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S&SRAGE SYSTEM IMPROVE24°EMS
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SPECIFICATIONS AND CONIRACT DOCU1IENTS ~
FOR CU,~_}iF;IC"I'fON 01" ,
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Fn'-EliE, NILAIOLS ANN DDRESS
CONSULTING EW;INF,°R.i C
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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
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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 $5.60 .125 .125
Cement masons 5.00
{ Laborers:
I alx,rers 3.04 .1^5 .10
Air tool op. (4ackh-.,umor, vib.) 3.10 .125 .10
Ma;:on tenrlers 3.1'? 1125 .10
Mortar mixers 3.14 .125 .10
P'lasterers' tenders 3,-`9 .125 .10
Ma:ole & Tile setters, 'l2rrazzo
w rkers 4.?5
Plumbers 5.60 .05
Plasterers 5.3,'K
,,7 it:
Power Fquipnent Operators schedule "P+:ildlre ~n=tnarj n'
All:
Power Fquipment Operators schedule "Building r.n~tnzrt; ;;r
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13 - Texas RO i
BUILDING r,U3fr l'K~Ji ! F _
Basic friuto *M$ ►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
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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
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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
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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
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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
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-(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.
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