HomeMy WebLinkAbout02-1967
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C I TY '-F D ENTON, TEXAS
REPAIRS L RE:b i S i ONS TO UNIT ,>i' I b N2 COOLING, TOWERS
CONTRACT DOCUMENTS
B'D#67-5-2
Notice to Bidders, Instructions to Bidders, Proposal Form,
Performance and Liability Bond form, Texas Statutory Payment
Bond Form, Contract Agreement Form General Conditions and
Specifications.
Department of Public Utilities \
City of Denton, Texas 1
February, 1967 -
v
XX.XXXXXXXXXXxXXXXXXXXXXXXXXXXXi(XXXXXXXXXXXXXXXXXXXX)I.XXXXXXXXXXXXX a
NAME OF BIDDER: the Marley C y h~
ADDRESS: 222 West Gregory
CITY: Kansas City, Missouri 64114
PHONE: 816-361-2222
1
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CERTIFICATE OF INSURANCE
EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN
EMPLOYERS MUTUAL FIRE. INSURANCE COMPANY
HOME OFFICE: WAUSAU, WISCONSIN
"Phis is to certify that such insurance policies (as indicated below by policy number) and hazards covered (as indicated by rx))
nvritten on forms in curr.nt use by the company have been issued.
( ) This certificate renews or replaces the certificate' previously issued.
Narne
of inrure I • a
The Aarley Caipany
Address 222 '"vs+. Gregory Blvd.
(NO, we". Rttnsa3 City, kissot.ri 64114
town, state)
• t t +
Kind of Coverage ` Expiration Date Polk Number Limits of Liabilit
_ •u«> a t"' C° tro`""'" Bodily Injur Pro ert Dam. e
Qc~~pa+lmv7 Diu~M I1-1- ^ 071 -02-024 941 Each Person Ea. Occurrence_ _ ArJtreRate fia. (lcrorrence ,_A~r~~te.~_
Generalhl biliity' 11-1-69 fY729-02-024941 300,000 300,M) 100,000 1000000
Manufacturers' and
Concractnre Liability
Owneri , Landlords and r c
'T(nants' Liability
Owners' and Contractors'
Protective Liability
Contractual Lislidi 11_ 0729-02-024941 300.000 03 000 100,000 1ooloci0
Completed Operations'
Products Liability
Automobile 11-1-. 0729-03-024941
.300 6000 OU 000 _ 100 000
) Owned
(X) Hi red _
(-~-N aed
c*cpss 14abilit 11-1-,9 0729-48-024941 jee 5 ec a1 Frwis ons slow:
'Full coverage under workmen's compensation law, and as designated in endorsements and Nlicy for coverage B.
"The contractua'. coverage afforded applies to: Notwithstanding tha dri.,rra6on or description of any contract or provision
( ) contracts defined in the policy form, thereof, the conrracrial liability coverage afforded is subject to all of the
( ) contracts desgnated in contractual coverage pam terms, cxclusiar.a and condiriont of the policy or any endorsement attached
( X) all written contracts. thereto relating to contractual Lability coverage.
1
rpecial Provisions .e 11-ts..of liability for the-1Sxeess_L3broila.Folic ifoa M27497!R4 - 8-U2 0 41
_
indicated above are W3,000.000 each occurrence for bodljr~y~ and propert;, d ~7,a&e co zoned.
a >70 a gregate, for products - co-apleted oocraons. and are in ,excess of the ;
aFnted above for mprapensive Polic,y~ O'j2U-02-024g4l, _Autnnobfle Poli~cY~ ~-024~4~,...a~._.
`sE ti~~Ia1`I/~~>✓v~i~0~i?~ ~•_th~ nployer l......... ~t of W?~a0Q0 urrder F~olicy U7~~-U2-021y91+1..
Location covered by policies listed in this certificate..._J.4to..1W..xQ.r4a)
encvxl,..xe~s~e3_...................
;~rl.P~...~er:..r~..
_ Issued by- (IT Mutual Liability Insurance
Issued to: Company of Wisconsin
City of Dentc n ( ) Employers Mutual Fire Insurance
Denton, Tex--u Company
Date Yasrch 14, 1967
Place ,,a as City, Xissouri h410$
Signe ...T....~1./C
This Certificate is not a Policy or a Binder of Insurance Aarn«; Ve"tat;av
Mb0.50
r
NOTICE TO CONTRACTORS
(ADVERTISEMENT)
REPAIRS b REVISIONS TO UNIT U d #2 COOL'NG TOWERS
FOR
CITY OF OENTON, TEXAS
BID NUMBER: 6) - 6 - 2
Sealed Bids will be received by the C'ty of Denton, Texas, at the
office of the Purchasing Agent, prior to 10:30 A.M. Central Standard
Time, Febriary 23, '967, then pjb " cly opened for:
REPAIRS b REVISIONS TO UN;T N1 d N2 COOI.!NG TOWERS
Prospective bidders may examine copies of the plans and specifications
at the Public Utillties OfTlce in the Municipal Building, Denton,
Texas.
QualIf led prospective bidders may obtain copies of the specifications
at the Public Utilities Office in the Municipal Building, Denton,
Texas.
All bids must be made on printed contract document forms Included
in the specifications.
When fl led with the Purchasing Agent, each b I d shalt be accompanied
either by an acceptable bidder's bond, a certified check, or a
cashier's check on any soiient bank, the amount of which shall not
be less than 5 per cent of the amount of the bid. The bid security
shall be made payable to the C{ty Treas~j'-er of the City of Denton,
Texas. Bid security of the s,ccessful bidders will be returned
when the contracts ha,e bsei s'gined, fi'ed with, and approved by the
City. Bid security of unsu~.cessfu. bidders w'iI be returned on award
of contract or rejection of bids.
No bid may be altered, w'*ha aovn or res.onitted with n sixty X60)
days from and afte- the date sat f,;- the opening of bids.
The City of Denton, Texas, -eser,es the right to reject any and all
bids and to waive defects bids.
C'TY Or' OENTON, TEXAS
NC - i
I
CITY OF DENTON, TEXAS
REPAIRS a REVISIONS TO UNITS 11 & 02 COOLING TOWERS
BiDt67-6-2
TABLE Of CONTENTS
Sub ect Page or Pages
(Inclusive)
Notice to Contractors (Advertisement) N C - I
Instructions to Bidders i B- I i B- 4
Proposal Form P F- I P F- 4
Performance and Liability Bond Form P B - i
Texas `1tatutory Payment Bond Form S 8 - I
Contract Agreement Form C A- I C A- 2
General Conditions G C- I G C- 22
Special Conditions S C - € S C- 4
General Specifications G S- i G S- A,
r ~ INSTRUCTIONS TO BIDDERS
PROPOSALS: Proposals shall be submitted in duplicai's, each copy
containing a bound copy of these contract documents with the proposal
and requested data forms properly filled in. Proposals submitted
without a bound copy of these contract documents or without all
requested data and information will imply that the bidder does not
intend tc comply with all of the contract conditions and such pro-
posals will be considered irregular. The bound copy of these con-
tract documents submitted with the proposal shall include all con-
tract documents contained therein when received by the bidder.
Entries made by the bidder on the contract document forms shall be
typed or legibly written in Ink. All prices shalt be stated in
words and figures, except where forms provide for prices to be
stated in figures only.
Data forms to be filled In by the bidder shall be boldly written
with black ins or shall be typed with .arbon back or ozalid ribbon
so that sultahle reproduction of the forms may be made by direct
diazo printing.
Conflicts between these contract documents and the bidder's proposal
including contract terms, scope of the work, details of design,
materials, performance guarantees, tests, conditions of service and
methods of work shall be marked in Ink and signed or initialed by
the bidder on the bound copy of these specifications and documents
ubmitted with the proposal. Conflicts shall be marked directly
on the page or paragraph nimber of the bidder's descriptive informa-
tion as a whole will not be acceptable. In case of conflicts between
these contract documents and any attached proposal Information not
marked as directed these bound contract documents shall govern.
If the bidder alters any part of these contract documents by
erasures, deletions, interpolations, or by any other way each such
alteration shall be signed or initialed by the bidder.
Proposals ahail be submitted in a sealed envelope addressed to the
CITY OF DENTON, TEXAS, and to the attention of the Purchasing Agent.
The envelope shall be endorsed on the outside with the bidder's
name, the name of the work bid upon, and Bid Number.
A single proprietary Interest shall not submit multiple proposals
for the same work even though the indivudual proposals may be sub-
mitted under different names. The Owner reserves the right to
reject all proposals so submitted.
I B - I
~h
1 i
Proposals may be withdrawn, altered, and resubmitted at any time
before the time set for opening the bids. Proposals may not be
withdrawn, altered or resubmitted within 60 days thereafter.
PROPOSAL GUARANTEE: Each proposal shall, as a guarantee of good
faith on the part of the bidder, be accompanied by either a
certified check or cashier's check drawn on any solvent bank, or
an acceptable bidder's bond executed by the bidder and a surety
company authorized to do business in the State of Texas In an
amount of not less than five per cent (5%) of the total bid.
The proposal guarantee shall be made payable without condition to
the City Treasurer of the Clty of Denton, Texas, and the amount of
the check or bond may be retained or forfeited to the said City
of Denton, Texas, as liquidated damages if such proposal is accepted
and the contract is awarded and the bidder fails to enter Into a contract
In the form prescribed, with legally responsible sureties, within ten
(10) days after such award is made.
Proposal guarantee checks or bonds will be returned to all unspccessful
bidders after award of contract or when their proposals are rejected
and to the successful bidder or bidders after they satisfactorily
execute and file with the Owner the Contract Agreement and required
bonds.
SIGNATURE OF BIDDERS: Each bidder shall sign the proposal, using
his usual signature, and giving his full business address. Bids by
eartnerships shall be signed with the partnership name by one of the
members of the partnership or by an authorized representative, followed
by the destination of the person signing. Bids by a corporation, shall
be signed with the name of the corporation, followed by the signature
and designation of the president, secretary, cr other person authorized
to execute such documents. The names of all persons signing should also
be typed or printed below the signature. A bid by a person who affixes
to his signature the word "president", "secretary", "agent", or other
designati.)n, without disclosing his principal, will be rejected. When
requesteo by the Owner, satisfactory evidence of the authority of the
officer signing in behalf of the corporation shall be furnished.
TAKES. PERMITS, AND LICENSE FEES: The bid price stated in the pro-
posal shall include all taxes (Federal, State. and local), permits
and licenses which might be lawfully assessed against the Owner or
Contractor for or in connection with the proposal work. NOTE:
Electrical permit and inspection fee will not be required.
I B - 2
It shall be the bidder's responsibility to determine the applicable
taxes, permits, and licenses. If the bidder is in doubt as to
whether or not any tax, permit, or license is applicable, he shall
state in his proposal whether or not this item has been included
in his bid price and the amount of the applicable lax, permit, or
license in question.
INTERPRETATION OF SPECIFICATIONS: if any person who contemplates
submitting a bid for the proposed contract Is in doubt as to the true
meaning of any part of the plans, specifications, or other proposed
contract documents, he may submit to the office of Public Utilities
a written request for an interpretation thereof. The person submitting
the request will be responsible for its prompt delivery. Any inter-
pretation of the proposed documents will be made only by addendum
duly issued and a copy of such addendum will be mailed or delivered
to each person receiving a set of such documents. The Owner will
not be responsible for any other explanations of the proposed documents.
It shall be the responsibility of the Bidder to advise the Office
of Public Utilities of conflicting requirements or omissions of
information which are necessary to a clear understanding of the
work before the date set for opening bids. Those questions not
resolved by addenda shall be listed in the Proposal, together with
statements of the basis upon which the Proposal is made as affected by
each question.
ACCEPTANCE AND REJECTION OF BIDS: The Owner reserves the right to
accept the bid which, in Its judgmer.e, is the lowest and best bid;
to award the contract by sections: to reject any and all bids; and
to waive irregularities and tnforralities in any bid that is submitted.
Bids received after specified time of closing will be returned unopened.
LOCAL CONDITIONS: if the work includes field construction, furnishing
field labor, or furnishing of field supervision, each bidder shall
visit the site of the work and thoroughly Inform himself relative to
construction hazards and procedure, labor, and all other conditions
and factors, local and otherwise, which would affect one prosecution
and completion of the work and the cost necessary for maintenance of
uninterrupted operation, the availability and cost of labor, and
faclIIties for transportation, handling and storage of materials and
equipment.
It must be understood and agreed that all such factors have been
properly Investigated and considered In the preparation of every
proposal submitted, as there will be no subsequent financial
I B - 3
adjustment, to any contract awarded thereunder, which Is based on
the lack of such prior information or its affect or, the cost of
the work.
BOND: The Contractor to whom the work is awarded shall furnish a
performance bond to the City of Denton, Texas, in an amount equal
to 100 per cent of the contract amount. The cost of the bond shall
be included in the bid price. The bond shall be executed on the
forms provided, copies of which are attached hereto, and signed
by a surety company authorized to do business in the State of
Texas and acceptable as surety to the Owner. With the bond shall
be filed copies of a "Power of Attorney," certified to include the
date of the bond.
I B - 4
C I TY Or DEirTON, TEXAS
REPAIRS d REVISIONS TO UNITS #t d N2 COOL;NG TOWERS
PROPOSAL
To the City of Denton, Texas
Gentlemen:
THE UNDERSIGNED BIDDER, having examined the plans, specifications,
general and special conditions, and other proposed contract docu-
ments attached hereto and refs,-red to ne^ein, together with all
addenda thereto, the location, arrangement ar4d const,% ction of
existing facilities which may affect, or may be affected by, the
proposed work, the topography and condition of the sites of the
work, and being acquainted with and fully understanding (a) the
extent and character or the work covered by this proposal, (b) the
location, arrangement, and specified requirements of and for the
proposed new equipment, accessories, and other miscellaneous Items
of work appurtenant thereto, (c) ail existing and focal conditions
relative to construction difflculties and hazards, labor, trans-
portation, hauling, trucking and rail delivery fact!It!es, and
(d) all other factors and condit'ons ~ffucting or which may be
affected by the specified work:
HEREBY proposes to perform all necessary !abo-, materiai, supply
all tools, equipment, personnel, and plant req,;-ed to construct
the following turnkey job:
To include the Repairs and Revisions to Units Of and
/2 Cooling Towers as specified in the eight :8, *ork
structure specifications or those of the eight (6i
Items selected for contrac;f award.
and to Install equipment and perform other work sttpt,'ated In,
required by, and in accordance with, the proposed sontracr docu-
ments hereto attached, and the pans and ipecli;ccaf;ons referred
to therein (as altered, changed, r modif;ed by any and all addenda
thereto), for and In cons ider-at t•;n of the fo;io*'rng 'Tem B;d Prices:
Bid Price for Items 1, 2, and 3:
Iff(I
Bid Price for Item 4:
PF -i
i
• r r .
Bid Price for Item 5:
Five Thousand One Hundred Ninty-Five Dollars
5,195.00
Bid Price for Item 6:
Five Thousand Four Hundred Fifty Dollars
i( 5,450.00
Bid Price for Item 7:
Five ousand Five Hundred Sixty Dollars
y__ b( 5,S60.00
Bid Price for Item 3:
Five Thousand Eight Hundred Ten Dollars
5,810.00
P F - 2
The undersigned bidder agrees to furnish the required bonds
and to enter into a contract with the Owner within ten (10) days
from and after the Owner's acceptance of this proposal, and he further
agrees to compiefe the work covered by the foregoing proposal, In
accordance with specified requirements.
Enclosed herewith is the required proposal guarantee in the amount
of
Five Percent of Bid An=t $ r S% of Bid
,ahlch the undersigned agrees to be forfeited to and become the property
of the City of Denton, Texas, as liquidated damages, should this
proposal be accepted and a contract to be award.d to him and he fall
to enter into a contract in the form prescribed and to furnish the
required bonds within ten 00) days as herein beforb stipulated, but
otherwise the aforesaid proposal guarantee shall be returned to the
undersinned upon the signing of the contract and delivery of the ap-
proved bonds to the said City of Denton, Texas.
The undersigned bidder hereby certifies (a) that this bid Is genuine
and Is not made In the Interest of, or in the behalf of, any undis-
closed person, firm, or corporation, and Is not submitted in confor-
mity with any agreement or ruies of any group, association, organiza-
tion, or corporatlon; (b.~ that he has not directly or indirectly induced
or sollcl-red any other bidder to put in a faise or sham bid; (c) that
he has not so;iclted or induced any person, form, or corporation to
refrain from bidding; and (d) that he has not sought, by collusion or
otherwise, to obtain for himseif any advantage over any other bidder
or over the City of Denton, Texas.
Dated In Kansas City, Missouri this 17 day of February 1967.
SIGNATURE OF BIDDER:
I
If an lndlvldua+: doing business
as
If a Partnership: _
I
by , member of firm
I
If a Corporation: The Marley Ca Vany (State Delaware)
I
by ./y
(SEA.)
Tit' e P.B. Reed
Vice pmsidwt_
Business Address of Bidder: 222 West Gre
Kansas City, ss
P F - 3
PERFORMANCE AND LIABILITY BOND
STATE OF
COUNTY OF
KNOW ALL MEN BY THESE PRESENTS,
THAT The Marley Company of Kansas City, Missouri
(here).iafter called the Principal) as Principal, and St. Pau Fire and
Marine Insurance Company, a corporation organized and existing under
the laws o' the State of Minnesota , with !ts principal office in
the City of St. Paul, Minn.- , 'hereinafter cailed the Surety) as
Surety, are held and firmly bound unto the City of Denton, Denton County,
Texas, (hereinafter called the Obligee) in the amount of Thirty Eight Thousand
Five Hundred Sixty Five and no cents Dollars
(S 3-8, S 5.00 ) for the payment whereof, the said Frincipal
and Surety bind themselves, and their heirs, administrators, executors,
successors, and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered Into a certain written contract
with the Obligee, dated the 17th day of ebr a•U_.,1967, to con-
struct Repairs and Revisions to Units 01 and #2 Cooling Towers, which
contract is hereby referred to and made a part hereof as fully and
to the same extent as If copied at length herein;
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that
if the said Principal shall faithfully perform the work In accordance
with the plans, specifications, and contract documents, and shall
hold and keep the Obligee harmless and free from a!1 patent Infringe-
ments, liability demands, and expense of every Rlnd and nature for
accident or injury to any person or persons or property resulting
from prosecution of the work pursuant to the terms of the contract, then
this obligation shall be void; oiherwlse to remain Ir Full force and
effect.
PROVIDED, HOWEVER, that this bond Is executed pursuant to the
provisions of Article 5!60 of the Revised CivI l Statues of Texas as
amended by Acts of the 56th Legislature, 1959, and al! llabilitles on
this (pond shall be determined in accordance with the provisions of
said Article to the same extent as if it were copied at length herein;
IN WITNESS WHEREOF, the said Principal and Surety have signed
and sealed this Instrument this 17th day of February, 1967.
(Seal If Th Co an
Corporation) P )ilncipal
c re<< en - teas
ty
by: -Attorney-in-fact
(Seal)
Countersigned
PB -f
BY
_
exas Resident Agent
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TEXAS STATUTORY PAYMENT BOND
STATE OF
COUNTY OF
KNOW ALL MEN BY THESE PRESENTS,
THAT _ The Marley Company of Kansas City, Missouri
(hereinafter called the Principal) as Principal, and $t. Paul Fire and
Marro Insurance company a corporation organized. and existing under
the laws of the State of _ Minnesota , with Its principal office
In the City of St. Paul. Minn._, (hereinafter called the Surety),
as Surety, are held and firmly bound unto the City of Denton, Denton
County, Texas, (hereinafter called the Obligee) in the amount of
Thirty Eight Th san Five Hundred Sixty Five and no ctgd)ollars
1$ 38365.00 ) for the payment whereof, the said principal and
Surety bind themselves, and their heirs, administrators, executors,
successors, and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered Into a certain written con-
tract with the Obligee, dated the 17th day of February 1967,
to construct Repairs and Revisions to Units 01 and 02 Coo Ing Tower,
which contract is hereby referred to and made a part hereof as fully
and to the same extent as if copied at length herein;
NOW THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH, tiiat if
the said Principal shall pay all claimants supplying labor and material
to him or a subcontractor in the prosecution of the work provided for
in said contract, then this ob!igation shall be void; otherwise to
remain In full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of Article 5160 of the Revised Civil Statutes of Texas as
amended by Acts of the 56th Legislature, 1959, and all liabilities
on this bond to ail such claimants shai: be determined In accordance
with the provisions of said Article to the same extent as if it were
copied at length herein;
IN )FITNESS WHEREOF, the said Principal and Surety have signed
and sealed this Instrument this 17th day of February 1967.
{Seal If The a Cop Y
Corporation) By K Principal
Vic President-Teeas r
urety
{Seal} 8y; er ___.dttorney-in-fact
Countersigned S B - I
By
Texas Resident Agent
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CONTRACT AGREEMENT
THE STATE OF TEXAS 1
COUNTY OF DrNTON II
THIS AGREEMENT made and entered into this 28th day of FebruarY ,
A.D. 1967, by and between the City of Denton, of the County of Denton
and State of Texas, acting through its City Officials, thereunto duty
authorized so to do, Party of the First Part, hereinafter termed
Owner, and The Marley Company of the City of
Kansas City County of Jackson and State of
'ss ,ri , Party of the Second Part, herein-
after termed Contractor.
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned to be made and performed by the Owner
and under the conditions expressed in the bond securing the payment
for materials, labor, and equipment and the bond securing the perfor-
mince of this contract, CONTRACTOR hereby agrees with the said OWNER
to commence and complete the construction of certain improvements
o9scribed as follows:
Item 1AEPA1AS'AND RE4
V1TIMS TO UNITS N1 AND 02 COOLING TOWERS
OF THE CITY OF DENTON, TEXAS
for the sum of Forty-Four Thousand One Hundred Wen Five
Dollars ( , )
and all extra work in connection therewith, under the terms as stated
in the General and Special Condltlons of the contract; and at his (or
their) own proper cost and expense to furnish all the machinery,
equipment, tools, superintendence, labor, insurance, and other acces-
sories and services necessary to complete the said construction in
accordance with the conditions and prices stated in the proposal
attached hereto, and In accordance with the plans, which Include all
maps, blue prints, and other drawings and printed or written explana-
tory matter thereof; and the specif'cations and contract documents
therefor, together with the Advertlsement for Bids, the Instructions
to Bidders, the Contractor's written Proposal, the Questionnarle, the
Contract Agreement, the General and Special Condltions of the contract,
and Contract Documents, the Payment Bond, and the Performance Bond,
all of which are hereto attached and all of which are made a part
hereof and collect!vely evidence and constitute the entire contract.
It is further particularly agreed between the parties to this
agreement:
That said work and material for the project coveree by the contract
documents shall be completely Installed ane delivered to the Owner within
the time above stated, clear and free from any and all liens, claims,
and demands of any kind for materials, equipment, supplies, labor, accl-
C A - 1
dent, death or otherwise. To insure prompt, faithful, sufficient, and
complete performance to this contract on Its part, the Contractor has
attached hereto and hereby makes a part hereof a Payment Bond and a
Performance Bond, each to be satisfactory In all respects to the Owner.
Said bonds each in the full amount of the contract price are to Insure
the faithful performance of the contract under all conditions laid down
by it and the contract documents covering equipment furnished, labor
employed, workmanship, material, time of completion, and delivery. Said
bonds shall hold and keep said Owner harmless and free from all liens,
claims, patent infringement, liability demands, and expenses of every
kind and nature for any accident or injury to any person or persons or
property occasioned by or resulting from the prosecution of the work
pursuant to the terms of this contract.
That, in accorca^<:,_% with Chapter 45 of the Acts of the 43rd Legis-
lature of the State of Texus, the Contractor shall forfeit as a penalty
to the Owner, Ten Dollars ($10.00) for each laborer employed for each
day or portion of day such iaborer is paid less than the rtes stipulated
in the wagos scale for work dme for the Contractor or any subcontractor
under him under this contract.
That the full compensation to be paid the Contractor by the Owner
pursuant to the terms of the Contract shall be payable as provided in
the General Conditions of the controct documents.
This Contract is executed In four (4) counterparts.
IN WITNESS WHEREOF, said pPrtles hereto have hereunto set their
hands and seals at Denton, Texas, the day and year first above written.
CITY OF DENTON, TEXAS, Owner
(Seal)
.4,,~.) 1~.+~. Ca F,...a .
by 40
:TT Wa-ren Whitson, Jr., Mayor
Secretary
THE MARLEY COMPANY
CONTRACTOR
Affix Corporate by. V
Seal here, if any Fe Be Reed _ Vice-President
APPROVE AS T FORM: Title
City orney
CA-2
5
GENERAL CONDITIONS
GC-1. SCOPE: The contract stipulations which follow are general in
scope, in =may refer to conditions not encountered on or in connection
with the work covered by this contract. Any provision of these General
Conditions which pertains to a nonexistent condition and is not appli-
cable to the work to be performed hereunder, or which conflicts with
any provision of the Special Conditions, shall have no meaning in the
contract and shall be disregarded.
GC-2. CONTRACT DOCUMENTS: It is understood and agreed that the Notice
to Contractors, nstructions to Bidders, Proposal, Performmice Bond,
Statutory Bond, Contract Agreement, General Conditions, Special Condi-
tions, Specifications, Plans, Addenda, Change Orders, and specifications
and engineering data which may be furnished by the Contractor and approved
by the Owner, are each and all included in this contract and the work
shall be done in accordance therewith.
GC-3. DEFINITIONS: Words, phrases, or other expressions used in these
contract ocuments and defined in this Paragraph GC-3, shall have the
meaning herein given:
1. "Contract" or "Contract documents" shall include all documents
enumerated in the foregoing Paragraph GC-2.
2. 'owner" shall mean the City of Denton, Texas, designated as
"Party of the First Part", in the Contract Agreement and for
whom the work covered by this contract is to be performed,
acting through its duly authorizel officers and agents.
3. "Contractor" shall mean the corporation, partnership, or indi-
vidual, named and designated in the Contract Agreement as the
"Party of the Second Part", who has entered into this contract
for the performance of the work covered thereby, and its, his,
or their duly authorized agents and other legal representatives.
4. "Subcontractor" shall mean and refer only to a corporation,
partnership, or individual having a direct contract with the
Contractor for (a) performing a portion of the contract work,
or (b) furnishing material worked to a special design accord-
ing to the contract plans or specifications; it does not, how-
ever, include one who merely furnishes material not so worked.
5. "Engineer" shall mean the engineEr or engineers who have been
designated, appointed, or otherwise employed or delegated by
the Owner for this work, or their duly authorized agents, such
agents acting within the scope of the particular duties entrusted
to them in each ease.
6. "Inspector" shall mean the engineering or technical inspector or
inspectors duly authorized by the Owner or Engineer, limited in
each case to the particular duties entrusted to him or them.
GC -i
7. "Date of Contract," of words equivalent thereto, shall mean the
date written in the first paragraph of the Contract Agreement.
8. "Day" or "days," unless herein otherwise expressly defined, shall
mean a calendar day or days of twenty-four hours each.
9. "The Work" shall mean the work to be done and the equipment, sup-
plies, materials, and services to be furnished under the contract,
unless some other meaning is indicated by the context.
10. "Plans" or "drawings" shall mean and include all (a) drawings pre-
pared by the Owner as a basis for proposals, (b) all supplementary
drawings furnished by the Engineer as and when required to make
clear, and to define in greater detail, the intent of the contract
plans and specifications, (c) drawings submitted by the successful
bidder with his proposal and by the Contractor to the Owner, when
and as approved by the Engineer, and (d) drawings submitted by the
Owner to the Contractor during the progress of the work as pro-
vided for herein.
11. Whenever in these contract documents the words "as ordered,"
"as directed," "as required," "as permitted," "as allowed," or
words or phrases of like import are used, it shall be taxierstood
that the order, direction, requirement, permission, or allowance
of the Owner and Engineer is intended.
12. Similarly the words "Approved," "reasonable," "suitable," "accept-
able", "properly," "Satisfactory," or words of like effect and
import, unless otherwise particularly specified herein, shall
mean approved, reasonable, suitable, acceptable, proper, or sat-
isfactory in the judgment of the Owner and Engineer.
13. Whenever any statement is made in the contract documents containing
the expression "it is understood and agreed," or an expression of
like import, such expression means the mutual understanding and
agreement of the parties executing the contract agreement of which
these general conditions are a part.
GC-4. VERBAL STATEMENTS NOT BINDING: It is understood and agreed that the
written terms anprovisl of tfi s agreement shall supersede all prior
verbal statements of any and every official and/or other represen-
tative of the Owner, and such statements shall not be effective or be con-
strued as entering into, of forming a part of, or altering in any wise
whatsoever, the written agreement.
GC-S. TITLES AND SUBHEADINGS: The titles or subheadings used in this con-
tract and the contract plans and drawings and in the specifications, are
understood to be for convenience of reference only, and shall not be taken
or considered as being a part thereof, or as having any bearing on the
interpretation therof.
GC-6. COPIES OF CONTRACT: Four (4) counterpart copies of the Contractor's
propose ass tt , performance bond, a statutory bond where required
and the contract agreement shall be prepared. TW (2) of these copies,
GC-2
I
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each containing the band (or bonds) properly executed and the contract
agreement signed by the Contractor, shall be submetted to and signed by
the Owner; one of the copies so signed shall be delivered to the Contractor.
A third copy, containing the executed perfa,-nance bind, shall be delivered
to the Engineer. The fourth copy is to be retained by the surety convany.
The original copy of the proposal submitted by the Contractor is to be
retained by t;ie Owner, in addition to the copy thereof in the Owner's
copy of the executed documents.
GO-7. SCOPE NATURE AND INTENT OF SPECIFICATIONS AND PLANS: The speci-
fications anpans are intended to supplement, but not necessarily dup-
licate each other. Any work exhibited in the one, and not in the other,
shall be executed just as if it had been set forth in both, in order that
the work be completed according to the complete design as decided and
determined by the Engineer.
Should anything be omitted from the specifications and plans which is
necessary for a clear understanding of the work, or should it appear that
various instructions are in conflict, then the Contractor shall secure
written instructions from the Engineer before proceeding with the con-
struction affected by such omissions or discrepancies. It is understood
and agreed that the work shall be performed and completed according to
the true spirit, meaning and intent of the contract, specifications and
plans.
The Contractor's responsibility for construction covered by conflicting
requirements, not provided for by addendum prior to the time of opening
bids for the work represented therby, shall not extend beyond the con-
struction in conformity with the cheaper of said conflicting requirements.
Any increase in cost of work required to be done, in excess of the cheaper
of the conflicting :equirements, will be paid for as extra work as pro-
vided herein.
GC-8. FIGURED DIMENSIONS TO GOVERN: Dimensions and elevations shown on
the plans shall be accurately o awed, even though they differ from scaled
measurements. No work shown on the plans, the dimensions of which are
not indicated, shall be executed until necessary dimensions have been
obtained from the Engineer.
GC-9. CONTRACTOR TO CHECK PLANS AND SQiEDULES: The Contractor shall check
all dimensions, elevations, an quantities s awn on the plans, and sched-
ules given to him by the Engineer, and shall notify the Engineer of any
discrepancy between the plans and the •.onditions of the ground, or any
error or omission in plans, or in th: layout as given by stakes, points,
or instructions, which he may discover in the course of the work. The
contractor dill not be allowed to take advantage of any error or omission
in the plans or contract documents, as full instructions will be furnished
by the Engineer should such error or omission by discovered, and the
Contractor shall carry out such instructions as if originally specified.
GC-10. DRAWINGS TO BE FURNISHED BY CONTRACTOR: The Contractor shall fur-
hish all shop, fabrication, assembly, t2on, or other drawings
required by the specifications; drawings of equipment and devices, offered
GC-3
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by the Contractor for approval by the Engineer, in sufficient detail to
adequately show the construction and operation therof; drawings showing
essential details of any change in design or const ruction, proposed by
the Contractor for consideration by the Owner, in lieu of the design or
arrangement required by she contract or any item of extra work therunder;
and all required wiring and pipir^ layouts. Not less than two (2)pre-
liminary copies of each such drawing shall be submitted to the Engineer
for his check and approval, together with the same number of copies of
each drawing required by the Engineer to be revised. On final approval,
the Engineer shall be furnished with a total of not less than five (S)
copies, and more when required, of each drawing as finally approved;
such number to include any copies of preliminary or revised drawings
which are approved as submitted. After due approval by the Engineer, all
such drawings shall become a part of the contract documents and the work
or equipment shown thereby shall be in conformity therewith unless other-
wise required by the Owner. No work shall be performed in connection
with the fabrication or manufacture of material or equipment shown by any
drawing thereof, nor shall any accessory, appurtenance, or device not
fabricated or manufactured by the Contractor or his subcontractor, be
purchased until the drawing or drawings therfor have been aapppproved as
stipulated, except at the Contractor's own risk and responsiblity.
The Engineer's check and approval of drawings submitted by the Contractor
will be for, and will cover, only general conformity to the plans and
specifications and will not consitute a blanket approval of all dimensions,
quantities, or details of the material or equipment shown by such drawings,
nor shall such approval relieve the Contractor of responsibility for
errors contained therein.
GC-11. LEGAL ADDRESSES: Both the business address of the Contractor
given in the bid or proposal upon which this contract is founded, and
the Contractor's office in the vicinity of the work, are hereby designated
as the places to which all notices, letters, and other communications
to the Contractor may be mailed or delivered. The business address of
the Owner appearing on the first page of these General Conditions, in
subparagraph 2 entitles: "Definitions," is hereby designated as the place
to which all notices, letters, and other communications to the owner may
be mailed or delivered. The delivery by one party to the other party at
an address so designated, or the depositing in any mail box regularly
maintained by the post office, of any notice, letter, or other communi-
cation addressed to such address, postage prepaid, registered or certified
mail with return receipt required, shall be deemed sufficient service
thereof, and the date of said service shall be the date of such delivery
or mailing. Either party may change the said address or addresses at
any time by an instrument in writing delivered to the Engineer and to
the other party. Nothing herein contained shall be deemed to preclude
or render inoperative the service of any notice, letter, or communication
upon either party personally.
GC-12. RESPONSIBILITY OF 0WRACTOR: The Contractor shall:
G C - 4
a. Furnish all transportation, tools, equipment, machinery and
plant, and all suitable apppliances, requisite for the execu-
tion of the contract, and be solely answerable for the safe,
proper, and lawful construction, maintenance and use thereof.
b. Cover and protect his work from damage; all injury therto
before the completion and acceptance of this contract shall
be made good by him.
c. Be solely answerable for all damage to the.Owner or property
of the Owner, to other contractors or employees of the Owner,
to the neighboring premises, or to any private or personal
property, due to improper, illegal, or negligent conduct of
himself or his subcontractors, employees, or agents in or
about said work, or in the performance of the work covered by
this contract, or any extra work undertaken as herein provided,
or to any defect in, or the :Lmoroper use of, any scaffolding,
shoring, apparatus, ways, works, machinery, or plant.
GC-13. PATENTS: It is mutually agreed by and between the parties to this
contract Ti t all royalties and fees for and in connection with patents
or patent infringement claims for materials, articles, apparatus, devices,
or equipment (as distinguished from processes) used in or for the work,
shall be included in the contract amount and th.- Contractor shall satisfy
all demands that may be made at any time for such; and he shall be lia-
ble for any damages, or claims for patent infringements. The Contractor
shall, at his awn cost and expense, defend any and all suits or proceed-
ings that may be instituted at any time against the Owner for infringe-
ment or alleged infringement of any such patents involved in the work
and, in case of an award of damages, the said Contractor shall pay such
award. Final payment to the Contractor by the Owner will not be made
while any such suit or claim remains unsettled. The Contractor, however,
shall not be liable for the defense of any suit or other proceedings,
nor for the payment of any damages or other costs in connection therewith,
for the infringement or alleged infringement of any patented process re-
quired by the Owner in the design of the work to be done under this
contract or by the contract specifications therefor.
GC-14. INDEPENDENT CONTRACTOR: The right of general supervision by the
Owner shall not make Me' ntractor an agent of the Owner, and the lia-
bility of the Contractor for all do-cages to persons, firms and corpora-
tions, arising from the Contractor's execution of the work, shall not be
lessened because of such general supervision; but as to all such persons,
firms, and corporations, and the damages, if any, to them or their prop-
erty, the Contractor herein is an independent contractor in respect to
the work.
GC-1S. RELATIONS WITH OMER COTNITAACTORS: The Contractor shall cooperate
with all other contractors wFio may'T performing work in behalf of the
Owner, and workmen who may be employed by the Owner, on any work in
the vicinity of the work to be done under this contract, and he shall so
conduct his operations as to interfere to the least possible extent with
GC - S
the work of such contractors or workmen. He shall promptly make good,
at his own expense, any injury or damage that may be sustained by other
contractors or employees of the Owner at his hands. Any difference or
conflict which may arise between the Contractor and other contractors, or
between the Contractor and ':he workmen of the Owner, in regard tr their
work shall be adjusted and determined by the Engineer. If the work of
the Contractor is delayed because of any acts or omissions of any other
contractor or contractors, the Contractor shalt have no claim against
the Owner on that account other than for an extension of time.
When two or more contracts are being executed at one time in such manner
that work on one contract may interfere with that on another, the En-
gineer shall decide which contractor shall cease work and which shall
continue, or whether the work on both contracts shall progress at the
same time, and in what manner.
When the territory of one contract is the necessary or convenient means
of access for the transportation or movement of men, materials, or
appliances required for the execution of another contract, such privi-
leges of access or any other reasonable privilege may be granted by the
Engineer to the contractor so desiring, to the extent and amount, in
the manner, and at the time, which may be reasonably necessary.
GC-16. MMWDS OF OPERATION: The Contractor shall give to the Engineer
full information, in advance, as to his plans for carrying on any part
of the work, If, at any time prior to the start or during the progress
of the work, any part of the Contractor's plant or equipment or any of
his methods of executing the work, appear to the Engineer to be unsafe,
inefficient, or inadequate to insure the required quality or rate of
progress of the work, he may order the Contractor to increase or improve
his facilities or methods, and the Contractor shall promptly comply
with such orders; but neither compliance with such orders, nor failure
of the Engineer to issue such orders, shall relieve the Contractor from
his obligation to secure the degree of safety, the quality of wcrk, and
the rate of progress required by this contract. The Contractor alone
shall be responsible for the safety, adequacy, and efficiency of his
plant, equipment, and methods.
The approval by the Engineer of an plan or method of work proposed by
the Contractor shall not relieve the Contractor of any responsibility
therefor, and such approval shall not be considered as an assumption by
the Owner, or any officer, agent, or employee thereof, of any risk or
liability, and the Contractor shall have no claim under this contract
on account of the failure or inefficiency of any plan Or me0iod so
approved. Such approval shall mean only that the Engineer Ines no ob-
jection to the adoption or use by the Contractor of such plan or method
at the Contractor's own risk and responsibility.
GC-17. SUGGESTIONS TO CONTRACTOR ADOPTED AT HIS OWN RISK: Any plan or
method or won suggest by the Engineer, or other representative of
the Owner, to the Contractor, but not specified or required, if adopted
or followed by the Contractor in whole or in part, shall be used at the
risk and responsibility of the Contractor; and the Engineer and the
Owner will assume no responsibility therefor.
GC-6
GC-18. AMORITY AND DUTY OF THE ENGINEER: It is mutually agreed, by and
between the parties to :s contract, Fiat the Engineer shall supervise
all work included here3-.&. In order to prevent delays and disputes, and
to discourage litigation, it is further agreed by and between the parties
to this contract that the Engineer shall in all cases determine the
amounts and quantities of the several kinds of work which are to be paid
for under the contract; that he shall determine all questions in relation
to said work and the construction therof; that he shall in all cases
decide every question which may arise relative to the execution of the
contract on the part of the Contractor; that his decisions and findings
shall be the conditions precedent to the right, of the parties hereto, to
arbitration or to any action on the contract, and to the rights of the
Contractor to receive any money under this contract: Provided, however,
that should the Engineer render any decision or give any direction which,
in the opinion of either party hereto, is not in accordance with the
meaning and intent of this contract, either party may file with the
Engineer, within thirty (30) days, a written objection to the decision
or direction so rendered. It is the intent of this agreement that there
shall be no delay in the execution of the work, and the decision or di-
rections of the Engineer as rendered shall be promptly carried out.
GC-19. SUPERVISION AND INSPECTION: It is agreed by the Contractor that
the Owner shall be an is Hereby authorized to appoint or eaploy (either
directly or through the Engineer) such supervising engineers and inspec-
tors as the Owner may deem proper, to inspect the materials furnished and
the work performed under this contract, and to see that the,said materials
are furnished'and the said work performed in accordance with the plans
and specifications therefor. The Contractor shall furnish all reasonable
aid and assistance required by the Engineer, or by the supervisors or
inspectors, for the proper inspection and examination of the work and all
parts therof.
The Contractor shall regard and obey the directions and instructions of
the Engineer, or any supervisor or inspector so appointed, when the same
are consistent with the obligations of this contract. Should the Con-
tractor object to any order given by any subordinate engineer, supervisor,
or inspector, the Contractor may make written appeal to the Engineer for
his decision.
Stpervising engineers, inspectors, and other properly authorized repre-
sentatives of the Owner or Engineer shall be free at all times to perform
their duties, and any intbridation or attempted intimidation of any one
of them by the Contractor or by any of his employees shall be sufficidnt
reason, if the owner so decides, to annul the contract.
Such inspection shall not relieve the Contractor from any obligation to
perform said work strictly in accordance with the plans and specifications
or any modifications thereof as herein provided, and work not so con-
structed shall be removed and made good by the Contractor at his own ex-
pense, and free of all expense to the Owner, whenever so ordered by the
Engineer, without reference to any previous oversight or error in
inspection.
GC-7
GC-20. NO WAIVER OF RIGHTS: Neither the inspection by the Owner or any
of the Owner s o cia s, employees, or agents, nor any order by the
Owner for payment of maney, or any payment for, or acceptance of, the
whole or any part of the work by the Owner or Engineer, nor any extention
of time, nor any possession taken by the Owner or its employees, shall
operate as a waiver of any p-.nvision of this contract, or of any power
therein reserved to the Owner, or any right to damages herein provided,
nor shall any waiver of any breach in this contract be held to be a
waiver of any other or subsequent breach.
GC-21. SUPERINTEN'}FNCE OF WORK: The Contractor shall provide and maintain,
continua yon t e site o the work during its progress, adequate and com-
peter;t superintendence of all operations for and in connection with the
worl being performed under this contract, either personal or by a duly
authorized superintendent or other representative.
The superintendent or other representative of the Contractor on the work,
and who has charge thereof, shall be fully authorized to act for the
Contractor and to receive whatever orders as may be given for the proper
prosecution of the work, or notices in connection therewith.
GC-22. ORDERS TO CWMCTOR'S AGENT: Wh.never the Contractor is not
present ar any pa o the work ere it may be desired to give directions,
orders may be given by the Engineer or his representative to, and shall
be received and obeyed by, the superintendent or foreman who may have
charge of the particular part of the work in reference to which such
orders are given.
GC-23. PROTECTION OF PROPERTY AND PUBLIC LIABILITY: The Contractor shall
assume u responsibility or the protection oa 1 public and private
property, structures, sewers, and utilities, both above and below ground,
along, beneath, above, across, or near the site or sites of the work
being performed under this contract, or which are in any manner affected
by the prosecution of the work or the transportation of men or materials
in connection therewith. Barriers shall be kept placed at all times to
protect persons other than those engaged on or about the work from
accident, and the Contractor will be held responsible for all accidents
to persons or property through any negligence of himself or his employees.
The Contractor shall give reasonable notice to the owner or owners of
public or private property and utilities when such propert y is liable to
injury or damage through the performance of the work, and shall make all
necessary arrangements with such owner or owners relative to the. removal
and replacement or protection of such property or utilities.
All permits and licenses required in the prosecution of any and all parts
of the work shall be obtained and paid for by the Contractor.
The Contractor shall satisfactorily shor, support, and protect any and
all structures, and all pipes, sewers, drains, conduits, and other facil-
ities belonging to the awrner, and shall le responsible for any damage
resulting thereto. The Contractor shall not be entitled to any damages
or extra pay on accent of any postponement, interference, or delay
GC-6
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caused by any such structures and facilities being on the line of the work,
whether they are shown an the plans or not.
GC-24. DEFENSE OF SUITS: In case any action at law or suit in equity is
brought against t e er or any officer or agent thereof, for or an
account of the failure, omission, or negligence of the Contractor to do
and perform any of the covenants, acts, matters, or things by this con-
tract undertaken to be done or performed, or for the injury or damage
caused by the negligence or alleged negligence of the Contractor or his
subcontractors or his or their agents, or in connection with any claim
or claims based on the lawful demands of subcontractors, workmen, material
men, or suppliers of machinery and parts thereof, equipment, power tools,
and supplies incurred in the fulfillment of this contract, the Contractor
shall indemnify and save harmless the Owner and officers and agents of
the Owner, of and from all losses, damages, costs, expenses, judgments,
or decrees whatever arising out of such action or suit that may be brought
as aforesaid.
GC-25. INSURANCE: The Contractor shall secure, and maintain throughout
the dura- o oT1this contract, insurance of such types and in such amounts
as may be necessary to protect himself against all hazards or risks of
loss as hereinafter designated and specified. The form, and limits of
such insurance, together with the underwriter thereof.in each case, shall
be approved by the Owner, but, regardless of such approval, it shall be
the responsibility of the Contractor to maintain adequate insurance
coverage at all times. Failure of the Contractor to maintain such coverage
shall not relieve him of any contractual responsibility or obligation.
If'a part of the contract work is to be sublet, the Contractor shall:
a. Cover any and all subcontractors in his insurance policies, or
b. Require each subcontractor not so covered to secure insurance
which will protect said subcontractor against all applicable
hazards or risks of loss designated herein.
Satisfactory certificates of insurance shall be filed with the Owner
prior to starting any construction work for or in connection with this
contract. Said certificates shall state that ten (10) days written
notice will be given the Owner before any policy covered thereby is
changed or cancelled.
GC-21.01 Workmen's Compensation and Employers' Liability Insurance: this
insurance sTl protect the Contractor against any an a chars brought
under the Workmen's Compensation Law for the state or states involved in
work performed under this contract. It shall also protect the Contractor
against claims for injury to, disease or death of workmen engaged in work
under this contract which, for any reason, may not fall within the pro-
visions of the Workmen's Compensation Act.
Liability limits for this insurance shall be not less than the following:
Workmen's Compensation: Statutory
Employer's Liability $100,000 each person
GC-9
GC-25.02 Comprehensive General Liability _Insurance: This insurance, to
be on the c- hens- i c'orm`s aI prI~otect the Contractor against ny
and all claims arising from injuries to members of the public or damage
to property of others arising out of any act or omission of the Contractor,
his agents, employees or subcontractors, in connection with the operation
or performance of the work for and in connection with this contract. In
Addition, this general liability insurance policy shall specifically
insure the contractual liability of the Contractor assumed under the
foregoing paragraph "Defense of Suits".
The property damage liability coverage under this policy shall contain no
exclusion relative to blasting, explosion, collapse of buildings, or
damage to underground property.
Liability limits for general liability insurance coverage under this
policy shall be not less than the following:
Bodily Injury : $100,000 each person
$300,000 each person
Property Damage : $100,000 each accident
$200,000 aggregate
GC-25.03. Comprehensive Automobile Liability Insurance: This insurance,
to be on the c-omprehens ve tom, shall protect a tractor against any
and all claims for injuries to members of the public and damage to ge prop-
erty of others arising from the use of automobiles and trucks in connec-
tion with the performance of work under this contract, and shall cover
the operation on or off the site of the work of all motor vehicles licensed
for highway use, whether they are owned, non-owned, or hired by the
Contractor. The policy shall include an "all states" endorsement.
Liability limits for automobile liability insurance coverage under this
policy shall be not less than the following:
Bodily Injury : $100,060 each person
$300,000 each accident
Property Damage : $ 50,000 each accident
GC-26. ESTIMATED 9!AL TIES: Any and all estimated quantities stipulated
in the proposal term unTer unit price items are approximate and are to be
used only (a) as a basis for estimating the probable cost of the work and
(b) for the purpose of comparing the proposals submitted for the work.
It is understood and agreed that the actual amounts of work done and
materials furnished under unit price items may differ from such estimated
quantities, and that the basis of payment for such work and materials
shall be the actual amount of work done and materials furnished in each
case. The Contractor agrees that he will make no claim for damages,
anticipated profits, or otherwise on account of any difference between
the amounts of work actually performed and materials actually furnished
and the amounts estimated therefor in the proposal or other contract
document.
GC-10
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GC-27. MODIFICATIONS AND ALTERATIONS: The Contractor agrees that the
Owner she eve t e ri t to a modifications, changes and alteratioas
in the arrangement or extent of the work, without affecting the validity
of the contract and performance bond thereunder.
If the modification or alteration increases the amount of work to be done,
and the added work or any part thereof is of a type and character which
can be properly and fairly classified under one or more unit price items
of the proposal, then such added work or part thereof shall be paid for
according to the amount actually done and at the applicable unit price or
prices therefor. Otherwise, such work shall be paid for as herein pro-
vided under "Extra Work."
If the modification or alteration decreases the amount of work to be done,
such decrease shall not consitute the basis for a claim for damages or
anticipated profits on work affected by such decrease. Where the value
of omitted work is not covered by applicable unit prices, the Engineer
shall determine on an equitable basis the amount of (a) credit due the
Owner for contract work not done as a result of an authorized change,
(b) allowance to the Contractor for any actual loss incurred in connec-
tion with the purchase, delivery and subsequent disposal of materials or
equipment required for use on the work as planned and which could not be
used in any part of the work as actually built, and (c) any other adjust-
ment of the contract amount where the method to be used in making such
adjustment is not clearly defined in the contract documents.
Except for minor changes or adjustments which involve no contract price
adjustment or other monetary consideration, and with the exception of ad-
justments of estimated quantities for unit price work or materials to
conform to actual pay quantities therefor as hereinbefore provided under
"Estimated Quantities", all changes and alterations in the terms or scope
of the contract shall be made under the authority of duly executed change
orders issued and signed by the Owner and accepted and signed by the
Contractor.
GC-28. EXTRA WORK: The Tenn "Extra Work," as used in this contract, shall
be under-staa to mean and include alI work that may be required by the
Owner or Engineer to be done by the Contractor to accomplish any change or
alteration in or addition to the work shown by the plans or reasonably
implied by the specifications and not covered by contract proposal items,
and which is not otherwise provided under '%diflcations and Alterations."
It is ri;ceed that the Contractor shall perform all extra work under the
direction of the Engineer when and as so ordered in writing by the Engineer
subject, however, to the right of the Contractor to require a written con-
firmation by the Owner of such extra work order. It is further agreed
that the compensation to be paid the Contractor for performing extra work
shall be determined by one or more of the following methods:
Method "A": By agreed unit prices; or
Method "B": By agreed lump sum; or
Method "C": If neither Method "A" nor Method"B" can be agreed upon
before the extra work is started, the Contractor shall
GC - 11
be paid his actual field cost of the work plus fifteen
per cent (151) or work _w RUT he performs with his own
farces and/or the Contractor shall be paid the subcon-
tractor's actual field cost of the work plus twenty-
five per cent or wor which is performed by his
subcontractor or subcontractors.
Where extra work is performed under Method "C", the term actual field cost
of such extra work is hereby defined to be and shall include: a The pay-
roll cost for all workmen, such as foremen, mechanics, craftsmen, and
laborers; (b) the cost of all materials and supplies not furnished by the
Owner; (c) rem al for all parer-driven equipment at agreed-upon rates for
the time actuaVy employed or used in the performance of the extra work;
(d) transportation charges necessarily incurred in connection with any
equipment authorized by the Engineer for use on said extra wor;: and which
is not already on the job; (e) all power, fuel, lubricants, water, and
similar operating expenses; (f) all incidental expenses incurred as a
direct result of such extra work, including sales or use taxes on materials,
payroll taxes, and the additional premiums for construction bonds, workmen's
compensation, public liability and property damage, and other insurance
required by the contract where the premiums therefor are based on payroll
and material costs. The Engineer may direct the form in which the actual
field cost shall be kept, and may also specify in writing before the worc
commences the method of doing the work and the type and kind of machinery
and equipment, if required, which shall be used in the performance of
extra work under Method "C". If machinerv or heavy construction equipment
is required for extra work, the authorization and basis of payment for
the use thereof shall be stipulated in the written extra work order.
The applicable "plus" percentage (15% or 25%) of the actual field cost to
be allowed and paid to the Contractor shall constitute full compensation
for profit, overhead, superintendence, field office expense, and all other
elements of cost not embraced within the actual field cost as herein defined.
No claim for extra work of any kind will be allowed unless ordered in
writip; by the Engineer or Owner. In case any orders or instruction,
eithe-: oral or written, appear to the Contractor to involve extra work for
which he Aould receive compensation, he shall make a written request to
the Engineer for a written order authorizing such extra work. Should a
difcerence of opinion arise as to what does or does not constitute extra
wort, or concerning the payment thereof, and the Engineer insists on its
performance, the Contractor shall proceed with the work after making a
written request for a written extra work order and shall keep an accurate
account of the actual field cost thereof as provided for Method "C" in
the foregoing paragraph.
GC-29. EXTRA WORK A PART OF CONTRAI,7: If extra work is performed in accordance
with the provisions o this contract, such extra work shall be considered a
part hereof and subject to each and all terms and conditions of said contract.
GC-30. ARBITRATION: All questions of dispute arising from or in connection
with interpretation or application of any provision of the Contract Agreement,
and general and special conditions thereof, may be submitted to arbitration
by agreement or both parties in the following manner. The
GC -12
party desiring to have arbitration (referred to in this clause as "Party
A") shall notify the other party (referred to in this clause as "Party B'J
in writing of such desire,and in such notice shall specify the question
it is desired to arbitrate and shall name an arbitrator. If Party B
wishes to agree to arbitration, it shall so notify Party A in writing
within ten days after receipt of the said notice from Party A, and Party B's
notice shall either state that the arbitrator named by Party A shall act
as sole arbitrator, or shall name an additional arbitrator. If Party B,
in its said notice, names an additional arbitrator, then the arbitrator
named by Party A and the arbitrator named by Party B shall choose a third
arbitrator. If, and only if, such notice shall be so given by Party B,
the arbitration procedure herein set forth shall become compulsory.
The arbitrator or arbitrators shall act with promptness. In the case of
three arbitrators, the decision of any two shall be binding on both parties
to the contract, as shall that of a single arbitrator if the dispute is
submitted thereto as heretofore provided. The decision of the arbitrator
or arbitrators may be filed in court to ca it into effect.
If they consider that the case so demands, the arbitrator or arbitrators
are authorized to award the party whose contention is sustained such scan
or sums as they may deem proper for the time, expense and trouble incident
to the appeal, and if the appeal was taken without reasonable cause, they
may award damages for any delay occasioned thereby. The arbitrators shall
assess the costs and charges of the arbitration upon either or both parties.
The award of the arbitrators must be made in writing, and shall not be
open to objection on account of the form of proceedings or award.
The Contractor shall not cause a delay of the work during any arbitration
proceedings, except by agreement with the Owner. It is understood and
agreed by the parties to the contract that no requirement or statement
herein shall be interpreted as curtailing the power of the Engineer to
determine the amount, quality, and acceptability, of work and materials.
If, for any reason, after the said notices have been duly given by Party A
and Party B, the arbitrators appointed shall be unable or shall fail to
act with reasonable promptness, in appointing a third arbitrator, Party A
(or, if he does not do so within a reasonable time, Party B) may request
a judge of the United Stated District Court who regularly holds court in
the district in which the site of the work, or any part therecf is located,
to appoint the said third arbitrator. If it appears to such judge that
the two arbitrators originally appointed were unable or failed to act with
reasonable promptness in appoint.ng a third arbitrator, he may appoint
the said third arbitrator, and such an appointment shall consitute a con-
clusive determination that the arbitrators originally appointed were so
unable or failed to act with reasonable promptness and, if the said judge
acted at the request of Party B, that Party A did not make such request
within a reasonable time.
If, for any reason, after the arbitrator or arbitrators have been duly
appointed as hereinabove provided, t)N,, said arbitrator or arbitrators shall
be unable or shall fail to act with nable promptness in reaching a
decision regarding the question subm d to arbitration, Party A (or,
if he does not do so within a reasonaoie time, Party B)may request a
G C - 13
judge of the United States District Court who regularly holds court in
the district in which the site of the work, or any part thereof is located,
to appoint three new arbitrators to act hereunder. If it appears to such
judge that the arbitrator or arbitrators originally appointed were unable
or failed to act with reasonable promptness in reachin? a decision regard-
ing the question submitted to arbitration, he may appoint three new arbi-
trators to act hereunder, and such an appointment shall constitute a con-
clusive determination that the arbitrator or arbitrators originally
appointed were so unable or failed to act with reasonable promptness, and,
if the said judge acted at the request of Party B, that Party A did not
make such request within a reas-treble time.
'f , for any reason, a third arbitrator, or three new arbitrators, shall
not be appointed by a judge of the United States District Court under the
circumstances hereinabove described; or, if three new arbitrators ae so
appointed and are unable or fail to act with reasonable promptness in
reaching a decision regarding the question submitted to arbitration, then
the arbitration procedure shall be deemed to have failed, and the parties
shall be free to assert their rights in the same manner as if they had not
agreed to submit the question to arbitration.
GC-31. PROVISION FOR EMERGENCIES: Whenever, in the opinion of the Engineer,
the Contractor has not taken sufficient pprecaution for the safety of the
public or the protection of the work to be constructed under this contract,
or of adjacent structure or property which may be injured by processes of
construction on account of such neglect, and whenever, in the opinion of
the Engineer, an emergency shall arise and immediate action shall be con-
sidered necessary in order to protect public or private persorn,el or property
interests, then the Engineer, with or without notice to the Cont:'actor,
may provide suitable protection to the said interests by causing ouch work
to be done and material to be furnished and placed as tha Engineer may
consider necessary and adequate. The cost and expense or such work and
material so furnished shall be borne by the Contractor, and, if the same
shall not be paid on presentation of the bills therefor, such costs shall
be deducted from any amounts due or to become due tho Contractor. The
performance of such emergency work under the direction of the Engineer
shall in no way relieve the contractor of res•,onsibility for damages which j
may occur during or after such precaution has been duly taken by the
Bigineer.
GC-32. ASSIGNMEW AND SUBLETTING OF CONrRACr: The Contractor shall not
assign or sublet the work, or any part t reof, without the previous writ-
ten consent of the Owner, nor shall he assign, by power of attorney or
otherwise, any of the money payable under this contract unless by and with
the lake consent of the Owner to be signified in like manner. No right
under this contract, nor to any money due or to become due hereunder shall
be asserted in any manner against said Owner, or persons acting for the
Owner, by reason of any so-called assignment of this contract or any part
thereof, unless such assignment shall have been authorized by the written
,zonsent of the Owner. In case the Contractor assigns all, or any part of,
any moneys due or to become due under this contract, the instrument of
Lssignment shall contain a clause substantially to the effect that it is
G C - 14
agreed that the right of the assignee in and to any moneys due or to
become due to the Contractor shall be subject to all prior liens of all
persons, firms, and corporations for services rendered or materials sup-
plied for the performance of the work called for in this contract.
Should any subcontractor fail to perform in a satisfactory manner the work
undertaken by him, his subcontract shall be immediately terminated by the
Contractor upon notice from the Owner. The Contractor shall be as fully
responsible to the Owner for the acts and omissions of this subcontractors,
and of persons either directly or indirectly employed by them, as he is
for the acts and omissions of persors directly employed by him. Nothing
contained in this contract shall create any contractual relation between
any subcontractor and the Owner.
GC-33. RIGEff OF OWNER TO TERMINATE CONTRACT: If the work to be done un-
der this contractshall be abandoned by the Contractor; or if this contract
shall be assigned by him otherwise than as herein provided; or if the
Contractor should be adjudged bankrupt, or if a general assignment of his
assets be made for the benefit of his creditors, or if a receiver should
be appointed for the Contractor or any of his property; or if at any time
the Engineer shall certify in writing to the Owner that the performance
of the work under this contract is being unnecessarily delayed, or that
the Contractor is violating any of the conditions or covenants of this
contract or the specifications therefor, or that he is executing the same
in bad faith or otherwise not in accordance with the tears of said contract;
or if the work be not substantially completed within the time named for its
completion or within the time to which such completion date may be extended;
then the Owner may serve written notice upon the Contractor and his surety
of said Owner's intention to terminate this contract and, unless within
five (S) days after the serving of such notice upon the Contractor, a
satisfactory arrangement to be made for the continuance therof, this con-
tract shall cease and terminate. In the event of such termination, the
Owner shall immediately serve notice thereof upon the surety and the Con-
tractor, and the surety shall have the right to take over and complete
the work; provided, however, that if the surety does not commence perfor-
mance thereof within thirty (30) days from the date of said notice of
termination, the Owner may take over the work and prosecute same to com-
pletion, by contract or otherwise, fo. the account and at the expense of
the Contractor, and the Contractor and his surety shall be liable to the
Owner for any and all excess cost sustained by the Owner by reason of
such prosecution and completion; and in such event the Owner may take
possession of, and utilize in completing the work, all such materials,
equipment, tools, and plant as may be on the site of the work and neces-
sary therefor.
GC-34. SUSPENSION OF WORK: The Contractor shall delay or suspend the
progress o the wor or any part thereof, for such period of time as re-
quired in each case, whenever he shall be so directed by written order of
the Owner or Engineer. Any such order of the Owner or Engineer shall not
invalidate or otherwise modify any provision of this contract. If the
progress of the work or any part therof is delayed as a result of such
GC - ls
01
suspension, the time for completion of the work so delayed shall be ex-
tended for a period equivalent to the duration of said delay.
If the work shall be stopped by order of the Owner or Engine;, any addi-
tional expense which, in the opinion and judgment of the Engineer, is
caused thereby shall be paid by the Owner to the Contractor.
GC-35. LOSSES FRJM NATURAL CAUSES: All loss or damage arising out of the
nature o the work to be one, or from the action of the elements, or
from floods or overflows, or from ground water, or from any unusual ob-
struction or difficulty, or any other natural or existing circumstance
either known or unforseen, which may be encountered in the prosecution or
the said work, shall be sustained and borne by the Contractor athis own
cost and expense.
GC-36. LAWS AND ORDINANCES: The Contractor shall at all times observe
and comp y wit a or finances, laws, and regulations, and shall protect
and indemnify the Owner and the Owner's officers and agents against any
claim or liability arising from or based on any violation of the same.
GC-37. SANITARY REGULATIONS: The operations of the Contractor shall be
in full conformity with a of the rules and regulations of boards and
bodies having jurisdiction with respect to sanitation. The Contractor
shall supply safe and sufficient drinking water to all of his employees,
shall obey and enforce all sanitary regulations and orders, and shall
take precautions against the spread of infectious diseases.
GC-38. CHARACTOR OF WORKMEN: The Contractor shall employ only workmen
who arecompetent to per orm the work assigned to them and, in the case
of skilled labor, who are adequately trained and experienced in their
respective trades and who do satisfactory work.
In all cases, local labor shall be given preference when available.
Whenever the Engineer shall notify the Contractor that any man on the
work is, in his opinion, incompetent, unfaithful, or disorderly, or who
uses threatening or abusive language to any person representing the Owner
when on the work, such man shall be 'mmediately discharged from the work
and shall not be re-employed theron except with the consent of the
Engineer.
GC-39. SUNDAY HOLIDAY AND NIGHT WORK: Except in connection with the
care, maintenance, or protection o equipment, or of work already done,
no work shall be done between the hours of b P.M. and 7A.M. or on Sundays-
or legal holidays, without the written consent of the Engineer.
Night work may be established by the Contractor, as a regular procedure,
with the written permission of the Engineer; such permission, however,
ray be revoked at any time by the Engineer if the Contractor fails to
maintain at night adequate equipment for the proper prosecution and con-
trol of the work and all operations performed thereunder.
G C - 16
GC-40. UNFAVORABLE CONSTRUCTION CONDITIONS: Daring unfavorable weather,
wet group , or of r unsu tta a construction conditions, the Contractor
shall confine his operations to work which will not be affected adversely
thereby. No portion of the work shall be constructed under conditions
which would affect adversely the quality or efficiency thereof, unless
special means or precautions are taken by the Contractor to perform the
work in a proper and satisfactory manner as approved by the Engineer.
GC-41. BEGINNING PROGRESS AND TIME OF OCMPLETION OF WORK: The Contractor
shall, 01-thin ten 1 days after being instruct to o so in a written
notice from the Owner, commence the work to be done under this contract;
and the rate of progress shall be such that the work shall have been com-
pleted in accordance with the terms of the contract on or before the
termination of the construction period named in the proposal, subject to
any extension or extensions of such time made as hereinafter provided.
The Contractor may be required to furnish the Engineer with a tentative
schedule setting forth in detail the procedure he proposes to follow,
and give the dates on which he expects to start and to complete separate
portions of the work. If, at any time, in 0,e opinion of the Engineer,
proper progress is not being maintained, sc~:h changes shall be made in
the Schedule of operations as the Engineer shall direct or approve.
GC-42. HINDRANCES AND DELAYS: In executing the Contract Agreement, the
Contractor expressly covenants and agrees that, in undertaking to complete
the work within the time therein fixed, he has taken into consideration
and made allowances for all hindrances and delays incident to such work,
whether growing out if delays in securing materials or workmen or other-
wise. No charge shall be made by the Contractor for hindrances or delays
from any cause during the progress of the work, or any portion thereof,
embraced in this contract, except as provided in the paragraph on "Sus-
pension of Work" of these General Conditions.
'GC-43. WENSIONS OF TIME: Should the Contractor be delayed inthe final
completion o the wor y any act or neglect of the Owner or Engineer, or
of any employee of either, or by any other contractor employed by the
Owner, or by strikes, fire, or other cause; or cusses outside of and be-
yond the control of the Contractor and which, in the opinion of the Engi-
neer, could have been neither anticipated nor avoided, then an extension
of time sufficient to compensate for the delay, as determined by the
Engineer, shall be granted by the Owner; provided, however, that the Con-
tractor shall give the Owner and the Engineer prompt notice in writing
of the cause of delay in each case.
Extensions of time will not be granted for delays caused by unfavorable
weather, unsuitable ground conditions, inadequate construction force, or
the failure of the Contractor to place orders for equipment of materials
a sufficient time in advance to insure delivery when needed.
GC-44. LIQUIDATED DAMAGES: It is mutually understood and agreed by and
between 6e parties to this contract, in signing the agreement thereof,
that time is if the essence of this contract, and that in the event that
the said Conti-actor shall fail in the performance of the work specified
G C - 17
and required to be performed within the period of time stipulated therefor
in the contract agreement binding said parties, after due allowance for
any extensior. or extensions of time which may be granted under the pro-
visions of the preceding paragraph, the said Contractor shall pay unto
the said Owner, as stipulated liquidated damages and not as a penalty,
the sum stipulated therefor in the Special Conditions, or other contract
document, for each and every day that the Contractor shall be in default.
In case of joint responsibility for any delay in the final completion of
the work covered by this contract, where two or more separate contracts
are in force at the same time and cover work on the same project and at
the same site, the total amount of liquidated damages assessed against
all contractors under such contracts, for any one day of delay in the
final completion of the work, will not be greater than the approximate
total of the damages sustained by the Owner by reason of such delay in
completion of the work, and the amount assessed against any one contractor
for such one day of delay will be based upon the individual responsibility
of such contractor for the aforesaid delay as determined by, and in the
judgement of, the Owner.
The Owner shall have the right to deduct said liquidated damages from
any moneys in its hands, otherwise due, or to become due, to said Con-
tractor, or to sue for and recover compensation for damages for non-
performance of this contract at the time stipulated herein and provided for.
GC-45. MATERIALS AND EWIPMENr: Unless specifically provided otherwise
in each case, a materials and furnished for permanent install-
ation in the work shall be new, unused, and undamaged when installed or
otherwise incorporated in the work. No such material or equipment shall
be used by the Contractor for any purpose other than that intended or
specified, unless such use is specifically authorized by the Engineer in
each case.
All required tests for or in connection with approval of source of mat- j
erials shall be made, at the Contractor's expense, by a properly equipped
laboratory of established reputation whose work and testing facilities
are acceptable to the Owner and approved by the Engineer. Any change in
origin or method of preparation or manufacture of a material being rou-
tinely tested will require new tests and approval thereof. Reports of
all tests shall be furnished to the Engineer or Owner in as many copies
as may be required.
GC-46. TESTING OF COMPLETED WORK: Before final acceptance, all parts of
the work shall tested anea part shall be in good condition and
working order, or shall be placed in such condition and order at the ex-
pense of the Contractor. All tests of completed work required under this
contract shall be made, under the direction of the Engineer, by and at
the expense of the Contractor who shall repair at his own expense all
damage resulting from such teats.
GC-47. REMOVAL OF CONDEMNED MATERIAIS AND STRUCrUMc: The Contractor
shall remove from the site o the work, without a ay, all rejected and
GC-18
condemned materials or structures of any kind brought to or incorporated
in the work, and upon his failure to do so, or to make satisfactory
progress in so doing, within forth-eig;it (48) hours after the service
of a written notice from the Engineer ordering such removal, the condemned
structures or material may be removed by the Owner and the cost of such
removal 5e taken out of the money that may be due or may become due the
Contractor on account of or by virtue of this contract. No such rejected
or condemned material shall again be offered for use by the Contractor
under this or any other contract under this project.
GC-38. PLACING WORK IN SERVICE: If desired by the Owner, portions of
the work may placed in service when completed and the Contractor shall
give proper access to the work for this purpose; but such use and opera-
tion shall not constitute an acceptance of the work, and the Contractor
shall be liable for defects due to faulty construction until the entire
work under this contract is finally accepted and for a year thereafter
as stipulated under "Defective Workmanship and Materials."
GC-49. DISPOSAL OF TRASH AND DEBRIS:The Contractor shall not allow the
site of a work to come itterewith trash and waste material, but
shall maintain the same in a neat and orderly condition throughout the
construction period. The Engineer shall have the right to determine
what is waste material or rubbish and the manner and place of disposal.
On or before the completion of the work, the Con-ractor shall, without
charge therefor, carefully clean out all pits, pipes, chambers, or conduits,
and shall tear down and remove all temporary structures built by him, and
shall remove all rubbish of every kind from the tracts or rounds which
he has occupied and shall leave them in first-class condition.
GC-50. DEFECTIVE WORKMANSHIP AND MATERIALS: During a period of one year
from and after the too the final acceptance by the Owner of the work
embraced by this contract, the Contractor shall make all needed repairs
arising out of defective workmanship or materials, or both, which, in
the judgment 'of the Owner, shall become: necessary during such period. If,
within ten days after the mailing of a notice in writing to the Contractor,
or his agent, the said Contractor shall neglect to make, or undertake
with due diligence to make, the aforesaid repairs, the Owner is hereby
authorized to make such repairs at the Contractor's expense; providing,
however, that in case of an emergency where, in the judgment of the Owner,
delay would cause serious loss or damage, repairs may be made without
notice being sent to the Contractor, and the Contractor shall pay the
cost thereof.
GC-51. EQUIPMENT GUARANTY: All mechanical and electrical equipment and
devices, an every part thereof, which are furnished by the Contractor
under the terms of this c,itract shall be guaranteed by the Contractor
and his surety against defective workmanship, faulty design, mechanical
or physical defects, leakage, breakage, and other damage or failure, un-
der normal operation of the aluipment and devices under specified condi-
tions, for a period of one year from and after the date of acceptance
G C - 19
I
thereof by the Owner; and each item of equipment or part thereof thus
proving to be defective within the specified period of the guaranty
shall be replaced, without cost to the Owner, by the manufacturer of
the defective item of equipment, by the Contractor, or by his surety
under the terms of the Performance Bond. This equipment guaranty shall
also apply to, and shall include, any and all replacements of defective
equipment or parts made thereunder. The period of the guaranty of each
such replacement shall be from and after the date of installation thereof.
GC-52. CLAIMS FOR LABOR AND MATERIALS: The Contractor shall indemnify
and save harmless the. Owner from a claims for labor and materials fur-
nished under this contract, or any alterations or modifications thereof.
When requestf-d by the Owner, the Contractor shall submit satisfactory
evidence that all persons, firms, or corporations, who have done work or
furnished materials under this contract, forwhich the Owner may become
liable under the laws of the State, have been fully paid or satisfactorily
secured. In case such evidence is not furnished or is not satisfactory,
an amount shall t retained from moneys due the Contractor which, in
addition to any c,-her sums that may be retained, will be sufficient, in
the opinion of the Owner, to meet all claims of the persons, firms and
corporations as aforesaid. Such sum or sums shall be retained until
the liabilities as aforesaid are fully discharged or satisfactorily
secured.
GC-S3. PERFORMANCE BOND: The performance bond executed by the Contractor
shall be a guarantee a_TTor the faithful performance and completion of
the work in strict accordance with the terms of the contract, and each
and every covenant, condition, and part thereof, according to the true
intent and meaning of the contract documents as herein defined, and
(b) for the repair, or replacement where required, or the cost thereof,
of all work performed under the terms of the contract, where such repair
or replacement is required because of defective workmanship or materials,
or both, and for the replacement of defective equipment or parts thereof,
within a period of one year after the date of acceptance by the Owner of
the work.
The Owner agrees to mail a notice to the Contractor, calling his attention
to any failure to comply with the requirements of the bond, not less thin
ten (10) days before notifying his surety of such failure.
GC-54. OONMCPOR'S BFEAKLM ESTIMATE: If the contract is base! or, a
lump sum i ,.or contains one er more ump sum items for which partial
payments are desired, the Contractor shall prepare and submit to the
Engineer for approval a breakdown estimate for and covering each such
lump sum bid or item. Each breakdown estimate, showing the value of
each kind of work, shall be submitted to and approved by the Engineer
before any partial payment estimate is prepared. Such item as bond
premium, temporary construction facilities, and plant may be listed
separately in the breakdown estimate, provided that their costs can be
substantiated.
I
GC-20
i
J
The sum of the items listed in any breakdown estimate shall equal the
contract lump sum price or prices. Overhead and profit shall not be
listed as separate items.
i
An unbalanced breakdown estimate, providing for overpayment of the Con-
tractor on items of work which would be performed first under the lump
sum item or contract, will not be accepted and shall be revised and re-
submitted until acceptable to the Engineer.
GC-55. NONT[LY ESTIMATES AND PAYMENTS: On or about the first day of each
month, the Engineer will e an approximate estimate of the value of
work done in conformity with the plans and specifications during the
previous calendar month and of unused materials delivered for, and stored
on the site of the work. The Contractor shall furnish to the Engineer
such detailed information as he may request to aid him as a guide in
the preparation of monthly estimates. After each such estimate shall
have been approved by the Owner, the Owner shall pay to the Contractor
ninety (90) per cent of the amount of such estimated sum on or before
the twenty-fifth day of said month
It shall be understood that payments made by the Owner for materials
stored on the site shall be based only upon the actual cost of such
materials to the Contractor, and shall not include any overhead or pro-
fit to the Contractor.
GC-56. COMPLETION AND ACCEPTANCE OF WORK: On completion of the work,
the Engineer shall a satis himself, by examination and test, that
the work has been finally and fully completed in accordance with the
plans, specifications, and contract, and (b) report such completion to
the owner.
Before final acceptance by the Owner of the work, the Contractor stall
submit to the Engineer a notarized affidavit, in duplicate, stating under
oath that all subcontractors, vendors, and other persons or firms who
have furnished or performed labor or furnished materials for the work
have been fully paid or satisfactorily secured. Such affidavit shall
bear or be accompanied by a statement, sighed by the Surety Company who
provided the performance bond for the work, to the effect that said
Surety Company consents to final payment to the Contractor being made
by the Owner.
GC-57. FINAL ESTIMATE AND PAYMENT: After official approval and accep-
tance o the wor by the er, t o Engineer shall be authozized to
prepare a final estimate of the work done under this contract and value
thereof. Such final estimate shall be submittea to the Owner within ten
(10) days after its preparation has been auth„rized as aforesaid; and
the Owner shall, within thirty (30) days after said final estimate is
made and certified, pay the entire sum so found to be due hereunder,
after deducting all amounts to be kept and retained under any provision
of this contract. All prior estimates and payments shall be subject to
correction in the final estimate and payment; but in the absence of
error or manifest mistake, it is agreed that all estimates, when approved
by the Owner, shall be conclusive evidence of the work done and materials
furnished.
i
GC 21
GC-58. RELEASE OF LIABILITY: The acceptance by the Contractor of the
last payment shall operate as, and shall be, a release to the Owner and
every officer and agent thereof, from all claims and liability hereunder
for anything done or furnished for, or relating to the work, or for any
act or neglect of the Owner or of any person relating to or affecting
the work.
GC-59. GENERAL REQUIREMENTS: Equipment and materials furnished by the
Owner for- installation hereunder shall be installed complete and ready
for operation in accordance with the plans, the manufacturer's certified
drawings, other supplementary drawings, the requirements as specified
herein, and in accordance with all applicable requirements of other
specifications of these contract documents. The installation of elec-
trical equipment, whether furnished by the Owner or not, and all electric
wiring required in connection with the work to be done hereunder shall
be done by the Contractor in conformance with the provisions of the
electrical work specifications.
All equipment shall be installed in strict conformance with the recom-
mendations and written or printed instructions of the manufacturer.
Approved shop drawings, certified dimension drawings, and other descrip-
tive matter relating to the various items of pumping equipment will be
made available to the Contractor upon receipt of approved copies by the
Owner.
The Contractor's attention is directed to the fact that he will have to
accept the risk of any delays occasioned by the delays in delivery of
material and equipment to be furnished by the Owner and that in the
event he is delayed in the prosecution and completion of the work be-
cause of this condition or delay, he shall have no claim for damages
or contract adjustwent, other than an extension of time and the waiving
of any liquidated damages occasioned by the delay.
All equipment shall be arranged and installed as indicated by the plans,
and in conformity with approved installation drawings and instructions
furnished to the Owner by the manufacturer of the equipment purchased.
The Contractor shall protect all such equipment from exposure and damage
from rain, snow, condensation, contact with water, mud, earth, dust and
other contaminating substances during unloading, loading, handling,
hauling, storage, and erection, and shall further provide adequate
weatherproof storage facilities therefor during and for such periods
of time which may elapse prior to its installation by him, all at his
own cost and expense.
GC-22
SPECIAL CONDITIONS
SC-1. GENERAL DESCRIPTION OF WORK. The work to be performed under the
provision of these contract documents, including the specifications and
plans designed in Paragraphs SC-2 and SC-3 hereof, consists of the fur-
nishing of all construction equipment, tools and plant, the performance
of all necessary labor; and the construction complete, Including all
work appurtenant thereto, as Indicated; and interconnections of all
portions of work and allied components to constitute a complete turn-
key job.
SC-2. CONTRACT SPECIFICATIONS. The contract specifi.,ctlons which are
bound herewith ar;d which shall govern the materials furnished and the
work to be performed in the construction of the work under the contract
based thereon, aro Identified and indexed In the Table of Contents at
the beginning of this volume of contracr documents.
No attempt has been made in the designated specifications to segregate
work to be performed by any trade or subcontract under any one spsclfl-
cation or part thereof. Any segregation between the trade or craft
jurisdictional limits will be solely a matter of agreement between
the Contractor and his employees and his subcontractors.
SC-3. CONTRACT DRAWINGS. The contract drawings, or plans, on which the
contract is to be based, exclusive of additional drawings required to
be furnished by the Contractor, manufacturer, or supplier, are as per
original construction drawings opf the cooling tower structures.
SC-4. COPIES OF PLANS AND SPECIFICATIONS. The contractor will be
furnished without costs to him, 4 copies of all specifications and
drawings enumerated In the foregoing Paragraphs SC-2 and SC-3, together
with any and all addenda thereto. The Contractor shall keep one copy
of all such specifications and drawings constantly accessible on the
work.
Additional copies of such specifications and drawings, In excess of the
number furnished without charge to the Contractor, may be obtained by
him from the Chief Engineer for the cost of printing and delivery of
the additional copies so obtained.
SC-5. PATENTS AND PATENT ROYALTIES. All royalties and fees for and
In connection with patented articles, devices, apparatus, machines, and
other equipment (but not including royalties, fees, or other costs in
connection with any patented process required by the Owner In the design
of the work or operation thereof) shall be Included In the pried or
prices quoted by the equipment supplier to, and paid by, the Contractor.
SC-6. EQUIPMENT GUARANTEE. Each item of mechanical and electrical equip-
ment, Instrument, and device, furi-rished for and In connection with the
contract, shall be guaranteed against (a) faulty or inadequate design on the
part of the manufacturer or supplier of such Items, (b) Improper assembly, (c)
defective materials or workmanship, or both, and (d) leakage, breakage,
or other failure which might occur, under normal and proper operation of the
equipment under specified conditions, for a period of one year from and
SC-1
after the date of acceptance of the work by the Owner, and each Item
of equipment or part thereof thus proving defective within the one year
guaranty period shall be replaced, without cost to the Owner, as provided
in the General Conditions.
SC-7. MATERIALS ARiD WORI< ANSHIP. All materials and equipment furnished
under this contract shall be first class in every respect and shall be
constructed and finished in a workmanlike manner. Materials shall be
suitable for the service intended and selected and fabricated in accordance
with the best engineering practice. Equipment shall be modern In design
and shall not have been in service at any time previous to delivery except
as required by tests.
All welds which are exposed in finished work shall be continuous and ground
smooth. All exposed surfaces of equipment shall be finished smooth and given
as many filler coats as may be necessary to provide a smooth and uniform
base for painting.
All equipment shall be carefully and adequately boxed, crated, or otherwise
completely enclosed and protected in a manner which will prevent (a) damage
of any kind to painted surfaces from abrasion, impact, discoloration, or
otherwise, (b) moisture or water damage to electrical equipment or Insulation
forming a part thereof, or (c) corrosion of polished or machined metal surfaces.
Electrical equipment shall be sealed in polyethylene.
SC-B. LICENSES, PERMITS AND CERTIFICATES. All licenses, permits, certificates,
etc., required for and in connection with the work to be performed under the
provisions of these contract documents shall be secured by the Contractor
entirely at his own expense.
SC-9. EQUIPMENT STORAGE. All equipment shall be arranged and installed as
indicated by the plans and in conformity with approved installation drawings
and instructions furnished to the Owner by the manufacturer of the equip-
ment purchased.
The Contractor shall protect all such equipment from exposure and damage from
rain, snow, condensation, contact with water, mud, earth, dust and other con-
taminating substances during unloading, loading, handling, hauling, storage,
and erection, and shall further provide adequate weatherproof storage facilities
therefor during and for such periods of time which may elapse prior to its
installation by him, all at his own cost and expense.
SC-10. SPECIAL TOOLS AND ACCESSORIES. With each piece of equipment or machine
having wearing parts and requiring periodic repairs and adjustment, there shall
be furnished all special tools, wrenches and accessories required for removing
worn parts and for making such adjustments. There shall also be furnished
all gauges, indicators, lubricating devices, or other accessories necessary for
proper operation of machines whether or not such accessories are specified.
SC-II. INSTRUCTIONS AND PARTS LISTS. The Contractor shall obtain from the
equipment manufacturer or supplier, and deliver to the Engineer, nol less than
6 copies of all necessary instructions, parts lists, specifications, and other
requirements and recommendatlcns relative to the handling, assembly, Installa-
tion, alignment, checking, and placing In operation, of the equipment furnished.
SC-2
1SC-12. DATA TO BE SUBMITTED WITH BID. Each bidder shall submit in duplicate,
with his bid, complete descriptive and engineering data covering each item of
equipment offered, in order that equipment conforming to specified requirements
can be selected and proper evaluation of the bids received be made. These data
shall include drawings and photographs in sufficient detail that the construction
and operation of the equipment Is shown, together with detailed specifications and
performance characteristics of each unit of equipment covered by the proposal
as submitted is each case, and the data to be furnished with the Questionnaire.
Details of design, mechanical construction, workmanship, finish, and special
features of any, as described or otherwise indicated in the descriptive and
engineering data submitted for the equipment purchased in each case, shall
become a part of the contract documents when and as approved by the Engineer,
and shall be as binding on the Contractor as though Incorporated herein.
SC-13. EQUIPMENT TO OPERATE IN STRUCTURES AS DESIGNED. Equipment shall be
furnished which cai, In each case, be installed and operate properly in -.-he
structures as designed and shown on the enclos4d drawings or as outlines in
the specifications.
SC-14-QUESTIONNAIRES. Each bidder shall furnish all date required by the
questionnaire attached to the various sections of these specifications for
all items for which bids are submitted. Failure to furnish the information
requested In the questionnaires will be cause for rejection of the bid.
SC-15. COST BREAKDOWN ESTIMATE. Supplementing the requirements of Paragraph
GC-54 of the General Conditions pertaining to a cost breakdown estimate of
lump sum items which is to be submitted by the Contractor, such cost break-
down estimate shall be submitted to the Engineer within 30 days after the award
of the contract. In addition, the total amount shown for each Item appearing
on each cost breakdown estimate shall be broken down insofar as materials and
labor costs are concerned. Each detailed cost breakdown estimate, after approval
by the Engineer, will be used as a basis for making partial payments.
SC- 16 FIELD CHECK OF EXISTING CONSTRUCTION. Before starting construction or
fabrication of any materials, the Contractor shall check condition and location
of all existing foundations, pipe lines, walls, and other construction which
may affect or be affected by the work under this contract. The dimensions
shown on the plans are approximate and shall be adjusted, subject to the
approval of the Engineer, to fit actual field conditions.
SC-17. PROTECTION OF EXISTING WORK, MATERIALS, OR EQUIPMENT. The Contractor
shall be responsible for any damage to existing work, materials, or equipment
because of his operations and shall repair or replace at his own expense any
such damaged work, materials, or equipment to the satisfaction of the Owner.
SC-3
SC-18. SCHEDULE OF OPERATIONS. The Contractor shall submit to the Engineer,
for approval, before starting work, a schedule of his proposed construction
operations. He will ba required to consult with'the Engineer, and a schedule
will be established, whereby the proposed construction operations may be
completed with a minimum of Interruption to the normal operation of the
existing facilities. The Owner will cooperate fully with the Contractor
in arrangements for continuity of service. The schedule of operations
to be submitted shall Indicate the sequence of the work, the time of starting
and completion of each part, and the proposed time or times dur;ng which
connections to existing structures or facilities are to be made.
SC-19. PREVAILING HOURLY WAGE RATES. This contract shall be based
upon payment by the Contractor and his subcontractors of wage rates not less
than the prevailing hourly wage rate for each craft or type of workman engaged
on the work as established by the Owner and as required by Texas State Law
concerning minimum wages (Chapter 45, Article No. 5159A, Civil Statutes 1925).
The Contractor and each subcontractor shall keep an accurate record showing
the names and occupations of all workman employed by him, together with
the actual wages paid to each workman, which shall be open to inspection
at all reasonable hours by the Owner.
SC-4
GENERAL SPECIFICATIONS
Repairs and Revisions to Units II and #2 Cooling Towers
Steam Electric Generating Station
City of Denton, Texas
GS-I. Scope: The work covered by this specification shall emcampass
the complete Repair and Revisions to Units /1 and N2 Cooling Towers as
specified in the following listed Items. Only Contractors who have had
experience in building and repairing large cooling towers are invited
to bid to the following specifications to a Marley 14-32A5 Cooling Tower
designated as Units 01 and 02 as the Steam Electric Generating Station
at the City of Denton, Texas.
GS-2. General: The cooling tower Is a four cell tower and the work is
to be executed two cells at a time with the water and power off In the
two cells concerned. The Cont;-actor Is to furnish all tools, materials, and
equipment necessary for a complete turnkey job.
GS-3. Special Notice: The City of Denton agrees to furnish or accomplish
the following Items:
A. Receive and unload all new materials and place these
materials near the base of the tower.
8. Furnish a 125 volt power source at the tower site and allow
use of electrical tools In and round the tower.
C. Furnish at least two fan cells at a time for repairs with
power and circulating water tuned off on cells being repaired.
D. Furnish an electrlcan to disconnect and reconnect electrical
wiring and conduit if required to accomplish repair work..
E. Furnish drinking water source and Collet facilities for
the Contractor's workmen.
F. Clean up, haul, and dispose of all trash and debris plied
neatly beside the tower by the Contractor.
G. Lower rater level in concrete cold water basin If required
to accomplish structural replacements.
GS-4. MunIcl pa l Su ervIsIon: The work to be executed under these spec lfl-
cations s a e one in accordance with the directions and instructions
of the City of Denton's Chief Engineer, Mr. Walker Hale.
GS - I
GS-5. Starting and Completion Date: Work is to be started by May 1, 1967
and Is to be completed by June 30, 1967.
GS-6. Work Item I: Replace in all four cells 100% of the plenum chamber
area structural members consisting of girts, columns, diagonals, beams,
and partitions. The area of replacements is from face of filling and
from base of coiumns up to the underside of fan deck flooring. Endwall
structural members are included.
A. Duplicate original structure and desi,ned to withstand 30#
per square foot wind [jading.
B. Prefabricate al' lumber to eliminate field fabrication, and
to reduce the number of labor man hours and to reduce the
number of days required fcr repairs.
C. Pressure treatment of all lumber arter fabrication.
GS-7. Work !tam 2: Replace In all four cells 100% of the drift
eliminators and supports.
A. Herringbone design and IImit drift to a miximum of 0.2 of 1%.
B. Prefabricate ail lumber to reduce field labor and repair time.
C. Pressure treatment of all lumber aftek• fabrication.
D. Eliminator slats suppcrted on 16" vertical centers with
horizontal supports or. 31-0" centers.
GS-8. Work Item 3: Mechan.ca! Equlpment
A. -Replace 100% of tre Geareducer anchor bolting in all four
cells osing Series 300 stainless steel bolting.
0. Replace 100% of the drive shaft guard bo!ting on all four
cells using Series 300 stainless steel bolting.
C. Replace 100% of the fan blade "U" bolts on all four fans
using Series, 300 stainless steel bo!ting.
0. Replace, all four drive shaft tube and flange assemblies
using Series 300 stainless steel assemblies - - existing
motor and Geareducer yokes and their bundles are to be reused.
E. Replace rusted fan hub covers with GRP covers and stainless
steel bolts.
GS-2
Y ►
I
GS-9. Work Item 4: Replace on all four cells 100% of the fan deck
flooring and nallers.
A. I} x 6 T. b G. flooring.
B. Nallers on 21-0" maximum centers.
C. Pressure treatment of all lumber with field touch up of all
cut edges using treating solution.
GS-10. Material Requirements: Lumber grades will be select heart or
better redwood for structural members and clear heart redwood for
eliminator slats and fan deck flooring. Eliminator frames shall be
exterior grade fir plywood treated after fabrication.
Hardware to consist of naval bronze bolting and teco rings and nails
of commercial bronze screwshank.
Lumber treatment to be chromated copper arsenate (trade name Erdalith)
In accordance with AWPA Standard P5-55 - - treated wood shall have a
minimum average retention of 0.75 pounds of dry salt per cubic foot
of wood.
Martreat
Furnish labor and material to perform a wood preservative treatment
to tower. Basic chemical treatment to tower to be "Martreat" or an
evaluated equal. This consists of scientific application of selected
chemical compounds by the diffusion process. By this process, a
strong solution of toxic fungi-killing chemicals Is placed in contact
with the wetted lumber which penetrates lumber In attempting to seek
a stage of equilibrium between strong and weak solutions. Selected
chemicals are applied to form Insoluble precepitates with wood sugars
to provide lung lasting protection against fugal attack. Contractor
shall be responsible for ail delivery, and disposal of all materials
before, during and after work Is completed. Any residual material
which could be considered toxic to plant or animal life or equipment
shall be neutralized as to render completely harmless. Application
and disposal of said chemicals shall be carried out In such a manner
as to render City of Denton wholly harmless from damages direct or
implied.
Contractor shall submit a list of name and quantity of principal
chemicals to be used.
Contractor shall furnish sufficient chemicals to provide an average
retention of three-quarter pound, (3/4 lb.), per cubic foot of lumber
in tower.
G S - 3
GS-II. Work Item 5: Martreat work to be done during repair period.
No chemical treatment to be used on fan deck nor cylinders.
GS-12. Work Item 6: Martreat work to be done other than repair
period. No chemicals to be used on fan deck nor cylinders.
GS-13. Work_ Item 7. Martreat work to be done during repair period
with chemical treatment to be applied to fan deck and cylinders.
GS-14. Work Item 8: Martreat work to be done other than repair
period with chemical treatment applied to fan deck and cylinders.
GS-4
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