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HomeMy WebLinkAbout09-1966 r C (A PY v CITY OF DENTON, TEXAS Specifications and Contract Documents For the Construction of HANGAR AND OFFICE BUILDINGS AT DENTON MUNICIPAL AIRPORT Prepared by, DEPARTMENT OF COMMUNITY DEVELOPMENT Tli CITY OF DENTON DENTON, S SEPTEMB , 1466 r>. ~J 4' 1 AI~SPORT RO TRANSPORT INSURANCE AGENCY DALLAS ► 4100 HARRY HINES BLVD. • DALLAS, TEXAS 75219 • LAkeslde &V 76 December 8, 1966 Mr. Robert Pearce City Engineer City Hall Denton, Texas Re: James W. House and 0. K. Hanna d/b/a House and Fianna Iron Works, a Partnership UnitAd States Fidellty & Dluaranty CaTpany+ Payment and Performance Bond No. 67765-12-1898-66 Dear Mr. Pearce: Enclosed for filing on behalf of the captioned is Paymnt and Performance Bond No,, 67765-12-1898-66 which has been silted by MefArs. House and Hama and executed by us on behalf of the Surety. Receipt is acknowledged of the copy of the Specifications and Contract Documents and we wish to thank you for your assistance in this matter. We trust you will find the enclosures in proper order; however, if we can be of further assistance, please let us know. Yours very truly, Mark Anthony Agency Director MA/jd e ncl. cc: Mr. 0. K. Hanna House and Hanna Iron Works 2152 East Irving Blvd. Irving, Texas TRANSPORT INSURANCE COMPANY TRANSPORT LIFE I's. -AANCE COMPANY • TRANSPORT ENGINEERING SERVICE TRANSPORT INSURANCE AGENCY 411oal OINtii: AKRON • ATLANTA • CALLAS • 4DUSTON • KANSAS CITY • NEWARK • OK!JIHOMA CITY • ST. LOUIS • TULSA • WASNINGTON, D.C. • WINSTON-SALEM L. ,',rty j;-'7..'C'` Yr'~'•j.V••~'r-, ~~YF:! Ell :l!•~~'L` :'0~1,a :a.9fiSrit r< f 6 /11. N1 1 ~ B. l{ a...~ ® (~S AFIIII,i ',Sfi UNITED SATES FID GUARANTY COMPANY DAL , TEXAS STATUTORY PERFORMANCE BOND g.r 'r •,i (Penahy of this bond must be 100% of Controd @meunt) yl STATE OF TEXAS COUNTY OF &ONO NuMSes 67765"12-1898-66 F ! KNOW ALL MEN BY THESE PRESENTS: .a' James W. House and C. K. Hanna d/b/a House and Hanna Ircn Works, Thet____...... a artnershi P.._ _Q-_ (hereinafter coiled the Principal), as Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized under the laws of the State of Maryland, and duly authorized to do business in the State of Texas, (hereinafter called the Suroly), as Surety, ore held and firmly by,und unto . ---------•--•-6#t~i31-6~•-~t~iEx3~-•~ef!#~Ek'li--~lE88-•------------- _ _ (hereinafter called the Obligee), in the penal sum of___21d@rity-llYS..'I?1Ct1Kat]d..t~12~e..hlt~dllBd.____ a r r r r r r r r r r r r r r r r. r r r r r r r r r r r I (12500000) -Dollars F_ 1-__._25F30G4 0-___ for the payment of which sum well and truly to be m,Ade, we bind ourselves, . E„ our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents, WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated th10th day of......... OYembt3r -___._-19___.66., a copy of which is hereto attached and made a part hereof, for ' Construction of the cne-stcry metal airplane "r hangar, ccntaing s' space for ten (10) atlva aft a :f NOW, THEREFORE, THE CONDITION Of THIS OBLIGATION IS SUCH, that if the said Principal shall faith. fully perform the work In accordance with the plans, specifications and contract documents, then this obiiga• G: lion shall be voids otherwise to remain in full force and effect. PROVIDED, HOWEVER,, that this bond Is executed pursuant to the provisions of Article 5160, Chapter d 1J of Vernon's Revised Clvi-.btatutes of Texas as amended by the Acts of the Regular Session of the 56th Legis• lature,1959, and all liabilities on this bond shall be determined In accordance with the provisions thereof to the same extent as if It were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this ---6th day of...... DeQ91tter............ 19-_66.._., r e' (Seat) a ED ST S FIDELITY AND TY COMPANY Cootad 21 s 1 Torn 1 46401 M: rL'h,. u' _..71a~~. lli3~ ..k.~ /l) , _ /11151 _~LIuY.,.: ill ..r6•. f:i..l f1 b.ii: t WjiL (CERTIFIED COPY) GENERAL POWER OF ATTORNEY No....... 7 716 8.......... gusto all Mss $y tiess Praurstst f That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organised sad o lstlal mods the laws of the lute of Marylud, and lades Its principal o9to at the City of Baltimore, to the State of Marylood, door hereby, constitute and appolat Hark Anthony of the City of Dallas , state of Texas its true and lawful otussey Is sad for the State of Texas for tb follewiag Purposes, to will To miss Its tea as surety to, and to eaecate, soal and me►mowf@dge say and ail bonds, anal to respectively de tad perform may and ell acts sad thlosm sat forth Is tike resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a cortified copy of wldch is berets safend sad made a part of this Power of Aturaeyl tad the sold UNITED STATES FIDEUTY AND GUARANTY OOMPANY, through us, Its hoard of Directors, hereby ratifies and coo6rmt all read wbationer the tall Nark Anthony say lawfully do Is the promises by ►frew of thew prownse to M'Itnen Vb*rseJ, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused All, laategene to Ira nested with its aryonte seal, duly attowd by the olseaturea of Its Vice•Preddent sad Asstusft Soerplary, the jay s t day of October , A. D. It 66 , UNITED STATES 'frimEnrY AND GUARANTY COMPANY. (Signed) ay Hu84 . lf4 ..RichelP_4.......... (SUL) Vkatreatdnr. (Signed) M14fNf ~r.y. STATS Of +tARYL4M rt BALTIMORE CITY, Oa slab 1611 der of October , A. D. It 63, before we persaaallr came Hugh Be Hicheson , Vico•Presideat of the UNITED STATES FIDELITY AND GUARANTY COMPANY and As We , Qrif fith , Asehteat Secretary of said Corpasy, with both of or it I is Psesossby fcqusl'atad, w►a "a by as sereraUy duly rwors, said list tkmr r.slded L the City of Salda ors, Maryland$ shit 444. the said Hugh Ls Riehltdon led A. N, Griffith tram too &Nsfr the Yke-Prseidese` od ell Abobtiat Secretary of the mild UNITED $TAT%$ FIDELITY AND GUARANTY COMPANY, tbo tort porsdoe desedbod Is coed whkh etmmud da IsesSolas Power of Atunsyl that shy sock knew oho seal of said corporadeal Ast she tool sittod N sold Pe"t of Attany was look oorperate coal, that It was w a nit by order of clam A"zil s1 Dirmers of WA off"e!- dw, "end title they dgwd their ssmw tlaeteto by Ww order so VPneideat nod Asdeuao Seoeoeorr, sospsellrelys pf ohs Ceispar. My eottmtaalosl asom the first day to dalr, A, D. ISM: Ja) (signed) O'xi~a: If►rtxy ~aildr. STAYS OF KARYLANDi lat. S""MOAR CITY, 4 Jeilell R, Carney dirt of At SSPI&V Co►ta ►f BaldrMtt 01t,'rWell flout Is a Csuri of Record, sea $00 a seal, if hereby Wolf list Anne W OeBrien , Ee*SIe1, betoM whoa eke saaaa`id aRdarlti wire moth, and let kit tbobtte absedbed We aaAd, •msb' d the tide ►f do dofag a Roofer Public id t►a slit of usrylsl/, V aid fee tti city of Balamot0, lof f cortrfoeht►ed'0dd MOti a A outhorly0d by leer to ademitblsk "the nod ore ukaewledgm ari, ae proof d Geode !r lae'retiifdid ehex'Id.' i frtde> eolelf9 dtdl I Ire aegaata!►d ♦!et she ifudnrrWaj If its sell Noun, turd roritr bdlna the As""" to fee Ile genulse a'-Anneor, ` is $affsdiy' bdrrN , f boric irti It Labd dad cost t'4 44441 26 SopotMe C►ifrt of flaldaMh Clef, eke Who beds a C#dit of '%WN 100 `ay N' ' tOetober, s r L•. 1147D.111 66. t , , r r (Seal) (Sig>3ed) --CCkr 01 deSip AbrrCol U"WeCity. 70 2 (74M T OOP! Of RISOLUTiON rJol wbrtear, it is mecetsary for the efrctual trasalrtles of buslasts that Ali Cempay nppelat aseats sad atteraeyt with power sad authority to act for It and In fee name to Stater other than Maryland, aad in the Territorial of the Uafted States sad is the Prey iueee of the Domlalem of Canada and in the Colony of Newfeuadlsd. rAspOra, be it Xesolood, that this Company 4 and it hereby does, aethatlae sod empower Its Prorldat or either of its Yin. Preaidats Is eosJunceks with Its Secretary or oa of Its Atahtset Secratorks, under Its corporate seal, to appal t nay parses or persons so ■ttoruoy or attorarrt•L•hct, of ostst or apse of laid CompaSr, Ice In name aad al to set, to aalstO aad deliver ay led all con- tracts gusraatetinf the lidelity of persons bolding positions of public or private troll, guaraateeias Ike performances of contracts ether this insurance policies and executing or guaranteeing bonds sad sadertsitop, regslred of permitted Im dl actteas or procaldiass, of by law allowed, and Alto, to its name aad as Its atsormay or attermoye•ia-/act, or *goal Or @State to aecute aad g,Iaraten the caadia%se of may aad all beads, racesafaaees, ablaptions, stlpalstbas, sadereakieSs or maythiag is the asters of either of the same, which are or may by law, mealcipat or otherwise, or by any Statute of the United States or of nay State or Territory of the Ualted States or of the Previsces of the Dotdmlom of Canada or of the Cofoay of Newfoundland, or by she ruler, regulatleas. Orden, csatame, practice or discretion of nay board, body, organisation. once or officer, local, musicipal or otherwise, be allowed, required or permitted to be executed, made, taken, fives, tendered, accepted, sled or recorded for the security or protection of, by or f@I say parson or patient, corporation, body, Office, Interest, municipality or Stitt arsoclatiom or orsa.i ttloa whatsoever, is any sod all capacities whalssovars ceaditlemad for the dots: or not dOlaY of saythlas of oar seaditleas which may be provided for In may such head, ralogoleanca, oblisatieas stipulatfOS, or umdortak.- Ing, or aytklar In the marare of either of the some. R He as eachne , a Alshuat Secretary of the UNITED STATES, FIDELITY AND GUAB.ANYV, 60h1PANTl he hereby estelfy that the foregoing is a fall, true sad satrect aeyr of the orisiaal power of site" gives by naet Camfa y Mark Anto"YL rt;. r.1)0114flT'0xat8 , ast►orltiag ad rmpowarias him to alga bads u e►sseam alt forth, which power of attorney has sever been revoked tad is still as full force ad elect. Audi I do further cerdfr that said Power of Attormot was gives is pursussce of s rosolutiem adopted at a rotsfar seratisg of the Board of Directors of said Company, duly celled sa, held at the effiee of the Company l/ the dirtol tikh1wers, on the lick day of julyi,19,10, at which meeting a quorum of eke Board of Directors was present, ■nd that eke foragaias Is a true ad correct ropy of said resolution, sad the whole thereof as reeordsd is the lout., Of sold nesting. Im Testfmomy Wbereel, I have beresate set dl head end the lost of the VNITfD fTATU fIDRLM AND GUARANTY COMPANY to (Dios) December 6p 1966 ,lrttsfoef fecregry. J . 2 ❑ l UNITED STATES EIDLATY ` GUARANTY COMPANY ut stock cAmpocart TEXAS STATUTORY PAYMENT BOND (hashy of this Lead Most bi 1ee% it Contract emOYpl) STATE OF TEXAS COUNTY OF BOND NUMBER 67765-12-1898-66 ' KNOW ALL MEN BY THESE PRESENTS: Tltal__.._J~$_.~~ House etld..9i.~_...1~~]l?~.~~~..H4l~gQ._$4Tld_ F~l'►[1131. Ix'm if(SJi'IS8►._._.__._. `.q .__.`..a-part~isership (hereinafter called the PrinclFkA as Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation argc nized tinder the laws of the State of Maryland, and duly authorized to do business In the State of Texas, (hereinafter called the Surety), as Surety, are held and firmly bound unto City or flentS_,_DeAtms. Texas Wenty-five Thousand Three Handred (hereinafter called the Obligee), In the penal sum of_.__._......... _ $25930Os00) - - - - - - - - - - r - - - - - - - - - - - - - - - - - for the payment of which sum well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and as,!gr~~, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered Into a certain written contruct with the Obligee, doted the___lOth-__ day of__.-AWtmber------ 19-66_-., a copy of which is hereto attached and made a part hereof, for Construction of the one-start' metal airplane 'IT" hangar, containing space ft ten (10) aircraft. NOW, THEREFORE, THE CONDITION OF THIS OBLIOATION IS SUCH, that if the sold Principal shall pay all clalman.'s supplying labor and material to him or a subcontractor In the prosecutlon of the work provided for in said ca-itract, then, this obligation shall be voldi otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond Is executed pursuant to the provisions of Article 5160, Chapler 4 of Vernon's Revh ad Civil Statutes of Texas as amended by the Acts of the Regular Session of the 561h Legis- lature, 1959, and c!I liabilities on this bond to all such claimants shall be determined in accordance with the provisions thereof to tho some extent as If it were copled at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this ' 6t,~4___..__doy of_ ~gCembt3~ . 9_66_. (5000 / ITED TAPES FIDELITY nND JANTY COMPANY a, By. - -(SeaO 4n4ed o.ehwt l l4 (Tum) tsist ; t , (CEATIFM COPY) GENERAL POWER OF ATTORNEY No. ......77158 XS#W al! Her Iy there prerntsr That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corpurstios srsaa lied sad missies wader the laws of the hats of Marylsad, sad having its principal offea at the Cloy of Baltimore, is the State of Msrytaad, dote hereby constitute aad oppolne Hark Anthony of the City of Dallas , state of Texa■ its true and lawisi attorney Is sad for the state of Texas { for as fopowiss parposes, to watt To alga its saw as surety to, sad to asscuts, taeI sad acknowledge say and alt bonds, end to respectively do aad perform say and all sets sad dissi sue forth In the resolution. of the Board of Directors of the said UNITED STATE! FIDELITY AND GUARANTY COMPANY, a artsfied COPY of which is hereto anasaed sad made a part of this Power of Attorsoyi sod she sold UNITED STATES FIDELITY AND GUARANTY COMPANY, through us. Its Board of Director, bereby ratA*s sttd coofi mt to and whauosvw the aid ?lark Anthony may bwfsUy de Is the prudes by eirtws of slew presents. to Woos Vera/t the ISM UNITED STATES FIDELITY AND GUARANTY COMPANY has caused th4 inerawas to be sealed wId ate arporaw seal, duty attested by the slsaaenres of Ito Vice President and AmLtars I*rptarls skis ( 1411 day of October , A. D. a 83 , , . UNITED STATES Y11616'4'11' AND GUARANTY COMPANY. (Signed) ty _liugh ,Richeog Ytraprestl::l. ( SM) (Signed) A...._Va..Or.! fft.th.._ ApktauJ fefvota►y. ITATN OF MARYLANA SALTIM01E CITYs eat ow dla 161% day of October , A D. it es, bsf..n as pi rosasisr cams Hugh Es Richeson I Vice-president of do UNITED STATES PIDEi.1TY AWD GUARANTY COMPANY sad A s We Griffith , Assisseet secraary of word Compaar, will both of wLam 10 1 to per" saby aequatated, who betas by w severally duly sworn, said sloe they resided is else Car of salcimera, Marylsads ehatair, 40 Isla Hygh Riche/on and A, We Griffith yore rvapttalval tta 11k.e-Prasidswt eil's'he "tAst secretary of the sold UNITED ITATEa MILIYY AND GUARANTY COX-OANT; the ter.! Oeratiea described Its sad which mooted she forosolas Fewer at Attorneys that Slay sseo baser the seal of sold eor orstloal that the Ita) egsiad N told hV" of AtbrM era nth serpMate Mull that Is was w Signed IF ardoe of As !Board of Dinsep" of told eorpst" dt* t[ad S dt they sited Asir saeta tknca by bls Mier to jc~-Prseidoos sad Asdataat Sounarre tsepoeeivafy, of As Compu/. N7 emu"" exom tm erst day in feh, A. D. feVo7. . (s3~lY.} sietgnsa} „..'AQ.9/._N., OtOr`ion Shi~.,i tnillr. STATX 01 MARYWND, at )r , SALTINPII CITY* 1s Jasias lit. Carney dialt of de !hporlar Grit of 11141tEwN Ott, *high CwsN Its a Courts at locerl,'aa-l Las a seal, is ►eteh tertifI slit Anne 9.' Ottlrien i ; Eoriaw, bet@" whom the tau ad agdaolef wore maae; sad rho 1u theteto isbtribod his hdli, viii at the "a tit a "I a Notify PabW of that state of Varglaaa, Is sad for do City ►f !shiners, daly toon"Slsaod aad ttrrN aAd djdathW 4 11Mr'to adaahfiter dada chid tale acksMleddwsta, if 09"1 if d" to Ld tteailod dareL."l'fu+.tler tetSity skit t Set` tgadistdd *hb W leg"#r1tUy if AI am NHurt acid woody behove %M rlcutvt/ so he Llo sessions stsutom to testfwolyi tlierdi ,1 here" iii All her/ Asa aril tM lint it toe Ingorier Court K lofdiNo Ckfe~ site see t boles' a Gen et Rilyiilj'~•.„, rt 1~D t did f! .,r i Octobers r- fr, rr:, l+':•L~n)i A.,& is W• tbi r4- ~lls -F (Seal) (Signed) s. Qt, JL o a 9 ~ i n s. V V. Cure aJ A* sw for C"" sI DaGlmxe Coy. i ' - Cory Or >sWLUTLON rise wisrest, is is necessary fo: tta efactsal traassstba of business that All Comer my oppafat agents and atterneys with power and authority to act for it sad Is Its same Is States other them Marylsad, nad Is the Territorial of tie United States sad In the Prov. tacem of the DowiAkwo of Cemsda sea is the Colony of Newfoundland. rbere/ore, be it Resefted, that All Compmay do, sad It bereby deal, asthorlae and empower Its Preddest or either of Its Via. presidsatt in conjunct" with Its Secretary or one of Its Assistnt Ssc"taries, under Its carparnto aed, to appoint say psrsom or permits as astorsyr or aterners-is-fact, or agent or "pants of said Company, in Its name and as its met, te execute sod deliver may gad all Cos. tracts scaraateeing the fidelity of persons holding postelona of public or private trait, gearantselas the perfarmancft of coatnum other them Insurance policies and esecutiag or guaranteeing basis sad undertakings, required or permitted In al) metiau or precrediage, of by law allowed, and Also, in Its same Cad so Its attorney of atsorsys•la•fact, or ages, or amts to execute sad increase* tie asditlou of err sad all bonds, retosmixanees, abligselone, stipulatloas, eadertakiags or anythlag in the mature of either of tie esm% which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Torritory of A& United states of of she Provinces of aim Domfslon of Canada or of the Colony of Nowfausdisna, or by he roles, regulations, erdore, customs, practice or dlscretioa of nay board, body, organization, oics or oaar, local. valcipat or otherwise, be allowed, required or permitted to be executed, made, takes, gives, tmaderod, aeeopeed, fled or reeudod foe the security or pratectiss of, by or for say patios or persons, corporation, body, as", Internet, maslcipolity or other sssociatiom or erganixotion whatwever, is any and all capacities wbataafer, cosditioaed for the deiceg or not doing of asythims or goy auditions wtkh may be provided for Is nay such bond, recagniasmse, ablisalea, mtipstades, or sadertak• lag, or anytktmg In the contact of oltiee of also aria. 1 He Qa Sachne , as Aesistoat secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby tetdfy list tie foregoing is a fall, true sad "tract copy of the original power of attoney, 11tH by laid Comya'my a Mark Antbotly od; Dal1A41Toxaff , asttoristag sod empowering him to alga bonds as Assaim set forth, wikk power of attorney has mover boom rested and is still in full force sad dace. Asa I do further certify that said Power of Attorney tree given In pursuance of a resolution adopted at a tegslat OW402'of tie Board of Directors of said Compaq, cooly ailed sod tald'st the elite of cis GmpLLr is the Wy,of 11411rimore, as the Ilth day of Jrlfs lot*$ at welch meeting a quorum of the Board of Directors was pretest, mad that sea loregoiag Is is true emd correct copy of aa:d reserlatbs, mad his whole thereof as recorded is the stlautes of laid mectiag. . to rrstleremy Wbtreel, I Lave beressto net ay Ismd gad tin seal of the UNITED STATfts FLD19LITY AND GUARANTY COMPANY oil (Date) ikcember 6p 1966 G~C~Q AstM:eml feereasry. r9i T71)1o ni Content; Sample Contract agreement Notice to Bidders a.d Information. 6 Instruction to iU6;crn e.f Proposal g_h Goneral Conditions of Agreement 1.20 Detail Specifications; General 100 Excavation 101 Concrete work 102 Masonry 103 Steel Building 104 Miscellaneous Metal 105 Insulation 106 .,Painting 107 • Plumbing 108 Electrical 109 As,haltic Pavement 110 -iildgk lux STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, m~ide and entered into this. day of OEc.Ewt beg _40, MAef , A.D. 1966 , by and between f'ouso and H,3nna i r n I 4Iorks, a partnership consisting of James W. HOuse and 0. K. Hanna of the County of Dallas , State of Texas, Party of the First I Part, hereinafter called CONTRACTOR, and the City of Denton, Texas, a municipal corporation, of the County of Denton, State of Texas, Party of the Second Part, hereinafter called OWNER, WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by owner, and under the condi.ions expressed in the bond bearing even date herewith, the Contractor hereby agrees with Owner to commence and complete the construction of certain improvements eeacribed as follows, One ten-unit too hangar 224' x 49' x 121, including concrete floor. and all extra work in connection therewit%, under the terms as stated in the Invitation for Bids, Proposal, and InforrA tion and Special Instructions to Bidders, and General Conditions of Agree- ment attached hereto and hereby made a part of this contract by reference the same as if set forth at length heroine and at Con- tractor's own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, supervision, labor, insur- ance and other accessories and services necessary to complete the said construction in accordance with the conditions and prices stated in the proposal attached hereto, and in accordance with the conditions and prices stated in the proposal, and in accordance with all the General Conditions of Agreement, and in accordance with the plans, which include all maps, plats, blueprints and other drawings and printed or written explanatory matter thereof, and specifications therefor, as prepared by the City Engineer of the • City of Denton, Texas, each of which has been identified by the endorsement of the Contractor and the said City Engineer therein. Contractor hereby agrees to commence work within ten (10) days after the date written notice shall have been given to com- mence, and to substantially complete said work within 80 working days after the date established in the written notice to commence work. Owner agrees to pay the Contractor in current funds for the performance of the construction of the work in accordance with the proposal submitted therefor, subject to additions and deductions, as provided in the General Conditions of Agreement, and to make • payments on account thereof as provided therein. IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate in the year and on the date first above written. House and Hanna Iron Works Contractor ATTEST: 7 by: l" ) , is_-mot sets pQ r her CITY OF DENTON, TEXAS, Owner by: : .J )I L o Warren Whitson, Jr., Mayor City of Denton, Texas ATTESTS /I Brdo s Holt, City Secretary City of Denton, Texas APPROVED AS TO LEGAL FORM: Jack Barton, City Attorney Cit of Denton, Texas Addendum #1: • This addendum shall be attached to and become a part of the Specifications and Contract Documents for the construction of Hangar and Office Buildings at Denton „uniclpal Airport, City of Denton, Texas, 1, The first paragraph of sheet a, Notice to Bidders is ammended to read as follows: Sealed proposals addressed to the City of Denton, Denton County, Texas, will be received at the office of the City Secretary, City Hall, Denton, Texas,,,until 10:00 A.M., C.S.T., October 13, 1966, for constructing improvements 2. The second paragraph of sheet d, Wocice to Bidders is ammended to 'read as,follows: Instructions to Bidders, Proposal Forms, Specifications, Plans and Contract Documents may be examined at the office of the City Secretary, City Hall, Denton, Texas, and copies of said instruments may be obtained from said City Secretary, upon deposit of $5.00 as a guarantee of the safe return of the plans and specifications. Said deposit will be returned provided: (1) The Bidder returns the plans and specifications within 72 hours after the bid date; OR (2) The Non-Bidder returns the plans and specifications ' in good condition.72 hours prior to bid dates Otherwise the entire $5.00 deposit will be forfeited and no , refund made. Suppliers may obtain Specifications and Plans at the address stated above upon deposit of Five ($5.00) Dollars, which sum is non-refundable. Addendum #2; This addendum shall be attached to and become a part of the Specifications and Contract Documents for the construction of • Hangar and Office Buildings at Denton Municipal Airport, City of Denton, Texas. • 1. Paragraph 108.3 of Section 108 - Plumbing shall be amended to , read as follows: Basis for bid on septic tanks shall assume location 25 feet from building. A prefabricated septic tank may be substituted for the septic tank in the plans, when specifically approved by the engineer in writing.. 2, Paragraph 110.1 of ;action 110 • Asphaltic Pavement shall have the following addition; Total area to receive prime coat and asphaltic concrete shall be 15,000 square yards. AdJendum Iii: This addendum shall be attached to and becor•,e a part of the Specifications and Contract Oocume.,cs for the construction of Hangar and•Office Buildings at Denton Municipal Airport, City of Denton, Texas. 1. The note regarding tie beams listed on sheet 3 of the plans, is ammended to read as follows: Tie beams shall have a maximum spacing of 20 feet on centers each way. 2. The 18" x 18" x 9" footing indicated to be located beneath each column in the interior wall shall be omitted and replacd with the twelve (1211)' inch diameter piers and twenty X2011) inch diameter bell required beneath all columns. 3. The five ton`all season electric heating and airconditioning unit indicated on sheet two of the plans shall be installed, complete, including exterior compressor, ductwork, wiring, thermostats,-and all other items of work required for a complete installation. 4. The contractor shall furnish and install two water faucets in the main hangar and office building. Both shall be located in the block s wall, one adjacent to the rest rooms between bays E and F, and one in the same wall between bays B and C. • Addendum #4: This addendum shall be attached to and become a part of the Specifications and Contract Documents for the construction of Hangar and Office Buildings at Denton Municipal Airport, ;y of Denton, Texas. 1. The first sentence of paragraph 100.5, Payment, Is amroended to read as follows: Payment shall be based on a lump sum bid and shall be payable to the Contractor upon the completion of the project and acceptance by the City. 2. The exterior electrical service connection to the main hangar shall be made ,)y the Contractor with no additional cost to the City, The underground connection shall extend from the transformer pad to the hangar, a distance of approximately 280 feet. The 1nderground electrical installation shall conform to the requirements of the City of Denton concerning such installations. Service drop shall consist of three wire #4/0 AWG (Cu) in a 4 - inch conduit buried 42 - Inches below finish grade, P. V. C. conduit Class 11 Direct Burial may be used. All risers and 900 elbows shall be heavy wall galvanized. steel conduit. The ditch shall be made available to General Telephone Company for telephone installation. 3. Asphalt tile floor covering shall be installed In the office, lobby, and rest rooms In the .-lain hangar and office building. 4. The doors on the main hangar building shall open to provide an opening of a minimum of 108 test in width and 19 feet In hF!ght, clear and free of any obstructions. No part of any columns or beams shall extend into the required opening. Addendum N5 This addendum shall be attached to and become a part of tho Specifications and Contract Documents for the constr ction of Hangar and Office auildings at Denton Municipal Airport, City of Denton, Texas. This addendum shall apply to the contract covering T-Hangars, and is intended for cleeriflcation, with no change being Intended In the original scope of the contract. 1. The Contractor shall not be required to furnist any plumbing, heating, electrical work, dirt work, electric or plumbing fixtures, nor any hard s:jrfacing outside the T-Hangars. 2. All sheet metal panels furnished by the Contractor shall have baked on enamel paint on both sidc,s. 3. The Contractor shall install a five-inch reinforced concrete slab as indicated In the drawings, and as specified in the Detail Specifications. The Cortractor may use premoIded expansion joint material In IIeu of sawed joints, at the Contractor's option. NOTICE TO BIDDERS Sealed proposals addressed to the City of Denton, Denton County, Texas, will be received at the Office of the City Secretary, City Hall, Denton, Texas, until 10:00 A.M., C.S.T., September 29, 1966, for constructing improvements at the City's Municipal Airport no follows: Contract A: For Constructing One (1) Metal Airplane Hangar with Office Space. Contract 8: For Constructing Ten (10) Metal Airplane "T - Hangars". Contracts "A" and "B" will be awarded separately, but Bidders are invited to bid for either or both of said contracts. Bidders must submit with their bids a Cashiers or Certified Check payable to or endorsed, without recourse, to the City of Denton, Texas, in the. amount of $40500 for Contract A and $1,750 for Contract B, or submit a Proposal Bond in the mane amounts from a reliable Surety Company, as a guarantee that Bidder will enter inr.o a contract and execute the required bond and guarantee within five (5) days after notice of award of contract to him. Bids without check or Proposal Boad will not be considered. In accordance with Article 5159(x) V.A.T.S. the successful Bidder will be required to furnish not only a Performance Bond in the amount of the contract, but also a Payment Bond in the amount of the contract, for the protection of all claimants supplying labor and materials as defined in said law. The bonds must be executed by an approved Surety Company holding a permit from the State of Texas to act as Surety, and acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States or other Surety or Sureties acceptable to the City. All prices must be seated in bc:.; and figures. The City reserves the right to reje,: 4,,y or all bids and to waive formalities. In case of ambigu-..:y or lack of clearness in stat. ing the price in the bids, the City reserves the right to con- sider the most advantageous construction thereof, or to reject the bid. Unreasonable or unbalanced prices will be con- sidered sufficient cause for rejection of any bid or bids. Bidders are expected to inspect the site of the work and to in- form themselves regarding local conditions and conditions under which the work is to be done. Not less than the prevailing rate of per diem wages for work of _ ? similar character in the City of Denton, and County of Denton, and not less than the general prevailing rate'of per diem wages for legal holidays, Saturdays, Sundays, and overtime work shall be paid to all laborers, workmen and mechanics employed in i connection with the foregoing Contracts. The City Council of the City of Denton has ascertained an6 here i specifies such general prevailing rate.of per diem wages in said r City and County to be as follows: Mechanic, Workman or Prevailing (8 hour Type of Craft or Laborer _ Hourly Rate_- day) Asphalt Heaterman $1,50 Asphalt Raker 1.75 Asphalt Shoveler 1.50 Batching Plant Scaleman 1.60 Carpenter 2,50 Carpenter Helper 1.75 Concrete Finisher 2.25 Concrete Finisher Helper 1.75 Form Builder (Structures) 2.25 Form Builder Helper (Structures) 2.00 Form Setter (Structures) 2.25 Form Setter Helper (Structures) 2.00 Laborer, Common 1.45 Laborer, Utility Man 1.50 Mechanic 2.50 Mechanic Helper 1.75 Oiler 1,75 Painter (Structures) 2.25 Painter Helper (Structures) 1.90 Pipe Layer (Concrete & C-aA 1095 Pipe Layer Helper (Concrete & Clay) 1.60 b Mechanic, Workman or Prevailing (8 hour Type of Craft or Laborer Hour Rate dav~ Power Lquipment Operators: Asphalt Distributor 2.00 Asphalt Paving Machine 2.00 Bulldozer, Over 80 N.P. 2,50 Crane, Clamshell, Backhoe, Derrick, Dragliote, Shovel (less than 1k, C.Y.) 2050 Crane, Clamshell, Backhoe, Derrick, DrAgline, Shovel (lk C.Y. and Over), 2,75 Electricians 3.75 Cement Masons 3.20 Glaziers 2,00 Plumbers 2,75 Sheet Metal Workers 2,88 Foundation Drill Operator (Crawler Mounted), 3.00 Foundation Drill Operator (Truck Mounted) 3,00 Foundation Drill Operator Helper 2.00 Front End Loader 1 C." and Less) 2,00 Front End Loader Over 1 C.Y.) 2.25 Mixer (Over 16 C.F.) 2,40 Mixer (Concrete Paving) 2.50 Motor Grader Opera me, Fine Grade 2,50 Concrete Paving Saw 1.75 Motor Grader Operator $2,35 Roller, Steel Wheel (Plant-Mix Pavement) 2.00 Roller, Steel Wheel (Other) 1,75 Roller, Pneumatic (Self-Propelled) 1,50 Scrapers (Over 7 C.Y.) 2.50 Side Boom 2.35 Tractor (Crawler Type) 80 H.P. and less 1.50 Tractor (Crawler Type) Over 80 H.P. 2,50 Tractor (Pneumatic) 80 H.P. and less 1,50 Tractor (Pneumatic) Over 80 H.P, 1.75 Trenching Machine, light 2•,35 ' Trenching Machine, Heavy 3950 Reinforcing Steel Setter (Paving) 1.50 Reinforcing Steel Setter ,(Structures) 1080 Reinforcing Steel Setter Helper 1050 Steel Worker (Structural) ':.60 Steel Worker Helper (Structural) 2000 Spreader Box Man 1.75 Truck Drivers:' Single Axle, Light 1.50 Single Axle, Heavy 1.50 Tandem Axle or Semitrailer 1.50 Winch - 1.75 Vibrator Man (Nand Type) 1.40 Welder 3.00 c 150% of the foregoing rates for Sundays, legal Holidays, and overtime work. Instructions to Bidders, Propo:;al Forms, Specifications, Plans and Contract Documents m,:y ;)e .;xamined at Lhe Office of the City Secretary, City Hall, Denton, Texas, and cc,,,ies of said instru- ments may be obtained from said City Secretary, upon deposit of $25.00 as a guarantee of the safe return of the plans and speci- fications. Said deposit will be returned provided; (1) The Bidder returns the plans and specifications within 72 hours after the bid date; OR (2) The Non-Bidder returns the plans and specifications in good condition 72 hours prior to bid date; Otherwise the entire $25.00 deposit will be forfeited and no. refund made. Suppliers may obtain Specifications and Plans at the address. stated above upon deposit of Fifteen ($15,00) Dollars, which sum is nor.-refundable, It is the intention of the City Council of the City of Denton to issue the time warrants of the City of Denton for payment of a part or all of the Contracts to lie made pursuant to this { Notice, and to pay part or all of the Engineer's fees in connection therewith. The maximum amount,of time warrant indebtedness to be incurred for said purposes shall be $1250000, the maximum rate of interest such time warrants are to bear is 4h7, per annum, and the maximum maturity date thereof shall be 1986, The City has obtained a commitment from a bank for the purchase of said time warrants frcm the Contractor, so that said warrants shall be deliverer, to the Contractor and the Contractor will immediately deliver said warrants to such bank and receive in cash the par.value therefor. CITY Or DENTON, TEXAS BY; BROOKS HOLT,. CITY LSECRETARY. , d INFORMATION AND INSTRUCTION TO BIDDZRS 1. Work to be Done: The work included under this contract consists of furnishing all materials, tools, equipment, etc, necessary for the construction of one ten unit tee hangar and one hangar :and office building, complete, in accordance with the drawings and as specified herein. 2. Materials Furnished'by Owner: The Owner will furnish NO materials. The Contractor shall furnish all materials, equipment, etc. 3. Time of Completion: The Owner desires the work to be completed at the earliest possible date. Time of completion shall be as indicated in the Proposal. In the event, the Contractor fails to cos,plete the project within the time set forth in the Proposal; the Owner shall withhold permanently from the payments to the Contractor the sum of twenty- five ($25.00) dollars per day as liquidated damages, as set forth in Section 4.04 of the General Conditions of the Agreement. 4. Bid Form: Bids shall be made on .he blank form attached and the complete documents and plans shall be returned with the bids. Bids not so made will be considered out of form.. a 5. Performance R-nd: With the execution and delivery of the contract, the Contractor shall furnish performance bond for the full amount' of the contract. Bond shall be executed by an., approved surety company authorized to do business in the State of Texas, and acceptable according to tt•e latest list of companies holding Certi- ficates of Authority froa• the Secretary of the Treasury of the United States of America. 6. Payment Bond: In addition to the Performance Bond the Contractor will furnish a Payment Bc,nd for the full amount of the contract, Payment Bond shall be executed by an approved surety company authorized to do business in-the State of Texas, and acceptable according to the latest list of companics holding Certificates of Authority from the Secretary of the Treasury of the United States of America. 7. Maintenance Bond: In addition to the Performance Bond and Payment Bond, the Contractor will furnish a Maintenance Bond for ten (10X) percent o the contract price. Maintenance Bond shall be 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. Maintenance Bond shall remain in force for a"per?nd of one (1) year beyond the date of written acceptance of the work by the Owner, to guarantee the repair and/or replacement of defective materials and/or workmanship which may develop during this period. e 8. Patents and Permits: This Contractor shall, at his own expense, procure all permits, certificates and licenses required of him by law for the execution of this work, and shall pay all patent fees, license fees, and royalties for the use of equipment of processes used in construction and completion of this project and shall hold the owner free from any liability for the use of patents in connection with this work. 9. Change of Location: No change in the alignments is contemplated. However, should a change be necessary due to obstructions or other reasons the Owner reserves the right to make such change, no extra compensation will be allowed the Contractor, 10. Property Protection: Trees, fences, signs, poles, guy wires and all other property shall be protected unless th,air removal is authorized and any property damage shall be satisfactorily restored by the Contractor. 11. Investigation of Local Conditions: Prior to submission of a proposal, the Contractor shall have made a careful examination of the site of the work and of the contract documents including • the plans and specifications and shall become informed as to • the location and nature of the proposed construction, ;he kind of facilities required before and during the construction period, labor conditions, and all other matters that may affect the costs and time of completion of the work. 12.' Interpretation of Quoted Prices: In case of a difference between the written words and the figures in the 'Proposal, the amount stated in written words will be con$idered as the bid. 13. Interpretation of Seecifications: Any question as to the mean-'.-,g of any specifications will be answered by Addendum which will be sent to all who have been furnished with the plans and bpecifications. ' I PROPOSAL Denton, Texas October 13 01466 PROPOSAL OF House and Hanna Iron Workh a corporation organized under the laws of tae State of a partnership consisting of _Tampa W. House and 0. K. Hanna an individual trading as To the City of Denton, Texas: Pursuant to Invitation to Bidders, as published, the under- signed proposes to furnish all labor, materials, and equipment, and perform all work for the complete construction of one ten unit tee hangar and/or one hangar and office building, in the strict accordance with the attached Specifications and accompanyin,; Plans for the following: ITEM ESTIMATED DESCRIPTION . UNIT PRICE TOTAL BID QUANTITY (Prices to be written in words) (Figures) (Figures) 1 Lump Sum Construction of one ten unit tee $ $25.300.00 hangar, complete, the sum of Twenty-five thousand, three hundrpa dollars and no cents li4„p sum. 2. Lump Sum Construction of one hangar and , office building, complete, the sum of dollars and cents lump sum. $.r._,__ $ NIA 3. Lump Sum Construction of both Item No. 1 and Ite,n No. 2, complete, the sum of dollars and _,_.cents lump sta. $ $ N/A g 4 , I . The undersigned bidder agrccs to commence work within ten (10) days after the date of writtcr, notice to commence work and to sub- stantially complete the work on which ho has bid within eighty (80) ,working days as defined in General Conditions of the Agreement. Enclosed with this Proposal is Cashier's Check or Certified Check for_ one thousand seven hundred fifty _ Q$ j17so.00 ) Doliars wilicil it is agreed shall be eoll`cted and rotained by clic Owo,:r, as liquidated damages in the,, event this Proposal is accepted lay the Owner within thirty (30) days after the date advertised for the reception of Bids and the undersigned fails to execute a contract and the required bonds with the 0%.Pner, under the conditi•ns hereof, within ten (10) days After the date said Proposal is at .ioted. Otherwise, said check or bond shall be returned to the und:rsigned upon demand.. The undersigned hereby declares that he has visited the site and has carefully examined the Contract Documents relative to the work covered by the tbove bid. Respec.fully submitted, Meuse and Hanna Ir*l Jorka P. 0. Box 548 Irving. Texas Address Ay Title 04 r~#tr .(Seal if Bidder is a corporation) h GENERAL CONDITIONS OF AGREEMENT 1. DEFINITIONS OF TERMS 1.01 OWNER, CONTRACTOR AND ENGINEER: The Owner and the Con- tractor are those mentioned as such in the Agreement. They are treated throughout the Contract Documents as if each were of the singular number and masculine gender. The Engineer shall be understood to be the Engineer of the Owner or his duly authorized representative. 1.02 CONTRACT DOCUMENTS: The Contract Documents shall consist of the Notice to Contractors (Advertisement) Special Conditions (Instructions to Bidders), Proposal, signed Agreement, Performance and Payment -onds (when required), Special Bonds (when required), General Conditions of' the Agreement, Technical Specifications, Plans, and all modifipations thereof incorporated in any of the documents before the execution of the agreement. The Contract Documents are complementary, PH what is called for by anyone shall be aq binding as if called for by all. 1.03 SUB-CONTRACTORS The term Sub-Contractor, as employed herein, includes only those having a direct contract with the Contractor and it included one who furnishes material worked to a special design according to the plans or specifications of this work,"but does not include one who merely furnishes material not so worked. 1.04 WRITTEN NOTICE: Written notice shall be deem,:d to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if eelivered at or sent by registered mail to the last business address known to him who gives the notice. 1.05 WORK: Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation, and other facilities necessary for -the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good !quality. The Contractor shall, if required, furr4ah satisfactory evidence as to the kind and quality of materials. Materials or work described in words,which so applied have a well known technical or trade meaning, shall be held to refer to such recognized standards. 1.06 EXTRA WORK: The term "Extra Work" as used in this contract shall be understood to mean and include all work that may be required by the Engineer or Owner to be done by the Contractor 1 to accomplish any change, alteration or addition tc the work shown upon the plans, or reasonably implied by the specifications, and not covered by the Contractor's Proposal, except as provided under "Changes and Alterations", herein. 1.07 WORKING DAY: A "Working Day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions, not under the control of the Contractor, will permit construction of the principal units of the work for continuous period of not leasthan seven (7) hours between 7:00 a.m. and 6:00 p.m. 1.08 CALENDAR DAY: A "Calendar Day" is any day of the week or month, no days being excepted. 1.09 SUBSTANTIALLY COMPLETED: By the term "Substantially Completed" is meant that the structure has been made suitable for use or occupancy or the facility is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 2. CONTROL OF WORK 2.01 LINES AND GRADES: Unless otherwise specified, all lines and grades shall be furnished by the Owner or his representative. Whenever necessary, construction work shall be suspended to permit performance of this work, but such suspension will be as brief as practicable and the Contractor shall be allowed no extra compen- sation therefor. The Contractor shall give the Owner or the Engineer ample notice of the time and place where lines and grades r` will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him or his employees, such stakes, marks, etc., shall be replaced at the Contractor's expense. 2.02 ENGINEER'S AUTHORITY AND DUTYs Unless otherwise specified, it is mutually agreed between the parties to this Agreement '3t the Engineer shalt supervise all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. In order to prevent delays and disputes and to discourage litigation, it is further agreed that the Engineer Shall in all cases deter- mine the amounts and quantities of the 'seyeral kinds of work which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction thereof, and shall in all cases decide every question which may arise relative to the execution of this contract on the part of said Contractor. The Engineer'P e,itimates and findings,shall be the conditions precedent to the ricTht of the parties,heieto to arbttxation or to any action on the contract, and to any rights of the Contractor to or to any action on the contract, and to any rights of the Contractor to receive any money under this contract; provided, however, that should the Engineer render any decision or give any direction which in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with said Engineer within thirty (30) days his written objection to the decision or direction so rendered, and by such action may reserve the right to submit the question so raised to arbitration as herein provided. It is the intent of this agreement that there shall be no delay in the execution of the work; therefore, the written decision or directions of the Engineer as rendered shall be promptly carried out, and any claim arising therefrom shall be thereafter adjusted by arbitration as hereinafter provided. The Engineer shall, within a reasonable time, render and deliver to both the Owner and the Contractor a written decision on all claims of the parties hereto and on all questions which may arise relative to the execution: of the work or.the interpretation of the contract, specifications and plans. should the Engineer fail to make such decision within a reasonable timc, an appeal to arbitration may betaken as if his decision had been rendered against the party appealing. Whenever the words "directed", "required", "permitted" "designated", "considered necessary" "prescribed", or words of like import are used, it shall be understood that the direction, requirement, per- mission, order, designation or prescription, of the Engineer is intended; and similarly, the words "approval", "acceptable", "satisfactorill, or words of like import shall mean approved by or acceptable or satisfactory to the Engineer. 2.03 SUPERINTENDENCE AND INSPECTION: It is agreed by the Con- tractor that thq Engineer shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors or inspectors as the said Engineer may deem proper to inspect the material furnished and the work done under this agreement, and to see that the said material is furnished, and said work is done in accordance with the specifications therefor. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors,.for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instruction of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and the accompanying plans and specificaticna; provided, however, should the Contractor object to any order by any subordinate engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the Engineer for his decision. 2.04 CONTRACTOR's VUTY AND SUPERINTENDENCE: The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, 3 a competent superintendent and any necessary assistants, all satisfactory to the Engineer. The superir*endent shall represent the Contractor in his absence and all e4- ions given to him • shall be as binding as if given to the Co.._..:.ctor. Important directions shall be confirmed in writi.,g to the Contractor. Other directions shall be so confirmed on written request in each case. 2.05 CONTRACTOR'S UNDERSTANDING: It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed'. preliminary to and during the prosecution of the work, the gbneral and local conditions, and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the owner, either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. 2.06 CHARACTER OF WORKlSEN: The Contractor agrees to employ only orderly and competent men, skillful in the performance of the type of work required under this contract, to do the work: and agrees that whenever the Engineer shall inform him in writing that any man or men on the work are, in his opinion, :incompetent, unfaith- ful or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the Engineer's written consent. 2.07 CONTRACTOR'S BUILDING: The biuil'ding of structures for housing men,' or the erection of tents or other forms of protection, will be permitted only at such places as the Engineer shall direct, and the sanitary conditions of the grounds in Qr about such struc- tures shall at all times be.maintained in a:mani~sr satisfactory to the Engineer. 2,08 SANITATION: Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Engineer, and their use shall be strictly enforced. 2.09 SHOP DRAWINGS: The Contractor shall submit to the'Engineer, with such promptness as to cause no delay in his own work or in that of any other Contractor, four copies, unless otherwise speci- fied, of all shop and/or setting drawings and schedules required for the work of the various trades, and the Engineer shall pass upon them with reasonable promptness, making desired corrections. The contractor shall make any correction required by the Engineer, • file with him two corrected copies and furnish such other copies as may be needed. The Engineer's approval of such drawings or 4 I M schedules shall not relieve the Contractor from responsibility for deviations from drawings or specifications, unless he has in writing called the Engineer's attention to such deviations at the time of submission, nor shall it relieve him from responsibility for deviations for errors of any sort in shop drawings or schedules. 2.10 PRELIMINARY APPROVAL: The Engineer shall not have the power to waive the obligations of this contract for the furnishing by the Contractor of good material, and of his performing good work as'herein described, all in lull accordance with the plans and specifications. No failure or omission of the Engineer to condemn any defective work or materiaf.shall release the Contractor from the obligations to at once tear out, remove and properly replace the same at any time prior to final acceptance upon the discovery of said defective work or material; provided, however, that the Engineer shall, upon request of the Contractor, inspect and accept or reject any material furnished, and in event the material has been once accepted by the Engineer, such acceptance shall be binding on the owner, unless it can be cleatly shown that such material furnished does not meet the specifications for this work. Any questioned work may be ordered taken up or removed for re- examination, by the Engineer, prior to final acceptanc,• and if ' found not in accordance with the specifications for said work, all expense of removing, re-examination and replacement shall be borne by the Contractor, otherwise the expense thus incurred shall be allowed as Extra Work, and shall be paid for by the owner; provided that, where inspection or approval is specifically re- quired by the specifications prior to performance of certain work, should the Contractor proceed with such work requesting prior inspection or approval he shall bear all expense of taking up, removing, and re¢l4cing this work, if so directed by the Engineer. 2.11 DEFECTS AND THEIR REMEDIESs It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Engineer as unsuitable or not in conformity with the specs.°ications, the Contractor shall, after receipt of written notice thereof from the Engineer, forthwith remove such material and rebuild or otherwise remedy, such work so that it shall be in full accordance with this contract. 2.12 CHANGES AND ALTERATIONS: The Contractor further agrees that the Owner may make such changes and alterations as the owner may see fit, in the line, grade, form, dimensions, plans, or materials for the work herein contemplated, or any part thereof, either before or after the beginning of th,a constructbn, without affect- ing the validity of this contract and the accompanying performance and payment bonds. 5 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 tW work that may be dispensed with, except as provided for unit price items under Section 5 "Measurement and Payment". If the amount of work is increased, and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this contract, except as provided for unit price items under Section 5 "Measurement and Payment"; otherwise, such additional Mork shall be paid for as provided under Extra 0ork. In case the Owner shall make such changes or alterations as make useless any aork already done, of material already furnished or used in said work, then the owner shall recompense the Contractor for any material or labor so used, and for any loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally'planned. 2.13 RIGHT OF ENGINEER TO MODIFY METHODS AND EQUIPMENT: If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work or the rate of progress required under this contract, the Engineer may order the Contractor in writing to increase their safety or imporve their character and efficiency, and the Contractor shall comply with such 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, increase his force or equipment, or both, to such an extent as to five reasonable assurance of compliance with the schedule of progress. 3. GENERAL OBLIGATIONS AND RESPONSIBILITIES 3.01 KEEPING OF PLANS AND SPECIFICATIONS_ ACCESSIBLE: The Engineer shall furnish the Contractor with an adequate and reasonable number of copies of all plans and specifications without expense to him, and the Contractor shall keep one copy of the same constantly accessibIs on the work, with the latest revisions noted thereon. 3.02 OWNERSHIP OF DRAWINGS: All drawings, specifications and copies thereof furnished by the Engineer shall not be reused on other-work, and, with the exception of the signed contract sets, are to be returned to him on request, at the completion of the work, All models are the property of the Owner. 3.03 ADEQUACY OF DESIGN: It is understood that the owner believes he has employed competent engineers and design,rs. It is, there- fore, agreed that the owner shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, the safety of the structure and the practicability of the operations of the 6 y i completed projects provided, the Contractor has complied with the requirements of the said Contract Documents, all approved modifi- cations thereof, and additions and alterations thereto approved in writing by the Owner. The burden of proof of such compliance shall be upon the Contractor to show that he has complied with the sAid requirements of the Contract Documents, approved modifi- cations thereof and all approved additions and alterations thereto. 3.04 RIGHT OF ENTRY: The Owner reserves the right to enter the property or location on which the works herein contracted for are to be constructed or installed, by such agent or agents as he may elect, for the purpose of supervising and inspecting the work, or for the purpose or' constructing or installing such collateral work as,said Owner may desire. 3.05 COLIATERAL CONTRACTS: The Owner agrees to provide, by separate contract or otherwise, all labor and material essential to the cotpletion of the work specifically excluded from this contract, in such manner as not to delay the progress on the work, or damage said Contractor, except where such delays are specifically :gen7tioned el6ewhvre in the Contract Documents. 3.06 DISCREPANCIES AND OWSSIONSs It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with the generally accepted practice, and in the event of any discrepancies between the separate contract documents, specifications or drawings, the Engineer shall define which is intended to apply to the work. 3.47 EQUIPMENT, MATERIALS AND CONSTRUCTION PLANT: The Contractor shall provide all tools, equipment, machinery, materials, and construction plant and facilities necessary in the prosecution and completion of the contract, except as otherwise specifically set forth to be provided by the Owner. The Contractor shall be kespon- sibfe for the care, }reservation, conservation, and protection of all tools, apparatus, accessories, facilities, all means of construc- tion, and any and all parts of the work, whether the Contractor has been paid, partially paid, or not paid for such work, until the entire work is completed and accepted. 3.08 DIM GEBL In the event, the Contractor is damaged in the course of the completion of the work by the act, neglect, omission, mistake, or default of the Owner, or of the Engineer, or of any other Contractor employed by the Owner upon the work, therby causing loss to the Contractor, the Owner agrees that he will reim- burse 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 loss for whie.h the Owner becomes liable, then the Contractor shall reimburse the Owner for.such loss. 7 3.09 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC: The Contractor shall take out and procure a policy or policies of work- men's compensation insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workmen's Compensation Law of the State of Texas. The Contractor shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and • shall comply with all applicable provisions of Federal, State and Municipal safety laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America, except where incompatible with Federal, State, or Municipal laws or regulations. The Contractor shall provide such machinery guards, safe walk-ways, ladders, bridges, gangplanks, and other safety devices as may be required by the Engineer as requisite to the prevention of accidents. The Contractor and his Sureties shall indemnify and save harmless the Owner and all his officers, agents, and employees from all suits, actions, or claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any negligent act or fault of Contractor, his agents or employees, in the execution of said contract; or on account of the failure of the Contractor to provide r.cessary barricades, warning lights or signs; and will be required to pay any judgment, with costs, which may be obtained ~ against the Owner growing out of such injury or damage. 3.10 PERFORMANCE AND PAYMENT BONDS: Unless otherwise specified, it is further agreed by the parties to this Contract that the Contractor will execute separate performance and payment bonds, each in the sum of one hundred (100) per cent of the total con- tract price, on standard forms for this purpose, guaranteeing faithfui performance of the work and the fulfillment of any guarantees required, and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equip- ment in the execution of the Contract, and it is agreed that this Contract shall not be in effect until such performance and payment bonds are furnished and approved by the Owner. Unless otherwise approved in writing bythe owner, the surety company underwriting the bonds shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States. Unless otherwise specified, the cost of the premium for the performance and payment bonds shall be included in the Contractor's proposal. 3.11 LOSSES FROM NATURAL•CAUSES: Unless otherwise specified, all loss ox damage to the Contractor arising out of the nature of 8 • the work to be done, or from the action of the elements, or from any unforseen circumstances in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 3.12 PROTECTION OF ADJOINING PROPERTY: The said Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be under- taken under this agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. The Contractor agrees to indemnify, save and hold harmless the owner against any claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of the contract; but any such indemnity shall not apply to any-claim of any kind arising out of the existence or character of the work. 3.13 PROTECTION AGAINST CLAIMS OF SUB-CONTRACTORS, LABORERS, MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES: The Contractor agrees that he will indemnify and save the owner harmless from all claims growing out of the lawful demands of sub-contractors, laborers, workmen, mechanics, materialmen, and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the further- ance of the performance of this contract. When so desired by the Owner, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the Contractor fails so to do, then the Owner may at the option of the Contractor either pay directly any unpaid bills, of which the owner has written notice, or withhold from the r-3ntractor's unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged; where upon payments to the Contractor shall be resumed in full, in accordance with the terms of this contract, but inno event shall the provisions of this sentence be construed to impose any obligation upon the owner by either the Contractor or his Surety. 3.14 PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION: The Contractor shall pay all royalties and licetsse fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agree- ment with the patentee or Owner. The Contractor shall defend all suits or claims for infringement of any patent or copyright rights and shall indemnify and save the Owner harmless fron any loss on account thereof, except that the owner shall defend all 9 such suits and claims and shall be responsible for all such loss when a particular design, device, material, or process, or the product of a particular manufacturer or manufacturers is specified or required by the owner; provided, however, if choice of alternate design, device, material,-.or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless from any loss on account thereof. If the material or process specified required by the owner is an in- fringement, the Contractor shall be responsible for such loss unless he promptly gives such information to the Owner. 3.15 LAWS AND ORDINANCES: The Contractor shall at all times observe and comply with all Federal, State and local laws, ordin- ances and regulations, which in any manner affect the Contract or the work, and shall indemnify and save harmless the owner against any claim arising from the violation of any such laws, ordinances, and regulation, whether by the Contractor or his employees, except where such violations are called fcr by the provisions of the Contracts Documents. If the Contractor observed that the plans and specifications are at variance there- with, he shall promptly notify the Engineer in writing, and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work kn-3wing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, he shall bear all costs arising therefrom. In case the Owner is a body politic and corporate, the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the owner may enter into contract, shall be controlling, and shall be considered as part of this contract, to the same effect as though embodied herein. 3.16 ASSIGNMENT AND SUBLETTING: The Contractor further agrees that he will retain personal control and will give his personal attention to the fmlfillment of this contract and that he will not assign by Power of Attorney, or otherwise, or sublet said contract without the written consent of the Owner, and that no part or feature of the work willI(e sublet to anyone objection- able to the Engineer or the Owner. The Contractor further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations-to the Owner, as provided by this Agreement. 3.17 CONTRACTOR'S .AND SUB-CONTRACTOR'S INSURANCE: The Contractor shall not commence work under this contract until he has obtai:.ed all the insurance required under the following sub-paragraphs and such insurance has been approved by the Owner, nor shall the Contractor allow any sub-contractor to commence work on a sub- contract as required for the Contractor. 10 3.171 COMPENSATION INSURANCE: The Contractor shall procure and shall maintain during the life of this contract Workmen's compen- sation Insurance for all of his employees to be engaged in work on the project under this contract and, in case of any such work sublet, the Contractor shall require the sub-contractor similarly to provide Workmen's Compensation Insurance for all of the latter's employees to be engaged in such work, unless such employees are covered by the protection afforded by the Contractor's Workmen's Compensation Insurance. In case any class of employees engaged in hazardous work on the project under this ccntract is not protected under the Workmen's Compensation Status, the Contractor shall provide and shall cause each sub-contract-)r to provide adequate Employer's General Liability Insurance for the protection of such of his employees not otherwise protected. 3.172 CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE: The Contractor shall procure and shall maintain during the life of this contract Contractor's Public Liability insurance in an amount not less than $50,000 for injuries, including accidental death, to any one,person, and subject to the same limit for each person, in' Ai amount not less than $100,000 on account of one accident, and Contractor's Property Damage Insurance in an amount of not less than $25,000 on account of one accident and $50,000 aggregate. 3.173 ADDITIONAL LIABILITY: The Contractor shall furnish insur- ance as separate policies or by additional endorsement to one of the above mentioned policies, and in the amount as set forth for public liability and property damage, the following insurance: a. Contingent Liability b. Blasting, prior to any blasting being done. c. Collapse of buildings or structures adjacent to excav- ation (if excavations are to be performed adjacent to same). d. Damage to underground utilities. e. Builders risk (where above-ground structures are involved). 3.174 AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE: The Contractor shall procure and maintain, during the life of -this contract, Automobile insurance in an amount not less than $25,000 for injuries, including accidental death, to any one person and subject to the same limit for each person, an amount not less than $50,000 on account of one accident, and automobile property damage insurance in an amount not less than $5,000. 3.175 SCOPE OF INSURANCE AND SPECIAL HAZARD: The Insurance required under the above paragraphs shall.provide adequate pro- tection fAr the Contractor and his sub-contractors, respectively, against damage claims which may arise from operations under this contract, whether such operations by the insured or by any one 11 directly or indirectly employed by him. Insuran-:e also shall be provided against special hazards, if any, as may be set forth in the special conditions or Special Provisions, or elsewhere in these Contract Documents. 3.176 PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the Owner with-satisfactory proof of coverage by insur- ance required in these Contract Documents in amounts and by carriers satisfactory to the Owner. Proof of carriage of insur- ance by sub-contractors shall be furnished. 4. PROSECUTION AND PROGRESS 4.01 TIME AND ORDER OF COMPLETION: It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the contractor shall be allowed to prosecute his work at such times and seasons, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and the time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the Proposal; provided, also that when the Owner is having other work done, either by contract or by his own force, the Engineer may direct the time and manner of constructing the work done under this contract, so that conflict will be avoided and the construction of the various works being done for the owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Engineer,schedules which shall show the order in which the Contractor proposed to carry on the work, with dates in which the contractor will start the several parts of the work, and estimated dates of completion of the several parts. 4.02 EXTENSION OF TIME: Should the Contractor be delaye3 in the completion of the work by any act or neglect of the owner or Engineer, or of any employees of either,or by other contractors employed by the Owner, or by changes ordered in the work, or by strikes, lockouts, fires, and unusual delays by common carriers, or unavoidable cause or causes beyond the Contractor's control, or 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 Lo be determined by the Engineer; provided, however, that the Contractor shall give the Engineer prompt notice in writing of the cause of such delay. 4.03 HINDRANCES AND DELAYS: No claims shall be made by the Contractor for damages resulting from hindrances or delays from any cause (except where the work is stopped by order of the owner) 12 during the progress of any portion of the work embraced in this contract. In case said work shall be stepped by the act of the owner, then such expense as in the judgment of the Engineer is caused by such stoppage of said work shall be paid t.y the Owner to the Contractor. 4.04 LIQUIDATED DAMAGES: The Contractor agrees that titre is of the essence of this contract, and that, for each day of delay beyond the number of days herein agreed upon for the completion of the work herein specified and contracted for (after due allowance for suc3, extension of time as io provided for under Extension 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 set forth in these Contract Documents), as stipulated liquidated damages for such delay. 5. MEASUREMENT AND PAYMENT 5.02 QUANTITIES AND MEASUREMENTS: No extra or customary measure- ments of any kind will be allowed, but the actual measured and/or computed length, area, solid contents. number, and weight only shall be considered, unless otherwise specifically provided. .5.02 ESTIMATED UTIANTITIES: This Agreement, including the specifications, plans and estimate. is intended to show clearly .all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this Contract, they are approximate and are te- be used only as a basis for estimating the probable cost of the work and,for comparing the proposals offered for the work. Itis understood and agreed that the actual amount of work to be done and material to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under thi9 contract is the unit price method, payment shall be for the actual amount of such work done and the material furnished. Where payment is based on the unit price method, the Contractor agrees that he will make no claim for damages, anticipated profits or otherwise on account of any differences which may be found between the quantities of work actually done, the material actually furnished under this contract and the estimated quantities contem- plated and contained in the proposal; provided, however, that in case the actual quantity of any item should become as much as 25% more than, or 25% less than the estimated cr contemplated quantity for such items, then either party to this Agreement, upon demand, shall be entitled to a revised consideration upon the portion of the work above or below 25% of the estimated quantity. 13 Any revised consideration in to be determined by agreement between the parties, otherwise by the terms of this Agreement, as provided under "Extra Work". 5.03 PRICE OF WORK: In consideration of the fpm nishing of all the necessary labor, equipment and material, and the cornplet!':n of all work by the Contractor, and on the completion of all work and of the delivery of all material embraced in this contract in full conformity with the specifications and stipulations herein con- tained, the Jwner agrees to pay the Contractor the prices set forth in the Proposal hereto attached, which has been made a p&rt of this contract. The Contractor hereby agrees to receive such prices in full for furnishing all material and all labor required for the aforesaid work, also for all expense incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this Agreement, the attached specifi- cations and requirements of the Engineer. 5.04 PARTIAL PAYMENTS: On or before the 10th day of each month the Engineer shall prepare a statement showing as completely as practicable the total value of the work done by the Contractor up to and including the last day of the preceding month; said state- went shall also include the value of all sound materials delivered on the site of the work that are to be fabricated into the work. The owner shall then pay the Contractor on or before the 15th .day of the current month the total arrDunt of the Engineer's statement, less 10 per cent of the amount thereof, which 10 per cent shall be retained until final payment, and further less all previous payments and all further sums iq understood, however, that in case the whole work be near to completion and some unexpect- ed and unusual delay occurs due to no fault or neglect on the part of the Contractor, the owner may upon written recommendation of the Engineer pay a reasonable ana equitable portion of the retained percentage to the Contractor; or the Contractor, at the Owner's option, may be relieved of the obligation to fully complete the work and, thereupon, the Contractor shall receive payment of the balance due him under the contract subject only to the condi- tions stated under "Final Payment". '5.05 USE OF COMPLETED PORTIONS: The Owner shall have the right to take possession. of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions may not have expired, but such taking possession and use shall not be deemed an acceptance of any work nit completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation, or extension of time, or both, as the Engineer may determine. 14 5.06 FINAL COMPLETION AND ACCEPTANCE: Within ten (10) days after the Contractor has given the Engineer written notice that the work has been completed, or substantially completed, the Engineer and the owner shall inspect the work and within said time, if the work be found to be completed or substantially completed in accord- ance with the Contract Documents, the Engineer shall issue io the owner and the Contractor his Certificate of Completion, and there- upon it shall be the duty of the Owner withinithe (10) days to issue a Certificate of Acceptance of the work to the Contractor. 5.07 FINAL PAYMENT: Upon the issuance of the Certificate of Completion, the Engineer shall proceed to make final measure- ments and prepare final statement of the value of all Work per- formed and materials furnished under the terms of the Agreement and shall certify same to the Owner, who shall pay to the Contractor on or after the 30th day, and before the 35th day, after the date of the Certificate of Completion, the balance due the Contractor under the terms of this Agreement, provided he has fully performed his contractual obligations under the terms of this contracts and said payment shall become due in any event upon said performance by the Contractor. Neither the Certificate of Acceptance nor the final payment, ncr any provision in the Contract Documents, shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the Special Conditions of the Specifications. 5.08 PAYMENTS WITHHELD: The Owner may, on account of subse- quently discovered evidence, %4thh}'ld or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: a. Defective work not remedied. b. Claims filed or reasonable evidence indicating probable filing or claims. c. Failure of the Contractor to make payments properly to sub-contnhctors or for material or labor. d. Damage to another contractor. When the above grounds are removed, or the Contractor provided a surety Bond satisfactory to the Owner, which will protect the -owner in the amount withhold, payment shall be mace for amounts withheld because of them. 5.09 DELAYED PAYMENTS: Should the Owner fail to make payment to the Contractor of the sum named in any partial or final statement, when payment is due, or should the Engineer fail to issue any statement on or'before the date above provided, then the owner shall pay to the Contractor, in addition to the sum shown as due by such statement, interest thereon at the rate of Six (6) per cent per annum, unless otherwise specified, from date due as 15 provided under "Partial Payments" and Final Payments", until fully paid, which shall fully liquidate any injury to the Con- tractor growing out of such delay in payment, but the right is expressly reserved to the Contractor in the event payments be not promptly made, as provided under "Partial Payments", at any time thereafter to treat the contract as abandoned by the Owner and recover compensation, as provided under "Abandonment of Contract". unless such payments are withheld in accordance with the provisions of "Payments Withheld. 6. EXTRA WORK AND CLAIMS 6.01 EXTRA WORK: It is agreed that the Contractor shall perform all Extra Work under the direction of the Engineer when presented with a Written Work Order signed by the Engineer, subject however, to the right of the Contractor to require a written confirmation of such Extra Work Order by the Owner. It is also agreed that the compensation to be paid the Contractor for performing said Extra Work shall be determined by one or more of the following methods: Method A - By agreed unit prices; or Method B - By agreed lump sum; or Method C - If ;neither Method A nor Method B be agreed upon before the Extra Work is commenced, then the Contractor shall be paid the "actual field cost" of the work, plus fifteen (15) per cent. In the event,Faid Extra Work be performed and paid for under Method C, then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, and materials, supplies, teams, trucks, and rentals on machinery and equipment, for the time actually employed or used on such Extra Work, plus actual transportation charges necessarily incurred t6gether with all power, fuel, lubricants, water, and similar operating expenses, also all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security', Old Age Benefits and other payroll taxes, and a rateable proportion of premiums on Performance and Payment Bonds, and Maintenance Bonds, -and on Public Liability and Property Damage, and Workmen's Compen- sation, 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 Engineer may direct the form in which accounts of the "actual field cost" shall be kept and the records of these accoun-8 shall be made available to the Engineer. The Engineer may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used= otherwise these matters shall be determined by the Contractor. Unless otherwise agreed upon, the.j=ices for the use of machinery 16 and equipment shall be determined by using 100 per ce.n t, unless otherwise specified, of the latest uchedule of Equipment Owner- ship Expense adopted by the Associated General Contractors of America. Where practicable the terms and prices for the use of machenery and equipment shall ba incorporated in the Written Extra Work Order. The fifteen (15%) per cent of the "actual field cost" to be paid the Contractor shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all cother elements of cost and expense not embraced within the "actk•,al field cost" as hereindefined, save that where the Contractor's Camp or Field Office must be main- tained primarily on account of such Extra Work; then the cost to maintain and operate the same shall be included in the "actual field cost". No claim for Extra Work of any kind will be allowed unless ordered in writing by the Engineer. In case any orders or instructions, either oral or written, appear to the Contractor in involve Extra Work for which he should receive compensation or an adjustment in the construction,time, he shall make written request to the Engineer for written order authorizing such Extra Work. Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefor, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making writtei: request for written order and shall keep an accurate account of the "actual field cost" thereof, as provided under Methol The Contractor will thereby perserve the right to sub- mit the matter of payment to arbitration, as hereinbelow provided. 6.02 TIME OF FILING CLAIMS: It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Engineer within thirty (30) days efter the Engineer has given any directions, order or instruction to which the Contractor desires to take excep- tion. The Engine - -Ik>ll, within a reasonable time, reply to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the Engineer's decision, and demand 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 decision. -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 Viere noted otherwise in the Contract Documents, 6.03 ARBITRATION: All qvestions 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 three, one named in writing by each party, and the third chosen by the two arbiters so selected; or if the arbiters fail to select a thiA within ten (10) days, he shall be chosen 17 by a District Judge serving the County in which the majorportion of the project is locAted, unless otherwise specified. Should the party demanding arbitration fail to name an arbiter within ' ten (10) days, the Engineer shall appoint such arbiter. Should either party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take ex parte proceedings. The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract. The decision of the arbiters upon any question submitted to arbitration under this contract shall be a condition precedent to any right of legal action. The decision of the arbiter or arbiters may be filed in ~:ourt to carry it into effect. The arbiters, if they deem the case demanda.it, are authorized to award the patty 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 occasioned thereby. The arbiters shall fix their own compensation, unless otherwise provided by agreement, and shall assess the cost and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writing. . 7. ABANDONMENT OF CONTRACT 7.01 ABANDONMENT BY CONTRACTORs In Case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner, or the Engineer, or if the Contractor fails to gdmply with the orders of the Engineer, when such orders are consistent with the Contract Documents, then, and in that case, where performance and payment bonds exist, the Surety on the bonds shall be notified in writing and directe3 to complete the work, and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, tools, materials, or supplies then on the job, but the same, together with any materials, and equipment under contract for the work, may be held for use on the work by the owner or the surety on the performance and payment bonds, or another ecntractor in completion of the works and the Contractor shall not receive any rental or credit therefor (except when used in connection with Extra Work, where credit shall be allowed as provided for under Section 6, Extra Work and Claims), it being understood that the use of such equip- ment and materials will ultimately reduce the coat to complete the work and be reflected ih the final settlement. 18 Where there is no performance bond provided or in case the Surety should fail to commence compliance with the notico for completion hereinbefore provided for, within ten (10) days after service of such notice, then the owner ,na., provide for complftion of the work in either of the following elective manners: 7.011 The Owner may thereupon emplpy such force of men and use such machinery, equipment, tools, materials, and supplies as said owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials, and supplies to said Contractor, and expense so charged shall be de- ducted and paid by the Owner out of such moneys av may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract if the same had been completed by the Contractor, then said Con- tractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this Contract if the same had been completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to the Owner; or 7.012 The Owner, under sealed bids, after five (5) days notice published one or more times in a newspaper having general circulation in the county of the location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the owner under the new contract as coonared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefor. However, should the cost to complete any such.new contract prove to be less than what would i have been the cost to complete under this contract,the Contractor and/or his Surety shall be credited with the difference. When the work shall have been substantially completed the Con- tractor his Surety shall be so notified and Certificates of Completion and Acceptance, as provided in paragraph 5.06 herein- above, shall be issued. A complete itemized statement of the contract amounts, certified to by the Engineer as being correct, shall then be prepared and delivered to the Contractor and his Surety, whereupon the Contractor and/or his Surety, 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 complete the work is less than that which would have been the cost to the owner had the work been completed by the Contractor under the terms of this Contract) or when the Contractor and/or his Surety shall pay the balance shown to be due by th4* to the Owner, then all machinery, equipment, tools, materials, or supplies left 19 on the site of work shall be turned over to the Contractor and/or his Surety. Should the, cost to complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials, or supplies on the site of work, notice thereof, together with an itemized list of such equipmentand majejtials,~shall be mailed to the Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satist'y this condition. After mail ing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such pro- perty. After fifteen (15) days fr.:m the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sales, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or enpplies, which remain on the work and belong to persons other than the Contractor or his Surety, to their proper owners. The books on a7.1 operations provided herein shall be open to the Contractor and his Surety. 7.02 ABANDONMENT BY OWNER: In case the owner shall fail to comply with the terms of this Contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of work that have not been included in payments to the Contractor and have not been wrought into the work. And thereupon, the Engineer shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually com- pleted by said Contractor (at the prices stated in the attached proposal where unit prices are used), the value of all partially completed work at a fair and equitable pricey and the amount of all Extra Work performed at the prices agreed'-upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the -whole work to completion and which cannot be utilized. The Engineer shall then make a final statement of the balance due the .Contractor by deducting from the above estimate all previous payments by the Owner, and all other sums that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner, who shall pay to the Contractor, on or before thirty (30) days after the date of the notification by the Contrac- tor, the balance shown by said final statement as due the Contractor under the terms of this Agreement. 20 • DETAIL SPECIFICATIONS PROPOSED OFFICE AND HANGER BUILDING FOR AEROSMITH DENTON CORPORATION CITY OF DENTON, TEXAS = OWNER SECTION - 100 GENERAL 100.1 MATERIALS: These specifications are intended to be so written that only materials of the best quality s.d grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some dotail will not relieve the Contractor of full responsibility for providing materials of high quality and protecting them adequately until incorporation in the project. 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 permission of the Engineer to make a substitution for the materials which has been specified. 100.2 WON(MANSHIP: These specifications contain detail instructions and descriptions covering the major items of construction and workman- ship necessary for building and completing the various units or elements of the project. The, specifications are intended to be so written. that only first class workmanship and finish of the bast grade and quality will result. The fact that these specifications may fail to be so complete as to cover all details will not relieve the Contractor of full responsibility for providing a completed project of high quality, first class finish and appearance and satisfactory for opera- tion, all within the apparent intent of the plans and specifications, 100.3 HANDLING MATERIALS NOT APPROVED: The Contractor shall remove from the site any materials found to be damaged and any materials not meeting the specifications shall be taken off the site. These materials shall be removed promptly, unless the Engineer will accept the materials after repairing. Materials which are installed and found damaged or not acceptable, shall be removed and replaced. Inspection before installa- tion shall not relieve the Contractor from responsibility to furnish good quality materials. 100-1 100.4 STANDARD SPECIFICATIONS: All construction shall conform to the applicable standard specifications of the City of Denton, Texas. Bidders shall inspect the site of the proposed building and familiarize thezwelves with all building and other codes and regulations which will be imposed by the City of Denton for such projects. 100.5 PAYMENT: Payment shall be based on a lump sum bid and shall be payable to the contraction upon the completion of the project acceptance by the city. Payment shall be made by the issuance of time warrants as stated in the notice to Bidders of these specifications. 100.6 LOCATION: The building will be erected on the airport property as shown on sheet #3 of the attached plans which are made a part of these specifications. 100.7 The hangar building as described in these specifications and drawings shall be erected to include the accessories as shown, including skylight panels, hangar doors, door tracks, roof extension over the hangar doors and sheeted door shrouds. Roof and wall sheeting as well as sheeting of shrouds and guttering and downspouts and other trim shall have a vinyl color coating as specified by the City of Denton. Hangar doors s'iall operate on tracks set in concrete base. 100.2 SECTION 101 - EXCAVATION 101.1 Building site The contractor shall fine grade the area to be covered by the building and level same ready to receive the three- inch thick layer of cushion sand. Sand fill shall be spread so top will. be five inches below the level of the finished floor slab. 101.2 Foundations Piers shall be drilled of the size shown on the plans and located at the column centers. Excavate for the spread footings under the haydite block wall which separates the hangar from the lean-to. Excavate for the concrete grade beams along the exterior wall and under the haydite bl.)ck wall, and for all tie beams. 101.3 Back Fill After concrete grade beams and tie beams have set and forms have been rcmevcd, back-fill all trenches, using the excavated material. Sack-fill shall be well puddled and rsm:aed in place. 101-1 SECTION 102 CONCRETE WORK 102.1 All concrete shall be 3,000 pound, five sack, transit mix, and shall be well puddled in piers, beams and footings. In placing concrete in forms and over sand cushion, care shallbs exercised so that reinforcing steel will riot be disturbed. 102.2 Concrete floor slabs shall have a steel-trowelled finish and slab in hangars shall have treatment of hardener and shall have a slight pitch toward the floor drains. Hangar slab shall be saw-cut into rec- tangles approximately forty by thirty feet in size. 102.3 Reinforcing steel in piers, beams and slabs shall be of the sizes and spacing shown on the plans and in no case shall there be leas than one and one-half inches coverage of concrete over any reinforcing steel. 102.4 Forms for foundation beams shall be constructed of good lumber without cracks or knot-holes and shall be the size shown on the plans. They shall be well braced, straight and true and the tops of the beams shall be level. 102-1 SECTION 103 - MASONRY 103.1 Partitions separating the hangar and lean-to and those enclosing the offices, toilet rooms, radio room and shop shall be constructed of haydite blocks having the thickness shown on the plans. 103.2 [,adder type reinforcing shall be provided at every second course, and the courses shall be laid up with cement mortar. 103.3 The top course of the 8-inch wall will consist of lintel blocks filled with concrete and reinforced as shown on the plans. 103,1 . SECTION 104 - STEEL BUILDING 104.1 Design:_ Structural steel sections and welded plate members shall be designed in accordance with the AISC "Specifications for the Design, Fabrication and Erection of Steel Buildings". All light gage cold formed structural members shall be designed in accordance with AISI "Specifica- tions for Design of light gage cold formed steel structural members". 104.2 Primary Structural Framing: 1. Steel used in fabrication of rigid frames, columns and tapered beams shall have a minim-am yield of 42,000 psi and shall conform to minimum requirements of A 42, at manufacturers options. 2. All structural steel members shall be built-up welded shaped or hot rolled sections. 3. Flanges and webs of built-up welded members ehal' be joined by a continuous automatic submerged arc welding process. All shop welding shall be by operators qualified as prescribed in the "Standard Qualification Procedure of the American Welding Society". 104.3 Secondary Structural Members: 1. Steel used in fabrication of light gage cold formed structural • steel members shall have minimum yield of 50,000 psi. Purlins and girts shall be precision formed "Z" sections from high strength steel. 2. Lateral bracing to provide l,ngitudinal rigidity against wind forces shall be furnished with adjusting nuts on each end. 104.4 Painting of Structural Members All members and parts shall be thoroughly cleaned to remove all dirt, grease, oil and loose mill scale and shall be given one full shop coat of special high quality rust inhibiting zinc chromate primer. 104.5 Field Connections: 1. All building parts shall be shop punched for bolted field assembly. 2. Rigid frame connection bolts shall be of high tensile steel conforming to ASTM A-325 requirements. 3. Bolts for connection of secondary members shall be minimum of J" Cadmium plated machine bolts. 104.6 Roof and Wall Covering: 1. Roof and wall panels shall be minimum 26 gauge galvanized deep rib sheets. Galvanized steel covering shall have minimum zinc coating of 1.25 oz. per square foot - in accordance with A.S.T.M. A-446 or A-932. Colored paneling shall consist of high tensile special alloy galvanized steel sheets, properly chemically cleaned and de-greased before application of baked on enamel painting to both sides of sheet. 104-1 . 104.7 General: 1. All materials furnished shall oe within the standard industry tolerances for that material as specified for the building and the stated design conditions. 2. Foundation design shall be the responsibility of the buyer and all materials and'labor required for the foundation design will be furnished by the buyer, unless otherwise specified. Anchor bolts shall be set in strict accordance with manufacturers anchor bolt setting plan. 3. Building manufacturer shall provide anchor b%lt setting plans and errection drawings as required to complete the building. 104.8 The interior walls of the lobby and offices shall be covered with one-quarter inch thick pre-finished plywood, type as selected. The plywood shall be attached to the walls by 2" x 2" continuos, nailing strips attached to the girts and spaced not more than twenty-four inches on centers. 204-~ r SECTION 105 - MISCELLANEOUS METAL 105.1 Furnish and install steel bar joists over the area to be used for offices, radio room and shop. Size, spacing shall be as shown on the plans. After the insulation is placed over the joists, install a metal deck, 24-gauge in thickness. 105.2 Furnish and install steel door frames where shown on the plans, same to be securely anchored to the haydite tilc walls and filled with the necessary reinforcing for hinges and locks. 105.3 All windows shown on the palns shall be 3-feet by 4-feet in size, double hung, aluminum, and shall be securely anchored to the walls with the heads set at the same height as that of the doors. 105.4 The front entrance door shall be 3-feet by seven-feet in size and shall have a borrowed light on each side 18 inches wide. Door and side-lights shall be glazed with crystal plate glass. (Pittsburg Graylite #51). Door, sidelights and frame shall be constructed of tubular aluminum. 105.5 Provide door closer and push bar for exterior door only. 105-1 f - SECTION 106 - INSU1AT0N 100,1 Roof insulation shall be furnished "nd installed under the entire roof area with the exception of the canopies over the hangar doors. 106.2 Insulation shall be approved fiber glass, blanket-type, one and one-half inches thick and backed with white vinyl. 106.3 The insulation shall be supported above two-inch mesh. 20 Gauge galvanized wire netting. 106.4 Insulation over the steel joists in the lean-to and in the exterior wall of the offices, radio room and shop shall be approved fiber glass, blanket-type, one and one-half inches thick and backed with white vinyl. ~ I 106-1, i • SECTION 107 - PAINTING 107.1 Wooden doors shall receive a shop coat of spar varnish on the top and bottom edges, and one coat of primer paint before finish painting. 107.2 The hollow-core wood doors and metal frames in the haydite block partitions shall be given two coats of enameled paint in color selected. 107.3 The interior surface of the haydite block walls in the office, lobby and toilet areas shall be given two coats of water base paint. II 107-1( . R • SECTION 108 - PLUMBING 108.1 Plumbing work shall include furnishing and installing the plumbing fixture shown in the two toilet rooms; the floor drains and sand and grease trap in the hangar; and the septic tank and laterals to be located adjacent to the hangar building in compliance with Denton City Code. 108.2 The plumbing contractor shall dig the trenches necessary for the laying of underground piping and after inspection and approval of his work he shall back-fill the trenches, being careful to wet and tap all fill in place. 108.3 Basis for bid on septic tank shall assume location within 24 feet of nearest outside wall of rest room location. 108.4 slater lines shall be extended to all points required from an existing 1" water service pipe approximately S feet from the Building. 108-1 II , f SECTION 109 - ELECTRICAL • 109.1 This contract includes furnishing all labor and material required to install the electric system indicated on the plans. 109.2 All work shall be done in conformance with the City of Denton's specifications and with the provisions of the National Electrical Code, and none of the work shall be covered until it has been inspected and approved. 109.3 The contractor shall arrange with the Public Service Company to bring service to the building and for setting the meter, cutout, etc. 109.4 All wiring shall be run in rigid conduit from the service panel to the various outlets throughout the building. 109.5 Base and wall outlets shall be duplex. 109.5 Light fixtures in the lean-to area shall be 4-foot two tube flourescent. (Note that the shop area will not have ceiling fixtures.) 109.7 Light fixtures in the hangar shall be placed directly on tivi ' bottom of the steel trusses and shall be 18" diameter Benjamin-type. l . 1Q3-1' SECTION 110 - ASPHALTIC PAVEMENT 110.1 The bid will include the installation of prime coat and 2 Inches of Hot Mix Asphaltic Concrete on a base graded and laid by the Denton Public Works Department, who will thus establish drainage pattern for the master area. 110.2 Installation of prime coat and and asphalt surface course shall be in accordance with the City of Denton standard specifications. { J 10,1::, 1 The above plans, specifications, bid, bid proposal, and/or drawings are hereby approved by the contracting parties, and are incorporated intr and made a part of the general contract agreement by and between Contractor and the City of Detntt'on, called Owner. Dated and endorsed this I29th day of C-E Mack A.D. , 19 66 House and Hanna Iron Works Contractor By : /i4~~ Parfler , CITY OF DENTON, TEXAS, O%N'ER .1 By: ` Tj, ,,I d. ~ sZ r►~~.c o Robert L. Pearce Director of Community Development e