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OITY OF
=TON, T" XAS
WATER LINE PROJECT
SPEOIFIOATIONS AND OONTRACT DOCUN.ENTS
FOR THE OONSTRUOTION OF
INTERSTATE HIGHWAY 35 E ~p
WATER-RELOOATION
1967
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PRB'OARED BY kA
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Department of Community Development
OITY OF \
DENTOY, TEXAS
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TABLE OF CONTENTS
CONTRACT AGREEMENT
INVITATION FOR BIDS
• MINIMUM WAGE SCALE
PROPOSAL.
GENERAL CONDITIONS OF AGREEMENT 1-20
DETAIL SPECIFICATIONS
SECTION I Water Distribution System 21-27
SECTION II Measurement an6 Payment 28-29
SECTION III Project Maintenance, Cleanup
and Guarantee ' 30
PLANS AND SPECIFICATIONS ENDORSEMENT
STATE OF TEXAS
COUNTY OF DENTON X
THIS AGREEMENT, made and entered into this day of
A. D. lg,_,A2_0 by and between F.lm Fnrk
nstruction Company
of the County of Dallas State of Taxas, Party of the
First Part, hereinafter called CONTRACTOR, and the City of
Denton, Texas, a municipal corporation, of the County of Denton,
State of Texas, Party of the Second Part, hereinafter called
OWNER,
WITHESSsVA:
That for and in consideration of the payments and agree-
meats hereinafter mentioned to be made and performed by owner.,
and under the conditions expressed in the bond bearing oven
date herewith, the Contractor.}ereby agrees with Owner to com-
mence and complete the construction of certain improvements
. described as follows:
Water line impeovements in=and near Interstate Highway 35 East.
and all extra work in connection therewith, under the terms as
stated in the Invitation for Bids, Proposal, and Information
and Special Instruments, to Bidders, and General Conditions of
Agreement attached hereto and her9by made a part of this con-
tract by reference the sama as if sot forth at length hereini
.y
and at Contractor's own proper cost and expense to furnish all
materials, supplies, machinery, equipment, tools, supervision,
labor, insurance and other accessories and services necessary
to complete the said construction i•n accordance with the con-
ditions and prices stated in the proposal attached hereto, and
in accordance with the conditions and prices stated in the pro-
posal, and in accordance with all the Ge-ieral Conditions of
Agreement, and in accordance with the plans, which include all
maps, plats, blueprints and other uza414"ge and printed or
written explanatory matter thereof, and specifications therefor,
as prepared by the City Engineer of the City of Denton, Texas,
each of which has been identified by the endorsement of the
Contractor and the Said City Engineer therein.
Contractor hereby agrees to commence work within ten (10)
days after the date written notice shall have been given to
commence, and to substantially complete bail work within 65
working days after the date extablished in the written notice
to commence work.
Owner agrees to pay the Contractor in current fumes for
the performance of the construction of the work in accordance
with the proposal submitted therefor, subject to additions and
deductions, as provided in the General Conditions of Agreement,
and to make payments on account thereof as provided therein.
IN WITNESS WHEREOF, the parties have executed this Agree-
ment in duplicate in the year and on the date first above
written.
Elm Fork Construction Company
ELM F' )Ns i• o., INC
• ontractor
Elm Fork Construction Company
ATTEST:
by: alh~
• CITY OF DENTON, TEXAS, OWNER
by:
ek4er
tin, Mayor
CitDento
n, Texas
ATTEST:
zvz /4!0"
Br s Holt, City Secretary
Ci y of Denton, Texas
APPROVED AS TO LEGAL FORM:
<~a 0. Barton, City Attorney
Cy of Denton, Texas
INVITATION FOR BIDS
Sealed proposals addressed to John Marshall, Purchasing Agent,
Denton, Texas, will be received at the office of the Purchasing Agent
in the Municipal Building until 10:30 A, M. July 13, 1967 for the
construction and completion of the following items
Interstate Highway 35E Water Line Relocat'.in
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 Plans, Specifications, and Contract Documents are on
file and may be examined without charge in the office of the City
Engineer.
A cashier's check, certified check or acceptable Bidder's bond
payable to the City of Denton, Texas, in an amount not less than five
(5X) per cent of the bid submitted must accompany each bid as a guarantee
that, if awarded the contract, the Bidder will, within ten (10) days
of award of contract, enter into a contract and execute bonds on the
forms provided in the Contract Documents.
Attention is called to the fact that not less than the prevailing
wage rates as established by the City of Denton, Texas, end as herein-
after set forth in the Contract Documents herainbefore described and
which are made a part hereof, must be paid on this project.
A performance bond and a payment bond, each in amount of not
less than one hundred (100X) per cent of the contract price, conditioned
upon the faithful performance of the contract and upon payment of all
persons supplying labor or furnishing materialst will be required.
In case of ambiguity or lack of clearness in stating proposal
proces, the City of Denton, Texas, reserves the right to adopt the most
advantag(,)us construction thereof, or to reject any or all bids, and
waive formalities. No bid may be withdr&wn within thirty (30) days
after date on which bids are opened.
CITY OF DENTON
1
hn Marshall
Purchasing Agent
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ALI-
MINIMUM WALE SCALE
The rates below have been determined by the City of Denton,
Texas, in accordance with the statutory requirements and prevailing
local wages.
Overtime shall be paid for at the rate of one and one-half
(1 J) times the regular rates for every hour worked in excess of
forty (40) hours per week.
OLASSIFIOATION RATE PER HR. CLASSIFICATION RATE PER HR.
Air Compressor Op. 1.50 Laborer (Common) $ 1.25
Air Tool Operator 1.35 Maintainer Oper. 2.00
Batterboard Setter 1.50 Mason Tender 1.25
Blade Grader Oper. 2.00 Meohanio 2.00
(Self Propelled) Meohanic's Helper 1.50
Blaster (Powderman) 2.25 Mixer Oper. (16 O.F. & Over) 1.75
Bricklayer 2.00 Mortar Mixer 1.25
Bullolam Operator 2.15 Mixer Oper. 1150
Bulldozer Operator 2.75 (Less than 16 C. F.)
Oarpenter 2.25 Oiler 1,25
Clamshell Operator 1090 Painter, Brush 1.75
Concrete Finisher 2.00 Painter, Stage Spray 2100
Crane Operator 1090 Pipe Layer 1.25
Derrick Operator 1190 Power Equip. Op. Heavy 2.00
Dxagline Operator 1090 Power Egvip. Op. Light 1.75
Elevating Grader Op. 1.75 Pump Operator, Over 2" 1.50
(Towed) Pump Operator, 2" Under 1.25
Firema.N 1.40 Roller Operator 1.50
Form Builder 2.00 Scraper Opr. (Over 7 C.Y.) 1.75
Greaser 1.50 Scraper Opr. (7 O.Y. is Under)1.75
Hoist Oper. (One Drum) 1150 Shovel operator 2.00
Hoist Oper. 1,75 Trenching Machine Oper. 2.00
(Two Drum & Over Truck Driver Rl T or Legs 1.25
Iron Worker Rodman 1.50 Truck Driver T or Over 1.50
Iron Worker iStruo, Steel)2.00 Welder 2.00
Joint Worker 1.50
Kettlemen 1.25
The Contractor shall comply with all State and Federal Laws
applicable to suoh work.
The above are minimum rates. Bidders shall base their bids on
rates they expect to pay, if in excess of those listed. The Owner
will not oonsider claims for extra payment to OONTRAOTOR on account
of payment-of wages higher than these specified.
'0 t
PROPOSAL
DENTON, TEXAS
July 13 ,1967
PROPOSAL of _ Elm Fork Construction Company ,
a corporation organized under the laws of the State of Texas ,
a partnership consisting of ,
an individual trading as ,
To the City of Denton, Texas
Pursuant to Invitation to Bidders, as published, the undersigned proposes
to furnish all labor, materials.and equipment, and perform all work for
the construction of the Water System Improvements in strict accordance
with the attached specifications and accompanying plans, for the following
prices, to-wit:
ITEM ESTIMATED DESCRIPTION UNIT PRICE, TOTAL BID
NO. QUANTITY (Prices to be Written in Words) (Figures (Figures)
1. 645 LF Furnish and install 8" cast iron
water line, Class 150, complete
in place, the sum of sever
dollars and
twenty-two cents per Linear
Foot. $ 7.22 $ 40656.90
2. 370 LF Furnish and install 10" cast
iron water line, Class 150.
complete in place, the sum of
Eight t
dollars
and Fifty nine cents
per Linear Foot s,8.59 S 3,178.30
ITEM ESTIMATED DESCRIPTION UNIT PRICE TOTAL BID
NO. QUANTITY (Prices to be Written in Words) (Fixtures) (Figures)_
3. 1 EA Furnish and install 8" M. J.
Gate Valve and Valve Boxes,
complete in place, the sum of
One hund:VA thirty-five dollars
and no cents
each. $ 11s.nn $igs tan
4. 1 FA Install 10" Tap and Valve
and Valve Box, complete in
place, the sum of
Three hundred fifty
dollars and no
cents each. $350.00 $ 35o_nn
5. 3 EA 10" connection to existing 10"
Cast Iron water line, complete,
the a= of Two hundred fifty
dollars and ,
no cents each. $ 250.00 $ 750.00
6. 6 EA 8" connection to existing 8"
Cast Iron water line, complete,
the sum of One hundred fifty
• dollars and no
cents each $ 15000 $ 900.00
7. 1 EA Reinstall 6" Fire Hydrants,
complete in place, the sum of
0 Seventy-five
dollars
and no
cents each $ 75.00 $ 75.00
ITEM ESTIMATED DESCRIPTION INIT PRICE TOTAL BID
NO. QUANTITit (Prices to ba Written in Words) (Figures) (Figures)
8. 3500 LB Furnish and install cast iron
fittings, complete in place,
at the sum of
no dollars and
thirty-five cents per
pc•und. $ 0.35 $ 10225.00
9. 500 cu. yd. Gravel backf:ll material,
complete in place, the sum
of Three
dollars and fifty
cents per cubic yd. $.3.30 10750.00
10 10 cu. yd. Concrete for blocking, and
encasement, in complete
place, at the sum of
Fifteen dollars
and no
cents per cubic yd. $15.00 $ 150.00
11. 30 sq, yd. 2" INA over gravel base
pavement replacement,
complete in place~tha sum
of Six
dollars and no
cents per sq* yd. 1.00 $180.00
12. 75 LP Relocate existing 8" line,
complete in place, the
sum of Ten
dollars and
I
no cents p$r $ 10000 $,750,00
Linear Foot
ITEM ESTIMATED DLSCRIPTIQN UNIT PRICE TOTAL BID
NO. QUANTITY (Prices to be Written in Words) (Figures) (Figures)
13. 150 LF 21" steel casing, complete in
place, the sum of
Twenty
dollars and
no cents per
Linear Foot $20.00 $.39000.00
14. 300 CY Rock Nxcavation where blasting
is allwed, the sum of
Five dollars and
no cents
per cubic yd. $.5.00 19500.00
15. 200 CY Rock Excavation where no blast-
ing is allowed, the sum of
Ten dollars
and no
cents per cubic yd. $10.00 S 2.000.00
TOTAL AMOUNT OF BID $ 20,600.20
LABOR $ 12.66040
MATERIALS $ 8.000.00
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11-ie undersigned bidder agrees to commence work within ten
(10) days after the date of written Latice to commence work and
to subs Vantially complete the work on wl.ich he has bid within
63 working days as defined in General Conditions of
he Agreement
Eiclosed with this Proposal is ;ashier's Cheok or Certified
Check for 5% Bond
'--)Dollars whIC t is aZrae s all
be collected an re a ne by the Owner, as llSuidated damagos in
the event this Proposal is accepted by the Owner within thirty (30)
days after the date advertised for the reception'of Bids and the
undersigned fails to execute a contract and the required bonds with
the owner, under the conditions hereof, •wthin ten ~10) days after
the date said Proposal is aooep45d. Otherwise, said oheok or
bond shall be returned to the undersigned upon deuand.
Respectfully submitted,
Elm Fork Construction Company
Box 20196
Dallas, Texas
ress
By TI t1 e Ed_ M. Farrow
(Seal if Bidder is a corporation)
E___ 1 9
GENERAL CONDITIONS OF AGREEMENT
1. DEFINITIONS OF TERMS
1.01 OWNER, CONTRACTOR AND ENGINEER: The Owner and the Con-
tractor are those mentioned as such in the Agreement. They are
treated throughout the Contract Documents as if each were of the
singular number and masculine gender. The Engineer shall be
understood to be the Engineer of the owner or his duly authorized
representative.
1.02 CONTRACT DOCUMENTS: The Contract Documents shalt consist
of the Notice to Contractors (Advertisement) Special Conditions
(Instructions to Bidders), Proposal, signed Agreement, Performance
and Payment 'onds (when required), Special Bonds (when required),
General Conditions ofthe Agreement, Technical Specifications,
Plans, and all modilipations thereof incorporated in any of the
documents before the exaaution of the agreement.
The Contract Documents are complementary, and what is called for
by anyone shall be as binding as if called for by all.
1.03 UB-CONTRACTOR: The term Sub-Contractor, as employed herein,
includes only those having a direct contract with the Contractor
and it includes one who furnishes material worked to a special
design according to the plans or specifications of-this work,'but
does not include one who merely furnishes material not so worked.
1.04 WRITTEN NOTICE: Written notice shall be deemed to have
been duly served if delivered in person to the individual or to
a member of the firm or to an officer of the corporation for
whom it is intended, or if delivered at or sent by registered
mail to the last business address known to him who gives the notice.
1.05 WORK: Unless otherwise stipulated, the Contractor abell
provide and pay for all materials, supplies, machinery, egsipmant,
tools, superintendence, labor, insurance, and all water, l:,,Jnt,
.power, fuel, transportation, and other facilities necessary for
the execution and completion of the work covered by the contract
documents. Unless otherwise specified, all materials shall be
new and both workmanship and materials shall be of a good quality.
The Contractor shall, if required, furnish satisfactory evidence
as to Cie kind and qualit~ of materials. Materials or work described
in words,which so applied have a well known technical or trade
meaning,shall be held to refer to such recognized standards.
1.06 EXTRA WORKS The term "Extra Work" as used in this contract
shall be understood to mean and include all work that may be
required by the Engineer or Owner to be done by the Contractor
1
to accomplish any change, alteration or addition to the work
shown upon the plans, or reasonably implied by the specifications,
and not covered by the Contractor's Proposal, except as provided
under "Changes and Alterations", herein.
3,07 WORKING DAYi A "Working Day" is defined as any day not
including Saturdays, Sundays or any legal holidays, in which
weather or other conditions, not under the control of the
Contractor, will permit construction of the principal units of
the work for continuous period of not lesethan seven (7) hours
between 7:00 a.m. and 6e00 p.m.
1.08 CALENDAR DAY: A "Calendar Day" is any day of the week or
month, no days being excepted.
1109 SUBSTANTIALLY CONPLETEDe By the term "Substantially
Completed" is meant that the structure has been made suitable
for use or occupancy or the facility is in condition to serve
its intended purpose, but still may require minor miscellaneous
work and adjustment.
2. CONTROL OF WORK
2.01 LINES AND GRADES: Unless otherwise specified, all lines
and grades shall be furnished by the owner or his representative.
Whenever necessary, construction work shall be suspended to permit
performance of this work, but ouch suspension will be as brief as
practicable and the Contractor shall be allowed no extra compen-
sation therefor. The Contractor shall give the Owner or the
Engineer ample notice of the time and place where lines and grades i
will be needed. All stakes, marks, etc., shall be carefully
preserved by the Contractor, and in case of careless destruction
or removal by him or his employees, such stakes, marks, etc.,
shall be replaced at the Contractor's expense.
2.02 ENGINEER'S AUTHORITY AND DUTY= Unless otherwise specified,
it is mutually agreed between the parties to this Agreement that
the Engineer shall supervise all work included herein. He has
the authority to stop the work whenever such stoppage may be
necessary to insure the proper execution of the contract. In
order to prevent delays and disputes and to discourage litigation,
it is further agreed that the Engineer shall in all cases deter-
mine the amounts and quantities of the 'seyeral kinds of work
which are to be paid for under this contract. He shall determine
all questions in relation to said work and the construction thereof,
and shall in all cases decide every question which may arise
relative to the execution of this contract on the part of said
Contractor. The Engineer's estimates and findings shall be the
conditions precedent to the right of the parties hereto to
arbitration or to any action on the contract, and is any rights
of trio Contractor to or to any action on the contract, and to
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any rights of the Contractor to receive any money under this
contract; provided, however, that should the Engineer render any
decision or give any direction which in the opinion of either
party hereto, is not in accordance with the meaning and intent
of this contract, either party may file with said Engineer within
thirty (30) days his written objection to the derision or direction
so rendered, and by such action may reserve the right to submit
the question so raised to arbitration as herein provided. It
is the intent of this agreement that there shall be no delay in
the execution of the work; therefore, the written decision or
directions of the Engineer as rendered shall be promptly carried
out, and any claim arising therefrom shall ke thereafter adjusted
by arbitration as hereinafter provided.
Thr Zngineer shall, within a reasonable time, render and deliver
!.t ooth the owner and the Contractor a written decision on all
claims of the parties hereto and on all questions which may arise
relative to the execution of the work or the interpretation of
the contract, specifications and plans. Should the Engineer fail
to make such decision within a reasonable time, an appeal to
arbitration may betaken as if his decision had been rendered
against the party appealing.
Whenever the words "directed", "required", "permitted" "designatea",
"considered necessary" "prescribed", or words of like import are
used, it shall be undtAstood that the direction, requirement, per-
mission, order, designation or prescription, of the Engineer is
intended; and similarly, the words "approval", "acceptable-',
"satisfactory", or words of like import shall mean approved by
or acceptable or satisfactory to the Engineer.
2.03 SUPERINTENDENCE AND INSPECTION: It is agreed by the Con-
tractor that tM Engineer shall be and is hereby authorAzed to
appoint from time to time such subordinate engineers, supervisors
or inspectors as the said Engineer may deem proper to inspect
the material furnished and the work done under this agreement, and
to see that the said material is furnished, and said work is done
in accordance with the specifications therefor. The Contractor
shall furniah all reasonable aid and assistance required by the
subordinate engineers, supervisors or inspectors for the proper
inspection end examination of the work. The Contractor shall
regard and oi,ell the directions and instruction of any subordinate
engineers, supervisors or inspectors so appointed, when such
directions and instructions are consistent with the obligations
of this Agreement and thb accompanying plane and specifications;
provided, however, should the Contractor abject to any order by
any subordinate engineer, supervisor or inspector, the Contractor
may within six (6) days make written appeal to the Engineer for
his decision.
2.04 CONTRACTOR's DUTY AND SUPERINTENDENCE: The Contractor shall
give personal attention to the faithful prosecution and completion
of this contract and shall keep on the work, during its progress,
3
a competent superintendent and any necessary assistants, all
satisfactory to the Engineer. The superintendent shall represent
the Contractor in his absence and all directions given to him
shall be as binding as if given to the Contractor. Important
directions shall be confirmed in writing to the Contractor. Other
directions shall be so confirmed on written request in each case.
2.05 CONTRACTOR'S UNDERSTANDING: It is una;4rstood and agreed
that the Contractor has, by careful examination, satisfied himself
as to the nature and location of the work, the conformation of the
ground, the character, quality and quantity of the materials to
be encountered, the character of equipment and facilities needed
preliminary to and during the prosecution of the work, the general
and local conditions, and all other matters which can in any way
affect the work under this contract. No verbal agreement or
conversation with any officer, agent or employee of the owner,
either before or after the execution of this contract, shall affect
or modify any of the terms or obligations herein contained.
2.06 CHARACTEK OF WORKMENL The Contractor agrees to employ only
orderly and competent men, skillful in the performance of the type
of work required under this contract, to do the work= and agrees
that whenever the Engineer shall inform him in writing that any
man or men on the work are, in his opinion, incompetent, unfaith-
ful or disorderly, such man or men shall be discharged from the
work and shall not again be employed on the work without the
Engineer's written consent.
2.07 CONTRACTOR'S BUILDING: The building of structures for
housing men,' or the erection of tents or other forms of protection,
will be permitted only at such places as the Engineer shall direct,
and the sanitary conditions of the grounds in or about such struc-
tures shall at all times be.maintained in a :manner satisfactory
to the Engineer.
2.08 SANITATION: Necessary sanitary conveniences for the use of
laborers on the wor}:, properly secluded from public observation,
shall be constructed and maintained by the Contractor in such
manner and at such points as shall be approved by the Engineer,
and their use shall be strictly enforced.
2.09 SHOP DRAWINGS: The Contractor shall submit to the ; Engineer,
with such promptness as to cause no delay in his own work or in
that of any other Contractor, four copies, unless otherwise speci-
fied, of all shop and/or setting drawings and schedules required
for the work of the various trades, and the Engineer shall pass
upon them with reasonable promptness, making desired corrections.
The Contractor shall make any correction required by the Engineer,
file with him two corrected copies and furnish such other copies
as: may be needed. The Engineer's approval of such drawings or
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schedules shall not relieve the Contractor from responsibility
for deviations from drawings or specifications, unless 1._ has in
writing called the Engineer's attention to such deviations at
the time of submission, nor shall it relieve him from responsibility
for deviations for errors of any sort in shop drawings or schedules.
2.10 PRELIMINARY APPROVAL: The Engineer shall not have the power
to waive the obligations of this contract for the furnishing by
the Contractor of good material, and of his performing good work
as herein described, all in full accordance with the plans and
specifications. No failure or omission of the Engineer to condemn
any defective work or materiat.shall release the Contractor from
the obligations to at once tear out, remove and properly replace
the same at any time prior to final acceptance upon the discovery
of said defective work or material; provided, however, that the
Engineer shall, upon request of the Contractor, inspect and accept
or reject any material furnished, and in evenb the material has
been once accepted by the Engineer, such acceptance shall be
binding on the Owner, unless it can be cleally shown that such
material furnished does not meet the specifications for this work.
Any questioned work may be ordered taken up or removed for re-
examination, by the Engineer, prior to final acceptance, and if
' found not in accordance with the specifications for said work,
all expense of removing, re-examination and replacement shall be
borne by the Contractor, otherwise the expense thus incurred shall
be allowed as Extra Work, and shall be paid for by the Owner;
provided that, where inspection or approval is specifically re-
quired by the specifications prior to performance of certain work,
should the Contractor proceed with such work requesting prior
inspection or approval he shall bear all expense of taking up,
removing, and replacing this work, if so directed by the Engineer.
2.11 DEFECTS AND THEIR REMEDIES: It is further agreed that if
the work or any part thereof, or any material brought on the site
of the work for use in the work or selected for the same, shall
be deemed by the Engineer as unsuitable or not in conformity with
the specifications, the Contractor shall, after receipt of written
notice thereof from the Engineer, forthwith remove such material
and rebuild or otherwise remedy, such work so that it shall be in
full accordance with this contract.
2.12 CHANGES AND ALTERATIONS: The Contractor further agrees that
the Ot►ner may make such changes and alterations as the owner may
see fit, in the line, grade, form, dimensions, plans, or materials
for the work herein contemplated, or any part thereof, either
before cr after the beginning of the constructbn, without-a.ffect-
ing the validity of this contract and the accompanying performance
and payment bonds.
5
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If such changes or alterations diminish the quantity of the work
to be done, they shall not constitut6 the basis for a claim for
damages, or anticipated profits on the work that may be dispensed
with, except as provided for unit price items under section 5
"Mea4urement and Payment". If the amount of work is increased,
and the work can fairly be classified under the specifications,
such incrAase shall be paid for according to the quantity actually
done and at the unit price, if any, established for such work
under this contract, except as provided for unit price items under
Section 5 "Measurement and Payment"; otherwise, such additional
work shall be paid for as provided under Extra Work. In case the
owner shall make such changes or alterations as make useless any
work already done,of material already furnished or used in said
work, then the Owner shall recompense the Contractor for any
material or labor so used, and for any loss occasioned by such
change, due to actual expenses incurred in preparation for the
work as originally'planned.
2.13 RIGHT OF ENGINEER TO MQDIFY METHODS AND EQUIPMEN_'P1 If at any
time the methods or equipment used by the Contractor are found to
be inadequate to secure the quality of work or the rate of progress
required under this contract, the Engineer may order the Contractor
in writing to increase their safety or imporve their character and
efficiency, and the Contractor shall comply with such order.
If at any time the working force of the Contractor is inadequate
for securing the progress herein specified, the Contractor shall,
if so ordered in writing, increase his force or equipment, or both,
to such an extent as to five reasonable assurance of compliance
with the schedule of progress.
3. GENERAL OBLIGATIONS AND RESPONSIBILITIES
3.01 KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE: The Engineer
shall furnish the Contractor with an adequate &nd reasonable 'number
of copies of all plans and specifications without expense to him,
and the Contractor shall keep one copy of the same constantly
accessible on the work, with the latest revisions noted thereon.
3.02 OWNERSHIP OF DRAWINGS: All drawings, specifications and
copies thereof furnished by the Engineer shall not be reused on
other work, and, with the exception of the signed contract sets,
are to be,returned to him on request, at the completion of the
work. Ali models are the property of the Owner.
3.03 ADEQUACY OF DESIGN: It is understood that the owner believes
he has employed competent engineers and designers. It is, there-
fore, agreed that the owner shall be responsible for the adequacy
of the design, sufficiency of the Contract Documents, the safety
of the structure and the practicability of the operations of the
6
completed project; provided, the Contractor has complied with the
requirements of the said Contract Documents, all a,-.,Proved modifi-
cations thereof, and additions and alterations thereto approved
in writing by the Owner. The burden of proof of such compliance
shall be upon the Contractor to show that he has complied with
the said requirements of the Contract Documents, approved modifi-
cations thereof and all approved additions and alterations thereto.
3.04 RIGHT OF ENTRY: The Owner reserves the right to enter the {
property or location on which the works herein contracted for are
to be constructed or installed, by such agent or agents as he may ~
elect, for the purpose of supervising and inspecting the work, or
for the purpose of constructing or installing such collateral work
~ as.said Owner may desire.
3.05 COLLATERAL CONTRACTS: The Owner agrees to provide.by separate
contract or otherwise, all labor and material essential to the
completion of the work specifically excluded from this contract,
in such manner as not to delay the progress on the wc,:~-,.or damage
said Contractor, except where such delays are specifically mentioned
elsewhere in the Contract Documents.
3.06 DISCREPANCIES AND OXISSIONSi It iv further agreed that it
is the intent of this contract that all work must be done and all
material must be furnished in accordance with the generally accepted
practice, and in the event of any discrepancies between the separate
contract documents, speeifications.or drawings, the Engineer shall
define which is intended to apply to the work.
3.07 EQUIPMENT, MATERIALS AND CONSTRUCTION PLANT: The Contractor
shall provide all tools, equipment, machinery, materials, and
construction plant and facilities necessary in t;c prosecution and
completion of the contract, except as otherwise specifically set
forth to be provided by the Owner. The Contractor shall be respon-
sibie for the care, preservation, conservation, and protection of
all tools, apparatus, accessories, facilities, all means of construc-
tion, and any and all parts of the work, whether the Contractor has
been paid, partially paid, or not paid for such work, until the
entire work is completed and accepted.
3.08 DAMAGES: In the event, the Contractor is damaged in the
course of the completion of the work by the act, neglect, omission,
mistake, or default of the Owner, or of the Engineer, or of any
other Contractor employed by the owner upon the work, therby
causing loss to the Contractor, the Owner agrees that he will reim-
burse the Contractor for such loss. In the event, the Owner is
damaged in the course of the work by the act, negligence , omission,
mistake, or default of the Contractor, or should the Contractor
unreasonably delay the progress of the work being done by others
on the job so as to cause loss for which the Owner becomes liable,
then the Contractor shall reimburse the Owner for,such loss.
7
3.09 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC: The
Contractor shall take out and procure a policy or policies of work-
men's compensation insurance with an insurance company licensed
to transact business in the State of Texas, which policy shall
comply with the Workmen's Compensation Law of the State of Texas.
The Contractor shall at all times exercise reasonable precautions
for the safety of employees and others on or near the work and
shall comply with all applicable provisions of Federal, State and
Municipal safety laws and building and construction codes. All
machinery and equipment and other physical hazards shall be
guarded in accordance with the "Manual of Accident Prevention in
Construction" of the Associated General Contractors of America,
except where incompatible with Federal, State, or Municipal laws
• or regulations. The Contractor shall provide ouch machinery
guards, safe walk-ways, ladders, bridges, gangplanks, and other
safety devices as may be required by the Engineer as requisite to
the prevention of accidents. The Contractor and his Sureties
shall indemnify and save harmless the Owner and all him officers,
agents, and employees from all suits, actions, or claime of any
character, name and description brought for or on account of any
injuries or damages received or sustained by any person or
persons or property, on account of any negligent act or fault
of Contractor, his agents or employees, ift the execution of said
contracts or on account of the failure of the Contractor to
provide necessary barricades, warning lights or signdt and will
be required to pay any judgment, with costs, which may be obtained
against the Owner growing out of such injury or damage.
3.10 PERFORMANCE AND PAYMENT ONDB: Unless otherwise specified,
it is further agreed by the parties to this Contract that the
Contractor will execute separate performance and payment bonds,
each in the sum of one hundred (100) per cent of the total con-
tract price, on standard forms for this purpose, guaranteeing
faithful performance of the work and the fulfillment of any
guarantees required, and further guaranteeing payment to all
persons supplying labor and materials or furnishing him any equip-
ment in the execution of the Contract, and it is agreed that this
Contract shall not be in effect until such performance and payment
bonds are furnished and approved by the owner,
Unless otherwise approved in writing bythe Owner, the surety
company underwriting the bonds shall be acceptable according to
the latest list of companies holding certificates of authority
from the Secretary of the Treasury of the United States.
Unless otherwise specified, the cost of the premium for the
perfamnee and payment bonds shall be included in the Contractor's
proposal.
3.11 IABBBS FROM NATURAL' UUSESt Unless otherwise specified,
all loss or damage to the Contractor arising out of the nature of
the work to be done, or from the action of the elements, or from
any unforseen circumstances in the prosecution of the same, or
from unusual obstructions or difficulties which may be encountered
in the prosecution of the work, shall be sustained and borne by
the Contractor at his own cost and expense.
3.12 PROTECTION OF ADJOINING PROPERTY: The said Contractor shall
take proper means to protect the adjacent or adjoining property
or properties in any way ericountered, which might be injured or
seriously affected by any pr#3cess of construction to be under-
taken 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 11-o indemnify,
save and hold harmless the owner against any claims for damages
due to any injury to any adjacent or adjoining property, arising
or growing out of the performance of the contracts but any such
indemnity shall not apply to any claim of any kind arising out of
the existence or character of the work.
3.13 PROTECTION AGAINST CLAIMS OF SUB-CONTRACTORS LABORERS,
MERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPL288:
The Contractor agrees that he will indemnify and save the Owner
harmless from all claims growing out of the lawful demands of
sub-contractors, laborers, workmen, mechanics, materialmen, and
furnishers of machinery and parts thereof, equipment, power tools,
and all supplies, including commissary, incurred in the further-
ance of the performance of this contract. When so desired by the
Owner, the Contractor shall furnish satisfactory evidence that
all obligations of the nature hereinabove designated have been
paid, discharged or waived. If the Contractor fails so to do,
then the owner may at the option of the Contractor either pay
directly any unpaid bills, of which the Owner has written notice,
or withhold from the Contractor's unpaid compensation a rum of
money deemed reasonably sufficient to liquidate any and all such
lawful claims until satisfactory evidence is furnished that all
liabilities have been fully discharged; where upon payments to
the Contractor shall be resumed in full, in accordance with the
terms of this contract, but inno event shall the provisions of
this sentence be construed to impose any obligation upon the
Owner by either the Contractor or his Surety.
3.14 PROTECTION AGAINST ROYALTIES OR PATENTED iNVENTIONs The
Contractor shall pay all royalties and license fees, and shall
provide for the use of any design, device, material or process
covered by letters patent or copyright by suitable legal agree-
ment with the patentee or Owner. The Contractor shall defend
all suits or claims for infringement of any patent or copyright
rights and shall indemnify and save the owner harmless from any
loss on account thereof, except that the owner shall defend all
9
such suits and claims and shall be responsi:-)lo for all such
loss when a particular design, device, material, or process,
or the product of a particular manufacturer or manufacturers
is specified or required by the owner; provided however, if
choice of alternate design, device, material, or process is
allowed to the Contractor, then Contractor shall indemnify and
save Owner harmless from any loss on account thereof. If the
material or process specified required by the Owner is an in-
fringement, the Contractor shall be responsible for such loss
unless he promptly gives such information to the Owner.
3.15 LAWS AND ORDINANCES: The Contractor shall at all times
observe and comply with all Federal, State, and local laws, ordin-
ances and regulations, which in any manner affect the Contract
or the work, and shall indemnify and save harmless the owner
against any claim arising fron the violation of any such laws,
ordinances, and regulation, whether by the Contractor or his
employees, except whore such violations are called for by the
provisions of the Contracts Documents. If the Contractor
observes that the plans and specifications are at variance there-
with, he shall promptly notify the Engineer in writing, and any
necessary changes shall be adjusted as provided in the contract
for changes in the work. If the Contractor performs any work
knowing it to be contrary to such.laws, ordinances, rules and
regulations, and without such notice to the Engineer, he shall
bear all costs arising therefrom. In case the owner is a body
politic and corporate, the law from which it derives its powers,
insofar as the same regulates the objects for which, or the .canner
in which, or the conditions under which the Owner may enter into
contract, shall be controlling, and shall be considered as part
of this contract, to the same effect as though embodied herein.
3.16 ASSIGNMENT AND SUBLETTING: The Contractor further agrees
that he will retain personal control and will give his personal
attention to the fulfillment of this contract and that he will
not assign by Power of Attorney, or otherwise, or sublet said
contract without the written comment of the Owner, and that no
part or feature of the work will bo sublet to anyone objection-
.able to the Engineer or the Owner. The Contractor further agrees
that the subletting of any portion or feature of the work, or
materials required in the performance of this contract, shall
not relieve the Contractor from his full obligations to the
Owner, as provided by this Agreement.
1
3.17 CONTRACTOR'S AND SUB-CONTRACTOR'S INSURANCES The Contractor
shall not'on mmence work under this contract until he has obtained
all the insurance required under the following sub-paragraphs and
such insurance has been approved by the Owner, nor shall the
Contractor allow any sub-contractor to commence work on a sub-
contract as requires for the Contractor.
10
i
3.171 CO EN ION INSURANCE: The Contractor shall procure and
shall maintain during the life of this contract Workmen's compen-
sation insurance for all of his employees to be engaged in work
on the project under this contract and, in case of any such work
sublet, the Contractor shall require the subcontractor similarly
to provide Workmen's Conpensation Insurance for all of the latter's
employees to be engaged in such work, unless such employees are
covered by the protection afforded by the Contractor's Workmen's
Compensation Insurance. In case any class of employees engaged
in hazardous work on the project under this contract is not
protected under the Workmen's Compensation Statue, the Contractor
shall provide and shall cause each sub-contractor to provide
adequate Employer's General Liability Insurance for the protection
of such of his employees not otherwise protected..
3.172 CONTRACTOR'S PUSLIC LIABILITY AND PROPERTY DAKAOE INSURANCE:
The Contractor shall procure and shall maintain during the life of
this contract Contractor's Public Liability Insurance in an amount
riot less than $50,000 for injuries, including accidental death, to
any one,person, and subject to the same limit for each person, h.
ia`ari amount not less than $100,000 on account of one accident; slnd
.Contractor.'s Property Damage Insurance in an amount of not less'*.
than $25,000 on account of one accident and $50,000 aggregate.
3.173 ADDITIONAL LIA LITY: The Contractor shall furnish insur-
once as separate po'l ties or by additional endorsement to one of
the above mentioned policies, and in the amount as set forth for
public liability and property damage, the following insurances
a. Contingent Liability
b, Blasting, prior to any blasting being done.
c. Collapse of buildings or structures adjacent to excav-
ation (if excavations are to be performed adjacent to
same).
d. Damage to underground utilities.
e. Builders risk (where above-ground stzuct'gzes.are
#nvplved).
3.174 AyMtVBILE ATE S 1RA 1 : Ems, BQDILY YNSi~RX AH'D PROPERTY AAMAAGE:
The Contractor shall procure and maintain, during the life of
this v6iatraCt, Automobile Insurance in an amount not less than
$25,0a0 for injuries, including accidental death, to any one person
and subject to the same limit for each person, an amount not less
than,$50,000 on account of one accident, and automobile property
damage insurance in an aa,ount not less than $5,000.
3.175 SCOPE OF INSURANCE AND SPECIAL HhZARD: The Insurance
required under the abgve paragraphs shalX,'provide adequate pro-
tection far the Contractor and his sub-contractors, respectively,
&"Last damage claims which may arise from ope-ations under this
eorstraat, whether such,operations by the insurod or by any one
44 11 .1
directly or indirectly employed by him. Insurance also shall be
provided against special hazards, if any, as may be set forth in
the Special 6onditione or Special Provisions, or elsewhere in
these Contract Documents.
3.176 PROOF Off' CARRIAGE OF INSURANCE= The Contractor shall
furnish the owner with-satisfactory proof of coverage by insur-
ance required in these Contract Documents in amounts and by .
carriers satisfactory to the Owner. Proof of carriage of insur-
ance by sub-contractors shall be furnished.
4. PROSECUTION AND PROGRESS
4.01 R'I= &M pMXR OF COMPLETION{, It is the meaning and intent
of this contract, unless otherwise herein specifically provided,
that the contractor shall be allowed to prosecute his work at
such times and seasons, in such order of precedence, and in such
manner as shall be most conductive to economy of construction]
provided, however, that the order and the time of prosecution
shall be such that the work shall be substantially completed as
a whole and in part, in accordance with this contract, the plans
and specifications, and tithin the time of completion designated
in the Proposal= providecA, also that when the owner is having
other work done, either by •ontrac:t or by his own force, the
Engineer may direct the time and manner of constructing the work
done under this contract, so that conflict will be avoided and
the construction of the various works being done for the owner
shpil be harmonized.
The Contractor shall submit, at such times as may reasonably be
requested by the Engineer,*chedttles which shall show the order in
which the Contractor proposed to carry on the work, with dates in
which the Contractor will start the several parts of the work,)'
and estimated dates of completion of the several parts,
4.02 EXTENSXON OF T;Mi Should the Contractor be delayed in
the completion of the work by any act or neglect of the Owner or
Engineer., or of any employees of either,or by other contractors
employed by the owner, or by changes ordered in the work, or by
strikes, lockouts, fires, and unusual delays by common carriers,
or unavoidable cause or causes beyond the Contractor's control,
or by any cause which the Engineer shall decide justifies the
delay, then an extension of time shall be allowed for completing
the work, sufficient to compensate for the delay, the amount of
the extension to be determined by the Engineer= provided, however,
that the Contractor shall give the Engineer prompt notice in
writing of the cause of such delay.
4.03 t~jDluW~ES AND DELAYS: No claims shall be made by the
Contractor for damages resulting from hindrances or delays from
any cause (except where the work is stopped by order of the owner)
during the progress of any portion of the work embraced in this
contract. In case said work shall be stopped by the act of the
owner, then such expense as in the jrdgment of the Engineer is
cawed by such stoppage of said work shall be paid by the Owner to
the Contractor.
4.04 LIQUIDATED DAMAGES: The Contractor agrees that time is of
the essence 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 for such extension of time as is provided for under
Extension of Time hereinabove), the Owner may withhold permanently
from the Contractor's total compensation, the sum set forth in
the Special Conditions or Special Provisions (or as elsewhere set
forth in these Contract Documents), as stipulated liquidated
damages for such delay.
5. MEASUREMENT AND PAYMENT
5.01 QUANTITIES AND MEASUREMENTS: No extra or customary measure-
ments of any kind will be allowed, but the actual measured and/or
computed length, area, solid contents, number, and weight only
shall be considered, unless otherwise specifically provided.
5.02 ESTIMATED WANTITIES: This Agreement, including the
specifications, plans and estimate, is intended to show clearly
all work to be done and material to be furnished hereunder. Where
the estimated quantities are shown for the various masses of
work to be dune and material to be furnished under this Contract,
they are approximate and are to be used only as a basis for
3stimating the probable cost of the work and for comparing the
proposals offered for the work. It is understood and agreed that
the actual amount of work to be done and material to be furnished
• under this contract ma! differ somewhat from these estisaates, and
that where the basis for payment under this-contract is the unit
price method, payment shall be for the actual amount of such
work done and the material furnished.
Where payment is based on the unit price method, the Contractor
agrees that he will make no claim for damages, anticipated profits
or otherwise on account of any differeices which may be found
between the quantities of work actually done, the material actually
furnished under this contract and the estimated quantities contem-
plated and contained in the proposal= provided, however, that in
case the actual quantity of any item should become as much as 25%
more than, or 25% less than the estimated or contemplated quantity
for such items, then either party to this Agreement, upon demand,
shall be entitled to a revised consideration upon the portion of
the work above or below 25% of the estimated quantity.
13
Any revised consideration in to be determined by agreement between
the parties, otherwise by the terms of this Agreement, as provided
under "Extra Work".
5.03 PRICE OF WORK: In consideration of the furnishing of all the
necessary labor, equipment and material, the'completion of all
work by the Contractor, and on the completion of all work and of
the delivery of all material embraced in this contract in full
conformity with the specifications and stipulations herein-
con-tained, the Owner agrees to pay the Contractor the prices set
forth in the Proposal hereto attached, which has been made a part
of this contract. The Contractor hereby agrees to receive such
prices in full for furnishing all material and all labor required
for the aforesaid work, also for all expense incurred by him, and
for well and :truly performing the same and the whole thereof in
the manner and according to this Agreement, the attached specifi-
cations and requirements of the Engineer.
5.04 PARTIVI PAYMENTS:. On or before the 10th day of each month
the Engineer shall prepare a Statement showing as completely as
practicable the total value of the work done by the Contractor up
to and including the last day of the preceeding month said state-
ment shall also include the value of all sound materials delivered
on the site of the work that are to be fabricated into the work.
The Owner shall then pay the Contractor on or before the 15th
day of the current month the total amount of the Engineer's
statement, leas 10 per cent of the amount thereof, which 10 per
cent shall be retained until final payment, and further less all
previous payments and all further sums is understood, however,
that in case the whole work be near to completion and some unexpect-
ed and unusual delay occurs due to no fault or neglect on the part
of the Contractor, the Owner may upon written recommendation of
the Engineer pay a reasonable and equitable portion of the
retained percentage to the Contractors or the Contractor, at the
Owner's option, may be relieved of the obligation to fully complete
t:.a work and, thereupon, the Contractor shall receive payment of
the balance due him under the contract subsct only to the condi-
tions stated under "Final Payment".
5,05 USE OF COMPLETED PORTIONS: The Owner shall have the right
to take possession of and use any completed or partially completed
portions of the work, notwithstanding the time for completing the
entire work or such portions may noC have expired, but such taking
possession and use shall not be deemed an acceptance of any work
not completed in accordanc~a with the Cont.-act Documents. If such
prior use increases the cost of oz delays: the work, the Contractor
shall be entitled to such extra compensation, or eytension of
time, or both, as the Engineer may determine.
14
Now
5.06 FINAL COMPLETION AND ACCEPTANCE: within ten (10) days after
the Contractor has given the Engineer written notice that the work
has been completed, or substantially completed, the Engineer and
the owner shall inspect the work and within said time, if the
work be found to be completed or substantially completed in accord-
ance with the Contract Documents, the Engineer shall issue to the
owner and the Contractor his Certificate of Completion, and there-
upon it shall be the duty of the Owner within the (10) ten days
to issue a Certificate of Acceptance of the work t-o the Contractor.
5.07 FINAL PAYMENT: Upon the issuance of the Certificate of
Completion, the Engineer shall proceed to make final measure-
meets and prepare final statement of the value of all work per-
formed and materials furnished under the terms of the Agreement
and shall certify same to the Owner, who shall pay to the
Contractor on or after the 30th day, and before the 35th day,
after the date of the Certificate of Completion, the balance due
the Contractor under the terms of tr.ts Agreement, provided he
has fully performed his contractual obligations under the terms
of this contracts and said payment shall become due in any event
upon said performance by the Contractor. Neither the Certificate
of Acceptance nor the final payment, nor any provision in'the
Contract Documents, shall relieve the Contractor of the obligation
for fulfillment of any warranty which may be required in the
Special Conditions of the Specifications.
5.08 PAYMENTS WITHHELD: The Owner, may, on account of subse-
quently discovered evidence, withhold or nullify the whole or
part of any certificate to such extent as may be necessary to
protect himself from loss on account ofs
a. Defective work not remedied.
b. Claims filed or reasonable evidence indicating probable
filing or claims.
c. Failure of the Contractor to make payments properly to
sub-contractors or for materials or labor.
d. Damage to another contractor.
When the above grounds are removed, or the Contractor provided
a Surety Pond satisfactory to the Owner, which will protect the
owner in the amount withheld, payment shall be made for amounts
withheld because of them.
5.09 DELAYED PAYMENTS: Should the Owner fail to make payment to
the Contractor of the sum named in any partial or final statement,
when payment is due, or should the Engineer fail to issue any
statement on or before the date above provided, then the Owner
shall pay to the Contractor, in addition to the sum shown as
due by such statement, interes,: thereon at the rate of six (6)
r 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 Con-
tractor growing out of such delay in payment, bat the right is
expressly reserved to the Contractor in the event nayments be
not promptly made, as provided under "Partial Payments", at any
time thereafter to treat the contract as abondoned by the owner
and recover compensation, as provided under "Abandonment of
Contract unless such payments are withheld in accordance with the
provisions of "Payments Withheld".
6. EXTRA WORK AND CLAIMS
6.01 EXTRA WORK: It is agreed that the Contractor shall perform
all Extra Work under the direction of the Engineer when presented
with a Written Work order signed by tho Engineer, subject however,
to the right of the Contractor to require a written confirmation
of such Extra'Work order by the Owner. It is also agreed that
the compensation to be paid the Contractor for performing said
Extra w'.-)-) shall be determined ??y one or more of the following methodss
Method A - By agreed unit prices; or
Method B - By agreed lump sum; or
Method C - If neither Method A nor Method B be agreed upon
'before the Extra Work is commenced, then the
Contractor shall be paid the "actual field cost"
of the work, plus fifteen (15) per cent.
In the event, said Extra Work be performed and paid for under
Method C, then the provisions of this paragraph shall apply and
the "actual field cost" is hereby defined to include the cost of
all workmen, such as foremen, timekeepers, mechanics, and laborers,
and materials, supplies, teams, trucks, and rentals on machinery
and equipment, for the time actually employed or used on such
Extra Work, plus actual transportation charges necessarily incurred
together with all power, fuel, lubricants, water, and similar
operating expenses, also all necessary incidental expenses incurred
directly on account of such Extra Work, including Social Security,
Old Age Benefits and other payroll taxes, and a rateable proportion
of premiums on ^erformance and Payment Bonds, and Maintenance Bonds,
and on Public Liability and Propa,rty Damage, and Workmen's Compen-
sation, and all other insurance as may be required by any law or
ordinance, or directed by the Engineer or Owner, or by them agreed
to. 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 Zngineer. The Engineer may also
specify in writing, before the work commences, the method of doing
the work and the type and kind of machinery and equipment to be
used$ otherwise these matters shall be determined by the Contractor.
Unless otherwise agreed upon, the prices for the use of machinery
16
and equipment shall be determined by using 100 b _.ant, unless
otherwise specified, of the latest schedule of ?quipment Owner-
ship Expense adopted by the Associated General Contractors of
America. Where practicable the terms and prices for the use of
machinery and equipment shall be incorporated in the Written
Extra Work Order. The fifteen (15%) per cent of the "actual
field cost" to be paid the Contractor shall cover and compensate
him for his profit, overhead, general suporintendance,'and field
office expense, and all other elements of cost and expense not
embraced within the "actual field cost" as hereindefined, save
that where the Contractor's Camp or Field office must be main-
tained primarily on account of such Extra Work; then the cost to
maintain and operate the same shall be included in the "actual
field cost".
No claim for Extra Work of any kind will be allowed unless ordered
in writing by the Engineer. In case any orders or instructions,
either oral or written, appear to the Ccntractor in involve Extra
Work for which he•should receive compensatinn or an adjustment in
the construction time, he shall make written request to the Engineer
for written order authorizing such Extra Work. Should a difference
of opinion arise as to what does or does not constitute Extra Work,
or as to the payment therefor, and the Engineer insists upon its
performance, the Contractor shall proceed with the work after
making written request for written order and shall keep an accurate
account of the "actual field cost" thereof, as provided under
Method C. The Contractor will thereby preserve the right to sub-
mit the matter os payment to arbitration, as hereinbelow provided.
6.02 TIME OF FILING CLAIMS: It is further agreed by both parties
hereto that all questions of dispute or adjustment presented by
the Contractor shall be in writing and filed with thb Engineer
within thirty (30) days after the Engineer has given any directions,
order or instruction to which the Contractor desires to take excep-
tion. The Engineer shall, within a reasonable time, reply to such
written exceptions by the Contractor and render his final decision
in writing. In case the Contractor should appeal from the Engineer's
decision, and demand for arbitration shall be filed with the
Engineer and the owner in writing within ten (10) days after the
date of delivery to Contractor of the Engineer's final decision.
It is further agreed that final acceptance of the work by the
Owner 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. ~
6.03 ARBITRATION: All questions of dispute under this Agreement
shall be submitted to arbitration at the request of either party
to the disput.3. The parties may agree upon one arbiter; otherwise,
there 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 thrill within ten (10) days, he shall be chosen
17
•
by a District Judge serving the County in which the major portion
of the project is located, unless otherwise specified. Should
the party demanding arbitration fail to name an arbiter within
ten (10) days, the Engineer shall appoint such arbiter. Should
either party refuse or neglest to supply the arbiters with any
papers or information demanded in writing, the arbiters are
empowered by both parties to take ex parte proceedings.
The arbiters shall act with promptness. The decision of any two
shall be binding on both parties to the contract. The decision of
the arbiters upon any question submitted to arbitration under this
contract shall be a condition precedent to any right of legal
action. The decision of the arbiter or arbiters may be filed in
court to carry it into effect.
The arbiter, if they deem the case demands it, are authorized to
award the party whose contention is sustained, such sums as they
deem proper for the time, expense and trouble incident to the
appeal, and if the appeal was taken without reasonable cause, they
may award damages for any delay occasioned thereby. The arbiters
shall fix their own compensation, unless otherwise provided by
agreement, and shall assess the cost and charges of the arbitration
upon either or both parties. The award of the arbiters must be
made in writing.
7. ABANDONMENT OF CONTRACT
7.01 ABANDONMENT BY CONMCTOR: In case the Contractor should
abandon and fail or refuse to resume work within ten'(10) days
after written notification from the Owner, or the Engineer, or
if the Contractor fails to comply with the orders of the.Engineer
when such orders are consistent with the Contract Documents, then,
and in that case, where performance and payment bonds exist, the
Surety on the bonds shall be notified in writing and directed to
complete the work, and a copy of said notice shall be delivered
to the Contractor.
After receiving said notice of abandonment, the Contractor shall
not remove from the work any machinery, equipment, tools, materials,
or supplies then bn the job, but the same, together with any
materials, and equipment under contract for the work, may be held
for use on the work by the Owner or the surety on the performance
and payment bonds, or another contractor in completion of the
work; and the Contractor shall not receive any rental or credit
therefor (except when used in connection with Extra Work, where
,credit shall be allowed as provided for under Section 6, Extra
Work and Claims), it being understood that the use of such equip-
ment and materials will ultimately reduce the cost to complete
the work and be reflected in the final settlement.
18
Where there is no performance bond provided or in case the Surety
should fail to commence compliance with the notice for completion
hereinbefore provided for, within ten (10) days after service of
such notice, then the Owner may provide for c anpletion of the work
in either of the following elective manners:
7.011 The Owner may thereupon employ such force of men and
use such machinery, equipment, tools, materials, and supplies as
said Owner may deem necessary to complete the work and charge the
expense of such labor, machinery, equipment tools, materials, and
supplies to said Contractor, and expense so charged shall be de-
ducted and paid by the Owner out of such moneys as may 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 less
than the sum which would have been payable under this contract
if the same had been completed by the Contractor, then said Con-
tractor shall receive the difference. In case such expense is
greater than the sum which would have been payable under this
Contractor if the same had been completed by said Contractor, then
the Contractor and/or his Surety shall pay the amount of such
excesz to the Owners or
7.012 The Owner, under sealed bids, after five (5) days
notice published one or more times in a newspaper having general
circulation in the county of the location of the work, may let the
contract for the completion of the work under-substantially the
same terms and conditions which are provided in this contract. In
case of any increase in cost to the Owner under the new contract
as compared to what would have been the cost under this contract,
such increase shall be charged to the Contractor and the Surety
shall be and remain bound therefore. However, should the cost to
complete any such new contract,prove to be less than what would
have been the cost to complete under this contract, the Contractor
and/or his Surety shall be credited with the difference.
When the work shall have been substanitally completed the Contractor,
his Surety shall be so notified and Certificates of Completion
and Acceptance, as provided in Paragraph 5.06 hereinabove, shall
bw issued. A complete itemized statement of the contract amounts,
certified to be the Engineer as being correct, shall then be prepared
and delivered to the Contractor and his Surety, whereupon the
Contractor and/or his Surety, by said statement, within fifteen (15)
days after the date of such Certificate of Completion.
In the event, the statement of accounts shows that the cost to
complete the work is less than that which would have been the cost
to the Owner had the work been completed by the Contractor under
the terms of this Contracts 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 supplie's left.
' 19
end. r y t `
on the site of work shall be turned over to the Contractor and/or
his Surety. Should the cost to complete the work exceed the
contract price, and the Contractor and/or his Surety fail to pay
the amount due to the Owner within the time designated hereinabove,
and there•remians any machinery, equipment, tools, materials, or
supplies on the site of work, notice thereof, tools, materials, or
supplies on the site of work, notice thereof, together with an
itemized list of such equipment and materials shall be mailed
designated in this contract; provided, however, that actual written
notice given in any manner will satisfy this condition. After mail-
ing, or other giving of such notice, such property shall be held
at the risk of the Contractor and his Surety subject only to the
duty of the Owner to exercise ordinary care to protect such pro-
perty. After fifteen (15) days from the date of said notice the
owner may sell such machinery, equipment, tools, materials, or
supplies and apply the net sum derived from such sale to the
credit of the Contractor and his Surety. Such sale may be made
at either public or private sales, with or witt.out notice, as
the Owner may elect. The Owner shall release azy machinery,
equipment, tools, materials, or supplies, which remain on the
work and belong to persons other than the Contractor or his Surety,
to their proper owners. The books on all operations provided
herein shall be open to the Contractor and his Surety.
7.02 ABANDONMENT BY OWNER: In case the Owner s}:.11 fail to
comply with the terms of this Contract, and should fail or refuse
to comply with sAtd terms within ten (10) days after written
notification by than Contractor, then this Contractor may suspend
or wholly abandon the work, and may remove therefrom all machinery,
tools, and equipment, and all materials on the site of work that
have not been included in payments to the Contractor and have not
been wrought into the work. And thereupon, the Engineer shall
make an estimate of the total amount earned by the Contractor,
which estimate shall include the value of all work actually com-
pleted by said Contractor (at the prices stated in the attached
proposal where unit prices are used), the value of all partially
completed uork at a fair and equitable price, and the amount of
all Extra Work performed at the prices agreed upon, or provided
for by the terms of this contract, and a reasonable sum to cover
the cost of any provisions made by the Contractor to carry the
w3hole work to completion and which cannot be utilized. The
Engineer shall then mare a final statement of the balance due to
t},e Contractor by deducting from the above estimate all previous
payments by the Owner and all other sums that may be retained by
the Owner under the terms of this Agreement, and shall certify
same to the Owner, who shall pay to th3 Contractor, on or before
thirty (30) days after the date of the notification by the Contrac-
tor, the balance shown by'said final statement as due the Contractor
under the terms of this Agreement.
20
SECTION I
14ATER DISTRIBUTION SYSTEM
A. WATER LINES All work pertaining to the construction of water
'lines or mains which will connect to the City of Denton water distribu-
tion system shall follow these general specifications. Where these
specifications do not cover items in question, they shall be in accor-
dance with requirements of app-{.cable American Water Works Association
specifications.
• B. PIPE All water pipe used in this project shall be of the size
designated, Class 150, and shall be centrifugally cast iron pipe conforming
to the American Standard Specifications A-21-8, Class 22.
C. OPERATION OF VALVES IN EXISTING WATER WORKS SYSTEM The Contrac-
tor shall not operate any valves or fire hydrants in the existing City
of Denton Water Works System without the express permission of the Super-
intendent of the Water Department or his authorized inspectors. The
required operation of valves and hydrants will be done only when an
authorized representative of the City of Denton is present.
D. PIPE LINING All cast iron pipe shall have a cement mortar
lining in accordance with ASA Specificati)n A-21.4, or conforming with
the manufacturer's standard specifications for seal-coated enameline
lining, or an approved equal. It is intended that enamelin,i or approved
equal shall conform with ASA 21.4, except for the thickness of the
lining which shall be one-half the thickness as specified in ASA 21.4.
E. FITTINGS All fittings and specials for cast iron pipe shall
be case iron conforming with American Water Works Association Specifications,
Class D. All fittings all be lined according to Section D.
F. VALVES Gate valves shall be iron body, double disc, parallel
seat, brass or bronze mounted throughout, and have brass o?- bronze
stems. No bronze body valves whatsoever will be permitted. Valves
shall have a non-rising stem and shall open by turning counterclockwise.
All valves shall be equipped with a two (2) inch square wrench nut for
operations unless otherwise specified. Valves shall be designed for a
minimum working pressure of one hundred fifty (150 P.S.I.) pounds per
square inch and shall comply in all respects with the lastet applicable
American Water Works Association Specifications. Valves (also tapping
sleeves and valves) shall be Mueller or equal. All valves shall be
installed as indicated on the plans. For each gate valve the Contractor
shall furnish and install a valve box.
Valve boxes shall be three piece screw type case iron of the
extension type and shall be similar to Trinity Valley Iron and Steel
Company, No. 2291 or Mueller, No. H-10364. The three pieces shall
consist of the top section, bottom section, and cover. Extensions
shall be provided as required.
21
Valves shall be carefully handled and lowered into position in
such a manner as to prevent damage to any parts of the valve. Valves
shall be placed in such positions as indicated on the plans with the stem
in a vertical position and securely held until all connections have been
made.
Gate valves and pipe fittings shall be set and jointed to new pipe
in the manner herein specified for cleaning, laying, and jointing pipe.
Hub ended valves shall be jointed to pipe only with lead joints. Flanged
' and mechanical joint valves will be preferred where suitable.
Cast iron valve boxes shall be firmly supported and maintained
centered and plumb over the wrench nut of the gate valve. The box
cover shall be set flush with the finished surface of the street.
G. JOINTS Field joints for case iron pipe shall be the slip type
joint, roll on or mechanical joint. Pipe of the roll on and slip type
joint shall be laid specifically as recommended by the manufacturer.
Surfaces with which the rubber gaskets come in contact shall
be brushed thoroughly with a wire brush just prior to assembly.
This thorough brushing shall remove all loose rust or foreign
matter which may be present and provide a clear surface which
shall be brushed with soapy water just prior to slipping the gasket
over the spigot end and into the bell. Soapy water shall also
be brushed over the gasket prior to installation . to remove
loose dirt and lubricate the gasket.
Size. Inches Range of Torque, Ft. Pounds
S/S 40 - 60
3/4 60 - 90
l 70 - 300
1-1/4 90 - 120
The above torque loads shall be applied with torque measuring or
indicating wrenches.
When tightening bolts, the gland shall be brought up toward
the pipe flange evenly, maintaining approximately the same distance
between the gland and the face of the flange at all joints around the
socket. the bottom bolt shall be tightened first, then the top bolt,
next the bold on either side and last, the remaining bolt. This cycle
shall be repeated until all bolts are within the above range or torques.
If effective sealing is not attained at the maximum torque, the joint
shall be disassembled and re&ssembled after thorough cleaning. Over-
stressing of bolts to compensate for poor installation will not be allowed.
Deflection from a straight line or grade made necessary by
vertical or horizontal cu n es or off-sets shall not exceed the following
limits:
22
N .
Nominal Diameter of Pipe Length of Pipe Deflectio-
2 inches 16 feet 28 inches
6 inches 16 feet 24 inches
8 inches 16 feet 18 inches
The deflection is the distance between the center lines extended
of any two connecting pipes.
H. LAYING PIPE After placing a length of pipe in the trench,
the yarning materials for the joint shall be held around the bottom
of the spigot so that it will enter the bell as the pipe is shoved
into position. The spigot shall be centered in the bell and the pipe
forced "home" and brought into true alignment. It shall be secured
there with earth carefully tamped under and on each side of it, except-
ing at the bell holes. Care shall be taken to prevent dirt from enter-
ing the joint space. No blocking up of the pipe or joints will be per-
mitted. Whenever it is necessary to deflect pipe from a straight line,
either in the vertical or horizontal plane, to make small angles in
alignment to avoid obstructions, to plumb stems, or for other reasons,
the degree of deflection shall not exceed that shown by the Handbook
of the Cast Iron Research Association.
Although the above section applies primarily to bell and spigot
pipe, all applicable portions apply as well to roll on and mechanical
joint pipe.
I. SETTING GATE VALVES AND SERVICE BOXES Gate valves and valve boxes
installed in trenches, shall be placed where required. They shall be
set plumb and the valve boxes shall be directly over the valves. After
being correctly positioned, earth fill shall be carefully tamped around
the service box for a distance of four feet on all sides of the box.
Each service box shall be set in a concrete pad, two feet square and
eight inches thick at ground elevation or as directed by the City of
Denton.
J. EXCAVATION Trenches shall be excavated by a trenching machine
except in locations where hand trenching is required. The banks of
trenches shall be vertical.
Trenches will be excavated to the lines and grades laid out by
the Engineer or as shown on the plans.
The width of the trench shall be six (6) inches minimum and
eight (8) inches maximum on each side of the pipe bell.
Trenches for water pipe shall be carried to a depth necessary
to obtain a minimum cover of three feet six inches (42") over the pipe
as measured from the proposed street surface', or as indicated in the
drawings.
23
IMMMOMR
i
f
i
f
If the bottom of the trench becomes an unstable foundation
for the pipe thr;.ugh the neglect of the contractor to adequately
shore or dewater the trench, or if the undistrubed material
encountered at the grade depth constitutes, in the opinion
of the Engineer, an unstable foundation for the pipe, the
contractor will be required to remove such unstable material
and backfill the trench to the proper grade with approved
compacted gravel.
2. Also, if the trench is inadvertently excavated deeper than
necessary, it shall be backfilled to the proper grade with
approved compacted gravel at the contractor's expense.
The contractor shall remove any water which collects in the trenches
while water pipes are being laid. In no case shall water be allowed to
run through the pipe. Water encountered shall be disposed of by the
contractor in a manner satisfactory to the Engineer.
The bottoms of the trenches for all pipe shall be carefully and
truly graded, formed and lined according to the grades and dimensions
furnished by the Engineer before any pipe is laid therein. Bell
holes shall be excavated by hand.
The contractor shall excavate all trenches, including work necessary
in working around existing pipe lines or other obstructions. The con-
tractor shall give notice to the owners of: any such lines of obstructions
in order that they may have time to take the necessary precautions for
protecting their property. The contractor shall be responsible for
protecting the owner from any damage :rom his operations in such work.
In rock, excavation shall be carried four (4) inches below the
bottom of the pipe.,and loose eP~th or gravel, thoroughly tamped, shall
be used ::or backfilling to grade.
After testing and inspection of pipe lines have been finished on
any completed portion of the work, the trench may be backfilled. Back-
filling shall be accomplished in compliance with the applicable portions
of there specifications.
K. BACKFILLING Trenches shall be backfilled with material selected
from the trench excavation, or obtained from other sources, which is free
from stones of such size as to interfere with compaction and is free from
large lumps which will not break down readily under compaction. The
Engineer shall have the right to reject any material containing more than
20 percent by weight of material retained on a 3-inch sieve, or material
excavated in such a manner as to produce large lumps not easily broken
down or which cannot be spread in loose layers. In general, material
excavated by means of a trenching machine will meet the requirements
above provided large stones are not present.
24
t
After the bedding has been prepared and the pipes installed
as required by the pertinent specifications, selected materials
from excavation or borrow shall be placed along both sides of the
pipe equally, in uniform layers not exceeding 6 inches in depth
(loose measurement), wetted if required, and thoroughly compacted
,o that on each side of the pipe there shall be a berm of thoroughly
compacted material at least as wide as the external diameter of the
pipe, except insofar as undisturbed material obtrudes into this
area.
Filling and/or backfilling shall be continued in this manner
to the elevation of the top of the pipe. Special care c;hall be
taken to secure thorough compaction of the materials placed under
the haunches of the pipe. All fill or backfill below the top of
pipe shall be compacted mechanically in the manner prescribed
above, regardless of whether or not such material is placed within
the limits of the embankment or roadbed.
That portion of the backfill above the top of the pipe which
supports the embankment or roadoed shall receive mechanical compaction
and shall be placed in 6 inch layers in depth (loose measurement). The
portion which will not support any part of the embankment or roadbed
shall be placed in layers not more than 10 inches in depth (loose
measurement) and shall be compacted by whatever means the Contractor
chooses to a density comparable with the adjacent undisturbed material.
Hand operated mechanical tampers may be used with approval of
the Engineer for compacting backfill.
L. iANNECTION TO EXISTING WATER MAINS
A. Description - Where indicated on the plane and/or hereinafter
specified, the Contractor shall connect the new main with existing mains
or lines. This will be accomplished in the manner essentially shown
or specified. The Contractor shall furnish all labor, materials, equip-
ment, and services required for the locating and uncovering of the
existing line, the making of cuts in the existing line, the removal,
relocation and/or lowering of existing lines as required, de-watering
of the trench, connecting of the existing line into the ne,. main and
any and all appurtenant work required for a complete connection. Re-
located mains or lines shall be laid so that all vales so re-located
or installed shall be set vertically.
Only such connections to existing mains as are necessary to load,
test and sterilize mains under construction with water from city mains
will be permitted prior to the sterilization of new mains. All other
connections to existing mains from a new main being constructed shall
be made. Contractor will be required to install flanged gate valves
or otherwise plug and block lines, crosses, tees or other fittings
installed in the new main to permit testing and sterilization prior
to the making of connections. Such plugs and blocking shall be
adequate to withstand a test pressure of 150 pounds per square inch.
No blocking will be required from flanged gate valves.
ldaere cut-ins are made immediately adjacent to valves which are
under pressure, the Contractor shall take all necessary precautions
to brace such valves with temporary blocking and bracin8 which shall
be of ample size and properly placed to prevent movement or blowing
off of any pipe, valves or fittings due to water pressure on the main.
Connections to existing water mains shall be made at the locations
shown, as specified and/or as directed by the Engineer. All such
connections shall be made in a most expeditious workmanlike manner
to cause the least inconvenience to water customers and to traffic,
• and shall be made at night unless otherwise approved by the Engineer.
The detailed schedule of operations for making each connections shall
be approved by the Engineer before any work thereupon is commenced.
M. CONCRETE BACKING Concrete having compressive strength of not
less than 1500 pounds per square inch shall be used as a cradle or
backing where shown on the plans or where directed by the Engineer.
Bends of 22h degrees and greater, plugs and all tees, crosses, etc.,
shall be backed with concrete as a thrust backing. -'ackina shall be
placed between solid ground and the fitting to be a:chored; the area
of bearing on pipe and on ground in each instance shall be that required
by the Engineer. The backing shall, unless otherwise directed, be placed
so that the pipe and fitting joints will be acce3-lble for repair.
Concrete shall be composed of normal Part.and Cement, coarse
aggregate, fine aggregate, and water porportioned and mixed properly
in a concrete mixer. Transit mix concrete w.'7.1 be allowed; Portland
Cement shall be Type I and shall be fully protected until incorporated
in this work. Gravel to be used for coarser aggregate shall consist
of clean, hard, durable grains, and shall be free from an excess of
salt or alkali and foreign materials. Concrete shall have a compressive
strength of not less than 1500 pounds per square inch at twenty-eight
(28) days and shall have not less than three (3) sacks of cement nor
more than six and three-fourths (6 3/4) gallons of water per cubic
• yard of concrete.
N. TESTING WATER MAINS All pipelines shall be tested under pressure
of 150 pounds.
Duration of test shall he not less than two (2) hours where joints
are exposed and not less than twenty-fo,,- (24) hours where joints are
covered.
All visible leaks at exposed joints and all leaks evident on
the surface and covered shall be recaulked or reassembled and minimized
regardless of the total leakage as shown by test.
26
wawa'tLr7~lY~ros~.•
All Pipe, fittings and other materials found to be defective
under test shall be removed and replaced at the contractor's expense.
i
0. PElk"415SIBLE LEAKAGE No pipe installation will be accepted until
the leakage per 100 pipe -joints per hour is less than the following. f
PERMISSIBLE LEAKAGE PER 100
PIPE SIZE JOINTS IN GALLONS PER HOUR
5.30
0" 6.62
P. VARIATION FROM PERMISSIBLE LEAKAGE Should any test of pipe
in place disclose leakage greater than the specified, the contractor
shall at his own expense locate and repair the defective joints until
the leakage is within the specified allowance.
Q. LEAKAGE DEFINED 'Leakage is defined at the quantity of water
supplied into the newly laid pipe, or any valved section of it, {
• necessary to maintain the specified leakage test pressure after the
pipe has been filled with water and air expelled.
R. STERILIZATION OF WATER MAINS Each unit of completed water
line installed shall be thoroughly sterilized with chlorine or hypo-
chlorite before it is placed in operation. The amount of chlorine
applied shall be such as to provide a dosage of not leas than fifty
(50) parts per million. The chlorination material shall be introduced
to the water line in such a manner as to distribute the chlorine
throughout the system. All valves in waLor lines being sterilized
shall be opened and closed several tines during the twenty-four (24)
hour period. Following a contact period of not less than ts:enty-four
(24) hours, the sterilizing solution shall be discharged from the
pipe and replaced with City Water direct from a City Main. A sample
of water from the sterilized main shall be taken (not through a fire
hydrant) from a suitable tap under the supervision of the Engineer or
his Inspector and submitted to the City Chemist or the State Health
Department for analysis. If the test shows a satisfactory quality of
:ter, the line so sterilized may then be placed in service. If the
sample Rhows unsatisfactory quality of water, the process of steriliza-
tion shall be repeated until a satisfactory water is obtained.
S. PAVEMENT R PLACEMENT: At locations where asphalt surfaced
flexible base roadways are cut by trenches, the flexible base material
shall be salvaged and replaced as base material under the asphalt
patch. The 2" '3MAC surface shall comply with the City of Denton Standard
Specifications. All paving shall be tut in a straight and uniform manner.
T. STEEL ENCASEMENT PIPE: Steel encasement pipe where required, shall
be 16 gage corrugated galvanized steel.
27
SECTION II
MEASUREUNT AND PAYMENT
A. GEIZE?.AL The "Bid Price" for each and every item as set
forth in t proposal shall. include the furnishing of all labor,
tools, materials, machinery, appliances, plant and equipment
necessary for the construction and completion in a first class
workmanlike manner of all work as herein specified in strict
accordance with these specifications and accompanying plans.
The "Bid Price" shall also include any and all kinds, amount
or class of excavation, backfilling, pumping or drainage, sheet-
ing, shoring and bracing, disposal of any and all surplus
materials, permanent protection of all overhead, surface or
underground structures; removal and replacement of any poles,
conduits, pipe lines, appurtenances and earnections, cleaning
up, overhead expense, bond, public liability and compensation
and property damage insurance, patent fees, and royalties, risk
due to the elements, and profits, unless otherwise specified.
The bid price shall also include all other incidentals
not specifically mentioned above that may be required to fully
construct each and every item complete in place in accordance
with the true intent and meaning of the specifications and
accompanying plans.
B. FURNISHING AND INSTALLING PIPE Pipe of each size will be
measure from center o fitting to center of fitting or end of
pipe without any deduction for the length of intermediate
fittings, speciels or valves. Payment will be made at the price
bid per foot of pipe for the various kinds and sizes, which bid
price shall include hauling and laying of pipe, sheathing,
shoring and pumping where necessary, trench excavation and
baokfilling, protecting or replacing existing structures or
utilities, testing, disposal of surplus material, cleaning up
• and maintenance and any incidental work not otherwise provided
for in these specifications, all in strict accordance with the
specifications, drawings and/or instructions of the Engineer.
0. OAST IRON FITTINGS Payment for the furnishing and
installation of.cas iron fittings will be at the unit price
bid per pound. The unit price shall include point material,
conorete-baoking, labor, etc. Weights will be determined from
"Handbook of Cast Iron Pipe" by the Cast Iron Pipe Research
Association.
D. GATE 'VALVES Payment for the installation for gate valves
will be`made a e unit price bid per valve. This price shall
include installing valve, furnishing and installing valve box, etc.
i
28
E. HYDROSTATIC TEST No separate payment will be made for
the hydrostatic test. The cost of the test shall be included
in the bid price for pipe in place.
F. STERILIZATION OF MAI1d3 No separate payment will be made
for sterrI zza ion of the ma ns. The cost of such work shall
be included in the price bid for pipe in place.
G. CONNECTIONS TO RMTING 14AINS Payment for valves, fittings,
pipe, eto wirl be made at the unit price bid for the various
items. Payment will be made for connecting the new line to the
existing mains at the unit price bid per each.
H. ROCK EXCAVATION Payment will be made for rook excavation
at the unit pr cs bid for eacii type of excavation allowed. The
Contractor shall obtain a blasting permit from the City of Denton
before any blasting operations are begun, and shall comply %rith
the City of Denton regule.tiorts required for obtaining the permit.
I. CONORETE FOR BLOCKINC. AND CRADLE Concrete for Blocking
and Cradle shall e paid. or at the unit price bid for the
amount actually installed.
J. ASPHALT FOR PAVING REPLA0E24ENT Asphalt for paving replace-
ment shall a pa or a e un t price bid, for the amount
actually installed.
K. GRAVEL BAOKFILL Gravel backfill, where required, shall
be at the un pr ce id. All other backfill shall be included
in the price bid for pipe, and no separate payment shall be
made for such backfill.
29
SECTION III
PROJECT 14AINTENANCE, OLEAI,IUP AND GUARANTEE:
A. GEMAL: During the prosecution of the work, the Contractor
shall maintain the project site in orderly and acceptable manner.
Upon completion of any uni+, of work, it shall be maintained by
the Contractor until accepted by the Owner.
Upon the completion as a whole of any section of work
' covered by these contract documents and before final acceptance
and final payment will be made; the Contractor shall clean and
remove from the site of the porject surplus and discarded
materials, temporary structures and debris of every kind; he
shall leave the site of all work in a neat and orderly condition
equal to that which originally existed. Surplus and waste
materials removed from the site of the work shall be disposed
of at locations satisfactory to the Engineer.
B. GUARANTEE: The Oontractor shall guarantee the work for a
period o`foone (1) year after date of acceptance by the owner.
Daring this period the Oontractor shall make ary repairs and/or
replacement of defective materials, reworking due to poor
workmanship, all as may be required for full compliance with
these Specifications. This guarantee shall apply to all matters
reported by the Owner in writing within one (1) year period and
this guarantee shall be covered by the extension of the Perfor-
mance Bond.
s
30
The above plans, specifications, bid, bid proposal, and/or drawings
are hereby approved by the contracting parties, and are incorporated
into and made a part of the general contract agreement by and between
Contractor and the City of Denton, called Own r.
' DateJ and endorsed this r_'4y of
A.D., 19
• Elm For Construction Company
FM FORK CONSTR. CO., INC
Contractor Ed, H. Farrow
CITY OF DENTON, TEXAS
BY. I ~o
Robert L. Pear- ce
Director of Community Development
_ A
A M T R/ ~d q N CH u UFO L T Y G 0 M Pf I N Y
O F R E A D I N G. P E N N 6 V L V A N I A
TEXAS STATLYMY PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS, That ELM FORI( CONSTR. CO. , INC.
(Hereinafter called the Principal) as Principal and AMERICAN CASIULcY COMPANY OF
READING, PENNSYLVANIA, (Hereinafter called the Surety), as Surety are held and
firmly bound unto CITY OF DENTON, TEXAS
(Hereinafter called the obliges), in the amount of TWEE THOUSAND SIX
HUNDRED AND 20/100 - - - - - - Dollars 20.600.20 ) for the payment
wherso , the said Principal and Surety bind themselves, an their heirs, administra-
tors, executors, successors, and assigns, jointly and severally, firmly by these
presents.
WHERaASs the Pt has ent int a certain L ten contract with the
Obligae, dated the day of , 19 to
INTERSTATE HIGHWA 35 E
WATER RELOCATION 1967
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 materials to his or a sub-
contractof in the prosecution of the work provided for a said contract, then this
obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, That this bond is executed, pursuant to the provisions
of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the
U th Legislature, Regular Sessions 1959, and all liabilities on this bond shall
be determined in accordance with the provisions of said l.rtiele to the same extent
as if it were copied at length herein,
in WITNESS P the said i and surety have si ad and sealed this
intrumaut this day of
ELM FCIK CONSTR. CO. INC.
w-`s Pr ne ipa
By
~ I O ! rrl 4': C().
AMERICAII CASUALTY COMMY
HOUSENIAN jqZ J .>>;NO of RiAtIMs. PRRiSYLHAm
DP..LLAS 1, TEXAS
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Ammitwx rLuoutirTY
C 0 M P A N Y O i ~J Q
CERTIFIED COPY I I. C i s . P 1 r• 1 v, r 1•. Nde sr_. .
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA. a Pennsyl-
vania Corporation, having its principal office in the City of Reading, County of Berks, Commonwealth of Pennsylvania, pursuant to
the following By-law, adopted by the stockholders of the said Company on November 21st, 195, to wit,
"Article VI-Section 2. Powers of Attorney-The President, or any Vice President shall have power and authority to appoint
Atiorneys•In-Fact, a id to euthorize them to execute on the behalf of the Company and attach the seal of the Company thereto, bonds
and undertakings, recognizances, contracts 0 indemnity and other writings obligatory In the nature thereof. and they may, at any
time, revoke the authority of any such Atlomeys-in-Foct,"
does hereby conmitule and appoint GE1IVA WADDLE x of
Dallas, Texas
its true and lawful attorney(s)-In-fact, to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings,
rtcognitances, contracts of indemnity and other writings obligatory in the nature thereof, whi:h are or may be allowed, required or
permitted by law, statute, rule, regulation, contract or otherwise, #
#
#
and the execution of such instrument(s) in pursuance of these presents. shall be as binding upon the said AMERICAN CASUALTY
COMPANY OF READING, PENNSYLVANIA, as fully and amply, to c" intents and purposes, as if the rame had been duly executed
and acknowledged by its regularly elected officers at Ise principal office.
ALL AUTHORITY HEREBY CONFERRED SHALL EXPIRE AND TERMINATE WITHOUT NOTICE AT MIDNIGHT OF IrAff finite
IN WITNESS WHEREOF, the AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA has caused these presents to be
signed and its corpora!, seal to be affixed by Its authorized officer this ,2nd day of 'Alta, }g 66
(CORPORATE SEAL) Rile
y,__...._,,
Viee•Preddesl
COMMONWEALTH OF PENNSYLVANIA. 1 SS
COUNTY OF BEAKS, 1
On this 2nd.,. _ day of .,i1Aa 19.66 before me came ,he individual. to me personally known, who ex-
ecuted the preceding Instrument, and being by me duly sworn, said that he is the therein described and authorized officer of the
AMERICA'S CASUALTY COMPANY OF READING, PENNSYLVANIA, that the seal affixed io said instrument is the corporate seal of said
Company, and the said corporate teal and his signature were duly affixed by the authority and direction of the said Corporation,
and that Article VI, Section 2, of the By-Laws. of said Company, referred to in the preceding instrument, is r.cw in force.
IN WITNESS WHEREOF, I have hereunto set my hand, and affixed my official seal at the City of Reading, the day and year first
above written
;Ay commission expires . _ MarCkr, 23rd, 19 09, Robert C/ Pahl _
Notary Public
COMMONWEALTH OF PENNSYLVANIA, SS.
COUNTY OF BEAKS. (NOTARIAL SEAL AFFIXED)
r, C. Sadltwsk i, Assistant Secretary of the AMERICAN CASUALTY COMPANY OF READING.
PENNSYLVANIA, do hereby certify that the foregoing le a true and correct copy of Power of Attorney Issued by said American Casu.
alty Company of Reading, Pennsylvania, and that I have compared same with the ORIGINAL on file in the Home Office of said Com-
pany, and that it is a correct transcript thereof and of the whole of the said original, and that the said Power of Attorney has not been
revoked and is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto subscribed my oftme as Astis t core( and affixed the corporate seal of the Com-
pany at the City of Reading. Pennsylvania, this V?0rday of _ 196 `
Assistant Serntary.
flit !t
111! ROT::;
' HUU::,1r' i,,%N' hi:;,l,ltiG
re.R. t-xs-se-xo
DALLAS 1. TEXAS