HomeMy WebLinkAbout1967
CITY OF
DENTON, TEXAS
SANITARY SEWER LINE PROJEL:T
SPECIFICATIONS AND CONTRACT DOCUMENTS
FOR THE CONSTRUCTION OF
r
t
' n
INTERSTATE HIGHWAY 35E
SANITARY SEWER RELOCATION
1967
~S
PREPARED BY
Department of Cocmunity Dewlogment
CI'T'Y uil
h DENTOS) 'iE;xAs
5.
STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE' 5160
OF THE REVISED CIVIL STATUTES OF TEXAS AS
AMENDED BY ACTS OF THE 56TH LEGISLATURE, 1959
(McGregor Act-Public Works)
(Penalty of this bond must be 100'6 of Contract amount)
KNOW ALI, MEN BY THESE PRESENTS:
That . SHE U"BERGER INC.
(hereinafter cal!ed the Principa"J, as Principal, and TRANSAMERICA INSURANCE COMPANY, a corporation
organized and existing under the laws of the State of California, with its principal office in the City of Los
Angeles, California (hereinafter called the Surely), as Surety, are held and firmly bound unto_...__.........
CITY OF DENTON, TEXAS
(hereinafter called the Obligee) In the amount of.. --four ..tl'1.o1> sand..aeven...h111 dred...tbirty
seven a¢d - -
Dollars ('X_ for the payment whereof, the said Principal and Surety bin l tl,vmselves, and
their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these
presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the
...............llth....day of....... .October................ , 19, 67., to...,,construction..of,.Ssnitary..Se!~r
Line Project - I H 35E for the City of Denton, Texaso
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copieu
at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, teat if the said Prin-
cipal shall faithfully perform the work in accordance with the plans, specifications and contract documents,
then this obligation shall be void; otherwise to remain in full force and ef, ect.
PR 1VIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 6160
of the r evised Civil Statutes of Texas as amended by Acts of the 66th Legislature, 1959, and all liabilities
on this bond shall be determined in accordance with the provisions of said Article to the same extent as if
it were copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instniment this
October 67
.........llth........_de.y of....._.. 19.........
M1 . .
Witness: LP
CAI)
itness.
i
BY~.
(Seal)
(If Individual or Firm)
Attest:
.......(Seal)
.
gyn.......
(seal)
(If Corporation) Princt7
EW,S, SMITH & CO. TWANSAMERICA INS NY
20TH FLOOR 10WE4 PEi'R()LEUM BLDG, Sur DALLAS-TEXAS 75201
(Seal)
0 *torney-in-Fa:t
"07 James N. Pores
- ANSAMERICA INSURANCE COMPANY
POWER OF ATTORNEY CERTIFIED COPY
KNOW ALL MEN BY THESE PRESENTS:
That TRANSAYERICA INSURANCE COMPANY, a corporation of the State of California does hereby make,
constitute and appoint
Porter Ellis or Willard Crotty or James N. Povers or 0. E. Easley or
Rudolph Norris of Dallas, Dallas County, Texas
its true and lawful Attorney(s)-in-Fact, with full power and cithority, for and on behalf of the Company as surety,
to executeard deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, reeog-
nixances or other written obligations In the nature thereof, as follows: Any and all bonds and under-
takings, unlimited in amount, for or on behalf of this Company, in its business
and in accordance with its charter,-
and to bind TRANSAMERICA INSURANCE COMPANY thereby, and all of the acts of said Attorney(s)-in-Fact,
pursuant to theme presents, are hereby ratified .rnd confirmed.
This appointment is made under and by authority of the following by-laws of the Company which by-laws are now
in full force ud effect:
ARTICLE V11
SECTION 30. All policies, bonds, sudertakings, certificates of insurance, cover notes, recoguittances, contracts of in-
demnity, endorseiaests, stipulations, waivrrs, consents of sureties, re-iasareace acceptances or agreements, surety and
co-surety obligations andrgreemeats, underwriting undertakings, and all other instruments pertsiafn6 to the insurance business
of the Corporation, shall be validly executed whet signed on behalf of the Corporatiot by the President, any Vice President
or by sty other officer, employee, agent of tttarney-in-Fact authorized to so slat by (1) the Board of Directors, (if) the presi-
dent, (Iii) any Vice President, or (iv) any other person empowered by the Board of PtrectOra, the President or any Vice
President to give such authorieatlot; provided that all policies of insurance shell also beer the signature of a Secretary,
which may be a facsimile, and unless massaily signed by the President or a Vice Preodrnt, a facsimile signature of the
President. A faemmile signature of a former officer shall be of the same validity as that of an existing officer.
The ■ff xfog of the corporate seat shall not be necessary to the valid execution of any Instrument, but any person author-
Ited to execute or attest such instrument may affix the Corporation's seal thereto.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution
adopted by the Board of Directors of the Co r.oany at a meeting duly called and held on the 17th day of October 1963.
"Resolved, That the signature of any officer authorized by the By-laws and the Company seal may be affixed br lecsimi-
ls to guy power of attorney or special power of attorney or certification of either given for the execatioo o[ say bond
undertaking, recognisance or other written obligation to the mature thereof; such signature and seal, when so used bales
hereby adopted by the Company as the originst signature of rach officer and the original sral of the Company, to Be valid
■nd binding upon the Company with the same force and effect as though manually affixed".
IN WITNESS WHEREOF, TRANSAMERICA INSURANCE COMPANY has caused these presents to be signed
by its proper officer and its corporate seal to he hereunto affixed this 18th day of November 1963
TR*fRllCA NCE COMPANY
'r B
s, Pre
Stat e of California
County of Los Angeles ) ss
f rf On thii 18th day of ~vember , 1963 , before the *sonally came T. M. Gregory to me known,
who, b;alf ~ by mss duly sworn, depots and soy: Ot he'resldes to the City of Posadsao, State of Cdllforeyd
that Its is a Vito-President of Transamerica Insurance Company, the C006rdtloa de9ft1 ed in acid which •t+:
cute& the above lnsb"en!, that he knows the seal of said Corporation; that the seal affixed to the said isstrunttiot
Is such corporate real, that it weir sb affixed pursuant td authority glvee by the Board of Directors of sold corp.
oration and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and
deed of said uorroratlon.
Notary Public 10 - My Commission Expin s Sep'•nnber 15, 1567.
;•uv r
axe (Over)
Is F. W. Drrinel Assist=t Secretary of Tronsomerica Insurance C,3mpm. do hereby certify that the Power
of Attorney herein before set forth is still in force, and fprtber c►7tily that s.•ctfon 30 of Article VII of the By-
Laws of the Company and the Resolution of the Board of DireC.ots, 4et forth ie said Power of Attorney are still
In force. In testimony whereof I have hereunto subscribed my noan4 and affixed tr.e Beal of the said Company this
11th day of October ig 67
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F. W. PEWVS, Assistant Secretary
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TABLE OF CONTENTS
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CONTRACT AGREEMENT
INVITATION FOR BIDS
MINIMUM WASE SCALE
PROPOSAL
GENERAL CONDITIONS OF AGREEMENT 1-20
DETAIL SPECIFICATIONS
SECTION I Excavation and Backfill
SECTION II Sewer Pipes
SECTION III Manholes
SECTION IV Measurement and Payment
SECTION V Project Maintenance, Cleanup and Guarantee
PLANS AND SPECIFICATIONS ENDORSEMENT
STATE OF TEXAS ~
.COUNTY OF DENTON j
THIS AGREM-iENT, made and entered into this day of
OG d PSEQ , A. D. 19t 1 --1
, by and between
Shellenberger, Inc.
of the County of Grayson 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,
WITNESSETH:
That for and in consideration of the payments and agree-
ments 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 corn-
mence and complete the construction of certain improvements
described as follows:
. Sanitary sewer improvements in and near Interstate Highway 35 East
and all extra work in connection therewith, under the terms as
stated in the Invitation for Bids, Proposal, and Information
and Special Instruments to Bidders, and General Conditions of
Agreement attached hereto and hereby made a part of this con-
tract by referenco the same as if set forth at length herein;
and at Contractor's own proper cost and oxpensc to
materials, supplies, machinery, equipment, tools, suj.~rvisio:~,
labor, insurance. and, other accessories and services nt.•ccszz;ry
to complete the said construction in accordance with the con-
ditions and prices stated in the proposal attached hereto, and
in accordance with the conditions and prices states] in the pro-
posal, 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
commence, and to substantially complete said work within ¢Q•_
working days after the date extablished 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 prov•Aded in the General Conditions of Agreement,
and to make payments on account thereof as provided thereip.
t ,
IN WITNESS WHEREOF, the parities have oxecut(..d t is r regi-
ment in duplicate in the year and on $the date first above
written.
Contractor Shellenberger, Inc.
ATTEST:
4
by:
Roge . Palmer
Vice President
j CITY OF DENTON, TEXAS, OWNER
1+
by3tZ ,
e M artin, Mayor
y of Denton, , Texas
ATTEST:
f
~ L7' G
{ Bv) o lt, City Secretary
k City of Denton, Texas
i
APPROVED AS TO LEGAL FORM:
E
Ii
it
Ja 0. Barton, City Attorney
C y of Denton, Texas
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INVITATION FOR BITS
Scaled proposals addressed to John Mal--Lall, Purchasing Agent,
Denton, Texas, will be received at the office: of thL- Purchasing Agent
in the Municipal Building until 10:30 A.M. September 14, 1967, for
the construction and completion of.the following ite;u:
Inteistate Highway 35E Sanitary Sewer Relocation
At this time and place the proposals will be publicly opened
and read aloud. Any bid received after closing tire will be returned
unopened.
Copies of Plans, Specifications, and Ccntra:t Documents are on
file and may be examined without charge in the office of the City
Engineer. Additional copies of the Plans and Specifications may be
obtained by placing a deposit of $10.00 with the City of Denton.
The deposit shall be refunded upon returning the Plans and Specification
.within 10 days of the bid date.
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
(5%) 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
on the forms provided in the Contract Documents.
Attention is called to the fact that not less than the prevailing
wage rates as established by the City of Denton, ex,-s, and as herein-
after set forth in the Contract Documents hereinbefcre described and
which are made a part hereof, must be paid on this project.
A performance bond and a payment bond, each in amount of not
less than one hunderd (100%.) per cent of the contract price, conditioned
upon the Faithful performance of the contract and upon payment of all
persons supplying labor or furnishing materical, 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 construction thereof, or to rejei:t any or all bids, and
waive formalities. No bid may be withdrawn sithin thirty (30) days
after date on which bids are opened. J
CITY OF DENTON
ohn Marshall
Purchasing Agent
SA.: T^.RY SL":-'R 3ELuC .YIv:
1. Tao- second sentc^.ce of t'ae last 3.1. . -C L -10-'
1ianholes, is a::,::enCIed to rL Gad: : ric.. vi t".
slush joists of rDrtland c;:.;ent rortar of o::e (1) and two (2) parts clean nortar sand."
2. T.:e Coatracror's attCntiorl is call,-Id to Sect:;.: o,
of the General Conc,_Cions u_
applies only to t;lat portion of the con:'truct or, in tae s~'~iL..,
parking lot, and will be strictly enforced.
tifIJIXU:~: JAGE SCALE
The rates below have been determined by tr.e City of
Texas, in accordance with the statutory requirements and n-evailing
local wages.
Overtime shall be paid for at the rate of one and one-half
(l g) times the regular rates for every hour worked in excess of
forty (40) hours per week,
CLASSIFICATION RATE PER HR, CLASSIFICATION 1:T E P
Air Compressor Op. 1.50 Laborer (Common) 1.25
Air Tool Operator 1.35 Maintainer Oper. 2.00
Batterboard Setter 1.50 Mason Tender 1.2;
Blade Grader Oper. 2.00 Mechanic 2.30
(Self Propelled Mechanic's Helper 1.50
Blaster (Powderman 2.25 Mixer Ox,er. (16 C.F. & Over) 1.75
Bricklayer 2,00 Mortar .'-fixer 1.25
Bullclam Operator 2.15 Mixer Oper. 1.50
Bulldozer Operator 1.75 (Less than 16 C. F.)
Carpenter 2.25 Oiler 1.25
Clamshell Operator 1190 Painter, Brush 1.75
Concrete-Finisher 2.00 Painter, Stage Spray 2.03
Crane Operator 1190 Pipe Layer 1.25
Derrick Operator 1.90 Power Equip. Op. Heavy 2.00
Dragline Operator 1190 Power Equip. Op. Light 1.?5
Elevating Grader Op. 1.75 Pump Operator, over 2" 1,50
(Towed) Pump Operat r, 2" & Under 1.25
rireman 1.40 Roller Operator 1.~
Form Builder 2.00 Scraper Opr. (Over 7 C.Y.) 1.75
Greaser 1.50 Scraper Opr. (7 C.Y. & Uader)1.?5
Hoist Oper. (One Drum) 1.50 Shovel Operator 2.C0
Hoist Oper. 1.75 Trenching Machine Oper. 2.0)
(Two Drum & Over Truck Driver (1 T or less) 1.25
Iron Worker SRodman~ 1.50 Truck Driver (1t T or Over) 1.50
Iron Worker %Struo, Steel)2.00 Welder 2.00
Joint Worker 1.50
Kettlemen 1.25
'.one Contractor shall comply with all State and 1ederai haws
applicable to such work.
.ne above are minimum rates. Bidders shall base t:.eir bids on
rates they expect to pay, if in excess of those listed. re Ow::er
will not consider claims for extra payment to CONTRACTOR on account
of payment of wages higher than those speoified.
I
PROPOSAL
DENTnN, TEXAS
September 14 1967
• PROPOSAL of -_Shellenberxer. Inc. ,
a corporation organized under the laws of the State of Texas
a partnership consisting of
,
an individual trading as ,
{ 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 construction of the Sanitary Sewer System Improvements in strict
accordance with the attached specifications and accompanying plans, for
the following prices, to-wit:
ITEM ESTIMATED DESCRIPTION UNIT PRICE TOTAL BID
N0. QUANTITY (Prices to be Written in Words) Figures) (Figures)
1. 278 LP Furnish and install 6" Vitrified
Clay Pipe, 0-6' Deep, complete
in place, the sum of
two dollars and fifty
cents per Linear
Foot. S 2.50 $ 645.00
2. 140 LF Furnish and install 6" Vitrified
Clay Pipe, 6'-8' Deep, complete
in place, the sum of
wn dollars and mighty
cents per Linear Foot. S 2.80 $ 392.00
t0. Q`ANil'1V L1' ceS CP 'J Ali- .~ti~1 1~._~~_
.
3 60 LF Fur.:ish .:nd ±:.scall b" Vitr_`;.c
Clay
in place, tile sun of
four dollars and no
• cents per Linear i'ouC. w 4.00 240.00
4 160 LF Furnish and install u" Vitrified
Clay Pipe, 10'-12' Deep, coni2 late
in place, the sum of
four dollars and seventy
cents per Linear Foot. $ 4.70 S 752.00
S 181 LF Furnish and install 10" Vitrified
Clay Pipe, 6'-8' Deep, complete
in place, the sum of
three dollars and twenty-
five cents per Linear Foot. $ 3.25 $ 588.25
6 200 LF Furnish and install 10" Vitrified
Clay Pipe, 8'-10' Deep, complete
in place, the sum of _
four dollars and twenty-
five cents per Linear Foot. $ 4.25 $ 850.00
7 60 L? Furnish and install 6" Cast Iron
Pipe, Class 150, complete in place,
• the sum of five
dollars and. no cents
per Linear Foot. $ 5.00 $ 300.00
8 2 EA Install 4' Diameter Standard Brick
Manhole, complete in place, the surm
of one hundred sixty dollars
and no cents
3
each. 60.00 $'0.00
ITEM ESTIMATED DESCRIPTION UNLT PRICE TOTAL BID
NO. QUANTITY (Prices to be Written in fords ~;i;ures) (Figures)
9 1 EA Install 4' Diameter-Drop Manhole,
complete, the sura of two hundred
twenty-five dollars and no
cents each. $ 225.00 $ 225.00
10 1 EA Rebuild Manhole with Drop Connec-
tion, complete, the sum of
two hundred dollars
and no cents each. S200.00 $200.00
11 2 LF Extra Depth on Manholes Over b'
Deep, the sum of twenty-
five dollars and no
cents per Linear
Foot. 25.00 _ $50.00
12 S cu. yd. Concrete for Plugs and Encasement,
complete in place, the sum of
rw____ p _fiyp dollart.
and no --.cents per
cubic yd. S 25.00 $ 125.00
TOTAL AMOUNT OF BID $ 41737.25
LABOR $ 2,842.35
MATERIALS S 1,894.90
P..
a.. undersigned bidder agrccs to commence . a:h with&L ca..
(10) days :after the dace of written notice to cozzoons va:.. Ln.
to substantially complete the work ca which he ha. -Liu tir:..._..
workin; says as defined in General Con6iLnns cf
the noYCe~T~Cnt.
::nClosa~ with this :)rJpOSa1 is CaStli::r'S GY
CAsc! foBid Bond in the amount of fiv.pe"gr& Uj)_-Df. gr2at2Sr
)Dollars w'il & U is Q:CLQ !ILL!
be collected and retainei by the Owner, as liquidated LouwjoL 0.
the event this Proposal is Lcce^.ted by the Owner withia thirty (3l)
days after the date advertised for the reception of :;ids and the
undersigned fails to execute a contract and the required ionic with
the Owner, under the conditions h,reof, :rithin ter. (10) days after
the date said Proposal is accepted. Otherwise, said check or
bond shall be returned to the undersigned upon demand.
Respectfully submitted.
Shcllenberger, Itic.
Post Office Box 880
Sherman, Texas
Address
G✓
By Title R 20r W. Palmer
Vice President
(Seal if Bidder is a corporation)
S
ALI;
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 shall consist of the
Notice to Contractors (Advertisement) Special Conditions (Instructions
to Bidders), Proposal, signed Agreement, Performance and Payment Bonds
(when required), Special Bonds (whC,n 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 furnishep material worked to a special design
according to the plans or specifications of this work, but does not
include one who merely furnisher material rot 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 business
address known to him who gives the notice.
1.05 WORK: Unless otherwise stipulated, the Contractor shall provide
and pay for all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance, and all water, light, power, fuel,
transportat:.on, 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. Vie 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
`y
alteration or addition to the work shown upon the plans, or
reasonably implied by the specifications, and not covered by the
Contractor's Proposal, except as provided under "Changes and
Alterations", herein.
1.07 WORKING DAY: A "Working Day" is defined as any day not including
Saturdays, Sundays or any legal holidays, in which weather or other
conditions, not under the control of the Contractor, will permit
construction of the principal units of the work for continuous period
of not less than .even (7) hours between 7:00 a.m. and 6:00 p.m.
• 1.08 CALENDAR DAY: A "Calendar Day" is any day of the week or
month, no days being excepted.
1.09 SUBSTANTMLY COMPLETED: 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 specified, 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 Engineer 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 ,roper execution of the contract. In order to
prevent de!.ays 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
ail cases decide every question which may 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
Z
this contract; provided, however, that should the Engineer render atty
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 renaered shall be
promptly carried out, and any claim arising therefrom shall be thereafter
adjusted by arbitration as hereinafter provided.
The Engineer shall, within a reasonable time, render and deliver to both
the Owner and the Contractor a written decision on all claims of the
parties hereto and on all questions which may arise relative to the
execution of the work or the interpretation of the contract, specifications
and plans. Should the Engineer fail to make such decision within a reason-
able time, an appeal to arbitration may be taken as if his decision has
been rendered against the party appealing.
Whenever the words "directed", "required", "permitted", "designated",
"considered necessary", "prescribed", or words of like import are
used, it shall be understood that the direction, requirement, 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 ir7nect 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 anu 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 CONTRACTOR'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 shall be as binding as if given
to the Contractor. Important directions shall be confirmed in writing
co the Contractor. Other directions shall be so confirmed on written
request in each case.
2.05 CONTRACTOR'S UNDERSTANDING: It is understood and agreed that the
Contractor has, by careful examination, satisfied himself as to the nature
and location of the work, the conformation of the ground, the character,
quality 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 eny 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 BUILDING: 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 about such structures shall at all times be maintained
in a manner satisfactory to the Engineer.
2.08 SANITATION: Necessary sanitary conveniences for the use of laborers
on the work, properly secluded from public observation, shall be constructed
and maintained by the Contractor in such manner and at such points as shall
be approved by the Engineer, and their use shall be strictly enforced.
2.09 SHOP DRAWIMGS: 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
4
and/or setting drawings and schedules required for the work of the various
trades, and the Engineer shall pass upon them with reasonable promptness,
making desired corrections. The Contractor shall make any correction required
by the Engineer, file with him two corrected copies and furnish such other
copies as may be needed. The Engineer's approval of such drawings or schedules
shall not relieve the Contractor from responsibility for deviations from
drawings or specifications, unless he has in writing called the Engineer's
attention to such deviations at the time of submission, nor shall it relieve
him from responsibility for deviations for errors of any sort in shop
drawings or schedules.
2.10 PRELIMINARY APPROVAL: The Engineer shall not have the power to waive
the obligations of this contract for the furnishing by the Contractor of
good material, and of his performing good work as herein described, all
in full accordance with the plfns and specifications. No failure or omission
of the Engineer to condemn any defective work or material shall release
the Contractor from the obligations to at once tear out, remove and properly
replace the same at any time prior to final acceptancf upon the discovery
of said defective work or material; provided, however, that the Engineer
shall, upon request of the Contractor, inspect and accept or reject any
material furnished, and in event the material has been once accepted by the
Engineer, such acceptance shall be binding on the Owner, unless it can be
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
Owner; provided that, where inspection or approval is specifically required
by the specifications prior to performance of certain work, should the
Contractor proceed with such work requiring prior inspection or approval,
he shall bear all expense of taking 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 mete '_c~. brought on the site of the work for
use in the work or selected for the same, shall be deemed by the Engineer
as unsuitable or not in conformity with the specifications, the Contractor
shall, after receipt of written notice thereof from the Engineer, forthwith
remove such material and rebuild or otherwise remedy such work so that it
shall be in full accordance with this contract.
J
2.12 CHANCES 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 matettals for the work
herein contemplated, or any part thereof, either befcre or after the
beginning of the construction, without affecting the validity 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 nay be dispensed with, except as
provided for unit price items under Section 5 "Measurement and Payment".
If the amount of work is increased, and the work can fairly be classified
under the specifications, such increase shall be paid for accord'.ng to
the quantity actually done and at the unit price, if any, establis;zed for
such work under this contract, except as provided for unit price items
under Section 5 "Measurement and Payment"; otherwise, such additional
work shall be paid for as provided under Extra Work. In case the Owner
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 EQUIPMENT: If at any
time the methods or equipment used by the Contractor are found to be
inadequate to secure the quality of work or the rate of progress
required under this contract, the Engineer may order the Contractor
in writing to increase their safety or improve their character and
efficiency, and tae 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 with an adequate and reasonable number of
copies of all plans and specifications without expense to him, and the
Contractor shall keep one copy of the same constantly 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 exception of the signed contract sets, are to be returned to
him on request, at the completion of the work. All models are the
property of the Owner.
6
3.03 ADEQUACY OF DESIGN: It is understood that the Owner believes he has
employed competent engineers and designers. It is, therefore, agreed that
the Owner shall be responsible for the adequacy of the design, Pufficiency
of the Contract Documents, the safety of the structure and the practicability
of the operations of the completed project; provided, the Contractor has
complied with the requirements of the said Contract Documents, all approved
in writing by the Owner. The burden of proof of such compliance shall be
upon the Contractor to show that he has complied with the said requirements
of the Contract Documents, approved modifications thereof and all approved
additions and alterations thereto.
3.04 RIGHT OF ENTRY: The Owner reserves the right to enter the property
or location on which the works herein contracted for are to be constructed
or installed, by such agent or agents as he may elect, for the purpose of
supervising and inapt-cting the work, or for the purpose of constructing
or installing such collateral work as said Owner may desire.
3.05 COLLATERAL CONTRACTS: The Owner agrees to provide by separate contract
or otherwise, all labor and material essential to the completion of the work
specifically excluded from this contract, in such manner as not to delay
the progress on the work, or damage said Contractor, except where such
delays are specifically mentioned elsewhere in the Contract Documents.
3.06 DISCREPANCIES AND OMISSIONS: It is further agreed that it is the intent
of this contract that all work must be done and all material most be furnished
in accordance with the generally accepted practice, and in the event of any
discrepancies between the separate contract documents, specifications of
drawings, the Engineer shall define which is intended to apply to the work.
3.07 EQUIPMENT. W-TERIALS 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 responsib'e for the care, preservation, conservation,
protection of all tools, apparatus, accessoriet, 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 .he entire work
is completed and accepted.
3.08 DAMAGES: 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
Wner upon the work, thereby causing loss to the Contractor, the Owner agrees
that he will reimburse the Contractor for such loss. In the event, the Owner
is damaged in the course of the work by the act, negligence, omission,
mistake, or default of the Contractor, or should the Contractor unreasonably
delay the progress of the work being done by others on the job so as to cause
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 r.ny 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 azt 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 Owner growing out of such
injury or damage.
3.10 PERFORMANCE AND PAYMENT BONDS: Unless otherwise specified, it is
further agreed by the parties to this Contract that the Contractor will
execute separate performance and payment bonds, each in the sum of one
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
Treasurer of the United States.
8
r
u.
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 lora
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 encountered, which might be injured or seriously affected by any
process of construction to be undertaken under this agreement, from any
damage or injury b reason of said process of construction; aid 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 P_ROrECTION AGAINST CLAIMS OF SUB-CONTRACTORS. LABORERS. MATERIALMEN
AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES: The Contractor agrees
that he will indemnify and save the Owner harmless from all claims growing
out of the lawful demands of sub-contractors, laborers, workmen, mechanics,
materialmen, and furnishers of machinery and parts thereof, equipment,
power tools, and all supplies, including commissary, incurred in the further-
ance of the performance of this contract. When to 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.
I~
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 or 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 manufactuv--rs 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 or the work, and shall indemnify
and save harmless the Owner against any claim arising from the violation
of any such laws, ordinances, and regulation, whether by the Contractor
or his employees except where such violations are called 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 contract for changes in the work. If the
Contractor performs any work knowing it to be contrary to such laws,
ordinances, rules and regulations, and without such notice to the Engineer,
he shall bear all costs arising therefrom. In case the Owner is a body
politic and corporate, the law from which it derives its powers, insofar
as the same regulates the objects for which, or the manner in which 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 his full obligations to the Owner, as provided by
this Agreement.
10
x
3.17 CONTRACTOR'S AND SUB-CONTRACTOR'S INSURANCE: The Contractor shall
not commence wo%k 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 subject to the same limit for each person, in an amount not less than
$100,000 on account of one accident, and Contractor's Property Damage
Insurance in an amount of not less than $25,000 on account of one accident
and $50,000 aggregate.
3.173 ADDITIONAL LIABILITY: The Contractor shall furnish insurance as
separate policies or by additional endorsement to one of the above
mentioned policies, and in the amount as set forth for public liability
and property damage, the following insurance:
a. Contingent Liability
b. Blasting, prior to any blasting being done
e c. Collapse of buildings or structures adjacent to excavation (if
excavations are to be performed adjacent to same)
d. Damage to underground utilities
e. Builders risk (where above-ground structures are involved)
it
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 idjuries,
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 proprrty 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 damage claims which may arise
from operations under this contract, whether such operations by the induced
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 f+irnish 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 tbst the work shall be substantially completed as
a whole and in part, in accordance with this contract, the plans and
specifications, and within the time of completion designated in the Proposal;
provided, also that when the Owner is having other work done, either by contract
or by his own force, the Engineer may direct the time and manner of constructing
the work done under this contract, so that conflict will be avoided and the
construction of the various works being done for the owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be
requested by the Engineer, schedules winich shall show the order in which the
Contractor proposes to carry on the work with dates in which the Contractor
r 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 tire 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 actual 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 t:.e probable cost of the work and for comparing
the proposals offered for the work. If is ocnderstood 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 u:iit price method, payment shall
be for the actual amount of such work done and the material furnished.
13
Where payment is based on the unit price method, the Contractor
agrees that he will make no claim for damages, anticipated profits
or otherwise on account of any differences which may be found
between the quantities of work actually done, the material actually
furnished under this contract and the estimated quantities contem-
plated and contained in the proposal; provided, however, that in
case the actual quantity of any item should become as much as 25%
more than, or 25% less than the estimated or contemplated quantity
for such items, then either party to this Agreement, upon deman~.,
shall be entitled to a revised consideration upon the portion of
the work above or below 25% of the estimated quantity.
Any revised consideration is to be determined by agreement between
the parties, otherwise by the terms of this Agreement, as provided
under "Extra Work".
5.03 PRICE OF WORK: In consideration of the furnishing of all the
necessary labor, equipment and material, the completion of all
work by the Contractor, and on the completion of all work and of
the delivery of all material embraced in this contract in full
conformity with the specifications and stipulations herein con-
tained, the Owner agrees to pay the Contractor the prices set
forth 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
for the aforesaid work, also for all expense incurred by him, and
for well and truly performing the same and the whole thereof in
the manner and according to this Agreement, the attached specifi-
cations, and requirements of the Engineer.
5.04 PARTIAL FAYKENTS: 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 sou.d materials delivered
on the site of the work that are to be fabric-.ted into the work.
The 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 neClect on the
part of the Contractor, the owner may, upon written recommendation
of the Engineer, pay a reasonable and equitable portion
1
of the retained percentage to the Contractor; or the Contractor, at the
Owner's option, may be relieved of the obligation to fully complete the
work and, thereupon, the Contractor shall receive payment of the balance
due him under the contract subject only to the 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
on such portions may not have expired, but such taking possession and
rise shall not be deemed an acceptance of any work not completed in
accordance with the Contract Documents. If such prior use increases
the cost of or delays the work, the Contractor shall be entitled
to such extra compensation, or extension of time, or both, as the
Engineer may determine.
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 Amer 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 Amer,
who shall pay to the Contractor on or after the 30th day, and before the
35th day, after the •-'ate 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 o°: nullify the whole or part of any
certificate to such extent as riy be necessary to protect himself
from loss on account of:
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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 make payment to the
Contractor of the sum named in any partial or final statement, when
payment is due, or should the Engineer fail to issue any statement
on or before the date above provided, then the Owner shall pay to the
Contractor, in addition to the sum shown as due by such statement,
interest thereon at the rate of six (6) per cent per annum, unless
otherwise specified, from date due as 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 Amer
and recover compensation, as provided under "Abandonment of contract",
unless such payments are withheld in accordance with the provisions
of "Payments Withheld".
6. EXTRA WORK AND CLAIMS
6.01 EXTRA WORK: It :s 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.
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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 necessarily 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,
Old Age Benefits and other payroll taxes, and a rateable proportion
of premiums on Performance and Payment Bonds, and Maintenance Bonds,
and on Public Liability and Property Damage, and Workmen's Compen-
sation, and all other insurance as may be required by any law or
ordinance, or directly by the Engineer it Owner, or by them agreed
to. The Engineer may direct the form i_i which accounts of the
"actual field cost" shall be kept and the records of these accounts
shall be made available to the Engineer. The Engineer may also
specify in writing before the work commences the method of doing
the work and the type and kind of machinery and equipment to be used;
otherwise these matters shall be determined by the Contractor. Unless
otherwise agreed upon, the 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
addpted by the Associated General Contractors of America. Where
practicable the terms and prices for the use of machinery and
equipment shall be incorporated in the Written Extra Work Order. The
fifteen (15) per cent of the "actual field cost" to be paid the
Contractor shall cover and compensate him for his profit, overhead,
general superintendance, and field office expense, and all other elements
of cost and expense not embraced within the "actual field cost" as
hereindefined, save that where the Contractor's Camp or Field Office
must be maintained primarily on account of such Extra Work; then the
cost to maintain and operate the same shall be includes; in the
"actual field cost."
No claim for Extra Work of any kind will be allowed unless ordered in
writing by the Engineer. In case any orders or instructions, either
oral or written, appear to the Contractor to involve Extra Work for
which he should 'receive compensation or an adjustment in the construction
' time, he shall make written request to the Engineer for written order
authorizing such Extra Work. Should a difference of opinion arise as
to what does or does not constitute Extra Work, or as to the payment
therefor, and the Engineer insists upon its performance, the Contractor
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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 the
Owner in writing within ten (10) days after the date of delivery
to Contractor of the Engineer's final decision. It is further
agreed that final acceptance of the work by the Owner as+d the
acceptance by the Contractor of the final payment shall he 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, one 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 to 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 ect 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 ti 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
award the party whose contention is sustained, such sums as they
deem proper for the time, expense and trouble incident to the
appeal, and if the appeal was taken without reasonable cause, they
may award damages for delay occasioned thereby. The arbitere
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shall fix their own compensation, unless otherwise provided by
agreement, and shall assess the coat 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 of the Engineer
when such orders are consistent with the Contract Documents, then,
."id 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 job, but the same, together with any
materials and equipment under contract for the work, may be held
for use on the work by the Owner or the surety on the performance
and payment bonds, or another 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
f 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 ttie. 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.
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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 bide, 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 coat to the Owner under the new contract as compared
to what would have been the cost under this contract, ouch 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
cost to complete under this contract, the Contractor and/or his
Surety shall be credited with the difference.
When the work shall have been substantially .completed, the Contractor
and his Surety shall be so notified and Certificates of Completion
and Acceptance, as provided 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 Owner, 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 coat 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,
a that actual written notice given in any manner will satisfy this
condition. After mailing, or other giving of such notice, such
property shall be held at the risk of the Contractor and his Surety
subject only to the duty of the Owner to exercise ordinary care to
protect such property. After fifteen (15) days from the date of
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said notice the Owner may sell such machinery, equipment, tools,
materials, or supplies and apply the net sum der.'.ved from such
sale co the credit of the Contractor and his Surety. S%sch sale
may be made at either public or private sales, with o. without
notice, as the Owner may elect. The Owner shall relear.e any
machinery, equipment, tools, materials, or supplies, Vilch 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.
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7.02 ABANDONMENT BY OWNER: In case the Owner shall fail to comply
with the terms of this Contract, and should fail or refuse .o comply
with said terms within ten (10) days after written not•'.ric_tion by
the Contractor, then the Contractor may suspend or wholly atandon
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 ~,-rought
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 cost of any provisions made by
the Contractor to carry the whole work to completion and which
can be utilized. The Engineer shall then mane 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 wars
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 Contractor under the terms of this
Agreement.
8. TIME LIMITATION
8.01 The proposed 6 inch sanitary sewer service relocation crossing the
parking lot at the North Texas State University Stadium va IH 35E shall
j be installed between October 14, 1W, and November 11, 1967, with no
part of the parking area being cut before October 14, 1967, and with
the entire excavated surface of the parking area replaced and repaired
before November 11, 1967.
Should the Contractor be unable to guarantee this completion time,
or should it appear unlikely to the City that the work can be completed
between these dates, then no part of the parking area shall be excavated
until after January 1, 1968.
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DETAIL SPECIFICATIONS
SECTION I
EXCAVATION AND BACKFILL
1.1 TRENCH WIDTH: The maximum allowable trench width in the pipe zone shall
be O.D. of the pipe plus 2 feet, and the minimum allowable trench width in
the pipe zone shall be O.D. of the pipe plus 1 foot. The trench walls shall
be substantially vertical. The pipe zone shall be considered as the vertical
t distance from the bottom of the trench to an elevation one foot above the top
of pipe when the pipe is at the specified grade.
1.2 DEPTH AND ALIGNMENT CONTROL: Grade hubs will be set by the Engineer
at intervals of 50 feet, and the Contractor will be furnished with a "cut
sheet" showing the difference in elevation between the hub and the flow line
of the pipe. The grade hub will be offset from centerline a convenient
distance, which distance is mutually agreeable to the Contractor and the
Engineer. The Contractor shall conduct his operations in such a canner as
not to destroy the stakes until the pipe has been laid and checked for
alignment and grade. In the event the Contractor destroys or damages such
stakes before the pipe has been laid and checked, then in such event the
Contractor shall furnish the Engineer with adequate help to replace such
stakes.
The Contractor shall furnish personnel who are skilled in setting
batterboards, and checking grade on both trench excavation and pipe laying.
Substantial batter boards shall be set at intervals close enough so that
when a grade string is pulled across the top the sag will not be more then
1/16"0 Batter boards shall be straight. A minimum of 3 batter boards shall
be in place at all times.
1.3 SHEETING AND BRACING: This Contractor shall furnish and install such
sheeting, bracing, and or trench jacks as may be necessary to insure safe
working conditions for personnel required to work in the bottom of the
trench. It is not the desire of the Owner or the Engineer to assume the
responsibility of deciding what conditions are safe and what conditions are
unsafe. The Contractor is expected to exercise good judgement and due
caution in regard to safety of his personnel. The Engineer reserves the
right, however, to require the Contrector to install trench bracing or
resort to other safety measures in cases where, in the Engineer's opinion,
a dangerous situation exists.
1.4 DEWATERING: This Contractor shall be responsible for the proper
handling of water from any source which may find its way into the trench or
excavations. Any water is the trench where pipe is being laid must be
disposed of in a satisfactory manner so that pipe laying may be done in
the dry.
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1.5 EXCAVATION FOR STRUCTURES: Care shall be exercised in excavating for the
footings of manholes. It will be required that these concrete footings be
poured on undisturbed earth. In the event that the Contractor should over-
excavate below the planned footing or floor elevation, then such over-excavation
shall be filled in with concrete at the Contractor's expense. Compacted backfill
for filling over-excavated areas will not be acceptable.
1.6 BACKFILL: Trenches shall be backfilled with material selected from the
sewer trench excavation, or obtained from other sources, which is free from
stones of such size as to interfere with compaction and is free from large lumps
which will not break down readily under compaction. The Engineer shall have the
right to reject any material containing wore than 20 percent by weight of material
retained on a 3-inch sieve, or material excavated in such a manner as to produce
large lumps not easily broken down or which cannot be spread in loose layers.
In general, material excavated by means of a trenching machine will meet the
requirements above provided large stones are not present.
After the bedding has been prepared and the pipes installed as required
by the pertinent specifications, selected materials from excavation or borrow
shall be placed along both sides of the pipe equally, in uniform layers not
exceeding 6 inches in depth (loose measurement), wetted if required, and
thoroughly compacted so that on-.each side of the pipe there shall be a berm c.f
thoroughly compacted material at least as wide as the external diameter of the
pipe, except insofar as undisturbed material obtrudes into this area.
Filling and/or backfilling shall be continued in this manner to the
elevation of the top of the pipe. Special care shall be taken to secure thorough
compaction of the materials placed under the haunches of the pipe. All fill
or backfill below the top of pipe shall be compacted mechanically in the manner
prescribed above, regardless of whether or not such material is placed within the
limits of the embankment or roadbed.
In the case of pipe placed in trenches, that portion of the backfill above
the top of the pipe which supports the embankment or roadbed shall receive
mechanical compaction and shall be placed in 6 inch layers in depth (loose
measurement). The portion which will not support any part of the embankment or
roadbed shall be placed in layers not more than 10 inches in depth (loose me-_sure-
' meet) and shall be compacted by whatever means the Contractor chooses to a
density comparable with the adjacent undisturbed material.
Hand operated mechanical tampers may be abed with approval of the
Engineer for compacting backfill.
1.? EMBEDMENT: All pipe, unless otherwise indicated on the Plans or authorized
by the Engineer, shall be laid with an embedment of granular material. The trench
shall be excavated to a depth four (41 inches below the grade of the outside of
the pipe and filled with granular material for pipe embedment. Granular embedment
material shall be crushed stone or gravel with a maximum size of 3/4".
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Where shown on the plans or as directed by the Engineer, the pipe shall
be laid with a concrete embedment or encasement of 1,500 paund concrete.
The concrete embedment or encasement shall be made monolithic by laying the pipe
to line and grade on a four (4") inch embedment of concrete and before the embed-
ment has taken a set, the remainder of the concrete shall be poured around the
pipe and worked into the concrete embedment to secure a monolithic joint, taking
care not to disturb the alignment or grade of the pipe.
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SECTION II
SEWER PIPE
2.1 General: Sewer pipe as furnished for this project shall conform to the
strength classification as shown on the plans, and shall comply in all
respects with these specifications.
t 2.2 MATERIALS: All vitrified clay sewer pipe and fittings shall be number
one quality, true to lines and circles within tolerances as outlined in
% these specifications. Pipe and fittings shall comply in all respects with
r the Specifications of the American Society of Testing Materials latest
designation for Standard Strength Clay pipe, C-13 or C-261, or Extra Strength
Clay Sewer Pipe, C-200 or C-278, except as modified hereinbelow. These
specifications are intended to be so written that either glazed or unglazed
clay sewer pipe will be acceptable. Pipe shall have,pre-formed compression type
joints.
All pi?e and specials shall be of the bell and spigot pattern. Pipe
shall be sound and thoroughly burned throughout, smooth on the inside and
free from blisters, lumps or flakes which are greater than one-sixth (1/6)
of the thickness of the pipe or one-eighth (1/8) inch, whichever is the
least. The pipe shall be free from fire cracks of any kind extending
through the shell, and shall be well formed and straight. Tolerances as
given in the ASTM specifications will form the basis of acceptance. in regard
to variations in dimensions with the further stipulation that pipe having
dimensions which vary to the extent of causing difficulty in joint making
will be rejected. It is further the intent of these specifications that the
spigot can be inserted into the bell without having to turn the pipe in an
effort to match oversized dimensions in the bell with oversized dimensions
on the spigot.
It is intended that these specifications describe a minimum quality
which will be acceptable and the supplier will be expected to exceed these
requirements. The Owner's representative reserves the right to mark all
rejected pipe in a manner so that it can be easily identified, and this
Contractor shall immediately remove any rejected pipe from the project site.
2.3 LAYING CLAY SEWER PIPE: Upon the required embedment, the pipe shall
be laid to the line and grade shown on the plans. The Engineer will provide
offset stakes at 50 foot intervals, and will provide the Contractor with a
cut sheet showing cut from top of hub stake to flow line of pipe. Contractor
shall set batter boards at intervals not to exceed 50 feet, and shall care-
fully check subgrade of trench, and flow!.line of pipe for proper grade and
alignment. The pipe shall not vary more than 1/10 foot from true line
and not more than 2/100 from the theoretical grade.
Prior to laying, the pipe shall be' carefully inspected fr,r compliance
with the specifications and pipe which is cracked or broken or that does
not fully comply with the specifications shall be rejected, and immediately
removed from the site of the work by the Contractor.
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2.4 PIPE JOINTS: Clay pipe joints shall be Pre-formed Compression Type joints
conforming to ASTM Specification C425-60T. These joints shall be "DICKEY
FLEXIBLE COMPRESSION COUPLING" as manufactured by W. S. Dickey Clay Mfg. Co.,
DELTA-SEAL" as manufactured by Texas Vitrified Pipe Company, or approved equal.
Joints shall be installed in accordance with the manufacturers recommendation
and the above ASTM Specification.
2.5 INFILTRATION PRECAUTIONS: It is not intended that an infiltration test
be made on the completed pipe line. However, this Contractor will be expected
to make all joints carefully so as to prever• the possibility of any appreciable
amount of water entering the line through 0e joints. During the jetting opera-
tion on the backfill, the line will be observed for possible leaks. In the
event an appreciable amount of water appears to be leaking into the line,
then a test will be required to determine whether corrective repairs should
be made. This test will consist of ponding the backfill over the section of
pipe in question, and measuring the amount of leakage downstream, The ponding
will be to such depth so that the surface of the ponded water will be a
minimum of 4 ft. above the flowline of the pipe, and the backfill saturated.
The maximum allowable infiltration rate under this condition shall be 500
gallons per 24 hours, per mile, per inch of diameter of the pipe.
This test will not be required unless, in the Engineer's opinion, some
faulty jointing or perhaps a broken pipe is clearly indicated.
2.6 END CLOSURE: During such periods of time when laying operations are not
active, the ends of the pipe shall be tightly closed with a plug or bulkhead
so that debris, mud, and small animals will be prevented from entering the
pipe.
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SECTION III
MANHOLES
3.1 MANHOLES: Manholes shall be constructed at locations indicated on the
plans, or as otherwise directed by the Engineer. Development of areas through
which the sewer passes--may dictate changes in location or increase the number
of manholes required.
Manholes shall be constructed to details shown on the plans with invert
section to be of concrete and with upper, variable length section to be built
J of brick.
Excavation for manholes shall be large enough for the outside plastering
of the brick.
Concrete for all manhole construction shall be 3,000 pound concrete.
Brick for manhole construction shall be furnished by the Contractor
and shall be hard burned sewer brick A.S.T.M. C-32, Grado MA. Erick shall
be laid with full slush joints of portland cement mortar of one (1) part
cement and three (3) parts clean motar sand. Bed joints shall be as near
as possible of uniform thickness not exceeding three-eighths (3/8") inch and
shall be substantially level. Brick shall be laid radically with vertical
joints not over one-quarter (1/4") inch wide on the inside. Joints shall be
staggered and shall be completely filled with mortar. The entire outside
surface of the manhole shall be plastered with one-half (11") inch of mortar.
3.2 MANHOLE COVERS AND STEPS: Manhole covers and steps shall be of good grade
cast iron and shall have a tensile strength of not less than 18,000 pounds per
square inch. All casting shall be kept clean and perfect without blow or sand
holes or other defects of any kind. Castings shall be thoroughly cleaneu and
subject to careful hammer tests. Manhole rings and covers shall be machined
sufficiently to prevent rattling under traffic. Manhole ring and cover shall
be Trinity Valley Iron and Steel Co., Pattern No. 672, or an approved equal.
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SECTION IV
MEASUREMENT AND PAYMENT
4.1 GENERAL: The "Bid Price" for each item as set forth in the proposal
shall include the furnis:aing of all labor, tools, materials, machinery,
appliances, plant and equipment necessary for the construction and com-
pletion in a first class workmanlike manner of all work as herein
specified in strict accordance with these specifications and accompanying
plans. The "Bid Price" shall also include any and all kinds, amount or
' class of excavation, backfilling, pumping or drainage, sheeting, shoring
and bracing, disposal of any and all surplus materials, permanent protection
of all overhead, surface or underground conduits, pipe lines, appurtenances
and connections, cleaning up, overhead expense, bond, public liability and
compensation and property damage insurance, patent fees, and royalties,
risk due to the elements, and profits, unless othertirise specified.
The bid price shall also include all other incidentals not specificRlly
mentioned above that may be required to fully construct each item complete
in place in accordance with the true intent and meaning of the specifications
and accompanying plans.
4.2 FURNISHING AND INSTALLING PIPE:' Pipe of each size will be measured
from center of manhole to center of manhole or end of pipe without any
deduction for intermediate manholes. Payment will be made at the price
bid per foot of pipe for the various kinds and sizes, which oid price shall
include hauling and laying of pipe, sheathing, shoring art pumping where
necessary, trench excavation and backfi3ling, protecting or replacing
existing structures or utilities, disposal of surg=uv. material, cleaning
up and maintenance and any incidental work not otherwise provided for in
these specification, all in strict accordance with the specifications,
drawings and/or instructions of the Engineer.
4.3 MANHOLES: Payment for each type of manhole shall be made at the unit
price bid for manholes up to six (b') feet in depth. Depth of manholes
shall be measured from the top of the manhole cover rim to the invert of
the pipe, and payment for extra depth shall be made at the bid price per
linear foot of depth over six feet.
' 4.4 CONCRETE: Concrete for embedment and plugs shall be measured and
i payment made for the amount actually installed.
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SECTION V
PROJECT MAINTENANCE, CLEANUP AND GUARANTEE:
5.1 GENERAL: During the prosecution of the work, the Contractor shall
maintain the project site in orderly and acceptable manner. Upon
completion of any unit of work, it shall be maintained by the Contractor
until accepted by the Owner.
Upon the completion as a whole of any section of work covered by these
• contract documents and before final acceptance and final payment will be
made; the Contractor shall clean and remove from the site of the project
surplus and discarded materials, temporary structures and debris of every
kind; he shall leave the site of all work in a neat and orderly condition
equal to that which originally existed. Surplus and waste materials
removed from the site of the work shall be disposed of at locations
satisfactory to the Engineer.
5.2 GUARANTEE: The Contractor shall guarantee the work for a period of one
(1) year after date of acceptance by the Owner. During this period the
Contractor shall made any repairs and/or replacement of defective materials,
reworking due to poor workmanship, all as may be required for full compliance
with these Specifications. This guarantee shall apply to all matters reported'
by the Owner in writing within one (1) year period and this guarantee shall
be covered by the extension of the Performance Bond.
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NMI, W-
The Lbov, pl ins, spc.cific.at.ions, bid, bid proposal, ant:/cr dr.,
are harcby apptov..d by the ecotracting parties, and .free incorpor tcd
into and made a part of the general contract agreement. by and
b~cw~c,
Contractor and the City of Denton, called Owner.
Dated and e dorsed this day of Oc-10 $ e Q
A.D., 10
1 '
f
Contractor a en erger, nc.-
-RoSV Palmer-
Vice President
CITY OF DEN ON9 TEXAS, OWNER
By: oL Q
Robert L. Pearce
Director of Community Develo?went.
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