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HomeMy WebLinkAbout11-1968 s j wow } s n'. r f 1II ' y 1 ,`t , "to r# d r i opy c*u c E DENfOVI IFXAS IJ ~ ~ S&SRAGE SYSTEM IMPROVE24°EMS { t r SPECIFICATIONS AND CONIRACT DOCU1IENTS ~ FOR CU,~_}iF;IC"I'fON 01" , 5~.ut~;1 ,:;oc.35IN+, ~tsl!•~1 I 71 ~s 4 rt r -f Fn'-EliE, NILAIOLS ANN DDRESS CONSULTING EW;INF,°R.i C r* N a J , dill i DENTON, TEXAS SEWERAGE SYSTEM IMPROVEMENTS SLUDGE PROCESSING SYSTEM WPC-TEX-411 ADDENDUM 10. 1 Bids to be Opened: 1:10 p.m., March 20, 1959 Wage Rate Schedule: The attached wage rate determination shall be made a part of the Specificat:lons, and shall replace the wage rates shown In the Specifications for those particular job classifications. Wage rates for job classifications not included in the attached modification shall remain un- changed. BIDDERS SHALL ACKNOWLEDGE RECEIPT OF THIS ADDENDUM IN THE SPACE PROVIDED IN THE PROPOSAL. FREESE, NICHOLS AND ENDRESS Consulting Engineers March 100 1969 C - r• U S, OEPARTMENT OF LABOR ' . 01/iCtt 001 ?NJ a[CM I►Lpr wAaNrNOTON NOTICE OF MODIFICATION - DECISION OF THE SECRETARY T0, Department of the Interior, FWPCA CA►t DI twit n001rrC4►i041 MODInCAnOw %0 January 30, '1969 } One ossCSIPT►ON or •oca Expansion of existing active occrsroN No rc:Ilacs luigg0 Waste treatment plant including primary Ai.-7 731 Aril 15 1969 -.larification aeration, final settling sludge ' ogee",n & c orination. Cou.TV ITAT4 Denton WPC-Tex-471 Denton Texas Upon review of current data, chances as noted below are hereby directed. The rates in the enumerated wage determination decision, as amended by previous modifications, and ea modified herein, are to tie considered prevailing (or, in the case of the Federal Airport Act, as the minimum) in accordance with applicable law. Iru" 80016r,rs ►s►M/MIS furry tste~~ Yu~u~e A TR Oi~er~ Grange: _N6 r PS Building Construction: BricklKyers $5.60 .125 .125 Cement masons 5.00 { Laborers: I alx,rers 3.04 .1^5 .10 Air tool op. (4ackh-.,umor, vib.) 3.10 .125 .10 Ma;:on tenrlers 3.1'? 1125 .10 Mortar mixers 3.14 .125 .10 P'lasterers' tenders 3,-`9 .125 .10 Ma:ole & Tile setters, 'l2rrazzo w rkers 4.?5 Plumbers 5.60 .05 Plasterers 5.3,'K ,,7 it: Power Fquipnent Operators schedule "P+:ildlre ~n=tnarj n' All: Power Fquipment Operators schedule "Building r.n~tnzrt; ;;r II 13 - Texas RO i BUILDING r,U3fr l'K~Ji ! F _ Basic friuto *M$ ►ar.aets Hourly ltot*c M i M tM~IMi VccatM App. T.. dAiu.s FMU YQUIP}(L.Tr OP' A MRS t Oller(all typal) $+.05 .2O Light Zquipswnt Operaterai air oomprtssor 11)1 p=p (1), throttle valrea; wagon drill; elevators buildiag fora graders; boil", si4le Irma: wlxer less than 1; emble foot; r+:reeaing plan s; } welding each. +aa 4 J1%2ti: (2 or rrra) crus;Map plrr,t; fort under 2> feet); coaerete 1»,.Tpo 411 typar); bobcat type sy~,f ~„crt; ford tractor or 1*; a -af .L on., .si pschaoint ~ (sxr.ept, baokbne) 4 40625 .20 8eavy Lgt.ipee m U•rore`ore; Drilling anchioas (all V! os); acoopao- bi;sl hoists, two drum nr aors; winch truck, whoa used contim.Lrrsly for 5 days alvemobilt; loroaotlveu; adrers, 14 E cubic feet or over,; blade Lraders, self ~ t ! propelled; cableways; cranes • porrar operated to 100 feet; fnrt'ion type ! l baclchoe; i4ert-16s, prm- );,rated (all f t•psa); gradsill ; lwp•ti; paving ! alzers (all typo,!)-, Silr dri~Mra; mcr;le concretos stirs", over 1G :-i;- ft.- Null- dosers, loader•a, tre^t r,•:c.re; acrep*re ! and cUllri we',.doro- roller, tan tcn'R or, oow-or, 9:L ",r- J prssnar, threx; air cons r:;r,o: & uae pump, i:uwp, tbsamt or mfr-- :i colt- pronor 4 rie tugger; or nr:o xechtnic 5025 .20 i i i i i ~ DENTON9 TEXAS SEWERAGE SYSTEM IMPROVEMENTS SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CONSTRUCTION OF SLUDGE PROCESSING SYSTEM WPC-Tax-471 NOVEMBER 1468 FREESE, NICHOLS AND ENDRESS CONSULTING ENGINEERS TABLE OF CONTENTS Page NOTICE TO BIDDERS a INSTRUCTIONS TO BIDDERS b PROPOSAL d SPECIAL CONDITIONS f FEDERAL SPECIFICATIONS AND CONTRACT REQUIREMENTS WAGE RATE SCHEDULES CONTRACT AGREEMENT I PERFORMANCE BOND 3 PAYMENT BOND S GENERAL CONDITIONS OF AGREEMENT 7 DII61b SPECLIFICATIONS 1. Scope of this Contract 29 2. Scope of Work by Others 29 3. Coordination of Work 29 4. System D901gn Criteria 29 S. System Compcn*nts 30 6. Guarantee 34 7. Start-Up and AtcepVance 35 8. Painting 35 9. Instruction Manuals 37 10. Payment 37 NOTICE TO BIDDERS Sealed proposals addressed to James W. White, City Kinager, Denton, Texas will be received at the office of the City Manager In the Municipal Building until 1:30 P.M., March 20, 1969 , for the construction of the following item: SLUDGE PROCESSING SYSTEM WPC-Tex.471 At this time and place the proposals will be publicly opened and read aloud. Any bid received after closing time will be returned unopened. Copies of Plana, Specifications and Contract Documents are on file and may be examined without charge In the office of the Director of Public Works, Municipal Building, Denton, Texas. Copies may be procured without charge from Freese, Nichols and Endress, 508 Throckmorton Street, Fort Worth, Texas. A cashier's check, certified or acceptable bidder's bond, p+yable to the City of Denton, Texas, in an amount not less than five (5X) percent of the bid submitted, must accompany each bid as a guarantee that, if awarded the contract, the Bidder will, within ten (10) days of aw&rd of contract, enter into a Eontract and execute bonds on the forms provided in the Contract Documents. Actentinn 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 tht Contract Documents hereinbefore described and which are made a part hereof, must be paid on this project. In case of ambiguity or lack of clearness in stating proposal prices, the City of Denton, Taxes, reserves the right to adopt the most advantageous con- struction thereof, or to reject any or oil bids, and waive formalities. No bid may be withdrawn within forty-five (45) days after date on which bids are opened. Non-discrimination in Employment: Bidders on this work will be required to comply with the President's Executive Order No. 11246. The requirements for bidders and contractor3 under this order are explained in the Speeifietcions. ! CITY OF DENTON, TEXAS James W. White, City Manager a NOTICE OF REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACILITIES Bidders are cautioned as follows: By signing the contract for which these bids are solicited, the bidder will be deemed to have signed and agreed to the provisions of the "Certification of Nonsegregated Facilities" as contained In the specifications for this project. NOTICE TO PROSPECTIVE FEDERALLY ASSISTED CONSTRUCTION CONTRACTORS (a) A Certification of Nonsegregated Facilities, as required by the May 28, 1968 order (33 F. R. 7808, May 28, 1968) on Elimination of Segregated Facilities, by the Secretary of labor, must be submitted prior to the award of a federally assisted construction contract exceeding $10,000 which Is not exempt from the provisionF of the Equal Opportunity clause. (b) Contractors receiving federally assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause will be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity clause. NOTICE TO BIDDERS ON FEDERALLY ASSISTED CONSTRUCTION CONTRACTS WHERE BIDS ARE LIKELY TO EXCEED ONE MILLION DOLLARS Application has been or may be trade to the Federal Water Pollution Control Administration of the Department of the Interior for financial assistp:ice to the work proposed under this Solicitation. The Department of the Interior, in implementation of Executive Order 11246 (Equal Employment Opportunity), of September 24, 1965, requires its constituent Agencies which provide financial assistance to construction to conduct Equal Employment Opportunity compliance reviews prior to award wherever the prospective construction contract is in excess of one million dollars. Accordingly, the apparent low bidder under this Solicitation should be prepared to attend a meeting that will be scheduled by the Federal Water Pollution Control Administration after opening of bids, but before award, where he will be requested to specify what affirLA tlve action he has taken or proposes to take to assure Equal Employment Opportunity on the project. Until a determination has been made by the Federal Water Pollution Control Administration that a satisfactory compliance position exists on the part of the prospective contractor, and the determination has been concurred in f by the Department of the Interior, Office for Equal Opportunity, award of the contract will not be authorized. a-1 INSTRUCTIONS TO BIDDERS 1. IROPOSAL FORM: Bidders shall use the proposal forms included In the documents for each contract. Proposal forms are to be left attached to documents in same manner as received by Bidders. Supplemental data to be furnished shall be included in same sealed envelope with Proposal. 2. DELIVERY OF PROPOSAL: It shell be the Bidder's responsibility for the delivery of his proposal at the proper place by the time stated in the Notice to Bidders. The mere fact that a proposal was dispatched will not be con- sidered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL" and the name or description of the project as shown on the front cover of the Contract Documents. 3. BID SECURITY: Each bid must be accompanied by a certified or cashier's check or an approved bidder's bond made payable to the Owner in an amount o? five (5:) percent of the largest possible total of the bid as a guarantee that, if awarded the contract, the Bidder will enter into a contract and execute all necessary bonds. 4. PERFORKANCE BOND: With the execution and delivery of the contract, the Contractor shall furnish a performance bond for the full amount of the con- tract. Bond shall be exocuted by an approved surety company authorised 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 Treas- ury of the United States of America. Performance Bond shall be arranged to extend for a period of one (1) year beyond the date of written acceptance of the work by the Owner, to guarantee the repair and/or replacement of defect- ive materials and/or workmanship which may develop during this period, and to cover the other specific guarantees set forth under the Detail Specifications of these Documents. 5. PAYMENT 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 com- panies holding Certificates of Authority from the Secretary of the Treasury of the United States of America. 6. BIDDER'S KNOWLEDGE OF CONDITIONS: Prior to submission of a proposal. bidders shall have made a thorough inspection of the site of the work and a thorough examination of the plans and specifications, and shall become in- formed as to the nature of the work, labor conditions, and all other matters that may affect the cost and time of completion of the work. 7. INTERPRETATION OF DOCUMENTS: If any person contemplit`ing submitting a bid for the proposed contract Is in doubt as to the me.:aing of any part of plans, specifications, or other proposed Contract Documents, he may submit to the Engineer a written request for an interpretation thereof prior to 48 hours of the time for opening of bids. The person submitting the request will be responsible for its prompt dellvary. Any interpretation of these b i documents will be made only by addendum duly issued and a copy of such addendum will be mailed or delivered to each person receiving a set of such documents. The Owner will not be responsible for any other explanations or Interpretations. 8. GUARANTEE: Attention is directed to the specific performance and quality features of the operation of this system which shall also be guaranteed under the one (1) year Performance Bond extension. These specific items are outlined under the Detail Specifications of these Documents. END OF INSTRUCTIONS TO BIDDERS c 77 PROPOSAL 1 Denton, Texas March 20, 1969 PROPOSAL OF ZIMPRO DIVISION OF STERLING DRUG. INC. , A Corpor*tion organized and existing under the laws of the State of JkLVA ra , a partnership consisting of the business name of in individual. TOs Mr. James W. White. City Nsnager Denton, Texas MPOSAL WAt Sludge Processing System, WPC-Tau-411 The undersigned Bidder, pursuant to the foregoing NotIce to bidders, has carefully examined the Instructions to Bidders, this Proposal, the Special Conditions, the form of Contract Agreement and of Bonds, the General Conditions of the Agreement, the Specifications, the Plans, and ciao the site df the work, and will provide all necessary labor, superintendence, machinery, equipment, tools, materials, services, and other facilities to complete fully all the work as provided in the Contract Drcuments= and binds himself upon formal acceptance of his Proposal to execute a contract and bonds, according to the proscribed forma, for the following prices, to-vies IT ER NO• RMMM (Price written in words) 11 Furnishing and Installing a vat air oxidation type sludge processing syst.mo oomplste with all piping and electrical connections, as speoified herein, the Lump Sum of Tim u^ r Forty Tito Thouggnd Four Hundred and No1100 ---------------Dollsrs UL' _.600.00 4 v: The undersigned agrees to commence work within ten (10) days after written notice to commence work, and to substantially completa the work on which ha has bid in M coniecutlve calendar days. The undersigned acknowledges receipt of the following addenda: Addendum No. I Within ten (10) days after formal acceptance of this Proposal by an award of contract, the undersigned will execute the Contract Agreement, and will furnish approved surety bonds and such other bonds as required by the Contract Docu- ments for the faithful performance of the Contract. In the event the Contract Agreement and bonds are not executed within the time above set forth# the at- tached bid security in the amount of 5% of the Bid is to become the property of the Owner as liquidat4d demsges for the delay and additional work caused thereby. Respectfully submitted, I DIVISION OF LTESJ& DR INC. a o Vice President 4 'itle 90 Park Avenue New York. N. Y. 10016 Address (SEAL) It Bidder is a Corporati,in NOTES Do not detach bid forms from other papers. Fill in with ink and submit complete with attached papers. 4a k, SPECIAL CONDITIONS 1. WORK TO BE DONE: The work to be done under these Documents comprises the design of the process and the furnishing of all materials, labor, tools, equip- ment, and appliances necessary for the construction and completion of s vet air oxidation type sludge processing system for the City of Denton, Texas Sewage Treatment Plant. The work includes furnishing and installing of all equipment, pipe, valves, fittings, electrical wiring, finish painting, and all other appurtenances required to accomplish the results required by these Specifications. 2. HALALS FURNISHED BY OWNER: The building in which the Sludge Processing System is to be installed, including all necessary piping, utilities, and elec- trical service to and from the building, and including structural foundations for the equipment, will be constructed by the Owner under a separate contract. The Owner will furnish LQ other materials or services under this contract. 3. ADEQUACY OF DESIGN: As bidders are submitting proposals on a treatment process of their own design, Paragraph 3.03 of the General Conditions of Agreement will not be applicable to this Contract. The Contractor shall be responsible for the adequacy of the design. 4. PUBLIC LAW 660s This project will be financed in part by a Federal Grant for Sewage Treatment Works, Public Law 660. Federal specifications and con- tract requirements applicable to this contract are included immediately tot- loving these Special Conditions. Attention is specifically directed to the signed statement concerning previous work done under these requirements which must be included with the initial bid. S. WAGE RATES: Wage rate schedules which follow include wage rates for "Building Construction" and "Heavy Construction". The "Building" schedule must be applied to all building construction, and the "Heavy" schedule may i, be applied to all other work. "Building Construction" as used here involves structures wiLh iv.bitable areas in viJch people customarily work or carry on their lnssiness, it is the responsibility of the Contractor to use the proper classi- fications and rates in accordance with the practica in the area. It also shall be the responsibility of the Contractor to make the determination be- tween "Building Construction" and "Heavy Construction". When a question arises as to whether or not the schedule used complies with practice in the area, it will be the responsibility of the Contractor to furnish proof that his actions conform to area practice. A copy of the wage rate schedule contained herein must be posted and kept posted in a conspicuous place on the site of the project at all times during construction. Copies of the wage _ate schedule will be furnished by the Owner, but the responsibility for posting and keeping posted rests upon 1 the Contractor. t k ,t, 6. SAL_LES_ TAXES: The Owner qualifies as an exempt agency pursuant to the pro- visions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act, and is not subject to any State or City sales taxes. The Contractor performing this contract may purchase, rent or lease all materials, supplies, equipment used or consumed In the performance of this contract by Issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate complying with State Comptroller's ruling #95-0.07. Any such exemption certificate issued by the Contractor in lieu of the tax shall be subject to the provisions of the State Comptroller's ruling #95-0.09 as amended to be effective October 2, 1968. 7. COST BREAKDOWN: Within 30 days after the execution of the Contract and not less than 15 days prior to the first monthly estimate, the Con- tractor shall submit to the Engineer a cost breakdown of the work under his Contract. This breakdown is for use by the Engineer In preparing the monthly estimates and for the Owner's use in cost accounting. Breakdown shall be in detall, accurate, and shall properly reflect the coat of all work as Included in the bid prices. 8. PROGRESS SCH&DULESs Within 15 days after receipt of notice to proceed the contractor shall prepare and submit to the Engineer for approval six copies of a practicable progress schedule. The sr'tedule shall show the order in which the contractor proposes to carry on the work, the date on which he will start the several major activities (including procurement of materials, plants, and equipment) and the contemplated dates for completing the same. The schedule shall be in the form of a progress chart of suitable scale to indicate graphically the percentage of work scheduled for completion at any time. As the pork progresses the contractor shall enter on the chart the actual progress at the and of each partial payment period or at such Intervals as directed by the Engineer. The contractor shall also revise the schedule to reflect any adjustments in contract time approved by the Engineer. Three copies of the updated schedule shall be delivered at such intervals as directed by the Engineer. 9. PATENT INDEMNIFICATION: Paragraph 3.13, "Protection Against Royalties ' or Patented Inventions", in the General Conditions of Agreement, shalt not apply to this Contract and the following paragraphs shall be substituted therefor: If any suit, action or proceeding is brought against the Owner by any person, firm or corporation upon the allegation or claim that the process or any machinery furnished under this Contract is an infringement of any patent right of ruch claimant, the Contractor shall at his own expense, defend such suit or autlon and in the event that any judgement is rendered against the Owner for damages In such suit or action from which no appeal is taken, the Contractor ahs1l, indemnify and save harmless the Owner for such judgement. The Contractor shall have the right to enter the plant to modify the process or machinery at his own expense for the purpose of curing any alleged 9 Infringement provided that such modification does not decrease the efficiency or utility of the plant; or, alternately he shall have the right to eliminate the alleged infringement by procuring for the Owner the right to use such pro- cesas machinery and equipment. This requirement shall be subject to the condition that it shall apply only to the process or equipment installed and operated under this contract and in accordance with these Specifications; and that it shall not be extended to any claims of infringement involving process or equipment either upstream or downstream of the inlet and outlet to the Contractor's work. If any such claim is made or such suit is brought against the Owner, as promptly as the fact that such claim is made or that suit has been brought reaches his knowledge, he will notify the Contractor. The Contractor shall have full charge of the conduct and disposition of such claim at his own ex- pinse. END OF SPECIAL CONDITIONS . d h -(Rev. 3.17-67) SPECIFICATIONS AND CONTRACT REQUIREMENTS FOR WORK ELIGIBLE FOR FEDERAL PARTICIPATION FEDERAL WATER POLLUTION CONTROL ACT (Public Law 660, as amended) 1. GENERAL These requirements apply to all work for which federal funds ad- ministered under Public Law 660, as amended, are used as any part of the payment for such work. In the event of conflict with other re- quirements of the specifications or contract, the following atipuls- tione must be complied with but will be considered as minimum requirements. Any supplemental conditions, extensions or expansions of these requirements in other sections of the specifications are to 6e,con- strued as a part of these requirements, 2. SUPPLEMENTAL INSTRUCTIONS FO BIDDERS - 1 Mt$C1ttMINATION IN Cootrk'ita for work under thin'proposal Q'ill obligate the cons tractors and subcontractors to comply with Executive Order No. 11246 pertaining to nondiscrimination in employment, BIDDERS ?RUST SUBMIT WITH THEIR INITIAL DID A SIGNED STATEMENT AS TO WUYt1! '199 PA* PRS'SitOtT LY PZAF1O#Ol81) W qPX SUPM TO THE PRES IDENT O S akift OA1bft `1io,`' 11265 OR'ANY hkiDiM srALAR EXEcuttv'E onto ' (No. 10925 and No, 11114), 3. SPECIFICATIONS FOR THE STORK Aft work ii4uired by the contract shall be performed iii accordance with the plus and specifications including alterations thorlto as, approved by the Commissioner of the Federal Water Pollution Control Administration. 4, SAFETY STANDARDS AND ACCIDENT PREVENTION With respect to all work perfozmed under this contract the con-6 tractofr shall: , a.` comply with the safety standards provisions of applicable laws, building and construction codes and the "Manual of'Accidegt Prevention in Construction" published by the Associated General Contractors'df America." b. Exercise every pre.aution at all times for the preventio'a of accidents and- the protection of persona (including epployees) and property. , ' e Maltt"~!a 1h at hS, office. or other, vel.I known placs at. tijr,~ob site,';tj;~~l es pteossnrp, for giving'fiY'st aid to the injured, and ' shall mski litindinj'artanagemahte t6f the immediate removal td,; ,r hospital or a doctor's care of persons (including employers) who may G be injured on the job site,, In no,cass, ebell employees be per+altted to work at a job site bo(gTo the employer,has 3pade,a standing arr+nge. ment for removal of injured persons to a hospitr!. or a doctor's care. I d, lie engineer shall have the right to require the contractor to modify his methods and/or equipment, if such, in the opinion of the engineer constitutes a safety hazard to property, personnel or public safety4 5. FEDERAL. STATE AND LOCAL LAWS 'Ana contractor shall conform to all ap?llcable federal, state and, local laws and'the rules and regulations of all authorities having jurisdiction over the construction of the project. No statement or requirement in tg ge,specificatioos,pholl be coostrued,to 0rogate.any ap?licebie iedera4, state. or,iocel laEsch, ad every p;gvisioa., .aw anif clause required 8y law to he, 1nseFt,ed.1n this.cogtral ska be deemed to be inserted herein and the contract shall be read and enforced as thqugb, it wore included t Qratq, aQ If ,th;quI4 .*Lst4 1. ~q i, or ot%eririse any-such provision is not insert2ll-or s not sorwttz inserted, then upon application of either party the contract ,half-- forthwit b r,phlrfisIlly aq+endeO to agakv ra4~h ioser.tiJn 0,~ ~wCrectl~j~• 6. X$ kT t6N ,.,The cgntract~aF-,Il all, RRrovide Sow Aac~~itiua, }for ~i&44 accoil,to sll x . un~~r tl~e .c a acf ~+}~er.evar tc ire i'a pre arat i ,Q; p;ogres; to repi~~etiYglotye'edergl Wa'tern,'Yo1l~pfon.c~Ont;gli~iiatrat~°q and the late, r4' I:rt7A" `,"'i 1. INC:.U510N IN SUBCONTRACTS Ftp Con iaftor hall include all applicable ptovision~a of thin r.,+ t i'YTi f, i',' Fl. '.1,t'' ~f.J i section of t e pee cat 4ns in oil subcontrac a for: Oak ti is '#r-s~ formed Ulder ffi a con r'ac ' ~ t" ! ; ! ~ X11 •i{1 V' U r, C~!^'. 8. TRADE NAMES AND MATERIALS Where materials or equipment ere specified br a trade or tiren= name, it Is nQt the int~gt,ion of the owner to discrin,in~te; a an equal product of snottier manufacturer', bui` rather to sek A d,e•fi Ice~~, standard of quality or performance, and to establish an equal basis, for the evslustlo of bids. Where the words.'1equLyalent ''"n o r 11111 t ,i . r, r( rye! •,`-T1 0a of "equ f 61 ' re used}} eiy A#11 be u~ideratcod to mein the t thin a.rAj e `ridd 6`9.), 4l"b0 ptooetill, the a, ' va~lxent ' A teV! r etsa y~~~, e 6 re i o e other thin; ' W-,t~4 Bpinfo'd' o'r jadgmeiil~ o~ui the ei~gige; ~7y al e Q~ gar'? wise specified, all materials dhall be the best of-i~e.r respect ve kinds and shall be An all cases fully ec~u4a1 to approved N8t- wihatA ei i ;tabt 'We tda , eY, e4usl7 to or of e~tI suh7l ptr fstQn „s may be ae'd irk t~e'e'et'ffic~tio s h co~hectfbh win 84 ma eria marufactuted article or process, the material, article, or process, apeclfical~y lest tad shp 11 , be wedgy, unl p, a s p#tf~tutp~pt}flr be apprb.~+fltiehgi"}tee1',r and cftl engifiecr s~a1ls~yejie rigt. toy uie M;elts-~slolf 9Uc 4e¢ic1X7 desl~aa?ed, article ai ioc`Ess, F.m ,,,r -2 M1 No material which has been used by the contractor for any tem- porary purpose whatever is to be incorporated in the permanent structure without written consent of the engineer. 9. BONDS AND INSURANCE General The contractor shall obtain, maintain during the life of the project, and provide copies to the owner of the following bonds and insurance policies which shall be obtained from surety and insurance companies licensed to do business in the state or states in which the project is located in the amounts and for the purposes stated and subject to the primer's approval. Bonds shall be obtained, and approved by the owner, prior to the execution of the formal contract. Insurance policies shall be obtained and approved by owner prior to the commencement of the work. Copies of evidence of renewal of bonds and insurance policies shall be obtained and furnished to the owner prior to the expiration date of such bonds and insurance policies when these bonds and insurance policies are written for periods shorter than the life of the project. a. Performance and Payment Bond Performance and Payment Bond at not less than 100%-of the contract-price for taitbful performance of the contract and payment of all lpbir and materials furnished in boanection with the cobtraet• or, whero such single bond is not in compliance-with state and/or' local requirements, separate payment and performance bonds, each not less than 50% of: the contract price for the same purposes:: 'i-.; b. gSrkMR1s; Compensstion and Mloy_e_r's Liability. Iasurance Workmen's Compensation and Employerls~Liability Ansurance in~ the amrount+attd terms requirediby applicable statute for all ea#loyess engaged in work on the project under this contract, and in case of any such work sublet, the contractor shall require the subcontractor similarly, to, provide Workmen's Compensation Insurance for all the;. :r; latter's employees,to be engaged-in such work unless such.eaployees are covered by the protection afforded by the contractor's Workmen's Compensation Insurance. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the workmen's compensation statute, the contractor shall pro- vide and shall cause each subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. C. Public Liability and Property Damage The contractors Public Liability Insurance shall be in an amount not less than $100,000 for injuries, including accidental death, co any one person, and subject to the same limit for each person, in • an amount rot less than $300,000 on account of one accident, and con- tractor's Property Damage Insurance in an amount not less than $50,000. d. Builder's Risk Insurance. (Fire and Extended Coverage) (NOTE: In case these specifications also include the "General Conditions", of the Community Facilities Administration, their requirement for Builder's Risk Insurance will take precadence over this item.) -3- Until the project is completed and is accepted by the owner, the contractor is required to maintain Builder's Risk Insurance (fire and extended coverage) adequate to fully cover the insurable portion of the project or the benefit of the owner, the prime contractor, and subcontractors as their interest may appear. e. Insurance Certificates The contractor shall furnish the owner with a certificate showing the type, amount, class of operations covered, effective dates and dates of expiration of policies. 10. COMPLETION DATB If not stated elsewhere in these specifications the contractor shall complete work under this contract within * (working) * (Calendar) days. Time for completion shall begin on the 10th day after the issuance of the work order, which shall consist of a written request by the engineer for the contractor to proceed with the construction of the project. It. LABOR STANDARDS a. •The•labor standards a>ntract provisions contained on the followiag,pages sad the wge dotermination,whtch implanents the re-, quiremeAtsiof the r ederal water Pollution'Control Act shall be coeaplied with in she psrformance~of, all work under this contract., b. Notwithstanding any other-statement or information'in these', specifications to the contrary, the contractor will comply with and re- quire all subcontractors to'comply with the, schedule. of wage ratep con- tained:in a,current~waga determination decision of the Secretary of labor which.ls made a part of~theie apecifications. If a eurrent)wage determination applicable-to this contract does not exist at the time of the contract award, the contractors and subcontractors must comply with a valid wsga,determination -decision when issued by the Secretary:of Labor. The rates contained therein shall apply retroactively throughout the'lift " of the contract. 7 it r , * Cross out word not applicabl!. If the appropriate word is not crossed out,, .then working days will be considered applicable. ' -4. 2. Certification of Nonsearejtated Facilities (Applicable to federally assisted construction contracts and related subcontracts exceeding $10,000 which are not exempt from the Equal Opportunity clause.) The federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted con- struction contractor certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, unt`;r his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting :coma, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or enter- tainment areas, transportation, and housing facilities provided for employees •b ich are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The federally assisted construction contractor agrees that (except where he has obtained identical certifi- cations from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed SUBCONTRACTORS rp for to the avard of subcontracts exceeding 10 000 which are not exempt from the provisions of the Equal Opportunity clause and that he will retain such certifications in his files. -S- LABOR STANDARDS 1rwuAlsr, ItIN Coatnct Ptsvlaiess (t) Mintirsan waifs. W All mechanica and taborere rest$ thereafter for ail Iabsrees and mechanics working 1T employed a wobft.upon the site of the work will be paid the fits of the wort. such records will contain the same wncosdltionailr pad not loss one.:han once a week, slid and address of each such empleree, cis easel without subsequent deduction or rebate on any account cisaakticetiea, rates of par (ldcluding Milos of (sae p such payroll deductions as are permitted by contrebulloris or coals wltcipsted of the types described Is- all ssa Isatrad by Ike Secretary of Labor addle tits In shHao t it) (2) of the Davis-Bevan Art). daily Copeland Act (29 CPR Part J), the full amounts,lue at itme and weakly number at boom worked, deducilono made and of payment computed at matte rates not less than tosa actual rage, 0114. Whenever the Secretary of Labor was eon(eltted In the wage doterfamolion declsloa or the found fall provided lair by (I i (Iv) hereof) that the warn secretary of Label which is attached hereto and etude a par of any laborer at maArsnk Ineluda the amount of any hereof, reprdlesa 4alhy coalroclssl relationship,fhich may lode renensbfy aHkipeted Let provt4tab beaetits under Its alleged la • list between the contractor and a9ch laborers If plan Or p►ogreM 410110144 In tactics 1 (b) (2) (B) of the and meclosakry and the wage delermlaptios decislhn shall Devif-Bacoo Act, the eomtratlor swell raaalstata reeoeds be posted by t r, caatrlttor at the site of the war$ In a wweew allow that the cMAItMnt to provide sect' powlneal puce wAsrr At con be easily aeon by the workers, benefits lip enfoteeablo, that the plan ar peal M It For )he purpose of two clousr. cootrlbu110111 floods or 40216 financially responsible, and that two pia" or program ties rnsooably anlscipalsd under section 1(0)(1) at the Davis. been eemesr ICIIted In writing to the laborers or Baran Act rd looks it of feboreri w mechanics are cansdeted mtcbsstco affected, will records which *tic* the costs wsgos pal . to such leborrrw or mtchonico. subject to the anlteipattrd Of tune actual Cost Incurred In provlding seem povWoflt of (IX6v) hereof. Also tot the purpose of this benefits. clause, •rrgular contributions made or coats incurred for more (It) TO eontfoetor w111 submit weekly, • copy of all than a weekly pert.A solder plans, funds. or programs, but payrolls le fore applicant, sponsor, at .whet, os the cad 7avertng tbeparticuta weekly prtiod, are deemed to be may be. 11th COPY shell be accompanied by a statement constructively male or incurred during sock weekly period, signed by the employer or his agent indicating that the (it) The coetremttag officer shall require that any class payrolls are comets sold complete, that rho wage raise of taborvro of match optics which 4A not listed in the wells contained Melelfl are not fast than those dvtereNnedf/t deleemtlntlom and w%irh to to br rmplnyad under the lore Secretary of Labor a44 that the eNssltlcsl)oets apt contract, shall be classified or reclassified vomformsbly to forth for ODA tsbnrre et mocwealc coot" wide Mt wort the wage dtlatmlgatloo..ad a report of the scuoa lot-on 140 performed. A owbnffsslon of a r'/nhly satom eat swats a neat by Leta Federal money to the seaetsty of of Compliance" Match is required tinder Mss contract Labor. 1n cwt event the interested panics cannot apes on and the Capelsfd twellona of the secretary of Leber the paper claarjficslion or tr:faniGNllon of a particular 120 CFR, Part i) and the riling witty the initial payroll se clssa of lobaers and mtchistice to bit used, the quentfoa any oubsequenl payroll of a rapt' of any fin4hnge by the aecamp80e4 by the recorfueerdation of the contracting Serretory of Labor pursuant to (1) (IV) ttereet small offW" shell be referred to the Secretary of Labor for final satisfy this nqulremenl. TM pima eta lmelor shall be dolenniootioa, rrsponflble for the oubmisaton of copies of payeatls of fife) The euolractlng affirm shalt require whemrvrr thr ■lt subcoatrsefore. Tie a whtrgctor w111 make the records mfmimumwsga rate peacrrhrd in the rnntraci for • clss% of required under the [abet itsMsrds eiguses of the eonMef laborers or mechanics lncluder• • fringe benefit which 1• n,n orailmhit fair inspaetloa be outhdNltd MprtsemtirtMa ni Depressed as as hourly wage rate a^d the rmilfmCtof is The Federal Water PolliMiem Comtrel AdesiAlalretiod and obligsted le pay a co th equivalent of such a irmee henct 1. the Depemnent of Labor, and frill permit such an bowly cash equivalent theip-of to be ratshtr0rd. in the rrpresanlolives to IsieMew employees daring waking event the Intertslad parties cannot aerrr upon a cash hours an the fob, equivalent :of Ilan fringe benefit, the qurotenn, accompanied (4) Apprentices. Appentites will be permitted le work as by the recommendation or the control long ofhc,•r, ahtll be such only when they ate rtslstanf, individually, under a referred to the secretary of Labor far ir termination. bona fide apprenllCntilp pdilesn feglatered with a state fivl if the conMNnr does not move payments to a opprentleeship agency which is r►eogalsed by the Bureau of trustee or other third pt•raon, he may c -,wsider as put of She Apprenticeship sad Tralslsg, United States Depertmfpl of wages of any taborer or mechanic the amount <of any costs Lsboti at, If lie suck reeognifed starter allots in a flat!, rremonabiv anticipalyd in providing benefits under • plan under a program rtgtstettel wllh the Duteau of Apprenticeship or propem of • type eopresaly listed in the yrfge detertnl' end Traleleig, Velted Stella Department of Labor. 'ewe notion decision of the SecrellfY of Labor which it a part Of allowable ratio of appMtices to lourneyren In any craft this contract: ►rarrded, man+r.er,'Rie. Secretory of Labor clars111catlon shall not br peeler then the ratio permitted to has found, upon the written request of the conv►cior. that the contractor as to w(t entire wort force under two reglstrttd the applicable ►tandards ref the Daris•flocon AtI hmvp been program. Any employe listed on A payroll of on apprentice met. The Secretary of Labor may req'aire the t nntnctor In wage felt, w%e to flat registered as above, shall be gold the eel golds In a srparete account atsets for the inretl"$ of wage rate defermined by tune Secrrtary of Laher fnr the obligations under the plan of re-aratf• clasaineatina of work wa actually performed. The contractor (2) woh"I'llmd or subconfroetat will be requlrvd to funlJO to the eontrattinif The Federal Water Pollution Control Admhnatnl1nn may nfflcer written evidence of the ndtilrafion of his program withhold nr cause to be withheld from Ihr contractor an and apprehfices as well loo of the appropriate folios and much of Ihr accrued payments or advice. os » may he wage Petro, for fore Area of construcfion prior In Long any Considered nrceesarv to par fahnn•rf slid mrehanirm appfenlicer on the 29ntrati whet. employed by the r„ntraetnr no, any hubcunnactnt on t? r work, (S) Cenrpftanee with CnrrlonrfRre}nfnNnn. (20CPl?Part the full amount of wages rrqutred by th.• r,Mn, f, In thr .1). The contractor shall enmply with The Cnpehand Regulf. event of failure in pay any Ishnref of m„ hanic rmployed Of lions 129 CFR Part 33 61 die Secretary at Labor which art working on the site of the work std of Park Of The wogs herein Incorporated by fefetMer.' required by she contract, the Fcdtra' Water Pollution (6) sukerifracit. The contrulor, tom IatM In say Control Administration may, alter whiten notirr to thr subcontracts clause% (1) through (9) and (y) hereof and such eonlraetor, sponsor, aprhcatlt, all owner, late such action Other clauses as Of Pedefol Wolff POM11611 Control loo may M. necessary in cause Ihr susrtnvinn lit any Administraion may by spprnpnale inetrutti,,nt :equln, and further payment, odvancv, of guaut tee of funds until *ten a clause requiring the eubconfrectaA to include Bleu auch violollons have crated, clauses in say index III* subcontracts Mich they Moirettlef (7) payrofbt and be-le mconh. (ef Payroll* end basic Into, logrtAtt witty a clause tlqulring title insertion to am records reloling thereto +itt be maintained during the further subcoloirects ttiot may N torn be made. course of [he week and preserved for a period of three a ( 71 C warner (cn insfIon; deban"ohl A breach of #Amew %0 Order C*M No, ert of comply 1 provisions of (t) through (6) a sy be grounds for termlination of the Evocative Dleather 24, , and of contract, end for debaraleal as provided in Regulations of the rules, regulations, se+d relevant ardor of the Secrerirr the Secretary of Labor at 79 C►R S.6 of Labor. ib) Overdrew rpu/ranwanfa, no cootncter or subcontractor ' "a coattact" *411 tlrintA all INMmaIIM and ets conlrertins for any PM of the contract work which may regained by tsrruily► Order Its. 11746 of septtabee Td, JUS. require of involve the emplorMNat of leborots or mechaoits and by Me Pulse, regulations, still Orden of the Secretary of shall squire or permit any laborer at mechseic in any work- Lobos, or pureuani thereto, and will transit access in his week in which he (4 employed as, such work to work in books, records, and accounts by Me contracting agency end faces of Nett bourn 11% any calendar day or M excess of the Secretary of Labor for putpotas of Investigation to forty hours in suck workweek unleas such laborer or sacertaln compliance with such lutes, regulations. and orders. tnerhanlc receives compensation at a tots not lass than ono 1(6) to the event d the coNneter's noncompliance vifrh end one-halt times his ►auc rote of per for all bows worked the swwiocrlmInettan cleanse Of Mte Contra" M with Mr of in eaceea of eight bows in Say calendar der or is earns of such rules, regulations, or seders. this ronlsrl map be forty hours on such workweek, as the came nay be. Conceited, terminated M suspended on wkele or In part and (9) Yrofarim; habllity, for lnpafd wilder, hquidefed the rmtrartof may be doctored Ineligible For further Govern. damesex. In the event of gap violation 9( the clause set mint contracts In accordance with pocodwns outhomaN to forth in paragraph (S), the contractor and any subc9nttactot Smoewlve Order No. 11746 of September 74, 1911%, and sack responsible therefor shall be liable to any offecled other unctions may he Imposed and remsdtse involved so employee rum his Yrtpald wages. In addition, such contractor provided In Esreutlve Order No. 11246 of Septomber 74, 1964. and subcontractor shall be liable to the United Sralce (nn the or by rule, regulation, at ardor of the Secretary of Labor, or case of work does under contract for the District of Columbia as otherwise ptavided by law. or a territory, to such district or such lerritory), lot "(7) The coalrertor will Include the previslame of Pata• liquidated damoges, such liquidated damages shall be stapha (1► through (7) in every subcontract err purchase ardrt computed with respect to each individual laborer u mechanic untesa exampled by rules. Previsional, or odes of ante employed in violation el that rises$ aN forth In paragraph Secretary of Labor issued pursuant in Sertlon 704 of (b), in the own of M (at each calendar do; as wl k" such fxocutive Order No, 11246 of Septewhsr 14, 1065, on that employee was sque"d or potalited to wank as a■Cass of Such orevfsiona will be hlnditto OINK each subcnntrsNlor or eight hours of in tsceq at the sieadald workweek of forty vendor. The cont arbor will take such action with reapaf le hours without payweat of the ov►vtime asses requited by any subcontract of pwchase ardor as the Contracting agency The clause set forth is parsstaph (a), may direct all a means of onfo ctst suet provisions including (lrt) Wi0ftldindo for anpaid wades and liquidated danateem• uncliame for nosemnptlance: /'pause, karever. That la IAa TWO Federal Waite Pollution Coatrot AdmlMalralton now :veal 1144 contractor becomes involved in, or is thraafsoed withhold me cases to be withheld, !rose any woorrs payable on with, Ittlsslion wlth a subr„nfracloe M venAo► oil a retail at account of warb performed by the car.arocior or tubcomfador, such direction by the Contracting ag►acy, tan contractor ate, much swam so Ave adnjeoetratively bit daterwitned to lee rrqueu the United states to enter info suck fittsetlfm to necessary to satisfy any liabilities of sock eontratt t or protect the interests of the U,iftod Stated, subcmirsctar lot anpald waste and liquidated damages as provided to the clause set (erth in peras"ph (9). (11) subca t(sclt. The Contractor shad insert in BAN sells- Contracts there cl isass set forth M psrasraphs (8), (9),.and (10) hereof end afro • CiWsa raqulmng the aubcorikaclaf to - include these clsuga in ear lower aler subconlrocle which they stay onto, iota, ago**, with a c (gust rtQuklna dtts inesrtlan if, say further mvbeonfrocts that city In tun .rt made, NO;IDiSCRh11NATION PROVISIONS TO It INCLUDED IN FEDQRALLY ASSISTED CONSTRUCTION CONTRACTS "[luring lee PedorwMee of this eontrect, Ole cmtroclor agrees as follaaso "(1) The coatrAI will not discrlralaate against may employer of applicant for employment because of race. creed, cola, or aathMst oM410. The conlrector will take a(firmsllve action to task" that applicants are enplayed, and that employees we treated twins ewptayment. wtrhout reward to their note, creed, cola, or setianal crisis. S•xh action shall incladn, but not be limited to the fottowiel. employment, apgrgrinl, damolaa. Of t9antfer; recruitment or frcru+tmerlt advertising; ttyalf or tnmlaslion; sees of trey or ilher forms of Compensation; and selection for training. inclurling opprMtlcesklp. The contractor agrees to poll it consplcuou- Plates, available to employees and applicants 6remplooavant. notices to be provided by the contracting officer selling lath the provisions of this ro n4lt rlmteetion Clouse. "(7) T7s contractor will, to sit saticitationn or advertise, mono for sa+pleyame placed by wt on behalf of tit* contractor, stale thsl•all owUfled spplicants will receive consideration fan employment without regard to toes, creed, rotor, of national amain. "(b) The contractor will send N each labor union at Papeeentotive of workers with si4icb he has a collective bargaining apetmooli or other contract or understanding, It notice, to be provided by il,e ageac~ contracting officer, advising the labor union or worker reprosMiative of the contractor,@ commitments under section 707 of Esecutivs Order go. 11746 of September 74,1963, and shall pool copies of the notice is conspicuous Pisces available to emptoyoeil and applicants for employment. JAOUesY, loop 80 is IT-ii) U.S. DEPARTMENT OF LABOR OFFICE OF THE SECRETARY W A S I4I NGTON DECISION OF THE SECRETARY This ease Is before the Department of Labor pursuant to a request for a wage prede- termination as required by law applicable to the work described. A study has been made of wage conditions in the locality and based on information available to the Department of Labor the wage rates and fringe payments listed are hereby determined by the Secretary of labor as prevailing for the described classes of labor In accordance with applicable law. This wage determination decision and any modifications thereof during the period prior to the stated expiration date shall be made a part of every contract for performance of the described work as provided by applicable law and regulations of the Secretary of Labor, and the wage rates and fringe payments contained in this detisiun, Including modifications, shall be the minimums to be paid under any such contract by contractors and subcontractors on the work. The contracting officer shall require that any class of laborers and mechanics which is not listed In the wage determination and which Is to be employed under the contract, shall be classified or reclassified conformably to the wage determination, and a report of the action taken shall be sent by the Federal agency to the Secretary of Labor. In the event the inter. ested parties cannot agree on the proper classification or rcclassideation of a particular class of laborers and mechanics to be used, the question accompanied by the recommendation of the contracting officer shall be referred to the Secretary for determination. Before using apprentices on the job the contractor shall present to the contracting officer written evidence of registration of such employees in ■ program of a State apprenticeship and training agency approved and recognized by the U.S. Bureau of Apprenticeship and Training. In the absence of such a State agency, the contractor shall submit evidence of approval and registration by the U.S. Bureau of Apprenticeship and Training. The contractor shall submit to the contracting officer written evidence of the estab- lished apprentice-journeyman ratios and wage rates in the project area, which will be the basis for establishing such ratios and rates for the project under the applicable contract provisions. Fringe payments include medical and hospital care, compensation for injuries or illness resulting from occupational activity, unemployment benefits, life insurance, disability and sickness insurance, accident insurance (all designattd as health and welfare 1, pensions, vacs- Mon and holiday pay, apprenticeship or other similar programs and other bona fide fringe benefits. By direction of the Secretary of Labor, V 0W0X L.r. .Solleifor of tailor. Attachment 05 FRINGE BF.NF.FITS PAYMENTS (Excerpts from Federal Register of 9-30-64 revising Title 29r labor Regulations) 5,110 Tepee of wage determinarrons, include fringe benefits for various classes regular or ba.11c straight-time rate ts (s) when fringe benefits are prevail- of laborers sand mechanics whenever such computed on his earnings before any de- W for various clams of laborers and benefits do not prevail in the area of ductio^s are made for the employee's filfthanlu In the area of proposed can. pfd construction. When this oc- contributions to fringe benefits. The 3ituetlon, such benefits are Includable in airs the wogs determination will contain contractor's conlribuUons or costa for t)y Davis-Bacon wage determination. only the besto hourly rates of pay, that Is fringe benefits may be excluded in com- II1(tetraUone, ountained in paragraph only the cash wages which are prevailing put Ing such rate so long as the exclusions I 1 Ot tbll section, demOnstrAts some for the various classes of laborers And do not reduce the relutar or basic tM different types of wale deknatna- mechanic. An illustration of this altu. rate below the basic hourly rate con- y whkh tna7 bt madt In gkla cam, scion is contained in paragraph (c) of Mned In the wage determination. (b) Wage determinations of the Bec- this section. fb) The leeWoUve report notes that ffWy of Labor under the act do not fe) IllutstrAUons: the phrase "contributions lrrevotsbiy made by a contractor or subcontractor r misso brberr payn see to a trustee or to a third person pursuant hole to a fund, plan, or program was Added caps. =7 Heehh sae r'a Wee to the bill in Ccmmlttee. This language w.uav. radewed vara(uow e(oraMa ortws In essence conforms to the overtime pro- crWLM visions of section 7(d) (4) of the pair La- _ bor Standards Act. as Amended. 'Mein. Y s tent of the comm3tee wise to prevent any arw»............................ i i a avoidance of overtime nom requirements un- » . . : of . {i ......a. der exlsUng law. an H. Rep. No. 701. - so of P. 5. c .10 _ (o) (1) The Act permits a eon4setor or subcontractor to pay it cash equivalent f~(p Meant y aeted tab aetrd b ad snwrQy . ti the nut fors to wblr6 JAMMIstllew *III Insw; A is rr of any fringe benefits found prevailing iWekaeatr by the Secretary, of Labor. Bach a cash 1 S.51 Neatly we" dateesai.,atf o• fringe benefits, he would meet his obtiga- equivalent would also be excludable in obudatlaa& tions for "minters" In the Illustration in computing the regular or basic rate under ar A contractor or subcontractor per - paragraph (c) of 16.70, by paying di• the yederal overtime laws mentioned In t t" or u a Daattw oo redly to the painters a strAlght time perserisph (a). pbr example. the W fo a) A wort demloAtfon may dlaobarge his hourly rate of not less than $4.76 (33.10 oonstruction contractor pays his laborers w~g n• 61tle tIon obligations for the pay- basic hourly rate plus 45 cents for fringe or mechanics 33.60 In cash under a wale a er wan s alght dmt wales And Mara benefits); or determination of the Secretary of Labor (4) As stated in paragraph (a) of this which requires a bask hourly rate of to by paying In cash. making Dal- section, the contractor or subcontractor $300 and a fringe benefit eontrlMu4Jor► on or lneurrfng costs for "bons tide" may discharge his minimum wage obN- 60 cen(s, The contractor pays the 60 e'Y+le beneDt• Of tM WM discussed. gotten to the payment of straight Unit ants in Cash because he made no pay. WA a combtnawn thtttof. wages and tinge benefits by a eomblas- menu and Ineurted ao cask for frhVo f ) A oontraCtor or wboonbsotor tlon of the methods 131nalrsted In sub- benefits. Overtime compenastlon In this slay discharge bit obligations for the paragraphs (1) to 13) of tt-1s paragraph. case would be computed on a regular or pouaet of the baale bogrly rates and Thus, his obligations for "painters" (and basic rate of $3.00 An hour. However. In fringe boneSSs wbere both an con- any of the other awes of laborers or acme cases a question of fact may be In a tags dctarminatton apPU- mechanic in the Iliwtration, incluO:,%t Presented In ascertain(nt whether or not to Ale laborers Or meebstda la tht Uw" for whom no fringe benefits welt A cash payment made, to laborers or (!lily DRytnf not leas than the baldo found to be Prevailing) may be met by an mechanies Is actually In lieu of a fringe AlYrbr raft to the laborers or maehbsdd hourly rate. Partly in_cash and partly M benefit or Is simply part of their straight by making the contributions for the which ntotat not lees than gringo 4 35 41113.1110 the time cascashh wage. payment In is the not excludable udableIn dg0 beatSts In the wage determine- bale hourly rate plus 45 ants for fringe ca alder overtime ation. Cto forth In su arh- ' Y thersin. !br benefits). The payments In such can sides the the examples met et forth In subpsr`- tht l altratlon n eor"wd In pars- may be $4.10 in cash and 25 cents in pay- graphs ( 9 ) and (1) of this paragraph. of 15.70, tM obulatlons for roents or cats In fringe benefits, Or, (9) The X n contractor tort" will bi met by tM paymna! they may be 13,76 In cash and 60 cents for been paying $3.25 An has PS lra & tlmt hourly rate of not leas In payments or costs for fringe benefits. some time been paying 33A6 an hour i11N► 312 and by eontrfbutlni not lap to a mechanic as his DASte cash wage at tM alt Of Of tg benefits, cents f0 an cehotsnts an for 13.37 Overime payments. plus 50 cents an hour As a contribution to a welfare and Pension plan. The Sec- Wt hgeld w for V~ 10 ~te cents (a) 'tree act excludes amounts paid by retary of Labor determines that a bask for vaatforu; or a contractor or subcontractor for fringe hourly rats of 33 an hour and a fringe ask benefits In the comPutatlOn of overtime benefit contribution of 50 etn#A are pre- (1) AO(1) By pins: to Paying tgA rat laboleesrers than of than the lna be& gander the Mr Labor Standards Act, the vailing. The basic hourly rate or rol- rate td "bobWng Contract Work Hours Standards Act, uldr rate for overtime purposes would be aiOM"bninge making a laborers or benefits to t fototalr r f and the Walsh-Hesky Public Contracts $3.96, the rate actually paid as a basic hinge Ael whenever the twertlme provisions of cash wage for the employee of X. Father nohott lead required thanthe by the total of costa the the (rings any of these statutes apply concurrently than the $3 rate determined as prevail- bon example. by the obligations for with the DAvls-W-ocon Act or Its related ins by the Secretary of Labor. Uon. i "Painters" In the Ghustrallon In pars- the letislauve history that in no f~ 1 Under the same prevailing carte graph (c) of 15.70 w111 be met by the can the regular or basle rata upon graph ? of rmination, this diaragrad in subpAt►- Payment of a straftht time hourly rats which premium pay for overtime is Cal- paragraph. the Y con- Of struct(on hall lets than $1.90 and by eontrlbu- cuulsted under the aforementioned feed- Ing ng $ an hour as contractor his who has been pay- hall of not lead than a total of 45 cents oral statutes be leas than the amount which been basic cash wale an hour for "bona fide" gringo benefits; determined by the Secretary of Labor as ~foa~ipensat on reduce* rethe caaah over. or the basic hourly rate fie. cash rate) to $3,75 an hour but computes his costs f7) By paying In cash directly to labor- under sectim 1(b)(1) of the Davla• otbeneAts under section l(b)(?)(S) M gas or mechanics for the bask hourly Bacon Act. Wee S. Rep. No. 503, p. 7.) 61 an hour. In this es3mpto the regular rate and by mating an additional cash Contributions by employees are not ox- or basic hourly rate would continue to payment In lieu of t.re required benefits. eluded from the regular or beele rate be 93 an hour, On S. Rep. No. i63, p• 7 lbr example, where an employer dead upon rhich overtime ts computed under fp jL Dos. b44e14( 1hre4 Sept 44 tilt; not make payments or Incur cotta for thane statutes; that to, an employee's SASa in l ' Mr~irOpr. NMrt. M What Ntlmlef M DtO~ftalae e! tAa Iit~tiOX,r,[Wl t/eafl0a as flame to VT N ON use mcw"om, fall Denton WK-Tel-171 _ / « ifat rowan n Usea Raton f«« morrrrrm Of Wam, reassess aaconsO Par Rxpenston of existing motivated sludge waste treatoent plant Including prtrag tlmtltlcatton, aeration, final settling sludge digestion end chlorination. F - hl.a, MMU h 11110114 00NS7Yt DCT1011 I Raw r.rr w. i Yr. w r'• _AMlw.«a,n Sil1l~ !IS ,173 ertw.alan 5.00 ~W-f--- -941 a2 C.w.A G4oan _ Faa.ln.. MwMaA «a «aOmaOw S~o21 _ IS .10 M MW trs..an ~ t.7~ _f12S _ ~ _ Slam n.daw Z ~ ♦1tS t,rrrr rww %W*'$W Moon _I~~s - Udem NOMr a sw Oman, boas .«Mn T , _ 118OW4. mM m %w 4tJan h...-.. - . hwar. s,d, .44...1._ - - --i-- _Itootare~ 6Jets ! tll0. gbmtnm . 4/.n f;4PN4t1Ma .4J1,lt~tpa _ ,dam, Mter~so0~.}.elf latRlMll/ saw M 'O we&" . ere s.« _r- J - - 2.20 -t--- 2.32 ~ _ b..p. a e. ;s tardy 1 2.43 1 eaac_~aa~r e. AO 4" . CAMM drokk finefrw = alwrn 4nran 0.wl►Aw4 . sa.r1J n.m,rf OOIrO . p4n . f w1.q a , . Rrasaa.. Y.. _ RWdwn r draaar, ~ . ~ W M/r ~H /1A IaYO H Jn i' w u. 1...11 r .5 s {1i` I j Wul-I (pace at 2) ,`alrj~~!!q'wl~ lass` ' NMI u It sal an Ills Await Leer 2015 Aathott amim 1015 1 ehl% Ptak ssalsoas 1425 /eleaaeere utter 2000 1"pAter 1.10 ~'1re rom r aiiam (Fowles) its lrWMMS rtataer Mlper (Ta►lae) 2.00 lahnrete noisher (/t"ha"n") son lhnee rlataher selper (serval.") less ft~ f( trostans) s~ PON .e Pen Leto (revive and curb) 2015 ren settee (rw1n4 w curb) 2115 Ron latter Belpr (Towles and Cash) 2600 I'm fetter (Itseep - 4) 1830 rsn seecar Oslpee (/tv"tane) 1000 ta►evtr, Care 1015 Lderer, utility Kea loss MrtOaloo uslldere /rid 5000 in"asae new s Oiler 1.00 Falmor (fereettra) 5000 relater saw (ltnetwos) 2000 Piam II oleferrw(cownts i clay) tofu rlplaru solpr (CetaTete 6 Clay) loss prdomm Mar ftelpaas Optrotenl 5000 Al"Olt mouth"" 10F0 Aorkelt Fowles Koalas Isis /e lbaar4 10 I.h w Lau 2.15 lellbaar# seer /011.!4 lots Certrete rwae Ttalehiss Washita 3000 Cauaeo ranee Tees ender son Casuals Mrte/ Jew mobile 1630 Ceetrate renee lAeelsolisal Plant lose Ceeneu Fowles Kim so00 trawo tlwroutlp seebbbose Omlet. eryllr. I•~ Novel (lea tha 1.1/2 C'T') less Crr, Csotetelt, saatu, owl ob, Oraellr, Ibwel (101/1 Co To ate one) 1800 Fula Lahr 1.50 mused." Drift Operow (Teat WomN1) $400 Foundation bill Operator Delpr 1010 Feat w Latear (1 Ce To w less) .1050 Pleat >r Leader (Over I to T4) 2016 Maw Oeater a water, rise tirade soul Weserprak aP*rain 2030 "ILIeo stool What (Plattosds rawtut.) low !allot. heel owes (Otter 2.1) lettert r"a"te. (sele,rrgello/) 2000 lorepers (1 Co T. w lose) 1850 Mraperv (Over 1 co T4) 1015 I , (pop 2 of 2) Caalml Cm "Stc racer 101 t t*K Operatenu U. u.: (Crawler typ) so r,t. a" loss $2.70 -wtcr (Crawler rm) Qwr s0 rot. Soso tr:.tor (lesumoste) 2000 Trawaliay Sleet (stabitttet/ca) loco Treeeainr "ablao. L14M 2.50 tatefwclwg Stool soum (fsrtso 1015 s-l.foreleg Steel $at%= (str+etw") 2.50 reinfarclwg Stool Moor sites 2400 stool gab" (tancterel) Soso Stool tlerters retprr (Stneaesl) 5125 s/rvlss amt mm 2000 snoI t 41S Snack wtewnr itsgis ARlew Ltsllt 1675 slegle Ae246 racy 2100 fasdw Awls or sasdtsailor 5.00 Witch 2425 teetdee 5.00 tbcldsr ustper 2167 rlaadtesa ♦.50 OdMfift ~ A [sa-fed ' 1 {ww1e f,Mp g...1ns f•r6zeerw N«.le Ar-.`.. reN6 may rwa.., V..M," AM U O~..w . Ofrrl70s 1 OlLlr a!1 tjpoa} 1).TS .20 fdgllt i~lll~.et op.ratenl air emprosoor (1I ptw (01 urottl. talrasl wagon &AUS elevators building law gr'sdsnl Wei, siagls drloj alas Is" tllaa 14 esbto reed aerwlag "let woulag sack. gas a diesel (2 or son) i 1 srwhiag pLstal fort lifts (dust. %oder ZS foot) l easents pops (all . , tfpeab bobcat type stidpwatl ford tractor or idle With s+. attaches/ • f , (""opt bacbboe) 4.225 .20 ti lboy xwdpuat Operate of lhrilltag sac►isas (a11 typaa)l scoopso- "I Wete, We drum er.oroj w1beb v tenet, rhea tied wounuooslf for 5 days alaorwobileS looosetives i loon, 14 , eubis feat or ovorj blade grader., eslf f , pntousdl esblswayaj croau • powr operated to 100 feed f0= tgpa i , . 6 beclboej darriise, parr operated (all w Vpes)I gradalli 1V-boll bop-tee pevlag, 64, slurs all typea)j pile driverel aobils eowrota aiiars, over It es. ft.l bull- Users, lades, tractovatsraj ocrepers r and pulls j volbn j tnnebieg asebiaes j roller, tan toss or over] air;aos- ' pressor, tkns j air cospraesor a ooa * pu*l pum, Uroe or moss; air com- penesor i sir taggarl boilers two or Vic.; inn fired by ass moil beavp duty ..schema ~.12f, .ZQ t 1P CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 15th _ day of April A.D.. 19 69 , by and between The City of Denton of the County of Denton and State of Texas, acting through I%Mavor , thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and ZIM 02 Division of Sterling_Drua. Inc. of the City of New York . County of New York and State of New York , Party of the Second Partg hereinafter termed CONTRACTOR. WITHESSETHt That for and in consideration of the payments and agree- ments hereinafter mentioned, to be made and performed by the Party of the First Part (OWNER)p and under the conditions expressed in the bonds bearing even date herewith, tale said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as followst Sludge Processing System and all extra 'work in connection therewith, under the terms as stated in the General Conditions of the Agreement; and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools$ superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, In accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders 1 (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which Includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefor, as prepared by FREESE, NICHOLS AND ENDRESS, herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and the ENGINEER, all of which are made a part hereof and collectively evidence and constitute the entire Contract. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in a written notice to commence work and to substantially complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR 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 WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. ATTEST: CITY OF DENTON, TEXAS Party of t e Pirst Par , OWNER By APPS ED~ L. A. Nelson, Mayor Title BARTON ?TYAilORN&r (SEAL) ATTE s g 0 DIVISION OF STERLING DRUG, IM', P rty of the Second P t, CONTRACTOR y / Title th( t'5 (SEAL) 2 II PERFORMANCE BOND STATE OF TEXAS X COUNTY OF DEMON KNOW ALL MEN BY THESE PRESENTS: That Zimpro Division of Sterling Drug, Inc. , of the City of New York County of New York , and State of Nov York . as PRINCIPAL, and Federal Insurance Company as SURETY, authorized under the laws of the State of Texas Lo act as surety on bonds for principals, are held and firmly bound unto the City of Denton, Texas as OWNER, in the penal sum of Two Hundred Forty-two Thousand Four Hundred 6 00/bRIars 242,400.00 } 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 Principal has entered into a certain written contract with the OWNER, dated the _jUh day of Apr 11 , 19 6_, for the construction of Sludge Processing Svatgm which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if ` the said Principal shall faithfully perform said Contract and shall 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 and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void: otherwise to remain in full force and affect; PROVIDED, HOWEVER, that this bond is executed pursuant to the 3 9-1-66 68 jX&&jp,aa'& ujntq t, 11?-11Nt •aA 11'-1 Igvwk,~,?I!glkm nq it,".Wya 1t t+d..'/41 1-1 jwa' , tY\W'.IflUp NU I,t1', W' tv~dY a V to a/a~~~~ `A~~aM taxi .Mv 0~ ~c"v:•i'.c (•46.^rra1UJW' Tuft FYI lRtil'bj OtSt frifti: 9, That the FEDERA: 1°.; SUUNCE COMPANY, 90 ~othl~'~tA~i W-4*' Y6i*, New York, a New Jersey Corporatiorto Us conatitated a>pd eppodnted Wm&or LaFerge, Richard Q. PIK 144 p. Madigan, Jr., sad Qrarge deaellaa, Assistant Secretaries of this Qo'aipanyr end J. A. Brooke, III ~y appointed AtWmey4a-Fact of this Coplpagr,for the pur~osbs "IS" In thld Powst of Attorney, itiy t*o bt tlurrqq fo~¢tJy tp hs~p fall power to azacate ttAder such designations in its rants and to afrx its corporate seal tb,'i1! bb dellJNr for Ind on its behalf, as surety or *&rwLf ) bonds on bghfll od c"kactom In eoanecdco with bids, px9pos or'pdRttMetit and W fnstrUWA!!- 4i#njin t er alhvfhe the same, and consents to the modideation or alteration 4 any se i4tntimtes es Ime nolIn P1 bonds, pr .Idea that no bond executed under this authority shall ezeced in amount the ~R . t{RCf1 . , the said FEDERAL INSURANCE COMPANY' Ma.' pursuant to its ft-1<im% cave to be aimed by Its Vice Preetdsnt and Qegretesy &vA Its ewporste seal to;be ltowo Ist 14&,T of Dkim*W It ]~'.^'t6 L16rI Ail,, Il (.,-Ly l%jrE' •.IM j-, uK. .f F A: I..'al.'. _ _ . _ r,,.pEDKIi<A~>I1~~V~A1fC>!'tCid$PANY I aaa'ea~ ~;;vta II:+'~ Y17".I;:~ i )i l'•:c,e .'11.,.~,'~ Iay:i{~:, j..... v,. ; f.l"~`;•aa - S. 1'3'~?1:' I I 1 F :'L ~ JV q 1.1 I. 'i ~d l,r I'r I: 't ~'Ir.[rfo tr.~~'~L7 NSF ` frieerfck &''Gatdner -preeideat r~l.'. JIM, t.j I" 1'r' {I'•r•♦r, vim W D W• yEk'J Ef~g~ Rfabard D. O'Connor STATE OF NEW YORK 4"Want Sfovu rp Cotmty of New Y91k F~ ~ ss c r i r,t Qn tbie lilt dry of Dycewher 10 r fore aw rsonally esma Richard D. O'Connor otvri an y tr : knorgn to be Ais ~tsbt etAry of the ,D&4AL, INi3 RAI.Q'E COMPANY, the co~ry rkl o desdrlM d NhicA a of too M~j in of PIN I& 1W And tAt V1 I; Asstst e L tiiefo P AN 'A our tbA eorporail seal thereof; t the fqffisod 0 the fesrgpillg W of AtWne lu such corporate seal and was thereto dhed ~y su Of pI so Corepany ae flat he oiaid Power of'At AA Assistant Sebtetkriy~r of'eald r 11 shpt he is #OV atdtlredM4el (Jt'Gtrddcr sed ic8 him u bellies 9tesikisdt of tlttd and t t aerfet C. Gardner subscribed to said Power of Atto:aey is in the genuine Ins of said , 11 OT,p fo,1~al, 1AM" Fll+l4 %w#q1hq#tr of qid y-,1 ewe Md is #speeeat's fP+eser►a. r su?. 1 ra, s~ gf[ LU6'A > rc,cncu a ,r, r c n, { c*rl. t e u j n' it r.: tf fv L. I I f~f' !I •.~t { 11. P 7 / j j l^: ~,j Id~~'h'~M1 ❑ . ;Cfl i1 hJ1 r. 11 l il''P . pauy' J y ~ J'. 11 d F ~ l 1 1. 11 , 1, I/ / f t ~~f [ ~ r l.l! t~flY 011 3.f 11 ff l' .•'.1~ I( rL W'., 11 VI l,'~f11t' ~)❑f+ '/t}r t~lQ .,.61~ ~ kj 01 F .J;n rv1 j., r;lc u~u l ' li ou r' 'r( (Pq t Irr ! I `"V 11;., ps QL xuq L ) rt r'~1S al f~ i,'.:LUL'rF';. rap„ r' t " N Qc s o S oulj+' nL'~c1;cWib`e' ca;isci+' LIONIA➢ ^",%WQu+al y ofj;e jv ,L1 v F. LI%' NstaryrP~6lfe tp r, 1urJat? I~f fi gu i I{rFf Ii,r, t l.j A!A TV ;U 15111 Ir:.<9 WIM f , I -151(' ~Li+lf7 f)It, ltT. (,r!JR Oj r1 (,WLf1fA V• /a~yr7~gilplG~' ~~Yr A79 LGfifL~ O!I . 41 [:t 21~~ aK ~N' OI1. 77' j c i r:lf. AUUK: ~lflallAed in Kings Cotu► t~yo ty oil Ce ""aw,,•~~ c. i:Klil lf,': 110b1 CCc~mm~isp w Exyh New March 80,1940. 04 ~.;LIi cor ,r', 1.7;1. nS,nr.s MU"'co. 41 uj Lrre t FI. I r r•, , ay i L). S [ IrFI[ ~i' t: L?S ! "r I Ilt[F 411 LS, 'r~l 4y'r. P;r;_;., . , _i . ~ ` iSY•JSC~.A..n,t ill •rnt lRYi'4[dIARIAL AGLNd'04I P,1K3N1~11''AN~1 L~~t~'11?'ltCA'f'I02~ [ gcl,u;~~ c,~q wt. rye a; bcu,ra h c* ON'1t$YA019`91ft 1.111' Lurid 4 room lUfaf(Nov.14", /n1Vf VII' YI.Ni40M.I'1'lmt(EVIA LtafOtlrj 1 Of NOTARIAL ACKNOWL IDGKENT CITY► OOUNTY A STATE OF NNW YOB=. se: On this J -_day of-Aff"_'' kjO, $doN'Jd1 peracn&ft case 112h*A (j! BUM - and J~.! I1' 'It_Y,:! VIM w~'' did depose and say that they are ! - sad seapectir+ly o1 the FEDERAL INSURANCE COMPANY the corporation deaeribed fn and whkb otscuted the nuanced trumentl that they know the corporate sesl of said corporation; that the seal afllxed to said Instrument is such corporate sal; that It ww~ so affixed by order and authority of the Board of Directors of said corporstion, and that they signed their names thereto by like order and autbority. to w e to s.td Aeknowledped 8sJ , t' ' w York 7.4 ;i ' ~ _u~ty (lt t~tloa an assn r York "r anrr ! d. a J.• 'rar M'rr.h 30. 19?J CERTIFICATION Orff A00N b0a*Y OF NEW YORE: as ` nndsrilErNd, aaistant Secretary of the FEDERAL INSURANOD CAMP ~ i7NRWY 11100 the ti'o!, dept from the -laws of the said Company u adoy~ ,twwd fteetors on 1[tlRct lt;7% 1 ai►6 anmif d~ January 2, 1964 and that this By-law Is in [n11 fare sad / "ARTICLE ZIZ. Seetiob 8. Ail bonds, undertakin_tf contraets, powers of attorney, and other Insftrttmento than u abate, for and on behalf of the Company which it is srlsed by law or Its ehort * •o °a and shall be executed in the name and on behalf of the Company, either the` th~eirdrespectlve designations t,tllr~th the ta Au{staa ntt Serery or the except any one or more officers or attorneys-In-f;A designated In any resolution of the board V Directors or the. Ezecutfvs Committee or in any power of ettorner executed as provided for In this section may execute any icy bond, npdertaVlux or other obligation w provided is snob resoivtioa or power of attorJSey. And I farther eertity that I bate som"M the fW*cgi` rg copy of the POWER OP A'T'TORNEY with t ar[Choal thereof and the same is a correct and true eopy of tlx• whcllee of said orlonsl Power of Attorney ano that es Pa. of Attorney bas net been zeroked. Aaa I further~ tbsit i 1NS C C UPANY I duly 1 epee" to trang fidelity and rt±t b in nsln! 1 tAe>w' xwe ft otof~" T1 ate" d4 e; a , a eeoTw` tl+t XeovL►ees of t}e dtl Qf 1~'tbe ofey l~dn 1kcPSpd boegla.saret7 Or Q #6, fkr" 'q Ifws red r , ; , r : , Ally " e{ any haze sad seas w• said Compaq at New York, N. Y., this day of lf1_~ .r-,•::~[ _.l,c.,, rt..,~t~efl~y._\..~__~._~_.j_ -'v 11f yr t XWchi St:temad of Federal Insurance Caatpes+y as Deeeabee $I,, IM t ^ ^ } 5. 4;r ;j~j' • '..•~C~ Aasmrs UMUTnsa A" DDS~.tH ~ PoLtCiraMta>!a United ~ 46rnment Bonds 500808,011 ~45e*6t Pf 6dimas ~ae~eal,t:'r nds t 27,tes fdb8 'QMdends Payable to Polley INN" United Now Housing Bo State WW MW&I al Bolds q.114,Y34 Ontglandins Losses and Claims 74172,075 Other Bonds _ 12,549,887 DirMeW Ita'iabtf ~d f3t~ekheWW 1 1,888,663 Preferred and Guaranteed Stocks 4I62D 1 J 1 Ttass, Fapenses and Other Vabllitiw . 7,087,806 v.~i~' ~~~AU"Y`f'~ ~Com~pafl7 zlY4 a "44412°' r f el'~ Ai0,fit}~~ i'Y l' i ! '1f8fMkdlMtf(L Bdiaafr►!Id! n~- t~ #AbA* Capital stock of GreatN.gFthara Tara,. Lutnrtas 13T,2b4,064 - It► Company } 7,822,887 of y~~i ~o0niaylt~: lt'I' r ~r ' t: . Yf I 't (~Jr CaFpj61Steck (9~ ) ' 1Ji,8f6,1>h! r'i.. fir, c , Fa eef~t t, IM~Ideitlnelotni>wef Abieti l'Y ►lbz'a(.,-~t~'t~, TM.-.~.~C'~•.,~"*;., r• 8m'plae _ F" 94,bf4,IS4 fes1~ 7,696,8311• t~nrcalize~~preciatfpt~q~e.t OS¢ Premtwo,aot erer f0 days dw .r 6 A28,ose , 0%ar'!jA*Jjj A- 11'"S'400 : t ~li,i • 1 ~.i. fr'". l i ~ !i ~ ifi~: •il 1+161l~tA'_.~~~ x,089, 11~tbt fart,vaY,yYb lair km to are Vale" to owe" tow Q4 qof f W of A* I11rlt "i"ttoa of useftles aftabdomem i t• Vated at I18,7720Pae an 1ww"# , or"W IRt Noun" sad WMAN r reeaOM b law. a provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Denton County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed there order, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby wiive notice cf any such change, extension of time, alter ation or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 15th day of April , 19 69 m ro Division of Sterling Dru Inc. deral In ra a mps y Principal S re 6 By T e V~GE N~ Titl aichard a. BSghtAssi tent eoretarl Address 900 Park Avenue Addres 90 John Street„ ! York, X.Yi ` New York, N. Y. 10016 4. Walter LaForge Assistant Seore ri (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: 1f 8~r NOTE: Date of Bond must not be prior to date of Contract. Countersigned for State 91 Texas .4 -141-M MAXWN • 11A]IONEY • TURNM $603 Cat:ar SprLap ".Tesr. 9-1-66 68 PAYMENT BOND 60,1VI• 00- IS' STATE OF TEXAS X COUNTY OF Denton X KNOW ALL MEN BY THESE PRESENTS: That Zimpro Division of Sterling Drug, Inc. , of the City of New York , County of New York , and State of New York , as PRINCIPAL, and _Federal Insurance Company _ , 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 the City of Denton, Texas , as OWNER, in the penal sum of Two Hundred Forty Two Thousand Four Hundred & 00/100 Dollars ($242,400.00 ) 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 Principal has entered into a certain written contract with the Owner, dated the 15th day of April , 19 69 , for the construction of Sludge Processing System which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to his or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void; otherwise to remain !n full force and effect; PROVIDED, HOWEVER, 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 on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Denton County, State of Texas. 5 9-1-66 68 Surety, for value received, stipulates and agrees that r change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bone, and it does hereby waive notice of any such change, extension of time, alter- ation or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 15th day of April 19 69 I IVISION OF STERLING DRUG, INC. EIAL 1N URA OMPANY Principal S r r By Titl (f f L 67Title luhard G. Hight 013 tant Secretary' Address 90 Park Avenue Address 90 John Street., 1 ork, I.T. New York, N. Y. 10016 i Walter LaVorge Assistant Secret y (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: L~H-b~7~~ f1V- Note: Date of Bond must not be prior to date of Contract. ~gnc7! for State f Tear s Meer I60N-t MAHOA'EY 1601 Cater Springy Dalhr, Tear 6 9-1-66 68 .y,,...irl+w~ of i'~i'.11'WO Olt r+a+: ja I-^ 'exits Iv i ~ ~r•n oL r>,ra~.s ~nwrr+pr.l,...~u Amit That the FEDERArT. INSURANCE COMPANY. 84 hm Stitet, Rd*Ithm,Pt -Yodr, moan New p Yor1,Jrqy' a aid G New 4tae jersey CorpehMeei Las constituted Wedges.i+nb'oat- liseharyt.0.Iiititr h 1frCleustn. AsslatarLt 9ecretart J.rA I3XwR#s, m 1atlby appointed Attorner4a-Feet 4 this Cc+pApmq, for the puroosia 5 r 1,M: o~ Attorney, i6y tr►a of 16 ly to, 4.Vs IVU power to ex ecuts under owk designatlons N Ito name and to aft is • corporate seal * aid rib de1N 3or and on 16'behalf, as surety or 6t6rwiesp bonds on b0*W.Q4 clp#&Aom In eoaoeatlor with bids, popos oe'' . , tad any t^+taii .+W; bt *loeQlrlg the same; end conien to the modification or alteration of no bond executed under We authority stall ezceed in ammmt the that aLesstireferred- in said b, ror'tded .W#w r, >xli►'.o~"'r~ac`oo,ooo rr _ _ Jrlb) a t•i. C7,...(' . 1tlI )"tvi a .'.f, 1 1 ) F 4:1 14,,, t :,JjjprdA#,: Um'salb YNDERAL INSURAVICE OOMPANY• Via% pursuant to its Aytdw$ t ilmmmo t r~s~ to be signed by Its V" t and Aso"O §opb:.wy alpf:lb corpmte Mal to,b*~hvrdiv jdll%id day, of MU3k It ~ u y t ; j . r (E f < ' I.I~ (tt~Llr, ~ u~,t t~ .~l r utp.,t L,.:q. ;,2.r:,';tr~ t:.1P1ED`ERA~l~~~tlls#AML"1#JC±CYPANY 1 -:~3 .:jai e: I iii11 '„i iivu~.j _ ~;;11b'~13~J 1;~ $~uyi,': 1•,lu'.,- ,r; I I ,'r~s;a S;I I.:",.'.~ ~IS : s.LL<, l l r 8l1'11i 1CR -4 Y a 1~'nder,c '~~.I G r G . , 7r3 No vt Wp"sw.at Lint 'itrlr.'a' ~~I ~ I t.~,tjtLV} ju„JLxi~ Y.'.u~Fvu7 'i SJ~c~.uarr,t 7i' 1b8S i G tYr ~;%rf yF~'J f ~t ~I{* 10 . , Rkh&W D. O'Connor Aaetiebni8rerstery 6TATR OF NEW YORK ss.: County&,q qeW T?Ek it dsTot 19 a slly came ltkhard D. O'Connor >ti ie' bt1 0~ ~e lli f; RA~r~ L70iiPAAJl'r do, b• ~ hlr~f" - br ~ t#9 t}egr ds ~~~1~~~ Aas:s A MPA~QKSt tririi~~t~raEa seal !hereof;' that wed • fee"lag . o4✓✓.dtoe sey Is sack co to seal e.nd wuereta at4l(ed b aS~ p lf: Opnapenf"srod #ha! ni said Poiitr b A Mrts}'qy ae Aistat eftQ, a i:e ~s IwW~ Q'tit~kh 1ri+ANit h1d! t♦ bI iRe: aR~tifMid , and that t e of C. Gardner subscribed to said Pmnr of Attorney Is In the gsauhmo log of said i a r *as tf>at>tit~ Rublt)crib~4 4s rptity pf uata 8~,1,.,ta yid is ~spencat's pEtsseooe. ' ' ' ~wied a o,rLd >aorn t b tyv tee ps giluyC,ij ~4 J „ I.. ~r rG If-i t I t ~ I j" fJt rLl rr lra;>t tt 40- f ~ rbL ,JV U~;'• r 5Id' Jr)r llirlg Ch i-ILJ[t L Ol U,t'(>L,r•t't . { e.H * Notary Prbud i h . 110 1. L? a' 1',:1 LTI, t i~Lr( j ;Id l:.r. ly / 1• iU kr), Z`. rp~s c1 ( jt„r r t LS )j>. l' rrr,a i r {y r •..:JI 'rtrx u.. a ~.Ax L' :'u IJt l► N . 4 5 1b Y of f, of .051's Go. ku 14F& r.(;FSK: 41A Qualidedin Kings Coui If f n Cerd&ste Wad In New York C vM GggylF.ICV1.lUit kzplras Mareb 80,18w - 4 \ r fit. r,.~,•1S.4nrr i. (~'Attlt;inu ►a ~2<rlt M.. k 4 Qr,~r,u l~¢ QIT iyc rla~r,.~ly~~:,c Ll .~tlvs IVoii ux:uce Lalp) ;lyr oil jlt vnq oo!) rr, r~ : r cu;, r'I'• .x rrvt-It s.' t'r ~a rt' Ipu, •t m'r . On ) p, > •,1 r'% tFI'' 1' 'l I i A ,~,['r :I:--;• Ur't. II' ..1 ' t _I (T • n Jf r. t I ir) AI/F I/ I t' E t(IAF, t /V rte,. i A" 4 r e1 1 $99 NOTARIAL ACKNOfiY1.*'11G1CM'ANb Ir'tCA+tj0W'`"' { ;'b J.:1 av+ '1tEPRlt$`ttl~Ltr ON t,uX ( oaw.X Gd'd I,k t1P, ::!':lt. J.ULiK' r~r reaiurarcasr„~ssl ~vl ~NI'fl' '!(,KY.OMI I;flt;ftF:l1 J_yraiuwt ILI NOTARIAL ACENOWLBDIif RNT CITYI COUNTY A STATE OF NEW YOM Sao OnthL_._!~_~day 10bdori'6ii peraomW earn 8&*M VI~ and r r i { 'r i t! 66,ki6Ma, r►b6; 6kiii br'too 04~ arwrn, did depoa4 and say that tig are mad MAN" r telr ad the F $RAL INSURANCE C011P.4,NY the corporation dear pmd in asd which exaanted the annexed t; that they know the corporate sea: aaM corporation; that the seal acted to u'd instrument is aucb corporate meal; that It was to affixed by order and authority of the Board of Directors of amid corporation, and that they signed their nines thereto by lCke order sod authority. Sworn !a Admw4dosd i : , a Ie~ofv me CV0 '.,.r7. '.,td in New Ycck Cr:nty 11f to W fsal► Ccmr-%i.:pwa aacyiios Morch 90, 1971 { 1 , , c > CERTIFICATION , , t • r CI9'Y (~OV*rr 'OF NEW YORK: ss ~ rnndarsi~f$, Assistant Secretary of the FEDERAL WSURAI(0>4 #dP ~o By- hr I a~E~ama rmj 9 IM annd tthaot this By-LaCw Is Inhu f ma 202 8oaatd "ARTICIA ZIZ. t r. l ' ~ ~2. Ali bonds, undertakings, contracts, powers of attorna , atd other instruments other.. abate, for mad on behalf of the Company which ft Is autborfsod by law or its C%Artl! to =sy and shalt be executed in the name and on behalf of the ContDany either by the" 4" ChsirvOn or the Vice-Cbalrman or the President or a Vice-Presi4ent, folnty with the Becre- tary or an Aulatant Secretary under their respective designations except that any one or more officers or attorneys-fa-faci designated to any resolution o~{ the N&M of I?trcet~rs of the 9zocutive Committee, cr in any power of attorney executed as provided for th this section may execute W much bond. uw1crtaki ng or other obli6 ttlsp M pray" In sash resoWies or !ter 6f upd a tertian im I have eoa d trd the 1 of the ceby of the POWM OF A' AttttLY vft Ir Ujad tMfarfMe rus* e s correct atilt true no" of the w11o11e of amid f!" lower of 'Attoedef'!mR t Fswse d A4bMMY Mss 2004 bsea teraMaL: ' r ~q1~ I ftlz , tbat'at+ig F > t 4 fi >G ANY vly Bleed to tran7►rc'~t~e1 1b7seam. OOgi on a Tfa~t~ifdl IIU ► ''►°e u .awad°,4i~ web tht+ t bl:adr p., Me y,1 +~lrNa rN sneat7 thti ~y d aced ON1 0! Bald . Compoty at Na W York, N. Y.* Pr : ,141,E (1b. ➢iF.U !JAW 7r L al Statement of Federal lasarsaee Company is bf December 81, 18`87 - AJWM Lu►anarlaa aim 8m{ttDA To POUMowm United OW4o,Government Bonds i 60,808,012 Uneaeed Mbfitms United StatesGovernment Bonds ens Seemed 27,2831268 PMdends Payable to Polleybolddo 183x189 State and Nualeipal Bonds 62,419,939 Outdanding Losses and C►aisns 73,173,971 Other Bonds _ 131699,887 D[+WeMi Pdyabli Id 8tdokbeldM'J tt +7, t 1AIIS A83 Preferred and Guaranteed Stocks ~S29081 T, tes, Expenses and Other Liabilities 1A37,806 t, -r.t t, ' { r 7ofNtIa11 Gpital .{~yla • ~loe . . y ~ v r~i $">•ader t~lawars>.be r;1P,NS,MF Compb!!7 ' 1X in • V tFolt t )-'will a~ -:M4WAilllt"-2efla~ri W t..L1`-.; r l 'i'° S:Ne:tlw Capital Stock of U t Nq To?A1, I,waa►ISa 181,!69,434 ln/ar"611 Oomyan - ?,&n X7 ` ;.c I~ c r-t iG.'.,i , n r~ n,.c i "•6 it •b Coital Stbek (0$ 0" fio1onI ` _ JY `Let inttlnei Coto pifK~ibf AEAedl l ft` r c} r, VIJ' J4 r w { ? 11 . L, c r v.: ert r to ,.awr«.++ aIS : r ti.~Ri71 'Fo7t~{,; ~lI~RTJ~ ^!"'r-r+'*►~'".^f,, ,ti80,86~ ..t, $arQhmV...; .~:.;i~ [og!t~(~~Sf4,8df pramtanta atot over,80 days dale :r..~:.u 6,f323,A8'3 .,7 realize A k~04.ot, ~,n i r~kid Othsv `Assets 1f,985,406p° • cq n84»tJp'1p PA1~9Te9uM~ai+:-,4i~. 1af.►'M,M1' a~~f~it,~4ri+~d}A~tlt.l.'4 S.S~rc t,,,.:I•.:1; (ny,~' .z: ~ x,11?.'f:.l.' • ta•srtasa an V&1W4 ft arwei 's WA&M" &/Ak VA= of te&wasee CsmakemMe. 12valawY valve so $11MIA0 are Mrs ~,PVJW IV aelbdtla ass dw." NVOW M 10W- GENERAL CONDITIONS OF AGREEMENT to DEFINITIONS OF TERMS 1.01 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and the ENGINEER are those mentioned as such in the Agreement. They are treated throughout the Contract Documents as if each were of the singular number and masculine' gender. The ENGINEER shall be understood'to be the ENGINEER of the OWNER or his duly authorised representative. 1.02 CONTRACT DOCUMENTS. The Contract Documents shall consist of the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, Special Provisions or Special Conditions, Propossl, Contract Agreement, Performance Bond and Payment Bond (when required), Special Bonds (when required), General Conditions of the Agreement, Technical Specifications, Plans, and all modi- fications thereof incorporated in any of the documents before the execution of the agreement. The Contract-Docullsnts'bre com0leoentary9 and what It called for by sAY one shall,b -6.1 bidding ik'if Called for`by,all',- ln'the•event of to conflict in," the CodEract Documnts ltherCOATRAC'l'OR shalt call,the eonftitt.to,the EMIIXgR'S•attentiott'fin'writtng and.he,shall decide th6!coffttetjln writit:g, and the ENGINEER'S decision shall be binding6-, 1.03 SUBCONTRACTOR) -%The E term subdbfittFactor, All *gtptey'64 h rein,% Ih I,ds$, only those havtr4 a direct'tontract wlth•th6 CONTRACTOR. }.04 -WRIIIEN NbTIC1,k;"Writteel nOtice,shall.be=deeu" tb,have, been, duly served if deltfcddiiil'pera6n'to,this IndividdaVdr to,a seibberfo11tbe4Irmor to'sn' officer of'tha:dorporati6A (dr 0hom it Is, intended, or, if delivnted at or sent by regt'tktered mail to the last bU@Iness address-known to, his who gives the noticbi' 1,05 WORK. Unless otherwise stipulated, the CONTRACTOR shsll provide and pay fot'all materials, supplies, machinery, equiptant, tools, superintendence, Jabot,' Insurance', and all water, tight, power, fuel, trdnspottationi and other fabilities`and services necessary for the execution and completion of the work covered-'by the contract documents: Unless otherwise specified, all materials shall be,nel► and both workmanship:ard matariale'shdll be of a. good quality. ThV CONTRACTOR shall]%if required,, furnish satisfactory evidence asito the kind aild'dualltq!of materials. Materials or work described itt words which so applied have a well know technical or trade meaning shall: be held to refer. r to such recognized standards.: 1.06 WORKING.DAYi, A "Working Day" is defined gs any day, not', including, I Saturdaya 'SUndays'or anyflegbl,hot idays,(iIn:4hieh'4ddthet wiIIipdrslt eon strottioo otuCho Ipriteipil-unito df!the •work, for'aiperiod.of not less, than seven (7) hours between 7100 a.m. and 6:00 p.m. 7 9-1-66 68 1907 CALENDAR.DAY. A "Calendar Day" is any day of the week or month, no days being excepted. 1.08 WORK WEEK. The "Work Weok" shall consist of a period of seven (7) successive calendar ra7s to begin and and as specified by the CONTRACTOR. 1909 SUBSTANTIALLY COMPLETED. By the term "Substantially Completed" is meant that the structure or facility has been made suitable for use and all construc- tion completed except for minor repairs or miscellaneous work, which while in progress will not interfere with the OWNER'S use and occupancy of ':he structure or facility. 2. CONTROL OF WORK 2.01 LINES AND. GRADES. l'nless otherwise specified, all lines and grades shall be furnished by the ENGINEER. Whenever necessary, construction work shall be suspended to permit performance of this work, but such suspension will be as brief as practicable and the CONTRACTOR shall be allowed no extra compensation therefor. The CONTRACTM shall give the OWNER or the $NGIMR ample :notice of the time!and place where lines and grades will.bs needed., ;All 3S#kgss parks,;! etc., shall beicarefully !preserved, by the CONTRACTOR; and in_;oaso;pf caroless destruction, or removal by,hisi or his',employees,t sucb:stakeso;markso'01C.1,0411 be replaced at the CONTRACTOR'S expense.;'.:;t ! ij -:,e r,-~r.i n. 2.02 ENGIi+tMOS.AUTWAITY,AND DUTY. :The ENGINBER aball,hove the:rigb_t,vt , supervision of the work, w the, I felted, extent hereinafter swntlogo0,„fot,th4 purpose of seeing that the improvements are constructed in conformity with the contt ect.z It is uederstoodjand agreed, howeverb that r1WItNG)KIIE913 syporyl- . lion ts.for the sole purpose,ot seeing that, thv,laproyovents 4FO o~Mtbti+C /►d; ! In accordance with, the,contract,Lto,ths end that tbe,9WNP vpon;Complolon will haverimproveseritsjconforming:to the-plsru, sPeclfi~tiDtis:and,otpe ,t contract documents. The ENGINEER is the ENGINEER of the OWNER, as aforespld,,; and all supervision and other duties of the ENGINEER under this contract are for the sole benefit of the OWNER, the partiesihereby expressly.pegating any intent that these provisions,shall inure to the benefit of anyone not a party to this agreement. The CONTRACTOR is and shall remain an Independent contractor, solely..responslble for,the Manner and method of accomplishing his work hereunder, and the safety of hlmsAlf, his employees and other persons by reason of his operations:hereunder. The ENGINEER'S authority inthis regard shall be limited to a right:of veto with respect to methods-which,in the ENGINEER.'S,opinion would,. prevent the completed improvements conforming: to. the contract. ;The,E[XINEER shall hive the;Authority Co stop the work whenever such stoppage maybe r necessary to insure the proper execution of the contract.;: in order to:prhvlntidelays and.disputes and to discourage litigatlOno it is r further. agree6-,tch4ti the ENGINER .hail in slli i.ssescd*terrine; tho atsotu►t,:, and quantitteazof the sevoral.kind#- ofwork which oze torbe.psld jo)r under this: .Ili. ~i I;,I ii f, ~I(3:~ It"`_*`a !'rij P, 'L•i~I1 8 9-i-66 contract. No 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 CO,I%C'i'OR. The ENGINEER'S estimates and findings shall be the conditions precedent to tho right of the parties hereto to arbitration or to any action on the gontracts. and to any rights of the CONTRACTOR to receive any money under this contract; provided, however, that should the ENGINEER reader any decision or give any direction which, in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with said ENGINEER within fifteen (15) days his written objection to the decision or direction so rendered, and by such ection slay reserve the right't'o submit the question so raised to arbitration as herein provided. It is the intentof this agreement that there shall be no delay in the execution of the work; therefore, the written decision or directions of the ENGINEER as rendered shall be promptly carried out, and any claim arising therefrom shall be there- after adjusted by arbitration as hereinafter provided. The ENGINEER shall, within a reasonable time, render and deliver t6 both the OSHA and:kbe CQNTRACTOR a written 4ecisf6n_on all claims of.the parties hereto snd on,ai; qupstiops which may arise rfiat~ve to the ex~' tibn of the work ot;the Intoiprlltation of, t~ie,gQntrsc , specs icattons Sild 16tis. hould the ENGINEER fail t4.mA~l.sugh decit{ipn t+l~h,~ti.'+~~,rias''' b > i6il' `ap `dal at, to arbitration slay to talcea ps if hie aeeisioq has Dedn'rsr}d/i'leWlis the` 1 11 party,,appepAi"R Whene, c wo Vie, "dt ~cted~~; #e ,Fe" 1rmftiid"; ar" y 1 '~COnsi4,lrp,dine."+l3faX"~,~p~!!s4rj~ed 0 OI TQrd(to[JJ It aha,1b §p forf;,r F:> f:ld reF on a ui' eiiied' pe~ trml"stdn`'drder`, ijhd'i j eeid i~ t l~ri3, the n W1 wordsn"##pr sp Q e accep,ti a"# "84, S S" t ia' ',Oryw' 6T 146W . of`l i ke' iii dr!''' she; t mean ¢PPs9PSd pY Pr~atcep a .iR,o> s4 }ef,pcth~+; ` th rElv.~tNtli"Rii ` { 01 S E 6 E A' b' ` N p akloN."' I e ` it' 't!'gfee'd' by 'thi'' CC4TRAC'1'OR that ` the E E $"I t be an, is hereby authorited e6 appoint frou'tiiae' tb time such subord)na~ engineers, "supervisors or insppectors'as the said ENGINEER may deem proper tp inspect the material furnished' snd the world done under this agreel9ept,'and ,to see that the said mati4Iial is furnished and said work is done iA accordance with the 'specification therefor.' The CONTRACTOR shall furnish aIf re+asonAie aid and asyist'ence'required~by the subordinate engineer's,', :supervisors or lnspectora"for' t!{e' proper Inspection 'snd etcabina- tion of thje woriC.'' Ttie t•ollnjg and decisions of any such subot'dinite' engineerso supfrv,sora or inspectots 'so' eppairitkI,, vhbnY co"Ittmt VIW the' Obligationk' of thl* a reesmnr end the accoMpehyft* p'la}ib and''s.tifldetions; 'ahdlt have the s ' or a ~i Ind aff'ecf is' ruling's and decfdlon f of this ENGINEER hereunder; d thk t'ONtRACTOR objeeV to' dW rblihS or'deolsion provt id; h'o aVer, sA' 001 by such sub6t~t,4t'4 ie tgiitiaer'; supervi'sor' or 'inhpectdr~,T,the CONTRACTOR may, within slit' ) ' & 'maiei'L~r'iiten''apP4AI to,th+ ENGINEER fot' his declstonal ~1 ,,.'.I i,.: ~:'lr• .:'il.;!' ;V-!~i lli;~ ~i .7.~'A lt' . I,::: 1r. ~ `.f.' 1... If(~il'7 t~ pg! II lII~~ ~1'K~1. ~i7 ^+1 Vff'tl;r>7 t,;.h fill ,1~17I lJh f"11 9 9.1.66 68 2.04 CONTRACTOR'S DITTY AND SUPERIlITENDENCE. The CONTRACTOR shall give per- sonal 4 tention to the faithful prc-secution and completion of this contract and shall keep on the work', during it's progress, a competent superintendent and'any necessary'assista'nt, all satisfactory to the ENGINEER. The'super+ Intendant shall rep'resent'the'COFMACTOR in his absence and all directions given to him shall be as binding, as If given to the CONTRACTOR. The CONTRALTOit'is and shall at all cimes remain an independent contractor, solely responsible for the Whn6r and method of completing his work under this contract, to long as such methods do not adversely affect the completed improvements, and solely 'responsible for the safety di' himself, his employees and other persons, as well as the safety of the improvements being erected and the property of himself or any other p'6raoni ass result of his operations hereund0i. , The `CONTRACTOR 'it and at all times shall remain an-Independent contractor, solely responsible for the manner and method of completing his work undef this contract, with full,power,and authority to select the means, method and skjn i'of performing such work,'so long as such methods do'not adversely affegt.thR Pomp}otea fmprovements'~ tha OWNER and'ENGINtE$ being interested only,l 1r the re}opYt' btained ad confof'mity of°such"toA01sted ieprbvemeAts to th apps, spgfc tios e d coiittact. L►cetisa, tha'C4NTRAC?O1R shill be so;ely rro1'7. F~ 1 `qr t1 `eta et~rr:af hf"6fi 0,h33i`sa Ybjiees et~d~othd t'F! Tai R 9 i i"~.f i ~ t ~ it '.persons, as well as the sa17nely o~ i~►e lffpro06f& nits`betfl 6 irect6d rsfid: tha property of himself or any other person, as a i4sult of his opsrstl6ki-hate under. EnglnRgFi Sgp4tructi n,dr*Wingp and sphelgications, at well as any additi dal to o n c@rn, th6' 466 k i o b' tbf~led'¢a6•i14 ftosi or throyW,ifie EA, alia`li b6 M f~reted an`t'i ~lfll',ar" ~ , a 'd~ ec~i' ~a ~tflb idtont' , ~Q P ~0 vote, ` 4 aI10YA4g,O r * doa s , ny E u ~a rti tiQne' ties:~j) 4b' s c of fi'f~F~~4~1,{~?8 •ar fry a ~ { f'h e~ alt `ik'~b'tb`'the ~'FY *F4 define with particy gylcy;t .spree Q;, t ? P.; CONTRACTOR is to perform. eiRTUCI, shall" be ful'It And tdapl6telyl'' Il ibl at his;4 ► egp4Maifor asIgn,'ponst ucFion,, 'petal,l tlop anO uses pr { onirf+Eot' non-uso,.of-all items anQ u,4etho, ds Jncldept to pirlf ' p ,ri1cb';of,the 4 and for, al: loss, damage or lnjuTy Incident thereto, either' to'persot of property, Including, without limitation, the, p¢equacy'of all temporary supports: shoring,, bracing, scaffolQing,,machinery'or equipment, safety precaption# or. 4oviceep and,similar $tems,or devicea,uaed,by him durln construction, ,/any r@view of.work,ln process, or any or observat, on during construction, or any, clarlflcation of,, plans an, sp~criflcatlona, by tom, 00E2 or iNGINR,: or spy agent, eynployRe of rdpresfr Wl ive pf ~eityier 11 of th9gi, whether.,througb personal, °bservation, on the pro) ict site or bey ' means,ats apprgva,l, of, ah9P, dFawings, for temporary c9nitr4ctto4 or constr'dctlpn'. prop"pox.j. or .by,',ol1y, Other p oApp, 4r IM±F1tA r rya. ,a$FPer`f, by the i;ONTli/1dt(At o- be for the, pucpose ,pf. gbserying. t)ijs, igxts t aid n}fu;p~ , ,q F comF~ tad oz 4, e~oJ►, lcgt~ being performied; as, peappred eggti.*t ths.Ar +it s, an j}l? constituting the,ooiltFl0,9j or for tha PjrpQ)$q ~~~~f,~ more fully understand the plans and specificaiiona so that the comp efed construction work will conform thereto, and shall in no way relieve the CONTRACTOR from full and complete responsibility for the proper performance of his work on the project, including but without limitation the propriety 10 9-1-66 68 of means and methods of the CONTRACTOR in port! rmidg amid contract, and the adequacy of any designs, plans or other facilities for accoidolishing Such performance. Deviation by the CONTRACtOR from plans or specifications that may have ben in evidence during any such visitation or observation by the OWNER or 601NEER9 or any representative of either of them, whether called to the CONTRACTOR'S attention or not, shall In no way relieve CONTRACTOR from his tglponsibility to complete ail work in accordance with said plans and speolfltations. 2095 CO CTOR'S UNDERSTANDING. It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of ,the work, the conformation of the'$round, the character, quality and quantity, of, the materials to ba endauntered the'chl~racter of squipment,ahd facilities needed preliminary to an"'du"ring the prosecution of the work, the general and local donditions, opk'All''bther't6atters which can in any way affect the work under this contract. No'verbal agreement or cunversation with any officer, agent or employee of the ENGINEER or the OWNLht,,•ither before 9t after the oxecution'of this contract, Shall affect or modify any, of: the'terp ' r obli 6t'lottlE hnu4ln conteinad.' CH S the"C¢ RAC')~OR erees to'empl oh;~► at`Qer}y .n comppi~ 1 fn a c 1 u ~n Cl{e =tormanc¢' oE'th`o ty jrkre{jquirjeyd, . 1 i G 1 tf~e a F,p See"~tlia'tan' i4t-4 iettkiwkit oonacfb J to do under this works snd a shall inform him Inswriting that any man or men ,aaithfu. or disorderly, auc~ manor men shall be npiiion, i m i nt ~jr ,i fi (cI, n1 ? R f fiF dlachar t rom. t! wp,K pn~„8t~ not aga~n ba6~Ief tski$tk yfthQWcl the ,XPG !g yr;ittp cogent. T~1e pL~lidingr 7''~3~Ufr+~" CO ' fi'o or +the,e;e4,t 4n,Q }nf p, ppthe f4~f of Protec ~Orle w1i'l', ~ tt only at Qec~es~ 4setVC1(R ~elca6 'in`~!'E ~e'>`li`t~tar-2ohditlon' of the groupdj fin. pr, ehou , fu; f t jtruq ures s al lr; e't' a~ " .l6os' 1>6 1wlilt~.nsd in a mannok' soda sctory to t o i:NGIN£i;R. J.00 SANITATION. Necessary sanitary conveniences fo'r the use of laborers un the,york, properly.socluded from public observation, s"11 be constructed and maintained by the COWRA►tOR In such manner d"at such points as Shall be approved by the ENGINEER, and thelF;uso shall be s'frlCtly enforced; x109 SHOP.ORAWINC'S, The C1Q14ROTO~,,¢hoIt supmat toTpe E~CIbtER,''with, Such prompt nq g,p3 to cause no delay, in his orA Mork or 'n thf of bnY other Contractor, four coplei, unlit #,orthe $0ii .ePqcitled of 6 1 sho and/or setting drawings and schedules required for the Wok"ofhe'vaibus' trade s;.ll'14, Epej1 91J~ .1!.~P 3 Ifa~ fi, ~14~ ?4~ h r~1f!}°. 'b}e ~rowptneas0 ' making lpf iyod corre ti .1".,. Tne CQ so corr*c1p ons- re the ki'pjg fito vl hjh tiro, cgr ec ed fop es ~i~d fi~rniah 4 1 such oth4 , fpy1}a,,}Y c}~ . k o such dFawlti hhh ed d or sche Y nQ eY , f ~.rf~b e~^~ tea s 5 g o fdt'Vla~a ✓ b I? , 1 F 1 'unle`s'a~ a nab. I to a1j[~+Mfr t, i bona tom drwings or apeo tfcaions, ...€€'6nrs r ENGINEER'S attention to such deviations at the time o subei la's ilenot?;I Y 11 9-1.66 68 1 It relIpys,,him frozp respoQ$ibit~tyrfor errors, of_any sort in sOpp drawings or schedules. 'Such review by the SNEER shAli be for ,the sole porpoYe of detgrpin ns the sufficiency.of,solo drawings or schedules to reaG t'in finished,improvements in c9nforjj~ y with the plans and speClkiiations, and ~ shall ngt;relievs the CONTR!►CT'OR of hie duty as an independent contractor ' as prevlouAly, set forth# it being.' expressly understoodra~ld s$490i th4t . neither the, ENGINEER nor the OWNER assumes afiy duty to piss 'upon the:Oropriety or adequacy of such drawings or schedules, or any means or methods rattlcted thereby, in relation to the safety of either person or property during CONTRACTOR'S performance hereunder. 2.10 PIt>+l. APPROVAi, he D`NGINEER: ai,all not hgye thJ; power to Waive the ob $ations of this contrfct.rfor tht furriishing & thlrCO~TR OR of good material, and of his patforming good woik as herefit d}feribed~ iii in full accordance with the plans and specifications. No,tiiluril or b8t' 41oil of the EN9INEER to condemn any defective work or materiel "shift release the CONTRACTOR from the obligations to at once tear' out,'remove,bnd psopei'ly, replace th ,pamo at,gny time prior to~final scceptancetI upon the discovery . of said de eotive too or tgtial; pp ovlood,.,hu,revor, r,ait the ENGINEER shall, upon request of the C6NtkAC'i'6R,'Inspect and eccept,`qubflfy,"ot strial fu i"shed anj in event th ma~erlat•I}as been once reject ep sl e accept 0 e 1C~ N ,sspc i pccpAl.,•'ce shjY~ be bin t or► the d~tAtAt unless oe'nbe gielf'~ uch ~ter~sl fu~`n s boot t>~t~ 1~s~f - thes 71 peC Q' i 'l,1pns jpr, s:rr , ;i 7 . .r t mist c i r Oi~ 11@. < t I~ Itk.:.l 74Jd 1-'i[J ")Vl1rl Tel r:! l I 1117 " r 'Ily'Any qpg p ed ~rorit Pa?! bt ,9r~ed'a~Cen up,or f velo# rig-'Nca6lnaEion', ~t #oliild btaced#!IlA4 by the ~INEd p=for fo` f nai acceptkanee, and ' ` ''i~t ` with the specifications for said work, all expense'8`~'iA v`f lhi ;'ra-oxaiiilaln ' t )fAC and to 1 1. rice D the CO OR oth • P S s incurre'd' a a9 „ f~6RR`~ and"'shelf ! [ t}++a y ,r,ra ~"J~,~ y f°,:°r roam ~Si g7 8 providfrdo 4~ 0') RAP $ ~ p n j~ tort in yet !h ~iI" thT~ G apacif~ Q ~r.,1Er ?r, 9t ppee fp I, fTrll rol u proceed such Mori without reque ps Inge ter. tt'6R br ay~irof,-f~ i1e pQ i shell bear all expense of taking up, re lit, An- ~p cUg th I a trerk if so direrped by. the ENGINEER* pait7t hereof m any , or'•p,X R e=ES• biouihtf on!tthe bitee6E the IIr1GINEi','R usecr in the work or selected for the same, shali be deemed try h unsuitable ,?r not In confot,~ IC with th specifi cpti9na, the CON"PWTOR shall after` ce"el it p~. pr` t'on e~thcreef , tre>b '691NGIiUIt,' t'ottiti- ouch irortc"so''fhat with remove 'syc t'eris phd"rebu`lld or otl~erir~16 'tem¢'dy~ ell r r r 4,> I,~ i;l ~.il ri it will„fie rl•~ fu4cctidanco i~1 this contt8 )f S J t ) 7 Sr.17•th 1Y 2. ) V- 7 r 1<A'?6A rf&k rfY 1 fl r z1t r 12 CK&d ~ 0 ' ut Se` a t'ee that the 6~iNfat , make uc 161 can ee a11 a e e `o~Ea t ' er ~ may t tl'r 9 T"~ '1 , ri yy F grade f ii io(~s fans t la t fhb Irb fiat fh c4'E1}es+¢1~ ~ift Wor a t ere , i~he`~ bit or b x rh8 C 1' of tie egnAt , E i t r t r.~l'.1 . rr ri h $ i►t - t ; tion, vio~uE ~!lec~titf►`iL►'lldl~l! o t s bo;rf'' L tI` t!ii a c` pabf► n' perforglAI ze1`and e DOtllde.x 'r c 71 r,:f, e tt;:)(;e o -;rlrt 7 nr 1,1 t Cr 'loll ,!ru .0e w, i r > Io 1jrl; 1 !.j 'fLrvtf (`.it.)b fri UB o; 11°~i 71t9 I JU ~i1.1 '~A 1•~; 12 9-1-66 rr 68 If suphjchanaes or oltexa.tions diminish tho,g4sptlty of the work to he done, they shall,not constitute the basis for a clajim.for, damages, or, opt.Igipgted profits on the work that may, be dispensyd with, except so provided for ;unit price itme under.Section.S, "HeesuroWt and payment". If the amount 9f work1a increased, and the-work can,fairly be classified under the spec01, cations, such increase shall be paid for,according to the quantity squally, . done and at the unit price, if any, established for such work under this contract, except as provided for unit price Items undo; Section 50;"*asure- ment and Psynontr; otherwise, such additional vork.sholl be paid for;-es provided under Extra Work. In case the OWNER 4411 make such changes o; alterations as make useless any work already done or material already fur- nished or used.in said work,;then the OWNER shall recomPen 0 the CONfiit?ICTOlt for any,meterfsl or lebor,so used, ;and for.any,actual loaf pc001900-d ~Y;', such change,: due to actual expenses incurred In props ration for the Vr4;-~, as priginally planned, , 2.13 RIGHT OF ENGINEER TO MODIFY METHODS AND EQUIPMENT. If at any time the methods or equfpment used by.the CONTRACTOR are found to be inadequate to. . secure the, quality of work.or:the rate of progreao,,requirod u4142at thls;,obh tract, or the working force of the CWRACTOR la,. inaO"osto for ; +rjgg the progresa:herein,speaffied,.the INGINIM :etay order, the CM ?AM QEt la • f writing to Ineressefthefr, ssfety or imprQV! lh,eir~,dtisr"ter and,mffip}sn,cy~, or to increase his force or equipment or both, and thl,.tQNTlAMA F*}l,, comply with such order. Such authority of the ENGINEER* hop Yover, is for the sollst benof i t" Of tha 1 OWIR ,4VA the 'A.ifety o#, tbl -I~pr9tYes~ttttef; lA 4 =!4*#1 tP o"Orsl their erectico in: coaformityl,V1 i- t4W.0901F'c i. [.t ht %fiT the r sole duty; end, rogponsibility.of the CMW.Tgy to ;tlY4,Af1AQ~yXe prma}yt~to ; , , In his<.opetations; for..the ae#eyy otjf ; ,eft property,: (toe fa ~PF.e, Phi fi!, a ENGINSERito~cosi'laintof:thm~Inf~tt~od. WAlK1 ~YYIpmM.t::Ofathl.,CPKtRl~fl$ f#M~f,; excusp,or• relieve ttwiCOMTfAC 0jt,of ll.Abl l.ty3loF, skmago to it s pFQi, xPY A#; Improvements, of, the.4ifM-.Oyireawa of;,hl.e.,neglect,4r,o#)Salop rtf. ; •:~IfJ S: J1iI, '2,r biL.rj 1(,fi t!' •bi,,ft f(lil 3. GENERAL OSLIGATX.QWj 44NP, 1 I i 3.01`' RCl:EP1NC OF EUM jWR SPECIFICATIONS ACCESSIA S. The MWEER shall furnish the COKR6CTOR Mith,sn;sdsquato and reasonable number of FOplos of all plans and specifications without expense to, hip,,onO the ConitACTOIR shall keep one copy, of, the same constantly, accessible on Xhe work, With, the latest revisions noted, thereon. 3.02 OWNERSHIP.OF l>itAWINGfi All - drevings., }pealficattonp.,and. aoploe JhVAef furnished by the ENGINEER shall notebe;reused.on other work,.0nog with thA : t <<+ exception 6f, the• signed contract: sots ~ i are, to be veturnod to;(him,on Klequellt, : E , . at the cofspletiodt of, the Vorkl, All,modols; are)the property, of the ASiNEt1.~ i r. +ea' -..111, ,fl;'S:ttJ'il , t)t:f ')P l lf./tvi lit 1 -779dV JCI 97i', •6JI iH,t!i. 1f1 V-'iii l4btllka'1 3.03 ADflORJACY OP, DESIGN,,,, It to toderstood;ithatr the ,OWMER ~lle•.•sa he. hes.If l„n employsd'cdo"tehtt< engineers, an4.deslgnerA,~, ItJ Ia. thorefora# agreed hat , t th4PlVV ildt4hsW be respdosibktifor, the. adequacy of the .dgs>tgn, suffdgianoy. of the Contract Documents, the safety of the competed structure and the practicability of the operations of the completed project; provided the 66 i CONTRACTOk'has complled'41th the requirements' of the said Contract Documents, all approved modifications thereof, and additions and alteration* thereto approved in writing by the OWNER, The'burden of proof of ouch complianc* shell be upon the CONrRACTOR'to show that he has complied with the,said reo requirements of the Contract' Documents, approved modifications thersof,ard all approved`additlons and alterations thereto. 3.04 RIGHT OF ENTRY. The OWNER reaerves the right to enter the property,, or location on which the works herein contracted for or* to be constructed or installed, by such agent or Agents as he may elect. 3.05 C;dLLA'tREti1L`COKRACTS. Th6 WAR agrees ~t6 provide by 'ssperate' contract or otherwi'ite,'ill'labot and material essential to'the completion of the work specifically excluded from this cdntraet, In such manner as not to-delay the progress of the work, or damage said CONTRACTOR, except where such delays are specifically mentioned elsewhere in the Contract Documents. 3.06 DISCREPANCIES AND ONISSIONS. It is further agreed that ft,ls-the intent` of this 66ntradt that all'1/6rk must be'dohe add-all material must!be furnished in accordonce'Mtth the gem*r*lly accepted prsdtic6; as detetmtnadiby the ENGINEER, AiAd kn' thi4Vent~af any disarepanol is b6twesn'the separate contract; ; document' iticatiotis' orl dtawinga; then ENGINEM, shall, define which' ts' Intended to *1 1 '!to, th~i`~brk+~rl! 3.07 UIPMEM MATERIAM COMMUCTION' PIANP&'''The,,COfNMACTOR e[ia11t pr'otlde, alt too , '♦c iipsieht, as i"ty'' l; sater is;7rid tonstruetioh plant and f6d111' ,es necessailyl ii th*' prossoutionA ihd cbmolitiiSn"d'f thb tontlitt;lexc*pt,a'siother• wised i!lcalt amt'lorth'to'.be~pr6Vlded'byFthe OWNER, ~-The;CONTRACTOR,shall be responVible t r'the'~ere;'presOrviti6ei; `o6ttsitVAtl6nj1' And, prbti0tion>Of1~ all matiFt(i111;a'eiippllif,'msohideryi!6461piAftt; tooter}apti1fAtuk; soesksorieso faoilitiest all aeat{s'ot d6nstrubtj6h ' aitdl&hy ond~atlrpa'ftir'df4the,work i~ 1 t whether the CONTRACTOR has been paid, partially paid, or not paid for such work, until the entire work l co~m~~etad'ahd'atcepted. 3.08 PROTECTION AGAINST ACCIDENT TO ENPLOYEE$ AND-rdE PUBLIC, The COMACTOR shall take 'out and procure a pot ley or policies of -workmen's cempensatlon' insurance With an fhaurahee coapshy licensed to transact business In the State of'Takas, which polity shill comply vith the workman+s Compensation Law of the State of Texas. The CONTRACTOR shall at sll:timea,exercise reason. able precautions for the safety of employees and others on or near the work t and shall, oboply. with all appllcablr provisions of Federaly State, and Munlo. cipal safety' laws Wand building and construction codes,;',.All saohinery and Y. equipmeht"and other phyafeallhacards shall be guarded tr.•occordance wlth,the "Manual of Ab4ldeht Prevention, in' Construbtion", bf tha--Assoctated GaneVO , , or(.' ja Contractors of America, except where Incompatible with ?ederal, State, or Municipal lave or rsgulstfofls4~ Mil CONTMMOR shall p'ro%vids such ~machiqery _f guards, Wa'fe'walkways,,,laddsl's, bridges, gang'plAaaw mfo othero safety, deviesa,r,; a,) as may bw required as rsgdisits to the ;prevention bf, b6oidente,. W CONr1ZAC'[OR,ji ) r.~r4) L(i11 ,1113'i;i'S):' t)[f/'Y[!'~hi,4)i1' ~f. Y~`i~fl "~y ~lS!pt"f1;~G« ?JI}'S~RI)_- 9 J ~b ~J'!~1 !'.f .1 i~~(,'fi~ 1"J l'~l~r'll 'J , X111,. -~J :1~~ ~•i J 1~~(':rl i' .f ~4 r9-1-66 68 and his Sureties shall indemnify and save harmless the OWNER and all his officers, agenta,and employees, and the ENGINEER, and his agents and employees from and against all suite, actions, claims, demands or judgsents, of any character, naps and description, brought or asserted against any of them for or on account of any injuries or damages to persons or property$ or damages of any other kind, allegedly received or sustained on account of any negligent act of 'fault of CONTRACTOR, his agents, employees or representatives, or sub- contractots`, their agents of employees, in the execution of said contsect or any bper¢tions 'thereunder, or on account of the failure of any person, firm or corporation to provide necessary barricades, warning lights 'or signs, or to take any other safety precautions. This agreement of indemnity shall ex- tend to and include any suit, action or claim, of any character and descriptions allagedly'ariging out of the concurrent negligence of the CONTRACTOR and/or any sub-contractor, their agents, representatives or employesb,'and the Oi=9 or its officers, agents and employees, and/or the ENGINEER, his agents and employees; and the CONTRACTOR and his Sureties will be required to pay any judgment, with costs, which may be obtained against any party hereby fn- demnif:ad, growing out of such alleged injury or damage. The safety pre- cautlohs actually tak6h and their adequacy shall be the sole responsibility of th+i)b*rRi tTok, fh his sole dikCtetion ab` sn Independent contractor; the inclusj6h''O this paragraph' ih the agreement',' as trail as any iiotice which my be S14i6 by the OWNER' s" kkINEEK' tit 'theli• te,.:bsentative's' cohcertiing 'blsissitli~s undW it ks' pp~ ragrii~h' its Q V' Ott, Orogrbases',` arii ihtendea only as restis!dera to the Coot A,CrOR of S 1b"duty' ln, bld` regard, and bh`sli hot' be'conatitued ds any asgiiepf`f`oki `Of `duty `teiuo4tvli6 safatjr `pY~- autfbilb' by either (thr 'OtMER or ENOYNEIJt:' . 3.09 PERfblt 9 AN VAYt! BONDS`. ° It' is furthdr's¢reed by the parties to this ac thilt' thb ' tlirl l' `execute 's6parata performthdo and payment bonds 4acf[ ifi' the biim of one hundred' (100%) per ce of the tol'l' contract . , 'fori*' for thi's puiel price, 6h' - 's"tSnda`id po se ' gl~srahteeing f•Dlthful' peYformug6e • • of the vorh' 66d'the'fuYt'11ment''bf"Any 'guarsnteea `requl'rodi~ h'hd,further, guaranteeing payment to all persons su'pllyirfjAabor''and 6attltfal's 'or' furbish-"o Ing him,any equipment In the execution of the Contract, and it is agreed that this ConttaCt shell not b0'in affect until such performance and payment 'bonds are fur'hished and approved by the OWNER: Unless otherwise approved In writing by the OWNER,.tbe,surety company under- writing the bonds shell be acceptable according to the latest list of com- panies holding'certilteates of'authorfty from the Secretary of the Treasury of the'Vnited Ststes.' As herein provided for GUARANTEE, the performance bond shall reme1t ' th 'effedt f6i' s period 60 'one'yesY af'~ te1, the da'o of the Certifi+' Cate of'Aoeptanc'e by''the, OWNER. ' ''Ihe' cos't' of the premiumi'for the ,performance and pay6oht bonds shall b'e inciuded,ih the CONTRACTOR'S 'proposal: 3 10 tbtSd FROM AOURAI 'CAOSM i `A`[1 1osi 'oit"daeis'g'e td,'th'ilie&TRAC'TOR " arlsin out [ ® "'o h irork to b'` "done'' 6r+ frost tile'ladflot►'df the elems s''of'Irbdi'Asj A'foresesin oi`rcuistAncea fi"4h4' otecYltl6h'df thb same, o!'0'fr'bi~'idi't J:dif obs'fruc'tloni' 1oKL`di'ff16jItlaa'',Pr diay bd"enCa(iefCerid in the prosecution of the work, shall be sustained and borne by the COf11'iIAOOR at his own cost and expense. 1S 9-1-66 68 ~_v 3.1'1 PROTECTION OF ADJOINING PROPERTY. The said CONTRACTOR shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by' any process of construction to be undertaken under this Agreement, from any damage or injury 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 indp mlfy, save and hold harmless the OWNER and the ENGINEER against any claim or F W ms for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of the contract; but any such Indemnity shall not apply to any claim of any kind arising out of the existence or cha,roctor of the work. 3.12 PROTECTION AGAINST CLAD OF SUB-CONTRACTORS. LABORERS. lfAtERIAI.tN, AND FURNISWMS 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, materlolmep, and furnishers of machinery and parts thereot, equipment, power tools, and. all supplies, tnc~uding commaispary, Incurred in the fur'O'eronce of the Perforponce of this contract,. . When so desirp¢ b~► the O may, iCON-. , TRACTOR, shall furnish, satisfactory evidpnce that 'all obllgitipi}s of the. A'ataco,, , hereinabgvR,deq}gnated have, been,palds di}charges} or,xplveA. ~Lrrthe GOh• a 1RACTOR ,gills, P rq 40; th ,,t =f?~ AMY. a,t t21! Pp P}Pn t'" vn1, either pay directly any unpaid bills of which the OWNER hag written no do ac~ad or withhold from the CONTRACTOR'S unpaid compensation a sum of soneyrdi reasonably pyf1i4}ent to,,1iquidatp.,ppy and all,qupo tsF!f,yl plains ugt.~l asttafaotory, evidiRtce if. Eusttished Lhat, Ail. ,liAbtl.lt*i,041 hewn tNG": MIX A~fI charged';: whereupop payments to the CQKRAjCTQR, si}IMl~ Aq, r4fymoed }R >!lill, ,i<n ; pngl,wikb the tames of thin coptrsot, tout in, no,,pvent I :t4 pro- accord visions aeaten,p, ,be, coMajtrued to, impgse any, pbligalrioq upon the > ! ; S„ OWNER by 4tth4r t" CMR400k, or his. Surety. . 3.11 l'ROT6CTI0N AC,AiNST 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 sulta 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 ,shAli; defend all such suits and glAIgs, and shalI , e responsibls for, all such lpsq, whon a particzulmr design, devLeo, material, or, process, or the produet.of a particulat panu facturer or manufacturers is s;pegifipd ov requirgo by, the q4?= ; p~Qvided,, however, if choice of alternate design, device, material, or process is 4opp x~Iq¢ rive OuN~R i ~ ~ r G0~11tAQT,04 s tft" LC,ONTRA TQR std l l in if allowed harmle;s 4FM sny,:losi wn ccount,ihereof. ~~f tf* puTprkt, or process specified or:r",,Ired ty the OWNER is, an infrtngyser3thf, CONIMA:"t0li,shall be respm Is ,for, such o,4f..up1,4a+,i'e p{4PpCiX $ive4, s40 inforwt1,;,on fo„ , 16 ~I 9-1-66 t 68 I 1.14 LAWS 6ND OA) f;S. The COWRACi'OR shall at all times observe and codply with all ys gvil State and local laws, ordinances end regulations which in any M4Mer attract the contract or the work, and aha#i,}{~dpmnffy and sav* harwleas the OWNCA sgslowt any claim arising from the violation of any such t, r AFdlnance+t► Bftd r•gulAtions, whether by the CONTRAC~II or'his ~o- ployaea, ,kept where such violations are called for by the OrpVldr-fie of the Contrsct Documents, if the CONIRACI(tl,pbserves that,the,plaps and speci- f1crcions are at variance therewith, he shall promptly notify the ENCINEmR in wttisgo and any necessary changes shall be adjusted as provided In the cof tkgoot for chat;rigs in the work. If the CONTRACTOR performs any work knoying At to bs,oan;rm ro,Such, laws, ordinances, rules and regulatf6riss,and without ou*r*.lca to, the''EtfglNEERs he shall bear all coati arising tharetrom. In case the OWNER is a body politic and corporat.er ~ t'hi , lau ~;om s~~ich Ii t der'iyes Its powers, insofar as the same regulates the objects for whlcK', or the-manner in which, nr the conditions under which the OWNER may enter into contract, Shall be controlling, and Shall ba Considered as part of tht' contract', t the'' Sao* affect as though, embodied hgraln. ha'~l 1 3.15 D U E N a Ti} „COtjl'[tACTQk 1rVSthor agrees that 4x ttentloh` iO ,the''f flY - retaln psrannN control ;aqd ~t 1,> e his ";alp Jf1J F meat of this pontract and that he will not ass ,IA, by Power oit,,4i;,~ "F, , , , otherwise, or sublet said contract without the written consent of the' and that no pert qr f*AtuFa.of She work.vill, b4,,pupllat tg; anygzq,Q #ect, n~,- able to the ENRIN;RR pr the Th4: CQNT'M4~ pp;thi ''~'T, ,sv4lett~ing 49,4;Ly:port qq oX ft ure o~it~k X.9 .k wAte Js : the.pqFf wnce. Af th4wicuntrocAt : not r i ~ye,'th~ CO, 0`~'qul eye,' o t r 04i, p . , f l 1 s to; th9OWNS, a; provided by. t P~ y IF oA lg*t14n h}s ASrsemer►t,t;, _ . ~Qp 'i ~ f~~~` apt 3.ib..r.cxnrta►rr01t, Am 14m~~~L4~. The commnce work under this contract uni:ll he has obt'afned all;; ! n~yfake' required under the following sub-paragraphs and such insurance his bean F' *vp ersa,br}t ,4K t.4 j rwrr1 3tu1,r. e.qV 41AI f, yY f P- 9fit t ~oJsa~+•nc~'~r<,,.,,fNb-~4r~F~14~~1 f,ykTct~~~ S';!,.ed .oP94P tl3 d~AS. 3lnea ggyprag4; aa., pqu; rpo,, fora, tw t°^... Jt, , Z' 1 ; T * CQt~~ ~T4 ; shi f Pr uta a ~f 6,811 `ms ip. tain during the lie of this contract workmen's Coml'pensattpn~urace pz all of his employees to be engaged in work on the project under tAs contract and, in case of,,apy sugh work,aub}etl,thm O,Q~l~tACi~it.jhali require the sub- contractor similarly to provide Workmen's Compensation Insurance for all of :St.}. 14ttor's 9 pp}pyags to Pm., mngapd, in, #yc4, works pplpss sup employees are. F.pyate ,by,tom{ prot ct4p „cffor,dgd bx the Fo~trattWs 4orkmen's Compensa- tion Insurance. In case any class of employees engaged in hazardous work on the project under this colt;FCt i~,s~q,t, p~pie~ sd }~1~der the ~aarkmenls Compensa- tion Statute, the CONTRACTOR Phall provide, and sham cause each sub-contractor to Pravl r:.}lie4►1i1t8 p1oY±trls ,Getterel, }ti~b~l,ltyl I Jury? ;Or,," protection of #,.W*. a~. bk*, Asp)P70", not,, oth,prylap, Pr0t"tA,4,;q. -7A ~iEpi~ER~i~.kiA~ ii►>~iiS~C~,. ~d' COMMACTGA shall procure and shall maintain dur'Fng t#ie qif of Ia contract li r: 9.1-66 68 a Contractor's Compribenaive 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 some limit for each person, in ate amount not less than '$300 .000.00 on account of one accident, and Cotltraotorts Property Damage Insurance in an amount of not less than $50,000400 bh account of one accident and $100,000.00 aggregate. The CONTRACTOR shall also furnish Owner's Protective Liability Insuranco, which by express provlslon or endorsement shall also inure to the benefit and protection of the ENGINEER, as separate policies or as a part of one of tfe above mentioned policies or by endorsement thereto, in the amount set forth for public liability and property damage. 3y163 AUTOMOBILE INSURANCE - bODILY INJURY AND PROFtRtY DAMACE07 "'The' CMRACTO 'shall procure and maintain'. durin the life of the Contract, Automobile Insurance in an amount not less than $100,000.00 for A njuries,` Including accidental death, to any cne person and subject to the same limit Apr tech parson, an amount not less than $300,00060 on account of one accident ant automobili property dama$6 iniuranoe ln`an amount not less 3.164 ' ~OPE Of i* lw''AND SMIAL HAZARD. '(,The' Itusurattce'rsqulrid ulnddr t PPbo'e apl►'s' 1 ro' de°ed cuat 'pf!dteoi~ian idr`tWCON?RACTOR ei~d.h1~"'i 6'CptltWidrs;"re obtlOil" agtlteet damaae'olioI*J Alch'[hd3'liilie from opetatloni undei'ih` 6'c ntrict ~rh thei'a~dN"'c~petatibtfs'b8`! ` th~l;ifl~' sured or by snyoh*' directiy'oi 'lndt~actty 6kPI f' d,by'hiia IM+'.ranti' alitt shall be provided agape t spacial hazards, if any, as may be set forth in tY~e' §pe'cl:i Cgnd~tiona ar spebla! Provlllona, af. elaawMri 131 tl~la+irCon- - tract ii Ct mgnte . For'ro t L`Ctb'~ln►oiving'gbrk'`to'b2 p~rfo~ee101thi~l''thl cofporat'a'rlultV6f an ~i„nC ips~ilt ~ ~Ae' ~t'coKtrdctd 41vli*'Sri'pe'iii►e'efts ftudt16ft"(vat er~ )','thy'COI~ti'1~►C'fbR'ikhell'fulsll"itltUtat~C~ sewer, or other or by,addltioraal endorsement to one of the above mentioned policies, and in'thi amounts ¢ublio'li'ibility atld~pcoperLy da",jA, the-- fo~loittng tnshrifcai .(a) iie'eting prior to'any biastin'g tidldg done 06iia'ose o!' buiidif►gs er atruetdt6s adjacent to` exva4at'tbn fif~. 'rJ /v I 1 1 1 (if kscoa'ti+Itiona, arIi't:o be' peltolo6d ad scent t~blobe) (o) Dex&~At',io Undit4rouiid ut,ilitiii:e r ) )J. 1r' t:'. . nog 1.165"' P9660`6F CAiER4 lIGL & IWSAAN' C`k:' 'the C(RRAb'C& ahatti'furntoh, the OS AER with satisfactory pro bf' bdv4tag6' by-1n.`utahe6' required' !h, 6,6#6 i" Cont~Cact Documonts ,ln jomounts and by carriers satisfactory to :he OWNER. Pi add of cf~trla~i of ipiurapoi bj iuli,contract'oes shah aUib bIs,!S ..ishW . !11 .'lt'.i 'e 18 9-1-66 , 63 3.17 GENERAL IND w FICATION: The CONTRACTOR agrees, without in any way limiting other provisions of this contract, to protects indemnify and gold the OWNER and ENGINEER free and harmless from and against Any And all claims, liens, demands, liabilities, penalties and causes, of action, in- eluding but not lih►ited to, the rmounts of judgmente,. penalties, interests, court coats, coats of litigation and reasonable legal fees incurred; by the OWNER or ENGINEER in defense of same, occurring or arising out of, or resulting from the work performed and to be performed by CONTRACTOR here- under, including specifically but without limitation, design and Instal- lation of temporary supports, shoring, bracing, scaffolding and similar items, whether or not occasioned by the negligence, carelessness or want of skill of CONTRACTOR or. his servants or employees$ cr that of his Sub- Contractors or their employees, or in connection with or arisl6tj: out of any deviation from plans or speelfcations even though such deviation occurs with or without the knowledge of the OWNER or ENGINEER, and whether or not such deviations have been called to CONTRACTOR'S attention, except insofar as responsibility, if any, may be expressly assumed by, the OWNER or,ENGINEER under the provisions of.this contract. ft It is~specifioslly agreed bstween the parties exsextin tbte,coptract tbat it is not intended by any of the provisions, of any part. of .,th, coptrac,t to ; create the public or any member thereof a third party beneficiary hereunder, or, to authorize any one not a party to this contract tq p4in",Aq s "it for,'personal injuries or.property damage pursuant to tho, terms,pr provisions of.. this. contract. 1, The duties, _obligtations ;ago. s.aspogsibt} p! 0. that,,,; . parties .to,this contract with respegt;to ;.tbi;d, pArties 4e44l,l,,,fjegp,i,ok14E ; Imposed by law. 3.18 M ARAM E; sThe oOWMCTOR shall guarantee the work 4gatget,1a*lurq or slalfunetion due to defective materials, or work*a9sbip ;fo;;,a _paxigd ,Qf . one year from the dateiof -the written Cortificava of ACgept4oc94oi.thq,OWX2R. Where ths:OONTRACTOR is required to, procure, aud.furnish,,.Axtilgiea.m444fegtored by others, the, ataadarbtwarranty .ifsanyi,oftthe,WulacturarIthpregf;otha11 be delivered to OWNER by CONTRACTOR in form to insureto OWNER'S_bgAefi,to_,,, ;--niis guarantee .will,not apply ,to,defacts of any materials or tquippant fur- nished by .the OWNER to the CONTRACTOR for 4nsiallatio4i b'P.wevsr, ,the guarantee will apply, tto', any. def acts io,workmaoship.in tha installati9n:by the CONTRACTOR of such materials orfequipment. ' I'., , f t When'defective, material and,vorkme+nship are discovered, *Xl ragairgd repairs 1wi(shall be made:by the,CONTRACTOR at.his,.own expense, Such,repoio shall be initiated within :five (S).days after.written npti¢e:of;>auah;defpcCs has been given by. the OWNER and the work of :the repelcs;spal),pgq~e4d:With..41epatch so that the,repairs ,.wili:be.couplet ed within-,A,raAsoAi~~~le:,lAlgS~t9#,,ti 4.q,4 , Obould the CONTRACTOR fail to initiate the repairs witbin,fiva,(;) 4aygag4Afr;sgitten notice or should he fail to complete the repaira within a reasonable time, the OWN1R,xay bake the necessity, repafxs.and ck+•w~ "a4. i with all costs inc sred~ thersfos,, ; . [1I tJ .11'1.7f11!i4 !'n1J jfTl 4- 10 t) I10111~q V In -SC, 1'.z. l,en )It ~I;1 li.iJ 71.'t1 ~ ! 1✓; !7 orij "o 7°,',;r) vJ 6-.*Cj o1$ ;0 h Cow As r, part of this guarantee, the CONTRACTOR'S Performance Bond shall remain in uffect for a period of one year after the date of written acceptance by the OWNED. 19 Rev 7-10-b8 M 4,14 WAIF RAIES4 The OWNER in accordance with statutory requirements has determined a general prevailing rates of wages as applicable to the project, and the CONTRACTOR g1i111.1. pay not loss than the rates of Vegas so determined. A copy of the schedule of prevailing wage rates as established by the OWNER to included as a part of these Contract Documents. 4. PROSECUTION AND PROGRESS 4101 TIME AND ORDER OF COMPLETION. It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the CONTRACTOR shall prosecute his work at such times and seasons, in such order of preced- en;%4,'and In such manner as shall be most conducive to economy of, construe- 0.1 provided, however, that the order and the time of prosecution shall be such that the work will be substantially completed as a whole and in part, in accordance with this contract; the plans and specifications, and within the time of completion designated in the Proposal; provided, also that when the OWNER is having other work done, either by.contrAct or by his own force, the ENGINEER may direct the time and manner of constructing the work done milder this contract, Ao that conflict will be avoided and the oonstructiorl of the various wo'rkn being done for the OWNER will be harwonised: 1 t The VOMRACTOR Mall. subdit<, at such tlaws as may" reasonably be requested / bli the 'ENGINEER j ' schedu`144 which shall 'ahlo the order in which'the CONTRACTOR pttbo6idd t'& ftiiy'OH Vlid V t9i1'liIVH dACdd 4%t' VhIdh tHd CONTRACTOR will, start the 94v8'til'Osit'g''of thehork,` acid ostimatrd date: 'of acepletion, df,the ! , several parts. Iiit1,ln del*n'(7) days' after the end of such calendar month,: the CONTRACTOII shill report'in Writing'to the ENGINEER any dall chimed to be unsuitable for "*atkitiN. ''Within{ s6v4z'(7) 'days thereaftsri,the' ENGINirA shall agree,. or ' ; , ' "j 'dieajr" in writing4a1 to'vfiether the time'olsiv" as not sultAble, for t + 'MEit°kidg shall bet do >!soognis4d 'and,the ItNGI.NEZR$S•d6clslon, shall ,be final anG3b[ndirtgi; 4.02' EXTENSION OF 11NEG, Should the CONTRAVTOR be delayed in the completion ~'of'the tidrk by sn aot'or neglect of the OWNER or ENGINEER, or of, any e'+. "I41dYeas df atthor jdr-by~other conCractoraf employed by the OWNERyior by Changes ordered in the work, or by strikes, lockoutsi'fires, a"d unusual delays by common carriers, or unavoidable cause or causes beyond the CONTRACTORIS 'control; or by any cause which the ENGINEER may decide justifies the` delay, th*A'an extension 'of "time shall be allowed for completing the porkg suff:..aent td ooaiipensate'forlthd delay, the amount of•the extension tolbsldetermined by'the'tMINMI pr6vlded0: however, that the CONIRACTOR shall give•the 1tNAG(INFER:n6tt64i}in!writins -of the'oause bf'such delfy'withtnitgnl(I0) days 11`7~~rrdot~idbeptlo~f bf ~aueh'delali.'-' lf.. ~1 t11.} i:7 ,,1 j~'ipl, .i L.i ..!1 14'+03' l1IM)RAMdM 'AND'DEUYB. ' lWi claims shall be made by the CONTRACT'OR.for damages resulting from hindrances or delays from any causel(except where the work is stopped by order of the OWNER) during the progress of any portion of if tl.l'.1')7 I.[1,1i., fS }i 1 i'rRw-%r,l 1 Y~i ../1 '.C'.{ i1P • _li... i 1 i', '1 l:'. Y'. 'r 'Ir:l-.)'i, 0, ! Y1114 1', .j'.. i . 1' •'I' r1;. Ii' )S 7ri} f!. Ii •t 20 'wi l . I 1 C~i~1-fi["t yii( 9.1-66 68 i the Mork aabraCed in Chig contract. In case said work may be stopped by the Oct of the OWNER, then such expense as in the judgment of the, ENGINEER is caaus.ed by such stoppage of said work shall be paid by the_OWNER to.'the Cbk RACTOR. 4.04 LIQUIDATED OMIAGES. The COWRACTOR agtped 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 withhcld permanently from the CONTRACTOR'S total compensations the amount per day given in the following schedble, not.as a penalty, but as liquidated damages and for added expense for engineering supervision, etc. In connection with the project: Aswunt Amount of liquidated Qf cgatract Damages Per Day i $ 100,000 or less $100 1000001 to 500,000 150 5009001 to 100009000 200 1 000,001 to 2,49Q ow, 300, Over 2 ► 000 9,000, 6Q4 s.~. ASuR JrHT AN4 yA 5.01=_ TIES da ff&UlRWS* No extra or customary measurMents of any kind will be allowed, but the actual measured and/or co►spute6 iangth,' sr,64 solid contontsi number, and weight only shall be coiui¢yrgd' u~~gss othorwisg sp4ofioally proyiaa¢. ; 5.02TIEIATBQ QUIINTITIFS. Th1q agzlementspc1Nyl~ng .t;hl peCif lcattone,, plgqw,aad ♦ot.isatei is :$ntesidod tq:,sh, a+ clearly, sC1! ,p,4 cone ,and matsrial;.to be (.1► ►1ahe4 hsrsun~er,.. where :the.4st1A'a,t ;1.g~ont, t~es;are phown foss,the,varlous,cla4444,of,vo3ZC,,to be,:g°nptaqgtp*te }e .tQ~po p ah d under this oontraot, they .g re .ppproa5lpato, and Pt4~t,o_bs!4~etr"Jr fiiy .a~s~g liaii~ Ear estimating th4.probablp;cogt of the work, d,°F Fgt 1 h~ prpposa'ls ollersd for ti q works It ig µiiderstggd qn a~req{~ ; e gGti~a !pg4p~ work to:b* 9a19 at14 ►tpFlgl to,0p fvrn stSed uq~4r.thi~~CPr}t;pct quay d4 far , avawhAz:.lrQn lhe4e,ggciqq4cear¢.thl,t .~fipFl!,t a„p~a1f fo ,:Pfyr, t 4140 • contract is the unit price method, pnysent,.gt all bp, for t,44 actrgj, oniouo~ of, such work done and the material furnished. Where payment;is "sad o the.,4ni.t price Afthggs thQ,CgR*CT" s$rpAs.that e Kill:s►iks no alai*.(or,0&p4gaas Anticipated prokits or,othoF)#Joe on,sccounk ~f any dltisrsaaaaiKttAeh.nAY: tRVtt4 bgtHeg~l,the g440tltles, R ,,F9rk AaxW1tY the the neteri$l actu4llY!tu"Atbg4 44der th1oiF'on5rpot ~l4~sit, 'les O% i contemplatpd,aad,opntfJ4o4 in the proposglj pi4ylo,d;,h 4Y4 9,ts ttod c 00" t he actwl gvanttti►: 0! snY,itAA,shRH1Q becpgy.~ls.,s}HFh:,gs, 2S ;4A~ , thl0~, 9r:; i is than the estimated or contemplated quan;J;;,tor ggph ltq~g,~,thg:} a thor, AarfiY 21 9.1-66 68 to oia.Agreements upon d"Und, shall be entitled to a revised consideration upon the portion of the vock 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 York".' 5.03 PRICE OF WORK. In consideration Of the furnishing of all the necessary labor, equipment and material, and the completion of alV 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 lit' full fo:• furnist.sng 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 PAYM$NTS. On or before the 10th day of eech month the ENGINEER shall prepare a statement showing as completely ab`practicablV the total value of the work done by the CONTRACTOR upp to and including the last day of the preceding month; said'attemettt shall also include the value of all sound materials delivered on the site of the work that are to be fabricated into th4 'riko' 'l'h4'CONtR ahatl thin the' C6N'l'OAL"f A 6h or befott the'13th' day'of the' current month the total amount of the ENGINEER'S ststemetit I*46 10'ptr tent- of the amount thereof, which 10 per cent shall be retained until final payment, and'fufthe0` 1 as All''prei46'44 priyments and'all further'stmsi that A6 .;b4. ' retginbd byi 4 OWfOTR''~}ndes: the 'meld of "thid Agreeaiedt It '1b''tMd*k6toe4 j Ili ho iSive thAYL '49at Zi61e MdrK"b6` ail tbscompletlon- attd saint udi a I reu~6 Jid'4ud~a~'d~~ey''doc'v~'s"dii6'`~'o fio'laUi'r~or''4~.igl~tz'oti"ttie'lfar!~'oE'~, the ~'~NTAAC'TCc tZ~i~ WAR taay,<-"up~nIwriItt4WIiNd6ti"ftdktioii 'o'f the EMINE] 41.; ~ CdNpsyy q'>`easdz 6lai anQ dolt bl!''Ooition of tb~i retained`'pefdetitage'tb'tNti °i Tit '000 oil the CaN ~tACTbR t 'sE tfi`s b4iNl;R(g''opt I6n i May `b*', ralloVbd 6f ' h ob~l~al-OA tb ralgi complete the work'snd,'thaiteupdn the CONTRACTOR f ilk psymaific Wffie bsla'rice due hie; under the `contredt subJedt only t~' the 6ofidltf6nat atetaid'uh8ei 1691nsl NymenE" 5.05 USE OF C MPLE M PORTIONS. The OWNM shall have the right to take pos essid d ill 'ull ' My ` tdup etid or ¢aiaiilly compiei!'ad° pofttiotls oft tha , r,. I'wprk notwlthstatiding` tfib ti*4' for' comoletfhg the ent!r#, wolrki bf such 'portions : ! X bt` '6~►e"'itpire1 1 it t such takiftg pdssesblon and use shall, not be ~deised d~►'~l~Ni 'dno4 df''ady w61k A6t `completed ln' adcbrdaeti' witfi 3 thb Contract Doedl 3~t 3 f~r ! slich~ pit~df Gee TkcrdiiSies this rbYt 'tif di• aeiigi"'thei,tibrk ~ tfie CONS C'TOR`sha'lY''De'eft`titiid'to 4tl6h"6xtra cdm04hastibnj'or'exten*16n oLtime;' " "tiAh 14 thia'ENG14t kR ,qty Tho CONTRACTOR shall notify the ENGINEER when the contract is "substantially completed" and the ENGINEER shall forthwith advise the CONTRACTOR in writing t. 22 9.1-66 68 of any work undone which in the ENGINEER'S judgement should be done, if any, in order to substantially complete the work. The "substantial cock,)letion" of the structure or facility shall 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 CQeLMION 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 anu within said tise, 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 reauons for non-acceptance. 5401 FINAL PAYM-7. Upon the issuance of the Certificate of Completion, the ENGINEER shall proceed to make final measurements and prepare final statement of the;value,of a11,,Vork performed and mate+;ials fyrniahed,uade,T.the;terms of ;be dgreement.and, within 25 days shall fP;tlfy same to. the OW4.0 who not lator, than 35, days after tbe; date - of tht,. CWificfte of. Cosplot qq 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,t4Js OA.tva.Cti apfl.said payment,ehall becope.dye,iP spy event upon said, performance py the CONTRACTOR. ,pleither.the, Certificote of AeCeptepce P9r the final payment, nor any provision 4n.-the Contract Documents, shall, reliove the. CONTRACTOR of the obligstioa for .fulfill"Pt of aay,: warranty which may be required in the Speoial CoWitions,of.tbe Specifications. . SOB: , JAYl1El S WIT HELD. The OWNER say, on #S"gpt. of pubpequeatiy, discovered evidence6 vitbbold or, nullify: the whole or, port; of: the: certlftote'-. t9, such extpAt *a tray be:nrsessaty,to protect himself,fTop; lose .oP aCcowi of; ~ :J(i6 n~IC t Erie.. h;7 .'I.I. [ i. LI1 f.. llt: yiie,• (a); Defective work nqt remedied. (b) Cl" .filed or reasonable evidence indicating , rrt 1r,. probable filing of claims,; (c) Failure of the CONTRACTOR to make payments properly to;a,uh-contractors or for material or,4bor. Dwgsl-to: another contractor. When the above grounds are removed, or the CONTRACTOR provides a Surety Boni satisfactory to the OWME>t, which vil) prptfct:.tee 9y01Pit 1p the;:. osz9, pt, with- held, payment shall be wade for amouats; withh91¢ beeevse; of, the*.,,, 5.09 pj;lAY~ ~AYlHu- $bQU14 the. OWNER fall to make payment to the CON- TRACTOR Pf the am:Pamed,in may, partial or final,ststee►sat, when payment is tev 12-1-67 23 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 (6X) 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 Payacnts", at any time thereafter to treat the contract as abandoned by the OWNER and recover compensation, as provided under "Abandonment of Contract", unless such pay- ments are withheld in accordance with the provisions of "Payments Withhald". 6. CHANGES IN THE WORK AND CLAIMS 6.01 CHANGE ORDERS: Without invalidating this Agreement, the OWNER may, at anytime or from time to time, order additions, deletions or revisions to the work; such changes will be authorised by Change Order to be prepared by the ENGINEER' for execution by the OWNER and the CONTRACTOR, LTne Cheng2 brder shall''ser' forth` the basis' for 'any change` in'corttrsct' pfidt, ab het2itlaftat set forth for'Extra'Work.,and any change in'contratt`time which aay'rc`13ult'from the chains. In the event, the*CONTRACTOR'shill"'refuse to oxecute a Change Order which tAs: been prepared' by thb' ENGINEER''aild' eiecut'ed ,by the OWNER the OWMi ttta~ ' iu writing'instruct''the~CONTRACTOR~to'proceed with the work'ab set fo'tth in'the Change Order and' the CONTRACTOR may'aake'elaim against'-the OWNER for txtra', .Work'invblved therein,,, as'hwreinafter provided'. `6:02 " MINOR CfWVGES s ' , The ENGINEER may authoritre minor changes ittAh't! v6rk not inc isteht-irit the''overali idtent of 'the Contrakwbocumentk midinot>i"` volving 'sh=it, Ae is CoftirdetlP}ite:.* If the! CONTRACTOR ibelielrea,that ally, minor change or alteration authorised by the ENGINEER involves Extra Work and entitles him to an increase in the Contiatt,Pricti!lthe COKTRACTOR!shinll make written request to the LNGINEER for a written Field Order. In such case, the CONTRACTOR also shall'hdviale,in-VTtint t'it! OWNERIof hissk6quest`to tfie ENGINEER for a written Field Order and that the work iavblvbd-say4 result in an increase in the Contract Price. 6.03 EXTRA WORE': It to agreed that,tha basis of competsation'totthe CON- TRACTOR for work either added or deleted by a Change Order or for which a claim for Extra Work is made shall be determined by'one orlmore of thefollow- ing methods: Method, (A)~l By agreed,uhit ptieeataor Method '(SI' -'By, egie4 lianj 6r Method (C) - If neither Method (A) nor Method ~B) tie agreed upon before the' Ei Erh 96ik, is toe&>ield, th4ftlhi CONTRACTOR' ~ t ,shell;bb1pild'•thin"act(Al'ifielditoat'titof theclobr'ki fifteen (15X) percent. Rev 12-1-67 24 MR In the event said Extra Work be performed and paid for under Method (C), then. the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the coat to the CONTRACTOR of all workmen, such as foremen, timekeepers, mechanics and laborers, and materials, supplies, teaas, trucks, and rentals on machinery and equipment, for the time actually employed or used on such Extra Work, plus actual tramnortation charges necessarily incurred, together with all power, fuel, lubri.gnts, water and similar operating expenses, also all necessary incidentai expenses incurred lirectly 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 oa 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 E>;GINE$R. The 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 upono the prices for the use of machinery and equipment shall be determined by using 100 percent, unless otherwise spscified,,of the schedule, current at the time of such use, of.Equipment Ownership Expense adopted by the Associated General Contractors of America. Whew practicable the terms and prices for the use of machinery and equipment shall be.incorporated in the written Change Order, The fifteta (152), percent of the "actual field cost" to be paid the CONTRACTOR, ohall cover and compensate him for bis profit, overhead, general superintendence and field office expense, and all other. elements of cost and expense not. embraced within the "actual field cost".as herein defined, save that where the CONTRACTOR'S • Camp or Field Office must be maintained solely on account of such Extra Work; then the cost to maintain and operate the same shall be included in the "actual field cost". No elaim,for.Extra:Work of any kind will ba:xllowvd unless .orderedAn ;writing by the ENGINEER. In case any orders or lnstru,tione,,sither,or$1,or,vritten, appear to,the CONTRACTOl to involve Extra work for,whicb ha,ebould Teteive compensation or an adjustment in the construction thee, he shall.wakg..vrittea request to the.ENGINEER for written order,authorikiag such Extra Work;and he shall advise the OWNER of his tsqusst to the VNGINXER. $hood a Olffgtreace of opinion arise as to what does or does not constitute Extra Work, or as to the payment-thetefbti., and the ENGINEER insists upon its perform*nce,,,tbe CONTRACTOR shall proceed vith;chp work after taking written rpgveat for written order sod shall keep an accurate account of the "actual field cyst" thereof# as provided under Method (C). The CONTRACTOR will thereby preserve the right to subuit the matter of,payment,to:arbitration# as herelabelow provided.., 6.04 TM Qf FILING CLA1Zt is further agreed:bri both,partisa,bergSo,op-ti all queattotis of:dispute or adjustment, presented by the CONTRACTOW 0*11:be in writing and filed with, the ENGINEER,wlthits fifteen .115) Jaya; aft* r, tb4 XNQiMFJR has given any directiow,r,order! or lama ictioa te, wblsh; t11e QONTMCTOR. ; deq;rem to take exception. The ENGINEER ahal'L, within fifteen (15) days, reply to such written exceptions by the CONTRACTOR and render his final decision in Rev 12-1-67 25 n; "y 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 ten (10) days after the date of delivery to CONTRACTOR of the 7NOINEER'S final decision. It is further agreed that final acceptance of the work by the OWNER and the acceptance by the CONTRACTOR of the final payment shall be a bar to any claims by either party, except where noted otherwise in the Contract Documents. 6.05 ARBITRATION. All questions of dispute under this Agreement shall be sub- mitted to arbitration at the request of either party to the dispute. The parties may agree upon one arbiter; otherwise, these shall be three, one named in writing by each party, and the. third chosen by the two arbiters so selected; or if the arbiters fail to select a third within ten (10) days, he shall be chosen by a District Judge serving the County in which the major portion of the project is located, unless otherwise specified. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, his rights to arbitrate shall lapse, and the decision of the ENGINEER shall be final and binding on his. Should the other party fail to choose an arbiter within ten (10) days, the ENGINEER shall appoint such arbiter. Sbould either' party refuse or neglect to supply the arbiters with any papers or information. demanded in writing, the arbiters are empowered by both parties to take!ez parts proceeding. The arbiters[ih.11`act with promptness. The decision of any two shell be! binding on both'partieilto the contract. The decision!of the arbiters upoa,.; any question submitted to arbitration under this.contract shall be a condition precedent to any right of legal action. The decision of'the arbiter or arbiters may be filed in court to carry it into effect. 7. ALUMNKENT OF CONTRACT 7.01 ABANDONMENT By CONTRACTOR. In case the CONTRACTOR should abandon and fall'ut ref eitw resusa work within'tew (10) days-after:wvitton notification" froW the OWNER 'or'the ENGINBtR,L,ot If the CONTRACTOR fails~to temply-vith!thd orders of the.ENOINEER,o when such oidera,are consistent with the Contract ,;;I Documents, then sand In-that case, where performance and~oayaent bonds exigtCo the Surety on the bonds shall be notified in writing ind'direeted to complete! the work;'AhA a copy of said-notice ihall'bs delivered,to'-the CONTRACTOR. After'receiving,aald notice of abandonment, the CONTRACTOR shall,not remove fromithe work 4hy ast.hinery, equipment$ tools; materials, or`supplies then . on the job, but the'same, togethe.t with any materials and equipment under'`,i' contrsou for the work, may be held for use on the worl• by the OWNER or the Surety on the performance and paoant bonds, or another contractortin com- : ; pletion of the work; and the CONTRACTOR shall not receive any rental or credit thetefor:(lxcept whets used'in-connection With Extra ilbtki where"credit shall be allos+ed as provided fot under Section'61 Changes,Zn-the Work, andIClaiaa)',',It ,btifig the use of such equlpmeat add mAtefiale! will ultimately,, reducethdr66 tatohcemplete'the wotk and be reflected.la,the~fieal!settlementi Rev 12-1-67 26 o-i Where there is no perforosan%:e bond provided or in case the Surety should fail. commence compliance with the notice for completion hereinbofore provided for, within tea (10) days after se nice of such notice, then the OWNER may provide for completion of the work in either o` the following elective uannerst 7.011. The OWNER may thereupon employ such force of men and use such ma- chinery, equipment, tools, materials, end supplies as said OWNER may deem necessary to complete the work and charge the expense of such labor, machinery, equipments tools, materials, and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out of such moneys as nay be due,-'or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement. In case such expense is leas then the sun 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 cuffs 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 CNNIZR; or € 7,012.: The OwhiR, under salad bids, after five (5) days.actics published one or more tines in A newspaper having gonbral circulation in the county of the Iobatioa s! the work, may lat the contract for the.empletioa of the:work under substant(ally the same terse and conditions wbich are provided in.thle-con tract. (R case of any toaressse in cost to the VWNER,under-tb•,aew_4r:oncract:es comparsA to what Mould have been the cost under this:contrset, such increase shall ka bharged to the CONTRACTOR and the Surety shall be and remit bound therefppj Howevars should the cost to -complete :any'. sacb new contract prove to. be leas than what would have been the coat to complete under:thiscoatractj the CQN'{K"jOR and/or his Surety shall,be credited.with the difference._ When'tht work shall have been substantielly:cospleted+ the CONTRACTOR,and his Surety `hall be so notified mad Corti fidates,of,Cosplatioa and AtceptatGtes:asi- prcvida4 is paragraph 5.06 herainabovs{isball be issued, A couple toiitemigod: statement of the contract sesousts, certified to,by:the ENGINEER ao,beiag _ correct, shall then be prepared and delivered to the CONTRACTOR and his Surety, whereupon the CONTRACTOR and/or his Surety, or the OWNER as the case may be, shall pay the balance due as reflected by said statement, within fifteen (15) days after the date of such Certificate of Cenplation. In the event the statement of accounts shows that the cost to complete the work is lees than that which would have been the cost to the OWNER had the work been completed by the CONTRACTOR under the tome 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 shall be turned over to the CONTRACTOR and/or his Surety. Should the cost to casplete the work exceed the contract price, and the CONTRACTOR and/or his Surety fail to pay the amount due the OWNER within the time designated hereinabove, and there remains any machinery, equipment, tools, materials, or supplies on the site of the work, notice thereof, together with on itemised list of such equipment and materiels, shall be mailed to the i . I. 1.•67 27 i 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 sailing, or other giving of such notice, such property shall be held at the risk of the CONTRACTOR and bia 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 Nell such machinery, equipment, tools, materials, or supplies and apply the r.et sum derived from such sale co the credit of the CONTPJ1t`TOR and his Surety. Such sale say be made at either public er private sale, with or with- out notice, as the OWNER may elect. The OWNER shall release any machinery, equipment, tools, materials, or supplies, which remain on the wor"-: and belong to persons other than the CONTRACTOR or his Surety, to their proper owners. The books on all operations provided herein shell be open to the CONTRACTOR and his Surety. 7.02 ABANDONMENT BY OWNER. In case the OWNER shall fail to comply wit' the terms of this contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the CONTRACTOR, then the CONTMCTOR'may suspend or wholly abandon the work, and say remove therefrom all machinery, tools and equipment, and all materials on the site of the work that 'gave not been included in payments to the CONTRACTOR and have not been wrought into the work. And thereupon; the ENGINEER shall make-an .estinate of the total amount earned by the CONTRACTOR, which estimate shall include the. value of all work actually cospletad by said CONTRACTOR (at~the prices stated in the attachedrpropo:^i.whore unit prices are used), the value of.allst partially completed work at a fair and equitable prica,tsnd the amount+of_ all Extra Work performed at the prices agreed upon, or provided for by the terms of his eoutiact, and a reasonable sus to cover the cost of any pro* visions made by the,CONTRACTOR to carry the whole work to cosplation and whicb,cannot be.utilised. The ENGINEER shell then make final s.atement of the balance daatthe CONTRACTOR by deducting from the above:estiss m all pre- vious payments by the OWNER, and all other sums that may be retained by the iMl Under the: terms of this Agreemetit,:and:shall cettify,Isaac, ito the OWNER, who shall pay td the CONTRACTOR,ion orlbafors-thirty•(30).days>afrettths date of the notification by the COVTItACTOR; the.balence!ahowu'by;ss.(d:ftnal atata went as do* the CONTRACTOR'anddr the terms of. this Agreement. 4, END GESSRAL CONDITIONS titlf r. rl~ !fir I~,. 't +ll..i ,6',7 'i![ ,11 i f 'r t2i ..•I fig ~~VL { t Rev 12-1-67 28 DETAIL SPECIFICATIONS 1. SCOPE OF THIS CONTRACT The work to be done under this Contract shall consist of the design of the process; preparation and furnishing of shop drawings and piping and electrical schematics; furnishing and installing of all equipment, piping, wiring, and instrumentation; painting all equipment and piping; placing the system into operation; and training of the Owner's personnel in the proper operation and maintenance of the facilities. 2. SCOPE OF WORK BY OTHERS The work to be done by others in connection with the Sludge Processing System will be the construction of the building in which the equipment shall be installed; installation of lighting, heating, and air conditioning systems In the building; installation of all vicar, fuel, chemical, electrical, and sludge lines from their point of origin to a point immediately inside the building; sludge grinder and storage of sludge upstream of this process; sludge drying beds to receive the products discharged from this system; struct- tural concrete foundations for support of the major equipment components (not included are miscellaneous piping supports, valve supports, etc., which may be necessary); and finish field painting of all architectural components of the building. 10 COORDINA jO OF WIOQK It is expected that a contract for construction of the Sludge Processing Building and related piping and utilities will be awarded concurrent with the award of the Contract. This Contractor will be expected to work closely and harmoniously with the Building Contractor- to the end that all piping and conduit stub-ups, concrete foundations, anchor bolts, etc., are installed in the most suitable location for the equipment to be connected thereto. This Contractor will be expected to make a thorough review of the Plans and Speci- fications for the Building and related components to be constructed by others, and to advise the Engineer within thirty (30) days of the date of award of contract of any necessary changes in location of the various facilities. 4. SYSTEM DESIGN CRITERIA a. Gourd: The system shall be designed to process a mixture of raw sludge produced from Primary Clarifiers and paste accivated sludge produced from Final Clarifiers in a conventional acti!,ated sludge sewage treatment plant. The sludge will be passed through a Dorr Company Sludge Grinder and stored in an existing sludge digester immediately upstream of the sludge pro- cessing system. The sludge grinder and piping of sludge to the sludge pro- cessing building will be by others. The sludge processing system shall be Zimpro Wet Air Oxidation Proress, as manufactured by the Zimpro Division of Sterling Drug, Inc. 29 b. System Capacity: The system shall be designed with a capacity to receive six (6) tons per twenty-four hours, continuous operation, of raw primary-activated sludge containing 75% volatile solids and with 32 total solids concentration. The system shall be so designed, however, that sludges of other concentrations and characteristics may be processed. c. Operating Characteristics: The system shall be the low pressure oxidation type, and shall function as a sludge conditioning process through a combination of applying heat, pressure, and compressed air to the sludge. Operating pressure of the system shall be 300 psl.g. Natural gas will be brought to the building by others for a fuel supply. d. Processed Sludge: The effluent, or processed sludge, from the system shall be discharged through piping to be constructed by others to the Owner's existing concrete bottom sludge drying beds. The sludge shall be a sterile, non-putresible residue, and shall readily drain and dry to a spadeable condition on the existing drying beds. S. SYSTEM COMPONENTS a. General: All components of the sludge processinb system snail be new, shall be constructed of the best quality materials, and shall be specifically designed for the purpose for which they are to be used. Equipment and materials shall be installed in a workmanlike manner, in accordance with the manufacturer's recommendations, and when installed, shall be in good operating order and properly adjusted. b. Process Air Compressor: The process air compressor shall be a multi- stage unit with single or double acting cylinders. The :ompretsor shall be furnished complete with intercoolers, cooling jackets, ai: and cooling water piplog, intake air filter and silencer, belt guards, and other standard com- pre o or accessories. The unit shall have an actual capacity of approximately 94 9CRM at atmospheric suction, or two units with an approximate capacity of 47 MUM each may be furnished. Electric motors shall be suitable for operation an 460-volt, 3-phase, 60-cycle service. c. Y.igh Pressure Pump: The high pressure pumping unit shall be a two- cylJnder, alternating, hydraulic pressure exchange diaphragm type pump, with a capacity of 33 GPM of sewage sludge. The unit shall consist generally of an oil reservoir, oil pump, oil cooler, two pressure cylinders with neoprene bag diaphragms, suction and discharge ball check valve assemblies, and a control system. Plow capacity of the pump shall be infinitely variable over its entire range. The pump shall be a Zimpro Model ZHP-3.5-33, or approved equal, powered by a 10-horsepower electric motor suitable for operation on 460-volt, 3--phase, 60-cycle service. d. Centrifugal Pumps: The sludge feed pump shall be a centrifugal pump of all iron ccnetruction, with oil lubricated ball bearings, directly :oupled to a 7-1/2 horsepower electric motor. a 30 • I The solvent pump shall be a centrifugal pump of all stainless steel construction, with oil lubricated ball bearing, directly coupled to a 10- horsepower electric motor. both electric motors shall be open drip proof construction, suitable for operation on 460-volt, 3-phase, 60-cycle service. e. Boiler: The boiler shall be a package type, gas-fired, water tube unit, rated at 40 boiler horsepower, with a thermal output of 1,340,000 BTU per hour. All auxiliary equipment shall be preconnected and moue,-d with the boiler on a substantial base plate. The boiler shall be equipped with a 3- horsepower, 460-volt, 3-phase electric motor, with V-belt drive to the blower and pump. The unit shall include an attached instrument and control panel, and all controls and safety devices required for safe and satisfactory oper- ation shall be installed. A suitable water softening system and boiler head tank shall be provided for separate installation. f. Heat Exchanger: The process heat exchanger shall be one bundle of concentric pipe U-bend units, fabricated of stainless steel. There shall be sufficient heat transfer surfa.:e to raise the incoming sludge and air mixture temperature from 600 F. to 310' F., utilizing heat from the Oxidized reactor products. Material and workmanship shall meet the requirements outlined under Paragraph Sk, "Piping", of these specifications. The heat exchanger ahall be installed outside the building, adjacent to the Reactor, and shall be mounted on a self-supporting base designed to resist 100 MPH wind loads. The oxidized sludge cooler shall consist of stainless steel coils suspended in a carbon steel tank. The tank shall be fitted with suitable cooling water inlet and overflow connections. The unit shall be capable of reducing the outlet temperature of the oxidized sludge to 1100 F. g. Reactor: The reactor shall be constructed of carbon steel clad with stainless steel. The vessel shall have suitable openings for inlet, outlet, and inspection. The reactor shall be mounted vertically on a self-supporting base designed to withstand 100 MPH wind loads, and ahall be provided with insulation rings. Design and fabrication shall comply with the ASME Code for Unfired Pressure Vessels. The separator shall be fabricated of carbon steel clad with stain- less steel. The unit shall be equipped with openings for mixture inlet, vapor outlet, liquid outlet, inspection, level controller, and drain. Design and fabrication shall comply with the ASME Code for Unfired Pressure Vessels. h. Solvent Tank: The solvent tank shall be a closed cylindrical tank containing sufficient solution for cleansing the heat exchangers. The tank bottom shall slope. It shall be constructed of stainless steel and fitted with a stainless steel cover for the addition of chemicals. Inlet, outlet, drain, and overflow openings shall be provided. 31 1. Mgtor C2a,rigl Center: The motor control center shall house the motor starters and circuit breakers required for the Zimpro equipment. It shall con- slat of free stand sections, 15 inches deep by 90 inches high. All equip- ment shall conform to NEMA Class I, Type A standards, and applicable local codes. The electrical service shall be 3-phase, 60-cycle, 460-volts. Motors 1/2 horsepower or less shall be 220-volt or 110-volt single phase, 60-cycle, larger motors shall be 3-phase, 460-volt, 60-cycle. J. I t u a tat : A free-standing instrument panel, approximately 40 Inches wide, 4 inches high, and 15 Inches deep, shall be furnished and in- stalled. All instruments necessary for control and operation of the process shall be front mounted on the panel. They shall include: Electric Clock Process air pressure gauge Reactor pressure gauge Separator pressure gauge Steam pressure gauge Instrument air pressure gauge Cooling water pressure gauge Ten point temperature recorder Alarm light and horn circuits fort High Temperature Low Temperature High Separator Level Supplementary fled mounted instrumentation shall Include pressure gauges installed at the discharge of all centrifugal pumps and at other locations desirable for operstion of the equipment, two field mounted temper- ature indicators, end a system to automatically actuate the stand-by level control valve in case of high liquid level in the Separator. A float-type 'ievot controller and a pressure controller shall be provided. The controllers shall monitor conditions In the Separator, and shall produce air signals to the level and pressure control valves. A pneu- matiq temperature controller shall be provided. The controller shall monitor Reactor temperature, and shall produce an air signal to the steam control valve. Control valves are described under Paragraph 5(1), "Valves". An Instrument air compressor and air receiver stet shall be furnished and installed. The compressor shall be mounted on a horizontal air receiver, and all necessary pressure controls and sAfety relief devices shall be in- cludod with the apt. 'The compressor shall be an air-cooled, two-staSs unit. It shall be driven by a 5 horsepower motor through a V-belt drive, k. Wii I A1} piping ipatallgtion shall be performed in a workmanlike manner, !reefed to accurate lines, grades and pitches. Piping shall be supported as 32 shown, specified or required. All work shall comply with applicable local and state codes. All welding shall be done by certified welders and in accordance with National Welding Standards. All piping containing sewage sludge, mixtures of sewage sludge and air, oxidised sludge and vapors at the design pressure, shall be stainless steel ASTM A312-TP304. No pipe lighter than Schedule 10 shall be used. Fittings used with this pipe shall be ASTM A403-Wp304. Wherever possible, socket weld fittings shall be used for field welding. Flanges, where required, shall be AS'M A162.F304 flanges. Gaskets used with these flanges shall be of 304 stainless steel construction with centering rings or approved equal. Piping containing air or steam at the design pressure, shall be car- bon steel ASTM A106 Grade B. No pipe lighter than Schedule 40 shall be used. Fittings shall be ASTM A234WPB and flanges, where required, shall be ASTM A181 Grade 2 flanges. Gaskets shall be of carbon steel construction. Piping containing sludge and oxidized sludge at design pressures less then 150 psi shall be AS A120, threaded for sizes 3 inch and under, or flanged for sizes over 3 inch. All other piping systems such as potable water, plant water, in- strument air, and drains shall conform to best local practice in materials and workmanship, as decided by the Engineer. 1. Vallyess Air operstod valves shall include level control, pressure control, and steam control valves. They shall be of stainless and carbon steel construction and shall have hard.faced alloy seats and plugs. The valves shall have diaphragm-type actuators. They shall respond to signals from the controllers described in Paragraph 5J, "Instrumentation", thereby maintaining the desired system conditions. Manual valves in the system shall include ball valves, plug valves, globe valves, check valves, and relief valves. Materials of construction shall include stainless stool, carbon steel, semi-steel and bronze. a. Insulations All vessel and pipe insulation shall be in accordance with the schedule shown on the Shop Drawings. All insulation shall have a covering of 0.016" thick sheet Jacketing. All outdoor piping shall be provided with heating cables and covered with at least one inch of Insulation. Inside instrument air lines and water lines shril not be Insulated. 33 n. Vapor Diffusers: Furnish a suitable type vapor diffuser for instal- lation by others. The vapors are to be diffused in the bottom of the existing Primary Clarifier Feed Manhole. 6. GUARANTEE The Performance Bond for this contract shall be arranged to extend for a period of one (1) year beyond the date of written acceptance of the system by the Owner. The Contractor shall guarantee to repair and/or replace de- fective materials and/or workmanship which may develop, provided the unit is operated and maintained in accordance with the Contractor's instructions. The Contractor shall also guarantee the following specific items: a. The Contractor shall guarantee that the system is capable of satis- factorily processing six (6) tons of dry solids per 24-hour continuous oper- ation, with sludge possessing the following characteristics: Type of Sludge Combined Primary and Secondary Solids Content: 3 percent Volatile Content of Solids: 75 percent b. The Contractor shall guarantee that the total power consumption of the equipment, not including the grinder to be furnished by the Owner, will not exceed 1,030 KWR per day under continuous operating and design conditions. c. The Contractor shall guarantee that the total fuel requirement will not exceed 23.4 million BTU per day at full 6 tons per day capacity, and will not exceed 14.0 million BTU per day at I tons per day capacity, under con- tinuous operating and design conditions. d. The Contractor shall guarantee the oxidized sludge produced by the system to be completely sterile and free of obnoxious odors when discharged from the system. %he oxidized sludge shall be readily dewaterable by decanting and draining on the concrete bottom sludge drying beds presently existing at the Denton Sewage Treatment Plant. A copy of the detailed plans for the existing drying beds is attached hereto and made a part of these specifications. The drainage characteristics of the sludge will be considered satis- factory when the processed sludge is applied at full s;stem capacity con- tinuously for three days to one existing sludge drying bed, and, following a period of two weeks after the last application of sludge or last rainfall, the sludge is in a spadeable condition. Prior to application of sludge for this test, the surface of the sand in the drying bed shall be thoroughly cleaned by skimming, and the underdrain system shall be c'Aecked for operation by the application of approximately 15,000 gallons of water within an 6-hour period. se. the event the sludge is not in a spadeable condition following a two-week drying period, all the filter media shall be removed from one 34 of the other existing drying beds by the Owner's personnel, the underdrain carefully examined and repaired if necessary, and the filter media replaced in accordance with details shown on the attached plans. Slulge shall then be applied to this bed in the same manner described above for the initial application. Should the oxidized sludge fail to meet these drying bed tests, and additional drying bed capacity prove to be necessary, this contractor shall construct new sludge drying beds, identical in construction to the existing drying beds, at no cost to the Owner, as a part of this gi-arantee. e. The Contractor shall guarantee that the effluent, or filtrate, drained from the oxidized sludge will contain a maximum 5-day BOD of 6,000 ppm at design conditions and that this BOD will be reduced by at least 90% with the passage of the filtrate through the plant aeration basins and the provision of an additional 400 cubic feet of air per pound of BOD over the normal air requirement of the aeration basins. This guaranteed reduction in BOD will be applicable only if the Owner's activated sludge process is capable of providing 90% BOD reduction when treating only domestic sewage. f. The Contractor shall guarantee that the color of the filtrate from the oxidized sludge will be such that it will not increase the normal color of the plant effluent more than SO color units when diluted with the plant effluent at a ratio of 120 to 1, and compared to the platinum Cobalt Standard. Turbidity shall be removed prior to making color determinations by filtration across Whatman No. 1 filter paper. The Contractor's personnel will be allowed unlimited access to the equipment during the one year guarantee period and shall make such repairs, alterations, or adjustments as may be necessary to meet all of the above guaranteed conditions, at no expense to the Owner, within ten (10) days after written notice of the need of such work has been given the Contractor by the Owner. 7. START-UP AND ACCEPTANCE rae Contractor shall provide qualified personnel to start-up, run in, and properly adjust each item of equipment. When the system is judged by the Cciotractor to be ready for routine operation, the services of a qualified engineer shall be provided to instruct the Owner's personnel in the care, maintenance, and operation of the equipment. The Owner will provide necessary fuel, electricity, chemicals, water and sludge to provide for the testing of systems and the installation as a whole. The Owner will provide also suf- ficient personnel to operate the facility under the Contractor's direction and for training in the operation of the facility. The engineer shall remain on the site for one week after the system has been in continuous satisfactory operation for one week, at no additional cost to the Owner. The system will be considered to be in "satisfactory operation" when it has been continuously operated for three (3) consecutive days by the Owner's personnel, under the supervision of the Contractor, during which time teats conducted jointly by the Owner and the Contractor demonstrate that the unit 35 meets the guaranteed conditions outlined under Paragraph 6 above. If the results of the tests do not meet all the guaranteed conditions outlined under Paragraph 6 above, then the Contractor shall have the option of making modifications prior to re-testing. If all the conditions are still not met after re-testing, the Contractor shall, upon request, remove the equipment and reimburse the Owner for and payments which have been made to the Contractor, whereupon neither party shall have any further obligation to the other. A written letter of acceptance will be given the Contractor by the Owner after the entire system has been in continuous satisfactory operation for a period of two weeks, at which time the one year guarantee shall begin. If the Owner is unable to deliver the specified sludge without interruption for two weeks to enable the Contractor to fulfill this requirement, then a written letter of acceptance will be given the Contractor by the Owner following the continuous satisfactory processing of all the sludge which is available. 8. PAINTING A. General: Furnish all labor, material, equipment and services for cleaning and painting of surfaces as follows: a. All metal work (except ;stainless steel, aluminum, bronze, copper, and lead), equipment, and machinery, except netal work installed by others in connection with construction of building. b. All exposed piping and conduit. Finish field painting shall not be applied to machinery, equipment, or piping until operational tests are completed. B. Work Not Included: Painting not included under this contract is all metal windows and doors, masonry, wood trim, and any other architectural com- ponents of the Sludge Processing Building. C. Workmanship: All paint and finishing materials shall be applied by skilled workmen and shall be brushed or sprayed in even, thorough coats, without runs, crazing, sags or other blemishes. All coats, regardless of the material, shall be thoroughly dry before applying succeeding coats. Full drying time as recommended by the manufacturer of the particular paint in- volved, shall be allowed between coats. Enamel, paint or shellac shall be properly sanded between coats. All products shall be applied in accordance with the manufacturer's recommendations. D. Materials: All materials for painting shall be delivered to the site in unbroken packages bearing the manufacturer's name and brand and shall be used without adulteration. In general, the paint and painting materials manufactured by the Inertol Company, DuPont de Nemours 6 Company, Sherwin- Williams Company, Pittsburg Plate Glass Company and Koppers Company are representative of the standard of quality that will be required and painting 36 materials shall be approved by the Engineer. Only the highest grade paint of each manufacturer and that which is suitable for the use intended ithall be approved. Only those thinners and solvents specified in the paint formulae shall be used. More than the prescribed amount of thinner may be added only to the extent of maintaining the minimum spreading rate designated in each individual formulation. . E. Colors and Samples: The Contractor shall prepare samples of each color aaz finish and submit same to the Engineer for final selection and approval. The Contractor shall submit three displays of each kind and color of paint to be applied. The panels used shall be repre.9entatfve of the respective types of surfaces to which the several kinds and colors of paint and stain are required to be applied in the actual work. F. Preparation of Surfaces: Metal surfaces to be painted shall be thoroughly cleaned of mill scale, rust and other foreign matter by scraping, chisels, wire brushing (hand or machine), flame cleaning, sand blast or other suitable means. All oil and grease shall be removed with naptha. Any old loose or scaling paint shall be entirely removed to bare metal. Dust and dirt shall be removed by dry brushing or air blast prior to painting. Galvanized iron shall be washed thoroughly with a solution of copper acetate (6 oz. to 1 gallons of water) before applying paint. G. Application of Paint: 1. Brush Application: Only top quality hog hair on synthetic bristle brushes shall be used. All paint shall be applied so as to form a uniform film of a thickness which is consistent with the specified coverage for the paint being used. Sufficient cross brushing shall be used to insure filling of all surface irregularities and complete coverage. Par- ticular care shall be used in painting corners and other restricted places to obtain uniform application. All final brushing strokes shall be made in the same direction and toward the previously applied paint. The final coats of enamel paints shall be brushed only enough to spread the coating evenly and avoid excessive thickness. 2. Spray Application: When paint is applied by spraying, the air gun used shall be adjustable for regulation of the air and paint mixture. The equipment shall have a suitable water trap to remove moisture present in the compressed air. Paint pots shall be equipped with a hand agitator to keep the paint well mixed. All equipment shall be thoroughly cleaned at the end of each day's work. The width of the spray shall be not less than twelve (12") inches nor more than eighteen (18") inches. The pressure shall be suitable for type of paint used. Frequent checks shall be made to insure maintenance of correct spreading rate, and the coating shall be uniform with out sage, rune, or "orange peel" effect. Special care shall be taken to see that edges, corners, and bolt heads are completely covered and that there has been no bridging over the film. 37 l i H. reins Schedule: All unpainted piping, valves, machinery, pumps, motors, and equipment shall be given one coat of rust-inhibitive primer equal to DuPont DULUX Primer No. 760 and two coats of DULUX machinery enamel. Items of metal that have received shop coats shall have such shop coats touched up and be given two field coats of machinery enamel. 1. Storage and Clean-U•,: The Contractor shall use one convenient location for keeping all materials and doing all mixing, etc. Floor of this space shall be properly pro►ected with drop cloths. Oily rags and waste shall be frequently removed from the building and under no circumstances shall they be allowed to accumulate. At the completion of the work, the Contractor shall clean off all paint spots, oil and stain from all surfaces and leave the entire project in a satisfactory condition. 9. INSTRUCTION MANUALS The owner shall be provided with two (2) copies of complete instruction manuals for each component of the system including detailed parts lists, and two (2) instruction manuals for the system as a whole containing detailed step by step instructions for starting up and shutting down the system, as well as recommended methods of trouble-shooting for var!nus items of eavip- ment which might be causing a malfunction in the operation. 20. PAYMENT Partial payment will be made in accordance with Paragraph 5.04 of the General Conditions of Agreement. i I • I 38 1 ,V. i ' 4e Y~ j 1 r)B ?'Ho1 Mix /?LOY all IrliofMix go a - roe! o, r05 o" - 1121- 00 III of 8' , LON Asphalt 4badwsy ! Z-. Hot Mix a~rlf ntap of W.011 Elev. 56.5 0 6'Cf'* Bend 61W 6'40 r r , r r 8 ?4 lY ~1.8~1 48t i Ip$ !1•9* 46 10~t r19~4 ?4 1G 8 rvok Truck Truck - Canc. Slab Entrance f ;Entrance i Decanting Boxes vC I s reseed , . . 7- 1 01 w ~I o i a pa/ iii 6,rb e + . , 600.5% ooen Joints 6 VC. 0, 6 rht Jo!~Ms 6 VC sO.SX Oorr, JornFs 6r VG f ll3xrldhf Eev >tQhf Joinh tt o f X6660 I 566.0 I IX66.0 ! swo wo S ECrjO1V A -A scale; ~'i6 •I'•0' AAA. A.,.1.. ~ ~ i i I~ I I I ~ I r~•?r /"lam r.2r J- AA I~ ~ ~ I I I I! ~ r • _ ~ ~ II I ~ I I 301. ow u r'P•2r . , _ I - - - I ~brxr~R 8®I_v. M 1 Er ~ t I ! I ! adwy. ~ S u' I IH I s~ + n t ~ I I I I I I I ! I I 'tom ~ f~ J• l . GK J t w i Y ~ •L } I I z I iff I n „a k 1; 'Al ~lab 7* ►0rl[gqww~hConmiclo-to ar...--- Scale ; As Shown us ?x10x1?' P0dnrocd Plank 0 0 L ?+HolMixAsn`1ai,` 31•0' 11 71 m~ ~9'EN nsionJ}•Ma1l. 6 , , , ,pain) Surface wl ! Coat 61 Base 8x Soso G;wrsB _ , x6 , . s,6 1~•? B Asphalt Aair+f ~',iI I e I O'Chamfer e Ramp I We/dad Wire ~'Cl„fikr 7 Mesh r - E/ev *q 569.5 l • e _,OElee 5680 scale ~I' Ali I ~ I a 57773 3 ?4 41 ry'/~J` L ~I ,481?'% d 4Fh~C yl 4Of & ti 3-1487 % 3•"'4e/0'~ 8 n~ ua Stabilized Materiel ` 1 E,~rpoaamia► Jf r ,=iu=w r4`/c rN~.iir na cz-04461' iAI/9" + °0 Walkway As $,oeCIfBd - - 6, 6' Thru and WalkQ fx~ans~on F lay uf~ Ityprc c ghd Wall S G C i /ON 0'D es shown rat 64'0 i V. C. Pipe e O 5X Grade - - - - Bo'a' 641.00 64`0! TL" tlace h ~p L 6 Scale: =1~~0! INTERIOR WALL. w/WALKW.AY EXTFI1/OR WALLS ra= 0 C~ t Rev 564,97 r - _ r 6"VC. lr99 -f Joints &0.5 Elev, 564.?2 TYPICAL. 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Pwdd•), Strap ai 451 _ r ~ r 6101, Cro Send to be HgO opinO pipe. 8 ~ 8 Run fl . end PL a NO at Sheer Gates -SECTION r 1 L A aN J~ E TYPICAL SHEAR GATE DETAIL~ANCHOR STRAP S Soo/a. y1,18/1-W Role; ltts+f1.01 i J ~ 6 i' f ~ L