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1959
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DENTON, TEXAS WATER WORKS IMPROVEMENTS 1959 WATER SUPPLY LINE TO STATE SC}IOOL FOR CHILDREN SPECIFICATIONS AND CONTRACT DOCUMENTS Jaok Bryson Mayor Commiseionere Raymond Pitts Thomas E, Noel Frank Barrow As B, Swenson Charles C, Orr, Jr, Robert Co Courtney City Engineer FREESE AND NICHOLS Connulti.ng Engineers 1JENTONO TEXAS WATER WOM IMPROVEMENT3 WATER SUPPLY LINE To STATE SCHOOL FOR CHILDREN Hilo to be Opened 10100 A0M0, Jan. 21, 1959 A_~tiDtkl N0. 1 The following ohanges and/or additions shall be we to the Specifications for this Projeot0 136 CAST IRAN PtP$ AND FITTINOB Add the followings ~i OTIMA The oast iron pipe for this project shall be designed or bn ng using oalked lead, mechanical joints and 'or slip-on oints similar and equal to "Hell Tits", as wAde by bone Star Steel Of Joints for fittings shall be made using lead as herein specified. 16. ?IPE 1AYr02 In Item 16►8 pips Laying, Sub„item (g) Laying Concrete Cylinder Piper omit the followings "The exterior joint shall be lillod 4000006 cured to prevent drying out," Add the following paragraph for the exterior joints "The exterior joint shall be mouse by placing a cloth joint wrapper, around the pipe which will be held in place with two Atrands of wire, The sloth wrapper shall be 7" wide and hemmed on each side so that the wire "ties" may be inserted to hold the strapper in plaee6 The oloth shall be of such length that it will encircle the pipe, leaving enough opening between the ends to allow the mortar to be poured inside the diaper. The diaper shall bo securely fastened before the point in poured6 The grout used-for pouring the joint shall oorwist of one part Portland Cement to'two parts of olean, fine s ) sand, and mixed to the consistency of thick oreame The joint shall bs filled with this grout from one side in one continuous operation until the grout has flowed entirely around the pips6 During the filling of the Joint, it shall be nodded with flexible wiro to settle the grout." 24. =ME- 1 AND T t0~ Pine p`itti M-1 Main line fittings shall not inolude the tapping sleeve and tapping valve where this projeot begins. The tapping sleeve and tapping valve shall be included in the item for out-in and oonneotion. (a) pit RuM 0 ravel4 Measurement for pit run gravel and oonorote oradle shall bu based upon the quantities shown on the drawingst For additional qquantitieg, above the spriAg-line of the pipe, the width to be 'used for estimating quantities shall be the inside diweter of the pipe plus 16 inches' MISS AND NICHOLS CONSULTINp ENOIMM 407 DANCIOER BmDuo FORT WORTH 2, TEXAS JANUARY 9► 1959 DENTONt TEXAS WATER WORKS IMPROVEMENTS wam SUPPLY 'LINO TO STATE SCHOOL FOR CHILDREN SPECIFICATIONS AND CONTRACT DOCUMENT'S INDEX Paxe INVITATION FOR }SIDS a INFORHA:fiION FOR BIDDERS b LABOR CLASS AND MIN. WAGE SCALE f PROPOSAL g CONTRACT AGREEMENT 1 BOND 3 GENERAL CONDITIONS OF AGREEMENT 5 DETAIL SPECIFICATIONS 1, General 21 2, I'nvestigeAion of Conditions 21 3. Rights-of-Way 21 4, Clearing and Grubbing 22 5, Cover 22 6, Fences 22 7. Location 22 8. Ingress and Egress 22 9, Time of Completion 22 10. Water for Conotruation 23 11, Water for Testing 23 12. Design Pressure and Loads 23 13, Cast Iron Pipe and Fittings 24 14, Asbostoa-Cement Pipo and Fittings 26 15, Concrete Cylinder Pipe and Fittings 27 16. Pipe Laying 29 17, Gate Valves and Valve Boxes 38 18, Conorote for Blocking and Cradle 38 19, Wet Connection 39 20. Pavement Cut and Replacement 39 2,1. Tape 39 22, Outlets 39 23. U. S. Hwy, 77 Crossing 39 24. Hydrostatic Tests 41 251 Sterilization of Lines 42 26. Cleanup 42 274 Guarantee 42 28. Lawns, Shrubs and Trees 42 296 Measurement and Payment 44 INVITATION Fd BIDS Sealed proposals addressed to Wilbur Buttrill, City Secretary City Hall. Denton, Texas for furnishing and installing of all materials and equipment necessary for the oonstruotion of. Water Works Improvements, Water Supply Line to State School for Children, will be received until: 10:00 As M, / January 21, 1959 at which time and place tho proposals will be publicly opened and read aloud, Any bid received after closing time will be returned unopened. Copies of plans, specifications and Contract Documents are on file and may be examined without charge in the office of the City Engineer. Copies may be procured from Freese and Niohols, Consulting Engineer 407 Danoiger Building, Fort Worth, Texas upon a deposit of $15.00 as a guarantee of the safe return of the Contract Documents, The full amount of this deposit will be returned to each bidder upon the return of the Documents in good condition not later than seven (7) days after bid opening date. A oashier's ohook, certified check or acceptable bidder's bond, payable to the City of Denton, Texas in an amount not less than five (5%) per cent of the bid submitted must accompany each bid as a guarantee that, if awarded the contract, the Bidder will, within tan (10) days of award of oontraot, enter into a contract and execute a bond on the forms provided in the Contract Doouments. A performance bond in amount of not less than one hundred (1000 per, cent of the oontraot price, conditioned upon the faithful performanoe of the contract and upon payment of all persons supplying labor or furnishing materials, will, be requirod. In case of ambiguity or lack df clearness in stating proposal prices, the City of Denton, Texas reserves the right to adopt the most advantageous construction thereof, onto reject any or all bids, and waive formalities, No bid may be withdrawn within thirty (30) days after date on which bids are opened# CITY OF DENPON, TEXAS WILBM BUTTRILL City Secretary a I OMION FOR BIDA,Eaq Bids shall be made on the blank form attached and the complete doou,. ments and plans shall be returned with the bids, Bids not so made will be considered out of form. 2, BIDDER}S_KNOWLE E OF COi3Tx0S Prior to submission of a proposal, the Biddur shall have made a thorough examination of the site of the work and of the plane and specifioations, and shall become informed as to the location and nature of the proposed oonetruotion; labor oonditiono; and all other matters that may affect the coat and time of completion of the work upon which he bids. F,aoh proposal must be accompanied by a certified check or acceptable bid bond in an amount equal to at least five (50 percent of the amount bid as a guarantee that, if awarded a contract, the bidder will execute such contract within ten (10) days in the form hereto attached and make bond of 100 of the contract price, 4. BONA With the execution and delivery of the Contract Documents the Cony. tractor shall furnish bond, or bonds, in the full amount of the Oontraot executed by an approved surety company authorized to do business in the State of Texas) and acceptable according to the latest list of companies holding Certificates of Authority from the Secretary of the Treasury of the United States of America, The Contractor shall arrange to have the performance bond extended for a period of six months after the date of written aoceptoice of the work by the Owner, to cover the gua.ranteo as set forth in the documents, 5, IEMPMATION OF 2UOTFA PRICF3 Zn case in a proposal theiamount ostated in writtentwords will and considered figures the bid, The unit price figures shall be assumed as being correct in case of discrepancy in bide, 6, mTFRPRBTATZON O -$PSCIFrCA NS ecifica ion will be by A dendumswhichaws to ill be8sentntoall who have beentfurnished withsthe proposed Contract Documents and planss b Attention tahanetheogethe fact that neral prevailing there rate must of wages d which this been adopted by the Owner, PA E S The Contractor shall. pay all patent fees, license fees and royalties for the use of equipment or processes in the manufacture and use of the material on this work and shall, hold the Owner free from any liability Vor the payment for the use of any patents in connection with the work. 9, TEM In addition to the tests called for in the Specifications, bhe Owner may have tests made of pipe and materials for conformity with the Speci., fioations by an Independent Testing Laboratory. Such independent labor. atory will be selected and paid by the Owner, The Owner may require the Contractor to furnish mill test certificates on reinforcing steel or wire, oast iron pipe and fittings, and cement. For the purpose of determining safe trench load, the Owner reserves the right to require, at its expense, external crushing load teats made in conformity with ASTM Specifications or other standard and aooeptsd procedure. ` 10, CAE OF LOC" _ ATTON No change in the alignment is contemplated. Howevr,r, should a change be necessary due to difficulty in obtaining right-of-way ov. for other reaeont the will Owner reserves prsuch ices changes for Amatesuch rials actually installed, Its UNCLASSIFIED EXCAVATION Excavation will be unolassified. 12. TIME OF COMPLETION Bidder shall state his time of completion in the appropriate blank in the Proposal. In comparing bide, time of completion is important and shall be considered by the Owner, The Owner desires that this work be substantially complete not later than March 1, 19591 however, later completion dates will be considered. 13. OVABIS4H OF B11W,, The Owner reserves the right to award the contract based on its decision as to the beat bid, all factors oonsidered, 0 14. P NTs Payments will be as net forth in the General Conditions of the Agreement. 156 PA,RR_REPLACEMENT The Contractor will be required to replace all street surfacing, and base material, and baokfill all trenches as detailed in the speoifications. 16* AU-ERNATE BIDS The Contractor may bid on the use of Aabestos-Cement pipe or Concrete Cylipder pip9 as alternates for Cast Iron pipe. The Owner reserves the right to award the Contract for either Cast Iron, AebestoamCement or Concrete Cylinder pipe (12" or 1411) based upon the Owners decision. The Contractor shall enter the actual inside diameter of the pipe in the space provided in the Proposal. The actual inside diameter will be considered in awarding, the Contraot. 17. LIQUIDATED DAM EQ Liquidated damages for delay of oonetruotion, Section 41, Page 16, shall be Fifty Dollars ($5000) per day. 18. MATMIALS These specifications are intended to be so written that only materials of the best quality and grade will be furnished The fact that the speoi- fications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and protecting them adequately until incorporation in the struoture, The specifications for materials set out the minimum standard of quality which the Owner believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permisaion of the Engineer to make a substitution for the material which has been specified. Where the term "or equal", "or approved equal", is used it is under,. stood that if a material, product or piece of equipment bearing the name so used is furnished it will be approvable as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the Owner. If a product of any other name is proposed for use, the Engineers approval thereof must be obtained before the proposed substi- tute is procured by the Contractor, Wherever the term "or equal" is used it is understood to mean "or approved equal". d 19. ( ,N IP These specifications contain detail instructions and descriptions covering the major items of construction and workmanship necessary for building and oomoleting the various units or elements o^ the project. The speoificatione are intended to be so written that only first class workmanship and finish of the best grade and quality will result. The fact that these specifications may fail to be no complete e,e to cover all details will not relieve the Contractor of full responsibility for providing a completed project of high quality, first class finish and appearance end satisfactory for operation, all within the apparent intent of the plans and specifications. 20. P V All pipe, valves, Fittings, etao shall meet the requirements of Underwriters Laboratories, Ino., and shall be acceptable to the National Board of Fire Underwriters. e Y LAPPR _CLA391Fz ATION MIHIMUMA AGZSCAL There shall be paid each laborer and mechanic of the Contraotor or Sub-Contractor engaged in work on the projeot under this oontraot in the trade or 00oupation listed below, not lees +-h an the hourly wage rates set opposite the same, regardless of any oontraotual relationship which may be alleged to exist. between the Contractor or any Sub-Contractor and such laborer and mechanio= CLASSIFICATION RATE PER HOUR Maohine Operatorsi Air Compressor $ 1.65 Blade Graders 1090 Bulldozers 1090 Cranef Derriako Dragline 2000 Hoist 1065 Concrete Mixer (10S and smaller) 1490 Loader 1.90 Trenching Maohine 1090 Mechanic 1.65 Carpenter 2000 Welder 1090 Manhole Builder 1.65 Truck Drivers 11T & Lose 1 35 Truck Driver, Over VT 1055 Oiler 1P35 Working Foreman 2620 Batterboard Setter 1035 Shorer Mortar Mixer 1,35 Fine Crader 1035 Laborer 1000 Watchman 1000 Water Boy 1000 Pipe Layer 1,35 Joint Worker Kettleman 195 Contractor shall comply with all State and Federal laws applicable to such work. The above are minimum rates. Bidders shall base their bids on rates they expeot to pay if in excess of those listed. The Owner, will not con- eider claims for extra payment to the Contractor on account of payment of wages higher than those specified above. f PROPOSAL WATE SUPPLY LINE STATE SCHOOL FOR CHILDREN Dentonr Texas January 21r 1959 PROPOSAL OF~ [,X-CuN VULI'1'X Cute'VIUCTORS, U(". a corporation organized and existing under the laws of the State of PJIXAS `r a partnership consisting of an individual trading as TO THE CITY OF DENTON, TEXAS The undersigned hereby proposes to furnish all labor, materials, and equipment, and perform all 'work for the construction of water feeder main to State School for Children in acocr,danco with the Cbntract Doouments for the following prices, complete in place, to wits ITEM ESTIMATED UNIT PRICE TOTAL . KO* UANTITY DESCRIPTION 4URES,) (FIC}URE~~ Is 748t45 ID As 10 -Inoh-Ga-at- Iron Pipe 1s L, 12 " Cast Iron Piper Class 1509 with joints $ 2, ,174 L~F'. 10 0 t Iron Piper Class 1 A with ,,,,,,,loin $.~..._.r~ 3• 1 L*S, U. s. Hwy* C ring complete, 3.2.Inoh C. .PSpe;-w"h,'DellTite" or si r jOihto 4o Lot L,Sr Line Fittings and Tape hr, • / Air Releaser complete 5• Ea, Connection and Cut-In at existing 20" Piper oomplete, including Saddle and Trapping Valve g ITEM ESTIMATED -N4' QUANTZT _ DESCRIPTION LFI PRICE TOTAL FIG E (FZOURES) 6, 2 Ea, 12..Inoh Gate Valves and C,I, Valve Boxes, oomplote in place $A~YWY 7, Ea. 10-Inoh Oate Valves and C►I, Valve Boxes, complete in place 8, 8 Co , Concrete for blocking and cradle $ 94 50 Cs Y\* Gravel for embedment and baokfill TOTAL - ITEMS 1.9 B, " p l1, 14,624 L,F, 12 Cast Iron Pipe, Class 1 , with joints $ l2► 1 L,B, U,S,H 77 Crossing, mplete, 12" C.x► Pipe, with ' ell Tito" type or s milar jo is $ 19, Lot L,,se Mainline Fit and Tape for Air Release, late $ 14, 1 Ea, Cut-In and onneo ion to existing 20,Inoh P ,comp eta, including saddle d tapping Iva $ 154 4 Ea, 12" to Valves and Ca t Iron Bo of complete in plaoe $ 16, 8 C,Y, onarete for blocking and Cradles $~Y",,, 17, 50 C,Y4 Gravel for Embedment and baokf ill TOTAL . ITEMS 11»17 $ III T . AsIxESTOL-OggNT elpx A, 1211 _ and 10" Sizes 1. 8,450 L,F, 1211 Asbestos-Cement Pipe, Class 150 $ h 414 ESTIMATED UNIT PRICE TOTAL Q"UA CZY DESCRIPTIQN FI u YO 22. 6,174 L,F, 10" Asbestos-Cement Pipe, Class 150 230 1 L. Ue$e Hwy. 77 Crossing, complete, 12" Cast Iron Pipe, with "Bell Tite" or Similar joints $ 244 Lot L.S. Main Line Fittings and Tape for r Release, oomplete $ 25c l Ea. Cut.I and Connection at exist 20" Pip complete, inoludin Saddle, a Tapping Valve 26, 2 Eae 12" Oate Va s and Ca Iron Valve Boxes, o Imt in place $ 270 2 Eae 10" Gate Valves Cast Iron Valve Boxes, a 1 to in place $ $ 280 8 COYe Concrete fo blocking nd cradle $ $ 296 800 C.Y. Gravel f r embodment and baokfill TOTAL-ITEMS 21 29 $ Be l 311 140624 LeF. 2" Asbestos-Cement Pipe, class 150 32, 1 L.S. V, S, Hwy. 77 Crossing, complete, 12" COI. Pipe with "Bell Tite" type joints $ 330 Lot L„8 Main Line Fittings and Taps for Air Release, complete $ 340 Eae Cut-In and Connection at existing W 20" Pipe, oomplete, including saddle and Tapping Valvo $ 3 . 4 E 12" Gate Valves and Cast Iron Valve Boxes, complete in place $ $ i ITEM ESTIMATED UNIT PRICE TOTAL UANTITY DESCRIPTION F URES F IO 3 C.Y.v Concrete for Blocking Cradla--$r $ 37, 850 C.Yj-Embedment_as~d-BaekfiZl TOTAL - ITEMS 31-37 III. ALTERNATE CONORETF NDER P1118 10 14►624 L.F. 12" Concrete Cylinder Pipe, oomplete in plane, Class 150 42, 1 L,S, U. 9. Highway 77 Crossing, complete, 12" C.I. Pipe with 'tell Tito" type joints $ 43• Lot L. Main Line Fittings an,,t Tap Air Release, oomplete~ $ 44. 1 Ea. Cu and Conn ion at existing 20" Pipe► eta, including Saddle a T ing Valve $ 45• 4 Ea. 12" ate Valves Cast Iron ve Boxes, oompletfl plaoo $ W 46. 9 COY, Concrete for Blocking and Cradle goo C,Y, Gravel for embedment and baokfill $ 20 Ea. Servioe Tape and Plugs, 2" Size $ Mnm- TEMS 41.4E D, 14„4'! Diameter ,Pipe - 51, 140624 L,F, 14" Concrete Cylinder Pipe, complete in place, Class 150 $ 4.6o $ 6712'/Oo 4o 52, 1 L.S. U, S, Hwy 77 Crossing, complete 1211 C.I, Pipe with 'tell Tite" Type ,joints $ L'2,j .00 536 Lot L.S, Main Line Fittings and Tape for Air Release, oomplete $ 39:,90,00 . 54• 1 Ea. Cut-In and Connection at existing 20" Pipe, complete, including Saddle and Tapping valve $16o0o~ 55. 4 Ea. 12" Gate valves, C, I. Boxes in. eluding adapters, complete in place $ 72_`_ $ 900.00 56, 10 C.Y. Concrete for blocking and cradle $ 20.00 $ 200.00 57. 900 C.Y, Gravel for embedment and baokfill $ 35~t $ 3,150.00 58 20 Ea. Service Taps and Plugs, 2" Size x.00 $ 100.00 TOTAL _ ITEMS 51.58 $_7_61 145,40 TOTAL AMOUNTS BID, i+kBBID CAST MON PIPE A. 1 "and 10" Size terns 1~9) B. 12 ze ( 1117) Ii, ALTERN AS -CEMENT PIPE A• "and 10" Sizes ?,1..29) 12" Size (items ~1~~7) III. CONCRETE CYLINDER PIPE 'A"'-~2u ~#e~mAter --..tom) $ Do 14" Diameter (Items 51.56 , ~ " J~a-7{~--~- The undersigned proposes to furnish and install pipe as manufactured by the following firm, or firms, as follows, Actual - Firm ~.,..._..,~.r.. J'n ids Di~etre„r„ CAM' ZON PIPE1 of No 1 Dia. 12 urinal 'Dina , ASBEST~CEMCNT E ~ 10" Nominal. 12" Nominal Dia , CONCRETE OYLINDEn PIPE 1)," Nominal Dia. Oit crd-''i1lrngr ~cttz ~t~tppr The undersigned hereby cluo"l.arik.9 he has carefully examined the Contract Documents relating to the work novored by the above bid. k ~~u Upon receipt of notice of the acceptance of this bid, we will execute the formal contract attached within tan days, and will deliver a Surety Bond for the faithful performance of this Contraot. The bid security attached, ' V Of Did ( ) is to beoome the property of the City of Denton, Texas, in the event the Contraot and Bond are not executed within the time set forth above, as liquidated damaged for the delay and additional work caused thereby. The undersigned further declaroa that he will provide all necessary tools and apparatus; do all the work and furnish all of the materials and do everything required to carry out the above trr,ationed work covered by thin proposal in etriot accordance with the Contract Documents, and the require- ments pertaining thereto, for the sums set forth above, The undersigned agrees to commence work within ten (10) days after written notice to oommenoe work and to substantially complete the work on which he has bid in C_,.„ pcalendar days, The undersigned acknowledges receipt, of the following addenda$ ~Addendum t"I No P; Duruictt Respeotfully submitted, TEX-CON U'1'7TAVY CONTRACTORS, INC. By ?_G So. Ur.rhmd Ave. Oavland, Toxv.s (SF,AL) T Bidder a Corporation Bus neea Address Complete Notes DQ not detach bid form from other documents. Fill in with Ink and submit complete with attached papers. l CONTRACT AOREEMENT STATE OF TEXAS ¢ COUNTY Or Dontun ¢ THIS AORE6MENT, made and entered into this ~~Iday of. A. D., 19,4, by and between The C~I ,y of bonturj of the County of 1)ePttu' and State of Texas, acting through ity IIlycr thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and 'l'ox-Con Utility Contraotc,ra, lno. ti of the City of l.~~rlaixl County of I)all,,Iq and State of l'oxarj , Party of the Second Part, hereinafter termed CONTRACTOR, WITNESSEM That for Ind in consideration of the payments and agreements hereinafter mentione,l, to be made and performed by the party of the First Part (OWNER), and under the conditions expressed in the bond bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to oommenoe and complete the construction of certain improvements des- oribed as follows 'rrai or Supply Lin(", to Stay(" s'olinol. Tor Childron 1 4-15-55 SAN and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement; and at his (or their) own proper coat and expense to furnish all the mateeial s, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said con- struction, in accordance with the conditions and prices stated in the proposal attached hereto, and in accordance with all the General Conditions of the, Agreement, and in accordance with the plans, which includes all maps, plata, blue prints, and other drawings and printed or written explanmtory matter thereof, and the Specifications therefor, as prepared by FREESE AND NICHO'LS herain entitled the ENGINEER, each of which has been identified by the endorsement of the CONTRACTOR and the ENGINEER thereon, together with the CONTRACPOROS written Proposal, the General Conditions of the Agreement, and the Construction Bond hereto attached= all, of which are made a part hereof and collectively evidence and Constitute the entire contract, The CONTRACTOR hereby agrees to commence work within ten (10) days after, the date written notice to do so shall have been i en to him, and to substantially complete said work within 60 ~lYendar day,i after the date established in the written notice to a0 me c ork, The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in aooordanoe with the Proposal submitted therefor, subject to additions and deductions, as provided in the General Conditions of the Agreement, and to make payments on account thereof as provided therein, IN WITNESS WHEREOF= The parties to these presents have executed this Agreement in duplicate in the year and date first above writton, E CUY OF DENTON ON A77Z TI 6y J"of4the Fir t par MMR Witnesses) / (SEAL) T X-COA VPILI"Y IlPItAC'I'DIIy lIdG, f sy..~1 Party of the Socond Part 0 'T RACTOR} J~k (S)UL ) 2 4,.15 -55 B 0 N D STATE OF TEXAS COUNTY OF DEMON KNOW ALL MEN BY THESE PRESENTSi That we, Tox-Con Uti'li.Ly Contractors, Inc. , of the City of Oarlarkt County of Dallas and State of Texas hereinafter called the PRINCIPAL, and l'odory-1. Ino-zuranoo Comna.ny of Now 'Cork hereinafter called SURETY, authorized under the laws of the State of Texas to act as Surety on bonds for Principals, are held and firmly bound unto the C~iLy of DonLon 'Pexas `mar hereinafter called OWNEk, and to the subcontractors, workmen, laborers, mechanics and furnishers of material, as their interest may appear, all of whom shall have the right to sue ' upon this bond in the penal sum of Joverity-•Six 'thousand orlo Hundrod Forty..101vo and 10 i.00 - _ ($__Z6 ,1~a~.1~0 ) Dollars, lawful currency of the United States of America, for the pay- ment of which, well and truly to be made, wo do hereby bind ourselves, our heirs, eNecutors, administrators, and suocessors, Jointly and severally and firmly by these presentsi THE CONDITION OF THIS BOND 5 SUCH THAT WHEREAS, The above bounden PRINCIPAL has on the day of 0 k-_ lgd4, entered into a contraot with the OWNER for furnishing a materials, equipment, labor, supervision, and other aocessories necessary for the construction of certain improvements, as more particularly designated in said Agreement and Specifications hereto attached. NOW, THEREFORE, if the above bounden PRINCIPAL shall and will faithfully perform said Agreement, and shall and will in all respects duly and faithfully observe and perform all and singular the covenants, conditions, and agreements in and by said contract agreed and coven.. anted by the said PRINCIPAL to be observed and performed, and according to the true intent and meaning of said Agreement and the Plans and Speoifications hereto annexed, and as well during any period of exten- sion of said contract that may be granted on the part of the OWNER, as during the original term of same, and shall well and truly pay all sub. contractors, workmen, laborers, mechanics and furnishors of materials all moneys to them owing by said PRINCIPAL for sub-contracts, work, labor, and material done and furnished for the construction of such improvements for said OWNER, then this obligation shall be and become a 4-15..55 null and void; otherxiJe to remain in full force and effect, IN WITNESS WHEREOF, the 'said PRINCIPAL has hereunto set his hand, and said SURETY has caused these pres%,mts to be executed by its duly authorized agent and officer, and its corporate seal to be hereunto affixed at DU11L011 TOMS our this the day of ~ 19 PRINCIPAL: WITNESSESi y/ TEX-CON U'1'ILL'tTY UUNTRACTOR51 INC, IMNSS S3 sUREM FA IMRAL ,cPl: 1kn NGE C01,YANY, ~ ~ rXxtrrru xaabKRf A77'UktaEYaM-FA (SaAL) J 4 4-15-55 Cerrlfied Copy ot POWER OF ATTORNEY 3KII11 U 011 JHVII 119 tiger Vre11rrlfn, That the FEDERAL INSURAN010, COMPANY, 90 John Street, Now York, Now York, n Noty Jor"ov corporation, he" constituted and appoltitod, raid does heroby constitute and appolnt Harry 1. Maxson, John 6. Vkaxson, George WP Massie and K, Kenneth Mahoney of Dullasr Texas - It. , - m r . . _ „ - _ „ _ . y M Y Pi Y, iP V 61 1 ,P ry r r r r d oignation In its nento land to Jx Its corporato metal to and deliver for and on Its behalf its surety thereon uriordor such while, bonds of either of the following classes, to.wit: other- l: Bonds on behalf of contractors In connection with bids, proposals or contracts to or with the United Stater of America, any State or political subdlvlrion thereof or any person, firm or corporatton, 2, S;rraty I3ot)dfl to the United States of America or any aganay thereof, {rwluding those required or permitted under the law" or regulutions rebating to Curtomfl or ]sternal Itovonuoi Pilo and 1'1rrilt arttd rmitp~ na~yy r pthpr Indemnity bonds under the laws, ordinances or rogulatlonr of any Stiltbj'pity~; ean r y1 8r btltet body or orgnnl~ntlon, public or private; bonds to Transpportation Companies,hLost inetrumont bonde, bonds, Lease botlds Wolkrneu'a Compensrt{yyn bonds Aligggg~ }}an9NU" purely Irondr aqd bos on bohalt.4f t, Lease S>~erl~s, Uc~(ity,S,jrotltt'a Gad aliitllar p4~lio oSloliala, , 3, Dondm and Ilndnrtakip~a ry~ µllreel ar permitted by ]aw to be Ghee or filed in Gay sulk, muttdr or ptbcledth fn any Court of the Unitcrl Stales, or any State or other Court) or givQrt to r filed with an Sheri or Magistrate wlthhi ally sate; fJl the dubak or rlht dAlHg o['ahrthln~ eplafflid f In which the pepaity of the bond ~r l~phl'Ity inaurrfd tinder such undertgk, n "u )Bond or >nrsklegi g~ ~p~'~ r~~f S~:WPfPf; ~ p to Fldualarq,Ilos►da fhe ru DoU ne oft ~ r`i ri 1 and'>Kth Eel~lat'tb A!1 ethdt<ty e ~ r7lt Hdn ~t~rttlfi biA"I~ ! I, I i00 Uollaq_S(~rr~• I };•n ;}I'LI / r y,:f~'hqurwtid rr,w M i1 r r ,,~~yy~~,,~~ nr( irlr :11 •.q i i~uir inn ..r i; i' i III ttltr b'~IEkt°CM, the "aid FEDERAL INBURANOB COMPANY has, pur0iight'46' Its ByLawr, caused theiie'ptemil tla to be elrned by Ill V'leoPmNdent aril llOryt~y, mindr)IU rddrddritb"dol'ilo 11AUrato aSized this 219tI t~rf Y10 r l r. ) ~~t~4 1 at r L. , , I.,,Qgg I,rl f f il: 'lgir .Et-; PSDRUL INGURANOIll COMPANY Y iq [I it j ~~y~yyyy ri 1 :fE E, rr i;1 A,1 ry, ! r, ~r.rlCu . W:, it irh r e r r JI'I , k'redorlck C, Gardner HTATPI OF NNW YORK ~ Arrirlant Sd&staly County, of *w York, sat On this 21st day oNovebnbex 19 55' before mo pormolrally came Frederick C, Gardner, to ino ktrown and by rue known to be As"{"tant Heerotnrty of the VEDERAI, INHURANON COTiPANY, the car. oration described In and wlitch uxecutcr' the foregoing Rower of Attorney and the said Nredorlek C, Curthtor a)cing by nio duly sworn, did depoflo nr) fly that ho rasldafl In the ('It of New York Ill the SInta of Now York; lhnt ho is Aaelmtnnt Secretary of the L'1;DI'A14 INSURANG'14 COMPANY and knowP tha corpornto aoaI thorcofI foro wer of A I~y oflthe lly L awn of mind Company and that hotnirgne I G18 eld t lllowert orfitAttotrnoynd asvA"P stolitr S41 e ecretary oauthor- (,oh)party by like authority; that i;a is acquainted with 'i'kon, It. [bow and know" him to be Vice. 1'rosidOnt. of said Coln )ally, and that tho Agnnture of meld Thos, It, Dow "uhflarlbed to Paid llownr of Attorney Is In the ganulno hand. writing of said Thom It, Dow and wall thereto subscribed by authority of aald 1lyLawa on)1 In deponent's predonco, ttlllllllffl/1//j Aakrowledged and Swann to be/orr into C or the date abqce wrllte+t. y4q ~ / * V1 e ~.t,{I ~ aUBL~G 0ADOROTHY U. WINTt,RS Notary Pubfte ~~ryfAfffllllllittpt~~~ Notary PNe'a1j1 97 991UN Xo: guaUfledIn New York County t'f:r,., irro:r Uomlabulon Expires March 89 ,19 11577 Ucr,U r' 1 ' ' sill h 66* .~NIi` C.U`U III'. Qk` NA X71, YWAK,I swr•. I, 'the undcAlincvl, AWMAant Seeretnry 'of the" f #Di1ir12AL INISUttANCI~I `COItifPA~I'Y, ' do'!horebp certify that tho following is a true excerpt from the 11y-Ld R of anid Compeity an adeliieci by its boatc~ oS`kifrectora owMareh Up 1953, and that the sathe''baa tkot'since been! amenditA ov reseiddedi to•ivlt[ ! h. •~;I I`A X4 1~, lX, ly J7C~UTION; u> Poi.Ac]146, 'iio~ DBO',k XJ. NI'lsoiIat uhae A,kI e$m d'e ii,4101te cc Altbkn ('IndIOE er'Iiie(rikr e'iItn 161h t 1fian as ' ` 11; ~!b Xal~)aad da behalf of tile Corny V + I . S tl o c, ,ay,laiv ovIte tharter W meat;~,l t H ble p~nd shall be oxeauiad Iu the 4 ,A yla~~ , 1~A ;,pf 0 Inpahy i9io1r .(1) pY 4{~ Presldent,' or alWo lrt~tWelit$ 61 stn Aeslntant Vice President, jointly with its Sucretaryt or anti r Assistant Scoretary, under their rospectivo deelgnatiotis, or (2) by Cinlp~ dk , Jklana>Ferdr .,,vr I ,:I ;-4f5~Pttr~f8~itli <,t~ P7it`~tltt'I ,k f'~f{i'~"7 hlr nit ,tfl'1Yir( 1Q uig'llllDti~ Ifi >,t+,. ,.t. 'tc w.t oy„y~ sl~tAT,A~S tw4, s- ~Qw flttaruortin,tvatuarr~ktornrYws ta+~t,dTl+knlRted,,t f ,,.t,,,•t In any resolution of the Board of lreetors or Fxcoutive Commlttue adopted oitttor More or after the making of this 4y-Law, o In any power of iittortpgy,aWcutod as provlddCl'tor 1n,t p "I'I} aeotlsIIom "i 10thu hid~ylGkUbli'&''Hon, Alanagers, may execute in the mnnnor prescribed in ouch rceolutlou or powor of nttornoy,,oF authority any such bond, undertaking or othur obligation which he or they shalt be empowered to exeouto by such resolution or power of attorney y authorizationit' e nd I further certify t~ I avo compared thu forgoing copy of the POWER OF ATT61tkl Y ~fltb"Else ~ripiripi thorynf an4 { name lisla 4roct and true copy of the whole of said orlginul 1'0wir et At .07 and (3!# d ct Ne ; old Power f Attornl~y haditot en Yavoked. Alld,.~, tyt •uieWV that said I'FIDBRAL INSURANCII COM11ANY [it du)y Lice" to ~yt(~ly fidelity aria suraty 'uniness in each of the Htatas of tho United States and Is also duly licensed"to,beeenw soli durety on bonds, under kingst etc:, pormittad or requlred by the lawo of the United Htateo, ' lIrrnd sly head and tha strut olf bald Wsnlsinp at New York, N. Y,, this.....,. ~tt . .day of qij, !'I t.r b- 41 5 4 r , t j1 t l r `,t ,'r, silt t' 'i:~ r 'tart r l' Li Vu oj):AI','Ig4 •'Sy3,t trf: ilpritu's tli'r ' GENERAL CONDITIONS OF THE AGREEMENT 1. Omer.- Whenever the word OWNER, or the expression Party of the First Part, or First Party, are used in this 2ontraot, it shall be understood as referring to the Party of the .F'irat`Part as identified in the preceding Contract Agreement, 2. Gontractor,w VRienever the IwOrd CONTRACTOR, or the expression Party of the Second Part, or Second Party, is used, it shall be under- stood to mean the person, persons, co-partnership or corporation, idan• ti£ied as the Party of the Second Part in the preceding Contract Agree- ment who hae.agreed to perform the work embraced in this contract, or to hislor their legal representatives, 3► Enzinear.- Whenever the word ENGINEER is used in this:oon~ tract, it shall be understood as referring to FREESE AND NICHbLs, Engin"r of,,the OWNER, or suoh,other ENO EER,. +upervisorI on inspeotor as May:,bn authorized by said OWNER to sot Jn anY. parttoular. „ . It1_tgrpreta+.I on of riP raaee...,Whenever,the words "Mre n „Requirod",. "Permitted to' Sesi atbdM Considered Ngaq.ssa Vre , sorlbedll, or words :of like i,niport ars used, f t .shall, bo understood e+ that, the direotion, requinenfentar' permission, or4er,,.de0ignation°,or pre'scriptioh of the' ENGINEER ,is intended;,.and similarly, the words °approvall', "acceptable", "'S'Ati'nfaetory!1, oil words of like import. shall mean approved by or acceptable or satisfactory to the ENGINEER. Whenever in the -specifications or drawings accompanying this Agreement, the :term: of descripticn ,of various ;qualities relative to finish, workmahship, "or other qualities of similar kind. which can- no tr °'fram their natures°be;epecifically and, clearly;deduribed and epe+bi#%eu, .butl.&Pd -deaeshuri.ty described ;in!.general :toms, the ful. fillxeh:b, nf, Which must, depend-ion ,indi.vi.dual. judgment, then in all such oases,o any question of.. the,fulfillment~of said specifications shall- be decided' by, the -ENGINNEXRq and said work shall, be done in aocordahoe'with his interpretations o£ the meaning of the words, terns, or clauses defining 'the, character of the, work.. 50 Fah bits,- All,work shall, be.done.and all materials furn- fished in strict acoordance wi.th•these Contract Documents, including Advertisement for bids or Notice to Bidders, Information for Bidders or.Instruations to Bidders,tWage Sqalo. Propoval, Contract, Agreement, Bond, General'Conditi,ons of. Lhe Agroutwnt,-Speoial, reondibions or special :Pro+ri.si_ons, Detail Specifigations, and the Plans (generally boutid separately), all of. which are hereto attached (or considered as if attached) and are hereby, made,a part of this Contract. 5 4,-15-55 6. J&eping of Plane and_ peci oationa AoceeBible,- Thu CONTRACTOR shall be furnished wit? 4 copies of all plans, specifioat:,,ns and other exhibits without expense to him, and shall keep one copy of the same con- titantly aoonssible on the work, 7 aight gf Entr The OJNER reserves theright to enter the property or location on which the ,,vxs herein contracted for are to be constructed or installed, by such agent or agents as it may elect, for the purpose of supetwistng and inspeoting the work, or for the purpose of constructing or installing such collateral work as said OWNER may desire. 8. a7uantites and Measurements." No extra or oustomary measure- ments of any kind will be allowed, but the actual length, area, solid contents, number ,and weight only shall be considered, unless otherwise speoi'fioally 0ov9:dod, 9: Lines and Qrdes; -d All lines 'and grades -shall' be furnished by the ENO;CNEER; 'Whenever neoeaseary, work shall be suepm,d.ed to permit of this work, but such suspension will be as brief as practioable and the ;WNTRAOTOR shall be allowed no extra' eom0onsatibn' therefor. -':The CONTRAOTOVrhAll give the INaINEER Ample-noti,os' of'the'-time' and+plaos where line's and grades will be needed, All Stakes, marks, etc., Shall be oarefully preserved by the 00NTRACTOR, and infoase of careless:den» truotioti or removal, by him or his employees, cudh -stakes', 'marks, : atc,', shall be' replaced by the BN0MER at the CONTRACTOR'S expenm 10, Superinteudgnce„ano Insaxoti it The OWNER will appoint such ENOINEERS,16upwtisors, or inspeoto'ra as he may deem proper, to inspect the material furnished and the work done under-thic Agreement, and to see that the said material is furnished, and said work.ie done in so- cordands with the dpeoifications therefor, The CONTRACTOR shall furnish all rdanonable aid and assistando required by the ENOINEER,-oupervisors or inspuotors for the proper inapeotian and examination of the work and all parts of the same, Tha CONTRACTOR shall regard and obey the direotk ions and ihatrunt,ions of any ENGINEERS, supelvisors, or inspeotors so appointed; 'when the some are consistent with the obligations of Chia Agreement amd the accompanying specifications, provided, however, should the CONTRAGIfOR object to any order by any subordinate engineer, supervisor, or inspector, the CONTRACTOR may withili six, (6) days make written appeal to the ENOIUFR for his decision, 11, X~,A pe.naria5ies and Niosions, - It, is the Lntient of this con. tract that all ubrk must be done end all material must be furnished in accordance with the'general acoepted praotide and in the event of any disorepahdien between the plans hnd opeoi,fiaoKtiohs, or otheMsey or in the event of any doubt as to the Meaning and intent of shy portions of the contract, specifications or plane, the ZNOIER shall define which is intended to apply to the work. 6 4-15-55 12, Col'lsteral Contracts,- The OMER will provide by separate contract or otherwise; all labor and material essential: to the cc pletion of the work that is not included in this oontraot, in such manner as not to delay its progress or damage said CONTRACTOR, 13•' Damages,,. In the event the CONTRACTOR in damaged in the course of the completion of the work by the act, neglect, omissions, mistake or dofault by the OWNER, or of the ENGINEER, or any other contractor employed by the OWNER upon tho work thareby causing loss to the CONTRACTOR, the OWNER -will:reimburso the CONTRACTOR for-such loss. In the, event the OWNER is damaged in the course of the work by the act, negligence,, omission,, mistake, or default of the CONTRACTOR; or, should the. CONTRACTOR unreasonably delay the progress of the work being done by others on the job, so as to cause losb;for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the`OWNU for such loss. 146,.I~saee from Nater~~ nei,ws.,, All loss or damage arising out of the nature of thework to be done,or from the action of the elements, or :rom any,unforeseen oircumstanoes in the prosecution of the same, of from unusual ebstruotions or diffioulties whioh gray be enoduntered in the prosecution of th*Fwork shall be sustained and borne.by the CONTRACTOR at his;~own oost and expense, 15, Estimated o+on+.~+,ioti,_ This agreement, including the spedifioaticns, -plans)and elitimate,1n intended-to show olearly'all work to be done and material to be furnished hdrounder, The eeti,- mated:'quanti.ties of the various olaesa$ of.work to be done and matsbial.to be furnished'under this oontraot aro approximate and are tolbe iised only as a basis ^fdr entimating the probable cost of the work and for dompari6k the proposals offered for the work, It is understood and agreed that the actual amount of work'to be done and material to be furnished under this contract may differ from these estimates, and that the basis :for, payment under this contract shall be the actual amount of work done and the material' furnished, The CONTRACTOR'-agrees that he will make no claim for dam.. ages, anticipated`profite or otherwise"oh'acoount of any differences which may be found between the quantities of work actually done, the material actually furnished under this contract and the estimated quantities contemplated and contained in the prbpoeall provided, how- aver that in case the actual,quariti.ty of any'item should beoume as much as 23% more, than. or,20:1ess than, the. estimated or bontemplated quantity for,auoh.items, then either party to this Agreement upon demand] shall be entitled,,to a revised;eonsideration upon;the.portion of the work,Oove-..or~bslow 25%.of the estimated:qu$ntityl such revised: consi.deration:to ;be determined by agreement between ,the, parties, other- wise!by the terms of this.Agreement, as provided under EXTRA WORK. 16. hure,.Aillg Aiter_ a~ um.- The OWNER will make such changes and alterations am ne may see fit, in the line, grade, farm, dimen- sions, plans or mnterials for the work herein oontemplatad6either 7 4-1,5„55 before or after the beginning of the construction, without affecting the validity of this contract and the aooompanyinq bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with, If they increase the amount of work, and the increased work can fairly be classi- fied ultder the specifications, such increase shall be paid for according to the quantity actually done and at the unit price established for such work under this oontraot; otherwise such additional work shall be paid for as provided under extra work, in caoa ',he OWNER shall make such changes or alterations as shall make useless ony work nlrovady done or material already furnished or used in said work, then the CANER shall recompense the CONTRACTOR for any material or labor so used, and for any actual loss occasioned by such ohange, due to actual' expenses in- ourred in preparation for the work as originally planned. 17. Extra„Wor The term -?'Extra' Work" ' as used in this contract shall be understood to mean and include all work that may be required by the $NOINSER or OWNER to be done by the CONT'RAC'TOR to aooomplish any change ,;,)Iteration or addition to the'work -shown -upon the plane ~or reasonpbly.implied by the" apsoifioations , and not covered by the CON- TRACTOR'S Proposal,, except as provided under Changes and Alterations in Paragraph 16 hereinabove. It. is agreed that the CQNTRACTOR shall perform all Extra Work under the direction ,of ,the ENOINRER when presented with a Written Work Order signed by the Engineer; subject, however, to the right of the CONTRACTOR to, require. a, written oonfirrdation of:euah $xtra Work-Order. by the OWNER. It is also agreed that the compensation to be paid the CONTRACTOR for performing said Extra Work shall be determined by one , or more.ojf the following methodst Method (A) » By agreed unit priaeal or Method (B » By agreed lump auml or Method (C) - If neither Method (A) nor Method (p) be agreed upon before the Extra Work is commenced, then the CONTRACTOR shall be paid the "actual -field, cost" of the work, plus fifteen (13%) percent. In the event.satd Extra Work be performed :and paid for under Method (0), then the provisions of this paragraph shall~appl,y and the "actual field cost" is hereby defined to include the cost of all work.. men, such as foremen, timekeepers, meohanioa,and laborers, and materials, su pplien, teams, trucks, rentals on'maahinery and equipment, for the ti As actually employed or used on auah 9Ara Work, plus actual transportation charges necessarily incurred, if the kind of equipment or machinery bo not already on the job, together with all powers fuel lubricants, water and similar operating expenses, also all necessary 8 4~ly.ss incidental expenses incurred directly on account of suoh Extra Work including social :eourit,y, old Age Benefits rind otoor payroll taxos, and, a rateable proportion of premiums on Construction and Maintenance Gonda, Public Liability and Property Damage and Workmen's Compensation, and all other insurance as may be required by any law or ordinance, or directed by the ENGINEER or OWNER, or by them agreed to, The SNOMER may direct the form in which accounts of the "actual. field cost" shall be kept and may also ,speoify,in writing, before the work commences, the method of doing the,work,and the type and kind of machinery and equipment to be used, otherwise these matters shall be determined by., the, CONTRACTOR. Unless otherwise agreed upon, the prioep,.for the use of machinery and equipment shall be,dotermined by using 100 percentage of the latest schedule of Equipment Ownership Expense adopted by the Assooiatod,General, Contractors of America Where practicable the terms and prices for the use of machinery and equipment shall be in, corporated in the Written Extra Work Order, The fifteen (15%) percent of the "actiAal f'i is d :colt 11, to be, paid the, CONTRACTOR nh4,11 cover and compensate.,him t'ar his profit, ovgxhead,, general euporintendehae and fiel,d.office expense, and A;;,,othe,r elements or ooyt, qnd expense not embraced within,tho "actual, field cost" as herpin defined, save that whpre t4e,CONTRACii)R~5 Cam or. Fie`1d,Offioe must be.mai,nta~ned pri- marily.on aceouf t ;af qt xt'.a wprk, thep `the cost to maintain and operate the same ghat be ~,no ed;in the otual.field cost" No claim. for Extra ,Work , it 'any kind will be atlowl d unlesp ord red,i,n writing,byhthe BNGX xn ease anY Grders or.inptruo- tions,, pithar, oral ,ox ,writ.tan appear. to 4thQ CONT'RACT'OR or involva rx ra Work for which ,lie Shouls roceive oompensation, he shall ,make writtpn.rgc}ueat to the ZNd1NEikR ror,written oro.ir authorizing ouch Extra Work, Should a difference of opinion arise as to what does or,doos not gonsti.i,uts,Extra Work, or, as tq„the payment therefor, and the ENOINEgR iraaisys upgn jtv pertormance, the CONTkAOTOR shall proceed with the work after making writ ton.,request for written order and shall keep an accurate account of the 'actual field cost" thereof,, as provided under j4ethod (C), The CONTRACTOR will thereby preserve the right to suhmii; the matter of payment to arbitration, as herein. below provided 18. UQIIM ,r No HNOINSER, sup9k)dvdr, or inspeo- for shrill have any poWpr. to, wa, ve .the obligations of this contract four the furnishing by the O,CNx'kAO~;OR'of eood material, and performing good work as herein described, and in full accordance with ;t ©plane ' and specifications 1, No failure, Or,omisaion,of any ENGINEER, super- visor, or inspgctgr, to, dondemn any defeotr3ve; work or material shall releayp the C90TRAc;TOR From the cibli.gattone'to at 'once tear out, remove and properly replace the same of any,time prior to final acceptance upon tho discovery of said d66' otive work, or mater.Al .,prov ded, however, that the EN I R ,his Assistant or inspector, sha`J7.t upon request of tihe CbN Rpd ;inspect and accopt, or rlejeot any materia furni~hed,.and'.in'event the haterial'has been ohce aeoepted.,by the ENCINM his asQis ant or, hspactor, such acoerAahc$' shall. be binding on 4,he`,'awNgR',' unles6 it can .436 vlgarly shown that such matoriii 6 rnished'dobv not meet th`a apeeificatians for this work, 9 4-15-55 Any questioned work may be ordered taken up or removed for ro-examination, by the ENGINEER, prior to final acceptan'ee; and if . found not in accordance with the specifications for said work, all expense of removing, re-oxamination and replacement shall be borne by the CONTRACTORI otherwise, the expense thus incurred shall be allowed as EXTRA WORK, and shall be paid by the OWNER, 194 Their. Defects and ReMtA e ,-'It is further agreed that if the work or any part thereof, or any material' brought' on the ground for use in the work or selected for the 'same, shall be doomed by the ENOINSER as unsuitable or not in conformity with the'speoifioationa, the CONTRACTOR shall, after reaeipt of written notice thereof from the EN01MR, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full'ao6ordanoe with this contract, 20. Time end ' Order o f Cppg10t,ion e- It is the meaning and intent of this contract, unless"otherwise' herein epeoificilly provided, that the' CONTRACTOR' shall be allowod to pr6seoute his work at suoh times and seaanns, in such order of preaedenbe; and 'in ~uoh'manner an'ehall be most conducive to economy oi.'"*htx;uct' Toni Provided, "however, that the "order 4nd time of proneout,~on elie11 l6 such thAt the work phall be substantially completed "as a wholb'a6& In'~Art, in secordande with this contraot~ plans and specifi.cat~one and within the time of completion hereafter designated{ pr6vided, albo, thot`whbr the 6MR is having other' work'done, either by aontract • or b+,' hia" own "to;+oe; 'the' XN6TNltLR may d lrb of the time and manner of'pdnstruoting the w6rk done under' this o06tr40tt so that confliot kill be avoided and the odnstruction of tho'various works being do6o for the MER'shall be harmonized; The CONTRACTOR' further ~rgrees that he will oomrnenae work with- in ton (10) days after the dati§ wiitton notice to`db so`ehall have boon given to the CONTRACTOR, iod' will. progreae' therev Ah 66 that the work shall be substantially cjtnpletod in aocordanao with the termm of 'his Agroomont within 'tho'time'AS'det out in the Cortraot Ageeemeht.' A "working day" is dofined as a calendar day, not ihcluding Sundays or any legal holidays, in which weather or other conditions, not uhdor the oontrol of tho CONTRACTOR, "ail'l'parmit' the bonstxuotion of the prinoipal units of the work for A cotO-ngotis period of not lets than seven (7) hours between mo a6'm, and 6I O'p;m; By the term l'substantially r omplot'od" is 'Moanti'that the straoture has boon made suitable for use"or''b6oupin0 and is in oon- dition t0 ovrve its intended' purpose, bdt stift iAy i^1H.re minor misoellanaous work and ad,jubtment. 27. o Should the CONRACtOR'bb delayed in the any complotign of the v k act or neglect of the OVtNgR or ENOINS R, or. any ©mnloyree of either, or by other Conbraotors 601oyod' by the OWNER# or by ohangos urdered'In the, work, or, by etr~ikes, lookouts, firo, qd' unusual delays by comman aA`rribrs, And'dnivoitlabU cause or 10 4-15--55 r causesbeyond the CONTRACTOR'S. control, or by any cause which the ENGINEER shall decide Justifies the delay, then an extension of time shall be allowed for completing the work, sufficient to compensate for the delay, the amount of the extension to be determined by the ENGINEER; provided, however, that the CONTRACTOR shall give the ENGINEER prompt notice in writing of the cause of such delay, 22, Hindrances and De avg.-No charge shall. be made by the CONTRACTOR for hindrances or delays from any cauno (except where the work is stopped by order of the OWNER) during the progress of any portion of the work embraced in this contract. In case said work shall be stoppedby the act of the OWNER,' then suoh expense as in the 'Judgment of the ENGINEER is caused by such stopping of said work shall be paid by the OWNER to the CONTRACTOR. 23+ Pria& for.Work-o- In bonsideration of the furnishing of all the i,eoesmary labor, equipment4and ,material, and the completion of all work by the CONTRACTOR, and an the, compl.etlon of till, work and of the delivery of all material embraced in this contract in full conformity, with the specifications and stipulations herein oontained,'.the O'MR agrees to pay the CONTRACTOR the prices set forth in the Proposal hersto,attached,...marked "Exhibit 0111„•. which has, been made a;part ;of this oontr~ot, The CONTRACTOR, hereby agrees .to.-reoeive such prices in full., for;,,furniehing all matvrlal•and all, lAber!requirr,d.for the:aforeeaid work, :4lao,,f9r all ,ftxP'nae.,inpurred by, him, and,for well and truly perform~ng,the same and the whole.thereof,in the manner. and According to.,this Agreement, the attached ppooifloations and requirement,* of the ENGIN118t 24,. dial Pavmentv...1On or before the 5th day of each month, the,ENO1NUR shall propare a_.etatemerrt showing AS completely as practipablethe total value of ;the work done by the CONTRACTOR up to and.noluding the last day of the preceding, months said statement shall, also include the value of all sound materials rJoliverod on the ground that are to be fabricated into the work, ,The OWNER shall then pay, the CONTRACTOR on~or,hafore the. 10th day of thv current month t1witotal amount of the ENOVISER'S statemenb,. less 10 percent of the=amount thereof, which 10 percent shall be retained untilfinal paymsnt, and further loss all !pre.. vioum.payments p and further leas all :ruture,,aQma that may. be retained by the,OWNER•under the terms of this Agreement. It is understood, however, that in case the whole work be near, to oompletion and some unexpected and unusual delay occur due to no fault or, neglect on the part of the CONTRACTOR, the OWNER may upon written recommendation of the ENGINEER pay A reasonable and equitable portion of the re. taihod: perdentage to the CONTRACTOR; or, the CONTRACTOR at the OWNER'S option, may be. relieved of the obligation to fully oomplete the work, and thereupon, the CONTRACTOR shall receive payment of the balanae,due>him under the,aontraot-subji5at only, to the oondi- tions stated in Paragraph 26 hereof, 11 4_15-55 25w final Cpm e a Within ten (10) days after ` the CONTRAC'T'OR has given the ENGINEER written notice that the work has been completed, or substantially completed, the ENOINEER and the OWNER shall inepoot the work and within said time, if the work be found to be completed or eubatanti.ally completed in acoordanoe with the plans and Specifications, the 1NOINEER shall issue to the OWNER and the CON'T'RA(7f OR his Certificate of Completion, and thereupon, it shall be the duty of the OWLUR within said ten (10) days to issue 'a Certificate of Acr,eptanoo of the work to the CONTRAC'TOR& 26, `"itlal Paitep.. Upon the issuanoe of the Certificate of Completion, tho UNOINEli, shall proceed to make final measurements and prepare'final atatement if the value of all work performed and materials furnished under, the terms of the Agreement and'shall, certify same to the OWNER, who shall pay to the CON'T'RACTOR on or before the 15th day after the date of the Certificate of:Completion -thebalance due the CONTRACTOR under the. terms of this Agreement, provided he has fully performed his oontraotural, obligatione under the, terms of this contract; and! said. payment1 shall become due in any event upon said, performanos by the CONTRACTOR, 277 DeUred,.pa~," Should the OWNER fail to make pAyment-to the'CONTRACTOR of tho-sum named in,any partiAl'or final statement, whim pay1nent i,c dub orrShould the FNOINLERafail, to i.deue any statement 'cn or betbre Lhe date abovo' provided then theiOWNER-shall pAy td•the. CONTRACTOR, in-additior 16 t'he sum~d8own''do dud by sudh stdtemdntr interest thereon at the rate bf-Uur (4%) perdent per - annum from date due as provided in Paragraph 24 and 260 until fully paid, which ehAll fully liquidate any injury to the CONTRACTOR growing out of such delay in `Payment, butt the right is expresdly~Voser4ad to tha OONTIZACtOR in the event payments be not prcmptlym madd,^as provided in'Parageaph•24, at any tinter thereaftee treat tho contract as abandoned by the MR and rudover'compensation, as provided by Paragraph 4y of this oontraot 28. It Ili M.Ially agreed be- twoon the partion to thin Agreomont that the ENOINEE11 shall supervise all work inoludod herein. In order to prevedt'delay's'And disputes and to divoourage litigation, it is fue h'er'Agroed by' and betwadn;the parties to this Contrast, that if it eranhot be otherwise agreed, the ENOINEER shall In till easels determine the amounts and quantities `of the sevoral kinda of works which are 'to be paid for under this contract, and he ahtLll detorminu all questiolts in ralation' to, said cork and the construotion thoreof, and ho shall in all aa8oa~decide nVory 1u0stion which may, arive relative to the exudution of thin contract on ",he part of said CONTRACTMR, that hi.n eatimate an(] findings shall be the can- dltlons precedent.to the right at thu parf es hereto to arbitration or to any.uobion on the dnntraot and to any i~ights bf,thu CONTRACTOR to receive any money under this ooriti~aot; providedd howovar, that should the >',NOIWR render any ddciAlon or give any direction which, in the opinion of either party,hersto,?.iu not, in,aoeordanoe with thb moaning and intent Of this oontract,-'eithe'r party may, fIle' vtith maid 12 4-15-55 ti ENGINEER within thirty (30) days his written ob,jeotion to the decision or direction so rendered, and by aueh action may Preserve the right to submit the.question so raised to arbitration as herein provided. It being the intent of this agreement that there shall be no delay inthe exeoution of the work, and the decision or dirocti.ann of the ENGINEER as rendered, shall be promptly carried out, and any claim arising therefrom shall be thereafter adjusted by arbitration as hereinafter provided. The ENGIRKER shall, within a reasonable time, render and deliver to both the OWNER and the CONTRACTOR a written deoisiun nn o11 claims of the execution hereto and on all questions which may, arise relative to the exeoution of the work or the interpretation of the oontraot, specifications and plans, Should the ENGINEER fail to make such decision within a, reasonable time, an'appeal. to arbitration may be taken as if his decision, had been rendered against the party a'apealin g 29. C_gntraotoyrg Duty,- The CONTRACTOR shall, give personal attention to the faithro lsprosecution and completion of :this work and shall be present either in:person or by duly authorized,representative on the .site of rthe work oontinually. during ,its progress, He shall maintain an oSfi.oa on gr adjacent to, the; site of the work,. 300 Qontraotor_ lm Amt The CONTRACTOR during his abaenoe from the work shall keep, a competent superintendent or foreman upon the work, kul,ly,authorized.to act for him in his.aosenoe, and to receive such orders as maybe given for.the proper gontinuanoe of the work. NPtice to,do any,.wgrkr tq s},ter work ,tocgape work whioh,the CONTRACTOR la q§ligated to do{ or oonaerning any imperfections in work or any.material ~4ri;1shed when given to any foreman or agent of tho+ CONTRACTOR in charge of any operation of the work; in the absence of the CONTRACTOR shall be considered as notice to the CONTRAQTORj provided any notion given under this paragraph shall be in writing. 31, Qhfiraoter of Workmen. The CONTRACTOR agrees to employ only orderly, competent and ;skillful men to do ,the work; and that whenever the SNOINEIR shall inform him in writing that any man or men on the work ;aree •in his opinion, incompetent,,. unfaithful, or disorderly, such man or men°ahall be discharged from the work and shall not again be employed on the same without. the ENOI;NSER'S written consent, 32. Matr.uotion Ylant..# The CONTRACTOR shall provide all labor, tools, equipment, machinery and material necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that the OWNFR.shall furnish the same, and it is also under- stood that the OWNER shall not be held responsible Pori the care, pre- sorvatione conservation or protectionof any material, tools, or machinery or. any part of the, work until it in finally completed and acceptod. 13 4-15-55 33• Risht q,in,naer to t~odiPv Nothods_and Fq}"nmdnt If at y any time the mothods ar equioment used by the CONTRACTOR are found to be inadequate to aoaure the quality of work or the rate of progress" required under this aontraat, the ENGINEER may order the CONTRACTOR in writing to increase their safety or to improve their charaoter and efficienoy and the CONTRACTOR shall comply with su.,h order, If at any time the working force of the CONTRACTOR is inadequate for securing the progress herein specified, the CONTRACTOR shall, if so ordered in writing inorease his force or equi rnent, or both, to such an extent as to give reasonable assurance of compliance with the schedule or progress, 34. a`Abtttlrjo. • Necessary eanitary oonveniences for the use of laborers on the work properly seoluded'from, public observation, shall be constructed and maintained by the CONTRACTOR j., such manner and at such points as shall be approved by the ENOINEE7R, and their use shall be strictly enforced. '35. Oontraator~b Buildinas,~ The hi~ild3rlg oi'"straoturer for housing men, or the srectio6 of tents 'or other forAi of proteot on, will Ibe perki.tted only at euoh plaobe ad the INOINSER mall direct, and the nanitary oonditions of the grounds in or about such struoturl shall at all times be maintained in a manner satisfactory to the EN(}INH+'ER. oil Employe The CON ~ACTOR shall'maintain such insuranob 'as wi11 •Prot bot t e CONTRACTOR, and the )MOINEER from olaimd dridee Workmain's Compensation Acts,-end any amendmentittheredf,"and 'from ahy othoo'blaima for damagob'frum'persohal injury, including doath,''which may arise trot uperations under this Agre6tent,'wheth6r suoh operations be by him. self or by sub-6ontractor, or anyone diteotly or indirbotly employed by either of t11em. Certifioat(§ of auoh ihsuranoe shall be filed with the OWNER, if so required, and shall be subject to his approval for adequacy of protection. 374 FrRteotion of Ad o nkgA pro66rtv,..'The said CONTRACTOR shall take proper means to protect the adjacent or adjoining prop6rty or tsropertiee in any way encountered,' or, whi.'ah'might be njured or' seriously affooted by any voceas of 6onetruat on; to be undertaken under thin Agreement, from all rummage or ;tnJury by reason of said prooons of construction; and he shall be liable fcr any and all olaims for subh damage on aaoouht of bib failure to ful?q proteot' all nd- ,joirl property, 38. Protaot~on Against Clalims of Milk ~C a ~ orors, Matarlalmon t~urn1 aher0 of Mash 4eht a 4 ~ Abrg. Euu~tAef~~,Suaoliep.- The CONTRACTOR agrees that he will ndemhi.fy'and save 'the OWNER harmless from 'All claims grotifing out of the lawful doA(Ands of sub contractors 14 4-15-55 laborers, workmen, mechanical materialmen and furnishers of machinery and parts thereof, equipment, power, tools, and all supplies, includ. ing commissary, i.nourred in the furtherance of the perfom aoe o.f this contract, When so desired by the OWNNR, the CONTRACTOR shall furnieh satisfactory evidence that all obligations of the nature hereinabove doei,gnated have been paid, discharged or waived, If the CONTRACTOR faila so to do, then the OWNER may at the option of the CONTRACTOR either pay unpaid bills, of which the OWNER has written notice, direct, or withhold from the CONTRACI'dRIS unpaid oompensation.a sum of money deemed reasonably buffioient to liquidate any and all such lawful claims until satiefaotory-evidence is Varnished that all liabilities have been fully discharged, whereupon payments to the CONTRACTOR shall be resumed in full,, in accordance with the tome of this contract,, but in no event shall the provisions of this aentenoe be oonatrued to impose any obligation upon the OWNZRto either the CONTRACTOR or his SM Y, ,p4otion Aeainet Rova~t~ea or Paten a.. r~. ^°1,-;The CONTRACTOR shall pay'a],1 royelti~a and 1iAenae feels, and shall provide for the uso. of,any,,dedign~ devrae, materia] or cxooess povared try letters patent or copyright by suitable legal agreement with the pAtant4e,;%tr. Owner, ;xhe,CANTRAG~QR.6hall;defend all ou,or claim for,infri,ngement,of any .pat e11 90p`yrighghte and shall indercntify and savli:the;OWNE~{ harmlees.from any Aoss on.aogount-thereof, except, thgt,the.OWNER ahall d,jfend Al•l suoh.,100.00 and claims and ahall,be repponaiglo for all 840,1965 when a particular dtgign, Device, matrri.al, or proossf or th a,product. pi',a particular, manufa,otprer or manµfgoturerq is,epogifiad,or.required by the OWN4R,. prov,ided,, how- evei',.if choice pfalternate depign or ,,,devioq,.matertal process is allowed to the CONTRACTOR, then CONTRACTOR shall indemnify and pave OWNER harmless from any loss on account thereof. If tho material or ProgBaa.speoi.fi.ed.or required by tbe::OWNXR is an infringoment, the CQN'T'RACTOR 4hall, be responsiblo for such lone unless he. promptly gives eucta information to the bWNER, 40, The CON'TRAGtOR shall at all timed ob58rve.and,o,mply,wit a l irederal, Gt,ate and local laws, ordinances and regulations, whk9h in sny manner affect the contrartt or the work, and qi%all indemnify and'pave harmless the OWNER against any claim arising ,from the viol,etion-o r any su0 lAws.and ordin npeo, whether by the CONTMOTOR or hi,p„employeps,;.Tt cape the is a body poll o And ;aorporate,,the law;,rrom,which i,t derivea its powers, in- sofar as the same regulates the objects for which, or the manner in wbi.4h,.or,ths con# tiona under whioh,.the OWNER may enter into con- traoto ohall,,tte.Qontroll.inj, and she'll, b» ovnaidered r4s part. of this Contraot, to.the game Offeot ae,though : embodied hereini 15 4~1g~55 ul. , iguidated Damayco " Delay,- And the CONTRACTOR agrees that time i:r'or the essence of this contract, and that for each 'day of delay beyond the number, of days herein afreed upon for the com- pletion of the work herein sppoified and oontraoted for (a['tor due allowance for such extension of time as is provided for under Exteh. lion of Time hereinabove), the OWNER may withhold permanently from the CONTRACTOR'S total compensation, the sum set forth in the Special Conditions or Special Provisions (or as elsewhere net forth in these " Contract Doouments), as stipulated liquidated damapes for such delay, 42 As nment and 801ett Wo-'The CONTRACTOR further agreed that he will retain personal control and will give Mts personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney, or otherwise, nor sublet said contract without the written consent of the OWNER, and that no part or feature of the work will be sublet to anyone objectionable to the HNOINUR or the OWNER. The CONTRACTOR further agrees that the subletting of any portion or feature 'of the work, or materials required in the per- formanoe of this contraot, shall not relieve the CONTRACTOR from his full obligations to the OWNi:,A, as provided by this Agreement. 43. Abandonment by go cab or;« rn oade the CONTRACTOR should abandon "rind fail or refuse to resume work within tail (10) daya after written notification' from the OWNER# or the'F41WTNUR' or if the CONTRACTOR fails to Comply with' the orders Of the gka;tNl♦;gR when such orders aro oonsisterit' with 'this Conti+aot, or rri.th this Agxetment I with the Spooificati6ns hereto attaohed', then, and in 'that base, the ' Surety on the bond shall be notified in writing' and' directed to'com plate the work, and a' copy of said notice shall be delivered to the CONTRACTOR, After receiving said notion of abandonment the CONTRACTOR shall not remove from the work any machinery, ocliii.pment, tools, mater.. ials, or supplies then on the ,job, but the same, torzother with any materials and equipment under contract on the work, may be field for use on the work by the OWNER or the SURETY on the cohetruotion bond, or another contractor, in`oompletion of the work; mid the 'CONTRACTOR shall not receive any rontal or credit therefor, (except when used in connection with Extra VTdrk, where credit shall be allowed as pro vidod for under Paragraph 17, Extra work);' it being understood that' the use' of suoh ucjai'pmeht and materials will. 'ultimately ruduco 'the cost to odmplote the work and be refleoted in the 'final riottlamaht In cane the Surety 0-u1d1 fail to comt6nct.i compliance with the notice for completion hereinbefdre provided for, within ten (10) days after servide of'sudh'notice, then the`OWftR may provide far com- pletion of the work in either of the following elective mannerar (a) The OWNER may thereupon employ such force of men and use such mi%ohinory, equipment, tools, materials and supplies. an said OWNER may deem necessary to complete the work and oharge the expense of nuoh labor, machinery, equipment, tools, materiale and er.hplies to 16 4-15-5$ said CONTRACV)R, and the expense so charged shall'bo deducted and paid by the OWNER out of Ouch moneys ae may be due, or that may thereafter at any time become due to the CONTRACTOR under rind by virtue of this Agreement, In case such expense is Iona than tho cum which would have been payable under this contract, if the acme had been completed by the CONTRACTOR, then said CONTRACTOR shall roani.ve the difference In case such expense is greater than the sum which would have been pavable under this contract, if the same had bben completed by said CONTRACTOR, ten the CONTRACTOR and/or his SURETY shall pay the amount of such excess to the OWNERi or (b) The OWNER under sealed bids, after five (5) days notice published one or more times in a newspaper having a general circulation in the county of the location of the work, may let the contract for the completion of the work Under 'substantially the same tbrms'And conditions which are pr,vided'in•thie,oontract, In'oabe16V any in- crease in cost to the (OMR v..ar'~r `he hew contract am caMpdred'tn what would have 'beets the coat uar,ar thin contrast, such increase 8411'bs 64roged to the 'CONTRACTOR ahd the SURETY shall be'and,reMiin b60nd thisr6for, Howev6r, ehoulil the' oost"to"comblete any,AUth"neoV oontrA6t! prave'to be loam 'than' would'havd been"the dost'ta'oemplete under tht4'contract, the CONTRACTOR and/or his SURETY shill'bb:orddited thbrenrl.th, , . When, the work `shall have 'been subatantially •oompleted'the' CONTRACTOR and his SURETY shall be,nb,'notified :and CeNtificateei of Completion and A'odeptanbe, • at''proviided'Lin pariagrgph 25. hireinabove, shall be issued. 'A complete itemized, tatament of the oontrdot accounts', certified to by the 'ENOINEER as being correot,;shall ^then be 'propared and delivered to th'e CONTRACTOR and his BUWY,' wherbupan the CONTRACTOR and/or his SURETY, or the OWN)M, an:thb''baee may be, shall pay the balihoe due ►b reflooted by said statement, within fifteen (15) days after the date of such Certificate of Completion. In the event the statement of accounts shows that the cost to domplete the stork is less than that 'which would: have been the coat to the OWNER had the work beon oolnploted by the CONTRACTOR, under the term's of this oontradtI o)r Iwhen °t he CONTRACTOR "and/o,~ this 8URN'TY 9h 411 pay the balance shown to be due by tham 1o the OWNLIZ, than all. Imaohinery, equipment,, tools, materials or aupplioa left on the'•eit9'of the work shall be turned over to the CONTRACTOR and/or his SUTOXY,J Should the cost to complete^the work exceed the contract priael and the CONTRACTOR and/or his SURETY fail to pay the amount due the OWNER within -theti.me designated hereinabove, and thoro romninu any m6c+hir,ory, equipment tools, materials or supplies on the site of the wbrki noVioe thereof, togother vith an itemized- lint of such equipment 'ahd materials, shall be maily& to the CONTRACTOR and his SURETY at tho raspectiveN addrosaea designated in this dontraott provided,,houevery that actual ,4ritton notice gi.Ven in any manner will ahtinfy this condition,; :After mai.li.ng', or other giving' of such nbti.oe, such W'iperty shall bb held 4-15-55 at the risk of the CONTRACTOR and his SURSTY subject only to the duty of the OWNER to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the OWNER mciy sell such maohinery, equiyxnent, toole, materials, or supplies and apply tile not sum derived from such Sale to the credit of the CONTRACTOR and his SURETY, Suoh sale may be made at either public or private sale, with or without notice, as the OWNER may select, The OWNER uhall release any maohineryr equipment, tools, materials, or supplies, whioh remain on the work,nnd belong to persons other than the CONTRACTOR, or his SURE'T`Y, to their proper owners, 44. Abandonment by owner,. In case the OWNER shall fail to com- ply with the terms of this oontraot,,and should fall or refuse to comply with uaid terms within ten (IQ) days after written notifioat, on by the C'ONTRAAOTOR, then the CONTRACTOR may suspend or wholly abandon the work, and may, remove \`herefrom all maohinery,rtoole, and equipment and all materials on the ;round-that hwve.nat,besn included in payment,e to. the CONTRACTOR and have not been wrought into the work, , And thereupon the ENUINICehall make r, estimate o~ the,totpl amount earned! .by the,CON» TRACTOkt, which ;estimate bhall, ,in,alude the val,ue,.gf ill .work a04411y oaapi4tgd by~ acid ;CONTRACTOR.;4t the.pri,oes ;stgted,In, tiro ,attached, Proposa4v (Xhibit C) the;;v+~lue of. all,,: part1411,7 ,oomplated, work.,at a fair and equitable price, and the amount of all Extra work pe,Afgrmgd at the prices agreed upon, or provided for by the terms of this con traot,.anci,a,reasonable bum to,cove.n t,he.post of-any proy,i,eions made by they CONTRACTOR to oarry:the whole work to completion a?vJ which cannot: be,;utilized, The MINSER sh411.then, make .a.-final ;.eettlewent' of the balance due the CONTRACTOR by deduoting...from,-the-above estimate all,previous parents .by the OMR.and:all other sums that stay be, re-, tained by the OWNER under the~terme of-this Agreement and shall certify sam . to the M. R who shall pay to the ;CON'T'RACTOR on.! or bo 'ore thirty (30; days after the data of the notification by.theCONTRACTOR tl,e balance:ehowm by said final statement as due the CONTRACTOR, under the terms of this Agreement, 45~ ~,`ornanee Bond.., Unless otherwise apeo fi.ed, it Is further agreed by the parties to this contraot that, the. CONTRACTOR will 9Aecute a perfor=neo.bond .i,n the sum of One Hundred ,(100);peroent.:of the total contract price for the satisfactory performace of the work and fulfill- ment of any guarantees required, in, aeoordanoe with this oont,raot-in.the form provided for :this purpose, and it in agreed that this contract shall not, be:in effect until such performance, bond Is furnished and approved by the O'WN.ER. 46, We f.FIliag , aimeit is further agreed by both ..parties hereto that. all queoti,ons of dispute or adjustment presenters by the CONTRACTOR shall be. in writing and f11od with the INGIN39H within thirty (30) days after the ENOINMR--has given any directions, order or tnetruoti.oh to which the CONTRACTOR desires to take exception. The ENGMEER nhall reply to such written exaspti.tns by the CONTRACTOR 18 4-15-55 x and render his final decision in writing, In case the CONTRACTon should appeal from the ENGIkUR'S decision, any dernand for arbitration shall be filed with the ENGINEER and the OWNER in writing within ten (10) days after the date of delivery to CONTRACTOR of the ENGINEER'S final ftoision, It is further agreed that final acceptance of the work by the OWNER and the acceptance by the CONTRACTOR of the final payment shall be a bar to any claims by either party, except where noted othei"e,dse in the Contract Documents, 47' AL's at Allquestions of dispute under this Agreement shall be submitted to arbitration at the request of either party to the dispute. The parties may agree upon one arbiter; otherwise, there shall be throe, one named in writing by each party, and the third chosen by the two-arbiters'so selected= of if the arbiters fail to select a third within ten (10) days, he shall be chosen by a District Judge servingthe COunty•In which the major portion of the project is located;' unless otherwise of aci: ied. Should the party demanding' arbitration fail to naMe an arbiter within ten (10) days of the' deeiand$ hie'right to'arbitrate shall lapse, and the decision of 'the ° 'ENGMER shall be final and binding on him, Should the othor party tail to ahooad an arbiter within ten (10) days, 'the'EM NRER'shall apodint adoh arbiter. Should either party refuse or neglect to supply the arbiters with shy papers or information demanded in writing, the arbiters are empowered by both parties to take ex parts proceedings. The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract, The do- ciaion of the arbiters upon any question submitted to arbitration under- thiscontract shall be a condition precedent to any right of legal action. The decision of the arbiter or arbiters may be filed in count to carry it into effect. The arbiters, if they deem the rase detnands it, :are authorized to award the party whose contention is sustained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay oooaeiored thereby. The arbi+ tors shall fix their own compensation, unless otherwise provided by agreement, and shall assess the cost and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writing. 48, AdKa ---2LRTaLms- It is understood that the OWNER has oelou$ed'tho ENGINWER'named in this Agreement to prepare the plans and specifications, and all. Supplements thereto and it is agreed that the OWNER will be responsible foe the adequaoy'of the design, euffioievioy of the piano and specifications, and the safety of .the structure, provided the CONTRACTOR his complied with saiu plans and sgeoffioations all modifications therdof, and addit:bnu and alter, atione thereto, approved by the ENGINEER. The burden of proof shall 19 4-1,5-55 be upon the CONTRACTOR to show that he has complied vith'this &-n tract, Said plans, speoifioationa, and all modifications theroof, and all additions and alterations thereto. 49. Contractor's and.8ub- ontraotor's Insurance,-The CON TRACTOR shall not commence work under this contract until he has obtained all the insurance required under this paragraph and such insurance has been approved by the OWNER, nor shall the CONTRACTOR allow any sub-contractor to commence work on his sub-contract until the insurance required of the sub-contractor has been so obtained and approved. (a) Compensation Insurance.- The CONTRACTOR shall pro- cure and shall maintain during the life of this contract Workmen's Compensation Insurance for all of his employees to be engaged in work on the project under this oontraot,and, in case of any such Mork sublet, the CONTRACTOR shall, require-the sub-oontraotor.similarly to provide ;Workmen'a Compensation Insurance for all of the Iatter!a. employees to be engaged in such work unless suoh employees are covered by the protection afforded by the Contractor's. Workmen's Compensation Insurance. In case any, class of employees engaged in hazardous work on the project under this contract d.p not protected unde.- the Work- men's Compejnsation $tatute0 the.. CONTRACTOR shall provide and shall cause each sub-oontraotor to provide adequate Employer's General Liability Insurance for the protection of such of his employees not otherwise protected. (b) Contractor's Pub is L,a bilitand Property namggo nsuranae.- The CONTRACTOR shall procure and shall maintain during the life of this contract Contractor's Public Liability ineuranos in an amount not less than $50,000,00 for injuries,. including accidental death, to any one person, and subject to•the;.same.limit for cash per- son, in an amount not less than $100,000.00 on account of one accident, and Contvaotorle Property Damage Insurance in an amount of not less than $250000.00. (o) gub-CoU&raotor,12.VUbl1Q L ability aqd p_ roco,r y ama e Insurance.- The CONTRACTOR shall require each of his at, contractors to procure and to maintain during the life of his 'sub-contract, Sub. Contraotor's Public Liability and Property Damage Insurance of the type spocified in sub-paragraph (b) heroof', in amounts approved by the OWNER, (d) zSOQL .QL_L,urarr ial ligzards,- The insurance required under sub-paragraph (b~ and (e hereof shall provide adequate protection for the CONTRACTOR and his sub-gontractore, reapeotively, against damage claims which may arise from operations under this oon- tract, whether_ such operations be by the insared or by anyone,directly or indirectly employed. by him and, aleo,;against special hazarda, if any, as set forth in the,,5peoial Conditions or.Speolal Provisions or elsewhere in these Contra.ct,Do cuments,. (e) Proof of Carriaaa of Insure ce.- The CONTRACTOR shall furnish the OWNER with satisfactory proof of carriage of the insurance required. 20 4-15-55 11 I CITY OF DEMON, TEXAS WATER W(RKS MOVEMENTS WATER SUPPLY MAIN ,.,TO STATE SCHOUL FOR CHILDREN DETAIL SPECIFICATIONS 1. GENERAL The work to be done comprises the furnishing of all materials, labor, tools, equipment and appliances necessary to the construction and oomple- tion of water distribution feeder mains for the City of Denton, Texas, including fittings, gate valves, and other appurtenances, all as shown on the plans and provided for in these specifications, 2. INVESTIGATION OF JO AL CONDITIONg Prior to the submission of a proposal, the Contractor shall have made a careful examination of the site of the work and of the Contract Doouments, including the plans and speoifioations, and shall beoome in. formed as to th6 nature and location of the proposed oonstruetion, the kind of facilities required before aril during the construction period) labor conditions, and all other matters that may affect the cost and time of completion of the work, Particular attention is called to the fact that trench excavation is unclassified and the Contractor is expected to satisfy himself fully as to the nature of the excavation. 3. RIG TS-OF-WAY The Owner will provide all necessary rights-of-way, or casements along the route of the water main. Where right-of-way is within private property, the Contractor shall keep all equipment; me.terial and labor within they stipulated limits of such right-of-way, The use of state controller', right-of-way shall be in striot accordance with the requirements of the state authorities, Where the water main is to be constructed on the limits of state controlled highways, the Contractor shall perform all work in a manner satisfactory to the Highway Department. The Contractor shall clear and grub trees that are to be removed and shall dispose of such outside the limits of this work to the satiefeotion of the Engineer. The 21 r Contractor shall take all reasonable precautions throughout the work to prevent injury or damages to abutting land and to struotures, grass, trees or crops thereon, and be responsible and save the Ownor harmless from any damages or claims arising tu.refrom, 4. LIRARIN) AND GRUB13INO The Contractor shall do all clearing and grubbing necessary for con-. struotion operations. All trees, branches, limbs, and roots shall be removed and disposed of by the Contractor so as to leave the right-of-way in a neat and presentable condition, Clearing and grubbing shall be accomplished so as not to injure or damage abutting propertyl and damage to property outside the right-of-way shall be the liability of the Contractor. 5. COVER Normal cover over the top of the pipe barrel shall be thirty- six inches, Minimum oover over top of pipe barrel shall be thirty (30) inohes, Con- tractor will be permitted to keep to the normal cover of 36 inches as closely as practicable so long as any "highs" or air pockets are avoided and so long as the specified pipe joint deflections are not exceeded, 6, UZEs If it is necessary for Contractor to out fonoes, such fences shall be eepaired and replaced by the Contractor in a condition equal to or better than the original condition. 7, "&TIgN The route for the water line is plannod as shown on the drawings, The Owner reserves the right to change tho routo of the water line and to make minor changes in the locations, 8o INQ1tQ';3 AND EGRESS The Contractor shall obtain all rights for ingress and egruas that aro not included in the 20 foot casement, and in the existing public thoroughfares, 9. LIME -OF COMPLETION Bidders will be permitted to state their completion dates in the pro- posal, Consideration will bo given in making of award to the bidders proposed time of oompletion• The Owner desires that this work be completed by March 1, 19$91 however, later dates will be considered. IIII I 22 10, WATER FOR CONSTRUCTION All water for construction of the project shall be furnished by the Owner) however, the Contractor shall provide all facilities to take the water at points designated by the Owner. The Contractor shall use only the amount of water neoessary for the project conetruotios and shall take the water at times designated by the '3wner. 11. WATER FOR TESTIS} LINE FOR aaL The Owner will furnish, through the oonneotions, water for filling the lines and making tests for the water line. As a part of this contract, the Contractor shall furnish all fittings and labor necessary for the connections. 12. 1SI0NPR>SSURE AND LOADS Pipe and fittings for the water lines shall be designed to withstand internal working pressures of one hundred fifty (150) pounds per square inch. For external loads, provision shall be made for truok loads on streets and roads as specified in the Amerioan Standards Association Manual A21.1. 2,3 ?3, CAST IRON PIPE AND FITTINGS FOR WATER MAINS 13,1 CQS_T IRON PIPE 24 INSHES DZQZTER AND TESS: Cast iron pipe, twenty- four (24") in diameter or leas, shall be ASA Class 1,50, five (5') feet cover for pipe of sizes throe (311) inches to twenty4our (2411) inches, inclusive, laying condition "B", strength designation 18/40 or 21/45, It shall comply in all respects to the American Standard Specifications ASA-A- 21.,1 (Manual for Computation of Strength and Thickness of Cast Iron Pipe), erd ASA-A-21,6-1953 (A, W,W.A, C106-53) or ASA-A-21.8.19529 except that pipe of sizes four (411) inches and six ~611) inches in diameter may conform to the Federal Specification WW-P•42la, or the latest revision thoreof, Pipe of sizes four (411) inches to six (611) inches, inolusivep shall be A,W.W,A. Pattern "AA"-OD; eight (811) inches to twelve (1211) inches, in- olusive, ANNA, Pattern "AB"-ODI and fourteen (14") inches to twenty- four (2411) inches, inclusive, A.W.W.A. Pattern "CD"..OD. For any variation in physical properties of iron there may be oorres- ponding variations in metal thickness in accordance with A,S,A, Specifica- tion A 21.1; however, the same iron shall be used throughout and the pipe shall be uniform in diameter and thickness for each nominal diameter size. Pipe shall conform to A.W.W,A, Specification C106-53 and shall have joints as elsewhere specified, 13,2 CAST IRON LAROM$ THAN 24 INCHES DIAMETERi NOT APPLICABLE 1.1 Q ASS IRON PIPE FI`1'TINQ Al caulked joint fittings shall be Standard A.W,W.A. Class "D" for all sizes up to and including twenty- four (2411) inches in diameter, Fittings for mechanical joint pipo up to and including twelve (1211) inches diameter, shall be Standard A,W,W,A, Class "D", or mechanical joint fittings made with same laying dimensions as ASA Specification A21,10-1952 (A,W,W,A, 0110•.52), Fittings for sizes 14 to 24-inohes in diameter shall conform to A,W.W,A. Class "D'+, or mechanical joint fittings with samo laying dimensions as ASA Specification B16,11 Short-Holy Flanged Fittings, Class 125 flangos, 13.,4 CAST IRON PIPE AND FITT COATIN i All cast iron pipe shall have an inside mortar lining to o t orm to ASA Spooifieation for Cement Mortar Lining for Cast Iron Pipe and Fittinge, (A21„4-19,58) but with thioknoss reduced to manufacturers' standard specification for sealed coated "Enameline" lining. Outside coating shall conform to ASA Specifications for Coal-Tar-Dip Coating for Cast Iron Pipe and Fittings (A21,5-1939)0 24 All cast iron fittings st,Ali be coated inside and out with coal- tar-dip coating as specified in ASA Specification A21.5-1939. TESTS Ai I. MOM The Contractor shall furnish the City's Engineer with the manufacturer's sworn statement that the pipe and fittings furnished have met specifications and tests required by the Federal Specification WW-P-421a, the A,W.W.A, and the ASA for eaoh of tho materials furnished under its reopeotive applioaule specification or specifications I 25 14. ASBESTOS-CEMENT PIPE AND FITTINGS 14,1 ASBESTOS-CEIM NT PIPEt Asbestos.oemont pipe shall conform to A,S,T,M. Specification Designations C 296-55, or latest revision and shall be Class 150 (psi working pressure). Couplings shall be similar and equal to Johns-Manville "Ring-rite" Couplings, 14,2 PIPE FITTINGS FOR As PIPEt All fittings and specials for asbestos-oement pipe, 3" to 1211 diameter, shall be short body cast iron fittings oonforming to ASA Specification A21.101 except bells shall be sized to accommodate Class 150 asbestos-oement pipe. It shall be the Con- traotor0s responsibility to see that bells of cast iron fittings shall meet the requirements of the pipe and make suitable connections. Joints for fittings shall be made using lead for sealing. 14.3 TAPS AMID CUT T,S FO Agj9g OS CE PIPE: Where it is necessary to provide taps or outlets on the ass est~ nt pipe, the Contractor shall use cast iron fittings or double-strap service clamps, as herein specified. Where outlets, i.e,, tees or orosses, are to be irstalled, the Contractor shall use standard oast iron fittings and plugs as specified above. Where air-release taps are to be made, the Contractor shall install solid oast iron bossed-sleeves or tapping tees of cast iron. Where the Contractor provides service taps or taps for his own con- venienoe, double-stop service clamps may be used, 26 5. CONCRETg CnTMFR PTW _ g 1 5,.1 cumTL CyLIM per= Concrete cylinder pipe shall meet the requirements of Federal Specifications ,SS.p.3811 latest Type) revision, "Pipe; Pressure, Reinforced Concrete, Pretenaioned Reinforcement (Steel Cylinder . Pipe manufacturer shall have had a successful experience record in the design and manufaoture of concrete cylinder pipe and shall have had a substantial footage of pipe of similar size and with the same joint as offered for this project in successful operation. All pipe, fittings, outlets, eto., shall meet the requirements of the Underwriters Laboratories, lno., and shall be acceptable by the National Board of Fire Underwriters, Class of pipe shall be defined as the working pressure of a particular pipe, i.e., Class 150 shall be pipe designed for a working pressure of 150 pounds per square inch, The Class of the pipe to be used on this project shall be Class 150- 15 2 SP C LS ND S The Contractor shall furnish all specially Fabricated spec als and onds as specified for closures, curves, bends and other connections to main line valves or other pipe. The specials and bends shall be fabricated from steel plate or sheets lined and coated with cement mortar or steel sheets surrounded by one or more reinforcing steel cages all encased in concrete. The specials and beryls shall be of equal strength to the adjoining pipeline. All flanges shall conform to the latest Standard Specification of the American Standards Association. Flanges shall be Class 125 for all pipe, fittings and valves 1" to 12" in diameter, Iin6lutivo, with a working pressure (including water hammer) of 175 psi or lesso and for all pipe, fittings and valves 1411 in diameter and larger, with a working pressure (including water hammer) of 150 psi or less. Flanges shall be Class 250 for all pipe, fittings and valves which have a working pressure (including water hammer) exceeding that specified for Class 125. All exposed metal surfaces shall be painted with "Gilsonite", or approved equal. Horizontal and vertical long radius curves, when specified, may be formed by straight pipe with their spigot rings attached to their cylinder at any angle. The total angular defolotion per length of pipe attained in this manner shall not exceed 5 degrees. Slight deflections may be made with straight pipe provided that the maximum joint openings from normal closure caused by such deflection shall not exceed diameters 12 inches through 21 inches and 3/4 inch for pinch for pie of ipe of diameter 24-inoh and larger. 27 In addition to the tests as outlined in Federal Speoi. fication SS-P-3 11 tho Owner will provide inspection during the fabrication of the pipe. The Owner and his representatives shall have access to the work wherever it is in preparation c" progress and the pipe manufacturer shall provide facilities for access and for inspection, Material, fabricated parts and pipe which are discovered to be defective or which do not conform to the requirements of this specification will be subject to rejection at any time prior to the final acceptance of the pipe. 25.4 PIPE LA I HQ.Lff EfT013~, There shall be furnished the services of a factory trained, qualif ed, ,job experienced inspector for full time inspec- tion of the pipe installation. This inspector must be on the job whenever pipe is being laid. The inspeotor shall be satisfactory to the City's engineer and to the manufacturer of the pipe and if unsatisfaotory to either, is to be replaced inwdiately with another who is satisfactory, 28 t 16. PIPE LAYINO 166q L_: This section of the specifications applies to the laying of cast iron pipe, asbestos-cement pipe and concrete cylinder pipe as and whero applicable. The Contractor shall remove the pavement within limits as specified abovo; excavate the trenches and pits to the required dimen- sions; excavate bell holea; construct and maintain all bridges required for traffic control; sheet, brace and support the adjoining ground or structures where necessary; handle all drainage or ground water; guard the site; unload, haul, distribute, lay and test the pipe, fittings, valves, and acoessories; rearrange other oonduite, ducts; or pipes where necessary; replace all damaged water servioes, drains, sewers, or other structures; backfill the trench and pits; maintain the temporary roadway surfaces; remove surplus excavated materials; clean the site of the work; and main. tain the streets or other surface over the trenches, IQ X TIIONi During the process of unloading, all pipe and accessories shall be inspected by the Contractor for loss or damage in transit. No shipment shall be accepted by the•Contraotor timtil or unless notation of any lost or damaged material shall have 1aen on the bill of lading by the agent of the carrier. a All pipe and aocessories shall be laid, ,jointed, tested for defects and for leakage with pressure and chlorinated in the manner herein sped= fied in the presence of the Engineer or his authorized inspector, and subject to their approval. All material found during the progress of the work to have oracks, flaws, or other defects will be rejected by the Engineer, and the Contrac- tor shall promptly remove from the site of the work such defective material. 16,3 CONTRACTORS RE PONS,BILIT F'OR MAT I L O The Contractor shah, be responsible for all material furniahe y him and he shall replace at his own expense all such material that is found to be defective in manufactur. ing or that has become damaged in handling after delivery by the manufac- turers The Contractor shall be responsible for the safe storage of material furnished by or to him, and accepted by him, and intended for the work, until it has been incorporated in the completed project. 16,,4L{,R LING PIPE AND ACCESSORMSt Pipe, fittings, valves and other accessories, shal be un oaded a the point of delivery, hauled to and distributed at the site of the project by the Contractor; they shall at all time be handled with care to avoid damage. In loading and unloading they shall be lifted by hoists or slid, or rolled on skidways in such manner as to avoid shook. Under no circumstances shall they be dropped. Pipe handled on skidways must not be skidded or ro]led against pipe already on the ground, 29 Y (a) At_ Site ot. Works In distributing the material at the site of the work, each piece shall be unloaded opposite or near the place where it is to be laid in the trench. (b) Ca c of Pi Coatings Pipe shall be handled in such a manner that a minimum amount of damage to the ooating and lining will result. Damaged coating or lining shall be repaired, if repairing is acceptable to the Engineer, in a manner satisfactory to the Engineer. (c) Bell Ends, How F'ag„eds Pipe shall be placed on the site of the work parallel with the trench Alignment and with boll ends facing the direction in which the work will proceed unless otherwise directed. (d) Pipe Kent Cleans The itsterior of all pipe, fittings and other accessories shall be kept free from dirt and foreign matter at all times until installed and accepted by the Owner. 16-ga ALIOtEN,TAN O AD_Et All pipe shall be laid and maintained in the required lines and gradest with fittings and valves at the required looa.. tionsl and with joints centered and spigots homes and with all valve stems plumb. (a) Proteot na Underground and $Wave _§t uol rAss Temporary support, adequate protection and maintenance of all underground and surface utility struoturee, water services, gas services, oil and gas lines, poles, guy wires, drains, sewers, and other obstructions encountered in the progress of the work shall be furnished by the Contractor at his own expense under the direction of the Engineer. (b) Deyi ons.Occasioned by Lhher Utility Struoturess Wherever existing utility structured or branch connections leading to main sewers or storm sewers, or other conduits, ducts, pipes or structures present obstructions to the grade and alignment of the pipe, they shall be permanently supporVed, removed, relooated, or reconstructed by the Cone tractor through cooperation with the Owner of the utility, structure, or obstruction. Where it is neoessary to move services, poles, guy wires, pipe lines or other obstructions the Contractor shall notify and coop.. orate with the utility owner. In those instances where their relocations or reconstruction is impraotioable, a deviation from line and grade will be ordered, and the change shall be made in the manner directed. (c) Mgggoo Explorations Whenever necessary to determine the location of existing pipes, valves, or other underground structures, the Contractor after an examination of available records shall make all explorations and excavations for such purpose. 1646 CAVAT O, N AND E AUTION OF TRENCF3I The trench shall be dug to the alignment and epttt required, The french shall be braced if necessary and drained so that workmen may work therein safely and efficiently. It )0 r is essential that the discharge from any pumps be led to natural drainage channels to drains, or to storm sewers. Excavation will be unclassified. (a) Widthi Minimum width of trench shall be six (b) inches outside of barrel of pipe on each side of pipe. Maximum width of trench shall be nine (9) inches outside of barrel of pipe on each side of pipe, Sides of trench shall be dug and maintained substantially vertical. (b) Pine Bearings Pipe trench shall be excavated to an even grade so that bottom of pipe will rest on bottom of trench throughout the entire length of pipe. Foundation for pipe will, be supplemented by gravel or tamped backfilling as hereinafter specified. (o) correcting t Grades Any part of the tronch excavated below grade shall be corrected with approved material, thoroughly oompacteds (d) p 'e Ole a rai in._._ Roaki Ledge rook, rook fragments or unyield- i shale or marl s~a1~1 be removed to provide a clearance of at least six (6 inches below all parts of the pipe, valves or fittings. Adequate clearance for properly jointing pipe laid in rock trenches shall be pro. vided at bell holes. (e) S__u tgr ir,1,,kook Trent s Excavation below sub-grade in rook or unyielding shale or marl shall be refilled to sub..grade with approved gravelly material, thoroughly compacted. (f) Blas_ tinEropsdurei Blasting for excavation will be permitted only after proper precautions are taken for the protection of persons and property. Any damage caused by blasting shall be repaired by the Can. traotor at his expense. The Contractor's methods of procedure relative to blasting shall oonform to local state laws. (g) B 1 Ho gg Requires Bell holes of ample dimensions shall be dug in trenches at each joints if required, to permit tho jointing to be made properly. (h) rJQ and Shoet Trenhoes Merevor necossary to prevent caving, excavation sha1T ba adequately sheeted and braced. Where sheeting and braving are used, the trench width shall, be increased accordingly, Trench sheeting shall remain in place until the pipe has been laid, tested for defeats and repaired if necassary and the earth around it compacted to a depth of two fort over the top of the pipe, (i) Care of rf ce Mat r 1 for H 4 es If local conditione permit their reuse, all surface materials suitable for re-use in restoring the surface shall be kc; t separate from the general excava- tion material. 3l 0) Ma e f Piling Exo d Mate alt All excavated material shall be piled in a manner the will no endanger the work. (k) Tren h h y aohine or by Hands The use of trenoh-digging machinery will be permitted except in places where operation of same will cause damage to existing structures above or below ground; in which case hand methods shall be employed, (1) BarrSOadea OuBrds and fet P ov n t To protect persons from injury and to avoid property ~degquale barricades, construe- tion signs, torches, red lanterns and guardo as required shall be placed and maintained during the process of the oonstruction work and until it is safe for traffic to use the trenched highway. Whenever required, watchmen shtAl be provided to prevent aooidentss no extra oompensation will be allowed therefor. Rules and regulations of the local authorities respecting safety provisions shall be observed. (m) Traffic and Utility Controles Excavations for pipe laying opera- tiona fill be oonduote in D. ;canner to cause the least interruptions to traffic. Where traffic must cross open trenches the Contraotor shall pro- vide suitable bridges at road and street intersections. (n) Flaw of Drains and Qs H2rs Maintained) Adequate provision shall be made for the flow of sewers, drains and water courses encountered during oonstruotion, and the structures which may have been disturbed shall be satisfactorily restored upon completion of the work. (o) Prroaert ko otio s Trees, fences, poles, and all other property shall be pru,aoted unless their removal is authorized and any property damaged shall be satisfactorily restored by the Contractor, 1s.7.. :;,'PE -HANDLING Proper implements, tools and facilities shall be provided and used by the Contractor for the safe and convenient prosecution of the work. All pipe, fittings and valves shall be carefully lowered into the trench piece by piece by means of d.,arriok ropes or other suitable tools or equipment, in such manner as to prevent damage to pipe or pipe coating. Under no circumstances shall pipe or accessories be dropped or dumped into the trench. Before lowering and while suspended, the pipe shall be inspected for defects, my defeotive, damaged or unsound pipe shall be re,)eetedo l 6 P29 t (a) ~jll En o Facp Direo io o, air t Unless otherwise direoted, pipe shall be laid with bell ends facing in t direction of laying; and for lines on an appreciable elope, belle shall, at the discretion of the Engineer, Taos up-grade. 4 32 (b) Per si be 1 do a at J'ointsr Whevarever necessary to deflect pipe from a straight line, either in the vertical or horizontal plane to avoid obstructions, to plumb stems, or for other reasons the degree of deflection shall not exceed that reooir!nndsd by -the pipe manu- faoturer. (o) Un uit b e Condit one for Laving Pi fit No pipe ahall be laid in water, or when the trenoh conditions or the weather is unsuitable for such work, except when approved by the engineer. (d) Concrete BaokinxI Concrete as herein specified Mall be used as a cradle or backing, where shown on the plans or where directed by the Engineer. Bends of 221 degrees or more, orosees with one opening plugged and all teas shall be backed with concrete as a thrust backing, Backing shall be placed between solid ground and the fitting to be anchored; the area of bearing on pipe and on ground in each instance shall be that required by the Engineer. The backing shall, unless other-- wise direoted, be so placed that the pipe and fitting Joints will be accessible for repair. (e) ravitrn Cast Iron Pinei After placing a length of pipe in the , the paok ng mat" mater o trenoh r the joint shall be held around the bottom of the spigot, so that it will enter the bell as the pipe iv shoved into position. The spigot shall be centered in the bell, the pipe forced "home" and brought into true alignment, it shall be secured there 1,Ith earth carefully tamped under and on each side of it, except at the holes. Care shall be taken to prevent dirt from entering the joint space. No "blocking up" of pipe or Joints will be permitted. (f~ l a Pros Installation of asbestos-cement pipe shall be in accordance wi he manufacturer's recommendations, The asbestos-cement pipe shall be laid on gravel mounds after a coupling hole has been excavated. These mounds shall be approximately twelve (12) inches and three (3) inches high, The mounds shall be placed under the word "Blocking" stenciled on the pipe by the manufacturer. Before the pipe is lowered into the trenoh, the location of the blocking in the bottom of the trench shall be determined by measurement, The mounds at these points shall be adjusted firmly into position and the proper grade seoured. Aebestos-eament pipe shall be placed in gravel embedment, as hereinafter specified. Where available from excavated materials, the asbestoewoement pipe many, at the request of the Engineer, be placed in sandy material and the sandy material installed to above the top of pipe. (g) La~ vin_ar_Concre 1 Pi i The laying of oon.-rete cylinder pipe shall be in aooordanoe wit: t e manufacturer's recommendations except as provided in these speoificatione, Wnen the pipe is being laid, the rubbor gasket shall be placed in the groove of the epigot end, The spigot shall be telescoped into the metal sleeve. The rubber gasket and the inside of the metal sleeve shall be lubricated by flaxseed soap to assure 33 (b) Permieaible De lectione at Jointst Wheverever necessary to deflect pipe from a atraight line, either in the vertical or horizontal plane to avoid obstructions, to plumb stems, or for other reasons the degree of deflection shall not exceed that recommended by the pipe manu.. faoturer. (a) suitable Conditions-for Laying Pipet No pipe shall be laid in water, or when the trench conditions or the weather is unsuitable for such work, except' when approved by the engineer. (d) Concrete Concrete as herein specified shall be used as a cradle or backing, where shown on the plans or where directed by the Engineers Bends of 221 degrees or more, crosses with one opening plugged and all tees shall be backed with concrete as a thrust backing, Backing shall be placed betweet; solid ground and the fitting to be anohoredt the area of bearing on pipe and on ground in each instance shall be that required by the Engineer. The backing shall, unless other. wise directed, be so placed that the pipe and fitting Joints will be aoceiisible for repair. (e) haying CA$ iron Pipes After placing a length of pipe in the trench, the packing material or the joint shall be held around the bottom of the spigot, so that it will enter the bell as the pipe is shoved into position, The spigot shall be centered in the bell, the pipe forced "home" and brought into true alignment, it shall be secured there with earth carefully tamped under and on each bide of it, except at the holes. Care shall be taken to prevent dirt from entering the Joint space. No "blocking up" of pipe or Joints will be permitted. (f) 3ina Aiabestos.Cement Pipes Installation of asbestos-aement pipe shall be in acoordance wit the manufaoturer0s recommendations. The asbestos-cement pipe shall be laid on gravel mounds after a coupling hole has been exoaVateds These mounds shall be approximately twelve (12) inches and three (3) inches high. The mounds shall be placed under the word "Blocking" stenciled on the pipe by the manufacturer. Before the pipe is lowered int) the trenchs the location of the blocking in the bottom of the trench shall be determined by measurement. The mounds at these points shall be adjusted firmly into position and the proper grade seou:edo Asbestoo-cement pipe shall be placed in gr,.;,el embedment, us hereinafter specificl. Where available from excavated materials, the asbestos.•uement pipe may, at the request of the Engineor, be placed in sandy material and the sandy material installed to above the top of pipe, (g) Laying Concrete- Cylinder Pipet The laying of concrete cylinder pipe shall be in accordance with t e manufacturer's recommendations except as provided in these specifications. When the pipe is being laid, the rubber gasket shall be placed in the groove of the tpigot and, The spigot shall be telescoped into the metal sleeve. The rubber gasket and the inside of the metal sleeve shall be lubricated by flaxseed soap to assure 33 proper closure of the ,joint, The inside Joint recess between ends of the pipe sections shall have a maximum width of 1" and 1/4", respectively, No "blocking up" of pipe or joints will be permitted, Just prior to the making of the ,joint, the bell end of the pipe shall be "buttered' with sufficient grout to completely fill the inside joint recess when the joint is made, After placing the pipe together the inter- ior shall be "pointed up" and cleaned. Foy pipes 2,811 and larger, this shall be accomplished by putting a man inside the pipe to do the finishing work. For pipe 17" and smaller, the interior shall be thoroughly swabbed and cleaned. The exterior joint shall be filled with a stiff consistency of grout. The grout shall be wiped and packed into the exterior joint recess so as to completely fill the groove, and to provide a continuous band of mortar cover. This mortar cover shall be properly cured to prevent drying out. The grout used i'or making the oint shall consist of one part Portland cement to two parts of tine, sharp plaster) sand. Careful inspection shall be made of every joint to insure a smooth, continuous interior surface, The interior of the pipe shall be thoroughly cleaned and any obstruotions removed that may reduce its carrying capacity. Following completion of pipe line .progressively or in sootiong, including completion of inside joints and inspeotionst insofar as might be possible or praotioable, the line shall be kept filled with water, Wherever neoeerary to deflect pipe from a straight line, either in the vertical or horizontal plane, to avoid obstruotion, to plumb stems, or for other reasons, the degree of deflection shall be subject to the approval of the Engiusael- 16. JO1UjItQP IPEI Pipe shall be jointed as herein specified and/or according to the manufacturer. Field cutting of concrete cylinder pipe shall not be acceptable without written approval of the Engineer and complete details drawn up and approved, Cutting of pipe for Inserting valves, fittings, or closure pieces shall be done in a.neat and workman. like manner without damage to the pipe, (a) P i T h W t from Entering Pi 1 At times when pipe laying is not in progress, he open ends o pipe shall be closed by approved means, and no trench water shall be permitted to enter the pipe. (b) Preparation of Ca t Iron Pi, e E Before laying oast iron pipe, all lumps, blisters and excess coal-tar acoating shall be removed from the bell and spigot ends of each pipet tha pipe ends shall then b! wire brushed and wiped until clean and dry. Oil and grease also shall be removed. Pipe endo shall be kept clean until joints are made. '34 (c) Jointing Material for Cast Iron Pipet Pipe joints shall be sealed with pig lead following the preparation of the joint base with yarning material as hereinafter speoifiod. Wet conneotions, valves, fittings and "out-ins" shall hAve Joints sealed with lead, (d) Vaokinu Mater ialst Cast iron pipe joints shall be packed with treated paper rope, molded or tubular rubber rings or other suitable material which has the approval of the Engineer, All packing material shall be free from ail, greasy substances or tar, and shall be sterilized by boiling in water, or by other means, free from contamination and applied dry. (The sterilizing should preferably be done by the manufacturer), (e) Installing panic Materials Wherever a single strand of packing material is required in join ingg the material shall be out to such length that the strand will reach entirely around the pipe with ends overlapping not less than two inches. Wherever more than a single strand is required, it shall be out to sufficient length so that the ends meet without causing overlap, These ends should meet on oppobite sides of the pipe and not on the top or bottom. Molded or tubular rubber rings shall be designed to fit the size pipe that is to be used. The packing material shall be of proper dimension to center the spigot in the bell. Successive etrAnds of packing materials as required, shall be driven home separately. Each strand shall be thoroughly packed and hammered into the joint with suitable yarning tools, (f) Depth of Jon i Materials For lead joints a space not less than 2~ inches in depth shall be left n tho bell for pipe having a nominal dia.. meter of 20 inches or lsae. (g) Spe~ifi_oatione f,or__Leads bead for caulking purposes shall con- tain not lams than 89,73 percent pure lead. Impurities shall not exceed the following limits Arsenio, Antimony and Tin together 0,015 percent Copper 0,08 Zinc percent Iron 0,002 percent Iron 0,002 percent 0,25 percent Silver 0,02 percent (h) erongr,Heat for Leadt Lead shall be heated in a melting pot kept near the joint to be poured$ brought to a proper temperature smah that when stirred it will show a rapid change of color and that when poured into the joint apaoe, it vtill insure a perfect joint, Before pouring, all soum shall be removed. 35 (i) Position of. Joint Runner for Lead Jointer The joint runner shall fit snugly against the face of the bell and the outside of the pipe, and shall be dammed with clay at the pouring gate to provide for filling the joint even with the top of the bell, Q) -Lead Joints de withal Pourt Each joint shall be made with one pour, filling the joint space. (k) Cgtl~kinr' Led J., t I After cooling to the temperature of the pipe, lead joints shall be caulked by means of pneumatic tools or by hand tools, by competent workmen until thoroughly compacted, making water. tight joints without overstraining the bells. (1) R],aoinn DefectiveJointlt If a poured joint is defective, it shall be out out :and entirely replaoed. 1 410 and `~t As soon as praoticable after the completion of laying jointing c the pipe, the trench shall be baokfillod as herein specified. (a) Saokffl7 Procedure 4onp1 Except in roadways or across streets and highways, the aot i above 12" above the top of pipe may be placed in the trench by any method desired, provided care is taken that such methods do not disturb or injure the pipe line. Excess materials shall be neatly rounded over the trenohe The backfill shall be jetted for oompactiun. (b) R, k and Rook Fr i el t No rook fragments, or large compacted masses of dirt shall ' the baokfill for at least one foot above the top of the pipes (c) Pro d,~r w r §OttlepgD~ is m rtantt Where the trench lies in paved stree e, the ocf l shall be ma -de entirely of pit-run gravel material, from which stones of 3u size or larger have been removed. Care shall be taken to tamp the gravel under and around the pipe, in 6 inch layers, to a level 6" above the top of the pipe. Then -fill the trench with pit-run gravel to the level of the top of the pavements; which shall be thoroughly compacted by jetting with water. The contractor may compact the baol,Xill by using a pressure water ,jet, Li which case the water shall be provided by the Owner at the points designated by the Owner, (d) o f ll for to -C met end C~ cn" or, to Cylinder Pinet Where Asbestos. Cemen+, or Conorete Cy in r pipe is used, after the pipe is laid and couplings oompleted, the trench shall be baokfilled with pit-run gravel, in layers, and the gravel ahal.l be thoroughly worked under the pipe to give solid supportl after which tho trench shall be filled to the level of the centerline of the pipe with additional gravel, 36 Above the renter line of the pipe the trenoh shall be backfilled with earth removed in exoavating the trenoh, and the same shall be thoroughly oompaoted, Where settlement is important (under all present and future paved areas) the fill shall be oompleted with gravel, 3? 17, aaTE VALVES Anm VaI,VE XF~ Gate valved shall, be hub-and for installing below ground, double disc, parallel seat, iron body brass or bronze mounted and conforming with the American Water Works AssooJiAtion Specifications for Gate Valves for Ordinary Water Works Service, Valves shall be non-rising stem and shall close by turning clockwise. For each gate valve, the Contractor shall furnish and install a cast iron valve box, Valve boxes nhall be three piece cast iron valve boxes of the extension type and shall be similar and equal to Clow F-2450 with No. 6 base, 18, _CONCRp>~'E FOR BTACKT~2& Concrete shall be of portlaml cement, Sine aggregate (clean, sharp, well graded sand) and coarse aggregate (olean, sound, well graded gravel or crushed atone), all materials complying with the latbst specifications of the American Society for Testing Materials. Materials shall be properly proportioned and mixed and concreets shall have a 28-day compressive strength of not less than 1500 l'bs, per square inch and shall contain not less than four (4) sacks of cement per cubic yard. Concrete shall be mixed for If minutes in an approved batch mixer. Concrete shall be placed in forms and shall be well spaded against forms, Spading shall be done with spading implements and/or mechanical vibrators in such a manner as to leave the concrete a dense mass, free from voids, Forms for concrete may be wood or steel construotion of substantial character sufficiently strong, properly tied with wires or by form ties, braced and anchored in place to withstand shooks due to construction and to prevent distortion or buckling and shall be tight and well fitted to avoid leakage of cement, Blocking shall be placed at bends, tees, crosses and plugs in pipe lines, The concrete blooking shall be placed so as to rest against firm undisturbed trench walls, The supporting area for each block shall be at least as great as that indicated on the plans and shall be sufficient to withstand the thrust, including water hammer, which may develop. Each block shall rest on a firm undisturbed foundation of trenoh bottom, Concrete cradle shall be placed under in areas of unsatisfactory foundation condition or wheretthere is an Engineer excessive cover over the pipe, Cradle shall be of section as shown oi, the plans or as otherwise directed by the Engineer, 36 WET CO. NtECTIAN As indicated on the plans, a out-in must be made by the Contractor in order to connect the new main to the existing concrete cylinder pipe main. This out-in shall be made using a tapping saddle and tapping valve. This work shall be done in a neat and workmanlike manner so as to avoid damaging the pipe. The Contractor Shall do the excavation, connecting to the existing main, de-watering the trench, and the sett.:"; of rcessary specials and valves, as shown on the plans, and/or to the approve) of the Engineer. iZ PAVEMC CUT. AND }tEpI CEMENT It is not intended that any pavement be out during the progress of this work, Where pavement is or-ossed, the Contractor shall bore and/or tunnel under the pavement and place oasing to house the water main, Any sidewalks or driveways that are out, or damaged, by the Contractor shall be replaced by him at his own expense, to a oonutition equally as good as before this work began. Where the Contractor cuts gravel or other type driveways, he shall replace the surface, to thl~ satisfaction of the Engi.. near, in a condition equally as good as before work started. 21 TAPS Service tape shall be furnished and installed by the Contractor as requested by the Engineer, Taps for air release shall be as shown on the plans, 22, 0, tIMETS Outlets for future connections shall be installed as sho,;,3 on the drawings and as requested by the Engineer. The outlets shall be oomplete with flanged or plugged ends. Where oast iron or asbeetos-cement pipe is used, the fittings shall be blocked with oonorcte as elsewhere specified. 29, U. S. HTa MI Y 72 ROSsIM0 The crossing of U. S, Highway 77 shall include all work shown within the limits shown on the plans between Sta, 13 + 00 and Sta, 22 + Oj, The Owner has previously installed the two casings on each side of U, SoAgh. way 77 and has installed 12-inch oast iron pipe, Lone Star Steel Co, Eell.Ti.te ,inside the two casings, The Contractor uhall complete the work and make connections to the pipe placed by the Owner, The crossing of F.M, Road 2181 shall be made by the Contractor as a part of this work, The Contraotor shall bore under the pavement and place 21-inch corrugated galvanized steel culvert pipe, 12 gauge, inside the bored hole, Casing shall extend to ten (100) feet outside the edge of pavement on earn side, Top of casing shall be not leas than four (40) 39 feet below crown of road surface and care shall be taken to fill all ' voids around casing with sandy material or concrete, Water main for this part of the work shall be 12_inoh cast iron pipe, as eleewhere speoified. Fittings and bends shall be oast iron and shall include the 1/8 bend at Sta. 13 + 00 and the tee and plug at Sta, 22 + 05. Joints shall be made using 'Sell-Tito" Joints for the pipe and lead for the fittings, The Contractor shall verify and check the pipe previously installed by the Owner, The area under the overpass will require han0 -trenohing. Care shall be taken to avoid damage to the highway struo~ures, All work within the limits ofi the State Controlled Highways shall meet the requirements of the State Highway Department, The Contractor shall cooperate fully with the Highway Department in performing this work to their satisfaction. , 4O ` 24,. HYDROSTATIC TESTS (a) Pressure D-A-- Tastt After the pipe has boon laid and baokfi'lled, each valved section of the newly laid pipe shall be subjected to a hydro- statio pressure tests The pressure applied for the section being tested tv-v t shall be such that the resulting pressure will be as shown on the plans, and is the head from the test pressure grade line to the top of the pipe at that point, (b) DAIllon of Pressure Tests The duration of each pressure test shall be four (4) hours. (o) PrQOedurer Each valved section of pipe shall be slowly filled with water and the specified test pressure shall be supplied by means of a pump oonneoted to the pipe in a satisfactory manner, The pump, pipe aonneotions, and all necessary apparatus, including gauges and meters, shall be furnished by the Contractor, and the Contractor shall furnish all necessary labor for conducting the tests. The Owner will furnish through connections to existing' main water for filling line and making testes (d) a, i Ai_ Before a LL Before applying the specified test bbes pressure, all a r s al Be expellee! from the pipe. To accomplish this, ' taps may be We at the Contractor's expense, if neoeseary,at points of highest elevation and afterwards }sightly plugged. (e) nation Utx3er Preseuret At intervals during the testa the route of the pipe line shall be inspected to locate any leaks or breaks, Any defective joints, cracked or defectivo pipe, fittings or valves dis- covered in ooneequenoe of this pressure test shall be removed and replaced with sound material in the manner provided and the test shall be repeated until satisfactory results are obtained. (f) Lt_rmJ ibl,e Ieakaaer No pipe installation will be accepted until or unless the leakage is less than 50 gallons per 24 hours per m ile of pipe per inch nominal diameter, for pipe in twelve (12) foot lengths, For pipe in other than twelve (12) foot lengths, the permissiblo leakage will be adjusted on the basis of joints per mile as oompared with the permissible leakage for twelve (12) foot lengths. Shnuld any test for oombt.ned sections of pipe laid disclose leakage for mile of pipe greater than that specified, or if individual sections show leakage greater than 25 per cent above the specified limit, the Con.. tractor shall at his own expense locate and repair the defective joints until the leakage is within the specified allovanoo, (h) Jak ¢e Deffia&dt Leakage is defined as the quantity of water to be supplied into the newly laid pipe or any valved section of it, necessary to maintain the specified leakage test pressure after the pipe has been filled with water and the air expelled. 41 L"-§y , D MATION OF LINES The Contractor shall sterilize all new mains, furnishing all labor, equipmen+, and material necessary to the complete sterilization of tie main as herein provided and to the satisfaction of the Engineer, Mains tha11, be sterilized by the application of a chlorinating agent into the water used for the initial filling of the mains, The chlorinating agent may b( a ohi.krine gas-water mixture, calcium lime of known chlorine content in water and shall benfedtthroughoalsuitable r e solution-feed device. The chlorinating agent shall be applied at or near the beginning point from which the main is being filled and shall be injected into the main through a, oorpoeation cook tapped into the horizontal axis of the newly laid pipe. The water being used to fill the line shall be con- trolled to flow into the section to be sterilized very slowly and the rate of application of the chlorinating agent shall be in such proportion to the rate of water entering the pipe that the chlorine dose applied to the water shall be at least 50 parts per million. The chlorine treated water shall be retain ed in the main until the completion of the pressure test herein- before specified (not leap than three hours), treated water shall be flashed from the mains untFollit ilrthegreplacementcwaterl shall have a chlorine content not in excess of 0.2 parts per million, and no water containing a higher chlorine content shall be permitted to flow into the existing system. 2G. FINAL CLEANUP Upon the completion of the project as a whole covered by these Contract Documents ani before final acceptance and final payment will be made, the Contractor 9hall clean and remove from the site of the project surplus and discarded materials, temporary structures and debris of every kind. He shall leave the site of all work in a neat and orderly condition equal to that which originally existed, Surplus and waste materials removed from the site of the work shall be disposed of at ;Locations satisfactory to the Engineer. Contractor shall guarantee all the work against defective materials, and warkrwiship, and shall guarantee the required field test for leakage, all for a perm of six months bey;,nd the date of written acceptance of the work by the City. The performance bond shall be extended six months to cover this guarantee, xBWN, SHRI A $ The Contractor shall protect all lawns, shrubs and trees along the route of the work. Where St, Augustine, or carpet grass is out, the Con- tractor shall remove the grass, protect it. and replace it after pipe is 42 laid and baokfilleds Where shrubs interfere with tho work, tho Contraotor shall remove the shrubs with burlap-wrapped balls of earth around the root systom, protoot the shrubs and replant in original looation slier baokfilling is completed. Trees along the route of the work shall be protected and no live tree roots larger than two inohes in diameter shall be out without the con9ent of the Owners Proteotion of private lawns shall be the responsibility of the Contraotor, The cost of proteoting private lawns, moving and handling grease, trees and shrubs shall be inoluded in the unit prices bid for pipe and fittings, i 43 29. MEA19WEM S AND PA'xMF- (a) Ogrer4lt The bid itemn inoludo the work of ovary nature raquired for the oomplote i.netallation exoept as may be othoewino providod for in these detail specifications. Contractor shall include, all of the work, including any inoidental work, in his bid prices. (b) EI Pipe, cast iron, asbestos ooment, or concrete oylinder, whichever is used, shall be paid for at the unit pria a bid. Measurement shall be from end to and of completed main line, or completed sections of line without any deduction for valves, fittings, special construction, etc. (e) Pica FittiW Main line fittings shall be paid for at the lump sum bid for fittings shown on the plans, excluding air release taps and servioo taps. The fittings shown, or required, for U, S. highway crossing shall be included in the lump sum bid for the highway crossing. Main line fittings shall include the tapping sleeve and tapping valve where crater main begins. The main line fittings shall inolurie all costs for fittings in place, except concrete blocking. (d) Yalvosl Gate valves shall be paid for at the unit price bid for each. Which price shall include the cost of furnishing and installing ~i valve and valve box, complete in place, (e) Coonapte for Blooking and Cradle: Concrete for blocking and cradle s shall be paid for at the unit price bid for the amount actually installed. (f) U. S. Highway 7'7 Croasi The lump sum bid for this work shall be complete payment for the work as described, specified and shown on the plane. (g) Pit Run grgvelL Baoklilling with pit-run gravel will be paid for by the cubic yard, Measurement shall be based upon a trench width equal to the inside diameter of the pipe plus eighteen (18") inches and a depth as shown on plans The schedule of quantities shown on the plans shall govern, without additions duo to valves or other reasons. (h) t rj t of Succly Line~_ Payment for sterilizing the main shall be included in the unit prices bid for pipe and fittings, (i) Other 5psoijj Construe ion:. Costs for construction not otherwise described in Measurement and Payment, but included in the Proposal, shall include all costs in addition to prices bid for pipe, fittings, valves, oonerete, valve boxes and pavoment replacement. • Any construction that is required but not included in the Proposal shall be included in the unit prices bidl however, changes and additions may be paid for in accordance with the General Conditions of the Agreement. 44