HomeMy WebLinkAbout06-1967
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CITY OF DEWON, TEXAS MED
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SEWERAGE SYSTEM IMPROVEMENTS
SPECIFICATIONS AND CONTRACT DOCUMENTS
FOR CONSTRUCTION OF i
TWU RELIEF SERER
CONTRACT NO. 67-39-7 i
JUNE, 1967`
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FRECSE, NICMIOL$ AND ENORCSS
Cmstrlting EnRtrteor
A Y SJ Y r"^n !
Alk
I Lr'Y I ,1 J f e' +C f n
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CITY OF DENTONs TEXAS
SEWERAGE SYSTEM IMPROVEMENTS
SPECIFICATIONS AND CONTRACT DOCUMEKrS
FOR CONSTRUCTION OF
TWU RELIEF SEWER
CONTRACT NO. 67-39-7
JUNES 1967
I
FREESEs NICHOLS AND ENDRESS
Consulting Engineers
TABLE OF CONTENTS
. Page No.
NOTICE TO BIDDERS a
INFORMATION TO BIDDERS b
MINIMUM WAGE SCALE E
PROPOSAL 9
CONTRACT AGREEMENT 1
PERFORMANCE BOND 3
PAYMENT BOND 5
GENERAL CONDITIONS OF THE AGREEMENT 7
DETAIL SPECIFICATIONS
ITEM 1 EXCAVATION AND BACKFILL
ITEM 2 CLAY SEWER PIPE
ITEM 3 EMBEDMENT MATERIAL
ITEM 4 MANHOLES
ITEM 5 CONCRETE AND REINFORCING STEEL
ITEM 6 CONNECTIONS TO EXISTING LINES
ITEM 7 REPLACE BASE AND PAVING
ITEM S RAILROAD CROSSING
ITEM 9 PROJECT MAINTENANCE AND CLEANUP
ITEM 10 BASIS OF PAYMENT
NOTICE TO BIDDERS
• Sealed proposals addressed to Jack Reynolds, City Manager, Denton, Texas will
be received at the office of the City Manager in the Municipal Building until
10:30 A.M.. July 13, 1967 , for the construction of the followin; item.
TWU RELIEF SEWER
CONTRACT NO. 67-39-7
The contract consists of constructing approximately 8,800 L.P. of sewer line
varying in size from 6" through 15".
At this time and place, proposals will be publicly opened and read aloud.
Any bid received after closing time will be returned unopened.
Copies of plans, specifications, and Contract Documents are on file and may be
examined without charge in the office of the Director of Public Wirks. Copies
may be procured from Freese, Nichole and Endress, Consulting Engineers, 508
Throckmorton Street, Fort Korth, Texas, upon a deposit of $10.00 as a guarantee
of the safe return of the Contract Documents. The full amount of this
deposit will be returned to each bidder upon return of the documents in gooJ
condition, providing the documents are returned within ten !10) days after
the opening of bids. No refomd on Contract Documents will be obligatory after
the period of ten (10) days.
. 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 Docu-
ments.
Attention is called to the fact that not less than the prevailing wage rates,
as established by the City of Denton, Texas, and as hereinafter set forth in
the Contract Documents hersinbefore described and which are made a part here-
of, must be paid on this project.
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 reject any or all bids, and waive formalities. No bid may be
withdrawn within thirty (30) days after date on which bids are opened.
CITY OF DENTON, TEXAS
Jack Reynolds, City Manager
a
INFORMATION TO BIDDERS
1. Work ;o be Done: The work to be done comprises the furnishing of all
matertals, labor, tools, equipment and appliances necessary for the con-
structiin and completion of the TWU Relief Sewer and the Prairie Street Sewer
for the City of Denton, Texas. The work consists of furnishing and installing
of pipe, manholes, and appurtenances, all as shown on the Plans and as pro-
vided by these Specifications.
2. Award of Contract: The Owner reserves the right to award the contract
based on its decision as to the beat bid submitted. The Owner also reserves
the right to reject any or all bids. Unreasonable or unbalanced unit prices
will be cause for rejection of any bid.
3. Materials Furnished by Owner: The Owner will furnish no matertals. The
Contractor shall furnish all materials, equipment, etc.
4. Time of Completion: It is imperative that the TWU Relief Sewer be com-
pleted to a point that the trunk line and the branch (Line "B") to Bell Avenue
car. be placed into service by October 1, 1967. . Bidders shall indicate their
time for vompletion of the entire project in the space provided in the Pro-
posal. In the event the Contractor fails to complete the project within the
time set forth in the Proposal, the Owner way withhold permanently from the
payments to the Contractor thr, sum of Fifty (50.00) Dollars per day as liqui-
dated damages, as set forth in Section 4.04, page 17, of the General Conditions
of the Agreement.
These same liquidated damage payments will also be applicable for all days
beyond October It 19679 required to place the 15-inch portion of Line "All and
all of Line "B" into service. Completion of site grading, service connections,
paving repair, etc., by that date will not be considered essential.
5. Bid Form: Bids shall be made on the blank form attached and the complete
documents and plans returned with the bid. Bids not so made will be considered
out of form.
6. Bid Security: Each proposal om st be accompanied by a certified check or
acceptable bid bond in na amount equal to at least five (5%) per cent of the
amount bid as a guarantee that, if awarded a contract, the bidder will execute
such contract within ten (10) days in the form hereto attached and make bonds
of one hundred (1007:) per cent of the contract price.
7. Performance Bond: With the execution and delivery of the contract, the
Contractor shall furnish performance bond for the full amount of the contract.
Bond shall be executed by an approved surety company authorized to do business
in the State of Texas, and acceptable according to the latest list of companies
holding Certificates of Authority from the Secretary of the Treasury of the
United States of America. Performance Bond shall bL arranged to extend for a
period of one (1) year beyond the date of writs en acceptance of the work by
the Owner, to guarantee the repair and/or replacement of defective materials
and/or workmanship, including trench settlement, which may develop during this
period*
b
81 PaXEent Bond: In addition to the performance bond, the Contractor shall
furnish a payment bond for the full amount of the Contract. Payment bond
shall be executed by an approved surety company authorized to do business in
the State of Texas, and acceptable according to the latest list of companies
holding Certificates of Authority from the Secretary of the 'treasury of the
United States of America.
9. Interpretation of Specifications: Any question as to the meaning of any
specifications wilt be answered by Addendum which will be sent to all who
have been furnished with the plans and specifications.
10. Bidder's Knowledge of Conditions: Prior to the submission of the Pro-
posal the Bidder shall have made a thorough examination of the site of the
work and of the plans and specifications, and shall become informed as to
the nature of the proposed construction, the kind of facilities required to
carry out the construction, labor conditions, and all other mattersthat may
affect the cost and time of completion of the work upon which he bids.
11. Right-of-Way: Without cost to the Contractor, the Owner shall provide
all necessary right-of-way or easements required for the project. The bound-
aries for these easements vlI 1 be twenty five (251) feet on each side of the
center line of the sever main, unless otherwise indicated on the plans. The
Contractor will be expected and required to keep all of his activities within
the boundaries of this fifty (501) foot easement.
Unless specifically provided otherwise, the Contractor, as a part of the pro-
ject construction operations, shall clear all rights-of-way of obstruction
which must be removed to make possible proper prosecution of the work. The
Contractor shall replace, repair and restore any improvements on or along the
right-of-way or easements which may have been removed or damaged in or due
to his operation when ordered to do so by the Engineer. All property along
and adjacent to the Contractor's field of operation, especially but not limited
to sod on highway right-of-way, lawns, yards, shrubs, trees and fences shall
be adequately protected and when damaged or removed shall be repaired, replaced,
renewed or otherwise put in a condition equal to or better than existed before
the Contractf-i caused such damages or removal. The Contractor shall burn all
brush, trash, etc., and remove all rock larger than six (69 inches from the
project site.
The Contractor shall observe all regulations of the Texas and Pacific Railway
Company.
12. Change of Location: No change in the alignment is contemplated; however,
should a change be necessary, the Owner reserves the right to make such changes.
AUnless it can be clearly shown that such change works an undue hardship on the
Contractor, no extra compensation will be allowed the Contractor.
13. Property Protection: The Contractor will be expected and required to
protect all property, fences, livestock, etc. All gates shall be left in
the condition t y are found; i.e., locked gates shall be kept locked at all
times except when in actual use, closed gates shall be kept closed, etc.
C
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14. Wage Rates: The Labor Classifications and Minimum Wage Rates set forth
below have been predetermined by the City of Denton, Texas, in accordance with
statutory requirements, as being the prevailing classifications and rates,
and shall govern on all work perrormed by the Contractor or any subcontractor.
15. Payment: Payment will be made in accordance with the provisions of the
Detail Specifications. Partial paymentr will be made in accordance with the
General Conditions of the Agreement.
16. State Sales Tax: The City of Denton, Texas, qualifies as an exempted
agency under the Limited Sales, Excise: and Use Tax Rulet and Regulations of
the State of Texas which set forth regulations on the 2% tax on sales in Texas.
So that the City and the Contractor may be exempted from payment if the 2%
sales tax on materials purchased and installed on this project, the Contractor
will be required to submit to the City prior to the final estimate a statement
or bill setting forth the total cost of the materials purchased for Installa-
tion separated from the total cost of the skill and labor services require.-] for
their installation. Itemised quantities for each type and size of materials are
to be included in the material cost billing. The sum of these two costs shall
equal the total and final cost of the project. Upon receipt of this statement,
the City if Denton will then issue a Certificate of Exemption to the Contractor
that he may pass on to his supplier. In the event that the total material cost
on the project is less than $1,000.00, the above procedure will be optional to
the Contractor.
There shall be shown as a part of the Proposal, in the spaces provided therein,
a segregation of the estimated total cost of materials and the estimated total
cost of services. The Contractor shalt require his sub-contrcctors to sign
written sub-contracts in which prices are segregated for the estimated total
cost of materials and the estimated total cost of services.
17. Extatinit Utilities: It has been attempted in the planning of this project
to show the existing utilities such as water lines, pole lines, gas lines and
other utilities on the plans. Neither the Owner nor the Engineer guarantee,
however, that all utilities are shown, and this Contractor shall be responsible
for damage to any existing utility either shown or not shout on the plans.
In the event an existing utility is discovered which is not shown on the plans,
and where such utility is clearly in conflict with this pipe line, the utility
will either be moved at no expense to this Contractor, or this pipe line align-
ment will be changed as necessary to avoid the conflict. Where an existing
utility is adjacent to the work and this Contractor desires such utility to be
moved for his convenience, then in such case the Contractor shall pay for such
moving.
18. Water for Construction: The C,mer will furnish all water required during
construction for trench jetting purposes at no cost to this Contractor. Water
will be available at fire hydrants on the distribution system. This Contractor
shall furnish and install a valve on the fire hydrant so that it will nit be
necessary to operate the hydrant valve each time water is obtained. All con-
nections and hydrants used shall be subject to the approval of the City Water
Departments
d
19, Guarantee: The Contractor shall guarantee the sewer lines and all other
work covered by this contract against any defects or failure due to defective
materials or workmanship, for a period of one year from the date of written
acceptance by the Owner. Damage due to acts of God or from sabotage and/or
iandalism are specifically excepted from this guarantee. The Contractor shall
errange for his performance bond to be effective for one year after final
acceptance, as a part of this guarantee.
When defective material and workmanship are discovered, required repairs are
to be made under this guarantee and all such repair work shall be done by this
Contractor at his own expense within five days after written notice of any
defects or failure has been given by him by the Owner. Should the Contractor
fall to repair such defects within five days thereafter, the Owner may make
the necessary repairs and charge the Contractor with the actual cost of the
labor and material required.
20. Disposal of Excess Material: This Contractor will be required to dispose
of all excess dirt from trench excavation which may be displaced by the installed
pipe. It is expected that the excess backfill dirt will be held to a minimum,
because the entire backfill will be jetted in accordance with the detail speci-
fications, so that after-settlement of the backfill will be held to a minimum.
i
END OF INFORMATION TO BIDDERS
e
MINIMUM WAGE SCALE
The rates below have been determined by the City of Denton, Texas, in
accordance with the statutory requirements and prevailing local wages.
Overtime shall be paid for at the rate of one and one-half (1 1/2) times
the regular rates for every hour worked In excess of forty (40) hours per week.
CLASSIFICATION RATE PER HR. CLASSIFICATION RATE PER HR.
A:r Compressor Op. $ 1.50 Laborer (Common) $ 1.25
Air Tool Operator 1.35 Maintainer Oper. 2.00
Batterboard Setter 1.50 Mason Tender 1.25
Blade Grader Oper.(Self-Propelled) 2.00 Mechanic 2.00
Blaster (Pwderman) 2.25 Mechanic's Helper 1.50
Bricklayer 2.00 Mixer Oper. (16 C.F. & Over) 1.75
Bullclam Operator 2.15 Mixer Oper. (Less than 16 C.F.)1.50
Bulldozer Operator 1.75 Mortar Mixer 1.25
Carpenter 2.25 Oiler 1.25
Clamshell Operator 1.90 Painter, Brush 1.75
Concrete Finisher 2.00 Painter, Stage Spray 2.00
Crane Operator 1.90 Pipe Layer 1.25
Derrick Operator 1.90 Power Equip. Op. Heavy 2.00
Dragline Operator 1.90 Power (quip. Op. Light 1.75
Elevating Grader Op. (Towed) 1.75 Pump Operator, Over 2" 1.50
Fireman 1.40 Pump Operator, 2" and Under 1.25
Form Builder 2.00 Roller Operator 1.50
Greaser 1.50 Scraper Opr. (Over 7 C.Y.) 1.75
Hoist Oper. (One Drum) 1.50 Scraper Opr. (7 C.Y. & Under) 1.75
Hoist Oper. (Two Drum & Over) 1.75 Shovel Operator 2.00
Iron Worker (Rodman) 1.50 Trenching Machine Oper. 2.00
Iron Worker (Struc. Steel) 2.00 Truck Driver (I 1/2 T or Less) 1.25
Jjint Worker 1.50 Truck Driver (1 1/2 T or Over) 1.50
Vettlemen 1.25 Welder 2.00
The Contractor shall comply sith all State and Federal Laws applicable to
such work.
The above are minimum rates. Bidders shall base their bids on rates they
expect to pay, if in excess of those listed. The Owner will not consider claims
for e,:tra payment to CONTRACTCR on account of payment of wages higher than those
specified.
f
G. U1.
PRCPOSAL 0` 7. fork Constr. Cc., Inc.
a Corporation organized and existing under L.:as of the State o:' T ass
,
a partnership consisting of
an indi--ridual trading as
TO: Mr. Jack Reynolds
City Manager '
Denton, Texas
The undersigned hereby proposes to furnish all labor, toois, (-,quiT,:.ient and
materials and perform all work for the construction of t-he TW'J Relief Sewer
in accordance with the Contracr Documents fcr the fol'.owir,g prices, to-vit:
h'S l IMATED . T
No DESCRIPTION OF ITEM QUANTITY 121IT5 PRICE GU\^
1. Furnish and install 15" V.C.
Sewer in 01-6' Trench 10 L.F. $ 5.19 $ 51.56
2. Furnish and Install 15" V.C.
Sewer in 61-8' Trench 15834 L.F. $ 5.64 5 10,34;.76
3. Furnish and install 15" V.C.
Sewer in 81-10' Trench 2,233 L.F. $ 5.92 $ 13,219.36
4. Furnish and install 15''' V.C.
Sewer in 101-12' Trench 692 L.F. $ 6.91 $ 4,781.72
5. Furnish and install 1'j" V.C.
Sewer in 121-14' Trench 10 L.F. $ 7.90 $ 79.Cb
6. Furnish and install 12" V.C.
Sewer in 01-6' Trench 374 L.F. $ 3.80 s 11421.20
7. Furnish and install 12" V.C.
Sauter in 61-8' Trench 128 L.F. S 5.04 S 145.13
8. Furnish a,-d install 12" C.
Sewer In 31-10' Trench 127 L.F. S 5.34 $ u; 5.13
9. '.urnish ar.d install 12" V.C.
Sewer in 101-12' ircnch 634 T.F. 5.j $ r 6.:~
9
ITEM 51i:;,T J L":IT
No. I FS+ R7?TION Al!Gi::1
10. Furnish and install 12" V.C.
Sower in 121-14' Trcnch 602 L. F. 5.55 3,329. 6
11. r'umish and in-stall 12" V.C.
SCwcr in ;41-16' Trer', 65 L.:. 6.-'2 '.23.c0
i2. Furnish and iIISLall 10" V.C.
Sewer in 01-6' Trcnch 468 i .i'. $ 3.58 S 1,747.04
13. Furnish and install 10" V. C.
Sewer in 61-8' Trench 165 L. $ 5 %'6 653.40
14. Furnish and install 10" V.C.
Scwz;r in 81-10' Trcnch 192 L. F. s 794.8E
J. Furnish and install 10" V.C.
Sewer in 101-12' Trench 150 L.F. $ 4.57 685.50
16. Fu m.ish and install 10" V.C.
Sewer in 121-14' Trcnch 249 L.F. $ 5.06 $ 1,259.94
17. Furnish and install 10" V.C.
Scwar in 141-16' Trench 108 L.7. $ 6.25 el
675.00
18. Furnish and install 8" V.C.
Sewer in 01-6' Trench 537 L.F. S 2.91 $ 1,562.67
19. Furnish and install 8" V.C.
Scwer in 61-8' Trench 167 L.F. $ 3.22 5 537.74
20. Furnish and install 8" V.C.
Sewer in 81-10' Trench 10 L.F. S 3.:14 35.40
21. Furnish and install 6" V.C.
Sewer in 01-6' Trench 145 L.F. $ 2.55 369.115
22. c'u nish and install 6" V.C.
Se~cr in 61-8' Trench 65 L. F. $ 2.7b S :79.40
23. Furnish and install 6" V.C.
Sewer in 81-10' Trcnch 48 L.F. $ :.23 _ y 155.04
24. Furnish and install 4" V.C.
Seger in 01-8' Trench 108 1.F. S 5.26 $ 55S.08
25. Manholes to Depth 23 Eac:, 8 '.,255.00
26. M. H. Depth in excess of 61-0" 73 L.F. $ 40. 0J $ 9--x.00
h
1
i
\0. 1),7 SlrZiP'1'IC PR
27. Drops for tdonholccs s
i
?.S. Cranul::r Embec;a:Cnt ?lateri.:l 5)0 C,'(, S
A
29. Concrete Crac:le & Encase^,_nt I2 C.Y.
I
30. T 5. P Railroad C% ssirg b4 r . $ %.00 2 . 5r,~ .04
31. 2:27 StaLili-zcd Backfill 140 C.Y. 13. G0 ',s.~l.U
;ot Mix Aspha:t Surface 2:0 S.Y. $ (;.C) i,I:C.i;L
3. Service Connections r, 21
1
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SUi-TOT,NL A.XA:".4i AID S b ,22;. 5e
DCducL the LUMp SUM of - $ ~,GG vv
TOTAL .1MOL-~T BID 33,2%o.9u r
I
5iaxxjcxxxxxicxexx~rcxkxltssa~r:rrrxctxc~gasaXx$~rx~Yf~:ic~:~ $
lire uaaers'gned hereby declares that N has visited the sire Of the work aad r.~
carefully examined the Contract Docum,cnt; relating to the work covered by tl-•e eb:.ve
bid,
.'he undersigncd furthtr declares that hc, will provide all necessary trots and
apparatus, do all the work and furnish all of the .;ate.;als cnd 6o everytr.ing re-
quirEd to carry out the abovi i:,:;ntioncd w->rk covered by this Proposal in strict
accordance vith the Contract Documents and she require;-,en~s pertaining :hereto, for
the sums sev forth above.
I
The undersigned agrees to commonce work within ren (I0) &.ys after writtE; notice
to commence work. and to substantial:y complete the work on M ch he has bid in
120 consecutive calendar days.
The undersigned acknowledgea receipt of t:ie Collowi:.g acdenda:
None
Enclosed with this Proposal is a cashier's or c tificd check for
Dollars, or
a proposal bond in the zu.i of 5 % of the co. al e.mou'%
i
i j
It .5 avrccd th"t tho E`I'. 105Cd bid sc.,ur ':y C:.1;. 1:i cG, 1.
the Ga::cr ~,s liquieitud 6.:;nagot3 ir t.; c.:Lnt L';i c+. >c_,L" the
Cn.:.ar within th:SL\ (30) dr:yr, PLC; nom d.,tc aL:r....._.
r:. pt of
blds •snd Lne unc,r!;1 ncd fall= LU ' GU'O LhL Gf L"i ~`d S
With the G:a r, under conditic•;, ha_cof, itiTi:. L::a (1G) d:,ys a%"_cr L'nc
date s,. i i,:opo:,3I is cl'C v7L0LiIvrwiSC Said
UaOn dC'1.•,..j1:J.
Respectfully suhn,ittcc ,
:n r o r C C C
E1 I _
By
300
Ed M. Far.-OW
P. 0. X 21 915
Dailas, s
(Address)
(SEAL) If 'Adder Is a Corporation
NOTE: Do not detach bid form from
,
other papers. Fill in with
ink and submit eon:p16co with
attached papers.
(S'iAmE ~ OF
COi Nly 0" Denton )
made and er.rored into t~t1 day of
A.D.. 19 by and between The City of Denton
of the CoL:nty of Denton and State of Texas, actin; throu7,r1 its
Mayor thereunto duly authorized so to do,
I
Party of the First Part, hereinafter termed the OWKER, and %lm Fork
Constr. Co., Inc.
of the City of Irving County of Dallas
and State of Texas Party of tho Second Part, hereinafter
I
termed COYPRAC`COR.
WITLESS TH: That for and in consideration of t'ru payments and agree-
ments hereinafter mentioned, to be made and performed by the Party of t ~ First
Part (OsriVER), and under the conditions expressed in the bonds bearing eve:. date
herewith, the said Party of the Second Part (CO TIRACTOR) hereby agrees with the
said Party of the First Part (OW R) to conmence and complete the construction
of certain improve:nonts described as follows:
Contract No. 67-39-7 TIN Relief Sewer
and all extra work in connection therewith, under the terms as stated in -,:':e
General Conditions of the Agreement; and at his (or thair) c>x proper cast and
expense to furnish all the materials, supplies, machinery, equipment, t:ols,
superintendence, labor, insurance, and other accessorias and services necessary
to complete tho said construction, in accordance with the conditions an-4 prices
stated in the Proposal attached hereto, and-in accordance with all the General
Ccnditions of the Agreement, the Special Conditions, Notice to Bidders
1
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(Advcrtisonont for instractio- s to 2: odor.:, ar.d „rjc; P,rfor_..nc:
Payment Bonds, all atLacnca hereto, a:i0 in aCGO:' ur. :l: with the ~Jians,
includes all maps, plat:,, blueprint,, and utaor cr written
explanatory matter th,.icof, and the Spec iiicr,tior.', tho:vt'or, a-,, r~refr_.,: bf
bRELSE,,, NICi?OLS ANN ~SS, heroin c;nt,itlo<l thn r!ar. of k::==:. has
q o r.r
been 2dUntlfleb by t(i0 CG~'t:hAC~Ga, and ti'ia all eL WI':1C1: 3r0 ..i~6 d
part hereof and collectivoly evidence and constitLAte the intire. Con. r.ct.
The COINMIAC^.01i h.'reby a~roes to conx.rince work cry or after the date
ostablishod for the start of work as set forth in a wriJAon notice to co:,nonce
work and tc substantially complete all work within. the time stated in t:^.~j
Proposal, subject to such extensions of tine as are providod by the General
and Special Conditions.
The OW,rHA agrees to pay the CO MACTOR in current funds the price
or prices shown in the Proposal, which forms a part of this Contract, such
payments to be subject to the General and Special Conditions of the Contract.
IN WITNESS WiIEREOF, the parties to these presents have executed this
Agreement in the year and day first above written.
ATTEST:
~6 The City_ of Denton, Texas
• Party of the t part, 0`XER-
~g By
T
Martin, , Mayor
K Q. BARTON Title
9ITr,Y Y ATTORNEY
(SEAL)
ATTEST:
Elm Fork Constr. Co., Inc.
Party of tl!V econd rt, CG: .R,".CTM
By-
Title
(SEAL)
2
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STA;E' C TEXAS
COUNTY d; IIa iron
NOW ALL :Z.% BY TESSE. ?.H2'5. :,,TS; That E1n Fork Ccnstr- Co Inc-
, of thD City of Irving,
County of Dallas , and State of Ttv
as PRLNCIPAL, and American Casualty Comp.:ny of i'ennsylvania '
as SURETY,
authorized under the laws of the State of 'texas to act as surety on bonds for
principals, are held and firmly bound unto tae City of Dcnton, Texas
as =N1, in the penal sum of Fifty Eight
Thousand and Two Hundred Twenty Eight and 96/100ollars 58,228.96)
for the payment whereof, the said Principal and Surety bind themselves and
their heirs, administrators, executors, successors and assigns, jointly and
severally, by these presents:
WHEREAS, the Princi as entered to a ce fair, written c ntract
with the 9 NER, dated the me! day of , Ig~, for
the construction of 61
Contract No. 67-39-7 M Relief Sewer
which contract is hereby referred to and rade a part hereof as fully and to
the same extent as if copied at length herein,
:dOW, THEREr ORE, i rit, COirTi ION 0: i ::IS OBLTG:ai'IU:~ IS SUCH,
that if
the said Principal shall faithfully perform said Contract and .wall in all
respECts duly and faithfully observe and perform all and singular the cove-
nants, conditions and agreements in and by said contract agreed and covenanted
by the Principal to be observed anJ performed, and according to the true
intent and meaning of said Contract and the Plan-3 and Specifications 1-le.eto
annexed, then this obligation shall be void; otherwise to renain in full force
and effect;
PROVIDED, WrJEVER, that this bond is executed pursuant to the
3
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provisions of Articlc ~1,160 of the F:avi Civil St:,u.*.: of '.eras ac a*c:.:aed
by acts of t:le 56th Lei YClaturo, F:G„Gla SQ., ior., 1%j%, L1 a1L i1sY l.it iC°
on this oond shall bu deterninod L, ac,:;ordancc w;Lh tr.: 'iP~~J2 Gr: Gf EulG
Article to t1la sago extent as if it warn copied at lon,,tL. horoin.
Fr~GV'~JE~ It'a1';u~t, that if any le-al acticn 'cc filod upon L:.is bond,
venue shays lie in Dent ,n Count;, Stat: of Toia:,.
Surety, for value received, stipulates and adreos that no change,
extension of time, alteration or addition to the tens of thFi contract, or
to t':a work performed thereunder, or the pl---s, specific;.tiens, or drawir:F s
accompanying the same, shall in anywise affect its obligation or this bond,
and it does hereby waive notice of any such chais e, extension of tiro, alteration
or addition to the terms of the contract, or to the work to be performed there-
under.
IN WITNESS WHEREOF, the id Principal nd Surety have signed and
sealed this instrument this day of 191Q
46/ if
Elm Fork Constr. Co.. Inc. American C;.,-;,II ' Car any of R~°-'e{"a9
ncioa. Penns lvania Surety /
By
Title 3eC /J Title -
Address wJk 2'~/ 0 G Address 0
(SEAL) (SEAL)
the name and address of the Resident Agent of Surety Is:
HOUSEMAN & CO.
HvOW19 SAN f-1-11t-Llmr,
DALLAS 1. ' iiAAS
Note: Date of Bond must not be prior to date of Contract.
9-1_66
Pa1;E':., 3U:riJ
STATE OF TEKAS V
COUNTY OF Denton ¢
KNOW ALL ~.r BY THESE P.ESEYTS; T'nst, BIM Fork Con,,tr Co. it c.
C'f the City of ?rv,nr
County of Dallas _ and Sate of Tennis ,
as PRINCIPAL, and American Casralty Company of Reading, Penn~vlvania
, as SURETY, authorized under the laws of the
State of Texas to ant as surety on bonds for principals, are hold and firmly
bound unto the City of Denton, Texas
as OWNER. in the penal sum of Fifty Eight Thousand Two Hundred Twenty :sight and
96/100 Dollars 58,228.96 ) for the paynent w"ereof, the
said Principal and Surety bind thomselvos and their heirs, .dministrators,
executors, successors and assigns, jointly and severally, by these presents.
W'rI;REAS, tha Principal as entered int certain written contract
day of 19--&~, for the
with the Corner, dated the(=426-
construction of Contract No. 67-39-7 nX Relief ewer
.
whigh contract is hereby referred to and made a part hereof as fully and to the
sane extent as if copied at length herein..
NOW, T hME-FORE, THE CONDITION OF THIS 03LIGATION IS SUC:i, th at if the
said Principal shall pay all claimants supplying labor and material to him or
a subcontractor in tha prosecution of the work provided for in said contract,
tien this obligation shall be void; otherwise to renain in full force and effect;
PROVIDED, HNEVER, that this bond is executed pursuant to the pro-
visions of Article 5160 of the Revised Civil Statutes of Texas as amended by
acts of the 56th Legislature, Regular Session, 1959, and all liabilities cn
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.
PROVIDED FU:t2FM, that if any legal action be filed upon this b,.,-,d,
venue shall lie in Denton County, State of Texas.
5
9-1-66
SG y . il' VQ'll1C 1,?: U7.-
te?Y.Sio`1 G: L::'iii,'ai`..uC.'.tiGr. G1' aCloi:ivY. LJ ~..'.i. .i t :G
Work pGt'1'G[7c:d L.1 1'O Ur; IJ.', Or tY J UL 1I 1C i i :yin,
the sxno Jr.all in any-.Jiso 4,ffCCt i;,:: cjbII,;aUicYl un L;(1 it r Y.:•rcby
WaiV.9 no 4e,J if ally such cnanLc, i?;tAfY3iGY2 i,f tlRi:, lOr, or isuto
ti7o torts of Lito contract, cr Lo tno work tc bG
IN WIT,'vESS W7.LL'- s0F, the id Principe u: 'nave eign~: and
saalod this instrument this G~~ dsy of 19~r-
Elm Fork Constr. Co., Inc. Px,ericun Casualty Company of :reading,
P,O* al Pennsylvania S.r`~Ly
Title - 60 Titl~~i5
Address X'c!i il-/ o[c/ 9 ~o Address 0
(SEAL) (SEAL)
The nama and address of the Resident Agent cf Surety is:
j, c ,
IIQU,-,EjA?4 BIWAIJUG-
DALLAS 2, TEXAS
Note: Date of Bond must not be prior to date of Contract.
I
6
9-1-66
a rho-:
GENERAL CONDITIONS OF AGREEMENT
1. DEFINITIONS OF TERMS
1.01 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and the
ENGINEER 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 Bidders Advertisement for Bids), Instructions to Bidders, Special
Provisions or Special Conditions, Proposal, Contract Agreement, Performance
Bond and Payment Bond (when required), Special Bonds (when required), General
Conditions of the Agreement, Technical Specifications, Plans, and all modi-
fication's thereof incorporated in any of the documents before the execution
of the a;'resment.
The Contridt Documents are complementary, and what is called for by''any one
shall be as binding as if balled for by'all. In the event 'of a conflict in
the C~ QntisOt Documentb; the CONTRACTOR shhil call the conflict to the
ENGLIQ V~ attenti6ri in iir` frog and he .-all decide the conflict ifi writing,
and the ENGL'M'S decision shall be binding.
1.0 SUB=CONTRACT , The'term Sub-contractor, as employed herein includes
onl~,thb's h&V 'a direct contract with the CONTRACTOR;
Wtt1fT'1~EN 'NOVICE. Written notide shall be deemed to have been duly served
if deli q in persoh td- the individual or to a' member o the firm oP to an
officer 'it"the'•corp6ration for whom it"is intended, or if delivered at or
sent byeregistered VA to the last business address known to him who gives '
the nbtio s
1*05 WORK. VAless othek ise stipulated, the CONTRACTOR shall provide and
pay- fd~t all aat6tiala, supplies, machinery, equipment, tools, supeiintendsnes,
labor, ins{iine6, and all water, light, politer; fuel; transportation' and
other faeiiities &Mt services necessary for the execution arid cagplstion';af
the work oo~er6d' t* fh6 contract 'do6dm6ntb. Vhless 'othefwiee specified, ill
mater,U14 ihAf l' tj nQx and both: workmanship and eiaterikli, ihall' ~be of a good
quality; 'The CbkkACTOR ih4ll, 'if required, furnish satisfactory evidence
as ,to ,the kind and quality of materials. Materials of work deeer~ibed' in
woi~s', tch 'so applied have 'a well known, technical or trade eoeinii* shall be '
held to'isfer to such'recognited standards.'
1 O6 WORKING D A 'Working Day" is defined as any day not inoluding
Saturdays ' d: 6r'&'' i; legal tiolidq}►s; ini which Meatbir witl''psralt con-
struct oil o! di principal units d the work for a period o! not Ieps than
seven i{7) hours bstwAan` 7i0O'a.m. and•6:06`p.m.
9-1-66
i , 07 CAIENDAR DAY. A "Calendar Day" is arty day of the week or month, no
days being excepted.
1.08 WOAK WEEK. The "Work Week" shall consist of a period of seven (7)
successive calendar days to begin and end as specified by the CONTRACTOR.
J. Ey the term "Substantially Completed" is
,1, 22 &=IALLYCOMM mean, a the structure or facility has been made suitable for use and
all construction completed except for mirror repairs or miscellaneous work.
which while in progress•will not interfere with the OWNER'S use and occu-
pancy of the structure or-facility.
2. CONTROL OF WORK
2101 S A GRADES. Unless otherwise specified, all lines and grades
shat be furnished by the ENGINE M. Whenever necessary, construction work
ahail, be suspended to permit performance of this work, but Stich sucpension
will be as brief.as practicable and the CONTRACTOR shall be allowed no
extra compensation therefor. The CONTRACTOR shall give the OWNER or"the
ENGINEER asiple notice of the time. and place where lines and grades will
be rr~~eded. All stakes, marks, etc., shall be carefully preserved,by the
COIfl'R A,,. and in case of careless destruction or removal by hits or'his
employees, ouch stakes, marks, etc., shall be replaced at the COVVJMORrS
' expense.. •
2 ' The ENGINEER shall have the right
of superv sion of he work, to the limited extent hereinafter mentioned,
for the purpose of seeing that the improvements are constructed in conformity
.frith the contract. It is, understood and agreed, however, that the SiiQIINEER'S
supervision, is for the sole purpose of seeing that the improvements are
constructed 'its accordance with the contract, to the and that the OWNER
upon completion will have improvements cor,f(?ming to the plans, peoifi-,
cations aril other•contract documents. The ENtTOM is the EWj1 of the
OWNER, As aforesaid, and all supervision and other duties of the ENt#DM
under this.oontraot,are for the sole benefit of the OWNER. the parties
jl"
hp reb` expr•essl'y notating .any intent that these provisions shall re to
the be: yielit of,arWoo not a party ,to this agreement. The CONTRA,
is
and,ehll.remain ar}'flr~dep?ndent contractor, solely resporssibls for;he.
mar}nar a<rad method o" xcoomplist ing his work hereurKbr, si4d the #eta y of.
F ,
himseat, his emlployees arad•other persons by reason of his operatiopa hers- '
under', '''tie E1bbdt91$ authority in this regard shall be 11m3tea, to a"rigAt
of ve'ti:i witb res p e ot, to methods which in the ENGINEER'S opinion Quld
• prq~rent'tnf~e' cgmteirov4mgnt,s: conforming tp _.►e contract.' ?'he ,E~l(iIIyEEt~
sha l trove tie au horfty to stop'the work whenoyerrsuch stoppage m0., be
necessary to insure the proper executton~of the contract.
In crdef'r"to reY4nt"del ` s ;
p,~ ~a 'disputes apd,to discourage,litigation;
it tf;:t k6r agreed t the Nr]:NEER shall in 'ill cases detet~s}ine the
amounts and quantities d •the seyeral,kknds of work which ar„ to:be paid
8
9-1-b6
for under this contract. He shall determine all questions in relation to
said work and the construction thereof, and shall in all cases decide every
question which may arise relative to the execution of this contract on
the part of said CONTRACTOR. The ENGINEER'S estimator and findings shall
be the conditions precedent to the right of the parties hereto to arbitra-
tion or to any action on the contract, and to any rights of the CONTRACTOR
to receive any money under this contract; provided, however, that should
the ENGINEER render any decision or give any direction which, in the opinion
of either party hereto, is not in accordance with the moaning and intent
of this contract, either party may file with said ENGINEER within fifteen
(1$) 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 rendorod shall be promptly
carried r-.-t, and any claim arising therefrom shall be thereafter adjusted
by arbitration as hereinafter provided.
The ENGINEER shall, within a reasonable time, render and deliver to both
the OWNER,and the CONTRACTOR a written decision on all claims of the parties
hereto and on all questions which may arise relative to the execution of,
the work or the interpretation of the contract, specifications and plans.
Should the ENGINEER fail to make such decision within a reasonable 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.stmitarly,
the.,words "approval", "acceptable", "satisfactory", or words of like import
shall mean approved by or acceptable or satisfactory to the ENGINEER.
2.0 SUPERINTENDENCE AND INSPECTION. It is agreed by the CONTRACTOR that
the ENG3EER shall be and is hereby authorized to appoint from time to time
such subordinate engineers, supervisors or inspectors as the said ENGINEER
may deem proper to inspect the material furnished and the work done under
this agreement, and to see that the said material is furnished and said work
is done in accordance with the specification therefor. The CONTRACTOR shall
furnish all reasonable aid and assistance required by the subordinate
engineers, supervisors or inspectors for'the proper inspection and examina-
tion of the work. The rulings and decisions of any such subordinate engineers,
supervisors or inspectors so appointed, whon consistent with the obligations
of this agreement and the accompanying plans and specifications, shall have
the same force and effect as rulings and decisions of the ENGINEER hereunder;
provided, however, should the CONTRACTOR object to any.ruling or decision
by such subordinate engineer, supervisor or inspector, the. CONTRACTOR may
within sik (6)'days make written appeal to the EM INFER for his decision.
9
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w CONTRACTOR'S DUTY Alm °1IFf'RII~'i'B'v`yENCE. The CONfAACTCA ;hall give per-
. S
sonal attention to the faithful prosecution and completion of this nontract
-And shall keep on the work, during its progress, a competent superintendent
am Lny neecizzary assistant, all sstirfactorv to the ENGM-;%R. Thf. super-
intendent shall represent the CONTRACTOR in his absence arvi -411 directions
given to him shalt be as binding as if given to the CONTRACTOR. The
CONTRACTOR is and shall at all times remain an independent contractor,
solely responsible for the maruier and method of completing his work under
this contract, so long as such methods do not adversely affect the completed
improvements, and solely responsible for the safety of himself, his em-
ployees and other persons, as well as the safety of the improvements being
erected and the property of himself or arty other person, as a result of
his operations hereunder.
Yne CONTRACTOR is and at all times shall remain an independent contractor,
solely responsible for the manner and method of completing his work under
this contract, with full power and authority to select the means, method
and manner of performing such work, so long as such methods do not adversely
affect the completed improvements, the OWNER and ENGINEER being interested
only in the result obtained and conformity of such completed improvements
to the plans, specifications and contract. Likewise, the CONTRACTOR shall
be solely responsible for the safety of himself, his employees and other
persons, as well as the safety of the improvements being erected and the
rroperty of himself or'any other person, as a result of his operations here.
under. Engineering construction drawings and specifications, as xell As
any additional information concerning the work to be performed passim from
or through the OWNER or ENGINEER, shall not be interpreted as requiring or
allowing CONTRACTOR to,deviate from the plans and specifications, the intent
of'such drawings sp~eifications and any other such instructions being to
defiv,a'with particularity the agreement of the parties is to the work thb
CONTRACTOR is to perform. CONTRACTOR shall be fully and completely liable,
at his own expense, for design, construction, installation and use, or
non-use, of all items and methods incident to performance of the contract,
and for all loss, damage or injury incident thereto, either to person or
property, including, without limitation, the adequacy of ail temporary
supports, shoring, bracing, scaffolding, machinery or equipment, safety
precautions or devices, and similar items or devices used by him during
Construction. Any review of work in process, or any visit or observation
during construction, or any clarification of plans and specifications, by
the OWNER or ENGINEER, or any agent, employee or representative of either
of them, whether through personal observation on the project site or by
means of approval of shop drawings for temporary construction or construction
processes, or by air other means or method, is agreed by the CONTRACTOR to
be for the purpose of observing the extent and nature of work completed or
''being performed, As measured against the drawings and specifications
constituting the contract, or for the purpose of enabling CONTRACTOR to
more fully understand the plans and specifications so that the completed
construction wbrk'will conform thereto, and shall in no way relieve the
CONTRACTOR from full and complete responsibility for the proper performance
of his work on the project, including but without limitation the propriety
10
9-i-66
of means and methods of the CONTRACTOR in performing said contract, and the
adequacy of any designs, plans or other facilities for accomplishing such
performance. Deviation by the CONTRACTOR from plans or specifications that
may have been in evidence during any such visitation or observation by the
OWNER or ENGINEER, or any representative of either of them, whether called
to the CONTRACTOR'S attention or not, shall in no Fay relieve CONTRACTOR
from his responsibility to complete all work in accordance with said plans
and specifications.
2.05 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the
CONTRACTOR has, by careful examination, satisfied himself as to the nature
and location of the work, the conformation, of the ground, the character,
quality and quantity of the materials to be encountered, the character of
equipment and facilities needed prelim`.nary tro and during the prosecution
of the work, the general and local conditions, and all other matters which
can in arty way affect the work under this contract. No verbal agreement
or conversation with any officer, agent or employee of the ENGINEEP. or
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 ENGINEM
shall inform hik in writing that any man or men on the work are, in'his
opinion, incompetent, unfaithful or disorderly, such man or men shall be
discharged from the work and shall not again be employed on the work without
the ENGINEER+S written consent.
2:07 CONTRACTOR'S BUIIDINGS. The building of structures for housing men,
or the erection of tents'or other forms of protection, will be permitted
only at such `places as the ENGINEER may 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 comreniences for the use of laborers
on the work, properly secluded from public observation, shall be constructed
and maintained by the CONTRACTOR in such manner and at such points as Shall
be approved by the ENGINEER, and their use shall be strictly enforced.
2.09 SHOP DRAWINGS. The CONTACTOR 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
acid/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 corrections
required by the ENGINEER, file with him two corrected copies and furnish.
such-other copies as may be needed. The ENGINEER'S appro%ral of such drawings
.Lor schedules shall not relieve'the CONTRACTOR from responsibility for devia-
tions from drawings or specifications, ut►less he has in writing called the
ENGINEER'S attentioh'to such deviations at the time of submission, nor shall
11
9-i_66
it relieve him from responsibility for errors of any sort in chop drawings
or schedules. Such review by the ENGINEER shall be for the sole purpose
of determining the sufficibncy of said drawings or schad ulbs to result in
finished improvements in conformity with the plans and specifications, and
shall not relieve the CONTFkGfOR of his duty as an independent contractor
as previously set forth, it being exprbsaly understood and agreed that
neither the ENGINEER nor the OWNER assumes any duty to pass upon th.) propriety
or adequacy of such drawings or schedules, or any means or methods reflected
thereby, in relation to the safety of either person or property during
CONTRACTORS performance hereunder.
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 lierein described, all
in full accordance with the plans 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 acceptance, upon the discovery
of said defective work or material; provided, however, that the ENGINEER
shall, upon, request of the CONTRACTO't, inspect and accept, qualify, or
reject any,,materiai furnished, and in event the material his 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-examination
and replacement shall be borne by the CONTRACTCR,'otheriiise the e4ense,thus
ircurred,shall be allowed as EXTRA WORK, and shall be paid for; by the, OWNER;
provided,that, where inspection or approval is specifically roquired by the
specifications prior to performance, of certain work, should the CONTRACTOR
proceed with such work without requesting prior inspection or approval, he
shall bear all expense of taking up, :•emoving, and replacing this work if
so directed by the EW INEER,
2.11 DEFECTS AND THEIR,REMEDIES. It is further a,Zreed that if the work or
any part thereof, or any material brought on the sate of the work for use
in the Work or selected for the same, .'call be deemed by the ENGINEER as
unsuitable or not in conformity with th,, specifications, the CONTRACTOR
shall, after receipt of written notice thereof from the ENGINEER, forth-
with remove sucli material and rebuild or otherwise remedy such work so that
it will. be in :'ull accordance with this contract.
2,12 CHANGES AND ALIERpTIONS. The CONTRACTOR further agrees that the;OWNER
may wake cuch.,changos,and alterations as the OWNER may see fit, in the line,
grade, form, dimensions, plans, or materials for the work herein contemplated,
or any, part thereof, either before or after the beginning of the construe-
Lion, without.affecting the Validity of this contract and the accompanying
performance and payment bonds.
12
9-1-66
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
prufits on the work that may be dispensed with, except as provided for unit
price Items under Section 5, "Measurement and Payment", If the amount of
work, is increased, and the work can fairly be classified under the specifi-
cations, such increase shall be paid for according to the quantity actually
done and at the unit price, if any, established for such work under this
contract, except as provided for unit price items under Section 5, "Measure-
ment 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 fur-
nished or used in said work, then the OWNER shall recompense the CONTRACTOR
for any material or labor so used, and for any actual loss occasioned by
such change, due to r,:ual 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 equipment used by the CONTRACTOR are found to be inadequate to
secure the quality of work or the rate of progress required under this con-
tract, or the working force of the CONTRACTOR is inadequate for securing
the progress herein specified,, the ENGINEER may order the CONTRACTOR in
writing to iriorease their safety or improve their character and efficienoy,
or to increase his force or equipment or both. and the CONTRACTOR shall
comply with such order. Such aut:rority of the ENGINEER, however, is for the
sole benefit of the OWNER and the safety of the improveraents,,in order to
secure _their erection in conformity with this'ointraot; it shall reigain tl~e
solo-duty and,responsibility of the CONTRACTOR ,to take adequate precautions
In his operations for the safety of,persons ar;~:l property, :No;fAt1ure of the
ENGINEER to complain of-the methods. end equipment of the, CQ$TRACTQR,shal.l
excuse or .relieve the CONTRACTOR of .liability for damage,to the, property or
imptovements of ,the OWNER by reason of his neglect or omission,
3. GENERAL OBLIGATIONS AND RESPONSIBILTfIFS
3Oi KEEPING OF PLANS AND SPECIFICATIONS ACCESSPLE. The ENGINEER shall
furnish the - CUlTTRAC"OR 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.
3.03 ,ADEQUAGr.OF DESIGN. It is understood that the OW M% believes he has
employed competent engineers and designers. It is, therefore,, agreed that
tbA QI+PN shall be responsible for the adequacy of the design,.sutfioienoy
of the Contract Documents, the safety of the completed structure and the
practicability of the operations of the completed project; provided the
13
9-1-66
CONTRACTOR has complied with the requirements of the said Contract Documents,
all approved modifications thereof, and additions and alterations thereto
approved in writing by the OWNER. The burden of proof of such compliance
shall be upon the CONTRACTOR to show that he has complied with the said re-
quirements 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 proper-cy
or location on which the works herein contracted '.,r are to be constructed
or installed, by such agent or agents as he ma„ elect.
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 progres, of the work, or damage said CONTRACTOR, except where such
delays are specifically mentioned elsewhere in the Contract Documents.
3.o6 DISCREPANCIES AND OMISSIONS. It is further agreed that it is the
intent of his contract that all work must be done and all material must be
furnished in accordance with the generally accepted practice, as determined
by the ENGINEER, and in the event of any discrepancies between the separate
contract documents, specifications or drawings, the ENGINEER shall define
which is intended to apply to the work.
3.07 EQUIJIMEN~T, MATERIALS AND CONSTRUCTION PLANT. The CONTRACTOR shall
provide' all tdolt, equipment, machinery, maiE trials, and construction plant
and facilities necessary in the prosecution and completion of the contract,
e*Cept as otherwise specifically set forth to be provided by the OWNER.
The dd TTRACTOR shall b6'responsible for the care; preservation, conservation,
and ptolteotion of all materials, supplies, machinery, equipment, tools,
apparatus, accessories, facilities, all means of construction, and any and
all parts of the work, whether the CONTRACTOR has been paid, partially paid,
or not paid for such work, until the entire work is completed and accepted.
.08 PROTECrI;ON 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 Workman's Compensation
Law of the State of Texas. The CONTRACTOR shall at all. times exercise reason-
able precautions for the safety of employees and others on or near the work
and shall comply with all applicable provisions of Federal, State and Mini-
cipal'safety.laws, and building and construction codes. A11 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
Minioipal laws or regulations. The CONTRACTOR shall provide such _machinery_
guaVdi, safe walkways, ladders, bridges, gangplanks, and other safety devices
as may be required as requisite to the prevention of accidents,' The CONTRACTOR
14
9-1-66
II
and his Sureties shall indereiify and save harmless the OWNER and all his
officers, agents and employees, and the ENGIhTM, and his agents and employees,
from and against all suits, actions, claims, demands or judgments; of any
character, name and description, brought or asserted against any of them for
or on account of any inj,iries or damages to persons or property, or damages
of any other kind, allegedly received or sustained on account of any negligent
act or fault of CONTRACTOR, his agents, employees or representatives, or sub-
contractors, their agents cr employees, in the execution of said contract or
any operations thereunder, or on account of the failure of any person, firm
or corporation to pro~lide necessary barricades, warning lights or signs, or
to take any other safety precautions. This agreement of indemnity shall ex-
tend to and inrl.dc a* wiit, action or claim, of any character and description,
allegedly arising out of the concurrent negligence of the CONTRACTOR and/or
any sub-contractor, their agents. representatives or employees, and the OWNER,
or its officers, agents and employees, and/or the ENGINEER, his agents and
employees; and the CON7 RAC'IOR and his Sureties will be required to pay any
,judgment, with costs, which may be obtained against arty party hereby in-
demnified, growing out of s:ch alleged injury or damage. The safety pre-
cautions actually taken and their adequacy shall be the sole responsibility
of.the CONTRACIOR, in his sole discretion as an independent contractor; the
inclusion of this paragraph in the agreement, as well as any notice which may
be given by the MER, ENGVEER or their representatives concerning omissions
under this paragraph as the work progresses, are intended only as reminders
to the CONTRACTOP of his daty in said regard, and shall not be construed as
any assuwption of duty to supervise safety precautions by either the OWNED
or, ENGINEER.
3.09 q FORMANCr AND PA" BONDS., It is further agreed by the parties to
this ntrac that. he CONT. CTOR will execute separate performance and payment
bonds. each in the sum of one hundred (100%) percent 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 iirther
guaranteeing payment to all persons supplying labor and materiAls or furnis3.
ing him any equipment in the execution of the Contract, and it is agreed that
this'Contract shall not be In effect until such performanco and payment bonds
are furnished and approved by the OWNER,
Unless otherwise approved in writing by the OWZR, the surety company under-
writing the bonds shall be acceptable according to the latest list of com-
panies holding certificates of authority from the Sacretary of the Treasury
of the United States. As herein provided for GUARANTEE, the performance bond
shall remain in effect for a period of one year after the date of the Certifi-
cate of Acceptanr,e by the OWNEEA. The cost of the premium for the performance
and payment bonds shall be included in the CONTRACTOR'S proposal.
3.10: LOSSES FROM NATURAL CAUSES., All loss 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 unforeseen circumstances in tKe prosecution of the
same, or from jnusLal obstructions or difficulties which may be encountered
in the prosecution of the work, shall be sustained and borne by the CONTRACTOR
at his own cost and expense:
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3.11 PROTECTION OF ADJOINING PROPERTY. Tho 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 by reason of said process of construction; and he shall
be liable for any and all claims for such damage on account of his failure
to fully protect all adjoining property. The CONTRACTOR agrees to indemnify,
save and hold harmless the OWNER and the ENGINEER against arty claim or 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 Bach indemnity
shall not apply to arty claim of any kind arising out of the existence or
character of the work.
3.12 PROTECTION AGAINST CLAIMS OF SUB-CONTRACTORS, LABORERS, MATERIALMEN
AND FURNISBERS 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 furtherance
of the performance of this contract. When so desired by the OWNER, the CON-
TRACTOR shall furnish satisfactory evidence that all obligations of the nature
hereinabove designated have been paid, discharged or waived. If the CON-
TRACTOR fails so to do, then the OWNER may at the option of the CONTRACTOR
either pay directli, any unpaid bills of which the OWNER has written notice,
or withhold from the CONTRACTOR'S unpaid compensation a sun of money deemed
reasonably sufficient to liquidate any and all such lawful claims until
satisfactory evidence is furnished that all liabilities have been fully dis-
charged; whereupon payments to the CONTRACTOR shall be resumed in full, in
accordance with the terms of this contract, but in no event shall the pro-
visions of this sentence be construed to impose any obligation upon the
OWNER by either the CONTRACTOR or his Surety.
3.13 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 copy-
right, by suitable legal agreement with the patentee or OWNER. The CON-
TRACTOR 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 manu-
facturer or manufacturers is specified or required by the OWNER; provided,
however, if choice of alternate design, device, mater.,.al, 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 or required by the OWNER is an infringement, the CONTRACTOR shall
be responsible for such loss unless he promptly gives such information to
the OWNER.
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3.14 LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe and
comply with all Federal, State and local laws, o•dir.sru:os anJ regulations,
which in any mannor affect the contract or the work, and shall indemnify and
save harmless the OWPfER against any claim ar',4ing from the violation of any
such laws, ordinances, and regulations, whethor by the CONTRACTOR or his em-
ployees, except whore such violations are called for by the provisions of
the Contract Documents. If the CONTRACTOR observes that the plans and speci-
fications are at variance therewith, he shall promptly notify the ENGINM
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
Tech 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 sowers, insofar as the sane regulates the objects for which, or the manner
in whir-h, or the conilt,ions under whs_h 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.
3.15 ASSIGNMFNP AIM F-UBI.FTTING, The CONTRACTOR further agrees that he will
retain perFonai control and will give his personal attention to tha fulfill-
ment of this contract and that he will not assign by Power of Attorney, or
otherwise,' or sublet said contract withC,Lt the kxitten con3ent of the OWNER,
and that no part or fe,4ture of the work will be sublet to anyone objection-
able 'to t.he'ENGINEER or the OWNER. The COMRACTOR further agrees that the
subletting of any'portion or feature of the work, or trat9rial4t requited in
Lhe performance of this contract, shall' not'roliove tF,P C014TRACPOR.from~hi's
full obligations'to the OWNER, as provided by this Agree?aent,
3.16 CONTRACTOR'S AND SUB-CONTRACTOR'S INCURANCE. Thh CONT?MTOR r.hall'i6Ot
commence work under this contract until he has obtained all the insurance
required u der the following ezab-paragraphs'and such if,_~irgnca-has been
approire3 *by th'e' OWNER, nor shall the CONTRACTOR allow at y u - unt raster
to 'commenbe kork on a' sub-contract until such sub-c-,ntraiLor' has obta~.ned
corrplete'insurance coverage as required for the CONTRACTOR.
3.161 fOMPENSATTON INSJi0M",'. The CONTRACTOR shall procure and shall main-
tain 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 Fuch work sublet, the CONTRACTOR shall require the sub-
contractor similarly to provide Workmen's Covtet,-:atior insurance for all of
the latter's employees to be engaged in Pu~:h wort, unless a,zch e.nplcyoes
are colocred by the protection afforded by the Contractor's Workmen's Compensa-
tion Insurance. In case any class of employees engaged in hazardous work on
the project under this contract is not protected under the Workmen's Cotfp6npa-
tion Statute, the COMMACTuP. 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.
3.162 CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE. The
CONTRACTOR shall procure and shall maintain during the life of this cortra,t
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Contractor's Comprehensive General Liability Insurance in an amount not less
than $100,000.00 for injuries, including accidental death, to any one per-
son, and subject to the same limit for each person, in an amount not less
than $300,000.00 on account of one accident, and Contractor's Property
Damage Insurance in an amount of not less than $50,000.00 on account of one
accident and $100,000.00 aggregate.
The CONTRACTOR shall also furnish Owner's Protective Liability Insurance,
which by express provision or endorsement shall also inure to the benefit
and protection of the ENGINEER, as separate policies or as a part of one of
the above mentioned policies or by endorsement thereto, in the amount set
forth for public liability and property damage.
3,163 AUTOMOBILE INSURANCF - BODILY INJURY AND PROPERTY DAMAGE. The
CONTRACTOR shall procure and maintain, during the life of the Contract,
Automobile Insurance in an amount not less than $100,000.00 for injuries,
including accidental death, to any one person and subject to the same limit
for each person, an amount not less than $3000,000.00 on account of one
accident, and automobile property damage insurance in an amount not less
than $50.000.00.
3.164 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 dawAge claims which may arise
from operations under this contract, whether.such,operations be by the in.
sursd or by am~yrorw 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 Con-
tract Documents.
For contracts involving work to be performed within the corporate limits of
any municipality and for contracts involving pipe line construction (Water,
sewer, or other), the CONTRACTOR shall furnish insurance as separate policies
or by additional endorsement to one of the above mentioned policies, and
in the amounts as set forth for public liability and property damage, the
following insurance:
(a) -Blasting, prior to any blasting being done.
(b) Collapse of buildings or structures adjacent to excavation
(if excavations are to be performed adjecent to same).
(c) Damage to underground utilities.
3.165 PROOF OF CARRIAGE Of INSURANCE. The CONTRACTOR shall furnish the
OWNER with satisfactory proof of coverage by insurance required in these
Contract Documents in amounts and by carriers satisfactory to the OWNER.,
Proof of carriage of insurance by sub-contractors shall also be furnished.
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3.17 GENERAL INDEMNIFICATIU The CONTRACTOR agrees, without in any way
limiting other provisions r.his contract, to protect, indemnify and hold
the OWNER and ENGINEER free aid harmless from and against any and all claims,
liens, demaW s, liabilities, penalties and causes of action of every kind
and character, including but not limited to, the amounts of judgments,
penalties, interests, court costs, costs of litigation and reasonable lerA l
fees incurred by the OWNER or ENGINEER in defense of same, arising in favor
of governmental agencies or any third parties (including, but not limited
to, CONTRACTOR and Sub-Contractors and employees of CONTRACTOR and Sub-
Contractors) on account of taxes, claims, demands, liens, debts, penalties,
personal injuries, death or damages to property, and without limitation by
enumeration, all other claims, demands or causes of action of every character
occurring or in anywise incident to, in connection with or arising out of
the work performed and to be performed by CONTRACTOR hereunder, including
specifically but without limitation, design and installation of temporary
supports, shoring, bracing, scaffolding and similar items, whether or not
occasioned by the negligence, carelessness or want of skill of CONTRAMOR
or his servants or employees, or that of his Sub-Contractors or their
employees, or in connection with or arising out of any deviation from plans
or specifications even though such deviation occurs with or without the know-
ledge of the OWNER or ENGINEER, and whether or not such deviations have been
called to CONTRACTOR'S attention, oxcept insofar as responsibility, if any,
may be expressly assumed by the OWNER or ENGINEER under the provisions of
this contract.
3.18 GUARANTEE.- The CONTRACTOR shall guarantee the work against failure
or malfunction due to defective materials or workmanship for a period of
one year from the date of the written Certificate of Acceptance of the OWNER.
Where the CONTRACTOR Is required to procure and furnish articles manufactured
by!otheis, ' the standard warranty,' if any, of the smanufacturer. Opregf, shall
be delivered to OWNER by CONTRACTOR in form to inure to OWNER1.5 benefit.
This guatantae'irill not apply to defects of any materials or equipo~cmit fur
nished by the OWNER to the CONTRACTOR for installation; however, the guarantee
will apply to any defects in workmanship in the installation by the CONTRACTOR
of such materials or, eequipment.
_When defective material and workmanship are discovered, all required repairs
shall be.made by the CONTRACTOR at his own expa"e. Such repairs shall be
initiated within five (5) days after written not-as of such defocts has been.
given by the OWNER and the work of the repairs stall proceed with dispatch so
that the repairs will be completed within a reasonable length of time. Should
the CONTRACTOR fail to initiate the repairs within five (5) days after written
notice or should he fail to complete the repairs within,a reasonable tima,
the OWNER may make the necessary repairs and charge the CONTRACTOR with all
costs incurred therefor.
As a pat of this guarantee, the CONTRACTOR'S Performance Bond shall remain
-in e'ffoot -for a period of one year after the date of Written acceptance by
the OWNER.
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).19 WAGE RATES. The OWNER in accordance with statutory requirements has
determined the general prevailing rates of wages as applicable to the project,
and the CONTRACTOR shall pay not less than the rates of wages so determined.
A copy of the schedule of prevailing wage rates as established by the OWNER
is included as a part of these Contract Documents.
4, PROSECUTION AND PROGRESS
4.01' TIME AND OPDER OF COMPLETION. It is the meaning and intent of this
contract, unless otherwise herein speoifically provided, that the CONTRACTOR
shall prosecute his work at such times and seasons, in such order of preced-
ence, and In such manner as shall be most conducive to econorV of construc.
tion; providea; however, that the order and the time of prosecution shall
be such that tho work will be substantially completed as a whole and in part,
in accordance with this contract; the plans and specifi`ations, 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 6ontrkct, so that confliet'will be avoided and the constrsction
of'the various work's being done for the OWNER will be harmonized.
The CONTRACTOR shall'subm2t', at such times as may reasonably, be requested
by the ENGINEER, schedules which shall show the order in which the CONTRACTOR
proposes to carry on the work, with dates at which the CONTRACTOR will start
the several)part`s'of the wort, and estimated dates of oompletion of the
several' parts:+
4ithin''seven• ( ) 'd'a,b after- the and of such calendar month, the CONTMCTOR
sha'il iep'ort''ih' wY~it.ing It* the ENGINEER any day' claimed to be'unsuitable for. ;
working.`. With in sevbn (7) days thereafter, the'ENGINE&R shall agree, or,
disagree in writing as to whether the time claimed as not suitable for
working 'shall be do reoognited and the ENGINEER'S decision shall be final
a binding
4.02 EXTENSION OF TIME. Should the CONTRACTOR be dplayed,in the.completion' ;
of the work by any act or neglect of the OWNER or ENGINEER, or of any em-
pl6y646'of either, 'or by'other contractors employed by the OWNER, or by changes
ordered'in'the work, 6%, •by •strikes, lockouts, fires'. Arid unusual delays by
co~imon'da'rriers;?or'unaioidabls cause' or causes beyond the CONTRACTCRIS..
6'ontrolo or by an.* cause which the ENGINEER may decide justifies the delay,
'then an exte'nsion'of time shall be allowed for completing the work, sufficient
to'cdkpensate fo the delays the amount of the extension to be determined
by the'ENGiNEER; provided,lhowever, that the CONTRACTOR shall give'the
FNGINEER'noticeIin lulling of the cruse of such delay within ten (10) days
from inception of such delay.
4.03 HINDRANCES AND DELAYS. No claims shall be made by the CONTRACTOR for
dambjes" t1eWlt1hg 1fth'IhIthdrances or delays from any cause (except where the
work is stopped by order of the OWNER) during the progress of any portion of
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the work embraced in this contract. In case said work may be stopped by the act
of the OWNER, then such expense as in the ,jv~dgment of the ENGINEER is caused
by such stoppage of said work shall be paid by the OWNER to the CONTRACTOR.
4.04 LIQUIDATED DAMAGF5. The CONTRACTOR agrees that time is of the essence
of this contract, and that for each day of delay beyond the number of days
herein agreed upon for the completion of the work herein specified and contracted
for (after due allowance of such extension of time as is provided for under
Extension of Time hereinabove), the OWNER may withhold permanently fran the
CONTRACTOR'S total compensation, the amount per day given in the following
schedule, not, as a penalty, but as liquidated damages aryl for added expense
for engineering supervision, etc. in connection with the project:
Amount Amount of Liquidated
Of Contract Damages Per Day
$ 100,000 or less $100
100,001 to 500,000 150
5009001 to 1,000,000 200
1,000,001 to 2,0009000 300
Over 200009000 400
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 b3 considered, unless'othervise
specif fealty provided.
.02 ESTIMATED QUANTITIES. This agreement, including the specifications,
plans ind estimate, is intended to show clearly all work td be done and
material to be furnished hereunder. Where the estimated quantities are shown
for the Various classes of work to be done and material to be furnished under
this''contract, they are approximate and are to be used only as a basis for
estimating the probable cost of the work and for comparing the proposals
offered for the work. It is understood and agreed that the actual amount'of
work to be dono and material to be furnished under this contract may differ
somewhat from these estimates, and that where the basis for payment under this
contract is the unit price method, payment shall be for the actual amount of
• such work done and the material furnished.
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
contemplated 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
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to this Agreement, upon demand, shall be entitled to a revised consideration
upon the portion of the work above or below 25% of the estimated quantity.
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, and 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 contained, 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 CON1T'RACTOR hereby agrees to receive such prices in full for furnishing all
material and all labor required for the aforesaid work, also for all expense
incurred by him, and for well and truly performing the same and the whole
thereof in the manner and according to this Agreement, the attached specifi-
cations and requirements of the ENGINEER.
5.04 PARTIAL PAYMENTS. On or before the 10th day of nach month the ENGINEER
shall prepare a statement showing as completely as practicable the total
value of the work done by the CONTRACTOR up to and including the last day
of the preceding month; said statement shall also include the value of all
sound materials delivered on the site of the work that are to be fabricated
into the work.
The OWN R shall then pay the CONTRACTOR on or before the 15th day of the
current month the total amount of the ENGINEER'S statement, less'10.peroent,
of the amount thereof, which 10 percent shall be retained until final payment,
and further less all previous payments and all further sums that may be
retained, by the OWNER under the terms of thit, Agreement, - It I's, understood,
however, that in case the whole work be near to completion and some un-
expected and unusual delay occurs due to no fault or neglect on the part of
the CONTRACTOR, the OWNER may - upon written recommendation of the ENGINEER -
pay a reasonable and equitable portion 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 of, such portions
.may not have expired, but such taking possession and use shall not ,be deemed
an acceptance of any work not completed in accordance with the Contract Docu-
rAnts. If such prior use increases the cost of or delays the work, the CON-
TRACTOR shall be entitled to such extra compensation, or extension of time,
or both,- as the ENGINEER may determine.
'ihe CONTRACTOR shall notify the ENGINEER when the contract is "substantially
completed" and the ENGINEER shall forthwith advise the CONTRACTOR in writing
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to this Agreement, upon demand. shall be entitled to a revised consideration
upon the portion of the work above or below 25% of the estimated quantity.
Any revised consideration is to be determined by agreement between the parties,
otherwise by the terms of this Agreement, as provided under "Extra Work".
.0 PRICE OF WORK. In consideration of the furnishing of all the necessary
labor, equipment and material, and 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 contained, 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 PAYMENTS. On or before the 10th day of each month the ENGINEER
shall prepare a statement showing as completely as practicable the teal
value of the work done by the CONTRACTOR up to and including the last day
of the preceding month; said statement shall also include the value of all
sound materials delivered on the site of the work that are to be fabricated
into the work.
The OWNER shall theq pay the CONTRACTOR on or before the 15th day of the
current month the total amount of the ENGINEER'S statement, less'10 percent
of the amount thereof, which 10 percent shall be retained until final payment.
and further 1035 all previous payments and all further sums that may be
retsine& by the OWNER under the terms of this Agreement. It is understood,
however, that in case the whole work be near to completion and some'un-
expected and unusual delay occurs due to no fault or neglect on the, part of
the CON'T'RACTOR, the OWNER may - upon written recommendation of the ENGINEER -
pay a reasonable and equitable portion of the retained percentage`to the
CONTRACTOR.; or.the CONTRACTOR, at the OWNER'S option, may be relieved of
the obligation to fully complete the work and, thereupon, the CONTRACTOR
shall receive payment of the balance due him under the contract subject only
to the-conditions stated under "Final Payment"*
5.05 USE OF COMPLETED PORTIONS. The OWNER shall have the *:ght to take
potsession,of and use any completed or partially completed portions of the
work, notwithstanding the time for completing the entire work of such portions
,may not have expired, but such taking possession and use shall not be deemed
an acceptance of any work not completed in accordance with the Contract Docu-
mants. If such prior use increases the cost of or delays the work, the CON-
TRACTOR,shall be entitled to such extra compensation, or extension of time,
or both, as the ENGINEER may determine.
The CONTRACTOR shall notify the ENGINEER when the contract is "sut,stantially
completed" and the ENGINEER shall forthwith advise the CONTRACTOR in writing
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of any work undone which in the ENGINEER'S judgement should be done, if any,
in order to substantially complete the work. The "substantial completion"
of the structure or facility shalt not excuse the CONTRACTOR from performing
all of the work undertaken, whether of a minor or major nature, and thereby
completing the structure or facility in accordance with the Contract Documents.
5.06 FINAL COMPLETION AND ACCEPTANCE. Within ten (10) days after the CON-
TRACTOR has given the ENGINEER written notice that the work has been completed,
the ENGINEER and the OWNER shall inspect the work and within said time, if the
work be'found to be completed in accordance with the Contract Documents, the
ENGINEER shall issue to the OWNER and the CONTRACTOR his Certificate of Comple.
tion, and thereupon it shall be the duty of the OWNER within ten (10) days to
issue a Certificate of Acceptance of the work to the CONTRACTOR, or to advise,
the CONTRACTOR of reasons for non-acceptance.
5,07 FINAL PAy'ENT. Upon the issuance of the Certificate of Completion,
the E-NGT!`:. t 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 within 25 days shall certify same to the
OWNER, who not later than 35 days after the date of the Certificate of Com-
pletion shall pay to the CONTRACTOR 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 Cer-
tificate of Acceptance nor the final payment, nor any provision in the Con-
tract Documents, shall relieve the CONTRACTOR of the obligation for fulfill-
ment of any warranty which may be required in the Special Conditions of the
Specifications.
5.b6 PAYMNTS NI'PHMELD, The OWNER may, on account of subsequentV disco*red
e4iden6e,'withhold or nullify the whole or part of any 'certificate to such
extent as may be necessary to protect himself from loss oh account of:
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating probable
filing of claims.
(c) Failure of the CONTRACTOR to make payments propeiV to
sub-contactors or for material or labor.
(d) Damage to another contractor.
When.the above grounds are removed, or the CONTRACTOR providos a Surety Bond
satisfactory to the OWNER, which will protect the OWNER in the amount with
held, payment shall,,be made for amounts withheld because of them.
5.09 DELAYED PAYMENTS. Should the OWNER fail to make payment to the CON-
TRACTOR of the sum named.in any partial or final statement, when payment ie
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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%)
percent 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 there-
after to treat the contract as abandoned by the OWNER and recover compensation,
as provided under "Abandonment of Contract", unless such payments are withheld
in accordance with the provisions of "Payments Withheld".
6. EXTRA WORK AND CLAIMS
6.01 EXTRA WORK. It is agreed that the CONTRACTOR shall perform all Extra
Work under the direction of the ENGINEER when presented with a written Work
Order signed by the, ENGINEER, sahject, however, to the right of the CONTRACTOR
to requir9 a written confirmation of such Extra Work Order by the (AM. 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,
coat" of the work, plus fifteen (15%) percent.
In the event said Extra Work be performed and paid for under Method (C),
jpken.thgtprovisigns of this paragraph shall apply and the "actual field cost"
is hereby; dof ned to, include the cost to the CONTRACTOR of all workmsri sttc}i
as foremeis, timekQepars, 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 nn Public Liability
and Property Damage, and Workmen's Compensation and all other insurance as
may be required by any law or ordinance, or directed in writing by the
ENGINEER. Tha ENGINEER may direct the form in 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 shall 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. Unless otherwise agreed upon, the prices
for the use of machinery and equipment shall be determined by using 100 percent,
unless otherwise specified, o the schedule, current at the time of such use,
of'Equipment Ownership Expense adopted by the Associated General Contractors
of America. Where practicable the terms and prices for the use of machinery
24
9-1-66
and equipment shall be incorporated in the Written Extra Work Order. The
fifteen (15%) percent of t'-.u "actual field cost" to be paid the CO?7MCTOR
shall cover and compers-'.u him for his r,rofit, overhea,i, general superinten-
dence and field office expense, and all other, elements of cost and expense
not embraced within the "actual fiel:i cost" as herein defined, save that
where the CONIRACTOF'S Camp or Field Office must be mKintained solely on
account of such Exti a Worn. ; then "ho cunt to maintain :,rd operate the, same
shall be included iii t~:e "actual field cost".
No claim for Extra. Work of arty kind will be allowed unless ordered in writing
by the ENGINE-7,R, Tr, case any orders or instructions, either oral or written,
appear to the CON7FAC70R to irriolve Extra Work for which he should receive
compensation or ar adjustment in the construction time, he shall make written
request to the F% D EER for writter, 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 EtN.;ItdEER insists upon its
performance, the CONTRACTOR shall proceed with the work after making written
request for written order and shall keep an accurate accoun; of the "a^.tual
field cost" thereof, as provided under Method (C). The CONTRACTOR will
thereby preserve the right to submit the matter of payment to arbitration,
as hereinb6low provided.
.02 TIME OF FILING CLAIMS. It is further agreed by.both parties hereto
that all q estions of dispute or adJustment presented b-1 the CONTRACTOR shall
6E' 1r;' vriting and filed with the ENGIY_itR within fifteE,n (15) days after the
ENGINEER has given any directions, order or instruction to which the CON-
TRACTOR desires to take exception. The ENGINEER shall, within fifteen (15),
days,'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, any demand for arbitration shall be filed with the ENGINEER and the
OWNER in writing within ton (10) days after the date of delivery to CONTRACTOR
of the ENGINFER'S final decision. It is further agreed that final acceptance
of the work by the OWNF:q and the acceptance by the, CONTRACTOR of the final
payment shall be a bar to any claims by either party, except where noted other-
wise in the Contract Documents.
6.03 ARBITRATION. All questions of dispute un('er this Agreeme'it shall be sub-
mitted 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 *r1ting by each party, and the third dhoser, by the two arbiters so selected;
or if the arbiters fail tc 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 speciffed, bhculd the party demanding
arbitration fail to name an arb4.ter within ter, (10) days of the'damand, his
right to `arbitrate shall lapse, and the decision of the ENGINEER shall be
final said binding on him, Should the other party fail to choose an arbiter
within ten, (10) days, the ENGINEER shall appoint such arbiter. Should either
party ref'4 or neglect to supply the arbiters with any papers or information
demanded In writing, the arbiters are empowered by both parties to take
ex party proceedings.
9-1-66
Al,
The arbiters shall act with promptness. The decision of any two shall be
binding on both parties to the contract. The decision of the arbiters upon
any question submitted to arbitration under this contract shall be a con-
dition precedent to any right of legal action. The decision of thb arbiter
or arbiters may be filed in court to carry it into effect.
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 'he CONTRACTOR fails to comply with the
orders of the ENGINEER, when such t are consistent with the Contract
Documents, then, and in that cast ire performance and payment bonds exist,
the Surety on the bonds shall be n,tified 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 removes
from the work any machinery, equipment, tools, materials, or supplies then on
the ,job, but the same, together with any materials and equipment under con-
tract 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 pro-
'Vided for 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 VdNER may thereupon employ such force of men and use such
machinery, equipment, tools, materials, and supplies as said OWNER may
deem necessary to complete the work and charge the expense of such labor,
machinery, equipment, tools, materials, and supplies to said CONTRACTOR,
and expense so charged shall be deducted and paid by the OWNER out of such
„iaoneys as maybe dua, or that may thereafter at any time become due to
;1,,the,CONTRACTOR under and by virtue of this Agreerent. 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. In case such expense is greater than the sum which
would have been payable under this contract, if the same had been completed
by said CONTRACTOR, then the CONTRACTOR and/or his Surety shall pay the
amount of such excess to the OWNER; or
,7.012. The OWNER, under sealed bids, after five (5) days notice published one
or more times in a newspaper having general circulation in the county of the
location of the work, may let the contract for the completion of the work under
26
9-1-66
substantially X09, same terms, and conditions, which arc prgvided in this con-
tract. ,In case of a increas@,in,cost to the OWIEj under tie new,contract
as compared to.what slould ,have been, the cost ender this, oontract, such increase
shall, k*,.Chaxged to the CONTRACTOR, and,,,the Slu rety shall' bo g remain bound
therefox., Hgwgver,,ahpul~ t4e,coSt to.coVlete, any;such new contract prove
to be lgss than what would, have been the cost to,completo under this contract,
the,C9NTRACTOR and/pr his Surety shall, be credited wtth the difference.
,
When the work,wili have been substantially completed; the CONTRACOR.and his
Surety shall be so got iftgo and Certificates of Completion and, Acceptance, as
provided in.Paragraph 5.04 herginabovet,shall,be .issued., A complete Itemized
statement of!the eontraot amounts, certified to;by the ENGINEER,as being
correct, shell then be, prepared," delivered to the CONTRACTOR and his Saretye
whereupon, the.CONTRACTOR andf or ibis Surety, or„the OWNJ,as, the case may be#
shall pay the balance due as reflected by said statement, within fifkepn (1$)
days after the date of such Certificate of Completion.
In the event the statement of accounts shows that the host to complete the
work is less than that which would have been the cost to the OWNER had the
work been completed by the CONTRACTOR under the terms of this contract; or
when the CONTRACTOR and/or his Surety shall pay the balance shown to be due
by them to the OWNER, then all machinery, equipment, tools, materials, or
supplies left on the site of the work jhall be turned over to the CONTRACTOR
and/or his Surety. Should the cost to complete the work exceed the contract
price, and the CONTRACTOR and/or his Surety fail to pay the amount due the
OWNER within the time designated hereinabove, and there remains a:V machinery,
equipment, tools, materials, or supplies nn the site of the work, notice
thereof, together with an itemized list of such equipment and materials,
shall be mailed to the CONTRACTOR and his Surety at the respective addresses
designated in this contract; provided, however, that actual written notice
given in any manner will 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 said notice,
the OWNER may sell such machinery, equipment, tools, materials, or supplies
and apply the net sum derived from such sale to the credit of the CO'.41'RACTOR
and his Surety. Such sale may be made at either public or private sale, with
or without notice, as the OWNER nay elect. The OWNER shall release any
machinery, equipment, tools, materials, or supplies, which remain mn the work
and belong to persons other than the CONTRACTOR or his Surety, to their proper
owners. The books on all operations provided herein shall be open to the
CONTRACTOR and his Surety.
7,02 ABANDONMENT BY OWNER. In case the OWNER shall fail to comply with the
terms of this contract, and should fail or refuse to comply with said terms
within ten (10) days after smitten notification by the CONTRACTOR, then the
CONTRACTOR may suspend or wholly abandon the work, and may remove therefrom
all machinery, tools and equipment, and all materials on the site of the work
that have not been included•in payments to the CONTRACTOR and have not been
brought into the work. And thereupon, the ENGINEER shall make an estimate
2753
9_1_6b i
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 cannot be utilized. The ENGINEER shall then make final statement of
the balance due the CONTRACTOR by deducting from the above estimate all
previous payments by the OWNER, and all other sums that may be retained by
the OWNER under the terms of this Agreement, and shall certify same to the
OWNER, who shall pay to the CONTRACTOR, on or before thirty (30) days after
the date of the notification by the CONTRACTOR, the balance shown by said
final statement as due the CONTRACTOR under the terms of this Agreement.
END - GENERAL CONDITIONS
2$
9-i-6b .
• DETAIL SPECIFICATIONS
ITEM I - EXCAVATION AND BACKFILL
I_1 TRENCH uIDTH: 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 cone shall be considered as the vertical
distance from the bottom of the trr.nch to an elevation one foot above the top
of pipe when the pipe is at the specified grade.
1.2 DEPTH AND ALIGNMENT CONTROL: Gr4de hubs will be set by the Engineer
at intervals of SO 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 distanco is mutually agreeable to the Contractor and the
Engineer. The Contractor shall conduct hit. operations in such a manner as
not to destroy the stakes until the pipe hac 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
batter boards, 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 than
1/16". 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 judgment and due
caution in regard to safety of his personnel. The Engineer reserves the
right, however, to require the Contractor to install trench bracing or
resort to other safety measures in cases where, in the Engineer's opinion,
a dangerous situation exists.
1.4 DEUATERING: 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 In 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.
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
1.1
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 AROUND PIPE AND STRUCTURES: All pipe shall be embedded as shown
on the plans. Backfill shall be placed uniformly on both sides of the pipe,
and to a total depth not to exceed three feet from the bottom of the trench.
This three foot depth shall then be jetted with water before any more backfill
is placed. Pressure jetting shall continue in each lift of backfill until
that lift is completely saturated.
The equipment for pressure jetting shall be equal to a fire hose having
approximately a five foot length of 3/4" pipe attached to the end which can
be inserted down into the backfill while large quantities of water are being
forced through under pressure. The source of water should preferably be a
tank truck equipped with a pump for supplying large quantities of water under
pressure. Experience has shown that gravity flow from a tank truck will not
produce the desired results. The jet pipe shall be inserted at close intervals,
and sufficient water shall be injected so that the backfill material will
"melt and flow" together, and there will be no bridging across or dry areas.
The remaining backfill to ground surface shall be pushed in three foot
lifts, and each lift shall be saturated by jetting in the wanner above
described before the next lift is placed. It is intended that by this back-
fill method, there will be very little, if any, "after settlement" of the
trench area.
. Backfitl around manholes and structures shall be done in a similar manner
to that described above for backfill of pipe trenches.
END OF ITEM
1-2
ITEM 2 - CLAY SEWER PIPE
2.1 GENERAL: Clay sewer pipe as furnished for thisproject shall conform to
the strength classification as shown on the plans, and shall comply in all
respects with these specifications.
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
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 herelnbelow. These
specifications are intended to be so written that either glazed or unglated
clay sewer pipe will be acceptable. Pipe shall have pre-formed compression
type joints.
All pipe 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 (1/0
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 ASTH 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 for 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.
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 FLEX-
IBLE COIPRESSION COUPLING" as manufactured by W. S. Dickey Clay Mfg. Co.,
2-1
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 prevent the possibility of any appreci-
able amount of water entering the line through the joints. During the jetting
operation 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.
END OF ITEM
I
I
2-2
ITEM 3 - EMBEDMENT MATERIAL
3.1 GRANULAR 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 (411) inches below the grade of
the outside of the pipe and filled with granular material for pipe embedment.
Embedment details are shown in the Plans.
Granular embedment material shall be crushed stone or gravel with a
maximum size of 3/411. Granular embedment material shall comply with the
specifications for Coarse Aggregate for Concrete as herein elsewhere set
forth, except that the amount of fine particle passing a No. 4 sieve shall
not exceed 10%.
After the pipe has been laid to grade and line and the Engineer's approval
obtained, the embedment material shall be placed up each aide of the pipe to
the level indicated on the plans, and shall be shovel tamped around and under
the pipe In order that all void space may De filled.
3.2 CONCRETE EMBEDMENT: Where shown on the plans or as directed by the
Engineer, the pipe shall be laid with a concrete embedment or encasement
of 1500 pound concrete in accordance with the details shown on the plans.
The concrete embedment or encasement shall be made monolithic by laying
the pipe to line and grade on a four (411) inch embedment of concrete and
before the embedment 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.
END OF ITEM
3-1
ITEM 4 - MANHOLES
4.1 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
of brick.
Excavation for manholes shall be large enough for the outside plastering
of the brick.
Concrete for all manhole construction shall be 3000 pound concrete.
Brick for manhole construction shall be furnir:,ed by the Contractor
and shall be hard burned sewer brick A.S.T.M. C-31, Grade MA. Brick shall
be laid with full slush joints of portland cement mortar of one (1) part
cement and three (3) parts clean mortar sand. used joints shall be as near
as possible of uniform thickness not exceeding three-eighths (3/811) inch and
shall be substantially level. Brick shall be laid radially with vertical
joints not over one-quarter (1/411) 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 (1/211) inch of mortar.
• 416 MANHOLE COVERS AND STEPS: Manhole covers and steps shall be of good
grade gray cast iron and of design shown on the plans. The cast iron shall
have a tensile strength of not less than 18,000 pounds per square inch. All
castings shall be kept clean and perfect without blow or sand holes or other
defects of any kind. Castings shall be thoroughly cleaned 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.
Where required by the Amer, stub-outs shall be made from the manholes
for future connections at the elevation designated by the Engineer, with one
joint of clay pipe which shall be set in the brick wall of the manhole and
plugged at the outer end. Stub-out pipe will be furnished by the Contractor
and shall be paid for at the unit price bid for pips of that site and depth.
END OF ITEM
4-1
y ra
ITEM 5 - CONCRETE AND REINFORCING STEEL
5.1 GENERAL: Concrete shall be composed of portland cement, fine aggregate
coarse aggregate, water and water dispersing agent properly proportioned
and mixed as hereinafter specified. All structural concrete shall be 3000
psi quality unless otherwise shown on the plans.
5.2 MATERIALSr Portland cement shall conform to the specifications and tests
for Type 1 portland cement of the American Society for Testing Materials,
Serial Designation C-150.
Fine aggregate shall conform to the Standard Specifications for Concrete
Aggregate, ASTM Designation C-33. In addition to the requirements of the
ASTM Specifications, the fine aggregate shall also conform to the following:
(1) Loss shall not exceed ten (10X) per cent by weight in five (5)
cycles when tested for soundness in accordance with ASTM Method of Test
Designation C-88, except as noted in ASTM Specifications Designation C-33.
(2) The amount of deleterious substances shall not exceed Recommended
Permissible Limits as set forth In ASTM Specification Designation C-33, and
"other deleterious substances" will not be allowed.
(3) The mortar, for teat of fine aggregate, made and tested in accord-
ance with Standard Method of Test for Measuring Mortar-Making Properties of
Fine Aggregate, ASTM Designation C-87, shall develop a compressive strength
at 7 and 28 days of not less than 100 percent of that developed by the
mortar specified in that method as the basis of comparison.
Coarse aggregates shall conform to the Standard Specifications for
Concrete Aggregates, ASTM Designation C-33. In addition to the require-
ments of the ASTM Specifications, the coarse aggregate shall also conform
to the following:
(1) Wear shall not exceed forty (40X) per cent when tested according
to ASTM Standard Method for Abrasion of Coarse Aggregates by Use of the Los
Angeles Machine, Designation C-131.
(2) Loss shall not exceed thirteen (13X) per cent by weight in five
cycles when tested for soundness in accordance with ASTM Method of Test
Designation C-88, except as noted in ASTM Specification Designation C-33.
(3) The amount of deleterious substances shall not exceed Recommended
Permissible Limits as set forth in ASTM Specification Designation C-33, and
"other deleterious substances" will not be allowed.
For the Contractorts convenience, the ASTM grading requirements
applicable to this project are listed hereinafter:
T r• 'j'. i' ~.1..
FINE AGGREGATE
SIEVE SIZE PASSING
3/8 Inch . . . . . . . . . . . . . . . . . . . . . . 100
No. 4 95-100
No. 8 80-100
No. 16 50- 85
No. 30 . . . . . . . . . . . . . . 25- 60
No. 50 . 10- 30
No. 100 . 2-10
COARSE AGGREGATE
SIEVE SIZE
SQ. OPENINGS X PASSING
2" 100
lyl . . . . 95-100
3/4" . 35- 70
3/8" . . . . . . 10- 30
No. 4 . . . . . 0- 5
Water for concrote shall be clean and free from oil, acid, alkali,
organic matter, or other harmful impurities. Water which is suitable for
drinking or for ordinary household use will be acceptable for concrete.
Where available, water shall be obtained frov. mains of a waterworks system.
. 5.3 CONCRETE PROPORTIONS AND CONSISTENCY: Concrete shall be proportioned
to give the necessary workability and strength and shall conform to the
following governing requirements:
Min. 28 Day Min. Cement Max. Size Max. Flats Slump
Compressive Bags Per of Coarse Gnis. Per Inches
Strength Cu. Yd. AAArexate Bag
3000 5.5 1-1/2" 6.75 4-6
2500 5.0 1-1/2" 7.00 4-4
1500 4.0 1-1/2" 8.00 3-4
Cradle 2.0 31P* 8.00 3-4
Stabilized
Backfill 2.0 311* 8.00 3-4
* May be "pit run" aggregate.
The proportion of fine and coarse aggregate shall be such that the
requirements of the following table are complied with:
Ratio of Coarse Aggregate to Fine
Aggregate on Basis of Dry and
Miximum Size of Coarse Aggregate Rodded Volumes
Minimum Maximum
3/4" 0.6 1.5
1" and Over 1.0 2.0
r 5-2
1 (~"vie
ry Iz
In no case shall the amount of coarse material be such to produce
harshness in placing and honeycombing in the structure when forms are re-
moved.
In the determination of the amount of water required for mix, consider-
ation shall be given to the moisture content of the aggregate. The net
amount of water In the mix will be the amount added.at the mixer; plus
the free water in the aggregate; and minus the absorption of the aggregate,
based on thirty (30) minutes absorption period. No water allowance will
be made for evaporation after batching.
The mothod s of measure of materials shall be such that the proportions
of water to cement can be closely controlled during the progress of the work
and easily checked at any time by the Engineer or his representative. To
avoid unnecessary or haphazard changes in consistency, the aggregates shall
be obtained from a source which will Insure uniform quality and grading during
any single day's operation and they shall be delivered to the work and handled
In such manner that the variations in moisture content will not interfere
with the steady production of concrete of reasonable degree of uniformity.
All sources of supply shall be approved by the Engineer.
All materials shall be separately and accurately measured. Measurement
may be made by weight or b1 volume, as may be elected by the Contractor;
however, all equipment for measurement of materials shall be subject to
approval by the Engineer.
The proportions of the mix shall be such as to produce concrete that
can be puddled readily into the corners and angles of the forms and around
the reinforclug without excessive spading, and without segregation or undue
accumulation c'. water or laitance on the surface.
5.4 TRANSIT MIt CONCRETE: Transit mix concrete will be permitted in lieu
of mixing on the job, provided all of the following conditions are compiled
with:
(1) All requirements otherwise specified for mixing on the job shall
apply.
(2) Sufficient transit mix equipment shall be ass:gnod exclusively
to the project as required for continuous pours.
(3) Satisfactory evidences shall be furnished that the delivery of con-
crete shall be continuous at regular and uniform intervals without stoppages
or Interruptions.
(4) All concrete shall be deposited in the forms within 45 minutes
after water has been added to the mix. Concrete retained in the truck
longer than 45 minutes after water has been added to the mix will be re-
jected.
5.5 TESTING AND CONTROL OF MIX DURING CONSTRUCTION: Sufficient test
cylinders will be made by the Engineer at intervals to determine compliance
with the specifications. Compression tests of concrete cylinders will be
made by an independent testing laboratory, selected and paid by the Owner.
S-3
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5.6 FORMS: Forms shall be built mortar tight, and true to line and grade.
Studs, walers, and approved form ties shall be used at the proper spacing
and of the proper size maintain straight lines on all vertical surfaces.
Forms for surfaces requi ng a rub finish shall be lined with plywood,
"Masonite" or other approved form lining.
Forms on vertical surfaces shall remain in place a minimum of six (b)
hours. Forms under horizontal surfaces shall remain in place seven (7) days.
5.7 FREEZING WEATHER: When depositing concrete at or near freezing tempera-
tures, the concrete shall have a temperature of at least 50 degrees F., but
not more than 120 del,rees F., when aggregates Are heated. The concrete shall
be maintained at a temperature of at least 50 degrees for not less than 72
hours after placing, or until the concrete has thoroughly hardened. When
necessary, concrete materials shall be heated before mixing and heating
apparatus such as stoves, salamander, etc., shall be supplied to maintain
the concrete at the required temperature. The Contractor shall be responsible
for the protection of concrete placed under any and all weather conditions.
5.8 CURING: All concrete shall be cured by keeping continuously wet for
seven days after pouring. On surfaces which do cot require a rubbed finish,
the concrete mA..y he cured by supplying a curing compound In lieu of water
curing if thf. Contractor .io desires, Curing compound shall be "Hunts Process",
or approved equal, applied as closely behind concrete finishing as possible.
5.9 REINFORCING STEEL: Reinforcing steel shall be billet steel, Inter-
mediate grade, deformed bars, conforming to A.S.T.M. Specification A-15.
All mill scale shall be removed before placing and bars shall be kept clean
until concrete is placed. The steel shall be placed in the forms as shown
on the plans and shall be maintained In place by wiring or by any other
effective means approved by the Engineer. No steel other than American manu-
factured will bz accepted.
END OF ITEM
t 5.4
4
ITEM 6 - CONNECTIONS TO EXISTING LINES
There are several existing sewer limas, both house connecting lines and
main lines, to be tied into the sewer installed under this contract. In
general, these connections shall be made in such a way that minimtiA interruption
to existing sewer service will result. The necessary manholes and connecting
lines required to intercept the flow from the existing facilities shall be in-
stalled so that, when approval ir, given by the Engineer to divert the flow,
the sewage flow need be blocked kiff upstream only long enough to install final
joints of pipe, or break out pipe inside manhole, to complete the connection.
END OF ITEM
Y
L 6-1
ITEM 7 - REPLACE BASE AND PAVING
7.1 GENERAL: It is intended by these specifications that any base course or
paved surface, whether private driveways or street paving, which exists at
the time of this sewer installation be replaced in accordance with these
specifications.
7.2 MATERIALS:
(a) Flexible Base Material: At any location where flexible base material
(gravel streets or driveways) is cut by the pipe trench, such material shall be
replaced to a depth equal to the existing base course, but in no case shall the
replaced base have a compacted thickness of less than 6" even if the existing
base was thinner than 611. The replaced base course material shall be "Crushed
Stone", and shall comply with the latest THD specifications, Item 242. This
specification Item is a standard specification contained in the 1962 Standard
Specifications for "Road and Bridge Construction."
For convenience, some of the more essential portions of the THD specifi-
cations are listed below:
CRUSHED STONE
Soil Constants LL - not to exceed 40
PI - not to exceed 12
Gradation Ret. on 1 3/4" 0%
Rot. on No. 4 - 45 to 75%
Rot. on No. 40-60 to 95X
Material source shall be tentatively approved by the Engineer before
delivery of any material to the job site.
(b) Topping Material or Wearing Surface: All pavement replacement shall
be Hot Mix Asphaltic Concrete having a compacted thickness of lk". Base
material across the repaired area shall be replaced with 2:27 stabilized back-
fill as detailed on the Plans.
The wearing surfaces shall be in accordance with these specifications:
(1) 1h"HMAC wearing surface shall comply with the City
of Denton Standard Specifications in regard to mix
proportions, aggregate grading, asphalt, placing,
compacting and finishing.
(2) Where penetration asphalt wearing surface isused,
the materials and procedure shall comply with the
applicable portions of the Texas Highway Department
Standard Specification (1962).
The asphalt shall be OA-175 complying with THD
specification Item 300. Aggregate shall be Type
C or D complying with THD specification Item 302.
The first course of aggregate shall be grade 4,
and the second course shall be grade 6.
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MATERIAL DISTRIBUTION
Application Asphalt (Gallons) / S.Y. Aggregate. CY/SY
Min. Max. Min. Max.
First 0.20 0.35 1:100 1:60
Second 0.30 0.50 1:200 I:IOC
7.3 CONSTRUCTION PROCEDURE: All paving which is cut for trenching operations
shall be cut in a straight line, and in a neat and uniform manner. The surface
of the base course shall be finished to a smooth uniform grade. After the base
course has been completed it shall ►.e opened to traffic for a minimum of two
weeks prior to installation of the wearing surface. The Contractor shall main-
tain the surface smooth for traffic during this time.
The base shall be shaped so that an asphaltic surface course of lh" will
be obtdinod. The base shall be swept clean of all loose material and primed
by spraying or mopping. The surfacing material shall be spread, thoroughly
raked, levelled, and rolled with a five (5-T) ton, or larger, flat wheel roller.
Care shall be exercised to replace the pavement to the proper cross section and
elevation. Any high or low areas appearing during or after rolling shall be
corrected by loosening the surface and then adding or removing the proper amount
of asphaltic concrete, and then re-compacting the surface.
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END OF ITEM
7-2
ITEM 8 - RAILROAD CROSSING
8.1 GENERAL: Where the work encroaches upon the right-of-way of the Texas
& Pacific Railroad, the Owner will secure the necessary easement for the work.
The Contractor shall observe all applicable regulations and instructions as
to the method of performing the work and take all precautions for safety of
property and the public. All negotiations with the Railroad Company, except
for right-of-way procurement, shall be carried on by thi, Contractor not less
than five days prior to the time of his intentions to begin work on that
portion of the project.
All work performed within the limits of the right-of-way shall be in
full accordance with all requirements or the Owner of same, and all pre-
cautionary and safety regulations shall be strictly observed.
8.2 MATERIALS: Vitrified clay pipe with patented compression type joints,
as used for the remainder of the sewer, shall be used as the carrier pipe
for the crossing, as shuwn on the Plans. The casing for the crossing shall
be of size and gauge shown on the Plans, and shall be galvanized corrugated
steel as manufactured by ARMCO Drainage and Metal Products Company, Inc., or
approved equal, in compliance with AASHO Designation M-36.
8.3 CONSTRUCTION: The tunneled portion of the crossing shell be made by
boring a hole and pulling the casing through or by excavati:ig a hole ahead
of the casing as it is jacked through. The hole shall soc be greater than
two-inches in diameter larger than the O.D. of the casing. The Contractor
shall not be permitted to encroach within the limits of the boring as shown
on the Plans. Careful attention shall be given to the installing of the
casing on proper grade. All joints of corrugated pipe casing shall be made
with corrugated lap straps.
The vitrified clay carrier pipe shall be carefully pushed through the
casing on timber runners, as detailed on the Plans, in such a manner as to
insure watertight joints and to prevent damage to the pipe.
The backfill of trenches and other excavations within the limits of the
right-of-ways shall be wetted and compacted into place as specified under
the item "EXCAVATION AND BACKFILL".
END OF ITEM
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8-1
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ITEM 9 - PROJECT MAINTENANCE AND CLEANUP
During the prosecution of the work, the Contractor shall maintain the
project site in an orderly and acceptable manner. Upon completion of any unit
of work, and before final acceptance and 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 condition equal to or better than 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.
All ditch surfaces shall be maintained (settlement repaired) by this
Contractor for a period of twelve (12) months after acceptance of the work.
END OF ITEM
9-1
ITEM 10 - BASIS OF PAYMENT
10.1 GENERAL: The "Bid Price" for each and every item as set forth in the
Proposal shall include the furnishing of all labor, tools, materials, machinery,
appliances, placc and equipment appurtenant to and necessary for the con-
struction and completion in a first class, workmanlike manner of all work as
herein specifies' in strict accordance with these specifications and accompany.
ing plans. Tile "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 structures, removal and replacement of
any poles, 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 othrwlse specified.
The bid price shall also include all other incidentals not specifically
mentioned above that may be required to fully construct each and every item
complete in place in accordance with the true intent and meaning of the specl-
fications and accompanying plans.
10.2 DESCRIPTION OF PAY ITEM': The numbers as listed here correspond with
Item numbers in the Proposal.
1 through 24 - Furnish and Install V. C. Sewer: The price bid per linear
foot for the size of pipe at the depth indicated shall be full compensation for
furnishing the pipe, trenching, laying, jointing and backfilling. Granular
embedment will be paid for separately. Measurement for payment will be from
end of pipe or center of manhole, continuous through Intermediate manholes, to
the center of the last manhole or end of pipe where there is no manhole.
Measurement for trench depth will be from the natural ground elevation at the
center of the trench to the flow line of of the pipe.
25 - Manholes to 6 ft. depth: The price bid per each for this item shall
be full compensation for concrete footing, brick, stub outs where shown, manhole
rings and covers, manhole steps, and all other work and materials for the
complete Installation. Measurement for depth will be from the flowline of the
lowest pipe in the manhole to the top of cast iron cover. Where this measure-
ment is 6 ft. or less, the price bid for this item shall be full compensation
for the complete manhole. Where the total depth exceeds 6 ft., then such extra
depth of manhole which exceeds 6 ft. will be paid for under another item.
26 - Manhole Depth in Excess of 6 Ft.: The unit price bid per linear
foot for this item shall be full compensation for all labor and materials as
necessary for manhole construction. Measurement for payment will be the verti-
cal depth taken from a measurement from the flow lino of the lowest pipe in
the manhole to the top of lid; then deducting 6 ft. The remainder will be the
depth in excess of 6 ft. and will be paid for at the price bid for this item.
27 - Drops for ilsnholes: The unit price bid for manhole drops shall be
full compensation for all costs of fittings and other appurtenances required
for the drop. Cost of the manhole will be paid for under Items 25 and 26.
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28 - Granular Embedment Material: The unit price bid per cubic yard
for this material shall be full compensation for furnishing and placing the
material under and around the pipe to the depth shown on the plans.
Measurement for payment will be based on the quantities shown on the
plans for each size of pipe, and the total quantity will be computed by
multiplying the linear ft. of pipe by the C.Y. per linear ft. factor shown
on the plans. This quantity, thus computed, will be the pay quantity re-
gardless of the width of trench.
29 - Concrete Cradle and Encasement: Measurement for payment for this
item shall be based on the quantity per 100 feet for the various pipe sizes
shown in the tabulation on the Plans, and for the length called for on the
Plans or authorized by the Engineer. These quantities will be used regardless
of the actual width of the trench.
30 - T 6 P Railroad Crossing: The lump sum amount bid for this item
shall be full compensation for excavation, boring, jacking, casing, in-
stalling V.C. Pipe in the casing, and any other extra cost not included in
the prices bid for other items. Lump sum cost of this item shall also in-
clude the cost of all clay pipe inside the casing.
31 - 2:27 Stabilized Backfill: Stabilized backfill shall be paid for
per cubic yard, with measurements for payment based on a minimum trench width
for the length and depth authorized to be used by the Engineer.
32 - 14" Hot Mix Asphalt Surface: Payment will be made at the unit
price bid per square yard, with quantities based on minimum trench width.
33 - Service Connections: The lump sum price bid per each for these
connections shall be full compensation for furnishing and installing the
V. C. sewer branch, 6" V. C. 1/8 bend, correct length of 6" V. C. riser pipe,
6" 900 Bend, and concrete embedment beneath the sewer branch.
No separate payment will be made for jetting of trench backfill, repairs
and replacements to fences, shrubbery, lawns, etc., wet connections, or any
other items not specifically covered in the Proposal Items listed above unless
prior arrangements are made in writing with the Engineer before the work is
done.
END OF ITEM
10-2
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