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DENTON, TEXAS
WATERWORKS IMPAi VEMENTS
PIANS, SPECIFICATIONS, AND CONTRACT r?CCL'"-TNTS
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City of Denton municilrut I?rrii(4irig, Derrtvrt,Teats 76201
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August 5, 1969
Mr. L. M. Jordan, Jr.
Village Insurance Agency
Post Office Box 8002
Dallas, Texas 75205
Re: Civil Defense Water Well $ Ptunp
D. L. Myers - Contractor
Dear Dlr. Jordan:
Enclosed please find executed copy of the Contract
with D. L. Myers as requested. The Bond is attached to same.
If any further information Is needed, please let us know.
Yours truly,
Brooks Molt
City Secratary
BH:db
Enclosures
,MIMIIa
VILLAGE INSURANCE AGENCY
MtA$ HIGHLAND PARK SHOPPING VILLAGE - TR[pNGN4 526.0133 YOUR
ASSOC.Anp ~tfi/OIACt /AGENT
q P. 0. BOX 6003 OALLAl, TCXAS 75305 s..,.. .ou .un
'.NSV.ANCI ~
GIM7
Augunt 1, 1969
City Secretary
City of llehton, Texas
Re: Civil Defense Water Well & Pump
D. L. Myers- Contractor
Surety Bond
Gentlemen:
Through Trinity Universal Insurance Company this agency issued
Performance and Payment Bond naming City of Denton as Obligee.
It is required by the surety company that a copy of thn Executed Contract
and Bond be furnished so that the exact subject of the Bond is known.
Mr. D. L. rVera advises that he does not have an extra copy of the
bond for the surety company files. Would you kindly furnish this.
If n3cessary, photocopies of the signed instruments, including the
specifications will be accepted and your very prompt attention to
this request will be greatly appreciated.
>.y tr as
L. M. ordan, r,
cc-Trinity Universal
Att: Mr. Ben Tramell
L. M. "MAC" JORDAN
DEPENDABLE COUNSEL AND SERVICE SINCE 1930 FOR CONTRACTOR-MERCHANT-HOMEOWNER
OENTON, TEXAS
WATERWORKS IMPROVEMENTS
PLANS, SPECIFICATIONS, AND CONTRACT DOCUMENTS
FOR CONSTRUCTION OF
PALUXY SAND WATER WELL
AND WATER SYSTEM
JANUARYS 1969
FREESE, NICHOLS AND ENDRESS
Consulting Engineers
TABLE OF CONTENTS
- Pale
NOTICE TO BIDDERS a
INSTRUCTIONS TO BIDDERS b
PROPOSAL d
SPECIAL CONDITIONS g
CONTRACT AGREEMENT 1
PERFORMANCE BOND 3
PAYMENT BOND 5
GENERAL CONDITIONS OF AGREEMENT 7
DETAIL SPECIFICATIONS
1. Scope 29
2. Slush Pit 29
3. Depth of Well 29
4. Logs, Formation Samples and Alignment 29
5. Well Construction 30
6. Development 32
7. Well Pumping Unit 32
8. Disinfection 33
9. Pump Discharge Lines 34
10. Discharge Valves 34
11. Electrical 34
12. Cleanup 35
13. Records 35
14. Payment 35
I1'StRUCTIONS TO BIDDERS
1. PROPOSAL FORM: Bidders shall use the proposal forms Included In the
documents for each contract. Proposal forms are to be left attached to
documents In same manner as received by Bidders. Supplemental data to be
furnished shall be included In same sealed envelope with Proposal.
2. DELIVERY OF PROPOSAL: It shall be the Bidder's responsibility for the
delivery of his proposal at the proper place by the time stated in the Notice
to Bidders. The mere fact that a proposal was dispatched will net be con-
sidered. Each proposal shall be in a sealed envelope plainly marked with
the work "PROPOSAL" and the name or description of the project as shown on
the front cover of the Contract Documents.
3. BID SECURITY: Each bid must be accompanied by a certified or cashier's
check or an approved bidder's bond made payable to the Owner In an amount
of five (5y) percent of the largest possible total of the bid as a guarantee
that, if awarded the contract, the Bidder will enter into a contract and
execute all necessary bonds.
4. PERFORMANCE BOND: with the execution and delivery of the contract, the
Contractor shall furnish a performance bond for the full amount of the contract.
Bond shall be executed by an approved surety company authorized to do business
in the State of Texas, and acceptable according to the latest list of companies
holding Certificates of Authority from the Secretary of the Treasury of the
United States of America. Performance Bond shall be arranged to extend for
a period of one (1; year beyond the date of written acceptance of the work
by the Owner, to guarantee the repair and/or replacement of defective materials
and/or workmanship which may develop during this period.
5. PAYtENT BOND: In addition to the performance bond, the Contractor shall
furnish a payment bond for the full amount of the Contract. Payment bond
shall be executed by an approved surety company authorized to do business
in the Tate of Texas, and acceptable according to the latest liat of com-
panies holding Certificates of Authority from the Secretary of the Treasury
of the United States of America.
6. BIDDER'S KNOWLEDGE OF CONDITIONS: Prior to submission of a proposal,
bidders shall have made a thorough inspection of the site of the work, and
a thorough examination of the plans and specifications, and shall become
informed as to the nature of the work, labor conditions, and all other matters
that may affect the cost and time of completion of the work.
7. INTERPRETATION OF DOCUMENTS: If any person contemplating submitting a
bid for the proposed contract Is in doubt as to the meaning of any part of
plans, specifications, or other proposed Contract Documents, he may submit
to the Engineer a written request for an interpretation thereof prior to
48 hours of the time for opening of bids. The person submittinZ the request
will be responsible for Its prompt delivery. Any Interpretation of these
b
documents will be made only by addendum duly issued and a copy of such
addendum will be mailed or delivered to each person receiving a set of
such documents. The owner will not be responsible for any other explana-
tions or interpretations.
END OF INSTRUCTIONS TO BIDDERS
c
PROPOSAL
Denton, Texas
April 1, 1969
• PROPOSAL OF D. L. MYERS a corporation
organized and existing under the laws of the State of ,
a partnership consisting of
an individual trading as D. L. Myers ,
TO: Mr. James W. White
City Manager
City of Denton, Texas
Pursuant to your "Notice to Bidders", the undersigned hereby proposes
to do all the work and furnish all necessary superintendence, labor, machinery,
equipment, tools, and materials, and to complete all the work upon which he
bids, as provided by the attached specifications, and binds himself on accep-
tance of his proposal to execute a contract and bonds, according to the
accompanying forms, for performing and completing the said work within the
time stated, and maintaining same as required by the detailed specifications
for the following prices, to-wit:
• ITEM DESCRIPTION TOTAL
NO. (Price to be Written in Words) Amount Bid
1. For constcuction and completion of one (1)
Paluxy Sand 'dater Well with an estimated
total depth of 730 feet, complete with
pumping unit, pump head vault, discharge
piping and valves, electrical wiring,
start-up, etc., the lump sum of
Six Thousand Two Hundred
Ninety and
No/100 Dollars $ 6,290.00
d
ITEM DESCRIPTION TOTAL
NO. (Price to be Written in Words) AMOUNT BID
24 For Variation in estimated quantities:
a. For variation in depth of 8-518" O.D.
casing, including drilling, cementing, etc.,
add or deduct
Two Dollars per L.F. $ 2.00
5y"
b. For variation in depth of NX9XX M O.D.
casing, including drilling, cementing,
etc., add or deduct One
72.100-------------- Dollars per L.F. $ 1.72
- and c. For variation in length of 2-7/811 O.D.
blank liner, add or deduct
Eighty/cents Dollars per L.F. $ 0.80
d. For variation in length of 2-7/811 wire
wrappeC screen liner, add or deduct
Eight and No/100 Dollars per L.F. $ 8.00
e. For hole abandoned after drilling if
found unsuitable for well construction
One Thousand Four Hundred
and No/100 Dollars per L.F. $ 1,400.00
f. For variation ?f,,hole depth below
bottom of 9*66 W sing, including
gravel, add or deduct
Three and N6/100-------- Dollars per L.F. $ 3.00
The undersigned hereby declares he has visited the site of the work and has
carefully examined the Contract Documents relating to the work covered by
the above bid.
The undersigned furthe: declares that he will provide all necessary tools
and apparatus; do all the work and furnish all of the materials and do
everything required to carry out the above mentioned work covered by this
proposal in strict accordance with the Contract Documents, and the require-
ments pertaining thereto, for the sums set forth above.
e
The undersigned agrees to commence work within ten (10) days after written
notice to commence work, and to substantially complete the work on which
he has bid within 45 consecutive calendar
days.
The undersigned acknowledges receipt of the following addenda:
Addendum No. 1
Addendum No. 2
Addendum No. 3
Enclosed with this proposal is a Cash;er's or Certified Check for
Dollars, or a Proposal Bond in the sum of Five Per Cent of
Greatest Amount Bid )Dollars
which it is agreed shall be collected and retained by the Owner as
liquidated damages in the event this proposal is accepted by the Owner
within thirty (30) days after the date advertised for the reception of
bids find the undersigned fails to execute the contra4t and the required
bond with the Owner, under the conditions hereof, within ten (10) days
after the date said proposal is accepted; otherwise said check or bond
shall be returned to the undersigned upon demand.
Respectfully submitted,
D. L. MYERS
By
1494 Ilishland Street
Denton, Texas
Address
(SEAL) If Bidder Is a Corporation
f
SPECIAL CONDITIONS
1. WORK TO BE DONE: The work to be done comprises furnishing of all
materials, labor, tools, equipment, and appliances necessary for the con-
struction and completion of a Paluxy Sand Water Well, equipping the well
with a submersible pumping unit, and making all piping and electrical con-
nections necessary to place the unit into service.
2. WAGE RATES: Wage rate schedules which follow have been determined to
be the minimum prevailing rate of wages for this area, and shall be considered
the min!,uum rates to be paid under this contract. It shall be the responsibility
of the Contractor to use the proper classifications in accordance with the
practice in the area. A copy of the wage rate schedule contained herein must
be posted and kept posted in a conspicuous place on the site of the project
at all times during construction. This responsibility will also rest with
the Contractor.
3. MATERIALS FURNISHED BY OWNER: The Owner has already installed the motor
starter for the proposed pumping unit, and the building service water line
to which this pump discharge line must connect. No other materials will be
furnished by the Owner.
4. SALES TAXES: The Owner qualifies as an exempt agency pursuant to the
provisions of Article 20.04 (F) of the Teyas Limiter Sales, Excise and Use
Tax Act, and is not subject to any State or City Sales taxes.
The Contractor performing this contract may purchase, rent or lasso all
materials, supplies, equipment used or consumed in the performance of this
contract by issuing to his rupplier an exemption certificate in lieu of the
tax, said exemption certificate complying with State Comptroller's ruling
#95-0.07. Any such exemption certificate issued by the Contractor In lieu
of the tax shall bo subject to the provisions of the State Comptroller's
ruling #95.0.09 as amended to be effective October 2, 1968.
5. AWARD OF CONTRACT: The Owner reserves the right to award the contract
based on its decision as to the best bid submitted. The Owner also reserves
the right to reject any or all bids. Unreasonable or unbalanced unit prices
will be cause for rejection of any bid.
6. WATER FOR CONSTRUCTION: The Owner will furnish all water required during
construction. Water will be available at points on the distribution system.
The Contractor shall, at his expenses lay such lines and make such connections
as he may need, subject to the approval of the Water Department. Where water
is taken from fire hydrants, this Contractor shall furnish a valve for use
in turning the water on and off so that the fire hydrant valve will not be
used.
9
7. DISPOSAL OF EXCESS MATERIAL: This Contractor will be required to dispose
of all excess dirt, rocks and other debris from the various excavations,
which may not be required for backfill purposes.
• END OF SPECIAL CONDITIONS
f
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•SOL-Ire .
I1-tN
U.S. DEPARTMENT OF LABOR
OFFICE OF THE SECRETARY
WASHINGTON
DECISION OF THE SECRETARY
This case is befui; the Doi artmont of Labor pursuant to a request for a wage prcde-
terminatlon as requires by law applicable to the work described.
A study has beer, made of wage conditions in the I c~Lty anc based on inf,rn,ation
available to the Department of Labor the wage rates and fringe payments listed arc hereby
determined by the Secretary of Labor as prevailinh for the described classes of labor in
accordance with applicable law.
:This wage determination decision and any modi5catlons hereof during the period prior
to the stated expiration date shall be made a part of every contract for performance of the
de;criboM %vork as provided by applicable law and regulatior.s of the Secretary of Labor, and
the ware rates and fringe payments contained in this d region,, including modifications, shall
bo the miniiaurns to be paid under any such contract by contractors and subcontractors on
t-e wurk,
The contracting o.11cer shall require that any class of 1x'4orers and mechanics which is
rot listed in the wage determination and which is to be emnloyed under the contract, shall be
clasiieJ or reclairif.ed conformably to the wag rirterm;nation, and a report of the action
taken shall be sent by the Federal agency to the Secretary of Labor. In the event the inter.
ested parties cannot agree on the proper ciass.Acation or reclcssi.•.calion of a particularclass
of laborers and mechanics to be used, the question accompanied by the recotuner,dstion of the
contracting officer shall be referred to the Secretary for determination.
Before using apprentices on the job the contractor shall present to the contracting oSP,cer
written evidence of registration of such employers in a program of a State apprenticeship
and training agency approved and recognized by the U.S. Bureau of Apprenticeship and
Training. In the absence of such a State agency, the contractor shall submit evidence of
approval and registration by the U.S. Bireau of Apprenticeship and Training.
The contractor shall submit to the contracting officer written evidence of the %%tab•
Fshed apprent:ce•journeyman ratios and wage rates in the project area, which will be the
basis for establishing such ratios and rates for the project under the applicable contract
provisions.
Fringe payments include medical and hoknit:%! care, compensation for injuries or illness
resulting from occupational activity, unemployment bentfits, life insurance, disability and
sickness insurance, accident insurance fall designated as health and welfare), pensions, vaca-
tion and holiday pay, apprenticeship or other siml:ar prograrr.s and other bona Ade fringe
ben4ts.
By direction of the Secretary of Labor,
A , Cf,~
Acting Solicitor of Labor
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i
CONTRACT AGREEMENT
STATE OF TEXAS X
COUNTY OF D?NTON
THIS AGREEMENT, made and entered into this 22nd day of April
A.D., 19 69 by and between The City of Denton
of the County of Denton and State of Texas, acting through Its Mayor
, thereunto duly authorized so to do,
Party of the First Part, hereinafter termed the OWNER, and
D. L. Myers
of the City of Denton , County of Denton
and State of _ Texas , Party of the Second Part, hereinafter
termed CONTRACTOR.
WITN£SSETH: That for and in consideration of the payments and agree-
ments hereinafter mentioned, to be made and performed by the Party of the First
Part (OWNER), and under the conditions expressed in the bonds bearing even date
herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the
said Party of the First Part (OWNER) to commence and complete the construct..)n
of certain Improvements described as follows:
Paluxy Sand Water Well and Water System
and all extra work in connection therewith, under the terms as stated In the
General Conditions of the Agreement; and at his (or their) own proper cost and
expense to furnish all the materials* supplies, machinery, equipment, tools,
superintendence, labor, insurance, and other accessories and services necessary
to complete the said construction, In accordance with the conditions and prices
stated In the Proposal attached hereto, and In accordance with all the General
Conditions of the Agreement, the Special Conditions, the Notice to Bidders
1
(Advertisement for Bids), Instructions to Bidders, and the Performance and
Payment Bonds, all attached hereto, and in accordance with the plans, which
includes all maps, plats, blueprints, and other drawings and printed or written
explanatory matter thereof, avd the Specifications therefor, as prepared by
FREESE, NICHOLS AND ENDRESS, herein entitled the ENGINEER, each of which has
been identified by the CONTRACTOR and the ENGINEER, all of which are made a
part hereof and collectively evidence and constitute the entire Contract.
The CONTRACTOR hereby agrees to commence work on or after the date
established for the start of work as set forth in a written notice to commence
work and to substantially complete all work within the time stated in the
Proposal, subject to such extensions of time as are provided by the General
and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the price
or prices shown in the Proposal, which forms a part of this Contract, such
payments to be subje- to the General and Special Conditions of the Contract.
IN WITNESS WHEREOF, the parties to these presents have executed this
Agreement in the year and day first above written.
ATTEST:
CITY OF DENTON, TEXAS
• ~ rr Party of -t s rt, ER
J By
L. A. Nelson, Mayor
Title
(SEAL)
ATTEST:
D. L. Myers
Party of the S and Part, CONTRACTOR
By -
Title
(SEAL)
APPROVED
J~
J .k rl. PA,:,0 N
IY MURUt
2
STATE OF TEXAS PERFORMANCE BOND
X
COUNTY OF DENTON X
KNOW ALL MEN BY THESE PRESENTS: That D. L. Myers
, of the City of Denton
County of Denton , and State of Texas
as PRINCIPAL, and Trinity Universal Insurance Company
as SURETY,
authorized under the laws of the State of Texas to act as surety on bonds for
principals, are held and firmly bound unto the City of Denton, Texas
as OWNER, in the penal sun of Six
)
Ttinusand Two Hundred Ninety and no/100 Dollars (0_69290-00
for the payment whereof, the said Principal and Surety bind themselves and
their heirs, administrators, executors, successors and assigns, jointly and
severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract
with the OWNER, dated the 22nd day of April , 19 69 for the
construction of
Paluxy Sand Water Well and Water System
which contract is hereby referred to and made a part hereof as fully and to
the same extent as if copied at length herein.
NOW9 THEREFORE, the condition of this obligation is such, that if
the said Principal shall faithfully perform said Contract and shall in all
respects duly and faithfully observe and perform all and singular the cove-
nants, conditions and agreements in and by said contract agreed and covenanted
by the Principal to be observed and performed, and according to the true intent
and meaning of said Contract and the Plans and Specifications hereto annexed,
then this obligation shall be void: otherwise to remain in full force and
effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the
3
9-1-66
68
provisions of Article 5160 of the Revised Civil Statutes of Texas as amended
by acts of the 56th Legislature, Regular Session, 1959, and all liabilities
on this bond shall be determined in accordance with the provisions of said
Article to the same extent as if it were copied at length herein.
PROVIDED FURTHER, that if any legal action be filed upon this bond,
venue shall lie in Denton County, State of Texas.
Surety, for value received, stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract, or
to the work performed thereunder, or the plans, specifications, or drawings
accompanying the same, shall in anywise affect its obligation on this bond,
and it does hereby waive notice of any such change, extension of time, alter
ation or addition to the terms of the contract, or to the work to be performed
thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and
sealed this instrument this 22nd day of April 19 69
D. L. Myers TRINITY UNIVERSAL INSURANCE COMPANY
Principal Surety
By By
Title Title
'Address 1909 Highland Street Address
Denton, Texas
(SEAL) (SEAL)
The name and address of the Rpsi.dent Agent of Surety is:
NOTE: Date of Bond must not be prior to date of Contract.
4
9-1-66
68
PAYMENT BOND
STATE OF TEXAS
COUNTY OF DENTON X
KNOW ALL MEN BY THESE PRESENTS: That D. L. Myers
, of the City of Denton
County of Denton and State of Texas
as PRINCIPAL, and Trinity Universal Insurance Company
as SURETY, authorized under the laws of the ,
State of Texas to act as surety on bonds for principals, are held and firmly
bound unto the City of Denton, Texas
as OWNER, in the penal sum of Six Thousand Two Hundred Ninety and no/100
Dollars 6,290.00 ) for the payment whereof,
the said Principal and Surety bind themselves and their heirs, administrators,
executors. successors and assigns, jointly and severally, by these presents.
• WHEREAS, the Principal has entered into a certain written contract
with the Owner, dated the 22nd day of April , 19 69 , for the
construction of Paluxy Sand Water Well and Water 3--stem
which contract is hereby referred to and made a part hereof as fully and to
the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if
the said Principal shall pay all claimants supplying labor and material to'him
or a subcontractor in the Drosecution of the work provided for in 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 pro-
visions of Artittle 5160 of the Revised Civil Statutes of Texas as amended by
acts of the 56th Legislature, Regular Session, 1959, and all liabilities on
thle bond shall be determined in accordance with the provisions of said
Article to the same extent as if it were copied at length herein.
PROVIDED FURTHER, that if any legal action be filed upon this bond,
venue shall lie in Denton County, State of Texas.
5
9-1-66
68
Surety, for value received, stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract, or
to the work performed thereunder, or the plans, specifications or drawings
accompanying the same, shall in anywise affect its obligation on this bond,
and it does hereby waive notice of any such change, extension of time, alter-
ation or addition to the terms of the contract, or to the work to be performed
thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have si ned and
sealed this instrument this 22nd day of _ April 1 lq 69g
D. L. Myers Trinity Universal Insurance Company
Principal Surety
By By
Title _ Title
Address 1909 Highland Street Address
Denton, Texas
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety Is:
Note: Date of Bond must not be prior to date of Contract.
6
9-1-66
68
7~
GENERAL CONDITIONS OF AGREEMENT
1. DEFINITIONS OF TERMS
10 01 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the 0,NTRACTOR and the
ENGINEER are those mentioned as such in the Agreement. They are treated
throughout the Contract Documents as if each were of the singular number
and masculine gender. The ENGINEER shall be understood to be the ENGINEER
of the OWNER or his duly authorized representative.
1.02 CONTRACT DOCUMENTS. The Contract Documents shall consist of the
Notice to Bidders (Advertisement for Pids), Instructions to Bidders, Special
Provisions or Special Conditions, Proposal, Contract Agreement, Performance
Bond and Payment Bond (when required), Special Bonds (when required), General
Conditions of the Agreement, Technical Specifications, Plans, and all modi-
fications thereof incorporated in any of the documents before the execution
of the agreement.
The Contract Documents are complementary, and what is celled for by any one
shall be as binding as if called for by all. In the event of a conflict in
the Contract Documents, the CONTRACTOR shall call the conflict to the
ENGINEER'S attention in writing and he shall decide the conflict in writing,
and the ENGINEER'S decision shall be binding.
1.03 SUBCONTRACTOR. The term Subcontractor, as employed herein, includes
only those having a direct contract with the CONTRACTOR.
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 his who gives
the notice.
1.05 WORK. Unless otherwise stipulated, the CONTRACTOR shall provide and
pay for all materials, supplies, machinery, equipment, tools, superintendence,
labor, insurance, and all water, light, power, fuel, transportation, and other
facilities and services 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.
Th4'CONTRACTOR shall, if required, furnish satisfactory evidence as to the
kind and quality of materials. Materials or work described in words which
to applied have a well know technical or trade meaning shall be held to refer
to such recognized standards.
1.06 WORKING DAY. A "Working Day" is defined as any day not including
Saturdays, Sundays or any legA1 holidays, in which weather will permit con-
struction of the principal units of the work for a period of not less than
seven (7) hours between 7:00 a.m. and 6:00 p.m.
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68
is 07 CALENDAR DAY. A "Calendar Day" is any day of the week or month, no days
being excepted.
0}r 8 WOO WEEK. The "Work Week" shall consist of a period of seven (7)
successive calendar days to begin and and as specified by the CONTRACTOR.
1.04 SUBSTANTIALLY COMPLETED. By the term "Substantially Completed" is meant
that the structure or facility has been made suitable for use and all construc-
tion completed except for minor repairs or miscellaneous works which while in
progress will not interfere with the OWNERS use and occupancy of the structure
or facility.
2. CONTROL OF WORK
2.01 LINES AND GRADES. Unless otherwise specified, all lines and grades shall
be furnished by the ENGINEER. Whenever necessary, construction work shall be
suspended to permit performance of this work, but such suspension will be as
brief as practicable and the CONTRACTOR shall be allowed no extra compensation
therefor. The CONTRACTOR shall give the OWNER or the ENGINEER ample notice of
the time and place where lines and grades will be needed. All stakes, marks,
etc., shall be carefully preserved by the CONTRACTOR, and in case of careless
destruction or removal by him or his employees, such stakes, marks, etc., shall
be replaced at the CONTRACTOR'S expense.
2.02 ENGINEER'S AUTHORITY AND DUTY. The ENGINEER shall have the right of
supervision of the work, to the limited extent hereinafter mentioned, for the
purpose of seeing that the improvements are constructed in conformity with the
contract. It is understood and agreedq however, that the ENGINEER'S $upervi-
sion is for the sole purpose of seeing that the improvements are const; :ted
in accordance with the contract, to the end that the OWNER upon completion
will have improvements conforming to the plans, specifications pnd other
contract documents. The ENGINEER Is the ENGINEER of the OWNER, as aforesaid,
and all supervision and other duties of the ENGINEER under this contract are
for the sole benefit of the OWNER, the parties hereby expressly negating any
intent that these provisions shall inure to the benefit of anyone not a party
to this agreement. The CONTRACTOR is and shall remain an independent contractorg
solely responsible for the manner and method of accomplishing hie work hereunder,
and the safety of himself, his employees and other persons by reason of his
operations hereunder. The ENGINEER'S authority In this regard shall be limited
to a right of veto with respect to methods which in the ENGINEER'S opinion would
prevent the completed improvements conforming to the contract. The ENGINEER
` shall ha-#,3 the authority to stop the work whenever such stoppage may be
riecbssary 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 determine the amounts
and quantities of the several kinds of work which are to be paid for under this
8
4.1-66
contract. Hu 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 Anton on the contract,
and to any rights of the CONTRACTOR to receive any money under this contract;
provided, however, that should the ENGINEER render any decision or give any
direction which, In the opinion of either party hereto, is not in accordance
with the meaning and Intent of this contract, either party may file with said
ENGINEER within fifteen (15) days his written objection to the decision or
direction so rendered, and by such 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 pork;
therefore, the written decision or directions of the ENGINEER as rendered
shall be promptly carried out, and any claim arising therefrom shall be there-
after adjusted by arbitration as hereinafter provided.
The ENGINEER shall, within s reasonable time, render and deliver to both
the OWNER and the CONTRACTOR a written decision nn 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 fall to make such decision within a reasonable time, an appeal
to arbitration may be taken as if his decision has been rendered against the
party appealing.
Whenever the words "directed", "required", "permitted", "designated",
"considered necessary", "prescribed", or words of like Import are used,
It shall be understood that the direction, requirement, permission, order,
designation or proscription, 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 5 E I ENDS CE AND INSPECTION. It is agreed by the CONTRACTOR that
the ENGINEER shall be and Is hereby authorized to appoint from time to time
such subordinate engineers, supervisors or Inspectors as the said ENGINEER
may deem proper to inspect the material furnished and the work done under
this agreement, and to see that the said material is furnished and said work
is done In accordance with the specification therefor. The'CONTRACTOR shall
furnish all reasonable aid and assistance required by the subordinate
engineers, supervisors or inspectors for the proper inspection and examina-
tion of the work. The rulings and decisions of any such subordinate engineers,
supervisors or inspectors so appointed, when consistent with the obligations
of 'thi's agreement and the accompanying plans and specifications, shall have
the same force and effect as rulings and decisions of the ENGINEER hereunder;
provided, hc+wever, should the CONTRACTOR object to any ruling or decision
by such subordinate engineer, supervisor or lespector, the CONTRACTOR may
within six (6) days make written appeal to the ENGINEER for his decision.
4
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68
2.04 conTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give per-
sonel attention to the faithful prosecution and completion of this contract
and shall keep on the work, during its progress, a competent superintendent
and any necessary assistant, all satisfactory to the ENGINEER. The super-
intendont shall represent the CONTRACTOR in his absence and all directions
given to him shall be as binding as if given to the CONTRACTOR. The
CONTRACTOR is and shall at all times remain an independent contractor,
solely responsible for the manner and method of completing his work under
this contract, so long as such methods do not adversely affect the completed
improvements, and solely responsible for the safety of nlmself, his employees
and other persons, as well as the safety of the improvements being erected
and the property of himself or any other person, as a result of his operations
hereunder.
The CONTRACTOR is and at all times shall remain an independent contractor,
solely responsible for the manner and method of completing his work under
this contract, with full power and authority to select the means, method
and manner of performing such work, so long as such methods do not adversely
affect the completed improvements, the OWNER and ENGINEER being interested
only in the result obtained and conformity of such completed improvements
to the plans, specifications and contract. Likewise, the CONTRACTOR shall
be solely r,:4ponsible for the safety of himself, his employees and other
persons, as well as the safety of the improvements being erected and the
property of himself or any other person, as a result of his operations here-
under. Engineering construction drawings and specifications, as well as
any additional information concerning the work to be performed passing from
or through the OWNER or ENGINEER, shall not be interpreted as requiring or
allowing CONTRACTOR to deviate from the plans andspecifications, the intent
of such drawings, specifications and any other such instructions being to
define with particularity the agreement of the parties as to the work the
CONTRACTOR is to perform. CONTRACTOR shall be fully and completely liable,
at his own expense, for design,'construction, installation and use, or
non-use, of all items and methods incident to performance of the contract,
and for all loss, damage or injury incident thereto, either to person or
property, including, without limitation, the adequacy of all temporary
supports, shoring, bracing, scaffolding, machinery or equipment, safety
precautions or devices, and similar items or devices used by him during
construction. Any review of work in process, or any visit or observation
during construction, or any clarification of plans and specifications, by
the OWNER or ENGINEER, or any agent, employee or representative of either
of them, whether through personal observation on the project site or by
means of approval of shop drawings for temporary construction or construction
processes, or by any other means or method, is agreed by the CONTRACTOR to
be for the purpose of observing the extent and na,:ure of work completed or
being performed, as measured against the drawings and specifications
constituting the contract, or for the purpose of enabling CONTk4CTOR to
more fully understand the plans and specifications so that the completed
construction work will conform thereto, and shall In no way relieve the
CONTRACTOR from full and complete responsibility for the proper performance
of his work on the project, including but without limitation the propriety
10
9.1-66
68
of means and methods of the CONTRACTOR In performing said contract, and the
adequacy of any designs, plans or other facilities for accomplishing such
performance. Deviation by the CONTRACTOR from plans or specifications that
may have been in evidence during any such visitation or observation by the
OWNER or ENGINEER, or any representative of either of them, whether called
to the CONTRACTOR'S attention or not, shall in no way relieve CONTRACTOR
from his responsibility to complete all work in accordance with said plans
and specifications.
2.05 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the
CONTRACTOR has, by careful examination, satisfied himself as to the nature
and location of the work, the conformation of the ground, the character,
quality and quantity of the materials to be encountered, the character of
equipment and facilities needed 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 ENGINEER or
the OWNER, either before or after the execution of this contract, shall
affect or modify any of the terms or obligations herein contained.
2.06 CHARACTER OF WOR,. 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, unfaithful or disorderly, such man or men shall be
discharged from the work and shall not again be employed on the work without
the ENGINEER'S written consent.
2.07 CO RACTO ' aU LDINGS. The building of structures for housing men,
or the erection of tents or other forma of protection, will be permitted
only at such places as the ENGINEER may direct, and the sanitary conditions
of the grounds in or about such structures shall at all times be maintained
in a manner satisfactory to the ENGINEER.
2.08 SANITATION. Necessary sanitary conveniences for the use of laborers
on the work, properly secluded from public observation, shall be constructed
and maintained by the CONTRACTOR in such manner and at such points as shall
be approved by the ENGINEER, and their use shall be strictly enforced.
2.09 SHOP 1jtAWIThe CONTRACTOR shall submit to the ENGINEER, with
such promptness as to cause no delay In his own work or in that of any
other Contractor, four copies, unless otherwise specified, of all shop
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 corrections
required by the ENGINEER, file with him two corrected copies and furnish
such other copies as may be needed. The ENGINEER'S approval of such drawings
or schedules shall not relieve the CONTRACTOR from responsibility for devia-
tions from drawings or specifications, unless he has in writing called the
ENGINEER'S attention to such deviations at the time of submission, nor shat)
11
9-1-66
68
it relie, ' re him from responsibility for errors, of any sorc in shop drawings
or schedules. Such review by the ENGINEER shall be for the sole purpose
of determining the sufficiency of said drawings or schedules to res6lt in
finished improvements In conformity with the plans and specifications, and
shall not relieve the CONTRACTOR of his duty as an independent contractor
as previously set forth, it being expressly understood and agreed that
neither the ENGINEER nor the OWNER assumes any duty to pass upon the propriety
nr adequacy of such drawings or schedules, or any means or methods reflected
thereby, in relation to the safety of either person or property during
CONTRACTOR'S performance hereunder.
2.10 PRELIMINARY APPROVAL. The ENGINEER shall not have the power to
waive the obligations of this contract for the furnishing by the CONTRACTOR
of good material, and of his performing good work as herein described, all
in full accordance with the plans and specifications. No failure or omission
of the ENGINEER to condemn any defective work or material shall release the
CONTRACTOR from the obligations to at once tear out, remove and properly
replace the same at any time prior to final acceptance, upon the discovery
of said defective work or material; provided, however, that the ENGINEER
shall, upon request of the CONTRACTOR, inspect and accept, qualify, or
reject any material furnished, and in event the material has been once
accepted by the ENGINEER, such acceptance shell be binding on the OWNER,
unless it can be clearly shown that such material furnished does not meet
the specifications for this work.
Any questioned work may be ordered taken up or removed for re-examination,
by the ENGINEER, prior to final acceptance, and if found not in accordance
with the specifications for said work, all expense of removing, re-examinatlon
and replacement shall be borne by the CONTRACTOR, otherwise the expense thus
incurred shell be allowed as EXTRA WORK, and shall be paid for by the OWNER;
provided that, where inspection or approval is specifically required by the
specifications prior to performance of certain work, s!tould the CONTRACTOR
proceed with such work without 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 DEFEg3S AND THEIR RFNEQIES. It is further :.Treed that If the work or
any pert thereof, or any material brought on t-;ie sit4 of the work for use
In the work or selected for the same, shall i,e deemeo by the ENGINEER as
unsuitable or not in conformity with the specifications, the CONTRACTOR
shall, after receipt of written notice thereof from the ENGINEER, rortH_
with remove such material and rebuild or otherwise remedy such work s0'that
it will be In full accordance 01th this contract.
2.12 CHANCES AND ALTERATIONS. The CONTRACTOR further agrees that the OWNER
may make such changes and alterations as the OWNER may see fit, in the line,
grade, fak-vs, dimensions, planq, or materials for the work herein contemplated,
or any part thereof, either before or after the beginning of the construc-
tion, without affecting the valid!ty of this contract and the accompanying
performance and payment bonds.
12
9.1.66
68
If such changes or alterations diminish the quantity of the work to be done,
they shall not constitute the basis for a claim for damages, or anticipated
profits on the work that may be dispensed with, except as provided for unit
price Items under Section 3, "Measurement and Payment". If the amount of
work is Increased, and the work can fairly be classified under the specifi-
cations, such increase shall be paid for according to the quantity actually
done and at the unit price, If any, established for such work under this
contract, except as provided for unit price items under Section S, "Messure-
ment and Payment"; othe prise, such additional work shall be paid for as
provided under Extra Work. In case the OWNER shall make such changes or
alterations as make useless any work already done or material already fur-
nished or used in said work, then the OWNER shall recompense the CONTRACTOR
for any material or labor so used, and for any actual loss occasioned by
such change, due to actual expenses Incurred in preparation for the work as
priginally planned.
2.13 RIGHT OF ENGINEER TO MODIFY METHODS AND EQUIPMENT. If at any time the
methods or equipment used by the CONTRACTOR are found to be inadequate to
secure the quality of work or the 'ate of progress required under this con-
tract, or the working force of the CONTRACTOR is Inadequate for securing
the progress heroin specified, the ENGINEER may order the CONTRACTOR In
writing to increase their safety or improve their character and efficiency,
or to Increase his force or equipment or both, and the CONTRACTOR shall
comply with such order. Such authority of the ENGINEER, however, is for the
sole benefit of the OWNER and the safety of the improvements, in order to
secure their erection in conformity with this contract; it shall remain the
sole duty and responsibility of the CONTRACTOR to take adequate precautions
in his operations for the safety of persons and property. No failure of the
ENGINEER to complain of the mthods and equipment of the CONTRACTOR shall
excuse or relieve the CONTRACTOR of liability for damage to the property or
improvements of the OWNER by reason of his neglect or omission.
3. GENERAL OBLIGATIONS AND RESPONSIBILITIES
3.01 KEEPING OF PLANS SID SPECIFICATIONS ACCESSIBLE. The ENGINEER shall
furnish the CONTRACTOR with an adequate and reasonable number of copies of
all plans and specifications without-expense to him, and the CONTRACTOR
shall keep one copy of the some constantly accessible on the work, With the
latest revisions noted thereon.
3.02 OWNERSHIP OF N(S. All drawings, specifications and copies thereof
furnished by the ENGINEER shall not be reused on other work, and, with the
exception of the signed contract sets, are to be returned to him on request,
at the completion of the work. All models are the property of the OWNER.
3.03 ADEQUACY OF DESIGN. It is understood that the OWNER believes he has
employed competent engineers and de,iigners. It is, therefore, agreed that
thi OWNER shall be responsible for the adequacy of the design, sufficiency
of the Contract Documents, the safet;r of the completed structure and the
practicability of the operations of :he completed project; provided the
13
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68
CONTRACTOR has complied with the requirements of the said Contract Documents,
all approved modificatio[ thereof, at;d additions and alterations thereto
approved in writing by the OWNER. The burden of proof of such compliance
shall be upon the CONTRACTOR to show that he has complied with the said re-
requirements of the Contract Documents, approved modifications thereof and all
approved additions and alterations thereto.
3.04 RICK 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.
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 of the work, or damage said CONTRACTOR, except where such delays are
specifically mentioned elsewhere In the Contract Documents.
3.06 DISCREPANCIES AND OMISSIONS. It is further agreed that it is the intent
of this contract that all work must be done and all material must be furnished
in accordance with the generally accepted practice, as determined by the
ENGINEER, and in the event'-of any discrepancies between the separate contract
documents, specifications or drawings, the ENGINEER shall define which is
intended to apply to the work.
3.07 EQUIPMENT. MATERIALS AND CONSTRUCTION PLANT. The CONTRACTOR shall provide
all tools, equipment, machinery, materials, and construction plant and facilities
necessary in the prosecution and completion of the contract, except as other.
wise specifically set forth to be provided by the OWNER. The CONTRACTOR shall
be responsible for the care, preservation, conservation, and protection of
all materials, supplies, machinery, equipment, tools, apparatus, accessories,
facilities, all means of construction, and any and all parts of the work,
whether the CONTRACTOR has been paid, partially paid, or not paid for such work,
until the entire work is completed and accepted.
3.08 PROTECTION AGAINST ACCIDENT Vj EMPLOYEES AND THE PUPLICs The CONTRACTOR
shall take out and procure a policy or policies of workmen's compensation
insurance with an insurance company licensed to transact business in the
State of Texas, which policy shall comply with the Workman's Congm9stion
Law of the State of Texas. The CONTRACTOR shall at all times exercise reason-
able precautions for the safety of employees and others on or near the work
and shall comply with all applicable provisions of Federal, State and Ifiinlo
cipal safety lava 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 Cenerol
Contractors of America, except where incompatible with Federal, State, or
Municipal Iowa or regulations. The CONTRACTOR shall provide such machinery
guards, safe walkways, ladders, bridges, gangplanks, and other safety devices
as may be required as requisite to the prevention of accidents. The CONTRACTOR
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and his Sureties shall indemnify and save harmless the OWNER and all his
officers, agents and employees, and the ENGINEER, and his agents and employees
from and against all suits, actions, claims, demands or judgments, of any
character, name and description, brought or asserted against any of them for
or on account of any injuries or damages to persons or property, or damages
of any other kind, allegedly received or sustained on account of any negligent
act of fault of CONTRACTOR, his agents, employees or representatives, or sub-
contractors, their agents or employees, In the execution of said contract or
any operations thereunder, or on account of the failure of any person, firm
or corporation to provide necessary barricades, warning lights or signs, or
to take any other safety precautions. This agreement of indemnity shall ex-
tend to and include any suit, action or claim, of any character and description,
allegedly arising out of the concurrent negligence of the CONTRACTOR and/or
any sub-contractor, their agents, representatives or employees, and the OWNER,
or its officers, agents and employees, and/or the ENGINEER, his agents and
employees; and the CONTRACTOR and his Sureties will be required to pay any
judgment, with costs, which may be obtained against any party hereby in-
demnified, growing out of such alleged injury or damage. The safety pre-
cautiors actually taken and their adequacy shall be the sole responsibility
of the CONTRACTOR, in his sole discretion as an independent contractor; the
inclusion of this paragraph in the agreement, as well as any notice which may
be given by the OWNER, ENGINEER, or their representatives concerning omissions
under this paragraph as the work progresses, are intended only as reminders
to the CONTRACTOR of his duty in said regard, and shall not be construed as
any assumption of duty to supervise safety precautions by either the OWNER
or ENGINEER.
3.04 PERFORMANCE AND PAYMENT BONDS. 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 contract
price, on standard forms for this purpose, guaranteeing faithful' performance
of the work and the fulfillment of any guarantees required, and further
guaranteeing payment to all persons supplying labor and materials or furnish-
ing him any equipment in the execution of the Contract, and it is agreed that
this Contract shad not be in effect until such performance and payment bonds
are furnished znd approved by the OWNER.
Unless otherwise approved in writing by the OWNER,, the surety company under-
writing''the bonds shall be acceptable according to the latest list of com-
panies holding certl'ficates of authority from the Secretary of the Treasury
of the United States. As herein provided for GUARANTEE, the performance bond
shall remain in effect for a period of one year after the date of the Certifi-
cate of Acceptance by the OWNER. The coat of the premium for the performance
and payment bonds shall be included in the'CONTRACTOR'S proposal.
3.10 LASSES FROM NATURAL CAUSES. All loss or damage to the CONTRACTOR
arising out of the nature of the work to be done, or from the action of the
elements, or from sny'unforeseen circumstances in the prosecution of the
same, or from unusual obstructions or difficulties which may be encotmtered
In the prosecution of the work, shall be sustained and borne by the CONTRACTOR
at his own cost and expense.
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3 .11 PROTECTION OF AINOINING PROPERTY. The said CONTRACTOR shall take
proper means to protect the adjacent or adjoining property or properties
in any way encountered, which might be injured or seriously affected by
any process of construction to be undertaken under th+s Agreement, from ,
any damage or injury by reason of said process of construction; and he shall
be'liable for any and all claims for such damage on account of his failure
to fully protect all adjoining property. The CONTRACTOR agrees to indemnify,
save and hold harmless the OWNER and the ENGINEER against atty claim or claims
for damages due to any Injury to any adjacent or adjoining property, arising
or growing out of the performance of the contract; but any such indemnity
shall not apply to any claim of any kind arising out of the existence or
character of the work.
3.12 PROTECTION AGAINST CIAIMS OF SUB-CONTRACTORS. LABORERS, HATERIALMEN,
AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES. Tha CONTRACTOR agrees
that he will indemnify and save the OWNER harmless from all claims growing
out of the lawful demands of silb-contractors, laborers, workmen, mechantca,
materialmen, and furnishers of machinery and parts thereof, equipment, paver
tools, and all supplies, including commissar.•y$ incurred in the furtherance
of the performance of this contract. When so desired by the OWNER, the CON-
TRACTOR shall furnish satisfactory evidence that all obligations of the nature
hereinabove designated have been paid, discharged or waived. If the CON-
TRACTOR fails so to do, then the OWNER may at the option of the CONTRACTOR
either pay directly any unpaid bills of which the OWNER had written notice,
or withhold from the CONTRACTOR'S unpaid compensation a sum of money deemed
reasonably sufficient to liquidate any and all such lawful claims until
satisfactory evidence It furnished that all liabilities havo been fully dis-
charged; whereupon payments to the CONTRACTOR shall be resuaed in full, in
accordance with the terms of this contract, but in no event shall the pro-
visions of this sentence be construed to impose any obligation upon the
OWNER by either the CONTRACTOR or his Surety.
3.13 PROTECTION AGAINST ROYALTIES OR PATFITED INVENTION. The CONTRACTOR
shall pay all royalties and license fees, and shall provide for the use of
any design, device, material, or process covered by letters patent or copy-
right, by suitable legal agreement with the patentee or OWNER. The CON-
TRACTOR shall defend all suits or claims for Infringement of any patent or
copyright rights and shall indemnify and save the OWNER harmless from any
loss on account thereof, except that the OWNER shall defend all such suits
and claims and shall be responsible for all such loss when a particular
design, device, material, or process, or the product of a particulat manu-
facturer or manufacturers to specified or required by tr. OWNER; provided,
however, if choice of alternate design, device, material, or process is
all„wed to the CONTRACTOR, then CONTRACTOR shall indemnify and save OWNER
harmless from any loss on account thereof. If the material or process
specified or required by the OWNER is an infringement, the CONTRACTOR shall
be responsible for such loss unless he promptly gives such information to
the OWNER,
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3.14 LABS AND ORDINANCES. The CONTRACTOR shall at all times observe and
coalply with all Federal, State and local laws, ordinances and regulations,
which in any manner affect the contract or the work, and shall Indemnify and
save harmless the OWNER against any claim arising from the violation of any
such laws, ordinances, and regulations, whether by the CONTRACTOR or his em-
ployees, except where such violations are called for by the aroVIAIMs of
the Contract Do;uments. If the CONTRACTOR observes that the plans and speci-
fications are at variance therewith, he shall promptly notify the ENGINEER
in writing, and any necessary changes shall be adjusted as provided in the
contract for changes In the work. If the CONTRACTOR performs any work knowing
it to be contrary to such laws, ordinances, rules and regulations, and without
such notice to the ENGINEER, he shall bear all costs arising therefrom. In
case the OWNER Is a body politic and corporate, the law from which it derives
its powers, insofar as the same regulates the objects for which, or the manner
In which, 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.
3,15 ASSIGNKENT AND SUBLETTING. The CONTRACTOR further agrees that he will
retain personal control and will give his personal attention to the fulfill-
ment of this contract and that he will not assign by Power of Attorney, or
otherwise, or sublet said contract without the written consent of the OUM ,
and that no part or feature of the work will be sublet to pn%one objection-
able to the ENGINEER or the OWNER. The CONTRACTOR further agrees that th(_
aubletting of any portion or feature of the work, or materials required in
the performance of this contract, shall not relieve the CONTRACT from his
full obligations to the OWNER, as provided by this Agreement.
3.16 CONTRACTOR'S AM SUB-CONTRACTOR'S INSURANCE. The CONTRACTOR shall not
commence work under this -ontract 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 oosrsance work on a sub-contract until such sub-contractor has obtained
complete Insurance coverage as required for the CONTRACTOR.
3.161 COMP ATIO4..INSURANCE. The CONTRACTOR shall procure and shall main-
tain during the life of this contract Workmen's Compensation Insurance for
all of his employees to be engaged In work on the project under this contract
and, In case of any such work sublet, the CONTRACTOR shall tequire the sub-
contractor similarly to provide Workmen's Compensation Insurance for all of
the latter's employees to be engaged in such work, unless such employees
are.covered by the protection afforded by the Contractor's Workmen's Compensa-
tion Insurance. In case any class of employees engaged in hazardous work on
the project under this contract is not protected under the Workmen's Compensa-
tion Statute, the CONTRACTOR shall provide, and shall cause each sub-contractor
to provide, adequate Employer's General Liability Insurance for the protection
of such of his employees not otherwise protected.
3CA62 C9NTRACT0R'~)' FVBLIC I.IABILITYAND PROPERTY_DABAGE_IN$UBamE_. The
CONTRACTOR shall procure and shall maintain during the life of this contract
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Contractor's Comprehensive General Liability Insurance in an amount not less
than $100,000.00 for injuries, including accidental death, to any one per-
son, and subject to the same limit for each person, in an amount not less
than $300,000.00 on account of one accident, and Contractor's Property
Damage Insurance in an amount of not less than $500000.00 on account of one
accident and $100,000.00 aggregate.
The CONTRACTOR shall also furnish Owner's Protective Liability Insurance,
which by express provision or endorsement shall also inure to the benefit
and protection of the ENGINEER, as separate policies or as a part of one of
the above mentioned policies or by endorsement thereto, in the amount set
forth for public liability and property damage.
3.163 AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE. The
CONTRACTOR shall procure and maintain, during the life of the Contract,
Automobile Insurance in an amount not less than $1000000.00 for injuries,
including accidental death, to any one person and subject to the same limit
for each person, an amount not less than $300,000.00 on account of one
accident, and automobile property damage insurance in an amount not less
than 50,000.00.
3.164 SCOPE OF INSURANCE AND SPECIAL HAZARD. The insurance required under
the above paragraphs shall provide adequate protection for the CONTRACTOR
and his sub-contractors, respectively, against damage claims which may arise
from operations under this contract, whether such operations be by the in- .
cured or by anyone directly or indirectly employed by his. Insurance also
shall be provided against special hazards, if any, as may be not forth in
the Special Conditions or Special Provisions, or elsewhere in these Con-
tract Documents.
For dontracts involving work to be performed within the corporate limits of
any municipality and for contracts involving pipe line construction (water,
sever, or other), the CONTRACTOR shall furnish insurance as separate policies
or by additional endorsement to one of the above mentioned policies, and
in the amounts as set forth for public liability and property damage, the
following insurance:
(a) Bleating, prior to any blasting being done.
(b) Collapse of buildings or structures adjacent to excavation
(if excavations are to be performed adjacent to same).
(c) Damage to underground utilities.
3.165 PROOF OF CARRIAGE OF INSURANCE. The CONTRACTOR shall furnish the
OWNER with satisfactory proof of coverage by insurance required in theme
Contract Documents in amounts and by carriers satisfactory to the OWNER,
Proof of carriage of Insurance by sub-contractors shall also be furnishcd.
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3.17 GENERAL INDEKNIFICATION: The CONTRACTOR agrees, without in any way
limiting other provisions of this contract, ►o protect, indemnify and hold
the O!.'NER and ENGINEER free and harmless from and against any and all
claims, liens, lemands, liabilities, penalties and causes of action, in-
cluding but not limtted to, the amounts of judgments, penalties, interests,
court coats, coats of litigation and reasonable legal fees incurred by
:he OWNER or ENGINEER in defense of same, occurring or arising out of, or
resulting from the work performed and to be performed by CONTRACTOR here-
under, including specifically but without: limitation, design and instal-
lation of temporary supports, shoring, bracing, Scaffolding and similar
items, whether or not occasioned by this negligence, carelessness or want
of skill of CONTRACTOR or his servants or employees, or that of his Sub-
Contractors or their employees, or in connection with or arising out of
any deviation from plans or specifcations even though such deviation
occurs with or without the knowledge of the OWNER or ENGINEER, and whether
or not such deviations have been called to CONTRACTOR'S attention, except
insofar as responsibility, if any, may be expressly assumed by the OWNER
or ENGINEER under the provisions of this contract.
It is specifically agreed between the parties executing this contract that it
is not intended by any of the provisions of any part of the contract to
create the public or any member thereof a third party beneficiary hereunder,
or to authorize any one not a party to this contract to asintein a suit
for personal injuries or property damage pursuant to the terms or provisions
of this contract. The duties, obligations and reapogsibilitas of the
parties to this contract with respect to third parties shall remain as
Imposed by law.
3.18 GUARAME: the CONTRACTOR shall guarantee the work against failure
or malfunction due to defective materials or workmanship for a period of
one year from the date of the written Certificate of Acceptance of the OWNER.
Where the 0DNTRACTOR is required to procure and furnish articles, manufactured
by others, the standard warranty, if any, of the manufacturer thereof shall
be delivered to OWNER by CONTRACTOR in form to insure to OWNER'S benefit.
This guarantee will not apply to defects of any materials or equipment fur-
nished by the OWNER to the CONTRACTOR for installation; however, the guarantee
will apply to any defects in workmanship in the installation by the CONTRACTOR
of such materials or equipment.
When defective material and workmanship are discovered, all required repairs
shall be made by the CONTRACTOR at his own expense. Such repairs shall be
initiated within five (S) days after written notice of such defects has been
given by the OWNER and the w;.rk of the repairs shall proceed with dispatch so
that tho repairs will be completed within a reasonable length of tine, $hould
the CONTRACTOR frA l to initiate the repairs within five (S) days,after written
notice or should he fail to complete the repairs within a reasonable tDie,
the OWNER may sake the necessary repairs and charge the CXITRACTOA with all
costs incurred therefor.
` As a part of this guarantee, the CONTRACTOR'S Performance Bond shall remain
in effect for a period of one year after the date of written acceptance by
the OWNER.
19
Rev 7-10-b8
3,14 VA12 RATES. The OWNER in accordance with statutory requirements has
determined t e general prevailing rates of wages as applicable to the project,
and the CONTRACTOR INA11 pay not less than the rates of wages so determined.
A copy of the schedula of prevailing wage rates as established by the OWNER
Is included as a part of these Contract Documents.
4. PROSECUTION AND PROGRESS
.0! TTME AND ORDER OF COMPLETION. It is the meaning and intent of this
contract, unless otherwise herein specifically provided, that the CONTRACTOR
shall prosecute his work at such times and seasons, in such order of preced-
once, and in such manner as shall be most conducive to economy of construc-
tion; provided, however, that the order and the time of prosecution shall
be such that the work will be substantially completed as s whole and in part,
in accordance with this contract; the plans and specifications, and within
the time of completion designated in the Proposal; provided, also that when
the OWNER is having other work done, either by contract or by his own force,
the ENGINEER may direct the time and manner of constructing the work done
under this contract, so that conflict will be avoided and the construction
of the various works being done for the OWNER will be harmonized.
The CONTRACTOR Uhall, submit, at such times at, may reasonably be requested
by the ENGINEER, schedules which shall show the order in which the CONTRACTOR
0?6§69ds Y6 dAtry dh Ylid V61tK, i 1rX ddreis At Vhidh tHd CONTRACTOR will start
the several parts of the work, and estimated dates of completion,of the
several parts.
Within seven (7) days after the end of such calendar month, the CONTRACTOR
shall report in writing to the ENGINEER any day olsimod to be unsuitable for
working. Within seven (7) days thereafter, the ENGINEER shall agree or
-disagree in writing as to whether the time claimed as not suitable for
working shall be so recognised and the ENGINEER'S dlcision shall be final
and binding.
4.02 EXTENSION OF TIME. Should the CONTRACTOR be delayed in the completion
of the work by any act or neglect of the OWNER or ENGINEER, or of any em-
ployees 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 nay decide justifies the delay,
theft an extension of time shall be allowed for completing the work, sufficient
to compLitsate for the delay, the amount of the extension to be determined
by the ENGINEER; provided, however, that the CONTRACTOR shall give the
ENGINEER notice in writing of the cause of such delay within ton (10) days
from inception of such delay.
4.03 HINDRANCES AND DELAYS. No claims shall be made by the CONTRACTOR for
damages resulting from hindrances or delays from any cause (except where the
work is stopped by order of the OWNER) during the progress of any portion of
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the stork embracdd in this contract. In case said work may be stopped by the act
of the OWNER, then such expense as in the judgment of the ENGINEER is caused
by such stoppage of said work shall be paid by the OWNER to the CONTRACTOR.
4.04 LIQUIDATED DAMAGES. The CONTRACTOR agteds that time is of the essence
of this contract, and that for each day of delay beyond the number of days
herein agreed upon for the completion of the work herein specified and contracted
for (after due allowance of such extension of time as is provided for under
Extension of Time hersinabove), the OWNER may withhold permanently from the
CONTRACTORS total compensation, the amount per day given in the following
schedOle, not as a penalty, but as liquidated damages and for added expense
for engineering supervision, etc. in connection with the project:
Amount Amount of Liquidated
Of Contracr Damages Per Day
$ 100,000 or less $100
1000001 to 5009000 150
500,001 to 100009000 200
110009001 to 29000,000 300
Over 290000000 400
5. MEASUREMENT AND PAYMENT
5*01 QUANTITIES AND MEA.SUREHMS. No extra or customary measurements of
any kind will be allowed, but the actual measured and/or computed length, area,
solid contents, nusiber, and weight only shall be considered, unless otherwise
specifically provided.
5.02 ESTIMATED QUANTITIES. This agreement, Including the specifications,
plans and estimate, is intended to show clearly all work to be done and
osterial to be furnished hereunder. Where the estimated quantities are shown
for the various classes of work to be done and material to be furnished under
this contract, they are approximate and are to be used only as a basis for
estimating the probable cost of the work and for comparing the proposals
offered for the work. It is understood and agreed that the actual amount of
work to be done and material to be furnished under this contract may differ
somewhat from these estimates, an.: that where the basis for payment under this
contract is the unit price method, payment shall be for the actual amount of
such work done and the material furnished.
Where payment is based on the unit price method, the CONTRACTOR agrees that he
will make no claim for damages, anticipated profits or otherwise on account of
any differences which may be found between the quantities of work actually done,
the material actually furnished under this contract and the estimated quantities
contemplated and contained In the proposal; provided$ however, that in case the
actual quantity of any item should become as much as 257' moFe than, or 259 less
than the estimated or contemplated quantity for such Items$ then either party
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to this Agreement, upon demand, shall be entitled to a revised consideration
upon the portion of the work above or below 25% of the estimated quantity.
Any revised consideration is to be determined by agreement between the parties,
otherwise by the terms of this Agreement, as provided under "Extra Work".
5.03 PRICE OF STORK. In consideration of the furnishing of all the necessary
labor, equipment and material, and the completion of all work by the CONTRACTOR,
and on the completion of all work and of the delivery of all material embraced
in this contract in full conformity with the specifications and stipulations
heroin contained, the OWNER agrees to pay the CONTRACTOR the prices set forth
in the Proposal hereto attached, which has been made a part of this contract.
The CONTRACTOR hereby agrees to receive such prices in full for furnishing all
material and all labor required for the aforesaid work, also for all expense
incurred by him, and for well and truly performing the same and the whole
thereof in the manner and according to this Agreement, the attached specifi-
cations and requirements of the ENGINEER.
i
5.04 PARTIAL PAYMENTS. On or before the 10th day of each month the ENGINEER
shall prepare a statement showing as completely as practicable the total
value of the work done by the CONTRACTOR up to and including the last day
of the preceding month; said statement shall also include the value of all
sound materials delivered on the site of the work that are to be fabricated
into the stork.
'T'he OS.M shall then pay the CONTRACTOR on or before the 15th day of the
current month the total amount of the ENGINEER'S statement, less 10 per cent
of the amount there-)f, which 10 per cent shall be retained until final payment,,
and further less all previous payments and all further sums that may be
retained by the OWNER under the'terms of this Agreement. It is understood,
however, that in case the Whole work be near to',Lompletion and some un-
expected and unusual delay occurs due to no fault or neglect on the part of
the CONTRACTOR, the OWNER may - upon written recommendation of the ENGINEER
pay a reasonable and equitable portion of the retained percentage to the
CONTRACTOR; or the CONTRACTOR, at the OWNER'S option, may be relieved of
the obligation to fully complete the work and, thereupon, the CONTRACTOR
shall receive payment of the balance due him under the contract subject only
to the conditions stated under "Final Payment".
5.05 USE OF COMPLETED PORTIONS. The OWNER shall have the right to take
possession of and use any completed or partially completed portions of the
work, notwithstanding the time for completing the r:itire work of such portions
may not have expired, but such taking possession and use shall not be deemed
an acceptance of any work not completed in accordance with the Contract Docu-
=ants. If such prior use increases the cost of or delays the work, the CON-
iRACTOR shall be entitled to such extra compensation, or extension of time,
or both, as the ENGINEER may determine.
The CONTRACTOR shall notify the ENGINEER when the contract is "substantially
completed" and the ENGINEER shall forthwith advise the CONTRACTOR in writing
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of any work undone which in the ENGINEER'S judgement should be done, if any,
in order to substantially complete the work. The "substantial completion"
of the structure or facility shall not excuse the CONTRACTOR from performing
all of the work undertaken, whether of s minor or major nature, and thereby
completing the structure or facility in accordance with the Contract Documents.
5.06 FINAL CMLETION AND ACCEPTANCE. Within ten (10) days after the CON-
TRACTOR has given the ENGINEER written notice that the work has been completed,
the ENGINEER and the OWNER shall inspect the work and within said times if the
work be found to be completed in accordance with the Contract Documents, the
ENGINEER shall issue to the OWNER and the CONTRACTOR his Certificate of Comple-
tion, and thereupon it shall be the duty of the OWNER within ten (10) days to
issue a Certificate of Acceptance of,the work to the CONTRACTOR, or to advise
the CONTRACTOR of reasons for non-acceptance.
5.07 FINAL PAYMENT. Upon the issuance of the Certificate of Completion, the
ENGINEER shall proceed to make final measurements and prepare final statement
of the value of all work performed and materials furnished under the terms of
the Agreement and within 25 days shall certify same to the OWNER, who not
later than 35 days after the date of the Certificate of Completion shall pay
to the CONTRACTOR the balance due the CONTRACTOR under the terms of this
Agreement, provided he has fully performed his contractual obligations under
the terms of this contract; and said payment shall become due in any event
upon said periormance by the CONTRACTOR. Neither the Certificate of
Acceptance nor the final payment, nor any provision is the Contract Documents,
shall relieve th,% CONTRACTOR of the obligation for fulfillment of any
warranty which may be required in the Special Conditions of the Specifications.
,08 PAPUT$ WITHUMD. The OWNER may, on account of subsequently discovered
evidence, withhold or nullify the whole or part of the certificate to such
extent as way be necessary to protect himself from loss on account of:
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating
probable filing of claims.
(c) Failure of the CONTRACTOR to make payments properly
to sub-contractors or for material or labor.
(d) Damage to another contractor.
When the above grourlos are removed, or the CONT&4CTOR provides a Surety Bond
satisfactory to the OWNER, which will protect thF: OWNER in the amount with-
held, payment shall be made for amounts withhold because of them.
5.09 DELAYED PAY!lENTS. Should the OWNER fail to make payment to the CON-
TRACTOR of the sum named in any partial or final statement, when payment is
Rev
12-1-67 23
due, or should the ENGINEER fail to issue any statement on or before the date
above provided, then the OWNER shall pay to the CONTRACTOR, in addition to
the sum shown as due by such statement, interest thereon at the rate of six
(6%) percent per annum, unless otherwise specified, from date due as provided
under "Partial Payments" and "Final Payments"', until fully paid, which shall
fully liquidate any injury to the CONTRACTOR growing out of such delay in
payment, but the right is expressly reserved to the CONTRACTOR in the event
payments be not promptly made, as provided under "Partial Payments", at any
time thereafter to treat the contract as abandoned by the OWNER and recover
compensation, as provided under "Abandonment of Contract", unless such pay-
ments are withheld in accordance with the provisions of "Payments Withheld".
6. CHANGES IN THE WORK AND CIAIMS
6.01 CHANGE ORDERS: Without invalidating this Agreement, the OWNER may, at
any time or from time to time, order additions, deletions or revisions to the
work; such changes will be authorized by Change Order to be prepared by the
INGINEER for execution by the OWNER and the CONTRACTOR. The Change Order
shall set forth the basis for any change in contract price, as hereinafter set
forth for Extra Work, and any change in contract time which may result from
the change.
In the event, the CONTRACTOR shall refuse to execute a Change Order which has
been prepared by the ENGINEER and executed by the OWNER, the OWNER may in
wr~tinf, instruct the CONTRACTOR to proceed with the work as set forth in the -
Change Order and the CONTRACTOR may make claim against the OWNER for Extra
Work involved therein, as hereinafter provided.
6.02 MINOR CHANGES: The ENGINEER may authorize minor changes in the work not
inconsistent with the overall intent of the Contract Documents and not in-
volving an increase in Contract Price. if the CONTRACTOR believes that any
minor change or alteration authorized b) the ENGINEER Involves Extra Work and
entitles him to an increase in the Contract Price, the CONTRACTOR shall make
written request to the ENGINEER for a written Field Order. In such case, the
CONTRACTOR also shall advise in writing the OWNER of his request to the
ENGINEER for a written Field Order and that the work involved may result in
an increase in the Contract Price.
6.03 EXTRA WORK: It is agreed that the basis of compensation to the CON-
TRACTOR for work either added or deleted by a Change Order or for which a
claim for Extra Work is made shall be determined by one or more of the follow-
ing methods:
I
Method iA) = 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 (152) percent.
Rev
12-1-61 24
In the event said Extra Work be performed and paid for under Method (C), then
the provisions of thir paragraph shall apply and the "actual field cost" is
hereby defined to include the cost to the CONTRACTOR of all worLmen, such as
foremen, timekeepers, mechanics and laborers, and materials, supplies, teams,
!rucks, 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 inci.ental expenses incurred directly
on account of such Extra Work, including Social Security, Old Age Benefits,
and other payroll taxes, and a rateable proportion of premiums on Performance
and Payment Bonds, and Maintenance Bonds, and on Public Liability and Property
Damage, and Workmen's Compensation, and all other insurance as may be required
by any law or ordinance, or directed in writing by the YNGINEER. The ENGINEER
may direct the form in which accounts of the "actual field cost" shall be kept
and the records of these accounts shall be made available to the ENGINEER.
The ENGINEER shall also specify in writing, before the work commences, the
method of doing the work and the type and kind of machinery and equipment to
be used. Unless otherwise agreed upon, the prices for the use of machinery
and equipment shall be determined by using 100 percent, unless otherwise
specified, of the schedule, current at the time of such use, of Equipment
Ownership Expense adopted by the Associated General Contractors of America.
Where practicable the terms and prices for the use of machinery and equipment
shall be incorporated in the written Change Order. The fifteen (15X)
percent of the "actual field cost" to be paid the CONTRACTOR shall cover and
cospensate him for his profit, overhead, general superintendence and field
office expense, and all other elements of cost and expense not embraced within
the "actual field cost" as herein defined, save that where the CONTRACTOR'S
Camp or Field Office must be maintained solely on account of such Extra Work;
then the cost to maintain and operate the same shall be incl.ded 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 instruction,, either oral or written,
appear to the CONTRACTOR to involve Extra Work for which he should receive
compensation or an adjustment in the construction time, he shall make written
request to the ENGINEER for written order 4uthorising such Extra Work and he
shall advise the OWNER of his request to the ENGINEER. 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 submit the
matter of payment to arbitration, as hereinbelow provided.
6.04 TIME OF FILING CLAIMS, It is further agreed by both parties bereto,that
all questions of dispute or adjustment presented by the CONTRACTOR shall be in
writing and filed with the ENGINEER within fifteen (15) days after the ENGINEER
has given any directions, order or instruction to which the CONTRACTOR desires
to take exception. The ENGINEER shall, within fifteen (15) days, reply to
such written exceptions by the CONTRACTOR and render his final decision in
Rev
12-1-67 25
writing. In case the CONTRACTOR should appeal from the ENGINEER'S decision,
any demand for arbitration shall be filed with the ENGINEER and the OWNER in
writing within ten (10) days after the date of delivery to CONTRACTOR of the
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.
6.05 ARBITRATION. All questions of dispute under this Agreement shall be sub-
mitted to arbitration at the request of either party to the dispute. The
parties may agree upon one arbiter; otherwise, there rhall be three, one named
in writing by each party, and the third chosen by the two arbiters so selected;
or if the arbiters fail to select a third within ten (10) days, he shall be
chosen by a District Judge serving the county in whirh the major portion of
the project is located, unless otherwise specified. Should the party demanding
arbitration fail to name an arbiter within ten (10) days of the demand, his
rights to arbitrate shall lapse, and the decision of the ENGINEER shall be
final and binding on him. Should the other party fail to choose an arbiter I
within ten (10) days, the ENGINEER shall appoint such arbiter. Should either
party refuse or neglect to supply the arbiters with any papers or information
demanded in writing, the arbiters are empowered by both parties to take ex
parte proceeding.
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 1
any question submitted to arbitration under this contract shall be a condition
precedent to any right of legal action. The decision of the arbiter or
arbiters may be filed in court to carry it into effect.
7. ABANDONMENT OF CONTRACT
7.01 ABANDONMENT BY CONTRACTOR. In case the CONTRACTOR should abandon and
fail or refuse to resume work within ten (10) days after written notification
from the OWNER, or the ENGINEER, or if the CONTRACTOR fails to comply with the
orders of the ENGINEER, when such orders are consistent with the Contract
Documents, then, 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
or 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 com-
pletion of the work; and the CONTRACTOR shall not receive any rental or credit
therefor (except when used in connection frith Extra work, where credit shall
be allowed as provided for under Section 6, Changes in the Work and Claims), it
being understood that the use of such equipment and materials will ultimately
reduce the cost to complete the work and be reflected in the final settlement.
Rev
12-1-67 26
Where there is no performance bond provided or in cast 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 completion of the work in either of the following elective manners:
7.011. The OWNER may thereupon employ such force of men and use such ma-
chinery, equipment, tools, materials, and supplies as saia OWNER may deem
necessary to complete the work and charge the expense of such labor, machinery,
equipment, tools, materials, and supplies to said CONTRACTOR, and expense so
charged shall be deducted and paid by the OWNER out of such 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 CONTRACTOR shall receive the difference. In case
such expense is greater than the sum which would have been payable under this
contract, if the same had been completed by said CONTRACTOR, then the
CONTRACTOR and/or his Surety shall pay the amount of such excess to the OWNER;
or
7.012. The OWNER, under sealed bids, aftr-r five (5) days notica published one
or more times in a newspaper having general circulation in the county of the
location of the wok, may let the contract for the completion of the work under
substantially the same terms and conditions which are provided in this con-
tract. In caso of any increase in coat 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
therefor. However, should the cost to complete any such new contract prove to
be less than what would have been the cost to complete under this contract,
the CONTRACTOR and/or his Surety shall be credited with the difference.
When the work shall nave been substantially completed, the CONTRACTOR and his
Surety shall be so notified and Certificates of Completion and Acceptance, as
provided in Paragraph 5.06 herainabove, shall be issued. A complete itemized
statement of the contract amounts, certified to by the ENGINEER as being
correct, shall then be prepared and delivered to the CONTRACTOR and his Surety,
whereupon the CONTRACTOR and/or his Surety, or the OWNER as the case may be,
shall pay the balance due as reflected by said statement, within fifteen (15)
days after the date of such Certificate of 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 contract; or
when the CONTRACTOR and/or his Surety shall pay the balance shown to be due by
them to the OWNER, then all machinery, equipment, tools materials, or supplies
left on the site of the work shall be turned over to the CONTRACTOR and/or his
Surety. Should the cost to complete the work exceed the contract price. ind
the CONTRACTOR and/or his Surety fail to pay the amount due the OWNER within the
time designated hereinabove, and there remains any machinery, equipment, tools,
materials, or supplies on the site of the work, notice thereof, together with
an itemized list of such equipment and materials, shall be mailed to the
Rev
12-1-67 27
I
CONTRACTOR and his Surety at the respective addresses designated in this
contract; provided, however, that actual written notice given in any manner
will satisfy this condition. After mailing, or other giving of such notice,
such property shall be held at the risk of the CONTRACTOR and hts Surety
subject only to the duty of the OWNER to exercise ordinary care to protect such
property. After fifteen (15) days from the date of said notice, the OWNER
may sell such machinery, equipment, tools, materials, or supplies and apply
the net sum derived from such sale to the credit of the CONTRACTOR and his
Surety. Such sale may be made at either public or private sale, with or with-
out notice, as the OWNER may elect. The OWNER shall release any machinery,
equipment, tools, materials, or supplies, which remain on the 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.
1.02 ABANDONMENT BY OWNER. In case the OWNER shall fail to comply with the
terms of this contract, and should fail or refuse to comply with said terms
within ten (10) days after written notification by the CONTRACTOR, then the
CONTRACTOR may suspend or wholly abandon the work, and may remove therefrom
all machinery, tools and equipment, and all materials on the site of the work
that have not 'peen included in payments to the CONTRACTOR and have not been
wrought into the work. kad thereupon, the ENGINEER shall make an estimate of
the total amount earned by the CONTRACTOR, which estimate shall include the
value of all work actually completed by said CONTRACTOR (at the prices stated
in the attached proposal where unit prices are used), the value of all
partially completed work at a fair and equitable price, and the amount of
all Extra Work performed at the prices agreed upon, or provided for by the
terms of his contract, and a reasonable sum to cover the cost of any pro-
visions made by the CONTRACTOR to carry the whole work to completion and
which cannot be utilised. The ENGINEER shall then make final statement of
the balance due the CONTRACTOR by deducting from the above estimate all pre-
vious payments by the OWNER, and all other sums that may be retained by the
OWNER under the terms of this Agreement, and shall certify same to the OWNER,
who shall pay to the CONTRACTOR, on or before thirty (30) days after the date
of the notification by the CONTRACTOR, the balance shown by said final state-
ment as due the CONTRACTOR under the terms of this Agreement.
END - GENERAL CONDITIONS
Rev
12-1-61 28
CITY OF DENTON, TEXAS
CONSTRUCTION OF
PALUXY SAND WATER WELL
AND WATER SYSTEM
DETAIL SPECIFICATIONS
1. SCOPE
The work to be performed includes the furnishing of all materials, labor,
equipment, and whatever else may be necessary to drill, log, construct, core,
gravel, bail and sterilize one water well in the Paluxy Sand, and to equip
the well with a 20 gallon per minute submersible pumping unit complete with
vault, discharge piping, valves, electrical wiring, etc., complete as detailed
on the Plans and specified herein.
The well is to be constructed on property owned by the City of Denton,
adjacent to the Municipal Building. The site of the well is indicated on the
Plana.
2. SLUSH PIT
The Contractor will be permitted to build a slush pit on the site, and
will be required to haul away excess slush at his own cost and expense. Slush
pit will be cleaned up and backfilled upon completion of the work, and the
site shall be graded smooth and left in equal to or better than the present
condition.
3. DEPTH OF WELL
The well shall be drilled into and through the Paluxy Water Sand. The
estimated total depth is 730 feet. It is understood that neither Owner nor
Contractor guarantees this estimated depth of the well. Payment will be made
for the actual number of feet drilled and casing set whether it proves to
be more or less than the estimated amounts herein set forth.
4. LOGS, FORMATION SAMPLES, AND ALIGNMENT
a. Driller's Log: An accurate drilling log shall be kept to record
the various formations encountered and thickness of strata. Before completion
of well, a copy of the drilling log shall be delivered to the owner by the
Contractor.
b. Drilling Time Log: An accurate record of drilling time shall be kept
for that portion of the pilot hole drilled below five hundred feet (5001).
Log shall be in feet drilled per minute and/or minutes per foot and a copy
of the drilling time log shall be delivered to the Owner by the Contractor.
29
c. Drill Cutting Samples: The Contractor shall take samples at each
change of formation and at intervals of twenty feet (201) within continuous
formations. The method of collection shall be as approved by the Engineer.
Two oue-half (1/2) pint samples shall be taken at each change or interval
of the formation and kept in cloth bags, properly identified. Sampling
shall begin 500 feet below the ground surface.
d. Electric Logs: An electric resistivity log a-J an electric micro
log shall be run to determine the characteristics of chc water bearing
formation. The electric log surveys shall be run by Schlumberger and shall
be made immediately following removal of the drill pipe from the pilot hole.
Electric logs, together with interpretation by the Company making logs,
shall be furnished to the owner before casing is set. Logs shall be used
as a basis for setting casing and screens and for the determination of the
thickness of the water-producing formation. Electric logs shall consist of
one (1) self potential curve and at least three (3) resistivity curves with
different electrode spacing.
e. Plumbness and Alignment: The well from the ground surface to a
depth of four hundrel (400') feet shall be drilled so that the alignment
or angle of deflection does not exceed ore (1) degree from plumb and shall
not exceed three (3) 4egrees from plumb between the depths of four hundred
(4001) feet and total depth. The Contractor shall check the plumbness of
the hole at intervals of thirty (301) feet from the top to a depth of four
hundred (400') feet and at intervals of ninety (90') feet from four hundred
(400') feet to the bottom of the hole. The survey shall bt a Schlumberger
Directional Log or Eastman Multiple Survey, or an approved equal. A Direct-
ional Log (computed) shall be furnished to the Owner.
f. Abandonment of Hole: In the event the data hereinbefore described
indicates the abandonment of the hole is advisable, the Contractor shall
fill the hole with heavy mud and, at depths selected by the Engineer, shall
place three (3) twenty-five (25') foot cement plugs.
5. WELL CONSTRUCTION
a. Drilling: The well shall be drilled with a rotary rig and shall be
of sufficient diameter to accommodate the casing, but not less than three (3)
inches greater in diameter than the O.D. of the casing and couplings.
b. Casing: The well casing shall conform to A.P.I. Specificat:ons
with specification, grades, minimum wall thicknesses, and minimum weights
as set forth in the following table:
30
Diameter Depth* Weight Wall
Use 0. D. From To Lb Ft. Thickness Grade Specification
Surface Casing 8-5/8" 0 30 19.64 .219 8 5L
Conductor 5-9/16" 0 690 14.62 .258 B 51,
Liner 2-7/8" 630 730 5.79 .203 B 5L
*Estimated
The casing shall be seamless or electric weld, either plain end
or threaded end coupled. All casing pipe shall be new and shall comply with
the A.P.I. Specifications above.
Weatherford Centralizers shall be placed at twenty (20') foot intervals
on the 5-9/16" casing.
c. Cementing: The well shall be cemented frrm the top of the water sand
to the surface of the ground. The cementing shall be done by Hall{.burton or
some firm equally competent and approved by the Engineer. A minimum of twenty
(20X) per cent more cement shall be used than the calculated volume estimated
to fill the annular spaces between the outside of the casing and the wall of
the drilled hole. The entire annular -mace between the 5-9/16" and 8-5/8"
casings, in the 30 foot lap, shall also be filled with cement. The cement
shall be allowed to set forty-eight (48) hours before drilling operations
are resumed. The Contractor will be expected to take every precaution
available to ensure a proper cementing of the casing.
d. Liner and Screen: Liner shall consist of screen and blank pipe con-
forming to the dimensions and weights as specified for 2-7/8" O.D. casing and
shall be of the same diameter as the screen. The liner shall lap into the
outercasing for 60 feet and extend below the sand ten (10') feet. The screen
shall be set opposite the water bearing saLid. The screen shall be either of
stainless steel wire wrapped type or a solid stainless steel screen of the
shutter type.
Not less than four (4) sets of centering guides of an approved design
shall be used to center the liner and screen in the hole. The blank liner
below the sand shall be equipped with an approved type of back pressure valve
and plug.
It is estimated that 70 feet of blank pipe and 30 feet of screen will
be required.
e. Gravelling: After setting the screen and casing as shown on the plans
and as specified herein, the Contractor shall carefully fill ~Iie hole which
has been drilled through the. water bearing formation with grL•^1, and shall
insure the placing of gravel completely around the screen from top to bottom.
The gravel shall be carefully placed by feeding down through a pipe whose
31
lower end shall be about one (1') foot above the bottom of the well at the
commencement of the graveling operations and shall be progressively raised
as the graveling operations continue upwards. Special care shall be taken to
prevent the caving of the formation wails and resulting bridging of the gravel
so as to prevent its contact with the screen. The dumping of gravel from the
ground surface into the well will not be permitted. Gravel shall completely
fill the annular space in the lap between the outer casing and the liner to
a point SS feet above the bottom if the outer casing.
As the gravel is being p ad into the well, it shall be sterilized
with a high test hypuchlorite solution. The gravel used shall be a specially
selected, washed and screened material. The size and grading of the material
shall be determined from an analysis of the water sand encountered. The con-
tractor shall submit to the Engineer for his approval an analysis of the
gravel he proposes to use.
6. DEVELOPMENT
After the construction of the well as described above has been completed,
the well shall t,e thoroughly surged by means of a heavy bailer, or by other
means approved by the Engi«eer. Surging operations shall be continued, with
sand removed from the screran at short intervals, until little or no more
sand can be pulled into this wells or for a minimum of two hours.
7. WELL PUMPING UNIT
a. General: Furnish and install a deep well, turbine type pumping unit,
with submersible motor drive. This Contractor will be required to install
the unit, make all piping and electrical connections, construct the vault
over the pump head, and place the unit into operation. Motor starter for the
unit is existing and is installed in the City Hall basement.
b. Pumping Conditions: The following conditions shall govern the
selection of the pump:
Capacity 20 GPM
Total Dynamic Head (not
including column friction) 400 feet
Depth of Pump Setting* 350 feet
Minimum Horsepower 3 Vii?
*Depth measured from top of pump foundation
to top of bowl assembly.
c. Pump: Pumping unit shall conform to all applicable requirements of
the American Standards Association Specifications of "Deep Well Vertical
Turbine Pumps". The bowls shall be of high grade cast iron and each bowl
shall be fitted with a bronze siee••e type bearing. The impellers shall be of
32
bronze of the closed type and shall be hydraulically and dynamically balancel.
The shaft shall be of stainless steel. A strainer and water intake shall
be built into the lower part of the bowls in which shall be mounted two long
bronze guide sleeve bearings.
d. Submersible Motor: The submersible motor shall be a minimum of 3-
horsepower, of the completely enclosed type for continuous duty on 208 volt
60-cycle, 3-phase current. The motor shall be equipped with a mechanical seal
located in the top of the motor where its shaft extends through the motor
housing. Bronze sleeve bearings shall be provided at each end of the rotor
and a thrust bearing shall carry the weight of all rotating parts and the
hydraulic thrust of the pump. The oil in the motor shall under all conditions,
after the unit is in the well, be maintained at higher pressure than the
surrounding well water.
e. Pipe Column: Pump discharge column pipe shall be 2-1/2-inch standard
pipe in random lengths, not to exceed 24 feet.
f. Power Cable: The power cable for the votor shall be of ample size
for the load and voltage and shall be of sufficient length to reach from the
motor terminal to 100-feet above the surface plate. The cable shall comply in
every respect with the Electrical Code, and shall be supported on the column
pipe by suitable non-corrosive means at intervals not exceeding 15 feet. The
cable shall have three conductors of not less than 7 strands, each conductor
in an insulating water-tight synthetic rubber or plastic jacket, and the whole
enclosed in an oil-impervious outer jacket.
g. Surface Plate: Furnish and install a 5-9/16" x 2-1/2" tell seal
type surface plate, suitable for connecting a 2-1/2" steel pipe screwed
elbow.
h. Column Check Valve: Install one check valve in the discharge column
pipe immediately above the pump. Check valve shall be cast steel, vertical
type, with bleedback holes, having an inside diameter approximately equal to
that of the discharge column.
I. Information to be Submitted with Bid: The Bidder shall furnish a
complete description of all equipment offered under these specifications,
including catalogs, cuts, and pertinent engineering data. Characteristic
curves for pump offered, showing capacity, head, effi^.iency, and brake horse-
power throughout range of pump, shall be submitted with the bid.
8. DISINFECTION
After the well pump is installed, the well shall be disinfected by use of
a chlorine solution. The solution shall be of such strength and volume, and
shall be so applied, that a concentration of at least 50 ppm of chlorine
shall be obtained in all parts of the well. The solution shall be injected
into the well in such a manner that all parts of the well will be disinfected.
33
Dumping in from the ground surface will not be considered a satisfactory pro-
cedure. The completed well shall be free of bacteria as determined by a
bacteriological test to be conducted by the Owner.
9. PUMP DISCHARGE LINES
The pump discharge shall be connected, under this contract, with 2-inch
copper pipe to an existing 2-inch copper line beneath the Municipal i►uilding,
in the approximate location shown on the Plans. Access if, available to the
existing line via a crawl space beneath the building. A 2-inch copper by-
pass line shall be installed from the well to Pecan Creek, as detailed on
the Plans. Copper pipe shall be Type K hard drawn copper tubing, conforming
to ASA Designation H-23.1. All bends shall be by use of Fittings. Fittings
shall be "Wrought Copper Solder-Jo~;nt Fittings" as manufactured by the Crane
Company, or equal. Ends of f-ut1ng shall be cut square, with the burr
removed from the end of the tubing with a file or scraper. Joints shall be
prepared, fluxed, and soldered in accordance with the instructions of the
manufacturer. Pipe shall be installed with 3'-0" minimum trench cover.
10. DISCHARGE VALVES
A two-inch gate valve shall be installed in the building supply line and
in the by-peas line. the gate valves shall be iron body, screwed end, double
disc, parallel seat, brass or bronze mounted throughout, with handwheel for
operation. Valves shall be Mueller, 150 psi AWWA Gate Valves, or approved
equal.
A two-inch iron body, bronze mounted swing check valve shall be installed
in the discharge line, adjacent to the pump. The check valve shall have
screwed ends, and shall be Crane No. 372, or approved equal.
11. ELECTRICAL
The electrical work shall consist of providing conduit from the well to
the existing 1" conduit stubbed out of the building wall as shown on the
Plans and pulling in the wire provided by the pump ,mnufacturer. The motor
starter is existing and is prewired to the power source. This Contractor
shall connect the motor leads to the starter and install the proper size
extreme fast trip overload heaters as required by the pump manufacturer.
Conduit shall be UL approved rigid heavy wall hot dip galvanized equal
to Pittsburgh Standard. A mogul type LB condulet shall be installed at the
well base plate to serve as a wire pulling location between the well and
the motor starter.
All work shall be in accordance with the NEC and the codes of tte City
of Denton. Inspections and permits shall be obtained by the Contractor.
34
II
12. CLEANUP
After completion of the work, the Contractor shall clean the site of all
debris, equipment, machinery, and materials, and shall water jet all pipe
i' trenches and grade the entire area smooth. The slush pit shall be cleaned
out, backfilled, and graded smooth.
13. RECORDS
The Contractor shall furnish the Owner with acc,irate records concerning
the drilling and development of the wells. The following data should be
included in report: casing and liner sizes and settings, logs, flow test,
plumbness test, etc.
14. PAYMENT
The bid items are intended to include the work of every nature required
for the complete construction. The Contractor shall include in his bid prices
all the work, including any incidental work.
The lump sum bid for Proposal Item No. 1 is intended to be full compen-
sation for completion of the entire contract, including completion of the
well, furnishing and installing the well pump, construction of vault, and
installation of all piping and electrical connections required for the
complete installation as shown on the Plans and described herein. For
variations in quantities from Cuose shown in the Plana and Specifications,
final payment will be adjusted with the unit prices bid under Proposal
Item No. 2.
The estimated quantities on which the lump sum bid is based are as
follows:
Total Depth of Well 730 Feet
Total Length of 8-5/8" Casing 30 Feet
Total Length of 5--9/16" Casing 690 Feet
Total Length of 2-7/8" Blank Line 70 Feet
Total Length of 2-7/8" Screen 30 Feet
Total Depth of Annular Gravel Fill 90 Feet
All lengths are measured from the bottom of the vault to be constructed
over the well. No payment will be made to the Contractor until the entire
project has been completed and tested, in accordance with these Plans and
Specifications.
I
35
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