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Home My WebLink About1962 TT' z, Yl+r r Tr- i 1! + '~otrs Afm pC~iAC,1, ' ` IT On ulli ' I~CriiCATYOAt t/0. 3103 . Ab4u1 pm, nI ' e r F' t, It V~l . l~ 4 1 ' 1. 0 01 ~ 144 ~ t , ~71 a a A r r~ 141 , 1~ + t I. , li ~ 1 ~t#'ie I&M i. ' i , j l t ,~T t I ~ 6 1 r a ,~1 ~I~',~ ~It r' 1 -r~:a'ty a, i•~i~ g~~• 4~'E . rk let ~I : r ~ t , ~ e. a ~ r 'Y ~ ~ r ~ , ~r~ ~ ~ rt ~ pe a It a~ ~ asp' , ,j''„t'~ +"~t r✓• ra r ~i if I f t l ~~~Y +lY , , 44 b ' d r r V~F~ 4 .7r2 ~',tK y~°~ ~ i 4' lY~ r {c k a:y.S; J. ~rS ,Jf1.A! . ? t~~Y i~; i N',<+ra {'.rf if, 3+ qtr mill i 41 o ~ v J V 1 v I=' t S~ ' p o 44 4J F1 N y u 144 p ~ CS c1 1WtJ ,t~7jj 'd , '41 .q i 1 Fi r..irrr 0 , {J IRN/ Y. (y 1/-fir V ° ~l~ ~ , AA v1 l7 H 11i OB V A 6 u r } ~q tiI ;L 33 { p c> b c~ , { fi ,y vroy 06 Z j r! ~W] ~C3 ~ G'03 ~ ~ ~ ~ 0`dly ~ q ~h Ivf) 'A m ° u E 8' ro o 43 IL, r C oe 8 p v, I 4 { w Ccrllflcd Copy of POWER 011' ATTORNEY 1W111llfl till 01,11 011 t1Iptlb' VC,rAl1'littl, That tbo PE'DI'711AT, INSURANCE C011,111ANY, 00 .lahn SLlrot, Now York, Nuw York, a New Jurwy CorpuI'll tlolb pox Longtfluted and appointed, gird dorm hereby comatttute aid appohlt 11of;11 it. Morrisar Robert Maxwc'.11 and Bertha L. Amon of Torr).rkana, Toma - - - - - each Its true and lawful Attornc'''-In•1'act to oxceuto doslgautlon In Ile name fold to n lx Jig corpurnto "vidloiw7 dMhTor?'ur`tuid ()"it Rs rclitlf-ax-HUirottr uthetJt wise, hondx of oiUtor of Cho following v es, to-wlt; y t}turbou o I, 13ofi(18 oat bohnlf of contractors III coat !Hoerr with bids, propognlx Or ,:uatractl to or with tho United States of Amurlea, any Stato or pulitical Hubdlvido11 thorcof or tiny porgou, Ilan ur coilmretion; 7„ Surety Bonds to Clio thlllod rStatog of Amcrlca or fifty agency th+iroof, f leludln;t thoxo regnlrod or permitted hu JI)IIIily (bonds usulcr rogulatiollo 01AU111 or 1lutNUlntiomi Inturnril imy LState,' (Aty,'Tomi, ondVIII11craitt bonds or Other Bound or other holy ur orgnnividon, public or private; bondH to Trnnxportatlon Companies, 1,oNt Instl'mllent bonds Lase ho ado, Wurlunor'x Conlponsatlon bonds Ailsoollanooug Surety bonds and bunrh on buludf of Nointdux, Public, 81lorifl'x, Deputy Ahm'iifx sad 8111111111• pul,lie 011101n1H, 3, Ilondg and UndortakIngH ro(IU11'C(I of 1)et'IltlttC(I by hiw to Ile glvurl or flied fa goy xUIC mutter ov proceeding In any (Tuurt of the U1dlod Slaters, or ally Stetu or other Cuutt, ov u1+on to ur I~ILI with any Shuriff or AIFIglgtrnle within Oily StetO for the doing or nut doing of,ttuythfill, ypoelliotl III ouch lfvUrl~or,Undottaking, III whlLlt CIIU penalty of Clio liond or Ilablllty 11surre(1 under such undurtaldny, rleex not axcacd will regpecl W VIdl efnty 11ood9 tha:®unl of;, `4 r 1)ulihrx (8 Nil (IhIf I,4iClf'a6op"t to n14'ofllop O'l)"'of COtit't Ifohdg thb'sliNt of ])ullnl'x ) Pity 11%Q1{a4n4 50 ]a 31,till u l 31.11lC~ttthe geld 1'7;l I`RAT, IWIMANC CO f N P . ~ i , I ~NY bag, 1111- rgualit 1, to ftH 11y.1,nwx, calmed shL.yy pr'oxvu(s to by upped by 110 Vlqu Prviii4vnt nltd 41golgtuljt 6Vsultu>'y null lix gotporato xvgl :to be lcreto llnlxed 0111. day of . 17t& ceulbe 10 :I''1;711,'1(AI,"f ~f5U1~ANG1'. G0RJ1'rINY I;Y yr„~+ 7r)Jo8 lt. bow ]'Yhdal lok C. (blydnut~ STATbI Olr NXW Y01tK Aeafot<m1t yematttrtl It gH,; Comity of Now York. On (hf8 ],(th lily of December 11) 59 , befcuo ma personally came hredovick (fardner, to me known and by pIC known to be Ansistant Scaro(nry of tho h'IMMHAT, IN0'IIAN(11'1 Cdltifl~hI~Y' }1o car- wratfmt dasm-fl'ed in and wlllch executed tho forafgo11ly I'owor of Attorney 111111 OW gaf(I P'rcderlek C, Cardner Acing by lnu duly gsvurn, did depo8u and Nay that hu rogidos In tho City of New York, III tho Slnto of New fork; that 110 1H Aimbitant SQ etary a the I`I1i)AHAI, INSUftAN(a9 (MIPANY end I(naw8 the eorporatu Held thereof" that thu qLa l allixed to the foregoing Power of At(orftey Is guch cotytornte, seal And wan thereto Offlxed by nllthor• fly of the BY-Laws of sold (lompanv oil,] that he sfanod gaid Powor of Attorney ex Axslgtant Secretary of snid Corapmiy by 11140 1111tho ty; Mat 6 Ix ncgU1IIIl0d W1111 Thos, It Dow and knows hful to be Vlcu 111-exidout of Hafd 81 w~rItleglofts'alldtTho1t111t Dowt lmd of w .9111d ll fher1eto subscrllvhdl by L alnlhorlty tt of Iodd Polver (if Ilyfnwtrlta nil I19 111 n dup,n(PlI N 1iptlema cJ', Aclolowtedard und8worn to before nil oft the (trite obove 101-Mall, r 1 $06 i ''OA ' a Ry 4 pUQ MARION J, AkO NotarU I'r1GiEc ItA" f I[ '•ti NOTARY PUBLICShit of Now York NO,2d•7fI378f,t1 QfiNE~ C(Ttlnvato "odlII Nto xYorskte;otfuly ~S Commlee'1,n Expires Afavch 30 . form l1l02I~ lev, 7„9 19~t1Q 11177b 0 )M) 01TV ANI) COUNTY OF NNW YOItKI fig 1, the ti>ldoralgnod, Agbialnnl .Secretary of tbo..Iv1; DW1, 1NMiliANON' COMPANY, db hereby cdrtlfy that the following in n truo excerpt from the IIy-Lawq of tbp salt! C,onlpany an advptod by its Board of Ulreptwrs on March 11, 1063'and amalu!4A'dhtei.16v 1,1,'folio niul that thfg lly-l,nw Is in full farce uud elfcet, "rllt'1'IC1,17 XIX, LXI1CLITION OF POLIC11,113, BONUS, lfiTfl' Section 9, All Bonita, undertaklags, contracts,powers ,f attornoy end r;~liur InVitiumonG other than as ubovu fer Mal tfh behalf et the Compah~' AIA It lA nuthotNed by Inw or Its o1mrtorc W oxeculr, any and filial) be;oxecutod III thu muuu n ad old hahul of the Compony oltl}~r,(1) by Rg I'vepident, or n V(oe I ranldent, or an AWAnnt 1h1co ll es~il fit, ,lohctly Ivitlc Ito S, ret vy, or an Aanislant Sud Ary, unclar their iOnpeotlvo rlegigmttlot:n -except that: (a) any o0ker or uftlcor% ngent or hReutg, ntturueyhl•fnct ov attorneys-in-fact, dasipnntptl 'In auy rosoiutioru of the Board of birectora or bNecutive Committee odopt(d olther IMforq pr, nftc r tho mad:lue of L~3n Ily-Law, or It: ally power of attorney oxecuto4 es provided tut" lI, IUTA acalion, I)un axecut& n U e manuor pvcscHbod hi such rosolution or power of,'kttoy.I' y.Or authoOl.y ally such bobd, Zlortaking or tither obligation wldcl: he or they shall Im tt)llpotvercj to execute by ~ucli~-esolutlon air power of attornoy or mrthorizatloo;" And I furthor oartify that I havo comparod the foregohug copy of tho I'OW1,;It 01i ,A,1'IC011NEiY wl,t)h the original thorcof ind the some la a cyrroct and true copy of the whole of said orlglnah Powch,u'l'Attornr.y.rjytJ'thut nail 1'o*pv qt AttOrncy Aas out boen rooked, And I further cortlfy that sold I0I;UI4ItAI,., INSUI1ANCh; COMPANY In duly licensed c Ito' transact lldelity and gttroty buslTim ]I) oneh of the ,Stnteg of the United Wnteg of America, I'verto Him, and arch Of tine Provlacoo of tale Dominion of Clumda with the excoption of PrInce pldward Island; find is also duly Ilconned to 6-001110 aalC aai'aty on bonds, tuidorttldt:gn, atc., pornuitted or voq'tired by the Inwo pf tl:e.. UnJtad Stntgo, Given under my hand cad the anal of gall Compnny at Now York, N. Y., thin . , _.......~b y slnY of .r /d aiatant,Yec:9'nrI/ I a l I?Id ilt TABLIa oI1` commag-,yt; PAN TIMU PAOIC ADVl9Vl':GtSEMI;NT A-1 A-2 INMIMC'TIONS TO DIDDERS IB-.1 T.B-11 PROPOSAL 11I0-1 PF-2 fl?EM [iAI, CONDITIONS M-1 ac- 14 CONTRACT AOREEMINT CA-1. CA-2 PEMFORMANCL BOND PD-1 PD-2 GIVERAJ. SPLCIIIICATI:ONS 0-1 Onneral 0-1 Delivery Schedul`. 0-1 Quant i. ti o s C,-1 Protection During, ;hi pmont O-1 ShiPping Notices 0-1 IENAIUM SPECIFICATIONS D3-I D5-11 Colleral D.I - I I.dontification DS-1 Framing DS-.I Standards US-1. D3-2 Prohibited Defects DS-2 BM30ninfl DS-2 Troatmont DS-2 DS-3 Insured Warrarity D(8»3 DS-4 (DENTON) 'T'MAfS . VO, 3103 CIMNSMI'-STON .I::IE POLES - 1!J-1WA) [fiAN6iMI. } ;7;ON LIM; POLigB J~'OR DERVOPI, TEXAS I7eu.l.ed blda3 will be rccoivcd by the City 01' llenton, 'i'exaa, at the nffico of the City secrotary, prior to 7.0:00 a,rn, 'o. 1.)Ei then publicly opened for fuzinisliinl,,ilobullonion,lrilexus,1COfI' Po~71er~rywil}i tnourod warranty, to be used in the constructio,j of 69 kv transmi~~r,w"., llneu anti ussociatod di.ntz,ibution circuits, now `D'pccil'icuti.onn rri.7.:L be iasued to on:l.y prou1)0 tl,vc bi.ddezvr who have bee;; qualified by the Bng.lhoera, '141e Lngineor'a cJualifJxIALion of prospective bidders wi,7..1 be buaed an writ Lon ov:Ldence whieh ouc11 proupectivo bidder rnuat uubmi L i r, duplicate to the Fngi.necrs and which contui lm the 1'017_c.win(~ J.nformatlon: 1. 'lubmit evidence that he: ELI Baal an adequate i'inancau7. sLubua l;o meet the Financial obA l,gations Incident to thin tiroz9c, lfus lia ,writ or proper clai"M pending against him on other similm, work, Submit evidence thut he has munufueturcd auceeunfull.y poles Of a ,,imilar s:l.re, sileclec, and treatment, which have been In succouuful. two for rive or more years within the United states. The evidence shu:1.;1. consist of a selocted lit;Urng of the uni.tu indicating the ownerla name, location, cluto of installation, size, spoclea, and treutrnent. 'Me lioting shall. be specially prepared for thin particular bidding and shall JAHt only thoao units meeting the above requirements, Prospo.cti,vo biddera may muninc, copier of the ripeei.fications tl,t the, of.ficc of Black & veatcli Conau7.ting ISnginoors, .1500 Meadow falce parkway, P. 0, ]lox 81105, 'riansaa clCy Ili, Mi.saouri, qua.lified prospoctive bidders may obtain copion of the spoelficutionu from Lho Conoulting Engi,neera oubject to the following chargea for !:.-arh ropy: Five copier or .loos Each aclditlona.l. copy No Charge fi5.oo All. bids muut be made on printed contract documerd, forma included in the spoci.ficationn, (DENTON, TEXAS - NO. 3,103 1'RANJ141,181ON LINE,: F UELS - B-11011 ) A-I. Glhon filed with the Cit;;r Svorctaq, each b.ld shall be accourpanied either by an acceptable biddor's bond, a certified check, or a cashier's check on any solvent rank, the amovAit of which uhal,l. be not; loss than 5 per cent of the amount of tho bid. The bid security shall be mlyle payable to the City Treasurer of the City of Donton, Texas. Bid secui,lL,y of the rmuccessful bidders will be returned when their contracts huvri boon ciigned, filed with, and approved by the City. Bid aocurity of uneucccusful. biadero will be returned on award. of contract, No bid may be alterad, withdrawn or resubmitted within th ri, (30) days from and after the date set for the opening of b.tds. The City of Denton, Texas, resorvea the right to rojvct any and all. bids, and to waive defocto in bids. CITY OF DEN'TON, TEXAU MMSMSION ;NTON, (ITA ;3 r NO. 3103 LINE POUM I;-IIOA$ A-2 M~ 114.1itill!"IT'IONS TO BI.DD1R11 PBOPO'SA1„3. Proposals shall be submittec 111 duplicate, ouch t~opy containing; a • oun~i d copy of these contract documontn with the Propoual.rung requcntod data farms proljuvl.y filled in, Proposals submitted without a bound copy of these oorntract documents or without all requeut.Icl data and information will Emp•ly that the bidder door not intf-.nd to comply with till of the contract; conditions r,nd ouch propuf;al.s will. be considered irrogtil.ar. The bound copy of those contract documenta submitted with the Proposal, olrall. inc.lud:• all contract doctunent•s contained therein when received by the bidder. IlitrJou made by the bidder on the contract documlent forms ollul,l be typed or logl.bl.y wr:l.tten in ink with all prices ntaLed 1.11 words and figjurco, Equipment data forms or other data forms to be filled in by the bidder ohall be boldly written with black ink ox shall be carbon back or ozalid ribbon tyr)od so that suitable reproduction of the forms may be mado by direct ozalid r;. nW.ng. Blue ink or ball point lions shall not be used for filling in forma. Conflicts between these contract; documents and the bidderla proposal inc:Wdl.ng contract terms, ncopr; of the work, details of design, materialn, performance gi,uranteeo, testo, conditions of service and methods of },cork nhall be marked in ink and uif,ned or initialed by the bidder on the bound copy of those opecificu- t-onn submitted with 'the propoou]., Conflicts shall be marked directly on the pt.gos where they occur by making reference to a particular page or paragraph number in the 'Adder's descriptive information, or by innertin(, notations de- scribing the conflict, Conflict notationu which make reference to the bidder's deoc;,iptive information as u whole will not be acceptable, in case of conflicts be'iweon these specifications and those of the bidder not narked as directed, the Engineers' apeoificationu shall. govern, If the bidder alters any part of these specifications and contract docu•- men;s by cranures, deletiono, interpolations) or by any other way each such alteration shall be signed or initialed by the bidder. Proposals shall. be submitted in a riea.led onvelope addressod to the CI'T'Y OIL' DENTON) 'T'OMS and to the attention of tho Dl.reci;oi, or uti:Lit:ies. The c it/, :Jope shall be cndorued on the outside with the bidder's name and the name of the work bid upon, A u,ing.le proprietary Interest shall not oubmit multiple proposals for the name work even though the individual. proposals may be submitted under different names. The Owner reservea the right to reject all, proposals so submitted. Proposals may be withdrawn, altered, and roaubmitted at any time before tho time vet for opening the bids. Proposals may not be withdrawn, altered or resubmitted within 30 days thereafter. (DEMU, TEE) - No. 3103) 111-1 1'ROGUARANTEE. Isach proposal. shall., are a guarantr;r, rr!' good i'uith on the t tlddnr, be accompanicci by either a certlfi.e,l r:hoclt or cushier'. Check dt-awn on any solvent bank, or tut acceptable bidder„ },uitd executed by the? bidder and a nurnty company authorized to do buu1rj(,, 1n I;he State of Toxttn 1.n an amount of not leas than five per cent (j%) oi' the total bid$ Tho proposal. guarantee shall be made payable without curndJti.on to the "City Trceujurer of the City of Denton, 11'exas" and the amount; ;I.' the e took or bond may be votained by and forf'olted to the said City of Denton, Texas as liqui- datod damages 11' such proposal is accepted and the contract; is awarded and the bidder fails to enter into a con tract in the form prescribed, with .legally responsible sureties, within ten (10) days after such award To made. Proposal. guarantee checks or Midi; will be returned to all. unsuccesuful bidders artoz' award of contract, and to the successful bidder or bidders afLer -they oxeeu.lo the Contract Agreement and file the bonds required by the contract. ,SIGN;1'1'tTI;LS OF I311DERS, Vlach bidder shall. sign the proposal., using his usual signature) and giving his full busincsb address, Bids by partnerships shall be signed with the partnorship name by one of' the members of the partnership or by an authorized representative, followed by the designation o1' the person signing. Bids by a corporation shall be signet; with the nwne of tho o„rporat•ion, followed by the signature and designation of the presidcmt, secretary, or other person authorized to execute such documents. The ntacte of all persons signing should also be typed or printed below the signature. A bid by a Iverson who affixes to his signature the word "presidents, `secretary", "agent", or other designation, without discloning his principal., will be rejected, Vhen requested by the Owner, satisl'actory evidence of the authority of the officer signing 1,11 behalf of the corporation shall be furniuhod. TAY.LS, As,810,814E YTS AND LIOMNSB l EEE-;, The bid price stilted in the Proposal shall include all taxes, license fees and assessments which might be ].awfully ass;essed against the Owner or Contractor oil the date of the Proposal fur this work, This shall include applicable federal, State and local taxes, license fees, sales taxen; use taxoo, occupational asseusmonta and other similar taxes, license 1'ees and assessments, it shall be the bidder's responsibility to determine the rtppli,cable taxes, l:i.censo fees Vnd assosttments. If the bidder is in doubt as to whether or not a tax or asscoament is applicable, he shall state in his proposal whether oi' not this, item has been included in h1s bid price and the nmount of the applicable tax, license fee or assessment in question. INTEMI' EITATION OF B11EMITICA'1';T.ONS, 11' any person who contemplates submitting u bid for the 1roIiosed oontraat l.t in doubt as -to the true meaning o1' any part of the plans, specifications, or other proposed contract documents, he may submit to the Hogineer a written request for an interpretation thereof', submitting the request will bo, },esponsible for its prompt delivery, Anyrinter., pretution of the proposed documents will be made only by addendum duly issued and a copy of such addondwn wi,ll.f•,e mailed or delivered to each person receiving a set of such documents, 'Pile Own r will not be responsible for any other (bEWON, TE'XAS - 1101 3103) IIl-2 eiplannUonu or inturprotations of the proponea documgh0q, c Oha.l..l. Ire the ranponsibiltty of the bidder to advtwo We Engineer of conflict- vequi.roments or oml8oions of information which vre, rpr,o8nary to a clear understanclWy of the work before the date set for oponliq hi.ds. 'Phone questions not resolved by addenda shall be listed In the Proposal., together with state- mentn of the basis upon which the Proposal in made a" affected by each question, TIME OF COMPLETION, The time of completion of the work to a basic considers- Lion of the contract, and the construction period reamed in the Proposal will be taken into consideration in making the award of contract. The bidder, however, In cautioned against promising an early completion date only for the purpose of nocuring favorable consideration of his bid. It wil1 be necessary that the bidder sat.lafy the Owner of his ability to complete the work within the ati.pu- lated time. In this connection, attention is called to the provisions of the attached Clcneral Conditions relative to delays and extensions of time. ACCEPTANCE AND REJECTION OF BIDS, The Owner reserves the right to accept the bid which, in its ,Judgment, is the lowest and best bid; to award the contract by sections; to reject any and all bids; and to waive irregularities and infor- meliti.es in any bid that in submitted, Bids received after specified time of nlouAng will be returned unopened. IM OliMAIVION 'CO BE JUBMITTLID W111'li PROPOSAL, Each bidder shall submit with his propose the name of mauul'acttlrer and the type or model of each principal item of oquipmont or material he proposes to furnish. He shall also submit there, with ()re,wings and descriptive matter Which will show general dimensions, pri.neiplo of operation and the materials from which the parts are made, Any bid not having sufficient descriptive matter to describe accurately the equip- ment or materials bid upon, will be rejected as irregular, The above drawings submitted by the successful bidder will be retained by the owner. Any material departure from these drawings as submitted will not be permitted without written permission from the Owner, Verbal, utatesments made by the bidder at any time regarding quality, quantity or arrangemont of equipment will not be considered. If alternate equipment or materials are indicated in the Proposal) it shall be understood that the Owner will have the option of selecting any one of the alternates so indicated and such selection shall not be a cause for extra com- pensation or extension of time, (DEN`iON) TEXAS - N0, 3103) IB-3 LOCAL CON})I'i'IONS, If the wort includos field conrsi,rue tian, furnishinN field lttbor,'r)r nishillf; of field supervision, each bLQ+lr;,,r nhu-11 viuiL tho cite of the work and thorouLr}j.1.y j.nfox11) himse.ll' re.lativr, I:o con;3 ructizards and procedure, .labor, and till other conditions and on ha facl;ors, newhicesch would affect th , J.0ca1 and otava r1.se e prosecution and completion (j, tile work and the cone sary for maintenance of unin%or,rupted operation) the availability and Cost of labor, and facilities for tMIMPnr.tation, handling; and storage of materials and equipment, It must ha understood and agreed that all much factors have been properly inveatigated and considered in the preparation of Ovary propoeal eubmittod as there will be no subsequent financial ad,juutment, to tiny contract awarded thereunder) which is bayed oil the lack of sttch prior information. or its effoct on the cost of the work, 130ND, The Contractor to whom the work is awarded shall 1'tarnish a performance ~ bond to the City of Denton, Texas in an amount equal, to 100 per cent of the contract atnounL, 'Ieho cast of tho bond shall. be included in the .ltanp sum bid price. The bond shall bo executed on the forms provided, copies of which ave attached hereto, and ai,gned by a Surety company authorized to do business in the State of 'T'exas and acceptable us surety to the Owner, 4lith the bor d shall :.e filed copies of a "Power of Attorney", certified to include the date of the. bond, (l)CN'fON, TEMS - N0. 3103) tUI ['MENT ) 020162 1;13-1t I'ROhOEiAL TO '1'lil* 110NORA131J?, MY011 AND cl'I`Y coIINCIh DMITON, 'PTIXAH ' rf~l'1'i'LI~11d1~1N: (pX..c~~ The' undornigtned frYupUnra i;<r .iUrnlslr t; ranl;mi.srsiun LLnr, i,ulr:: ri, ui;eui.fLcd hercln for the I'ollowirr :Cuurp swn price. Phc lurnl, r,+1rn 1?r cc includes; delivery of tho pol.co :Col, cr•,rr+, henlon, 'Perrsa:r. 114LLAarI L11~N rl~'C_.4?`:^?'h ('I1 37j 1}/a,08 ) I'rlcr; _ QUAN'iITIE"S. It .ta tirr8eratood and agreed that the a,bovc, 7.Q{np stun i1rLr.e i:; hu[10d on Che quunUti.es given in the fol,l.oving tabul.aLLo;r, and t;hnl; final quant,i.tler, w1.11. her burrod on actual. regUiremanta urs dca,urrrrinorl by the final deal(jn of the .Linea prior to the final. ehipmenl, of ho;lrrrs. t'hezie quantities 0.rr; boned on t;he roqul.romenta for the two t;z'anam.Lanion U.num and asr;ociaterl distribution ei.rcui.tr„ it is uncle, iLood that ftna.l. 'iraallUtion may be bused on one tranarnitmion :Ilm and tapnoctcete,l dintributl.on cimul.ta. Unit pr ces are t{1ven on (crtain '31ZCF; of po:l.ec, V11011 t;)Otlj,h quanUties :'Lor that vine are t;J.ven Fars zero, t;1 nr e Cimid requl remrntn, ma}' requian idse of poaea In t,hose t;i7~or;. The unit i,alcor; rtivou irr the fo.l.aLowing i;ubuaa.tiorl rha:Il. bo uscrd in tu1juat.ng the gontrael, price np or down in accordr3,nac! wl.th the exugi; mmber of po].rn de3.1vered, 1~olo T,enF th a,nd C.lunr; 4ZmultLt_y Unj t 1'vk1 u 5 5° o ._._.__7.) 8 8 6o"2 Fri- l -._~,f..~?.w.~►1.. do V iL~' 01 75 C)o 75":I. 8o v l rs _ 13r-.1. LO 135..1 22r rr 1'o.ioi.; wIJ . be dc!:i_1.vero(1 90aul<ndar clays aftor written notice 11; t~iwar by the P1no,,1neera roJvarjlnU their munufacture, I'r,lcoa busrid rrn 1'urn.i.nhing hand or maohlno poeied pol.orj, our option. {1)lilNTON, Tf,,XA;i NO. 3103 'MAN3141113101 r L F NXI POLLS - U- I I OA) IT-1 of 110101, pi'OpOsed is 501JTF1'i1 YE1 W E'llJla If thin Propoaa.1 .ir, accepted, the urdenjigned hereby iii( reoa to (_r,Ler lntu n contraot on the attached conLract forracrs wfl:hirc ttl;c (J.0) ca:i.0ndar days from the date of your acceptance of this, Prop+)ua1., 41,110 above .pricec; arc) firm. Dated at; __joxrcr ranathin ZO~hday of 196,2. _ o1'I'LFts CO~Mmy~ ,._IICj WOOD r~fu,sra:vzlx; utvss~arJ J. W, , u11i VIM nt,ria l; Manager . 1iusl.iier;r; Acidrer,:; oJ.' ]31(ldur K0F'F'l;li.~ CO1ti'A~iY. 1~iG.__ r'oA offlen Box 20 F;trtl;! W, I:rcc,v f,o roa,1un DFAAWARY, (111 TON) TLUtIS - :c. 3113 ) (TRAN91,I),M310N LTNE POLES N,-.110A) [trli~l k},~ SI'€C, i;). I-f-:1A (clr,<:t.rir,) pl:-') (t.rtiallhonrr) nlll,r~n,.l t x a. irr:,rrlirl) I;ai r 's;,1t;~,,,daY Invoic0 No In AddiLion to tho f,Lmidar'd ono, y,lar• viotrtinty, the un~lnrstiqnAd Nordin, after co110(1 tua ";luppIIuv") in cansiri).3'1ll.1011 of thn purr.l'ann of wood poleA And otubs (herelnaftr)r en11c11 wl))wllced polcn) i1rodueod or frosted by Lho suppiior, for An hlor.trio or to Iophono ;;yr,torn) lip3•iaby warrnrits tilA vrarrrntFr_I polos oryaimit docny, rot or 1116(mt damago occurring within tan yours nftor dolivery of warronl<r(i poles La the purr;h,,eor for irral:ullr+tian, on the folluwvinq tviws and conditional If within ton yUrlrs nftrrr dolivory r,ny warranted polo t0h,111 8110trlin docay, tot or inooct damage, Ulf) rpply iot 6harll relOwIr,o tho flurchaa®r, within thirty days aft•or° doter'nlination of loos A!; covered horr+in, the cost of ltaplacarmnt,* of such wavi'ant.vd polo oubjor:t Lo tho following Ii.Alital N)IIar•e fr:r oo!,h vro rAr'•tud Pole s;,uhl i>.)tiers for Beth warranted polo, telrphona poles; ( . IN)IIVrI for cosh wA1`InnLr,d poll,, c:lUc(vic poleri ,'1'S foot or undorI ~`g•._ Do11Ar!r for rfnr:h wRrrflnLc.d polo, rllectvic poilo r3 Wl frrllt~ to 4?.'fotL'q Iklllerli for ooc,h wArza1111ml polf1, oloctric pfllos 50 fool. and ovor. This vr.4rrnnty !!boll ;;nn in feeov rf, th oricrtnnl I~IIrr,3r;finnr of tho'wari-nittind p01U6, or its lil)irlnngr,. !his warranty (.!lull not. ripply to doclliy, i-o!. or inn*~.t dor,laye cr;usod by or rowiml Liny from r)ny of the fol lowtrill httyond thol oont,)ol of tho wippllcr r1c;r~lrlrirty Ill ti t dlrllvvey of thr' w,.rrrfllt1111 ;),Aos, to 1,i:.r. pur( lolrv)v for lnytlllrlt.lon of r„lctne'1) of tho I,nrr1111"'O, I Vloodi.ockor- rjnr?l1cla t l,~ Iu,plrlp,l ctoroq`) Inlrrr:rlrul AIt)tir'etIon oUlu i (lime r❑gni:N'd by 1:11 :1(clocr111. crtov'd ir'i t)r)lrxlt 01' lhblllt- rINMil l pr Ac Lleo Iw? fxC,m ri,,Jd~on or,cm) ice6 of rimOwnI (milt';, il'7CiuOIliq bill- nnl. Iimii,rld i PI'1t1d, 1'r}tlLnihl, sviruiltortn t1r 3I not. Thin wan)efIty shrill not rl1'i•11y to Any w;urColt ed polo of lcihich the id_ mti.. f Ic rlt1(111 hi)n hoop aI Ir. rr,I 11 l'f 1.1 r.(rrl 11l rrl AOS'fit II the wipl'1lloo, n'llorir: U) li,lir l.,iin in'.mari(o in t11,prI(J r)I 0F1 vo)xranty jr, A foifn and wltIL ,in iorloiill ooo1-1^Far r,i,ry to the !,<mUltatr.91_r)r of 1114 Nor111 lilof.triftcrlticm Admintsl,.tai.ton . >l)l)p1 i(lr :tn t} r1~ 1 t tl *ihn till A) 1147RL of N elil aL1)iPG lit ohell inl, hi,1e) ilot lioi l)r' i lr}krJ1 i.e) F,191))t.l1l and SnstaUai,il~lr cosL of now polrr, tho = o,&t of r mlov'I r,f tho vir'"P 'rlterl pritrl, the Coot of trr,nsff~x of erluipnlant from 019 r'ai'8nt1rj Ipr.jr, Jr note p1C71O, l1nd lasrOrjat,rvrl tlfnGpltitl }t'A rll r:or't- hfl't UV firieAtl AI' &Cr,Ui,llljiip IN th nurrnel account.intl prsetil;Q. t GLNIMAL CONDI'T'IONS CONTRAc1l, I)OCUMI3N'1'8, It is Understood and agreed 1;hn•1, Who Advertisemen t Instruction;, to l3iddere, proposal, Performance Bond , (;r,ntract Aigrecmcnt General Conditions, Specifications, Plans, Addenda, t;ha,nr?,e Orders and spe , d{'ications and engineering data which may be :furnlnhed by the Contractor and approved by the owner, are each and all included in this contract; and tine work shall be done in accordance therewith, D11'I___ _NINS. Words, phrases, or other oxpresniono used in these contract documents Shall have meanings as follows; 1. "Contract" oil "contract docuwnents" uha.ll include the items enumer- ated above under CON`nnAC'i' I)OCUMI;NPS, 2. "Owner" shall. mean the City of Denton, `T'exaH, named and desig- nated in the Contract Agreement as "Party of the First Part", uctinf, through its Mayor and City Council. and their duly authorizer] agentn. 3- "Contractor" or "manufacturer" shall mean the corporation, company, partnership, firm, or individual, named and designated in the Con- tract Alrroerrent as the "party of the Second fart" and who has entered into this contract for the performance of the work covered thereby, and its, his, or their duly authorized agents and other legal. representatives. ?F. [I Engineer" or "Lngineers" shall mean the firm of Black & Veatch, 1500 Meadow bake Parkway, Kansas City 14Missouri, employed by the owner fox, this work, r,r its duly authorized agents, such agents acting within the scopo of the particular dutios entrusted to them in each case, 5• "7nnpeetor" shall. mean the engineering oil technical inspector or inupectorn duly authorized by the Owner oil Bngineer, limited in each cane 'to the particular duties entrusted to him or them, 6. "bate of contract", or words equivalent theret-Q, shali mean the data written in tho first paragraph of the Contract Agreement. 7. "Day" or "dayrs" unless herein otherwise rxpr.os;.1y defined, f1hall mean r,, (Ml.enrlar day or days of twenty-Sour hourn oarh. ~"The work" uliall. mean the equipment) uuppliou, and materials to bo furnl.ohod and Installed, and service 'to be furnished under this !on- tract, unlons some other 3neani.ng le indicated by tho context, (.n;;Iv^I}UN, TIi,%Au - N0. 3103) U~GI.G~ GL'-1 r 9 "Plans" or, "drawings" shall mean and :lne].udc; all (a) ctrawi.u(rc, furnished by the Owner an a basin for proposals, (b) all supplementary drawings furnished by the owner no and when required to make clear, and to define In greater detail., the intent of the contract plans and spec.1TIcutiono, (e) drawings submitted t)y the successful bidder wiUh hin proposal. and by the Contractor to the Owner, when and as approved by the Engineer, and (d) drawings submitted by the owner to the Contractor during the progress of the work as provided for herein. 10. Whenever in these contract documents the words "as ordered," "an directed," "as required," "as pe,•mitted," "as allowed," oi, words or' phrases of like import are uond, it shall be understood that the order, direction, requiromenU, psrmisofon, or allowance, of the owner or Engineer Is Intended only to the extent oP Judging compliance with the terms of the contract, none of therm terms shall imply the Owner or the Engincer has any authority o.C or responsibility for supervision of the Contractor's forcos or construction operations, such supervision ',eluding sole responsibility therefor being strictly resorved for the Contractor, Similarly the words "approved,," "reasonable," "suitable," "acceptable," "proper).y," "satisi'actory," or words of like offcct and import, unless otherwise particularly specified heroin, shall mean approved., reanonabl.e, suitable, acceptable, proper, or satisfactory in the judgrnent of the Owner, or fxrLrirceer, to the extent prr)viaecl In "10" above. 12. 4lhenevor any statontenL is made in tile contract documents containing the expression "it is undern'tood and agreed," or an exprensl.on of ;Like Import, such expression means the mutual understanding and agreement of the parties executing the Contracb• Agreement of which these Gen<ral Conditions are it part. aC-3. VERBAL STATEMENTS Noll BINDING. It Is understood and agreed that the written brinno and provi~ioun ai' this agreememis shall supersede all verbal statetnorrto of any and every official or other ropresontative of the Owner, and verbal ntatumeni•,4 shul.l. not bo effective or be construed as outering Into, or forming a trsrt of, or al:Lering thin contract ill any way whatsoever. GC-11, STANDARD bYLCIFICA'i'I:ONS. lloforenco to standard speaificationo of any technical soeieby,~or~guniv.ation, or association, or to codou of local or state authorities, ohal.l mean the latent otandurd, code, specification, or tertati.ve apncificatton adopted and publi.ahed at the date of taking bide, unless specifically staled otherwise. CC-5 EXECRION O CONTRACT DOCUMENTS. Four (14) topics of the contract documents Will lie prepaby the I3ngf.neer, Copies of engineering data, Npeciul forms, or other documents furnished by the Contractor, which are roqulrod Lo be Incorporated in the contract ohal.l. be supplied, 011261 (Eu pmvp ro) UC-? tc1.10(Vie0 will be submittedtotheContrsetor and the Contrr,r,tur shall execute the Contract Agreement, insert executed copies of the ragairud bonds and submit al.l copies to the Owner, The date of eontrart on the Contract Agreement and bond forms shall be left blank for filling in by the Ownor, The certification date or dates on the Power of Attorney document shall be Roo left blank for filling in by the Owner. The Owner will execute all copies, insert the date of contract on the bonds and Power of Attorney, retain one copy) and forward one copy each to the Contractor, Engineer and Surety Company. OC-G. ,SC02E, NATURE) AND INTENT OF' SPECIFICATIONS AND MANS. The apeoifiea- tionn and plane are intended to supplement, but not neco- narily duplicate each other. Any work exhibited in the one and not in the other shall be executed just as if it had been set forth in both, in order that the work be completed according to the complete design as decided and determined by the Engineer. Should anything be omitted from the specifications and plans which is necessary for a clear understandings of the work, or should it appear that various in- structions are in conflict, then the Contractor shall secure written instruc- tions from the Engineer before proceeding with the construction affected by ouch omissions or discrepancies, It is understood and agreed that the work shall be performed and completed according to the true spirit, meaning and intent of the contract, specifications and plans. When equipment or material furnished by the Contractor cannot be installed ao specified or as shown on the plans, the Contractor shall without extra coat: to the Owner, make all modifications as re aired to ment or material, Such modifications shall be subjectotortheiapprrovalhofnthen Owner and the i;ngincer, APPROVAL OF ENGWIERING IIATA, L4xgineering data shall be submitted to the Ungrineer Vol, approva gyring ali equipment and fabricated materials to be furnished under this contract. These data shall include drawings and descriptive information in sufficient detail to show the kind, size) arrange- ment and operation of component materials and devices) the external connec- tions, anchorages and supports required) performance characteristics) and dimensions needed for installation and correlation with other materials and/or equipment. Data to be submitted shall include drawings an required to show essential details of any Mangos in design or construction proposed by the Contractor and all required wiring and piping layouts. No work shall be performed in connection with the fabrication or manufacture of materials) equipment, devices) or items shown by any drawing thereof, nor shall any accessory, appurtenance, or device not fabricated or manuftoturud by the Contractor or his subcontractor, be purchased until, the drawing or drawings and data therefor have boon approved) except at the Contractor's own rink and responnibility. Four (IS) copies of each drawing and necessary data shall be submitted to the . l~,sigineer. l.loift (,,qu 'MEx x F'OI3 ) cIC-3 >lhei, the drawings and dat are retUr'nod marked "APPROv fI)" ,r "Ras(; IV E) F011 DIITIiIlIMION," additional copies ()hall be submitted to WO., :;ngineer. The r of additional copiers will be detarmaned by tiro; I';nf~}ru;ur but will. not e,.-oed oi(rht (I3). When the drawings and data are returned marked "Al'PROVI;ll lot NY1'131)," the changes ahal.l be made as noted thereon and corrected copies ()hull be submitted to the :;ngineer. The number of corrected copies will be dotormi.ned by the Engineer but will not exceed twelve (12). When the drawings and datn sre returnod marked "lia`'PURNED FOR COBBXCTION" the corrections shall be mado as noted Lhcrcon and as inutructed by the E'nginece and four (11) corrected copies Shull bo submitted. Tho Engineer's review of drawings and data submitted by the Contractor wil.i be for, and will covor, only general conformity to the upecificat'i.ons, and external connections and dimensions which affect the plant arrangement. The PInginecrIs approval of drawings returned marked "APPROVED" or "APPROVED AS N01113D" will. not constitute u blanket approval of all dimensions, quantities, and details of the mratcrial, equipment, device, or item shown and does Itot relieve the Contractor from any responaibility for errors or deviutiona from the contract requirements. All 0rawinga and data, after final. processing by the Migineer, shall become a part of the contract documents and the work, materials, equipment, devices, or iteme, shown or descvl.bod thereby shall br in conformi•l,y Lharewi.th unless otbovwisu required by tho owner or the I4ngilloer. GC-8. LI'j(}AL ADDRE)S. 'iliac business address of the Cor.cractor (riven in the bid or 1'ro}iour,l. upon which thiu contract IH foundod i.; hereby desi.pnIjtr:d ac Lhe place to which all rroLicos, letters, and ocher cutr,municr Lions to I,hc (Contractor may be mailed or delivered. The bunIneus addreuu of' the (Amor appearing on Page GC~l is hereby d,enignated au the place to which all. notluoi;, IcGtors, and ocher communications to the owner may be mailod or delivered, The delivery by one party to the other party at an address uo deuignfoted) or the depouitinj, in cny mail box regulurly maintained by the pout office, of uny notice, letter, or other eonununiaation uddrossod to such address, pasta(;(, prepa'.Ld, yogi r,Lored. -~r certified marl) with return receipt requested) shall. bo doenlod rsuf}'icient acrvice thereof, and the date o1' :;aid service shall be i;ho elate of ouch delivery or mulll.ng, lithor party wuy change the said addreuu at any time by an inatrtsnenL in writing; delivered to the Errginuor and to the other purLy, Nothing horci.ia contained shall be doomed to precl,udu or render Inoperative the service of any notice, .Letter, or Cornrnunieati.on upon either party poruonally. UC-j. PA'1'P;PiTL9. Royal.Liua and food for alai in coirnection with patents or pAent infringement clainta for maLeri.als, articles, apparaLu> , devices, or egr;I.pment (as di.stinESuIched from processes) used in or for the work, sh'ul.l be Included in the contract amount and the Contractor shall atitify all deman,ifi that may be mado ut any Limo for such; and, s,e shall bo liable for uny damagcu, or clrsi,mu for patent infringements. The Con,;.raetor shall, aL his own cost and I.3.UlGI_ (ISl;,illit~iftiNl' 1?oF3 } expense, dofencl any and all suits or proceedings that mtty be instituted at any time against the Owner for infringement or alleged infrintierne119; of any such patents involved in the work and, in case of an award of damages, the said Ce11traet0?' shall. pay such award, final paytr)nt to tho Contractor by the Owner will not be made while any such suit or claim remains unscttl.ed, The Con- tractor) however, shall. nob be liable for the duf'enec of tiny suit or other proceedings, nor for the payment of any damages or other conta in connection therewith, for the infringement or alleged infringement of any patented process required by the Owner in the design of the work to be done under this contract or by the contract specifications therefor, CC-10, INDEPENDEVII CONTRACTOR. "The relation of the Contractor to the Owner shall be that of an independent contractor, CC-I.A, AUTHORITY OF TIM, E'NOlNELIi. To prevent delays aiid disputes, and to discourago l.itigati011 i1 is agreed by the partied to this contract that the Engineer shall in all cases determine thn amounts and quantities of the neverai kinds of work which are to be paid for uuwtor the con+,raot and shall determine all questions in relation to the work. If in the opinion of the Contractor or the Owner, a decision made by the Engineer is not in accordance with the meaning and intent of the ecntract, either party may file with the Engineer and 1.1x~ other party to the contract, within thirty (30) days after receipt of the decision, a written ob,-ction to the decision, failure to file an objection within the allotted time will. bo considered as acceptance of the Engincerte. decision and the decision shall become final and conclusive. The Engineer's decisions and the filing of the written objection thereto shall, be a condition precedent to the right to request arbitration or to start notion in court, It is the intent of this agreement that there: shalt bc. no delay in the exe- cution of the work, and the decision of the Ent4 hoer as rend.+>ed shall be promptly observed, GC-12, ENGINEERING INGRECi'ION. It is agreed by the Contractor that the Owner shall be and is herA' author:Lzod to appoint or employ (either directly or through the Engineer) Duch inspectors na the Owner may deem proper, to inspect the materials furnished and the work performed under this contract, for uorn- pliance with the plant; and specifications therefor, The Contractor shall fur- nish all reasonable aid and asaistancc required by the Engineer or inapoctors) for the proper inspection and examination of the work and all. parts thereof, 'rile Contracto?' shall.regdrd and obey the directions and inatructions of the f~,ngineer, or, inspector so appointed, when the same are consistent with the obligations of this contract, Should the Contractor object to any order given by any inspector, the Contractor may make written appesl to the Engineer for I115 decision, Inspectors, and other properly authorized representatives of the owner or Engineer shall be freo at all. times to perform theJv duties, and any intimi- dation or attempted intimidation of any one of them by the Contractor or by any of his employees shall. be sufficient venuon, if the Owner so deeiden, to annul the contract. 6V, j r.rr«. Bc.u:h inspe,:tion shall not relieve the ContracLor froth any obligation to I) cr- form the work strictly in accordance with +;he plans and upecificationa or any modifications thereof as herein ' )rovided, ail work not oo consLructed sha.l.l be removed and made good by the Contractor at his o4nt oxponac, and free of a.l.l expense to the owner, whenever so ordered by the Engi.neer, without reference to any provioua inspection. (IC"ll, NO 11AIV M OF 17IGHT;S. Neither the inspection by the Owner or r c,r any odtlioir officials, employaea, or agents, nor arty order by the~Ownerur or Engineer for payment; of money, or any payment for, or acceptance of, the whole or any part of the work by the owner or Engineer, nor any extension of time) nor any possession takon by trte Owner or fta emp.lo,yeeo, ;hall operate ar: a waiver of any provision of this contract, or of any power herein reaorvecl to the Owner, or any right to damages heroin provided, nor shall. any waiver r,i' any breach to Chia contract be held to be a waiver of any other or aubseciuent ])reach. (IC-1.4 . MODTPICATIONS, 1I4te Coiibractur shall, modify tha work whenever so ordered by tea Owner, and such tnodificationu shall not affect the validity of the contract. Modificatiol :a may i~lvolvo increases or decreasas in the amount of work to be clone for +rhlch an appropriaLa contract price adjustment wi11 Vi made, Emept for minor changes or udtlLmLmanta which ltivolvc no contract price ad- ,u^tmont or other monetary conc,iderativn, all modificaLluns shall be made under the authority of duly ex,erruted change orders iss+.led and eignod by Lim Owner find ac(.-opted and signed by rho Contractor. OC-:111.01. Extra Worl'. If a modi,ficatiun increases the amount of work to be clone, and the addedt'rurk ov any pa.rL Lheroof is of a type and character which can properly and fairly be clamd.flad under une or more unit price items of the Proposal, than said added work or parL thereof shall be paid for accos,cli.nt; to the amount, actually clone and at Lho applienbl.a unit price or prices therefor. othorwl.rse, auch wol•k a1 ill be pats] for according, to the extra work actually done. Claims for extra work wi.l.l not be paid unless fee work covered by auch clatter, was authorized in wriLi.ng by rdie Owner, Payme:ttu for extra work shall be based on agreed lump awns, ar,:reed unit prices or any other mutually agreed price basin whenever the Own-- and the Contractor agreo upon such price: or price baai.n before the extro, work La utartod. Pur the pturpoae of doLoxminLng wlv,thor or not proposed extra stork will be parformad, or for detorminitig the paymert4,, method for extra work, the Con- tractor shall, whenever no requna Led by V))) i,ngincer, prepare and submit Lc., the Rilgineor a detailod c.ust rjstimato for extra work. intimate ahaL. cs?u)w itemized quantities and chargoa for materials, labor, aquiplnernt rentals,, and other elements of coat. Charr?,es for the Contractor's extra profit. extra uuporintendence, and extra overheads ahall ))o nbown as a percentage add] .Lion to the total. estimated net cost. Unless otherwise agreed upon by the Con- tractor and the OV!ner, such pereintugo adclLtiona nhal.ll bo fiftoon (1.5) jog cent. 011261 (!QUIPMISMI, FOB) tor. i GO-Decreased 4lorlt. If a modification decreaaca; the amount of work to be done, such dPCrease e;lieel.l not constitute the bacin fur u claim for damages o" anticipated profits on work rii'fected by such decreojle, ';!here the value of omitted work is not covered by applicable unit pricer, thr., Kngincer shall. cletelUirle on an equitable basis the amount of (a) credit clue the Hwy.. contract work not clone an a result of an authorized uhango ,l. Nfc,a t he Contractor for any actual loss incurred in conracc;tion with) t rpwschacaeo delivery and subsequent diopoaal of materials or equipment required for use on the work an planned and whicli could not be used in any purl; of the work as actually built, and (e) any other ad,juatmcnt of the contract amount where the method to be used in making such adjustment in not clearly defined in the contract documents. W-ly, A11131T11A'i'TbN. Before bringing any action in court pertaining to a decision of the Engineer, blip objector (lierei.nafter referred to as Party A) to the decision shall :first offer to arbitrate tlw question with the other party to the contract (hereinafter rofcnrrecl to as Party 11) by notifying him 121 writing and setting forth in such notice the gv.eation to be arbitrated. Party B can elect to arbitrate or not, If Party )3 agrees to arbitrate he shall. no advise Party A in writing within ton (10) dayj after receipt of Party A's notice. Notice by Party 13 that lie does not wiuh to arbitrate or :failure of Party B to notify Party A within the ten (10) day period, will give Party A the right to aLarb action in court. If Party 13 agrees to arbitrate, Party A shall choose an arbitrator and shall notify Party B of the nrune of the arbitrator within ten (10) days after receipt of' Party B's notice. Party 13 shall notify Party A in writing within tell (1.0) clays after roceipt of the said notice that the arbitrator nwnc:d by Party A nlao.l.1 act as nole arbitrator, or shall tonne all additional arbitrator. If Party B names an additional arbitrator, than 'tile arbitrator named by Party A and the arbitrator named by Party B shall choose a third arbitrator, 'file arbitrator or arbitrators shall act witli promptnaun. in the case of three arbitratora, •l,ho decision of any two allall be binding on botli parties to the contract, as shall that of a single arbitrator If the dispute is submitted Lheroto an heretofore provided. The decision of the arbitrator or arbitrators may be filed in court to carry it into effect. If tncy conaidor that the cane no demands, the arbitrator or arbitratora are authorized to award tiro party whose contontion is sustained such sum or nums ac they may deem proper for the time, expense and trouble incident to the appeal, and if tile; appeal wan taken without reasonable cause, they may award duinages for any delay occasioned Whereby, The arbitratorn shall receive reasonablo coimpennation for their services. 'file urbitratorn aliall assean the costa and charges of the arbitration upon either or both parties. The dcri- sion of the arbitrators munL be made in writing, and shall not be open to objection on account of the form o' prorc;edings or award, Tf for any reason, after the said notices have been duly given by Party A and Party B, the arbitrators appointed shall be unable or shall fail to act with rev,ounable promptness in appointing a third arbitrator, Party A (or) if he deer not clo no wi:bhin a r,earnonablo Lime, Party B) may roqueat a judge of the O62061 (EZU1l'MEN1' 11013) GC-`( United SI;aLel, Di.uLricL t;.,utrt w}lo regularly hol.du entlL Eu elro distri!t .n tiihi.c'h Lltrl Iy11,C of the work, or ally part thereof i5 lnrrll,+: 1;:: l;Illd nalLhia.rd arb:I.tlator, i.f it al)i)eal appO;.lY'L i to s to sutcll judge that t}j; Iwl7 arbitrators tile 1; y appointed were unable ur failed to act wii:h reauur;a.baaY promptness i.n an- polnting a th:lyd arb.it:ratol, he may appoint tho uaicl third arl).iLrator, and such an appointment shall consti.tuto a conclusive doLorin i.nal.[on that the arbttrutorr; ori.ginal.ly appointed were so unable or failed to act: with reasonable promptness und, if the vaid ,judge acted at the request of Party 13, that Party A did not make such; roqueat within a reasonable tits, If for any reason, after the arbitrator or arbitraturn i;avo been duly app)i.ntecl an hereinabove provided; the said arbitrator or arbiLrutorr, sl)a.ll be Unable or shall fail to act with reasonable promptness in reaching a dilciaion regarding the question l3ubmi'ttod to arbitration, Party A (oI•) if lie does not dQ so wi. th In a reasonable time, Party I3) may request a judge of the United ~'tatea Dist.riel Court who regularly holds court In the district in which the site of the work; or any part thereof Is located, to appoint three new arbitrators to act hore- under. If it appears to such judge that the arbitrator or arbitrators origi- nally appointed were unable or failed to act With reasonable prompt -v& in reaching a decision regard`ng the question submitted to arbitratiol, he may appoint three newarbitrators to act hereunder, and such an appointment shall constitute a conclusive daterlnination LIM the arbitrator or arbitrator!; originally appointed were ao unable or failed to ert with reasonable promptneus, ancl, if the uai.d judge acted at requeo'L of Party 13, that Party A did not make ouch request within a railuonable tfmc. if for any reason a third arbitrator, or three now arb.ltvatovu uhall n%:)t be appointed by a judge of the linited States J):Lstri,ct Court under the circumnatnces heveinabove described, or if' three now arbitral,orl, are oo appointed and are unable or fail to act with reasonable promptneue in reaching,, a decision re- garding the quosti.on submitted 'to arbitration, then the arbitration procedure shall. be doemed to have failed, and the parties shall be free to assert; their rights in the same manner at, if they had not agreod to submit the question to arbitration, If the above agreoment 1;o submit queutions of dioput;e to arbitrations J. ; not en- forceable Under the law of appl.icablo ,juriudicLian, each ouch question after i L han arisen may by agreement of both parties hereto 'uc submitted to nrbi.trati,on i.n the ITA1111e1- set forth above, The Contractor shall no't r:aune a delay of the worlt during any arbi traticn pro- ceedings, except by agrcomont with the Owner. 1'l, Is understood and IErcc•l by the parties to Lhe contract that no requirement or sLaLomenL heroin shall be interpreted as curtailing the power of the loing'illool' i;o determine the aniount) qu1.13.1ty, and acceptability, of work and Imn:terialln. GC-16. 11101117.' 010 OWN 1t 1.110 'iIMMaNA1TE CON't'HACIt'. If the w)rk to be none under this contr,c hall be abandunel by the Con ractor; or if this contract uhal:L be assigned by him otherwise than as herein provided; or if the Contractor should be adjudged bankrupt, or If a generajl assl(itlment o1' ht anuef•s be made for the benefit of his creditors, or if a reooivor should be ul.pointed for the Contractor or any of` his proporty; or If a1, ally Lil;;r) the J;ut±lnoov "hall. certify In writing to the Owner that the performance (if' Inc w. rk under tlni s 062061 (mu1:1"' cmi` li'n) contract is being unnecessarily delayed, or that the Con1.r•actor is violating any of the conditions or covenants of this contract or the) specifications therefor, or that lie is executing the same in bad faith oil otherwise not in accordance with the terms of said contract; or if the wc,rlc be not substan- tially cotrgtleted within the time named for its completion or within the time to which such completion date may be extended; then the Owner may serve written notice upon the Contractor and his surety of Wald Ownor'ri intention to terminates this contract and, unless within five (5) days after the serving of such nol,i.co upon the Contractor, a satisfactory arrangomnnt is made for, the continuance thereof, this contract shall cease and terminate. In the event of such termination, the Owner shall immediately serve notice thereof upon the surety and the Contractor, and the surety shall have the right to -take over and conrpleto the work; provided, however, that if' the surety does not commence performance thereof' within thirty (30) days from the date of said notice of termination, the Owner may take over the work and prosecute name to completion, by contract or othetwrise, for the account and at the expense of the Contractor, and the Contractor and his surety shall be liable to the Owner for any and all excess coat sustained by the Owner by reason of such prosecution and complo- tion; and In such event the Owner may take possession of, and utilize in completing the work, all such materials, equipment, tools, and plant as may be on the site of the work and necessary therefor. GC-17, SUSPENSION OF WORK. The Owner reserves the right to suspend and rein- state execution of the whole or any part of the work herein contracted without invalidating the provisions of the contract in any way. Orders for suspension or reinstatement; of the work will be issued by the Owner to the Contractor in writing. The time for completion of the work so sus- pended shall be extended for a period equal to ',;he time lost by reason of the suspension. When a suspension period is ordered by the Owner, prices and delivery sched- ules shall. remain unchanged during the suspension period unless changes are agreed upon between the Owner and tlv- (,ontraetor. If the Contr'actor's prices or delivery schedules change during a suspension period, he shall notify the Owner in writing 30 days or more before the effec=• tive change date, The Contractor and the Owner shall then agree on reasonable and proper changes, or the owner may, at any time prior to the effective change date, either order reinstatoment of the work without changes, or' cancel the unshipped portion of the work. Changes In delivery schedule shall mean extension of the scheduled time of delivery beyond the number of days of the suspension period. CO-18, b1;t,AY10,1) SHIPMENT. The Owner reserves the right to order the Contrac- tor tn dcleiy slilpment of the equipment as heroin contracted. In the event of such ordered delay, the owner will pay the Contractor reasonable and proper extra charges incurred by the Contractor as a result of the delay. Such extra charges shall include storage charges, handling charger, Insuranco) Interest on investment, and transportation charges to the storage fa i ity. 01.1261. (EQUIPMENT FOB) -9 CC-1~1, CANCELLATION Ol" WORK. The Owner reserver, t,lcl: r iphG to cuneei the: unrailhp,,~1 iTo tion of the work. In the event of unac,l lr.~Liurr, the Owner will Pay f,ha Co'ltractov reasonable and proper cancellation rlsurges. CC-2o. LAWS AND ORDINANCES. The Contractor shall. (a all. ti.meo observe and comply with all oririuricer, lawn, and regulations, and ,ilull protect and indelmiti'y t?le owner and the Ormer'n of'fieers and agenLo against any claim or liability arising from or based on any violation of the name, All permits and licensee required in the prooeeutiun of any and ELI]. parts of the work shall be obtained and paid for by the Contractor, CC-21. 11INDRANCLS AND DELAYS. In executing the Contract Agreement, the Contractor expressly coveiwtu and agrees that, in undertaking to eomplete tho work within the time therein fixed, he has taken Into connideration and made allowances for all hindrances and delays Incident', to such work, whether growing out of delays in securing materials or workman or otherwriao. No charge shall be made by the Contractor for hindrances or delays from any cause during the progress of the work, or any portion thereof, embraced in thin contract, except no provided in the paragraph on "S'unpension of Work" of these General Conditions, CC-22. EXTBMSIONS OF TIME. Should the Contractor be delayed in the finol completion of the work byy striker, fire, or other cause or causes outoide of and beyond the control of the Contractor and which, in the opinion of the Lrcginoer, could have been neither anticipated nor avoided, then an extension of time sufficient to compennato for the delay, an determined by the E;ng.ineer, shall be granted by the owner, provided, however, that the Contractor shall. give the owner and the Pngtneer prosrrpt notice in writing of the cause of delay in each case and shall demlonstruto that he has used all reasonable means to nAnirnize the delay. Extensions of time will not be granted for delays caused by unfavorable weather, Inadequate construction force, or the failure of the Contractor to place orders for oquipmen, or matorialn a sufficient time in advance to Insuro delivery when needrd. CC-23. !A MIALS AND L UIPMLNT, Unless specifically provided otherwise in each case, all matorials rind equipment 1`cirnished for permanent installation ill the work shall be new, unused, and undamaged when installed or otherwioe incorporate) in the work. No ouch material or equipment nliall be lined by the Contractor for any purpoo, other than that intended or specified, unless ouch use in specifically authorized by the Engineer in each cane. CC-24. WARRANTY. The r)or,Cractar warrants thrtt the Inratcrittil and equipment herein contracted will be so spocified and will be froo from defects in design, workmanship and materials. if, within the warranty pariod, the material or equipment failo to sleet the provisions of this warranty, the Owner will notify tl.e Contractor and the Contractor shall promptly correct any dePecto, incluel- i.ng nonconforinnnee with the specifications, by adjustment, repair or replace- ment of any and all defective parts or materials, C,(; • lU ~~~~~ere set Unl.eso otherwise specified, t}ie warranty period steal;. bcl 1.11 on the date of, final. paymcut or the date of initial. operation, whir:hover is later, and the warranty period shall and 12 months :later except that; under no circizotances rrlirkll the warranty period extend beyond 24 months after the date the delivery of the equipment and materials was complete. li' manufacturer's field supervisors ure included in Ole coritruct, ouch auporviaion shall be furnished by the Contractor without cost for the correction of any defects, The Contractor will be given an opportunity to confirm the existence of the defect but he shall not delay the corroe'tion while making such determination. The Contractor shall extend the provisions of this warranty to cover all repaired and replacement parts furnished under the warranty provisions for a period of one year from the date of installation thereof. 11' within ten days after the Owi,ar gives the Contractor notice of a defect, the Contractor neglects to make, or undertake with due diligo.ice to make, tho necessary corrections, the Owner is hereby authorized to make the corrections himsa'lf, or order the work to be done by a third party, and the cost; of the corrections shall be paid 'by the Contractor. In the event of an emergency where in the judgment of the Owner the delay resulting from giving formal notice would cause serious loss or damage which could be preveltted by immediate action, defects may be corrected by the Owner, oz' a third party chosen by the Owner without giving prior notice to the Con- tractor and the cost of the corrections shall be paid by the Contractor, In the event such action is taken by the owner, the Contrac?;or will be notified prompt'7.y and shall assist wherever possible in making the necessary eorrecti.ono. UC-25• CLAIMS FOR LAIIOR AND MATERIALS. The Contractor shall indemnify and save harmless tR'eOwner front all elm.ros for labor and materials furnished under thin contract. When requested by the Owrter, the Contractor shall cubmi.t satisfactory evidence that all persons, firms, or corporotions, who have done work or furnished materials under this contract, for wlri.ch the owner may become liable under the laws of the :mate, have been fully paid or satis- factortl.y secured. In case such evidence is not furnished or is not satis6- ft~ctor,y, rill amount shall be retained from moneys due the Contractor which, in addition to eny ,ther sume that may be retained, will be sufficient, in the opinion of the Owner, 'to meet all claims of the persons, firms and corpo- rations a6 aforesaid. Such sum or sums shall be retained until. the liabilities ats aforesaid are fully discharged or w%bitifactorily secured. GC-26. 11BUMSL OF LIABILITY, The acoeptance by the Contractor of the last payment shall operateasp and sliall be, a release to the Owner and every officer and agent thereof, from all claims turd liability hereunder for anyl;hing done or furnished for, or relating to tho work, or for any act or neglect of the owner or of any person relating to or affecting the work. o82861 (LQUImNT FOB) GC-li G(1-2'(, 1)1~1'A,N A, oI'' Sully[3'. In cane action at -11W rn _ cui.t an equfi;,y is breutht apainirL 6hc bsiier or Pngineei' or any offkc;c,r crt agont of either of tlicrll, for or err account of Lhe failure, omiariion, r,r neglect of the Con- tractor to dO anti perfonrr any of thc, covcnnrrLn, nets, lwM-erg, or things by thin contract undertaken to br done or porfonrrcrl, a:r for the injury or damage caused by the negligence ox, al.l.eged negligonccr uP the Contractor or hin afsonts, Lite Contractor shall. Indemnify and save; harrnIerm the owner and Ent;sneer and their officers and agents, of and from 10.1. Ioneca, damages, (losts, expenaca) ;I.doncnto, or decrees whatever arirsing out of such action or ouit that may be brought as aforesaM. GC-28. INGUAANCI'. The Contractor nhal.l. aecure and maf.ntuin insurance of such types and :In ouoli amounto as may be nnoomwary to protect hims .i,^ and the interento of tho Owner against all hazards or rimes of Leas an hercin- after denignutecl and spccl.fied. The form and 11miLrr of such :Insurance, togebher with the underwriter thereof in each ease, oha,.11. be approved by Owner but, regarcll.eun of ouch approval, it shall, be the rosponoibil.ity of Lite Contractor to maintain adequate insurance coverage. FaRure of the Contractor to maintain such coverago shall. not ro"Jovo him of any contractual. responcibl.l.ity or obligation. For insurance purposes, the tit1.e of Ownership of the equipment olral.l remain wUli tho Contractor ullL11 thcr ()wiirr recel.veo the equipnont at the job site. If 'tile Contractor does not furnish nuperv,luion of erecH,ion or Leating of the equipment, the Worlunon' e Compenuation, Comprehonoir o Automobile Liability arid. Comprrhensi.ve General Lfabili,t:y Insuranco upocifie(r. herein may bo omitto(l.. Contractor shal:L oubm:l.t a copy of.' the Transportation Insurance poi,[cy to the own! i0 days ov more prior to thu nchedul.0d nhippi.ng the of the cqui.pmenL. po.IJ.cy ollat.l quote Ulu insuring at,rcement and 1,01 oxo1unionn. 'I'lln Contractor 61110.1 submit it ccrW') catu for each of al,:L othor Innurarice lro:l.lcion not ler3n than 30 (1tva lmiuv to the dr.te the rnanuf.'auturor' a nul,or- vlnor or riupci,vi.ooi•n are cxpecLcd to arr':Lve at the joh u1to; Euch certff'Icate uha:l.l otate that ten (.LO) days written notice wlli. be given the Owner bcf'ore any poIley covurecl thereby is changed or canceled. GC-28.01. Workmen's Compensation and Eh Loyer'n hlab;aity Iiiourance. !Phis, :.nnurance nhul.L prr~l,c cl Cie Lun~uo r~ngeiinrii. nny rand al.l. c1.a1,mc3 Gi oiil lrt antler the 4krrkuren' n Compollrtirr.Lion Law Por 1;1te n Lut,_, 01, r,~Lat' n i.nvoi.ved in work performed under this contrast. 11; nha1,1 al.rso protect the Contractor uP,aflllft cla.hnn f'Ur injury to, dl.nearie, or death of v-)rkmen cant{aged In work under thin contract which, for any reason, may not fall within the proviniono of tho Workmen's Componsabion At--L. This poi.1cy shai.l. Include lilt "all, ritatum" eludo r aanent . 'T'ile lirrrril.ity Limit,, shall. not be less than the 1%)A; whir,; Worlullon I n CumponflatIon ^ Uatutovy 1slnp1c)yrr'a Li.abiliLy . $0.00^0 each person (1C-P8.02. Comprolicirni.ve AuLamobil-e Liability Insurance. to be oil the compreherrnJvE forol, htrat.l. rotect 1ho This insurance, p Gontr•rutor against arty CP'2361 (14NU:tI'MERT iOB) GC ^l. and ft1f elai.1115 for 1,11 co nlcmberc of the public [u[il tl~(niug~+ p~~y^Ly HC [~1i[~t;; a,,ieing from 'to pro the uffe Of aut(mlobilen fuid I,rualtrs of work 11, conrlectian wit.il Lhe p[ rf, the udder L11:11, contract, an<l stia 1. [uy(,r the operation off, the nits of th(~ trozlt of al on or .l motor vehiclrs l l [thffllexl hf(jv e highway ei fc win then they clre owl'(!(') ttotlnwneQ, or hired. Pftc I-Lab.il.t'Ly limits 8111t].1 not be 1c;nr) titan tiie folloallrff;; 130clil.y Injury - $2 j0i 000 each permill - X15002000 each accidennt Property Damage 4] e. .00,000 Cf1Cl1 accident CU-?t3.03. CunTt'ehelifaive Cr ncra7. Mabil ity Inutu•ance. on Lho compi'cheruiive fowl, oha;l lI iiroLnct Thb Goniractor~lMainst11anyoarldi~r~] Ic~, nlfl.imn aria,lsg from iu,jut i.cn to mrulbct fs 01' tho pub.7 of Other!, 1u or dfarnagc i o ropez Ly at'1.ning out of any act or acts of onli.nniotl of.' Lhe Contrto pr, pin a11,en11F1, 01n,ploy000 or nubcontractora, in connection with the operation or pcrformanco of.' work under thitt contract, 11t addition this ilujuranco liol. Lcy 0111111 opecifical-y innure tho cc ntractual. Jfabil.itylofbtilety 001AraCtor annttined ullcier the foregoing, paragraph "befenoe of uuii;n." Tile property clfunago Liability coverage under thin policy riha.u. contain no car.l.union volative to b.lttutittg, ox,xloni.ott, collapse of buildings, or damage to underground propcrrtl . The l.iabil.ity 1AInita cshal.l. not; be Leif, Llulil the folloW11,18: 79odfly Injury :j;250,000 each le 1 rson "j joo, 000 Pauli accident Property Dtuafr,e 15 I'>00,000 each ctericlent - *500,000 (Iggrugatc IR' P6.011, !ft muporLn L f ou hl~,uaftn[ r, . 1'llifl lllsuraucc 010a1.1 be of the All 1 11,1,11" i yt1(~nnd talc] L prcrL[ r L 'fi} i5 (1~in Lracl;or Rill the Ouncr from al.l inf urabl e t 1 ohn of physl [ al. loa;1 oa' clarnage La the equipment during Lhe tfnne the equip- MrnL in 111 tran,its to the, Job niic atld WIL11 tho Owner or hia duly authorized agent trac:JVr;,I Lho equil4nent at the job Bite. The covera,go atnouttt ehall. be rrut tulm t„fati 'Lh(l. All-J. aulOunt of t10 contract. '1'riul.w7tt.vAlOt1 [uoU ALlW,: [3InAJA (il.fjo proviac for lonaeu, if, any, to bo acl,jur'L(d with fuxl madc p':tyably to the t;onbralrtoil and the Owner all hair II L7 mitY appeare7C`29- EU11MA' Ell AND PAYMIs,MIU. Paymcniba will, lye mado. monthly in accordance wiLil the 1o.L1.o4i1i1C, fic,hcTdlt.la: 90 per cent of Lhe value of Lhe cquipnont and macer 111.].8 upon [1elAvory a'L the job Bite dUrinfr and, calandar month, providing, the nhipmcntn wc[lc ;CZif;(matbl.y c'oml).10,1• an(). 1.nLat ral. un 1,ra of r.[1111.1ment of roanonabl,y Q01111 l fAl lain 01' Inf1LP,r lal,a„ rif i.ci' official approval and accoptanc-c of the work by the Owner, the Engineer bfl I be authorized to prepare, a final f.ntimate of.' the work done under this 02f?36l. (j (qu1 ?,MN'1' 1''019) UC•'l;l contract ctnc, the value thpl,00f, i,luc11 fa.nal rr~blmu(~, wl a he mubioJ.ttf-A to the owner within ton (10) dayo aftor its prepurat;i,on har; l,rimni ituthorized as afore- ;uid; and the Ownall will., within thirty (30) days afl,c:r wdo final cstimatc is made and certified, pay -the antire swn su fo!,nG to bo (We hereunder) after doducti.116 all. amounts to be kept and retained under ,.my provisi.or, of this contract. in tite event the Owner does not give off,ici"l approval and acceptance of the wort: within 365 days after the date tho shipment of og,.tipir,cnt and materials wela complete because of any cause which is beyond tho Contractor's control., the final payment will. be made in The manner as ;stipulated above providing the equiy,mont and matoria,lti uru i.n accordance with the (i(,eCiflaations av far ar, can bo determined, GC~30, I1MUP01iM ME B010), The performance bond executed by the Contractor shall be a gr" ~ ua r e"'(a7 for the faithful performanco and completion of the work in strict aecordnnen with the terror] of tho contract, and each and every covenant;, Condition, and part thereof, according to the true intent and meaning of the contract doetunents as herein definod, (b) for the repair, or replacement where required, or the cost theroof, of ull. work porformed under ho torms of the contract, where such repair oi- re,placoment; is required because of defective workmanship or matorials or both, and for the replace... r.,ent of' defective equipnont or parts thoreof, within tho fntarantce period gmciflod heroin and (c) for the payment of u11. ,just claims, 1ho penal sum of the bond ,shall be for 100 por cent of, the contract amount, `i'ho Owner ugroeri to !nail a notice to the Contractor, cU,llin6 his attention l;; arty i'ail.ure to r.omply with the requiromonts of the Bond, not 1.emi than tilt (10) (lays bei'o)"e tiotifyi,ng ht: surecy oi' such fctil.ure, A :,ortiffed cosy of it "I'owr~r of Attorney" rihull, be sulimitkid with tho bored, 100 bond date and thrr cortifieation date on tho "Power oi' Attorney" ohnll. L,± left blank. These dntet) will be filled in by the Owner wh on the Contract A(;reoment is executed, The surety company r;hall uubroit a letter to the 01rner i,nst,rueting him to fill in these data,. 020361. !J71,1171'Ml?tP! 1'013) C[;-ltt C'ONIIUiCIi Ar}liJ.'.LILl E,r i'IITu CUNTR[1CI' AGREEMION11 znflde fold Crrlcrfil Into tilti.s lj , by ancl* br:twoen 'UIO CITY OF t)1 Nm, TJ;XA;, Pal cy icciFirst~NaI and ]iercl.nrli'ter cf1.17.ed the Owns>r, and _ _C'orporation with its principu7, of'f'ice in called he Contz'natoz, ' Party of the Second Par,l; fir7d hereinafter 411:'1'N)~;8UF;191: J_!lA't' r_d3iA8, the c>timer han taunt cl 'Lo be prepared Lrt ar.: nl,ecifieatlon e , plans and other contract clocumeuts f'or thezwozlkoasihooroin~ opeci.fied; and 4'rilLQh ~As, the said Contractor has submitted to the owner fl proposal ance with the terms of thifl Contract Agreement, and in aveozd- WN1~ 1tYA) tho owner, Ili the munner prescribed by 7,aw, llarz flr.tez'rni.ued cool doclared the aforesaid Contractor to be the ;Lowest anti best biQder for the nai.d work and tan duly alrftrded to tllo rigid Contractor a eosrtruet thcrol'or, i'or the sum or sumo named in the Contractor's hroponal, a copy thereof be:tn~, attached to and mado a part of thi.o CotttrflCt ARrooment; Not, T'lf) RI3P'ORl,, in conai,derntion of the comltenuation to bo paici to tho Cora_ trsctoz' and of -thc: muttiri.1. agroc;mentrj herein cont,aLncil, the p artlcs to I,ltrtne prenontn have agrood and hereby W,/V00) the U1rncr i'or I Lne7' anti t{ r; rrur,cas_ norri, clad 'I110 Contractor for itself', himrru.l y Or thorrumc..l.ven, or .ttf;, hi.r) or' their succ;osauz'n and fwcrlt;nra, or 1l~f3, }sin or tbcir exac;utnzyt fend 1011rLn- inLrntorn, an 1,01lown; ARTICLE' T. That the Contractor frhu.11 - - an specified alts required i,n ucQordance w} Lh I,ho provif"tonfr of, t,hca~r",,rcl:rrcot documonto, which are attached ltoroto and Inado a }earl; hcrooi'z fund sA+fdl7. oxeeitf;c; and completc W.J. work included ill and covered by the owner, r] 0fj'toi,a1asr;,'d r,f thin Contract A~reemont to the will (;ontractor. AR'TICLh 11, That the Owner aha,ll pay to the Contractor for the wurk ami ma' ialfi cmbraeed i.n thin Contract Agreement) and the c;ontrttetor bti71 accept as full compenaati,ors therefor, tlec null (fiUbject to mljurrtmonts as provid"(1 by tho contract) of (I)B114TON, TEXAS - NO, 3103) CA- I 7. 1r,r a11 vurk cover (I by and inea.uded in the eontr,'wt Ecsr~;.rdr dcclr,natcd i.r1 the Vo er;oing Arti.c1c ptry;llcnt tv Uc nir dc; in crr;3h or i tt; r:'},i f vloJ.c nt in the lfraurler provided .n the t;encra7. COlldiLionu attached hcrr,Lr,, ARTICLE ill, '.i'haL time of comp.l.otiolr ir3 of' thu cuuencr- r,t' the Contract AgreemonL, and that tile ConL.rartor uhall proceed with the upoci,ficd wovlt and ohal.l conform to the fol.lowinf uchedul.e; IN WITNL'fi5 WIN"I ,'0100 the parti.cu horoto have exacuLod this Contract; Agreement au of tho clay and your firut above wrltLen, 1.1.111i C 'r, 010 D1PN2'014~ TEXAS Party of the First fart (Owner) ny At to ti, 1418, AT, Party o3 ifr~ i~3ct;ud fart Contractor) BY 4litucus; ALLecL (OPAL) N -X N N K' N' N x .N N. N. N N. N. ~ The furetoinC Conta,act Af;roomont J. f; ir; clue form ucc(;rdir,f, t!) J.aw alyd io heraby approved, (D ATTON; 'PEXAS - No, 3103) C,A- 1'FRIPORMANGIs BONI) KNOWN ALL t41tiN NY '1'klh;t;Js pli}s;ls'N!'Il Lhal', we) the urulhr:;lt;))r ~ xf l;ere4niflscrr rnferretl ;t:; "Co:li;5uctor" , artcl ux'f,LMlzcd and ox:l.5t1ng undor the 7a1rL) 01' thu, 1Late oJ' _ rind au'1hc51'.1,40d to Lx'a11nUC't bUt3J.netSL) ,1,11 t1w "irate of TeX .n) it[; Surely, (Ire held and firro:Ly bound unto the Ofty oil b(inton) I1:,re.tul:Yi,ut' rof'orred to Li:, "+')wner)" i,n i;lte penal Bum o1' 1)u:LlL1r~ (j; 1awl'ul. money of tho IA11Lumd hLate:, of Amuric.'a) fr)r 'Lima payment of which rxtun, and truly to be made) to (11e fuf,ol,eauld Owner; we birtd ottracavon Luca our hefrL)) excc+atOrn) adur.l.nf.nLI'll LO x'u) sUCCOM Oro) aml ttL;ui f;nt)y ,JoIlAly and suvorall.y, by Lhotso p1'ersont: ; 4fi1JCMW0) ort the day of the Ubove flumtd Co),~ CracLor ollter0d~fnto a vul,ttan c;ortLraci; w:lAll t;ho afutel,uJrl O1~trlcr fox' furniuh- J.n(r mnteri.alu) uupf)J.ltsu and eciu:i.pnlent nut 1'Ltrtti.OhOd by 1;110 Owner, conntruct:Ir,r) 1,gc)J.f1) e(1)tlptrlen'L and p;l.ant) Lund th(2 pa1•fonIILn1Oo of 1), Il(lcawoiir,y J'abor) for and 1n c+•onnc:c'l;ioll wl.th the collo;ruc,Lfon t)1' uortain irrrJuuvcmielab+l d4slf;r)ai;ril, dc,fJned, and dwier.bod I'll WIC nLdA conIxaxct and 1,11cl cc)))c1lLlonn ishuroOP) and In acborduncu W.Lh the coil tri).ot draw,tngu fund cepodJ'[(110 i.ond therefor; a uopy of, the wfl,d. contrucL beinlr, attaohcd hereto u.nfl milde to p;tr6 hex'oo'f; and WJ1L1U!A(J) I U wan it corOl tit,it of' Lhc contract )r,)ard by the) O"nier teat, theu;e 1)rc~ f)er)tn bt) oXCC;tttoil by Lhe cJnulls,-:,"tor and ;;uvui;y Lufore:)Ltf)l; Nnl1 '1'fI1:1i1~FOliFJ) If.' the ,aid ("oitt;x'tu.t;uf• L;hct.l'L Ltnd w1 1.J.) 1.1I ld-1. partJutt.l.ar„) wcl:L, duly) Lind ftti L111,01y olmoi,ve, I)ci'f'orui~ and tubule by eiu;h p,uct every covenant;, cond.[W,oll, (znd purl of the., wd-d cnnLrL.u(L) and Lhr: ctntdiAlonn, npccUlcatioll)) drawLnf;r;, and othur culltra(L docu)aont;i5 thereF,o WAliched o)') by rc:'fovencu) mado !t part thereof, acr'ordJnf; to the) L1•tte InLr.1)t 11ru1 mc,t)d)inp; :In onrh cane) then t111L3 ol).LJ.I;aLJ.vn nha.1 lye nu,l.l. atul void; obhc,rwifm 1A rAa(1.1 zernai_11 l,n full force turd offect, 111M I:I)l t) IFhJt'1'IIPJJI, tl a'L l.f the) uald C;c5nt2• vAor F1hr.L3..1. FUJ.:f to pay ULI. ,just cJuai'mo and d_emmi(M by) or JII behl),11oFp Itny eh)f).l.oyc,u o1' oLh(~x' flari~olt) (jr ally 1'Lr)n) tuoutot.'Uttion) ur ttprporLtol(.)n) Por lftbc:r pt)rf'frrm+)d or rnatoriale) n'.tpp.lJon ol• c111.1plimmt furuf))hed, ttI)c(.1 or OuR)HUtiI!')7 by naicl Oont)ca,A,w or hfn) their of (lll)NUON) '11,7W31 - NO, 3:103) ISIl-1 i l,3 stihu,~lif ractur ur sirb~prtiti'actui~;t I n the pr:rfa.t'iiuxti~;~~ ut tlic ,rorlt cuntrrz~;tF,,A t3tmoubc• tlurteen riud in C1tut cvoirf; t;hc afo~t;sald 1;urcl,, (11' any and) ul tht. r~;uc~I3 c,lctLiiis or demands in any tobai ar~,unrtl ,l `•ay the full. ViA.1 5 wrt oi' ' obilljatton0 tol ethor wl th I Merest +u; prI,v, (led by~,~ ow, the '1911: UNIXI I)IMIE1i ;JUI P;TY, for v:a.lue received; heroby ol,ipu.lates and agrees that no extension of tilne, chango ins addition toy or other' modification of the terllle of the conl;rttet or work to be performed thereunder, or o1' the specit'ica- ti.ons or other contract doctanent accompanying onme, shall, in any wise uffect its obligution on this bond and said Surety door hcra,by waive notice of any ouch oxtonoion of time, change, addition or modification IT '1'1111'1'1'MUNY WIDAGI,OP', tho rutid Contractor has herounl;u set his i'[atld r.utd bhe paid 'lurcty 11tu3 c111.3sr,•d theoe presents to be execul;ed in its nturre, attd its rorpurctte octtl. to brj hereunto af'f'.ixed, by its attorney-in-fact thereunto duly mtthorir,ed oo to da) this the iiay ref 1 (n t i.ornoy-•l n-fact ) 13y 13y (11t<or~I,aiyy t,htt., bawl wJ.th At;kwiwy-In-faet'i3 authority from the iiurety Company r t tIJ'~ e~1 l'o i tIJude the date fit' Ehe brn(I, ) (I)BRVON, TLYW3 - NO, 310:3 ) 1'!3•%' OENWL MMIFICATION 1 FOR '1MN3MTf>(I1'OP1 I,INE pOf,li;1r1 GLNETRAT, These bpacil'icatienn cover the ('urnlr}ii.tit , Of f ' wood Lrarz~tm~lfinion :Lime poles for installation in a sinl~la circuit tranaminriLon :Ll.ne beard, built by the (;ity of 1)enL0n, Texas '1110 DAMP nwn price shall. include deli sexy of the polon fob railroad siding to be donignat;ed .laL•er, Denton, Texas. DI1,I,TV1MY SCI(M ULE, 11bo poles nhe.1.1 be delivered au d Lrected by 'the Engineer botwoon April. 1, 1.962 and August l., :L962. Partial nhipmonts of not l.esr, than twenty pol.oa will be roquired, QUAWill ~.'IIE8 ioinal quantities of each size pole are not available. Lnt;imated quantities are listed in the l,?ropocal, Final. quantition will. be given to the Contractor when the final shipment of poloe is released for manufacture. YRO7'WITI0N DMINU SHIPMENT, The poles shall be loaded and secured in such a roun[ d to avoid t,,rns or other damage during nhipmont. Open end gondola card may be used if dosired. Poles received, in a damaged condition shall be removed and replacerl immediately at L-he Contractor's expenne, SHIPPING NOTICES, 'Me Contractor shall, fiend two copies of a shipping notice doscri ing each alapment of matcria7, or equipment, 'f9io chipping notice nhu,ll be !nailed on a ncliodule so that the notion will arrive approximately three days ahead of the ontimat,d arraval Mine of the shipment, ,1hipping notices shall be identified with the ()Wner's name, spocification number rind name of 1,tom o1' equipment or material. Thn aduronseofi for the shipping notice will bs (1ete7rfnod later, (DENTON) TEME1 - NO, 3103 ) (TRANSMISSION LIM, Porxs - I;-1loA ) C1.- 1. l)IsIV'1'OIV, 'a'P)XAS JPItiC1I'Ic;A7.'l:ONS AND CONTRAr1'P Iu c;l)J41;I4'I' l 11'013 TRANSMISI! aON I,IN11i F'ifl,Iplli JJVEC:IIOICATJON NO, 3103 - P;-1r0A PROJECT 31.03 ADDENDUM NO, 1 Fob. 19) 1.962 To All llidclorn l'o-ch bideter nhall note tlsose revisions Lo Ll}o contvaot documrn and fno or_ In thcor, nt air-vlai.onn In hin prolmut T)uch bloooil k~hnll bind a Trip, ed aclanowlndUcd aalpY of thin cntarc addondiun in Lho front of the npccfficmtionu nubmi.ttocl with 1):!.N proposal. 'flair; addendum conntsLO ol` two pagos, 1. PaBc ll5- I,. 1)e1.0to the paragraph uriclol' "PhAj4IN0" and nubntitute tho fg11oV71 r~q I 111,0J.0 framing for al. J. poles shall, cotiui, 1, of n 1.5 do roo one way roof') ono 1111.6 inch hold) anal one b-5/11 inch pole 1, in whose lunaLlon will be provided labor. In addition) all polou 60 "Cat find lodger shall have clews 13/t6 inch holes, P. Paf;e DS-3, Delon the socond pariigraph on than, pago bc(jJnninq "TGlobratloll of this prerlervativo 01111:1 bo" 1,01.10W.1.1111, paragraphs: , and sulOLitut;~ the "PonotraLion oC this prceucrvutlvc In Fir pol.cn shall b4,, to n mfiiimum de141 of' J/11 Inch, If' ponc'LmUml 11) 1cuu than 3/)I 1noh) 100 per cent of Llre sapwood must bo troaLedl if' 1x"l,ctrrd,irrl iu 1.0sn than 1-5/8 Jnchcri) 85 per cow, of thoe sapwood, !Hunt bo (arcated. "fenetratIon of this protiorvatiVe In piney poloc shall be tO a minimum dc)pth of 3 :Inches, If penotrati.on Iu Lours I,11an 3 i.nchcp7 90 per most of the sapwood must; be tp.outed, DJsNTON) '.I'GXAJi - 140. 3103 ) TRANStiI-MSTON LINT, 1'O1,L'8 - N-bOA) ADDYNDUM 140. 1. 1 N. y. N. N N N N N. N N .N ACKNOWLEDGMENT Tire undorui;;ned bicldcrj• Hereby cO,,Llfien thu,t I,IIC rrvisiornn net foztli in thin acidendum Have been 1.11oorporaWet in h!u bid and (ire a hart of the contract docennentp. (;~U I Z-cf Date D1,14TONr TTTI} AS - 140, 31,03 ) `1'llAN51MISSION LINF PolileIJ - E-WA) ADDI,NbUM No, I ) r DN'TA1LEsI, tiPLC1I':LCA'1'lc)N,l FOR ' 'I'IiAN`.JhIIS::JI'ON 1.1NJ; POi.la; GI~INNHAL. The vo:I.L4mint, puraLrrapha duneribo the pol ofr whic:J, ar'e to be !'s.ir- 7111-51od undor thone spucificatInna. i,DDN'i'1I" i'Cin'LTON. A:J poles (shall, bo branded on the fw;c. and butt. 'i'I1o maxkingu on I;Ilo Erica rTri:i . be uix (6) root above ground line) wmWing utandurd net Ling dopthn. The markingm cshall bo thoso deni.gna od in AE;A EJpeolficationu 05.1-1948 titled "A,norican Standard SpocificaUww and Dimenssf.or.e for ldood Poles" under Paragraph is.> Marking". In addition, Lho lnitlals J1N'.I and tho grade "B" atlall be atcunped on both tho face and the butt;. DRAMING. Polo framing 31ml.l consIcsL of a flf'tcon (1.5) dograe one way roof' and u:Luven J.3/16 Inch holon, one 3.1/.1.6 irnch ho.lo and one 4-5/0 Inch polo fain whose .10cutlors w1;11 be provided Later. EV1'ANGARDS. '.Fho pol.en uhal.l bo upecified grado "Ti" and uhall be in accozvianco w lr appli.cab.l.o paragraphs of ASA Spocifi,cationu 05 .1-1 110 and with the kiorican wood Pre norvera Arsoci.ation ;;peci.fi.cationo C11-60 with the exceptionu and limi.tationo as tabulated below. A0A Grade "B" T?aza ra sh No, and/or SubJcc,l; tandardo Ei~oci.f i.catfon Res uirementn t'. 1. Spoolou Eioc MM J1pcc. Pacific coaut Douglass Fir or Efauthorn Pine 2,a.3 Spiral grain 1, turns fu 20 f't 1. turn in i10 ft f'.. if .2 Ffhaltoe 111 Polo Lop Sea MM Spec . Nona per7ni,Ltod 2.11 .li- EJum of diameter of 10 inch 0 inch all. ImuLn In 1 V. ficoti.oss - maximum it . 5 Da,1411 of tri.nmo(I 2 inch 1. inch ncara when permiLted 10 inch polo diameter over 10 1.11ch polo 1/5 of diameter 1/10 of diarnotur diameter - maximum i' JJ 9 Maximum uvoop in 1. -nick in 6 fl, J~2 inch in 6 ft; one Plano Maximurn ewoop in Lino much fall. 1/is diometor of' pole at two directf.ons -,in lnaido polo point of grravoat dovla- ono plane mcauurod Lion by line botwoon mid- point of ground .Lino and pole top ( DENTON, TEXAS - NO . 3103 ) IRAN.914 C5E3ION I,7.Nf POT.1aFi - f,140A) 1J5-1 MA Uradu 13" Paragrta,7lc~No, Eu1~l~ui;ktb~er.t jtaccdarda I nc ii'ic,ati.on Jiequireniencra 3 C.i vc;urni'clrenc:c 6 8ue AfiA Spec„ Por A,'-!A from btrCt-mi.n.i.mum I!t hats 6 ft Pram butt- (.inchcu largan, 11or ASA maxi.mm than mininnun 'l'op, minl.nnun fur.' X17 i.nchas Por ASA Clana :1: 1'up, maximum i'or None None Claim I ~i•3 '11411nning overgrown 'IR,iww1.ng not Trim comploWly IMOtB lean than I. roclulred inch high 11, j Marki.n~-R rlul.rcd or. Claud and lcciglil; ;ice paragraph "T.DEN11FICA.- bubb '1'10N" above SUe brand locuLlon Not apocii'ied 6" above ground oi.do brand data; Uupphorn' co<IC Optional fiequirad Plant; location Opti onal Optional, ljuto of trcia(mont Opt;iona:L Paquirod 4111j[!c101) P4 prarlorva- ti.ve Reclul red Roquirod Clams & hoi.gltL iic(iui.red Racluired fly ecii'icaLi.oct grade Plot r(:qui,rud Itequi.red PKIIJBI'I'LI) lltt'B'13C'JY'' Jai adcliLiort to pa'oh.lbl.l,td dc•1c,,s,,; ,Bated in Lhe AflA fipoel- Ncat,l.) -57-1- -)ITH tla;lma "Americ.atr fiwildar(I fJpcr,ii`i~atl.rrn[a and 1)imonnionn i'or Flood Po;lon" under Paralvaph V.2 1'rohibIJud 1)ofcc.ts", any cvidonec of docay uuoh ar., aofLnoun o1' the wood flberu, upongi nenn c,r browniah diocso.l.oral;lwl, evon Lhogi)) thove are no dufl.nlbe arnau of breakdown in the wood 1"fiber, ohn.1.1 be c:aurse 1'01, ro,9oetlon, f111Jt}SONINO 4fhero poleb are all, noauonod holes uhalJ. ba mujoncd In aveordance wl.i.h 1'c'%tfrt'z hr; 1 i.o 1,316 of A4W11A BRandard Ml, laLec;t r~vlufon therour, tlitore condiLioning cu perf'or'med In thc Lrcatl.ng (,y).inclcr thin nhal,l be aceom- p:llahed In aceordanuo with Parafrrnith 1..33 ui' AWPA atandard Cls 7.ctcnt reviuion l,hereof', lounoning nhal.l he continued uni;i.1 clnoul#, rmoiiat;ure itr removed to per- mit Lhe npocl,riecl depth o1' ponetrablon of i;he preservative, T1*A' T14ZI4T. All polen nhall be [liven a Pull length hratmuru, treatnant oJ' five •'i her cent nolutton of pontaclc.l.orophenol, DW.11014; `1 MAO - NO. 3:1.03 ) TRANElMTSIGIOD1 LLNL P0LEB - E-110A) 1)9-p R ei;enti.on of' this precervativc sha:l..l bp ton (lo) pounrlrs },cr cubic foot of, five (5) 'All mcrcuredrb,y{'tlor`if.meth(,niti(olr,ec311uyr1motl,oclsour.].fnc:d11.nf/t41pAIal:utlr arcthAnol pen !h Penetral;ion oi' this, lmeservrltive nhual. bo t.; a 1111111,111Q111 ,lopt,h of errs: inch. penntlatf.cln i.rl lcrr, !,;;ern ono inch, :L00 per cent o1.' the nupwood nnuri: be treated; ai' pen0l,ralcon is Lec:a than irlchoa, fi> per cent: 01' the sapwood mtuai; be trcrri;ed , INSUPED WAIMARN. All poicti furnished sha:il, in addition to the otandard one- year warrunty, be warranted against rot, decay, or ir,rreet damage occurrl.rrf,, in any degree Within cloven yearn from the data of treatment. 111he race brand on these pol.en rlllall. carry the maricing "ll1" dosignat'ng the pole, au an "I:ncul'od Warruntod" pole. The warranty furni8had by 1.110 uupp-her rcha.li, contain all u minimum the following provirri.otla: "J:f wi.thi.n cloven yoaro cci'tor treatment, any warranted polo Filial, E1unt;aill '100cty, rot, or inaroot dcunago, the supplier shall reimburse the purchanorj within th:l.rty days after determination of loss as covered herein, the cost of replacement, of such pole subject, to the following limi.ta: $200 for each warrrcnl,cd pole, ltj feet; and under 1'350 for each warrantod pol.u, 50 feet to 70 fort $500 for each warraAtlted polo, '(5 foot and over 111'1410 coat 01' ropl.aceluerrt ehull. Include but not be limited to ma-• aerial and imAull.ation coot of a new pole, the cost of removal of the Warratlted pole, the cop .L of transfer of equipment from the warranted pole, to the now pole, and ot:rloci.atod tranaportaiaon cost and overhead in aoeordanc:o with normal. uccourMng procoduro. "Thin warranty nhall ruil i,n 1.'uvor of Ott original. purchaser o.(' the warrantod poled or' 1W armi(7,11eef1. "Thi.1) warranty rlhall riot apply to decay, rot or innerA c4unagr, cauned by or rorlul_ti.ng from any of tho following cac.rlos br;yotld the control of the supplier occurring after deli vivy of the warranted poles to the purchucor for instal..l.atton or ressignee of t;flo purchacor: Woodpecker damage Improper atorago 10:1 re 't'ampering Altorv,ti,ou other than requirod by normal. practice A11 aceidcnt cawied in transi.-t or renultitig from sudden oc(-~urvencos of natural forc.c;a, including but nou l.iml.ted to .flood, TJ (htnJ n({, w.lndr,torm er al(10ti. {DEN'TON) TEXAS - No. 3103 ) {'MNSMIUSI:0N LINK 110T.01i - i;-110A) v8~3 This warranty noL apl,ly Lc) atiy war~°u,n1,~:~~ ~ole of which Lhc ldcrnLil'irattion has been rt7.Lered, effa(:u,l I'vinoved. ISiih1ero a;lual.l.:Inaludr~ E~ mimpl.e r:npy of the in oral 'olswran'y Lhey propose Lo f"u,nlLh w:Lih their b[ds. 1 i (IiZ;tdJ'ON, 'rj1; f1„ 140. 1U3 ('1'IUIN,9hiT81510N LINE POLKS' - I,,-IIOA) 1)~l-1i -7777-1 } 5 ♦ _ ! KY ~ CAA\11Vf41i Vopy r DW "ON, TEMS gPWMCATI(MS AND COMM DOC1AMi'I"d p~ '109 LXIM PULED MUM,' iim t e 9IACK & VEAWR Conpultin& Engi.neere \ 1962 IF ii tl r 1 rli' 1. ,r.: r } r C' i - * S .!fie rt; r' 7 v" i s Al 4 'fit 't +'~a a tji 'a 1 h l rR4 ~d~Y 'a e a.7t 'd. id+T.~.9~{ .';.~fi#'.3 ~1^`/~%• ,Ee r, inv.. , i 3U r 1" J I t 1 B L A C K & V E A T C H CONSULTING ENGINECNS I I I rPA CNIf otd 3 14 rr ALL Mrr fl, 150ry IMPAII I.AKI PAltf•WAY P.o nnK '1410; ';t'Ir,i U71) silty itfl KANSAI', CITY lA. PA198l7U fll `I'7~n.xrri~r;ltt~lli 1,a1ir' 111a,t.., "tts`Ch .L}!, L'lt„~ Project Kc~,a,r_>. it , :<al~r.uly, :Criu. Q ,}c)rri t5~ try+`V Jq! l~~1r1.1.~r)11 'I "Yll !'j:f aJl26~ ~I'l)?t11!1 ;4 i; t,l!il .7.cN:; •f]'. ;1, i~iit•!'; ~,t`•'~ !<rt1C Lei,;rllt; i_ i...,~• IF 11 n'I. itt`I t, I,I ltt; f '1111, 1.1u •11 , i. It. 1ili• { 1 i 111' h All ,f ! t li i I l ri.}1.I'Ir fl7,li i ll 1, I,iv <~tk I f,i;y C 11 11 olJ 1 ,r .r r 11.. NW! J I ;(3 tl.'I :tt aIt ..r vi, • t lil 1 t.t,. Lk 1 is ,t "LI ~L ~ (.131 + I' :L`tl 'I1 ` i, 1 n' , I1 .,r 1• 1, : " J ~ }lt a l,u i~I,h f :11x1 I,7 ttl,~ nltb- ,!toll la I iy~ rtl 1. fltrlt~a l;i1,1,1'1 .111 bh,i.l, 1.a;4,i,r=~~ l,lntld ~irr ;}1l.r, ':rl list l.tll;ci° l-htitl r Ir'. 17.` t)t !t. I 4), i~fl .li tl Ir ~ :;at I}lt! f71'I Ir UI ~j: ,i1 Y7~li 'Ft 1 `1. .i.C .t t ltt l;l~ClF Ir11J- ) IY Iriilltil 7 ali' IrTI" iICI'IA p11i1.`1 1 r .'I rr; is?Ubf. iall; p;r nl.!re+ 17c rl.l ,lf lrn tic l.aV I'r'(i. U L A C K & V E A T C H i'. T. it;,wklns ' tz' ~ii ~f ~i 3 1 ~L'c ilx ,tld Ilgl i.hem: C;1i16 flk"is 1'rd ilk ;;~~Ifay~ })~y LI Z'~ f try rrkr.~:.. E,}1t1 i. ~"vit x;(17} lttlv(- Uwm in Ole ";.tt;' 113 hind'; by nrr ~r M')tli;Et. ~ °t? id 1' J jtt k11 Ur~~II,~,rl :»f i-l llo, 'Jah. find wl~ 1A (Yl+f l; -LO Gee t:i]!`1iC conf{n LF; 0-11 ifll" w1,Gn i'llif1 utll',~ v1,'Ll l,y 'tl tl'r;~ ~I~:":utr C.L T✓4M i. ~✓h~Kw wcl h~ciLlujtJJ,c:d(,tJd I;lut ih-La t;4ltl~~ia+ _ d~';i.[YU)'y C9TAOLI13HED 1002 1401,11, ~Iff i If'1I . c' Sam Shuman yet PP L U Iteelh ]r MTl<i~ V~Q y IN9URANOC 110betl hlox..l 44-.. LIONO6 Ron j mil, • • ff) Tefl R~/ arkan a .y u A, E. Tubb L.w ' f J • ll H A,nnld.]r, L'. 1, ll.. ~'IIDNJ' 1-51~ i 1 Rrk ~~►s JacM Hroncr March 19, 1.962, To W101-1 IT MAY WNGPIM: An Attorney-iii-fact A)V the Federal Inouranoo Company, I h1tvo executed Performance bond in the amrntnt of UeIY471.08 in ravor of the City of Benton, Texrts, covering contract for Transmisnion Lino Poles, Spocifica-. tion No. 3103 - F,40A, Pro,joct No. 3103p for Kpppers Company, Ino., said hmd btainf; undated. This is your author:lty to date the bondthe date you affix final signatures. llWDRAT, " )RANCE, COMPANY ,p~y I3o thn _in~fac , DE111TON, 'TEXAS Y BPEs'CIT"IMTION,S AND CONTRACT DoCUMI,;NT s 11'012 THANSM1,03S1ON LINE POLES SPECIh'ICA'.[':ION IVO. 3103 - i-r-);OA 1IIIOJI-,'(,T 3103 ADDENDUM No, 1 Feb. 19, 1962 To All Bidders: Each bidder shall note these revisions tc the contract documents and incor- Porate these revisions in his Proposal. Each bidder shall bind a signed acknowledged copy of, this entire addendum in the front of the specifications submitted with his proposal. This addendum consisLn of two pages. 1. j!2 6c k3-j. Delete the Paragraph under "PPAMINC" and substitute Lhe following. "Pole frilming for all poles shall consist; of n ly degree one way roof, one 1linch hole, and one 4-5/8 inch pole gain whose location will be Provided later, Tn addition, all poles 60 1'cot and longer shall have eleven 1111.6 inch holes.11 2' Page l)sy3. Deletc> the second paragraph on this gaffe beginning }`Penetration of this preservative a;hall. be", and substitute tho fol.lowinn, p;a agrapho t "Penetration of thin preservative in fir polen shall. be to a lidnimum dePtheoil 3~o ;oinuh. t Penetration is les[; than 3/h inch, 1CO per cent inches a treated, it' Penetration is less than 1-5/3 5 Pex' cent of the -'apwood must be treated, "Penetration of' this pre; oz•vnt;ive in pine pol.eu s4iall be to it mini;r,u;n c101AI1 of 'i i.1,10,11081. 1f Pen e Ili I011', thntl 3 inches, 90 poll cent; of tl;e oupwood ;aunt bet troal;ed," DENTON) 'TWAS - NO, 310,{ TRANSM1851011 LINE t'OLE - E40A} ADDI!NDUM NO, :I } 7 , A ~ iY, Pi 04lLL'J)G tdF:i I'I' [hr• ul;drE~ rc~l h,i;ldvi, hara;', " (eE, CFlut the Irw F.It i Fl~f7 ItI/1 UIi~~1Rfi have r,t•(•I, UId ItLll 7 .I •,f (DEUT014, TEXAS 110, 3103 l~I~nrFr;ral;~rr,Tarr r,rrr3; r•cx~~;;r - ~~;.,~c,r,} (nnnrrntmr ti(), 1, j TABLE OF CONTLUPS PAGE THRU PAGN ADV21VII1,I)M E, N`1' A-1 A-2 INSTRUCTIONS TO BIDDEMS IB-1 II3-li PROPOSAL I'I-1 PIS'-2 GENMAI, CONDITIONS GC-I. ("C-11E CONTRACT AGREEMENT (,A-I. CA-2 P1f IFORIANC1 IIOm) Pia-I P13-2 G) NLRAI, SPECIFICATIONS G-1. Genera:. G-1 Delivery Schedule G-1 Quantities G-1 Protection During Shi,pmenL• G-1 Shipping Notices G-1. DETAILED UPI)CITICA"'IONS DEi-1 DS-)l Gunci'ai DS-1 ic'leirt ii' 1. r, uti on D5- I. Framing D.1; - I Standard,. DS-1 1)S-'d Prohibited Defects DS-2 easoninf; DS -2 'T'reatment DS-2 DIS-3 Inaired Warranty DS-3 DS-4 i I (DENTON, TEXA G - NO. 37.03 ) (TAMISMIOSION LUC POr~I.t3 - E-110A) n I)V L~l'I'1 S i~;1.11s N'I` `IRANSMI6SIon I'm, POLIa.i FOR DENTON, 'IT,`XA Scaled bids will be received by the r!.ity of llenton, Toxas, at the office of the City Secretary, pri.or to 1.0:00 e,.m. Ccntra.l l3tan(DArd Time, Fuhniary 26, 196,, then publicly opened for furnishing, f'ob Denton, 'T'exas, of po.le:3, with tnsurod warranty, to be used in the construction W' now G) kv transmission lines and aasocinLed distribution r:i.rcul.ts. Specifications will be issued to only prospective biddorr, who have been qualified by the Engineers. The Engineer's qualifi.ci,L.Lon of prospective bidders will be based on written evidence which each prospective bidder must submit in duplicate to thy, Engineers and which contains the fo1l.ovlnl information: 1. Submit evidence that ho: a. Has an adequate financial, status to meet 'the financial obligations incident to this work. b. alas no just or proper (:laims pending against; him on other similar work. P. f,ubmi.t evidence that he has manufactured succesef111-1y pole.; of r simi..l.ar size, spcci.e:, and treatment, which have been in Iucce;;!;ful, use for five or more years within the United States. 'I'hc eviriunr:c shah. consist of a so.Iuctod lifting of the units indicating t ir, owner's name, location, dato of installation, size, spocins, and treatment. 'Phe, listing shal.l be special.l.y prepared for this particular bidding and shall.IDA only those units meeting tlje above requirements. Prospective bidders may examine r:op'l.ei3 of t1)e speCi:C:1.Catjoj)ri a+, 't}je uff'i. r; of I31ack % Veatch, Consul Wlff, l ngincers, :1500 WfAow Take Parkway, P. 0. IJox M05, Kansas City Oi, M.t.s;,ouri.. F;110.1-ified proslicctive, biddc)rs may obtain coplcr~; or the "+pecaficati.ons from the Cunsulti.n( Ellgincov, sub,jc(.i, to the 1,03.oving eharl;c:s for es.ch copy. Five copier; or 1013:. No (Aloxgr Ea(!j tidditiona.l. copy $5.oo A H aids muc,t bo made on printed onntract doctunent Porm,v included in the ,ec_i t'3.q-1t1.on13, (l)1; rml, TIM") - NO. 3103 ('I'ftAN5Pd.fSal:ON tllils POLES - 1 -IIOA) A- 1, Wlien filed with the city Sec':c;tarY, each bid Shall be accoinpunic eitk,er by mi <iccepLable bidder' bond, a cer•Lified check, or a ctishl r'~ check on ~'.1ty solvent ba.,k, the vinount of v,,Ucih shall be not 1.esr; Lhan 5 per cent of. W10- runottnt oi' t'.ie bats. The bid security shall be ❑w]u puytib7-o to thy.. City 'i'r(!V ,urci` of the City of DcnLori, Texas, Bid security of the nucconsful biddcrs will. be c :!turned when Lheir contracto have been FA.tMed) filed wit'i, mid approve(( by thc, City. Aid. 1ecurity of unsuccuon0l. bidders will. be rrt?u'ned on ward of contnwt. No bid iclay be a,lte )d., w.~ Lhdravm ov resubmitted within thi.r-Ly (30) dayr, frow and aftra, tho date set 'or 1,1w openings of bids. The Uity of Dcn'Lon, Texas, reserve,; the right to re,}oct uny unit all bids, tvr;l to waive: dcfcctk, in bids. CITY O DENTON) 'PNXAS 1H1'NTONV TEXAS' - 110. 310,; / ZNSif;UCTIONS TO BIDDERS PROPOSALS. n-OPOsals shall be submitted in duplicate, (IrAch copy containing a EFt d copy of these contract documents with the Proposal Mid requested data forfms properly filled in, Proposals submitted without a bound copy of thobv aoni'i'act documents or without; all requested data and information will imply that the bidder does not intend to comply with all of the contract conditions and such proposals will be considered irregular. The bound copy of these contract documents submitted with the Proposal shall include all contract documents contained therein when roreived by the bidder. Entries made by the bidder oil the contract document forms shall be typed or legibly written in ink with all prices stated in words and figures. hquipment data forms or other data forms to be filled in by the bidder shall be boldly written with black ink or shall be carbon back or ozalid ribbon typed so that suiteble reproduction of the forms may be made by direct ozalid printing. Blue ink or ball point pens shall not be used for filling in forma, Conflicts between these contract documents and the bidder's proposal includirig contract terms, scope of the work, details of design, materials, performance Guarantees, tests, conditions of service and methods of work shall be marked in ink and signed or initialed by the bidder on the bound copy of these specifica- t;ona submitted with the proposal, Conflicts shall be marked directly on the pages where they occur by making reference to a particular page or paragraph number in the bidder's descriptive information, or by inserting notations de- scribing the conflict. Conflict notations which irltke reference to the bidder's descriptive information fts a whole will not be acceptable. In case of conflicts: between these specifications and those of the bidder not marked as directed, the Engineers' specifications shall r;overn, If the bidder alters any part of these specifications and contract docu- menu by erasures, deletions, interpolations, or by any other way each such al.tc:ration shall be signed or initialed by the bidder. Proposals shall be submitted in a scaled envelope addressed to the CITY 0P DCNT014o TPAAS and to the attention of the Mrcctor of llbi..ltti.er, The env!l:;i~c ;shall be endorsed on the outside with the bidder's name and the name of the work bid upon, A single proprietary intercrsL shall. not ,"ubnmit tnultipl(' j&(Jj)0ral.w fog" the ',fUL<, work even though the individual proposals may be s3ubmittel under (li.ffcrent 1-1111t,0 1;1 11,410 gamer reserves the right to reject a.i.l proposals so submi.ttod, Proponala may be withdrawn, uItcrod, and resubmitted at any time before the time set for openinL the bids, Proposals may not be withdrawn, altered or resubmitted within 30 days thereaftor. (DENTON) 'i!UM) . 140, 3103) IB-l 1 11B01301 AT, GUARANTEE,. E'aeh proposal shall, an a guarantee, of' good faith on the part, of the bidder, bo accompanied by either a certified e:u,ck or caWd er's check drawn on any solvent bank, or tin acceptable bidder's bond executed by the bidder and a surety company authorized to do bus'inesti in the State of Texan; In an amount of not leols than five per cent (5,) of the total bi.d. The proposal guarantee shall be made payable without condition to the "City Treasurer of.' the City of Denton, Texas" and the amount of the check or bond may be retained by and forfeited to the said City of Denton, Texas as U qui- dated damages if such proposal i.s accepted and the contract in awarded and the bidder fails to enter into a contract in the form prescribed, with :legally responsible curcties, within ten (10) days after such award is made. Proponal guarantee checks or bonds will be returned to all unsuccessful. bidders after award of contract, and to the successful bidder or bidders after they execute the Contract Agreement and file the bonds required by the contract. SIGNATURES OF BIDDERS. Each bidder shall sign the proposal, using his usual signature, and giving his full business address. Bids by partnerships shall be signed with the partnership name by one of the members of tt.u partnership or by an authorized representative, followed by the designation of the person signing. Bids by a corporation shall be signed with the name of the corporation, followed i by the signature and designation of the president, secretary, or other person authorized to execute such documents. The names of all. persons signing should also be tyl:^d or printed below the signature. A bid by a person who affixes to his signature the word "Presi.dent-", "secretary", "agent", or other designation, without disclosing his prircipal; will. be rejected. When requested by the Owner, satisfactory evidence of .lie authority of the officer signing in behalf of the corporation shall be furnislied. TAXEII, ASISES142UPS AM) LICENSE IPEESI. The bid price stated in the Yroposal shaLl include ~all"taxes, license fees and assessments which might be ).awfully asses+,<I against the owner or Contractor on the date of the Proposal for this work. This shall include applicable Federal, Stale and local taxes, license fees, sales taxes, use taxes, occupational assessments and other similar taxes, license fees and assessments. It shall be the bi.dder's responr;i.billty to dobermi nu 'Ule, applicable taxes, 11cense fees and assessments. Tf the bidclor in hi doubt as 'to whether or not a 'tax or as ess;uetrt t.s app:licablo, lie rihtcll hi },is proposal whether or not thin itom has been included in 111.r; No prl.cc and 1,11,+ alm,unt of the applluublc tax, :lAcenne t'cc or assesnmont in q.lUHtiCrn. J'KPJ,,MJ?Dh`TATJ'0N OF S1?ECTU]'CA'i'I,OPIS. 1a' any perco,n wh,.) contemplates c;ubmittinf, a bid i'er the proposed contract is in doubt an to thu true meaning of any iavL of the plans, specifications, or other proposed contrar,l:.~ocuments, he may su')mit to the Lnfii,neer a written request for an ini-rr t'iereoi'. The person submitting the request will be responnibt, tL'Ilvery. Any inter- pretation of the proposed documents 1.1.:11. I %cldendum duly issued and'n ropy of such addendum will. 1',c mo,i:l.c,4i (n (i ",..i i., each person receiving a net of such documents. The Own, r will 11',b I,c, 11)1(, for any other (DEN`i'ON, TE"IAS - N0. 3103) J 13-~? explanaLions or interprotationB of the proposed document n' It shall be the responaibility of the bidder La advtaQ i,hn P;, ncer of confli.et- ing requirements or omissions of information which Oro n roBsory to a clear understanding of the work before the date set for openi nt{ wN, Thw5e questions not resolved by addenda shall be listed in the Proposal., LogoLher with state- menu of the basis upon which the proposal in made as affoctod by each que5bi,on, TIME Ols' COMI'LliTION, The time of completion of the work is a basic nonsidera- toi.on of the contract,, and the construction period named In the Proposal will be taken into consideration in making the award of contract, The bidder, however, in cautioned against promising an early completion date only for the purpos;c of eeurtng favorable conoideration of his bid. It will be necessary that the bidder vati&y the Owner of his ability to complete the work within the Wpo- l.ated time. In thin connection, attention is called to the provisions of the attached General Conditions relative to delays and extensions of time, ACCEPTANCE AND 112JECTION OF BIDS, The Owner reserves the right to accept the bid which, in its ,susSp~iierrY, to the lowest and best bid; to award the contract by sections;; to reject any and all bids; and to waive irregularities and infor- malities in any bid that is submitted. Bids received after specified time of closing will be returned unopened. INFOIWATI,ON TO 13f; zIUI3MI'i"i'BI1 WITH PBOPO.13AL. Each btddpo shall submit with his propoazl the name of man!ri'~rcturer an' d die typo or model of each principal item of equipment; or material he proposes to furnish. He shall also submit there- with drawings and descriptive matter which will show geno al dimensions, principle of operation and the materials from which the parts arc: made. Any bid not having suffirfunt descriptive matter to do scribe accurately the equip- ment or materiuJo bid upon, will be rejected as irregular, The above drawings oubmi.ited by the s+.ccessful bidden will b retained by the Owner. Any material da arture from these drawings an MULLS will not be permitted witi,out wvitten permi.Won from the Osnrr. Verbal statemerto made by the bidder a t any time regarding quality, quantity or arrangament of equipment will not be considered, If alternate equipment or materials are indicated in the Proposal, it shall be understood that the Owner wi.l.l have the option of selecting any one of the alternates so Indicat& and such selection shall not be a cause for extra com- pensation err Wynsi.on of time. y {BI-XION) 'CLMI) NO, "0-03) 1B_3 LOCAL COIiDITIONS, l.f the work includes field construction, furnishing field or furnishing of field supervision, each bidder shall visit the site of the work and thoroughly inform himself relative to construction hazards and procedure, labor, and all ether conditions and facstors, local and otherwise, which would affect the prosecution and completion of the work and the cost; necessary for maintenance of uninterrupted operation, the availability and cost of labor, and facilities for transportation, handling and storage of materials and equipment, It must be understood and agreed that all ,such factors have been properly investigated and considered in the preparation of every proposal submitted as there wi.l.l be no subsequent financial adjustment, to any contract awarded thcrcunder, which is based on the lack aV such prior information or its effoct on the cost of the work. BOND. The Contractor to whom the work is awarded shall, furnish a performance bond to the City of Denton, Texas in an amount equal to 100 per cent of the contract amount. The cost of the bond shall be included in the lump sum bid price. The bond shall be executed on the forms provided, copies of which are attached hereto, and signed by a surety company authorized to do business in the State of Texas and acceptable as surety to the Owner, With the bond shall be riled copies of a "Power of Attorney", certified to Include the elate of the bond. DENTON) TEXAS - N0, 3103) MUIPMLNT ) mull 02!162 i RO)"J"IM, 'I'() UIF. HONORABLE 1-MO1t AM) i; l'I^f 'CIU~'CL1, 1*IN'1'< Ply '1'1f7SA Cl]N'1'LJNNN; (TI~S~A The under i tned 1)rr)1.a1c13 Lo l:;f e3 :%1'k l f i frd C l Q her.cin ftar the J'fijjowinu, furl The t..,l :,:]aria; dell very of Lhc l r,l t is far • tr;% r; n:, 'r' xur; , 37ji 471 *00 !'rice: r1i 'd ,r 1;. l QUAff IT11-1,5. It, to under3to, d wui ur;rued t,haa.t I'I'v flln,vc Imp r;wn prif:lr, is `rased un 6hc <t,rarititie;; pjyi,l, irl tir, followl, llK Lahl1lCtrand ttit,t f'il,;At1. quantitir?r; wl.11 bu buaerl oil ft;rtual 'requirumviRs df•LO'r:llined by the 1*1na-1 (1w;i inn of l.he .:ine,; pri r;r to '.ha l'in't] f;l, i l ment ,f poi-r. Thcum- quantl icier, are ljrvilrl :,rr the requirements, i'it I_t„a two i-r'msmJrl;%ic:r, lines and tinSmIJrnted dintt'itnlU,, n circus-ts, I L +:vIe 1 '.~.,f;d i!Iltt 1'irlrai 11ulmi.itlr:c way he buried ors ow. f;risnr;eliiisLun line -tn(l i;,ted n'.si r0riti )if irr~uttt;. lfilt prices are Nlvf'n I, ccrtail7 5i '1,.~+1ph J:Acxl,t;I.ir7:; Fov that axe f;iVr:ri (Lt; 7,UrUa l.1riC(~ 11LIAI r L:~efll,3 play ruf.juiIli, U`j*❑ ol• poIn11 1, t1 thct e sizes. Thu ull,it price!, tr,tYn1, nn fr~.Llcmin6 xaxbu -intiml =;ha l be lined 111 ad ,ju;it,11)N the c t11,var t. 1 Ili f'! ^f,wll fl f1Cr~ryr'dfaryi`t! l 1J, t.I1V a~kfif'L iP ':1bgr DI 17V 1. ~i (a! i ~'C.'re!i i P~,]~ t,r a t l rend r Lrc;; 3 ]I j„_ l i 5 - o fy/ 1 __1WA7. 7 5 42 tl.c~.1 li yc~-• .1 n 1'a.les w1I be de.l.ivereri ~'almldar days after written n.•tJr:c 1.; }ci.'~n by the 1 rlgl nrr.rr3 relcuoJ.nfS fTwir manul'rtcturr. PAo" bwd on fxrnl,dd" MW or whim p"Ut po1Kp ow slim. (DEN'1'gNa TEXAB - NO, 3103 ) ('in -IN.,141"JO1r1N L1%nl 1'011,lri 1',-40A) iV.. i EWA It w' 'tJw in,l of polcf~ firopof;Od 16 64"ma YELLOW PIn Pr•)i,Uatd ie2 are ept+;(j , t,nu un,ierf ; giw I heret,;r rsl ; c t,n r~i,GCr ">nl,reA(:. C on chip itLtacI.cd on1.rft ii ~ wi±.l.ir. ;(1(') rn.lcn~.ltlY ti t1ke dfit;e of, yowl R('^e]?tE311C'U pricou. are.. rLtY➢: Februory W X0) PRKBLRVIM DIVISION a , K . lli raa i Yost pffi;. wx 20 - Textrkanns Tfixaa I ill,; L1;gF VUi,Y~ F-4 0A) IT- GENERAL CONDITIONS COwmACT D0CUMLN111;3. It is understood t nd agreed Ufa Uio Advertisement,, l.nstrUCtions to Bidders, PropoF;al, Performance Bond, (;ord.ract Agroement, Genoval Conditions, Spec ificationa, Plano, Addenda) CP,zxnl;o Orders and specifications and engineering data which i,:ay be furnlohecl by the Cuntrac,or and approved by the owner, are each and all included In this contract and the work shall be done in accordance therewith. DEFINITION[. Words, phrases, or other expressions uaod in these contract occT cumeno shall have meanings as follows: 1. "Contract" or "contract documents" shall include the items enumer- ated above under CON'PRAC'i' D0CLWV11F3. 2. "Owner" shall mean the City of Denton, `i'Pxas, named and desig- nated in the Contract Agreement as "Party of the I'i.rot Part", acting through its Mayor and City Council. and their duly authorized agentsi, 3, "Contractor" or "manufacturer" shall mean the corporation, company, partnership, firm, or individual., named and designated in the Con- tract Agreement as the "Party of the Second Part" and who has entered into this contract for the performance of the work covered thereby, and its, his, or their duly authorizer) agents and other ! legal representatives. 4. "Bngineer" or "Engineers" shall mean the firm of Black & Veatch, 7500 Meadow Lake Parkway, Kansas City 14, Missouri, employed by the Owner for this work, or its duly authorized agents, such agents acting within the scope of' the particular duties entrusted to them in each case. 5, "Insoctor" shall mean the ongineering or technical inspector or inspectors duly authorized by the Owner or Engineer, limited in each ease to the particular dutios entrusted to him or them. 6. "Date of contract", or words equivalent thereto, shall mean the date written in the first paragraph of the Contract Agreement. 7. "Day" or "days" unless herein otherwise expressly defined, shall mean a calendar day or days of twenty-four hours each. a. "'['he work" shall moan the equipment, suppliers, end materials to be furnished and installed, and service to be furnished under this ecn- tract, unless soma other meaning is Indicated by the context. (Dh'N'1'ON, TEXA<i - 140. 3103) G1 -1. 02016.? 9. "Plans" or "drawings" Mial.l mean and i.ncl.udc a1.1 (a) drawings, furni.alied by the Owner as a basis for proporal.s, (b) all supplementary drawings fu mished by the owner as and when required to make clear, and to define in greater detail., the ntent of the contract plans and specifications, (r.) drawi.ur,ri uubmi.tted by the auccessful bidder with his proposal, and by thr. Contractor to the Owner, when and an approved by the Engineer, and (d) drawings Embmittcd by the Owner to the Contractor during; the progrcns of the work as provided for licrein. 10. Whenever in these contract documents the words "an ordered," "as directed," "as requlrecl," "as permitted," "as allowed," or words or phrases of like import are used, it shall be understood that the ureter, direction, requirement, pe mission, or all.owrlnce of the Owner ov ingineer is :lntcnu~-d only to the extent of ,judging colnplianr,e with the tomes of the aontractl none of these trans shall imply the Owner or the Engineer has any authority of or responsibility for supervision of the Contractor's forces or construction operations, such oupervisiorn including sole responsibility therefor being strictly ((,served for the Contractor. 1.1.. Similarly the ':vrds "approved," "rearonable," "suitable," "acceptable," "propo,,iy," "satisfactory," or words of like effc and import, unless otherwise particularly, specified herein, shall mean approved, reasonable, riuJ.tab7.c, acceptable, Proper, or satisfactory in -ile ,judgment of' the Owner or Engineer. to the extent provided in 1110" shove. 1122. Mienever any statement; is made in the cone, :b documents containing the expression "it is understood and agreed," or suf e+xpti ussion of like i.uiport, such expression means the mutual understanding and agreement of the parties executing the Contract Agreerlc,nt of which then(, General Conditions are n part. GC°3. VERBAL UPNI'EML'MP1) NG'i' BINDING. It is understood and agreed that the writtentc mf, and provi~aions of this agreement shall. supersede all verbal statements of any and every official or other representative of the owner, and verbal. statements shall. not be effective or be construed an entering into, or r{>rming a part of, or altering this contract in any way whatsoever. GC-4. S1'ANI: k11D SPEC1.PUATIONS. Reference to standard specifications of any technical society, organl.zatiori, or association, or to coders of local or state authorities, shall, mean the latest oatandnrl, code, specification, or teirtati.ve specification adopted and published at the date of taking bids, unlesu :,pecificall.y Stated otherwise. G01-5. ]t'3{P.CU'P.7ON OP CONTRACT DOCUMEN'f'u, Four (Ir) copies of the contract documents rr.1.1.]. t;e lirepared by the Engineer. Copies of engineering data, special forms, or other documentn furnished by the Contractor, which are required to be incorporattd in the contract shall. be supplied. 011261 (MUIPMEN'i' FOB) Ufl.n Allr-oiriea ',fill, be submitted totheContractor and tare Cow, I,,, trir Ittjall. execute tic Coritraet Afgec.menL, i.nmcrt executed cuples of Q)c cntiuirod bondb fond submit all copi.r~ to the Owner. The da:,r3 of contract on tiro Conl,raet Agreement and bond forrrtrr. shall- be left blank for filling 'In by the (Amor. The certification date or dates ii the Power of Attorney dcc=invent shall be almo lcf't blank for fi.l'l.inrr In by the Owner. The Ow xur wi_l.l. cxecutc all copies, insorL the date of <;unl,ruct an the bonds and Power of Attorney, retain one copy, and forward <;or>,y cash i,-, the Cnntrc tor, is O noer and iurety Company. nC-G, ,icom , NA'l't7Rfs, AND I:Nri'LPnr, OF SPECIFICATIONS AND Pl'11NS. The apecificn. tionn and pinnt; are intended to aupplement, but not nocesivarily duplicate ouch othi:r. fkny work exhibited in the ono and not in the other shall be executed juot as It had been ncL forth in trolsh, in order that the work be complei.nd accordint, to the complete design am decided and determined by the Engineer. Should anything be omiALed from the specifications and plane which ie noco miary for a clear underatanding of the work, or ahould 11, appear that varioua in- ai:ructiona are In conflict, than the Contractor Eft 1.1 secure written instruc- tions from the 141gineer before proceeding with the construction affec-,;ed by such omisni.ona or dioercpanciea, 11 irr understood and agreed that the work shall. ba pcrfovmud and completed according Lo th„ true sp9.rit, ineani nA and intent of the contract, specifications and plans. When equipment; ax, ninterial furni.ahed by the Contractor cannot be ii.ntallod as specified or as shown on the plans, the Contractor shall, without oxtra cost t.n tl,L: OaMOV) make all. modifi.cutions as required t.o lrroperl,y instal.], the equip- most or material. Such modifications shall be subject to the approval of the Owner and the Engineer. GC-'(. APPROVAL OF i0MIN!,LRING 11AITA. Migincerint; drita 0011 be submitted to the .,;nt~t,ne?cr for apr;ioval covering all. equipment and fabricated materials to bo furni.mhed under this contract. These data shall include drawings anti dencri.ptive informati.on in : efficient detail. to ahow the kinel, size, arrange.. ment and operation of component materialr; and devieca, the external connec- tions, anchorages and supports re(od.red, performar ~ characteris.fcs, and d£menolonra needed for insf•rtllation and correlation with other materials andbr t~yui.l)ment. Latu to be submitted slial.l include drawings as required to shoti. cmmcntial (ietail.m of any r; imlyer; In deni.gn or, oonmt:ruetion proposed by the Coni ),actor and O.J. requi.rcd wiring anCi, piping layouts. No work ahal.l be porformod in connection with the fabrication or manufacture of rnatorial•s, equipmenL, devices, or iterrtm ohown by any drawing thereof, nor tlurl.ll, any aecessnry, appurtenance, or device not fabricated or manufactured. by the Contractor or his Oubcontractor, be purchased until the draw.i.ng or drawings and data therefor have been approved, except at the L'on.tr,ctor's own risk and responaibil.ity. Four (4) cr pies of each drawing and necesmary data shall he sulfwi tte(l to the I;hp,i.nc:cr. il.Ol.G1. (,s4 ~19k11V.1` F011) GC»a Y Whon the drawings and data rare roUurned marked 'A!lPROVI-CF' o,, °RPnivl;D i1OR b3',l!'13LI3(maON)" additional copies shall be submitted to I,h(: 1-;ntifneer, The nwnb,~r of additional. cUpics will be detormined by the 1'ri(!l.rir:r, but wi.l.l not exacea eight; (8), 'rlhr:n the drawints and data are returned marked "APPRON'B'D AG 14M M)" the chan8rs shall be made as noted thereon and corrected conies shall. be submitted to the ,,ngineer, The number of corrected copies will, be determtrred by the EIngineor but will not. exceed twelve (12). 4lkmen the drawings and data are returned marked "k2hi'Ulit7I D I'OR coRRrC' TON" the corrections shall be made an noted thereon and as i.nst,rueted.by the Engineer and foul, (4) corrected eoploa shall be submitted. Tho ingi.neer'e review of drawings and data aubmitUA by the Contractor will be far, and will cover, only general conformity to the apeaificationa, and external connections and dimensions which affect the plant arrangement. The Engineer I s approval. of drawingr, returned marked "APPROYBD" or "APPROVED AO NOTiD" will. not constitute a blanket approval of all dimensions, quantities, and details of the material, equipment, device, or itern shosn and does not reldeve Lhe Contractor from any responni,bIL1.1ty for orroxs or deviations from the contract requirements, All drawingo and data, after final processing by the J-MN.i.neer, shall become a imet of the contract documents and the work, materials, equipment, devices, or itema, shown or described thereby shall be in conformity therewith unless otherwi,ne require(l by the Owner or the Engineer, CC-8, LaVil, ADDRE'S'S. The business address of the Contractor given in the bi l or Proposal upon which this contract is foundeu is hereby designated as the place to which all notices, letters, and olshcr communications to the `:onbractor may be mailed or delivered, The buai.nces address of the owner appearing on Page CC-1 is hereby designated as the place to which all. not,l.ce~ 1e0"ars, and other communications to the Owner may be mailed or delivered. The delivery by one party to the other party tit; an address so designated, or the depoai.tingr in any mail box regularly maintained by the post office, of 1tny notice, letter, or other communication addresand to such address, posLatte prepuicl, regintored or certified mail., with return receipt rsqueste 1, atral.l. be deemed nuff,i.cienL service thereof, and the date of said service shall be the d, , of muck deki.very or mai.l.int~. Either party may change the said adrlross u, uny time by am; inaLrwnonL in writing delivered to the Engineer a%d to the other party. Nothing herein contained shall be deemed to preclude or render, inoperative thr- sertrice of any notice, letter, or communi.catiou upon either party personally, CC-9. PA'PI:NIG. Royalties and feca for and in connection with patenLn or patent infringement claims: for materials, articles, apparatus, devices, or equipment, (as distinguished from proceason) used in or for the work, shall b,i 1,11cluded i.n the contract amount; and. the Contractor altall. satisfy all. dumondrs that may be mane ut; any time for such; and h.; Shull be liable for any dama"'(A) or cl.ai.ms for patent J.nf'ringemontra. The Contractor s}hral.l., at his own cost rand ll.Olhl. (YgUT1N l'r r,013) ,~C 1i cxvense, dcfend at and all. suits or proceedings that; may be instituted at tiny time agr+last the C ner for infringement or alleged infringement of any such patr:nts involved in 0 work and, in rase of till award or damages, 'the said Contractor shall pay such award. Final payment to t;hc Contractor by the Owner will. not be made while any :such suit or claim remains unsettled. Tha Con- tractor, however, shall. no, be liable for the defenrtc or any suit or other proceedint;c, nor for the paymenv,. of any damages or other costs in connection therewith, for the infringement or alleged infringemeno of any patented process required by i;he Owner in the design of the work to he done under this eontrrcct or by the contract specifications therefor. GC-10. IND8PENDENT CONURACTOR. 'The relation of the Contractor to the Owner shal.l be that of an independent contra,,tor. OC-11. AUTHORITY OF TIM- ENGINEER. To prevent delays and disputes, and to discourage litigation, it is agreed by the parties to thif, contract that tho Engineer shall in till ease. determine the amounts and quantities of the severa.i kinds of work which are to be paid for unrter the contract rand shall determine all questions in relation to the work. If in 'the opinion of the Contractor or the Owner, a dooioi.on made by the Engineer is n;t; in accordance with the meaning and intent of the contract, either party may file with the Fsngincer and t:he other party to the contract, within thirty (30) days after reeptpt of the decision, a written objection to the decision. Failure to file art objection within the allotted time will be considered ou acceptance of the Engineer's decision and the decision s1In11 become final and conclusive. The Engineer's decisions and the filing of the iori.tten objection thereto shall. be a condition prec-dent -to the right to request, arbitration or to start action in court. It is the intent of this agreement that there shall be no delay in the exe- cution of the wort;, and the recision of the Engineer as rendered shall. be promptly observed. GC-12. ENGINEERING INSPECTION. It is agreed by the Contractor that the Owner shall be and is hereby uuthori7e:d to appoint or employ (either direati.y or through the Lngincer) such inspectors as the Owner r:,ay deem proper, to inspect the materiala furnished and the work performed under this contract, for corn- pl,iance with the plans and specifications therefor. Thy Contractor shall fur- nish :11 reasonablo aid and assistance required by the Engineer or insl,ek~tors, for the proper inspection and exemi.nation of the work arid all parts thereof. The [contractor shall rogal-d and obey ~.he directions and instructions of the Engineer, or inspector so appointed, when the same are consistent with the oblinations of this contract. Should the Contractor objet:t to any order given by any inspector, the Contractor may make written app( %l to the Engineer for his decision. Inspectors, find other property ai t.ho ized VepresentatS.vea of the Owner or Engineer shall. be frco at till timers to preform their rlutie,a, and any intimi- datl.on or att.mpted intimtdati.on of any one of them by tho Contractor or by any of his omployeea shall. be sufficient reason, if the Owner so decides, to unnul t;hc contract, o6prtr"zl (FIQUII'tA1:1 U FOO CC-5 Such inspection shall not relieve the Contractor frornrucy obligation to per- form the work stri.c by in accordance with the plans anil j,i,ec1ficat.lon;3 or any modiN eationa thereof' as herein provided, and work rnol, no constructed shall. be removod and made good by the Contractor at his own oxponse, and free of all. expense to the Owner, whenever so ordered by the i,;nT E noor, without reference to any previ,oua inspection. OC-13, No WAINTM OF RIGET,S. Neithor the inspection by thn. Owner or Engineer or any oTO-10ir officials, employees, or agents, nor any order by the Owner or Engineer for payment of money, or any payment for, or acceptance of, the whole or any part of the work by the Owner or Engineer, nor any extension of' time, nor any ponsesnion taken by the Owner or its employees;, shall operate as a waiver of any provision of this contract, or of any power herein reserved to the Owner, or any right to damages herein provided, nor shall any waiver of any breach In this contract he held to be a waiver of any other or subeoquent breach, GC - lti. MODIFICATIONS, The Contractor shall modify the work whenever so ordered by t1c-pwner, and such modifications shall not affect the validity of the contract, Modifications may involve increases or decreases in the amount of work to be done for which an appropriate contract price ad,ju:stment will be made. Except for minor chanson or adjustments which involve no contract price ad- justment or other monetary consideration, all modifications shall be made under the authority of duly executed change ord~%rs Issued and signed by the Owner and accepted and signed by the Contractor, GC-14.01, Extra Work, if a modification increases tho amount of work to be done, and t2ts added work or any part thereof is of' a type and character which can properly and faLrly be classified under one or more unit price item:, of the Proposal, then said added work or part thereof shall be paid for according to the amount actually done and es, tho applicable unit price or prices therefor. Otherwise, such work shall be paid for according to the extra work actually done, Claims for extra work will. not be paid unless the work -overee.. by such claime was authorised in writing by the Owner. Payments for extra work shall be based on agreed lump sums, agreed unit pricers or any other mutually agreed price basis whenever tho Owner and the Contractor agree upon such prices or price basis before the oxtra worlt In strtrtod, For thu purpose of determining whether or not proposed extra work will. be performed. or for determining the payment method for extra work, the Con- tractor shall., whenever so requester) by +he Engineer, prepare and submit to the Engineer a detailed cost estimate for extra work. Estimate ahall .,how itemized quantities and charges for materials, labor, equipment rentals, and other elements of cost, Charges for the Contra,ctor'rs extra profit, extra superintendence, and extra overheads shall he shown as a percentage addition to the total estimated net cost, Unless otherwise rtgreed upon by the Con- tractor and tho Ownev) such pereentago additions shall. be fifteen (i5) per cent, 0112061 (1QUIPl`ENT 1!011) GCMG OC-1+4.02, Dccreared 4iork, If' a modification decreanc,rr the amount of work to be done, such decrease shall not constitute thu ':;fain for a claim for damage:, or anticipated profits on work affected by such dr!crnn,siu, ':]here the value of omitted work is not covered by applicable unit prlccn, {;hu Faigineer shall. determine on an equitable basis the amount of (a) crt-tilt, clue the owner for contract work not done as a result of an authorized chrsnf;e, (b) allowance to tiie Contractor for any actual loan incurred in connr•r;Wori with the purchase, clulAvery and nubnequent disposal. of materials or equlpmont required for use on the work an planned and which could not be used in any part; of the work as actually built, and (c) any other adjustment of the contract amount where the method to be. ue3ed in making such adjustment is not clearly defined in the contract documents. CC-15, AI2BI7' INXION, Before bringing any action in court pertaining to a decision of the P;nginear, the objector (hereinafter refezred to as Party A) to the deuiaion shall firat offer to arbitrate the question with the other party to the contract (hereinafter referred to as Party B) by notifying him In writing and setting forth in such notice the qucation to be arbitrated. Party B can eloct to arbitrate or not. If Party B agrees to arbitrate he shall. so advise Party A in writing within ten (10) days after receipt of tarty A's notice. Plotice by Party B that he doer not wish to arbitrate or failure of Panty 13 to notify Party A within the ten (10) day period, will givr. Party A -the right to start action in court, ff Party 13 agrees, -to arbitrate, Party A shall choose an arbitrator and ahal.l. notify party 11 of the; name of the arbitrator within ten (10) days after receipt of Party B's notice. Party B shall notify Party A i'a writing within ten (10) days after receipt of the said notice that the arbitrator named by Party A r,11 1.1 act as sole arbitrator, or shall name an additional arbitrator, IT Party B ncu,res an additional arbitrator, then the arbitrator named by Party A and the arbitrator named by Party B shall choose a third arbitrator. The arrbitrator or arbitrators shall act with promptness. in the case of three arbitrators, -the decision of any two shall. be binding on both parties to the contract, as ahall that of a single arbitrator if the dispute is submitted thereto as heretofore provided. The decision of the arbitrator or arbitrators may be filed in court to carry it into effect. If they consider that the. case so demands, the arbitrator or arbitrators are authorized to award. 'the party whose contention is sustained such sum or sums as they may deem paper for tine time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cauoc, they may award damages for any delay occasioned thereby. The arbitrators shall receive reasonable compensation for their services. Thc, arbitrators shall asseaa the costs and charges of the arbitration upon either or both parties. The deci- cion of the arbitrators must be made in writing, and shall not be open to objection on account of the foam of proceedings or award. If f'or any rea=r, after 'the said notices have been duly given by Party A and Party B, the arlatrrators appointed shall be unable or shall fail to act with realonablo pronnptrness, in appointing a third arbitrator, Marty A. (or, if he doec, no(; do no within n rr,anonablu time, Party 11) may request a ,juclge of the o6w& (EQUIPMENT FOB) LC', ,7 Uu.i;ed Staters District C<nurt who regularly hol.dc courE; ill ,he district in which the site of the work, or any part thereof ill locrataCt, t`, appoint the third arbitrator, If it appears to such judge that, tho Lwu arbi,uratorf; origi- nally appointed were unable or failed to act with retill ~nui,blu promptnoss In a»- pointing a third arbitrator, he may appoint the said tfcird arbitrator, and such an appointment shall constt•tute a conclusive determinatjon that the arbitraLors ori.ginall±: appointed were so unable or failed to act wl,th roaaonabl.e promptness anti, if ;;he said judge acted at the request of party 1i, 1;1rat Party A did not make such request within a reasonable time, if for any reason, after the arbitrator or arbitrators have been duly appc,intod as rereinabove provided, the said arbitrator or arbitrators ultall be unable or shall rail. to act with reasonable promptness in reaching a decision regarding the question submitted to arbitration, Party A (or) if' he does not do Be within a reasonable time, Party 13) may request a ,udge of the United States DistricL Court who regularly holds court in the district in which the r3i.te of the ,„ork, or any part thereof is located, to appoint three new arbitrators to act; here-- under, If It appears to sucl,,. ;judge that the arbitrator or arbitrators nally appointed were unable or failed to act with reasonable promptness, I,n reaching a decision regarding the question submitted to arbitration, he may appoint three new arbitrators tU act hereunder, and such an appointment ;hall constitute a conclusive determination that the arbitrator or arbitrators originally appointed were so unable or failed to act with reasonable promptness, and, if the said ;judge acted at request of Party 13, that Party A did nut make such request within a reasonable time. If for any reason a third arbi orator, or three now arb.i.trators shall not. be appointed by a judge of the United States Distri.crt Court antler the circiunriatnees hereinabove described, or if three new arbitrators are uo appointed and E e unable or fail, to act with reasonable promptnetir in reachi.ag a decision re- garding the question submitted to arbitration, then the ar'uitration procedure rhall be deemed to huge failed, and the parties shall be free to assert their rights in the same manner as if they had not agreed to submit the question to arbitration, If the above agreement to submit questions of dispute to arbitration ill not on- forceable under tie I.aw of applicable Jurisdiction, each such question after it has arisen way by agreement of both parties hereto be submitted to arbitration In thr manner set forth above. The Contractor shall not cause a delay of the work during any arbii,raiion pro- credi.ntrs, except by agreement with i;he Owner, It', is understoud and agreed by the parties to the contract; that no retiuirement or statement herein shall. be interpreted as curtailing the power of the Engineer to determine the arnrunt, quality, and acceptability, of work and materials. GC-l6, RIGHT OF OWNS' I'0'PIMMINA'11B CONTRACT, If the work to be done under this contract shall be abandoned by the Contractor; or if this contract shall. be assigned by him otherwise than as herein provided; or if' the Contractor should re adjudged bankrupt, or if a general, assignment of his assets bo mueao for the benefit of his creditors, or if a receiver Ghoul.d be appointed for the Contractor or any of his property; or If at any timo the Engineer shall certify in writing to the Owner that the performance of Lhe work under thin 062061. (IQUIPMEN'i' FOB) r;r_g ■ contract A being unnecessarily delayed, or that the Conhi actor is violating any of the conditions or covenants of this contract or Ito specifications therefor, or that he is executing the same in bad faith or otherwise not in accordance with the terms of said contract; or I the work be not subotan- t;.ally completed within the time named for its completion ov within the time to which suer completion date may be extended; then the Owner iiety serve written notice upon the Contractor and his surety of artiid Owner's intention to terminate this contract and, unless within five (5) days Kter the serving of such notice upon the Contractor, a satisfactory arrangement; In made for the continuance thereof, this contract shall cease and tormi.nat:e. In the event of such termination, the owner shall immediately serve notice thereof upon the surety and the Contractor, and the surety shall have the right to take over and complete the work; provided, however, that 11 the surety does not commrnce performance thereof within thirty (30) days fom the date of said notice of teTminati.on, the Owner may take over the work and prosecute same to completion, by contract or otherwise' for tbQ account and at the expense of the Contractor, and the Contractor and his surety shall be liable to the Owner for any and all excess cost sustained by the Owner by reason of such prosecution and comple- tion; and in such event the owner may take possession of, and utilize in oom-pleting the work, all such materials, equipment, tools, and plant as may bo on the site of the work and necessary therefor. G(:-17. SUSPENSIGN OF WORK. The owner reserves the right; to suspend and rein- state execution 01 the whole or any part of the work herein contracted without; invalidating the provisions of the contract in any way. Orders for suspension or reinstatement of the work will be issued by the Owner to the Contractor in writing, The time for completion of the work co sun- pended shall be extended for, a period equal to the time lost by°reason of the suspension. When a suspension period is ordered by the Owner, prices and delivery sched- ules shall remain unchanged during the suspension period unless changes are agreed upon between the Owner and the Contractor. If the Contractor's prices or delivery schedules change during a suspension period, he shall notify the Owner in writing 30 days or more before the effec- tive change date. The Contractor and the Owner shall then agree on reasonable and proper changes, or the Owner may) at any time prior to the effective change date, either order reinstatement of the work without changes, or cancel the unshipped portion of the work. Changes in delivery schedule shall mean extennI on of the scheduled time of delivery beyond the number of days of the suspension period. GC-18. DELAYED SHIPMENT, The Owner reserves the right to order the Contrac- tor to delay shipment of the equipment as herein contracted. In the event of such ordered delay, the Owner will pay the Contractor reasonable and proper extra charges incurred by the Contractor as a result of the delay. Such extra charges shall include storage charges, handling charges, insurance, interest on investment, and transportation charges to the storage far1lity. 01.1267. (I'QunmNT FOB) CG'- CAN(,'E1LATYON OF W01~R- Tore NMI' reserver, Who r10iG to (,-ancel tiler uushi.ppud portion of : o wo7k, In the event of caneo~liatlor), the Owner will pay the Contractor rearsonable and proper cancellation (!lutrge61 GC-PO. LAWS AND ORDI:NANCtS. The Contractor shall at (4L] ti.rwis observe and comply wtLli aA.~ordinancoa, lawn) and regulations, and alial.l protect +and indemnify the Owner and the Owner's oPfieoro and agonti~ nga:lnut any claim or Liability arising from or bused on any violation of tho same. All permit,a and licenses required in the prosecution of any and all. parts of the work shall be obtained rind paid for by the Contractor. CO-21. il1:NDRANCES ADD BAYS. In executing the Contract Agrecrcent, the Contrractor exi.r.~as;ly coverurni:s and agrees that, in undertaking to complete -the work within the t;imc thereln :ri.xcd, lie has taken Lnto consideration and niaclc: allowances for a;l.l hindrances and delays incident to such work, whether, (,rowi.ng out of delays is souring materials or workmen or othei'wiso. No charge shall be made 'by the Contractor for hindranceo or delays from any eauaa during, the progress of the work., or any portion thereof, embraced in this contract, except as provided in the paragraph on "Suaponsion of Work" of thersc General Conditions, CIC-22. i!;XT NSIONS OF TIME. Should the Co:'tractor be delayed in the final completion of the work by otrikerl, fire, or other cause or cau8es outside of and beyond the control of too Contractor and which, in the opinion of the Engineer, could have been neither anticipated nor avoided, then an extension of time sufficient to compensate for the delay, as determined by the Engineer, sliall be granted by the owner; provided, however, that the C'ontractor• shall give the Owner and the Engineer prompt notice in writing of the cause of delay in each cane and shall demonstrate that lie has used all reasonable means to minimize the delay. Extensions of time will. not br, granted for delays caused by unfavorable weather, inadequate ronntruction force, or the failure of the Contractor to place orders for equipment or, materiala a sufficient time in advance to insure delivery when needed. CC-23. MA'.l't:R.T.ALS AND B'PUlPM%T. Unless specifically provided otherwise in each cased all mato vials and equipment a'vviiished for permanort installation in the work shall be new, unused, and urdzinagcrl when installed or otherwise incorporated in the work. No such material or equipment shall be used by the Contractor for any purpose other than that intended or specified, unless such use is specifically authorized by the rzgineer in each case. GC-21+. WARRANTY. The Contractor warrants that the material and equipment herein contracted will be no specified and will be free from defects in design, workmanship and materials. If, within the warranty period, the material or equipment fails to meet the provisions of this warranty, the Owner will notify the Contractor and the Contractor oliall promptly correct any defects, includ- ing nonconformance with the r,peci.ficabions, by ad,j+.witmont, repair or r?y,lace- ment of any and all deflective parts or materials. (02861 (ri gUilm-oil' Pon) (7O -lo Unleon otherwise specified, the warranty period shall bepin co the date of f0 al payment or the elate of initial operation, whichevQr In later, and the warranty period shall and 12 months ;Later except that under no ci.rcumatancoo olE! the warranty pokod extend beyond 24 months after Chu date the delivery of Cho equipment and materials was complete, if manuf'acturer's field surervinors are included in the oontraet, such oupervfnion shall be furnished by the Contractor without cost for the correction of any defaces. The Contractor will be given an opportunity to confirm the existence of the defect brit he shall not delay the correction while making ouch determination. The Contractor shall extend the provisions of this warranty to cover all repaired and replacement parts furnished under the warranty provisions for a period of one year from the date of Anstallation thereof. If wlthin ten days after the owner gives the Contractor notice of a defect, the Contractor neglects to make, or undertake with duo diligence to make, the neceonary corrections, the Owner is hereby authorized to make the corrections himself, or order the work to be done by a third party, and the cost of the corrections shall be paid by the Contractor, In the event of an emergency wherc in the 6udgment of the owner the delay resulting from giving formal notice would cause serious loss or damage Which could be prevented by i--mtediate action, defects may be corrected by the Owner, or a third party chosen by the Owner without giving prior notice to the Con- tractor and the cost of the corrections :shall be paid by the Contractor. In the evestt such action is taken by the owner, the Contractor will be notified promptly and nhall assist wherever possible in making the nereouary corrections. 00.25- CLAIMS FOR LABOR AND MAMMALS. The Contractor shall. i.ndomni~y and stave harml.er. Lhe- Towner i'rc,m al. claims for labor and materials furnished under this contract. When requested by the Owner, the Contractor shall submit satisfactory evidence that all petm,ono, firma, or corporations) who have done work or furnished materials under thin contract, for which the owner may become liable under the ImWo of the acute, have boon fully paid or aatia- factoril.y secured- In cane ouch evidence is not furnished or in not satin- factory, an amount shall be retained from moneys duo the Contractor which, In addition to any other sums that may be retained, will be sufficient, in the opinion of the owner, to moot all claims of the persona, firms and corpo- rations an aforesaid. Such sum or sums Shall be retained until the liabilities as aforesaid are fully discharged ur satiafactorily aocured, cc-26, R);MMBI OF LIABILITY, The acceptance by the Contractor of the last payment 7 =all apcrato as, and shall be, a release to the owner and every officer and agent thereof, from all claims and liability hereunder for anything cone or furnished for, or relating to the work, or for any not or neglect of the Owner or of any person relating to or affecting the work. M2861 (EQUIPMENT FOB) GO-11 UC-2'(. I)NUTINSE OF SUITS. In case action at law nr [;Ili,, iu equity is brouflrC. iiga.Lais cOwner or Engineer or any officer or 1,gunt of either of them, for or on account of the failure, omission, or nn,lLou b of the Con- tractor to do and perform any of the covenants, acts, rMors, or things by this contract undertaken to be done or perfortimud, or for the Injury or damage caused by the negligence or alleged negligence Q the Contractor or his agents, the Contractor shall indemnify and save harmless the Owner and Angineer and their officers and agents, of and froan all losses, damages, costs, expenses, ,judgments) or decrees whatevor arising out of such action or ouit that may be brought as aforesaid. CC-2(3. INSURANCE. The Contrar.tor shall sccuro and maintain insurance of such types and in such amounts as may be necessary to protect himself and the interests of the Owner against all hazards or risks of loss an herein- after designated and specified. The form and limits of ouch ;insurance, together with the underwriter thereof in each case, shall bo approved by Owner but, regardless of ouch approval, it shall be the responsibility of the Contractor to maintain adequate insurance coverage. Failure of the Contractor to maintain ouch covnragc shall not relieve him of any contractual reoponsibility or obligation. For insurance purposes, the title of ownership of the equipment shall remain with the Contractor until the Owner reeeivos the equipment at the job site. If the Contractor does not furnish supervision of erection or ;venting of the equipment, the Workmen's Compensation, ConTrahonsive Automobile Liability and Comprehensive General. Liability insurance specified herein may be omitted. The Contractor shall. submit a copy of the'rranuportation insurance policy to the Owner 30 dsLyo or more prior to the scheduled shipping date of the equipment. The p liey shall quote the insuring agreement and all exclusions. The Contractor, shall submit a certificate for each of all other insurance policies not let than 30 days prior to the date the manuf'acturer's super- visor or supurviaors are expected to arrive at the job site. Each certificate shall state that ten (10) days written notice will bi given the Owner before any policy covered thereby is changed or canceled. OC-28.01. Workmen's Compenoation and Employer's Liability Murance. 'Phil; inouranco aFKIT protect t 5c Con rticlor ag~+.a3-tis any and all c aims rought under the Workmen's Compensation Law Tor the state or states involved in work performed under this contract. It shall also protect the Contractor against claims for injury to, disease, or death of workmen engaged in work under this contract which, for any reason, may not fall within the provisions of the Workmen's Compensation Act. 'T'his policy shall include an "all, states" endorsement. The liability limits shall not be less than the following: Workmen's Compensation ~ statutory Exployer' u Liability . ;100,000 each person OC-23.02. Comprehensive Automobile Li, ].ity insurance. !Chin insurance to be on the comprehensive form, shall protect he Contractor against any 022361 (EgUTPMZVT FOB) GC-12 and all cl.a:l.ms for in;}uries to membera of the public and damage to property of others arising from the use of automobiles and trucks in connection with the perfoamnance of work tinder this contract, and shall eovor the operation on or off the Hite of the work of all motor vehicles liconnod for highway use whether they are owned, nonowmed, or hired. The liability limits shall not be less than the following: Bodily Injury - $250,000 each person . $500,000 each accident Property Damage - X1100,000 each accident 00-28-03. Comprehensive General Liability Insurance, This insurance, to be ion the compz1e tenave form, shall protect i he Contractor against any and all claims arising from injuries to membovs of the public or damage to property of others prising out of any act or act of omission of the Contractor, his agents, employees or subcontractors, in connection with the operation or performance of work under this contract. In addition, this general liability insurance policy WWI specifically, insure the contractual, liability of the Contractor assumed under the foregoing paragraph "Defense of Suits." The property damage liability coverage under this policy shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground property. The :Liability limits shall not be loop than the following, Bodily Injury - 1250000 each person 1500,000 each accident Property Damage 6500,000 each accident; - ~j00,000 aggregate W28.04, Transportation Insurance. This insurance shall be of the 'All Risks" type and protect t Contractor and the Owner from all insurable risks of physical loss or damage to the equipment during the time the equip- ment In in transit to the ;job site and until the Owner or his duly authoriz.ud agent receives the equipment at the job site. The coverage amount shall be not less than the full amount of the contract, 't'ransportation insurance shall, also provide for losses, if any, to be adjusted with and made payable to the Contractor and the Owner as their interests may appear. GC-29. ESTIMATES AND PAYMLN'TS. Payments will be made monthly in accordance with the follow ng schedule; 90 per cent of the value of the equipment and materials upon delivery at the job alto during each calendar month, providing the shipments were reasonably complete and integral units of equipment or reasonably complete lots of materials. After official approval and acceptance of the work by the Owner, the Engineer will, be authorized to prepare a final estimate of the work done under this 022361 (t:4ZuipmLN7.' FOB) 00-13 contract and the value thereof, final estimate wl II be oubndALAIA. to the owner within ton (10) days after tto preparation hao born authorized an afore, said; and the Owner will, within thirty (30) dayo after oaid final estimate is made and certified, pay the entire stun so found to bo due hereunder, after deducting j.11, amounts to be kept and retained under any provision of thin contract. In the event the Owner doeo not give official approval and acceptance of the work within 365 days after the date the shipment of equipment; and materials was complete because of any cause which is beyond tho Contractor's control, the final payment will be made in the manner as stipulated above providin tho equipment and materials are in accordance with the opocifications an far as can be determined. 00-30. PfIFORMANCL ND, The performance bond executed by the Contractor shall beWa gue7af for the faithful performance and completion of the work in strict accordance with the termo of the contract, and each and ovcry covenant, condition, and part thereof, according to the true intent and moaning of the contraek dootnnents as heroin defined, (b) for the repair, or replacement where required, or the cost thereof, of all. work performed under the terms of the contract, where such repair or replacement is required because of defective workmanship or materials, or both, and for the replace 1oent of dofectivo equil,mont or parts thereof, within the guarantee period specified heroin and (c) for the payment of all, juot claims. rkie penal aum of the bond shall be for 1.00 per cent of the contract amount. The Owner agrees to snail a notice to the Contractor, calling his attention to any failure to comply with the requiroments of the Iond, not .lr;sj than ten (10) days before notifying his ourety of amch failure. A 6ortified copy of a "Power of Attorney" shall be submitted with the bond. ThA bond elate and -the certification data on the "Power of Attorney" shall be left blank. '.Phase dates will be filled in by -the owner when the Contract Agroemont in exnnoited. The surety corrrAajy shall submit a letter to the Owner instructing him to fill. in thr.no (30US. 020361 j e7,UtI'hf~N'P FoB) oc-14 CONTIIACT AG111-;L,141M" T1C18 CONTRAC'T' AGRXLiMEN'f', made and entered Into this ;~~ciay of' 1962) by and between the CITY OF 1 BRITON, EXAN)j 1'arl,,y of the First Part and hcroinafter called the Owner, and K011111415 COMPANY) I:NC., 111. 0. box 20, Te)cavkana, Toxan, a Delaware corporation with Its prf.nrlpal office in Pittsburgh, Ponnsyl.vanfa, Pari;y of the Second part> ctnil horoinafter caeca the Contractor, WI-TN KSWI H : TIRT WHEREAS) the Ov°ner has caused to be prepared, 1n accordance with law, speclficatlona, plane and other contract documents for the work as heroin speclfiecl; and W1U F,AS, the said Contractor has submitted to the Owner a proposal in accord- unca with the terms of this Contract Agreement; and I WILEREM111) the Owner, in the manner prerfcribeci by l.aw, has determined and declared the aforenaid Contractor -to be the lowest and beat bidder for the sal.d work and han duly awarded to the said Contractor a contract therefor) for the sum ov sums named in the Contractor's propom l., a cony thereof being attached to and mach a part of thin Contract Agreement; N04l, TH REVOR1, In connlderation of the compensation to bu paid to the Con- tractor and of the mutual agreementO heroin contained, the parties to these presonta have agreed and hereby agree, the (honer for i.tnelf and its succea- earn, and the Contractor fox, itself, himself, or themsol.vea, or its, his or their successors and assigno, or its, his or their executors and udmin- i.stratora, as follows. ARTICLE It That the Contractor shall furnish poles listed on page 1'I'-1 with insured warranty, an specified and required In accordance with the provision; of the contract documents, which are attached hereto and made a part horeof, and shall execute and. complete all. work included in and covered by the Owner's official, award of thin Contract Agreement to the said Contractor. ARTICLE 11. That tho Owner shall pay to the Contractor for the work and mterfaia embraced in this Contract Agreement, and the Contractor will accept as full compensation thorefor, and hum (subject to adjuntmenta as provided by the contract) of THIRTY- 1WEN THOUSAND Fon immirm SWEN'T'Y'-ODIE DOLLARS ANm T1JGIIT CENTS ($37)1171,08) for all work covered by and included in the contract award, designated in the foregoing Article 1; payment to be made in caiih or its equivalent in the manner provided In the General Conditions attached hereto. (MMON, TEXAS - N0. 31.03 ) (T1IANSM SION LINE POLEG - E»110A) CA-1 Al1TIC1d11 TIT, Th(Lt time of completion f.u of the cum.,mo at' the Contract Agreement, and that the Contractor shall proceed with tho specf.fied work and shall, conform to the following schedule: mOLF0 ;SHALL 13L DELIV RIM BETWEEN URIL .l. AND AU01R)..1, 10 1962, DBLIVE'RY TO DE go DAYES FOLLOWING WRI'. TEN lifQlJf 131 V ' HH, EVGI DIt.MS. 'fRl W1TN]Y50' 'rllil!0MMOP, the partied hereto have executed I hts Contract Agreement au of the clay and year first above written, THE' CITY 01! D1,24TON, TIMAU Tarty of the lei mL fart (Owner) J Attest (u1 AC,) KOl'2'IMS COWANY, :LNC. Marty o the EiccoM mart (Cont;rac wr ) Wt Lim ri A kept '.I'he foregoing Contract Agreement is in clue forrn acoor'ding to law and i.a heroby approved. ,~2 % At-to goy for Owner W i (Dl DITON, TWO - NO. 3103 ) { (TRAN:SMI;S",'ION LINE PO lb Z-40A) CA-tt RMFORMANC11 BOND KNOW ALL MEN BY T1D,'0 P1 11RES1lN'TS that we, 'the urulornir{❑od KOPPIMS COMPANY, INC, of Toxarkana, Toxas, hereinafter referred to as "Corilxactor", and KOPP tS ColiI'ANY IkJC r, corporation organized and existing under the laws of the Stuto of UeleWare and authorized to transact business in the State of Texan, as Surety, are hold and firmly bound unto the City of Denton, Texas, hr,reinafter referred to ass "Owner," in the penal sum of THZ1i'TY-GET 1;N THOUSAND 10OUll IMIDREM 51i BUTY-ONE' DOLLARS AND BIGHT CENTS (467,47..1.(0), lawful money of -the United `Mates of Amorica) for the poyment of which sum, well and trily to be mado to the afolle- said Owner, wo birrd :)urnelvea and our heirs, oxccutorn, udminintrators, uueeosoorn, and assigns, jointly and ueverall.,y, by these presents; WHER1+1115, on the iiay of , 1962, the above named Contractor entered into a written contract with tho aforesaid Owner for fur- nishing materials, supplion and equipment not furnished by the Owner, con- struction tools, equipment and plant, and the performance of all neccosary labor, for and in connoet),on with the construction of certain improvement; designated, defined, and described in the said contract and the condiitiono thereof, and in accordanou with thy: contract drawings and specifications there- for; a copy of the said, contract being attached hereto and made a part, herrof; and MME-11fl3, it was a condition of the contract award by the Owner than, these presents be executed by the Contractor and Surety aforesaid: NOW T}LYBE ORB, if the said Contractor uhall and will, in all particulars, well, duly, and faithfully observe, pevform, and abide by each and every covenant, condition, and part of the said contract, and the conditions, specifics ionn, drawings, and other contract documents thereto attached or, by reference, made a part there, aeeording 'to the true intent and me=aning in each case, then this oblige;-ion shall bo null and void; otherwise it shall romain In full force and effect, JMOVZDED FURT111M, that if the t3nid Contractor shall -Coil to pay all. just claims and demands by, or in behalf of, any employee or other person, or any firm, asuociation, or corporation', for labor performed or materials, sulrplieo or equipment furnished, used or consumed by said Contractor or his, 'their or its subcontractor or subcontractors in the pe.-Lforrrtance of the work contracted, to be done, then and in that event the aforesaid :Surety will pay the full. va.luu of any and all such claims or demands in any total amount not exceeding the amount of this obligation, together with interest as provided by law. DEN'T014) M A0 - NO, 3103 ) ~vANOM10BION UND, 1' IX0 - 1 ,,40A) PD-l TJIM UNI)LR;;IGNZD ;IURPAT) Vor value recoived, Hereby ti(d.pulatoo and ugroea thut no ex;tennion of time) change in, addition to, or othov modification of the forma of the contract or work bo be performed thoroundor, or of tho spcrifi- ca'tiono or outer contract doctiment nccompanyinf5 tiarnci, rihall in any wine affect itn ubligati,on on this bond and aai(I (surety doers horeb,y waive notice of any ouch oxtension of time, change, addition or modifieW lon. IN TESTIMONY 1,111P,R MP) the paid Contractor hats herounto riot his hand and the fsaicl Surety Lae cautied thoi3e prosonW to be executod in its name, and itrs corporate neat, to be hereunto af.cixed, by Its attornoy-ln-fact thereunto duly authorized so to do, lit_ Texorkaua -.on thie tho rZy day ofMaroh , 1962. KOI'iIMS COIVANY, INC. (COWMACTOR ) .t , DG1tAL INSUI?M! CE COMPANY (OUR M1, CO4I'ANY ..g by 4„ t ~-e► y~,. X Y~~ ttornay-i ~ act lnourance Aone Art l3ot tha ~ I3y By St 'o Representative (Accompany thin bond with attorney-in-fact's authority from the Jurety Company cortified to include the data of the bond.) (1)IINTON) !t WAS - NO. 3103 ) (11RANSMISSION LING] POLES - E-40A) IB-2 Cerllned Copy of POWER Oil' M I'ORNFAY X1111m till lard tilt I1pw vYi'1p'tittl, That th6 k'p)DhUiAi, INSIIRANCI; COhil'ANY 41(1 Jo}ut SUcol Now York, Now York, n Now Jersey C orporntioa, has conzaUtuted and appolrned, And churl hel'eby constltuto Will nptlalat Jonh }t, Morrinn, floUerh Maxwell, attd Bortha L. Amax of `1'oxarkt, ap Tama - - - - - ntlch Its true and lawful Attolvtuy-In-Vil(L to oxeruto » » - (1111101' Hitch 11('41;{nntlon hl It" lulu" and to nlllx Its COrporilte RAII10 nn1(Mji or?or and nn i7u riek",, lr"8 saroty t7wiviii or othor- willu, bonds of elthor of Cho following cla"Hes, to-wit! I 1. liondH on belllllf of contractor" hl counndlon with bids, prolv91114 or coelrlo,tn to or wlUI the llnltod ,Stab" of Aimiricn, guy Hinto or political nubtllvisiun thoreof or nny por"en, firm or eol'porntlon; 8. ,Suroly 1)oi1A Io tho United Slntos of Arlwricn or tiny ngenoy thereof, Inulud4ig fho"o required or porml(10 udi~multy Ib aid" Ilud"l, thtuuhlws, ortlil~n l 0181, iolndlitlo' a -oftuny 'MI10, GUY, lTown vilinlgo t Board or other body or orgnnlaaUon, pill to or privato) bonds to 'lhvl'.,s ,urUlUull CompaeloH, I oHt 1astrummrit bonds, I,eaHu 11ondH Workn"n'H ComponsuUon bond" MIHeellnnoous surety bond" luld bundil on bohulf of Notnt9:n Public, S'heril1'", Deputy 81'e- trH Ilud "IIn11111. putille oillulnls, 11, )Lnids nod undmbildligs rugafred ov )rm•ulf(ted by Into to l,o t,+lvea or filed In wiy null nulttor or procuudbig in luly Court of thu 11111(al Stn(r,", or ally ylato or other Cool, or Itlvon to or illo with nlry. Slurllf or M1114IHtrato Within [Illy State for tho doing or not doing of anythltl;t hoer ilrrJ I~I sgch 1)nuil;op,Undartad~Jllg, In which tho penalty of tho (loud or liability incurred undue such uaderta tang l loo" not oxewd with relipoot to ,1"Idudlnvy, Boedu (ltd ilium of4 „ 1\ J.' J rr V K ti . v r i IIullAru l~ I Ni.,U 1' } aidl With 14'Il1A lo'all ollt Jf1J- l pes of Oelli't"11oh'i~0 tkb Hljin at Dollars ; , 1, : I_ n Fifty. TA01 4411k'-' t' ....'1r „•,4 501 40Q n, ' -i"l -zr fit 1111mvill X111iiiMIL the snftl G'1~;1)[~;ItAI, f~18{TIiANCIS &STPANY Iwx „ pprlml)nt to lip By-Lim, eausowl thsWp p)p{wrtty io yu slu)iud lt,',I1.*N10y 1?raHlL~put ail)! A,mImIunt ice Agry APO, Atli crrpo)'lltu A001 to be hcroto Illllxdd this dew of 10 , ~7Gia nAcc~pbe~' . . l't4bf$kAL tN (1AANrhl irC ANY By Y ~~SV~gNC , 1'hfitt li.' t)c(v ' V~cy i',uy(dgllE . JE4. p OOL~~," . fj 1 00r/ , r FPddmlck Onl'dneii A WefsfetlE .Yrbri,huy! $1.111, OF Nf1W Y01tK"tr "A,I 66ifiity of Now York On this , L'h day of D90erabev 1059 , bofuro mo personally came Prodorluk U. Garrleor, to myy knuwil and Eby mo ]gown to be Asslnteint Snorotory of the 1~EDRUM, INNIM"NCH COMPANY, the cor. iilorutlon ddserlhod ht and whleh rmcuted the folcuohit( Pomr of Attorney lied lhu sold Frodorlelt Corthlor haing by me duly evvol'n, did deffma rm d say I mi, lie rosiddH In tho City of New York, III Um Stato of New Yor9t) that he IN AnnloUmt Auvotnry of 'A iv. VN'DIMA1, MMI(ANC11 COMI ANY slid knows the COI' lorille sell] Ulol'oolt that the noel Idhxad (e 1110 foregolall' 11owor of AUohaey Is Hl"li dorpOfale .n1d !Intl was thereto anlxed by aaihoP- ity of the Hy-Lnws of nnld Coill111111Y I'lld thlit ho H[Imi'll nrlid l'owel of Attorney IIW Assistant Secrolnry of stlid Cunipsuy l,y like aulhorityf Clint, he IN ucquniutod with 1'hok, It. Dow and knows hEnt to In Vice l1rusltlunt of said Conllmny, and that thu el) aaturc of stair! 'Thos, It, Dow subHCrlbod 1-0 Wald Power of Atto. any 18 111 tl" geoulno hand, writ fig of sidd Thom. It, l'iuw and was linruto sabm-lliod by'nuUwrity of said Uy-I,nwll 111111 ht depunenllH pre"enca 1101motelcdued mid NuroPrl 14) Lc/oro lei; Oil tha date uljooo Im'Uterl, "444", I . , " •~OOTAP,~9,~ ~ 111a 1 ~ weft 46u1311%0; MARION 1. b oORA'rii NoEerrl rnLlEo ~.e' NOTARY PUBLIC, Fitato of New York No. 244887860 ~a~K W Qualified In Kings County Cortlnonto Oled In Now Yorlt ('ouety Comm isnlrill 1?xlnhos March 110 196 roint IMP Rev, 9.59 1111111 U)M) 01TV AND COUNTY 010 Nl7W YORKI AH 1, th,,i UHdorwlCrnad+ Aitolxlant Haarotary of the T+`I}DJ" I41NMURAN•C71'T COMPANY, do hereby i-ultlty thin tite following IN it truo oxel!tpt from 1ho 13y-I,uw4 pf t)Ip sl it Cott) y, 44H u t90CA,hy Itq 1304rd of ll_ hmvtortt on dlarbh 1I, lU~>) had amc~ndbtl'Rnptdrll~ol ".fl', 11~G0 aiul that t ie by-'my III In' 111(1 force and 4ect, "ARTICIM' XlX, BXL,t,U 'I01~ Ob` PO1,IQIhI,S, 110NMI ~:Yfl ~li'I Etfl S. IIIE".~ crtlon Alf ',oiidH, undortoldngo, contljictH, poworx of atturfiey and othor In4truntonto 0111011 'than nA khove far Mill till liohnif Of the C6mpn6`41 it 'A Ndtfiorlfw by limy bit ith Aifift S` 0 exaauLo, way nllri Hitnl~ l,u;tutccnted in tho name nrto ott.Loh44ilR of the ;Company oft u (I) by ISu Prvolclollt, or It V10 Praldont, or mi AsHlHtnnt id(' YlrbAtl ny JofnLly With ito SL{ ~e~flry, or tilt AIMAI(nit Hec 4kfy, imdoi' Lholf reHpeutivo duHigtin tfoaH-,,except lhnll (a) filly omeur or olneorH, anent oV'ngeato, attolfiey-&t-fact or it [tort] nyx-in•friet, doNIgantp)t„ 'in fitly rcaolu+,loll of tllr Ifolu•d of DiroutorH or 1Cxecultvo Cowmittuo adopted olther Wf8eo ufror din imiking of;tltrio Uyi,uw, or ill Tiny power of nttornoy exeeuta!) All 1proAdc-4 foe jti'tfi)is`;' Hr(Aiou, Ipaty ext+eMA, 11 0)(I mrtnltor preocrlbod ht Auoh ronolutiofi or power of: Atip}mey f'61, iitltUtol ity±aay onell,bojilj Ondortuldng or other oblwatlon tvidel) Ito or they H101 ba,~~plwiyo~ed ' W oxcrtllu, by Huell xeouluLioit or power of nttornoy or mthorkatloni" And t Al ther`rertify that I hnvo cotnparad Life forurobw copy of tho POWH7R DOW1 ,~p0 .lbY 'W' Lho orllllnal Oleroof ginl the Hmno IN It cljimact And trua copy of Lhu wholo of rinld original howok„oP~At46rhor p? {`tbtlt Hldd Potvor of Atttoanay lm riot, buvtt robokcd, Ali(( I furthor cortlfy that 811111 PPll1lvl2Ai';-.1NB0ItANCI9 COMPANY le duly llennxf'A"W'tranAltot Ildullty find-,HUt'vty U11HIn(Ha,ill nnglt of Olt! Stn4eo of llic United Stutan of Amorlea, Pnot•to Itlco, and each of the Provincoa:of this Doalintun of Conadtt with rho oxacptlon of Prince ]:dward IHlnttrll And fe nleo duly licensed to bevoute Hole Hurety' all borndn, undortnkhtgn, otc,, permitted or caquhad by tho law" of dto Unltcd ,Stntaor Willett under my Itwid and tho Heal of HAId Company at Now YOH(, N, Y,, thin . _ •dr)y, oR •AeofataMC,`Jrrtoln>g t V - I 1 S % 1111 ~ It ft~itt~~ ~41 1. ' t JI ' is r l r• f.fi:11' I At t' `111' UHNWL )PE1011PICATI.(IV, FOR MANSM1",SIOPI LIME POi,FlB OENERAL. :('hose specifications cover the furnishing, (A' wood tranamiiision line poles for lnal al.l.ation In it single circu:lt tranomi nciion :lAric being built by 'the City of Denton, 11'exara. 'I9ae lump sum pr,Lco shall laclude do:l.i.very of thA poLon Fob railroad siding to be don,ignatod later, Denton) l'oxan. DBLIV1751Y F(,,IIjeDULB, 111ho polon shall. be delivored an cU•reote+d by tie Engineor betwean lipril. 1,r196? and August .1, :L962, Partial. nhipmonts of nu(-, leas than twcn'cy poles will be required, QUA,NTITIW Final gllantities of cacti silo mole are not available. Usti+na:ted quanMltfo~7s" aro l.istec in the propocial, final. quantl.tias will bo P;iven to tLe Contractor when •the final shipment of pole3 :Ls releaaod for manufucturo. PROTECTION DMUNO BIIIPMSMI. The poles shall be IoEulod and securuii in such a manner as to avo.ci"burns ox other damage during shipment. Open end gondola cars may be used if desired, poles received in a deur!t'.rred condition shall be removed and replaced immediately at the Contractor's o:xpense. SHIPPING NOTICES. T9so Contractor shall send two eop;•es of a shipping notice describing each shipment of material or cctuipmont. I'ho shipping notice shall be mailed on a sehaftle no that the notice will arrive approximately three days ahead of the ecti.mu.ted arrival time of the shipment. 6hipping noti•ras shall be Identified with the owner's name, specification number and n,ume of :Item of oquipmont or material.. The addresaecs for the shipping notice will be determined later. ( MINTON) T'E`XAS - No. 3103 ) TRANSMISSION LINE POLro - 1;-IioA) G-1 DETAILED SPEVI ICATIONS FOR '1RAK)'MIg`£iI.ON LINE POLE::; (INNfJ?AI., The following paragraphs deucriuo the 1)(J1011 which are to ho iID iT-ed under thono spocifi.cati.ons, TDEN'.I'7:FTCATION, A,1.1 poles shall be branded on the I.'aco and butt;, 10ie markings o►i -5 f'a^e Aul l be r)ix (6) feat above ground line, rvsouming standard setting depths. 'f'.ta markingo shall be thooo designated in A,iA Specifications 05,1-19118 titled "American 8t•andard Specifications and Dimentslens for Wood Poioa" under Paragraph 11,5 Maz,king". In addition, the initi.a.ls 1)N'.[, and the grade "D" ohall be stamped on both the face and the butt. IRAMINO. Pole fvamini; shall consist of a fiftean (1.5~ degree one wily roof anti 6T-V'6713/l.6 in-h ho),os, one 11/16 inch hole avd ono 1.5/8 inch pole gain whose location will, be provided later, STANi)Af(DS. The polos ahull be specifteid grade "it" and shall be in accordance wii;h applicable prtia-agrapho of ASA Specifications 05.1-19118 and with the Amo,rican Wood Prouervers Asgociati.on Specificationa 011.60 with the exceptions and limitations as tabulated below, As,1 Oradr "D" Paragraph No, and/or (iubject Standards Specification fiequiremerrtn 2.1 Specios "_oe AMA Upcc, Pacific Coant Douglas Fir or Southern Pine 2.3.3 Spiral grain 1. turn in 20 ft 1 turn in 110 ft ?,4,2 Shakea in polo top Mae ASA Spec. None permitted 2.11.11 Sum of diameter of 10 inch 8 inch all knots inn ft section - maximum 2.11.5 Depth of trimmed 2 inch 1. inch scare when permitted 10 inch pole diameter Over 10 inch pole 1/5 of diameter 1/10 of diameter diamotar - maximum 2 11.9 Maximum oweap in 1, inch in 6 -ft .1/2 inch in 6 ft one plane Maximum sweep in Line must fall 1/11 diameter of pole at two directions in inside pole point of greatest devie- one plane measured Lion by line between mid- point of ground line and pole top {DBN'1'ON, THYAS - NO, 3103 ) TRAN514I;SSION LINE; POLES - I~-))OA) D8-1 ASA Grade Iaragrap}r IVay frncl ur Sub }c>c;t. Standards ; ~r,ci.fication }iequirc:menl,s 3 Cl.ro umfevonee 6 ft See ASA Spec, Per ASA from butt-..,ini;mw. Table 5 ft fxam bctti,- 7 incheu Larger Par ASA InTAXiMuM than minimum 'Pop, minimum for 27 incheu 1'er ASA (,,last) I: Top, maX:LmOm for Notre None Claus , 11,3 Tvi.mming overgrown Trimming not knots luau than 1 required Trim complota.ly inch high 4,5 Marking-Required on Class and hui.ght See paragraph "I1)LNi'111'I(!A•, butt ,!`YON" above hide brand loealion Not specified 6' above ground Side brand data. SUVI)Iiern' code Optional Required Plant location Optional. Optional date of treatment Optional Required ipor.i.es & Prenerva- Live Required Required Clans & hei.glat Required Required 'Ipecification grade Not required Required PROHIBITED UPr,.C1f'S, In addition I;o 1~,rahibf Led defertu listed in the ASA 3p©ci- icutionr7 Uj,l. l9~iE3 i;itl.ocl "American Standard E31,ecifications and Dimensions for Stood Poles" under Paragraph "2.2 Prohibiter) .Defects", any evidence of decay such au softness of the wc7od f,Lbern,, sponginesn or brownish discoloration, even though there are no definite areau of breakdown in the wood fiber, shall be cause for rejection, 1 3 E, A :iUNYNG, Wiero poles are air noasoned poles shall. be )eanonod in accordance wit. l)aragraphu 1,3,11 to 1,31.6 of AVIVA Standard 141, lal;eni revisi.un there( Wi;erc conditldning iu performed In the troatlng cylinder thin shall be acn„om- p11ehed in accordance with Paragraph 1,33 of AW11A ;standard Cl, lateet revioi.on thereof, Seasoning shall be continued until enough moi sture it; removed to per- mit the upoeified depth of penetration of the preservative, TRVATI4LM All polon shall be given a full length prossuro treatment of five perrcent solut.iorr of pe►tl;ac ltlornpheno3., (DNNTON) TEXAS - NO, 3103 ) ((TRANSMISSION LINE, POLHO - E,40A) DH-~ lietention of this preservative 511a.11 be ten (10) pounds her cubic foot: of rive (5) per conf; solution or 0,5 pound per cubic foot c)V poll tachlorophenol as measured by the lime ignition assay method outlined In AWPA Standard A5, Penetration of this preservative shall, be to a minirourn dopth of one inch. If penetration is Less than one inch, 100 per cent of the napwood must be treated; if penetration is leas thein 1-5/8 inches, 85 per cent of the sapwood must be treated. INSURED WARAANW. All poles furnished shall, in addition to the standard one- year warranty, be warranted against rot, decay, or insect damages occurring in any degree within eleven years from the da.to of treatment. The face brand on these poles shall. carry the marking 1114!" dosIgnating the pole as an "Insured Warranted" pole, The warranty furnished by the supplier sha.l.l contain as a minimum the following provisions; "If within eleven years after treatment, any warranted pole shall sustain decay, rot, or insect damage, the supplier shall reimburse the purchaser, within thirty days after determination of loss as covered herein, the cost or replacement of such pole subject to the following .lltnits: * $150 for each warranted pole, 115 f oo L ahd under * $350 for each warranted pole, 50 foot and over "'!'ho cost of replacement shall. include but not be 11 . iced to ma- torial and Installation coal; of a, now pole, the cost of removal of the warranted pole, the cost of transfer of equipment Trom the warranted pole to the new ,pole, and associated transportation cost and overhead in accordance with normal. accowiti.ng procedure. "'Ibis warranty sha.ll run in favor of the original purchaser Of the warranted poles or Its annigne:es, "This warranty shall not apply to decry, rot or insect damage caused by or rooWting from any of tho following cuus-•., beyond the control of the supplier occurring after delivery of the warranted poles to the purchaser for inotall.ation or a13s.i0rne- of the purchaser: Woodpecker damage Impropor storago Fi re Tampering Alteration other than required by normal practise An accident caused in transit or resulting from sudden occurrences of natural, forces, including but not limited to flood, lightning, windstorm or sleet, Xlievired for contract to reflect standard warranty (DENTON) 'I'I+1XA;6 - NO. 31.03 ) (111RANS14M)ION LINE POLES - L-1WA) U,~~3 "TIiia warranty ahall not apply to any warrarn6ad i,ulr; o!' which Ulo Identification }3ar> been altered, affa-,ed or rcrru,ved,', llidders shall tneludc a eampl-~ copy of Lhe ineurur3, warranty thoy propooe to furnl.r3h with their bids. (ULN4bN1) ThAli:) - NO. 3103 (THANE3IUSS20N LINL POLL - 1l,;-40AA n:l-b