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Delete Item No, 19 in the Proposal„ Crossing M,K,T, Railroad with 42" Galy, C.M.P, Casing 1 Ea, L.S. $..31550,00 B, Add Item No. 19a to the Proposal- Crossing M,K,T, Railroad with 381' 081v, C.M,P, Casing-same oonstrua. tion as epsoified in Contract Plaits, oxeept for oasing size (see attached drawing) 1 Ea, L,S, +3,125,00 C. Delete Item No, 20 in the Proposal- Crossing Interstate Highway 35 F with 48" Oalv, Liner Plate Casing 1 La, L,S, -13,500,00 D, Add Item No, 20A to the Proposal,. Crossing Interstate Highway 35 E with 38" Oaly, CAP, in a bored bolo, all as shown on the attached drawings and in accordance with the requirements of the Texas State Highway Department 1 Ea, L,S, +90800600 S. Delete Item No, 21 in the Proposal- Installing 24" C,I, Pipe in Railroad And Highway Crossings 390 L.F. $15,00 .50850,00 F, Add Item No, 21a to the Proposal. Installing 24" C,I, Pipe in Railroad and Highway Crossings. Construction to be the same as speoiried in original Contract Plans except using 24" cast iron pipe with "Fasttite" joint in lieu of mechanical point 390 L,F. $14,50 +51655,00 TOTAL AMOUNT OF THIS CHANGE ORDER (Deduction) $ .4932040 NOTES Work Covers ( ) ADDITION to Contract Price (x) reDUCTION Acceptance is recommended by EngineertSO FRELSCi NICH049'ANDENDRESS Approval Reoormn ded By, L 6b Frank Drummond, Director of Utilities ACCEPTED FOR ACOR T, D FORS R C, BBUI FORK ; c C Cc UCTYOe" 0,$ INC A TIE CITY Or, LE; NTON, TEXAS By_- - - Date~~ s, I`j~ Date r4./l Cam-- .~......,r,, . CITY OF MNTON, TEXAS SEWERAGE SY87EM IMPROVEMENTS CONTRACT NO, 60.2 STATE SCHOOL OUTFALL LINE Niue P.eceived Until: 1Os00 A,M„ August 10, 1951 3. a e i~,1Q, z tats ~.r h ~ci bY„C~~nert Reference is matte to the statements in the Contract ~7ua>>n,ei;cs under tiffs Item ao well as under Item 104, Sewer Pipe, and the Apponaix, The delivery eohodule as shown in the Appendix has been revised in ardor to meet anticipated construction Schedules, The revised delivery schodule is ns tollowsa 3500 L.F. of V01 extra Strength V,C, Pipe . Available August 1, 1961 All of 21" V,C, Pipe required available by August 12, 19051 Balance of material required for shipment oan commence on August 21, 1961, and be completed at the rate of 1000 L,F, per week, The Bidder shall take this information into consideration in preparing his proposal for Contract No, 60.2, Notei Contractor Sal ao now odge receipt of a Addendum n the epacc+ provided in the Proposal. VREESC, NICHOLS AND ENDhCSS Consulting Engineers 407 Danciger Building Fort Worth 2, Texas duly 25, 1961, CITY OF DMITON9 TEXAS `,pr+xge System TmproIe Contract No. 60-2 STATE SCHOOL OU'TFALL LINE Hide Received %tils 10100 A.M. j August 10, 1961 UM124 NO 2 ,j~FO_ AMdTI~ON A~Hn,~~ r.TeY. nj ~'RITCmrbNs ma nm Page as The following paragraph shall be added to and made a part of "Information and Specie.l 'Instructions to Bidders"t 19. County Ro&A_Cz=jjy j The Owner desires to have the two County rad r ftseings installed lAmediately upon the award of this Contract. Those two crossings are located at approximately btation 34 + 24 and gtA. tion 64 + 00. The (rmsr has been advised by the p~.po manufacturer that pipe is no4r available for these crossings. The successful bidder will he e).l acted to move onto the pro,ieot site at these two locations within approximately one week after the formal ey..eoution of the Contract. The Contractor will be permitted a reamonable delay after the oompl*tion of these two crossings rantil the time he commencos work on the reminder of the Icro jeot. No s).tra compensation will be made for the construction of these two crossings on this sichedule# Any additional cost inourred by the Contractor shall be included in the other unit prides bid. WN, s The bidder shall so3ctiowls dge receipt of this Addondusq in the sp#m .provided in the Proposal, F R!! q1 It II MWLS AND IMMM Consulting ftineerb Aqv" 4' 1961 JPaK *"A 29 Tow j Jr~ it/r'.,~'.~,kj1'f'yk r~~( 1,31~r vi .W. r~q rL~'?. CITY OF WNTON, TEXAS SVERACI SYSV24 IMPROVEMENTS CONTRACT N0, 6o..2 STATE SCHOOL OUTFALL LINE A1>Ot1ST 1961 MEESEi NICHOW AND ENDRESS CONSULTING ENOINEERS FORT 4JORTHi TEXAS CO.1TRAC;T rmcrrrrrrf FOR ~I'n'Pl ,,(I10M, OI1TYALL LTNL fba INVITATION ]Volt 13IDS a INFORMATTON AND SPECIAL INSTRUCTION '110 13IDDISRi b SPECIAL PROVISION S f LABOR CLASSIFICATION AND MINIM11M YIAOr SCALE h PROPOSAL i CONTRACT A014M M l P1;MI'ORMANCE F30N1) 3 PAYMENT BOND 5 h1SNL;RAI, CONDMONS OF' THE AGRFCMENT DETAIL SP}!CIFICATTONS; Item No, 101-Genoral Rrquirementfl Item No. I.02-Excavation and Daokfill, Item No, 103-Conurete-Lstruotural, Cradle, ote, Item No. 104--,~;ownr r'9.po Item No. 705-Cash, Iron Pike and F'ittingm Itom No, 106- Mgt4dmont for Pipe Tt©m No, 107-Installing Clay owor Pipo Item No, 1013»Ins'.,nllin1; Cast Iron Pipe Ttem No. 7409-Highway Cronsinl; and. Railroad Crosaing Ttem No, 110-h1anholoa Item No. 111-Proioot M intenanco, Cleanup and Guarantee Item No. 112-Danis of 1'aymnnt INVITATION FOR BIAS Sealed proposals addressed to Homer B, Bly, City Manager of Denton, Texas, will be received at the office of the City Manager ih the Municipal Building until 10000 A.M,, tuguet 10, 1961 for the construction and com. plotion of the following item, CONTRACT NO. 60.2 STATE SCHOOL OUTIOALL LTC, At this time and place the proposals will be publicly opened and read aloud, Any bid received after closing time wjA1 be returned unopenod. Copies of Plans, Specifications, and Contract Documents are on file and mny be examined without charge in the office of the City Manager. Documents may be procured from Freese, Nichols and Endress, Consulting Engineers, 407 Donoiger Building, Fort Worth, Texas upon a deposit of $75.009 which deposit will be refunded in whole or in part as provided in the Contract Documents, A oaohier's check, certified check or acceptable Bidder's bond pay- able to the City of Denton, Toxao, in an amount not less than five (50 per cent of the bid oubmitted must accompany each bid as a guarantee that, if awarded the contract, tho Bidder will, within ten (10) days of award of contract, enter into a contract and execute bonds on the forms provided in the Contract Documents. Attention is called to the fact that not less than the prevailing wage rates as established by the City of Denton, Texas, and as heroin. after set forth in the Contract Documents hereinbefore described and which are made a part heroof, must be paid on this project, A performance bond and a payment bond, each in amount of not less than one hundred (100%) per cent of the contract price, conditioned upon the faithful performance of the contract and upon payment of all persons supplying labor or furnishing materials, will be required. In case of ambiguity or lack of clearness in stating proposal prices, the City of Denton, Texas, reserves the right to adopt the most advan- tageous construction thereof, or to reject any or all bids, and waive formalities. No bid may be withdrawn within thirty ()0 days after date on which bids are opened, CITY OF DENTON, TEXAS Homer B. Bly City Manager a 1, 'k to be Done! The work to be done oomprises the furnishing of all materials, labor, tools, equipment and appliances necessary for the con. struction dnd completion of the State Sohaa), Outfall Sewer Line for the City of Denton, Texas. The work shall consist of the furnishing and in- stalling pipet manholes and appurtenances, all as shown on the plans and as provided by these Specifications, The project site is in the south- eastern part of the City as shown on the vioinity drawing, 2. Attard of Cont t The Owner is receiving proposals for two projects on the same date Contract No, 60-2 and Contraot No, 60-3). Provisions have been made in the proposal for Contract No* 60-3 to permit the Bidder to "tie together" the two projects and allow a lump sum deduction if both contracts are awarded together. The Owner reserves the right to make tha award separately or together, based on their decision as to the most advantageous to the City. 34 ~#+a>1 l~hAda Dy Ownert The Owner will furnish The Cont,raotor s all .furnish all materials, equipment, eta, materials called to the fact that the Owner has issued a "Purchase Order" for certain sewer pipe, This order will be transferred to the suooessful bidder. Bidder shall use the unit prices in the "Purchase Order" in the proposals for Contract No, 60••2, The terms of this "Purchase Order" are set forth in Contract No. 60-1, "$)rrniehing Vitrified Clay Pipe for State School Outfall% A copy of Contract No, 60-1 is attached to these Specifications as an Appendix and is made a part of these Contract Dooumant,s for Contract No. 6o-2. 4'' e_of C0Ims The Owner desires the work to be completed at the earliest possible date. The project should be completed within 270 calendar days 0 In the event the Contractor failo to complete the project within the time set forth in the Proposal, the Owner may withhold permanently from the payments to the Contractor the sum of Fifty 050,00) Dollars per day as liquidated damages, as set forth in Section IPA# page 17 of the General Conditions of the Agreement, 5. Did+ Bids shall be made on the blank form attached and the corn- plete documents and plans returned with the bid, Bids not so made will be considered out of form. i 6, H1 s Each proposal must be aooo ani.ed b or acceptable bid bond in an amount equal to a least liveo(5%)f per centk of the amount bid as a guarantee that, if awarded a contraot, the bidder will execute such contract within ten (10) days in the form hereto attached and make bonds of one hundred (1000 per cent of the contract price. b 7, PStXZDAU MbVJ1 With the execution and delivery of the contract, the Contractor shall furnish performance bond for the full amount of the con- traot. Bond shall be executed by an approved surety company authorized to do business in the State of Toxas, and aoceptable according to the latest list of companies holding Certificates of Authority from the Secretary of the Treasury of the United States of America. Performoe Bond shall be arranged to extend for a period of one (1) year beyond the date of written soceptanoo of the work by the er, to guarantee the repair and/or replaoc~ ment of defective materials and/or workmanship which may develop during this period, 8, 9I1fc..pDAj In addition to the performance bond, the Contractor shall furnish a payment bond for the full amount of the Contract. Payment bond shall be executed by an approved surety oompany authorised to do business in the State of Texas, and aoceptable according to the latest list of com- panies holding Certificates of Authority from the Secretary of the Treasury of the United States of America. Any question as to the meaning of any specifications wi;.1 be answered by Addendum which will be sent to all who have been furnished with the plans and specifications. 10, ~c ~e Knowles ,tc Cand tignn= Prior to the submission of a Pro- posal the Bidder shall have made a thorough examination of the si+,4 of the work and of the plans and specifications, and shall become informed an to the nature of the proposed construction, the kind of facilities required to carry out the construction, labor conditions, and all other matters that may affect the cost Agee time of completion of the work upon which he bide. The Owner has hed several test holes drilled along the route of the project. The logs as determined by the testing are shown on the Plane. This test hole data is furnished for information only and the Owner does not guarantee its acouraoyo ll.. _hL-SSTLaZt 11ithout cost to the Contractor, the Owner shall provide all necessary right-of-way or easements required for the project, The boundaries for these easements will be thirty (301) rent on each side of the cantor line of the sewer main, unless othsrwitin indicated on the plans. 71io Contractor will be expected and required to keep all of his activities within the boundaries of this sixty (609 foot easement. Unless specifically provided otherwise, the Contractor, as a part of tho project construction operations, shall clear all rights-of-way of obstruction which must be removed to make possible proper prosecution of the work, The Contractor shall replace, repair and restore any improve- ments on or along the right-ot-way or easements which may have been removed or damaged in or due to his operation whon ordered to do as by the Engineer. All property along and adjacent to the Contractor's field of operation, especially but not limiter to sod on highway right-of-way, law;•g, yards, 0 shrubs, trees and fences shall be adequately protected and when damaged or removed shall be repaired, replaced, renewed or otherwise put in a condi- tion equal to or better than existed before the Contraotor caused such damages or removal. The Contractor shall not out any fences until gates are constructed as shown on the Plans, The Contraotor shall burn all brush, trash, etu, and remove all rock larger than six (61) inches from the project site, The Contractor shall observe all regulations of the Highway Depart- ment and Railroad Company, 12. ~lA ~1:~Qgiiio~t No change in the alignment is oontemplatedi how- ever, should a ohange be necessary, the Owner reserven the right to make such changes; unloss it can be clearly shown that such change works an undue hardship on the Contraotor, no extra compensation will be allowed the Cont.-actor. li. &QPDXtj PrQtoot!M! The Contractor will be expected and required to protect all property, fences, livestock, etc, All gates shall, be left in the condition they are found, i,e., looked gates shall be kept looked at all times except when in actual use, closed gates shall be kept closed, etc* 14, kLW,. tear The Labor Classifications and Minimum Wage Rates set forth below have been prodetermined by the City of Dontori, Texas, in accordance with statutory requirements, as being the prevailing classi- fioations and rotes, and shall govern on all work performed by the Con- tractor or any sub-contractor, 15 &tu ~-Do i The Owner will. furnish all water required during oonatruotion; however, attention is called to the fact that not all the project is served with a water line, Water will be available at points on the distribution system, The Contractor shall, at his expense, lay such lines and make such connections as he may nood, subject to the approval of the Water Department. 16' LAjw&pdVx~v; Mater._ ia~n?~eeesoe r If the Contraotor is re- quired or desires to use any design, device, material or process covered by letter patent, or oopyright, he shall prov~de for such use by suitable legal agreement with the patentee or owner of such patent, letter of copy- righted design. It is mutually agreed and understood that without except- ion the contract prices shall ir,olude all royalties or cost arising from patents, trademarks and oopyr4 is in any wny ir,volved in the work. 'tlio Contractor and his suret es shall indemnify and save harmlese the Owner from any and all claims for infringement by reason of the use of any such patented design, device, material or process or any trademark or copyright in connection with the work agrbad to be performed under these Contract Doouments, and shall, indemnify the Owner for any oost, expense or damage which it may he obliged to pay by reason of ruoh infringement at any time during the prosecution of the work or after completion of the work; provided d however, that the Owner will assume the responsibility to defend any and all all suits brought for the infringement of any patent claimed to be in- upon by the design, type of construction, or material or equipment specified in the Contract Documents furnished the Contractor by the Owner, and to hold the Contractor harmless on account of such suits. lq, ravine".t Payment will be made in accordance with the provisions of the Detail Specifications. Partial payments will be made in accordance with the General Conditions of the Agreement, lof Denogits It is intended that all parties with an interest in the type of work included in the project as covered by these documents, be given a reasonable opportunity to examine the documents and prepare a bid or sub-bid without forfeiture of deposit. Dooumente may be examined without charge as noted in the Notice to Bidders, Where doouments are obtained from the Engineer upon a deposit as required in the Notiot+ to Bidders, a refund of deposit will be made on the following basis! (a) For bidders who submit a bona tide bid to the Owner, a full refund of deposit will be made on one set of documents procured by such bidder. (b) For other persons, i,o., sub-oontractora, matorial suppliers, equipm,3nt suppliers, etc„ a full refund of deposit will be made on one sot of documents procured by such persons, provided the documents are retained in the possession of such persona not longer than seven (7) days (exclusive of time allowed for mailing), (c) For extra sets of documents (more than one tint) obtained by bona fide bidders, or other persons, or for sets of documents obtained by persons other than bona fide bidders that are held by such persons longer than the stipulated time of seven (r days, there will be made a rerand of the deposit less the sum of $10400 estimated to be the cost of repro- duction of said documents. (d) No refund of deposit will be made on documents which are not returned to the Engineer on or before the loth day after the date of receiving bids. END O TUPORMATION AND SPECIAL INSTRUCTIONS TO BI1MRS e r SPECIAL PROVISIONS Q201311: This project will be financed in part by a Federal Grant for Sewage Treatment Works, Public Law 660. 2. tg_Al19A for ComnlO~Mt As obt forth in the "Information and Speoial Instructions to Bidders", the time allotted for the completion of all items of work shall be 270 consecutive calendar days, which time shall begin on the tenth day after the issuance of the Work Order. The Work Order shall consist of a written request by the Engineer to the Contractor to proceed with the construction of the project. 3s p A__ U&P ,I Subject to the other requirements and stipulations in the specifications and other Contract Documents, the Owner reserves the right to award the contract to the qualified responsible bidder submitting the lowest and best combined bid covering all sections of the project which the Owner decides to award at this time. The Owner also reserves the right to accept or reject any or all bids on any or all sections if it is deemed to be in the best inter- est of the public. Further, the Owner reserves the right to reject any bids because of irregularity or to waive such irregularity if, such action is in the public interest. i515. P~4Y~913~ t The Contractor will comply with the reaula- Lions of the Sooretary of Labor made pursuant to the Anti-Kickback Act of June 13, 1934, 40 U,S,C, 276 (o), and. any amondments or modifications thereto, and will cause appropriate provisions to bp inserted in subcon- tracts to insure compliance therewith by all subcontractors subject there- to, and will be responsible for the submission of affidavits required of subcontractors thereunder, except as the Seoretary of Labor may spooifi- oally provide for reasonable limitations, variations, tolerances and exemptions from the requirements thereof, This act provides, among other things, that: each contractor or sub- contractor engaged in the construction, prosecution, completion, or repair of any public building or public work, or building or work financed in whole or in part by loans or grants from a Federal agency, shall furnish each week a sworn affidavit with respect to the wages paid each of its employees engaged on work covered by these regulations during the pre- ceding weekly payroll period. The affidavit shell be executed and sworn to by the Contractor or subcontractor who supervises the payment of wages, and shall be in the following; Forms f STATE OF COUNTY OF ,,,.,,(Name of party signing affidavit) _ etitIS)# being duly sworn to depose and say3 That I pay or supervise the payment of the persons employed by 7ontractor or suboontrsotor on file work_~" that during the or~ payroll, poriod commencing on the da of Y . _ , 196.1 and ending the day of 197 It all persons employed on said project have boon paid the full~uroekly wagon earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said _ W. joontrJActor or subcontractor) from the ful weekly wages earned by any persons otl v than permissible deduc- tions, as defined in the regulations under the "kick-back" Act (48 Rats 948) and described bolowt (Paragraph describing deductions, if any) Siena+;ure and Title Sworn to 'before me this ..day of X96._...... 5. $Jghii„ Q Ac Uai Representatives of the Texas State Department of Public Hoalth and the United States Public Health Bervioe shall have access to the work wherever and whenever it ie in preparation or progress and the contractor will provide proper facilities for such access. 6. Olin Sneoiiioat.onst Whore materials or equipment are speoifiod by a trade or brand name, it is not the intention of the Owner to disorim- inate against an equal product of another manufacturer, but rather to not a definite standard of quality or performance, and to establish an equal basis for the evaluation of bids. Whore the wards "equivalent", "proper", or equal to are used, they shall be understood to mean that the thing referred to shall, be proper, the equivalent of, or equal to some thing, in the opinion or judgment of the Engineer, Unless otherwise apeoified, all materials shall be the beet of their respootivo kinds and shall, be in all eases fully equal to approved samples, Notwithstanding that the wordA "are equal to" or other aueh expressions may be used in the spsoifieations in connection with a material, manufactured articlos or processes, the material, article, or proooss, specifically designated mall be used, unloss a nubatituto shall be approved in writing by the Fngineor, and the Engineer shall have the right to require the use of ouch specifically designated material, article or process, END OF SPECTAL PROVISIONS g in accordThe s low have en ancetwith the statutory req©irementsyand provItiline local stagges. Overtime shall be paid for at the rate of one and one-half (1;) time the regular rates for every hour worked in excess of forty (40) hours' per creek, Air Compressor op, $ 1,50 Laborer (common) Air Tool Operator 080 $ 090 Batterboard Setter Maintainer Opor, 1,75 Bell Hole Man 085 Mason Tender 080 Blade Grade 1'00 Master Mechanic 10875 Operator Mechanic 1,50 (Self-Propelled) 1,75 Mechanic's Helper 1100 Blade Grade Op, (Towed) 1450 Mixer Oper, (14 CF & Over) 1,75 Blaster (Powderman) 1100 Mixer Oper. (Less than Bricklayer 2.05 14 CF) 1,5o Bullolam Operator 1,75 Mortar Mixer Bulldozer Operator 1,75 1000 Carpenter Oiler 1000 Clamshell l"625 Operator 1,75 Painter, Brush 1,75 Concrete Finisher 1,75 Painter, stage spray 00 Crane Operator 1.75 Pie Layer y Derrick Operator 1.,75 Pews" Equip O 1.000 Dragline Operator 1.75 Power Equip. Opt Heavy 1,75 DlOvating Grader Op,(Towed) 1,50 Power Saw Operator 11 1,625 Pump Operator, Over 2 140 Fine Grader ,85 lump Operatoro 2" & Less 1,00 Fireman 1025 Roller Operator 1050 Form Builder 1650 Groaner Scraper Op, (Over 7 GY) 1,75 1,2r ~ Scrag ON (7 CY & Under) 1050 Hoist Oper, (One Drum) 1050 Shovel Operator 1,75 Hoist Oper, (2 Drum & Over) 105 Trenching Machine Co. 1,'75 Iron Worker (Rodman) Truck Driver (1• T.or loss) ,90 Tron Worker 1,50 Truck Driver (ItT,& over) 1,.10 (Struo,Steol) 1, 1, ?5 Joint Worker 1000 Weldor 1+75 Kettleman •85 Contractor shalt comply with all State and Federal laws applicable to such work, The above are minimum rates, Bidders shall base their bide on rates they expect to pay, if in excess Of those listed, The Owner will not consider claims for extra payment to Contraotor on account of payment of wages higher than those spsoified, • h PROPOSAL Denton, Texas -WUA 10 , 1961 PROPO.SAL__ __F~,Fc> r onstrup.gZ Cpj.. In a corporation organized and existing under the 0 laws of the State of Texas a partnership oonsisbing of an individual trading as r_...._ r. TO THE CITY OF DENTON, TEXA;t The undersigned hereby proposes to furn{.sh all labor, tools, equipment and materials and perform all work for the construction of the Sanitary Sewer Tmproveme,nts in accordance with the Contract Documents for the follow. ing prices, to'-watt ITF?1 ESTIMATED UNIT 11 Install 211, V.C.Sewer Pipe, 01.6# out 270 L.F. 2. Install U" V.C.Sewer Pipe, 61-8' out 295 I Fs $15t5•~'S 34 Install 21." V.C.Sewar Pipe, 91-3,01 out 969 L.F. $2 20 2 llb. 6n 4. Install 2111 V.C.Seo:er pips, 0 -'12 out 537 L.F. $ 2.2.660 $.1,396,20 5- Install 2111 V.C.Sewer Pipo, 121-14' out 75 L.F. $ 346, 270 00 60 Install 24" V.C.Sewer pi-0, 01-61 out 477 L.F'. A 70 Install I4" V.C.Sewer Pipe, 60-80 out 2063 L i' 84 Install 2411 V.C.Sei-mr Pipe, 81'-10, out 20870 L. F'. 90 Install 24" V,C.Sewor Pipe, 100-12' out 1,1.29 L.F. i ITEM ESTIrfATBD UNIT . SQLT TrzOp._or ITEH 10. Install 24" V,C,Sower Pipo, 12'..ltE.+ out 11. Install 24" V.C.Sewer Pipe, 141-i6 t out 10911? 1,.1. I'_,_Q r.14a3~.~L._._ 12. Install 24' V,C,Sower pips, 1.61-18# out 1 6 1 L.F. 13. Install 2411 V.C,Sower ' .,.~e, 181-201 out 931 r.f. h r 60 14. Instal]. 24 V,C.Sower Pipe, 201-22' out 17 Lill, 10.60 $ 1(i~2 15. Furnish 21" Vitrified Clay Sewer Pipe, Standard Strongth 1,528 L,P, 305.. 16. Nrnieh 2111 Vitrified Clay Sewer Wipe, Extra Strength 612 L.b'. 17. Furnish 2411 Vitrified Clay Sewer Pips, Standard Strongth 5,10.0 L.f. Q t $14Z?Z&~._. 18, furnish 24" Vitrified Clay Sewer Pipe, Extra Strength 6t885 L,F, 4'_1tt 9;zm,G5 19. Crossing M,i+:.T, Railroad with 42" Galy. C, t4, P. Casing 1 F,a, rjo -.2 0 00~ 20, Crossing Interstate Highway 3511j with 48" oAiv, Liner Plate Casing 1 Fa, fil 00,0Q 1 rb0,00 21, Installing 241, C.l,pipe in Ry, and Hwy Crossings 390 I„l''. o i,;" " 8"0_00 ^~^Ir y 22. Standard Manholes 6' or less Depth 29 La. V' 45.00 U.►Q_ 23. Manholo Extra Donth over 60 ].77 J„F, 21+, (travel Embedment 1.,900 COY. _,-~q M.F 25. Conorote Cradle and inonnement 100 C,X, 26. Deep Cut (or service)conneotion for sewers 10 Ea, $ 1y 00 , ITEM E8TI'+AThD WIT r~o, _ w n~4s I~rlg,a Or ITV . Muni i:I:~ Y _ y,~ n?X~rl 'r 2?, Extra quantity of 30000 poi ooncrote including ruin. forcing steel, forme, oto, not shown on the Plans and if ordered by the Engineer 5,0 C,Y, 4%,d ~ 28. Extra quantity of 1,500 psi concrete including; forms, excavation, eta, not shown on the Plane and if ordered by the Engineer 5.0 C,Y, NOTE: Items 27 and 28 are intended to be "Add,' or "Deduct" Items, TOTAL AMOUNT OC D7D (Items l thrit 28) $ 162 The undersigned hereby drolares he has visited the site of the work, carefully examined the Ccntraoi, Uoollments, and familiarized himself with all matters pertinent to tho work covered by the above bid, Within ton (10) days after acceptance of this Proposal, the undersigned will exeouto the formal contract and deliver an approved ,%jrety Bond for the faithful performance of the Contract, The attached bid surety in the amount of $,_„`_.'.YfLt5~t-11h9~.ir491.~iilQ~t]3~b.11~.. _ is to beoomo the property of the City of Denton, Texas in the vent the Contract and Bond are not exeouted and deli.vhred within the time above set forth, as liquidated damagos for the delay and additional work caused there- by, agrees to oonmonoo within )27days afLror tomconploto~cthothovk ton days, 0 calondar The undo reigned acknuwledges recoi.pt of the following Addor,da: Addendum No, 1 and Addendum No, 2 Rnopootfu).ly submitted, ED) 'V l,C,F'4.~....._,..~_...._,. rrow, Irosidont (Sea), if Bidder is a Corporation) `~PY ~~'-~~--~-~------w,--- NOTE: Do not detach bid form " Address from other documents, k CONTRACT AGREEMENT STATIJ; OIL TEXAS ~ COUNTY OF MRTOX THIS ACRPP TEE(', mado and ontorod into this l day of , A A. i). , 19,1_, by and between ` T~ ai Y of of the County of I~Aton and Stato cf Torna,Tacting tiu•ough its for the)- ur:o duly authorizod so to do, Party of the First Part, hereinafter tomed the WNER, and f1* Forte OwNtstion Go•, X10• of the City of Dalus County of Doll" and State of- TexKe , Party of the Sooond Part, hereinafter termed CONTRACTOR, WITNPSSPTfI: That for and in eonaidoration of the payments and agvooments hereinafter montioned, to be made and perforried by the Party of the ]'First Part (OWNER), and under tho c-,editions oxproasod in the bonds bearing oven date herewith, the said Party of tho Second Part (CONTRACTOR) hereby agrooa with ti•,o said Party of the First Part (O MEN) to commonce and complete tho construction of certain improvements described as followss Gan u„,,M..~ Sta►trahool Ou and till. extra work in eonnoction thorewAh, undor the torms as statod in tho Gonoral Conditions of the Agroement; and at his (or their) own proper coot and oxponao to furnish all the materials, supplies, machinery, equi,pmant, tools, suporintendence, labor, insurance, and other accessorles and sorvi.cos necessary to comploto the said construction, in accordance with the oondi- ti.ons and prices stated in the proposal attached hereto, and in accordance with all tho General Conditions of the Agreomont, and in accordance with the; 7-i5-,6U l plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory mattor thereof, And the Specifications there- for, as prepared by FREESI;, NICIfOLS AND UNDRESS, herein ontitled the ENGINEER each of which has boon identified by the CONTRACTOR and the ENGINEER, to- goi.her with the CONTRACTOR'S written Proposal, the General Conditions of the Agreement, and the Performance and Payment Bonds hereto attaoheds all of which are made a part hereof and collectively evidence and constitute the ontire contract, The CONTRACTOR hereby agreed to commence work wi.Lhin ten (10) days after the date written notice to do so shall have boon given to him, and to substantially complete said work within r dayn after the date establiethed in the written noti.co to eommeneo work, subject to such exten- sions of time as are provided by the General and Special Condi.tionso The OWNER agrees to pay the, CONTRACTOR in current funds the price or prices shown in the proposal, which forma a part of this contract, such payments to be subject to the General and Special Conditions of the contract. I IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above !mitten. ATTEST1 The CiA of Denton. Te ~ Part the First Party OWNER ,7 B - cry' ,~{1 We D, fkttrill, City Boor*" Fr R. Darrow X&YOr (SEAL) nT'rEST,~1, sl yfi c~ L'Im j onst;ruoE.im Go., lno, partSecond Pa~rt,CONTItACTG`R -'d K_~ r'ay'- Mevrr 13y„_. 'I'itl.o ( :SEAL) 7-15-Go 2 PERFORMANCE BOND STATE OF TIRXAS COUNTY 010 WNTON KNOW ALL MEN 13Y THESE PRESENTS: That 9I9 Fork Oo"taraatJOG Co,."O, , of the City of Dallas , County of Dallas , and State of Texas as PRINCIPAL, and _ Aearioan Exploymret Insuranos 0004 qr .as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the Thd Clay of Ngt2g, R wn nus +as OWNER, in the penal sum of _ Fifty and 20/100 u~adred Dollars 3,67625p.20) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thoso prosentst WHEREAS, the Principal as entered into certain wri. ten contract with the OWNER, dated the k. day of adud , 19 ,for the constru-tion of Y M~Oontraot No. 60.2 State, Bahool Aeetfall Lim which contract is hereby reforrod to and made a part hereof as fully and to the same extent an if copied at length heroin, NOW, THEREFORE, TBE CONDITION OF THIS 013LIOATION IS SUCH) that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all. and singular the oovenants, conditions and agreement3 in and by said contract agroed and covenanted by the Principal. to he observed and performed, and according to the true intent and meaning of said Contract and the Plans and Spooifl- cationie hereto annoxed, then this obligation shall. bo vold; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Articlo 5160 of the Rovisod Civil. Statutes of Toxito as amandod 7-15-60 3 by acts of the 56th Lopislature, Regular session, .].959, and all liabilities on this bond shall be determined in accordance with thr_ provisions of said Article to the same extent as if it were copied at longth herein, PROVIDED Fl,'R III;It, that if any legal action he filed upon this bond, venue shall lie in nton County, State 01' TOMB. Surety, for value received, stipulates and agrees that no chango, extension of time, alteration or addition to the tormu of the contract, or to the work performed theroundor, or the plans, spent fl. cations I or draw.tngs accompanying the same, shall. '..n anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder, IN WITNESS MIE'l(EOP', the aid Principal and Surety have •i ~ned and sealed this instrument this 2X4 day of A It 19 r Ilaa A Construatl.on Go. ~ Aw, AMeri,oan i~g►loypra' xaaararwv Co~enr inci al Surety By. + 4• Farrow, l'raaidsnt J) J Title P. Oo lux U186 _ Titl.o ;r Address Dallas 201 Toxu AddronsAI-,% 1U, i if~lf 111 !'\itt"t I.I,IIU. (SEAL) (lt;rlL) The name aril address of the Resident Agent of :;ftroty is: ll Notoi I)ato of Bond mu,1t not prior to date of Contract, 7-15-G0 4 PAYAII,N'd' DONT) OP 'PEXAS C,OMI'1'Y Ol'., WN'TON KNOW ALL 1110,14 I3Y '111E 91p, PRNSE'NTS 1 That I, of thu Ci.l'y of D~YLr County of D41164 , and Stato of T6seaw as PRINCIPAL, and ArtOAri 1C! ~tlaLU+ana~ Go,r~n as SURETY, authorized under tho :lawn of the 5tato 01. 'd'oxae to lot as suvoty on bonds for pri.no.i.lml.s, are hold r,nd firmly bound unto the ait, oP Denton. Togo as OWNER, in tho ponal sum of' One_ ifW~dr~d 3lxty~van Th gmand Lto E{wmLCSL_ PLAY Ond 20/100 Dollarn for tho paymont whr,roof, the said Principal, and Suroty bind thomrro7.vos and their hoir,m, arlridnistrarors, oxoc- utorn, oucconsmrn and assigns, jointly and oovorally, bit thoso prer'ontn1 WHERFAS, tho Principal ras orntorod into a oortai.n writton oontract with the Owner, dated the 3 Yday of _ Aqgu~~_'____~~, .Cor t}ro conof,ruction of Contraot Nos 60.2 StAts Sohool ©t~tPAll . which contract io horoby roforrod to and mado a part horoof ar• ['01y and to tho tvve oxtont as if cop.i,od at longth horoin, NOW, 'I'rIEMP,I"ORG, 'flip; COI9DRION OI' 'I'BIS OBL:I:UATION IS JOCH9 that if the said Principal shall pay all, claimant.,l supplying labor and w rtorltil. to him or a ubcontractor in tho pronooution of tho work provided for in said contract, thon this obligation shall br, void; othorvrirm to rorrr.,.in in full. .force and offrct; PROVII)1;1), IIOUBVLR, that this bond is oxocutod purtruant to thu pro- visiorw~ of Articlo 5700 or tho Royinod Civil. SLatutun of Toxt-u, w, .rmcndod by acts of tho 56th Logislature, RoI;ular Sossion, I.959, and all. I.i.abili.ti.o ; on this bond shall bo dote mmod in accordarnco with tho provision:, of nail Articlo to tiro samo oxtunt as if it worn oopiod nt lonl;th heroin, RROVIDED F1110,111'11 that if any loyal action bo fi:lcr.l upan tlri.n heart, vonuc shall l.io in DAM County, State of 'J'exan, Surety, for vat.ue rrecoiv0d, HtipulaLos ariel xfcree:; that no change, OAOM 1.01, of time, al.Loration or addition to the torm", of the contract, or to the work porformed Lhoreundor, 01' the pains, 13vm 1fi.eations or drawirnfrs tmoonlpun,yingr tho name, shat.], in anywiso affoot itrl obl igat:i.on on thin bond, and it (10013 horeby wa.Lvo notice of any such change, oxtonsion of time, rataeration or addition to tho Corms of the contract, or to tho work to be porformod Lhoroundor. IN WITNESS W11MM10:01"t the aid Principal and Suroty havo signod and Healed this infitrument this; •r~ *Alay of A1tr11At ly 61 1 -Kim F *k aonatruot`,.on an#p Inao _Amorioug h gmml 1ragzAKt,92WWq Principal. _ Surety tr C fly 13 A+r r .t i -'r, ~ W n~ rs r Titre • 0. F11miw PreyidsAt Titt.o lAM nadreso (P# Ey~~,,BOX 13186 AciciroaAl:+!;",! i} I.~ I'!r Dallas Z) T J ll 1 (r. ons (SMAL) MM 11,1140 r nd add -um,; oT Lim Ro;;:i.donL Af ant of* `Airoty J .,ii 1;11 J t 'I U1,, - lli !.I I, 7C .1 t1 lloto II Dato of florid count not bo prior to dato of Contract. 7-t5-6a 6 ( EWeRAL CONDITIONS OF AGRPI;I'I;NT l , DSH'I'NITIONS 01' TI;ItM5 OWi;H,R, CONTRACTOR AND NNGT.tl1,H,R. The O) Jmj!;R, the CON?'RACTOR and the I,;NOI-MENR aro those mentionocl an much in tho A1ronmonl,. Thoy arc treatod throughout the Contract Doeuulonts an if each were of the singular number an(1 masculine gondor. The MNGIMP1,102 shall fro undorntood to br, tho ENGINEMI of the OWNER or his duly authorized repro aontativo. L02 CONTRACT DOCUMENT , The Contract Dooumontr shall. consist of the Notice to Contractors AdvorLisemontSpecial Conditions (Instructions to Biddors) Proposal, signed Agreement, Performance and Payment 13ond3 (when rocluirodj, Special, Bonds (whon roqui.rod), Gonoral. Condi.tionu of the Al ree- mont, Technical Spooifi,catlonti, Plans, and all modifications thorcof incor- porated in any of the dooi(ments W'orc the oxoc,Ytion o1' thn agroomont, The Contract Documents are complementary, and what is call.od for by any one shall lye as binding as if called for by all. :lam SU11.Cp)Q'TRACTOR 4 The term Sub-Contractor, as oraployed herein, includoo only thoao having a direct oontraet with the CONTRACTOR and it Includes ono who furniuhoo material worked to e, spocial, douign according to the plans or opecifications of thin work, but (loos not incl.udo one who merely f rnloheo material not so worked, ].,01~ Wltl'1"1'1aN NO'1'ICi`, Writtcin notice Aall be doomed to havo boon duly 99Y`Ved i.f deli.vororl in povoon to the in(tividual or to u member of the firm cr to an officer o1' the corporation for whom it is intondod, or V doli.vorod at or t>ont, by roglotorod mail to the latit businceo addroes known to him who givori tho not:loo, 1,0WORKlitll c;3 othorwi.;,c stipulatod, the CO1J1'1tAC'LO1t rilit.1.1 pt'ovido and pay fell all materials, suplJlloop machinery, oquipmont, tools, 9uporinton- clonco, Labor, tnouranou, and a1.1. water, light, povlor, fuol., I:ransportat.ion, and other facilitios nooosuary ror the execution and completion of the work covered by tho contract dooumonto. Unlosu othorwiso sIxicii'i.ed, all matori- Als shall be new and both workmanship and materials shall, ho of it good quality. The CONTRACTOR shall, if roquirod, furnish satitifacl,ory evidence as to the kind and quality o.r matoriala. Matoriuls or work doscribod in wordo which to applied havo it viol) known toohhicul or trado moaning, shrill be hold to rofor to such rocognized staniiardu. 1.06 M11111 A Wou.. The torm "Mixtra Work" as usod In thin contract (hall be undol'stood t,o moan and Ineludo all. work that may he rapirod.. by the 1911OINMUZ or OWNER to be Bono by the CONTRACTOR to accomplish any ohang-, alteration oil addition to the work shown upon tho plans, or roasonably implied by thr, spouificationh, and not covered by tho CONTRACTOR'S Proposal, oxcopt as pro- vidod under "t;hanges ua i Alterations", hovoin, 7-1;-6a 7 1.0' 1,1(?Itl(f:It(1 MY. A "Worltinl; 1)rty" .Ls rlerinad an any day nul, i.nca.udinp, Satur_ davt;, Sundays or any 1.o1,a1. hol.tday,i, in which woathor or, oth,,.r 0onditions, not uru.or` tho, control. of tho CONTRACTOR, Will parmit constimet.i.orc of the, principal itnIL;t of, the work for n continuous pori.od of not Tons than rsnv0n hourr, botwoun '7.00 a.m. and 6100 p.m. 1,08 C,ALP211)AR hAY. A "Calendar Day" is any day of Lho woak ov month, no days boing axconto(l. 1.02r .7113STANTIALLY COMPLETED. By Lilo torch 'c Sl.tbr,tantiral.l.y Cornploted" is m0ant that the atructitro hari boon- -made nuitabl.o for use or ocoupancy or tho raoility in in oonclition to norvo its inton(lod pt►rporm, but otill mn roqu).vo roinot+ minccollanooufl work and ad,luotm011L. I. CONTROL Olt' WORK 7.01. LINES ANl) G1tA111110fib otl or`winri alxmifiod, all 7.inai and gradon nhall. bo furnished by tho OWNISR or'hin roprosontativo. Whonovor rlaooaara,ry, constritcti,on work shall be susponrlod to pormit performanco of thin work, but Pugh sMponsi,on will bo au brio(' as,'pract cablo and the CONTILlCTOR ahal.l do ,Al.lowod rib oxtrn cornponnation tharoi'or. Tho CONTUCTOR shall.' pivo tho OWER or the ENOMINER amplo notion of the tirno and placo whe'vo 11rct,cr ad vadea ; will be noodod. All rtakob, 'mtirkta,' atc.,' shall bo carlo.N'lly prosorvod by Cho CONTRACTOR, and in cano of onvol.ons dootr'tration or rotnov.d. 15y him or hie omployoos, ;Duch otakoo, mat'kn, otc., ,htcl..l ba roplacad at tho COOTRACTOWS oxponoo, 7. 11?JCTt1l i~Et'S A[I'1'AO111'1'Y A1111 1tU'ry. Unl:(ans otfirjrwlso spool.fiorl, it is Iccutually agrood 1~otwoon tho p.Rrt an to 'this A(±rlooriont' that the N'NOTNITM nhall. ,r;uporvitso all. work inelUclOd harcan. 110 has the authority to itLop th0 work whonovox' ouch stoppalto may bo nacosnar'y to 111nuro Lila propor' oxacuti.on of Lila uoriLvacL. Tn ordor to prravarlt clol<nyo-i and ((laid+,on untl to diimurttlru 1itil;uLiott, it 1.1j furthor rtl{mood thtt th0 It;I'MIIII;I12 nhala in all cuct6n (lrator.. mint; Lila Wrtounto and quantttion of tho novorld kiru?.-j ul` wort, which avo to bo paid eov undov thin contract. Ito rl rtl.l clotorraino all quoati.on;i in relation to oalcl work and tho construction tharoof, anti 011411. it) 10.1 oe.sOS tiaoidti ovory quostion whirh may arign rnlativo to'tho oxoou~ioh of thir5 contract on the part of staid CoNTIMTOJI. Tho Ii,N(11'111-;J~ t'S onti.tnatoa tUlrl 1'inrlic ~I shit:(.( be tiro conditiono prooodont to tho riL~hL of tho partioo horoto to arbitration or to any ac:tiort on Lilt contract, rtrtd to tiny rights of tho COIi'1'1tOTOR to rooo.lvo any monoy undov thin,collLratltj providod, howovor, that should tho 14NWtI11,I5,R vocldor' mly clcalolulc or give ally ((Emotion which, in tho opinion of aithor party hor'oto, is not in accovdanco 'with tho moaning and intont of this, contract, oither party may filo" with said t NC:CNARM within thirty (30) days hint wvli ton ob"octiort tso' thO dooinion or dirccUon so rondorod, and by nuah ac Lion may rosorv; tho t,:lght to submit Lho quentitn no raiaod to ttrbi- trutl.art as 'i Groin providod. It is the i.ntont of this agroomont that 1,110110 shttl..l. ho no dolay in tho oxonution of tho'work j thomforo, tho wPi.tton doelf0.011 or, (11vootionn of tho IclIQUIENR are rortdomcl shal1 bo promptly carriod out, rind any claim arioing thororrow shut-1 bo Uloroafter ad,}untocl by al)], tvat.ion atr hor'111_11after pr'ovidod. 8 The ]i,NO11319I11t 411a11, w1 thin a reasonable time, rondor and dcdivor to both the OWNNIt and tho CONTRACTOR <a varitten dooiclon or. .:dl 01611)r, of the parties hereto and Orr all quostions whiC}r OUIy ariso relative l.o tlro oxocut.i.on of tho wort: or the intorprotatlori or tho contr, 'let, Spocifio'rd,lon,s and plans. Should the }(,:111I [;R rnt.l to nia3to r;uch clocisi.olr within a rear;omblc time, an appoal. to arbitration many br; talCOn as .'rf hi.;r clocision had baron rendored against the party appeal int. Whonovor the words "clirooLect", "roquirecl", "r,onnitted"I "designated", "considered nooessary", "prescribed", or words of Like import are used, it shall be understood that the direction, requirement, povmission, order, dotiig- nation or proscription, of the h,'NC]ZNF,LR ir, intonded; mi(l similarly, the words "approval.", naocoptable", "satisfaotorv", or words of like import shall moan approvod by or aaccepttrb].o or satisfaotory to the T33t(+l.ll};l;lt, 2.0 SUPI!;ltlN'1EN3)1lUX AND 1NSPEC'TTON, 7,t 1.5 agrood by the CONTRACTOR that the ENOl N'N'll shall bo and it heroby authorized to appoint, from time to time such subordinatn onginoors, supervisor:r or Imipoctors u`tho said I1101I1NAIlt may doom propor to inspoot the material furnistrod anri the work done under this agreememb, and to Soo that the said material. if; furnished, and said work is done in accordance with the spooifications thorefor. The CONTRACTOR shall furnish all reasonable aic3 and assistanoo roquirocl by the subordinato enginoors superviaors or inepootors Vor the propor inspection and examination of the work. The CONTRACTOR shall. regard and obey the directions and inutruc- tions of any subordi,nato onginoorai, suporviscire or i.nopoctors rro appoi,ntod, when suoh diroctions and instructiona are consiciteat with tho obligations of this Agreemont and tho accompanying piano and spoodfi.Cationp; providoct,; how- over, eihoul.d the CONTRACTON. object to any ortior by any subordinato ont;i.nsor, supervisor or inspector, the CONTRACTOR inay within a;i.x (6) clayo raako wriltton appeal, to the NWITNEER for his doolsion. 2.04„ CON'I'R%C'POIt'S lllt'i'Y ANU ,SUI'};RTA)BINC'li. ho r,0}I'!'}tAC''Oll shall (;ivo poll.. oonal al,tontion tO the ,L'aJ.thru't prOCloaution trr.d. remhl.r.t:9.on of.` this COntrael, and shall koop on the work, duri.nf its progress,, a cornpotont r;upor.i.ntondont and any nocoseary asst:i,staritt, all. satisfactory to tho .ENOTI1EER. The nupor- i.ntondent shall ropro;;snt tho CON''1tAC''011 in hi.s absence arid all diroc Liens givon to him ohal.l be a, binding as, if givon to the CONTRACTOR. Important diroations nhal:l be confirmed in writing{ to the CONTRACTOR. Othor divoe- tions shall be no oon Vlivied on writton roquost, in each case. r~01„CONTRAC'TORI,) UNI ERSTAN17;1NO. "t i.tj understood anri at!racd t}itct the CONTRACTOIt han,'by caroful. cxtnnainatiOil, '414tisfiod h1vinal.f as to the mature and 1uca,.tiOar of Lhu work, the ronl'ormat3.on of the (;round, the charaCtOr, qual-lAy and quantity of tiro matorial.o to bo oncountorcd, the charactor of oquipmont and raoi_'L:it.ios noeci6d prolim'i.nary ~o and during the prot~ecation of tho wont, the gonea• 1. anci' local, condi.tion8 $ and all, other mattorn which can in any way affoot the won,k under this` oonti act. 110 vovbtil of roomont or convereaticnr with any offioer, agoilL or' ompl.oyoo of tho OWNIM, oi:thor boforn or after tlrn oxo(!ution oi' this contrlact, hhal.a. arfoct oil mudi.t'y any of the torrno or obli(,atiomm hc1'Oi.u containsd, 7-15 -60 9 x,06 IAIZ i'F1t? nl lnRP3'.hN, '[ho CONTRACTOR ar~r'ns to employ only ordorl.y and compoLont mon, nkil.lful. in the porformanee oP the type of work required under Lhio contract, to dO the work, and agrees that whonovor the ENOMEER ehal.l. In- Corm him in writing that any man or men on t,ho work arc, in his opinion, incom- pot.ont, unfaithful. or di.;sordorl;y, such man or men Shall be discharged from the work and nhall not tigni.n be employed on the work without tho ENOINEER'S written conriont. ,Q7_ CON'1'ItACi'Olt'S 131lI1llIN0S. The building of ntructuros for housing men, or the oroction of tontn or othor forms of proteotion,'will be permitted only at such plaoos an the ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures shall at all. times be maintained in a manner sati:nfaotory to the ENGINEER, Necessary sanitary conveniences for the use of laborers on Lho work, properly sooluded from public obsorva.Lion, shall be conntructod and maintained by the CONTRACTOR in suoh manner and at such points as shall bo approvod by the ENGINEEIt, and their use shall be strictly onforoed, 2.00 SJIGI' I)RpWINO,'3. The CONTRACTOR shall submit to the ENGI'NSER f with such promptness an to cause no delay in his own work or in that of any other Con- tractor, four copies, unlbsn otherwise specified, of all shop and/or setting drawings and schedules required for the world of the various trades, and the ENGINEER Hhall pass upon them with roaeonable promptness, making desired eoircoti.one, The CONTRACTOR shall make any corrections r'equirod by the ENGTNENR, file with him two corrected eopi.on and furnish such othor copiea as may bcr noodod, The ENGINECRVS approval, of such drawings or sohedules shall not reliovc the CONTRACTOR from responsibility for deviations from drawings or npooi.ficationn, unl.oso hrr has in writing cal tod tho ENGINI0,I1,0S attention to much doviationn at the timo of subminsi.on, nor shal). U relieve him from vonporrrsihil.i.l,y for errors of any port, in shop drawings or, schedules, 7.10 PIi1CI SINARY p['li0 L. Tho I,[OTMENR shall not havo the power to wai.vo the obl.igatienn of thir, oontrack for the furnlshing by the CONTRACTOR of. good matcri.nI, and of hi=s porfor•ming good work an herein described, all in l'u'll accordance with the plane and spoci.l'icationn. No failure or omission of the ENOTN E'R to condemn any dofectivo work or material. nhol.l. release the CONTRAC. TOR from the obligations to at once toar out, remove and properly replace the saint at tiny time prior to final. aocoptanon upon the discovery of said defective work or material i provided, however, that the BNOINEER shall, upon request of the GON[RAG10110 innpoct and accept or ro,joet any material furnishers, and in event the material: has been once acceptod by the 1NGIN!ENO turtle aecoptanco shall be binding, on tho OWNER, un:lenn it can be clearly shown that suoh material. furnihhod does not moot the ripocifications fox' dells work. Any queationbc[ work may be or6vrod taken rip or removed for re-examination, by the ENGJNLER, prior to final accoptanco, and if found not in accordance with the specifications for said work; all expense of romovi.ng, re-examination and replacement ;:,hall bo boy-no by the CONTUCTOR,, otherwise the expense thus 7.n- curred shall be allowed as EXTRA WORK, and shall bo paid for by the OWPERI pro - vidod that, whore, inepnr,ti.on or approval is apecifi.calTy requirod,by the nlrora- Ticati.onn prJor to porformanoo of certain work, should the CONTRACTOR procand '/-.15-60 10 with such work without requesting prior inspection or approval he shall bear all, expennc of taking up, romovi.ng, and replacing thin work if so directed by the ENGINEER, 2-11. DEFECTS AND X711 q. It is further agroed that if the work or any part thereof, or any material brought on the ni.Le of the work for use in the work or sol.ected for the aamo, shall, be deemed by the ENGINEER as un- suitable or nut in conformity with the specifioationa, the CONTRACTOR shall, after receipt of written notice ther.W from the ENGINEER, forthwith remove such material. and rebuild or otherwise remedy such work eo that it shall be . in full accordance with this contract. 2,112 QUTANON ANUS R-ALCONS. The CONTRACTOR further agreeu that the OWNER may make suoh changen and alterations an the OWNER may see fit, in the line, grade, formr, d.imena.ons, ptans,or matorials for tho work herein contemplated, or any part thoroof, eithor boforo or aftor tho beginning of the oonstruotion, without affecting the validity of this contract and the accompanying,p©rform- anco and payment bonds. If ouch changes or altorations diminish the quan'ti.ty of the work to be done, they shall. not constitute the b,aals for a claim for damages, or anti- cipated profits on -the work that may be di.speneed;with, except as provided: for unit price items under Seotion 5 "Measurement and.Paym©nt"o, if the Amount of work In inoreaaed, and the work can fairly be of ,unified under the epeoi;. fioationn, such inorense ahall be phial for according to the quantity actually done and at the unit price, IS any, established for Auch work under this oon- traot, except as provided for unit price items under .9eotion a Naasurrement and Payment'; otherwise, such additional work shall be paid for an provided under Extra Works In case the OWNER oharl.l make such changes or al.torations as make usoless any work already done or material already furnished or used in said work, then the OWNER shall recompense the CONTRACTOR for any material. or labor so used, and for any actual long oconaioned by auoh change, clue to actual. expanses incurred in preparation for the work an originally planned, 2.1 i r iM) : ANI) E P ' , If at any time the methods or equipment used by the CONTRACTOR are .found to i7e inadequate to secure the quality of work or the rato of progress required under thin con- tract, the ENGINEER may order the CON'T'RACTOR in writing 'to increase their rafoty or improve their chnvaotor and effi,aioncy, and the CONTRACTOR shall comply with such order, I at any time the working force of the CONTRACTOR lei inadequate for socuring the progrons herein epoeified, the CONTRACTOR shall, if so ordered in rcr,iting, inorease hie farce or, equi.pment# or both, to such an extent as to give reasonable aesuranco of compliance with the schedule of progrenso , 7-7. ~-G(r ll. 3. GENERA[, OBLIGATIONS AND ItES1,ONSIi3II,I'1'lES i.~Jl.~ KEF PING OI' PLANS, AND P C 'lCA'1lONS ACCE9RT 11E, Tho ENGINEER shall. lfirnLF:h tho CONTPACTOR wiL:•i an adequate and reasonab'Lo numbor of copies of all plans and speci fications without expense to hint, and the CONTRACTOR ahal.l keep one copy of the name constantly acoosoi.blc on the work, with the 1nLo$L rovisione noted thcroon. 3, Q,2 OWNEIISIfO~DRpN All clrawingn, speoificatione and oopies thereof furnished by the ENGINEER shall not be reused on other work, and$ with the exception of the signed contract sets, are to be returned to him on request, at the completion of the work, All. models are the property of the OWNER, 1, ADEQ.UQCY QL,-=A. It is undorstood that the OWNER believes he has employed oompetent engineers and designers. It in, therefore, Agreed that the OWNER shall be responsible for the adequacy of the design, sufficiency of the Contract Doouments, the safety of the structure and the praotioabi,l,ity of the operations of the completed pro,joeti provided the CONTRACTOR has com- plied with the requirements of the said Contract Doouments, all approved modi- fications thereof, and 'additions and alterations thereto appr,uved in writing by the OWNER. The burden of proof of such compliance shal.l~ba'upon the CONM TRACTOR't"o show that he' has complied with the said requirements of the Contract 'Documents, approved modifications thereof and. all approved additions and alterations thereto. 3..04.IQ9T 0Z j=O 'rho OWNER resorvos the right to enter the property or locAtion on which the works herein contracted for ail" to be constructed or ihetal.lod, by such agent or agents an he may elect, for the purpose of super- viei.nr; anti inspoating the worle, or for the purpose of constructing or install- ing`such oollateral. work as said OWNER may desire. 3.0 (10~,A'r~;i AAt, r;ON'Prrnq'I+a, The OWNER agrees to provide by separate contract or otherwise# all labor and material.' erroonti.al to the complotion of tho work specifi.oally excluded from thin contract, in such manner an not to dolay tho progroav of the work, or damage said CONTRACTOR exII whore, such del&ys am npoc .ficall,y monLi.ouod ol.Howharo in Lhe Contract Documents', 3.06t7ISCItE1'ANGTI1 WD ()MISS Q1S, It Is further agroed that lb is the intent of this contract that all work count be done and all material murt be furnished In aoc;ordance with tho gonoral.ly accepted praet.ice, and in the event of any di.serepancien botwoon tho soparat.o conLraet doouments, spoci_ fi.ohti.ons cr drawings, the BNOINNNIi ehall dofino wh1oh 1.9 infonded to apply to the iroek, 3.Q 1 II '1' MAZ'EIi AND CON311 rON P IAN'IN The CONTRAOTOR shall prop v.idq all tools, oquipmenL, maohinory, materials and oonstruction plant and facilition necessary ,i.n the pronooution and completion of the contract, except as otherwise spocifioally not forth to be provided by the OWNER. 1'he CONTRAC- TOR shall be rosponsible for the oars, preservation, conservitti.on, and proteo- Lion of all'materi.als, supplies, maohi.nory, oquipmont, tools, apparatus, aooeonorios, facilition, all meann of oonotruction, and any and all parts of 7-1.5-60 12 the work, whethor the CON,rr?AC:3'Oii han boron paid, partially paid, or not paid for such work, until the orrtirri work IS eooiplotod and accepted. :101i..AM4 ;i In tho evenl; ,hi (0N'1'itAC'T01t in damaged in the course of the 00111pletion or tho work 1?7 l,hr, ec''-'o na91.00-t9 omissions mistaketor default of the OWNFft, or of tl1r, i Nr .A!'NE R, or of any other CONTRACTOR employed by the OWNPI1 upon the work, thereby 0111'8111L/ loss to the CONTRACTOR , the OWNER agrees that )to will roimburrro th4l CONTRACTOR for suoh' 7.0,98. In the event the OWNER is damaged in the co+rrse of the work by the not, negli encvs omission, mistako,or default; of tho CONTRACTOR, 'or nhoul,d the CONTRAOTOtt unreasonably delay the progrssu of tho work being done by others on the job so as to cause loss for which the OWNER beoomes l.inble, then the CON- TRACTOR shall reimburse tho OWNER for suoh loss. Mq,=O' The CONTRAC- TOR shall.. take out and procure a 'polioy or poii.oion of workmen's 0ompensa- Lion insurance with an insurance company licensed to transact busineea in the State of Texas, whioh policy uhall 'comply with the Workmen's Compens&tion Law o.f the State of T&:as. The CONTRACTOR shall at rtll bimots exeroise reaeon- able, preoaution4 for the safety of employees and others on or near bhe work and she'll comply with all applicAble provisions of Podoral, State and Municipal safety laws and building and (,ollotr(i,;ti.oh coded All. machinery and equipment a4d other physical hazards ihAll Lx) guarded in aooordanee with the "Manual, of Aoaicjetlt Proventidn in Conotruuti6n" of the Astr()oi.ated' 006ral Contractors of Amgr'i,onroxoopt where incompatible with Podera7., 'Stater or Mun oi.pAl l.awq or roijulat.loric. The C; N'I'ItA(-T01t shall provide much machinery guards, s&fo walk- ways, l,aeitdortr, lrld~, os, gangplanks, and other safety devioes'kA maybe ra- ppi i'ocd liyy the MOI:N IER as rci(ju lei tc to the tprovontion of Ac eiidents. The Rand his durotica t3ha'17 indomnif,yund Savo harnloas the OWNER and all his offioorns agenisa, and employoea from a1,7_ nuitsr aotiohtt or 'claims of any charaotor, name and donoripti.on brought for or on account of any injuI•i,oe or damngoa reoe.ivod or nlantalnod by ratty 'pardon or porsons or Drop ox'•;y, on ncoounL of any nogl goat act or fault of CONTRACTOR, his Agontn or employooll, in tho oxecilrtt.on t>r saki 0otstraatl or on neeount or the failure of the CONTRACTOR to pravl(jo rtfreosrsary barricaclon, warning 7 ighfo or 'c3igtsn; and will be regi Trod to pay any ,iudgmuns, with costa, whi.t,h may bo obtained against tho NMI griovIng out, cat' nuoh Injury nr• damnge. 3AIL~ MM ANL_PAJ? PO '-M At tlnlesn otherwise npoci.fiod, it is .further agreed by the brnrtier to this Onntract that tiro CONTRACTOP will execute separate porformance and pcymront bond.,3, each In the sum of one hltncdrod (100) percent of 4.113 total uon(rncrt prise, on standrlyd forms for this t)urposrr, guarant•cioing frl.5thfit7 ' rr,rf'orr~t+rnae of' the work aril the ful.- fil_l.mont of any guarantoon raqu'rnt), nn(l .firrthor (;unrnatneinfe payment to ral1. pcrraorlfl rrupplyi.ng :labaa. a.td m<al,ei lal.y or fur~nishi.ng him any equipment in the execution of the Corrtrae{,~ and it, is ap,r0cid that this Coritraot shall not, be In offaotuntil such pctrformnnco and payment bor0s nro'furnishod and approvod by the OWN1S11, lln1.0110 othbrwit,tr tgppxuved t.n writin(, by tlio OWNER, the surety company unrderwtl ling tho bou lei nhal_i. ky!t ac ;ciptabl.s 401001,ding to `016 Latest lint of o01tipanies Itirldi.ng oerti le-rl,to:,l OP oll11011it,y from tho 360rntrtry' n£ flit, Tronaury of tlce Nrlitod (tat,»n, 7-7'j-GO 7 Unless othotryrisU ,spocificd, the cost of the premi,urri for the performance 41nd paymont bon(b shall be included In the CONTRACTOR'S proposal, - - L~"-L'st 0LUWi I , Urlloss otherwise speci.fi.od, all loss or dam- Ago to the CONTRACTOR arising out of the actors of the work to be done, or from the motion of tho' a:l,©mente, or from any unforsoon oircumstanoos in the proaeou- ti.on of the onme, or from unusual, obtitruoti,ons or diffioulties which may be oncountored in the prosecution of the work, sha11 be sustained and borne by the CONTRACTOR at his own coat and expenno. 3.12 1'1(0TNQ'T1QN 0----.-,.,_.~_ ADJO AW1 1 R0.It1 p , " .-Y. The said CONTRACTOR eltall take proper meano to protect the adjacent or adjoining property or properties in any way oncountered, which might be injured ov seriously affected by any process of conitruotion.to be undertaken under this Agroement, from any damage or injury by reason of said proooss or cons truotion; and he shall be liable for any and all. claims for :such damage on account of his failure to fully protoot all ad- j The property. `fhe CONTRACTOR agreos to indemnifyr save and hold harmless the OWNER against any claim or'olaims for damages due to any injury to, any adjacent or adjoining property, arising, or growing out of the the oor~,traot; but any e,uoh indemnity shall not apply to any of im rof anyekind arising out of tho existenoe or oharmotor of the work, p „ 0 ~ n ~ QR b i ,MCP 7' n , ' I,I The C NT CT R IM that ho will indemnify and Savo the OWNfiR }tarmlosc, from a11. claims 'growing out of the lawful demands of sub-contractors, lal'orors, workmen, meohaniost material- mon,and furnishero of machinery and }'Carts thoreof, equipment, power tools, and alt supplios, inol.uding commissary, incurrod in tho furtherance of thp,p9ra'orm- ancr' of this uontraot. When so desirod by the OWNER, the CON'T'RACTOR shall, furnish satisfactory evidenne that all obligations of the nature hereinabove designated have been paid, rlicoharged or .ia.lvod. If the CONTRACTOR fails so to do, thon the OWNER may at the option of the CONTRACTOR oithor pay directly any unpaid bi.ll,s0 of which the OWNER has written noLioo or withhold from the CONTRACTOR'S unpaid compensation a sum of money (loomed reasonably su.f.£iaivnt to liqui.dato any and all suuh lawful claims until, satisfactory evidence is furnished that all. 7inbilitisri have been fully discharged; whereupon payments to the CONTRAC'MR shn'H. be rosumad in fu:t1, in accordance with the terms of this contract, but :Ln no event shall the provisions of this sentence be con- struod to impose any obligation upon tho OWNPH by eithor tho CONTRACTOR or his Surety. 'WA- . r~S~L.t1-SSA 1A "~~,Q : -0 Tfte CONTRACTOR MCA.,pa,y all royalties and liconso roots, and shall provide for the use of any desitrn, dovicc, matorial.,or I, Qourin coverod by lottorn patent or copy- rigtht by suitrrblo .'Local agroamant W'11.1'11 Lila patanton or owner. The CON'i'RAC- TOR rihall do.fond all awUn or claimn for infringnment of any patent or copyright rightrt and shn1L intlamnify and save the OWNER harmloas from any loan on account theroof, oxonpt, that tho OWNER r)Ital.l defend all such suits and aIA mn and shah. be rariponnib].c for all. nuoh lone when a particular dosign, dovl.oe, material #or prot'nnn,or• the prodtrut of a particular mane- facturer or mnnufrlotur,irs in npeoiClod or voquired by tho'OWNER; provided, 7-15-60 l1L however, if choi.ce of alternate design, devieo, matcrial.,or process is allowed to the CONTRACTOR, then CONTRACTOR 3ha1.1 indemnify and save MIfR harmless from any loss on account thereof, If tho material or process spociried required by the OWNIs'R is an infringemont, the CONTRACTOR snall be ronpons.i.bl.e for suoh loss unless ho promptly lives such Information to the OWER, 1.15 JAWS AND Q1Zf)1I NC['d, The NTRAC'TOR nhall at all times observe and comply with all fndoral., State and local lawao ordinances and regulations, which in any manner affect the contract or the work# and shall indemnify and save harmless the OWNER,againot an,y claim arising from the violation of any such laws, nrdinancon, and regulations, whether by the CONTRACTOR or his employees, except where such violations are called for by the provisions of the Contract Documents. If the CONTRACTOR observes that the plans and spaci- fications are, At vari,anco therowIth, lie shall. promptly notify the ENOINEER In wri.ting, and any necessary changes shall bo ad,justod,as provided In tho contract for changes in the work, if the CON'T'RACTOR poxl'oma any work knowing It to be contrary to such laws, ordinances, rules and regulations, and without such notice to the ENOINB R, he shall krar All costs arising therefrom, In case the Owner is a body politic and corporato, the law from which it derives its powers, insofar as the same regulates the, ob,iects for which, or the manner in which, or the conditi.ona under which the OWNS may enter into contract, shall be controlling) and shall, be considered as part of this oontract, to the same effect as though om odied heroin.: 3 i A5~5IONM1 NT AND 1l~r i, r r1 yg, The CONTRACTOR furthor, agrees that lie will retain personal control and will give iris personal atf.ont ion to the fulfill- ment of this contract and that he will not aosign by Powor of Attorney, or otherwise, or sublet said oontrvoL without the written consent o!' the OWNER, and that no part or feature of tine work will be sublet to anyone objectionable to the T0,140I14BER or the OWNI,11, Tho CONTRACTOR further agroos that the bub- l.etting of any portion or feature of the worlc, or materials required in the performance of this contract, shall. not relieve the CONTRACTOR from his full. obligations to tho OWNER, an provided by this Agreement, 3.17 CQN'I'RAG't'nl; Np fln__CON,'ft CTOFti i INaUIUIN .In The CONTRAC'T'OR shall not cormnenco work under this contract until the has obtained all, the insurance required under the following oub-paragraphs and such insurance has boon approved by the OWNER, nor oha:ll the CONTRACTOR allow any sub-contractor to coinmance work on a sub-contract until such vixb-oor}tracl,or has obtained com- plete insurance covor4igo nf; required for the C1QN'T'RAC'T'OR. > hl` 1`«.ISS+ t'Irc C611l'1'ItAL"''Olt a3htrl.l lsrveurc and sha7.1 main- tarn during Lilo Life of Lli.i;; contract Workmon's Componsati.on Insurance for all of )]In employees to be enp;agod in work on the project under this con- tract anti, in case, of any F;uch work aub7.et, t}io CONTRACTOR shall require the sub-contractor nimi:larly to provide Workmen's Componsati.on Insurance for all. of the l.atter.'s empl,oyeen to be engaged in such work,,un:less such omoloyoes are covered by the protcnl,i.on a.ffordod by the Contractor's Workman's Compensat,lon Tnouranoo. In case any class of omployens ongagod in hazardous work on the project under thin coni,raot is not protoeted under the Workmon's Componnation statute, i;hc CONTIACTOR shall provido and 7-15-Go shall ptduSe Hach sub-contrnri.or Lo provi.do adegrtuto. Rnployor'o Conera1 bil.ity 'fnsuranc~ for f.ho protaclJon of such of his ernployenr; no(, othorwise prot,cc tod, CONTPACT0103 P11131,TC 4TA13TTITY AND 111MI k1'Y DAMAC's S M t C",, The CON- f RAC T01t shall- procure and shal.l. maintain during tho 1.1fo or this contract Contrnetor's Public Li,ab.i.l,Ay Tnsuranoo in an amount not Loss titan $"1000,00 Pot, in,juri.on, Including noeidontal doath, Lo any ona person and subject to the -namo 1i.mit for each parson, in an amount not less than .100,000,00 on account of one sooidont, and Contractor's Property Damage Insurance in an ,amount of not logo than $P5,000.00 on nocount of one accident and $50,000.00 argropnIte. 3.173 A I119'I_ ~NAI I.T B.T.'-TT'YY. Tho CONT)WTOR shall. furni.gh innuranco as sopar» eta pol.iotes or by additional, ondorooment to one of the abovo mentioned poll ciont and in th6 nmount'rts sot forth for publ.i.o linbi.l.ity and. proporty damage, the following insuranoot' (a) Contingont'Li.ability. (b) Mhotin~, prior to 'any blasting boi.ng 'done. (c) ` 11 6 of uui.ld.i.ngs or strtrr.turos nd jacont to' oxoavation ftf exanvaLion;~ aro to be perlormbd'ntliAcontto r7rlme), (d) pnma?o Lo undCrrround utilitiono (p) `nuildovs~ rink (whore above-ftrotrrrd etrtt'eturos urr± i.nvo'tved}. 3.17)1 AtJ'COr-ihJJl' l; 1, ailltANC1; - 1JO177rY ~Pi~1~1j Alb !'t~OPh _~AtlAQ The CON- RAG'TOtZ shall nrocurcandrnaini.sin tiirrinr f, t io l i fo of thi,t Contract, Automohl.Ir, lnsuranca in an amount not. 'Inns than .7. ,,000 for in;jurirrs, 'incIw inf, arcidontal (1011th, i;o any ono porsorr t)nd nribjoct to 'the 5amo i.imit ray.ottch per- son, tin (1mount, not, 1owr than 50,onr) on a(jcol.lnt of one addidont,' txnd 'a!iLomobi'I_r, propp,rLy oamupo insurance in an arnowiL not lor,s than 50000. 3,175 SCOPi '011 1 I1141 11AMC NTJ SPE;CTAL HA2lRI). Tho ' lntiurance voquired under t,ho aixive p,,agraphs' shall. pr-ovi:de ndenuato protection for the CON''RAM R and hi,4 sub-cont.1,60tore, roopectivoty, ng<xinst'damaro claims which may arias from operations undnr this eontrtt6t, 'i,rhothor nuch operat ort^ bo by the insured or by any ono diroclTy or indiroctfy omployed by hi.mo lnnuranGd nl.so shall be provided at;<ai.nst spocia1. haiards, if any, ns ,any txo sot forth .in the ,Special Conditi.ont; or Spoctal. Peoviaiont;, oi, ol.sewhore in theso Contraot Dddumnnts. 3.1m PBROQ11l 0~C 1 tt- fir' 1- U►tA ti;. Tho CONTRACTOR shall fui nish tho OWNI'.R W.Uh stitisraetory proof of oovoral!a by insurance required in those Contract Documont:t iii amounts and by cavri.or§ satisfactory to the OWUR. Proof of cnrriat*o of insuranoe by subwcoritrao'tors shall a'iro be furnishod ,'-1.-60 1.6 4, PROSECUTION AND PROGRESS 14.01 TIME AND ORDER OI' MMPL 'PrMj. It is the meaning, and intent of this oontraot, unless otherwise herein specifically prcv.ldod, that the CONTRACTOR shall be allowea to proseaute his work at such times and seasons, in such order of precedence, and in such manner am shall be most conducive to econ- omy of construationj provided, however, that the order and the time of prosecution shall be stioh that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and speoi fications, and within th.; time of completion deoignated in the ProI,pro- vided, also, that when the OWNER is having other work done, either by contract or by his own force, the ENGINEER may direct the time and manner of oonstruo- ting the work done under this contract, so that conflict will be avoided and the construction of the various works being done for the OWNER shall be har- monizeds The CONTRACTOR shall submit, at such times es may reasondbly be re-, quested by the ENOINEER, schedules which shall show the order in which the CONTRACTOR proposes to carry, on the work, with dates at which the CONTRACTOR will, start the. several :parts of the work, and estimated dates of completion of the 'several parts. 44 x M&_0N Oh should the CONTRACTOR be delayed in the completion of the work by any act or neglect of the OWNER or ENUxftJt, or, of any employ one of either, or by other nontraotors employed by the OWNER, or, by changes ordered in the work, or by otrikes, lookouts, fires, and unusual, delays by common carriers$ or unavoidable cause or oattses beyond the CONTRACTOR'S control, or by any cause whioh the ENOINECR shall decide justifies the delay, then an extension of time shall. ba allowed for completing the work, suffi- oient to compensate for the delay, the amount of the extension to be deter- mined by the ENC'NEER; provided, however, that the CONTRACTOR shall give the ENGINEER prompt notice in writing, or the cause of such delays 14.09. {TNDIZANCES AMn MIT A V I No claims shall be mado by the CONTRACTOR for damages resulting from hindrances or dela s from any cause (except where the work is stopped by order of the OWNER) during the progress of any;por- tion of the work embraced in thin contracts In case said work shall be stopped 'by the act of the OWNER+ then such expense as in the judgment of the ENGINEER is caused; by such stoppage of said work shall be paid by the OWNER to the CONTRACTOR. IL 1.L..112VI T The CONTRACTOR agroou that time is of the ossenov of this contract, and that for each day of delay beyond Lieu number of days heroin agreed upon for the completion of the work herein specified and con- traated for (after duo allowance for such extension of time as is provided for under Extension of Time hereinabove), the OWNER may withhold permanently from the CONT'RACTOR'S total componsati,on, the sum set forth in thy Spocial. Conditions or S e,oial Provisions (or as elsewhere set forth in these Con- tract Documents), as stipulated liquidated damages for such delay, 7-1,5-G0 17 1j, MI,ASUItIPMNNT AND I'AYMI,N'I' "ze9~ _~r!ill'f 'I' r ANA SAS U tEMI(i} No extra or Customary meamiremonta of any kind will be Al.lowod, but the actual measured and/or coMutod l,engi h, area, tiolid contents, numbor and weight only shall be oonrsiderod, un'.ono otherwise ,spoof ri.tic7.1y grrovidUd, 5,,(I.2,,,,, of iT1MbTED qllAN'!r'P1a. This agreement, including the npoei.fioations, plane and entimato, in intendad to show clearly all work to be done and materi- al. to be furnished honeundere Where the estimated 'quanti.ti.en are shown for the various elatinos of 'work to be dono and material to be furnished under this contract, they are approximate and arc to be used only no a lxinie for estimat• ing tho pi~obable'coi.L of the work and for comparing, the proponal.s offered for the work, Tt 18 understood and apr•oed that tho notual amount of work to be- dono and material to bo furnished undor Lh n oontrnot may differ somewhat from thenn estimates, and Lhat where the baits for payment under this contract is the unit pri.oe method{, paymcnL shall ixs for tho actual amount of such work done and the material furnished, Where payment is based on the unit prioo method, the CONTRACTOR agrees' that lie will make ho olaim for damAges, anticipated prs)fi.,q or otherwise on account of any differences which may be found between the quantitieis of work actually donut the material actually furnished under this contract and the E16tim,,rted ttuantitics contemplated and contained 1n the proposal; provided, however, that in 'case the actual. quantity of any item should become as muoh an 25%i more than, or 25% Ions than tho ostimrited or contemplated quantity for such i.tomh, then either party to this Agreement, upon demandf ehal,l be entitled to a roviijbd oonsidoration upon tho portion of the work above or below 25% of the ohtimatod gtiantiLy, Any revised consideratioii into bo detonnined by agreement between the part e1,0 othotnrise by Us torma of this Agreement, an provi.dod under 9,xtra Work e 5e4:i 1 1''' OP W- K, In oorioidr,ration of the furnishing of all the n6canosir'y labor, equipmont and mAtorial., and the completion of all work by the CONTRAC'I'OIt, and on the 'completion of All. 'Work and! of ' Lhe delivery of all material embraoed in this oohtrabt in full: confomi.ty with the specifications aim nt1pulations s erein' oontAinod, tho OWNER agrees to pay the CONTRAMIt the pri.cuh net forth in the proposal hereto Attachdd, which ham been trade a part of thie eontraot, The CONTRACTOR hereby agrees to roceA.ve such pricos in Cull. for Punishing 0.11 material and al.l labor roquired for tho aforosaid work, also for all axpenso incurrod by hi.m, 'Ahd for tMIA and truly f,erPormi.ng the wind and tho wholo thoreol' in 'the mAnnor and aet!criirlp to thin AgrchmbnL, Lhe at'Laahed apecifi•- caLi:ons And rbquirnmonLS of this t,Nf~.TNf;xJlt, e0t~ 1 E'_ A179;,7'Ak„ On or brl.'oro Lho 10th r)a,y of oaoh month the ENGINEER shall, tir pav(a a ntatorrrent showing An obmpletcily at, praotioixbl.o the total value of the work done by the CONTRACTOR ttp'to And i.nolndfng this last day of the prooodi.nt!'moritht field ntatti.Wmt Ahtsll. Also lnolid,6 Lhc value of all sound' materials dol.i.vered on the O to of tho work thaL are to Im f'abrlcatod into the wont. 7-15-Go lei The OWNER ,hall. then pay the CONTRACTOR th on or trnforo the 15th day of e current month Win total I rlount of the gNOlNf;(s'R'S r,tntament, less 10 porcont Of the amount theroof, r•rhich l0 porcent shall he rotainod until final payment, and further Ions all previous payments and all. further sumo that may ixi retained by the OWNER under the terms Of this Agreement. It is understood, howrvor, that i.n case the whole work txi near to completion and soma unexpected and unusual. delay occurs due to no fault or neglect on the part of the. CONTRACTOR, the OWNER may - upon wri.tt3n recommendation of the ENGINEER gray a reasonabl.o and equitable portion of the retained percentage to the CONTRAC'PORI or the CONTRACTORrat the OWNER'S option, may be relieved of the obligation to fully complete the work arid, thereupon, the CONTRACTOR shall receive payment of the balance due him under the contract subject only to the conditions stated under "mina]. Payment". 51 (1 e)- USE , COMPLETED PORTIONS, The OWNER shall have the right to take possession of and use Any 'completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such por-. tlon8 may not have expired but such taking possession acct use shall not be deemed an acceptance of any work not con;ploted'in accordance with the Contract Documents. If Ouch prior usg increases the cost; of or delays the work, the CONTRACTOR 'shall be entitled to such extra compensation, or extension of time, or both, as the ENGINEER may determine, P'1NAI, COMPLB'TFOpg AND' A rFp'pANCEWithin ten (10) days after #,he CONTRACTOR has given the ENGINEER written notice that the work has been oomplbted,,or substantially completed, the ENGINEER and the OWNER 'shall: inspect the work and within'naid time, if the work be found to be com= plated or substantially completed in accordance with the Contract Docu- moits, the ENGINEER shall. issue to the OWNER and the CONTRACTOR his Certificate of Completion, and thereupon it shall be the duty of the OWNER within ten (10) days to issuo a Certificate of Acceptance of the work to the CONTRACT01i. 07 I' ranl, iAY Upon the issuance of the Certificate of ComgloLion, the FsNG1NiJER 00.1 proceed to makv final measurements and prepare final statement of the value of all work pnrformcrd and mater talc furnished under the term: of the Agrrnmont and 31itill, certify same to tho OWNER, who shall pay to the CONTRACTOR on or afi,or the 3Oth day, and before the .151h day, after the data of the Certificate of Completiono the bal.a,fcn clue the CONTRACTOR under the tciinn of this Agreement, provided he has fully per- formed his contractual obligations under the terms of this contraetl and paid payment' shrill become due in any event upon said parlormance by the CONTRACTOR. Neither the Certificate of Acceptance nor the final payment, nor any provision in the Contract Documents, shall. relieve the CONTRACTOR of the obligation for fulfillment of any warranty which may be required i.n the Special 'Cond Lions of the Epeoifieations. 51083 PAYMgNm1 gry, The OWNER may, on aocoiir~, of subsequently dia- covered evidenoat withhold or nullify the whole or parE of any osrtifi•cate td sudh extent ae may be neoesnary to protect himself from l.oea on account oft 7-1.5-60 19 (a) Defective work not remedied. (b) Claims filed or reasonabl.o evidence indicating probable filing; of claims. (c) I'ai.l.urs of the CONTRACTOR to make payments properly to sub-contractors or for material. or labor. (d) Damafie to another contractor. When the above groun(h are removod,or the CONTRACTOR provides a saroty Bond satisfactory to the OWNI;M, which will protect the OWNER In the amount withheld, payment shall be made for amounts withheld because of them, x.09 ll , AY)!.D PAvM~Nr Should the OWNER fail to make, payment to the CON- TRACTOR of the sum named in any partial or final statement, when payment is due, or. should the ENOTNEER fail to issue any statement on or before the date' above provided, then the OWNER shall pay to the CONTRACTOR, in additiar, to. the sum shown as due by such statement, interest thereon at the rate of six percent per annum' unless otherwise specified, from date due as provi.ded.under "Partial Payments" and final Payments-, until, fully paid, which shall,; fully liquidate any injury to the CONTRACTOR growing out of such delay, In payment, but the right is expressly reserved to the CONTRACTOR in the event payments be not promptly made, as provided under "Partial Payments",at any time thereafter to treat the contract as abandoned by the OWNER and recover compensation, as provided under "Abandonment of Contract", unless such payments are withheld in accordance with the provisions of "Payments Wi,thhel,dii, G. EXTI A WORK AND CLAIMS 1.01 LT WORK, It is agreed that the CONTRACTOR shall, perform all Extra Work under the direction of the ENCINECIt when presented with a Written Work Order, signed by the TNOIN iR, subjnot, however, to the right of the CONTRACTOR to require a written confirmation of such Extra Work Ordor by the OWNER4 IL Js aloo agreed that the compensation to be paid the CONTRACTOR for porforming said Extra Work nha1.1 be deteridnod by one or more of the following mothod:31 Method (A) By agreed unit prier,; or Metliod (13) By agreed lump sum) or Method (C) - if noi,ther Method (A) nor Method (13) be agreed upon before the Extra, Work is commenced, then the CONTRAC'T'OR shall be paid the "actual. field cofWl of the work, plus fifteen (15) percent, In the event said Extra Work be performed and paid for under Method (C), then the ;provisions of this paragraph shall apply and the "actual field oost" is hereby defined to include the cost of al,l-workmen, such as .foramen, time keepers, mechanics and laborers, and materials, suppli.es# teams,;truokof and rentals on machinery and equipment, for the time actually employed or used on such Extra Work, plus actual, transportation charges necessarily incurred, tow gether with al.1 power, fuel., lubricants, water,and similar operating exponsss, 7-l.)-GO 20 also all necessary incidental oxpense:t i.ncurrod di."000.;y on Account of such Extra lvlol,k, including Social. Security, Old AI;e ]3.,neflts and other payroll taxos, and a ratoablo proportion of premiamu on Performance and Payment ponds, and I-4nintenanee' llonrls; and on Publi.o Iriahi.l.ity and Prop- erty Damage, and Wor'smon'n Compensation, and all othor Insurance as may be required by any law or ordi.nanco, or diroctod by the ENGINEER or OWNER, or by them agreed to. The FIJOINEElt may diroot the form in which accounts of the "actual field cost" shall be kopt and the records of there accounts shall be marle avid.l.able to the RMINEEIt. The ENGINEER may also specify in writing;, before the work commencers, the method of doing the work and Min type and kind of machinery and oquipment to be used; otheinilno these mattors shah]. be determined by the CONTRACTOR. Unless otherwise agrood upon, the prices for the Una of maeliinory and equipment shall be dctermined by using 1.00 porcont, unless otherwise specified, of the late,t schodule of Equipment Ownornhi.p Expense adopted by the Associated Oonoral. Contractors of America, 4ntere practicable the terms bbd prices for the use of machinery and equipment shall be incor- porated in the Written Extra Work Order. The fifteen (15%) percent of the "r.".ctua:l field oost" to be patd tho CONTRACTOR shall cover and comma pensato him for his profit, overliond, ganoral, superintendence and field office oxponse, and all. other el.amonts of cost and expense not embraced vrtthin the "actual field cost" no heroin defined, save that whore the CONTRACTOR'S Camp or Field Office tnust be maintai.nod primarily on account of such Extra Work; then ,ho cost to mai.ntaln and operate tho same shall be incl adod in the "ac-buil..f rr'ld cost", No claim for 11%xt;ra 41ork of any kind ui. i :l. be allowed unless ordered in writ?nCr by the ENOl'NIs`I;R, fn enoe tiny orders or instructions, ei_thor = oral. or written, appear to the CONTIiACPOR to invol.vo Extra Work for which he ;should receivo compensation or art adjustt,iont i.n the Construe- tion time,, he shall make written rotluestto the ENGINEI,,R for written ardor authorizing such r~xtra Work, Should a difforenrr, of opinion ,irise as to what doors, or dooq not pongL-Wito Mxtra Works or an to the payment thero.for, and tlo ENtI'CNIOM in,ists upon its porfornanco, the' CONTRACTOR shall, proceed with the work aftn,r tizlci.ng ug4tten rogirent for written order and shall. keep an acouratr acoo(tnt of the,, "actual fiol.d cont," thereof, an providod under Mothod (C). The MfITRACTOR WIT thornb>y pronorve the right to sulnnit the matter of payment to arbitrat:i.on, r(s hor,10ribol.ow provided. 6,U, TJ1j4, 0 ,':l"LING CLA:tt_f;. 1:t is further agrood by bath partios horato that all quostims of disputo or ad,yu;itmont presented by the CONTRACTOR shall. be in writing and filed with the l NOINEMR within thirty (30) (lays after the ENU.1.NFl102 has gi.ven nny diroetionn, order or Instruction to which the CONTRACTOR domire, to take, exceptions 'ilia ENGINEER shall, within a reasonable 't,imo reply to such written oxcoption, by the CON- TRACTOR ants rondor his final.dooision in 'writing, In caso the CONTRACTOR shota(i appeal from -the ENGTNi 103 deoi.siono any detrurnd for arbitration shall be '.filed with the RNOINEER and the OWNER i.n weiti.ng within ten (10) days after the bate of delivery `to CON'T'RACTOR of the ENOIN1003 final, doci.s.i.on. It'i.s further agreed that Mal'Acceptartae'of'the work by the OWNER and the aeceptanve by the CONTRACTOR of the final, paymont shall be a bar to any claims by either party, except where noted othervriso in the Contract Uocumonts, 7-15-60 21 G.0'3 A3t13I'>'jt~1TI0f~. All questions of dispute under this Agroomant shall be sub- mittoci to arbitration at the request of either party to the (U npute. The pnrtias may agree upon one arbiter; otherwise, there shall. bo throo, one named in writing by each party, and the third chosen by the two arbi l,ors so cel.ectod; or I r the arbiters fail, to select a third within ton (10) days, ho shall. be chosen by a District Judge serving the County in which Elie major portion of the pro,joat is located, unloss otherwisn spooi.fied. Should the party demanding arbitration .fail. to name an arbiter within ten (10) days of tho demand, his right to arbitrate shall lapse, and the docioion of the EMINEM2 shall be final and binding on him. Should the other party fail to choose an arbiter within ter 0.0) days, the L'NOINEFR shall appoint such arbiter, Shoiild either party iO uno or nogleat to ruppl,y the arbiitors with any papers or information demanded in writing, -the arbiters are ompowered by both parl,l.os to take ox pmts proceed- . ng,,. Tlie arbiters shall act with promptness. Tao decision of any two shall be binding on both parties to the contract, Tho decision of the arbiters upon any question submitted to arbitration under this contract shall be a condition precedent to any right of legal action. The decision of the arbiter or arbiters may be filed in court to carry it into effect. The arbiters, if they deem the oaso domands it, are authorized to award the party whose contention is sustained, such sums as they doom proper for the ti.moo expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damagesfbr any dolay occasionod thoroby. The arbiters shall fix their own compensation, unless otherwise provided by agreement, and shall assof3s the cost and charges of the arbitration upon either or both parties. The award of the arbiters must bo made in writing. 7, ADANDONUmIll OF CONTRACT 7.01 AilATiilO~Tf9,3J_3_Y CON'1'1tAC'IOIt. Tn raso the CONTRAC'T'OR should abandon and fai.l. or refuse to resume work within ton (10) days after written notification from the OWNER, or tho RMINS'ER, or if tho CONTRACTOR fn.ils to comply wi.t,h' the orders of the RJOINFE'RO whon such orders aro consistent with the Contract Duoinnonts, then, and in th..ct oaao, whr,rn r>erforrnancc and payment bonds exist, the Surety on tho bondfi rhal.l lx) notiCiod in wri_t~i.n; and directors to compl;oto the work, crud a copy of said not:i.cn sha_l_i, Ix, dcl.ivnred to the CONThACTOR, After receiving said not,i.co of abandonment, tho CON'T'RACTOR shall not remove from the inrk any rnachinoryp equipment, tools? materials, or t;upplies then on the ;job, but the same, tot! ,e1,11e1' raith any materials and equipment under contract for the work, may bo hold for une on the work by the OWNER or tho Surety on the performance and payment bond9,;or another contractor in com- pl.etion o( 'the work; and the CONTRAC'T'OR Shall not receive any rental or credit therefor (except when used in connection with Extra Work, where credit shall be 'allowed an provided for under Section 0, Mytra Work and Glaims), it being understood that the use of such, equipment and materials will ultimately re- duce the cost to complete the work and ix? reflected in the final settlement'. 7-1.5-GO 22 Where there is na performance bond provided or in case the ;iarety should fail to commence ,compliance with the notice For completion horain- before provided for, within ten (10) clays after service of such notion, then the OWNER may provide for completion of the work in either of the following elective manners: 7.011 The OWNER may thereupon employ such force of Mori and u3e such machinery, equipment, tools,, materials, and supplies as said OWNER may deem neoessary to complete the work and charge the expense of such labor, machinery,, equipment, tools, materials, and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out of such moneys as may be due, or that may thereafter at any time become due to the CONTRACTOR under and by virtuo of this Agreement. In case such expense is less than the sum which would have been paj$bta under this con- tract if the same had been completed by the CONTRACTOR, then said CON- TRACTOR shall receive the difference, l:n case such e'xpenna'As greater' than the sum which would have been payable under this oonlract if the same had been compi.eted by said CONTRACTOR, then the CONTRACTOR and/or his Surety shall pay the amount of such excess to the O4itfPM; or 7.012 The OWNER, under sealed bids, after five (5) dayA notice published one or more times in a newspaper having general circulat:lon in the county of the location of the work„ may let the contract for the completion of the work unai r substantially the same terms and condi.tiona which are pro- vided in this contract. Tn. case of any Increase in cost to the OWNER under the new contract as compared to what would have been the cost under this oontvact, ouch i_ncraaso shall be charged to the CONTRAC1011 and the Surety shall be and remain hound therefor, however, should the cost to complete any such new contraol, prove to be loan than whist would have been the cost to complete under this contract, the WNTRACTOR and/or his Surety hall be credited with the di:.fference. When the work shall have been sLtbstantial.ly completed the CONTRACTOR and his Surety shall be so notified and Certificates of Completion and Acceptance, an provided in Paragraph 5.06 hereinabove, shah. be innued. A complete itemized statoment of the contract amounts, cortificd to by the ENOINI.02M as being correct, shall then bo prepared an(l dol.i.vered' to the CONTRACTOR and his Surety, whnrnupon the CONTRACTOR and/or his Surety, or the OWNER as the cacn may he, ,ha Il• pay the balance due as refl.ec Led by said statement, within flft,e-,on (lr,) days after tho date of such Cortifioate of Completion, In the event the statement of accounts shows that the cost to com- plate the work to loss than that which would have been the cost to the OWNER had the work been completed by the CONTRACTOR under the terms of this eontracti or when the CONTRACTOR and/or his Surety shall pay the balance shown to be clue by them to the OWNER, then all machinery, oqui.p- ment, tools, materials, or supplies left on the site of the work shall be turned over to the CONTRACTOR and/or his Surety. -Should the cost to complete the work exceed the contract price, and the CONTRACTOR and/or his Surety fail. to pay the amount due the OWNER within the time desip,- hated hersinabove, and there remains any machinery, equipment, tools,, 7-15-60 23 materials, or supplies on the site of the work, notice thereof together with an itemized list of such equipmont and materials, shall be mailed to the CONTRACTOR and his Surety at the respective addresses designated in this con- tract; provided, however, that actual, writton notice given in any manner will satisfy this oonditi.on. After malling, or other giving of such notieef such property shall be held at the risk of the CONTRACTOR and hin Surety subject only to the duty of the OWNER to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the OWNER may 8611 such machinery, equipment, tools, materials, or supplies and apply the net sum derived from such Fale to the credit of the CONTRACTOR and hi,s Surety. Such sale may be made at either public or private sale, with or without notice, as the OWNER may elect. The OWNER shall release any machinery, equipment, toolaf materials, or supplies, which remain on the work and belong to persons other than the CONTRAC- TOR or his Surety, to their proper owners. The books on all operations provided herein, shall be open to the CONTRACTOR and his Surety. 7.02 ADAnD,ON! rnrm ny nwNE ' R. In case ` the OWNER shall fail to comply with the terms of this contraotr, and should fail or refuse to comply with said terms" within ten (10) days after writton notification by the CONTRACTOR, then ths" CONTRACTOR may suspend or wholly abandon the work, and may remove therefrom: all machinery, tools and equipment, and all matori.als on the site of work tt,at have not been included In payments to the CONTRACTOR and have not been wrought into, the work. And thereupon$ the BNOINEM shall make an ustli.mato of the total. amount earned by the CONTRACTOR, which estimate shall include the value of all work actually completed by said CONTRACTOR (at the prices stated in the attached proposal where unit pricos are used), the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the torms of this contract, and a reason- able sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole work to completion and which cannot be util.im d. The ENGINEER shall then make a final statement of the balance duo the CONTRACTOR by deducting from the above estimate all. previous payments by the OWNER, and all other sums that may be retained by the OMA under the terms of this Agreement, and shall. certify same to the OWNER,' who shall pay to the CONTRACTOR, on or before thirty (.10) days after the date of the notification by the CONTRACTOR the balance shown by said final statement as due the CONTRACTOR under tho terms of this Agreement. 7-15-GO 24 MM NOo_AL_-_UVLR_0_9MU2,EHENTS A. Qp nr4lt The specifications contain detail instructions and descrip- tions covering the major items of materials, construction and workmanship necessary for building and completing the various units or elements of the project. The specifications are intended to be so written that only first class materials, workmanship and finish of the best grade and quality will result, The fact that 'these specifications may fail to be so complete as to cover all details will not relieve the Contractor of full responsibility for providing a completed project of high quality, first class finish and appearance and ratisfaotory for operation, all within the apparent intent of the plans and specifications, Bo These specifications are intended to be no written that only materials of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing mater- ials of high quality, The specifications for materials set out the minimum standard of quality which the Owner believes necessary to produce a satis- factory project. No substitutions wilrl be permitted unless the Contractor has received written permission of the Engineer to make a substitution for the material which has been specified. Where the term "Or Equal" or "Or Approved Equal" is used, it is understood that if a material, product or piece of equipment bearing the name no used is furnished, it will be approvable as the particular trade- name was used for the purpose of establishing a standard of quality accopt- able to the Owner. If a product of any other name is proposed for use, the Engineer's approval thereof must be obtained befove the proposed sub- stitute is procured by the Contractor, Wherever the term "Or Equal." is used, it is understood to mean "Or Approved Equal". The manufacturer of each item of ma',-rial and/or equipment shall furnish the Owner with a eworn statement that all material furnished by him under this contract complies with those specifications and all appli- cable A.S.T.M., A.W.W,Aa, A.S.A., and Federal Specifications as not forth herein. C. M factLlr r! cualific ~n@,: All material and equipment furnished under this Contract shall be the product of manufacturers who are known to be skilled and who have boon regularly enpgod for a period of five years or more in the manufacture of each specific type of equipment, or its counterpart. D, Mann gf_,L9 J,9D,: No change in tho alignment i. contemplated, How- ever, should a change be necessary due to difficulty in right-of-way, or other reasons, the Ovmer restbrves tho right to make such change. Unless 101-1 it can be clearly shown that such chn.nge works an undue hardship on the Contractor, no extra compensation will be allowed the Contractor, except as provided by unit prices applicable to such changes. E LatL~An&L'~aULJgls Not_ Anprovedt The Contractor shall remove from the site any materials found to be damaged and any materials not meeting; the specifications shall be taken off the site, These materials shall be removed promptly, unless the Engineer will accept the materials after re- pairing. Materials found to be damaged, or not, acceptable to the Engineer, shall be removed if installed and then found to be damaged or not accept- able, Inspection before installation shall not relieve the Contractor from any responsibility to furnish good quality materials, Fs J .,f2rC2njttruoti2 t The Owner will furnish water for oonstruction at no cost to the Contraotor. Water will be available at points on the distribution system. The Contractor will be required to furnish such taps, connections, lay lines, eto., necessary to obtain the water at his expense. All connections shall be subject to the approval of the Owner. 0. )br,IW. DphJat These specifications contain detail instructions and descriptions covering; the major items of construction and workmanship necessary for building and completing; the various units or elements of the project, The specifications are intended to be so written that only first class workmanship and finish of the bon t grade and quality will result. The fact that these speoificatisris may fail to be so complete as to cover all details will not relieve the Contractor of full responsi- bility for providing a compl.e".ed project of high quality, first class finish and appearance, and satisfactory Per operation, all within the apparent intent of the plans and specifications. FI. 9;g~i L__aDa OMbb" t The Contractor shall do all. clearing and grubbing necessary for construction operations. All trees, branches, limbs and roots shall be removed and disposed of by the Contractor so as to leave the right-of-way in a neat and presentable condition. Clearing c,nd grubbing shall. be done so as not to injure or damage adjacent property, In disposing of brush, partioular care shall be taken no as to eliminate the possibility of starting a grass fire. 1, &uoga: bJhero it is necessary for the Contractor to out fences, such fences shall be protectod, repaired and replaced by the Contractor in a condition equal to, or better than, the original condition, Cuts in fences shall be made in a neat and workmanlike manner and the Contractor shall be responsible for prevention of lose of stock, or pets through gates, breaks or gape in fences due to construction operations. Prior to cutting fences, gates should be constructed, as shown on the Plans. J,a€~x_aa..'r~scotionr ~1)1,.aga} f Pr__oviei.y,~,t To protect persons 101-7. from injury and to avoid property damage, adequate barricades, construc- tion signs, torches, red lanterns, and guards as required shall be placed and maintained during the progress of the construction work and until it is safe for traffic to use the trenched roadway. Whenever required, vratch- men shall be provided to prevent accidents and no extra compensation will be allowed therefor, Rules and regulations of the local authorities respecting, safety provisions shall be observed. (2) r i .tea-1Qp3.~i Excavations for pipe laying operations shall be conducted in a manner to cause the least interruption to traffic. Where traffic must cross open trenches, the Contractor shall provide suitable bridges at street intersections and driveways. (3) ~,pw Qf_I~3C1,4. mod. _~I~~ilLttl: Provisions shall be made for the flow of storm and sanitary sewers, drains and s-rater courses encountered during the construction and the structures which may have been disturbed shall be satisfactorily restored upon completion of the work. (4) LLop_vrty pr tp~cLion: Trees, fences, signs, poles, guy wiros, and all o•I'her property shall be proteoteci unless thoir removal is author- ized: and any property damage shall be satisfactorily restored by the Contractor. The Contractor shall make adequate provision for the protection o1.' permanent paving, both concrete and asphalt, from damage by construction equipment. END OF ITEM 1013 r. hf 0 _102 - ~XCAV_ ~TT_ON,.~~~AGK_FTGL A.ayatiori 1. Genf 1+ 'The Contractor shall make such excavations as maybe required for the construction to line, grade and extent indicated on the plans for the gravity sewers, manholes, and incidentals thereto. Water encountered in excavations shall be attended to by the Contrac- tor who shall do all bailing, pumping and dewatering at his expense, so that foundations, halls, pipe lines, and all other structures may be con- struoted "in the dry". Earth from excavations shall be used to backfiil around structures as required. Earth from excavation not required for baokfill shall be termed "surplus earth" and shall be removed by the Contractor. The Contractor will be permitted to spread tho "surplus earth" along the route of the project, The earth shall be uniformly rounded over the trench for a width of twenty (201) rest. All rock larger than six (611) inches shall be removed from the site at the Contractor', expense. 2. cif 9ak9p Qf & YB 1S7l1= All excavation shall be "unolassified" and i.nvol.voe the removing of all materials necessary to permit the carrying on and comploting of the work. 'Che Contractor, prior to submitting a pro- posal, must matisfy himself as to the actual sub-surfaco conditions. No extra or separate payments for rock excavation will be made. Attention is called to the fact that the Owner has had several test holes drilled along the route of the project. The logs as determined by this testing are shown on the Plans, This toot hold data is furnished for information only and the Owner does not guarantee its accuracy, Excavation shall extend a sufficient distance from the walls and footings to allow for forms, installation of sorvic es, and for inspection except where concrete for walls and footings is author- ized or required to be deposited directly against excavated surfaces. Where the excavation is made below the elevations indicated on the drawings or directed by the Lngineor through the fault of the Contractor, the excava- tion shall be restored to the proper elevation with lean concrete or other solooted material, af, the expense of the Contractor. In ordor that the Yngs,iour may judge the adequacy of a proposed founda- tion, the Contractor, if roquested, shall make soundings to determine the character of the subgrado materials. The maximum depth of such soundings will not be required to exceed five (59 feet below the proposed footing grad9. It is the intent of this provision that soundings shall be made at the time the excavation in oach foundation is approximately complete. 102-1 The final elevation to which a foundation is to bo constructed shall be as sholom on the drawings or as raised or lowered by written order from the Engineer when such alterations are judged proper to satisfactorily comply with the design requirements for the structure. Mould it be found necessary to increase the depth of footings from thrt shown on the draw- ings, the necessary alterations in the details of the structure shall be accomplished in a manner as directed by the Engineer, who shall have the right to substitute revisad details if necessary. When a structure is to rest on an excavated surface other than rock, special care shall be taken not to disturb the bottom of the excavation, and removal of the last material required to reach foundation final grade shall not be performed until just before the footing is to be placed. 4. Bch Exea, yation (a)lt The Contractor shall provide before commencing any excavating, ample equipment and shoring material to insure that the work be carried on without interruption and in such manner as to prevent damage to existing installations. Blasting will be permitted only when specifically approved by the Engineer. Blasting will not be permitted in close proximity to existing structures or utilities which may be damaged from such operation or within 20 feet of sanitary sewers or water mains 6" in diameter or over, Blasting will be permitted only after proper precautions are taken for the protoo- tion of persons and property, Ilion blasting is authorized, the blast shall be covered with heavy timbers chained together, a rope mat or some other equally effective method, The amount of explosives in each charge and tho number of simultaneous discharges must be so limited that nu damage will be eauaod to existing utilities, structures, improvements or property of any kind. Not more than 50 pounds of dynam9.to shall be kept on the site of the work at any time. Tho exposed end of the pipes shall be covered with plank during each blast. Any damage caused by blasting shall. be repaired by the Contractor at his expense, The Contractor's method of prooodure relative to blasting shall conform to +.he state law and municipal ordinances. Excavations for pipe layinfi operations shall be conducted in a manner to cause the least interruption of traffic. Where traffic must cross open trenches, the Contractor shall provide suitable bridges at street inter- sections and driveways, The use of machinery must be so well regulated and careful. as to preclude possible danger or damage to existing strut- twos and/or utilities, Wherever necessary to determine the location and depth of existing pipes, valves or other underground structures, the Contractor, after an examination of available records, shall make all explorations and exoava_ tions for auoh purpose. 102-2 All excavated material shall be piled in such a manner that it will not endanger the work in progress and will avoid blocking sidewalks and driveways or obstructing traffic. Driveways must be immediately cleared to permit free ingress and egroes. Gutters and drainage channels shall be kept clear, or other means of securing proper drainage shall be pro- vided. (b)Yation; All trenches shall be excavated to the lines and grades shown on the plans or as directed by the Engineer, Excavation shall be carried to a depth below profile grade as neconsary to permit the installation of embedment material required for the pipe, The amount of open ditch shall be limited to 1500 feet except onion additional amounts are approved by the Frigineer, The sides of the excavation shall be out and maintained as nearly vertical as possible. The width of the trench excavation at the top of the pipe shall conform to the following maximum and minimum dimensionsi Nominal Width of Trench at 'fop of Pipe 4.9", _S~ithout Shee •in~ and Braoin maxim* 2l" 311 n" 2411 46° 5211 • 52 *If shooting and bracing is required, the maximum trench width may be increased by four (411) inches, Bell holes shall be excavated for pipe bells of a depth to provide a minimum of 411 of embedment material below the outside of the bell, Trenches shall be dawatered no that all pipe laying may be performed in the dry. All water removed from trenches shall be conducted to natural drainage ways, drains or storm sewers in such a manner as to prevent damage to property or the public, Pumps of ample capacity and in duplicate must be provided to insure that once an exenvatiun is made dry, the water will be kept down until that part of the str•uoturo under construction is com- plated, Whore neconsary to prevent caving or undue hazardous working condi- tions, trench walls shall be sheoLed and braced. Where shooting and bracing are used the trench width ghall be increased accordingly. Trench shooting shall remain in place t!ntil the pipe has been installed, and the earth backfi.ll completed to a depth of two feet over the top of the pipe. All shooting shall be removed unl.oso ordered by the Engineer to be left, in place, The entire foundation area in the bottom of all excavations shall be firm, stable materials and unless neoonsary, material shall not be dis- turbed below required grade, 41t,ere the character of the foundation material. 1023 is such that a proper foundation cannot be obtained at the elevation indi- cated by the plans, then when directed in writing by the Engineer, the Contractor Shall deepen the excavation to where a satisfactory foundation can be obtained. If the subgrade is soft, spongy, or disintegrated, the material shall be removed until a firm stable and uniform bearing is reached and the subgrade brought back to the required grade with material compacted in place or with granular or concrete embedment materials. If the uneatis- factory subgrade condition is due to the Contractor's failure to make a proper provision for adequate drainage of excavations, then the expense of replacing any unsatisfactory subgrade shall be borne by the Contractor, Hom9ver, if in the opinion of the Engineer the unsatisfactory subgrade con- dition is not the result of the failure of the Contractor to provide ade- quate drainage, bailing or pumping facilities, and the Engineer orders in writing that the Contractor make additional excavation and replace unsatis- factory subgrade material, then compensation will be made, o) I& g Structures and trtili+~a4I In the preparation of the plans, the Engineer has indicated the general location of certain under- ground utility lines which are known to the Engineer, It is probable that some main utility lines have not been shown and no attempt has been made to show service lines. Hence, it is not guaranteed that all utility lines or structures are shown on the plans. Prior to the start of construction the Contractor shall communicate with the proper representative of all the utility systems, included but not limited to, the water and sewer depart- ments, the gas company, electric oompany, telephone company and any other private utility companies and advise said representative of the route of the proposed construction in order to obtain the assistance of the utility in the location of and in the avoidance of conflicting utility lines, Whore excavation endatitrr,rs adjacent structures and utilities, the Contractor shall at his own expense carefully support and protect all -such structures and/or utilities co there will be no failure or settlement. Where it is necessary to move services, poles, guy wiros, pipe lines, or other obstructions, tho Contractor shall notify and cooperate with the utility owner. In case damage to an existing structure or utility occurs, whether failure or settlement, the Contractor shall reatoro the structure or utility to its original condition and position without compensation from the Owner. For all utility linos or structures shown on the plane, except as specifically indicated Lo be moved by others, all costs of temporarily or permanently relocating the rtilitios shall be 1,040 by the Contractor without extra compensation from the Owner. Where not shown on the plans, for underground uti.lit.y lines which cross the location of the proposed main and for which the angle of inter- oept with the new line is thirty (300) degrees or grrtateir, all costs of temporarily or permanently relocating such utility linen steak be borne by the Contractor the same as if the lines had been shown on the plans, Where inoorroetly shown or not shown on the plane for underground utility 102-4 I lines which parallel the proposed conduit within the normal limits of trench excavation (not to exceed three (3') feet outside of pipe) or which cross the new line at an angle of intercept of less than thirty (301) degrees, 811011 utility lines shall be relocated by the Contractor at the Contractor's expense as directed by the Engineer, or if feasible, a relocation of the route of the conduit may be made by the Engineer. 7f, in the opinion of the Engineer, concrete baokfi'll is necessary for the support of utility lines crossing trenohes, the Engineer may direct 1500 lbs. concrete backfill to be used. Payment will be made to the Con- traotor at the unit price bid for the installation of such quantity of the concrete baokfill as directed by the Engineer. Wherever water service connections are crossed and the excavation is being done by using maohinery, service lines are to be removed immediately ahead of the excavation and reset immediately after the excavating machine has passed the servioe, in order to give the least interruption possible of water service to the customer. It shall be the Contractor's responsi- bility to notify each customer amply ahead of the time of the disconnecting of his service. The Contractor shall provide ample support for the ser- vices across the open ditch. Where the trench is excavated by hand, services Aru not to be dis- connooted; however, ample support shall b provided for the services across the open ditch. After the completion of the backfilling, servic on are to be rein- stalled in a workmanlike manner providing a firm support which will not settle and to the satisfaction of the Engineer. p. ~fil 1, 9kfi11 1or~ Bt uAMj After completion of foundation footings and %mlle and other construction below the elevations of the final grades, all forms shall be removed and the excavation cleaned of any trash, debris, or other objectionable matter prior to baokfilling. Material shall be placed in layers approximately 9 inches in depth, properly moistened to Approximate optimum requirements, and each layer compacted by hand, machine tampers, or other suitable equipment to a density to prevent excessive settlement or shrinkage, Where pipes, walks, or other construction is to be placed on or in the backfilled material, the baokfilling shall be done in a thorough manner to preclude after-settlement. Haokfi,lling shall be brought to a suitable elevation above natural ground or grade to provide for any anticipated settlement ra-A shrinkage of the backfill. The Con- tractor shall use caution in pi the baokfill around structures to prevent any dPmage to these struot. res. Contractor shall secure the approval of the Engineer prior to placing backfill around any of the structures. 102-5 2. ekf '.1 S r S,s After the pipe has been laid with the specified embedment material in place and the Engineer's approval obtained as otherwise specified, the trench shall be backfilled with select material free from rock, to a level of twelve (1210) inches above the top of the pipe. This baokfill material shall be placed in layers not exceeding six (69 inches in thickness and tamped on both sides of the pipe for the full width of the trench, 'Damping shall be thoroughly done on each side of the pipo and under thb pipe to secure firm contact between baokfill material and the outside pipe surface and the backfilling with hand or pneumatic tamping shall be continued until the pipe has been completely blinded to a height of twelve (12") inches above the top of the pips, the compaction of the baokfill material to be such that the material has the same density as the undis- turbed earth in the sides of the trench. No rook shall be placed in the baokfill around the pipe or for twelve (1211) inches above the pipe. Above the pipe zone where the select material is placed and tamped, baokfill material may be shoveled or pushed into the ditch by hand or machine completely filling the trench. Rook six (6") inches and larger shall be exoluded from the backfill, Where rocks and/or boulders of suoh size occur in the spoil, bank, non-selective backfilling with bull- dozers or other mechanical equipment will not, be permittod, In city stros is or country roads that do not have permanent or semi- permanent surfacing (concrete, asphalt, etc.) earth baokfill shall be compacted by jetting or ponding, flackfill mntorial shall be placed in lifts not to exceed three (39 feet in depth avd shall be jetted to obtain maximum possible settlement. Where water for ;letting is not available, compaction may be obtained by depositing baokfill material in water or ponds, Ponds not exceeding four (4+) feet in depth shall be created in the trench by means of earth cross-dams and the baokfill material cast into the center of the ponds in a manner satisfactory to the Engineer, Although water for ,jetting and other baokfilling will be furnished by the City without expense to the Contraotor, the Contractor shall at his own expense transport the water from the points of delivery by the City, rho Contractor shall be responsible for "floated" pipe, In open country, the surplus earth from trench excavation shall be mounded over the top of the trench to a height not to exceed one (10) foot above natural ground, and neatly smoothed. In developed areas, city streets, county roads, or other areas where the excess earth would form an obstruotion or be objectionable, surplus earth shall be disposed of by the Contractor at his own expense and in a manner satisfaotory to the Engineer, Completed baokfill of trenohas shall at no time be more than 500 feet behind the pipe laying. 102-6 C ail puXjn o 1i s The Contractor shall at times m<intain the street surfaces on streets on whin b he is working or has worked, The maintenance required will include the filling; of holes, blading or otherwise smoothing of the street surfaces (particularl the trench area), oleaning and removal of surplus excavated material,rubbish, eto,, sprinkling of sheets worked on with water to abate dust nuisance and the elimination of interference or blocking of the street to ingress or egress of residents thereon, Any and all operations shall be performed upon instructionis by the Fngineer and the cost of all such maintenance shall he included In the unit prices bid for the various items of work, In the event the Contractor fails or refuses to properly maintain the streot surfaces of streets on whioh he is working or has worked, the City, after due notice to the Contractor's superintendent, will perform the necessary maintenance and all oasts to tho City will. be deducted from any monies due or to become due to the Contractor for work performed. Notice to the Contractor shall be given by the City's Engineer in charge of the work and shall be in writing and shall be delivered to the Contrzo - tor's superintendent. Except in emergency raabes where immediato action is required, the Contractor shall have tvienty-four (24) hours to comply with the inetructions of the Engineer and, failing to do no, the City will proceed with the work as set forth above, END OF ITPI 1.02-7 A, a t Concrete shall be composed of Portland cement, Fine aggre~ gate, coarse aggregate, and water properly proportioned and mixed as hereinafter specified, All structural concrete shall be 3000 psi quality. B, t r 1 t Portland cement shall conform to the speoifications and tests for Type I portland cement of the American Society for Testing Materials, Serial Designated C"150► Fine aggregate shall consist of natural, washed and screened sand having clean, hard, strong, durable, uncoated grains, The sand Shall be of such size that all shall pass a 3/8 inch sieve and at least 95% shall pass a 1/4 inch screen and at least 15% shall be retained on a No. 8 sieve. Aggregate shall noc contain strong alkali, or organic material which gives a color darker than the standard color when tested in accord- ance with ASTM Specification Designation C4. Coarse aggregate shall be evenly graded and shall consist of sound washed and sorsoned gravel, free of clay balls, or cloan, crushed stone, having r, lean, hard, strong;, durable, uncoated partio].es Fros from in- jurlous amounts of soft, .friable, thin, elongated, or laminated pieces, alkali, organic, or other deleterious matter, Coarse aggregate shall not have more than 5;P, finer than No, 4 sieve and the maximum size shall not exceed that hereinafter speoifiedl maximum size is defined as being the next larger screen than the one on which 15% is retained, Crushed stone shall be free from duet and balls of clay. Water for concrete shall be clean and free from oil, aoid, alkali, organic matter or other harmful impurities. Water which is suitable for drinking or for ordinary household use will be acceptable for concrrete# Where available, water shall be obtained from mains of a waterworks system. C' -P 4p4~ ~4 @ aid Cons;e on~ovI Concrete shall be proportioned to give the necessary workaty and strength and shall conform to the following governing requirementst Min, 28 Day Min. Cement Max. Size Max, Water Compressive Bage Per of Coarse dump e trd, Qa7.s.Per Lwhsia 3000 5.0 1-1/211 6 2500 500 1-1/2" /2" .75 4-•6 1500 4,o 1.112« 88400 34-6 Stabilized 240 ,00 .4 Baokfill 311 * 6.00 34 * May be "pit roan" aggregate. 103-1 The proportion of fine and coarse aggregate shall be such that, the roquirements of the following table are complied with, Maximian Size of Coarse Aggregate liatio of Coarse Aggregate to Fine Aggregat9 on Basis of Dry and Volumes ny~ 3/414 0.6 1" and Over l45 110 2.0 In no case shall tha amount of coarse material be such as to produce harshness in placing and honeyoombing in the structure when forms are removed. In the determination of the amount of wator rq uirod for mix, consider- ation shall tx, given to the moisture content of the aggrogate. The net amount of wator in the mix will be the amount added at the mixer= plus the free water in the aggregate; and minus the absorption of the aggregate, based on thirty {30) minutes absorption period. Ho water allowance will be made for evaporation after batohing. The methods of measure of materials shall be such that the proportions of water to cement oan be closely controlled during the progress of the work and easily checked at any time by the Engineer or his representativee, To avoid unnecessary or haphazard changes in consistency, the aggregates shall be obtained from a source which will insure uniform quality and grading during any single day's operation and they shall be delivered to the work and handled in such manner that the variations in moisture con- tent will not interfere with the steady production of concrete of reason- able degro of uniformity. All souroes of supply shall be approved by the Engineer. All materials shall be separately and accurately measured. Measure- howeverment madealby weight or by equipment forvmeasurementaofbmaterials shall ebeosubject Contractor; approval by the Engineer. The proportion of the mix shall be such as to produce concrete that can be paddled readily into the corners and angles of the forms and around the reinforcing without excessive spading, and without eel,;cation or undue acoumulation of water or laitance on the surfooe. Careful attention shall be given by the Contractor to the proper ouring of all concrete. D. jrj Ulf Reinforcing steel shall be billet steel, inter- mediate grade, deformed bars, conforming to MTN Specification A-15, or 103-2 shall be rail steel,, deformed bare conforming to ~~Tlq Specification A-16, All mill scale shall be removed before placing and bare shall be kept clean until concrete is placed. The steel shall bo placerj in the forms as shown on the plans and shall be maintained in place by wiring or by any other effeoti.vo moans approved by the Engineer, END Ole ITEM 103-3 r tTrI No. 1a± E4JIt^PZP1, A, 10DI IL: All pipe for sewers ahall be 01, beat quality vitrified clay aewor pipp as horeinafter spuoified. Attention is called to the fact that the Orme, leas issued a "Purchase Order" to Texas Vitrified Pipe Company for the 21" and 24" pipe to be used on this project, This "Purchase Order" will bo transfer►•ed to the Contractor who will ounduct all future business with the pipe oompany, Thia Contractor will order pipet shipping instructions, receive and inspect pipe, unload o give eta. Terms of the "Purchase Order" are shown in Contract rNo. for whiche► is made a part of these Contract Document ;z, This Contractor shall include the cost of the material furnished under -this "Purchase Order" in the Proposal for Contract No. 60-2, The unit prices are as followst 21" St ;,.card Strength Pipe 21" Extra Str )gth Pipe X4.21 per foot* 2411 Standard ;trength Pipe ! ' per foot* 24" Extra Strongth Pipe per foot* x•:49 49 per foot* *2t Discount if paid within 10 clays, Not 30 days. All pipe and fittings not inol,uded in the "Purohaae Order" shall 2x3 purchased by this Contractor diroctly from a supplier, Such n,aturial shall comply with thavo Specifications, B" .f,3 f.. v• V i, clay sewer pipe and fittings she l ho num -orpione one quality, Il vitrified lined and circles with standard toieran true to straight comply with the u, and shall in all respepts Specifications of the American 6ooiety of Testint Materials latest designation for Standard Strength Clay Pipe, C-13 or C-261, or Extra Strength Clay Sower Pipe, C-200 or C-2?8, except as modified herein. Pipe may be glazed or unglazed. All pipe and specials shall be of boat quality vitrifYed clay and shall be of the hub and spigot pattern. All pipe and specials nhall be sound and thoroughly burned throughout, smooth on the inai.de in,, free from blisters, lumps or flakes which are greater than one•-sixt2 (116) of the thickness of the pipe or ones-eighth (1/8) inoh, whichever is the least, The pipe shall be free from fire cracks of any kind extending through the shell, Tho pipe shall be well formed and straight. The pipe shall have a clear ring when tapped with a hanuner, 'Me bolls and spigots shall be true circles to facilitate ease in ,jointing. Barely meeting the requirements of these Spec ifioations will not be considered as acceptable, It in intended that them Specifications provide a minimum quality which will be acceptable and. the supplier will be expected to exceed these requirements. Attention is called to the fact that this pipe will be accepted by the Contractor at the tail gate of the hauling, 104 . truck. It will not be accepted nor considered for acceptance on the .loaded truck where careful inspection cannot be made, While the A3714 Specifica- tions permit the rejection of pipe having "fractures, or cracks passing through the barrel or socket, except that a single oran,c at the spigot and of the pipe not exceeding 75% of the depth of the socket or a single fracture in the socket not exceeding nor 2 inches lengthwise may be permitted",hit isonot the Intent ~ofethese Specifications to permit any appreciable quantity of p1pe meeting the herein desoribed fractures, The quantity of fractured pipe to be accepted for this project shall be at the discretion of the Owner. The Owner reserves the right to mark with appropriate marking pencil all pipe rejected due to failure to comply with these Specifications, The supplier will be expected to load and roturn this rejected pipe tc their stockyards immediately. Co a=s The olanses uhall be as shown in the proposal, on the draw- ings, or as :ipecified. The vitrified clay newer pipe shall. conform to ASTM Iusignation C-13 or C-261 for Standard Strength Clay Sewer Pipe and shall. conform to A6714 Designation C-200 or C-278 for Extra Strength Clay Pipe as s?soi£ied above, Bower pipe shall. bA inntall.ed in accordance with the following tablet Pipe Size C-13 or C-261 C-200 or C-278 azv dmen, 21 00-10' Trench 2411 01-101 Trench 101 & Over Trench LO & Over Trench END 01, ITEM 104-2 O.eQI&d31 IRONPIPE. A~J F~TTTN$ A I 1111_Spigot GA,pt Iron Pine, Cast iron pipe shall comply with ilederal Speoifioation WW-P-421a, 7'pe III (in mechanical ,joint) except the wall thickness and weight of barrel may be as described hereinafter. Pipe shall be designed for 150 psi working 5. feet cover, laying condition "D", strength pressure for five or 21115. It shall, comply with Federal Specification WW»P-421a ASA ASA-A-21,1 (Manual fo- Computation of Strength and Thickness offCast iIron Pipe), AWWA Specification C106, or ASA-A-21.80 as applicable, All pipe shall be listed as approved by the Underwriters' Laboratories, Inc. Do Dell an )iffat ELtjjp ai Cast iron bell and agot conform to the specifications of the American Water WoorksfAssoofation0l Designation 0100. Fittings shall bs Class "D". C' 1i S S g= All cast iron pipe and cast iron fittings shall have an inside cement mortar lining conforming with American Standards Association Specification for cement lining for oust iron pipe and fitt- ings (A21.4_7.953), or conforming with manufacturer's standard speoifica- Lion for seal-coated "Enameline" Lining, or shall conform with ABA 21.4 except for the thickness of the lining which shall LA one-half (1/2) thickness specified in ASA 21.49 Outside coating shall conform with American Standards Association, Proposed Speoifioat on for Coat-Tar-Dip Coating for Cast Iron Pipe and Fittings. (A21.5-1940). The outside coating of pipe to be buried underground shall conform with the standard practice of the manufacturer. END OF ITEM 105.1 L24 IL(L. LL =20 OR-DIX A. AX_uljr pj=D Where indicated on the Piano or authorised by the Diginoer, pipe shall be laid with an embedment of granular material. The tronoh shall bo excavated to a depth four (40) inches below the trade of the outside of the pipe and filled with granular mataria'l for pipe ombod- ment. Granular embedment material shall be crushed stono or gravel with a maximum size of 3/4% Granular embedment material shall comply with the specifications for oarpg A~cr%re ap pI. n rite as heroin elsewhere set forth, except that the amount of fine particle passing a No, 4 s'sve ohall not exceed 101%. After the pipe has been laid to grade and line and the Engineer's approval obtained, the embedment material shall be planed up each sidA of the pipe to the level indicated on the plans, and ahall be shovel tamped around and under the pipe in order that all void space may be filled. DO r~-1I7$~j Where shown on the plans or as directed by the Engineer, the pipe shall be laid with a concrete embedment or, encasement of 1500 pound concrete in accordance with the details shown on the plans. The concrete embedment or encasement shall be made monolithic by ' laying; the pipe to line and grade on a four (411) inch embedment of con- oreto, and before the embedment has taken a set, the remainder of the concrete shall be poured around.the pipe and worked into the concrete embedment to secure a monolithic ,joint, taking care not to disturb the alignment or grade of the pipe# If the Contractor so desires, the pipe may be laid to line and grade on precast concrete blocks approximately fouv (411) inches square and as long as the width of the trench and the ooncrete poured around the pipe leaving the supporting blocks in place. FND OF ITEM 106-1 717s'1].r TN3TAI,t:zNG CTnx SJ'ril I'1AI A. t in _C1_ay 1'irx~r Upnn the required embedment i, , laid to the lino tend ;rode shown nn the plans. flips Flhaalpnothvaryimore than one tenth foot from the true line nor more than two hundredths (:/100') foot from the theoretical grado. The t;nr;iirocr, jiil.l not, grade stokers ovary f'if'ty (509) l i no and feet and furnish the Contraotor with cui, figures. Tho Contractor shall furnish alid set all gra,dc boards, grade lines, plumb bobs and linos and measuring poles neee;rs within the tolcrraneo ary for laying pipe not to allowed, Grade, boards shti.l W not at intorvrila oxeeri fiftY (500) ,foot.. Prior to laying, the pipe i+hall be carefully inopecto+l for compliance with the spooifioations and pipe which is cracked or broken or that does not .fu7.ly comply with the spociticati.onn sha1.'t. ba ro,inotod and immediately removed from the site of the work by the Contractor, Pipe shall be laid with boll end upgrade and with spigot downgrade unless otherwise approved by the Eoiginoer. The embedment (if ordered by Lngincor) to rocclvo the pipe ;hall be Irlaeod to a tyrade slightly higher than that required for the grade of the pipe and the pipe brought to grado by tamping or tho removal of the alight excons ornbedrtent under, the pipe. Adjustment to grade and line shall be made by soraping away or filling with embedment material, and wedging up or blocking up of pipe will riot be permi.ttod. Paoli pipe section Oiall have a uniform bearing on the embedment for the full longth of the pipe. After thu pipe has boon placed and ,jointed, the embedment shall be brought to the full depth required. Such part of concrete embedment or encasement whore required that may be placed after the pipe is laid, shall be tamped to make a bond with the original concrete, care being exercised in tamping to prevent lifting the pipe our. of alignment or grade. After embedment is brought to full depth, the trench shall be baekfilled as necessary to hold the pipe firmly in position. Such backfi.lling to be done as herein spocified, Concrete emlxdaient shall have acquired its initial set before backfilling. B. 1~ij?e J_~__o_intst All joints for clay sewer pipe shall be made with a hot poured bituminous joint compound, completely filling the annular space between the inside of the `.yell and the outside of the spigot of the pipe ends. Joints shall ibe marls in accordance with the following provisionst (a) J introMater alt pipe joints shall be sealod with a bituminous joint oompound following ttie preparation of the joint base with yarning material so hereinafter specified. Jointing material shall be "Root«Soal" as manufactured by Gulf States Asphalt Company, or an approved equal, and shall comply with l:edera" Specification SS• S~-3,69, Tytn 111, Class I hot the pipe is) still atatrenoofside, thesinA doosurfacenof.tthepbelllandw the ©outside 107»1 surface of tho spigot shall be wiped until clean and dry, and then painted with an approved asphalt primer paint. Primer shall be is at least . Pipe four hours before the l i ie to be _1 ends shall be kept clean and dry until ,joints are made. (a) Makinl{ the Joints Joints shall be made in the following mannert A closely twisted hmp or oakum gasket of suitable diameter, in no case less than 9/4 inch, and in one piece of sufficient length to pass around the pipe and lap at the top, shall be solidly rammed into the annular space between the pipes with a suitable caulking tool. The yarning material shall be dry and free from oil, greasy substances, or tar. Thickness of yarning material shall be sufficient to hold the pipes securely in their proper relative positions and shall not fill more than one-fourth (1/4) of the annular space, After the jute is properly oaulkedt a suitable asbestos runner shall be placed and the compound shall be poured in so that it will. rnn around the pipe completely filling the annular spaoo, (d) Mai~ufraourertr~ intruotio s tw,Flowadt The jointing compound shall be on 'ad in a malt rig pot suitable for the use, and manipulated in accordance with the instructions of the manufacturer of the compound. C. Tn£iltration Tostes (a) Generals The sower lines shall be constructed to meet infiltra- tion tests as outlined herein. The maximum allowable infiltration shall be 1,000 gallons per day per mile per inch diameter of sower pipe, (b) Mth,,.o of Tessin 1 The Engineer will designate certain sections to be teatad for in tra on. The sections to be tested shall be in lengths not to exceed the distance between manholes, The Contractor may use oither of two methods for testing the sewers for infiltrations (1) baokfill may be installed to a safe distance above the top of pipe so that pipe will not float out of position and then tested for infiltration. When this method is used, suitable dame shall be installed at end of section to be tested and the trench flooded so that about four feet of water will be above the flow line of the pipe being tested.' (2,1 Backfill may be brought upward to the surface alongside and +-eat made between manholes. The Contractor shall flood and jet the back- fill no that, an average of four feet of water shall be kept above the floe, line of sewer pipe being t4jeted. The Contractor shall flood and jet the area .v be tested so that tho Engineer in satisfied with the saturation of the backfill, The tim required for testing shall be sufficient for the Engineer to satisfactorily measure the infiltrat.on. lo7-z E Meaa111'(1MOnt of infiltration shall. t)o mado by the 1180 of V-notch weir furnished by the Owner. The Contractor shall install the weir to the satisfaction of the Engineer, in the manhole downstream and adjacent to the section being tested. After test is male the Contractor shall remove the weir for use elsewhere. After the Engineer selects the section to be tested, the Contractor shell proceed with the preparation for touting. Tests for infiltration shall inolude about ten per cent of the pipe lengths; however, not less than one test shall be made on each ni.ze of pipe, For each test thnt fails, one test shall be added. (c) Failure to Meet T Filtration Tests Where the infiltration oxoeeda the maximum a, lowahle, t e Contractor shall make correction to the satial9nfion of the Engineer. (d) Payment for 1n£i_ ltration,i is The unit prices bid for sewer pipe complete in plac0 shall include all costs for infiltration tests. The Owner will furnish water for testing at the noarest fire hydrant, END OP ITEM }.07-3 ITEM NO. 14B - INSTALLING CAST IRON PIPE AND FITTINGS A. ,iIscriwtiont Cast iron pipe, fittings, specials and valves are to be installed at locations shown on the plans and specified in these Contract Documents. Unless otherwise indicated, the pipe shall be laid to the grade shown or to an even grade from point to point for which elovations are furnished, All of the requirements of the specifications under the section, "Exoavntion and Baekfill" govern for the excavation of trenches for laying cast iron pipe, fittings and specials, backfilling, oto. I3. P, Ipo I[anr ling) All, pipe, fittings and special. castings shall be lowered into trench by derrick, tripod, crane or other suitable machine and shall not be rolled in or dumped into the trench. Pipe and fittings shall bo handled in such a manner as not to damagov tit coating. Before lowering and while Fuspended, each piece of pipe shall, be rung with a light hammer to detect flaws, and any unsound pipe shall ba rejected, All dirt and trash that may be in the barrel of the pips, on the spigot a and/or in tha boll Hhnll be removed while the pipe is suspended, All ripe and fittings shall be handled and lowered into the t.renah with slings. The use of hooks for handling pipe and fittings will not be permitted. Where it becomes necaseary to deflect the pipe to avoid obstructions, the deflection of each joint must be approved by the Engineer. The pipe is tc",j kept clean during the laying operation and free of all sticks, dirt and trash, and at the close of each operating day the open end of the pipe is to be effectively sealed against the entrance of all objects and especially water. Unless otherwise specified or unless otherwise directed by the Engineer, the points for all bell and spigot cast iron pipe, fittings and specials shall be made, using lead and/or mechanical joint for jointing materials and/or "Tyton Joint" (or similar ,joint). C. Joint II alone - Maoianical Joint ~'i*+~t This typo pipe shall be jointed in full accordance with V% manufacturer°s recommendations and shall be done in a neat and workmanlike manner. Care shall be taken to prevent shearing the bolts. The jointing of the pipe shall be done as follows, unless >therwise directed by the Engineer. slipping After over the spigot spi,got a dZ the safter pigot shall be slipped into the bell. 108-1 (b) If requosted by the Engineer, a lubricant Shall be applieC to the Spigot to assist in assembly, (o) The gasket shall be carefully seated by hand so as to be oven in the boll at all Pointe, , (d) After drawing up the follower ring to uniform bearing again6t the gasket, the bolts are to be inserted and tightened by hand in pairs using bolts opposite each other, (e) The nuts are to be tightened amply to hold the required pressure. Extension wrenches, or pipes over wrench handles, will not be permitted, Ten (1.011) inch ratchet wrenches shall be used to tighten the nuts, unless other type wrenches are approved by the Engineer, The finished joint shall be neat and uniform and shall be water- tight, END OF ITEM 109.2 11'rhi No,.) - III014IAY CROSSING AND RAl22 CR05MI A. (leneralt Where tho work encroaches upon the right-of-way of the State control lei highways and/or Railroad properties, tho Ownor will secure the necessary oasemonts for the work, The Contractor shall observe all regulations and instructions of the Highway Department and/or the Railroad company as to the method of performing the work and take all precautions for safety of property and the public. All negotiations with the highway Department and/or the Railroad Company, except for the right-of-way proourement, shall be oarrind on by the Contractor not, lose than 5 days prior to the time of his intentions to begin work on that portion of the project which is related to the highway properties. All work to be performed within the limits of the right-of-way of the Highway Dopartmen' and the Railroad company shall be in full accordance with the requirements of the Department and company, and all precautionary and safety regulations shall. be strictly observed. 13, Mato rialst Cast iron pipe shall be used as the carrier pipe for the crobsings as shown on the plans. The oast iron pipe shall conform to the requirements specified elsewhere in these specifications and shall. be mechanical joint type. The casing for the highway crossing shall be forty-eight inch 018") galvanized corrugated liner plate and the casing Vor the railroad crossing shall be forty-two inch (4211) galvanized corrugated pipe. I,inor plate and pipe shall be as manufactured by Armco Drainage and Metal Products Company, Inc, or an approved equal; shall comply with the AASHO Designation M-361 and shall be of a minimum 12-gauge material. The liner plates shall consist of plates 18 i.lohcs wido, each circumferential ring being composed of the number and length plates shown on plans. All plates shall be punched for bolting on both longi- tudinal and circumferential seams and shall be so fabricated as to permit complete erection from the inside of the .tunnel, The longitudinal seam shall be of the lap type with offset equal to gauge of metal for full width of plate including flanges and have staggered bolt oonstruotion, so fabricated as to allow the oross section of the plate to be continuous through the seam. All plates shall be of uniform fabrication and shall be interchangeable. The material used for these plates shall be now and unused and suitable for the purpose intended, C, Construotiont 1, Liner Platot The highway crossing is to be made by excavating a tunnel and instal ing the liner plate as the tunnel. is excavated. The tunnel diameter shall be not greater than two inches (211) larger than the O,D, oP the tunnel liner, The contractor will not be permitted to encroach within tho limits of the tunnel section with open cuts, as shown on the plans. Careful attention shall be given to the installing of the 109.1 tunnel liner on proper grade. Only enough tunnel nhall be oxcavatod ahead of the installed liner plate to facilitate the installation of one circumferential ring of plates. 7. Core aced Pi o, The railroad cross-ing is to be made by eking the oorrugatod pier, caning under the railroad at the grade shown on the plane, and excavating the tunnel ahead of the casing as it is being; ,jacked. The tunnel diameter through which the pipo is jacked shall not be groatur than two inchas (211) larger than tho O.D, of the 42" pipe, All joints of the corrugated pipe casing shall be joined with corrugated lap straps. 3. Co.'d.o_ Piro i Cast iron mechanical ,joins: pipe shall be used for the carrier pipe. The east iron pipe shall be pushed through the casing in suoh a manner to insure watertight ,joints. Attention is called to tho fact that a channel runner shall be installed in the casing, an shuwn on the plans. The baokfill of the trenches and other excavations within the limits of the right-of-way shall be wetted and compacted into place, The baokfi.ll shall be placed in layers of approximately six (611) inches, wetted and compacted, END OF 171EM log-.2 17"M N0. 110 - MA N110I IS A. Manholesi r.ianholes shall be constructed at locations indicated on the plans, or Ae otherwise directed by the Engineer, Development of areas through which the sewer passes may diotate changes in location or ).norease the number of manholes required. Manholes shall be constructed to details shown on the plans with invert section to be of concrete and with upper, variable length section to be built of brick, Excavation for manholes shall be large enough for the outside plastering of the brick, Concrete for all manhole construction shall be 2500 pound concrete. Contractor otor Brick for furnished C32Grade MA#Brick and shall be hard burned sewer brink A shall be laid with full slush joints of portland cement mortar of one (1) part cement and throe (3) parts clean mortar sand. PA d joints shall be as near as possible of uniform thickness not exceeding three-eights (3/8`) inch and shall be substantially level, Brick shall be laid radially with vertical joints not over one-quarter (l/Io) inch wide on th9 inside, Joints shall be staggered and shall be completely filled with mortar, The entire outside surface of the manhole shall be plastered with one-half (1/2'x) inch of mortar. B. Manhole Covors and Steens3 ;Manhole covers and steps shall be of good grade gray oast iron and of design shown on the plane, The cast iron shall have a tensile strength of not less than 13,000 pounds per square inoh, All oastinge shall be kept olvAn and perfect without blow or sand holes or other defects of any kind, Castings shall be thoroughly cleaned and subject to careful Wilmer tests. Manhole rings and covers shall be machined sufficiently to prevent rattling under traffic. Manhole ring and oover shall be Trinity Valley iron and Stool Co,, Pattern No. 6'/2, or an approved equal. Where required by the Owner, stub-outs shall be made from the manholes for future connections at the elevation designated by the Engineer, with one joint of clay pipe which shall be set in the brick wall of the manhole and plugged at the outer end. Stub-out pipe will be furnished by the Contractor and shall be paid for at the unit price bid for pipe of that size and depth, END OF ITEM 110..1 I'fl M NO, 111 PR(?JLCT MATN111 N NCF CIE, UP N UAR NTEE A# Ceneralt During the prosecution of the work, the contractor shall maintain tho project Bite in orderly and acceptable manner. Upon coma pletion of any unit of work, it shall bo maintained by the Contractor until acceptance by the Owner, Upon the completion as a whole of any section of work covered by these contract documents and before final acceptance and final payment will be made, the Contractor shall clean and remove from the site of the project surplus and disoarded materials, temporary structures and debris of every kind; he shall leave the site of all work in a neat and orderly condition equal to that whioh originally existed, Surplus and waste materials removed from tho site of the work shall be disposed of at locations satisfactory to the Engineer. D. Guarantee: Tho Contraotor shall guarantee the work for a period of one 1 year after date of acceptance by the owner. During this period the Contractor shall make any repairs and/or replacements of defective materials, reworking due to poor workmanship, all as may be required for full compliance with these Specifioations, This guarantee shall apply to all matters reported by the Owner in writing within one year tl period and this guarantee shall be covered by the extension of the N rformanoe Bond as sot forth in the "Information and Speoian Instructions to Bidders". J AD OF ITEM 17.1-L ITEM 112 - FASTS OF PAYWNT A, Oonoralr The "Bid Price" for each and ovary item as set forth in tho prop`osa shall inol Mo the furnishing of all labor, tools, materials, machinery, appliances, plant and equipment appurtenant to and necessary for the construction and completion in a first class, workmanlike manner of All work as herein specified in strict accordance with these specifi- cations and accompanying plane. The "Bid t'rice" shall also include any and all kinds, amount or class of excavation, backfilling, pumping or drainage, sheeting, shoring and braving, disposal of any and all surplus materials, permanent protection of all overhead, surface or underground structures, removal and replacement of any poles, oonduits appurtenances and oonneotiuna, cleaning lip., overhead expense) bboondinpublic andliabilitytieand s, c riskn dui to the elemmeente, damage and g profits, uurnlesstotherwise specified. The bid price shall also include all other incidentals not spocifi- eally mentioned above that may be required to fully construct each and avert' item complete in place in accordance with the true intent and meaning of the specifications and accompanying plans, 80 -Cast !2n Pine] Pipe of each size will be measured from center of fitting to center`of fitting or end of pipe without any deduction for the length of intermediate fittings, speoials or valves, Payment will be made at the price bid par foot of pipe for the various classes, This bid price shall inolude furnishing, hauling and laying of pipe, sheathing, shoring and pumping whore necessary) trench excavation, and backfilling, protecting or replacing; existing structures or utilities, testing, disposal of surplus materials, cleaning up and maintenance and any inci. dental work not otherwise these strict accordance with the specifications, drawings cand/or iinstructions of the Engineer, C, Iur iahin itrif ed C1a Se er Pi t Payment for the furnishing of 21" and 2 " vitr find sewer pipe will be made at the unit price bid, which unit price shall be the some as in the "Purchase Order", The Owner will not make any deduction for the 2% discount, Any additional cost of unloading and handling the pipe should be included in the unit price bid for installing pipe, Measurement of pipe will be from and of pipe to end of pipe or manhole without deductions for speciale, The cost of furnishing pipe and fittings not included in the "Purchase Order" shall be included in the bid prices for that special construction (such as Deep Cut Connection), tr t 1n lin So er Pipet Vitrified clay sower pipe laid by the Cori- actor of each sire w 11 be measured from center of manhole to cantcr of manhole or to the end of the pipe, Depth of out for payment will be measured from the surface of the natural gro d over the centerline of the pipe to the pipe invert, to the nearest 1/10 foot, Payment will be 112-1 made at the bid price per foot for the furnishing of the pipe Of the various sizes and strengths under a separate Item. Payment will be made at the price bid per linear foot for installing pipe of the various sizes at the depth measured as set worth in the proposal, which price shall include all costs of clearing, grubbing, tronohing, laying,, pipe, sheathing, shoring and pumping whore neooenary, protooting or replacing existing struotures or utilities, baolefilling, disposal of surplus m aterials, cleaning up and maintonanee, and any other incidental work not aocorParoeiwithrthedspecifIcaLioans© drawings aand/or instruction strict the Engineer. E, Cast Iron rittin,,s1 No separate payment will be made for cast iron f',ttings. 'I' he poet of this work shall be included in the unit price bid for pipe laying, F. Standard Manholes Manhole depths will be measured from the invort of the ].ewer pipe in the manhole, (or as indicated on the plane) to the top of the cast iron cover, and shall be measured to the nearest one- tenth (1/10) foot. Payment will be made at the price bid for each for standard manholes up to six (6) feet deep, Such price bid shall include all costs of excavation, backfill, concrete, brick, cast iron stops, frames and covers, and making stub-outs where required and all other work necessary to complete a manhole in accordance with the specifications. I.xtra depth ovor'6 foot will be paid under }another item. 0. xtra_Manhole D.~ont-tit The depth of manholes in excess of 6 feet (as spocified for standard manhole) will be paid for at the unit prdae bid for "Extra Depth for Manho.lo . Measurement of extra depth will be to the noarost one-tenth (1/10) of a foot. The unit price bits for this work shall include all coat of exoavation, backfill, concrete, brick, cast iron steps, oto., required to complete the manhole at this extra depth, H. Ni hwa Cross I and_ftailroad Crossinl>> Payment for crossings will be made at tie lump aum~ bid for each crossing, The bid price shall include all work, labor and materials within the limits shown on the Plan, except for cast iron pipe which will be paid for no a separate item, I, r;mbo mont And Ln ~somont9 Embedment material of gravel or concrete, as required, will be paid for on the basis of quantities por hundred linear feet as shown in the tabulation below. These quantities have been calculated on the minimum trench width permitted in the apeoifioatioos. No additional payment will be made for inorensed quantities used due to manholes or wider trench width. Payment will be made at the unit price bid per cubic yard for the respective embedment materials, which price shall include all costs of hauling and placing materials, disposing of excess oxoavation, and extra exoavation required below the pipe barrel for the plaoing of the materials. 112-2 SCHEME OF PAYMENT QUANTITIES FOR rWA8r1,2NT AND EMEEDMFNT Piro Pipe Minim= Trench Cunorota or Or.avol Concroto Encano- 'i'e O-=-n~- ti._ '4i. dt_r J,'mbodmont nor 140 U mentt,4r 100 Lit, 21" 25" 43" 11-87 C.Y. 21,55 C.Y. 2411 28?1 46;1 13 30 C.Y. 2$,29 C. Y. J. 'Testinn for Infiltrations No separate payment shnll be made for infiltrat~ its, T o cost of such testing nha17. bo included in the unit price bid for furnishing and installing the newer pipe, K< Rnck,,ya. tions No separate payment shall bo made top rook oxeavation as the exoavation is unclassified, The cost thereof ohnll be inolu:d in the bid prico for pipe in place, L. Qenora7 a w~faoinrts The replacement of gravel surfacing on gravelled stroota shall be inoluded in the unit price bid for pipe in place and no separate payment made thorefor. 14. Gonorete Piers and Marker Posts No ao7arate for concrete piers rs or marker : payniont shall be made for in the specifications, or mar posts which are shown on the plans or called Additional quantities of those items which may be callod for by the Engineer will be paid for at the unit price bid par C.Y, for 3000 psi conorote, N k'avemont Ro lacements This Contractor will be required to replace ail bane course and pavement damaged during construction. All materials and workmanship shall be equal to or bettor than the existing. No separate payment will be made for base course and for pavement replncoment, Cost for this work shall be included in tho price bid for laying p1,pe. 0. Pau ut or Service) Connections far Se erss Payment for deep out connections will made at the unit price bid, This bid price shall include extra strongth main line teo, conoreto cradle, 6" U.C. riser pipe and 1/8 bond, plug, Jointing material, otc,, all labor and such other items required for a complete inotbIlation. P, Compacted 13aekfills No separate payment shall be made for compacted baokfi7,1 required to fill ravines in the vioinity of station 121+00 and other ouch locations as directed by the Engi.noer, END OF ITEM 112.3 i.$0POSAL Donton, Texas N tober 25 1960 Mr, Homer J3, Bly City Manager Municipal Building Denton, Texas Dear Mr, Dlyt We the undersigned hereby propose to furnish all ].abort tools, equipment and materials neoessary for the manu£aoturo and dolivory of Vitrified Clay fewer Pipe for the State Sohool Outfall in aooordanoe with the attaohed Speoifiaa.. tions for the following prioeat to.witj item Estimated nit Extended Not p08ar..iUion of item us t t Pr Amount 11 Furnish and Deliver 2111 Vitrified Clay Sewer Pipet Standard Strength 10500 1„F. $ 30-.-1....__ 2, Furnish and Deliver 21" Vitrified Clay Sewer Pipe, Extra Strength 700 L,F, $ 4----2l $ zi9117000~ 30 Furnish and Deliver 24" Vitrified Clay Sewer Pipe, Standard Strength 5,300 L.F. $ l3 $ ? ,----.274.E 44 Furnish and Deliver 24" Vitrified Clay Sewer Pipe, Extra Strength 7,000 L,F, 'T'OTAL AMOUNT OF DID 70916 00 54 If required to store pipe on plant yard after Dooomber l5i 1960 at the Disoount-2% 10 days request of the City of Denton, an additional. ohargo as shown in the Net 34 days tabulation below will be made, 21" Vitrified Clay Pipe N~ Per linear ft. 24" Vitrified Clay Pipe per linear ft. 2 Ytem Estimated Unit Extendod No. Dedgriptioil or e i Amount 6, The pipe quoted herein will be f~ng'l,azRd, (salt glazed or unglazed), Delivery sohedulo (give time as dates) Item Dee4rintk,^rU Z.U 'Cpj'jnlete 21" Standard Strength Wipe Any. 17. 1961 Mar. 31,-1961 21" Extra Strength Pipe 19 tar. 16, 1961 2411 Standard Strength Pipe Feb. B. 1961. Mari. 1961 241, Extra: Strength Pipe Jan. 1961 Fob. 7, 1961, The undersigned hereby acknowledges that this pur&,ase order will be transferred to the Installation Contraotur (Contraot No, 60-2) by tho City. The undersigned hereby doolares that he has oarefully examined the Specifications and has familiarized himealf with all matter pertinent to the above bid, Respectfully submitted, TEXAS VITRIFIED PIPIT CO. by a/ non T. Koarby, Sales Mgr. P. 0, Box 117 Mineral Wells, Texas I?usinoe Address 3 FURNISHINO VITRIFIED CCLAYAPIPEOFOROSTATESCHOOL OUI'FALL DENTON, TEXAS October, 1960 SPECIFICATIONS 1 Scotic of Works Contract No, 60-1 ooinprises the furnishing of best quality vitrified sewer pipe for the States School. Outfall line, The installation of this pipe will be done by others under a separate Contract. The supplier under this Contract shall manufacture the pipe in strict accordance with these Specifications, transport to the project site, and deliver the pipe adjacent to the trench side, The Installation Contractor will assist in tla unloading and stringing of the pipe. The State School Outfall Line is located in tho southoastern part of the City commencing at the State School for the Mentally Retarded Children and traveling in a northeasterly direotion to the proposed, site of the new Sewage Treatment Plant. The approximate length of this line is 14,500 feet. The on to as shown on generaluantitiesloctoatibe purohaned under t this attached Contract drawing, are as follows~es and estimated 21" Standard Strength Vitrified Clay Sewer Pipe 1 e ,590 L,F, 21 Extra Strength Vitrified Cl p 24" Standard Strength Vitrified Cla Seer Pipe 5,300 700 L L.,FF, 24" Extra Strength Vitrified Clay Sewer Pi r Pipe 7,000 L,F, The above quantities are estimated and are subject to revision upon completion of final plans and specifioations and installation of the pipe, Payment will be made based upon final measurements, The City will issue a "Purchase Order" to the suooesdful bidder, Attention is called to the fact that the City of Denton will transfer this order to the sucoessh l bidder for contract No, 60-2 Construction of the State School Outfall Linn. The Installation Contractor will be responsible for receiving the pipe, assisting in unloading, accepting the pipe and snaking payment to the supplier. Upon the transfer of this order to the successful Contractor for Contract No, 60-2 the City will then relingaish any direot relations between themselves and tho supplier under Contract No. 60..1, This in no way relieves the supplier of any obligations specified or implied under the Con- traot Documents for Contract No, 60-1, 2 Time o Cam~,loticnf The City of Denton if; iiow in process of aaqui.ring right-of-way for the State School Outfall. It is anticipated that this right- of-way will be acquired by December 15, 1960. This supplier will not be permitted to deliver any pipe to the project site prior to December 15, 1960. After this date the supplier will be permitted to deliver all or part of the order depending upon his prnduotion schedule. The time for delivery shall be indicated by the Bidder in the proposal and will be considered as a firm commitment to the successful Bidder for Contract No, 60-2 At, we'.l as to the City of Denton. 4 , In the event the City of Denton has not acquired the right-of-way by December 15, 1960 and the supplier is required to store the material on the supplier's yard, then the supplier will be eligible for additional oompensa- tion as set forth in the pr,)posal, This compensation will be made at th;: unit price bid for the amounts of the various sizes of pipe stored on the supplier's yards at the request of the City of Denton, Should this pipe be stored at the option of the oupplier or the Contractor for Contract No. 60-2, no oompensation will be paid by the City of Denton, 3• Po_. int 21 DOlty y: The vitrified sewer pipe shall be delivered by truck to the trench site, The hauling truck shall be made available to the Inotalla- tion Contractor for stringing the pipe along the trench aide, The supplier shall be expected to deliver the various sizes and strengths of pipe at approximately the proper location for installation. The Installation Contractor will furnish sut'fi,oient manpower and equipment to unload and string the pipe, The supplier under Contract No. 60.1 will be required to furnish only t,ho truck driver, The Installation Contractor will be required to accept or reject the pipe at the tail gate of the supplier's tmtok, All pipe which has been rejected shall be returned immediately to the supplier. The Installation Contractor will provide reasonable access for the supplier': trucks and will. assist -the hauler in a reasonable manner. The .installation Contraotor will oonstruot all gates, bridges, etc.,requirod to permit truck travel of the right.of-way. The supplier will be expected to cooperate with the Installation Contraotor in order to insure an efficient and satisfactory overall operation, 4, B or t Bids ohall bo made on the blank form attached, and the complete Documents returned with the bid. Bids not so made will be oonsidered out of form, L p d Sgourity anri Nnnd : Bidders Bond, Performanoe Mond and Payment Bond 1 not be required for this Contract, 6. a e~ . of r of Contract No. 60-l o Insta1.laU2n r qn , c' 9j:t The City of Denton proposes to award a Contract for the Installation oi' the material furnished under this Contract by Deoember 19 1960, This installation Contract will be referred to ao Contract No. 60-29 Construction of the state school 0utfall Line. The agreement oonsummated by Contract No. 60-1 will be trans- ferred. wholely to the Installation Contraotor for Contract No, 60-2. All obligations incurred by the City under Convraot No, 60-1 will be transferred to the Contractor for Contract No. 60-2. 'NI.s Installation Contractor will ooordinato the ordoring of speuifio sizes and quantities, will designate points of delivery along the right-of-way, will receive or reject the material at the tail gate of the truck, will unload and string the pipe along the trench and will make payment to the supplier. No payment will be made directly by the City of Denton to the supplier and all these obligations will be assumed by the Installation Contractor under Contract No, 60..2, 5 t The transfer of the City of Denton's rights under Contract No. 60-1 will not in any wry relieve the supplier of his obligations. will have the same obligations to tiro Contraot The supplier or for Contract No. 60-2 as if it worse still an agreement with the City of Denton, ~J. alZU.:o£- r The City of Denton will provide right-of-way easements for the !'ull r19th the projects The boundaries for those easements will be 25 feet on each side of the center line of the sower main. The hauling Con.. tractor will be expected to keep a of this 50 foot easement, The Inst llalla oftihoienC actiontrviaottieosr wBrillithioon thenstructboundariese th nooesoary fonce gates, but the supplier shall be responsible to keep these gatos closed at all timeo, n•1oQiioations for Vitrified Clav Aino: All vitrified clay sewer pipe and fittings shall be number one quality, true to straight lines and circles with standard toleranoos, and shall, in all respects comply with the Speoifioa. tions of the Amerioan Society of Testing Materials lateot designation for Standard Strength Clay Pipe, C-13 or C-261, or Extra Strength Clay Sewer pipe, 0-200 or u.2gn, evoent as modified herein, Bidders may quote on ^ glazed or unglazed vitrified clay sewer pipe, Bidders shall insert in theher appropriate blank in the proposal the type of pipe being proposed, All pipe and specials shall be of best quality vitrified clay and shall be of the hub and spigot pattern, All pipe and specials shall be sound and thoroughly burned throughout, smooth on the inside and free from blisters, lumps or flakes which are greater than one-sixth (116) of the thickness of • the pine or one-oighth (1/9) inch, whiohever is the least, The pipe shall be free from fi,r,u cracks of any kind extending through the shell, The pipe shall be well formed and straight, The pipe ,hall have a clear ring when tapped with a hammer. The bells and spigots shall be true circles to faoili.. tate ease in ,pointing. The barely meeting the requirements of theso Specifications will not be considered as acceptable, It is intended that these Speoifioatione provide a minimum quality which will be aoooptable and the supplier will be expected to exceed these requirements, Attention in called to the fact that this pipe will be accepted by the Installation Contractor at the tail gate of the hauling truck, It will not be accepted nuv considered for acoeptana o on the loaded truck where earoful inspection cannot be made, Plhilo the ASTM Specifications permit the rejection of pipe having "Practurco, or cracks passing through the barrel or oooket, except that a single crack at the spigot end of the pipe not exceeding 75% of the depth of the oooket or a single fracture in the socket not exoooding 3 inches around the ol,roumferonco nor 2 inches lengthwise may be permitted", it is not tho intent o' those Specifications to permit any appreciable quantity of pipa mooting the herein described fractures, The quantity of £raotured pipe to be aocepted for this project shall be at the discretion of the City of Denton. The City of Denton reserves the right to mark with appropriate marking penoil all pipe rejected due to failure to comply with these .5pecifi,-,ationa, The supplier under Contract No. 60-1 will be expected to load and return this rejected pipe to their stockyards immediately, 6 f 1 9• Z94nt; No payment under this ^ontract will be City of Denton to the supplier, Inasmuch as this orderdisdtoebeltransferrod to the Installation Contract (Contract No, 60-2), nt y ~ the by the Installation Contractor to the suppliers Afterptheetransferbofmthis ade order to the Installation Contractor, all negotiations concerning the order shall be carried on between the supplier and the Installation Contraotor, 7 la .,W)' 'L VI Ct [i r I- y (f. ° M b 7 t ; f Y I ` •tl f4 v w rl .u (Q1 N L: r v v r 5J ,1- d L A. ti I v P '.'1 C C~ L r % r• ~ r 1. I. ~ ~ f I J . ~ ~ t' J .Ll D of r:. N 'f c (J~ V{ • lj , r > j n 1 J a, y Vl r f I a i -Ij - r,'r~ r{ m p! 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O td r( Ell, U f3 I-1 S'-' t t1 I v ,7 t y y'.a y° a 1) i o u E. h r~ 1-1 ° d Q ED ~y C) p n G7 4' t... v v o r J m~ i u x c7 1" l lu n o J r c i 21 7 r r v I g t1 / { 3 tjs 1 -1 1, 1~-a (1 o U i trl v u t Y v E I fl r ;;l r' " rj 64 v .if u a Sd cl q •qu,,-il i+ r X+° L .~~J G? o i. J c v w 7 + , 4 / y 'i3 fq In a y y_ r 1 1 ° 31 I " li rf A d C t. f 3i ry r r7 ✓ / 3 ( g + w M d lii C{ rrl f i.v r Y r• r J V A h ff i ,J U :i •r 1 i 0 cf t Q ' 1, .t N 'd+~ A klo M y 3 u 11 t: G° M J I. a o 1 rl7 V d3 O r ELM FORK CONSTR. CO., INC. 01 NFRAL CONTRACTORS Cld fIITE Fi7E F.WA'/ AI 010VIWAY J03 August 21, 1961 nOx 13180 DALLAS 20, TEXAS BLA(Amusm 4.otozs contracts & Insurance Certificate State Scho010utfall Line - City of Denton, Texas Freese, Nichols & Endress Consulting Nngineers 407 Dsnciger Bldg. Fort Worth 2, Texas Gentlemen: we hand you herewith the followings 8 eats Contract Document& nn above project- All executed 2 Copies - Insurance Certifiesta We trust you will find these in order. Yours very truly, ti ELM FORK CONSTR. CO. INC. Encl. INSURANCE CLRTI F CATE the polty,lif arm o C" y, doicb d n THAT ftem polic' has ylr en Issued by the Employers Natl nalnlnsuranreyCommpany,rsatrnlnlsursr, andlernthat thelapohcy ►orlnpolities,h if any, described In hem 3, Item d, Item b, or Item 6 hereof have been Issued byy the Employers Casualty Compuny, as Insurer, to the insured designated In this reulficata, and Ihat each such polity or policies, esrb1ect to the Ilmin of IlI61111y, errclu►lom, pconriam, conditions and other lermt thereof, an In full force and .fled as of the dale of this testincato with elfeciave dotes as shown herein. If any such polity Is cancelled or Is not renewed at the request of u either the Insured or the Inwcer, or If any suth policy or any renewal thereof Is changed In any manner or for tiny reason to as to affect this Cerllficute, fen JUT prior wralhn notice will be "in114a 6y the Insurer to the certificate holder, heroin named. THE CERSIFICATION OF INSURANCE AS SHOWN IN THIS CHLTIFICATE REMAINS IN EFFECT UNTIL TEN DAYS' PRIOR WRITTEN NOTICE IS MAILED TO THE CERTIFICATE HOLDER (at the address shown below) AS AEOVE PROVIDED, or 11 u onto It Chown In the column handed "osc~batlon date," such Insurance shall aspire either upon such data, or upon the date ep■dlfed In written notice mailed ten days prior thereto, whichever dale shall 11161 occur. NAME AND AD{1RES5 OF CERTIFICATE }IOLUEIL ~ EFFECTIVE UA1E OF THIS CEr RTIrCATE ISSUE AT Froorto, Niallols ez l;n(lrass) e~] QXA1j. Connulting line;ineero 101 Dansinge2' ~3uil.aing Insurance Aisoclati . a Association ' I'Ol'b Worth 20 Texas ' nAf 1 At TTEXAS 1 . I BY - gfliod ad kelirmonlo$vej`_---' NAME AND ADDRESS OA INSURED cro as 4p,f !it Employere National Insurance Company Elan Fork Construction Company) Ina. DY_. uAILAS,Taxes (AUlliorlxad ReDrosentoNiol - P4 ae 130X 13136 Dallas) TexM Typcl)' Employers Casualty Company ' I)A I L ASi TEXAS _DY. dii,iiradROp/fO~onlaflvoj - ' ITVriarJf {lees l tdrvaa on k~ro Kind PolicyNumar el PiiPoifeY STATE AND _ person - -1 Ac_ Or_IIOLOCATION OF OPERATIONS Cove ae't af4 fully Complies With Reaulremnl of l en Tesos Workmen's Componallan Law Ft Cov~raye Dlioaie3nly STAY[ OF TEXAS r And Renewal 7heceof X X X $25,000 $250W item Coverage , A Fully Cam of Its With Requlremente ! State fe Law rh ~ y Coverage Drseosdonry it And Renewal to'f ~n Covesac~ . `ThenoE X. X_ X $25x000 $25t000 Fully CompbeI Wide RequhomentI T l - a! Sfalo ow li Coverage Dlriate only And Renewal ?1im 6 Thesso! X X X $25,000 $25,000 A ET stated r! _ nlury 9J522 Ylaa 000 i a~ Y~ DVe b Property n written ! 390000 _ Products Only U. , ITS TERRITOpp11[ pR And Renewal x~ ChADA Damage Thereof lotioe X X X PO~SO}a! AND 11a~~ Bodily 44,t ~ Inlary 53~~' ? ate stated : S h iq~ C P a a U1k ITS rERplrv,111 OR propolin written J 3OO, qOO__.. AP I cable _ POSSElSrONS AND CANADA a• DfmasY And Renewal N _ Thereof 1 OQ_ __X X X , l-QO,aaa_ . APR}leoble Awl Renewal Thereof i S = kEAAl3 All, operations in the businous of the insured for the ,jobs City of Denton, Texas) Sewerage System zmprovemento TtCO4590 IT 1.60) Typowrlter 0591.Mlmoo; 4592-Dltto; 4593dh,plicotor) CITY OF IENTON, TEXAS MWRAOE sYsTEM IMPROvEFsm CONTRACT NO. 60.2 STATE SCHOOL OUTF'ALL LINE, Bide Received Unti.lt 10100 A.M., August 10, 1961 EN UM h0„_~; ,aebt 3..a1s +zrntr,hod b Ow rt Reference is made to the statements in the contract A.7c+.ui6nca under this Item no well as under Item 1040 Sewer Pipe, and the Appendix. The delivery schedule as shown in the Appendix has been revised in order to most ant;teipated construction schedules. The revised delivery schedule is as followas 3500 L.F, of 24" Extra Strength V.C. Pipe Available August 11 1961 All of 21" V.C. Pipe required available by August 12, 1961 Balance of material required for shipment can commence on August 21, 1961, and be completed at the rate of 1000 L.F. per weok. The Bidder shall take this information into consideration in preparing his proposal for Contract No. 60.2. Note: Contractor s a 1 ac now edge reoe p o ,h b Addendum in the spa~ao! provided in the Proposal. rMESE, NICHOLS AND ENDRE:SS Consulting Engineers 407 Danciger Building Fort Worth 2, Texas July 25, 1961. CITY OP =70;19 TEXAS SeVsge System Improvements Contract Pro. 64-2 STATE SCHOOL OUTFALL LINE Bids Received Untilt IWO A.M., August lo, 1961 ADDENDUM 72 Of AND, A& WaM jzWS ILA== Pale of The folloving paragraph shall be gdd,,od to a»d made a` part of "Information and 9peoial Instructions to Bidders": 19, County Road Cr6guqiiWjL, The Owner desires to have the two County road crossings installed immediately upon the award of this Contract. Theme two crossings are located at approximately Station 34 + 24 and Sta- tion 64 + 00. The O%,rner has been advised by the pipe manufacturer that pipe is noFr available for these crossings. The successful bidder will be erpeoted to move onto the project site at these two locations within appeoximately one week after the formal execution of the Contract. The Contractor will be permitted a reasonable delay after the completion of these two crossings until the time he ocawnoss work co the reminder of the projeot. No extra compensation will be made for the construction of these two crossings on this scheduls. Any additional cost incurred by the Contractor shall be included in the other unit prices W. NOTBf The bidder shall acknow]'~ dge receipt of this Addendum in the space provided in the Pruposal, PRM619 NICHOLS AND VMS= Consulting bVineere 407 Dancipr Building AuguaE 4j, 1961 Fort Nostra 2, TWas 17 1 l I ) ~i~ A~ aI~s a r~, iii ~ c7 '.4. ~i i r, CITY OF DENTON, TEXAS SWERAO£ 3YSIEN IMPROVEMENTS CONTRACT N0. 6U..2 SIAM' SCHOOL OUTFALL LINE AUGUST 1961 FRELSEP NICHOLS AND ENDRESS CONSULTING ENOIIJCERS FORT WORTHO UXAS COATRAC'1' 11O(II?11 If`i' FOR 1TA1111,1 SCHOOL OUTFALL LINE TAD.I,' hL CMnr_y"Xf" Lam. INVITATION 11'012 BIDS a INFORMATION AND SPECIAL INSTRUCTION TO 13IDDEH5 b SPECIAL PROVISIONS r LABOR CLASSIFICATION AND MINIMUM WAGE SCALE h PROPOSAL i CONTRACT A0R1i3KSE'NT 1 PERM104ANCE MNf) PAYMIP,NT BOND) 5 GENERAL CONDITIONS OF THE AORE ENT ~ DETAIL SPECIFICATIONS Item No, 101.-General. Requirements Item No, 102-Excavation and Baokfill. I''tem No, 103-Concrete,-Structural, Cradle, oto, 1:tem No, 104-Sewer Pipe I'toin No, 105-Cunt iron Pipe and h'itfinHa I:tom No, 106- DhEadmont for Pine Item Io, 107-Instull.ine Clay Sowep Pipe Itom No, 1013-Inetal,l.ing Cust Iron Pipo item No, 109-Hiyhway Crossing and Railroad Crorja,ing Itom No, 110-Manholes Item No. 111-.11ro,joct 14aintenanco, Cloanup and Guarantoo Item No, 112.-Baoi,a or Payment INVITATION FOR BIDS Sealed proposals addressed to Homer B, Texas, will be IIly, City Manager oi ' Denton, received at the office of the City Manager in the Municipal Building until 10100 A.M,, ftgust 109 1961 for the construction and com. pletion of the following item. CONTRACT NO, 60.2 STATE SCHOOL OUTFALL LING At this time and place the proposals will be publicly opened and read aloud. Any bid received after closing time will be returned anopenad. Copies of Plane, Speoifiontions, and. Contract Documents are on file and may be examindd without charge in the office of the City Manager, Documents may be procured from Freese, Nichols and Endres, Consulting Engineers, 407 Danoiger Building, Fort Worth, Texas upon a deposit of $25,00, which deposit will be refunded in whole or in part as provided in the Contraot Documents. A cashier's check, certified check or acceptable Bidder's bond pay- able to the City of Denton, Toxao, in an amount not lame than five (1,,) per coat of the bid submitted must accompany each bid as a guarantee that, if awarded the contract, the Bidder will, within ten (10) days of award of contraot, enter into a contract and execute bonds on the forms provided in the Contract Documents. Attention is called to the fact that not less than the prevailing wage r,gtes as established by the City of Denton, Texas, and as herein- after set forth in the Contract Documents hereinbefore described and which are made a part hereof, must be paid on this project. A performance bond and a payment band, each in amount of not less than one hundred (1000 per cent of the contract price, conditioned upon the faithful performance of the contract and upon payment of all persons supplying labor or furnishing materials, will be required. the cDentonase of ty reserves tk of he right clearness to adopt stating the most oadvan,prices, tageous construction thereof, or to reject any or all bids, and waive formalities, No bid may be withdrawn within thirty (30 days after data on which bids are opened, CITY OF DrNTON, 1EXAS }comer B. Bly City Manager . a WM=11L.AM-2 AL, Tj ' uc ,~ol~ro-- IiIDDgR~S' 1' W2tU2 bL20_nei The work to be done comprises the furnishing of an materials, labor, tools, equipment and appliances necessary for the son- stvuction and completion of the State School Outfall Sewer Line for the City of Denton, Texas, The work shell consist of the furnishing and in- stalling pipe, manholes and appurtenarioes, all as shown on the plane and as provided by these Specifications, The project site is i the south- eastern pant of the City as shown on the vicinity drawing. 2. Award of o t The Owner is receiving proposals for two projects on the same date Contraot No. 60-2 and Contract No. have been made in the proposal for Contract No. 60-3 permit !'the Bidd to "tie togethor" the two projects and allow a lump sum duction if both contracts are awarded together. The Owner reserves the right to mAPa the award separately or together, based on their deoision as to the most advantageous to the City, 36 Materials rnished b____vort The Owner will furnish j. materials. The Contraotor shall furnish all materials equipment, etc. called to the fact that the Owner Me issued a "Purchase Order" foricertain sewer pipe. This order will be transrerred to the successful bidder. Bidder shall use the unit prices in the "Purchase Ordor" in the proposals for Contract No. 60-2, The terms of this "Purchase Order" are set forth in Contract No. 60-1, "Furnishing Vitrified Clay Pipe for State School Outfall . A copy of Contract No. 60-1 is attached to these Specifications as an Appendix And is made a part of these Contract Documents for Contract No, 60-2, 4' .T. M_ oZp Lgiit The Owner desires the work to be complete l at the earliest possible date. The project should be completed within 27l calendar Jaye, In the event the Contractor fails to complete the project within the time net forth in the Proposal, the Owner may withhold permanently from the payments to the Contractor the sum of Fifty (150.00) Dollars per day as liquidated damages, as set forth in Section 4,049 Iiage 17 of the General Conditions of the Agreement. 5` &LbMi Hide shall be made on tho blank form attached and the com- plete documents and plans returned with the bid, Bids not so made will be oonsidured out of form. of tedamoc t Each proposal must be accompanied by accs table bid bond in an amount equal to at leasttiveoerti,tie check cent per unt bid as a guarantee that, if awarded a contract, theebidder will execute such contract within ton (10) days in the form hereto attached and make bonds of one hundred (100%) per cent of the sontraot prices b L'l+I'r4?`InDL~p.2 4r~! With the execution and delivery of the conta,act, the Contractor bhall f" Mish performance bond for the full amount of the con- tract. Band r,hall be executed by an approved surety oompany authorized to do business in the State of Texas, and acceptable according to the latest fiat of companies holding Certificates of Authority .Crory, the Secretary of the Troasury of the United States of America, Perfolmanoe Bond shall be arranged to extend for a period of one (1) year beyond the date of written acoeptanoe of the work by the Owner, to guarantee the repair and/or replace- ment of defeotive materials and/or workmanship which may develop during this period, ao bV..~Lntj-pmi,s In addition to the performance bond the Contractor shall furnish a payment bond for the full amount of the Contract, Payment bond shall be exooutod by an approved surety company authorized to do buni.neso in the State of Toxan, and acceptable according to the latest list of eom- pani.ec holding Cortificates of Authority from the Secretary of the Treasury of the United States of Amori.oa. g' In pry 'LJ:`?n o,.f iapf~~ f_icationst Any question as to the meaning of any apeoifioati,one will be answered by Addendum which will, be sent to till who have been furnishod with the plans and speo,lfications. 10, ofS-oni,yi Prior to the submission of a Pro- posal the Bidder shall have made a thorough examination of the site of the work and of the plans and apeoifioatione, and shall become informed as to the nature of the proposed construction, the kind of facilities required to carry out the nonatruotion, labor conditional and all other matters that may affect the coat and time of completion of the work upon which he bids. The O4mor has had savoral, tort holes drilled Alonp, the routo of the project. `I27e loge as dotorminod by the tooting are shown on tiro Plane, This tort hole data i,ti furnishod for Information only and the Owner door, not guarantee its accuracy. 11. Bighf 1~J,lavI Ilii;hcut co t to the Contractor the Owner shall, provide all nooeasary ri,f{ht-of-way or ea,somonts requirod for tho pro,joct. The boundaries for thooe easements will be thirty (301) feot on each rude of the oonter line of tho sewer main, unless othorwine indicated on the plans, '11ha Contractor will be oxjxroted and requirod to keep all of his activities within the boundaries of this sixty (601) foot casement. Unleso spooifioal.ly provided othorwiso, the Contraotor, as a part of the project conrstruotion operations, Shull clear all rights-of-way of obstruotion which must be removed to make possible proper prosecution of the work. The Contractor shall replace, repair and restore any improve- menu on or along the right-of-way or sasements which may have been removed or damaged in or due to his operation whon ordered to do so by the rngineor. All property along and ad,jaoent to the Contraotor'e field of oporation, especially but not limited to soil on highway right-ofwway, lawns, yards, c i shrubs, trees and fences shall be adequately protected and when damaged or removed shall be repaired, replaoed, renewed or otherwise put in a condi. tion equal to or better than existed before the Contractor caused such damages or removal, The Contractor shall not out any fences until gates are constructed as shown on the plans, The Contractor shall burn all brush, trash, eta, and remove all rook larger than six (611) inches from the project site, The Contractor shall, observe all regulations of the Highway Depart. ment and Railroad Company, 121 QbA=.3LJ, a2 iMt No change in the alignment is contemplated) how- ever, should a change be necessary, the Owner reserves the right to make such changes unless it can be clearly shown that such change works an undue hardship on the Contractor, no extra compensation will be allowed the Contractor, 1.3o'S]zD~tJ rrtpjti.g~t The Contractor will be expected and required to proteot tl).property, fences livestock, eto. All gates shall be left in the condition they are found, i.o., looked gates shall be kept looked at all times oxcept when in actual use, closed pates shall be kept closed, oto• 1I44 j'&9__R test The Labor Classifications and Minimum Wage Rates set forth below have boon prodotormined by the City of Donton, Texas, in aocordanco with statutory roquiromontri, as being; the prevailing classi- fications and rates, and shall govorn on all work performed by the Con- tractor or any uub-contractor. 1.% &&~,_SQ t),uctionr Tho Owner will furnish all water required during oonstruotionp hotaUVar, attention i.a called to the fact that not all tho project is sorved with a water lino, Mater will. lxa available at poitito on tho distribution system. Me Contractor shall, at his expense, My such lines and make such oonnactions as he may nead, subject to the approval of the Water Department. 16i I»'!d M-tQSLAYi9 .4~_s o , tl Ll , I']'ocossast If the Contraoor is re- qured or desires to use any design, device, material or process covered by letter patent, or copyright, he shall provide for such use by suitable legal agreement with the paiantec, or ownnr of such patent, letter of oopy- vighted dooign, It is mutually agreed and understood that without except- ion the rontraot prices shall include all royalties or cost arising from patents, trademarks and copyriphta in any way involved in the work. 'Ilia Contractor and his sureties shaj.l 1ndemnify and save harmless the Owner from any and all olaimn for infringement by roason of the use of any such patented design, device, material or process or any trademark or copyright in connection with the work agreed to be performed under thefts Contract Documents, and shall indemnify the Ownet, for any post, expense 111 damage which it may be ob''god to pay by reason of such infringnment at any time during the prosocution of the work or after complntlon .,I' the work; provided d . however, that the Owner will assume the responsibility to defend any and all suits brought for the infrin ement of an fri.npod upon by the design, t g any patent claimed to be in~ speoified in the Contrast Docuents furnished the Contractor lbyrtheuOwner$ and to hold the Contractor harmless on account of such suits, 17, P.aYMati Payment will be made in accordance with the provisions of the Detail Specifications. Partial payments will be made in acoordanos with the General Conditions of the Agreement. 181 Bafun--- d: o„ t.Deposi a It is intended that all parties with an interest in the type of work included in the project as covered by these documents, be given a reasonable opportunity to examine the documents and prepare a bid or sub-bid without forfeiture of deposit, Documents may be examined without charge as noted in the Notice to Bidders, Where documents are obtained from the Engineer upon a deposit as required in the Notice to Sidders, a refund of deposit will be made on the following basist (a) For bidders who submit a bona fide bid to the Owner, a full refund of deposit will be made on one set of documents procured by such bidder, (b) For other persons, i,e,, sub-oontraators, material suppliers, equipment suppliers, stool a full refund of deposit will be made on ono sot of documents procured by suoh persons, provided the docurasnts are retained in the possession of suoh persons not lonbier than !a (exclusive of time allowed for mailing), (o) Igor extra sets of documents (mor•-i than one tint) obtained by bona fide biddora, or other persona, or for note of documents obtained by parsons other than bona fide bidders that are hold by such persons longor than the stipulated time of seven (fl days, there will be made a r6fund of the deposit less the sum of $10.00 estimated to be the cost of repro- duotion of said documents. (d) No refund of deposit will be made on documents which are not returned to the Engineer on or before the J.Oth day aftrr the date of vocoiving bids, INFORMATION AND SPECIAL INSTRUCTIONS TO BIDDERS 0 SpF;CIAL_ PROVIQ?M b=kpt Ibis project will be financed in part by a Federal Orant for Sewage Treatment Works, Public Law 660. 2' .~IL 61;1b4-_9L.Comulp,~,~._oaI As a©t forth in the "Information and Speci,~! Instructions to Bidders", the time allotted for the oompleticn of all items of work shall be 270 consecutive calendar days, which time shall begin on the tenth day after the issuance of the Work Order. The Work order shall consist of a written request by the Engineer to the Contractor to proceed with the construction of the project. 36 eft and Degt Combined n~~ w~~i_be Aaoept Subject to the other requirements and stipulations in the speoifications and other Contract Documents, the Owner reserves the right to award the contract to the qualified responsible bidder submitting the lowest and best combined bid covering all sections of the project which the Owner decides to award at this time. The Owner also reserves the right to accept or reject Pny or all bids on any or all sections if it is deemed to be in the best inter- est of the public, Further, the Owner reserves tho right to reject any bids because of irregularity or to waive such irrogularity if such action is in the public interest. 4. &t = SC Sb~4li 'r ~,Ujai &l The Contractor will ocmply with the regulra- 4 AL tions of the Secretary of Labor made pursuant to the Anti-Mo kback Act of June 13, 1934, 40 U9S,C, 276 (o), and any amendments or modifications thereto, and will cause appropriate provis:l.ons to bo inserted in suboon- tracts to insure compliance therewith by all qubcontractors subject there- to, and will, be responsible for the submission of affidavi.tu roquired of suboontractors thorounder, except as the 9earotary of Labor may spocifi- oally provide for reasonable limitation:, variationn, tolorancoo and exemptions from the requirements thcrcof. This act provides, among other things, thati each contractor or oub- contractor ongagod i.n the construction, proueoution, oompletion, or repair of any public building or public work, or building or work financed in whole or in part by loans or grants from a Federal agency, shall N rnibh each week a sworn xrfidavit with respent to the wages paid each of its employees ongaped on work covered INy thono rogulations during the pre- coding weekly payrcll period. Tile riffidavit shall be executed and nworn to by the Contractor or subcontractor who supervises the payment of 1s,I,'os, and shall be in the following fermi r STATE OF -__,_cOUNTY Ole l' (Name of party signing affidavit) says That ~I~ }y P )u or s orvise tiieti Payment OfntileP t1worn to de P ulortions employedeb and y ontr o or or ~uboont ',acme for on the - building or~ work that during the payroll. period _oom_menoing on t.he flay of ,w of ~ .w , 1961. and ending the , day d 196.,u all persons employed on said project have boon paid the full ~xtolly wages earned, that no robatos have been or will be made either directly or indirectly to or on bohalf of said a~~.•..A...y..- _ _.(oontraotor of rtuboontrantorfrom the full weekly wages earned by any porHOn, other than pormisoiblo deduc- tions, as defined. in the regulations undor, the "ki.okwbaok" Act (48 ,Stat, 948) and described bol.owr (Paragraph describing deductions, if any) 8 gnature and Title Sworn to before me thio w. ,T,, _ clay oil a. ,[i ;}t.;La A.Qz As Repromentatives of the Toxas State 1.lopartmont of 11 io pfoalth and the United States Public Health Iaorvioe shall have access to the work wherever and whonevor it in in preparation or prop;rose and the contractor will provide proper facilities for ouch access. 6. ()~?en SnRSL t Whero mtorials or equiprwnt are npooifiecl by a trado or brand name, it is not the intention of the Owner to discrim« inato against an equal product, of another manufacturor, but rather to not a definite standard of quality or performance, and to establish an oqual basis a"or the evaluation of bids. Moro the words "equivalent", 11propor"t or "equal to" are used, they shall. be understood to mean that the thing ro)'srrod to shall be propor, the equivalent of, or equal to some thing, in the opinion or 3udgmont of the Engineor. Unless otherwise specified, all materials shall be the best of their respective kinds and shall be in all cases fully equal to approved samples, Notwithstanding that the words "are equal to" otl other such oxprosuione may be used in the specifications in connoution with a material, manufaoturod articles or processes, the material, article, or process, specifically designated shall be used, unl.nss a substituto shall be :.k-)provod in wr .tinge by the Engineor, and the Engineer uhall have the right to require thin use, of such specifically designated mator.ial, «rtiolc or process. LND Ole S IECIAL PROV1'S1.ON8 9 . ~-YQ-rI=~N~.1r~I&~'&.~s.~~~~LI~xI~nL c:o~u;~u~rrorl in acco dkance i~lthotile statutory requiromontsyand oprovuilinf],coal wagoo. Overtime shall be paid for at tho rate of ono and one-hall' (1,) timon the regular rates for every hour 1-rorkod in ercoso of forty (40) hours per wook, Air Compressor Op, 1,50 Laborer (Common) $ 690 Air Tool Operator Battorboard Setter Maintainer Opor. 1,75 Bell Hole Man 'n5 Marion Tondor too 1000 Mastor Moohnnio 1,875 Blade Grade Operator Mechanic (del f-.Propelled) 1,75 Moohanio's Hol or 11,0 000 Blade Orade Op. (Towed) 1050 Mixer OperO (1r CP & over) 1,75 Blaster (Powderman) 1100 Mixer Oper . { Loss than Bricklayer 2.06 Bullolam Operator 1.75 Mortar Mixer 14 CF) 1,50 Bulldozer Operator 1,75 1.00 Carpenter 1,625 Oiler 1400 Clamshell Operator 1675 Fainter, Brush 1075 Concrete Finisher 1075 Paynter, Stage spray 2400 C erne Operator 1,75 Pipe Layer 3.000 Drriek Operator 1,75 Power Equip, Opt Heavy 1075 Drag line Operator 1075 Power Equip. Op. Light 1050 1levilting Orader Op.(Towed) 1.50 Pu'mp2Operattor,aOver 2" 1050 Fine Grader 085 Pump Operator, 2" & Loss 1000 Fireman 1075 Rollor Operator 7,050 Form Builder 1050 .Scraper 01), (Over 7 CY) 1075 Groaner 1125 "orapor Op. (7 CY & Under) 1.50 Hoist Oper, (Ono Drum) 1,50 Shovel Operator 1475 (foist Oper. (2 Drum P4 Ovor) 1.'75 Tronehing Maohi.no Co. 1.. 75 Iron Worker (Rodman) L Truck Driver (11 TOor loss) .g0 050 Truok nrIvor (11T0& over) l.].0 Iron Worker ( Strut, tool) 3.475 Joint Worker 1100 Weldor 1.75 Kottloman 085 Contrauotor shall, comply with all state and Fedoral laws appl.inable to such work. Tito above are minimum rates. Didders shall base their bids on rites they expect to pay, if in excess of those listed, The Ownor will not consider claims for extra payment to Contractor on account of payment of wages higher than those epecit'iod0 h PROPOSAL Denton, Texas N.battt...14__...r.NY.__.9 1961. PROPOSAL r1m Fork Conatruption Co., u corporation organizod xnd existin& undar the laws of the Stete of Texas a partnership oonsisting of an individual. trading as TO TIJFj C:CTY OF DENTON, TBXAS t The undersigned hereby proposes to furninh all labor, tools, equipment and materials and perform all work for the construotion ofthe Sanitary Sewer Improvements in aooordanoe with the Contraot Dooumenta for the follow- ing prioes, to-wits ITEM 1;STDIAIMIJ UNIT 11 Install. 21" V,C.Sewor Pipe, 01-61 Out 270 L.F. Y.If. 1 .Y.w.i75 ~WNYYr1i.Ml.YNYN 24 Zneta'.ll. 21" V.C,3ewer Pipe, 60-81 out 295 1,. p. 1.135 90,"J5 31 Instal-I 21" V.C.Sewer Pipe, 11.7.01 out 963 LIFO $ 2.20 2,11.8.60 4, Install 21" V.C.Sower Pipe, 101-121 out 537 L.F fi 2.60 1096,20 5, Install 21" V.C.Sower ripe, 121.140 out 75 iJ.p 3160 ~ 270,00 «ti.w.r.rr.~w 6, Inntal.l 24" V,Q,Setaer Pipo, 01-61 out 477 L,F. e; 1 .ZaL 7, Install 24" Mo-1.3ewer pipe, 61-8' out 2,06,3 i,.T. ._.3 "..4~Z.w. 00 Install 24" V.C.Sewer Pips, 81"10' nut 2,,870 lis , -t$,7.,.2 a,9A -....N 94 Inatall 241' V',Mower Pipe, 10+-12, out 1,129 I,.". Ya3L $-j4imm3 i Illi;fit FSTVI TS1) ON N' ?AM AMOi>r?T 10. ]Install 24" V.C.Somi, Piro, 12'-11~' Out 10150 L. 11', 1 ---}1~2.. ~''.~..'t►~27....~4,._... l1. Install 24' V,C,fxawor Pipe, l?1'-16' out .109'"7 I,`..._ Sl r._1u s 531aQ. 12. Install 24' V,C.Sower pipe, 16'-18' cut 10671 L. 1,, l3, Install 210 V,C,Setimr pipe, 181-20' out 931 j 14, Install 24 V.C,Sewer Pipe, I 201-22' out 17 Le , ti 10.0 1$C.7r0 l5. Furnish 2111 VitrifIed Clay Sewer Pips, Standard Strength 16, Furnish 21" Vitrified Clay Sewer Pipe, Extra Strongth 63.2 Loll, 17, Furnish 241, Vitvi1%1.od Clay Sewer Pipo, Standard Stronhth 5,1k10 L,r'. t}~Z $v4zl l8, Furnish 24" Vitrified Clay Sewer Pipe, Extra Strongth 6,885 L.1'. $ ILUR 6~~ 19, Crossing M.K,T, Railroad with 182" Ual.v. C. td, P, Casin 2 g 1 Fa.1y.0- 00 20, Crowing Interstate Highway 35M with 401 Claly, user Plato Cuaing I La, sj2L o0 w Z'3~ {1U,oo 21, Installing 24" C,l',pipa 1.11 Ry. and Ii4rv Crof3ein±s 390 L.1''. 1j,00 22. Standard flanholoa C' or less Death 29 Ead 23, Manhole Extra WrAh over 6' 127 r„r, .10. &L 24, Oravol8mbedment 1-0900 254 Concrete Cradle and Pomoasomont ;1.00 C.X. t 26, Deep Cut (or servico)oonneatiorl for sewers 10 %a 9 1'I'fit I;`,TI'fATED UNIT nr' LptL L. -LlifiIC? 'j, 27. Extra quantity of 3000 pai, concrote incl.udin roin- foroing steel, forme, otsn# riot shown on the Plann and if ordered by the Engineer 500 C',Y, 28. Extra Quantity of 10500 poi concrote including forms, excavation, etc, not shown on the Plans and if ordered by the llngineer 5.0 C.Y. $ 1W.~ NOM Items 27 and 26 are intondod to be "Add" or "Doduot" Ttems. TOTAL AMOUNT OF DTI) (Items 1 thru 28) 162-PM-20 The undersigned hereby deolaren he has visited tho site of the work, oarefully examined the, Continet Documents, and familiarized himself with all. mattorn pot,tinent rn tho work covorod by the above bid. Within ton (10) days after aocoptanco of this Praponnl, the undersigned will oxecuto the formal oontraot and deliver an approvod Surety Bond for the f aithful performance of' the Contraot. The attachod bid surety in the amount or is to boaome the property of ,ho city of Dons n, Toxa_.._.._. ton, `1'nxas in the event the Contraot and Bond are not exeouted and doli.vorod within the time above net Forth, an liquidated damagoe for tho dolay aiid additional work oauuad there- by. '!ho undor,igned at,rces to nonmonoo work within ton (10) days afl,or Whitton notice to bot,iri work and to uomplot;e tho work within 270 calon(hir days. The undersigned aeknuwled(lcr; rocoipC of the following Addcridnt Addendum 'Iu, 1 and Addendum No, 2 Itoupoctfull.y subm.i.tted, ' ATTES`'r n1 1o1 .C JrYeu xxa.. tl~u.. 1-11.0 arrow, Progidont (anal. if Diddor in a Corporation) NOTES Do not detach bid form ~1~ `~'`f from other dneumontn. Address k CONTRACT AOREEMENT STA'I H OF TEXAS ~ COUN'.I'Y Ol~ Gl~;rd'Pf]l1 THIS AGREEMENT, mado and entered into this ~-day of Aukuwl, A. D.9 7,967-, by and between T112 (,.Flay uY WiLon of tho County of Uouton and Stato of Toxas, acting Lhrough :Lt,, II, vcf~ , thorounto duly authorized ao to clot Party of the [First Part, hereinafter tormod Lho (hiN%R, and Min Wrk SnaLrueti.on On, , Inc, of the City of _ );I 'I ao , County of DMIla!) and State of Party of the Second Part, hcroinaFtcr tormod CONTRACTOR. WITNESSEM That for and in conaidoration of the paymontn and agvoomonta hereinafter montionod, to bo made and perPormed by the Party of Lhc First Part (OWNXR), and under tho conditions oxprossod in tho bonds boaring even data horewith, the said Party of the Second- Part (CONTRACTOR) hereby agreoa with Lho suid Party of the First Part (OWNER) to oommonco and complete the construction of cortain improvement" deacribod as Follows; UenLr:cct 1@i. ~I)»~' ;ititL~: 'tohtoJ_ and all extra work in connection thorowith, under the terms an stated in the Gonoral Conditions of the Agrcomontd and at his (or their) own proper cost and oxponno to furnish all the materials, suppliant maehinry, oqui,pmont, tools, superintendence, labor, insurance, and other accessories and scrvicos neoonsary to complete the said construction, in accordance with tho cond:i-- tiom and prices stated in the propoaal attached hcroto, and in accordance with all the General Conditions of the Agreement, and In acc.ovdano with tho 7-15-60 7 Itl.ann, which incl.udos all maps, p'I.atS, bluoprints, and other drawings and printed or written explanatory matter, therecif for, an preparod by FIEESFj NICHOI,S AND ENDR~;SStndorotlnSerntitledtthe ENO1Nt;1;R each oC which has boon idontifiod by the CONTRACMit and tiro ENOINEUM to- gothor with the CONTRACT0108 written Proposal, the General. Conditions of the Whichrrtf vo}madand e P"Y"'Ont o and tconstitute the ontire contract, The CONTRACTOR hereby agroon to commence work within ton (10) days aftor• the data written notice to do no shall have boon givon to him and to Subatrrnti.all,y oompl.cte said work within F-' 0 ~r days after the date ootabl.i.shed in the written notlen to commence work, sub,joet to such exton- sions of time as aro provided by tho 0onor'al and Spooi.al Conditions, The OWNER agrees to pay tho CONTRACTOR in current funds the price or pri.oos shown in the proposal, which forms a part of this eontraot, such payments to be sub,jaot to the Oeneral and Special Conditions of the contract, IN WITNESS WN1REOr, the parties to these preaento have executed this Agreement in the year and day first above written, ATTES'T' R Thn C11"Y of %1(;rttell, Tr"Xrul I'ar of the h'i,rat Parb, OWNER 1•~, 1,, ~~~titti.l.L r;t.r , ~ l , ,Y t c I;ttt',Y i'rtnw it, L'rtt't'~nr, i4.ry~rr 1 T I+751, t , , .,rr~l,ruz;tr.u,r rJz,,~ lnr, Tarty of ,he S end Part, CONTRACTOR I3,y j t'rtrr!rr, 1'rnriu+,if~ Title (SNA I, ) 7-15-b0 PE'RFORMANCE, BOND STATE OF TEXAS COUN'T'Y OI D'.„Y['u! KNOW ALI, MFRN 13Y THESE PRESENTS t That Pa.m rl; 0„u-s L1,ur, to on Cii, of the City of DtOjwl County of 140.1r,;4 , and State of ox,, r) as PRINCIPAL, and A11101'Isin Nvq)b>yvr~,' 7usiir;,n,w t,Onjanny as SURETY, authoriv,od under the laws of the State of Texas to ac,,t as surety on bonds for principals, are hold and firmly bound unto the . City of DonLun, ,as OWNER, in the portal sum Ono Hundrud 51_Ay t>rvoll Th~~us1rn(l of rt,o Il{n f''tP.v ;~'J'l~it) „Dollars (1r .1(j' yt):E~) for tho payment wheroof, the said Principal and Surot~ bind themsolvos and their heirs, administratom, oxooutors, suocossors and assigns, Jointly and severally, by those proacntut WI1FREAS, the Principal ~as entered into a ocirtain wr.itton contract with the OWNER, dated the -22,Ll~.clay of _ L,21 1. 1.9_:xd ,for the oonstruoUcin of i which contract is horeby roferrod Lo and mado a part hovooP as fully and to the same extent as if copied at length heroin, NOW, 'fI1LRi;h'ORh0, THP1, CONDITION OF THIS OBLIGATION IS SUCH, that if the r3aid Principal shall faithfully por'form said Contract and shall in al.l rospoots duly and 1'aithful.l.y oboorvo and porform all. and singular the covenants, conditions and agreemonto in and by said contract agmed and covenanted by the Principal to be obsorvod and porformod, and aocordi.ng to the true intent and meaning of said Contract and the Plans and Spocifiw cations horoto annexed, then th3.r3 obligation shall be void,, otherwise to remain in full force and offoot; PROVIDED; HOWEVER, that thin bond is oxcoutod pursuant to the provisions of Article 51.60 of the Rovisod Civil Sb"Itutan of 'loxan an ctmondod 7-15-G0 3 by acts of tho 56th Logislature, Rof;ul.ar Session, IM rnd all liabi.litios on this bond shall be cloLomined in accorclance with t M provisions of sai.cl Artiolo to the ^ame extent as if it were copiod at lorlf;th horoin. PROVIDED FUR'IP;R) that if any logal action be fi3lcd upon this bond, vonuo shall lio in l~cnt.'i (county, State of 'I'oxa3. Surety) for value roenived, etipulatos and agroes that no change, oxtension of time, altoration or addition to the torms or tho contract or to the work performed thereunder, or the plans, ,specifications, or draVrings acoompanying tho same, shall in anywise affect its r.)Uigation on this bond, anti it sloes hereby waive notice of any such change, oxtonnion of time, alteration or addition to the torms of the contract, or, to tho work to ho performed thereunder, IN WITNESS WHERXOl") the Maid Principal and Suroty havo r3id;nud and coal ud this instrumont this day of.' A1,.Ylae t 194 1'd-m Cook Construotitrl (iU~, Ln{:~~- 1~Y 1!?',1.ntlrl I':1111)lU~e2'ft~ hrl~)~ll'FIRe(; (i 6ill~ i!Ulr~f Piinoipal Suroty Title ' ~r f7.U [Si'rf, 1'1 l,:i ifle-!n I: Title A'{'I Uiliwll Ir!-!"Aryl Addroos I'• x ]'iltiO C11.e; e)) i OxW, (flEAL) LAL) The name and addrovs of tho Rosidont Agent of. Suroty is; 11-i - I.,. W., r 'hl : 1jl'r t 11 , I Ilr, t, %r. Note; Dato of 1.3ond must not ho prior to (late of Contran. . 7-15-6o 1~ PAYMENT DOND STATE OF TEXAS ~ t UI1tE'I'Y ol' iCPlOY! AL[. td1;I•! 13Y '!'UISP; PRl3S1?dJ'rSs That _ 1';l n nil: Cnnr_;Lructi.on Cu., lnr,. of bhe CH,y of U;tl_7.as County of Dtt11a;; rand Stato of x Is i (s 1IRT11CIPAL, mica Avis ri _rntr Epp Jloycr: , flr.mvwW[s Comsr;rr~~ as SURETY, authoriiod under the laws of the Stato of 'Poxas to act as surety on bond, for principals, are held ).nrl firmly bound unto tho City o1' DunLon, 'fr,xns ~ ~ as OWNER, in the ponal sum of lunrlrrct Si.xt~y `i ;y.r~ hr;ur;tutr3 Two 1lundr'c,r.) 1 i_f'hy ;I.n I Dollars. 1F,7,25O.b } for th( pa.yrrir,nL wheroof, the said Principal and Suroty bi.n(l thomsclvos and thoir heirs;, a(bni.hisfsracors, exec- utor,,i, mceessors and as;ei.((no, ;jointly and tiovoral.ly, by thnt;e presont,s WI11'PREAS, tho Principal ~iari entered into ;I r„(rrtai.n wr LLon contract with th the Owner, datccl tttc -day of _ Auj;us1; , 19 O , for the esrL construction of ("imisraotl, i'lo. ~fUtlilll, f[Lnr+ which contract is; horoby roforrod Lo and mado a part hrtreat' ru; Cuily vvl Lo U10 r;arnc oxtent tis if' cop>iod 4L lonl;th Iroroin. IIOW, TJh d1;P'O1?N1 THN CONI)7'r1011 OF T1118 ON"IrEATION IS TIC;I, Lhn.t if thr raid Pil.nci.pal shtx] 1, pity lLll clailrtPtnts r;uppl.yi.rrr; IlIhor and m,rL„I'1t,1_ to h.im or rl Lmbconl;ractor in tho prot;ocut:i.on of the work provlowl I'm' In G;.ljl i con Lrai;+;, film thin ob1:i gatlon ";hail. he Void; othorwi',o to r om"d rl ht 'ul l f'or'ce mel ef'rect; PRoVII)LD, NOWYVER, Lhrtt this bond it oyooutr'l 'rur:m"Int i.o l•ho prir- visions of Artiolo 5160 o P the ltoviso(l Civil. S tatutce OF 1 ox r„ ae a.mond'od by acts of tho 56th Logi. l.atura, Rogular Session, 1.95), ,and a.1A I tab.ili. on this bond shall bo determined. in accordance with ttto provision, o1 Article to tho smo oxtent as if it wore copied at l(Int;th heroin, PROVIDED FURTHER, that if any legal action hr, filed upon this; bond, vonue shall, ho in _ _OrmLon County) Stato of 'r(mu;. 7-1.5..60 5 Surety, for value recoived, stipulates and agr'ocs that no rhanf,o, extension of time, altore,tion or addition to the torfir; of the contract, or to the work performed tlrerounder, or' the plans, npoe"i fications or drawing", accompanying the same, shall in anyw.iso affect its obligation on this bond, ,Ind it door, hereby waive notice or any such chungo, c,xtcnsi.on of ?,.i.rac, alteration or addition to the tormts of the contract, or to the work to be performed thereunder, IN WITNESS WEPREUI!', the paid Principal and Surety have Signed and seal.od this instrument this day of Alt rl:;1, l9_ 61. I`JN] f'Ur`l; Ir:,l 1 lie f.l UIl ("o. I IIG. all,(:)' ] [ 1J.11 l'; p, l 1 t} r?r'~ l.nsllk <I HC. i' {~')I I> n~!r Ir ncipa1. Surety 13y 13y ' P"'tl T i t 1 o X. U. I.,"wrimp 1'IE a(Il'ki 1!].t7.e AJ IURNi IN IACIll' nddress~' Address l,1 r r I! ~lrl,' . r~(}~ it i(I:' J I!',I f.,1.1 .1 , (SEAL) (SEAL) `l'ho name, and r.Iddress of tho Ros:ldont Agent; of Surety is: Notoi hate: of' Bond must not be prior to date or Contract. w 7-.1560 6 01?,NERAL CONDITIONS OF AGREH;l4I<INT 1. DEFINITIONS OF i'iM 1..03 tTrlI;3;It, (;mT LUM?. ANIJ ENGINEER, Tho OWNER, Qio CON'T'RACTOR and the EN4ltlNN are thor;e mentioned as such in the Al ror;mt~nl,. They are treated throiiC;liout the c;critt'act Document;; as if each were of thy,, singular number, and mascu.lino gentler. The 1NOINEEIt shall be undersl,oo(j to be the 1NGINMIt of the ONNER or his duly authorized ropresentative. 1.02 CONTRACT WCUMENTS. The Contract Documents shall consist of the Notice to Contractors Advertisement), Special. Conditions (Instructions to Biddors), Proposal, signed Agroement, Performance Land Payment F3onds (when required), Special F3onds (when required), General. Conditions of the Agree- mont, 'T'echnical Specifications, Plans, and all modifications thereof incor- porated in any of the docwnents before the execution of the agrooment. The Contract I)octtments are contpl ementary, and what is called for by any one shall be as binding as if' called for by all, 1. O' SUB-CONTRACTOR4 I'he term Sub-.Contraetor► as employed herein, includes only those having a direct contract 4th the CONTRACTOR and it includes one who furnishes material worked to a special design according to the plans ar specifications of this work, but does not include one who merely furnishes material not so worked. 1.01E WRITTI'N NOTIC} Written notice shall be deemod to have boon duly served if delivered i n person to the individual or to a member of the firm or to an officer of tho corporation for whom it is intended, or if delivered at or sent by registered mail to the last business addros, kn')wn to him who T;ivos the noti,co. 1.0 WORK, Unless othor4riso stipulated, tho CONTUCTOR Shall provide and pay for al,l, materials, supplies, machiriory► equipment, tools, super:lnton.. donee, labor, insurance, and all wator► light;, portor► fuc.l, transpot Lation► and othor faoilitios neco,sary for the execution and comploti.on of tho work eoverod by tho contract doougicnts. Un:l.oss othcrwr„e slxc:ifi.erT, <r'i:l. m~Leri,- Als shall be now and both workmanship and matorials shall. be of n trood quality. The CONTRACTOR shall., if requi.rod, furnish satisfactory ovidenco as to the k.l.nd and giv,01,ty of matrrial,e . 19at ori.rxl or work rTot;cr bed in words which so applied have a well known technical or trade moaning r;hall be hold to rofer to such rooogn sod standards. 1..0G A;XfRA WUItY. The term 11B, tra Work" as usod in this contract shall, be understood to mecuI and include all work that may be required by the ENGINEIM or OWNER to bo done by the CONTRACTOR to accomplish any change, alteration or addition to the work shorm upon the plans, or reasonably impli:od by the specifications, and not covorod by tho COIITRACTORIS Proposal, except as pro- vi,dod tinder "Changes and Alterations", heroin, 7-15-G0 .1 ,07 WORKI%(; DAY. A "Working; Day" is doCinod as any day not, including Satur- day,,, ;undayr or any logal. hol.:idays, in which weather or other condii,iono, not itncler the con I, r•ol or the COII7 'RACT01{9 ;gill poI~mit onstru< U rin cf the prinoi.pal. uniof the work for a continuous poriod o.1' not joss than :;nvrn (7) hours botwrror! 7;00 rt.m, anti 6:00 p.m. 1.08 C;AL1,;;I1/ l't DAY. A "Calendar Day" is any day of Lhe wook. or month, no days being orcoptorl. 1_._09 '3liiSTA'lTIALLY (iOMI'Lllrxi), By the term 113abstantial.ly Completed" is meant that Uio strufAuro ha:; been mado suitable, Cor use or occupancy or the facility is in condition to servo its intended purponn, but stil.l may require minor miscollanoours work and adjustment. C011'PROi Ol- WORK 2,01 LIKES A':It) ORADNi. Un.loao othorwinn spooif'iod, all lines arr Fradon shall ho furnished by the OWNER or his roprosenLative. Whin ver cc3soary, oonsLruction work oball be suspondod to pormit performance of this work, but such suspension will be as brief izc practicable and the CONTRACTOR r3liall be ,allowe(l no nxtr i compensation there for. The COIdT UtCTOR s;)al.l. give the, OW11L11 or the LIlC711;I.It ample notico of the time and place where :lines anti i ratios' wi`1l ho nooood. All 'Aakos, marks, etc., shall bn, caro:£ully pronorvod by the CONTU(1011, and In Ortso of marelosa rlestructien or rornoval by him or his e;uploycoo, such stakoe, mark;,, ctr:., :ihnll be replaced at. the CONTRACTOR'S oxpc)nc:o . .02 X1{GTNEY*1,:1S AIITEIOR '1'Y AND DUTY. I1nl'ess othorw It,,o apocifie(t, it is mutually af;rood botwooll 1,110 paarl;ios t,) Lhio Agrooment that the 1;110111>Jh3I .:hal.l suporvirn all work included hot o i n Ho hut, Lho authority to stcrh alto work whenever sucli stoppago rnrty be nor,r,,,ary Lo insure the proper orocution of.' the contract. [r) order to provorit delays and iii.sputos and to cLitlcourtrfre litigaLion, it i:1 furl;hcr agrood 1 vtf, Lho NP!(iTME'11,2 ;3hal:1. in all cano,i dotov- :ai.no the amount:; and Cuantitios of the ,,ovorn i. ki_nd1 ; o.£ wort, Mitch t i,r, to be paid Tor umler ;iii i contract, IIo shn11 detormilio. all. 'luontionr3 in rnIftlAon. Lo urcid work l.he cortstru(rtl.on 1.1v!1,trol', "Ind : hrtl.l. 1.11 fll caso:; (intuit(, c:,rory rnle:ition w1ti.1 v1q,v arl!'o rcl.rttivo to tho oeor:ution of MO:; cor:trruA orr the p;trt of r:ai~1 CNfrltACT01%, P);e I,1iIC:[111;A;Et1, r.;,ti.inatcs ttncl fin0ir3gs shal.'I. be tho con F'`,rns procerlord. Lo tho rirhi, (if' lho p;Ultior", hnroto 1•C7 ;trl;.i.ir+t%on or to any nCLion on tho nontract,, an.-I to any right:; of tor, GONTRACTOR to reeoivo ,my rnonny unclor this contract; providod, howilver, that thou l,d the X116.11UNX render any der,isiort or give any cl.i.rogtiori which, in tho opinion of either party hrjreto, is not in accordanco with Clio moaning and intent of thi, contract, either party may rile with na:I.cl'1~TI( THI;hR within thirty (30) days h.-I-0 written objooUlon to the rleci.sion or direction tie rendered, and by such action may reserve iho vi,pht to submit the question rro rr,i.sCd to nrbi. t.rati.on at hornin providod, It is the intent o.{' thin of roement that there shall he no delay in the execution of the work] thorof'ore, tho written doeision or directi.ono,, or the X310111.11,'E t as rondorod rilial.l bo promptly oarri,ed out, and any claim arising therefrom shrtl:l, be thoreartor adjustod t;y arhi.- tration a;3 horoinafter p ovidod. 7-'1' .-00 t% 'I'he LIWINEER shall, within a roasonab.1,o time, vendor and deliver to both the 014141,lR i,nd the CONTRACTOIZ a written decision or, all (O rtims of the parties hereto and on all questions which may arise rel.aLrv(: I,) Lhe execiiti.on of the work or Lho intorpretal;i.on of t.hcr contract, spoci.frcnl,lon;; and plans. Should the le, 01'P1MPR fail. to make such ciccicion within a roaruurrhl.<; time, an appeal to arb:iLr'aLIOn may be taken as if his decision had boots rondored against the party a poaling. Whenever the words "directed", "require", "rpcrraittod", "designated", ".considered necessary", +"prnsovSbcid'", or words of like import; nrn used, it shall be understood that the direction, requirement, pormi.ssion, order, desig- nation or prescription, of the 13NOINBt;R is intended; and similarly, tha words "'approval", "acceptable'", "'satisfactory"', or words of Like import shall mean approved by or acceptable or satisffaotory to the tidL'7111,f9iZ, 2.0 SUPERINTENDENCE AND INSPECTION. It is agreed by the CONTRACTOR that the 10GRI11l11t shall be anti is hereby' authorized to appoint from time to time such subordinate engineers, supervisors or inspectors as the said. ENGINEER may deem' proper to inspect the material furnished and the work dono under thi;a agreement, and to see that the said material is Curnished, and said work it done in accordanco with the specifications thorefor. The CONTRACTOR shall furnish all reasonable aid and assistanco required by the subordi.nato onginoors, oupervi.sors or inspectors for the proper inopoction and examination of the work. The CONTRACTOR shall regard and obey the directions and instruc- tions of any subordinate engineerri, supevvie-ore or i.nrjpectors so appointed, when such directions and instr•uctiono are consistoht with the obligations of this Agreement and the accompanying plans and specifications; provided, how- ever, should the CON'TRAC'TOR object to any order by any subordinate onii.noer, supervisor or inspoctor, the CONTRACTOR may within si.x (6) days make written appeal to the ENGINMR for his r' ^ision. 2.04 CONTRACTOR'S DU'T'Y AND SU~Ertl MTLNi)LN0E. The C011TRACTOR shall (rive por.- sonal attention to the' faithful. prosecution and completion of this contract and shall keep on the work, during i Ls progret"s, it compoLont supovi.r" Lendent and any necessary asoistants, all satio.ractory to the 1;101111 ER. ` fio i"upor- intondent shall roproent the WNTRACPOR in hit; atr;,r,nco and all dirv!Uoils (rivon to him &Iral.l be as binding aH if given to thu COII'1'ItJt ITOR. Important directions shi,ll. be confir,ned in writ:ing to tho C011TRACTOH, Other diroo- tions shall bo so conflniiod on written request. in caeh "nso CONTItAC,TOItIS U1IDER9TANDING. It io understood and agreed that the CONTRACTOR has, by careful. oxaminati.ont satiofiod himsolf as to the nature and location of the work, the conformation of the (;round, the character, quality and quanti.t~ of the materials to bc, eneountored, the eharactor of aquipmsnt'and facil.ition neoded preliminary to And during the prosecution of the work, the general and local. conditions) and all. other mattors which can 'in any way affect the work under this contract. No verbal agreoviont or "soovor 3atibn with any off:,:oer, agent or empl.oyoo of the OWNI IZ, either before or after the execution of this contract., ehall, affect or modify any of the term or obli.gaton5 heroin contained. `1••1.x.-Go 9 7..0~ CIIAI~k 'f(~;R Or lloliY,'4r51d. 1t~e CONTRACTOR a{ reel to employ only orderly and competent men, skillful. in the performance of the type of work required under Lhis contract, to do the work; and agrees that whonever'the MINIM shall. in- form him in writing that any m,nn or men on the work are, in his opinion, incom- potcnL, unfaithful or disorderly, such man or men shall be di.ochxrged from the work and shall not nt{ai.n be employed on the work without the ENGINEER'S written consent. 2.0,7 CONTRACTOR'S -BUILDINGS. 'rho building of str,ucturos for housing n, or the oroetian of tents or other forms of protection, will be pormitte,? Ty at such places as the ENGINEER shall 'd'irect, and the sanitary conditions ui the grounds in or about such structures shall. at all. times be maintained in a manner satisfactory to the ENGINEER. P.08 SANI'T'ATION, Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public, observation, shall. be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by the ENGINEER, and their use shall be 'strictly enforced. 04 SHOP DRAWINGS, The CONTRACTOR shall submit to the ENGINEER, with such promptness as to cause no delay in his own work or in that of any other Con- tractor, four copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades, and the ENGINEER shall page upon them with reasonable promptness$ making desired corrections. The CONTRACTOR shall make any corrections required by the ENG.rNE13111, file with him two corrected copies and furnish such other copies as may be needed. 'rho ENGINEER'S approval: of such drawings or schedules shall rtut relieve the CON'T'RACTOR from responsibility for deviations from drawings or speo.ificati.ono, unl.oss he has in writing ral.l.od the ENGINEER'S attention Lo suoh deviations at the time of submission, nor shall. it relieve him from responsibility for errors of any sort in shop drawings or schedules. 2.10 _PRrLIt-11NARY APPROVAL, The ENGINEER shall not have the power to waive the obligations of this contract for the furnishing by the CONTRACTOR of good. material, and of his Performing good work as herein doscribed, all in full accordance with the plans and speai..fications, No failure or omission of the 10101NEER to condemn any defocti.ve work or material shall release the CONTRAC- TOR from the obligations to at once tear out, remove and properly replace the same at any time prior to final aecepLanoe upon the discovery of said defocLivo work or material; provided, however, that the, ENGINEER shall, upon request of the CONTRACTOR, Inspect and accept or rojeet any maLorial. furnishod, and in event the Material has boon once accepted by tho, ENGINEER, suc;r acceptance shall. be binding on the OWNER, unless it can be clearly shown that such material furnished does not meet the specifications for this work. Any questioned work may be ordered taken up or removed for re-examination by the ENGINEER, prior to final, aooeptanco, and if found not in accordance with the specifications for said work, all expense of removingp re-examination and. replacement shall be borne by,the CONTRACTOR, otherwise the expense thus in- curred shall be allowed as EXTU WORK, and shall be paid for by the OWNER) pro- v1ded that, whore inspection or approval. 1.9 ,spQoifieally required by the spooi- ficationn prior to performance of certain work, should the CONTRACTOR proceed 7-1.5-GO 10 with such work without requesting prior inspection or approval he shall bear all expense of taking up, removing, and replacing thin work if so directed by the ENGINEER. 2.11 . DEN'EC' S AND 11BI t 19MEDIES. It is further agrcod that if the work or any part thereof, or any material, brought on the site of the work for use in the work or selected for the same, shall be deemed by the ENGINEER as un- sui.table or not in conformity with the specifications, the CONTRACTOR shall, after receipt of written notice thoroof from the ENGINEER, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that the OWNER 2.12 may make such changes and alterations as the OWNER may see fit, in the line, grade, form, dimensions, plans,or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying perform- ante and payment bonds. If such changes or alterations diminish the quantity of the work to be donee they sh&II not oonstituto the basis for a claim for damagos, or anti- profits on the work thatmay be dispensed with, except an provided for unit price items under Section 5 "Measurement and Payment". If the amount of work is increased, and the work can fairly be classlfiod under the speoi fieations, such increase shall be paid for according to the quantity actually done and at the unit-price9 if any, established for such work under this oon- traet, except as provided for unit price items under Section 5 "Measurement and Payment"i otherwise, such addi.ti.onal work shall be paid for as provided under Extra Work. In case the OWNER shall make such changes or alterations as make uselecs any work already done or material already furnished or used in said work, then the OWNER shall recompense the CONTRACTOR for any material or labor so used, and .for any actual Ions occasioned by such changei due to actual. expenses incurred in preparation for the work as originally planned, 2.1'x... R101 OF ENGTUM 1)L MOpTP'Y S TN D~ AND rotlrnMrN i If at any time the methods or equipment used by the CONTRAC'T'OR are found to be inadoquate to secure the quality of work or tho rate of progress required under this oon- traot, the ENGINEER may order the CONTRACTOR in writing to increase their safety or improve their character and efficiency, and the CONTRACTOR shall comply with such order. If at any time the worki,ne force of the CON'T'RACTOR is Inadequate for securing the progress herein specified, the CONTRACTOR shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the suliedule of progress. 7-15-60 11 3. GENERAL ODI,IOATIONS AND RESPONSIBII;TT'IES 3. Q1. KEEPINO OI" PLQ S AND PL IF lCAT7_ ONu A CLSSJL The 1N(}xNEkll shall. Curniah the CONTRACTOR with an ade:luate and reasonable numb=r of copies of all plans and specifications without exponso to him, and tho CONTRACTOR shall keep one copy of the same constantly accoss.bl.e on tho work, with the latest revisions noted thereon. 3.02 'OWNERSHIP OF DRAWINGS. All drawinfr,s, specifications and copies thereof furninhnd by the MMOMMYR shall not be reused on other work, and, with the exception of the signed contract sets, are to he returned to him on-roquest, at the oomplation of the work. All modola are the property of the OWNER. 3.03 ONQUACCY OF DE5ION, It is understood that the OWNER believes he has employed competent engineers and designers. It is, therefore, agreed that the OWNER shall be responsible for the adequacy of the design, buffioienoy of the Contract Documents, the safety of the stritoture and the practicability of the operations of the completed project; provided the CONTRACTOR has com- plied with the requirements of the said Contract Documents, all approved modi- fi'cationathereof, and additions a,nd alterations thereto approved in writing by'the OiWNE,R. The burden of proof of such compliance shall be upon the CON- TRACTOR to show that ho has complied with the said requirements' of the Contract Documents, approved modifications thereof and all approved additions and alterations thereto. 3.,04 RIGHT OF ENTRY. The OWNER reserves the right to enter the property or iodation on which the worts herein oontraotad for are to be constructed or installed, by such agent or agents as he may 'elect, for the purpose of super- vising and inspecting the Work, or for the purpose of constructing or install.- ing such collateral work rxs said OWNER may desi.re,' 3`05 (iQUATERAL OC N'PItAC,TA. The OWNER agrees to provide by separate contract or otherwise, all labor and material essential to the completion of the work specifically exoludetd from this contract, in such manner as not to delay the progress of the work, or damage said CONTRACTOR, exoopt where such delayn are 9pcoi.f o al.l.y mentioned elsewhere in the Contract Documents. ,,I.Q lI9CREPA '1T~;i ~1N1 On5BfON~. It Is further agreod that At in the intent of this contrast that all work munt N done and all material must be furnishori in accordance with the generally accepted prt.ctidet and in the avant of any dtscropancios botwoen the ~:eparato contract donument.s, npnei- fluations ol^ drAwinga, the I;NOINEER shall dofine which is intended o apply to the work, ,1.09 FOUIPri . T _MATERTAIA AND ,,ON3TRIlC1PI'ON PI ANT, . The CONTRACTOR shall. prop- vide all tools, aquipment, machinery, materials,and construction plant and facilities necessary in the prosecution and completion of the contract, except an otherwise specifically set forth to be provided by the OWNER, 'The CONTRAC- TOR shall be responsible for the care, preservation, conservation, and proteo- tion of all'matsri.alst supplies, machinery, equipment, tools, apparatubt aeoonsories, faoilities, all means of construction, and any and all parts of 7-15-60 12 the work, whether the CONTRACTOR }Far been paid, partially paid$ or not paid for such work, until tho azttira .,cork Is completed and accepted. ~~Qt~, nAM>('1 In the evens, '}i..; ''ONTRACTOR is damaged in the course of the completion of the? work by M)'tj sct, nngl.oct, omissionp mistake,or default of the OWNER, or of the ENGINEER, or of any other CONTRACTOR employed by the OWNER upon the work, thorohy causing loss to the CONTRACTOR , the OWNER agrees that ho will roimbarge t,ho CONTRACTOR for such loss. In the event the OWNER in damaged in the eo)irsa of the work by the act, negligence, omission, mi_stake,or defatit, of the CONTRACTOR, or should the CONTRACTOR unreasonably delay the progress of the work being done by others on the job so as to cause Ier<r, For which the OWNER b9comes liable, then the CON- TRACTOR shall reimburse the OWNER for such loss. 39 C' T_AgS:Zl&N..7'a.i'fA E "pD THE E' LIE. The CONTRAC- TOR shall takeout and procuro a policy, or policies of workmen's compenga:- Lion insurance with yin instlrance company licensed to transact busineda in the State o.i' Toxas, 'which prlicy shall comply with the Workmeri's rjampwis&tion Law of the State off' Texas. The CONTRACTOR shall at all bimes exercise reason- able proeautiono for the oafety'o' amployeas and others on or near 'the work and shall nomp7.y with all applicable provisions of E'edaral, State Arid Municipal safety laws and building and construction codes,' Al.l'machi.nery and `equipment and other phya;cal. hazards ^ahal7 }4 guarded in aocordanco.with the "Manual of Accident PrevoiW,on in Construction" of the Associated Oeneral Contraotora of Ameriea,oxoopt where inoompatible with Federal, State, or Munloipal'lawe or rogulationo, The CONTRACTOR' shall provide such machinory guerds, safe walk- ways, laddorsy bridgeso f;angplank5 and oti.'ker safety devices as may be re- quirod by the ENGINEER as rer.piA A.te to tho proventi.on of accidents.' The CONTRACTOR and his Sureti.o~, 'ehn 1.1, i ndemnif,y and rave harnlese'the OWNER and all his officer,30 aronts, and ompl.oyees from all suits, ao~'nns or claims of any charactor, name and doscripti.on brought for or on acnou0 of any ' in,juri.ns or damages reeetvad or sustainrd by any person or peraon,i or prop- erty, on account of any negligent not or fault of' CONTRACTOR, his b;VAnts or omployeos, in the exer,'tttton of said contract; or on acdount of Lhc t'rtilure of the CONTRACTOR'to providennobsnary barricades, warhi n$ lightsor sipnoj and will be required to pa,y any ,)1Adgmontq with oosts, which may be obtained againrst the OWNER geowltig cuL of s))(-,h i.n,jur,y or damage, 1.,1Q, lSrn~AN`_A~I~)_1'AY't(~''NI' r }t11}a; T/tflcce o},horwiso spocified, i.t its furthor agrood by the j0 I,ir!,~ ' t.h~irs ("t)ntart, that the CONTRACTOR rti_l.l execute soparat.e F~or.fo?in ~n~ = rwl f. e Tiipnt, t;ondso each in thr stun of one hundred (100) pereont of ',hu aontru,,t pri.no, on etnn(lard Co ms for thio purpose, gusrantnoing fatl`,ti!'t E performanioe of the work acid the ful- fillment of any'guarantmt!l a tlt~:r?d, and .fur-char gaaranteei.nf paymant to al]. ljnrsons suppl.yitsg labor o.nri wateriais or furnishing him hhy equipment in the ex6oution of the Con.t;rae',,, and it, is agrosd that this Contract 'shall not be in ef£eot'until such po fonnannn and payment bondn are furnished and approved by the OWNER. Unless otbl.'wine app,"Dvcri in writing, by the OWNER the sursty company underwriting 3 ~ bonds nhall lr hoceptable according to the latent list of companies ho.i.ding oertifinatris of &uthority from the %orntary'of the Troasury of tho United StaLos. 7-15-bO l3 Unless otherwise specified, the cost of the premium for the performance and payment bondr shall be included in the CONTRACTOR'S p•oposal. 3.1J.LOSSES FROM NATURAL 9 USES, Unless otherwise specified, I loss or dam- ago to the CONTRACTOR arising out of the nature of the work to be done, or from tho notion of tho elements, or from any unforseen circumstances in the proseou- ti.on of the same, or f;om unusual obstruot:i.ons or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. L12 PROTECTION Ol ADJOTNTNO FROPFirl The said CONTRACTOR shall take propel, means to protect the adjacent or ad,joininr property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of constritoti.onj and he shall be liable for any and all olaiw,s:for such damage on account of his failure to fully protect all al joining property. The CONTRACTOR agrees to indemnify, save and hold harmless the OWNER against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performanoe of the oontraoti but any such indemnity shall not apply to any claim of any kind arising out of the nxietence or character of the work. 9.13 P1tOTFrm SUD-CON'fRACTORg r ean>7Fns trial mkt ,.f A~~. FURNXS11&RS OF d ,11LMRyL EQ,UrPMPNT AND gLPPLIES. The CONTRACTOR ngri that he will indemnify and save the OWNER harmless from all olaims growing out of the lawful ;demands of sub-contrt,ctors, laborers, workmen, mechanios, ma orial- mea,and furnishers of machinery and parts thereof,` equipment, power toola, and all, supplies, including commissary, incurred in the furtherance of the perform- ance of this contract. When so desired by the OWNER, the CONTRACTOR ;rhull. furnish satisfactory evidence that all. obligations of the nature hereinabove designated have been paid, d.echarged or waived. If the CONTRACTOR fails so to do, than the OlIll may at the option of the CONTRACTOR either pay directly any unpaid bills, of which the OWNER has written notice, or withhold from the CONTRACTOR+S unpaid compensation a sum of money doomed reasonably sufficient to liquidate any and all such lawful. I until satisfactory ovidence is furnished that all liabilities have been fully discharged; whereupon payments to the CONTRACTOR shall be resumed in full, in accordanes with the terns of this contract, but in no event shall the provisions of this sentence be oon- strived to impose any obligation upon the OWNER by either the CONTRACTOR or hin Suroty. ~.lr f'li~?'4lTnN ~!Odi"i~Pz'i'.YJir,'lZPI l' T ;N'l' y 7 yI NTIO . The CONTRACTOR shall pay all royalties and .license foes, and shall. provi.do for the lane of any do sign, doll material:,or Process covered by letters patent or copy- Hilht by suitable lefal. agreement with tho patentee or owner. 'rho CONTRAC- `1OP r,hr,l.l dofend all. suits or claims for infringoment of any patent, orrop;r. yIiht rights and Shall indemnify and save the OWNER harmless from any ill on account thereof, except that the QYlNER shall defend all, such c,rits i i in.11 a and shall be responni.bl.e for all such loss when a particular design, doll ma.terial,or prooonn,or the product of a particular mall facturer or manufacturers is specified or required by the OWNER; provided, 7-15-60 14 hownwnr, if choice of alternate design, device, materi.al.,or process is al lowed Lo the CON1111ACTOR, then CONTRACTOR shall Indemnify and save 041NER lisLrmler,s from any loss on account thereof. If tho material or process spoo if red required by Lhe OWN1111 is an infringement, 1;ho CONTRACTOR shall ho rep pone i.l l_e for such loss unl.oss he promptly givoo such information to Lhe, t~~rRlI~,1+, I,AW,')',AL-1 O1911L&CI - The CONTRACTOR shall at all Lames observe and comply w1th all. Focloral, SLatc and local latest ordinances and regulations, which in any manner affect Lhe contract, or the work, and. shall indemnify rind save harnloss the 01-91E P aft.rin;;t, any claim arisinp from thn violation of an,y such lawn,, ordinance;, ,.inrl regulriLlons, whether by the CONTRACTOR or his eml>aoycer;, except where such violiW ons tore called for by the provisions of the Contract Documents, if Lhe CONTRACTOR observes that the plans and spoci- fications are at variance thorcwAt}t, he shall promptly notify the 8NGINEER In writing, and any nece.9sary changes shall be adjusted as provided in the contract for changes In the i•;ork. It the CONTRACTOR performs any work knowing It to W contrary to such laws, ordinances, rules and rogulati'ons, and without such notice to the PTOINEER, he ;hall bear all coats arising therefrom, In case the Owner is a body politic and corporate, the lair from which it derives Its pourers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which tho OWNER may ontar into contract, shall be contro1l.ing, and shall be considered an pars; of this contract, to the wren effect as though embodied herein. a.J A"SIGNA T AND SUI)LI'7"!':11G. 'rho CONTRACTOR further, agreed that he will. retain personal control. and will l;i.ve his p, i•sonal attrnnLion to the fulfill.- mont of this contract and that he will not assign by Power of Attorney, or otherwise, or sublet said contract without the written consent of the OiNEko and that no part or•.foature of the work will be sublet to anyone objectionable to the ENOINEER or the OWNER. The CONTRACTOR further agroos that the sub- loLting of any portion or feature of the work, or materials required In the porformanco of this contract, shall. not reliovo the CONTRACTOR from ills full ~~ob~l rri-~gations to tho OWNER, ,ts providod by this Agreement. .L j4 CONTRACTORtS AND 51113-COiy'j CTOR'a INSURANCE. The CONTRACTOR shall not coiw)onc.e work under thin conLract unta.l he has obtained all tho insurance, roqui.r od under the following :iuby5aragrnphn and much In;furanco has boon approved by Lhe OW111;R9 nor shall the CONTRACTOR allow an,y nub--contractor to comnurnco work on a tub-contr rcL unL:il, such sail-eentracLor has obtained cown- plnt,e+ in":ur't1ncc coverage; a., refluircd for Lhc; CONTRACTOR. ;i, LL.(,.2L!Yj~,ll3A` ION lNJt Jam;. The, CONTRACTOR sirtzl'1 procure and shall me iri twin (luring, the life of this conixact 6lorkmen's Compensation Insurance for all of his employees to be engaged in work on the pro,jeaL under this con- tract and, in ease of any such work sublet, the CONTRACTOR shall. require the sub•-oontrnctor similarly to provide Workmen's Compensation Insurance for all. of the lattor's employees -co be engaged in such work, unless such omnloyeas are covered by the protection afforded by the Contractor's Workmen's Compensation Inrruranco. In caso any class of employees ongaged in hazardous work on the project under this contract is not protected under the Workmon'cr Compensation f3tatute, the CONTRACTOR shall provide and 7-1.5-G0 1 ;hall "Uno oarh sub-contractor to Provide adequate limployer'n General Lia- bi11Q bourance for tlic protookion of such of his en;pl.oyces not otherwise protectod, 3.1)7 C(iPJ P I S I S M TC LTAMLITY AND >~RCPrFfPY DAMAG$ UN CE- CON.- TRACTOP shall procure; and shall maintain during the life of this contract Cont;nct.or's Public Liability Insurance in an amount, not less than $50,000.00 for in±uriee, including accidental death, to any one person~ end subject to the same limit for each person, in an amount not loss than il;7.00,000.00 on ~ account of one accident, and Contractor's Property Damage Innurance in an amount of not loss than $25,000.00 on account of one accident and $50000,00 aggrepa te. 3.177 QTT0 AL LT l31h1TY. The CONTRACTOR shall furnish insurance as separ- ate policies or by additional: endorsement to one of the above mentioned poli- cies, and in the 'amount as set'forth'for public liability and property damage, the `Pdllo"ing insurance: (u) Contingent' tiabi.l'ity, (b) Blasting, prior to any blasting being done. (c)' Collapse of buildings or structures adjacent to excavation (if excavations are to he porformed adjacent to name), (a) Damage to underground utilities. (e) nuilders risk (where above-ground strictures aro'invol.ved). 3.1.7~I A17't0~11nJIIJ1f !US-111 AN3i Of?TL I.~----..P-. ry AN 1'ItOP 1'{g'Y DAhfAOt The COtl- 1RACTO shall nrocnrre and maintain, during the, Hfo of this Contractt Automobile Tnsurancc in an amount not loss than $25,000 for injurtoss including accidental death, to any one person and subjoct to the same limit for each per- son, an amount not less than $50,000 on account of one accident, and automobile property damage insurance in on amount not less than $5,000. 1L!Y5.._ZC(1 _f11 OIL IN;;t! r NCB, 00 5Pi GTAL HI MARD. The Insurance required under the abovo paragraphs n1vi 1 provide adoquatn protection for the CONTRACTOR and his sub-eontractorn, rospnatively, ngninst Onmage claims whirh may arise, from operations under this contract, whether such opernti-onn be by the :Insuroci or by any one dircetl,,y or indirc.r,tL,y (»nployod by him. Insurr,nco also stsall. IA pl'ovidod -rgni.n„t spcclal hnr,ards, if any, as may lx, set forth )n the Special Conditions or Special Provision", or clsowhere In these Contract Documents, 3.J76 P1tO~ OIOP CAIIRIA L; OF 1Rjji/HQK Tho CONTRACTOR shall furnish the OWNER with satinfactory proof of coverage by insurance required in thane Contract Documents in amounts and by cirriera satisfactory to the OWNER. Proof of Carr1Ag0 of innurnrloo by sub-oontracturt shall also be furnished, 705-6o 16 1b. PROSECUTION AND PROGRESS 4N 01 TIME AND ORDER 01+ COMPLETMhT. It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the CONTRACTOR shall be allowed to prosecute his work at such times and seasnns, in such order of precedence, and in such manner as shall be most conducive to econ- omy of construction; provided, however, that the order and the time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and speoi- fioations, and within the time of completion designated in the Proposal,; pro- vided, also, that when the OWNER is having other work done, either by contract or by his own force, the ENGINEER may direct the time and manner of construc- ting the wort: done under this contraot, so that conflict will be avoided and the construction of the various works being done for the OWNER shall be har- monized, The CONTRACTOR shall submit, at such times as may reasonably be re- quested by the ENGINEER, schedules which shall show the order in which the CONTRACTOR proposes to carry, on the work, with dates at which the CONTRACTOR will start the several parts of the work, and estimated dates. of completion of the several parts, 4.0 T NSION 0• ~ j' J=, Should the CONTRACTOR be delayed i.n the completion of the work by any act, or neglect of the OWNER or ENGINEER, or of any omploy ass of either, or by other contractors employed by the OWNER, or by changes ordered in the work, or by etrikos, lockouts, fires, and unusual delays by common oarriers, or unavoidable cause or causns beyond the CONTRACTOR'S control, or by any cautie which the ENGINEER shall decide Justifies the delay, then an extension of time shall be allowed for completing the work, suffi- cient to compensate for the delay, the amount of' the extension to be deter- mined by the ENGINEER; provided, -however, that the CONTRACTOR shall give the ENGINEER prompt notice in wri6ing of the cause of such delay. L.D`i 1 1 CE 1 p i , No claims shall be made by the CONTRACTOR for damages resulting from hindrhnoes or delays from any cause (except where the work is stopped by order of the OWNER (luring the progress of any por- tion of the work embraced in this oontra7t. In case raid work shall be stopped by the Act of tho OWNER, then ouch oxpense as in the judgment of the. ENGINEER Is cauned by ntah si,oppa;e of said work shall be paid by the OWNER to the CONTRACTOR, LO4 LIQ I•lUA'P ]7Ali` Tim, CONTRACTOR agrees that time is of the ossence of this contract, and. that for each day of delay beyond the number of days herein agreed upon f'm thn compl.otion of the cork herein specified and con- tracted for (after due I wnimo for such extension of time as is provided for under Extenni.on of Tivic ,toreinabove), the OWNER may withhold m rmanently from the CONTRAMI)M 5 tot&) compennation, the sum set forth in the Speoial Conditions or S ecial. Pro•isions (or an elsewhere set forth in these Con- tract Documents}, as stipulated liquidated damages for such delay. 7-15-•60 5. MEASU$EMENT AND PAYMENT AgU~NTa'I~IE~ANJ MEA9(IItE F;N_i' No extra or customary moasurements of any kind will bo al.lowod, but the actual. measured and/or Computed length, area, nolid contonts, number,and weight only shall, be consideitiici, unless otherwise speolfi.oal.ly provi(aod. Z~42__ ' l 'Pf71 rrAN7'Z'I- Thin armoment, including the epooifi.oati.ons, plans a>tcl estimate, is intencled to show clearly all work to be done and materi- al to bo furnished horounder, Where the estimated quantities are shown for the various cl.ussors of work to bo done and material to be furnished under this contractq they are approximate and ttrc to be used only an a banio for ostimatL- ing tho probable coot of the work and for comparing, the proponalrr offered for the work. Tt i.r understood and agroed that the actual amount of work to be clone and material to ta furnishod undor Lhis contract may differ somewhat from these onti.mateo, and th,rt where the basis for paymont under this eontraot.in the unit price method, payment shall, be for the actual amount of such work .one al.d the' material: turnishedo Where payment is based on the unit price method, the CONTRACTOR agrees that he will make no claim for "damages', anticipated profits or otherwise on account or any differences which may be found between the quantities of work actually done, the material. actually furnished under this ~.jntraot and the estimated quantities contetiplated and contained in the proposal,$ provided, however, that incase the actual quantity of any item should become as much as 25% more than, or 25% lens than the entimated or contemplated quantity for such itoms, then either party to this Agreement, upon 'demrand shall be entitled to a revisr3ei'oonsideration upon the portion of the work above or below 25% of the ehtimated quantity, Any revised consideration i;r to be dotoihnined by agreement between the parties, otherwise by the terms of this Agreement, as provided under "Extra Work". --0'i rlll"C OF PJLK. In oontiidorati.on of the furnishing of all the necessary labor, equipment and material., and the oomploti.on of all work by the CONTRACTOR, and on the completion of all 'work arid of the delivery of all material. embra.ood in thid'Covitract in full conformity with the spocificationn and stipulations herein oontttlnodi the OWUR agroos to pay the CONTILAOTOR the Prices set forth in the Proporsal heroto 'attat:hod, which Me been made a part of this contract. The CONTRACTOR hereby agrees to receive such prices in full. for furnishing all matorial and all labor required for the aforosai.d work, also for all expense incurred by him, and for well and truly performing the same and the whole theroof in" tho runner and according to this Agreement, the attaohsd apecifi- catibris std roquiromoritu of the ENO1N1,hR, 5.Q4 PARTIAL P ' =T On or before Lho loth'6ay of each month the ENGINEER shall. prepare a staLement showing AS complotcly an prnctierzt>l.e the 'total valuu of the work dons by tho CONTRACTOR up to ant) including the last day of the precoding month) 'maid statemont shrill. also `inol.ude the value of Al.l'sound. materials delivered on tho si.to of Clio work that are to be fabricated into the work. 7-1>-GO 10 The OWNER shall thin pay the CONTRACTOR on or before the lath day of the current month the total. amount of the ENGI:IPIER'9 statement, loss 10 percont of the Amount thereofv wh:Ych 1.0 porcent shall, be retained until final. payment, and furthea• less all previous payments and all further sumo that may be rotainod by tho OWNER under the Lorms of this Agreement. It is understood, hormver, that, in ruse the whole work be near to completion and some unexpected arid unusual delay occurs due to no fault or nogleet on the part of the CONTRAC'T'OR, tho OWNER may - upon written recommendation of the ENGINEER - pay a reasonable and equitable portion of the retained percentage to the CONTUCTORI or the CON'T'RACTOR,at the OWNER'S option, may be relieved of the obligation to fully complete the work and, thereupon, the CONTRACTOR shall receive payment of t}te balance dtio him under the contract subject only to the conditions stated under "Final Payment", 5.05 USE O1 COMPLETE'n `QRT1Q , The OWN1,R [;hall have the right to take possession of 'and use any nompletod or partially completed portions of the work, notwithstanding the time for completing the entire work or ouch por., tions MAY not have expired but such taking possession and use shall not be deemed an acceptance of any work not completed in acoordancewith the Contraot'Doeuments, If such prior use iliereases the lost of or delays the work, the CONTRACTOR shall be entitled to such extra oompeneation, or extension. of time, or both, as the ENGINEM may dsterminc, 5,06 FINAi, COT21U1ION ANU AM C , Within ten (10) days after, the CON'T'RACTOR has 'given the ENOINEI R written notioe that the work has been completed, or eubk3tantially completed, the ENGINEER and the'OWNER shall inspect the work and within said time, if the work be 'found 'to be coml. pleted or substantially completed in accordance with the Contract Docu- monts, the ENGINEER shall issue to the OWNER and the CONTRACTOR his Certificate of Completion, And thereupon it shall be the duty of the OWNER within ten (10) days to issuo a Certificate of Aceoptanae of the work to the CONTRACTOR. 5R2 t'I-_.~__AI, PA ME Z', Upon tho issuance of the Certificate of Comp)etion, the ENOMER e;hrall proceed to rnako final. measurements and prepare final. statement of the value of all work performed and materi.alo furrrinhed under the terms of the Agreement and shall cortiCy same to the OWNER who shall pay to the CONTRACTOR on or after Lho 30th day, and before the 35th day, after the date of the Certificate of Completiont the balance due 'the CONTRACTOR under the torme of thin Agrcemont, provided. he has fully per- formed his contractual obligAtions under the terms of this contract] and said payment shAft become due in any event upon said performance by the CONTRACTOR, Neither the Certificato of Acceptance nor the final payment, nor any provision in the Contract Documents, shall r-Alieve the CONTRACTOR of, the obligation for fulfil.lmont of any warranty which may be required i.n the Speoial Conditions of the Sryoifi.cations. 5.Oa AYMENT_ s wLT~IILMo . The OWNERmay, on account of Aubsequently dib- covered ovidenoo withhold or nullify the whole or part of any certificate to ouch extent as may be necessary to protoot himself from loan on account off 7-1.5-6n 19 (a) Defective work not remedied, (b) Claims filed or reasonable ov.i.dcnce lk'(110ating probable filing of claims, (c) 1"ailur0 (,f the CONTRACTOR to snake payments properly to sub-contractors or for material or labor, (d) 1)amtago to another contractor, When the above groun(b are remov0d,or the CONTRACTOR provides a Surety Bond satisfactory to tho OWNrot, which will protect the OWNER in the amount withhold, payment filial.]. be made for amounts withhold because of them, 5A09 D AY T) PAYMENT Should the OWNER fail to make payment to the CON.. TRACTOR of.the sum named in any partial or final statement, when payment is, due, or should the ENGINEER fail to issue any statement on or before the date above provided, then the OWNER shall pay to the CONTRACTOR, in addition to the sum shown as due by such statement, interest thereon at the rate of six (G) percent per annum, ,unless otherwise specified, from date due as provided under "partial Payments" and "Final payments", until fully paid, which shall, fully. liquidate any injury to the CONTRACTOR growing out of such delay in payment, but the right is oxpressly reserved to the CONTRACTOR in the event payments be not promptly made, as provided under "Partial. Payments",at any time thereafter to treat the contract as abandoned by the OWNER and recover compensation, as provided under "Abandonment of Contract", unless such payments are withheld in acoordanos with the provisions of "Payments Withheld". G. EXTRA WORK AND CLAIMS 6.01 )jTIU1 WORK, It is agreed that the CONTRACTOR shall, perform all Extra Work under the direction of the ENGINEER when presented with a Written Work Order signed by the ENGINEER, subject, however, to the right of the CONTRACTOR to require a written confirmation of such Extra Work Order by the OWNER. It is also agreed that the compensation i:o he paid the CONTRACTOR for performing nai.d Extra Work shall be dotormined by ono or more or the following methods$ Method (A) By agreed unit prices; or Method (13) By agreed lump sum; or Method (C) - If neither Method (A) nor Method (B) be agreed upon before the Extra Work is commenced, then the,CONTRAOTOR shall be paid the "actual field cost" of the work, plus fifteen (15) Pei-cent. In the event said Extra Work be performed and paid for under Method (O), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all. workmen, such as foremen, time- keepers, mechanics and laborers, and materials, supplier, teame,. truoke, and rentals on machinery and equipment, for the time actually employed or used on such Extra Work, plus actun.1 transportation charges necessarily incurred, to- gether with all power, fuel., lubrioants, water,and similar operating exPienses, 7-3.g-60 20 also al.l. necessary inoidental. expenrusn 1.n(urrrd diroolAy on account of nueh Extra Work, including; Social. ')ocurl.ty, Ol,d At!(! '!,-nefits and othor payroll. taxes, and a rateable proportion of promiumn nn Performance and payment Ilondrs, and MaIntonance Bonds, and on Publ.io bi-ability and Prop- arty Damage, and Workmen's Componsation, nrnd al-.1 othor insurance as may be required by any Iaw or ordi.nanco, or d.iro(And by the ENGINEER or OWNER, or by them aj roai to, The ENGINEER may rii root 1;110 form in which aocoants of the "actua). fio1d coat" nhal.l be kept and the records of thcho accounts shall I>- mardr, rrvail.rtblo to the ENOVINER, The ENGINEER may also .q)eoify in wr•i.t:i ng;, befon the work comsnoncen, the method of doing the work and the type and kind of machinery and equipment to be ursedt othorwi.sn those mattoro shall. bo determined by the CONTRAC'T'OR. Unless otherwi,so ag;rcrcd upon, the 1;rioes for the ur,o of machinery and equipment nttal.a. be detorn,tinod by using 100 porcent, unless otherwri.se spooified, of the latest schodulo of lsquiua,0nt Ownrrnhip Expense adopted by the Associated Oonoral Contractors of Arteri.oa. Whore practicablo the terms and prices for the uno of machinery and aquipmont sh,falt be inoor- poratod in the Written Extra Work 'Ordor The fifteen (1:5%) percent of the "actual fiol.d cost" to be paid the CONTRACTOR ahal;l cover and com- pennate him for his profit, overhead, (enoral. sttperintondenee and field office expanse, and a'.]. othor olomonta of cost, and o/.ponse not embraced wi.t'.tin the "actual. field eont" an herein dofinad, Savo that where trn CONTUCTOR'S Camp or F l-al.d Office must be malnUd.nod primarily on account of suoh Extra Worki then tho cost to maintain and opprate the name shall tx iictuded. in the "actual field cost,", No claim for 'Extra Work a" any kind wI.l l be. allowed unl,osrs ordered in writi.np by the X'11t{1NE2R. Tn cnhr, any ordure or insfruoti:onrs, either oral, or, written, apl,car to the CONTRAC'IT)R l.o invol_vo Extra Mork for which he s1hould rocnive eomfennation or an adjurdsmcnt, .ln tho conntruc- Lion time, he sha.l 1. mako written raRucgt to the f;NC.11JP;NIt for writton order authoriving tsuch Extra I'lork. Shoul.d it difforonc0 or opinion ariso an to what does or doe,-, not const,ttute ]extra Work, or al") to the payment therefor, and the ENVOC R insists upon its performance, the CONTIACTOR shall proceed with the work after riakirlg; wi.tten rernetst for written order and shall keep. An accurate account of the "AOtuAT field cohtfe thereof, as provided srnder Method (C), The CONTRACTOR will thereby preserve the right to submit the matter of payment to arbitration, 'ctrl hereinbo'low provided. {k( ~11'h OJ ;;?U, IN C1ACid5, It in further ngrond by both parLion hereto that all. quentiono of dinpute or ad,jusLmont'prot;onted by the CONTRACTOR shall be in writing And fi'led-wl.th the ENGINEER within thirty (30) days after the ENGTWER has given any di.rcotions, order or :instruction be which the CONTRACTOR deni'roo to take oxeopti.on. The LN01NEER shall., within a reasona'ol.o time, reply to such written excepti.one by the CON- TRACTOR and randev hi.s final doaioion in wr.lti.ngb In case the CONTRACTOR should appeal from the I.NOTNEER'S deo:ision any demand for arbitration shall be "til.ad with the I:NOTNEER tend the OWNER In writing within ton (10) days after the data of do l ivory to CONTRAGPOR of the ENOINLfi108 .f.i.nal dacisi.on. It is further agreed that final, aoceptance of -the work by the OWNER and the acceptances by the CONTRAC'T'OR of the final, payment, shall bo it bar to any claims by either part;,y, oxoopt whera notod otherwi.no in the Contract Documents, 6 n _ARBITRATION. All questions of dispute tinder this Agreement shall be sub- mit Lod to arbitration at the request of either party to the dispute. The parties may at!rre upon one arbiter; otherwise, there sliall be three, one named in writing by each party, and the third chosen by the two arbiters so selected; or if the arbitero fail to select a third within ton (10) days, ho shall be ehw;on by a District Judge serving the County in which the major portion of the project As locatod, unless othorwi.so specified. Should the party c>omantiing arbitration fail to name an arbitor within ton (10) day; of the demand, his right to arbitraLo shall. l.apso, and Lhn derision of the ENGINXER shall be final and binding on him. Should tho other party fail. to ohooso an arbiter within ton (7.0) days, tho I;NOINEIER nlial;l appoint such arbi.tor, Should either party reruns or nogl.oet to supply tho arbiters with any papers or information demanded in writing, the arbiters are empownred by both partlos to take ex party proceed- ings. 'Ilie arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract. 'f'ho decision of the arbiters upon any quastion submitted to arbitration ,,ider this oontract shall be a condition precedent to any right of legal action. The decision of the arbiter or arbiters may be filed in court to carry it into effect. The arbiters, if -they deem the oasa demands i.t, are authorized to award the party whose contention is sustainod, such sums as they doom proper for the timo, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damagesfbr any delay occasioned thereby. Tho arbiters shall fix their own compensation, unlearn otherwise provided by agreement# and shall assess the cost and charges of the arbitration upon either or both parties. The award of the arbiters must bo made in writing, 7. ABANDONMENT OF CONTRACT ZLQI~~A} D O11i1~N'1' 13Y CON't'ItAC'lOlt, In case the CONTRACTOR should abandon and fail or refuse to resume work within ton (10) days after written notification from the OWNER, or the ENGINEER, or if the CONTRACTOR fails to comply with the orders of the ENGINEER, when such orders are consistent with the Contract Documents, then, and in that case, where nerformanee and payment bonds exist, the Surety on the bonds shall be notified in writing and directed to complete the work, and a copy of said notice shall. be delivered to the CONTRACTOR. After receiving said nol,i.cc of abandonment, the CONTRACTOR shall. not remove from the t,* rk any machinory, equipment, toolsp materials, or supplies then on the job, but the same, togethor with any materials and equipment under contract !'or the work, may bo hold for use on the work by the OWNER or the Surety On the performance and payment bonds, or anothor contractor in com- pletion of the workt and the CONTRACTOR shall not roceivo any rental or crodi.t therefor (except when used in connection with rXtra Work, where credit shall be allowed as provided for under Sootion 0, Extra Work and Claims), if. being understood' that the use of such equipment and materials will ultimately re- duce the cost to complete the work and be reflected in the final sottlemcnt. 7-15-GO 22 Where there, in no performance bond provided or i.n case the Surety should fail to commence compliance with the notice for completion herein- before provided for, within ten (10) days after service of such notice, then the OWNER may provide for completion of the work in either of the following elective manners. "1,011 The OWNER may theroupon employ such force of men and use such machinery, equipment, tools, materials, and supplies as said OWNER may daem necessary to complete the work aria charge the expense of such labor, machinery, equipment, tools, materials, and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out, of such moneys as may be due, or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement. In case such expense in less than tho sum which would have) boon payable under this cone- tract if the same had been completed by the CONTRACTOR, then said CON- TRACTOR shall receive the difference. It, case such expense is greater than the sum which would have been payable tnder this contract if the same had been completed by said CONTRACTOR, then the CONTRACTOR and/or his Surety shall. pay the amount of such excess to the OWNER{ or 7,012 The OWNER, under sealed bids, after five (5) days notice published one or morn times in a newspaper having goneral circulation in the county of the location of the work,, may lot the contract for the completion of the work under substantially the carno terms and conditions which are pro vi.derl In this contract. Tn vaco of any inorease in cost to the OWNER under the now contract as compared to w.tnt would have been the cost under this ronl,ractp such i.ncreaso shall be charged to the CONTRACTOR and the Surety ahall, be and remain hound therefor. However, should the cost to oomplete any nuch new contract, prove Lo be less than whaL would have boron ' the cost to romploto under this contract, LhF. CONTRACTOR and/or his Surety shall be credited with the differenco. When the work shall have boon aubstnntially completed the CONTRACTOR and his Surety shall be no notified and Certificate;3 of Completion and Acceptance, as provided in Paragraph 5.06 horei.nabove, shall. be issuod. A complete itemized statement of the contract amounts, certified to by the ENGINEER an being correot, shall. then be prepared and de'livered'to the CONTRACTOR and his Surety, whereupon the CONTRACTOR and./or his Surety, or the OWNER as the case may beg shall pay the balanco due aF reflected by said statement, within fifteen (1,5) days after the duto of such certificate of Completion. In the event the statement of accounts shows that the cost to com- plete the work in less than that which would have bF,en the cost to the OWNER had the work been completed by the CONTRACTOR under the terms of this contraeti or when the CONTRACTOR and/or his Surety shall pay the balance shown to be due by them to the OWNER, then all machinery, equip- ment, tools, materials, or supplies loft on the site of the work shall be turned over to the CONTRACTOR and/or his Surety. Should the cost to complete the work exceed the contract price, and the CONTRACTOR and/or his Surety t'ai'l to pay the amount duo the OWNER within the time desip,- natod heroinabove, and there remains any machinery, equipment, tools, 7-:i.5 60 23 materials, or supplies on the site of the work, notice thereof, together with an itemized ltnt of such equipment and materials shall be mailed to the CONTRAC'T'OR and his Surety at the respective addresses designated in this con- tract; provided, however, thnt actual written notice given in any manner will satisfy this condition. Aftu r mailing, or other giving of ouch notice, such property shall be held at the risk of the CONTRACTOR and Me Surety subject only to the duty of the OWNER to exercise ordinary care to protect such property, After fifteen (15) days from the date of said notice the OWNER may sell such machinery, equipment, tools, materials, or supplies and apply the net sum derived from such sale to the_credi.t of the CONTRACTOR and his Surety. Such sale may be made at either public or private sale, with or withuut notice, as the OWNER may elect. Tho OWNER shall release any machinery, equipment, tools, materials, or supplies, which remain on the work and belong to persons other than the CONTRAC- TOR or his Surety, to their proper owners. The books on all operations provided heroin shall. be open to the CONTRACTOR and his Surety. 2.02 APANONM NT 131' OWNER, In case the OWNER shall fail to comply with the terms of this contract, and should fall or refuse to comply with said terms within tor, (10) (lays after written notification by the CONTRACTOR, then the CONTRACTM may suspend o wholly abandon the work, ar i may remove therefrom all. machinery, tools and equipment, and All materials oil the site of work that have not boon inc3ided In payments to tho CONTRACTOR and lave not been wrought into, the work. And thereupon, tho MINE?& shall make an osti:mate of the total, amount earned by the CONTRACTOR, which estimate shall inoJude the value of' all work actually completed by said CONTRACTOR (at the prices stated in the attached proposal where unit price;; are used), the value of all partially completed work at a fair and equitable lrice, and the amount of all Extra Work performed at the prices agreed upon, or pruvi('ed for by the terms of' this con -raetand a, reason- able sum to cover the cost of any prov.tsions made by the CONTRACTOR to carry the whole work to completion and which cannot be utilized. The ENG7NE>✓ Mal) then make a final statement of the balance due the CONTRACTOR by deduo,ting from the above estimate all. previous payments by the OWNER, and all other sums that may be retained by the OWNER under the terms of this Agreement, and ahall certify same to the OWNER, who shall pay to the CONTRACTOR, on or beforn thirty ()0)' clays after the date of the notification by the CONTRACTOR, the balance shown by sai.d final statement as due the CONTRACTOR under the terms of this Agreomento 7-1.5..G0 211 At QW-Mall The speoifications contain detail instructions and descrip- tions covering the major items of materials, construction and workmanship necessary for building and completing the various unite or elements of the projoct. 'rho specifications are intended to be so written that only first class materials, workmanship and finish of the best grade and quality will result, The fact that these specifications may fail to be so complete as to cove.^ all details will not relieve the Contractor of' full responsibility for providing; it completed project of high quality, first class finish and appearance and rsatisfaotory for operation, all within the apparent intent of the plans and spocificaLions. DO on 7, ; These specifications are intended to bar so written that only materials of the beet quality and grade will be furnished, The fact that the spocifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing mater- ials of high quality. The specifications for matorials set out the minimum standard of quality which the Owner believes necessary to produce a sati.s- factory project, No substitutions will be permitted unless the Contractor has received written permission of the Engineer to make a substitution for the material which has been specified. inhere the term "Or Equal" or "Or Approved Equal" is used, it is understood that if a material, product or piece of equipment bearing the name so used is furnished, it will be approvable as the particular trade- name was used for the purpose of establishing a standard of quality accept- able to the Owner, If a product of any other name is proposed for use, the Engineer's approval thereof must be obtained before the proposed sub- stitute is procured by the Contractor, «herevor the term "Or Equal" is used, it is understood to mean "Or Approved Equal". The manufacturer of each item of material and/or equipment shall furnish the Owner with a sworn statement that all material furnished by him under this contract complies with these specifications and all appli- cable A.S.T,14.1 A,W,W,A., A,a,A., and Federal Specifications as set forth herein. Underra Contraot shalfibe thheproductmof manufacturerspwhotarerknownd to be skilled and who havs been regularly engaged for a period of five years or more in the manufacture of each specific type of equipment, or its counterpart. D. aiapj4_9f._L90&Jop: No change in the alignment is contemplated, How- ever; should a change be necessary due to difficulty in right-of-way, or other reasons, the Owmor reserves the right to make such change. Unless 101-1 OWN it can be clearly shown that, such change works an unduo hardship on the Contractor, no extra compensation will be allowed the Contractor, except as provided by unit prices applicable to such changos, L 1fatl~t__Aabroyt The Contractor nhall remove from the site any materials found to be damaged and any materialn not meeting the spooificati-one shall ba taken off the site. These materials shall be removed promptly, unless the Engineer will accept the materials after ro- pairing. Dta,terials found to be damaged, or not accoptablo to the Engineer, shall be removed if installed and then found to be damaged or not accept- able. Inspection before installation shall not relieve the Contractor from any responsibility to furnish good quality materials. F. VgJp fs--C-o-rWt=2t19 ,i The Owner will furnish water for construction at no cost to the Contraotor. Water will be available at points on the distribution system. The Contractor will be required to furnish such taps, connections, lay lines, eto., necessary to obtain the water at his expense. All. connections shall be subject to the approval of the Owner, Q. 110,',kMnPh!at Those specifications contain detail instructions and descriptions covering the major items of construction and workmanship necessary for building, and completing the various units or elements of the project, The specifications are intended to be no written that only fir.et class workmanship and finish of the hest grade and quality will result. The fact that these t3pecif.ications may fail to be so complete as to cover all details will not relieve tho Contractor of full rosponni- bSlity for providing, a completed. project of high quality, first class finish and appearance, and satisfactory for operation, all within the apparent intent of the plans and specifications. H. ea zg an 9xuJLb &t The Contractor shall do all clearing and grubbing necessary for construction operations, All trees, branohomo limbs and roots shall be removed and disposed of by the Contractor so as to leave the right-of-way in a neat and presnntablo condition. Clearing and grubbing shall be done so as not to injure or damage adjacent property. In disposing of brush, particular care shall be taken so as to eliminate the possibility of starting a grass fire, I. Woss Where it is necessary for the Contractor to out, fences, such fences shall be proteoted, repaired and replaced by the Contractor in a condition equal to, or better than, the original condition, Cuts in fences shall be made in a neat and workmanlike manner and the Contractor shall be responsible for prevention of loss of stook, or pets through gates, breaks or gaps in fences due to construction operations. Prior to cutting fences, gates should be oonrtruoted as shown on thn Plano. is a£etyt1~ pxo _ x ri t ~lj ) Ades. a~cl gl~ ~ ftl y,I!P-2~I To protect persons 101-2 from injury and to avoid property damage, adequate barricades, construc. tion signs, torches, red lanterns, and guards as required shall bo placed and maintained during the progress of the construction work and until it is safe for traffic to use the trenched roadway. Whonover required, watch- men shall be provided to prevent accidents and no extra compensation will be allowed therefor. Rules and regulations of the ].coal. authorities respeoti.ng safety provisions shall be observed. (2) . Jf AP-AlLIt- ~~pS~~i Excavations for pipe laying tperations traffictmustncross manner open to cause h the least Contractor interruption hall provide suitable bridges at street intersections and driveways. (3) Qw ~f_ ng„~ cl_S~ro~,g iptW.DD I Provisions shall be made for the flow of storm and sanitary sewers, drains and water courses encountered during the construction and the structures which may have been disturbed shall bo satisfactorily restored. upon completion of the work, (4) Pro-t ttk LI rptgc-iogi Trees, fences, signs, poles, guy wires, and all other proporty shall, be protected unless their removal is author- ized; and any property damage shall be satisfactorily restored by the Contractor, The Contractor shall make adequato provision for the protection of permanent paving, both concrete and asphalt, from damage by construction equipment. END OF ITEM 101..3 TEtd 0 102,,,-_~KC~'~~N_~N~pACK~FILIz A,^a1'ati0rl 1• 4011 The Contractor shall make such excavations as may be required for the construction to line, grade and extent indicated on the plans for the gravity sorters, manholes, and incidentals thereto. Water encountered in excavations shall be attended to by the Contrac- tor who shall do all bailing, pumping and dewatering at his expense, no that foundations, walls, pipe 'lines, and all other structures may be con- struoted "in the dry". Earth from excavations shall be used to backfill around structures as required, Earth from excavation not required for bajkfill shall be termed surplus earth" and shall be removed by the Contractor. The Contractor will be permitted to spread the "surplus earth" along the route of the project. The earth shall bo untformly rounded over the trench for a width of twerity (201) feet, All rock larger than sir. (611) inches shall be removed from the site at the Contractor's expense. 20 Class f;Zgt1.0.9f r,12WaYpkion1 All excavation shall W "unol.aseified" and involves the removJng of all materials necessary to permit the carrying on and completing; of the work. The Contractor, prior to submitting a Pro- posal, must satisfy himself as to the actual sub-surface conditions:. No extra or noparate payments for rock excavation will bo made. Attention is called to the fact that the Owner has had several test holes drilled along the route of the project. The logs as determined by this testing are sho<<m on the Plans. This test hole dai,a is furnished for information only and the Owner does not auarr.ntee its acouracy. 3' '1-vas Excavation shall extend a sufficient dit+tanoe froth the walls and footings to allow for forms, installation of servic es, and for inspection except whore concrete for walls and footings is author-, ized or required to be deposited directly against excavated SW1110e,1. Where the excavation is made below the elevations indicated on the drawings or directed by the Engineer through the fault of the Contractor, the excava- tion shall be restored to the proper elevation with lean concrete or, other selected material, at the expense of the Contractor. In order that tho Engineer may judge the adequacy of a proposed founda- tion, the Contractor, if requested, shall make Soundings to determine the character of the subgrade materialo* The maximum depth of such soundings will not be required to exceed five (51) feet below the proposed footing grade. It is the intent of this provision that soundings shall be made at the time the excavation in each foundation is approximately complete. 102-1 The final elevation to which a foundation is to be constructed shall "be as shown on the drawings or as raised or lowered by written order from the Engineer when much alterations are judged proper to natisfaotorily comply with the design requirements for the structure. Should it be found necessary to increase the depth of footings from that shown on the draw- ings, the necessary alterations In the details of the structure shall be accomplished in a manner as directed by the Engineer, who shall have the right to substitute revised detail:g if necessary. When a structure is to rest on an excavated surface other than rock, epeoial care shall be taken not to disturb the bottom of the excavation, and removal of the last material required to roach foundation final grade shall not be performed until just before the footing is to be placed. ti. Lnoh ~.inn (a) UwarrAls The Contractor shall provide beaorg commencing any excavating, ample equipment and Moring material to insure that the work be carried on without interruption and in such manner as to prevent damage to existing installations. Blasting will be permitted only when specifically approved b-, the Engineer. Blasting will not be permitted in close proximity to 1,_,lsting structures or utilities which may be damaged from such operation or within 20 feet of sanitary sewers or water mains G" in diameter or over. Blasting will be permitted only after proper precautions are taken for the protec- tion of persona and property, blhon blasting is authorized, the blast uhall be covered with heavy timbers chained together, a rope mat or mome other equally effeotive method. The amount of explomives in each charge and the number of simultaneous discharges must be so limited that no damage will be caused to existing utilitiom, struoturest improvements or property of any kind. Not more than 50 pounds of dynamite shall be kept on tho site of the work at any time, The exposed end of the pipes shall be covered with plank during each blast. Any damage caused by blasting shall. be repaired by the Contractor at his expense. The Contractor's method of procedure relative to blasting shall conform to the state law and municipal ordinanoes. Excavations for pipe laying operations shall be conducted in a manner to cause the least interruption of traffic. Where traffic must cross open trenches, the Contractor shall provide suitable bridges at street inter- sections and driveways. The use of machinery must be so well regulated and careful as to preclude possible danger or damage to existing struc- tures and/or utilities. Wherever necessary to determine the location and depth of existing pipes, valves or other underground structures, `he Contractor, after an examination of available reoords, shall make all explorations and excava- tions for euA purpose. 102.2 All excavated material shall be piled jr, such a manner that it will not endanger the work in progress and will avoid blocking sidewalks and driveways or obstructing traffic., Drivoways must bo immediately cleared to permit free ingress and egress. Gutters and drainage nhannele shall be kept rrlear, or other moans of securing proper drainage shall be pro- vidod, (b) ygtion_: All trenches shall be excavated to the lines and grades shown on the plans or as directed by the ligineor, Excavation shall be carried to a depth below profile grade, as nocessary to permit the installation of embedment material required for the pipe. The amount of open ditch shall be limited to 1500 feet except when additional amounts are approved by the s gineer, The sides of the excavation shall be out and maintained as noarly vertical as possible. The width of the trench excavation at the top of thr pipe shall conform to the following maximum and minimum dimensionst Nominal. Width of Trench at Top of Pipe UM-Ma _W_ithout sheennx ant Brae,.n ula= z1" 24 f, 43" 4911 b6" 52 n *If sheeting and bracing is required, the maximum trench width may be increased by four (411) inches, hell. holes shall be excavated for pipe bells of a depth to provide a minimum of 11 of embedment material below the outside of the bell, Trenohes shall be dewatered so that all pipe laying may be performed in the dry. All water removed from trenches shall be conducted to natural drainage ways, drains or storm sewers in such a manner as to prevent dmmuge to property or the public. Pumps of ample capacity and in dttplioate must be provided to insure that once an excavation is made dry, the water will be kept clown until that part of the structure under construction is com- ploted, Where r.9ooseary to prevent oaving or undue hazardous working condi- tions, trench walls n hall be sheeted and braced. Where sheeting and bracing aro used the trench width shall be increased accordingly, Trench shooting shall remain in place until the pipe has been installed, and the earth backfi.ll completed to a depth of two feet over the top of the pipe. All shooting shall be removed. unless ordered by the Engineer to be loft in pl.aoo. The entire ,foundation area in the bottom of all excavations shall be firm, stable materials and unless neoessary, material shall not be dis., turbod below required grade. Mere the character of the foundation material 102-3 is such that, a proper foundation cannot be obtainer) at the elevation indi. coated by the plans, than whon directed in writing by the Engineer, the Contractor shall deepen the excavation to where a satisfactory foundation can be obtained, If the subgrade is soft, spongy, or disintograted, the material shall be removed until a firm stable and uniform bearing is reaohod and the subgrade brought back to the required grade with material compacted in place or with granular or eonorete embedment materials. If the unsatis- factory subgrade condition is due to the Contractor's failure to make a proper provision for adequate drainage of excavations, then the expense of replacing any une%tisfaotory subgrade shall be borne by the Contractor, However, if in the opinion of the Engineer the unsatisfactory subgrade con- dition is not the result of the failure of the Contractor to provide ade- quate drainage, bailing or pumping facilities, and the Engineer orders in writing t!at thm Contractor make additional excavation and replace unsatis- factory subgrade material, then oompensation will b~% made, sr~g.i:~,r+~,t In the preparation of the plans, the Engineer has indicated the general location of certain under- ground utility lines which are known to the Engineer, It is probable that some main utility lines have not been sho,„-,) and no attempt has been made to show service lines, Honce, it is not guaranteed that all utility lines or structures are shown on the plans. PrioP to the start of construction the Contractor shall uommunioate with the proper representative of all the utility systems, included but not limited to, the water and sewer depart- meats, the pas company, slsctrio company, telephone company and any other private utility companies and advise said representative of the route of the proposed onotruction in order to obtain the assistance of the utility in the location of and in the avoidance of conflicting utility lines, Whore excavation endanro rs adjacent structures and utilities, the Contractor shall at his own expense carefully support and protect all suoh structures and/or utilities so there will be no failure or settlement, Where it is necessary to move services, poles other obstructions, the Contractor shall notify gand4Je operateewithethecr utility owner, In case damage to an existing structure or utility occurs, whether failure or settlement, the Contractor shall restore the structure or utility to its original condition and position without compensation from the Owner. For all utility lines or striiotures shown on the plans, except as specifically indicated to be moved by others) all costs of temporatily or permanently relocating the utilities shall be borne by the Contractor without extra compensation from the Owner, Whore not shown on the plans, for underground utility lines which ores the location of the proposed main and for which the angle of inter- cept with the now line is thirty (300) degrees or greater, all costs of temporarily or permanently relocating such utility linen shall be borne by the Contractor the same as if the lines had been cho;nt on the plans, Where incorrectly shown or not shown on the plans for underground utility 102-4 lines which parallel the proposed conduit within the normal limits of trench excavation (not to exceed three (3') feet outside of pipe) or which cross the now line at an angle of intercept of 1080 than thirty (300) degrees, such utility lines shall be relocated by the Contractor at the Contractor's expenne as direoted by the Engin oar, or if' feae'l,ble, a relocation of the route of tho oonduit may be made by the Engineer. If, in the opinion of the Engineer, oonorete baokfill is necessary for the support of utility lines crossing trenches, the Engineer may direct 1500 lbs, concrete baokfill to be used. Payment will, be made to tha Onn- tractor at the unit price bid for the installation of such quantity of the concrete baokfill as directed by the Engineer, Wherever water service connections are crossed and the excavation is being done by using waohinery, service lines are to b6 removed immediately ahead of the excavation and reset immediately after the excavating machine has passed the service, in order to give the least interruption possible of water service to the customer. It shall be the Contractor's responsi- bility to notify each oustomer amply ahead of the time of the disconnecting of his service. The Contractor shall, provide ample support for the ser- vices across the open ditch. Where the trench i^ excavated by hand, services are not to be dis- connected; however, ample support shall be provided for, the services across the open ditch. After the completion of the baokfilling, servic on are to be rein- stalled in Et workmanlike manner providing a firm support which will not settle and to the satisfaction of the Engineer. Fl, 13avkfill, 14 b~LkLii-f r otyMj: After completion of foundation footings and walls and other construction below the elevations of the final grades, all terms shall, be removed and the excavation cleaned of any trash, ~abris, or other objectionable matter prior to baokfilling, Material shall bu placed in layers approximately 9 inches in depth, prop)rly moistened to approximate ^ptimum requirements, and each layer compacted by hand, machine tampers, or other suitable equipment to a density to prevent excessive settlement or shrinkage. Where pipes, walks, or other construction is to be placed on or in the baokfilled material, the baokfilling shall be done in a thorough manner to preclude after-settlement, paokfillinn, shall ba brought to a suitable el3vation above natural ground or grade to provide for any anticipated settlement and shrinkage of the baokfill, The Con- tractor shall use caution in placing the baokfill around structures to prevent any damage to these stn4oturos. Contraotor shall secure the approval of the Engineer prior to placing baokfill around any of the struotures, 102-5 2,4151 fQr; Toh~r After the pipe has been laid with the specified embedment material in place and the Engineer's approval obtained as otherwise specified, the trench shall be baokfilled with select material free from rock, to a level of twelve (1211) inches above the top of the pipe. This baokfill material shall be placed in layers not exceeding six (b") inohos in thickness and tamped on both sides of the pipe for the full width of the trench. Tamping shall be thoroughly done on each side of the pipe and under the pipe to secure firm contact between backfill material and the outside pipe surface and the backfilling with hand or pneumatic tamping shall be continued until the pipe has been completely blinded to a height of twelve (12") inches above the top of the pipe, the compaction of the baokfill material to be such that the materiel has the same density as the undis- turbed earth in the tides of 'che trench. No rook shall be placed it, the baokfill around the pipe or for twelve (1211) inches above the pipe. Above the pipe zone where the select material is placed and tamped, baokfill material may be shoveled or pushed into the ditch by hand or machine completely filling the trenoh. flock six (6") inches and :Larger shall be excluded from the backfill. Miere rooks and/or boulders of such size occur in the spoil bank, non-noloctive baekfilling with bull- dozers or other mechanical. equipment will not be permitted, In c,.ty streets or country roads that do not have permanent or semi- permanent surfacing (concrete, asphalt, etc.) earth backfill shall be compacted by jetting or pondf.ng. Baokfill material. shall be placed in lifts not to exceed three (31) feet in depth and shall be jetted to obtain maximum possible sett3ement. Miere water for jetting is not available, compaction may be obtained by depositing baokf ill material in water or ponds, Ponds not exceeding four (41) feet in depth shall be created in the trench by means of earth cross-dams and the backfill, material oast into the center of the ponds in a manner satisfactory to the Engineer, Although water for jetting and other baekfilling will be furnished by the City without expense to the Contractor, the Contractor shall at his own expense transport the water from the points of delivery by the City. The Contractor shall be responsible for "floated" pipe, In open country, the surplus earth from trench excavation shall be mounded over the top of the trench to a height not to exceed one (11) foot above natural ground, and neatly smoothed. Tn developed areas, city streets, county roads, or other areas where the excess earth would form an obstruction or be ob,jeotionable, surplus earth shall be disposed of by the Contractor at his own expense and in a manner satisfactory to the Engineer, Completed baokfill of trenohes shall at no time be more than 500 feet behind the pipe laying. lot-6 all times maintain the street surfaces on `eats o© which aheois working or hav worked, The maintenance required will include the filling of holes, blading or otherwise smoothing of the street surfaces (particularly the tronah area), oleaning and removal of surplus excavated material rubbish, eto., sprinkling of streets worked on with water to abate dust nuisance and the elimination of interference or blocking of the street to ingress or egress of residents thereon, Any and all operations shall be performed upon instructions by the Engineer and the cost of all such maintenance shall be included in the unit prices bid for the various items of work# in the event the Contraotor fails or refuses to properly maintain the street surfaces of streets on which he is working or has worked, the City, after due notice to the Contractor's superintendent, will perform the necessary maintenance and all costs to the City will be deducted from any monies due or to become due to the Contractor for work Notice to the Contractor shall be given by the City's Engineer charge of the work and shah, be in writing and shall be delivered to the Contras- toms superintendent. Excopt in emergency cases where immediate action is required, the Contractor shall have twenty-four (24) hours to comply with tho instructions of the Engineer and, failing to do so, the City will proceed with the work as sot forth abo vo. END Or JTP-,If 102-? A. L14IUIIy~_t Concrete shall be composed of Portland oemont, fine aggro- hereinafter specified, All structural eco crete shallegoa)000 mixed quality. Be IktflL l .r Portland cement shall conform to the, specifications and tests for Type Z Portland cement of the Amerioan Society for Testing Materials, Serial Designated C-150, Fine aggregate shall oonsiet of natural, washed and soreened sand having clean, hard, strong; durable, uncoated rains# of such size that all shall pass a 316 inch sieve and atbleastd95%ashall pass a 1/4 inch screen and at least 15% shall be retained on a No. 8 sieve. Aggregate shall not contain strong alkali, or organic material which gives a color darker than the standard color when tested in accord- ance with ASTM ;peoifieation Designation C4. Coarse aggregate shall be evenly graded and shall consist of sound washed and screened gravel, free of clay balls, or oloan, crushed atonal having olean, hard, strong, durable uncoated particles free from in- furious amounts of soft, friaU o, thin, elongated, or laminated pieces, alkali, organio, or other deleterious matter, Coarso aggregate shall not have more than 5% finer than No. 4 sieve and the maximum size shall not exceed that hereinafter specified= maximum size is defined as being the next larger screen than the one on which 15% is retained. Crushed stone shall be free from diet and balls c-2 clay, Water l'or concrete shall, be clean and free from oil, aoid, alkali, organic matter or other harmful, impurities. Water which is suitable for drinking or for ordinary household use will be acceptable for conorste, Where available, water shall be obtained from mains of a waterworks system. C. Soret~ ?'ronort3 @n Oneiu~yt Concrete shall be proportioned to give the necessary wiorkability and strength and shall conform to the following governing requirementst Min. 28 Day Min, Cement Max, Size Max, Water Compressive Bags Per of Coarse Slump -Strguth- _ Cu _XL- Assn Oa1s.Per -BBL-w-.- I=k./1 3000 3500 5.5 1-1/2t' 6.75 4-6 1500 5,0 1-1/2" 7000 Stabilized 1-1/211 4.6 2.0 " 8000 3.4 Backfill 3 8100 3~4 * May be "pit run" aggregate. 103-1. S The proriortion of fine and coarse aggregate shall be such that the roquirementEj of the following table are complied withi Maximum Size of Coarse Aggregate Ratio of Coarse Aggregato to Fine Aggregats on Basis of Dry and ROC11Ar1 yn1 3/4" Maximum and 0ti or 1'6 1.5 1'° 2,0 In no case shall the amount of ooarse material be suoh as to produce harshness in placing and honeycombing in the structure who removed, n forms are In the determination of the amount of water rogvired for mix, consider. anon shall be given to the moistura content of the aggrogate, The net amount of water in the mix will be the amount added at the mixer; plus the tree water in the aggregate, and minus the absorption of the aggregate, based on thirty (30 minutes absorption period, No water allowance will be made for evaporation after hatching, The methods of measure of materials shall be suoh that the proportions of water to cement can be closely controlled during the progress of the work and easily checked at any time by the Engineer or his representatives To avoid unnecessary or haphazard changes in oonsistency) the aggregates shall be obtained from a source which will insure uniform quality and grading during any single day's operation and they shall be delivered to the work and handled in such manner that the variations in moisture oon-tent will able degreecofiuniformity thAllesources ofosupplynshall,oberapprovedebsan- the Engineer. y All materiali3 shall be separately and accurately measured, P-lasure- ment made by weiLht or by volume, as may be elected by tho Contraotorl however, all equipment for measurement of materials shall be subject to approval by the Engineer, The proportion of the mix shall be such as to prkOxce concrete that can be paddled readily into the corners and angles of the forms and around the reinforcing without excessive ,spading, and without segration or undue accumulation of water or laitanoe on the surface, Careful attention shall be given by the Contractor to the proper curing of all concrete, D. f=~Dg-Stuji Reinforcing steel shall be billet steel, inter- mediato grade, deformed bars, conforming to ASTM Specification A-151 or 103-2 shall be rail steel, deformed bare conforming to AST14 Sp8oifioation A-16. All mill soale shall be removed before placing and bare shall be kept olean until concrete is plaoed, The steel shall be pi.acecl in th(, forme as shown on the plans and shall be maintained in place by wiring cr by any other effective means approved by the Engineor. END OF ITEM la'3-3 A. S),4J].4.3AD All pipe for sewers shall be of beat quality vitrified clay sewer pipe as hereinafter specified. Attention is called to the fact that the Owner has issued a "Purchase Order" to Texas Vitrified Pipe Company for the 21" and 24" pipe to be used on this projects This "Purchase Order will be transferred to the Contractor, who will conduct all futuro bueiness with the pipe company, This Contractor will order i e shipping instruotions, receive and inspect i p p give eto. Terms of the "Purchase Order" are sl;cpn in Contract No.£60-lhwhicher is made a part of these Contract Documents. Thts Contraotor shall include the oost of the material furnished under this "Purchase Orden" in the Proposal for Contract No. 60-2. The unit prices a m as follower 21" Standard Strength Pipe $301 per foot* 2111 Extra Strength Pipe 4.,21 per foot* 2411 Standard Strength Pipe 4.58 per foot* 24" Extra Strength Pipe 5.49 per foot* *2~ Discount if paid within 10 days, Net 30 days. All. pipe and fittings not included in the "Purchase Order" shall bo purchased by this Contractor directly from a supplier. Such material shall comply with these Specifications, 8. ~ci.tica jons fir V f ems! C qy p p~ n ~ ~ All vitrified olay sewer pipe and fittings shall be number one quality, true to straight lines and circles with standard tolerances, and shill in all respects comply with the Specifications of the American Society of Testint Materials latest designation for Standard Strength Clay Pipe, C-13 or C-261, or Extra Strength Clay Sewer Pipe, C-20,* ~r C-2789 except as modified herein, Pipe may be glazed or unglazed. All pipe and specials shall be of best quality vitrified clay and shall be of the hub and spigot pattern. All pipe and spooiuls shall be sound and thoroughly burned throughout, smooth on the inside and free from blisters, lumps or flakes which are greater than one sixth (1/6) of the thickness of the pipe or one-eighth (1/8) inch, whichever is the least. The pipe shall be free from fire cracks of any kind extending through the shell. The pipe shall be well formed and straight. The pipe shall have a clear ring when tapped with a hammer, The bells and spigots shall bo true circles to facilitate ease in ,pointing. narsly meeting the requirements of these Specifications will not be oonsidered as acceptable. It is intended that these Specifications provide a minimum quality which rill be acceptable and the supplier will bo expeo'., d t exceed these requirements. Attention is called to the fact that this pipe will be accepted by the Contractor at tho tail gate of the hauling 104-]. truck. It will not be accepted nor considered for acceptance on the loaded truck where careful inspection cannot be made, While the ASTM Speoifioa- tions permit the rejection of pipe having "fraotures, or cracks passing through the barrel or socket, except that a singlo crack at the spigot end of the pipe not exceeding 75% of the drpth of the socket or a single fracture in the socket not exceeding 3 inches around the circumference nor 2 inches lengthwise may be permitted", it is not the intent of these Specifications to permit any appreciable quantity of pipe meeting the ha rein described fractures. The quantity of fractured pipe to be accepted for this project shall be at the discretion of the Oomor, The Owner reserves the right to mark with appropriate marking rejected due to failure to comply with these pencil all pipe will be expected to load and return this rejectsdipipe ttontheirbstookyardq immediately, C' wwow The classes shall be as shown in the proposal, on the draw- ingsp or as speciVid. The vitrified clay sewer pipe shall conform to A;;TP4 Designation C-13 or C-261 for ,Standard Strength Clay Serer Wipe and shall conform to ASIV Designation C-200 or 0-2q8 for Extra Strength Clay Pipe no specified above, Sower pipo shall be installed in accordance with t'ao following tablet Pipe Size C-13 or C-261 0200 or C P?8 2111 „ 01-101 Trench 100 & Over Trench 24 W -10' Trench 10t & Over Trench END Or ITE T 104-2 As aL~d_apiuot,t Iron Pine t Cast iron pipe shall comply with Federal Specification WWP-421a, Type III (in mechanical ,joint) except the wall thickness and weight of barrel may be as described hereinafter. Pipe shall be designed for 150 psi working pressure and for five (51) feet cover, laying condition "D", strength designation 18/40 or 21/45, It shall comply with Federal Specification WW-P-421a, ASA Speoif?ration ASA-A-21,1 (M2nual for Computation of Strength and Thickness of Cast Iron Pipe), AWWA Specification C106, or ASA-A-21,8, as applioable. All pipe shall be listed as approved by the Underwriters' Laboratories, Inc, 8, aQjL_4njjgigo t JLipgs Cast iron bell and spigot M6ings shall conform to the specifications of the American Water Works Association, Designation C100, Fittings shall be Class "D". Co L1I1i.U1r.ZL_9q&tjnLs All oast iron pipe and cast Iron fittings shall have an inside cement mortar lining conforming with American Standards Association Specification for oomunt lining for cast iron pipo and fitt- ings (A21,4-1953), or conforming with manufaoturer's standard spooifion- tion for seal-coated "13nameline" Lining, or shall conform with ASA 2164 except for the thickness of the lining which shall be one-half (1/2) thieknese specified in ASA 21,4, Outsido coating shall conform with American Standards Association, Proposed Specification for Coal-Tar-Dip Coating for Cast Iron Pipe and Fittings„ (A21,5-1940), The outside coating of pipe to be buried underground shall conform with the standard practice of the manufacturer. END OF ITEM 105-1 N?' LOILL& A.~lnr There indicated on the Plano or authorized by the Imgi.noer, pipe shall be laid with an embedment of granular material. The tronol) shall be excavated to a dopth four (4°) inches bo:low the grade of the outside of the pipe and filled with granular material for pine embed- ment. Granular embedment material shall be cruslied stone or gravel with a mar.imum size of 314% Granular embedment material shall oomply with the specifications for C ~ Abp ,Atr as herein elsewhere net forth, except that the amount of fine particle passing; a No. 4 sieve shall not exceed 10°j. After the pipe has been laid to grade and. line and the Engineer's approval obtained, the embedment material shall be placed up each side of the pipe to the level indicated on the plans, and shall. be shovel tamped around and under the pipe in order that all void space may be filled. Where shown on the plans or as directed by the Engineer, the pipe shall be laid with a concrete embedment or encasement of 1500 pound concn)te in accordance with the details shown on the plane. The concrete embedment or encasement shall be made monolithic by ' laying the pipe to line and grade on a four (411) inch embedment of can- orete, and before the embedment has taken a not, the remainder of the concrete shall be poured around the pipe and worked into the conorete embedment to secure a monolithic ,joint, taking care not to disturb the alignment o)^ grade of the pipe, It the Contractor so desires, the pipe may be laid to line and grade on precast concrete blocks approximately four (411) inches square and as long as the width of the trench and the concrete poured around the pipe leaving the supporting blocks in place. END OF ITEM 106-1 ITEM N0. 10" _ INSTALLING CLAYWTM-R, Pjpr A. La inf C11"J iM? Upon the roquirod ombedment, the pipe aholl be laid to the lino and rado 13hown on the glans. I)ipo shall riot vary more than one tenth (1/10' foot from tiro true lino nor more, than two huridredths (2/1.00') foot .from the theoretical grade, The Inginoov will met lino and grade Wakos every fifty (50') Not and furnish +he Contraotor with out fig±tres. The Contraotor shall furnish acid set all grnda hoards, grade lines, plumb bobs and lines and measuring poles necessary for laying pipe within the toloranco allowed, Grade boards shall W set at intervals not to exceed Pifty (50') Poet, Prior to laying, the pipe shall be Larefu7,ly inspected for compliance with the spocifioations and pijb which is cracked or broken or that does not fully comply with the spoeifications shrill be re,jooted and immediately removed from the site of the work by the Contractor. Pipe shall be laid with boll end upgrade and with spigot downgrade unless othorwiso approved by the Engineer. The embedment (if ordered by 117ngri.ncor) to receive the pipo shall be placed to a grade slightly hlghor than that required for the grade of the pipe and the pipe brought to grade by tamping or the removal of the alight excess embedment, under the pipe. Adjustment to grade and line shall be made by scraping away or .filling with embedment material, and wedging tip or blocking up of pipe will not be parmittsd. V aoh pipe soction shall have a uniform boating on the embedment for the full length of the i e, and jointed, the embedment shall be brought totthetfullid pthsr qbeen laced uired, Such part of concrete embedment or encasement where roquirod that may be placed after the pipe is laid, shall be tomped to make a bond with the original concrete, care being, exercised in tamping to provent lifting the pipe out of alignment or grade. After embedment is br,)ught to full. dopth, the trench shall be backfilled as necessary to hold tho pipe firmly in position. Such back£i.lling to be done as heroin specified, Concrete embedment shall have acquired its initial set before backfilling, B, Ea J ..oi, nta_1 All joints for clay sower pipe shall be made with a hot poured bituminsous joint compound, completely filling the annular space between the inside of the bell and the outside of the spigot of the pipe ends, Joints shall be made in accordance with the following provisional (a) Jointin Mat r alt Pipe Joint compound .ol owinj; the prearptionsof hthe JIA co ointabasewwithayarningnous material so hereinafter specified, t?ointing t,hterinl shall be "Rout-Seal" as manufactured by Gulf States Asphalt Comppny, or an approved equal, and shall comply with Federal Specification 83.8-1699 Type III, Class I hot pour, (b) pr oration of jR@.,.ftLt Before laying the pipe and while the pipe is st1.l at trans aide, the inside surface of the bell and the outsido ' 107..1 . aiirfaco of the spigot shall be wiped until clean and dry, and then paintad with an approved asphalt primer paint. Primer shall be aaplied at least four lours bo:Foro tho„piEe is tobebe l1,pipe ond~ ' shall ba kept clean and dry unti. Joints are made. (u) Ma, ingr trio Joints Joints shall be made In the following manners A closely twisted hemp or oakum gasl,ot of suitable iiamoter, in no case less than 3/4 inols, and in one piece of sufficient length to pass around the pipe and lap at the top, shall be solidly rammed into the annular space between the pi.pr5, with a suitable caulking tool, The yarning material shall be dry and free from oil, greasy substances, or tar. Thickness of yarning material shall be sufficient to hold the pipes securely in their proper relative positions and shah not fill more than one-fourth (1/4) of the annular space, After the jute is properly caulked, a suitable asbestos runner shall be placed and the compound shall be poured in so that it will run around the pipe completely filling the annular space. (d) Manufa_ cturer0s InstructionsMto be t'ollowodi 'rho Jointing ~1.~ ry~M.ir aompaund shall be Stated in a molting Pot suitablo for the use, and manipulatod in •.ccordanco with tho irltructions of the manufacturer of the compound. C. ]:nfiltratic:n Tostst (a) Q.eneralt The sower lines shall be constructed to meet infiltra- tion touts as outlined herein. The „iaximum allowable infiltrati r shall be lr000 gallons per day per mile per inch diameter of sower pipe, (b) otho of Toatin i Tho Enginoor will dosignato oortain sections to be tested for n i rat on. The sections to be tested shall be in lengths not to exceed the distance between manholes. Tho Contractor may use oither of two mothods for tooting the sewers for infiltratlant (J) Dachfill may be installed to a safe distance above the top of pipe so that pipe will not float out of position and then tooted for infiltration. Whon this method is usod, suitable dams ahali be installed at end of section to be tooted and the trench flooded so that about four feet of water will be above the flow 111ne of the pipe }ring tested,' (2) Backfill may be b?,ought upward to the surface alongside and toot made between manholes. The Contractor shall flood and ,jet the back- fill so that an average of four feet of water shall be kept above the flow line of sower pipe being tested. The Contractor the Engineer issatisfied withd the and saturation area the baokfill,saThe time required for testing shall, be sufficient for the Engineer to satisfactorily b~waoure the infiltration, 107..2 . wMeasurement of infiltration shall be iaado by the use of V-notch furniahod by the Owner, The Contractor shall install the weir to the satisfaction of the I;nginoer, in the manhole downel,roam and adjacent to the section being tested, After test is ma-10 06 Contractor shaall, remove the wail, for use olsewhoro. After the Lnginoar selects the section to be tested, the Contractor shall proceed with the preparation for tooting. Tests for infiltration shall include about ten per cent of the pipe lengths; hc••iev,.*, not less than one test shall be made on each a.'a of pipe. For each ;at that faile, ono test shall be added. A'ail.uvo to Moot xnfiltratlon 'Cost; Whore the infiltration exooods the maximum a,lowa le, the Contraotor shall mako correction to tho aatis.faotion of the Engineer, (d) raLment for Infiltration That; The unit prices bid for sewer The )e colt OOwneipleto w ater for testing ati the f infiltration tosta. hydrant. DID OF .IIRM 107.3 ITEM NO, 108 - INSTATLINO CAST IRON PIPS AND FIfiTINO`i A. Seri tionr Cast iron pipe, fittings, specials and valves are to be installed at locations shown on the plans and specified in tYtese Contract Documents. Unless otherwise indicated, the pipe shall be laid to tho grade shown or to an even grade from point to point for which elevations are furnished, All of the raquinments of the specifications under the section, "hxcavntion and h'aokfill" govern for the excavation of trenched for laying cast iron pipe, fittings and speoials, baokfilling, oto, B 1'„ 1{andlfiMi All pipe, fittings and special castings shall be lowered into trench by derrick, tripod, orane or other suitable machine and shall not bo rolled in or dumped into the trench. Pipe and fittings shall be handled in such a manner as riot to damage the coating. Before lowering and while suspended, each piece of pipe shall. bo rung with a light harmer to detect flaws, and any unsound pipe shall be rejected. All dirt and trash that may be in the barrel of the pipe, and/or in tha bell shall he removed while the pipo in pondedo aAllot n pipe and fittings shall be handled and lowered into the trench with slings. The use of hooks for handling pipe and fittings will not be permitted. 4lhere it becomes neconsary to deflect tha pipe to avoid obstructions, the deflection of each joint must be approved by the Engineer. The pipe is to be kept clean during the laying operation and free of all opensendkof dirt and isatoo be effectively oscaled eagainotr tho operating ©of all objects and especially water. Unless otherwise specified or unless otherwise directed by the Engineer, the joints for all bell and spigot cant iron pipe, fittings and apociale shall be made, using lead and/or mechanical joint for ,jointing materials and/or "Tyton Joint' (or similar ,joint), C. 'oint Makinr Mecarica.l_Joint rinei This type pipe shall, be jointod in full aocordance with the manufacturers recommendations and shall be dorm in a neat and workmanlike manner. Care shall be taken to prevent shearing, the boltu, The jointing of the pipe shall be done as followa, unless otherwiso directed by the }engineer, (a) After carefully cleaning both spigot and bell and after slipping the follow ring and the gaoket over the spigot end, the spigot shall be slipped into the bell. 100.1 (b) If requested by the Engineer, a lubrionnt shall be applied to the spigot to assist Aryl assembly. (o) The gasket shall be carefully seated by hu-,d so as to be even in the bell at all points. (d) After drawing up the follower ring to uniform bearing against the gasket, the bolts are to be inserted and tightened by hand in pairs using bolts opposite each other. (o) The nuts are to be tightened amply to hold the required pressure. Extension wrenohes, or pipev over wrench handles, will nog permitted, Ton (1011) inch ratohet wrenches shall be used to tighten the nuts, unless other type wrenches are approved by the Engineer. The finished joint shall be neat and uniform and shall be water., tight. I,ND OF ITEM 108-„ • 1'lT14 N0, 109 - IIIOIiti~ AX, CROSSING AtJD RAILROAD CR05S1110 A, Oeneralt 'Aare the work encroaches upon the right-of-way of the State control ed highways and/or Railroad properties, the Ownor will secure the necessary easements for the work. The Contraotor shall observe all regulations and instructions of the Highway Departmont and/or the Railroad company as to the method of performing the work and take all precautions for safety of property and the public. All negotiations with the Highway Department and/or the Railroad Company, except for the right-of-way proauremant, shall be carried on by the Contractor not less than 5 days prior to the time of his intentions to begin work on that portion of the project which is related to the highway properties. All work to be performed within the limits of the ri.ght-of-t-Yay of the Highway Department and the Railroad company shall be in full accordance with the requirements of the Departrent and company, and all precautionary and safety regulations shall lm strictly observed. hiaterialei Cast iron pipe shall. be used as the carrier pipe for the crossings as shown (+n the plans. Tho oast iron pipe shall conform to the requirements specified elsewhere in those specifications and shall be ry-ohani.oal joint type. The casing for the highway erosalng shall be forty-eight inch (11811) galvanized corrugated liner plate and he easing; for the railroad crossing; shall be forty-two inch ,4211) galvanized corrugated pipe. Liner plate and pipe shall. be as manufactured by Armco Drainage and Metal Products Company, Inc, or an approved squall shall comply with the AASHO Designation M-361 end shall be of a minimum 12-gauge material. The liner plates shall consist of plates la inches wide, each circumferential ring being composed of the number and length plates shown on plans. All plates shall be punched for bolting, on both longi- tudinal and eiroumferantirl seams and shall be so fabricated as to per:rit complete arection from the inside of the .tunnel. The longitudinal seam shall be of the lap type with offaat equal to gauge of metal for full width of plate including flanges and have staggered bolt construction, so fabricated as to allow the cross section of the plate to be continuous through the seam. All plates ajhall, be a^ uniform fabrication and shall be into rohangea bl.e, The material unad ror those plates s';rall W new and unused and suitable for the purpose intended. CO Const_--~_ ructior,r 1. Liner Platoi The highway crossing is to be made by excavating a tunnel and nsta ing the liner plate as the tunnel is excavated. The tunnel diameter shall be not greater than two inches (211) larger than the 0,D, of the tunnel liner, The contractor will not be permitted to encroach within the limits of the tunnel. section with open cuts, as shown on the plane. Careful, attention shall. be given to the installing of the 109.1 r tunnel liner on proper grade. Only enough tunnel shall be excavated ahead of the installed liner plate to facilitate the installation of one circumtorential ring of plates. 2. Corrugated s 'Cho railroad crossing is to be made by jacking the corrugated pipe casing under the railroad at the grade shoran on the plates, and excavating ti o tunnel ahead of the casing an it to being ,jacked. The t,rnnel diameter through which the pipe is ,jacket' shall not Alllgjoints two inchs larger t with 4211 ie. lap straps. 3. Carrie. r Pit)et Cast iron mechanical Joint pipe shall be used for the carrier pipe. The cast iron pipe shall, be pushed through the casing in such a manner to insure watertight joints. Attention is called to tho fact that a channel runner shall be installed in the casing as shown on the plans. 'Cho backfill of the trenches and other excavations within the limits of the right-of-way shall be wetted and compacted into place, The backfill shall be placed in layers of approximately aix (641) inches, wetted and compacted. MID OF I'tPb4 107•.2 . - MANHOIJ;,S ITE, M _114-1-10 A. Manholesi Manholes shall be constructed at locations indicated on the plans, or as otherwise directed by the Engineer. Development of areas through which the sewer passes may dictate changes in ;Location or increase the number of manholes required. Manholes shall be constructed to details shown on the plans with invert section to be of concrete and with upper, variable length section to be built of brick. Excavation for manholes shall be large enough for the outside plastering of the brick. Concrete for all manhole construction shall be 2500 ,ound concrete. Brick for manhole construction shall, be furnished by the Contractor and shall be hard burned sewer brick A•S,T,M. C-32o grade MA. Brick shall be laid with full. slush ,joints of povtland cement mortar of one (1) part cement and three (3) part$ clean mortar sand. Bed joints shall be as near as possible of uniform thickness not exceeding three-eights (3/811) inch and shall be substantially level, Brick shall be laid radially with vertical joints not over one-quarter (1/411) inch wide on the inside. Joints shall be staggered and shall be completely filled with mortar, The entire outside surfaoe of the manhole shall be plastered with one-half (1/2'x) inch of mortar. B. Manhole_ C~overe and Steger Manhole covers and stops shall be of good grade ra oast iron and of design shown on the plans. shall have a tensile strength of not less than 18 000 The cast iron inch. All oastings shall be kept clean and ' pounds per square holes or other defects of any kind, Castings shalltbeithoroughly cleaned and subject to cariful hammer tests, Manhole rings and oovers shall be machined sufficiently to prevent rattling under traffic. Manhole ring and cover shall be Trinity Valley Iron and Steel Co,, Pattern No. 672, or an approved equal.. Where required by the Owner, stub-outs shall be made from the mnnholos for future connections at the elevation designated by the Engineer9 with one joint of clay pipe which shall be set in the brick wall of the manhole and plugged at the outer and, Stub-out pipe will be furnished by the Contractor and shall be paid for at the unit price bid for pipe of that size and depth. END OF STEM 11.0.-1 , ITEM N0. 111 - PROJCCT MAINTENANCE, CPFANUP AN? GUARANTE'E' A. Generals During the proseoutior, of the work, the Contractor shall maintain the project site in orderly and acceptable manner, U- cora.. pletion of any unit of wort, it shall be maintained by tha Contractor until acceptance by the Owner. Upon the completion as a whole of any section of -;ork covered by these contract documents and before final acceptance and final payment will be made, the Contractor shall clean and remove from the site of the project surplus and discarded materials, temporary structures and debris of every kindt he shall leave the site of all work in a neat and orderly condition equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. B. Guarantees The Contractor shall guarantee the work for a period of one 1 year after date of aoceptance by the Owner, During this period the Contractor shall make any repairs and/or replacements Lf defective materials, reworking due to poor workmanship, all as may bA req--Aced for full compliance with these Specifications. This guarantee shall apply to all matters reported by the Owner in ws4iting within one year (1 period and this guarantee shall be covered by the extension of the Performance bond as sot forth in the "Information and Specian Instructions to Bidders". P'ND OF ITVM 111•.1 ITEM llz - ~aszs o~ Pev►~"T A, General$ The "Bid Price" for eaoh and every item as sot forth in the Proposal sFiall include the furnishing of all labor, tools, materials, machinery, applianoes, plant and equipment appurtenant to and necessary for the construction and completion in a first olass, workmanlike manner of all work as herein specified in strict accordance with these apecifi- oatione and accompanying plans, The "Bid Price" shall also include any and all kinds, amount or class of excavation, baokfilling, pumping or drainage, sheeting, shoring and bracing, disposal of any and all surplus materials, permanent protection of all overhead, surface or underground structures, removal and replacement of any poles, conduits, pipe lines, appur,.ertanoes and connections, cleaning ups overhead expense, bond, public liability and compensation and property damage insuranoe, patent fees, and royalties, risk due to the elements and pro.t'its, unless otherwise specified, The bid price shall also include all othdr incidentals not speoifi- oally mentioned ab^ve that Tray be required to fully conatruot each and every item complete in plan, in accordance with the true intent and meaning of the specif;loatiens and accompanying plena, B, Cast Tron Piers Pipe of each size will be measurad from center of fitting to center of fitting or end of pipe without amy doduotion for the length of intermediate fittings, specials or valves, Payment will be made at the price bid per foot of pipe for the various classes, This bid price shall include furnishing, hauling and laying of pipet shoring and pumping where necessary; trench excavation, and akfsheathigs illingo protecting or replacing existing structures or utilities, testing, disposal of surplus materials, cleaning up and maintenance and any inoi- dental work not otherwise provided for in these specifications, all in strict acoordance with the specifications, dr;avings and/or instructions of the Engineer, C, Fur 'shin Vitrifie CZa Se er Pi I Payment for the furnishing of 21 and 2 P vitrified sewer pipe will be made at the unit price bid, which unit price shall be the same as in the "Purohaee Order", r will not make any deduction for the 2% discount, Any additionalTcost Owne of unloading and handling the pipe should be included in the unit pride bid for installing pipe. Measurement of pipe will be from end of pipe to end of pipe or manhole without deductions for specials, The ooist of furnishing pipe and fittings not included in the "Purchase Order" shall bo included in the bid prices for that special construction (such as Deep Cut Connection), D, Instal14~n:Inwor Pi,Mes Vitrified clay sewer pipe laid by the Con- traotor oe eavil r,iza Ml be measored from center of manhole to cantor of manhole or j the end of the pipe, Depth of out for payment will be m^aoured fro;., the surface of the natural ground over the centerline of the pipe to the pipe invert, to the nearest 1/10 foot, payment will be 112-1 made at the bid price per foot for the furnishing of the pipe of the various sizes and strengths under a separate item. Payment will be made at the price bid per linear foot for installing pipe of the various sizes at the depth measured as set forth in the proposal, which price shall include all costs of clearing, grubbing, trenching, laying pipe, sheathing, shoring and pumping where necessary, protecting or replacing existing structures or utilities, baokfilling, disposal of surplus materials, oleaning up and maintenance, and any other incidental work not otherwise provided for in these speoifications, all in strict accordance with the specifications, drawings and/or instruction of the Engineer. L, east Iron rittinrst No separate payment will be made for cast iron fittings. The cost of this work shall be included in the unit price bid for pipe laying. F Standard ManhrilAnt Manhole depths will be measured from the invert of the lower pipri in the manhole, (or as indicated on the plans) to the top of the cast .ron cover, and shall be measured to the nearest one- tenth (1/10) foot, Payment will be made at the price bid for each for standard manholes up to six (6) foot deep. Such price bid shall include all costs of excavation, backfill, concrete, brick, cast iron steps, frames and oovsrs, and making stub-outs ti;hare required and all other work necessary to complete a manhole in accordance with the specifications. Extra depth ovcr`6 foot will be paid under another item, 0. K& ra 4tenhr;ie Dentht The depth of manholes in excess of 6 feet (as specified for standard manhole) will be paid for at the unit price bid for "Extra Depth for Manhole", Measurement of extra depth will bo to the nearest ono tenth (110) of a foot. The unit price bid for this work shall include all cost of excavation, backfill, concrete, brick, oast iron steps, of-,,, inquired to complete the manhole at this extra depth. H. Hi hwa Crossing and Cteilroad Crossings Payment for crossings will be made at the lump sum bid for eaoh crossing. The bid price shall include all work, labor and materials within the litiA is shown on the Plan, except for cast, iron pipe which will be paid for no a separate item, I. Embe monl n F~naaaomentt Embedment material of gravel or concrete, as required, will be paid for on the basis of quantities per hundred linear feet as shown in the tabulation below. These quantities have boon calculated on the minimum trench width permitted in the specifications. No additional payment will be made for increased quantities used due to manholes or wider trench width. Payment will be made at the unit price bid per cubic yard for the respective embedment materials, which price shall include all cocas of hauling and placing materials, disposing of excess excavation, and extra excavation required below the pipe barrel for the placing of the materials. 112-2 , , SCNFDUI)1 OF PAYM.FNT QUANTITIES FOR NNCASMIT, MT AND 1 M1.FD .NT Pipe Pipe Minimum Trench Concrete or Oravol Conoroto Encase- Sizo 0. D. Width 21mbodmont per. 100 IS ment Por 100 LF 21" 25" 43" 11,87 C.Y. 21,55 C.Y. 2411 2841 46" 13.30 C.Y. 24.29 C.Y. J. Testiin for rIInfiltratio i No separate payment shall be made for infiltration tests. Tha cost of such tosting s'•all bo included in the unit price bid for furnishing and installing t' sower pipe, K. Rock Excavations No separate payment shill be made Per rook excavation as the excavation is unolassii'led. The cost thereof shall be included in tho bid price for pipe in place. L, general Surfaoinao The replacement of gravel surfacing on gravelled streets shall be included in the unit price bid for pipe in place and no ssparate payment made therefor. 14. Concrete Piers and 14arker Postal No separate payment shall be made for concrete piers or marker posts which are shown on the plans or called for in the specifications. Additional quantities of those items which may be called for by the Engineer will be paid for at the unit price bid per C.Y. for 3000 psi concrete, N. Pavement Replacemrtt This Contractor will be required to replace all bane course and pavement damaged during construction. All materials and workmanship shall bo equal to or better than tho existing. No separate payment will be made for base course and for pavement replacement. Cost for this work shall be inoluded in the price bid for laying pipe. 0. I,e Cut or Servi a connections for 82a rst Paymont for deep out connections will made at the unit price bid. This bid price shall includo extra strength main line toe, concreto cradle, 6" U.C, riser pipe am 1/8 bond, plug, jointing material, etc., all labor and such other items required for a complete instalLition, P. Compacted M okfilli No separate payment shall be made for compacted backfill required to fill ravines in the viainLty of station 121+00 and other such l.ocatiuns as directed by the Engineor. END 010 IT13M 112.3 i APPENDIX TO CONTRACT NO, 40-2 P~0_POSAL . Denton, Texas Ootober 25 1960 Mr. Homer B. Diy City Manager Munioipal Duilding Denton, Texas Dear Mr. Dlys We the undersigned hereby propose to furlish all lrabor, tools, equipment and materials necessary for the manufacture and delivery of Vitrified Clay Sewer Pipe for the State School Outfall in accordance with the attached Specifica- tions for tho following prices, to-wits item W atimatod Unit Extended D_ esorip.i. -Quantity P X100 10 Furnish and Deliver 21" Vitri& ed Clay Sewer Pipe, Standard Strength 1,500 L.E', 2. Furnish and Deliver 211 ` Vitrified Clay Sewer Pipe, Extra Strength 700 L. F. $ 4.21 _ 2947,00 30 Purnish and Deliver 2411 Vitrified Clay Sewer Pipe, Standard Strongt1a 5000 L.F. $ tb f! $ 21s. 2 4.00 4. Furnish anal Deliver 24" Vitrified (4.ay Sower Pipe, Extra Strength 7,000 U.F. tLo j2..__ $ ~ i 0,00 TOTAL AMOUNT OF DID 70191600 50 If required to store pipe on plant yarn after December 15, 1960 at the Uisoourt-2% 10 days request of the City of Denton, on Net )0 days additional charge as shown in the tabulation below will be made: 21" Vitrified Clay Pipe $.-UZSj" per linear ft. 24" Vitrified Clay Fipe per linear ft, 2 Item Estimated Unit Extended No. Desg btion-of -Itgn, Quantity Price Amount 6. The pipe quoted herein will be ingla7.AR - (salt gIM-4 or unglazed). Delivery sohedule (give time as dates) RoM Degeiq~"o Start Camolete 21" Standard Strength Pipe Nov. 1201201 Mar. 91._196 21" Extra Strength Pipe -MU. 061 Ljr..16, 11961 24" Standard Strength Pipe yoh. S. 1061 IfAr. . ].qL24" Extra, Strength Wipe Jan. 2.. 1961 Fob, 7° 126L~ The undersigned hereby acknowledges that this purchase order will be transferred to the Installation Contractor (Contrao•t No. 60-2) by the City, The undersigned hereby declares that he has oarefully exaoi ned the Specifications and has familiarized himself with all matter pertinent to the above bid, Respectfully submitted, TEXAS VITRIFIED PIPES CO, By x/ Don To Kourby, Sales Mgr. P. 0, W x 117 Mineral Wells, Texas T3usincec; Addroes CONTRACT NO, 601 FURNISHINO VITRIFIED CLAY PIPE FOR ;PATE SCHOOL O WVALL DENTON, TEXYJ October, 1960 SPECIFICATIONS 1 2202 of Worr i Contract No, 60-1 comprises the furnishing of beat quality vitrified sewer pipe for the State School Outfall line. The installation of this pipe will be done by others under a separate Contract, The supplier under thin Contract shall manufacture the pipe in strict aooordanoe with these Specifications, transport to the projeot site, and deliver the pipe adjacent to the trench aide. Tho Installation Contractor will assist in the unloading and stringing of the ripe. The State School Outfall Dine is located in the southoastern part of the City oommenoing at the State School for the Mentally Retarded Children and traveling in a northeasterly direotion to the proposed site of the new Sewage Treatment Plant. The approximate, length of this line is 14,500 feet. Tho general location is as shown on the attached drawing, The sizes and estimated quantities to bo purchased under this Contract are as followai 21" Standard Strength Vitrified Clay Sewer Pipo 19500 L.F, 21" Extra Strength Vitrified Clay Sewer Pipe 700 L,F, 24" Standard Strength Vitrified Clay Sewer Pipe 51300 LoF, 24" Extra Strength Vitrified Clay Sower Pipe 71000 L.F. The above quantities are estimated and are subject to revision upon completion of final plane and specifications and installation of the pipe. Payment will be made based upon final measuremonta, The City will, issue a "Purchase Order" to thu euooonatul bidder; Attention is oallod to tho foot that the City of Denton will transfer this order to the suoaeasful bidder for Contraot No, 60-29 Conetruotion of the State School Outfull Lino, .'ho Installation Contractor will be rosponsiblo for receiving the pipe, assisting in unloading, accepting the pipe and making payment to the supplier, Upon the transfer of this order to the suooensful Contractor for Conti-not No, 60-2 the City will then rclinquiah any druot relations between thoms©lves and the supplier under Contract No, 60»1. This in no way rolioves the supplier of any obliggations specified or implied under the Con- traot Documents for Contraot flu, 60.1. 2. Ti o o _Con io a The City of Denton in now in process of acquiring right-of-way for the State School Outfall. It is anticipated that thins right- of-way will be aoquired by Deaembor 15r 1960, This supplier will. not be permitted to deliver any pipe to the project site prior to December 151 1960, After this date the supplier will be permitted to deliver all or part of the order depending upon his production schedule, The tivie for dolivery shall be indicated by the Diddor in the proposal and will be considered as a Arm oommitmont to the succoasta l 13iddor for Contract No. 60-2 as well as tc, the City of Denton, 4 , In the ovent the City of Denton has not acquired the right-of-way by Dsnember 1$, 1960 and the supplier is required to store the material on the supplier's yard, then the supplier will be eligible for additional oompen9a- tion as set forth in the proposal. This oompensation will be made at the unit price bid for the amounts of the various sixes of pipe stored on the supplier's yards at the request of the City of Denton. Should this pipe be utored at the option of the supplier or the Contractor for Contract No, 60-20 no oompeneation will be paid by the City of Denton. 3. Point of Delivorvs The vitrified sewer pipe shall be delivered by ttuukt to the trench site. The hauling truok shall be made available to the Installa- tion Contrautur for stringing the pipe along the trenoh side. The supplier shall be expected to deliver the various sizes and otronpths of pipe, at approximately the proper location for installation, The Installation Contraotor will furnish nuffioiont manpower and equipment to unload and string the pipe, The supplier undo r Contract No. 60-1 will be required to furnish only the truck driver, The Installation Contractor will be required to aooept or reject the pipe at the tail gate of the supplier's truck, All pipe which has been rejected shall be returned immediately to the supplier. The Installation Contractor will provide reasonable access for the supplier's trucks and will assist the hauler in a reasonable manner. The Installation Contractor will construct all gates, bridges, eto.,required to permit truok travel of the right-of-way. The supplier will be expected to cooperate with the Installation Contraotor in order to insure an effioionb and satisfactory overal'1, operation, k, L4_Z=i Bids shall be made on the blank form attaohed and the oomplete Documents returned with the bid, Dids not so mado will bo considered out of form, 5~1~, ,Y_ag j j Bidders Bond, Performanoo Donrl and Payment Bond will not ba required for thin Contraot. 6. ' s L2L-C2n& - - t-o IIns-tallation Can r o i The City of Denton proposes to award a ontraet for tho Installation of the material furnished un!ler this Contract by beoombor 11 1960, 't'hin installation Contraot will be reforred to as Contract No, 60-2, r'~nstruotion of the State S'ohool Outfall Line. `i'ho ngroomont oonaviiaiMod by Contraot No, 60-1 will be trans., ferred whololy to the l'nstallation Contraotor for Contraot No. 60••2, All obligations inourred by the City under Contraot No, 60.1 will be trannferrcd to the Contraotor for Contraot No, 60-2. This Installation Contractor will coordinato the ordoring of opecif"c sizes and yuanti.ties, will denignato points of delivery along; the right-of-way, will receive or reject the material at the tail gato (~f the truck, will unload and string the pipe along the trench and will make payment to the supplier. No payment will be made directly by the City of Denton to thy: supplier and all those obl+,gati.ons will be assumes, by the Installation Contractor under Contraut No. 604, , The transfor of the City of Denton's rights under Contraot No, 60-1 • will not in any way relieve the supplier of his obligationa, The supplier will have tho name obligations to the Contractor for Contraot No, 60»2 as if it were still an agroement with the City, of Denton, 7, (t Tht-of-Wav: The City of Benton will provide right-of-way easements for the full lent h of the project, The boundaries for those easements will be 25 feet on each aide of the center line of the newer main, The hauling Con- tractor will be expected to keep all of his activities within the boundaries of this 50 foot easement, The Installation Contractor will. construct the necessary fence gates, but the supplier shall be responsible to keep these gates closed at all times, S, enifications for iPi W May Pipe: All vitrified slay sewer pipe and fittings shall be number one quality, true to straight lines and circles with standard tolerances, and shall in all respoots comply with the Speoifion- tions of tho American 5ooiety of Testing Materials latent designation for Standard Strength Clay I'ipo, C-lj or C-261, er Extra Strength Clay Sower Pipe, 0-200 or C27$, except as modified herein. Bidders may quote on either glazed or unglazed vitrified clay sewer pipe. Bidders shall insert in the appropriate blank in the proposal the typo of pipe being proposed. All pipe and specials shall, be of boat quality vitrified clay and nhall be of the hub and spigot pattorn. All pipe and specials shall be sound and thoroughly burned throughout, smooth on the inside and free from blisters, lumps or flukes whioh are greater than ono-sixth (1/6) of the thickness of the pipe or ono-eighth (.l/N) inch, whichever is the loast, The pipe shall be free from fire cracks of any kind extending through the shell, The pipe shall be well formed and straight. The pipe shall have a clear ring when o tapped with a hammer. The bolls and spigots shall bo true oirolos to faoili,. tats ease in jointing. The barely moeting the requiromonta of, those Speoiftoatione will not be considered as acceptablo. it is intonded that those Specifications provide a minimuri quality which will be acceptable and the supplier will be expoctod to exoood thene requirements, Attention is called to the fact that this pipe will be accepted by the Installation Contractor at the tail gate of the hauling truck. It will not be accepted nor considered for acceptance on the loaded truck whore careful inspection cannot be mades While the ASTM Specifications permit the rejection of pipo having "fraotures, or cracks panning through the barrel or socket, oxoept that a single oraok at the spigot end of the pipe not exceeding 754 of the depth of the socket or a single fracture in the nookot not exceedinf; 3 inches around the oiroumfer,enoe nor 2 inches lengthwise may be permitted", it is not the intent of those Specifications to permit any approoiablc quantity of pipe meeting the herein described fractures, The quantity of fraoturcd pipe to be accepted for this pro,joot shall be at the disoretion of the City of Denton, The City of Denton reserves the right to mark with appropriate marking ponoil all pipe rejected due to failure to oomply with thooo Spooifioations. The supplier under Contract No. 60.1 will. be expected to load and roturn this rejected pipe to thoir stockyards impiodiately. 5 . 9, p. avmen ; No payment under this Contraot will be made directly by the City of Denton to the supplier. Inasmuch as this order is to be transferred to the Installation Cont-race (Contraot No, 60-2), all payment will be made by the Installation Contraotor to the supplier, After the transfer of this order to the Installation Contraotor, all negotiations oonoerning tho ordor shall be oarried on between the supplior and the Installation Contraotor. i a