately 12 inches in thickness. No more than one hour shall elapse between the placing of successive layers of concrete. in any portion of the strucuura included in a continuous placement. Each part of the forms shall be filled by depositing concrete directly as near its final position as possible. 1he coarse aggregate shall be worked back from the face and concrete,fo.ced under and around the reinforcing bars and pipe or other inserts without displacing them. Depositing large quantities at one point in the forms and runniag or working it along the forms wilt not be allowed. S-S Foreign m4tter.leof qny kind shall not be permitted to accumulate , inside the forms, and openings in forms necessary for removal of same shall be provided. , All concrete shall be well compacted and the mortar flushed to the surface of the forms by continuous working with concrejc spading implements and mechanical vibrators of an approved type. Vibrators of the type which operate by attachment to forms or reinforcements will not be permitted. The vibrators shall be applied to the concrete immediately after deposit and shalt. be moved throughout the mass, thoroughly working the Concrete around t'he reinforcement, embedded in fixtures, and into the corners and angles of the forms,until it has been reduced to a plastic maso, The mechanical vibrator shall not be operated so that it will penetr"te or disturb layergplaced previously which have- become partially" ' set or hardened. The vibrator shall be of sufficient dutation to accomplish thorough compaction and complete embedment of reinforcement and fixtures but shall not be done to an extent that will cause segregation. Vibration shall be supplimented by hand spading if necessary to insure the flushing of mortar to the surface of all forms. Before the start of placing of concrete, all pipes, conduits, manhole casting, etc., required to be set in the concrete, shall be placed into position and firmly anchored. 5.08. FREEZING WEATHER When depositing concrete at or near freezin; temperatures, the concrete shall have a temperature of at least 50 degrees F., but not more than 120 degrees F. when aggregates are heated. The concrete shall be maintained at a temperature of at least 50 degrees F. for not less than 72 bouts after placing, or until the concrete has thoroughly hardened. When necessary, coAcrete;magrials shall be heated before mixing and heating apparatus such as stoves, salamanders, etc. shall be supplied to maintflin the concrete at the required temperature. The Contractor shall be responsible for the protection of concrete placed under any and all weather conditions. 5.09 CONSTRUg.TI0.3 JOINTS -The joint formed by placing plastic concrete in direct contact with concrete that has attained its initial set shall be deemed a construction joint. When concrete in a structure or a portion of a structure is specified to be placed monolithic, the term monolithic shall be interpreted to mean that the manner and sequence of concrete placing shall be such that con- struction joints shall have details equivalent to those shown on the plans for joints to aimiliar locations. Unless otherwise provided, construction joints shall be square and normal to the forms.. Bulkheads shall be provided in the forms for all joints except horizontal joints. 5-6 0 • I The top,surffce of a concrete placement which terminates at a horizontal construction point shall have surface cement film removed and shall be Lhoroiighly roughened as soon as practicable after the concrete has attained initial.set. The surface at bulkheads shall be roughened as soon as the bulkhead forms are removed. Before joining plastic concrete to concrete that has already set, the surface of the concrete in place shall be free from all loose mate*ijls, dirt or fCreign matter; shall be washed ana scrubbed clean with stiff brooms and thoroughly drenched with water until saturated, and shall be kept wet unt41 the plastic concrete-has been placed. Immediately prior to the placing of additions' concrete, all forms shall ba drawn tight against the concrete in place, and the surface of the concrete in place shall be flushed with a coating of grout mixed in the proportions of one part of cement to two parts of sand. If shown on the plans, construction joints shall be provided with concrete keyway'; rVin" f?cing steel `dowels, ariVor'4tal flashing strips. The method of forming ke1-s in keyed joints shall be such as to permit the easy removal of forms without chipping, breaking, or damaging the concrete in any manner. 5.10 CURING OF CONCRETE Careful attention shall be given by the contractor to the proper curing of all ocncrete'in the structures. All concrete surfaces shall be kept moist by sprinkling or curing compound for a period of seven (7) days. In cold weather when curing may be retarded, this period shall be extended as directEd by the Engineer. All uncovered surfaces shall be protected from, deformation'or abrasion until thoroughly hardened. 5.11 REMOVAL OF FORMS Forms for the portion of the structure which do not require finish, may be removed intmobrleos than the number-of days set forth e in the following table: r Fours for walla, columns, and sides of beams 4 days Forms and falsework under slabs, beams, and girders 7 days Forms for, sp;faces required to be finished shall be removed when the concrete has aged not less than one-half (1i) day, nor more than two (2) days. Test specimens may be made for the determination of time or removal of forms in cold weather and forms may be removed when test specimens, cured under like conditions I.o the curing of the structure indicate the required seven (f) day strength has been obtained. • 5- 7 WY\ 5.12 FINISHING As soon as forms are removed, all cavities from tie holes and "honeycomb", shall, be pointed up with 1:: mortar, and.-properly cured so that the patches will not shrink or crack loose.' 5.13 T.WSIT MIX CONCRETE' Transit mix concrete will be permitted in lieu of mixing on the job, provided sl;, of,4he,,.foLlpwing conditions are met! a. All requirements otherwise specified for mixing on the job shall apply. be• Sufficient transit mix equipment shall be assigned exclusively to the projept," required for. continuous pours. .e c. Satisfactory uvidence shall be furnished that the delivery of concrete shall be continuous at regular and uniform intervals, without stoppages or interruptions. i d. All concrete shall be deposited in the forma within 45 minutes after water has been added to the mix. Concrete retained in the truck longer than 45 minutes after wate- has been added to the mix will be rejected. Re-tempet_. of concrete will not be permitted. 5.14 MEASUREMENT AND PAYMENt Payment for concrete channel lining shall be made per square yard of exposed surface. Payment for reinforced cdncret-~ drainage structures, not including inlet boxes, shall be made per cubic yard of the calculated volume pf concrete in the structure. Payment for concrete for embedment, encasement, and plugs shall be per cubic yard a Q# actually installed. '`e Concrete included in all other construction shall be considered incidental to the structure of ..hieh it is a part, and no separate payment for concrete shall to made. 1 LI , ' S- 8 SECTION 6 REINyORCI:SG STEEL ` f 6.01 MATERIAL ' Reinforcing bars shall confMa erialseforaBillet-steel Barsona , open of the American Society for Testing for Concrete Reinforcement, Designation, A15-52 inte*meReinf grades mesh Reinforcing ~ hearth or acid-bessemer. All bars shad be defo. shall be woveinore1gc ,.e ignationdA1wir d5e37eah'fabric, cold drawn mild steel conform g t 6.02 BENDING, shsp The reinforcement shall banderail eteel barseshallibetdonenin plans e . All bending of hard grade the shop. Bending Of 'o't'hef gtdes shall referably'be done in the shop. ties in i Bends shall be true to the eha.es indicated, and irregulardiameter ofnding + for stirrups and ties hall be made around a p having not less titan three times the minimum thickness of the bar. 6.03 STORING STEEL' Steel reinforcement shall be stored above the surface of shed ground upon platforms, skids, Jr other supports as far as Practicable from :cechanicsl injury and sWhen placedrinrtheowork, caused by exposure to conditions producing rust. r'N it shall be free from dirt, scale,'rust, dust, paint, oil or gther fo°e gn material. 6.04 PIACING AND MAINTAINING REINpORCEMENT ve on the 1nexacctly as as s s `how"ono The steel shall be pi.aced in the forms hold the oarsgfrom lateral. displacement plans. o tw It shall be maintaned in t to two" mortar properly y g gr in instances ' or by any other effective means approved by the Engineer roved spacing where two three placed £betweenreachnlayer,sspacedasufficiently blocks shall ll also be pr appreciable a'ig of the bars. The slab reinforce- meet close shall togetheba r raised off event th.. tot-me by means of small concrete blocke , that the length of mixtqre as mentioned above and shalitbiswtery to the important longitudinal bars to maintain the proper spacing. of bars, spacing and bending points in same be maintained as shoe aCn the plans. Where splicing is necessery, the bars shall be lapp least 24 bar diameters, but no bar shall be spliced at mints of maximum tension. At all corners andl1{unctions, the reinforcement must tie together so that the stren~$Ith of the Sig`efiat leas't' 24ubn~ctdiametereth of t',~A wall or, member, with be 5-1 ~ 6.05 INSPECTION Al' reinforcing steel is to th s ninspection after beds made, and approved by the Engineer. Not urktilofconcrete proceed. approval obtained* may the pouring 606 MEAS`JREMENT AND PAYMENT where payment for concrete is et ound of steel calculate3 Reinforcing steel in structures by the cubic yard shall be measured and paid p p from the Texas -tate Sighway Department standard Details. Reinforcing shall d steel in ell other structures. V~nt ahallbeemade cfornsteel- tie concrete work, and no asparate pa,_ A 6-2 SECTION 7 CONCRETE CURB AND GUTTER 7.1 DESCRrN This item shall consist of Portland Cement Concrete Curb and Gutter with reinforcing steel. Section of Curb and Gutter and place- ment of reinforcing steel shall be shown on City of 1.nton Standard Curb and Gutter Section. Curb and Cutter shall be constructed on approved base material and to line and grade as established by the Engineer and details shown on plans. 7,2 MATERIALS Meterialai and proportions for concrete used in construction under this item shall onform to the rcquirtmente of Class A concrete as defined in Texas Highway Department Standard Specifications, Item 403. 7.3 EXCAVATION Excavation shall be made to the required depth and of sufficient width to construct the work to grade, fors and dimensions,' All soft and yielding or other unsuitable and unstable materials shall be removed and replaced with acceptable material: the subgrade then shall be compacted to the satisfaction of the Engineer, where subgrade is under cut, suitable material shall be used to fill, and it shall be comoacted to the satisfaction of the Engineer. 7.4 FORMS The forms shall be of wood or metal, straight and free from warp, and of sufficient strength to resist springing during the process of depositing and compacting the concrete, Straight forms of wood shall be two (2) inch nominal thickness surfaced plank, qr of metal of an approved section with a flat surface on top and bottom. Forma for use on radii shall be of flexible wood or metal, Ilia forms shall be of a depth equal to the depth of the concrete section in which they are in contact, and so designed as to permit securely fastening together in correct position. Forms shall ba staked, brare.J; and securely firmly held to th3 required line ind grade, using approved spreaders and clamps, and shall be sufficiently.tight to prevent thn, leakage of mortar. All forms shall be cleaned thoroughly , and wetted before the concrete is placed against them, 7,5 PLACING OF CONCRETE No concrete shall be placed unless the subgrade, forma, and rein- forcement, if required, have been checked and approved by the Er.ginear. 7-1 Concrete shall be deposited on a moist subgrade. During placing, the concrete shall be thoroughly spaded next to the forms, and shall be carefully tamped, using an apprcved tamper, in uniform layers not exceeding six (6") inches in depth, until a uniformly dense concrete is obtained. A3 soon as the concrete has set sufficiently to retain its shape without sapport of the forms, the clamps and spreaders may be removed. 7.6 CURING OF CONCRETE The concrete shall be sprayed with a curing compound suitable for the formation of an impermiable film which shall adhere integrally to the concrete. The curins compound used shall contain a quick fading dye of suitable color to aaaure visibility during application and shall be of such ingredients as will not permanently alter the natural color of the concrete. Other means of curing yay be used if permission is given by the Engineer. 7.7 BACKFILLINO The curb and gutter shall be backfilled within seventy-two (72) hours of pouring. The backfill shall be of suitable material and compacted in a manner acceptable to the Engineer. 7.8 JOINT3 Dr!mmy joints shall be.placed every ten (100) feet, and expansion Joint material shall be placed every fifty (50) feet, at the We of returns and driveway approaches, and as required by the Engineer. 7.9 MF.ASUREMBNT AND PAYMENT Measurement of concrete curb and gutter shall be by the linear foot, and payment shall be made at the contract unit price bid, which shall include all material, labor, and equipment required for a complete installation, including excavation, base material, and backfill. 7-2 SECTION 8 SIDEWALKS 8101 DESCRIPTION Concrete sidewalks shall be constructed at locations as shown on plans. They shall be four (41) feet wide and four,(4") inches in thickness with a two (2") inchtsand cushion placed underneath the concrete, Sand shall be pit run sand and gravel with maximum rock diameter of not more than one (1") inch, of a PI of not more than two (2). Reinforcing shall be a mat of six (6") inches wire mesh gauge'No. 6. 8.02 CONCF.ETE Concrete shall be 2,500 p.ssi, with a minimum of five (5) sacks per cubic yard. Suitable forms shall be used and set to grade as set by the Engineer. 8.03 FINISHING AND JOINT All concrete sidewalks shall be constructed as described in Section 70 "Concrete Curb end Cutter." r 8.04 CURING J Curing shall be same as described in Section 7.6. 8.05 MEASUREMENT All sidewalks shall be measured by the square foot in place j complete. 8,06 PAYMENT ' The work performed, materials includ!.ng concrete, forme, excavation, sand cushion, and all incidentals neseseary for completion of the work will be paid for at the contract unit price bid per equate yard, which will be full compensation for walks complete in place, Sidewalks shall have dummy joints, expansion joints, and premolded joint csterial as required for curb and gutter. ~ 8-1 .l SECTION 9 PROJr,CT MAINTENANCE, CLEANUP AND CUA WTEE 9.01 GENERAL • During the prosecution of the work, the Contractor shall maintain the project site in orderly and acceptable manner. Upon completion of any unit of work, it shall be maintained by the Contractor until accepted by the Owne•, Upon the completion as a whole of anI section of work covered by these contract documents and before final rcceptance and final payment will be made, the Contractor shall clean and remove from. the site of the project surplus and discarded materials, temporary structures and debris of every kindf he shall leavs the site of all work in a neat and orderly condition 4qusl to that which originally existed. Surplus c'.d waste materials removed from the Bite of ►.he work shall be disposed of at locations satisfactory to the Engineer. 4,02 CUARANTEE ! The Contractor shall guarantee the work for a period of one y (1) year after date of acceptance by the Owner, During this period the Contractor shall make any rbpairs and/or replacement of defective materials, and shall maintain the project required for full compliance with these specifications. This guarantee shall apply to all matters reported by the Opener in writing within one (1) year period and this guarantee shall be covered by the extension of the Performance Bond, I ' 9-1 , , i 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 owners Dated and endorsed this y 1 7 ' A.D., 19 day of J. L. Bertram Construction 6 Engineering, Inc. Contractor 6 ' t By= J. L. ertram, Presi ent C%Y OF DENTON, TEXAS, OWNER By s' Robert L. Pearce Director of Community Developmedt ;t -r t E(PRA WORK ORDER # 4 DRAINAGE IMPROVEISEt; S TO CITY OF DENTON, TExAS The following item of extra work is hereby added to tho ;ontract between the city of Denton, Texas, and J. L, Bertram Construction and Engineering Company, dated Mai- 27, 1969. Remove and replace a portion of the existing channel lining at Netts Schultz Park Construction of this work $200~00/L•3~ returning of this extra work rdern ircnedistely upon signing and J, L, Bertram Const. 6c Engrg Co. City of Denton, Texas BY, L By r ram, e on l4 • rt .4 9arc Director of Connunity Development 1 ~ EXTRA WORK ORD W #3 DRAINAGE IMPROVEMENTS TO THE CITY 01 DEWON, TEAS November 13, 1968 The'foiiooring items of extra wc,rk are hereby added to the contract between the City of Penton; Texas! and J. L. Bertram Construotion and Engineering Company, dated 'November 2G,'1967. 1. Remove and dispose of house on Inlistrial at $250,00 lunj ew. 2. Constraot curb on flume at Netts Sohultz Park approximately 30 linear feet at $ 3.0011yo$90.00. ' Thase prices shall include all items of excavation, labor, and materials required to comp, Iota the work. Pa anent shall be made for the measurad amounts aotually oonstraoted. J. L, Bertram Construotion & Engineering Co. The City of Denton, Texas Fly BYi . iaass;eent abort L; -7 a Diraotor of Cornunity Dovelopmont 1 f~( k[ !FORK OJUINZ #2 i DRATNAGV, lA4'ROV}-,A-%nN,, rs TO MY OF T1i'YCON, 'T?' S rinR items of extra im rk are hereby added to the contract between 711e follnti the City of Trenton, 1% xas, and J. 1,- Bertram Construction rotid) n[ incering Ccopany, dated Noveinhcr 28, 1967. Install steel guard rail on bridge at Lakey Strect with 37,5 feet on each side plus end sections. Posts are to be set in concrete. The cost is $150.00 lung sun. Construction of this guard rail may begin inenediately upon s,gning and returning of this extra work order. J. L. Bertram Construction t, [engineering Co. The C-ity of nenton, Texas ~ dC_ BY: V BY; _ (dent --of,ert A carte Ui Ocveloicnt extra ~'res recfor of Connnunit, ix: T- ~ t • w EXTRA WORK ORDER 01 DRAINAGE IMPROVFMENTS TO CITY OF DENTON, TEXAS Till, following items of extra wor` are hereby added 'to the contract between the City of Denton, Texas, and J. L, Bertram Construction and Engineering Company, dated November 28, 1967. Culvert extension on East Hickory Street in the following approximate amounts$ 1. 155 CY S%..•uctur4: Concrete @ $81.20/CY 2. 22,855 LB Reinforeinp "eel J $ 0.12/LB 3. 150 CY Structural Excavation @ $ 1.78/CY Payment shall be made for quantities actually installed. All other work which may be required for completion of the culvert extension shall be at the unit prices bid in the proposal of the contract. Construction of this extension may begin immediately upon signing and returning of this extra work order. J. L. Bertram Const. 6 Engr. Co. City of Denton, Texas BY• BY J. L. Bertram, Presideat Robert L. Pearce Director of Community Development i EXTRA WORK ORD"cR D 1 June 7, 1457' Street Assessment Program #5 Contractor - P+iblic Construction Company' You are hereby authorized to puiform the following items of extra work in the subject contract: 1. Demolition of existing 7-60" CMP culvert and excavation and backfill for proposed 3-710' concrete box culvert on Stuart Lane at a price of $900.00 lump sum, complete. 2. Construction of 3-710' concrete box culvert including sidewalks and wing walla having the following prices. a. Structural Concrete, Class A, approximately 305 CY @ $75.00/CY. b. Reinforcing steel, approximately 13,500 LB @$0.15/L8, Contr,Lctor's Approval: Owner's Approvals Pubii,: Construction Company Ci of Denton, T s By~ By Ro ert L. Pearce Director of Cotmnunity r'evelopment Date a' ; o 14 1 ° cd 4u "0 03 00 .4903. '401 o O 44 k :8 1 b 4~ Q1 1 f] v to a ) ' y N ~p r~ ro I H 0 p i~4 01 N O 6 ,D a Q wi Vi d rt1 n~",.+I ~N I tC L H N 9H vO P-H C) ID 9 41 .0 Z 43 C) 43 0 00 41 44 0 p I ! of O O N ralj A H ~V t~ q , I $ a af43 t a 4.4 .0 tj ri 0 pi 43 0 ':j -1 0.: Ow, 4 2z~) . I 41 44 H 10 104 44 03 0 43 P6 93 co p a 7 U~ u O o 3e (D o 41 a\ c Od 07 V) co M 0 Lr 0 -0 d) (V +J p l+ 0 A v ro Ei q O O0vA a3 lot it [ Ra ~H dYf t~ O d N rN,~ ' N EA w~ v 0 ~tt91' i 4) 4 v y p' N U 0 ^ CI A H Qom'. N a H +2 4 y r~i w cd ~7 Q! cd q 4.3 MHp 4i R, ro H 'I V/ A O ~D O ya x.Y4.) RI rl 42 v r wg uu 41 f 0 o N lu ~a I°' ~g 0 5 oo *44 1 r ~p t4 d Q *1 N O e] 13 0 Lr lu 44 » W .z EXTRA WORK ORDER 02 January 10, 1967 Street Assessment Program p5 ' Contractor - Public Construction Company The following items are addei. to the Assessment Paving Project 05 in accordance with the terms of a contract by and between Public Construc- tion Company and the City of Denton, Texas, dated November 22, 1966. 1. Remove and replace approximately 150' of concrete curb and gutter on West Hickory Street, located between Bonnie Brae and Avenue H. 2. The paving of Kendolph Street between Wilshire Street and Interstate Highway 35 E. 3. The pavement design of East Hickory Street shall be 4~" of asphalt base and 11"' of asphalt surface in lieu of 8" of crushed atone base and 2" of asphalt surface. Payment for asphalt besa and 1~" asphalt surface shall be as follows: 4~" Asphalt Base @ $1.60 per square yard 1y" Asphalt Surface. @ .61 per square yard All other contract prices for East Hickory Street shall remain as stated in the original contract. 4. The time of completion is hereby extended by 30 working days. Contractor's Approval: Owner's Approval: Yubllt Construction Company Cit of Denton, Teyas^ By B Robert L. Pe.^.Yce Title Director of Community Devolopm<:nt Date Date- r, 1 , y. EVRA WORK ORDER N3 July 24, 1968• Street Assessment Program #S Contractor - t ablic Construction Company Tilt, following items are added to the Assessment raving project #5 in accordance with the terms of a contract by and between Public Construc- tion Canpany and the City of Denton, Texas, dated November 22, 1966. Approximate Quantities: 160 SF Concrete Steps @ $2,50 per scuare foot $400.00 20 LF 15" Reinforced Concrete Pipe @ 5,75 per kinear foot 115.00 Total Amount of Extra Work $51S.00 Contractor's Approval: O mer's Approval: Public Construction Company City of Denton, Texas B By_ ko ert earce 'R Title Director of Community Development Date Dato-.I- Z