HomeMy WebLinkAbout05-1967
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DENTON, TEXAS
WATER SYSTEH IMPROVEMENTS
Vl
y
SPECIFICATIONS AND COMTRACT DOCUMENTS
FOR
ASPAIRING, CLEANING AND REPAINTING QN\
STEEL WATER STORAGE TANKS C°
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Mi.y 1967
14
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FREESE, NICM',OI.S AND ENDREBS
Consulting Engineers
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y
CHANGE OR EXTRA WORK ORDER
PROJECT: Repairing, Cleaning and Repainting Steel Plater Storage Tanks
CONTRACT:
OWNER: CITY OF DENTON
CONTRACTOR: Mid-South Tank 6 Utilities
CHANGE ORDER NO. 2 DATE: March 31, 1969
CHANGE OR EXTRA WORK TO BE PERFORMED
1. Add to the Contract the following three new work'items:
9. Cleaning, painting and all other work involved, except welding,
for 100,000 GAL WELL TANK NO. 1, interior and exterior surfaces,
for the lump sum of two thousand, ninety six and 88/100 dollars
($29096.88).
10. Same for TANK NO. 7
11. Same for TANK NO. 12
2. Extra labor for repainting, exterior maroon surfaces of Bell Avenue
irevated Tank, in the amount of two hundred fifteen and no/100 j
($215,00).
i
Net (increase) §fir ease) in contract amount $6t505.64
Revised contract amount $38,948.13
Net (increase) (decrease) in contract time of completion
Revised contract time of completion
Recommended by Approved by OWNER
FREESE, NICHOLS AND ENDRESS
By
e D'*dribVtW:
by CONT TO I - Orreer
Gahnelor
1- F. N. i E. 0Mce
By 1 -Res. Eng.
.
Certificate o Jn3urVInce
AN
~[AT AM,aK
t: I
Coa~anke /
GREAT AA[F.RLCA,Y INSURANCE COM['e►NY
AMERICAN NATIONAL. FIRE INSURANCE: C04 PANY
certifies that the following insurance policies have been issued on behalf of
Name of Insured Niid,South Tank.,d~,Utilities,, ,TZ.AcA.....................
Address of Insured P. O. Box 324, West Monroe, Louisiana 7129,1
.
inactna aar~a"nai
TYPE O! INSURANCE POLICY NUMBER usirra Oy LIABILITY
-o_~n
*ATM
STATUTORY
WORKMEN'S COMPENSATION
AND C 082-58-22* 10/1/66 1011/67 SACS raa■DS
LYPLOYrRS' LIABILITY IRA CSACII1naet
SACS FEA0010
MANUFACTURERS' AND - - -
CONTRACTORS' eanmu ISR.'aV I aA9 r M r9NaaT
~ ur■ At rmaaT
MANVFACTURERS' AND
CONTRACTORS' ,raoraarTPASeoa,l- AOOa. a_.oAny~
11 SACS rtaaOt
OWNERS' AND CONTRACTORS' = - -
IArS ArriDrvT
PROTECTIVE 100blLT /SJi'afl
OWNYRS' AND CONTRACT'ORS'
PILOTLC?IY! ,rroraanPAr"oq aooawATi
- - - - -TOOi000. 00 aAri ranwr
OOMPRZHENa1Y=G!N!$AL 1-20-10-03 10/1/66 10/1/0 7 Q,~Q• ■A~a•rrtD■.=
taomLT tirva» 300, OQQ. QQ_ AooaauAt■
rioucufa
SACS ArCSPirt
Q 000 S~ auwau+tr
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1-20-10-03 10/1/66 10/1/67 2 Q9-o►■a
OOYPREHENa1Y! GENERAL AOOaaoATa
ISOTSCtIt
araoraarTPAr"osI ZQQMae A'
Aooaraata
_
2000 000. 00 ra~.PC rra _
~•S!Y~Y~CY /fin AOCIVIGATE
B.1. $188 , 888. sAraraaaoi
I UU aA. n Arrinair
OWNED 1-20-10-03 10/1/66 10/1/67 P.n. TOO. 000.. a"ca Arrmar=
M. 2 Q00, aAca rraeni
SACS raSaoi
R. 1. SACS Ac rlP■St
PiI$!D P. U. a"cn ArcroaaT
!f P. - *Arm raasoi
. - SACS rataOS
B.
1' SACS Ara~niit
OTHER NON-OWNED
P.D. SACS ACCIVEXT
DtaCRISTION AND LOCATION Oy OPERATIONS AND AUTOMOBILCO COYCRED
00 Cypress Street, West Monroe, Louisiana, and elsewhere in the States of Louisiana,
kansas, Mississippi, and Texas
nn A.trl;,;.,.,n1 Iutec~icall
arjuacR $IQ, 000,
In the event of cancelation of the said policy (a), it is the intent of the Company to mail 10 days prior
thereof to....... MrA..Jack..Qwe-R,....I? roc.W.I'..pf..UWAie.a
CitY.. of..Denton,...Denton,..Texas
I Street ■nd NumL4'r) (City or Town) IState)
Ise request this certificate is issued.
ertificate is not valid unless countersigned by an authorized representative of the Company.
,Lu1yr..6....1 gfi? Countersigned By, B/ IFA.E J S KMAli. AGENJCY.,...iNC.
L ~.Z.
ac an 8i~natare
~amea
N Sets-l144
ORIGINAL
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DENTON, TEXAS
WATER SYSTEM IMPROVEMENTS
SPECIFICATIONS AND CONTRACT DOCUMENTS
FOR
REPAIRING, CLEANING AND REPAINTING
STEEL WATER STORAGE TANKS
May 1967
FREESE, NICHOLS AND ENDRESS
Consulting Engineers
NOTICE TO B1D1rZWw
Sealed proposals addressed to Mr. Jack Reynolds, City Manager of
the City of Denton, Texas, will be received at the office of the City Manager
in the Municipal Building, Denton, Texas, until:
10:30 A.M., May 180 1967
for Repairing, Cleaning and Repainting Steel Water Storage Tanks. At this
time and place, t';e proposals will be publicly opened and read aloud. Any
bid received after closing time will be returned unopened.
Specifications and proposal forms are on file at the office of the
Director of Public Korkg in Denton, Texas, for examination, and may ba obtained
without charge from Freese, Nichols and Endress, Consulting Engineers, 508
Thro:kmorton Street, Fort Korth, Texas.
Each bid must be accompanied by a certified or cashier's check or
approvod bidder's bond executed by a surety company authorized to vrite surety
bonds in the State of Texas for the sum of five per cent (5X) of the amount
of the maximum total bid as a guarantee that, if awarded the contract, the
bidder will within 10 days of sward of contract enter into a contract and
execute bonds on the forms provided, as outlined in the contract documents.
Certified or cashier's check must be made payable to the City of Denton, Texas,
and bidder's bonds must be made in favor of the City of Denton, Texas.
A performance bond in amount of not less than one hundred pre cent
(100%) of the contract price, conditioned upon the faithful performance of
the contract and upon payment of all persons supplying labor, or furnishing
materials, will be required of the successful bidder.
Attention is called to the fact that not less than the prevailing wage
rate as has been established by the City c : 11ei,tgn, Texas, as set forth in
the contract documents, must be paid on this project.
In case 0 ambiguity or lack of clearness in stating proposal prices,
the City of Denton, Texas reserves the right to adopt the most advantageous
construction thereof, or to reject any and all bids, and valve formalities.
No bid may be withdrawn within thirty (30) days after date on which bids
are opened.
CITY OF DENTON, TEXAS
a
SPECIAL INSTRUCTIONS TO BIDDERS
1. Form
Bids shall be made on the blank form attached and the complete documents
and plans shall be returned with the bid. Bids not so made will be considered
out of order.
2. Bid Security
Each proposal must be accompanied by a certified check or acceptable
bid bond in an amount equal to at least five (S%) per cent of the amount
bid as a guarantee that, if awarded a contract, the bidder will execute such
contract within ten (10) days in the form hereto attached and make bond of
100% of the contract price. The bid bond shall be written 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
frog the Secretary of the Treasury of the United States of Amcrica.
3. Performance Bond
With the Axecution and delivery of the contract, the Contractor shall
furnish a performance bond for the full amount of the contract. The 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. 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 Owners to
guarantee the repair and/or replacement of any defective workmanship and/or
materials.
4. Time of Completion
Due to critical requirements for water storage during the summer months
it may be necessary for certain items of the work proposed in this contract
to be delayed until lower water usage periods begin in the fall of 1967.
It is the intention of the otaner to proceed with as much of the work as can be
accomplished within the present budget and water re4u::.ment limitations.
As the result of these factors, separate periods of completion time have
been established for items of work as follows:
Phase 1. - Water Plant Clearwell, Bell Avenue Elevated Tank Exterior,
McKenna Park Standpipe Exterior and " wall Tank, or any
lesser number of these items. - 75 days after notice to
proceeds
b
Phase 7. - McKenna Park Standpipe Interior, and Two Well Tanks, and any
remainder of items moved doWr. from Phase 1. - 90 days after
notice to proceed.
Notice to proceed on the Phase 1 items will be issued as soon as possible
after completion of contract execution. Notice to proceed on Phase 2 items
will probably be held until early fall of 1967.
5. Bidders 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 speci-
fications, and shall become informed as to the nature of the work, labor
conditions, and all other matters that may affect the cost and cime of com-
pletion of the work.
6. Experience Record
The Bidder shall have a satisfactory experience record in this type of
work for a period of at least three years. The Owner reserves the right to
request the Bidder to submit his experience and a list of projects which he
has performed during the past three years. All work performed under this
contract shall be by experienced workmen.
7. Interpretation of Quoted Prices
In case of differences between the written words and figures In a proposal,
the amount stated in written words will be considered a$ the bid.
8. Interpretation of Specifications
Any question as to the meaning of any specifications will be answered
by addendum which will be sent to all who have been furnished the specifi-
cations.
9. Uiscretancies In Elis
In case of lack of clearness of a proposal, the Owner will adopt the most
advantageous construction thereof, or reject the bid.
10. Wage Scale
The Owner has made an investigation and has determined the general pre-
vailing wage rates for the various trades involved on this project. The
Contraccor shall pay not less than the general prevailing rate of wages which
has been adopted by the Owner. (See prevailing wage rates for municipal
construction).
c
It. lusurance
Attention is called to the requirements for insurance as specified in
Paragraph 3.16, page 16. The Contractor will be required to furnish a
certificate of Insurance prior to the execution of the Contract Documents.
12. Property Protection
The Contractor shall take all necessary precautions to protect the
adjacent property from paint. The Contractor shall satisfy all claims of
damage and save the City harmless.
13. Payment
Payment shall be as set forth in the Detail Specifications.
14. Award U Bid Items
The Amer has a limited amount of funds availsble for this project,
therefore, although It Is the Owner's desire to accomplish the entire pro-
ject, it is possible that all bid items may not be awarded. The items will
not be split between contractors. It is the intent of the Amer to accomp-
lish as much work as possible within budgeted funds. This rill be done by
awarding as many items as possible to the Contractor with items bid that total
within Che funds available, providing that all other requirements outlined
In these specifications are met.
15. Staging of Work
It will be necessary to maintain as much storage as possible in the
system at all times, therefore the following staging will be required.
a. Only one of the well tanks can be worked on at a time. Each
well tank must be completed and back in service before drawing down
the next tanks
b. The McKenna Park Standpipe must be in service while the Treatment
Plant Clearwell is being worked one
c. It will be allowable for one well tank and either the Filter Plant
Clearwell or the McKenna Park Standpipe to be out of service at the
same time if necessary.
This staging Is subject to the limitations set forth in paragraph 4
above concerning phases of work,
d
PREVAILING WAGE RATES FOR KJNICIPAL CONSTRUCTIM
The rates below have been determined by the City of Denton, Texas, in
accordance with the statutory requirements and prevailing local wages.
Overtime shall be paid for at the rate of one and one-half (1-1/2)
times the regular rates.
Classification Pete Per Hour
Painter, Brush $2.25
Painter, Stage and Spray 2.50
Sand Blasters 2.00
Helder 2.15
Labor, Common 1.25
Contractor shall comply with all State laws applicable to such work.
The above are aininnm rates. Bidders shall base their bids on rates
they expect to pay, if in excess of these listed. The Amer will not
consider claims for extra payment to Contractor on account of payment of
wages higher than those specified.
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May 18 , 1967
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MID-SOUTH TANK b UTILITIES, INC.
YROI'CFAL OF
t
a corpo.dtion organized: and existing under el:e laws of the 5taco of Louisiana, 17
a pare n.:rahip consir;:ia;; of
ij
an individual trading &a - -
TO TBE CITY OF DENTON, TEXAS
PROPOSAL POP,: Repairing, cloaning and repainting Steel 'dater Storage 'i'nks,
as covered in the spacificacions and other Contract Documenrs.
The undorsigned Biddor, pursuant to the foregoing "Notice to Bidders", has
carefully examined the "Special Instructions co Didders", t,jis Proposal, the
farm of Contract and its general and supplemental conditions, the Specifi-
cations, and also the site of the work, and will provide all necessary labor,
suporintondonce, machinery, equipment, tools, matorialc, serv?ces and ocher
faeilitios to fully completo all the work as provided in the Contract Docu-
ments; and binds himself upon accoptance of this 2roposal to execute a, contract
and performance bonds according to the proscribed forms for the following
prices, to-wit:
ITE."1 DEWRIPTION ESTIMATED UNIT PRICE TOTAL BID
Wis. Prices Writ"_on in Words) C ANTI„ TY F1 rea Fi,ures)
10 Cleaning, paintinig and all other
work Snvolvod, except woldinj,
for 1 MG CLEARWELL at Treatment
Plant, interior surfacos only,
for the lump sa:a of Eleven
thousand, one hundred -sixty-
three & 74/100 _,.Dollars Lump Sulu S il..lb~
2, Cleaning, painting and all other
work involvod for 1 MG McIC4NNA
PAIV, STAND X02 oxteriU ::arid bow,
for the lump sum q9 Seven
thousand, two hundred forty-five
& 64/100_-- Dollars Lump Sum 7024IJ
f
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40
L'. Y r, I ° • (L i .'..J' x a • A -lA 1 af' AC
A ~ ~ yn:~ 't ~•,1 .,1.f ; MYU w a s 'S'NP F"..
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.
T(j'pAL L'TFJ
_;,i. ir.Y~{ 'il :fir, i'_i_:'.r• i~ ,l }IJi;i`!'L'T'i'Y (.~'!r u_~^L (N•-~ur~.:.)
iti~•olw.~ rte. ai,.s. Av;s,~.~:
ern 0)o lui:;) sum o: Three I
thousand, nine hundred forty-
three & 5 1 0 Dollars Luz;) Su" $ 3,943.50 j
f
4. Clcanin;, paintirt- and a17 other
vorc involved, ox"'pt weldiliz,
fos' " :00,000 CAL IvI;LL TANK NO. B,
intorior and oxteiior surfacos,
for chc lu:42 sum of Two ~
-thousand, one hundred seventy-
ht b 04/100 Dollars Lump Sum $ 0178.04
5. Cleaning, paintinD and all other
work involvod, except woldiiig,
for 100,000 CAL WELL TANK NO, 9,
intorior and exterior surfaces,
for the luw sum of Two
-thousand, one hundred seventy-
,el&41 b 04/100 Dollars Lump Sum $ 2,178.04
b. Cloaning, painting and all other
work involved, except wolding,
for 100,000 CAL WELL TANK NO. 100
ir.;erior and exterior surfaces,
for the lump suss of Two
thousand. ninety-six 6 08/100
______Doilars Lump S%:m 2,096.88
7. Clear.ir.f, *,ainting and all other
work involves', exc,:pt welding,
for 1 Y4 XcKENNA PARK STANDPIPE
intorior surfaces above the noznal
waeor line, for tho lump sum of
Three thousand two hundred thirty-
0 A
one 6 91/100 Dollars Lump Sum $ 3,231.91
8. Arc welding areas dosig::atcd by
Er:noar, complete at
-Tan Dollars par hour 5 $ 10.00 $ 50.00
TOTAL AMOUNT DID $ 32.087.93
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The undersigned agrees to commence work within ten (10) days after written
notice to commence worko and to substantially complete the work on which he has
bid within the calendar days stated in the Special Instructions to bidders after
the date of the work order.
Tho undersigned acknowledges receipt of the following addenda:
Addend,= NO, I
The undersigned further declares that he will provide all necessary tools
and apparatus; do all the work and furnish all of the materials and do everything
r,iqulred to carry out the above mentioned work covered by this Proposal in strict
accordance with the Contract Documents and the requirements pertaining thereto,
f%r the sums set forth above.
Enclosed with this Proposal is a cashier's check or certified check for
Dollars, or a Proposal bond in the sun of gam D.rro.+► fie 24A- '
which it is
a;reed shall be collected and retaiswd by the Omer as liquidated dsMSiea in the
event this Proposal is accepted by the Owner within thirty (30) days after the
date advertised for the reception of bids and the undersigned fails to emoute
the contract snd the required bond with the Owner, under the oonditions hereof,
within ten (LO) days after the date maid Proposal to scoe othe=wise said
check or bond shall be returned to the undersigned p .
Respectfully submitted,
MID-SOUTR TANK 6 UTILITIES. INC.
Vice Presider
(SEAL) If bidder is a P. O, box 324
Corporations
West Monroe, Louisiana
NOTES Attach this bid ford
to other papers: Fill
in with ink and submit
complete with attached
papers.
h
X44.1 , .S' 1 ~d
CONTRACT AGREEMENT
STATE OF T :?CAS
COUNTY OF Denton A
THIS AGREEMENT, shade and anterod into this day of
A.D.. 19 67 by and between the City of__ ton
of the County of Denton and State of Texas, acting through its Mayor
thoreQnto duly authorized so to do,
Party of the First Part, hereinafter termed the OWNER, asxi Mid-South Tank b
i
Utilities, Inc.
Paris
of the City of West Monroe QU of Ouachita
and State of Louisiana Party of the Second Part, hereinafter
termed CONTRACTOR.
WrrNrS53T H: That for and in consideration of the payments and agree-
ments hereinafter mentioned, to be made and performod by the Party of the First
Part (afNER), ani under thq conditions expressed in the bonds bearing evan 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 construction
of certain improvements described as follows:
Repairing, Cleaning and Repainting Steel Plater Storage Tanks
and all extra work in connection therewith, under the terms as stated in tho
General Conditions of the Agraemont; and at his (or their) own proper cost and
expense to furnish all the materials, supplies, machinery, equipment, tools,
superintendence, labor,'insuranee, and other aocessories and services necessary
to complete the said construction, in accordance with the conditions and prices
stated in the Propusal attached hereto, and in accordance with all the Goneral
Conditions of the Agreement, the Speoial Conditions, the Notice to Bidders
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j
(Advertisement for Rids), Instructions to Bidders, and the Performance and
Payment Bonds, all attached hereto, and in accordance with the plans, which
includes all maps, plats, blueprints, and other drawings and printed or written
explanatory matter thereof, and the Specifications therefor, as prepared by
FREESE, NICHOLS AND ENDRESS, herein entitled the ENGINEER, each of which has
been identified by the CONTRACTOR and the ENGINEER, all of which are made a
part hereof and collectively evidence and constitute the entire Contract.
The CONTRACTOR hereby agrees to commence work on or of+A r the date
established for the start of work as set forth in a written notice to commence
work and to substhntially complete all work within the time stated in the
Proposal, subject to such extensions of time as are provided by the General
and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the price
or prices shown in the Proposal, which forms a part of this Contract, such
payments to be subject to the General and Special Conditions of the Contract.
I
IN WITNESS WHEREOF, the parties to these presents have executed this
Agreement in the year and day first above written.
ATTESTS
/
City of Denton
Par of t e irat Par OWNER
BY
Title
(SEAL)
ATTEST
Mid-South Tank b Utilities. Inc
Part of the Second Part, CONTRACTOR
By . U
Title
(SEAL)
K Q. BARTON
A J.0RhLti
. 2
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SUPPLEMENTAL AGREEMENT
TO
CONTRACT FOR
Repairing, Cleaning and Repaintitig Steel
Water Storage Tanks
This supplemental agreement between the City of Denton, Owner and the Mf.d-South
Tank and Utilities, Inc., Contractor, is entered into as a part of the, above
named Contract and becomes a part thereof.
All eight (8) Items of Work included in the Proposal from Mid-South Tank
and Utilities, Inc. dated May 18, 1967 are awarded to the Contractor by the
Owner with the following understanding:
Items 2, 3, 4 and 5 will be started within 10 days after receipt of
notice to proceed by the Contractor and will be substantially completed
within 75 days from the starting date.
Items 1, 6 and 7 will not be started until receipt of a second notide
to proceed which will be issued after October 10 1967 but not later than
November 1, 1967. These items will be substantially completed within
90 days after their starting date.
Item 8 is a unit price item supplemental to both phases of work and
therefore is a part of both phases of work.
IN WITNESS WHEREOF, the part to they s have executed this
Supplemental Agreement on the e day of resent , 1967.
ATTE.4T: '
City of Denton. Texas
Party of the list Part, INNER
y
ke rtin Ma or
Title
(SEAL)
ATTEST:
D Mid-South Tank 6 Utilities. Inc.
Party of the Second Part, CONTRACTOR
By
Title
C $ (SEAL)
Q ARTON
CITY ATTOR~Y,
1
PERFORMANCE BOND
STATE OF TEXAS ~Q
COUNTY OF nontnn Y
KNOW ALL MEN BY THESE PRESENTS: That Mid-South Tank 6
Utilities. Inc. , of the City of West Monroe
Parish
7C90QW 0f Ouachita , and State of Louisiana ,
as PRINCIPAL, and
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
as CAM, in the penal sum of Thirty-
Two Thousand[ Eighty Seven 6 95/100 cellars 32,087.95 )
for the payment whereof, tke said Principal and Surety bind themselves and
their heirs, administrators, executors, successors and assigns, jointly and
severally, by these presents:
WHEREAS, the Prinoi has entered to a certain writtsn contract
with the OWNER, dated the day of 19_7 for
the construction of
Repairing, Cleaning and Repainting Steel Water Storage Tanks
which contract is hereby referred to and made a part hereof as fully and to
the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if
the said Principal shall faithfully perform said Contract and shall in all
respects duly and faithfully observe and perform all and singular the cove-
nants, conditions and agreements in and by said contract agreed and covenanted
by the Principal to be observed and performed, and according to the true
intent and meaning of said Contract and the Plans and Specifications hereto
annexed, then this obligation shall be void; otherwise to remain in full force
and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the
3
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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 saiC
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
accompary ing the same, shall in anywise affect its obligation on this bond,
and it does hereby waive notice of any such change, extension of time, alteration
or addition to the term* of the contract, or to the work to be performed there-
under.
IN WITtSS WHEREOF, t aid Frinci and Surety have signed and
sealed tlis instrument this day of i9-61.'T.•
Kid-South Tank 6 Utilities, Inc.
Principal Surety
BY RV
Ti e,.„(~ e y
Address P. 0. Box 324 Address r`
• West Monroe, Louisiana
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety Is:
, r
Notes Date of Bond must not be prior to date of Contract.
4
9_1_66 '
PAYMENT BOND
STATE OF TEXAS
COUNTY OF Denton
KNOW ALL MEN BY THESE PRESENTS: That Mid-South Tank b
Utilities, Inc. of the City of West Monroe
Parish
9910M of Ouachita _ and State of Louisiana
as PRINCIPAL, and
as SURETY, authorized under the laws of the
State of Texas to act as surety on bonds for principals, are held arAi firmly
bound unto the City of Denton, Texas t ,
as OWNER, in the penal sum of Thirty Two Thousand, Eighty-Seven & 95/100
Dollars 32,087.95 ) 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 Principas entered kiAp a certain written contract
with the Owner, dated the day of , 19 67 , for the
construction of Repairing Cleanina and Repainting Steel Water _Storage Tanks
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 prosecution of the work provided for in baid 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 Article 5160 of the Revised Civil Statutes of Texas as amended by
acts of the 56th Legislature, Regular Session, 1959, and all liabilities on
this bond shall be determined in accordance with the provisions of said Article
to the same extent as if it were copied at length herein.
PROVIDED FURTHER, that if any legal action be filed upon this bond,
venue shall lie in Denton County, State of Texas.
5
9-i-66
Surety, for value•received, stipulates and agrees that no change, ex-
t~nsion of time, alteration or addition to the terms of tho contract, or t6 the
wirk 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, alteration or addition to
the terms of the contract, or to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Prinoi and Surety have signed and
sealed this instrument this 07W day of 19.A2._..o
id-South Tank L i:tilitiaa~ Tn
Principal Surety
By
Tit e
Address p. Box 124 Addreaa
West M ntoa_ Ia • `
(SEAL) (SBAL)
The name and address of the Resident Agent of Surety Is:
Note: Date of Bond must not be prior to date of Contraot.
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GENERAL CONDITIONS OF AGREEMENT
1. DEFINITIONS OF TERMS
1.01 OWNER. CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and the
ENGINEER are thos9 mentioned as such in the Agroement. They are treated
throughout the Contract Documents as if each were of the singular number
and masculine gender. The ENGINEER shall be understood to be the ENGINEER
of the OWNER or his duly authorized representative.
1.02 CONTRACT DOCUMENTS. The Contract Documents shall consist of the
Notice to Bidders Advertisement for Bids;, Instructions to Bidders, Special
Provisions or Special Conditions, Proposal, Contract Agreement, Performance
Bond and Payment Bond (when required), Special Bonds (when required), General
C-ndit.ions 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 called for by any one
shall be as binding as if called for by all. In the event of a conflict in
the Cppntrapt 1~ocuments, the CONTRACTOR shall call the conflict to the
ENGII (48'ittention in writing and he shall decide the eorlfiiet'in writing,
and the ENGI14EER18 docision shall be binding.
1.0 SUg-tO TRACTOR. The term Sub-contractor, as employed herein, includes
oral those gVing direct contract with the CONTRACTOR.
1:04 WRI4M'EN Iw'7PICE, 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'A911vered at or
sent by registered mail to the last business address known to him who gives
the ndtic'e.
145 -WORK. Unless otherwise stipulated, the CONTRACTOR shall provide and
-pay for 411 materials,`supplies, "Yuchinery, equipment, tools, superintendence,
labor, insurance, and all water, light,'power, fuel, transportation, and
other faoitit,ies and services necessary for the execution'and completion of
the work covered by the contract documents. Unless otherwise specified, 'All
matetials shall be new and both workmanship xnd materials shall be of a good
quaiity. The CONTRACTOR,shall, if required, furnish satisfactory evidence
as tq„the'.kind and quality of materials. Materials or work described in
woma"irhich`so appliM have's well known technical or trade meaning shah be
held to' refer to such recognized standards.
1.06 WORKING DAY. A "Working Day" is defined as any day not including
-,Saturdays,' Sunda~rs or any legal holidays, in which weather will` penult con-
struction of the principal unite of the work for a period of not loom than
seven (7) hours between 7:00 a.m. and 6:00 p.m.
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~s
1.07 CALENDAR DAY. A "Calendar Day" is any day of the week or month, no
days being excepted.
1.08 WORD{ WEEK, The "Work Week" shall consist of a period of seven (7)
successive calendar days to begin and end as specified by the CONTRACTOR.
1.09 SUBSTANTIALLY COMPLE~'ED. By the term "Substantially Completed" is
meant that the structure or facility has been made suitable for use and
al.1 construction completed except for minor repairs or miscellaneous work,
which while in progress will not interfere with the OWNER'S use and occu-
pancy of the structure or facility.
2, CONTROL OF WORK
2P01 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 grader will
be }})pegeo,. All stakes, marks, etc., shall be carefully preserved by the
CONTRACTUt, and in case of careless destruction or removal by his or his
empl,pyees, such ptakes,,xarks, etc., shall be replaced at the CONTRACTORIS
expense.
2.22, NE ' AUTHOR= I . The ENGINEER shall have the right
of supervision of the work, to he limited extent hereinafter mentioned,
for the purpose of seeing that the improvements are constructed in conformity
ylifh„the contract.. It is,understood and agreed, however, that the ENRINEER'S
supprvision is forA6 sole purpose of seeing that the unprovements are
constructed in ac ordance with the contract, to the and that the OWM
upon,,completion i+~ll have improvements conforming to the pl ps, speciti
cations and other-oontract documents. The ENGINEER is the ENGINEER of the
OWNER, as aforesaid, and all supervision and other duties of the EWAMM
under thie cortraot are for the sole benefit of the OWNER, the parties
nt that these provisions shall inure to
V ncgati at~y intters
h re gxpreas
t o be It of . anyo.n, pot a pair y o this agreement, The CONTRACTOR is
and,pha remain ir4ge ndgnt contractor, solely responsible for the
man or fr~d Qethod ofN4coo;apliahing his work hereunder, and the safety of
b"fic" lf, his eAplo ees end., other persons by reason of his operations hers. .
under,,'IThe ENGINE t'S,authority in this regard shall be limited to a right
of veib'w th respects to,methods which in the.ENGIAMIS opinion would '
pr,ent; he. nip , to ~rov manta conforming; to the contract. 't'he ENGINEER
shall Piave the'authoty to atop the work.uhenpve,such,stoppage may be"
necessary to insure the proper execution of the contract.
In o d9 i R P eY4 •~ey &0 disputes and to discpurage,'litigation,
it i ur ~pr a$ aed t „the EM INMER shall` in.afl ciaes determine the
amounts and quantities of the several kinds of work which are to be paid
a
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for under this contract. He shall determine all questions in relation to
said work and the construction thereof, and shalt 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 arbitra.
tion or to any action on the contract, and to any rights of the CONTRACTOR
to receive any money under this contract; provided, however, that should
the ENGINEER render any decision or give any direction which, in the opinion
of either party hereto, is not in accordance with the 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 work; therefore, the
written decision or directions of the ENGINEER as rendered shall be promptly
carried out, and any claim arising therefrom shall be thereafter adjusted
by arbitration as hereinafter provided.
.i
The ENGINEER shall, within a reasonable time, render and deliver to both
the OWNER and the CONTRACTOR a written decision on all claims of the parties
hereto and on all questions which may arise relative to the execution of.
the work,or the interpretation of the contract, specifications and. plans.
Should the ENGIMEER.fail to make such decision within a reasonable time,
an,appe$l.,to arbitration may be taken as if his decision has been rendered
against ,the, par y opealing.
. 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, permissions order,
designation or prescription, of the ENGINEER is intended; and similarly.
the,words "cpproval", "acceptable", "satisfaotory", or words of like import
shall mean, approved by or acceptable or satisfactory to the ENGINEER.
2.03 ,_PUPER;NfENAENCE 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 Lispectors as the said ENGINEEt
may deem proper to inspect the material furnished and tF;d work done under
this agreement, and to see that the said material, is furnished and said wor~
is done in accordance with the specification therefor. The CONTRACTU shall
furnish all reasonable aid and assistance required by the subordinate
engineers, supervisors or inspectors for the proper inspection and examina.
4ign of, the work. The rulings and decisions of any such subordinate engineers,
supervisors or.inspectors,so appointed, when consistent with the obligations
of ,this agreement and the accompanying plans and specifications, shall have
the same force amid effect as rulings and decisions of the ENGINEM hereunder;
provided, hoyeyerj should the CONTPACTOR object to any ruling or decision
by such subordinate engineer, supervisor or inspector, the C0MACtop, may
within sl ,(6),days make written appeal to the ENGINEER for his decision.
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i
2.04 CONTRACTOR'S DU AND SUPERINTENDENCE. The CONTRACTOR shall give per.
son at htion to the faithful prosecution and completion of this contract
and shall keep on the work, during its progress, a competent superintendent
and any'nedessary assistant, all sati,•,factory to the MIDI I . Tha super-
intendent'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 net adversely affect the completed
improvements, and solely responsible for the safety of himself, his am-
ployees and other persons, is well as the safety of the improvements being
erected and the property of himself or any ether person, as a result of
his opgrations 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 ENG DMER being interested
only'in'the result obtained and conformity of such ^.ompleted improvements
to the plans, specifications and contract. Likewise, the CONTRACTOR shall
be solely responsible for the safety of himself, his employees and other
person?3`;'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 speoifications,`as well as any
or throoujg~ ''V, iOWNnform Ek or ti 1 on ENGVEERconcerning h iriterpr9tedras r'equsir gf orm
allow , dOlk &OR 'to 'dhViate from shall'not the planse'and specifications, thb 'intent'
of 'such''draw-vi 'specihcations and any other such instructions being to
de irie'•`iit~ ~Artl^ulae ty the agreement of the parties as to the work the
CO R'AttoR"i''s to perforiri. 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
pr6,N,rty,, including, without limitation, the adequacy of all temporary
supports,' shcring,'bracing, scaffolding, machinery or equipment, safety
precdutioris'or devices, and similar items or devices used by him during
ea.4truetion. Any review of work in process, or any visit or observation
cf~iln'g 'o'C' n4truction, or ''Ahy'clarification of plans and specifications, by
the OWNER or 'NGINEFR, or any agent, employee or representative of either°
of'them, whether *,hrough personal observation on the project site or by
.''%6 ans of approval o shop drawings for temporary construction or construction
pV6d6:4ids,' 'or by aYV ether means or method, is' agreed by the CONTRACTOR to
be',,16`r 'the purpose' of ohsert►ing the extent and nature of stork completed o'r
166 'i'ng"paIrform6d;' as measured against the drawings and specifications
constittiti" 'the'cdntradt, or *fot the purpose of enabling CONTRACTOR to
morn"Mij nde4•'stiM tah6l plans 'and specifications so that th'd'dompleted
constraieti'on wdfk-will do Orin thereto, and shall in no'wey,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
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I
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 ENt3INEEF., 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 examinai.ion, 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 arty of the terms or obligations herein contained.
2.06 CHARACTER OF WORKMEN. The CONTRACTOR agrees to employ only orderly
and competent men, skillful in the performance of the type of work required
under this contract. to do the work; and agrees that whenever the EW?INEER
shall inform him in writing that any man or av;,n on the work are, in his
opinion, incompetent, unfaithful or disorderly, such man or men shall be
discharged from the work and shall not again be employed on the work without
the ENGINEER'S written consent.
2:07 CONTRACTOR'S BUIWINGS. The building of structures for housing men,
or the erection of tents or other forms of protection, will be permitted
only at such places as the ENGINEER may direct, and the sanitary conditions
of the grounds in or about such structures shall at all times be maintained
in a manner satisf.4ctory 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 DRAWINGS. The CONTRACTOR shall submit to the ENGINEER, with
such promptness as to cause no delay in his own work or in that of any
other Contractor, four copies, unless otherwise 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'reasoncble promptness,
making desired corrections. The CONTRACTOR shall mako 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
Jdr-sohedulbs shall net'relieva the CONTRACTOR from responsibility for devia-
tions from drawings or specifications, sinless ha has in writing called the
ENGINEER+8 attention to such deviations at the time of submission, nor shall
12
9-1-66
it relieve him from responsibility for errors of any sort 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 result 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 ani agreed that
neither the ENGINEER nor the OWNER assumes any duty to pass upon the propriety
or adequacy of such drawings or schedules, or arty means or methods reflected
thereby, in relation to the safety of either person or property during
CONTRACTORS performance hereunder,
2.10 PRELIMINARY APPROVAL. The ENGINEER shall not have the power to
waive the obligations of this contract for the furnishing by the CONTRACTOR
of good material, and of his performing good work as herein described, all
in full accordance with the plats 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 arAy material furnished, and in event the material has been once
accepted by the ENGINEER, such acceptance shall be binding on the OWNER,
unless it can be clearly shown that such material furnished does not meet
the specifications for this work.
Any questioned work may be ordered taken up or removed for re-examination,
by the ENGINEER, prior to final acceptance, and if found not in accordance
with the specifications for said worko all expense of removing, re-examination
and replacement shall be borne by the CONTRACTOR,`otheftiise the expense thus
incurred shall. be allowed as EXTRA WORK, and shall be paid for by the OWNER;
proyideo that, where inspection or approval is specifically required by the
specifications prior to performance of certain work, should the CONTRACTOR
proceed with such work without requesting prior inspection or approval, he
shall dear all expense of taking up, removing, and replacing this work if
so directed by the ENGINEER.
2.11 DEFECTS AMID THEIR REMEDIES. It is further agreed that if the wcrk or
any part thereof, or any material brought on the site of the work for use
in the work or selected for the same, shall be deemed by the ENGINEER as
unsuitable or not in conformity with the specifications, the CONTRACTOR
shall, after receipt of written notice thereof from the ENGINEER. forth-
wi',h remove such material and rebuild or otherwise remedy such work so that
it will be in full accordance with this contract.
2.12 CHANGES 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, form, dimensions, plans, or materials fc ~ the work herein contemplated,
o any, part thereof, either before or after the beginning of the construe-
tinn, without affecting the validity of this contract and the accompanying
performance and payment bonds.
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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 it~ims under Section 5, "Meacurement and Payment". If the amount of
work is 'increased, and the work can fairlr be classified under the specifi-
cations, such increase shall be paid for according to the quantity actually
done and a+,the unit price, if any, established for such work under this
contract, except as provided for unit price items under Section 5, "Measure-
ment and Payment"; otherwise, such additional work shall be paid for as
provided under Extra Work. In case the OWNER shall vmke 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 recomperze 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
criginaliy 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 rate of progress required under this con-
tract, or the working force of the CONTRACTOR is inadequate for securing
the progress herein specified, the ENGINEER may order the CONTRACTOR in
writing to 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 apd the safety of the improvements,. bi order to
secure their erection in conformity with this contract; it shall remain the
sole duty grid responsibility, of the COYMACTOA to talcs adequate precautions
in his operations for the safety of persons and property. No failure of the
ENGINEER to complain of the methods F equipment of the CONTRACTORt 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 AND 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 same constantly accessible on the work, with the
latest revisions noted thereon.
302 , QdWASHIP OF DRA~ WINGS, 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 thb property of the OWNER.
3,03 ADEQUACY r1F DESIGN. It is understood that the OWNER believes he has
e%ployed competent engineers and designers. It is, therefore, agreed that
the OWNER shall be responsible for the adequacy of the design, sufficiency
of the Contract Documents, the safety of the completed structure and the
practicability of the operations of the completed project; provided the
:3
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CONTRACTOR has complied with the requirements of the said Contract Documents,
all'approved modifications thereof, and additions and alterations thereto
approved in writing by the OWNER. The burden of proof of such compliance
shall be upon the CONTRACTOR to show that he has complied with the said re-
quirements of the Contract Documents, approved modifications thereof and all
approved Additions and alterations thereto.
3.04 RIGHT OF ENTRY The OWNER reserves the right to enter the property or
vocation on which tho works herein contracted for are to be constructed or in-
stalled, 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 mast 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 E EIPHERr. MKMIALS AND CONSTRUCTION PLANT. The CONTRACTOR shall
provide all tools, equipment, machinery, materials, and.construotion plant
and facilities necessary in the prosecution wA completion of the contract,
except as otherwise specifically- set' forth to be provided by the OWNER.
Th6'CONTRACTOR shall be responsible for the care, preservation, conservation,
and protection of all materials, supplies, machinery, equipment, tools,
apparatus, Aecessories, facilities, all means of construction, and any and
all parts of tiro 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 MOTECTION AGAINST ACCQFNT TO EMPLOYEES AND THE FUBLIC. The CONTRACTOR
shall take out and procure a polioy or policies of workmen's compensation
insurance with an insurance company licensed to transact business in the State
of New Mexico, which policy shall comply wit. the Workman's Compensation Law
of the State of New Mexico. The CONTRACTOR shali bt all times exercise reason-
able precautions for the safety of employees and others on or near the work
and shall comply with all applicable provisions of Federal, State and Mini-
cipal safety laws and building and construotion codes.. All mach i-4ry,and
equipment and other physical hazards shall be guarded in; accordance wi%h the
"Mahual of Accident Prevention in Construction" of the Asso0 ated General
Cortraotors of America, except where incompatible with Federal, State, or
Municipal laws or regulations. Tha CONTRACTOR shall provide such irk;chinery
guards, safe walkways, ladders, bridges. gangplanks, and other safety dovices
as may be required as requisite to the prevention of accidents. The CONTRACTOR
14
NM
9-1-66
and his Sureties shall indemnify and save harmles_ OWNER and all his
officers, agents and employees, and the ENG M am 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 thew 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 or 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 &M 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 CONTRACTCR 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-
cautions 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 my
be given by the OWNER, ENGINEER, or their representatives concerning omissions
under this paragraph as the work progrosses, are intended only as reminders
to the CONTRACTOR of his duty in said regard, and shall not be construed as
any'a''ssumption of duty to supervise safety precautions by either the OWNER
or ENOINEF~t.
3.09 'PERF~OR MAMCE AND PAYMENT BONDS. It is further agreed by the parties to
this Contract that the .CONTRACTOR will execute separate performance and payment
bonds, eac '
h in the'sumof one hundred (100%) percent of the total contract
price, on staivlard 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 shall not be in effect until such performance and payment bonds
are furnished and approved by the OWNER.
Unless otherwise approved in writing by the OWNER, the surety company under-
writing the bonds s'.all be acceptable accordU g to the latest list of com-
panies holding certificates 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 cost of the premium for the performance
and payment bonds shall be included in the CONTRACTORI9 proposal.
3.10 LOSSES FROM NATURAL CAUSES. All loss or damage to the CONTRACTOR
arising out of the nature of the work to be done, or from the action of the
elements, or from any unforeseen circumstances in the prosecution of the
same, or from unusual obstructions or difficulties which may be encountered
in the prosecution of the work, shall be sustained and borne by the CONTRACTOR
at his own cost and expense.
13
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3.11 PROTECTION OF ADJOINING PROPERTY. The said CONTRACTOR shall take
proper means to protect the adjacent or adjoining property or properties
in any way encountered, which might be injured or seriously affected by
any process of construction to be undertaken under this Agreement, from
any damage or injury by reason of said process of construction; and he shall
be liable for any and all claims for such damage on account of his failure
to fully protect all adjoining properly. The CONTRACTOR agrees to indemnify,
save and hold harmless the OWNER and the ENGINEER against any 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 arty claim of any kind arising out of the existence or
character of the work.
3,12 PROTE'CT'ION AGAINST CLAIMS OF SUB-COMACTORS. LABORERS, MATERIALMEN
AND KM NIS1228 OF MACHINERY, EQUIPMENT' AND SUPPLIES. The CONTRACTOR agrees
that'he will indemnify and save the OWNER harmless from all claims growing
out of the lawful demands of sub-contractors, laborers, workmen, mechanics,
materialaen, and furnishers of machinery and parts thereof, equipment, power
tools, and all supplies, including commissary, incurred in the furtherance,
of the performance of this contract. When so 'desired by the OWNER, the CON-
TRACTOR shall'turnish satisfactory evidence that all obligations of the nature
hsfeitiabo4& designated have been paid, discharged or waived. If the CON-
MftO~ fails''so to 'do, then the MER may at the option'of the CONTRACTOR
eithe'r' Pad ire'et "a~'~y unpaid bills of which the` (ihiiR has 'written notice,
or witl~hgld from'.t a COfttRACTOR#'S'urpaid 66mpehsatihn ay"suet of money deemed
reasonAb y suffioldrt to' li'Quidate arty 'aM ali `Sue~h lawful' olaims until,
satisfactory evidence is furnished that all liabilities have been fully °dis
charged; whereupon payments to the CONTRACTOR shall be.resumod in full, in
ac6ord&&s"'4it)i the e
in no-event shall the row
oy ft~~s ~sente~rms of this contract but-- any g ~ p '
ce be donstrued' to impose an obli ation,u n the
OWi o "by ithet! 'ttiq CONT1lkTOR 'o'r his Sure ty.
3OT
.1 PR 1~C1Tf4 'AGAINV ltd ALTIES OA ' PAT (1TED INDENTION. The CONTRACTOR
sh l; p y a 1t6ya ties and license feed;"and,sha l'provide for the use of
any design, device, material, or process covered by letters patent or copy-
right, by §V itable legal agreement with the patentee or OWNER. The CON-
TRACTOR shall defend all suits or claims for Infringement 'of any patent or
copyr}ght rights and shall indemnify and save the . harmless from any
loss' on account thereof, except that the OWNER shall defend all such suits
and claims and shall be responsible for,all such loss when a particular
design,"device.,' material, or process or 'the product of a particular manu
Ua ture'r or manufacturers is specified or required by the'OWNER; provided,
}iowever, if choice`of alternate design,,device, material, or process is
afZbw, i3 to the'COI~I'F{ 4lo , then CONTRACTO$ shall Indemnify and save OWNER
harmless from'ahy loss on account; thereof. ' the material or process
specified or required by, the OWNER is an infringement, the CONTRACTOR shall
be respon'sibie.:for such lo$s'unles's he'pr~mptly gives-such information to
the`OWNEko
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3 .14 LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe and
comply with all Federal, State and local taws, 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 call9d for by the provisions of
the Contract Documents. If the CONTRACTOR observes that the plans and speci-
fications are at var-lance therewith, he shall promptly notify the ENGINEER
in writing, and any nocessary 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 conlitions under which the OWNER may enter into contract,
shall be controlling, and shall be consilered as part of this contract, to
the same effect as !huugh embodied heroin.
3.15 ASSIGNWNT AND SUBLETTING. The CONTPRACTGP 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 OWNER.
and that no part or feature of the work will be sublet to anyone objection-
able'tb the ENGINEER or the OWNER. The CONTRACTOR further agrees that the
subletting of any portion or feature of the work, c.r w3tarials requited in
the performance of this contract, ahall not relieve the CONTRACTOP from his
full obligations to the OWNER, as provided by this Agrue!nent.
3.16 CONTRACTORS AND SUB-CONTRACTOR'S INSURANCE. The CONTRACTOR shall mat
commnce work un-l9r this contract until he has obtained all the insurance
required under the oiluwing sub-paragraphs and such fir.uraroe has been
approved by the.OWNER, nor shall the CONTRACTOR allow any sub-contraotor
to commence work on a sub-:,ontract until such sub-contractor has obtained
complete insurance coverage aZ required for the CONTRACTOR.
m61 COMPENSATION_1_NSURANCE. The CONTRACTOR shall procure and shall main-
tain during the life of thi; 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 F.uch work sublet, the CONTRAu'rO3 shall require the sub-
contractor similarly to provide Workmen's Compen,iation Insurance for all of
the latter's employees to be engaged in such work, unless such employees
are covored by thr, protection afforded by the Contractor's Workmen's Compensa-
tion Insurance. In case any class of employeas engrged in hararivis work on
the project ur.14er this contract is not protected under the Workmen's Compensa-
tion Statu+.a, the CONTRACTOR shall provide, and shall cause each sub-contraotor
to provide, adequate E'mployer's General Liability Insurance for the protection
of such of his employees not otherwise protected.
3.162 CONTRACTOR'S FJBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE. The
CONTRACTOR shall procure and shall maintain during the life of this contract
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• 9-1-66
Contractor's Comprehensive General Liability Insurance in an amount not less
than $100,000.00 for injuries, including accidental death, to any one per-
son, and subject to the same limit for each person, in an amount not less ,
than $300,000,00 on account of one accident, and Contractor's Property
Damage Insurance In an amount of not less than $50,000.00 on account of onn
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 $100,000.00 for injuries,
including accidental death, to any one person and subject to the same limit
for each person, an aax+unt not less than $3000,000.00 on account of one
accident, and automobile property damage insurance in an a+oount not less
than $50,000.00.
3.164 SCOPE OY INSURANCE AIM SPECIAL HAZARD. The Insurance required under
the above paragraphs shall provide adequate protection for t,ie CONTRACTOR
and his sub-contractors, respectively, against damage claims which many.arise
from operations under this contract, whether such operations be by the in-
sured or by anyone directly or indirectly employed by him. Insurance also
shall be provided against,special hazards, if any, as may be ast forth in
the Special Conditions or Special Provisions, or elsewhere in ,hose Con-
tract Documents.
For contracts involving work to be performed within the corporate limits of
any municipality and for contracts involving pipe line construction (water,
sewer, or other), the CONTRACTOR shall furnish insurance as saparato policies
or by additional endorsement to one of the above mentioned policies. and
in the amounts as set forth for public liability and property damage, the
following insurance:
(a) Blasting, prior to any blasting being done.
(b) Collapse of builr!ings or structures adjacent to excavation
(if excavations are to be performed adjacent to same).
(c) Damage to underground utiliti,s.
3.165 PROOF OF CARRIAGE OF INSURANCE. The CONTRACTOR shall furnish the
OWNER with satisfactory proof of coverage L insurance required in these
Contract Documents in amounts and by carriers satisfactory to the OWIM.
Proof of carriage of insurance by sub-contractors shall .iso be furnished.
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3.17 GENERAL INDEMNIFICATION. The CONTRACTOR agrees, without in any wady
limiting other provisions of this contract, to protect, indemnify and hold
the' OWNER and ENGINEER free and harmless from and against any and all claims,
liens, demands, liabilities, penalties ane.. causes of action of every kind
and character, including but not, limited to, the amounts of judgments,
penalties, interests, court costs, costs of litigation and reasonable legal
fees incurred by the OWNER or ENGIM~.FR in defense of same, arising in favor
of governmental agencies or any third parties (including, but not limited
to, CONTRACTOR and Sub-Contractors and employees of CONTRACTOR and Sub-
Contractors) on account of taxes, claims, demands, liens, debts, penalties,
personal injuries, death or damages to property, and without limitation by
enumeration, all other claims, demands or causes of action of every character
occurring or in anywise incident to, in connection with or arising out of
the work performed and to be performed by CONTRACTOR hereunder, including
specifically but without limitation, design and installation of temporary
supports, shoring, bracing, scaffolding and similar items, whether or not
occasioned by the negligence, carelessness or want of skill of 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 specifications even though such do-lation occurs with or xi*:iout the know-
ledge of the OWNM or ENGINEER, and whether or not such deviq'..ons have been
called to CONTRACTOR'S attention, except insofar as responsit.lity, if any,
may be' expressly assumed by the OWNER or ENGINEER under the :rovisions of
this contract. '
3.18 GUARANTEE, The CONTRACTOR shall guarantee the work against failure.
or malfunction due to defective materials or workmanship for a period of
• one year from the date of the written Certificate of Acceptance of Vie OWNER.
Where'tb CONTRACTOR is required to procure &nd furnish articles manufactured
by'bther's; the standard warranty, if any, of the manufacturer thereof shall
be delivered to OWNER by CONTRACTOR in form to inure t,) OWNER'S benefit,
This guaranteb 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.
Whan 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 (5) days after written notice of such defects has been
given by the OWNER and the work of the repairs shall proceed with dispatch so
that the repairs will be completed within a reasonable length of time. Should
the CONTRACTOR fail to initiate the repairs within five i5) days after written
notice or should he fail to complete the repairs within a reasonable time,
the OWNER May make the necessary repairs and charge the CONTRACTOR with all
costs incurred therefor,
As A part of this guarantee, the CONTRACTOR'S Performance Bond shall remain
in'dtfedt for a period of one year after the date of writteh acceptance by
the' OWNER,
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2.19 WAGE RATES. The OWNER in accordance with statutory requirements has
determined the general prevailing rates of wages as applicable to the project,
and the CONTRACTOR shall pay not less than the rates of wages so determined.
A copy of the schedule of prevailing wage rates as established by the OWNER
is included as a part of these Contract Documents,
4. PROSECUTION AND PROGRESS
4.01 TIME AND 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 construo.
tion; provided, however, that the order and the time of prosecution shall
be such that the work will be substantially completed as a whole and in part,
in accordance with this contract; the plans and specifications, and within
the time of completion designated in the Proposal; provided, also that when
the OWNER is having other work done, either by contract or by his own force,
the ENGINEER may direct the time and manner of constructing the work done
undor 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 shall submit, at such times as may rea:'onably be requested
by the ENGINEER, schedules which shall show the order in :rhich the CONTRACTOR
proposes to carry on the work, with dates at which the CONTRACTOR will start
the several parts of the work, and estimated dates of completion of the
several' parts.
within 'seven (?)days after the end o such calendar month, the CONTRACTOR
shall report in writing to the ENGINEER any d=y claimed 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 recognized and the ENGINEER'S decision 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 may decide justifies the delay,
then an extension of time shall be allowed for completing the work, sufficient
to 'compensate for the delay, the amount of the extension to be determined
by the ENGINEER; provided, however, that the CONTRACTOR shall give the
ENGINEER notice in writing of the cause of such delay within ten (10) days
from inception of such delay.
4.03 HINDRANCES AND DELAYS. No claims shall be made by the CONTRACTOR for
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 work embraced in this contract. In case said work may be stopped by the act
of the CANER, 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 agrees that time is of the essence
of this contract, and that for each day of delay beyond the number of days
herein agreed upon for the completion of the work herein specified and contracted
for (after dLe allowance of such extension of time as is provided for under
Extension of Time hereinabove), the UdWR may withhold permanently from the
CONTRACTOR'S total compensation. the amount per day given in the following
schedule, not as a penalty, but as liquidated damages anrl for added expense
for engineering supervision, etc. in connection with the project:
Amount Amount of Liquidated
Of Contract Damages Per Day
$ 100,000 or less $100
100,001 to 5009000 150
500,001 to 10000,000 200
1,000,001 to 2,000,000 300
Over 29000,000 400
5. MEASURD ENT AND PAYMENT
5.01 QUANTITIES AND MEASUREMENTS. No extra or customary measurements of
any kind will be allowed, but the actual measured and/or computed length, area,
solid contents, number, and weight only shall 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
material to be furnished hereunder. Where the estimated quantities are sham
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, and that where the basis for payment under this
contract is the unit price method, payment shall be for the actual amount of
such tiork 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, haxever, that in case the
actual quantity"of any item should become as much as 259 more than, fir 25% lase
than the estimated or contemplated quantity for such items, then eitner party
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t ti ;
i
to this Agreement, upon demand, shall be entitled to a revi&ed consideration
upon the portion of the work above or below 251of tre estimator) quantity. 'I
Any revised consideration is to be determined by agreement between the parties,
othentise by the terms of this Agreement, as provided under "Extra Work".
5.03 PRICE OF WORK. In consideration of the furnishing of all the necessary
labor, equipment and material, and the completion of all work by the CONTRACTOR,
and on the completion of all work and of the delivery of all material embraced
in this contract in full conformity with the specifications and stipulations
herein contained, the OWNER agrees to pay the CONTRACTOR the prices set forth
in the Proposal hereto attached, which has been made a part of this contract.
The CONTRACTOR hereby agrees to receive such price., in full for furnishing all
material and all labor required for tho aforesaid Mork, also for all expense
incurred by him, and for well and truly performing ,he same and the whole
thereof in the manner and according to this Agreement, the attached specifi-
cations and requirements of the ENGINEER.
5.04 PARTIAL PAYMENT'S. 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 work.
The OWNER shall then pay the CONTRACTOR on or before the 15th day of the
current month the total amount of the ENGINEER'S statement, less 10 percent
of the amount thereof, which 10 percent shall be retained until final payment,
and further less all previous payments and all further sums that may be
retained by the OWNER under the terms of this Agreement. It is understood,
however, that in case the whole work be near to completion and some un-
expected and unusual delay occurs due to no fault or neglect on the part of
the CONTRACTOR, the OWNER may - upon written recommendation of the ENGINEER -
pay a reasonable and equitable portion of the retained percentage to the
CONTRACTCR; or the CONTRACTOR, at the OWNER'S option, may be relieved of
the,obligation to fully complete the work and, thereupon, the CONTRACTOR
shall receive payment of the balance due him under the contract subject only
to the conditions stated under "Final Payment".
5.05 USE OF COMPLETED PORTIONS. The OWNER shall have the right to take
possession of and use any completed or partially completed portions of the
work, notwithstanding the time for completing the entire work of such portions
may not have expired, but such taking possession, and use shall not ue deemed
an acceptance of any work not completed in accordance with the Contract Docu-
ments. If such prior use increases the cost of or delays the work, the CON-
TRACTOR shall be entitled to such extra compensation, or extension of time,
or both, as the ENGINEER may determine.
The CONTRACTOR shall notify the ENGINEER when the contract is "substantially
completed" and the ENGINEER shall forthwith advise the CONTRACTOR in writing
22
9.1-66
of any work undone which in the ENGINEFR'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, whetter of a minor or major nature, and thereby
completing the structure or facility in accordance with the Contract Documents.
5.o6 FINAL COMPLETION AND ACCEPTANCE. Within ten (10) days after the CON-
TRACTOR hPS given the ENGINEER written notice that the work has been completed,
the ENGINEER and the OWNER shall inspect the work and within said time, if the
work be found to be completed in accordance with the Contract Documents, the
ENGINEER shall issue to the OWNER and the CONTRACTOR his Certificate of Comple-
tion, and thereupon it shall be the duty of the OWNER within ten (10) days to
issue a Certificate of Acceptance of the work to the CONTRACTOR, or to advise
the CONTRACTOR of reasons for nor.-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 Com-
pletion shall pay to the CONTRACTOR the balance due the CONTRACTOR under
the terms of this Agreement, provided he has fully performed his contractual
obligations under the terms of this contract; and said payment shall become
due in any event upon said performance by the CONTRACTOR. Neither the Cer-
tificate of Acceptance nor the final payment, nor any provision in the Con-
tract Documents, shall relieve the CONTRACTOR of the obligation for fulfill-
ment of any warranty which may be required in the Special Conditions of the
Specifications.
5.08 PAYMENTS WITHHELD, The OWNER may, on account of subsequently discovered
evidencb, •rithhold or nullify the whole or part of any certificate to such
extent as may be necessary to protect himself from lose 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.
Whan'.the above grounds are removed, or the CONTRACTOR provides a Surety Bond
satisfactory to the OWNER, which will protect the OWNER in the amount with-
.held, bayment shall be made for amounts withheld because of them.
5.99- DELAYED PAYMENTS. Should the OWNER fail to make payment to the CON-
TRACTOR of the sum named in any partial or final statement, when payment is
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dlie, or should the ENGINEER fall to issue any statement on or before the date
above provided, then the OWNER shF.'.1 pay to the CONTRACTOR, in addition to the
suns 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 Euch delay in payment,
but the right is expressly reserved to the CONTRACTOR in the event payments
be not promptly made, as providod under "Partial Payments", at any time there-
after to treat the contract as abandoned by the OWNER and recover compensation,
as provided under "Abandonment of Contract", unless such payments are withheld
in accordance with the provisions of "Payments Withheld".
6. EXTRA WORK AND CLAIW,
6.01 EXTRA WORK. It is agreed that the CONTRACTOR shall perform all Extra
Work under the direction of the ENV[Ea when presented with a written Work
Order signed by the ENGINEER, subject, however, to the right of the CONTRACTOR
to require a written confirmation of such Extra Work Order by the OWNER. It
is also agreed that the compensation to be paid the CONTRACTOR for performing
said Extra Work shall be determined by one or more of the following methods:
Vathod (A) - By agreed unit prices; or
Method (B) ~ By agreed lump sum; or
Method (C) . If neithor Method ,4) nor Method (B) be agreed
upon before the SA;..•a Work is commenced, then
the CONTRACTOR shall be paid the "actual field
cost" of the work, plus fifteen (15%) percent.
In the event said Extra Work be per'fbrmed ed paid for under Method (C),
then the provisions of this paragraph shall apply and the "actual field cost"
Is hereby defined to include the cost to the CONTRACTOR of all workmen; such
as foremen, timekeepers, mechanio,- and ..aborars, and materials, supplies,
teams, trucks. and rentals on machinery and equipment, for the time actually
employed or used on such Extra Work, plus actual trar.zi~ortation charges
necessarily incurred, together with all power, fuel, lubricants, water, and
similar operating expenses, also all necessary incidental expenses incurred
directly on account of such Extra Work, including Social Security, Old Age
Benefits, and other payroll `.axes, and a rateable proportion or 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
ENGINEER. 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 Assoniated General Contractors
of America. Where practicable the terms and prices for the use of machinery
24
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and equipment shall be incorporated in the Written Extra Work Order. The
fifteen (15%) percent of the "actual field cost" to be paid the rONTRACTOR
shall cover and compensate him for his profit, overhead, general superinten-
dence and field office expense, and all other elements of cost and expense
not embraced within the "actual field cost" as herein defined, save that
where the CONTRACTOR'S Camp or Field Office must be maintained solely on
account of such Extra Work; then the cost to maintain and operate the same
shall be included in the "actual field cost".
No claim for Extra Work of any kind will be allowed unless ordered in writing
by tha ENGINEER. In case any orders or instructions, 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 mane written
request to the ENGINEER for written order authorising such Extra Work.
Should a difference of opinion arise as to what does or does not constitute
Extra Work, or as to the payment therefor, and the ENGINEER insists upon its
performance, the CO~,_KACTOR 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 hersinbelow provided.
x-02 TIME OF FILING CLAIMS. It is further agreed by both parties hereto
that all questions of dispute or adjustment presented by the CONTRACTOR shall
bb`in`writing and filed with the ENGINEER within fifteen'(15) days after the
ENGINEER has given any directions, order or instruction to which the CON-
. TRACTOR desires to take exception. The ENGINEER shall, within fifteen (15)
days, reply to such written exceptions by the CONTRACTOR 'and render his final
decision in writing. In case the CONTRACTOR should appeal from the ENGINEER'S
decision, any demand for arbitration shall be filed with the ENGINEER and the
OWNER in writing within 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 :ONTRACTOR of the final
payment shall be a bar to any claims by either party, except where noted other-
wise In the Contract Documents.
6.03 ARBITRATION. All questions of dispute 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 shall he 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 Crninty in which the major portion of
th& project is located, unless otherwise specified. Should the party demanding
arbitration fail to name an arbiter within ten (10) days of the demand, his
right 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
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 wri*ing, the arbiters are empowered by both parties to take
ex parts proceedings.
25
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The arbiters shall act with promptness. The decision of any two shall be '
binding on both parties to the contract. The decision of the arbiters upon
any question submitted to arbitration under this contract ehall be a con-
dition precedent to any right of legal action. The derision 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 sho,ild 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 on
the ,job, but the same, together with any materials and equipment under con-
tract for the work$ may be held for use on the work by the OWNER or the Surety
on the performance and payment bonds, or another contractor in completion of
the work; and the CONTRACTOR shall not receive any rental or credit therefor
(except when used in connection with Extra Work, where credit shall be allowed
as,provide4 for under Section 6, Extra Work and Claims). it being understood
that the use, of such equipment, and materials will ultimately reduce the cost
to comolete the work and be reflected in the final settlement.
,Wlisre there,is,no performance bond provided or in case.tie Surety should
'fail to commence compl%ance with the notice for completion hereinbetore"pro-
V ided,for within ten, (i0),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
machinery, equipment, tools, materials, and supplies as said OWNER may
deem necessary to complete the work and ckarge the expense of such labor,
machinery, equipment, tools, materials, and supplies to said CONTRACTOR,
and expense so charged shall be deducted a.nd 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
L. The OWW, under sealed bids, after five (5) days notice published one
or more, times .in a newspaper having general circulation in the county of the
location of the work, may let ±ie contract for the completion of the work under
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9-1-66
1
substantially the same terms and conditions which are provided in this con-
tract. In case of any increase in cost to the OWNEP. under the new contract
as compared to what would have been the cost under this cortraot, such increase
shall be charged to the CONTRACTOR and the Surety shall be and remain bound
tl.erefor. However, should the cost to complete arty 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,
Wher, the work will have been substantially completed, the CONTRACTOR and his
Surety shall be so notified and Certificates of Completion and Acceptance, as
provided in Paragraph 5.06 hereinabove, 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 OVIER as the case may be,
shall pay the balance due as reflected by said statement, within fi_°teen (15)
drys 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 coat 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 tht- balance shown to be Sue
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, and the CONTRACTOR and/or his Surety fail. to pay the amount due the -
OWNER within the time designated hereinabove, and there remains any machinery,
equipment, tools, materials, or supplies on the site of the work, notice
thereof, together with an itemized list of such equipment and materials,
shall be mailed to the CONTRACTOR and his Surety at the respective addresses
designated in this contract; provided, however, that actual written notice
given in any manner will satisfy this condition. After mailing, or other
giving of such notice, such property shall be held at the risk of the CONTRACTOR
and his Surety subject only to the duty of the OWNER to exercise ordinary care
to protect such property. After fifteen (15) days from the date of said notice,
the OWNER may sell such machinery, equipment, tools, m terials, 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 without 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 othb:- than the CONTRACTOR or his Surety, to their proper
owners. The books on all ope•:ltions provided herein shall be open to the
CONTRACTOR and his Surety.
7,02 ABANDONMENT BY OWNER. In case ti,,- OWNER shall fail to comply with the
terms of this contract, and should fail oe refuse to comply with said terms
within ten (10) days after written notifica`.ion by the CONTRACTOR, then the
XYMACTOR may suspend or wholly abandon the work, and may remove therefrom
all machinery, tools and equipment, and all materials on the site of the work
that have not been ineluded'in payments to the CONTRACTOR and have not been
brought into the work. And thereupon, the ENGINEER shall make an estimate
27
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Lai"_ 11
of the total amount earned by the CONTRACTOR, which estimate shall include
the value of all work actually completed by said CONTRACTOR (at the prices
stated in the attached proposal where unit prices are used), the value of
all partially completed work at a fair and equitable price, and the amount
of all Extra Work performed at the prices agreed upon, or provided for by
the terms of this contract, and a reasonable sum to cover the cost of any
provisions made by the CONTRACTOR to carry the whole work to completion and
which cannot be utilized. The ENGINEER shall then make final statement of
the balance due the CONTRACTOR by deducting from the above estimate all
previous payments by the OWNER, and all other sums that may be retained by
the OWNER under the terms of this Agreement, and shall certify same to the
OWNER, who shall pay to the CONTRACTOR, or. or before thirty (30) days after
the date of the notification by the CONTRACTOR, the balance shown by said
final statement as due the CONTRACTOR under the terms of this Agreement.
END - GENERAL CONDITIONS
2$
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DETAIL SPECIFICATIONS
1. SCOPE OF WORK: The work to be done under this contract consists of
cleaning, repairing and recoating steel water storage tanks all located with-
in the City Limits of Denton.
2. DESCRIPTION OF WORK: A description of the work included in this contract
is as follows:
a. Treatment Plant Clearwell (Interior Only):
(1) Sand blast all interior surfaces to near white metal, priming
blasted areas with epoxy coating the same day they are cleaned.
(2) Apply succeeding coats of epoxy until a dry film thickness of
not less than 12 mils is achieved on all surfaces.
(3) Sterilize the tank by chlorinatione
b. Well Tanku:
(1) Interior Surfaces of Tanks.
(a) Remove foreign matter from all spots where evidence of
severe corrosion or pitting is found.
(b) Repair pits designated by Engineer with arc welding.
(c) Sand blast all interior surfaces to near white metal,
priming blasted areas the same day they are cleaned with
epoxy coating.
(d) Apply succeeding coats of epoxy until a dry film thickness
of not less than 12 mils is achieved.
(e) Sterilize the tanks by chlorination.
(2) Exterior Surface of Tanks:
(a) Clean off all rust, loose paint and other foreign matter
by power wire brushing.
(b) Spot prime all unpainted and cleaned surfaces with red
lead primer.
(c) Paint all primed spots with one coat of metal protective
paint.
29
(d) Paint the entire outer surface of the nk and all appurt-
enances with two coats of metal protec ve paint (color to
be selected by Owner).
c. McKenna Park Standpipe:
(1) Interior Surface Above Normal Water Lines
(a) Remove all rust and foreign matter from roof and structural
members.
(b) Repair all spots designated by Engineer with arc welding.
(c) Sand blast all Interior surfaces above overflow to near
white metal, priming blasted areas the same day they are
cleaned -with- -epoxy.
(d) Apply succeeding coats of epoxy until a dry film thickness
of not less than 10 mile is achieved on all surfaces.
(e) Remove all sand, sludge and other foreign natter from
tank floor and sterili:e the entire tank by chlorination.
(2; Exterior Surfaces:
(a) Remove all existing paint on exterior of tank by blasting
with a commercial sar.d blast.
(b) Prime all surfaces the day they are blasted with metal
protective primer.
(c) Paint two coats of metal protective enamel with the pattern
shown on the attached drawing (exact colors will be selected
by Hiner) over all tank surfaces and appurtenances,
d. Bell Avenue Elevated Tank (Exterior Only):
(1) Remove all foreign matf:er, all loose or scaling paint, all rust
and corrosion, and all other materials except tightly bonded
and evenly spread aluminum paint )by sand blasting or power brushing.
(2) Prime all cleaned surfaces the day they are cleaned with metal
protective primer.
(3) Paint two coats of metal protective enamel with the pattern
shown on the attached drawing (exact colors will be selected by
the Amer) over all tank surfaces including legs, ladder, walk-
way, riser pipe, spider rods and other metal appurtenances.
30
3. PREPARATION OF SURFACES: All surfaces shall be suitably cleaned before
applying paint. All loose scale, loose paint, rust and other foreign matter
shall be removed by sand blasting as specified below. All ir.tertor surfaces
shall be cleaned by sand blasting to near white metal. All rust, scale, sand
and sediment which has collected inside the tank shall be removed and the inside
surfaces swept clean. All exterior surfaces shall be cleaned by commercial
sand blasting or power brushing or specified above.
a. Sand Blasting to Near Write Metal: Sand blasting equipment shall have
ample capacity to furnish the required volume of compressed air to operate the
blast effectively. The air shall be free of oil or moisture. Sand shall be
composed principalLy of silica grains. Immediately prior to painting all sur-
faces shall be wiped or blown free of dust, A near white blast cleaned surface
is defined as one from which all oil, grease, dirt, mill scale, rust, corrosion
products, oxides, paint or other foreign matter have been completely removed
from the surface, except for very light shadows, very slight streaks, or slight
discoloration caused by rust stains, mill scale oxides, or :light tight residues
of paint or costing that may remain. At least 95 percent of each square inch
of the surface area shall be free of all visable residues, and the remainder
shall be limited to the light discoloration mentioned above. Sand blasting shall
conform to the requirements of Steel Structures Painting Council Surface Pre-
paration Specifications "SSPC-SP 10-63T Near White Blast Cleaning"o
b. Commercial Sand Blasting: A Commercial Blast Cleaned Surface Finish
is defined as one from which all oil, grease, dirt, rust scale and foreign
matter have been completely removed from the surface and all rust, mill scale,
and old paint have been completely removed except for slag:+t ahadowa, streaks,
or discolorstions caused by rust stain, mill scale oxides or slight, tight
residues of paint or coating that may remain; if the surface is pitted, slight
residues of rust or paint, may be found in the bottom of pits; at least two-
thirds of each square inch of all visible residues and the remainder shall be
limited to the light discoloration, slight staining or light residues mentioned
above. Sand blasting under this paragraph shall comply with Steel Structures
Painting Council Surface Preparation Specifications "SSPC-SP 6-63 Commercial
Blast Cleaning",
c. Brush Cleaning: All rust, loose mill scale, and loose paint shall be
removed by means of power driven wire brushes and either air or cloth dusters.
Special care shall be used to clean all pits and roughened areas. All foreign
material, rust, and loose paint shall be removed and any old paint which has
been allowed to remain shall have a clean surface and be tight to the steel.
4. COATING MATERIALS:
a. General: Coatings used on this project shall be "best" quality as
manufactured by DuPont, Inertol, or approved equal. Paint shall conform to
the specifications as set forth below. The Contractor shall submit manufacturer's
specifications to the Engineer for approval prior to purchase of coatings.
They shall be delivered to the job in original containers marked with the new
of the manufacturer and the specification number of the coating contained therein.
31
The coatings shall not show excessive settling in a freshly opened full can
and shall be easily redispersed with a paddle to a smooth, homogeneous state.
The coatings shall show no curdlingt livering, caking, or color separation and
shall be free from lumps and skins.
be Red Lead, Linseed 011 Paint: This primer shall conform to Federal
Specification TT-P-86&, Type I, which requires the use of red lead in a linseed
oil vehicle. The coating shall dry for ar least 24 hours before applying sub-
sequent paint.
c. Epoxy Coating: Epoxy coating for tank interior surfaces shall be Inertol
Poxiter or approved equal. The epoxy manufacturer shall certify that the coat-
ing proposed is suitable and safe for use In drinking water reservoirs. Only
thinner specified by the coating manufacturer shall be used. Successive coats
shall be applied within 72 hours of preceding coat. If unavoidable delay causes
greater time lapse between coats, a solvent approved by the manufacturer of the
epoxy coating shall be used to Insure adequate bond.
d. Metal Protective Paint: Paint for exterior surfaces shall be Inertol
Rustarmor, DuPont Dulux, or approved equal. The color shall be factory mixed
and all paint for this project shall be from the sane mixed batch. Exact color
will be chosen by the Owner.
S. COATING WORK:
a. Workmanship: All coatings and finishing materials shall be applied by
skilled workmen and shall bn brushed or sprayed in even thorough coats without
rums, crazing, sage or other blemishes. All coatsp regardless of material,
shall be thoroughly dry before applying succeeding coats. Full drying time as
recommended by the manufacturer of the particular coating involved, shall be
allowed between coats. All products shall be applied in strict accordance with
the manufacturerPs recommendation.
be A its ator: The Contractor shall provide a suitable mechanical agitator
and shall agitate all coatings until proper dispersion of materials is secured.
All ingredients shall be in satisfactorily dispersed condition at the time of
application.
c. Weather Conditions for Coating: Coatings shall not be applied when the
air temperature is below 40 degrees Fahrenheit or when the air is misty, dusty,
or when such conditions are likely to exist before the paint has sufficiently
dried. They shall not be applied to damp or frosty surfaces,
d. First Coat to be Applied Immediately After Surface Preparation: Metal
cleaned on any day shall be coated the same day. If rust forms on any surface,
the surface shall be recleaned before the application of coating,
e. Application of Coating: Interior surfaces may be coated with brushes,
rollers or by spraying. Exterior surfaces shall be coated by brush or roller
only.
32
`s,
(1) Brush Application: Only top quality hog hair or snythetic bristle
brushes shall be used. All coating shall be applied so as to form a uniform
film of a thickness which is consistent with the specified coverage for the
material being used. Sufficient cross brushing shall be used to insure filling
of all surface irregularities and complete coverage. Particular care shall be
used in covering corners and other restricted places to obtain uniform applica-
tion. All final brushing strokes shall be made in the same direction and toward
the previously applied coat.
(2) Spray Application: When coating is applied by spraying, the air
gun used shall be adjustable for regulation of the air and coating mixture. The
equipment shall have a suitable water trap to remove moisture present In the com-
pressed air. Mixing pots shall be equipped with a hand agitator to keep the
coating well mixed. All equipment shall be thoroughly cleaned at the and of
each day's work. The pressure shall be suitable for type of coating used. Fre-
quent checks shall be made to insure maintenance of correct spreading rate, and
to see that edges, corners, and welds are completely covered and that there has
been no film bridging over.
(3) Roll, Application: Rollers used for applying coatings shall be
of the highest quality and must be kept as clean as possible at all times. Any
coating roiled on must form a uniform film and must give the same end results as
a brushed on coat. Rolling shall be supplemented by brushing in areas where
rolling could not give complete coverage, such as corners, edges, etc*
f. Safety Precoutiong: Workmen applying paint to the interior surfaces
shall weer protective musks and all necessary precautions shall be taken to avoid
prolonged exposure to fumes. Fire precautions shall be taken for the solvent
` paint systems,
g. Drying Timst Water shall not be placed back in the tanks until at least
7 days drying time has elapsed after completion of final coat.
6. TANK STERILIZATION: After the specified drying time has passed the tanks
shall be swept clean and washed down with water. The Owner will furnish the
water. Chlorine shall then be injected as the tank is being filled. Sufficient
chlorine shall be applied so that when the tank is completely full, the water
will contain chlorine in the amount of SO ppm or more.
7. CLEAN UP: Upon completion of the project, the premises shall be cleaned up
and left in a neat, presentable condition. All coating splattered on fences,
foundations or other surfaces shall be satisfactorily removed.
8. PAYMENT: Payment for work performed under this Contract will be made on the
basis as not forth in the Proposal. No payment will be made until one phase of
the work has been completed and satisfactorily passed the "final inspection".
The lump sum bid shall include all cost of the work (brush cleaning, priming,
sand blasting, applying coating, clean up, etc.). Payment will be made for the
items included in Phase 1. upon their acceptance. The Phase 2 work will be paid
for upon completion of the entire contract.
• 33
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The unit price bid for welding shall include the furnishing of an arc
welder of sufficient size, operator, fuel, welding rods and any other required
equipmant. The time for payment will include actual welding time and movement
between spots requiring weld only. No separate payment will be made for move-
ment onto the job site or hoisting equipment into tanks.
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PLAN __OF ROOF
' COLOR SCHEDULE
1. All Open Aregs to be
pointed white.
E 2 all Dork Arm to be
f
Pointed Green,
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• 36,9," -
M £KENNA PAR14
ELEVAr10N_ STANDPIPE
:)ENrON TEXAS
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PLAN OF ROOF
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= j COLOR-SCHEDULE
11 All open Areas to be
Pointed White,
2. All Oork Areos to be
• Poilited Moroon,
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BELL AVENUE
EL E VArl oty ELEVATED TANK
OCNron! , TEXAS