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CITY OF
DENTON, TEXAS
SPECIFICATIONS AND CONTRACT DOCUMENTS
FOR THE CONSTRUCTION OF
DRIVEWAY AND SIDFLWALX MROVEMENTS
AT FLOW MEMORIAL HOSPITAL
~j
Prepared By
Department of Community Development
CITY OF
DENTON, TEXAS C f
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TABLE OF CONTENTS
CONTRACT DOCUMENTS 1
MINIMUM WAGE RATES
INVITATION FOR BIDS a
INFORMATION AND SPECIAL INSTRUCTIONS TO BIDDERS b - e
PROPOSAL f - j
GENERAL CONDITIONS OF AGREEMENT 1 - 21
DETAIL SOECIFICATIONS
Section 100 General
Section 101 Clearing and Grubbing
Section 102 Compacted Fill
Section 103 Reinforcing Steel
Section 104 Preparation of Subgrade Including Lime Application
Section 105 Concrete
Section 105 Hot Mix Asphaltic Concrete
Section 107 Concrete Curb and Gutter
Section 108 Sidewalks j
N
STATE OF TEXAS j
/COUNTY OF DENTON X
(L
THIS AGREEMENT, made and entered into this day of
C , A.D. 19.(QL, by and between _ Denton Concrete
Company
of the County of Texas , State of Texas, Party of the First
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,
WITNESSETHs
That for and in consideration of the payments and agreements
hereinafter mentioned to be made and performed by owner, and under
the conditions expressed in the bond bearing even date herewith,
the Contractor hereby agrees with owner to commence and complete
the construction of certain improvements described as follows:
The Construction of Driveway and Sidewalk improvements
at Flow Memorial Hospital
a
and all extra work in connection therewith, under the terms as
stated in the Invitation for Bids, Proposal, and Information and
Special Instructions to Bidders, and General Conditions of Agree-
.
went attached hereto and hereby made a part of this contract by
reference the same as if set foAh at length hersini and at Con-
tractor's own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, supervision, labor, insur-
snce 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 40
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 ma',ce
payments on account thereof as provided therein.
IN WITNESS WHEREOF, the paities have executed this Agreement
In duplicate in the year and on the date first above written. i
-Denton Concrete CemnAny
Contractor
ATTESTt
by s
Charles N, Davis, Jr.
CITY OF DENTON, TEXAS, Owner
`
by s
Ze Martin, Mayor
C OF DBNTON, TEXAS
ATTESTr
Brooks Holt, City S•vcretary
City of Denton, Te: ?.s
APPROVED AS TO LEGAL FORMS
Jack Barton, City Attorney
City of Denton, Texas
r
MIY11VIUMi WAGE SCALE
i itou bclow have been determined by this City of:_ton
,
A000rdanee with the statutory requir0wents and prevailin;
r CL;1 11111 S
Ov-1+liiau ohall be paid for at the rate of one ar4d one-calf
tho regular x•ates for every hour worked in excess of
i . ty (~+~1 hours per wee.<,
? :.'.1 7 3N TE PER HR CLASSIr^Ir'ATIO't
r Co..,a41c ;;Lor Op. $ 1.50 Zaborer (Cour:on)
11' Iool, 01102':.tor 1.35 faintainer Oper.
: ~tal } uar~t So ttor 1.50 :Mason lender
-~a.,a vltt~lt3r Opor. 2,00 Vecnanlc e.3v
(Sett' Propollod ' Mechanic's Helper 1.50
v1i,star (r'owderman~ 2.25 Mixer Oper. (lo C.r. & over 1.?5
BrIa :l 4yor 2.00 ,Mortar Mixer "2=
lal_cl a Oporator 2.15 Mixer Oper. 1,;0
411do7.er Operator 1,75 (Less than to C. r.)
C4rpantai' 2.25 Oiler '..25
01a ~Yo1I Operator 1.90 Painter, Brush
Cor.cr~e•ca .^inisher 2.00 Painter, State Spray 2. CO
Ora~c Curator 1190 Pipe Layer 1,25
c:: Operator 1.90 Power Equip, Op. :loavy 2,0J
yrasiin~a Operator 1.90 Power Equip, Op. Light 1.75
Elovati Grader Op. 1.75 Pump Operator, Over 2" ~.~0
Pump Operator, 2" & Under -:.25
1rezar. 1.40 Boller Operate: ;C
:orm Builder 2.00 Scraper Opr. (Over 7 G. Y,} .75
Greacer 1,50- Soraper Opr. (7 O.Y. & UWncer)l,"5
Foist 0.:sr. (One Drum) 1.50 SAovel Operator 2.C;
Foist Oper. 1,75 Trenching' Machine Onar. 2.00
(Two Drum & Over Truck Driver (1 T or Zess) 1,25
Iron ;o-kor Rodman 1.50 Truck Driver (1E T or Over) 1.50
Iron Worrier Rtruo. Steel)2,00 Welder 2.00
Joint , 0rxer 1.5C
xottleuua 1.25
ino Contractor shall oomply with all State and Federal Laws
applioable to such work. ,
Tz.a above are minimum rates, Bidders shall base their bids on
rat:.s they expect to pay, if in excess of those listed. The Owner
vrill not consider olaims for extra payment to CONTRACTOR on account
of puymeat of wages,higher•then those speolfied.
INVITATION FOR BIDS
Sealed proposals addressed to the Honorable Mayor and City Council,
City of Denton, Texas, will be received at the office of the purchasing
agent in the Municipal Building until 10:00 A.M., Feburary 29, 19689
for the construction and completion of the following:
DRIVEWAY AND SIDEWALK IMPROVLNENTS
AT FLOW MEMORIAL HOSPITAL
At this time and place the proposals will be publicly opened
and read aloud. Any bid received after the appointed time will be
'returned unopened.
Copies of Plans, Specifications, and Contract Documents are on
file and may be examined without charge in the office of the City
.Engineer. Documents may be procured from the City Engineer upon deposit
of $25.00, which deposit may be refunded as provided iti the Contract
Documents.
A cashier's check, certified check or acceptable Bidder's bond
payable to the City of Denton, Texas, in an amount not less than
five (5X) per cent of the bid submitted must accompany each. bid as
a guarantee that, if awarded the contract, the Bidder will, within
ten (10) days of award of contract, enter into a contract and execute
bonds required in the Contract Documents.
Attention is called to the fact that not less than the prevailing
wags rates as established by the City of Denton, Texaa, and as herein-
after set forth in the Contract Documents hereinbefore described and which
are made a part hereof, must be paid on the project.
A performance bond and payment bond, each in amount of not less
than o:.e hundred (100X) per cent of the contract price conditioned
upor. the faithful performance of the contract snd upon payment of all
persons supplvinq labor of furnishing materialu, will be required.
Also, a -maidtenance'bond iri the amount of ten' (10%) percent of the
contract price will be required.
.In case of ambiguity or lack of clearness in stating proposal
prices, the City of Denton, Texas, reserves the right to adopt the
most advantageous proposal thereof, or to reject any or all bids, and
waive formalities. Fo bid may be withdrawn within thirty (30) days
after date on -Which bids are opened.
CITY OF DENTON, TEXAS
Robert L. Pearce
Director of Community Development
a
INFORMATION AND INSTRUCTION TO BIDDERS
• 1. Work to be Doae: The work included under this contract consists
of furnishing all materials, tools, equipment, etc. necessary for the
construction and completion of a driveway to the emergency room and a
sidewalk to the parking lot at Flow Memorial Hospital.
2. Materials Furnished by Owner: The Owner will furnish NO materials.
The Contractor shall furnish all materials, equipment, etc.
3. Time of Completion: The Cwner 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 complete the project within the
time set forth in the Proposal, the Amer shall withhold permanently
from the payments to the Contractor the sum of twenty ($20.00) dollars
per day as liquidated damages, as set forth in Section 4.04 of the
General Conditions of the Agreements.
4. Bid Form: Bids shall be made on the 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.
5. Bid Security: Each Proposal must be accompanied by a certified
check or acceptable bid bond in an amount equal to at least five
(5X) per cent of the amount bid as a guarantee that, if awarded a
contract, the bidder will execute such contract within ten (10)
days, and make bonds of one hundred (100X) per cent of the contract
price.
6. Performance Bond 'h the execution and delivery of the contract,
the Contractor shalt •h performance bond for the full amount of
the contract. Bond s executed by an approved surety company
authorized to do basin% 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 Unites States
of America.
7. Payment Bonds In addition to the Performance Bond, the Contractor
will'furnish a Payment Bond 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 companies holding Certificates of Authority from the Secretary
of the'Treasury of the United States of America.
b
8. Maintenance Bond: In addition to the Performance Bond and Payment
Bond, the Contractor will furnish a Maintenance Bond for ten (10%)
per cent of 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 Unites States of America. Maintenance Bond shall remain in
force for a period 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
+.his period.
4. Property Protection: Trees, fences, signs, poles, guy wires, and
all other property shall be protected unless their removal is authorized,
and any property damage shall be satisfactorily restored by the Contractor.
10. Patents and Permits: This contractor shall, at his ewn 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.
11. Change of Location: No change in the alignment 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, except as provided by
unit price.
12. Barricades, Guards, and Safety Provisions: To protect persons
from injury and to avoid damage, adequate barricades, construction
signs, torches, red lanterns and guards as required shall be placed
and maintained during the progress of the construction work and until
safe for traffic. Whenever required, watchmen shall be provided to
prevent accidents, and no extra compensation will be allowed therefor.
Rules and regulations of the local authorities respecting safety provi-
sions shall be observed.
13. Investigation of Local Conditions: Prior to submission of a proposal, i
the Contractor shall have made a careful examination of the site of the s
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, the 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$
c
14. Refund on Deposit: It is intended that all parties with an
interest in the work be given a reasonable opportunity to examine the
documents and prepare a bid or sub-bid without charges or forfeiture
of deposit. Documents may be examined without charge as noted in the
Advertisement for bids and at certain service organizations (Texas
Contractor, Dodge Reports). Where documents are obtained from the
Engineer upon a deposit, as required in advertisement for bids, a
refund on deposit will be made as follows:
a. For bidders who submit a bona fide bid to the Owner, a full
refund on deposit will be made on one set of documents procured
by such bidder.
b. For other persons, I. e.g sub-contractors, material suppliers, etc.,
a full refund of deposit will be made provided that the documents
are returned within ten days of the bid date, (exclusive of time
allowed for mailing).
c. No refund of deposit will be made on documents which are not
returned to the Engineer on or bP0-re the 10th day after the
date of receiving bids.
15. Interpretation of Quoted rz! ces: In case of a difference between
the written words and the figures in the Proposal, the amount stated
in written words will''be'considered'e.; the bid.
16. ''Interpretation of'Specificatiorn►s:' Any question as to the meaning
of any specifications will be answered by Addendum which will be sent
to all who have been.furnished with'the plans and specifications.
I 1 . 1 r 11 . 1 I, r., 1 r,
17. Payment Payment will be made as set forth in the General Conditions
of Agreement and Detail Specifications.
18. Water'for Constructions' Th& 'Contractor' shall make his own arrangements
for water used under this contract.' 'In the event it is desired to purchase
water'from the'City'of Denton, the City will designate which fire hydrant
the water is to be taken from and will install a meter thereon. The
('ontractor'mdat'furnish all'Other necessary valves, piping, and fitting,
and labot're'quired to'make the"connection at'higl'expense.' City rates that
will 'be 'charged for this 'water are as follows:
First' 3,0001'Gallona per month @ 0.90'per 1,000 gallons
Next'" 70000'Gallons per'month @0.55'per'1,000 gallons
" Next'' 20;6001'Gall'onA"per"month''@ 0.'45 per 1,000 gallons
Next 50,000 Gallons per month @ 0.37 per 1,000 gallons
..I I'~ , 114 1, .II 11 rl i 1/ I I 1„ 1111 IJ. I i 1'~ .IIr, ,II II sir i
! .r .11 41161, 1$ IV. In , I. 1... 111 111, I kid, 11 III "I. I,.. ,.rill
I j . 111 , 1 r 1, .11 i/I I I 1.. 11rr 1 1 ,,1111. 1., I rl 1 r
•'I 1• r up 'ill ru rl Ih ,,.I I ~Ilr, 1'11 rl'„i I,n1 .
I~ I.1 I rl 111 .11,. 1 r. 1 I ,
1 1 1, 1 r , r
L l
i
19. Existing Utilities:
19.1 General: In the preparation of the Plans, the general location
of certain underground utility liners, which are known to the
Engineer, have been shown. It is possible that some main utility
lines have not been shown, and no attempt has been made to show
service lines. Hence, it is not guaranteed that all utility
lines or structures are shown on the plans.
19.2 Relocation of Existing Utilities: All utility lines that are
known to lie in a location that will interfere with the construc-
tion of any part of this project will be moved to a new location
by the Owner at no cost to the Contractor. Should it be necessary
to relocate other utility lines discovered in the course of the
work, the respective utility owning the line or lines will relocate
the line or lines at no cost to the Contractor. The Contractor
shall notify the utility concerned a sufficient P:aount of time
in advance and provide suitable access to the work so that a
minimum of inconvenience to all parties concerned is affected.
19.3 Protection of Existing Facilities: Where excavation endangers
adjacent structures and utilities, the Contractor shall at
his expense carefully support and protect all such structures
and/or utilities so there will be no failure or settlement.
In case damage to an existing structure or utility occurs,
whether failure or settlement, the Contractor shall restore
the structure or utility to its original condition and position
without ce+-.,pensation from the Owner.
e
PROPOSAL
Denton, Texas
Fehr1IAnr 2,=_,1968
PROPOSAL OF Ugnton Concrete .omaany
a corporation organized under the laws of the State of
a partnership consisting of
an individual trading as Charles N. Davis, Jr. ,
To the City of Denton, Texas:
Pursuant to Invitation to Bidders, as published, the undersigned
proposes to furnish all labor, materials, and equipment, and perform
all work for the complete construction of Driveway and Sidewalk
Improvements at Flow Memorial Hospital in strict accordance with the
attached Specifications and accompanying Plans for the following
prices to-wit:
ITEM ESTMATED DESCRIPTION UNIT PRICE TOTAL BID
NO. QUANTITY (Prices to be written in words) (Figures) (Figures)
1. 560 LF Construct concrete curb and t $ No Bid gutter, complete in place,
the sum of
dollars and
cents per linear
foot. ,
2. 810 SY Construct 4q, Hot Mix Asphalt $ No i_
Base, Type A, complete in,
place, the sum of
dollars and
cents per bquare
yard,
rill
it
ITEM ESTIMATED DESCRIPTION UNIT PRICE TOTAL BID
NO QUANTITY (Prices to be written in words) (Figures (Figures)
3, 22 SY Construct 6' concrete valley $ No Bid $
gutter, complete in place,
the sum of
dollars and
cents per square yard.
4. 785 SY Construct lk" Hot Mix Asphalt $ No Bid Surface, Type D, complete in
place, the sum of
dollars and
cents
per square yard,
5.~ 900 SYExcavation for Roaevr" $11.00 $200.00
Construction complete, the
sum of ' 'one
' 1 . X11 1 1 11 i i r
dollars' and no
cents per square yard.
6. 900 SY Subgrade Preparation,complete, $ .40 $ 360.00
the sum of "no
dollars' and forty
cents per 's'quare yard."
'
70 420 SY Construct 4" Concrete Sidewalk, *45 $ 189`_
complete in place,"the''s'um of
no dollars and
forty-five cents per
square foot
8. 30 LP ConeE'ruct, Concrote Steps, $34.20 51026.00
complete in place, the sum of
• thirty--four dollars pad
,..u twenty
.'coats' per
' idaar't t. '
a.
.z
ITEM ESTIMATED DESCRIPTION UNIT PRICE TOTAL BID
N0. QUANTITY (Prices to be written in words)(Fistures) (Figures)
9 150 CY Compacted Fill, complete in $-1-00
$ 150.00
place, the sum of
one dollars and
no cents per cubic
yard.
10 0.4 T Hydrated Lime for Stabilized $30.00 $ 12.00
Subgrade, the sum.of
thirty dollars and
no cents per ton.
11. 870 SY Construct b" Concrete Pavement ,$_4.9 S $ 4306.50
complete in place, the sum of
four dollars and
ninety-five cents per
square yard.
12 475 LF Construct b" Monolythic Concrete$,1.00 $ 415.00
Curb, complete in place, the sum
of one dollars
and no cents per
linear foot.
13 85 LF Construct Concrete'....rb and $ 1.50 $ 127.50
Cutter, complete in place, the
sum of one
dollars and
fifty cents per linear foot.
ASPHALT PAVEMENT:
Total Items 1 Through 10
Labor
Materials
Concrete Pavement:
Total Items 5 Through 13 S7546.00
Labor S4000.00
Materials $3546.00
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The undersigned bidder agrees to commence work within ten (10)
days After the date of written notice to commence work and to sub.
stentially complete the work on which he has bid within 40 working
days as defined in General Conditions of the Agreement.
Enclosed with this proposal is cashier's check or certified check
for 5% of Total
) Dollars which it is agreed shall be collected
and retained by the Owner, as liqu.dated damages in the event this
proposal is accepted by the Owner within thirty (30) days after the
date advertised for the reception of and the undersigned fails to
execute a contract and the required bonds with the Owner, under
the conditions hareof, within ten (10) days after the date said
proposal is accepted. Otherwise, said check or bond shall be returned
to the undersigned 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 above bid, and,that the bid submitted has been
carefully checked and is submitted as correct and final.
Respectrully submitted,
Denton Concrete Company
411 E. Sycamore Street
Denton, T as
Addre e
Title unaries
(Seal'if'Bidder is a corporation) "
GENERAL CONDITIONS OF AGREEMENT
1. DEFINITIONS OF TERMS
1.01 OWNER, CONTRACTOR AND ENGINEER: The Owner and the Contractor 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 shill consist of the
Notice to Contractors (Advertisement) Special Conditions (Instructions
to Bidders), Proposal, signed Agreement, Performance and Payment Bonds
(when required), Special Bonds (when required), General Conditions of
the Agreement, Technical Specifications, Plans, and all modifications
thereof incorporated in any of the documents before the execution of
the agreement.
The Contract Documents are complementary, and what is called for by
anyone shall be as binding as if called for by all.
1.03 SUB-CONTRACTOR: The term Sub-Contractor, as employed herein,
includes only those having a direct contract with the Contractor and
it includes 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 furnisher material not so worked.
1.04 WRITTEN NOTICE: Written notice shall be deemed 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 delivered at or sent by registered mail to the last busir.
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, furnish 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 to accomplish any change,
1
alteration or addition to the work shown upon the plans, or
reasonably implied by the specifications, and net 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 less than 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.
1.04 SULSTANTIALLY COLLETED: The term "Substantially Completed"
means 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 spec-Ified, all lines and
grades shall be furnished by the Owner or his representative. When-
ever necessary, construction work shall be suspended to permit per-
formance of this work, but such suspension will be as brief as practi-
cable, and the Contractor shall be allowed no extra compensation
therefor. The Contractor shall give the Owner or the Fagineer ample
notice of the time and place where lines and grades 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 DUTY: Unless otherwise specified,
it is mutually agreed between the parties to this Agreement that
the Engineer shall supervise all work included herein. He has
the authority to stop the work whenever such stoppage may be neces-
sary 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 determine
the amounts and quantities of the several 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 ru.y arise relative to the
execution of this contract on the part of said Contractor. The
Engineer's estimates and findings shall be the conditions precedent to
the right of the parties hereto to arbitration or to any action on the
contract, and to any rights of the Contractor to receive any money under
1
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 shell, 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 reason-
able time, an appeal to arbitration may be taken as if his decision has
been rendered against th% 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, permission,
order, designation or prescription, of the Engineer is intended; and
similarly, the words "approval", "acceptable", "satisfactory", 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 Contractor that
the 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
instructions 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 specifications;
provided, however, should the Contractor object to any order by any subordi-
nate engineer, supervisor or inspector, the Contractor may within six (6)
days make written appeal to the Engineer for his decision.
3
2.04 CONTRACTOF'S DUTY 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, a competent
superintendent and any necessary assistants, all satisfactory to the
Engineer. The superintendent shall represent the Contractor in his
absence and all directions given to him bhall be as binding as if given
to the Contractor. Important directions shall be confirmed in writing
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 conforsation of the ground, the character,
quality of the materials to be encountered, the character of equipment
and facilities needed preliminary to and during the prosecution of the
work, the general 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 WORKMEN: 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, unfaithful or disorderly, such man or men shall be
discharged from the work and shall not again be employed on the work with-
out the Engineer's written consent. %
2.07 CONTRACTOR'S EUILDING: The building of structures for housing men,
or the erection of tents or other forma of protection, will be permitted
only at such places as the Engineer shall direct, and the sanitary conditions
of the grounds in or aboi:t such structures shall at all times be maintained
in a manner satie,'actory to the Engineer.
2.08 SANITATION. Necessary sanitary conveniences for the use of laborers
on the work, prope•ly 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 specified, of all shop
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4Hd/or setting drawings and ec'edules required for the work of the various
Ithdes, anti the Engineer shall pass upon them with reasonable promptness,
msking deslted corrections. The Contractor shall make any correction required
by the Engineer, file with him two corrected copies and furnish such other
t-opies as may be needed. The Engineer's approval of such drawings or schedules
oiall not relieve the Contractor from responsibility for deviations from
tltawings or specifications, unless he has in writing called the Engineer's
attention to such deviations at the time of submission, nor shall it relieve
l►Im from responsibility for deviations for errors of any sort in shop
1ltswings or schedules.
J.IO PRELIMINARY APPROVAL: The Engineer shall not have the power to waive
ilia obligations of this contract for the furnishing by the Contractor of
good material, and of his performing good work as herein described, all
I$$ full accordance with the plans and specifications. No failure or omission
of the Engineer to Condemn any defect've work or material shall release
Ilia 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
(►f raid 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
Englnear, such acceptance shall be binding on the Owner, unless it can be
clearly shown that such material furnished does not meet the specifications
for this work.
Any questioned work may be ordered taken up or removed for re-examination
by the Engineer, prior to final acceptance, and if found not in accordance
with the specifications for said work, all expense of removing, re-examina-
tion 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
Ownerl provided that, where inspection or approval is specifically required
by tho specifications prior to performance of certain work, should the
Contractor proceed with such work requiring prior inspection or approval,
he ahell bear all expense of thking up, removing, and replacing this
work, If so directed by the Engineer.
2.11 DEFECTS AND THEIR REMEDIES: It is further agreed that if the work
of any part thereof, or any mate '_aL brought on the site of the work for
use in the work or selected for the same, small be deemed by the Engineer
as unsuitable or not in conformity with the specifications, the Contractor
shall, after receipt of written notice thereof from the Engineer, forthwith
temovq such material and rebuild or otherwise remedy such work so that it
shall be in full accordance with this contract.
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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 the construction, without affecting the valility of this
contract and the accompanying performance and payment bonds.
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 of the work that may be dispensed with, except as
provided for unit price items under Section S "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 S "Measurement and Payment"; otherwise, such additional
work shall be paid for as provided under Extra Work. In case the Amer
shall make such changes or alterations as make useless any work already
done, or material already furnished or used in said work, then the
Owner shall recompense the Contractor for any material or labor so used,
and for any 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 EQUIPMENTS 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 improve 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 give 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 Frith an adequate and reasonable number of
copies of all plans and specifications without expense to him, and the
Contractor shall keep cne copy of the same constantly accessible 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 eyception 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.
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1.111 ADEQUACY' OF DESIGN: It is understood that the Owner believes he has
"4414 1nyed competent engineers and designers. It is, therefore, agreed that
Illy tlvner shall be responsible for the adequacy of the design, sufficiency
Nl Ihp Contract Documents, the safety of the structure and the practicability
Hf }1te operations of the completed project; provided, the Contractor has
H+Ml+ W with the requirements of the said Contract Documents, all approved
10 WIlting by the Owner. The burden of proof of such compliance shall be
41111 the Contractor to show that he has complied with the said requirements /
cif tltr_ Contract Documents, approved modifications thereof and all approved
0'10111ctns and alterations thereto.
1k114 RIGHT OF ENTRY: The Owner reserves the right to enter the property
AI 11+1'Ation on which the works herein contracted for are to be constructed
1110talled, by such agent or agents as he may elect, for the purpose of
4141401vising and inspecting the work, or for the purpose of constructing
Al Notalling such collateral work as said Owner may desire.
10% gLLATERAL CONTRACTS: The Owner agrees to provide by separate contract
Qt otherwise, all labor and material essential to the completion of the work
OPMCIfically excluded from this contract, in such manner as not to delay
the Prtlgress on the work, or damage said Contractor, except where sttch
d0laya are specifically mentioned elsewhere in the Contract Documents.
106 D" CREPANCIES AND OMISSIONS: It is further agreed that it is the intent
of 1.11111 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
discrepaneies between the separate contract documents, specifications or
drawings, the Engineer shall define which is intended to apply to the work.
1,07 LQUIPMENT. 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 responsible for the care, preservation, conservation,
protection of all tools, apparatus, accessories, facilities, all means of
construction, 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 I)AMAGES: 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, thereby causing loss to the Contractor, the Owner agrees
that he will reimburse the Contractor for such lose. 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
7
loss for which the Owner becomes liable, then the Contractor shall reimburse
the Owner for such loss.
3.09 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC: The Contractor
shall take out and procure a policy or policies of workmen'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 necessary
barricades, warning lights or signs; and will be required to pay any judgment,
with costs, which may be obtained against the Amer 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
hunderd (100) per cent of the total contract price, on standard forms
for this purpose, guaranteeing faithful 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 by the Owner, the surety company under-
writing the bonds shall be acceptable according to the latest list of
companies holding certificates of authority from the Secretary of the
Treasary of the United States.
8
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 lose
or damage to the Contractor arising out of the nature of 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 obstruc' ons or difficulties
which may be encountered in the prosecution of the work, shall be sustained
and borne by the Contractor at his own cost and expense.
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 ancountered, which might be injured or seriously affected by any
process of construction to be undertaken under this agreement, from any
damage or ioiury b 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 SUPPLIESs rie 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 do 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 Contractor'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 in no
event shall the provisions of this sentence be construed to impose any
obligation upon the Owner by either the Contractor or his Surety.
9
3.14 PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION: The Contractor
shall pay all royalties and license fees, and shall provide for the use
of any design, device, material or process covered by letters patent or
copyright by suitable legal agreement with the patentee or Owner. The
Contractor shall defend all suits o: claims for infringement of any
patent or copyright rights and shall indemnify and save the Owner
harmless from any loss on account thereof, except that the Owner shall
defend all 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 infringement,
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, ordinances and regulations,
which in any manner affect the Contract ar the work, and shall indemnify
and save harmless the Owner against any :Iaim arising from the violation
of any such laws, ordinances, and regulation, whether by the Contractor
or his employees except where such violations are called for by the
provisions of the Contract Documents. If the Contractor observes that
the plans and specifications are at variance therewith, he shall promptly
notify the Engineer in writing, and any necessary changes shall be
adjusted as provided in the contrac' for changes in the work. If the
Contractor performs any work knowing it to be contrary to such laws,
ordinancest 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 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
fulfillment of this contract and that he will not assign the Power of
Attorney, or otherwise, or sublet said contract without the consent
of the Owner, and that no part or feature of the work will be sublet to
anyone objectionable 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 !,is 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 obtained 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.
3.171 COMPENSATION INSURANCE: The Contractor shall procure and shall
maintain during the life of this contract Workmen's Compensation Insurance
for all of his employees to be engaged in work on the project under this
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 contract is not protected
under the Workmen's Compensation Statute the Contractor shall provide
and shall cause each sub-contractor 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 s!ibject to the same limit for each person, in an amount not less than
$100,000 on account of une accident, and Contractor's Property Damage
Insurance in an amount of not leas than $25,000 on account of one accident
sod. $50,000 aggregate.
3.173 ADDITIONAL LIABILITY: The Contractor shall furnish insurance as
saparate policies or by additional endorsement to one of the above
me;,tioned policies, and in the a,oount as set forth for publ.c 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 excavation (if
excavations ate to be performed adjacent to same)
d. Damage to underground utilities
e. Builders risk (where above-ground structures are involved)
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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 iAjuries,
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 protection for the Contractor
and his sub-contractors, respectively, against damati claims which may arise
from operations under this contract, whether such operations by the indu.ed
or by any one directly or indirectly employed by him. Insurance 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 insurance required in these
Contract Documents in amounts and by carriers satisfactory to the Owner.
Proof of carriage of insurance 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 Prrposal;
provided, also that when the Owner is having other work done, either by contract
or by his own farce, 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 proposes to carry on the work with dates :.n 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 delayed 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
12
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
to be determined by the Engineer; provided, however, that the Contractor
shall give the Engineer prompt notice in writing of the cause of such delay.
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) during the progress of any
portion of the work embraced in this contract. In case said work shall be
stopped by the act of the Owner, then such expense as in the judgment of the
Engineer is caused by such stoppage of said work shall be paid by the Owner
to the Contractor.
4.04 LIQUIDATED DAMAGES: The Contractor agrees that time is of the
essence on 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 allowande for such extension of time as is
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
5.01 QUANTITIES AND MEASUREMENTS: No extra or customary measurements
of any kind will be allowed, but the ctual measured and/or computed
length, area, solid contents, number, and weight only shall be considered,
unless otherwise specifically provided.
5.02 ESTIMATED QUANTITIES: 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 to be used only
as a basis for estimating the probable cost of the work and for comparing
the proposals offered for the work. If is 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 this contract is the unit price method, payment shall
be for the actual amount of such work done and the material furnished.
13
Wfit,te payment is based on the unit price method, the Contractor
Woes that he will make no claim for damages, anticipated profits
k1i otherwise on account of any differences which may be found
I+Flween the quantities of work actually done, the material actually
fillnished under this contract and the estimated quantities contem-
11144ed and contained in the proposal; provided, however, that in
"440 the actual quantity of any item should become as much as 25%
1000 than, or 25% less than the estimated or contemplated quantity
tot such items, then either party to this Agreement, upon demand,
411411 be entitled to a revised consideration upon the portion of
111N work above or below 25% of the estimated quantity.
Aiq tevised consideration is to be determined by agreement between
1110 parties, otherwise by the terms of this Agreement, as provided
11114pr "Extra Work".
5011 PRICE OF WORK: In consideration of the furnishing of all the
"kP0saary labor, equipment and material, the completion of all
w0lit by the Contractor, and on the completion of all work and of
thu delivery of all material embraced in this contract in full
C"11(atmity with the specifications and stipule-ions herein con-
14111ed, the Owner agrees to pay the Contractot the prices set
faith in the Proposal hereto attached, which has been made a part
of this contract. The Contractor hereby agrees to receive such
prices in full for furnishing all material and all labor required
f0f the aforesaid work, also for all expense incurred by him, and
tnl^ well and truly performing the same and the whole thereof in
the manner and according to this Agreement, the attached specifi-
caltons, ani requirements of the Engineer.
S M 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 preceeding month. Said state-
ment shall also include the value of all sound materials delivered
on the site of the work that are to be fabricated into the work.
'111e Owner shall then pay the Contractor on or before the 15th
day of the current month the total amount of the Engineer's state-
ment, less 10 per cent of the amount thereof, which 10 percent shall
be retained until final payment and further less all previous payments
and all further sums as agreed upon. It is understood, however,
that in case the whole work be near to completion and some unex-
pected 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 and equitable portion
Ii
of the retained percentage to the Contractor; or the Conttactor, 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 conditions 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
ot such portions may not have expired, but such taking possession and
use shall not be deemed an acceptance of any work not completed in
accordance with the Contract Documents. If such prior use increaser,
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.
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 accordance with the
Contract Documents, the Engineer shall issue to the Owner and the
Contractor his Certificate of Completion, and thereupon it shall be
the duty of the Owner within the ten (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 measurements and prepare final
statement of the value of all work performed and materials furnished
under the terms of the Agreement and shall certify same to the Owner,
who shall pay to the 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
contract; and said payment shall become due in any event upon said
performance by the Contractor. Neither the Certificate of Acceptance
nor the final payment, nor any provision in the Contract Documents,
shall relieve the Contractor of the obligation for fulfillment of
any warranty which may be required in the Special Conditions of the
Specifications.
5.08 PAYMENTS WITHHELD: The Owner may, on account of subsequently
discovered evidence, withhold or nullify the whole or part of any
certificate to such extent as may be necessary to protect hiaself
from lose on account of:
15
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-contractors or for materials 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 withheld, payment shall be made for amounts withheld because of
them.
5.09 DELAYED PAYMENTS: Should the Owner fail to mane payment to the
Contractor of the sum named in any partial or final statement, when
payment is due, or ehould the Engineer fail to issue any statement
on or before tae 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 provided under "Partial Payments"
and "Final Payments", until fully paid, which shall fully liquidate
any injury to the Contractor growing out of such delay In payment,
but the right is 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 NXTRA 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.
16
In the event, said Extra Work be performed and paid for under
Method C, then the provisions of this paragraph shall apply and the
"actual field 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 nccessarily incurred
together 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,
Oid Age Aanefilr and other payroll taxes, and a rateable proportion
of premiums on Performance and Payment Bonds, and Maintenance Bonds,
and on Public 1,14bility and Property Damage, and Workmen's Compen-
sation, and all ether insurance as may be required by any law or
ordinance, or dltectly by the Engineer cr Owner, or by them agreed
to. The Enginapr may direct the form in which accounts of the
"actual field cnst" shall be kept and the records of these accounts
shall be wade 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 prices for the use of machinery and
equipment shall be determined by using 100 per cent, unless otherwise
specified, of the latest schedule of Equipment Ownership Expense
adopted by the Associated General Contractors of Americas Whore
practicable the terms and pticsa for the use of machinery and
equipment shall be incorposato4 In the Britten Extra Mork Order, The
fifteen (15) per cent of the "ectusl field cost" to be paid the
Contractor shall cover and compensate him for his profit, overhead,
gem-rsl superintendance, and field office expense, and all other elements
of Cost and expense not embraced within the "actual field cost" as
hereiadefined, save that where the Contractor's Camp or Yield Office
ftot be maintained primarily on account of such Extra Work; then the
b6#e to maintaia and opecare the same shall be included in the
"`Ir_t,.htj field cost.'"
09 6for Extra Wort id we kind vill be allowed unless ordered in
wrf~ toy the Engineer. It case any orders or instructions, either
oral of ~u,rttn, appe4~x to the Contractor to involve Extra Work for
wh"c lie *oxyld =eceia* compensation or an adjustment in the constru%,iton
tiler he 046t rake wrattett request to the Emginser for written order
tuthofiginf OW, Extra Worki Should a difference of opinion arise as
to what does 9g 40es aeA cbHatttute Extra Work, or as to the payment
therefor, trM by Lugli-ett 4614ts upon its performance, the Contractor
1l
x
Y
A ,
i'
i
I
shall proceed with the work after making written request for written
order and shall keep an accurate account of the "actual field cost"
thereof, as provided under Method C. The Contractor will thereby
preserve the right to submit 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 after the Engineer has given any directions, order
or instruction to which the Contractor desires to take exception.
The Engineer shall, 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,
a demand for arbitration shall be filed with the Engineer and ::.a
Owner in writing within ten (10) days after the date of delivery
to Contractor of the Engineer's final decision. It :i further
agreed that final acceptance of the work by the O n.e.- end the
acceptance by the Contractor of the final payment -'sail be a bar
to any claims by either party, except where noted otherwise in the
Contract Documents.
6.03 ARBITRATION: All questions 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, ons named in writing by each party and the
third chosed by the two arbiters so selected; or if the arbiters
fail to select a third within ten (10) days, he shall be chosen by
a District Judge serving the County in which the major portion 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 :o supply the arbiters with any papers or informa-
tion 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 court to
carry it into effect.
The arbiter, if they deem the case demands it, are authorized to
sward the party whose contention is sustained, such sums as they
deem proper for the time, expense and trouble incident to the
appeal, and if the appeal was taken without reasonable cause, they
may award damages for delay occasioned thereby. The arbiters
18
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 CONTRACTOR: 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 comply with the orders c:' 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 directed 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 fob, 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 contractor in completion of the work;
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 equipment and materials
will ultimately reduce the cost to complete the work and be reflected
in the final settlement.
Where there is no performance bond provided or in case the Surety
should fail to commence compliance with the notice for completion
hereinbefore, within ten (10} days after service of such notice,
then the owner may provide for completion of the work in either of
the following elective manners:
7.011 The Owner may thereupon employ 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
deducted and paid by the Owner out of such moneys as 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 Contractor shall receive the difference.
19
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 compared
to what would have been the cost under this contract, such increases
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 have been the
coat 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 Contractor
and his Surety shall be so. notified. and Certificates of Completion
and Acceptance, as rrovided in Paragraph 5.06 hereinabove, shall
be issued. A complete itemized statement of the contract amounts,
certified 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 must pay any amount due the Ovaer, as
indicated 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, then all machinery, equipment, tools, materials,
or supplies left 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 to 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. equipment and materials. shall be mailed
to the Contractor as designated in this contract; provided, however,
that actual written notice given in any manner will satisfy this
condition. After. mailing, mother 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 property. After fifteen (15) days from the date of
20
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 supplies, which remain
on the work and belong to persons other than the Contractor or his
Surety, to their proper owners. The books on all operations here-
in 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 completed 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 price, 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 coat of any provisions made by
the Contractor to carry the whole work to completion and which
can he utilized. The Engineer shall then make a final statement
of the balance due to 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 Agree-
ment, 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 Contractor, the balance shown by said final
statement as due the Cratiractor under the terms of this
Agreement.
21
NUJ
DRIVEWAY AND SIDEWALK IMPROVEMENTS
AT FLOW MEMORIAL HOSPITAL
DETAIL SPECIFICATIONS
SECTION - 100 GENERAL
100.1 MATERIALS: These specifications are intended to he so written that only
materials of the beat quality and grade will be furnished. The faLt that
the specifications may fail to be sufficiently complete in som= aetail 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 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 material which has
been specified.
100.2 WORKMANSHIP: These' specifications contain detail instructions and
descriptions covering the major items of construction and workmanship
necessary for building and completing the various units or elements of
the project. The specifications are intended to be so written that only
first class workmanship and finish of the best grade and quality will result.
The fact that these specifications may fail to be so complete as to cover
all details will not relieve the Contractor of full responsibility for
providing a completed project of high quality, first class finish and
appearance, and satisfactory for operation, 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 specificati'ons'. 'These'materials' shall be removed promptly, :
unless the'Eng'ineerlwill accep't' the' materials after reparing. Materials
which' are inst'sllad"and fo{ia'd 'damaged or not' 'acceptable, shall be removed
and repla'ced'. ' inspect'ion' before' 'ins ta`1'la'tib'n 's'h'all' not relieve the
Con'tracter'from reposponsibility to furnish good quality materials.
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I
SECTION 101 - CLEARING AND GRUBBING
101.1 CLEARING SITE Removal and disposal of all existing materials to
the extent Ias shown within construction limits on the plans, including
asphalt surface, trees, brush, and all other materials not to be incor-
porated in the completed work.
101.2 CLEARING: The entire project site shall be cleared of all trees,
stumps, brush, logs, and rubbish except such trees and brush as may be
designated by the Engineer to be left in place. The trees and brush
designated for preservation shall be carefully trimmed as directed and
shall be protected frox scarring, barking, or other injuries during
construction operations.
101.3 GRUBBING: On areas required for construction of embankments, all
stumps, roots, etc., shall be removed to a depth of at least one foot
below thr existing groun4 surface.
On areas required for borrow sites and material sources, stumps, roots,
etc., shall be removed to the complete extent necessary to prevent such
objectionable matter from becoming mixed with the material to be used in
construction.
101.4 CLEANING UP: All materials cleared and grubbed shall be disposed
of, and at the time of final acceptance of the project, the work shall j
present a neat appearance, free from all weeds, brush, rubbish, and
-and stumps.
101.5 MEASURF.MLNT AND PAYMENT: Clearing and grubbing work will not be
measured for direct payment, but will be considered as subsidiary work
pertaining to the various items of the Contract, and payment therefore
,Mall be included in Contract unit prices as shown on the proposal.
I
101-1
102 COMPACTED FILL
102.1 PREPARATION FOR PLACING:
EMBANKMENT: Prior to placing any embankment material, the
area upon which it is to be placed shall be scarified or roughened
by plowing to a depth of six (6) inches with furrows in general to
be parallel to existing contours or perpendicular to the natural
slope of the ground. It is essential that the ground be a roughened
condition to provide good bond when the first lift of embankment
is placed.
PLAC:\1G EMBANKMENT: The embankment shall be constructed to
the elevation, lines, grades, and slopes shown on the drawings, as
staked on the ground by the Engineer.
No frozen material shall be placed in any portion of the embankment
nor shall materials be placed on a frozen surface. No roots, trash,
or debris will be allowed in the embankment. After the subgrade or
base has been prepared as described above, the placing of embankment
material shall proceed as follows:
Upon the wetted subgrade, suitable earthen material shall
be placed in horizontal layers, not to exceed eight (8")
inches in thickness, loose, and leveled by road grader,
bulldozer, or other approved means. Each layer shall be
thoroughly and uniformly wetted to approximately optimum
moisture content to obtain 'maximum density in the embank-
ment. Final ccrxpaction shall be at least 95% Standard
Proctor. The'embankment shall be compacted with a sheeps-
foot type roller, water andbr sand ballasted, having tamping
feet uniformly staggered over its cylindrical surface and
equipped with cleaners. Tamping feet shall be round, dia-
mond, or square shaped with a face area of not less than
five (5) nor more than seven (7) inches. The roller shall
be capable of exerting a foot pressure of one hundred seventy-
five (175) pounds per square inch of bearing area when ballasted.
Roller as specified by the Texas Highway Department will be
acceptable, provided sufficient ballast is used to obtain tl-.e
above specified foot pressure. Other types of rollers capable
of obtaining the desired compaction may be used subject to
the approval of the Engineer.
At places where impossible to roll embankment with roller, material
shall be hand or mechanical tamped until the compaction is equal to
the 95% Proctor Density.
Rolling shall be done on alternate, areas, so as to keep the rollers
constantly busy and suc%:essive traps or paths of the rollers shall
overlap not less than one (1) foor,. The roller shall pass over each
part of every layer a minimum of eight (8) passes, but in no case
shall the density of-the compacted layer be less than 95% of Proctor
Density. One pass shall constitute the passing of one roller in one
direction over any area with one overlap over the path of the preceeding
roller.
102-1
SECTION 103 - REINFORCING STEEL
103.1 MATERIAL: Reinforcing bars shall conform to the Standard
Specifications of the American Society for Testing Materials for
Billet-steel Bars for Concrete Reinforcement, Designation:
A15-52 intermediate grade, open hearth or acid-b essemer. All
oars shall be deformed. Reinforcing mesh shall be woven or
electrically welded wire mesh fabric, cold drawn mild steel con-
forming to ASTM Designation A185-37.
103.2 BENDING: The reinforcement shall be bent cold to shapes
indicated on the plans. All bending of hard grade and rail-steel
bars shall be done in the shop. Bending of other grades shall
preferably be done in the shop. Bends shall be true'to the shapes
indicated, and irregularities in bending for stirrups and ties
shall be made around a pin having a diameter of not less than three
times the minimum thickness of the bar.
103.3 STORING OF STEEL: Steel reinforcement shall be stored above
the surface of the ground upon platforms, skids, or other supports
and shall be protected as far as practicable from mechanical injury
and surface deterioration caused by exposure to conditions Froduc-
ing rust. When placed in the work it shall be free from dirt,
scale, rust, dust, paint, oil or other foreign material.
103.4 PLACING AND MAINTAINING REINFORCEMENT: The steel shall be
placed in the forms exactly as shown on the plans. It shall be
maintained in place by wiring, by blocks of "one to two" mortar
properly grooved to hold the bars from lateral displacement, or
by an other effective meant approved by the Engineer. In instances
where two or three layers of reinforcemelt'are shown, approved
spacing blocks shall also be placed between each layer, spared
sufficiently close together to prevent appreciable sag of the bars.
The slab reinforcement shall be raised off the forms by means of
small concrete blocks of mixture as mentioned above and shall be
wired to the longitudinal bars to maintain the proper spacing. It
is very important that the length of the bars, spacing and bending
points in same be maintained as shown on the plans. Where splicing
is necessary, the bars shall be lapped at least 24 bar diameters,
but no bar shall be spliced at points of maximum tension. At all
corners and junctions, the reinforcement must tie together so that
the strengto of the junction shall equal the strength of the wall
or member, with bends and laps of at least 24 bar diameters.
103.5 INSPECTION: All reinforcing steel is to be inspected after
placing and approval by the Engineer. Not until this inspection
has been made, and approval obtained, may the pouring of concrete
proceed.
303.6 MEASUREMENT AND PAYMENT: Reinforcing steel will be paid for
at the unit prices bid fo- the various items of work requiring steel.
No separate payment shall be made for reinforcing steel.
103.1
SECTION 104 - PREPARATION OF SUBGRADE INCLUDING LIME APPLICATION
104.1 DESCRIPTION: After removing all material to top of subgrade
as shown on Plans, the base shall be scarified to a depth of six (6")
inches, then wind-rowed, bladed, and prepared to receive the lime for
stabilization. The subgrade shall then be pulverized completely with
an approved pulvimixer until all lumps and clods are thoroughly
pulverized.
104.2 METHOD OF APPLYING LIME: Lime shall be applied to 0.e prepared
subgrade so that the initial operation can be completed during the
same day. The application of the lime in the subgrade shall be
accomplished by the method hereinafter called the "Slurry Method".
The required amount of lime and water shall be determined by a
laboratory at the expense of the Owner.
104.3 APPLICATION OF LIME TO SUBGRADE: The slurry will be applied with
an approved distributor or water truck by making successive passes, if
necessary, to apply the correct amount of lime. The distributor or water
tank will be equipped with an agitator to keep the slurry in a consistent
mixture.
104.4 INITIAL MIXING WITH A DIST HARROW will follow lime application
immediately. After initial mixing, the subgrade will be lightly compacted
with a pneumatic roller to protect against rain damage. The subgrade
will be allowed to cure from twenty-four (24) to forty-eight (48) hours.
104.5 AT THE CONCLUSION OF INITIAL CURING final mixing shall begin.
The lightly compacted subgrade will be scarified to the required depth.
A high speed rotary mixer, such as a Seamon-Andwall Pulvi-mixer, will
follow until all clay clods will pass a one inch screen. The subgrade
material shall then be brought to optimum moisture.
104.6 FINAL COMPACTION SHALL BE ACCOMPLISHED in single or multiple lift,
depending on the equipment used. In either case, the subgrade will be
compacted from the bottom up to at least 95% of Standard Proctor. Moisture
density teat will be made continuously during compaction.
104.7 AFTER FINAL COMPACTION has been attained, the subgrade shall be
moistened, if necessary, shaped to final lines, grades, and cross-section,
and shall have a uniform surface, free from compaction planes.
104.3 FOLLOWING FINAL COMPACITON AND SHAPING. the roadway will be closed
to all heavy traffic and allowed to cure for 5 days. At the conclusion
of the curing period, the base material will be laid in the normal manner.
104.9 THE PFEPARATION OF THE SUBGRADE, including lime application, will
be a pay item. This will include all necessary items needed to complete
the job, except ti.e lime which will be a separate pay item. The limits
of the prepared subgrade shall be the entire width of the driveway
extending six (6") inches back of the curb on both sides.
104.1
SECTION 105 - CONCRETE
105.1 GENERAL: Class "A" concrete shall be composed of Portland
Cement, fine aggregate, coarse aggregate and water, properly
propartioned and mixed as hereinafter specified. Unless otherwise
specified or indicated on the plans, concrete shall have a 28 day
compressive strength of 3,000 pound] per square inch.
105.2 MATERIALS:
A. Portland Cement: Portland Cement shall conform to the
specifications and tests for Type I Portland Cement of Auerican
Society for Testing Materials (Serial. Designation: C150-52). Cement
shall have been shipped from the mill not more than three months
previo,Ls to receipt on the work.
B. Fine Aggregate: Fine Aggregate shall comply with the
ASTM specifications for Concrete Aggregate Designation C33-52T.
The grading requirements in accordance with these ASTM specifications
are as follows:
Sieve Size Percent Passing
3/8" 100
No. 4 95 to 100
No. 8 80 to 100
No. 16 50 to 85
Nb. 30 25 to 60
No. 50 10 to 30
No. 100 2 to 10
For complete grading requirements refer to the ASTM Specifications.
C. Coarse Aggregate: Coarse aggregate shall consist of washed
gravel or crushed stone, and shall comply in every respect with the
ASTM specifications for concrete aggregates designation C33-52T. The
grading requirements as covered by the ASTM specifications are lisred
in part as follows:
Sieve Size Percent Passing
200 100
111 95 to 100
3/4" 35 to 70
3/8" 10 to 30
No. 4 0 to 5
D. Water: Water for concrete shall be clean and free from oil,
acid, alkali, organic matter and other harmful impurities.
105.1
w
Water which is suitable for drinking or for ordinary household
use will be acceptable for concrete.
105.3 CONCRETE PROPORTIONS AND CONSISTENCY: Concreto shall be propor-
tioned to give the necessary workability and strength and shall conform
to the following governing requirements:
Min. 28 Day Min, Cement Max. Size Max. Water Slump
Compressive Bags Per of Coarse Gals. Per Inches
Strength Cu. Yd. Aggregate Bag
Type A 3,000 5.5 1V 6.0 1-2
Type B 29500 5.0 1YI 6.0 3-4
Type C 1,500 4.0 A'' 7.5 3-4
The above strengths are the minimum that will be permitted. The
average strength of the cylinder tests are expected to be 500 lbs.
per square inch in excess of the minimum.
The proportion of fine and coarse aggregates shall be such that
the requirements of the following table are compiled with:
Maximum Size of Ratio of Coarse Aggregate to Fine
Coarse Aggregate Aggegate on Basis of Dry and Rodded
_ Volumes
Minimum Maximum
3/4" 0.6 1.5
1'' and over 1.0 ?.41,
In no case shall the amount of coarse material be such as to produce
harshness in placing or honeycombing in the structure when forms are
removed.
After materials are received at the project site, the Contractor shall
determine by trial mixes, the proper mix and proportion to be used.
Trial mixes shall be run at least 10 days prior to the pouring of any
concrete of the first major structure and not less than 6 cylinders
shall be made from each trial batch.
In determination of the amount'of water required for the mix, consideration
shall be given to the moisture content of the aggregate. The net amount
of water in the mix will be of the amount added at the mixer, plus the
free water'in'the aggregate, and minus the absorption period.' No water
allowance will be made for evaporation after hatching.
The methods of measure of materials shall be such that the proportions
of watei'to cement can be closely contrblYed during the progress of the
105.2
r, i , i I I • d. ,..I I i. . 1... I Ii J. 111.x,. II ~ I I .
r.. .4 {
i
work and easily checked at any time by the Engineer or his representatives.
To avoid unnecessary to haphazard changes in consistency, the aggregates
shall be obtained from a source which will insure uniform quality and
grading during any single day's operation, and they shell be delivered
to the work and handled in such manner that the variation in moisture
content will not interfere with the steady production of concrete of
reasonable degree of uniformity. All sources of supply shall be
approved by the Engineer.
The proportions of the mix shall be such as to produce concrete that can
be paddled readily into the corners and angles of the forms and around
the reinforcing without excessive spading, and without segregation or
undue accumulation of water on the surface.
105.4 TESTS OF CONCRETE: Frequent tests will be required by the
Engineer throughout the work to determine the quality of concrete.
These tests shall be made by an independent testing laboratory to
be selected and paid by the owner. Tests will in general be made on
6" by 12" concrete cylinders, loaded in compression at 7 and 28 days,
in accordance with standard method of American Society of Testing
Materials, designation: C39-42. Cylinders tested at 28 days shall not
show strengths of not less than the specified 28 days compressive
strength and cylinders tested at 7 days show strength not less than
two-thirds (2/3) of the specified 28 days compressive strength.
105.5 GENERAL CONSTRUCTION REQUIREMENTS: Before starting work, the
Contractor shall inform the Engineer fully as to the methods of construction
he proposes to follow and as to the amount and character of equipment he
proposes to use, the adequacy of which shall be subject to the approval of
the Engineer.
Before constructing forms, the Contractor shall submit to the Engineer
for his approval detail information, including necesi3ry drawings and
sketches of proposed from works, which shall be' sufficiently complete
to show all essential details.
Currence„on the part of the Engineer in any proposed construction methods,
approval of equipment, or approval of forms shall not be considered as
relieving the Contractor of the'responsibility for the safety or correctness
of his methods'and adequacy of this equipment safety or form carrying out
the work in'full accordance with"contract.
105.6' 'FORMS: Forms "shall be'of wood or steel' construction and shall be
built mortar-tight and of material sufficient in strength to prevent
bulging between supports and shall be set and maintained to the lines
designated until the conc'rete'ib"sufficiently hardened to permit form
removal. During' the elapsed time between' the buildinb of the forms and
the placing bf the"condrete','the forms shall be maintained in a ma::ner to
prevent'warping and shrinking. All details of form construction shall be
;Iir F~. ,•(p r G. '1 ~'i iii it. l n .1 . ri,i f r
subject to the approval of the Engineer, and the permission to place
concrete will not be given until all of such work is complete to his satis-
faction.
Lumber for forms shall be properly seasoned and of good quality. It shall
he free from loose or unsound knots, knot holes, twists, shakes, decay,
and other imperfections which would affect its strength or impair the
finished surface of the concrete. The lumber used for facing or sheating
shall be surfaced on at least one side and two edges and shall be sized
to uniform thickness. Forms shall be suitably anchored and rididly
braced to prevent movement while placing concrete.
Metal form ties of an approved type shall be used to hold forms to
place. Such ties shall be of a type especially designed for use in
connection with concrete work, and they shall have provision to perm t
e-ase of removal of the metal as hereinafter specified. The use of wire
form ties will not be permitted except for minor special form areas when
the use of rigid type metal ties would be impracticable.
The use of metal forms ties of type that are encased in paper or
other materials to allow the removal of the complete tie, leaving a
hold through the concrete structure, will not be permitted.
Metal tt.es shall be held in place by devices attached to walls. Ea--n
device shall be capable of developing the strength of the tie. Pile
spreaders will not be permitted.
All metal appliances used inside of forms to hold them in correct
alignment shall be removed to a depth of at least one-half inch
from the surface of the concrete and shall be so constructed that the
metal may be removed without undue injury to the surface by chipping
or spalling. Such devices when removed, shall leave a smooth opening
in the concrete surface. Burning off of rods, bolts, or ties will not
be permitted. Where wire ties are used, all wires, upon removal of the
forms, shall be cut back .t least one-half inch from the face of the
concrete with a sharp chisel or nippers.
All cavities produced by the removal of metal ties shall be carefully
cleaned and completely filled with re-tembered sand cement mortar mix
in proportion of one to three, and the concrete shall.be left smooth
and even.
At the time of placing concrete, the forms shall be clean, entirely
free from all chips, dirt, sawdust, and other extraneous matter. For
wall and other locations where access to the botton of the forms is not
readily attainable otherwise, adequate clean-out openings shall be
provided.
105.4
105.7 PLACING CONCRETE: The Contractor shall give the Engineer
sufficient advance notice before starting to place concrete in any
unit of the structure to permit the inspection of forms, the. reinforcing
steel placement, and preparation for pouring. Unless authorized by the
Engineer, no concrete shall be placed in any unit prior to the completion
of the form work and the placement of the reinforcement.
Whenever it is necessary to continue the mixing, placing and finishing
of concrete after the daylight hours, the site of the work shall be
brilliantly lighted so that all operations are plainly visible. In
general, however, concrete placing shall be so regulated as to permit
finishing operations to be completed in the daylight hours.
The sequence of placing concrete shall be as provided on the plans or in
the specifications. The operation of depositing and compacting the
concrete shall be conducted so as to form a cowpact, dense, impervious
mass of uniform, texture which shall show smooth faces on all surfaces.
The placing shall be so regulated that the pressures caused by the plastic
concrete shall not exceed the loads used in tha design of form.
The method and manner of placing shall be such as to avcid the possibility
of segregation or separation of the aggregate or the dihplaci:ment of the
reinforcement. Concrete shall not have a free fall of more than four (4)
feet. The spattering of forms or reinforcement bars shall. be prevented
if the concrete so spattered will dry or harden before being incorporated
in the mass.
Each part of the forms shall be filled by depositing concrete directly as
near its final position as possible. The coarse aggregate shall be worked
back from the face and concrete forced under and around the reinforcing
bars and pipe cr other inserts without displacing them. depositing
large quantities at one point in the forms and running or working it along
the forms will not be allowed. Foreign matter of hny kind shall not be
permitted to accumulate inside the forms. The subgrade shall be thoroughly
moistened the day before placing concrete, and shall be sprinkled when
required immediately prior to placing concrete.
All concrete shall be well compacted and the mortar flushed to the surfF.ce
of the forms by continuous working with concrete spading implements and
mechanical vibrators of an approved type. Vibrators of the type which
operate by attachment to forms or reinforcements will not be permitted.
The vibrators shall be applied to the zoncrete immediately after deposit
and shall be moved throughout the mass, thoroughly working the concrete around
the reinforcement, embedded fixtures, and into the corners and angles of
105.5
I
'I
the forms until it has been reduced to a plastic mass. The mechanical
vibrator shall not be operated so that it will penetrate or distur'a layers
placed previously which have become partially set or hardened. The
vibrator shall be of sufficient duration to accomplish through compaction
and complete embedment of reinforcement and fixtures but shall no: be
done to an extent that will cause segregation. Vibration shall be
supplemented by hand spading if necessary to insure the flushing of
mortar to the surface of all forms.
105.8 FREEZING WEATHER: When depositing concrete at or near freezing
temperatures, the concrete shall have a temperature of at least 50 degrees F.,
but not more than 120 degrees F. when aggregates are heated. The concrete
shall he traintained at a temperature of at least 50 degrees F. for not
less than 72 hours after placing, or until the concrete has thoroughly hardened.
When necessary, concrete materials shall be heated before mixing and heating
apparatus such as stoves, salamanders, etc. shall be supplied to maintain
the concrete at the required temperature. Tha Contractor shall be respon-
sible for the protection of concrete placed under any and all weather
conditions.
107.9 CONSTRUCTION JOINTS: The joint formed by placing plastic concrete
in direct contact with concrete that has attained its initial set shall
be deemed a construction joint. Unless otherwise provided, construction
joints shall be square and normal to the forms. Bulkheads shall be
provided in the forms for all joints except horizontal joints.
Contraction joints and expansion joints shall be placed as indicates. on
the drawings and as required by the Engineer. Reinforcing steel sl►all
not be continuous through contraction joints.
105.10 CURING OF CONCRETE: Careful attention shall be given by the
Contractor to the proper curing of all concrete. .All concrete surfaces
shall be thoroughly covered with curing compound for a period of severs
(7) days. In cold weather when curing may be retarded, this period shall
be extended as directed by the Engineer. All uncovered surfaces shall
be protected from deformation or abrasion until thoroughly hardened.
105.11 REMOVAL OF FORMS: Forms for the portion of the structure which
do not require finish, may be removed in not less than the four (4)
days.
Forms for surfaces required to be finished shall be removed when the
concrete has aged not less than one-half day, nor more than two (2)
days.
Test specimens may be made for the determination of time or removal of
forms in cold weather and forms may be removed when test specimens, cured
under like conditions to the curing of the structure, indicate the required
seven (7) day strrngth has been obtained.
105.6
105.12 FINISHING: As soon as forms are removed, all cavities from
tie holes and "honeycomb", shall be pointed up with 1:2 mortar, and
properly cured so that the patches will not shrink or crack loose.
105.13 TRANSIT MIX CONCRETE: Transit mix concrete; will be permitted
in lieu of mixing on the job, provided all of the following conditions
are met:
• A. All requirements otherwise specified for mixing on the
job shall apply.
b. Sufficient transit mix equipment shall be assigned
exclusively to the project as required for continuous pours.
c. Satisfactory evidence shall be furnished that the delivery
of concrete shall be continuous at regular aad uniform intervals,
without stoppages or interruptions.
d. All concrete shall be deposited in the forms within 45
minutes after water has been added to the mix. Concrete
retained in the truck longer than 45 minutes after water has
been added to the mix will be rejected. Re-tempering of
concrete will not be permitted.
105.14 MEASUREMENT AND PAYMENT: The work involding concrete on this
contract will be paid for at the unit prices bid for the various items.
Payment for concrete pavement and concrete valley butters shall be at
the contract unit price bid per square yard. Payment for monolithic
concrete curb shall be per linear foot. The contract unit prices will
be the total compensation for all materials, labor, reinforcing steel,
expansion joint material, and all incidentals necessary for a complete
installation.
105.7
SECTION 106 - HOT MIX ASPHALTIC CONCRETE
106,1 GENERAL: This item covers the construction of a one and one-
half (1VI inch wearing course of hot mix asphaltic concrete and a
four and one-half (41,") inch asphalt base. It is the intent of this
specification to produce a mixture which, when designed and tested in
accordance with the specifications and methods outlined in Texas
Highway Department Bulletin C-14, shall conform to Item 317, "Hot Mix
Asphaltic Concrete Pavement" of the Texas Highway Department. The one
and one-half (1i") inch wearing course shall be type "D" hot mix
asphaltic concrete, with at least 50% of the aggregate having one or
more crushed faces and the four and one-half OY') inch asphalt base
shall be type "A" hot mix. The tack coat shall also conform to
Item 317, Texas Highway Department.
1Q6.2 CONSTRUCTION METHODS: When, in the opinion of the Engineer, the
subgrade is thoroughly dry and is satisfactory to receive the prime
coat, the surface shall be cleaned by sweeping or other approved methods.
The asphaltic material shall then be applied to the cleaned base at an
approximate rate directed by the Engineer between the limits of 0.2 to
0.3 gallon or an average of 0.25 gallon per square yard of surface area.
The application shall be made with an approved type of self-propelled
pressure distributor so constructed and operated as to distribute the
material evenly and smoothly in the quantity specified or directed.
Cut-back asphaltic shall be applied at a temperature between 125 degree3
and 175 degrees F.
106.3 WARNING TO CONTRACTOR: Attention is directed to the fact
that these materials are very inflamable. The utmost care shall be
taken to prevent open flames from coming into contact with the
asphaltic material or the basesof the same. The Contractor shall be
responsible for any fires or accidents which may result from heating
the asphaltic materials.
No traffic, hauling, or placement of any subsequest courses shall be
permitted over the freshly applied prime coat until authorized by
the Engineer.
106.4 MEASUREMENT AND PAYMENT: Measurement for cha item "Hot M3:.
Asphaltic Concrete" shall be measured by the square yard of each type
placed. No additional payment shall be made for prime coat, phich shall
be considered incidental to the placing of the asphaltic concrete.
106-1
SECTION 107 - CONCRETE CURS AND GUTTER
107.1 DESCRIPTION: This item shall consist of Portland Cement Concrete
Curb and Gutter with reinforcing steel. Section of Curb and Gutter and
placement of reinforcing steel shall be shown on City of Denton Standard
Curb and Gutter Section. Curb and Gutter shall be constructed on approved
base material and to line and grade as established by the Engineer and
details shown on plans.
'107.2 MATERIALS: MAterials and proportions for concrete used in construction
under this item shall conform to the requirements of Class A concrete as
defined in Texas Highway Department Standard Specifications, Item 403.
107.3 EXCAVATION: Excavation shall be made to the required depth and of
sufficient width to construct the work to grade, form, and dimensions.
All soft and yielding or other unsuitable and unstable materials shall be
removed and replaced with acceptable material; the subgrade then shall
be compacted to the satisfaction of the Engineer. 'here subgrade is
under cut, suitable material shall be used to fill, and it shall be
compacted to the satisfaction of the Engineer.
107.4 FORMS: The forms shall be of wood or metal, straight and free
from warp, and of sufficient strength 6o resist springing during the
process of depositing and compacting the concrete. Straight forms of
wood shall be two (2) inch nominal thickness surfaced plank, or of
metal of an approved section with a flat surface on top and bottom.
Forms for use on radii shall be of flexible wood or metal. The forms
shall be of a depth equal to the depth of the concrete section in which
they are in contact, and eo designed as to permit securely fastening
together in correct position. Forms shall be securely staked, braced,
and firmly held to the required line and grade, using approved
spreaders and clamps, and shall be sufficiently tight to prevent
the leakage of mortar. All forms shall be cleaned thoroughly and wettad
before the concrete is placed against them.
107.5 PLACING OF CONCRETE: No concrete shall be placed unless the sub-
grade, forms and reinforcement, if required, have been checked and
approved by the Engineer. Concrete shall be deposited on at least two
inches of gravel base material, thoroughly moistened before concrete is
placed. During placing, the concrete shall be carefully tamped, using
an approved tamper, in uniform layers not exceeding six (b") inches
in depth, until a uniformly dense concrete is obtained. As soon as
the concrete has set sufficiently to retain its shape without support
of the forms, the clamps and spreaders may '!e removed.
107.6 CURING OF CONCRETE: :he concrete shall be sprayed with a curing
compound suitable for the formation of an impermiable firm which shall
adhere integrally to thq concrete. Tne curing'compound used shall
contain a quick fading dye of suitable color to assure visibility during
application and shall be of such ingredients as will not permanently alter
the natural color of the concrete. Other means of curing may be used if
permission is given by the Engineer.
107.1
107.7 BACKFILLING: The curb and gutter shall he backfilled within
seventy-two (72) hours of pouring. The backfill shall be of suitable
material and compacted in a manner accepta'.le to the City Engineer.
107.8 JOINTS: Dummy joints shall be placed every ten (10') feet, and
• expansion joints containing three-fourths (3/4) inch premolded expansion
joint material shall be placed every fifty (50') feet, at the ends of
returns and driveway approaches, and as required by the Engineer.
107.9 MEASUREMENT AND PAYMENT: Measurement of concrete curb and gutter
shall be by the linear foot, and payment shall be made at the contract
unit price bid, which price shall include all material, labor, and
equipment required for a complete installation, including excavation, base
material, expansion joint material, and backfill.
107.2
SECTION 108 - SIDEWALKS
I
108.1 DESCRIPTION: Concrete sidewalks shall be constructed at
locations as shown on plans. They shall be four (41) feet wide
and four (4") inches in thickness with a two (2") inch sand cushion
placed underneath the concrete. Sand shall be pit run sand and
gravel with maximum rock diameter of not more than one (10) inch,
of a PI of not more than two (2). Reinforcing shall be 43 bars at
eighteen (18") inches on centers.
108.2 CONCRETE: Concrete shall be 2,500 p.s.1. with a minimum of
five (5) sacks per cubic yard. Suitable forms shall be used and
set to grade as set by the Engineer.
108.3 FINISHING AND JOINTS: All concrete sidewalks shall be
constructed as described in Section 109, "Concrete Curb and Gutter."
The finished surface of the sidewalk shall be lightly broomed.
108.4 CURING: Curing shall be same as described in Section 107.6.
108.5 MEASUREMENT: All sidewalks shall be measured by the square
foot in place, complete.
108.6 ;AYMENT: The work performed, materials, including concrete,
form, excavation, sand cushion, and all incidentals necessary for
completion of the work will be paid for at the contract unit price
bid per square foot, which rtiill be, full compensation for walks
complete in place. Sidewalks shafi nave dummy joints, at four foot
Intervals, expansion joints, and premolded expansion joint material
as required for curb and gutter.
Y
108.1
I
The above plans, specifications, bid, bid proposal, and/or drawings
are hereby approved by the contracting parties, and are incorporated
into and made a part of the general contract agreement by and between
Contractor and the City of Denton, called Owner.
Dated and a doroad this day of
A.D., 19.
DJ n-ZeL a z -d57~
Con ractor
i
8y
CITY OF DENTON, TEXAS, OWVER
By : A V(
Robert L. Pearce
Director of Community Development
V
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