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02-1967
~ tl~CD V0# CITY OF DENTON. TEXAS WATERWORKS IMPROVEHEMTS i i SPECIFICATIONS AND CONTRACT DOCUMENTS ?OR s CONTRACT 67-1 - RAW WATER PUMPING UNIT 7 _y r T FEBRUARY 10#67 ~ 1 3 !a r FREESE. NICHOLS AM 0=06 , Consulting Pnginwrs .r k.. J .M~1-MCI. ►•Y.iO. CHANGE OR EXTRA WORK ORDER PROJECT: Raw Water Pumping Unit CONTRACT: No. 67-L OWNER: City of Denton, Texas CONTRACTOR: Eli Myers Pump Sales & Service, Inc. CHANGE ORDER NO. 1 DATE: March 29, 1967 CHANGE OR EXTRA WORK TO BE PERFORMED All column flanges and discharge tee flungc• shall be changed from Class 125 ASA to Class 250 ASA. Net addition to contract amount &hall be $500.00, which amount shall be full compensation for all material and labor involved in making the change. Net (increase) (decrease) in contract amount $500.00 Wised contrail amount $209477.00 .R Net (increase) (decrease) in contract time of completion Revised contract time of completion Recommended by Approved by OWNER FREESE. NICHOLS AND ENDRESS BY B ' DIPWbrf m Approved by CONTRACTOR 2A-Owner bbers PUM Saks & Service IQC, I-Cenlr.e4w I - F,ttiLOf&* B / P f• I-Rew 64. Y 6' :1;? 2. 11 6'..2 Ii1(,!i COAii?ACT b0 3 - HIGH SEIVICE .a)"&A ";,.,.AOLLEa OW W s o be opCned 10:30 A,:•:,, eLru 16, 1967) CO%i?A(',T -2 - NIGH PUN?!\C Paragraph D. notor: IOLor RPM US! Le chan,d to 1200 RPM, a:axi::=. CONTRACT 67-3 - HIGf'ERVI( WOR COO AK" j Paragraph A. Ccnyral: Size or r.:otor controllQr shall bo changod to 500 HP in lieu of 600 HP, Bidders shall acknowledge receipt of this Aduc.ncum in the space provides in the Proposal. FR,ELSE) h1LHOLS AND ESDRESS Consulting Engineers February 3, 1967 WA1F.:rCW:i~.~C_; '1f~ ttpV?~,TrF,+v'T'; S?ECTF1GA.TI,1?6 A'I'I" D,*3(U IE''iTS FOR CONTRACT b7-1 - PAW WATT R r UMP. Xj 11;N :T COWIPRACT 6-7-2 - NIGH ~F kVy.E ;'U P, NG ;l;v'iT CONTRACT 67-3 - HiGR SrRV::CE M'JT !R CONTROLLER (Bids to be opened 10:3G A.M., Feh-•cary 16, 1967% CONTRACT 67-2 - HIGH SERVICE PWITINC 1 NIT- Paragraph C. (2) - FUmp Casings: PA,inp flanges shall be changed from 250 to 125 pound ASA. -Bidders shall acknowledge receipt of this Addend= to the space provided in the Proposal. "REESE, NIChOLS AND ENDRESS Conysiting Engineers Febrsary 13, 1967 fi i f CITY OF DENTON, TEXAS WATERWORKS IMPROVEMENTS SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CONTRACT 61-1 - RAW WATER PUMPING UNIT CONTRACT 67-2 - HIGH SERVICE PUMPING UNIT CONTRACT 67-3 - HIGH SERVICE MOTOR CONTROLLER FEBRUARY 1967 FREESE, NICHOLS AND ENDRESS Consulting Engineers 1 1 TABLE OF CONTENTS PaR© !i NOTICE TO BIDDERS a INFORMATION TO BIDDERS b PROPOSAL f CONTRACT AGREEMENT I PERFORMA14CE BOND 3 PAYMENT BOND 5 GENERAL CONDITIONS OF AGREEMENT 7 DETAIL SPECIFICATIONS CONTRACT 67-1 - RAW WATER PUMPING UNIT Item No. A - Scope 29 B - Pumping Conditions 29 C - Pump Setting 29 D - Pumps 30 E - Motors 31 F - Marking 32 G - Shop Painting 32 H - Factory Tests of Pumping Unit 32 I - Assembly Prior to Shipment 33 J - Installation of Pumping Unit 33 K - Acceptance Test 34 L - Information to be Submitted with Bid 34 M - Guarantee 35 N - Comparison of Bids 35 0 - Failure to Meet Efficiency Guarantee 36 P - Erection Engineer 36 Q - Payment 36 CONTRACT 67-2 - HIGH SERVICE PUMPING UNIT Itez No. A - Scope 37 B - Pumping Conditions 37 C - Pumps 37 D - Motor 39 E - Marking 40 F - Shop Painting 40 G - Factory Tests of Pumping Unit 40 H - Information to be Supplied with Air. 41 I - Comparison of Bids 42 J - Failure to Meet Guarantee 42 K - Erection Engineer 43 L - Payments 43 i Table if Contents - Cont'd PdQA CONTRAr* V-3 - HIGH SERVICE MOTOR CONTROLLER Item No. A - Cenaral 44 8 - Standards 44 C - Construction 44 D - Components 45 E - Operating Functions of Starter 46 F - Erection Engineer 46 G - Payments 46 DRAWINGS No. 1 - Raw Water Pump Installation No. 2 - High Service Pump Controller Schematic r NOTICE TO BIDDERS Sealed proposals addressed to Jack Reynolds, City Manager of the City of Denton, Texas will be received at the office of the City Manager in the City Hall until: 10:30 A.M.,February 1,62 1967 for the furnishing and delivery of the following Items: Contract No. 67-1 - Raw Water Pumping Unit Contract No. 67-2 - High Service Pumping Unit Contract No. 67-3 - High Service Motor Controller At this time and place the proposals will be publicly opened and read aloud. Any bid received after closing time will be returned unopened. Copies of plans, specificutionss and Contract Documents are on V.le and may be examined without charge In the office of the Director of Public Works. Copies may be procured from Freese, Nichols and Endress, Consulting Engineers, 508 Throckmorton Street, Fort Worth, Texas, upon a deposit of $15.00 as a guarantee of the safe return of the Contract Documents. The full amount of this deposit will be returned to each bidder upon return of the documents in good condition, providing the documents are returned within ten (10) days after the opening of bids. No refund on Contract Documents will be obligator; after the period of ten (10) days. A cashier's check, certified check or acceptable bidder's bond, payable to the City of Denton, Texas in an amount not less than five (5X) percent of the bid submitted, must accompany each bid as a guarantee that, if awarded the contract, the Bidder will, within ten (10) days of award of the contract, enter into a contract and execute bonds on the forms provided in the Contract Documents. A Performance Bond a Payment Bond, each In an amoutt of not less than one hundred (100X) percent 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. In case of 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 or all bids, and waive formalities. No bid may be withdrawn within thirty (30) days after date on which bids are opened. CITY OF DENTON, TEXAS Jack Reynolds, City Manager a INFORMATION M nIDDERS 1, WORK " 0 BE DONE as Contract b7-1: The work involved In this contract consists of furnish. ing and instc1ling a 5,500 CPy vertical turbine type pumping unit, complete with electric motor, as specified herein. Motor starting equipment, connceting piping, electrical wiring, etc., will be furnished and installed by others. b. Contract 67-2: The work involved in this contract consists of furnish- ing and delivering a 6,1-00 GPM horizontal, centrifugal pu,uping unit, complete w.th electric lnotoL, as specified hereir.. Motor starter, installation, curnect- ing piping, electrical wiring, etc., will be separate contract. e. Contract 67-3: The work involved in this con:raet consists of furnishing and delivering the electrical starting equipment for the horizontal pumping unit (4':ontract 67-2), as specified herein. Installation of the motor starter will be by separate contract. 2. QUALIFICATION OF BIDDER No equipment shall be offered from any manufacturer not regularly engaged lit the production of equipment of the site and character herein specified. Bidder must have installed and had in satisfactory operation for a period of ;uit less than five years, at least one unit of size coaparrble to the unit specified. 3. BID FORM Bids shall be made on the blank form attached and the complete documents and plans returned with the bid. Bids not so made will be considered out of form. 4. BID SECURITY Each proposal must be accompanied by a cashier's check or accaptable bid bond in an amount equal to at least five (57.) percent of the amount bid a'a a guarantee that, if awarded a contract, the Bidder will execute tha contract within ten (10) days and furnish a performance bond of one hundred (1007.) percent of the contract amount. 5. BONDS With the execution and delivery of the Contract Documents, the Contractor shall furnish a performance bond and a payment bond, each in the full amount of the contract, 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 b • United States of America. ""c bhail bl_ arr;.ngcd to extend for a period of one (1) ycar beyond tic date of written acceptance of the work by the Owner, to guarantee thu repair and replaciLment of defoctive materials which may develop during this period. 6. MATERIAL A.ND WORiDIANSHIP Material used in the manufacture of equipment offered shall be high grade and quality throughout and shall be entirely suitable for the purpose intended. Workmanship shall be in accordance with high grade manufacturing practice covering the type of equipment. Construction and design shall be in full accordance with modern practice. All parts shall be readily accessible and like pr.rts shall to interchangeable. Only new equipment will be acceptable and any 2roposal for furnishing used or rebuilt equipment will be rejected. 7, OPTIONAL EQUIPMENT If equipment differing from that specified is submitted, the bidder shall clearly state such differences; however, all essential requirements of the specifications shall be strictly adhered to. If the equipment offered under this provision is, in the opinion of the Engineer, equal to or better than that specified, it will be given consideration, Where a statement of such departure is not made, it will be understood that equipment in strict accordance with the specifications is being offered. 8. INFORMATION _TO BE SUPPLIED WITH BID • didd•,rs shall submit with the bid complete information covering equipment offered as set out in the Detail Specifications. 9. (WARD OF CONTRACT 'The Owner reserves the right to make the award of contract in a manner most advantageous to the Owner. The Owner may give consideration to the "Time of Completion" and to the "Guaranteed Efficiencies". 10. INTERPRETATION OF QUOTED PRICES In case of a difference between the written words and the figures in a proposal, the amount stated in written words will be considered as the bid. 11. INTERPRETATION OF SPECIFICATIONS Any question as to the meaning of any specification will be answered by Addendum which will be sent to all who have been furnished with the plans and specifications, 120 TIME OF COMPLETION The City desires that equipment be delivered at the earliest possible time and consideration will be given in award of the contract to the delivery dates bid. Bidders shall indicate the time for delivery in the space provided in the Proposal. C In the event the Contractor fails to complete the project within the time set forth in the Proposal, the Owner may withhold money permanently from the I paymeits to the Contractor in accordance with Paragraph 4.04, page 21 of the tf General Conditions of Agreement. 13. PAYMENT Payment will be made as set forth in the Detail Specifications and the General Conditions of the Agreement. 14. SALES TAX The City of Denton qualifies as an exempt agency under Article 20.04 of the Limited Sales, Excise, and Use Tax in the State of Texas. It is not required that any state sales taxes be paid on any materials incorporated into the com- pleted project; however, materials which are used or consumed in performance of the work and which do not become o part of the completed project are not exempt and are subject to sales taxes. The City will furnish the Contractor an exemption certificate for materials to be incorporated into the project, which certificate also shall be made avail- able by the Contractor to his sub-contractors. The Contractor shall obtain the necessary permit or permits from the Stat• Comptroller of Public Accounts allowing the purchase of materials for incorporation into the project without payment of sales taxes at the time of purchase and shall require his sub-con- tractors to obtain such permits. 13. SHOP DRAWINGS As soon as p.,ssible after execution of the contract for the equipment, the Contractor shall furnish to the Owner for approval, six (6) sets of _foundation, erection, electrical schematics, and other pertinent shop drawings. 169 PACKING FOR SHIPMENT The equipment under these specifications shall be shipped in such a manner as to Insure arrival at destination in an undamaged condition and shall be acceptable to the freight agent in compliance with the current issue of the Consolidated Freight Classification. All equipment and parts shall be suitably protected to insure against breakage or damage in transit. 17. DELIVERY POINT AND UNWADING Equipment shall be delivered f.o.b. care for carload shipments or f.o.b, freight depot for less than carload shipment at Denton, Texas, or may be delivered f.o.b. Denton, Texas Water Treatment Plant. The City with Its own forces, or by contract with others, will unload, transport, and install all equipment except Raw Water Pumping Unlt, and will be d responsible for any damages due to such unloading, transporting and installing. The Contractor furnishing the equipment shall be responsiblc for the proper functioning of installed equipment as set out in the detailed specifications and at,all furnish the service of an erection engineer as specified. Contract 61-1, Raw wacer Pumping Unit, includes pump installation and will not be handled by the City. END OF INFORMATIOU 10 BIDDERS e e PROPOSAL beaten, Texas February 16 , 1967 PROPOSAL OF Eli Myers Pump Sales and Service Inc. A Corporation organised and existing under the laws of the State of Texas a partnership consisting of the business name of , an individual. TO: Mr. Jack Reynolds City Manager Denton, Tcxab PROPOSAL FORT Contract 67-1 - Raw Water Pumping Unit Contract 67-2 - High Service Pumping Unit Contract 67-3 - High Service Motor Controller The undersigned Bidder, pursuant to the foregoing Notice to Fidders, has caref!►lly examined the Instructions to BidLers, this Proposal, the form of Contracc lgLnt- ment and of Bonds, the General Conditions of the Agreement, thq Specifir'tio<<:, and the Plana, and will provide all necessary labor, superintendenco, s"chinery, equipment, tools, materials, zervices, and other facilities to complete fully all the work as provided in the Contract Documents; and binds himself upon formal acceptance of his Proposal to uxecute a contract and bonds, according to the prescribed forms, for the follot.,ing prices, to-wit: Item a No. Description (Price in Words) Amount (Fiuu.ea) Contract 67-1 - Raw Water PumninA Unit 11 For the furnishing and installing of one (1) vertical type pumping unit having a capacity of 50500 GPM at 345 feet totpl head, with an overall efficiency of 77 tot? l the lump sum of Nineteen Thousand Nine Hundred Seventy Seven Dollars $_19r'1:17740 i f r I tom No. Description (Price in Words) Amount (Figures) Contract 67-2 = High Service PumninA )nit 2. For the furnishing and delivering of one (1) horisontal, centrifugal, pumping unit, having a capacity of 69400 GPM at 250 feet total head, with an overall efficiency of the lump sum of Dollars $ No Bic! Contract 67-3 - High Service E,%tor Controller 3. For the furnishing and delivering of motor controller as specified for high service pumping unit, the lump sum of Dollars $ No Bid The undersigned hereby declares he has carefully ext.mined t a Contract Documents relating to the work covered by the above bid. The undersigned further declareu that he will provide all necessary tools and apparatus; do all the work and furnish all of the materials and do everything required to carry out the above mentioned work covered by this Proposal in strict accordance with the Contract Documents, and the requirements pertaining thereto, for the sums set forth above. The undersigned agrees to commence wtrk within top (10) days after written notice to commence work, and to substantially complete the work on which he has bid in accordance with the schedule below as provided in Section 4 of the General Conditions of Agreement. Contract 67-1 - Raw Water Pumping Unit 125 Calendar Dsys Contract 67-2 - high Service Pumping Unit Calendar Days Contract 67-3 - High Service Motor Controller Calendar Days In the event the Contract Agreement and bends are not executed within the time above set forth, the attached bid security in the amount of Five (5%) of amount bid. It to become the property of the Owner as liquidated damages for the delay and additional work caused thereby. I 9 j" . Receipt is acknowledged of the following addenda: Addendum No. 1 February 3, 1967 Addendum No. 2 7ebruary 13, 1967 Addendum No. 3 Respectfully submitted, Eli layers Pump Sales and Service Inc. By El.i i•2yers Prosident Title 5306 Harry Hines Blvd. Da11_as 35, Texas Address (SEAL) If Bidder is.s Corporation NOTE: Do not detach bid forms from other papers. Fill in With ink and submit complete with attached papers@ h ELI MYERS TuMp Jafe& anti JISVIed, 9,16. 5306 Harry Hine blvd. Telephone MElreso 1.9635 DALLAS 35, TEXAS February 279 1967 Freese Nichols and Endresss Consulting Engineers 508 Throckmorton Street Fort Worths Texas Attn: Mr. Copeland Subj: City of Denton, Texas Contract 67-1 Raw Water Pumping Unit Gentlemens Supplementary to our letter of 2-25-167 and confirming telephone conversation today we will furnish 16" A.P.I. Grade 4-40 Column having a wall thickness of .375 per your request, although our data turned in with bid khowed .312 wall. There will not be any addition to base bid for this requirement since it was an oversight by pump manufacturer in specifica- tion requirement. We have consulted with pump factory by phone today concerning the 2 3/16" Dia AISI Grade C-1045 lineshaft we propose to furnish. This shafting will have a minimum ultimate tensile strength of 100,000 P.S.I. in accordance with .'-WA-A101-60 the same as B-58.1-1961. ASA Booklet B 58.1-61 allows the maximum combined shear stress to be 18% of the ultimate tensile strength of the shafting steel used. As shown on our bid sheets the maximum combined shear stress is only 12.63% of the 100s000 PSI ultimate strength of the steel shafting proposed; therefore the maximum combined shear stress does not exceed 30% of elastic limits in tension nor is more than 18% of ultimate tensile strength of shafting used. The yet unpublished 1967 ASTM book of standards will without a doubt show C-1045 steel shafting now being manufactured with a minimum ultimate strength of 1000000 PSI rather than the 670000 PSI previously shown. We will be happy to have the steel mill'furnish you with certified mill test reports verifying the n<_nfrm;m 100,000 PSI steel shafting. Please tali 'upon us if further service or data is required. Yours very trulys Eli Myers 7.Ump Sales 6 Services Inc. BM:WA 91 Myers FE6 Z l~n-u/ FREESE, h+C:iu1;, & Ei~~1NESS ELI MYERS cpw"A anti. and a..vr dd, 5306 Harry Hint blvd. Telephone Mflrove 1.9635 DALLAS 35, TEXAS February 16, 19b; City of Denton, Texas Attention: Hr. Jack Reynolds, City Mgr. Subj: Contract 67 - 1 Raw Water Pumping Unit Gentlemen: We are pleased to submit bid on subject contract on pumping equipment as manufactured by Layne & Bowler Pump Co. of Los Angeles, California. This is the sarre company who manufac- tured the original three units of your raw water plant now in services and on which we made the original installation in 1957. We propose to test the completely assembled Five Stage Pump Bowl in accordance with A W W A pamplat 8 101 - 1961• (B 58.1-- 1961 Specs.) section A 6.9 Large Pump Test. This in affect will most likely be at 1170 R.P.M. rather than at 1780 R.P.H. per Specs but appears to be an accepted method. Further exception to specifications is for Motor Maciufacturer to test the motor according to A I E E publication 500 A S A specification C S 0 2 0 This is a$ 570.00 item which is included in our bid price. We further propose to furnish as an alternate a U S 600 H.P. Motor of same design character- istics as the U S 700 H.P. quoted on our base bids As our data shows, we are within the five percent overload condition allowed (2 fix) and this only at shut off-head which is of short duration. Should you allow use of a 600 H.P. Motor you may deduct from our base bid $ 450.00 Tha1,R you for consideration of our bid and we would be p14a1ed to again be of 44rvice to you. Yours Respectfully, Eli Myers Pump Sales & Service, Inc. Eli Myares reside r CITY OF DENTON, TEXAS • CONTRACT 67-1 )SAW WATER PUKING UNIT 'OUR L-27-2 (1) Make and type of pump. Layne 6 Bowler Pump Company 1611FHH Vertical Turbine (2) Number of Stages in bowl assembly. 5 Stages (3) Diameter and wall thickness of discharge column. 16" O.D, .312" Wall Thickness (4) Diameter of lineshaft. 2-3/1 G" (5) Diameter and width of-impeller. 12.790" (6) Maximum diameter impeller for bowl furnished. 13.250" (7)' Diameter of discharge flange. 16"-150! 23-1/2" diameter (8) SAE Grade of steel for lineshaft. Grade 1045 (9) Axial thrust of lineshaft (F) in pounds. 14,7901 (10) Combined shear stress (PT) of lineshaft in pounds per square inch. 12,670 PSI (11) Friction lose in discharge column at rated capacity. (5500 GPM) in Feet per 100 Feet of column. 2.71/100 Feet (12) Velocity in discharge column at rated capacity. 10.1 Ft./Sec. (13), Shutoff head of pump. 710 Feet (14) Maximum horsepower requirement of pump. 613.8 HP at shutoff. 578.4 HP through pumping range (15) Horsepower requirements of lineshaft - HP per 100 Feet of shaft 20 HP bearing friction loss per 100 Feet of shaft (16) Total maximum horsepower requirements of pumping unit at the point of connection to motor. 611.1 HP at shutoff. 576.1 HP through pumping range. ELI MYERS pump Was and Service !ne . • CITY OF DENTON$ TEXAS - 2 - RAW WATER PIMPING UNIT CONTRACT 67-1 OUR L-27-2 (17) Net positive auction head required. 23.Feet at condition point (18) Make and type letter of motor. U.S. Electrical Motor Type HU (19) Speed - RPM. 1780 RPM (20) Brake horsepower of motor a 40 d gree C rise. 600 BHP = 70011P Of 60 eQ y1'ee c fei S e- '(21) Type of motor bearings. Spherical Roller (22) Maximum Starter current in percent of full normal load. 1060 Amps (23) Motor efficiency at full load.-G 93.5% (24) Motor efficiency at 3/4 load. QQ ~P - q0 , .Z w 93.2% (25) Method of insulating and impregnating motor toile. , Everseal - Epoxy tape system WEIGHTS (26) Weight of complete unit. ` 7001110 9238/ less motor 1501180 total - (27) Weight of bowl aasembly. 16250 (28) Weight of pump base. Approx. 12000 (29) Weight of discharge column per 10-foot section. Approx. 10500 (30) Weight of motor. 58800 COMPLETE PUMP UNIT (31) Overall efficiency of design conditions. i.t~irh ~DOCI~'1'YJo1oi* 77 D 77.6% DVP Layne 6 Bowler Pump Compauy ELI M Y ER S 2/10/67 PUMP Salcs and Scso2es/&C, RWBsrl 0306 Harry Hines Blvd. OAL 5. TEXAS ~r"hooLi"a CLOSE• COUPLED PUMP ENCLOSED LINESHAFT CONSTRUCTION 4-1 HOLES ON-15-13-C. SUB SURFACE DISCHARGE HEAD t rr -7-9- U~H.P V.H.S. ELECTRIC MOTOR 38 DIA. 177-5 RPM (Ag CYCLE 3 PHASE 430 .V. _STAGE _1601 ~y BOWLS ALfE7ZNArE SQ. BASE Jr'QO GPM-3-4¢-:5- FT, PER CURVE M ' I 25 _ .DRIVER PEDESTAL 401 01SCHAR0E - TEE DISCHARGE FLANGE- /50 LP,. A.S.A. i 3 • MI D. OPE to g' g11 31 /Z, ENCL. os/NG 1"dSE -/6., COLUMN PIPE fL r c"6A_ _ _ SHAF T I N G ' MAX. O.D. BOWL ASSEMBLY 5UCTION~~4ELL_.LvlQ11YfLrllrr~ ELI MYERS . Pump Sales and Servioc /PC 707 " LAYNE _ a BOWLER PUMP C0 PROPOSAL FOR.-C1lY-l-_I3f~ll~nl,~~XAS_. MINIMUM SUBMERGENCE - ?5CLAW-4 eJA6:5 W/2~ !0" SPEC. COlsl6912C Cal=L~ITEM. N~1 CERTIFIED- if A 14 A ' CURV; NO. LP- 7-2 A 1 P1G111 ii pY, Rr1S - -DATE z- /n om!' , " • ~ • • _ _ ~ t _ ~ l CL L.._ PO FORmANCE f r ,t'I~µp~ r 1 _ ,a Ilo-FNf~- CEkTfFlfl) BY:_-.------DATE STAGE---- 1.... _Z780 ----R, P.m FOP :I,•r ; :f. ''•li`~il H,i 1+1: 'i;:1;~11 111: f ' f 1 '•F: 11 I Ilil :14 { l: 1'II r' ~ I Cl rY O tEXn Yet .::inrr. r~:~ if'~~{r 11lG Urtf . i 1: I '11 1 I' 1111 '1111 • H•1 I! Jv ~r.. - ooot P1 .1 n ' 1.:1';1 1 i '11 Tl,.• ,I;i I• ! !'1! 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I 1 n• M11".4 tit. + •I 1 N I I , I I 1• l• 1 ~1} M14.Hit I 'is:t ;t CiC?::..:r I it 1 CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF Denton Q THIS AGREEMENT, made and entered into this 16 day of March A,D., 19 67 by and between „ The City of Denton, Texas of the County of Denton and State of Texas, acting through its Mayor thereunto duly autaorized so to do, Party of the First Part, hereinafter termed the OWNER. and I Eli Meyers P=p Sales and Service, Ino. of the City of Dallas County of Dallas and State of Texas Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agree- ments hereinafter mentioned, to be made and performed by the Party of the First Part (OWNER), and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: Furnish and install one (1) 5500 GPM, 700 horsepower, vertical turbine raw water pumping unit, - Contract 67-1 and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement; and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders 1 9-i-66 } r (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefor, as prepared by FREESE, NICHOLS AND ENDRESS, herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR wd the ENGINEER, all of which are made a part hereof and collectively evidence and constitute the entire Contract. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in a written notice to comrrenco work and to substantially complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices eljown in the Proposal, which forms a part of this Contract, such .payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. ATTEST: City of Denton, Texas 7 BY, aV6-~ 2f Party of the First Part, OWNER k Warren Whitson Mayor Title (SEAL) ATTL~9T~ nr~czLZ Eli Dyers Pump Sales and Service, Inc. i---C Party of the Second Part, COP.'TRACTOR ' Hy Eli Myers, Pre dent Title (SEAL) UAM II. BARTER XY AUORM 2 9-1-66 PERFORMANCE BOND STATE OF TEXAS COUNTY OF Denton KNOW ALL MEN BY THESE PRESENTS: That Eli Myors Pump Sales and Service, Inc. ,of the City of Dallas County of Dallas and State of Texas as PRINCIPAL, and Gulf Insurance Company as SURETY, authorised under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the City of Denton, Texas as OWNER, in the penal sum of Nineteen Thousand Nine Hundred Seventy Seven Dollars 199977,00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severe :ly, by these presents : WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the lb day of March 19_62for the furnished and installing of one (1) 540_GPM9 700 horsepower, vertical turbine raw water pump ng u - on rao - which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW9 THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faitr&_`ull;, perform said Contract and shall in all respects duly and faithfully obLerve 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 aid performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall `)e void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the i 3 9-i-Gb provisions of Article 5160 of the Revised Civil Statutes of Toxas as amended by acts of the 56th Legislature, Regular Session, 1959, aryl 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 horein. PROVIDED FURTHER, that if any legal action be filod upon this bond, venue shall lie in Denton County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed there- under. IN WITNFSS WPMMF, thQ said Principal and Surety have sign and sealed this instrument this 16 day of March 1917 , El Myers Puma Sales & Service, Inc. Gulf I ante C Principal re By - BROWN DAN Title Eli Myers, Prestdent Title ATTORNEY-IN•FACT Address5306 Harry Hines Blvd. Address T-O Dallas 330 Texas (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: i Note: Date of Bond must not be prior to date of Contract. y 4 9-1-66 POWER TTOPNEY CA KNOW ALL MEN BY THESE PRESENTS: That ,Ii',IIIt~tiCx. '11 XA', corporation of the State of Texas, hereinafter called Company, does hereby appoint its true and lawful Attorney~in-fact to make, execute, seal and deliver on its behalf, as surety, Mir ' 0 I inr; wili -le i,o c I c The execution of such bonds or undertakings in pursuance of these presents shell be as binding upon the Company as if they had been executed and acknowledged by the regularly elected officers of the Company. This Power of Attorney is issued pursuant to and by authority of the following resolution of the Board of Directors of the Company, adopted effec! s September 29, 1961, and now in full fora and effect: "Romah that the president or any Vice Resident or any secretary mq appoint Attorneys-in-fact In any Nate, Territory or Federal olsMd to represent this company mod to ad on Its behalf within the saps of the authority granted to them In writing, which authunry may Include the power to make, aacuta seat and deliver ere behalf of this Company as surety, and as its me. and deed any and an bands and undertakings of suretyship and other documents that tM ordinary away of surety business may require. lndudina euthorky to appoint agents for the service of process In any prisdidlon, site or Federal and tuthalty to stied to the signature of the haldrt or any Vice Resident or any Secretary and to verify an affidavit or other statement relating to the forageing, and to certify to a copy of any of tM by.taws of the Company and to any rasotutbns adopted by Its Board of Directors: and any such Attorney in-fact may be removed and the eutborky granted Mm revoked by the Resident or say 1Aa president at any Secretary or by the Board of olradors." In teitness whereof, the Compsay has caused this Power of Attorney to be signed and its corporate Sol to be affixed by Its Bufhorired officer t* I ~i, V r day of 1, c r 19 z Attest: 1 GEC14,F t By I AU ~DLU ISM STATE Of T}.a COt1NT1' Of DA L i : A C # U, on this u 31M day of C' C5.1 u. F r.': 19; More ma, a Notary Public of the State and County %f raid, residing tha tip, duly eommisdooed and sworn, personally came the above named officer of the Company, who being by me first duly sworn according to aw, did depose and may that he Is that officer of the Company described in and which executed the foregoing Instrument: that he knee the seal of the Company, that the sad WA9d to tucb i almmeaa Is the corporate seat of the Company: and Mat the corporate seal end his signature as such (deter ware affixed and subscribed to the mid Instru• omit tY the authority and direction of the Company. W U Ibtaty )T,; pubk tdy ca.daloa segues the day of t j CERTIFICATE 1. the tandersigned, do Mreby certify that the original Power of Attorney of which the foregoing is a true lMd Correct CON Is in full force and effect, and the foregoing resolution Is a We and correct transcript from the records of the C-0trpany, and MO tM abow named dkof was on the date of exacuft of the foregoing Poway of Attorney suftriled to execute ergs F. N of AUosray. In witness whereof, I haw hereunto subscribed fray tame and affixed the corporate sal of the Company t Os Z;( /G ~ day of M 13fA11 / ty Ir,Iil. j~r'J~' C 1, ?'1RY r.. ro stn a en PAYYENT BOND STATE OF TEXAS COUNTY OF. Penton 4 KNOW ALL MEN P.Y THESE PRESENTS: That `Eli Myers Pump Sales and Service Company , of %,he City of Dallas , County of Dallas and State of Texas , as PRINCIPAL, and Gulf Insurance Company as SURE'T'Y, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound anto the City of Denton, Texas , as OWNER, in the penal sum of Nineteen Thousand Nine Hundred Sevonty Seven Dollars 19,977.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and a-signs, jointly and severall,,% by these presents. TMMAt;, the Principal has entered into a certain written contract with the Owner, dated the 16 day of March 19_~2_, for the furnishing and installing of one (1)_55x0 GPM, 700 horsepower, vertical trubir.a raw water pumping unit - Contract 67-1. , 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 01? THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a sibcontractor in the prosecution of the work provided for in said contract, ' than this obligation shall be void; otherwise to rer^ain 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 liejn Denton County, State of Texas. 5 9_1-66 1 t' Surety for value received, stipulatas and agroec that no change, ex- tension of time, alteration or addition to the terns of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this borr3, arA 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 Principal and Surety have signed and seated this iAstrument this 16 day of March lg 67 Eli Myers Pump Sales & Service Co. Gulf Insur nce Company_ Principal Surety By 8Y ' I Title Eli My re. President Title ATTORNEY4N-FACT JO~OFW~.*, 7-~4 Address 5306 Harry Hine Blvd. _ Address /J 2AVIf Dallas 35t Texas SEAL SEAL The name and address of the Resident Agent of Surety is: Note: Date of Bond must not be prior to date )f Contract. 6 GENERAL CONDITIONS OF AGREEMENT 1. DEFINITIONS OF TERMS 1.01 OVFR,, CUiITRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and the FNGINP.FR are those mentioned as such in the Agreement. They are treated throughol:t. 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 (WNER 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 Conditions of the Agreement, Technical Specifications, Plans, and all modi- fications thereof incorporated in any of the documents before the execution of the agreement. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. In the event of a conflict in the Contract Documents, the CONTRACTOR shall call the conflict to the ENGINEER'S attention in writing and he shall decide the e~aflict in writing, and the E% INEER'S decision shall be binding. 1.03 SUB-C011?RACTOR. The term Slab-contractor, as employed herein, includes only those having a direct contract with the CONURACTOR. 1.04 WRITTEN NOTICE. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whon it is intended, or if delivered at or sent by registered mail to the last business address known to him who gives the notice. 1.05 WORK. Unless otherwise stipulated, the CONTRACTOR shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation, and other facilities and services necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality, The CONTRACTOR shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. 1,06 WORKIJi DAY. A ''Working Daly" is defir.3d as any day not including Saturdays, Sundays or any legal holidays, in which weather will permit con- struction of the principal units of the work for a period of not less than seven (7) hours between ?:00 a.m. and 6:00 p.m. .7 9-1-66 1.07 CALEPDiV DAY. F. "CaLendar Day" is any day of the week or month, no days being exoeptr•i. 1.08 WORK WEF;K. Thc. "Wort': Week" Shall consist of a period of seven (7) successive calerid;c to begin and end as specified by the CONTRACTOR. 1.09 SUBSTAN'_TAi,i j C016'1E 1ED. By the term "Sibstantially Comploted" is meant that the stn,;ci.vre or facility has been made suitable for +rse and all construct.ionj;rjmpleted except for minor repairs or miscellaneous work, which while in progress will not intorfere with the OWNER'S use and occu- pancy of the ,;tricture or facility. 2. CONTROL OF WORK 2.01 LINES AND GRADES. Unless otherwise specified, all lines and grades shall be furrsished 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 ENGINEM ample novice of the time and place where lines and grades will be needed. All :.Likes, marks, etc., shall be carefully preserved by the CONTRACTOR, and in case of careless destruction or removal by him or his employees, such stakoa, marks, etc., shall be replaced at the CONTRACTOR'S expense. 2.02 ENGINEF11S AUTHORITY AND DUTY. The ENGINEER shall have the right of supervision of the work, to the limited extent hereinafter mentioned, for the purpose of seeing that the improvements are constructed in conformity with the contract. It is understood and agreed, however, that the ENGINEER'S supervision is for the sole purpose of seeing that the improvements are constructed in accordance with the contract, to the end that the OWNER upon completion will have improvements conforming to the plans, specifi- cations and other contract documents. The ENGINEER Is the ENGINEER of the OWNER, as aforesaid, and all supervision and other duties of the ENGINEER under this contract are for the sole benef it of the OWNER, the parties hereby expressly negating any intent that these provisions shall inure to the benefit of anyone not a party to this agreement. The CONTRACTOR is and shall remain an independent contractor, solely responsible for the manner and method of accomplishing his work hereunder, and the safety of himself, his employees acid other persons by reason of his operations here- under. The F,1111EER'S authority in this regard shall be limited to a tight of veto with respect to method-- which in the ENGINEER'S opinion would prevent the completed improvements conforming to the contract. The ENGINEER shall have the author.ty to stop the work wherever such stoppage may be necessary to ins~zre the proper execution of the contract. In order to prevent delays and dislrites and to discourage litigation, it is further agreed that the ENGINEER shall in all cases determine the amounts and quantities of the several kinds of work which are to be paid 8 9-1-66 f for under this contract. He shall determine all questions in relation to said work and the ccnstruetion thereof, and shall in all cases decide every question which may arise relative to the execution of this contract on the part of said CONTRACTOR. The MINRER'S estimator and findings shall be the conditions precedent to the right of the partir,s hereto to arbitra- tion or to any act 'ton 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 Ihtent of this contract, either party may file with said ENGIITEFR 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. 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 ENGINEER fail to make sul-h decision within a reasonable time, an appeal to arbitration may be taken as if his decision has been rendered against the party appealing. Whenever the words "directed". "required", "permitted", "designated", "considered necessary", "prescribed", or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription, of the ENGINEER is intended; and similarly, the words "approval", "acceptable", "satisfactory", or words of like import shall mean approved by or acceptable or satisfactory to the ENGINEER. 2.03 SUPERINTENDENCE AND INSPECTION. It is agreed by the CONTRACTOR that the ENGINEER shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors or inspectors as the said ENGINEER may deem proper to inspect the material furnished and the work done under this agreement, and to see that the said material is furnished and said work is done in accordance with the specification therefor. The CONTRACTOR shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examina- tion of the work. The rulings and decisions of any such subordinate engineers, supervisors or inspectors so appointed, when consistent with the obligations of this agreement and the accompanying plans and specifications, shall have the same force and effect as rulings and decisions of the ENGINEER hereunder; provided, however, should the CONTRACTOR. object to any ruling or decision by such subordinate engineer, supervisor or inspector, the CONTRACTOR may within six (6) days make written appeal to the ENGINEER for his decision. 9 9-1-66 2.04 CONTRACTOR'S DUTY AND SUPER IMOEPDENCE. The CONTRACTOR shall give per- sonal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistant, all satisfactory to the ENGINFFJ?. The 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 not adversely affect the completed improvements, and solely responsible for the safety of himself, his em- ployees and other persons, as well as the safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. The CONTRACTOR is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements, the OWNER and ENGINEER being interested only in the result obtained and conformity of such completed improvements to the plans, specifications and contract. Likewise, the CONTRACTOR shall be solely responsible for the safety of himself, his employees and other persons, as well as the safety of the improvements being erected and the property of himself or any other person, as a result of his operations here- under. Engineering construction drawings and specifications, as well as any additional information concerning the work to be performed passing from or through the OWNER or ENGINEER, shall not be interpreted as requiring or allowing CONTRACTOR to deviate from the plans and specifications, the intent of such drawings, specifications and any other such instructions being to define with particularity the agreement of the parties as to the work the CONTRACTOR is to perform. CONTRACTOR shall be fully and completely liable, at his own expense, for design, construction, installation and use, or non-use, of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, tracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or deices used by him during construction. Any review of work in process, or any visit or observation during construction, or any clarification of plans and specifications, by the OWNER or ENGINEER, or any agent, employee or representative of either of them, whether through personal observation on the project site or by means of approval of shop drawings for temporary construction or construction processes, or by any other means or method, is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature of work completed or being performed, as measured against the drawings and specifications constituting the contract, or for the purpose of enabling, CONTRACTOR to more fully understand the plans and specifications so that the completed construction work will conform thereto, and shall in no way relieve the CONTRACTOR from full and comolete responsibility for the proper performance of his work on the project, including but without limitation the propriety 10 9-i-66 of means and methods of the CONTRACTOR in performing said contract, and the adequacy of any designs, plans or other facLlities for accomplishing such performance. Deviation i)y the CONTRACTOR from plans or specifications that may have been in evidence d,►ring any such visitation or observation by the OWNER or ENGINEER, or any representative of either of them, whether called to the CONTRACTOR'S attention or not, shall in no way rf)lieve CONTRACTOR from his responsibility to complete all work in accordance with said plans and specifications. 2.05 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as too 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 daring 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 agreetaent or conversation with any officer, agent or employee of the ENGINEER or the OWNER, either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. 2.06 CHARACTER OF 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 ENGINEER shall inform him in writing that any man or man 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 BUJIIDINGS. 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 satisfactory to the ENGINEER. 2.08 SANITATION. Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by the ENGINEER, and their use shall be strictly enforced. 2.09 SHOP DRAWINGS. fhe CONTRACTOR shall submit to the ENGINEER, with such promptness as to Pause no delay in his own wor% or in that of any other Contractor, four copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades, and the ENGINEER shall pass upon them with reasonable promptness, making desired corrections. The CONTRACTOR shall make any corrections required by the ENGItfFER, file with him two corrected copies and furnish such other copies as may be needed. The ENGINEER'S approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for devia- tions from drawings or specifications, unless he has in writing called the ENGINEER'S attention to such deviations at V'ie time of submission, nor shall 11 9-i-66 it relieve him from responsibility for errors of any sort in shop drawings or schedules. Such review by the ENGINEER sha'.1 be for the e~~le 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 d,ity as an indepP.Jent contractor as previously set forth, it being expressly understood and agreed that neither the ENGINEER nor the OWNER assumes my duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during CONTRACTOR'S performance hereunder. 2.10 FRELDU NARY APPROVAL. The ENGINEER shall no't have the power to waive the obligations of this contract for the furnishing by the CONTRACTOR of good material, and of his performing good work as herein described, all in full accordance with the plans and specifications. No failure or omission of the MINEER to condemn any defective work or material shall release the CONTRACTOR from the obligations to at once tear out, remove and properly replace the same at any time prior to final acceptance, upon the discovery of said defective work or material; provided, however, that the ENGINEER shall, upon request of the CONTRACTOR, inspect and accept, qualify, or reject any material furnished, and in ovent the material has been once accepted by the ENGJ4EER, such acceptance shall be binding on the OWNER, unless it can be claarly shown that such material furnished does not meet the specifications for t%is 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 Laid work, all expense of removing, re-examination and replacement shall be borne bi the CONTRACTOR, otherwise the expense thus incurred shall be allowed as EXTRA WORK, and shall be paid for by the OWNER; provided that, where inspection or approval is specifically 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 bear all expense of taking up, removing, and replacing this work if so directed by the ENGINEER. , 2.11 DEFECTS AND THEIR REMEDIES. It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the ENGINEER as unsuitable or not in conformity with the specifications, the CONTRACTOR shall, after receipt of written notice thereof from the ENGINEER, forth- with remove such material omd 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 for the work herein contemplated, or any part thereof, either before or after the beginning of the construc- tion, without affecting the validity of this contract and the accompanying performance and payment bonds. 12 9-1-66 If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with, except as provided for unit price items under Section 5, Meas,arement and Payment". If the amount of work is increased, and the work can fairly be classified under the specifi- cations, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this contract., except as provided for unit price items under Section 5, "Measure- ment and Payment"; otherwise, such additional work shall be paid for as provided under Extra Work. In case the OWNER. shall make such changes or alterations as make useless any work already done or material already fur- nished or used in said work, then the OWNER shall recompense the CONTRACTOR for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally 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 don. 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 and the safety of the improvements, in order to secure their erection in conformity with this contract; It shall remain the sole duty and responsibility of the CONTRACTOR to take adequate precautions an his operations for the safety of persons and property. No failure of the ENGINEER to complain of the methods and equipment of the CONTRACTOR shall excuse or relieve the CONTRACTOR of liability for damage to the property or improvements of the OWNER by reason of his neglect or omission. 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 oopies of all plans and specifications without expense to him, and the CONTRACTOR shall keep one copy of the same constantly accessible on the work, with the latest revisions noted thereon. 3.02 OWNERSHIP OF DRAWINGS. All drawings, spec if icat ions and copies thereof furnished by the ENGINEER shall not be reused on other work, and, with the exception of the signed contract sets, are to be returned to him on request, at the completion of the work. All models are the property of the OWNER. 1.03 ADEQUACY OF DESIGN. It is understood that the OWNER believes he has employed competent engineers and designers. It is, thereon agreed that the OWNER shall be responsible for the adequacy of the de. En, sufficiency of the Contract Documents, the safety of the completed structure and the practicability of the operations of the completed project; provided the 13 9-i-66 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 location on which the works herein contracted for are to be constructed or installed, by such agent or agents as he may elect. 3.05 COLLATERAL CONTRACTS. The OWNER agrees to provide by separate contract or otherwise, all labor and material essential to the completion of the work specifically excluded from this contract, in such manner as not to delay the progress of the work, or damage said CONTRACTOR, except where such delays are specifically mentioned elsewhere in the Contract Documents. 3.06 DISCREPANCIES AND OMISSIONS. It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with the generally accepted practice, as determined by the ENGINEER, and in the event of any discrepancies between the separate contract documents, specifications or drawings, the ENGINEER shall define which is intended to apply to the work. 3.07 EQUIPMENT. MATERIALS AND CONSTRUCTION PLANT. The CONTRACTOR shall provide all tool's, equipment, machinery, materials, and construction plant and facilities necessary in the prosecution and completion of the contract, except as otherwise specifically set forth to be provided by the OWNER. The CONTRACTOR shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction, and any and all parts of the work, whether the CONTRACTOR has been paid, partially paid, or not paid for such work, until the entire work is completed and accepted. 3.08 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC. The CONTRACTOR shall take out and procure a policy or policies of workmen's compensation insurance with mi insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workman's Compensation Law of the State of Texas. The CONTRACTOR shall at all times exercise reason- able precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State and Muni- cipal safety laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America, except where incompatible with Federal, State, or Municipal laws or regulations. The CONf;.ACTOR shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices as may be required as requisite to the prevention of accidents. The CONTRACTOR 14 9-1-66 and his Sureties shall indemnify and save harmless tho and all his officers, agents and employees, and the ENGINEER, and hi.5 ager,Ls and employees, from and against all suits, actions, claims, do.nands or jud,;monts, of any character, name and description, brought or asserted a-aln:;t any cf ti..•m for or on account of any injuries or damages to parsons or propccrty, or danagos of any other kind, allegedly received or sustained on account of wny rcgligent act or fault of CONTRACTOR, his agents, Amnisyees or repro sontativos, or sub- contractors, their agents or employees, in the execution of said contract or any operations thereunder, or on account of the failure of artr person, fir." or corporation to provide necessary barricades, warning lights or signs, or to take any other safety precautions. This agreement of zn::emnity shall ex- tend to and include any suit, action or claim, of any character arcl description, allegedly arising out of the concurrent negligence of the CONriUCTOR and/or any sub-contractor, their agents, representatives or employees, and the 0142R, 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 herehy 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 may be given by the OWNER. ENGINEER or their representatives concerning omissions under this paragraph as the work progresses, are intended only as reminders to the CONTRACTOR of his duty in said regard, and shall not be construed as any assumption of duty to supervise safety precautions by either the Oi';YER or ENGINEER, 3.09 PERFORMANCE AND PAYMENT BONDS. It is further agreed by the parties to this Contract that the CONTRACTOR will execute separate performance and payment bonds, each in the sum of one hundred (100%) percent of the tote: contract price, on standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantees required, and further guaranteeing payment to all persons supplying labor and materials or furnish. ing him any equipment in the execution of the Contract, and it is agreed that this Contract 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 eompa: under. writing the bonds shall be acceptable according to the latest list of com- panies,hoLding certificates of authority from the Secretary of the Treasury of the Un-ted States. As herein provided for GUARANITEE, the performance bond shall remain in effect for,a'period of one year after the date of the Certificate of Acceptance by the OWN"PM. The cost of tue premium for the per- formance and payment bonds shall be included in the CONTRACTOR'S proposal. 3.10 LASSES FROM NATURAL CAUSES. All loss or damage to the CONTRACTOR arising out of the nature of the work to be done, or from the action of the elements, or from 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 CONTACTOR at his own cost and expense. 15 9-1.66 11 FROTECTION OF ADJOINING PROPERTY. The said CO,'URACTOR shall take proper mans to protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affrscted by any process of construction to be undertaken under this Agreomr)rit, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for Bach damage on account of his failure to fully protect all adjoining property. The CONTRACTOR agrees to indemnify, save and hold harmless the OWNER and the E.MNEER 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 any claim of any kind arising out of the existence or character of the work. 3.12 PROTECTION AGAINST CLAIMS OF SUB.-CO1,1TRACTORS, LABORERS, MATERIALWN AIM FURNISHERS 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, materialmen, 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 furnish satisfactory evidence that ;-11 obligations of the nature hereinabove designated have been paid, discharged waived. If the CON- TRACTOR fails so to do, then the OWNER may at, the option of tho CONTRACTOR either pay directly any unpaid bills of which the OWNER has written notice, or withhold from the CONTRACTOR'S unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully dis- charged; whereupon payments to the CONTRACTOR shall be resumod in full, in accordance with the terms of this contract, but in no event shall the pro- visions of this sentence be construed to impose any obligation upon the OW ZR by either the CONTRACTOR or his Surety. 3.13 PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION. The CONTRACTOR shall pay all royalties and license fees, and shall provide for the use of any design, device, material, or process covered by letters patent or copy- right, by suitable legal agreement with the patentee or OWNER. The CON- TRACTOR shall defend all suits or claims for infringement of any patent or copyright rights and shall indemnify and save the OWNER harmless from any loss on account thereof, except that the OWNER shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material, or process, or the product of a particular manu- facturer or manufacturers is specified or required by the OWNER; provided, however, if choice of alternate design, device, material, or process is allowed to the CONTRACTOR, then CONTRACTOR shall indemnify and save OWNER harmless from any loss on account thereof. If the material or process specified or required by the OWNER is an infringement, the CONTRACTOR shall be responsible for such loss unless he promptly gives such information to the OWNER. 16 9-1-66 3.14 LAWS AND ORDINANCES. The CON'PRACTOR shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations. which in ary !Winner affect the contract .-,r the work, And shall indernify and save harmless the OWNER against any n1ain, arising from the violation of any such laws, ordinances, and regulation::, whother by the CONTRACTOR or his em- ployees, except, where such violation: are called for by the provisions of the Contract Documents. If the CONTRACTOR observes that the plans and speci- fications are at variance therewith, he shall promptly notify the ENGINEER in writing, and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the CONTRACTOR performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the ENGINEER, he shall bear all costs arising therefrom. In case the OWNER is a body politic and corporate, the law from which it derives its powers, insofar as the „amo regulates tho objects for which, or the manner in which, or the conditions under which the OWNER may enter into contract, shall be controlling, and shall be considered as part of this contract, to the same effect as thoug% embodied herein. 3.15 ASSIGNMENT AND SUBU TTING. The CONTRACTOR further agrees that he will retain personal control and will give his personal attention to the fu'fill- 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 OW11M. and that no part or feature of the work will be sublet to anyone objection- able to the ENGINEER or the OWNER. The CONTRACTOR further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the CONTRACTOR from his full obligations to the OWNER, as provided by this Agreement.' 3.16 CONTRACTOR'S AND SUB-CONTRACTOR'S INSURANCE. Thp CONTRACTOR shall not commence work under this contract until he has obtained all Une insurance required under the following sub-paragraphs and such insurance has been approved by the OWNER, nor shall the CONTRACTOR allow any -ub-contractor to commence work on a sub-contract until such sub-contractor has obtained complete insurance coverage as required for the CONTRACTOR. 3.161 COMPENSATION INSURANCE. The CONTRACTOR shall pro-;ure 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 such work sublet, the CONTRACTOR shall require the sub- contractor similarly to provide Workmen's Compensation Insurance for all of the latter's employees to be engaged in such work, unlese slch employees are covered by the protection afforded by the Contractor's Workmen's Compensa- tion Insurance. In case any class of employees engaged in hazard,,us work on the project under this contract is not protected under the Workmen's Compensa- tion, Statute, the CONTRACTOR shall provide, and shall evise each sub-contractor to provide, adequate Employer's Genera] Liability Insurni-_,s for the protection of such of his employees not other4if a protected. .162 CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE. The CONTRACTOR shall procure and shall maintain during the life of this contract 17 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 amunt 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 or. account, of one accident and $100,000.00 aggregate. The CONTRACTOR shall also furnish Owner's Protective Liability Insurance, which by express provision or endorsement shall also inure to the benefit and prctection of the ENGINEER, as separate policies or as a part of one of the above mentioned policies or by endorsement thereto, in tSa amount set forth for public liability and property damage. 3.163 AUTOIDBILE INSURANCE - BODILY INJURY AND PROPERTY DAWE. The CONTRACTOR shall procure and mais,ta9n, 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 amount not less than $3000,000.00 on account of one accident, and automobile property damage insurance in an aitount not less than $50,000.00, 3.164 SCOPE OF 7MSURANCE AND SPECIAL 4AZARD. The Insurance required under the above paragraphs shall provide adequate protection for tte CONTRACTOR and his sub-contractors, respectively, against damage clabu which may arise from operations under this contract, whether such operations be by the in- surel or by anyone directly or indirectly employed by him. Insurance also shal'. be provided against special hazards, if any, as may be set forth in the ;special Conditions or Special Provisions, or elsewhere in these Con- tracr, Documents. For contracts involving work to be performed within the corporate limits of any municipality and for contracts involving pipe line construction (water, sewer, or other), the CONTRACTOR shall furnish insurance as separate policies or by additional endorsement to one of the above mentioned policies, and in the amounts as set forth for public liability and property damage, the following insurance: (a) Blasting, prior to an;i blasting being done. (b) Collapse of buildings or structures adjacent tr. excavation (if excavations are to be performed adjacent to same). (c) Damage to underground utilities. 3.165 PROOF OF CARRIAGE OF ASSURANCE. The CONTRACTOR shall furnish the OWNER with satisfactory proof of coverage by insurance required in these Contract Documents in amounts and by carriers satisfactory to the OWNER, Proof of carriage of insurance by sub-contractors shall also be furnished. i$ 9-1-66 .1 GENERAL INDEMNIFICATION. The CONTRACTOR agrees, witl,out in any way limiting other provisions of this contract, to protect, indrmr,ify and hold the OWNER and ENGINEER free and harmless from and against ark and all claims, liens, demands, liabilities, penalties and causes of action of every kind and character, including but not limited to, the amounts of ,;urlgments, penalties, interests, court costs, costs of litigation and reasonable legal fees incurred by the OWNER or ENGINEER 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 CO.'11T AC',OR 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, domands 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 herounder, including specifically but without limitation, design and installation of temporarr supports, shoring, bracing, scaffolding and similar it3ms, whether or not occasioned by the negligence, carelessness or want of ukill of 0iVURACTOR or his servants or employees, or that of his Sub-Contractors or their employees, or in connection with or arisLng out of any deviation from plans or specifications even though such deviation occurs with or without the know- ledge of the OWNER or ENGINEER, and whether or not such deviations have been called to CONTRACTOR'S attention, except insofar as re-ronsibility, if any, may b~s expressly assumed by the OWNER or ENGINEER under the provisions of thif, 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 Accriptance of the OWNER. Where the CONTRACTOR is required to procure and furnish articles manufactured by others, the standard warranty, if any, of the manufacturer thereof shall be delivered to OWNER by CONTRACTOR in form to inure to OWNER'S benefit. This guarantee will not apply to defects of any materials or equipment fur- nished by the OWNER to the CONTRACTOR for installation; however, the guarantee will apply to any defects in workmanship in the installation by .he CONTRACTOR of such materials or equipment. When defective material and workmanship are discovered, all required repairs shall be made by the CONTRACTOR at his own expense. Such repair.; shall be initiated within five (5) days after written notice of such defe,:ts has been given by the OWNER and the work of the repairs shall proceed witti dispatch so that the repairs will be completed within a reasonable length of time. Should the CONTRACTOR fail to initiate the repairs within five (5) 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 CONTRACTORS Performance Bond shall remain in effect for a period of one year after the date of written acceptance by the OWNER. 19 9-1-6E 3.19 WAGE RATES. The OWNER in accordance with statutory isquirements has determined the general prevailing rates of wages as applicat2n to the prn,ject. .end the CONTRACTOR shall pay not less than the rates of war; so let6rmined. 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 TI1, AND ORDER OF COMPLETION. It is the meaning and intent of this contract, unless otherwise herein specifically provided, that tho CONIRACTOR shalt prosecute his work at such times and seasons, in such order of preced- ence, and in such manner as shall be most conducive to economy of construc- tion; provided, however, that the order and the time of prosecution shall be such that the work will be substantially completed as 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, al:n that when the OWNER is having other wurK done, either by contract or by his own force, the ENGINEER may direct the time and manner of constructing the work done ander this contract, so that conflict will be avoidad and the construction of the various works being done for the OWNER will be harmonized. The CONTRACTOR shall submit, at sach times as may reasonably be requested by the ENU.LNJEER, schedules which shall show the order in which 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 (7) days after the end of such calendar month, the CONTRACTOR shall report in writinp to the ENGINEER any day 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 ,harking shall be so recognized and the ENGINEER'S decision shall be final 3rd binding. 4,02 "'XTENSION OF TIME. Should the CONTRACTOR be delayod in the completion of the %,rk 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. Fo 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 20 9-1-66 the work embraced in this contract. In case said work may be stopped by the act of the OWNER, then such expense as in the judgment of the ENGINEER is caused by such stoppage of said work shall be paid by the CWNER 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 c:,mpletion of the work herein specified and contracted for (after due allowance of ouch extension of time as is provided for under Extension of Time hereinabove), the OWNER 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 and for added expense for engineering supervision, etc. in connection with the projects Amount k.iount of Liquidated Of Contract Damages Per Day $ 100,000 or less $100 100,001 to 500,000 150 500,001 to 1,000,000 200 1,000,001 to 2^01000 300 Over 2,000,000 400 I 5. MEASUREMENT AND PAYMENT 5.01 QUANTITIES AND MEASUREMENT0 No oxtra or customary measurements of any kind will be allowed, but the actual measured and/or computed length, areal 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 shown ;or 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 work done and the material furnished. Where payment is based or, the unit price method, the CONTRACTOR agrees that ho will make no claim for damages, anticipated profits or otherwise on account of any differences which may be found between the quantities of work actually done, the material actually furnished under this contract and the estimated quantities contemplated and contained in the proposal; provided, however, that in case the actual quantity of any item should become as much as 25% more than, or 25% less than the estimated or contemplated quantity for such itoms, then either party 21 9-1-66 to this Agreement, upon demand, shall be entitled to a revised consideration upon the portion of the work above or below 25% of the estimated quantity. Any revised consideration is to be determined by agreement between the parties, otherwise by the terms of this Agreement, as provided under "Extra Work". 5,03 PRICE OF 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 aril stipulations herein contained, the OWNER agrees to pay the CONTRACTOR the prices set forth in the Proposal hereto attached, which has been :wade a part of this contract. The CONTRACTOR hereby agrees to receive such prices in full for furnishing all material and all labor required for the aforesaid work, also for all expense incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this Agreement, the attached specifi- cations and requirements of the ENGINEER. 514 PARTIAL PAYMENTS. On or before tho 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 ENGINFER'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 thi OWNER under the terms of this Agreement. It is understood, however, that in case the whole work be near to :nmpletion and some un- expected and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR, the OWNER may - upon written recommendation of the ENGINEER - pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR; or the CONTRACTOR, at the OWNER'S option, may be relieved of the obligation to fully complete the work and, thereupon, the CONTRACTOR shall receive payment of the balance due him tinder 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 tisae for completing the entire work of such portions .may not have expired, but such taUng possession and use shall not be deemed an acceptance of any work not c.-,mpleted 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 decermine. 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 ENGTKEF.R'S judgement should be done, if any, in order to substantially complete the work. The "substantial completion" of the structure or facility ohall not excuse the CONTRACTOR from performing all of the work undertaken, whether of a minor or major nature, and thereby completing the structure or facility in accordance with the Contract Documents. 5.06 FINAL COMPLETION AND ACCEPTANCE. Within ten (10) days after the CON- TRACTOR has given the F.NGINE.F.R written notice that the work has been completed, the ENGINEER and the OWNER :hall 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 non-acceptance. 5.07 FINAL PAYMENT. Upon the issuance of the Certificate of Completion, the ENGINEER shall proceed to make final measurements and prepare final statement of the value of all work performed and materials furnished under the terms of the Agreement and within 25 days shall certify same to the OWNER, who not later than 35 days after the date of the Certificate of 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 arty 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 evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating probable filing of claims. (c) Failure of the CONTRACTOR to make paymen-Ls properly to sub-cont.actois or for material or labor. (d) Damage to another contractor. When 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, payment shall be made for amounts withheld because of them. 5.09 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 23 9-1-66 due, or should the ENGINEER fail to issue any statement on or before the date above provided, then thti OWNER si;all pay to the CONTRACTOR, in addition to the sum shown as due by such stat•imy,rt, i,~,terast thereon at the rate of six (6%) percent per annum, unless otherwise: z+ocifiod, from date due as provided under "Partial Payments" and "Final i'ayiwin is", until fully paid, which shall fully liquidate any injury to the C0i1RACio:t growing out of such delay in payment, but the right is expressly roser•ied to the CONTRACTOR in the event payments be not promptly made, as provido,~ - fier "Partial Payments", at any time there- after to treat the contract as xoa„doned 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. EXCRA WORK AND CLAIMS 6.01 EX'T'RA WDRK. It is agreed that the CONTRACTOR shall perform all Extra Work under the direction of the ENGINE? 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 componiatiou to be paid the CONTRACTOR for performing said Extra Work shall be determined bi one or more of the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If' neither Metlod (A) nor Method (B) be agreed upon cefore the Extra Work is commenced, then the C01riRACTOR shall be paid the "actual field cost." of the work, plus fifteen (15%) percent, In the event said Extra Work be performed and paid for under Method (C), . then the provisions of this paragraph shall apply and the "actual field cost" Is hereby defined to include the cost to the CONTRACTOR of all workmen, such as foremen, timekeepers, mechanics and laborers, and materials, supplies teams, trucks, and rentals on machinery and equipment, for the time actually employed or used on such Extra Work, plus actual transportation charges necessarily incurred, togethor witK all power, fuel, lubricants, water, and similar operating expenses, also all necessary incidental expenses incurred directly on account of such Extra W,rk, including Social Security, Old Age Benefits, and other payroll taxf.s, and a rateable proportion of premiums on Performance and Payment Bonds, and Maintenance Bonds, and on Public Liability and Property Damage, and Workmen's Compensation and all other insurance as may be required by any law or ordinance, or directed in writing by the 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 ENG11ZER. The ENG IPEER shall also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100 percent, unless otherwise specified, of the schedule, current at the time of such use, of Equipment Ownership Expense adopted by the Associated General Contractors of America. Where practicable the terms and prices for the use of machinery 24 4-i-66 and equipment shall be incorporates ir the Written Extra Work Order. The fifteen (15f) percent of tho "actual field cost" to be paid the CONTRACTOR shall cover aM compensate him for his profit, overhead, general superinten- dence and field office expense, and all other elements of cost and expense not embraced within tho "actual field cost" as herein defined, save that where the CONTRACTOR'S Camp or Field Cffice must be maintained solely on account of such Extra Work; then the cast to maintain and operate the srme shall be included in the "actual field cost". II No claim for Fxtra Work nf' any kind will be allowed unless ordered in writing by the ENGINEER. In case any orders or instructions, either oral or written, appear to the CONTRACTOR to ir= lve Extra Work for which he should receive compensation or an adjust.rzont in the construction time, he shall make written request to the ENGINEER for written order authorizing such Extra Work. Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefor, and the ENGINEER insists upon its performance, the CONTRACTOR shall proceed with the work after making written request for written order and shall keep an accurate account of the "actual field cost" thereof, as provided under Met)-ad (C). The CONTRACTOR will thereby preserve the right to submit the matter of payment to arbitration, as hereinbelow provided. I 6.02 TIME OF FILING CLAM. It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the CONTRACTOR shall be in writing and filed with the ENGINEER within fifteen (15) days after the ENGINEER has given any ..irections, 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 ENGINEERIS decision, any demand for arbitration shall be filed with the ENGINEER and the OWNER in writing within ten (10) days after the date of delivery to CONTRACTOR of the ENGINEER'S final decision. It is further agreed that final acceptance of the work by the OWNER and the acceptance by the CONTRACTOR of the final payment shall be a bar to ary 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 be three, one named in writing by each party, end the third chosen by the two arbiters so selected; or if the arbiters fail to select a third within ten (10) days, he shall be chosen by a District Judge serving the County in which the major portion of the project is located, unless otherwise specified. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the decision of the ENGINEER shall be final and binding on him. Shuuld the other party fail to choose an arbiter within tan (10) days, the ENC INFER shall appoint such arbiter. Should either party refuse or neglect to slupply the arbiter: with any papers or information demanded in writing, the arbiters are empowered by both parties to take ex parts proceedings. 25 9-1-66 I i The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract. The decision of the arbiters upon any question submitted to arbitration under this contract shall be a con- dition precedent to any right of legal action. 'The decision of the arbiter or arbiters may be filed in court to carry it into effect. 7. ABANDONMENT OF CONTRACT 7.01 ABANDONMENT BY CONTRACTOR. In case the CONTRACTOR should abandon and fail or refuse to resume work within ten (10) days after written notification from the OWNER, or the ENGINEER, or if the CONTRACTOR fails to comply with the orders of the ENGINEER, when such orders are consistent with the Contract Documents, then, and in that case, where performance and payment bonds exist, the Surety on the bonds shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the CONTRACTOR. After receiving said notice of abandonment, the CONTRACTOR shall not remove from the work any machinery, equipment, tools, materials, or supplies then 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 provided 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 complete the work and be reflected in the final settlement. Where there is no performance bond provided or in case the Surety should fail to cowmence compliance with the notice for completion hereinbefore pro- vided for within ten (10) days after service of such notice, then the OWNER may provide for completion of the work in either of the following elective manners: 7.011. The OWNER may thereupon employ such force of men and use such machinery, equipment, tools, materials, and supplies as said OWNER may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials, and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out of such moneys as may be due, or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract. if the same had been completed by the CONTRACTOR, then said CONTRACTOR shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said CONTRACTOR, then the CONTRACTOR and/or his Surety shall pay the amount of such excess to the OWNER; or 7.012. The OWNER, under sealed bids, after five (5) days notice published one or more times in a newspaper having general circulation in the county of the location of the work, may let the contract for the completion of the work under 26 9-1-66 substantially the same terms and conditions which are provided in this con- tract. In case of any increase in cost to the OWNER. under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the CONTRACTOR and the Surety shall, be and remain bound therefor. However, should the cost to complete any such now contract prove to be less than what would have been the cost to complete under this contract, the CONTRACTOR and/or his Surety shall be credited with the difference. When the work will have boen substantially completed, the CONTRACTOR and his Surety shall be so notified and Certificates of Completion and Acceptance, as provided in Paragraph $.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 C0111TRACTOR and his Surety, whereupon the CONTRACTOR and/or his Surety, or the OWNER as the case may be, shall pay the balance due as reflected by said statement, within fifteen (15) days after the date of such Certificate of Completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the OWNER had the work bsen completed by the CONTRACTOR under the terms of this =tract; or when the CONTRACTOR and/or his aarety shall pay the balance shown to be due by the.t 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 hie. Surety. Should the cost to complete the work exceed the contract price, and :he CONTRACTOF. 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, materials, or supplies and apply the net sum derived from such sale to the credit of the CONTRACTOR and his Surety. Such sale may be made at either public or private sale, with or without notice, as the OWNER may elect. The OW14ER shall release any machinery, equipment, tools, materials, or supplies, which remain on the work and belong to persons other than the CONTRACTOR or his Surety, to their proper owners. The books on all operations provided herein shall be open to the CONTRACTOR and his Surety. 7.02 ABANDONMENT BY OWNER. In case the OWNER shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the CONTRACTOR, then the CONTRACTOR r.%y suspend or wholly abandon the work, and gray remove therefrom all machinery, tools and equipment, and all materials on the site of the work that have not been included'in payments to the CONTRACTOR and have not been brought into the work. And thereupon, the ENGINEER shall make an estimate • 27 9-1•.66 of the total amount earned by the CONTRACTOR, which estimate shall include the value of all, work actually completed by said CONTRA.~TOR (at the prices stated in the attached proposal where unit prices are used), tho 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 he retained by the OWNER under the terms of this Agreement, End shall certify same to the OWNER, who shall pay to the CONTRACTOR, on or before thirty (30) days after the date of the notification by the CONTRACTOR, the balance shown by said final statement as due the CONTRACTOR under the terms of this Agreement. END - GENERAL CONDITIONS 26 9-1-66 ' . i DETAIL SPECIFICATIONS CONTRACT 67-1 - RAW WATER PUMPING UNIT i A. SCOPE The work covered by this contract is the furnishing and installing of one (1) vertical turbine type pumping unit as hereinafter described. The unit shall be of the "shaft-driven" type and shall be oil lubricated. Pump connecting piping, motor starter* and electrical wiring shall be furnished and installed by the Owner under another contract. Equipment to be furnished and installed under this contract consists of the complete pump- ing unit and motor with proper lubricating materials required to place the unit into operation. A drawing showing pump installation details is included as a part of these specifications. This Contractor shall supervise and otherwise assit in the placing of the unit into operation. The Contractor will be expected to have an experienced representative present at the "start-up" of the unit, B. PUMPING CONDITIONS Rated Capacity Operating Head Minimum Speed Not C.P.M. Feet of Total Dynamic Head Horsepower To Exceed Minimum Rated Maximum 50500 150 345 400 700 1800 The total dynamic head shown above for the rated point is the head at which the efficiency of the unit will be guaranteed. Howevert the pump shall be capable of operating throughout the range of heads indicated with a minimum water level as indicated below under pump setting. The required NPSH for proposed operation of the unit shall be submitted with other data attached to bid. C. PUMP SETTING Elevation of Bottom of Pump Base 54148 Centerline Elevation of Discharge Outlet 532.33 Bottom of Basket Type Strainer 4'7.00 Minimum Water Level 480.00 Normal Water Level 515,00 29 D. PUMPS 1. General: The pump shall be a vertical unit, turbine type, with the number of stages as required to pump the capacities at the heads indicated. The pump shall consist of a motor mounted on a base, impellers, bowls, dis- charge outl(t, and column pipe extending from the motor base to the top of tie bowls. The unit will be installed indoors for the purpose of pumping raw water from a water supply lake. The unit shall conform to the American Standards Association Standard Specifications for "Vertical Turbine Pumps" (B98.1-1961) except as modified herein. 2.. Pump Head: The pump head shall be of low rigid construction and shall be mounted, together with vertical hollow shaft motor, as an integral unit and with a shaft adjusting nut readily accessible at the top of the motor. Suitable means shall be provided for connecting the motor to the drive shaft of the pump to prevent misalignment ani vibration and facilitate removal and inspection of complete equipment. The pump head or motor shall be pro- vided with a ball or roller thrust bearing of adequate strength and design to carry the hyraulic thrust load of the impellers and weight of all rotating parts. The pump base plate shall be suitable for bolting to a concrete floor, and shall be designed to span a 21-61' square opening. Non-reversing ratchet shall be inclvded. 3. ugaJoIU: Bowls shall conform to ASA Specification B98.1-19619 Section 4,2.1. Pump bowls shall be of heavy duty construction and shall be capable of wittstahding twice the pressure at rated capacity or one and one- half (1-1/2) time shut-off head, whichever is greater, based on Design Con- ditions. The bowls shalt not be coated with enamel or other type of coating, 4, Impellers: The impellers shall be one piece bronze castings, machined accurately to dimension, with blades carefully scraped to Insure smooth passageways. The impellers shall be statically balanced$ shall have non- overloading characteristics, and shall have head characteristics as steep as possible so that an increase or decrease in the operating head from the design point will not cause an excessive decrease or increase in the pump capacity. Impellers shall be attached and locked to the pump shaft in such a manner that they may be easily removed and that they will not work loose for any reason. A guide bearing shall be provided above and below each stage to keep the impellers accurately centered. The impellers shall not be coated with enamel or other type of coating. 5. hearing R1nAS: Each impeller and case shall be provided with re- newable bronze wearing rings at the running joint between the impeller and case, The rings shall be made to limit gauges so that they may be renewed without fitting, and shall be so designed that they are not dependent on excessively small clearances to prevent leakage. 6. Shift: Line shaft uhnli matt tnc roquiret_ont of ASA Specification 898.1.19619 Section 4.2.4, with horsepower requirement based upon maximum horsopower requirement of pump at any point in the range of the pump. 30 A rigid type shaft .oupling shall be provided below the motor base at the top of the pump shaft and bottom of the motor shaft. The coupling shall be adequate in strength and design to transmit the hydraulic thrust from the pump to the motor thrust bearing, and to develop the full torsional strength of the shaft. Two diametrically opposite openings in the column or motor base shall be provided for access to the coupling. The impeller shaft shall be FC 416 stainless steel, or approved equal, designed to meet strength requirement not less than horsepower rating of motor. 1. Line Shaft Bearing The line shaft bearings, which also shall act as connecting couplings for the sections of oil tubing, shall be spaced to eliminate shaft whip and vibration. Maximum spacing shall be five (51) feet. Line shaft bearings shall conform to the ASA Specification B58.1-1961. 8. Shaft-Enclosing Tube,„ The :,haft-enclosing tube shall be made of extra strong steel pipe in Interchangeable sections not more than five (50) feet in length. Shaft enclosing tubes shall conform to ASA ^peciflcation B58.1-1961, Section 4.2.6. 9. Discharge Column Pipes: The pipe size shall be such. that the friction loss will not exceed five (51) feet per one hundred (1001) Leet based on the rated capacity of the pump, Discharge column shall conform to Ore require- ments of ASA Specii:cation B58.1-1961, except as modified herein. Column pipe shall be in lengths not exceeding five (51) feet. Sections shall be joirnaa by meara of machined flanges to providb true alignment of the column. Flanges shall be ASA, Class 125. Pipe shall be equal to "API Specifications for Casing, Tubing, and Drill Pipe", (API 5A) - Grade H-40. 10, Discharge Outlet: The pump discharge may be a long radius bend or a right angle outlet. An outlet of the right angle type shall be provided with an adequate number of streamlined guide vanes to minimize the turbulence and head loss in the bend. The outlet shall be 16-inch in size, of the flanged type, faced and drilled ASA Class 125. 11. Screen: The pump shall be provided with a galvanized wire basket type screen of standard design and adequate opening areaways, and shall con- form to Section 4.1.5 of the ASA Specification B58.1-1961. 12. Lubrication: Shaft bearings shall be oil lubricated. An oiler having a visible means of determining the rate of oil flow shall be supplied. Oil reservoir shall be not less than four (4) quart capacity and shall be provided with a solenoid operated valve to be wired into the motor starter. E. MOTOR Electric motor shall be of the vertical, hollow-shaft, squirrel-cage, in- ductton type. Motor shall be 2300 volt, Code F, 3-phase, 60-cycle, with a speed suitable for direct connection to the pump furnished. Motor shall be of minimum size shown in the tabulation under "Pumping Conditions", but shall be of a site such that the name plate rating of the motor will not be exceeded 31 at any point within the head range shown under "Pumping Conditions" and exceeded not more than 5-percent at any point outside this range, including shut-off condition. Motor shall operate continuously gt rated load, voltage, and frequency with a temperature rise not to exceed 60 Cl based on ambient temperature of 400 C, normal conditions of ventilation, and sea level ele- vation. Motor shall have Clas3 "8" insulation, Motor shall be manufactured by Allis-Chalmers or an approved equal. Motor manufacturer shall have a minimum of 5 years experience manufacturing motors of this size and type, including a 5-year satisfactory service record for m,3tors installed in this general area. Motor shall conform to the design, construction and performance require- ments of the latest motor standards of the National Electrical Manufacturers Association. Motor shall be designed so that the service factor of 1,15 as defined by the NEMA may be applied. Motor shall be designed for full vol`Aga across the line starting. Motor shall have thrust bearings adequate to carry the weight of the rotating element and the hydraulic thrust of the pump at maximum conditions with a liberal factor of safety. Motor base shall be machine fitted to the pump head to provide even bearing throughout and proper shaft alignment. Oil reservoir shall be liberal in size with gauges for indicating the level of the oil In the reservoirs and outlets for draining the reservoirs. The general construction of the motor shall be as simple as possible con- sistent with reliable and satisfactory operation. Workmanship, design and finish shall be first class in every respect. F. MARKING Pump and drive shall have a standard name plate securely affixed In a con. spicuous place showing the rating, serial number, and name of manufacturer as well as other usual nameplate data. G. SHOP PAINTING The exposed interior of all castings shall be cleaned and rubbed to a smooth surface before receiving paint. All unfinished exterior iron work shall be cleaned, filled and given one coat of the best quality "Detroit Graphite" paint or equal, mixed with pure linseed oil. The interior of all castings and parts to be painted shall be given three coats of an approved metal paint. The grade and color of paint used, and the workmanship, shall be entirely satisfactory to the Engineer. Finished parts shall be coated with approved rust preventing compound before shipment, H. FACTORY TESTS OF PUMPING UNIT The efficiency of the pumping unit, including electric motor, shall be tested at the specified total rated head. In addition, the unit shall be tested at heads throughout the range of operation of the unit. Due to the 32 I length of pump column, a close-coupled test will be permitted, with the column lasses calculated and reflected in the test data. Certified copies of the test data and performance curves shall be submitted to the Owner. The curves ihall contain all information outlined in the paragraph "Characteristic Curves" under Section "K" below. Pumping unit shall not be shipped until test data has been approved. The overall efficiency shall be ~al.ulated to reflect the actual tested bowl assembly efficiency, and the column loss, motor suss, etc. Before the pump is shipped, the Contractor F-hall submit a certified report of factory test of bowl assembly and the thtoretiLal characteri,tlc :urves for the com- pleted pumping unit. The efficiency will be computed ai equal to the water horsepower divided by the electric power input to the unit. Pump shall be tested in accordance with the Test Code of the Hydraulic Institute. Quantity of water shall be measured by Venturi meter, or by measuring device acceptable to both parties. Test of motor shall be made in accordance with the Standardization Rules of the American Institute of Electrical Engineers. A standard commercial test shall be performed on the motor at the factory and certified reports of test shall be furnished with the other test data. Factory tests of the unit shall be "witnessed" by an independent laboratory and/or other authorized representative of the Owner. The cost of the independent laboratory's services will be paid directly by the Owner. However, in case of failure of the unit to meet the specification requirements, the cost of laboratory services for re-run tests will be "back-charged" to the Contractor by the Owner. 1. ASSEMBLY PRIOR TO SHIPMENT Unit may be disassembled for shipment, but the Contractor shall certify that at the factory, prior to shipment, the unit has been completely assembled, each part to each adjoining part, and that the pump and motor has been aligned. I, 1. INSTALLATION OF PUMPING UNIT This pumping unit is to replace an existing pumping unit. As a part of this contract, the existing unit shall be removed and hauled to the City Warehouse in Denton for storage. The existing unit is a vertical turbine pump, similar to the proposed unit, egiiipped with a LOO horsepower electric motor. Column pipe is in 51-0" lengths, with the same bowl setting as proposed for the new unit, Care shall be exercised not to damage the existing unit as it is being removed. The assembly and installation of the now unit shall be by personnel who are experienced in the installation of pumping units of this type. The base plate shall be leveled, anchored into place with expani4 on bolts, and grouted with Embeco grout. Extreme care shall be taken to ensure proper alignment between the discharge tee and the existing discharge piping to which the pump will be connected. 33 Piping connections and electrical wiring will be done under another contract. K. ACCEPTANCE TEST Upon the completion of installation of the unit, including wiring and piping, the Contractor snall conduct a performance teat to demonstrate that the pump compliea with all the requirements of these specifications. The test shall be conducted in a manner approved by and in the presence of the Engineer. The purpose of the acceptance test is to verify the satisfactory performance of the unit with regard to noise, alignment, vibration, general operation, etc. The unit must perform in an acceptable manner before final payment is made by the City. L. INFORMATION TO BE SUBMITTED WITH BID 1. General: The Bidder shall furnish s complete description of all equip- ment offered under these specifications, including catalogues, cuts, and pertinent engineering data. Where the Bidder's product differs from the specified re- quirements and/or catalogue description, each point of difference shall be clearly stated. This requirement is set forth to facilitate the review of bids and is not to be construed by the Bidder as waiving any of the requirements of the specifications. 2. Characteristic Curves: Characteristic curves for pumps offered shall be submitted with the bid. Curves shall show the capacity, net positive suction head required, head, efficiency and brake horsepower throughout the range of the pump. Characteristic curves for pumps shall have the capacity plotted as abscissa and the operating head, brake horsepower, and efficiency plotted as ordinates. Curves shall cover the full range of operating from shutoff to maximum capacity. 3. Guar eed Efficiencies: A statement of guaranteed overall efficiency for pumping units with electric motor-drives at the specified heads shall be submitted with the bid as provided in the bid form. 4. Date Sheet: Data sheets supplying the following information for each unit of equipment shall be submitted with the bid: ( 1) Make and type of pump ( 2) Number of stages in bowl assembly ( 3) Diameter and wail thickness of discharge column ( 4) Diameter of line shaft ( S) Diameter and width of impeller ( 6) Maximum diameter impeller for bowl furnished ( 7) Diameter of discharge flange ( 8) SAE grade of steel for line shaft ( 9) Axial thrust on line shaft (F) in pounds (10) Combined shear stress (Pt) of line shaft in pounds per square inch (11) Friction loss in discharge column at rated capacity (600 %PM) in feet per 100 feet of column 34 (12) Velocity in discharge column at rated capacity (0) Shut-off head of pump (14) Maximum horsopower requirement of pump (15) Horsepower requirements of line shaft - H.P. per 100 feet of shaft (16) Total maximum horsepower requirements of pumping unit at the point of connection to motor (17) Net positive suction head required 08) Make and type letter of motor (19) Speed - RPM (20) Brake horsepower of motor at 40 degree C rise (21) Type of motor bearings (22) Maximum starter current in percent of full normal load (23) Motor efficiency at full load (24) Motor efficiency at 3/4 load (25) Method of insulating and impregnating motor coils Alf (26) Weight of complete unit (27) Weight of bowl assembly (28) Weight of pump base (29) Weight of discharge column per 10 foot section (30) Weight of motor Complete Pump nit Unit (31) Overall efficiency at Design Conditions M. GUARANTEE It shall bo guaranteed that the pump, motor, and accessories will meet the operating conditions stated herein, and the Contractor shall make good any defect of material or workmanship developing within one (1) year from date of acceptance, at no expense to the Owner. N. COMPARISON OF BIDS In comparing the bids, the Owner reserves the right to take into consider- ation the lump sum price bid for the equipment and the estimated operating cost based on overall guaranteed efficiencies. The basis of computing capital costs of operating efficiencies are as follows: Fower Rate 1C per KWH Interest Rate 4-1/2% Life of Pumping Units lS Years Percent of Operation 20% • 3S 0. FAILURE TO MEET EFFICIENCY GUARANTEE In the event the results of the specified factory tests show that the pumping units have a lower efficiency than that guaranteed, the City may accept the units at a reduced price. The reduction in price shall be computed on the basis of 50% more than determined in the valuation of efficiencies set forth above. In the event the actual overall efficiency is so low as not to be acceptable to the Owner, the manufacturer shall make such minor adjustments as required to meet the original guarantee. If major adjustments are required, the defective unit shall be replaced with a new unit meeting the specifications and guarantees. P. ERECTION ENGINEER This Contractor will be required to furnish the services of an Erection Engineer at the "start-up" of the unit. It shall be the responsibility of the Erection Engineer to verify final adjustment and place the unit into operation. The cost of these services shall be Included in the lump rum bid for the unit. Q. PAYMENT The City will pay eighty (80X) percent of the bid price of any unit of equipment upon the delivery of the complete unit at Denton, Texas. However, the eighty (80X) percent payment will not be made unless factory tests show compliance With the guaranteed performance requirements. Final payment of the remaining twenty (20X) percent will be made within approximately thirty (30) days after completion of Installation and satisfactory teats of the equipment. In the event installation and tests are not made within six (6) months after completion of delivery, final payment will be made at the end of the six (6) months. • END OF CONTRACT 67.1 36 CONTRAr'T 6;'-2 - HIGH SERVICE PUMPING UNIT A FCOPE Thi= .cntract cnvnrs ,he furni3hing and delivery of one (1) horizontal .entrifugal pumping %nit. Pumping unit shall be a single stage pump driven by an induction motor. The Owner will furnish starting equipment, installa- tion, connecting piping, and wiring under a separate Contract. This Contractor shall supervise and otherwise assist in the placing of trP unit into operation. The Contractor will be expected to have an experienced representative prezent at the ":tart.-up" of the unit. B. PUMPING CONDITIONS Rated Operating Head Capacity Feet: of Total Dynamic dead Minimum Speed Not GPM Minimum Rated Maximum Horsepower to Exceed 6,400 180 250 300 500 1200 RPM The total dynamic head shvwr~ above for the rated point is the head at which the efficiency of the unit will be guaranteed. However, the pump shall be capable of operating throughout the range of heads indicated. The required NPSH for proposed operation of the unit shall be submitted with other data attached to bid. Suction conditions may vary from a suction lift of 8 feet to a suction head of 22 feet. C. PUSS 1. General: Each pump shall be of the volute type, horizontal shaft,, double suction, side suction and discharge, single stage. Direction of rota- tion, when viewed from motor end, shall be clockwise. 2, Casing: Casing shall be of strong close grained iron split hori- zontally, with suction and dischargo noZzies cast integrally in lower half so that upper }art may I.o romcved frr inspection of rotating parts without disturting pipe connections and pump alignment. The joint between halves of the casing shall be heavily flanged and bolted and provided with dowol pins to insure accur;ite alignment. Tne interior shall be smooth and free from surface defects, F:angea z}gall ''re c;.et :-clid, with drilling and dimension:, conforming tr the 2c0 }:Nand American Standard and spot faced on the back of bil bolt holes. Casing shall be tested at manufacturer's shop under a hydro- stat-1,c preij%ire of 250 F.cunds per square inch. Eye bolts or lifting lugs fc~r lifting and nuitn~ie ',aFped apenings far priming connections, gages and di aindgo shall Ea prcv:ded, 3. Thpoller! Tmre'ilor shall be of double suction enclosed typo, made ontirely of bronze, finished smooth all over and of ample strength and stiff- ness for maintaining; the r:3ximum capacity of the unit. It shall ba accurately 37 hydraulically and mechanically balanced to avoid vibration and and thrust, and lttall be keyed to the shaft and securely held in axial position on the shaft f;1 means of bronze shaft sleeves properly secured to the shaft so that it cannot Lecoma unfastened when the pump is reversed. 4. Wearing Rings: At the running joint between suction and discharge chambers, renewable bronze wearing rings of approved type shall be provided on both casing and impeller. The casing rings shall be secured by dowel bolts cr ootor approved method. Impeller rings shall be screwed or securely bolted or so fsste;,ed that they cannot become loose whet; the pump is reversed. The rings shall be made to limit gages, so that they may be renewed without fitting. They shall be so designed that they are not dependont on excessively small clearance to prevent leakage. 5. Shaft: The shaft shall be of such dimensions that the maximum fiber stress due to combined bending and twisting moments shall not exceed 8,000 pounds per square inch under the most severe conditions of operation. Shaft sleeves shall extend from impeller hub through stuffing box. They shall be bronze and shall be readily renewable. 6. Stuffing Boxes: Stuffing boxes shall be water sealed, and shall be designed to insure tight packing without excessive wear or friction on the shaft, and to prevent air leakage into the pump under all conditions of opera- tion. Sealing water shall be taken from high pressure side of the volute. Glands shall be of bronze, shall be split type, and shall be held in place by swing bolts. Drip pockets shall be provided on all water sealed glands, and shall be piped to common drains to take care of leakage. 7. Couplings: Flexible couplings between the pump and motor shall be of heavy duty type, designed so that the pump shaft may be removed without dis- turbing the position or adjustment of the driving unit. Couplings shall be Fast's Self-Aligning Coupling as manufactured by the Kopper's Company, or approved equal, Horizontal surface of the coupling shall be machined parallel to the axis of the shaft; faces of couplings shall be machined perpendicular to tho axis of the shaft. S. Bearings: The bearing shells shall be rigidly supported by suitable brackets cast integrally with the pump casing. The bearings shall be so arranged as to prevent water from finding its way to them. Bearings shall be of the babbited ring type, horizontally split, with renewable caps or ap-ra ,ved ball or roller anti-friction type. Outboard bearings shall be cap- able of taking the end thrusts. q. Balance: All rotating parts shall be machined true to insure rota- tional balance with the impeller mounted on the shaft togethor with the coupling and other parts that may be motitnted on the shaft, such that the pump shall be free from vibration. 10. Baoe Plates: Pump and motor drive shall have a common base plate with raised lip and tapped for drainage connections, Base plates shall be cast iron 38 of the box pattern or fabricated steel, heavily ribbed and of sufficient strength and depth to insure rigidity and so designed ns to make a good appearance, and provided with adequate grout holes. base plates shall be provided with planned supports or bearing pads for the pump and motor. It shall be drilled to receive a suitable number of few ndation bolts. Founda- tion bolts ccmplete with sleeves, washers, nuts, etc., shall be furnished with each pumping unit and Shipped within thirty (30) days after the sward of contract. It. Cock and Flug: Pump shall be equipped with air cock and drain plug. D. MOTOR Motor for driving the pumping unit shall be scuirrel cage induction, 2000 volts, 3-phase, 60-cycle, Code F, 1,760 RPM, maximum, and of same speed as pump being driven, and of a horsepower rating adequate for the horsepower requirements of the pump throughout the operating range of the unit, but in nu event shall the horsepower be less than 500 horsepower. Motors shall operate continuously at rated load, voltage, frequency and power factor with a temperature rise not to exceed 60 degrees Centigrade. This temperature rise shall be based on an ambient temperature of 40 degrees Centigrade, normal conditions of ventilation. The motor shall be so designed that the service factor of 1.15 as defined by the National Electric Manufacturers Association may be applied. Motor shall hs capable of starting when the pump is operating against a check valve having a full head on the discharge side and shall be so designed for start- ing and breakdown torque characteristics as required for driving the centri- fugal pump. The motor shall be designed for full voltage starting. Motor shall b,3 capable of delivery of rated horsepower continuously when the voltage variation does not exceed ten (10%) per cent above or below normal. The general construction of the motor shall be as simple as possible, consistent with reliable and satisfactory operation. Wor'manship, design, and finish shall be fir&i.-class in every respect. Bearings shall be oil ring type and self-oiling and shall have ample surface to insure cool runnings. Oil reservoirs shall be liberal in size; gauges for indicating the height of oil and outlets for drawing it off shall be provided. Split end shields shall be lrovided for ease of disassembly for inspection and repairs. Motor shalt be manufactured in accordance with the standards of the National Electric Manufacturers Association and American Standards Association. All tests shall be made in accordance with the standards of the American Institute of f;lectrical Engineers. The power terminal connection box of the motor shall be on the left side of the motor when poking from the pump end. 39 R, MARKING Pumps and drives each shall have a standard nameplate sewarely affixed in a conspicuous place showing the ratings, serial number, and name of manufacturer as well as other usual nameplate data. F~ SHOP PAINTING All castings and parts shall be inspected and approved by the Engineer before painting, unless such inspection may be waived by the City. The exposed interior of all castings shall be cleaned and rubbed to a smooth surface before receiving paint. The interior of all castings and parts to be painted shall be given three coats of an approved metal paint. All unfinished exterior iron work shall be cleaned, filled and given one coat of the beast quality "Detroit Gr„y.,riite" paint, or equal, mixed with puce linseed oil. Flnished parts shall be coated with an approved rust preventing compound before shipment. G. FACTCRY TESTS OF PUMPING UNIT The efficiency of the pumping unit,inaluding electric motor shall be tested at the specified total rated head. In addition, the unit shall be tested at heads throughout the range of operation of the unit. Certified copies of the test data and performance curves shall be submitted to the Owner. The curves shall contain all information outlined in the paragraph "Characteristic Curves" under Section "H", INFORMATION TO BE SUPPLIED WITH BID below. Pumping unit shall not be shipped u,itil test data has been approved. Pumping unit shall be tested in aoccrda.nce with the Test Code of the Hydraulic Institute. Quantity of water shall he measured by Ventura meter, or by measur- ing device acceptable to both parties. Test of motor shall no made in accord- ance with the Standardization Rules of t'ae American Institute of Eleotr!eal Engineers. Factory tests shall be of the completely assembled pumping unit, including motor, and shall be "witnessed" by an independent laboratory and/or authorized representative. T:,e cost of the independent laboratory's services will be paid directly by the Owner. Equipment furnished under these specifications will be subject to inspection during and after tho prcpara of manufacture by representatives of the City who shall be afforded proper facilities for deter- mining compliance with the specifications. Certified factory short commercial test reports on the motor shall be furnished to the Owner with other test data. For compliance with guarantees, the overall efficiency of the pumping unit, including electric motor, shall be calculated from factory t#st data at the head and capacity given herein for rated conditions. Pump manufacturer with Owner's representative shall conduct a field tent to determine toat the unit is in compliance with the cFccif:ou'.ionc. Field test will be pr Aarily to ch.•uk for general operation, excessive noise, vibra. tion, alignment, ate. The unit must perform in an acceptable manner before final payment is made by the City. 40 mm~ H. INFCOIATION TO BE SUPPLIED WITH BID 1. General.: The Bidder shall furnish a complete description of all equipment offered ruder these specificationa, including catalogs, cuts and pertinent engineering data. Where the Bidder's product differs from the specified req%irement.c and/or catalog description, each point of difference shall be clearly stated. This requitement is set forth to faoilitate the review of bids and is not to ii ~nnstrumd by the Bidder as waiving any of the reauirements of the specifications. Setting and foundation plans and dimension sheets for the equipment offered shall be submitted with each bid. S1.-!co=sful bidder will be required to furnish six copies of foundation and dimension drawings. 2. Characteristic Curves: Characterir is curves for pumps offered shall be submitted with the bid. Curves shall show the capacity, net positive suction head required, hoad, efficiency and brake horsepower throughout the range of the pump. Characteristio curves for pumps shall have the capacity plotted as abselEsa and the operating head, brake horsepower, and efficiency plotted as ordinates. Curves shall cover the full range of operating from shutoff to maxinjam capacity. G4aranteed Efflciencies: A statement of the guaranteed ovurill eff/c.iency for pumping units with electric motor drives at the speeifiod heads shall be submitted with the bid as provided in the bid form. 4. Data Sheets: Data sheets supplying the following information for each unit of equipment shall be submitted with the bid: Pumv. ( 1) Make and type letter of pump { 2) Speed - RPM { 3) Diameter and width of impeller ( 4) Maximum diameter impeller for casing furnibhed ( Diameter of suction ( 6) Diameter of discharge ( 7) Shut-off pressure ( 8) Design of Wearing Ring ( 9) Diameter of shaft at impeller (10) Design of stuffing boxes (11) Design of flexible coupling (1k) Type of bearings (13) Diameter and length of bearing bushings (14) Unit bearing pressure (15) Distance center to center of bearings (16) Maximum horsepower requirements of pump (17) Net positive auction head required 41 t I COP P;CCUTID COPY c~ CITY OF VENTON, TEXAS WAT92WORKQ IMPROVEMENTS SPECIFICATIONS AND CONTRACT DOCUMIS FOR J i CONTRACT 67.2 - HIGH IUVICe ?WING MIT n~ ~a r ~t r FaRUARY 1467 i FREESE, NICRDLS AND !!WAM Consulting tagineers { r .0 ~41J o yyac'uuLppro° 'oil O~ Sty~l V y'' ~s c s'a_ tom. to It. ~G b . 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" U aL,r~~ p U E oZ'oc k.oU~ EU ~ro o>,f C c~ c p o C7 d r t% ~u " C` a ro e ro" L : a. a e r fi7 ( e° 3 is7 E4' e= E v x c Em ¢'6 s y% s x z `~o°si ~na'e on 5,:~$ oc..Pic 3- $ ro r7 b o = m s v~'a wO~ 'd H- .11 ~i u$ fA ~VX C 9 Ln 2 ° O '-'c cx v o Egc•-m ~~ale..e 3sj.. ~r t E Co cL N to U i,_ eC. eb e v..,cvc~ c E" pn .O ay a ° O wE-kf, O c rot w T d (j < ~ u l =s C r ~~d b wL• O i r u ; =a W «.wo a~C eyy~~ ~°i$ ui u tv0 v ~ ~ V O X L E" t d '/1 C Z ~'n y O F d•c ~ ~ c c E n~i yn .`b~ F % c a. ~ ~ ° E.. b ^ Q O. ro •p.- M'a Ca. £ O.D L .r; J C L r, ►w. d y C e °J-M~ ° x e V a ~E ovC a ng. y c U U p 1Ot4. ro r p 7 C p 7 sX A b C v LL f S` y rr f, ..°i .C - L . I t Li D C. 110 Ni IJ.. .f'...VG t::;L'i COMRAC T di 3 - EIGii SE+~:C~ ?:u76:; CGV'Fh~~iLcft (Bids Lo be opened 10,'30 A.M,, :'cbruary 16, 190) CONTRACT 67-2 - HIGH SE:R.%'iCE' PUMPING UNIT Paragraph D. "Motor: Motor RPM shall be chanbed to 1200 RPXJ :r.ax;ni:l. COV'i .1C"i 67-3 - HIGii SE':WICE MOTOR CC*;'ii~Oii.Fq Paragraph A. Ckn•_r.%I: Size of motor controller shall be chaobcd to 500 HP in lieu of 600 HP. Bideers shall acknouledg%~ receipt or this :?dder,dum n tho space provide: tha Proposal. I FREESE, NICFiOI.S Au\D f7ADRESS Consulting Enginucr 3 :eoruary i, 1.967 I I CIT' ^F DE\T' N, TKYA> WAJFRVD'PXS "Ml'NOVEM;;NT SPEC'.iFICAll'-O NS VD ';!1f!'?n.`: DOCt7,:.--O.0 FUii COiURACT L7 - RAW WATP R FL'M?IN5 ; c'ON'r1iA .-T 671-2 - HIGH S MVI'..F !,!,IT COM'RACP 67-3 - HIGh SFRV:CF MIWJL-'it C N1P.GLLER PDDEbDUM V). (Bids to be opan,eti 10:30 A.M., Fe's- ory 16, i967j CONTRACT 67-2 - HIGH SERVICE P'J PIIN& t NI T- Paragraph C. (2) - Pump Ca3:ng3: F.mp lunges shall be changed from 250 to 125 pound ASA. Bidders shall acknowledge receipt of this Addend-am in the space provided in the Pro;osal. FREESE, NIChOLS AND ENDRESS Cor.sulting Engineers February 13, 196? CITY OF DENTON, TEXAS WATERWORKS IMPROVEMENTS SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CONTRACT 67-1 - RAW WATER PUKING UNIT CONTRACT 67-2 - HIGH SERVICE PUMPING UNIT • CONTRACT 67-3 - HIGH SERVICE MOTOR CONTROLLER FEBRUARY 1967 I~ FREESE0 NICHOLS AND ENDRESS Consulting Engineers I II 1 i TABLE OF CONTENTS Page NOTICE TO BIDDERS a INFORMATION TO BIDDERS b PROPOSAL f CONTRACT AGREEMENT I PERFORMANCE BOND 3 PAYMENT BOND S GENERAL CONDITIONS OF AGREEMENT 7 DETAIL SPECIFICATIONS CONTRACT 67-1 - RAW RATER PUMPING UNIT Item No. A - Scope 29 B - Pumping Conditions 29 C - Pump Setting 29 D - Pumps 30 E - Motors 31 F - Marking 32 G - Shop Painting 32 H - Factory Tests of Pumping Unit 32 I - Assembly Prior to Shipment 33 J - Installation of Pumping Unit 33 K - Acceptance Test 34 L - Information to be Submitted with Bid 34 M - Guarantee 35 N - Comparison of Bids 35 0 - Failure to Meet Efficiency Guarantee 36 P - Erection Engineer 36 Q - Payment 36 CONTRACT 67-2 - HIGH SERVICE PUMPING UNIT Item No. A - Scope 37 B - Pumping Conditions 37 C - Pumps 37 D - Motor 34 E - Marking 40 F - Shop Painting 40 G - Factory Tests of Pumping Unit 40 H - Information to be Supplied with Bid 41 I - Comparison of Bids 42 J - Failure to Meet Guarantee 42 K - Erection Engineer 43 L - Payments 43 Table of Contents - Cont'd Paa CONTR U'T V-3 - HIGH SERVICE MOTOR CONTROLLER Item No. A - Ceneral 44 B - Standards 44 C - Construction 44 D - Components 45 E - Operating Functions of Starter 46 F - Erection Engineer 46 G - Payments 46 DRAWINGS No. 1 - Raw Hater Pump Installation No. 2 - High Service Pump Controller Schematic NOTICE TO BIDDERS Sealed proposals addressed to Jack Reynolds, City Manager of the City of Denton, Texas will be received at the office of the City Manager in the City Hall until: 10:30 A.M.,February 16, 1967 for the furnishing and delivery of the following items: Contract No. 67-1 - Raw Hater Pumping Unit Contract No. 67-2 - High Service Pumping Unit Contract No. 67-3 - High Service Motor Controller At this time and place the proposals will be publicly opened and read aloud. Any bid received after closing tlmb vill be returned unopened. Copies of plans, specifications, and Contract Documents are on file and may be examined without charge in the office of the Director of Public Works. Copies may be procured from Freese, Nichols and Endress, Consulting Engineers, 508 Throckmorton Street, Fort Worth, Texas, upon a deposit of $15.00 as a guarantee of the safe return of the Contract Documents. The full amount of this deposit will be returned to each bidder upon return of the documents In good condition, providing the documents are returned within ten (10) days after the opening of bids. No refund on Contract Documents will be obligatory after the period of ten (10) days. A cashier's check, certified check or acceptable bidder's bond, payable to the City of Denton, Texas in an amount not less than five (5X) percent of the bid submitted, must accompany each bid as a guarantee that, if awarded the contract, the Bidder will, within ten (10) days of award of the contract, enter into a contract and execute bonds on the forms provided in the Contract Documents. A Performance Bond a Payment Bond, each in an amount of not less than one hundred (100X) percent 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. In case of 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 or all bids, and waive formalities. No bid may be withdrawn within thirty (30) days after date on which bids are opened. CITY OF DENTON, TEXAS Jack Reynolds, City Manager a INFORMATION TO "":DDERS 1. WORK -'0 BE DONE a. Contract 67-1: The work involved in this contract consists of furnish. ing and installing a 5,500 GPM vertical turbine type pumping unit, complete with electric motor, as specified herein. Motor starting equipment, connccting piping, electrical wiring, etc., will be furnished and installed by others. b. Contract 67-2: The work involved in this contract consists of furnish- ing and delivering a 6,AN CPM horizontal, centrifugal pumping unit, complete with electric motor, as specified herein. Motor starter, installation, carlect- ing piping, electrical wiring, etc., will be separate contract, c. Contract 67-3: The work involved in this contract consists of furnishing and delivering the electrical starting equipment for the horizontal pumping unit (Contract 67-2), as specified herein. Installation of the motor starter will be by separate contract. 2. QUALIFICATION OF BIDDER No equipment shall be offered from any manufacturer not regularly engaged in the production of equipment of the size and character herein specified. Bidder must have installed and had in satisfactory operation for a period of not less than five years, at least one unit of site corparable to the unit specified. 3. BID FORM Bids shall be made on the blank form attached and the complete documents and plans returned with the big. Bids not so made will be considered out of form. 4. BID SECURITY Each proposal must be accompanied by a cashier's check or acceptable bid bond in an amount equal to at least five (5%) percent of the amount bid as a guarantee that, if awarded a contract, the Bidder will execute the contract within ten (10) days and furnish a performance bond of one hundred (100%) percent of the contract amount. 5. BONDS With the execution and delivery of the Coatroct Documents, the Contractor shall furnish a performance bond and a payment bond, each in .he full amount of the contract, 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 b United States of America. The performance bond shall be arranged to extend for a period of one (1) year beyond the date of written acceptance of the work by the Owner, to guarantee the repair and replacement of defective materials which may develop during this period. b. MATERIAL AND WORKMANSHIP Material used in the manufacture of equipment offered shall be high grade and quality throughout and shall be entirely suitable for the purpose intended. Workmanship shall be In accordance with high grade manufacturing practice covering the type of equipment. Construction and design shall be in full accordance with modern practice. All parts shall be readily accessible and like parts shall be interchangeable. Only new equipment will be acceptable and any proposal for furnishing used or rebuilt equipment will be rejected. 7. OPTIONAL EQUIPMENT If equipment differing from that specified is submitted, the bidder shall clearly state such differer.ces; however, all essential requirements of the specifications shall be strictly adhered to. If the equipment offered under this provision is, in the opinion of the Engineer, equal to or better than that specified, it will be given consideration. Where a statement of such departure is not made, it will be understood that equipment in strict accordance with the specifications is being offered. 8. INFORMATION TO BE SUPPLIED WITH BID Bidders shall submit with the bid complete information covering equipment offered as set out In the Detail Specifications. 9. AWARD OF CONTRACT The Owner reserves the right to make the award of contract in a manner most advantageous to the Owner. The Owner may give consideration to the "Time of Completion" and to the "Guaranteed Efficiencies". 10. INTERPRETATION OF QUOTED PRICES In case of a difference between the written words and the figures in a proposal, the amount stated in written words will be cotisidered as the bid. 11. INTERPRETATION OF SPECIFICAT_-,NS Any question as to the meaning of any specification will be answered by Addendum which will be sent to all who have been furnished with the plans and specifications. 12. TIME OF COMPLETION The City desires that equipment be delivered at the earliest possible time and consideration will be given in award of the contract to the delivery dates bid. Bidders shall indicate the time for delivery in the space provided in the Proposal. c In the event the Contractor fails to complete the project within the time set forth in the Proposal, the Owner may withhold money permanently from the payments to the Contractor in accordance with Paragraph 4.04, page 21 of the General Conditions of Agreement. 13. PAYMENT Payment will bp made as set forth in the Detail Specifications and the General Conditions of the Agreement. 14. SALES TAX The City of Denton qualifies as an exempt agency under Article 20.04 of the Limited Sales, Excise, and Use Tax in the State of Texas. It is not required That any state sales taxes be paid on any materials incorporated +nto the com- pleted project; however, materials which are used or consumed in ~erfo---mance of the work and which do not become a part of the completed project a1v not exempt and are subject to sales taxes. The City will furnish the Contractor an exemption certificate for materials to be incorporated into the project, which certificate also shall be made avail- able by the Contractor to his sub-contractors. The Contractor shall obtain the necessary permit u- permits from the State C xaptroller of Public Accounts allowing the purchase of materials for lncorporacion into the project without payment of salsa taxes at the time of purchase and shall require his sub-con- tractors to obtain such permits. 15. SHOP DRAWINGS As soon as possible after execution of the contract for the equipment, the Contractor shall furnish to the Owner for approval, six (6) sets of foundation, erection, electrical schematics, and other pertinent shop drawings. 16. PACKING FOR SHIPMENT The equipment under these specifications shall be shipped in such a manner as to insure arrival at destination in an undamaged condition and shall be acceptable to the freight ag-nt in compliance with the current issue of the Consolidated Freight Classification. All equipment and parts shall be suitably protected to insure against breakage or damage in transit. 17. DELIVERY POINT AND UNLOADING Equipment shall be delivered f.o.b, cars for carload shipments or fso.b. freight depot for less than carload shipment at Denton, Texas, or may be delivered f.o.b. Denton, Texas Water Treatment Plant. The City with its own forces, or by contract with others, will unload, transport, and install all equipment except Raw Water Pumping Unit, and will be d responsible for any damages due to such unloading, transporting and installing. The Contractor furnishing the equipment shall be responsible for the proper functioning of installed equipment as set out in the detailed specifications and shall furnish the service of an erection engineer as specified. Contract 67-1, Raw pacer Pumping Unit, Includes pump installation and will not be handled by the City. I END OF INFORMATION TO BIDDERS I a .b PROPOSAL Denton, Texas February 16 PROPOSAL OF Southern Engine & Rump Company A Corpotation organized and existing under the laws of the State of Texas a partnership conalsting of the business name of , an individual. TO: Mr. Jack Reynolds City Manager Denton, Texas PROPOSAL FOR.- Contract 67-1 - Raw Water Pumping Unit Contract 67-2 - High Servico Pumping Unit Contract 67-3 - High Servico Motor Controller The undersigned Bidder, pursuant to the foregoing yotir.o to Riddarn, has carefully examined the Instructions to Bidders, this Proposal, the form of Contracc lgine- ment and of Bonds, the General Conditions of the Agreement, the Specification,:, and the Plans, and will provide all necessary labor, superintendence, machinery, equipment, tools, materials, services, and other facilities to complete fully all thb work as provided In the Contract Documents; and binds himself upon formal acceptance of his ProN sal co execute a contract and bonds, according to the prescribed forms, for the following prices, to-Vitt Item NQ. Description (Price In Words) Amount (Figures) Contract 67-1 - Raw Water Pumping Unit it For the furnishing and installing of one (1) vertical type pumping unit having s capacity of 5,500 GPM at 343 feet total head, with an overall efficiency of % the lump sum of Dollars $_6o Hid f y, item No Description (Price in Words) Amount (Figures) Contract 67-2 - High Service Pumping Unit 2, For the furnishing and delivering of one (1) horizontal, centrifugal, pumping unit, having a capacity of 60400 GPM at 250 feet total head, with an overall efficiency of 75.0 the jump sum of Thirteen thousand nine hundred seventy seven Dollars $139977.00 Contract 67-3 - High Service Motor Controller 3. For the furnishing and delivering of motor controller as specified for high service pumping unit, the limp sum of Dolls:! $ No Bid The undersigned hereby declares he has carefully examined the Contract Documents relating to the work covered by the above bid. 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 required to carry out the above mentioned work covered by this Proposal in strict accordance with thi Contract Documents, and the requirements pertaining the.ato, for the sums set forth above. The undersigned agrees to commence work within ten (10) days after written notice to commence work, and to substantially complet` the work on which he has bid In accordance with the schedule below as provided in Section 4 of the General' Conditions of Agreement. Contract 67-1 - Raw Water Puisping Unit No Bid Calendar Days Contract 67-2 - High Servi;,e Pumping Unit 150 Calendar Days' ~i Contract 67-3 - High Service Motor Controller Bid Calendar Days . No In the event the Contract Agreement and bonds ara not executod within the time above set forth, the attached bid security in the amount of of amount bid@ is to become the property of the Owner as liquidated dasu ges for the delay and additional work caused thereby, *After ch-swing approval and release of equipment for manufeoture. g t f~ L'~- . 4 ~I 1 # .n1 y,y .~,t ~ I ~ 6. 1 4ii l y ~ ~ A ^ ~4^•r ~ ~q y.. { L f _ . t f Receipt is sc:now Iedged of the following addenda. Addendum No. 1 February 3, 1967 Addendum No. 2 February 13, 1967 Addendum No. 3 Respectfully submitted, Southern Engine & Pump Company By W. A. Courregea~ Vice-president Title P. 0. Box 10105 - Industrial Station ,7a,11as, Texas 75207 I Address (SEAL) If Bidder is a Corporation NOTE: Do not detach bid forms from other papers. Fill in with ink and submit complete with attached papers. Notes See attached lettor dated February 16, 19670 on which our bid price is based. h r . .,~'f„ lP~; f.. 1 wr ~,A ♦ fY+7 r~f..S .ip, xi f.,& f =4V~NG & PUPo7P COMPANY INCORPORATED MANUFACTURERS MACHINERY FACTORS • CONTRACTORS 2401 WKINNEY AVENUE P. O. BOX 1697 MAIN OFFICE ESTASLISHEO HOUSTON, TEXAS 77001 HOUSTON. TEXAS 77001 1'O' February 16, 1967 Address Reply To: P.O. Box 10105 .City of Denton industrial Station City Hall Dallas, Texas 75207 Denton, Texas Attention: Mr. Jack Reynolds City Manager Subject : Contract No. 67-2 High Service Pumping Unit Gentlemen: We are pleased to enclose our attached bid on the subject contract and respectfully request that this letter be made a part of the bid documents. Our bid is in accordance with the specifications with the following exceptions: G. Factory Tests Of Pumping Unit: Our bid is based on reduced speed test of pump with factory test motor rather than with motor supplied with pump. Test curves will reflect theoretical overall unit efficiency based on guaranteed motor efficiency supplied us by motor manufacturer. Our bid also covers a non-witness "short commercial test" on motor including furnishing six (6) copies of these certified test reports. 3.18 Guarantee: Guarantee must be limited to manufacturer's guarantee on equipment of their manufacture:. Guarantee on both pump and motor cover replacement of defective parts, fob Denton, Texas, but-do not include labor charges to install. 4.04 Liquidated Damages: Shipping promise listed in our bid is conservative and our suppliers feel certain they will have no difficulty meeting or improving this schedule. However, they will not accept an order listing liquidated damages for delay in shipment. Since we are dependent on the manufacturer for shipment, DALLAS • KILGORE • SAN ANTONIO • SHREVEPORT • SEAUMONT • CORPUS CHRISTI • NEW ORLEANS • JACKSON. MISS. MUNSON- City of Denton February 16, 1967 Page 2- we must take exception to this part of the specifications. Discharge flange on unit quoted will be 250# ASA and suction flange will be 125# ASA. Yours truly, SOUTHERN ENGINE & PUMP COMPANY C ov~r W. A. Courreges WAC/jf cc-Houston office Data sheet: Pump' 1. Fairbanks-Morse Figure 5825, horizontal split case pump. 2. 1200 RPM 39 26j" diameter impeller. 4. "0*" Maximum diameter impeller. 5• i411-125# ASA 6. 1011-250# SSA 7. 320 Feet Tongue and groove. 104 See bulletin for description. 11. Fast Model B size A self-aligning coupling as specified. 12. SKF6220 guide bearing and two SKP7220G thrust bearings. 1 None 16. 520n HP 17. 12 Ft. 6 design point. 18 Ft. 0 minimum h$ad of 180 Ft. Motor: i 18. Westinghouse horizontal squirrel oage induction motor. 19. 500 HP 209 Oil ring lubrioated sleeve bearings. 21. 605% 22. 93.3% 2 . 93M . See attached bulletin for description. Weights., „ 25. Weight of Pump: 5J50 lbs. 269 Weighb of Motor: 3t300 lbs. 27o Weight of Rotors ■ 2 . Weight of Bedplate & Couplings 1815 lbs. 29• Weight of Complete Units 11#365 lbe. Effioiencies: 30. Overall Unit Effioienoy at rated condition: 759 SOUTHERN ENGINE do PUMP COMPANY By: Q Cowuelt, W. A. Courreges City of Denton, Texas - Oontraot No. 67-2 - High Service Pumping IIn~t FAIRBANKS, MORSE & CO. Pump $ Hydraulic Division PERFORMANCE._L.0_FIG.-- 5815 - 120 R,P.M. - 25 HYDRAULIC PERFORMANCE IS IMPELLER v+t,~IA CONTINGENT ON FURNISHING CITY OF DE NTON, TEXAS THE PUMP WITH SPECIFIED AMOUNT OF CLEAR, FRESH. CONTRACT N0. 63-2 SOLIDS , NON-AERATED WATER NOT TO SxCli SERVICE PUMPING UNI rGXCEEO 850 F. REFERENCE 49790CP i 6400 ;GPM Va. 2501 TDFi . 5001.} i~...'..i..,.~ I ' f ` .500 ' DIA. . N c ? WA50. : R50 W 1 > I~ ~ I ~p Fp ~ i R00 Q W W, i50I.- 27 350.U.~ a 0~25- 0~' 1 Z' 1 A >Z-30 300 z ,°t a} O 1 24~~ i Zh 0. j d(250... I 250 Q • ' i , 'I , t + 2005. V0 200 0 , i i II of 30-V,2 D(k f~~ +W 600( I , 27,i r- 60004 0. to, I (n LC400 O ; . 1 .400 fr 2411 , O W200 00W 2d. p 20, i { 1 1dJQ i,,i{+t ,I fI I , l;,., s I.o til i , , I r , + 1..~~T,; .b_•(L I ZI .o 00' 4000 -.6000 soon loooo_.'_ ? , J FOAM NO.~APC -100.53 U. S. GALLONS PER MINUTE ' h er wood CONTRACT AGREEMENT STATE OF TEXAS d COUNTY OF Denton THIS AGREEMENT, made and entered into this 16 day of March A.D., 19 67 by and between _ the City of Denton of the County of Denton and State of Texas, acting through its Mayor thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and Southern Engine & Pump Company of the City of Dallas County of Dallas and State j Texas Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agree- ments hereinafter mentioned, to be made and performed by the Party of the First Part (OWNER), and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part %CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follow Furnish and deliver one (1) 69400 GPM, 500 horsepower, horizontal, centrifugal pumping unit - Contract 67-2 and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement; and at his (or their) own proper cost and expenbi to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Speoial Conditions, the Notice to Bidders 1 9-1-66 t (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefor, as prepared by FREESE, NICHOLS AND ENDRESS, herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and the ENGINEER, all of which are made a part hereof and collectively evidence and constitute the entire Contract. The CONTRACTOR hereby agrees to commence work on or after the date established for th, start of work as set forth in a written notice to commence work and to substantially complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this Contract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. ATTEST : City of Denton, To.. Party of the First Part, OWNER 04 By Warren Whitson, Mayor Title (SEAL) ATTEST: Southern Engine & Pump Comparq Party of the Second Part, CONTRACTOR W. A. Courreges, Vice-preei ent Title (SEAL) /r , 2 SACK Q. BARTOK . 4-1-66 &M AHORM PERFORMANCE BOND STATE OF TEXAS COUNTY OF Denton ¢ KNOW ALL MEN 13Y THESE PRESENTS: That Southern Engine & Pump Company of the City of Dallas County of Dallas , and State of Texas ' as PRINCIPAL, ar.d Hartford Accident and Indemnity Company ' , as SURETY, authorized under the laws of the State of Texas to acct as surety on bonds for principals, are held and firmly bound unto the City of Denton, Texas as OWNER, in the penal sum of Thirteen Thousand Nine Hundred & Seventy Seven Dollars ($_13,9?7.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Prinoipai has entered into a certain written contract with the OWNER, dated the 16 day of March , 19 67 for the Furnishing and delivering of one (1) 6,400 GPM, $00 horsepower, horizontal, centrifugal pumping unit - Contract 67-2 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 shalt faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the cove- nants, conditions and agri3ements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED,. HOWEVER, that this bond is executed pursuant to the 3 9-1-66 provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of tho 56th Legislature, Regular Sessions 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 FULTHER, that if any legal action be filed upon this bond, venue shall lie in _ Denton County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed there- under. IN WITNESS WHMEOF, the said Principal and Surety have signed and sealed this instrument this 16 day of March , 1967 Southern Engine & Pump Company Hartford Accident and Indemnity Company Principal StY By ~ au 7 es Jackso , ► to ney- in- Fact Title W. A. Courreges, Vice-presid nt Titl !1214 ewe Address Address r (SEAL) (SEAL) The name and address of the Resident Agent of Surety iss Note: 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: ThatSouthern Engine & Pump Company , of the City of Denton County of Dallas , and State of Texas , as PRINCIPAL, and Hartford Accident and Indemnity Cou;pany as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the City of Denton, Texas as OWNER, in the penal sum of Thirteen Thousand Nine Hundred and Seventy Seven Dollars 13,97?•OO) 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 Princippal has entered into a certain written contract with the Owner, dated the ib day of March 1917 for the furnishing and delivering of one (1) 6,400 GPM, 500 hcesepower horizontal, centrifugal pumping unit - Contract 67-2 , which contract is hereby referred to and made a part hereof as fully and to the sage 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 snd material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void; otherwise to romain in full force and effect; PROVIDLD, f.OWEVER, that this bond is executed pursuant to the pro- visions of Article 5160 of the Revised Civil Statutes of Texas as amended by sots 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 lbgal action be filed upon this bond, venue shall lie in Denton County, State of Texas. ' S 9-1-66 Surety, for value received, stipulates and agrees that no change, ex- tension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 16 _ day of _ March 196• Southern Engine & Pump Co. Hartford Accident and Indemnity Company Principal Surat esJ~ok~on, A or ey-in-Fact Title W. A. Courreges, Vice-press ent Titl 1212 N.r j Address Address (SEAL) (SEAL) The name and address of the Resident ~ant of Surat is- Note: Date of Bond wust"not be prior to date of-Contract, 6 9-.i-66 GENERAL CONDITIONS OF AGREEMENT 1. EU INITIONS OF TERMS 1.01 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and the ENGINEER are those mentioned as such in the Agreement. They are treated throughout the Contract Documents as if each were of the singular number and masculine gender. The ENGINEER shall be understood to be the ENGINEER of the OWNER or his duly authorized representative. 1.02 CONTRACT DOCUMENTS. The Contract Documents shall consist of the Notice to Bidders Advertisement for Bids), Instructions to Bidders, Special Provisions o: Special Conditions, Proposal, Contract Agreement, Performance Bond and Payment Bond (when required), Special Bonds (when required), General Conditions of the Agreement, Technical Specifications, Plans, and all modi- fications thereof incorporated in any of the documents before the execution of the agreement. The Contract Documents are complemmntary, 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 Contract Documents, the CONTRACTOR shall call the conflict to the ENGINEERIS attention in writing and he shall decide the conflict in writing, and the ENGINEER'S decision shall be binding. 1.03 SUB-CONTRACTOR. The term Sub-contractor, as employed herein, includes only those having a direct contract with the CONTRACTOR, 1:04 WRITTEN NOTICE. Written notice shall be deemed to have been duly served if delivered in person to the individual or to A member of the firm or to An officer of the corporation for whom it is intended, or if de`Livered at or sent by registered frail to the last business address known to him who gives the notice. 140 5 WORK. Unless otherwise stipulated, the CONTRACTOR shell provide and pay for a materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, pawgr, fuel, transportation, and other facilities and services necessary for the execution and completion of the work oovered by the contract documents. Unless otherwise specified, all mat,Qrials shall be now and both workmanship and materixls,shall be of a good quality. The CONTRACTOR shkll, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in woM s-which so applied have'a well known technical or trade ma-airg shall be held to refer to such recognized standards. 1.06 WORKING DAY. A "Working Day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather will permit con• struction of the principal units of the work for a period of not less than seven (7) hours between'7:00 a.m. and 6:00 p.m. 7 9-1-66 1.07 DAY. A "Calendar Day" is any day of the week or month, no days boing crxcepted. 1.08 WORK WEEK. The "Work Week" shall consist of a period of seven (7) successive calondar days to begin and end as specified by the CONTRACTOR. 1.0 SUBSTANTIALLY COMPLETED. By the term "Substantially Completed" is meant that the structure or facility has baen grade suitable for use and all construction completed except for minor repairs or miscellanebua 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 2101 LINES AND GRADES. Unless otherwise specified, all lines and grades shall be furnished by the ENGINEER. Whenever necessary, construction work shall be suspended to permit performance of this work, but such suspension will be as brief as practicable and the CONTRACTOR shall be allowed no extra compensation therefor. The CONTRACTOR shall give the OWNER or the ENGINEER ample notice of the time and place where lines and grades will be needed, All stakes, narks, etc., shall be carefully preserved by the CONTRACTOR, and in case of careless destruction or removal by him or his employees, such stakes, marks, etc., shall be replaced at the CONTRACTORtS expense. 2.02 VNGINE21S AUTHOR DUTY. The ENGINEER shall have the right of supervision of the work, to the limited extent hereinafter mentioned, for the purpose of seeing that the improvements are constructed in conformity with the contract. It is understood aad agreed, however, that the ENJ INEER'S supervision te.for the sole purpose of seeing that the improvements are constructed in accordenop with the contract, to the and that the OWNER upon completion will have improvements combsr'ming to the plans L s~peoiti cations and other contract documents, The EiEINEER is the ENC NR of the OWNER, As aforesaid, and all supervision and other duties of the ENGINEER under this contract y,re for the sole benefit of the OWNER, the parties hgreby,.pxp eesly negating any intent that these provisions shall inesRe to the be 'of aIU►or~e not a party, to this agreement, The CONTRACTOR is and sh4 xemsain an'independent contractor, solely responst6le for the manner pnd_ipothod"of eceomplishtng his work hereunder, and the safety of hinself' his o to oe S s &W.othei persons by reason of.his operations hero under: 'The ,ENG' authority in this regard shall be limited to a right of veto .with:i'ospe 4 to iG thods,whioh4in the ENGINEER'S opinion wquld ,eted improvgrQ~entie conforming to the contract. The ENaTI R prevent the cpm pX shall have the authority to stop the Kork wherever such stoppage maybe necessary to insure the proper execution of the contract. In ordor",i,R,p eYenfi~ del ,s and disputes and to discourage litigation, amounts' t~6r Zeed`iha „the EWjIZM shall in all cases determine the and quantities o the several kinds of work which 8ro to be paid 8 9-i-66 for under this contract. He shall determine all questions in relation to said work and the construction thereof, and shall in all cases decide every question which may arise relative to the execution of this contract on the part of said CONTRACTOR. The ENGINEER'S esti.matoo and findings shall be the conditions precedent to the right of the partial 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 rends. any decision or give any direction which, in the opinion of either party heretu, is not in accordance with the moaning 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. 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 ENGINEER fail to make such decision within a reasonable time, an appeal to arbitration may be taken as if his decision has been rendered against the party appealing. Whenever the words "directed". "required", "permitted", "designated", "considered necoosary", "prescribed", or words of like import are used, it shall be undo,-stood that the direction, requirement, permission, order, designation or prescription, of the ENGINF'R is intended; and similarly, the words "approval", "acceptable", "satisfactory", or words of like import shall mean approved by or acceptable or satisfactory to the ENGINEER. 2.03 SUPERINTENDENCE AND INSPECTION. It is agreed by the CONTRACTOR that the ENGINEER shall be a is ereby authorized to appoint from time to time such subordinate engineers, supervisors or inspectors as the said ENGINEER may deem proper to inspect the material furnished and the work done under this agreement, and to see that the said material is furnished and said work is dons in accordance with the specification therefor. The CONTRACTOR shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper i.ispection and examina- tion of the work. The rulings and decisions of any such subordinate engineers, supervisors or inspectors so appointed, when consistent with the obligations of,tiis agreement and the accompanying plans and specifications, shall have thr, same force and effect as rulings and decisions of the ENGINEER hereunder; provided, however, should the CONTRACTOR object to any ruling or decision by such subordinate engineer, supervisor or inspector, the CONTRACTOR may within six (6) days make written appeal to the ENGINEER for his decision. 9 9-1-66 2.Us CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONI-RACTOR shall give per- sona attention to the faithful prosecution and completion of' this contract and shall keep on the work, d,iring its progresi, a competent superintendent and an.1 necessary assistant, all satisfactory to the ENGINEM. The super- intendent shall represent the CONTRACTOR in his absence and all directions given to him s)-,all be as binding as if given to the CONTRACTOR. The CONTRACTOR is and shall at all times remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, so long as such methods do not adversely affect the completed improvements, and solely responsible for the safety of himself, his em- ployees and other persons, as well as the safety of the improvements being erected and the property o`' himself or any other person, as a result of his operations hereunder. The CONTRACTOR is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements, the OWNER and ENGINEER being interested only in the result obtained and conformity of such completed improvements to the plans, specifications and contract. Likewise, the CONTRACTOR shall be solely responsible for the safety of himself, his employees Ind other persons, as well as the safety if the improvements being erected and the property of himself or any other person, as a result of his operations here- under. Engineering construction drawings and specifications, as well as any additional information concerning the work to be performed passing from or through the OWNER or ENGINEER, shall not be interpreted as requiring or allowing CONTRACTOR to deviate from the plans and specifications, the intent of such drawings, specifications and any other such instructions being to define with particularity the agreement of the parties as to the work the CONTRACTOR is to perform. CONTRACTOR shall be fully and completely liable, at his own expense, for design, construction, installation and use, or non-use, of all items and methods incident to performance of the contract, and. for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction. Any review of work in process, or any visit or observation during construction, or any clarification of plans and specifications, by the OWNER or ENGINEER, or any agent, employee or representative of either of them., whether through personal observation on the project site or by means of approval of shop drawings for temporary construction or construction processes, or by any other means or method, is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature of work completed or being performed, as measured against the drawings and specifications constituting the contract, or for the purpose of enabling CONTRACTOR to more fully understand the plans and specifications so that the completed construction work will conform thereto, and shall in no way relieve the CONTRACTOR from full and complete responsibility for the proper performance of his work on the project, including but without limitation the propriety 10 • I 9-1-66 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 arty such visitation or observation by the OWNER or ENGINEER, or any representative of either of them, whether called to the CONTRACTOR'S attention or not, shall in no way relieve CONTRACTOR from his responsibility to complete all work in accordance with said plans and specifications. 2.05 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of t1re 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 wady affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the ENGINEER or the OWNER, either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. 2.06 CHARACTER OF WOR1CMN. The CONTRACTOR agrees to employ only orderly and competent men, ski lful in the performance of the type of work required under this contract, to do the work; and agrees that whenever the ENGINEER shall inform him in writing that any man or men on the work are, in his opinion, incompetent, unfaithful or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the ENGINEER'S written consent. 2.09 CONTRACTOR'S BUILDINGS. 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 satisfactory to the ENGINEER. 2.08 SANITATION. Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such poin}s 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 reasonable promptness, making desired corrections. The CONTRACTOR shall make any corrections required by the ENGINEER, file with him two corrected copies and furnish such other copies as may be needed. The ENG MERtS approval of such drawings or schedules shall riot relieve the CONTRACTOR from responsibility for davir.. tions from drawings or specifications, unless he has in vriting called th.. ENGINEER'S attention to such deviations at the time of submission, nor 9%all 11 -66 Jt relieve him from responsibility for errors of any sort in shop drawings or cchedulos. 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 indeperdant contractor as previously set forth, it being expressly understood and agreed that neither the ENGINEER nor the OWNER assumes any duty to pass upon the propriety or adequacy of such drawings or schedules, or atv means or mothods reflected thereby, in relation to the safety of either person or property during CONTRACTOR'S performance hereunder. 2.10 PRELIMNARY APPROVAL. The ENGINEER shall not have the power to II waive the obligations of this contract for the furnishing by the CONTRACTOR of good material, and of his performing good work as herein described, all in full accordance with the plans and specifications. No failure or omission of the ENGINEER to conderm 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 dis -overt' of said defective work or material; provided, however, that the ENGINEER shall, upon request of the CONTRACTOR, inspect and accept, qualify, or reject any material furnished, and in event the material has been once accepted by the ENGINEER, such acceptance 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 ENGINEM, prior to final acceptance, and if found not in accordance with the specifications for said work, all expense of removing, re-examination and replacement shall be borne by the CONTRACTOR, otherwise the expense thus incurred shall be allowed as EXTRA WORK, and shall be paid for by the OWNER; provided that, where inspection or approval is specifically 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 bear all expense of taking up, removing, and replacing this work if so directed by the ENGINEER. 2.11 DEFECTS AND THEIR REMEDIES. It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the ENGI_-VEER as unsuitable or not in conformity with the specifications, the C014TRACTOR shall, after recei of written notice thereof from the ENGINEER, forth- with 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 for the work herein contemplated, or any part thereof, either before or after the beginning of the oonstruc- tion, without affecting the validity of this contract and the accompanying performance and payment bonds. 12 9-1-66 i If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damees, or anticipated profits on the work that may be dispensed with, except as provided for unit price items under Section 5. "Measurement and Payment". If the amount of work is increased, and the work can fairly be classified under the specifi- cations, such increase shall be paid for according to the quantity actuall'v done and at the unit price, if any, established for such work under this contract., except as provided for unit price items under Section 5, "Measure- ment and Payment"; otherwise, such dditional work shall be paid for as provided under Extra Work. In case the OWNER shall make such changes or alterations as make useless any work already done or material already fur- nished or used in said work, then the OWNER shall recompense the CONTRACTOR for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally 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 effio.iencyp- or to increase his force or equipment or both, and the CONTRACTOR shall comply with such order. Such authority of the ENGINEER, however, is for the sole benefit of the OWNER and the safety of the Improvements, in order to secure their erection in conformity with this contract; it shall-remain the sole duty and responsibility of the CONTRACTOR to take adequate, precautions in his operations for the safety of persons and property,. No failure of the ENGINEER to complain of the methods and equipment of the CO;NrTRACTOR shall,, excuse or relieve Vie 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:, 301 KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE. The ENGINEER shall furnish the CONTRACTOR with an adequate and reasop4ble,hu►ab bt"Cbpt f all plans and specifications without expense to him,, " th'e CONTRACTOR shall keep one copy of the same constantly accessible on the work, with the latest. revisions noted thereon. 3.0Z OWNER$HIP OF DRAWINGS. All drawings, specifications and oopies thereof, furnished by the ENGINEER shall not be reused on other work, aro,, with tha exception of the signed contract sets, are to be returned to him on requgat, at the completion of the work. All models are the prgporty of the OWNER. 1.03 ADEQUAC-f OF DLSIGN. It is understood that the OV; R pelieve,s he has ~F employed competent engineers and designers. It is, therefore. agreed that the OWNER shall be responsible for the adequacy of the design, sufficlency, of the Contract Documents, the safety of the completed structure and the practicability of the operations of the completed project; provided the J 9-1-66 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- gcireiments 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 location on which the works herein contracted for are to be constructed or installed, by such agent or agents as he may elect. 2.05 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. .06 DISCREPANCIES AND OMISSIONS. It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with the generally accepted practice, as determined by the ENGINEER, and in the event of any discrepancies between the separate contract documents, specifications or drawings, the ENGINEER shall define which is intended to apply to the work. 3.07 EQUIPMENT, MATERIALS AND CONSTRUCTION PLANT. The CONTRACTOR shall provide all tools, equipment, machinery, materials, and construction plant and facilities necessary in the prosecution and completion of the contract, except as otherwise specifically set forth to be provided by the OWNER. The CONTRACTOR shall be responsible for the care, preservation, conservation, and proteatioh'of all mate'rial's, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction, and arty and' all parts of the work, whether the CONTRACTOR has been paid, partially paid, or not paid for such work, until the entire work is completed and accepted. 3.08 PROTECTION AGAINST ACCIDENT TO EMPLUMS AND THE FUBLIC. The CONTRACTOR shall take out and procure a policy or policies of workmen's compensation insurance with,an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workman's Compensation Law of the State of Texas. The CONTRACTOR shall at all times exercise reason- able precautions for the safety of employees and others on or near the work and shall comply with' all applicable provisions of Federal, State and Mini. cipal safety laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America, except where incompatible with Federal, State, or Municipal laws or regulations. The CONTRACTOR shall provide such machinery guards, safe walkwayi, ladders, bridges, gangplanks, and other safety devices as may be required as requisite to the prevention of accidents. The CONTRACTOR 14 9-1-66 l and his Sureties shall indemnify and save harmless the O'd?IT. and all his officers, agents and employees, and the ENGINEER, and r,ic, tgonts and employees, from and against all suits, actions, claims, demands or Jud,;monts, of any character, name and description, brought or asserted ae4 inst any of then for or on account of any injuries or damages to parsons or propo rty, 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 emploviles, in th3 execution of said contract or any operations thereunder, or on account of't'ze failure of any person, firm or corporation to provide necessary barricade:, warning lights or signs, or to take any other safety precautions. This agreement of indemnity shall ex- tend to and include any suit, action or claim, of any character and description, allegedly arising out of the concurrent negligence of the CONTRACTOR and/or any sub-contractor, their agents, representatives or employees, and the OWNER, or its officers, agents and employees, and/or the ENGINEER, his agents and employees; and the CONTRACTOR and his Sureties will be required to pay any judgment, with costs, which may be obtained against any party hereby in- demnified, growing out of such alleged injury or damage. The safety pre- cautions actually taken and their adequacy shall be the solo responsibility of the CONTRACTOR, in his sole discretion as an independent contractor; the inclusion of this paragraph in the agreement, as well as any notice which may be given by the OWNER, ENGINEER or their representatives concerning omissions under this paragraph as the work progresses, are intended only as reminders to the CONTRACTOR of his duty in said regard, and shall not be construed as any assumption of duty to supervise safety precautions by either the OWNER or ENGINEER, 3.09 PERFORMANCE AND PAYMENT BONDS, It is further agreed by the parties to this Contract that the CONTRACTOR will execute separate performance and payment bonds, each in the sum of one hundred (100%) perceiit of the total contract price, on standard forms for this purpose, guaranteeing faithful--performance of the work and.the fulfillment of any guarantees required, and further guaranteeing payment tV all peraQnS suppVtng labor and matoriAls or furnish- ing him any equipment in the execution of the Contract, and,it is agreed that this Contract shell not be in affect 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 shall be acceptable according 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 Certificate of Acceptance by the OWNER. The cost of the premium for the per. formance and payment bonds shall be included in the CONTRACTOR'S proposal. 3.10 LASSES FROM NATURAL CAUSES. All loss or damage to the CONTRACTOR arising out of the nature of the work tc 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 difficult!es which may be encountered in the prosecution of the work, shall be sustained and borne by the CONTRACTOR at Lis own cost and expense. 15 • 9-i-66 3.11 PROTECTION OF ADJOINING PROPERTY. The said CONTRACTOR uhall 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 undertaker, under this Agream~,nt, from i.,y damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. The CONTRACTOR agrees to indemnify, save and hold harmless the OWNER and the ENGINEER against any c1.3im 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 riot apply to any claim of any kind arising out of the existence or character of tae work. 3.12 1-2OTECTION AGAINST (7.U IMS OF SUB-CONTRACTORS, LABORERS, MATERIALMEN AND FURNISHERS 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, meterialmen, 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 furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the CON- TRACTOR fails so to do, then the OWNER may at the option of the CONTRACTOR either pay directly any unpaid bills of which the OWNER has written notice, or withhold from the CONTRACTOR'S unpaid compensation a suln of money deemed reasonably sufficient to liquidate any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully dis- charged; whereupon payments to the CONTRACTOR shall be resumed in full, in accordance with the terms of this contract, but in no event shall the pro- visions of this sentence be construed to impose any obligation upon the OWNER by either the CONTRACTOR or his Surety. 3.13 PROTECTION AGAINST ROYALTIES OR PATENTED INTENTION. The CONTRACTOR shall pay all royalties and license fees, and shall provide for the use of any design, device, material, or process covered by letters patent or copy- right, by suitable legal agreement with the patentee or OWNER. 'is:A CON- TRACTOR shall defend all suits or claims for infringement of any paten or copyright rights and shall indemnify and save the OWNER harmless from any loss on account thereof, except that the OWNER shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material, or process, or'the product of a particular t+,anu- facturer or manufacturers is specified cr required by the OWNER; provided, however, if choice of alternate desig, device, material, or process is- allowed to the CONTRACTOR, then CONTRACTOR shall indemnify and save OWNER harmless from any loss on account thereof. If the material or process specified or required by the OWNER is an infringement, the CONTRACTOR shall be responsible for such loss unless he promptly gives such information to the OWNER. 16 4-1-66 3.11 LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations, which in any manior affect the contract or the work, and shall indemnify and sravo harmless the 014MM against any claim arising from the violation of any -;uch laws, ordinances, and regulation:,, whethor by the CONTRACTOR or his em- ployees, except where such violations are called for by the provisions of tho Contract Documents. If the CONTRACTOR observes that the plans and speci- fications are at variance therewith, he shall promptly notify the ENGINEER In writing, and any necessary changes shall be adjusted as provided in the contract for changes in the work. T£ 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 :Wanner in which, or the conditions under which the OWNER may enter into contract, shall be controlling, and shall be considered as part of this contract, to the same effect as though embodied horein. 3.15 ASSIGNMENT AND SUBLET'T'ING. The CONTRACTOR further agrees that he will retain personal control and will give his personal attention to the fulfill- ment of this contract and that he will not assign by Powar 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 oh34ction- able to the ENGINEER or the OWNER. The CONTRACTOR furtl agrees that the subletting of any portion or feature of the work, or materLalt required in the performanoo.of this contract, shall not relieve the CONTRACTOR from his full obligations, to the OWNER, as provided by this Agruament. 3.16 CONTRACTOR'S AND SUB-CONTRACTOR'S INSURANCE. The CONTRACTOR shall not commence work under this contract until he has obtained all the insurance require1 0 under the t6 lowing sub'-pparagraphs'and such insurance has ba6h' approved by the OWN'tt, nor shall he'CONTRACTOR allow any pub-contractor to commence work on 'a sub-contract until such sub-contractor has obtained complete insurance coverage as required for the CONTRACTOR. 3.161 COMPENSATION INSURANCE. The CONTRACTOR shall procure and shall main- tain during the life of this contract Workmen's Compensation Insurance for all of his employees to be engaged in work on the project under this contract and, in case of any such work sublet, the CONTRACTOR shall require the sub- contractor 'simitarly to'provide Workmen't Compensation Insurance for all of the latter's employees to be engaged its such work, unless such employees are covered by the protection afforded by the Contractor's Workmen's Compensa- tion Insurance. In case any class "of employees' engaged in hazardous work on the project under this contract is not protected under the Workmen's Compensa- tion Statute, the CONTRACTOR shall provide, and shall cause each sub-contractor to provide, adequato Employer's General Liability Insurance for the protection of such of his employees not otherwise protected. 3.162 CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE. The CONTRACTOR shall procure and shall maintain during the life of t-his contract 17 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 Da=go Insurance in an amount of not less than $50,000.00 on account of one accident and $100,000.00 aggregate. The COWRACTOR 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. '1.163 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 ace idental 'death, to any one person and subject to the same limit for each person, an amount not less than $3000,000.00 on account of one accident, and automobile property damage insurance in an amount not less than $50,000.00. 3.164 SCOPE OF INSURANCE AND SPECIAL HAZARD. The Insurance required under the above paragraphs shall provide adequate protection for the CONTRACTOR and his sub-contractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the in- sured or by anyone directly or indirectly employed by him. Insurance also shall be provided against special hazards, if any, as may be set forth in the Special Conditions or Special Provisions, or elsewhere in these 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 separate policies or by additional endorsement to one of the above mentioned policies, and in the amounts as set forth for public liability and property damage, the following insurance: (a) Blasting, prior to any blasting being done. (b) Collapse of buildings or structures adjacent to exeLvation (if excavations are to ba performed adjacent to same). (c) Damage to underground utilities. 3,165 PROOF OF CARRIAGE OF INSURANCE. The CONTRACTOR shall furnish the OWE with satisfactory proof o coverage by insurance required in these Contract Documents in amounts and by carriers satisfactory to the OMINER. Proof of carriage of insurance by sub-contractors shall also be furnished. 18 9-1-66 3.17 GENERAL INDEMNIFICATION. The CONTRACTOR agrees, Without in any way limiting other provisions of this contract, to protect, indemnify and hold the OWNER and ENGINEER free and harmless from and agiiru:t any and all claims, liens, demands, liabilities, penalties and causes of nr.-t,ion of every kind and character, including but not limited to, the amountn of judgments, penalties, interests, court costs, costs of litigation and reasonable legal fees incurred by the OWNER or ENGINEER 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 CONRACTOR and Sub- Contractors) on aocc,+unt of taxes, claims, demands, liens, debts, penalties, personal injuries, death or damages to property, and without limitation by enumeration, al':. other claims, demands or causes of action of every character occurring or in aoywise 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 deviation occurs with or without the know- ledge of the OWNER or ENGINEER, and whether or not such deviations have been called to CONTRACTOR'S attention, except insofar as responsibility, if any, may be expressly assumed by the OWNER or ENGINEER under the provisions of this contract. 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 the OWNER. Where the CONTRACTOR is required to procure and furnish articles manufactured by others, the standard warranty, if any, of the manufacturer thereof shall be delivered to OWNER by CONTRACTOR in form to inure to OWNER'S benefit. This guarantee will not apply to defects of any materials or equipment fur- nished by the OWNER to the CONTRACTOR for installation.; however, the guarantee will apply to any defects in workmanship in the installation by the CONTRACTOR of such materials or equipment. When defective material and workmanship are discovered, all required repairs shall be made by the CONTRACTOR at his own expense. Such repairs shall be initiated within five (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 (5) 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 effect for a period of one year after the date of written acceptapee by the OWNER. 19 9.1-66 i 3.19 WAGE RATES. The OWNER in accordance with statutory tegvirements has determined the general prevailing rates of wages as applicable to the project, ,end 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- ence, and in such manner as shall be most conducive to economy of construc- tion; provided, however, that the order and the time of prosecution shall be such that the work will be substantially completed as a whr.le and in part, in accordance with this contract; the plans and specifications, and within 41he 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 ander 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 reasonably be requested by the ENGINEER, schedules which shall show the order in which 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 (7) days after the and of such calendar month, the CONTRACTOR shall report in writing to the ENGINEER any day 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 TIM. 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 COMACTORIS 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. 4,0' FINDRANCES 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 20 9-1-66 the work embraced in this contract. In case said work may be stopped by the act of the UdNF.ft, then such expense as in the judgment ro the ENGINEER is caused by such stoppage of said work shall be paid by the G WER to the CONTRACTOR. 4.04 LIQUIDATED DAMAGES. The CONTRACTOR agrees that time is of the essence of this contract, and that for each day of delay beyond the number of days herein agreed upon for the completion of the work herein specified and contracted for (after due allowance of such extension of time as is provided for under Extension of Time hereinabove), the CWNFR may withholt permanently from the CONTRACTOR'S total compensation, the amount per day given in the following schedule, not as a penalty, but as liquidated damages and for added expense for engineering supervision, etc. In connection with the project: Amount Amount of Liquidated Of Contract Damayes Per Day $ 100,000 or less $100 1000001 to 5009000 1ick 500,001 to 1,000,000 200 19000,001 tc. 2,0009000 300 Over 29000,000 400 5. MEASUREMENT 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 bo furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit pr_ce method, payment shall be for the actual amount of such work done and the material furnished. Where payment is based on the unit price method, the CONTRACTOR agrees that he will make no claim for damages, anticipated profits or otherwise on account of any differences wh5.ch may be found between the quantities of work actually done, the material actually furnished under this contract and Pie estimated quantities contemplated and contained in the proposal; provided, however, that in case the actual quantity of ahy item should become as much as 25% more than, or 25% less than the estimated or contemplated quantity for such items, then either party 21 9-1-66 AN to this Agreement, upon demand, shall be entitled to a revised consideration upon the portion of the work above or below 25% of the estimated quantity. Any revised consideration is to be determined by agreement between the parties, otherwise by the terms of this Agreement, as provided under "Extra Work". 5.03 PRICE OF WORK. In consideration of the furnishinZ of all the necessary lkhor, 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 prices in full for furnishing all material and all labor required for the aforesaid work, also for all expense incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this Agreement, the attached specifi- cations and requirements of the ENGINEER. 5.04 PARTIAL PAYMENTS. On or before the 10th day of each month the ENGINEER shall prepare a statement showing as completely as practicable the total value of the work done by the CONTRACTOR up to and including the last day of the preceding month; said statement shall also include the value of all sound materials delivered on the site of the work that are to be fabricated into the work. The OWNER shall then pay the CONTRACTOR on or before the 13th day of the current month the total amount of the ENGINF.ER13 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 CONTRACTOR; or the CONTRACTOR, at the OWNER'S option, may be relieved of the obligation to fully complete the work and, thereupon, the CONTRACTOR shall receive payment of the balance due him under the contract subject only to the conditions stated under "Final Payment". 5.05 USE OF COMPLETED PORTIONS. The OWNER shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work of such portions ,may not have expired, but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Docu- mdnts. 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, bot,i, 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 ENG!i~.FER'S judgement should be done, if any, in order to substantially complete the ;York. The "substantial completion" of the structure or facility shall not excuse the CONTRACTOR from performing all of the work undertakon, whether of a minor or major nature, and thereby completing the structure or facility in accordance with the Contract Documents, r.06 FINAL COMPLETION AND ACCEPTANCE. Within ten (10) days after the CON- TRACTOR has given the ENGINEER written notice that the work has been completed, the ENGINEER and the OWNER shall inspect the work and within said 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 non-acceptance. 5.07 FINAL PAY NT. Upon the issuance of the Certificate of Completion, the ENGINEER shall pro:eed 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 tNe CONTRACTOR under the terms of this Agreement, provided he has fully performed his contractual obli``;ations under the terms of this contract; and said payment shall become dus In ark event upon said performance by the CONTRACTOR. Neither the Cer- tificate of Acceptance nor the final payment, nor any provision in the Con. tra.-t'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. .08 PAYMENTS W . The OWNER may, on account of subsequently discovered evidence; withaold or nullify the whole or part of any certificate'to such extent as may be necessary to protect himself frog loss on account of: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating probable filing of claims. (c) Failure of the CONTRACTOR to make payments properly to sub-contractors or for material or labor. (d) Damage to another contractor. When the above grounds are removrd, or the CONTRACTOR provides a Surety Bond satisfactory to tt6 OWNER, whirn will protect the OWNER in the amount with- held, payment shall be made for amounts withheld because of them. 5-22 DELAYED PAYMENTS. Should the OWNER fall to make payment to the CON- TRACTOR of the sum named in any partial or final statement, when payment is 23 9-1-66 t dlie, or should the ENGINEFR fail to issue any statement on or before the date above provided, then the OWWR shall pay to the CONTRACTOR, in addition to the sued shown as due by such statement, interest thereon at the rate of six (6%) percent per annum, unless otherwiso specified, from date due as provided under "Partial Payments" and "Final Paymo:.ts". until fully paid, which shall fully liquidate any injury to the CONTRACTOR growing out of such delay in payment, but the right is expressly reserved to the CONTRACTOR in the event payments be not promptly made, as provided urd"r "Partial Payments", at any time there- after to treat the contract as abandoned by the OWNER and recover compensation, as provided under "Abandonment of Co:,tract", unless such payments are withheld in accordance with the provisions of "Payments Withheld". 6. EXTRA WORK AND CLAIMS 6.01 EXTRA WORK. It is agreed that the CONTRACTOR shall perform all Extra Work under the direction of the ENGINEER when presented with a written Work Order signed by 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: Method (A) - By agreed unit prices; or Method (b) - By agreed lump sum; or Method (C) - If neither Method (A) nor Method (B) be agreed upon before the Extra Work is commenced, then the COITRACTOR shall be paid the "actual field cost" of the work, plus fifteen (15%) percent. In the event said Extra Work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost to the CONTRACTOR of all workmen, such as foremen, timekeepers, mechanics and laborers, and materials, supplies teams, trucks, and rentals on machinery and equipment, for the time actually employed or used on such Extra Work, plus actual transportation charges necessarily incurred, together with all power, fuel, lubricants, water, and similar operating expenses, also all necessary incidental expenses incurred directly or, account of such Extra Work, including Social Security, Old Age Benefits, and other payroll taxes, and a rateable proportion of premiums on Performance and Payment Bonds, arui Maintenance Bonds, and on Public Liability and Property Damage, and Workman's Compensation and all other insurance as may be required by any law or ordinancd, 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 ENGjIPXER 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 sohedule, current at the time of such use, of Equipment Ownership Expense adopted by the Associated General Contractors of America. Where practicable the terms and prices for the use of machinery 24 9-1-66 and equipment shall be incorporated in the Written Extra Work Order. The fifteen (15%) percent of the "actual field cost" to be paid the CONTRACTOR shall cover and compensate trim for his profit, overhead, general superinten- dence and field office expense, and all other elements of cost and expense not embraced within tho "actual field cost" as herein defined, save that where the CONTRACTOR'S Camp or [Meld 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 the 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 make written request to the ENGINEER for written order authorizing such Extra Work. Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefor, and the E911NEER insists upon its performance, the CONTRACTOR shall proceed with the work after making written request for written order and shall keep an accurate account of the "actual field cost" thereof, as provided under Method (C). The CONTRACTOR will thereby preserve the right to submit the matter of payment to arbitration, as hereinbelow provided. 6.02 TIME OF FILING CLAIMS. It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the CONTRACTOR shall be in writing and filed with 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 OW11ER in writing within ten (10) days after the date of delivery to CONTRACTOR of the ENGINEER'S final decision. It is further agreed that final acceptance of the work by the OWNER and the acceptance by the CONTRACTOR of the final payment shall be a bar to any claims by either party, except where noted other- wise in the Contract Documents. 6.02 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 be three, one named in writing by each party, and the third chosen by the two arbiters so selected; or if the arbiters fail to select a third within ten (10) days, he shall be chosen by a District Judge serving the County in which the major portion of the project is located, unless otherwise specified. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, his 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 writing, the arbiters are empowered by both parties to take ex parte'proceAdings, 25 . 9-1-66 The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract. The decision of the arbiters upon any question submitted to arbitration under this contract shall be a con- dition precedent to any right of legal action. The decision of thb arbiter or arbiters may be filed in court to carry it into effect. 7. ABANDONMENT OF CONTRACT 7.01 ABANDONMENT BY CONTRACTOR. In case the CONTRACTOR should abaryion 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 ,aid notice shall be delivered to the CONTRACTOR. After receiving said notice of abandonment, the CONTRACTOR shall not remove from tae work any machineryo 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 cr-~dit therefor (except when used in connection with Extra Work, where credit shall be allowed as provided for under Section 6. Extra Work and Claims), it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. Where there is no performance bond provided or in case the Surety should fail to commence compliance with the notice fur completion hereinbefore pro- Vided for within ten (10) days after service of such notice, then the OWNER may provide for completion of the work in either of the following elective .manners: 7,411. The OWNER may thereupon employ such force of men and use such machinery, equipment, tools, materials, and supplies as said OWNER may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials. and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER,out of such moneys as may be due, or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if tue 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 boon completed by said CONTRACTOR, then the CONTRACTOR and/or his Surety shall pay the amount of such excess to the OWNER; or .012. The OMfNER, under sealed bids, after five (5) days notice published one or more times in a newspaper having general circulation in the county of the location of the work, may let the contract for the completion of the work under 26 9-1-66 substantially the same terms and conditions which are provided in this con- tract. In case of any increase in cost to the OWNER under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the CONTRACTOR and the Surety shall be and remain bound therefor. However, should the cost to complete any such new contract prove to be less than what would have bean the cost to complete under this contract, the CONTRACTOR and/or his Surety shall be credited with the difference. When 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 OWNER as the case may be, shall pay the balance due as reflected by said statement, within fifteen (15) days after the date of such Certificate of Completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the OWNER had the work been completed by the CONTRACTOR under the terms of this contract; or when the CONTRACTOR and/or his Surety shall pay the balance shown to be due by them to the OWNER, then all machinery, equipment, tools, materials, or supplieA left on the site of the work shall be turned over to the CON'T'RACTOR and/or hie 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 anti 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, materials, or supplies and apply the net sum derived from such sale to the credit of the CONTRACTOR and his Surety. Such sale may be made at either public or private sale, with or 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 other than the CONTRACTOR or his Surety, to their proper owners. The books on all operations provided herein shall be open to the CONTRACTOR and his Surety. 7.02 ABANDONMENT BY OWNER. In case the OWNER shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the CONTRACTOR, then the CCNTRACTOR 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 included'in payments to the CONTRACTOR and have not been brought into the work. And thereupon, the ENGINEER shall make an estimate 27, 9-1-66 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, on 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 28 9-i-66 , DETAIL SPECIFICATIONS CONTRACT 67-1 - RAW WATER PUMPING UNIT A, SCOPE The work covered by this contract is the furnishing and installing of one (1) vertical turbine type pumping unit as hereinafter described. Tae unit shatl be of the "shaft-driven" type and shall be oil lubricated. Pump connecting piping, motor starter, and electrical wiring shall be furnished and Installed by the Owner under another contract. Equipment to be furnished and installed under this contract consists of the complete pump- ing unit and motor with proper lubricating materials required to place the unit into operation. A drawing showing pump Installation details is included as a part of these specifications. This Contractor shall supervise and otherwise assit In the placing of the unit into operation. The Contractor will be expected to have an experienced representative present at the "start-up" of the unit. B. PUMPING CONDITIONS Rated Capacity Operating Head Minimum Speed Not C.P.M. Feet of Total Dynamic Head Horsepower To Exceed Minimum Rated Maximum 59500 150 345 400 700 1800 The total dynamic head shown above for the rated point is the head at which the efficiency of the unit will be guaranteed. However, the pump shall be capable of operating throughout the range of heads indicated with a minimum water level as Indicated below under pump setting. The required NPSH foi proposed operation of the unit shall be submitted with other data attached to bid. C. PUMP SETTING Elevation of Bottom of Pump Base 541.08 Centerline Elevation of Discharge Outlet 532.33 Bottom of Basket Type Strainer 411.00 Minimum Water Level 480.00 Normal Water Level 515.00 29 MMMMR D. PUMPS 1. General: The pump shall be a vertical unit, turbine type, with the number of stages as required to pump the capacities at the heads indicated. The pump shall consist of a motor mounted on a base, Impellers, bowls, dis- charge outlet, and column pipe extending from the motor base to the top of the bowls. The unit will be installed indoors for the purpose of pumping raw water from a water supply lake. The unit shall conform to the American Standards Association Standard Specifications for "Vertical Turbine Pumps" (B58.1-1961) except as modified herein. 2. Pump Head: The pump head shall be of low rigid construction and shall be mounted, together with vertical hollow shaft motor, as an integral unit and with a shaft adjusting nut readily accessible at the top of the motor. Suitable means shall be provided for connecting the motor to the drive shaft of the pump to prevent misalignment and vibration and facilitate removal and inspection of complete equipment. The pump head or motor shall be pro- vided with a ball or roller thrust bearing of adequate strength and design to carry the hyraulic thrust load of the impellers and weight of all rotating parts. The pump base plate shall be suitable for bolting to a concrete floor, and shall be designed to span a 2+-6" square opening. Non-reversing ratchet shell be included. 3. Pump Bowls: Bowls shall conform to ASA Specification 858.1-1961, Section 4.2.1. Pump bowls shall be of heavy duty construction and shall be capable of withstanding twice the pressure at rated capacity or one and one- half (1-1/2) time shut-off head, whichever Is greater, based on Design Con- ditions. The bowls shall not be coated with enamel or other type of coating. 4. Impellers: The Impellers shall be one piece bronze castings, machined accurately to dimension, with blades carefully scraped to Insure smooth passageways. The impellers shall be statically balanced, shall have non- overloading characteristics, and shall have head characteristics as steep as possible so that an increase or decrease in the operating head from the design point will not cause an excessive decrease or increase in the pump capacity. Impellers shall be attached and locked to the pump shaft in such a manner that they may be easily removed and that they will not work loose for any reason. A guide bearing shall be provided auove and below each stage to keep the impellers accurately centered. The Impellers shall iaot be coated with enamel or other type of coating. 5. wearinx Rinxa: Each impeller and case shall be provided with re- newable bronze wearing rings at the running joint between the impeller and case. The rings shall be made to limit gauges so that they may be renewed without fitting, and shall be so designed that they are not dependent on excessively small clearances to prevent leakage. 6. Shdf± : Line shaft Wial l inaeL tole roqutret.ont nf ASA Specification B59.1-1961, SeLLjon 4.2.4, with horsepower requlremiit based upon maximum horsepower requirement of pump at any point in the range of the pump. 30 A rigid type shalt coupling shall be provided below the motor base at the top of the pump shaft and bottom of the motor shaft. Tho coupling shall be adequate in strength and design to transmit the hydraulic thrust from the pump to the Mott[ thrust bearing, and to develop the full torsional strength of the shaft. Two dlametri.ally opposite openings in the column or motor base shall be piovideo for a.cess to the coupling. The impeller shaft shall be F[ 416 6tainleyi steel, or approved equal, designed to meet strength requirement not less than horsepower ratir.g of motor, 7. Line Shah Btarings: the line shaft bearings, which also shall act as ,aria-Ling coupling fir the iections of oil tubing, shall be spaced to eliminate shaft whip and vlbtatlon. Maximum spacing shall be five (51) feet. Line shaft bearings shall ccnfotm to the ASA Specification 858.1-1961. 8. Shatt-Enclosing` tube The shaft•enrlosing tube shall be made of extra strong steel pipe in intecrhangeable sections not more than five (51) feet in length. Shaft-enclosing tubes shall conform to ASA Specification 858,1-1961, Section 4.2.6. 9. Discharge Column Pipes: The pipe size shall be such that the friction loss will not exceed five (5") feet per one hundred (1001) feet based on the rated capacity of the pump, Discharge column shall conform to lie require- ments of ASA Specification 858.1-19511, except as modified herein. Column. pipe shall be in lengths not exceeding five (51) feet. Sections shall be joined by means of machined flanges to provide true alignment of the column. Flanges shall be ASA, Class 125. Pipe shall be equal to "API Specifications for Casing, Tubing, and Drill Pipe", (API 5A) • Grade H-40, 10. Discharge Outlet: The pump discharge may be a long radius bend or a right angle outlet. An outlet of the right angle type shall be provided with an adequate number of streamlined guide vanes to minimize the turbulence and head loss in the bend, the outlet shall be 16-inch in site, of the flanged type, faced and drilled ASA Class 125. 11. Screens the pump shall be provided with a galvanized wire basket type screen of standard design and adequate opening areaways, and shall con- form to Section 4.1.5 of the ASA Specification B58.1,1961. 12. Lubr.(at 1cn° Shaft bearings shall be oil lubricated. An oiler having a visible means of determining the Tate of ail flow shall be supplied. Oil reservoir shall be nrit les than four (4) quart capacity and shall be provided with a solenoid operated valve to be wired into the motor starter. E, MOTOR Electric motor shall be of the vertical, hollow-shaft, squirrel-cage, in- duction type. Motor shall be 23UO volt, rode F, 3-phase, 60-cycle, with a speed suitable for direct ronnaction to the pump furnished. Motor shall be of minimum size shown in the tabulation :.ndef "Pumping Conditions", but shall be of a site su:h that the name plate rating of the motor will not be exceeded 31 at any point within the heap range shown under "Pumping Conditrcns" end ex-ceded not mere than )•petcent at any point outside this range, including shut off condition. M-i)r ,hall operate continuously at rated load voltage, and frequency with d temperature rise not to exceed 60 C, based on ambient temperature of 40~ c, n-)►mai conditions of ventilation, and sea level ele- .,aticn, Motor inail have glass "8" insulation, Motor shall be manuta.tured by Allis-Chalmers or an approved equal. Motor manufacturer shail have a minimum of 5 years experience manufacturing motors ,~f this size and tvpe, including a 5-year satisfactory service record for m?t)r; installed in this general area, Motor shall ~:ontr,rm to the design, coi,struction and performancF require- manta of the latest motoi -,tandards of the National Electrical Manutacturets Association, Motor shall be designed so that the service factor of 1.15 as defined by the NERA may be applied. Motor shall be designed for full voltage a--rosa the line startintt- Motor shall have thtu3t bearings adequate to carry the weight of the rotating element and the hydraullc thrust of the pump at maximum conditions with a liberal factor ~f safety, Motor base shall be machine fitted to the pump head to provide even bearing throughout and proper shaft alignment. Oil reservoir shall be liberal in size with gauges for indicating the level of the oil in the reservoirs and :cutlets for draining the reservoirs. The general construction cf the motor shall be as simple as possible con- sistent with reliable and satisfactory operation. Workmanship, design and finish shall be first class in every respect. F, MARKING Pump and drive shall have a standard name plate secvreiy affixed In a con- spicuous place showing the rating, serial number, and name of manufacturer as well as other usual nameplate data. G. SHOP PAINTING The exposed inteil.ir of all castings shall be cleaned and rubbed to a smooth surface before receiving paint, All unfinished exterior iron work shall be cleaned, filled and g,ven one coat of the best quality "Detroit Graphite" paint or equal, mixed with pure lins.aed oil. The interior of all castings and parts to be panted shall he givkn hree coats of an approved metal paint, The grade ono^icr of paint ased, and the workmanship, shall be entirely satisfactory to the Ergineer, F rished parts shall be coated with approved rust preventing comp,jund before shipment, H. FACTORY TESTS OF PUMPING UNIT The efficiency of the pumping unit, including electric motor, shall be tested at the specified total rated head. In addition, the unit shall be teSLed at heads throughout the range of operation of the unit. Due to the 32 length of pump calumn, a .Icse coupled teat will be permitted, with the olumn 11)s a calculated and reflected in the test data. CertIf led copies of the test data and performance curve, shall be submitted to the Owner. The curve,, shall contain all ini:,,matron ,,utlinecl in the paragraph "Characteristic (urves" under Section "K" below, Pumping unit shall not be shipped until Lest data has been appr,-voed. the overall effr_ten.y shall bt ai,vlattd to tetle,,t the actual tested b.jwl assembly eftl~len.y, and the clumri loss, motor less, etc, Before the pump is shipped, the (-ontra.tur shall -vbmit a certlllvd rep')rt of factcry test of bowl a_bembly and the the~4rati.al Ildta AerlaLIC curves for the com- pleted pumping unit, The efficiency will be ccmputed as equal to the water horsepower dlvi@pc! by the electric power input to tht unit. Pump shall be Lested in accordance with the Pest C•;de of the Hydraulic Institute. Quantity of water shall be measured by Venturl meter, or by meesuring device acceptable to both parties. Test of motor shall be made in acc-~ordance with the Standardization Rules of the American Institute of Electrical Engineers. A standard commercial test shall be performed on the motor at the factory and certified reports of test shall be furnished with the other test data, Factory tests of the unit shall be "witnessed" by at, independent laboratory and/or other authorized representative of the Owner. The cost of the independent laboratory's services will be paid directly by the Owner. However, in case of failure of the uni. to meet the specift:ation requirements, the cost of laboratory services for re run test,, will be "back•chatged" to the Contractor by the Owner. 1, ASSEMBLY PRIOR TO SHIPMENT Unit may be disassembled for shipment, but the Contractor shall certify that at the factory, prior to shipment, the unit has been completely assembled, each part to each adjoining part, and that the pump and motor has been aligned. 1. INSTALLATION 01' PUMPING UNIT This pumping unit is t-. replace an existing pumping unit. As a part of this _ontract, the existing unit shall be removed and hauled to the City Warehouse in Denton for storage. The existing unit is a vertical turbine pump* similar to the proposed unit, equipped with a 1U0 horsepower electric motor. Column pipe is in 51-0" lengths, with the lame bowl setting as proposed for the new unit, Care shall be exercised not to damage the existing unit as it is being removed, the assembly and installation of the now unit shall be by personnel who are experienced In the installation of pumping units of this type. The base plate bhall be leveled, an~hared into place with expansion bolts, and grouted with Embeco grout, Extreme care shall be taken to ensure proper alignment oetueen the discharge tee and the existing discharge piping to which the pump will be connected. 33 Piping connections and electrical wiring will be done under another contract. K. ACCEPTANCE TEST Upon the completion of installation of the unit, including wiring and piping, the Contractor shall conduct a performance test to demonstrate that the pump complies with all the requirements of these specifications. The test shall be conducted In a manner approved by and in the presence of the Engineer. The purpose of the acceptance test is to verify the satisfactory performance of the unit with regard to noise, alignment, vibrations general operation, etc. The unit must perform in an acceptable manner before final payment is made by the City. L. INFORMATION TO BE SUBMITTED WITH BID 1. General: The Bidder shall furnish a complete description of all equip- ment offered under these specifications, including catalogues, cuts, and pertinent engineering data. Where the Bidder's product differs from the specified re- quirements and/or catalogue description, each point of difference shall be clearly stated. This requirement is set forth to facilitate the review of bids and Is not to be construed by the Bidder as waiving ony of the requirements of the specifications. 2. Characteristic Curves: ChAraoceriat:c curves for pumps offered shall be submitted with the bid. Curves shall show the capacity, net positive suction head required, heads efficiency and brake horsepower throughout the range of the pump. Characteristic curves for pumps shall have the capacity plotted as abscissa and the operating head, brake horsepower, and efficiency plotted as ordinates. Curves shall cover the full range of operating from shutoff to maximum capacity. 3. Guaranteed Efficiencies: A statement of guaranteed overall efficiency for pumping units with electric motor-drives at the specified heads shall be submitted with the bid as provided in the bid form. 4. Date Sheet: Date sheets supplying the following information for each unit of equipment shall be submitted with the bid: ( 1) Make and type of pump ( 2) Number of stages in bowl assembly ( 3) Diameter and wall thickness of discharge column ( 4) Diameter of line shaft ( S) Diameter and width of impeller ( 6) Maximum diameter impeller for bowl furnished ( 7) Diameter of discharge flange ( 8) SAE grade of steel for line shaft ( 9) Axial thrust on line shaft (F) in pounds (10) Combiner) shear stress (Pt) of line shaft In pounds per square inch (11) Frickion loss in discharge column at rated capacity (600 4jPM) In feet per 100 feet of column 34 t I (12) Velocity in discharge column at rated capacity (13) Shut-off head of pump (14) Maximum horsepower requirement of pump (15) Horsepower requirements of line shaft - H.P. per 100 feet of shaft (16) Total maximum horsepower requirements of pumping unit at the point of connection to motor (17) Not positive auction head required (18) Make and type letter of motor (19) Speed - RPM (20) Brake horsepower of motor at 40 degree C rise (21) Type of motor bearings (22) Maximum starter current in percent of full normal toad (23) Motor efficiency at full load (24) Motor efficiency at 3/4 load (25) Method of insulating and impregnating motor coils Welahts (26) Weight of complete unit (27) Weight of bowl assembly (28) Weight of pump base (29) Weight of discharge column per 10 foot section (30) Weight of motor Complete Pumping Unit (31) Overall efficiency at Design Conditions M. GUARANTEE It shall be guaranteed that the pump, motor, and accessories will meet the operating conditions stated herein, and the Contractor shall make good any defect of material or workmanship developing within one (1) year from date of acceptance, at no expense to the Owner. N. COMPARISON OF BIDS In compariiig the bids, the Owner reserves the right to take into consider- ation the lump sum price bid for the equipment and the estimated operating cost based on overall guaranteed efficiencies. The basis of computing capital costs of operating efficiencies are as follows: Power Rate 1; per KWH Interest Rate 4-1/2% Life of Pumping Units 15 Years Percent of Operation 20% 35 0. FAILURE TO MEET EFFICIENCY GUARANTEE In the event the results of the specified factory tests show that the pumping units have a lower efficiency than that guaranteed, the City may accept the units at a reduced price. The reduction in price shall be computed on the basis of 50% more than determined in thn valuation of efficiencies set forth above. In the event the actual overall efficiency is so low as not to be acceptable to the Owner, the manufacturer shall make such minor adjustments as required to meet the original guarantee. If major adjustments art required, the defective unit shall be replaced with a new unit meeting the specifications and guarantees. P. ERECTION ENGINEER This Contractor will be required to furnish the services of an Erection Engineer at the "start-up" of the unit. It shall be the responsibility of the Erection Engineer to verify final adjustment end place the unit into operation. The cost of these services shall be included in the lump sum bid for the unit. Q. PAYMENT The City will pay eighty (80X) percent of the bid price of any unit of equipment upon the delivery of the complete unit at Denton, Texas, However, the eighty (80X) percent payment will not be made unless factory tests show compliance with the guaranteed performance requirements. Final payment of the remaining twenty (20X) percent will be made within approximately thirty (30) days after completion of installation and satisfactory teats of the equipment. In the event installation and tests are not made within six (6) months after completion of delivery, final payment will be made at the end of the six (6) months. END OF CONTRACT 67.1 36 CONTRACT 6Z-2-- HIGH SERVICE PUMPING UNIT A FCOPE This :entra,;t :cvnrs ••he f arnishing and delivery of one (1) horizontal .entrifugal pumping unit. Krnying unit shall be a single stage pump driven tv an induction rotor, The V ner will furnish starting equipment, installa- ti- n, connecting piping, anri wiring under a separate Contract. Phis Gontractor shall supervise and otherwise assist in the placing of Fr,d .snit into ;Terati.cn. The Contractor will be expected to have an experienced reVro5entative present at the ":tart-up" of the unit. B. PUMPING CONDI'T'IONS Rated Operating Head Capacity Feet of Total Dynamic Head Minimum Speed Not GPM Minimum Rated Maximum Horseparer to Exceed 6,400 180 250 300 500 1200 RPM The total dynamic head shown above for the rated point is the head at which the efficiency of the unit will be guaranteed. However, the pump shall be capable of operating throughout the range of heads indicated. The required NPSH for proposed operation of the unit shall be submitted with other data attached to bid. Suction conditions may vary from a suction lift of 8 feet tc a suction head of 12 feet.. C. PUMPS 1. General: Each pump shall be of the volute type, horizontal shaft, double suction, side suction and discharge, single stage. Direction of rota- Qcn, when viewed from motor end, shall be clockwise. 2, Casing: Casing shall be of strong close grained iron split hori- znntally, with suction and dischargo nnznlos cast integrally ir. '-wer half so that upper part ray t.n rontmed for inspection of rotating partL without disturbing pipe connectioni and pump alignment. The joint between halves of Ve casing shall be heavily flanged and bolted and provided with dowol pins tc insure accurate dlignment.. The interior shall be smooth and free from surface defec•tr, Flanng shall to . «Q ralid, with drilling and dimension. conforming to the 256 }vw& American Standard and spot fpced on the back of all bolt holes, Casing shall Le tested at manufacturer's stop under a hydro- static preezure of 25G prundv per square inch. Eye bolts or lifting lugs for lifting and esuitalle 'afped openings for priming connections, gages and az a ago shall Q prcv Aed, 3. Weller; Vy W er shall be of double suction encloced type, We ontireiy of bronze, finished smoctn all over and of ample strength and stiff- ness for maintaining this mixarr,m capacity of the unit. It stroll be accurately 37 s i hydraulically anc ~zechanically balanced to avoid vibration and and thrust, and shall be keyed to he shaft and securely held in axial position on the shaft F,; means of bronze shaft sleeves properly secured to the shaft so that it cannot to coma unfastened when the pump is reversed. 4. Wearing Rings: At the running joint between suction and discharge chambers, renewable bronze wearing rings of approved type shall be provided on both casing and impeller. The casing rings shall be secured by dowel bolts on ol.her approved method. Impeller rings shall be screwed or securely bolted or so fastened that they cannot become loose when the pump in reversed. The rings shall be made to limit gages, so that they may be renewed without fitting. They shall be so designed that they are not dependent on excessively small clearance to prevent leakage. 5. Shaft: The Shaft shall be of such dimensions that the maximum fiber stress due to combined bending and twisting moments shall not exceed 8,000 pounds per square inch under the most severa conditions of operation. Shaft sleeves shall extend from impeller hub through stuffing box. They shall be bronze and shall be readily renewable. 6. Stuffing Boxes: Stuffing boxes shall be water sealed, and shall be designed to insure tight packing without excessive wear or friction on the shaft, and to prevent air leakage into the pump under all conditions of opera- tion. Sealing water shall be taken from high pressure side of the volute. Glands shall be of bronze, shall be split type, and shall be held in place by swing bolts. Drip pockets shall be provided on all water sealed glands, and shall be piped to common drains to take care of leakage. 7. Couplings: Flexible couplings between the pump and motor shall be of heavy duty type, designed so that the pump shaft may be removed without dis- turbing the position or adjustment of the driving unit. Couplings shall be Fast's Self-Aligning Coupling as manufactured by the Kopper's Company, or approved equal. Horizontal surface of the coupling shall be machined parallel to the axis of the shaft; faces of couplings shall be machined perpendicular to the axis of the shaft. 8. Pearinas: The bearing shells shall be rig;dly supported by suitable brackets cast integrally with the pump casing. The bearings shall be so arranged as to prevent water from finding its way to them. Bearings shall be of the babbited ring type, horizontally split, with renewable caps or approved ball or roller anti-friction type. Outboard bearings shall be cap- able of taking the end thrusts. 9. Balance: All rotating parts shall be machined true to insure rota- tional balance with the impeller mounted on the shaft together with the coupling and other parts that may be mounted on the shaft, such that the pump shall be free from vibration. 10. Base Plates: Pump and motor drive shall have a common base plate with raised lip and tapped for drainage connections. Base plates shall be cast iron 38 of the box pattern or fabricated steel, heavily ribbed and of sufficient strength an-1ciepth to insure rigidity and so designed as to make a good axpearance, and prcelded with adequate grout holes. Base plates shall be Frrvided with planned support cr bearing pads for the plump and motor. It shall be drilled to receive e suitable number of f rnirdation bolts. Founda- tion b,)lts cLmpl.ete with sieel'e7, -~a:-hers, nits, etc., Shall be furnished with each primping unit ani ~hihped within thirty (30) days after the award of ^rn4.ract. It. Cock and Plug, Pwrip shall be Equipped with air cock and drain plug. D. MOTOR Motor for driving the pumping unit shall be squirrel cage induction, 2,300 volts, 3-phase, 60-cycle, Code F, 59760 RPM, maximum, and of same speed as pump being driven, and of a horsepower rating adequate for the horsepower requirements of the pump throughout the operating range of the unit, but in nu event shall the horsepower be less than 500 horsepower. Motors shall operate continuously at rated load, voltage, frequency and power factor with a temperature rise not to exceed 60 degrees Centigrade. Thls temperature rise shall be based on an ambient temperature of 40 degrees Centigrade, normal conditions of ventilation. The motor shall be so designed that the service factor of 1.15 as defined by the National Electric Manufacturers Association may be applied. Motor shall be capable of starting when the pimp is operating against a check valve having a full head on the discharge side and shall be so designed for start- ing and breakdown torque characteristics as required for driving the centri- fugal pump. The motor shall be designed for full voltage starting. Motor shall be capable of delivery of rated horsepower continuously when the voltage variation does not exceed ten (10%) per cent above or below normal. The general construction of the motor shall be as simple as possible, consistent with reliable and satisfactory operation, Workmanship, design, and finish shall be firm.-class in every respect. Bearings shall be oil ring type and self-tiling and shall have ample surface to insure cool runnings. Oil reservoirs shall be literal in size; gauges for indicating the height of ci) and cutlets for drawing it off' shall be provided. Split end shields shall be provided fur ease of disassembly for inspection and repairs. Motor shall be marrifa-t.ured in accordance with the standards of the National Electric Manufacturers Association and American Standards Association. All tests sh.,ll be made in accordance with the standards of the American Instit•ite of Electrical Engineers, The power terminal connection box of the m;,tor sh,.ll be on the left side of the motor when looking from the pump end, 39 E. MARKING Pumps and drives each shall have a standard nameplate securely affixed in a ennspieuous place showing the ratings, serial number, and name of manufacturer as well as other usual nameplate data. F. SHOP PAINTING All castings and parts shall be inspected and approved by the Engineer before painting, unless such inspection may be waived by the City. The exposed interior of all castings shall be cleaned and rubbed to a smooth surface before receiving paint. The interior of all castings and parts to be painted shall be given three coats of an approved metal paint. All unfinished exterior iron worm shall be cleaned, filled and given one coat of the best quality "Detroit Gra~.nite" paint, or equal, mixed with pure linseed oil. Finished parts shall be coated with an approved rust preventing compound before shipment. G. FACTORY TESTS OF PUMPING UNIT The efficiency of the pumping unit,including electric motor shall be testes' at the specified total rated head. In addition, the unit shall be tested at heads throughout the range of operation of the unit. Certified copies of the test data and performance curves shall be submitted to the Owner. The curves shall contain all information outlined in the paragraph "Characteristic Curves" under Section "H", INFORMATION TO BE SUPPLIED WITH BID below. Pumping unit shall not be shipped until test data has been approved. Pumping unit shall be tested in accordance with the Test Code of the Hydraulic Institute. Quantity of water shall be measured by Venturi meter, or by measur- ing device acceptable to both parties. Test of motor shall be made in accord- ance with the Standardization Rules of the American Institute of Electrical Engineers. Factory tests shall be of the completer assembled pumping unit, including motor, and shall be "witresse,l" by an independent laboratory and/or authorized representative, The cost of the independent laboratory's services will be paid directly by the Owner. Equipment furnished under these specifications will be subject to inspection during and after tho prm ae4 of manufacture by representatives of the City who shall be afforded proper facilities for detdr- mining compliance with the specifications. Certified factory short commercial test reports on the motor shall be furnished to the Owner with other test data. For compliance with guarantees, the overall efficiency of the pumping unit, irr.luding electric motor, shall be calculated from factory test data at the head and capacity given herein for rated conditions. Pump manufacturer with Owner's representative shall conduct a field teat to determine that the unit is in compliance with the cpcci1'::uLionc. Pield test will be primarily to chzok fur general operation, excessive noise, vibra- tion, alignment, etc. The unit must perform in an acceptable manner before final payment is made by the City. 40 H. INFORMATION TO BE SUPPLIED WITH BID 1. General.: The Bidder shall furnish a complete description of all equipment offered ;,.ndnr these specifications, including catalogs, cuts and pertinent engineering data. WherA the Bidder's product differs from the specified requirementt and/or catalog description, each point of difference shall be clearly stated. This requiiement is set forth to facilitate the review of bids and is not to be construed by the Bidder as waiving any of the requirements of the specifications. Setting and foundation plans and dimension sheets for "he equipment offered shall be submitted with each bid. Su^co^sful bidder will be required to furnish six copies of foundation and dimension drawings. 2. Characteristic Curves: Characteristic curves for pumps offered shall be submitted with the bit:. Curves shall show the capacity, not positive suction head required, hoad, efficiency and brake horsepower throughout the range of the pump. Characteristic curves for pumps shall have the capacity plotted as abscissa and the operating head, brake horsepower, and efficiency plottod as ordinHtes. Curves shall cover the full range of operating from shutoff to maximum capacity. Gaaran?eed Efficiencies: A statement of the guaranteed ovurAl efficiency for pumping units with electric motor drives at the specified heads shall be submitted with the bid as provided in the bid fora. 4. Data Sheets: Data sheets supplying the following inforaation for each unit of equipment shall be submitted with the bids Purrs: ( 1) Make and type letter of pump ( 2) Speed - RPM { 3} Diameter and width of impeller ( 4) Maximum diameter impeller for casing furnished ( 5) Diameter of suction ( 6) Diameter of discharge ( 7) Shut-off pressure ( 8) Design of Wearing Ring ( 9) Diameter of shaft at impeller (10) Design of stuffing boxes (11) Design of flexible coupling (12) Type of bearings (13) Diameter and length of bearing bushings (14) Unit bearing pressure (15) Distance center to center of bearings 1%16) Maximum horsepower requirements of pump (17) Net, positive suction head required 41 mmm" Motors: • (18) Make and type letter of motor (19) Brake horsepower of motor at 40 degrees C rise (20) Type of motor bearings (21) Maximum starting current in per cent of full normal load (22) Motor efficiency at full load (,?3) Motor efficiency at 3/4 load (24) Method of insulating and impregnating motor coils weights: (25) Weight of pump (26) Weight of motor (Y1) Weight of rotor (28) Weight of bed plate (29) Weight of complete unit Efficiencies: (30) The overall efficiency at rated conditions I. CCP(PARISON OF BIDS In comparing the bids %he City will take into consideration the lump sum prise bid for the equipment and the estimated operating cost based on overall guaranteed efficiencies. The beEis of orerputing capital costs of operating afficienoiea are as follcwa: Pcwer Rate 1 Cent per KWH Inteeest Rate 4-1/2% Life -)f Pumping Unit 15 Years Per Cent Operation 20% J. FAILURE OF PUMPING UNITS TO MEET EFFICIENCY GUARANTEE In the event the result of the specified tests show that the actual over. all efficiency of the pumping unit is less than that guaranteed, the City may accept the unit at a reduced price. The reduction in price shall be computed on the basis of 50% more than the valuation of efficiencies set forth above. In the event the actual overall efficiency is less than that guaranteed and is not acceptable to the Owner, the manufar.turer shall make such minor adjustment as required to meet the original guarantee. If major adjustments are required the defective unit shall be replaced Frith a new unit meeting the specifications and guarantees. 42 K. ERECTION ENGINEER The Owner will install the pumping unit under a separate contract. This manufacture: will be required to furnish the services of an erection engineer to Eupervise and assist in the installation. It shall be the responsibility of the erection engineer to verify final adjustment and place the unit into operation. The cost of these services shall be included in the lump sum bid for the unit. L. PAYMENTS The City will pay eighty (80) per cent of the bid price of any unit of equipment upon the delivery of the complete unit at Denton, Texas; however, the eighty per cent payment will not be made unless factory tests on pumping unit show compliance with the guaranteed performance requirements. Final payment of the remaining twenty (20) per cent will be made within approximately thirty (30) days after completion of installation and satis. factory test of the equipment. In the event installation and tests are not made within six (6) months after completion of delivery, final payment will be made at the and of said six (6) months. END OF CONTRACT 67.2 43 i it i e. 4 . i tool- EXECU' rap Y CITY OF DENTON, TEXAS VaTERWORXS IMPROVEMENTS SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CONTRACT 67-3 - HIGH SERVICE hlO."OR CONTROLLER I FEBRUARY 19673 FREESE, NICHOLS AND ENDRESS Consulting Engineers t too t I jY A caress CAR M POWER OF ATTORNEY 1[a3pt sjj MM Gg gpu jiltstdo. That the FEDERAL INSURANCE COMPANY, 90 John Street, New York, New York* a New Jersey Corporation, has constituted and appointed, and does hereby constitute and appoint M. W. Babb, J. Re McGee, Be J. Kalmer, E. F. Fritz of Milwaukee, Wisconsin each its true and lawful Attorney-in-Fact to exomte cadei t such designation In its name and to atdz its corporate ses!'tcI ddneff& sitiiA` A1tat%dtfil't'A Afdbj`1h?ri/bi or C. wise bonds or obligations on behalf of in , (b , 6' 1:'411 A 7 Af,UCgt-t1HALMSJ3tb* MAIMC![RI21 POOMpATj i'ofi.r -YXi WrAw.UKEE I, . • 11 ".6, 11 jj Y I' t 1. Bonds on behalf of contractors In connection ~w.it,h~btdf,, proposals or contracts to at with the Unitary States of America, any State or pditical subdivision TS"' os, am person, Arm or corporation. 9. Surety Bonds to the United States of America or any agesq thereof, Including thost required or permitted ender the iawa ee xeguiadons ralsoft to CtAStsaas of lat"14,$a MMI asld ~tds or other lade }yyQ eiA~0, yy 4rats iy d or other tb ndii'j btft seen Dott;[b 'da bas of Notaries YnLDPublic, 8hedfi} Bh Yi1tl~ 1 bdei~ta: #,a r,.f, nil.,^f i S qtr p d ~p yyt! site VJS,~Id it+ aDy itr~_t, tr!i Oft ~oaetfn~ in , on f aD gtadd"bt ~Zklstt, br =i+~ Eo ar fi¢l' by SheriR or a Bon 01 Magktft'bIF ~ithi idr ~ deb! tsar do[ 6! lf,7chllrg r}eetAed it nseb Hord see adertaking, is w>11oA th>r /enai0s of tM'Nai;os' IiahiY locotrKd tea; aarit m14LrriakMs; doaa w L steed with rasped to Fiduciary Bonds the sum of bi" 9' t 9 #100 ~J f:i ~~(j}`it t>HdtiY~lbi<6>I18l rm t . ~r,f 1 7r=T; -t'1,}ty i `All bnq : ad± boi ento)J o t:,moo niXi o xax 1f, 'PI' A, nd, 1o iy0,3s0t1 bnS, t•,,frn'h RI rt - ~ 1' fi~ITJ f~ zvr, Doi~Tars U Nil brdM,rVt ~~~1q} n eeif 1,,w Jh 1,yt+PgO'1 bcN• ar.na,} ii111i10. {tt e/ 9.ls T 7r'fr7r+7Cf T''^7'~SR ~TR[P*LNr ~i ~l~li bffF1-~W' dro/adrthalMllael~iRta.la.algAlli:h'~kalYiMl~llelAlllirl►~c~gR1e16r't,#~ ~4-~~lAllllRi~~ aiffiblaii /N1[(~ub~7Ql1L! a{ l,r/sy.er~fsl btu b3 ~.~'t'i io n,la lytx~Q, driy n! nur.7 1o m,ir.k~myv~(I ed! L F',nn vctY '•}6;J7 .I'iT ~f 'l fib ~a ~'N ll! 9ft1 7~P7li.ft \n (Y~;7[:Vl'Y}lA VV03 :n:fi~},.i .4 10 xr.b_tf 1RS____._....._... .,;Ida , Y K il~y wait :n tic:a,ni So !f[ia Z;-1n 0r,d t;a[ tyt-,w ,,.9P1J _AMA Frederick C. Gardner ,'f`l, Sif7~tiPiitA f'lae Prseideal A - fwJ ERg~ Davis Quinn 8TAT2 OF NEW YORK sa.: County of New York on this day of p~ 111 19 before we~ peraonally came Davis Quinn, to we known and by iMmu to be AsibW Secretary of the DERAL INSURANCE COMPANY, the eor. potation described in and which executed the foregoing Power of Attorney and the said Davis Qufan beto~t b we duly sworn, did depose and say that he resides in the City of Now York, is the State of New York; that ba AssLUat Secretary of the FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal saxod to the foregoing Power of Attorney Is such corporate seal and was thereto afted by authority of the S Laws of said Company and that he ed said Power of A'torney as Assistant Seem t7 of said Company by like authority; that he is acquainted witsipph FFrederick C. Gardner and knows him tobe Via Pres dent of said Company, and that the s Lure of Bald Frederick C. Gardner enbseribed to said Power of Attorney is in the Mules bandwrit- tog of sold Fr crick C. Gardner and was thereto subscribed by authority of said By-Laws tnd in deponent's presence. Acknowtedped and .Sworn to before ate on Me date above written. '0%A J ~ j•' c,Q ,t~h,`,i c 'I f ~OTARy vP * AVC, A MARION J. McGRAT B0 NOTARY PUBLIC, State of New York '4AF'••......•.• y0 No. 24-7931960 OF CerttAate A~led~In New Yoh tyunty commission Zxpires Namb 40, 1 i ,rrn 12 JF f Rer, l64) 1-1447 (Rd le ~n~ beai~++'3 1:410F,110TrA 110 )IT710(I n+-:'. ,t n}'; '',C' f ~'1.'',!'i,'~:i''1,r.+i7'~Y,I JAN.i~{,~-'1 •,,~11~1i'1- ,i111i'vilill 411101 ild film flu H3(lilA • t:,n 1'17,~°.v.. ~ 1r7s~. r,.1, 1,.1a .f,,1:u~,;lit t,n, L~.}ol7;er.~o curt ,narN,a,rf7 ~.,Kr,I, wiN a .dtn"! rr,'G ,4TOf Clft,A, . *WMY OP. 2il~ll► :1tD8, c. w'! v:1 . yr ,4, ~xt . ,!n fern .~17 , -,41 ,J L as tuldasstaned, Mdrtaat &wst ir'y of tho rEDEBAL INSURANCE COMPANY, do hereby certify that the following is a true euerpt from the 81-Lass of the told Company ?A s ktO 7b d 9t Diteo~o w Nsreb 11 It" and amended 7anasry f, 1961 that this Sy-1.aw Is to lbil /et'!1 fd~~1ya" ~n is l { E Z uARTIVi JLAA. lJ,?r1rr IA fr A41 bondpM nadera~dagim~l coatrtetb, powers of suo»eyp'aad a" h*rmmn" 0I -Ia r I '1 , iaf 11d Ofn ~ h 0f C.dmpa'"*Vch'~ b &*tbI, jv~ UW,bip'Jft 6~ i . KeW #s 1 sA4 t xded bA 4e14At!'b }Aa r+0ta+yt f 4'&* 8,I Chairman or the Vtee-dal =aa or t;e Pratdsat ere s ,,V4WPl Wq,* IA~Hi7,1►~ , ' - ff of An Asfirttsnt t~yy, under t>j04 r+t re deal tipne, eseapt t at n?,air of . K t¢ti1 -fit '4!°' tW p t 9r y or tl~ ° ' -i ayry, -yry..~. yVMYiMYM~'Vy!' ~ I ilmi rr1~_~~` w~46i,l{~„yIM~jR~~y , 1 pr rm fTII~~~..~{~!TT~►~r]f, - 1,11 1} ;~'i I if lay sumts nay soo0n b ond. M Welber' obl~gMtleel Y liA t~ W4 ,1i + power *1 Ofrw. " , 1n s • 9,lf r,hrto3 'w7nr.bo 1 ~7 Aad I'fltrther 4erft tharI Bove bo®p S T 0owi~ At 'a1odthttthe otighlal thereof aad a6lums he a correct and tea copy of the whole at s&U oninna+ raid Power of Attorney has not been revoked. f 4) a l a o(1 e N,al - ill!itidu l°lfI6A t i 4`3 6W *~''WAtfYF1lM tb*M#i1111F7 V WyRUAW lif transact VmllA d VWe*I5ft Htf►i '8fe3'dh18e $bldf'VVtS6Vh lWSatM} 0406 *40um W ltWWald "lldhe Pmvlnees of the Dominion of Canada with ~bjeRLieeption of Prince EJ+rard 11UW1fW is al dulyd11t1ismdf'lo bmmt so4 /91A ! 1!4 449~lA ~iy a S!try tied of reQn b* the lave at the Ualldd $tatet. (3iveo wader my band and seal of sod imm y at mow Yori4 . Y 28th N l~nf,tDfl _7 >i,ir7h~n~l 111Ii1le111 1e',b171r°I *W4 ;su A :ntu~ st7D(i r~r,`r+m2 Jnals~tA 880Y WXK 40 ATATt3 )(10Y Wam 1o r)nuoJ r,r iJ r.iJl,fl '•mfn ~`I a'7,3 ,.at szu;'>d . f'1 ~ 1u 7xb 441 Midi Ili) r'liL1r1 9;•.SI1J~V1 ,IA7iaf1. T 4d 1n 1D}9~99-' laa3 neA -x1 o} 'Womf 1m '(d bne rrul,:~l ~,,7 0l rf Q w+,J eivrfl L;n, lid) bne tv•7v,4}/. f, r,~~~'~ yni•,k,'~1 :,i1 h9![11,11, d~l,lrr bne ni te-dil it, 0,i1Nr oq ei ,a 10I1 ;ato/ 'u,f q31 nr ,>fio'f v,'/ Sri l ,d; r~,f,ing7 93 tau" 11,.7a 9n',1{,b bifi T,~, ,,I•rf, em `I'f 78~1 *1N i. 'gyp l;.;•, 9.11 s, N•,tr~ !,-n f✓: i7"fl,} ;d,I }1~11+,~1 ,1 ~1 ,J;~{'1 ,131 1'J ('U1,7 ,'1 t h7"'I'•itl '~;,I 1; ;E:.. 'I"I ,r1} Mlt'N 1,178 1n !-lh7~Y11r'1 13'fUr' 't'•fR;al/•. 10 1lF'•'I 1001, 1-1 0;4' 0l t,9Y"14 `aye . ' ,~u~!!'7 L! ' 1 t'i 1',". J'f91, •r!, fJI /'i nTO 1}r. 1', 7 r'R0~3 }:leer b7RVi-. 1,1:31 1~ne V, ff Rr,l i7t0'1 t•ID7 1o eMD.1~'(i{ !f•D t 77U'1 IT 17 1.t ~1 !C',1~3 9•fi~/ 9d U) «i'd ~Np9,i t,7e YlRf7Di1 .'l 7i7f1 , fins ~ f1.}i7I h91,1 Lf Uli'14 t1 A.'I 171[!1 ~7(1770ei1u8 e. J♦Il ,,r'~bnMd x,i,n+~ ,d1 Ili el _",n Jt/. In irHU`! ties ~,+bafls~a4u• t',rrtr;sil .'1 ~!'i+ ~i f.iae 20 all;lengglN adl led! t,nq ,,z•, n a l:r.n ,q'.1 v Inl.e c:e.I '<S t,ir. 1n RNlodla7t Y4 h ;1~padu rlyltlil new arse l,ah,eil .'1 71,h9Nn4 I, !AA to lint of , ~,1+d P1 Ira,.'H'l e,p 1„p,~~,5. , 1. .:,11, r•1 ~.7i An ,ant, ~,il r1 t-Q1 flATay . wd.rl fiTI,N;~,1". ,G 1i+lAAM r * J140 j~+L ~fs','f noY, In "1r 111119 'fRA7f1v? % '7.111 Jn~1 R+~rtl It RI h', 1711 C.ASI Or~~' ..II~~...~~yyrr'L`'~A_\ !1'lllr'1 ;'~i( 'Nq/, 1.7'.:1 '.~A'if!f)117 '•~Ii 11~ 7 01 ilS7aN. 8',1 i1r:~ ryrri~p n, ,'1 17D ].ref, In ni, l FG.. n , X., Ur., i'R, . i 2 - F:I Vi u:•:i' I CON IRAl'i of 3 - HIGH l ids to be op.i',cd 1(J: uary ib, 1V67) CONTR;,CT 67-2 - HIGii SERVICi PUNS 11\G UNii Paragraph D. Rotor: Motor RPM shall be charSE4 to 1200 RP}:, maxi;,.Um. CONTRACT 67-3 IiISi: 5I~.$VICF. "fOTOR CG~'i'kOLL~ ~Paragraph A. GMn!_al: Sizc of motor cone iler shall Le chunbcd to 500 HP in lieu of 6GU Y.P. Bidders shall acknawledge receipt of this Addendum in the space provide the Proposal. FREESE, NICITOLS AND E.NDRESS Consulting Enginacra robr~ary 3, 107 Ili I I J • a SaEC'1FICAT:3NS A^'I CONFRACT 67_; RAW WATER NG CONTRACT 67-2 - HA-Gi4 Sb;}iVi,-F- r'UXL-= T NG 'NIT CONTR.--CT 67-3 - HIGi` SFRV".CE .v-OT JR CONTROLLER ADi.n:\DUM Mr;. 2 (Bids to be orar,ad 10;30 A.M., Fet-;:,ary 16, 1967) CONTRACT 67-2 - HIGH SERVICE RJKII-IkiG tin T' Paragraph C. (2`~ - P,smp Ca3ing3: F,mp ila:ges small be changed frcm 250 J to 125 pound p.SA. Bidders shall acknowledge receipt of th,s Addend= in the apace provided in the Proposal. FREESE, NIMIS AND ENDRESS Cw.s-41ting Engineers Pebraitry ij, 1967 CITY OF DENTON, TENTS WATERWORKS IMPROVEMENTS SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CONTRACT 67-1 - RAW WATER PUMPING UNIT CONTRACT 67.2 - HIGH SERVICE PUMPING UNIT CONTRACT 67-3 - HIGH SERVICE MOTOR CONTROLLER FEBRUARY 1967 FREESE, NICHOLS AND ENDRESS Consulting Engineers TABLE 0.' CONTENTS Pe Re NOTICE TO BIDDERS a INFORMATION TO BIDDERS b PROPOSAL f CONTRACT AGREEMENT 1 PERFORMANCE BOND 3 PAYMENT BOND 5 GENERAL CONDITIONS OF AGREEMENT 7 DETAIL SPECIFICATIONS CONTRACT 67-1 - RAW WATER PUKING UNIT Item No. A - Scope 29 B - Pumping Conditions 29 C - Pump Setting 29 D - Pumps 30 E - Motors 31 F - Marking 32 G - Shop Painting 32 H - Factory Tests of Pumping Unit 32 I - Assembly Prior to Shipment 33 J - Installation of Pumping Unit 33 K - Acceptance Test 34 L - Information to be Submitted with Bid 34 M - Guarantee 35 N - Comparison of Bids 35 0 - Failure to Meet Efficiency Guarantee 36 P - Erectior. Engineer 36 Q - Payment 36 CONTRACT 67-2 - HIGH SERVICE PUMPING UNIT Item No. A - Scope 37 B - Pumping Conditions 37 C - Pumps 37 D - Motor 39 E - Marking 40 F - Shop Painting 40 G - Factory Tests of Pumping Unit 40 H - Information to be Supplied with Bid 41 I - Comparison of Bids 42 J - Failure to Meet Guarantee 42 K - Erection Engineer 43 L - Payments 43 J Table of Contents - Cont'd Page CONTRACT 67-3 - NIGH SERVICE MOTOR CON'T'ROLLER Icem No. A - General 44 8 - Standards 44 C - Construction 44 D . Components 45 E - Operating Functions of Starter 46 F _ Erection Engineer 46 G - Payments 46 DRAWINGS No. 1 - Piw Water Pump Installation No. 2 - High Service Pump Controller Schematic NOTICE TO BIDDERS Sealed proposals addressed to Jack Reynolds, City Manager of the City of Denton, Texas will be received at the office of the City Manager in the City Hall until: 10,30 A.M.,February 16, 1967 for the furnishing and delivery of the following items: Contract No. 61-1 - Raw Water Pumping Unit Contract No. 67-2 - High Service Pumping Unit Contract No. 67-3 - High Service Motor Controller At this time and place the proposals will be publicly opened and read aloud. Any bid received after closing time will be returned unopened. Copies of plans, specifications, and Contract Documents are on file and may be examined without chargs in the office of the Director of Public Works. Copies may be procured from Freese, Nichols and Endress, Consulting Engineers, 508 Throckmorton Street, Fort Worth, Texas, upon a deposit of $15.00 as a guarantee of the safe return of the Contract Documents. The full amount of this deposit will be returned to each bidder upon return of the documents in good condition, providing the documents are returned within ten (10) days after the opening of bids. No refund on Contract Documents will be obligatory after the period of ten (10) days. A cashier's check, certified check or acceptable bidder's bond, payable to the City of Denton, Texas in an amount not less than five (5%) percent of the bid submitted, must accompany each bid as a guarantee that, if awarded the contract, the Bidder will, within ten (10) days of award of the contract, enter into a contrac: and execute bonds on the forms provided in the Contract Documents. A Performance Bond a Payment Bond, each in an amount of not less than one hundred (100X) percent 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. In case of 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 or all bids, and waive formalities. No bid may be withdrawn within thirty (30) days after date on which bids are opened. CITY OF DENTON, TEXAS Jack Reynolds, City Manager e INFORMATION TO BIDDERS 1. WORK TO BE DUNE a. Ccntract 67-1; The work involved In this contract consists of furnish- ing and installing a 5,300 GPM vertical turbine type pumping unit, complete with electric .motor, as specified herein. Motor starting equipment, connecting piping, electrical wiring, etc., will be furnished and installed by others. b. Contract 67-2: The work Invo.ved in this contract consists of furnish- ing and delivering a 60400 GPM horizontal, centrifugal pumping unit, corrfllete with electric motor, as specified herein. Motor starter, installation, connect- ing piping, electrical wiring, etc., will be separate contract, c. Contract 67-3: The work involved in this contract consists of furn!shing and delivering the electrical starting equipment for the horizontal pumping unit (Contract 67-2), as specified herein. Installation of the motor starter will be by separate contract. • 2. QUALIFICATION OF BIDDER No equipment shall be offered from any manufacturer not regularly engaged In the production of equipment of the size and character herein specified. Bidder must have installed and had in satisfactory operation for a period of not less than five years, at least one unit of size comparable to the unit specified. 3. BID FORM Bids shall be made on the blank form attached and the complete documents and plans returned with the bid. Bids not so made will be considered out of form. 4. BID SECURITY Each proposal must be accompanied by a cashier's check or acceptable bid bond in an amount equal to at least five (5X) percent of the amount bid as a guarantee that, if awarded a contract, the Bidder will execute the contract within ten (10) Jays and furnish a performance bond of one hundred (100X) percent of the contract amount. 5. BONDS With the execution and delivery of the Contract Documents, the Contractor shall furnish a performance bond and a payment bond, each In the full amount of the contract, 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 b 17nited States of America. The performance bond shall be arranged to extend for a period of cne (1) year beyond the date of written acceptance of the work by the Owners to guarantee the repair and replacement of defective materials which may develop during this period. 6. MATED AL AND WORKMANSHIP Material used in the manufacture of equipment offered shall be high grade and quality throughout and shall be entirely suitable for the purpose intended. Workmanship shall oe in accordance with high grade manufacturing practice covering the type of equipment. (onstruction and design shall be in full accordance with modern piacti:e. All parts shall be readily accessible and like parts shall be interchangeabIc. Only new equipment will be acceptable and any proposal for furnishing used or rebuilt equipment will be rejected. 7. OPTIONAL EQUIPMENT If equipment differing from that specified is submitted, the bidder shall clearly state such differences; however, all essential requirements of the specifications shall be strictly adhered to. If the equipment offered under this provision is, in the opinion of the Engineer, equal to or better than that specified, it will be given consideration. Where a statement of such departure is not made, it will be understood that equipment in strict accordance with the specifications is being offered. 8. INFORMATION TO BE SUPPLIED WITH BID Bidders shall submit with the bid complete information covering equipment offered as set out in the Detail Specifications. 9. AWARD OF CONTRACT The Owner reserves the right to make the award of contract In a manner most advantageous to the Owner. The Owner may give consideration to the "Time of Completion" and to the "Guaranteed Efficiencies". 10. INTERPRETATION OF QUOTED PRICES In case of a difference between the written words and the figures in a proposal, the am- it stated in written words will be considered as the bid. 11. INTERPRETATION OF SPE(IFI(ATIONS Any question as to the meaning of any specification will be answered by Addendum which will be sent to all who have been furnished with the plans and c,pecifi;ations. 12. TIME OF COMPLETION The City desires that equipment be delivered at the earliest possible time And consideration will be given in award of the contract to the delivery dates bid. Bidders shall indicate the time for delivery in the space provided in the Proposal. c In the event the Contractor fails to complete the project within the time set forth in the Prop~sul, the Owner may withhold money permanently from the payments to the Contractor in accordance with Paragraph 4.04, page 21 of the General Conditions of Agreement. 13., PAYMENT Payment will be made as set forth in the Detail Specifications and the General Condition.: ai the Agreement. 14. SALES TAX The City of Denton qualifie3 as an exempt agency under Article 20.04 of the Limited Sales, Excise, and Use Tax in the State of Texas. It is not required that any state sales taxes be paid on any materials incorporated into the com- pleted project; however, materials which are used or consumed in performance of the work and which do not become a part of the completed project are not exempt and are subject to sales taxes. The City will furnish the Contractor an exemption certificate for materials to be incorporated into the project, which certificate also shall be made avail- able by the Contractor to his sub-contractors. The Contractor shall obtain the necessary permit or permits from the State Comptroller of Public Accounts allowing the purchase of materials for incorporation into the project without payment of sales taxes at the time of purchase and shall require his sub-con- tractors to obtain such permits. 15. SHOP DRAWINGS As soon as possible after execution of the contract for the equipment, the Contractor shall furnish to the Owner for approval, six (6) sets of foundation, erection, electrical schematics, and other pertinent shop drawings. 16. PACKING FOR SHIPMENY The equipment under these specifications shall be shipped in such a manner as to Insure arrival at destination in an undamaged condition and shall be acceptable to the freight agent in compliance with the current issue of the Consolidated Freight Classification. All equipment and parts shall be suitably protected to insure against breakage or damage in transit. 17, DELIVERY POINT AND UNLOADING Equipment shall be delivered f.o.b. cars for carload shipments or f.o.o, freight depot for less than carload shipment at Denton, Texas, or may be delivered f.o.b. Denton, Texas Water Treatment Plant. The City with its own forces, or by contract with others, will unload, transport, and Install all equipment except Raw Water Pumping Unit, and will be d responsible for any damages due to such unloading, transporting and installing. The Contractor furnishing the equipment shall be responsible for the proper functioning of installed equipment as set out in the detailed specifications and shall furnish the service of an erection engineer as specified. Contract 67-1, Raw Water Pumping Unit, includes pump installation and will not be handled by the City. END OF INFORMATION TO BIDDERS e PROPOSAL 17e.ti:on, Texas Whninr JA. , 1967 PROPOSAL OF _g] 1, is -_Chalmers Manufacturing Company , A Corporation organized and existing under rho laws of the State of Deiaw~re , a partnership consisting of _ , the business name of , an individual. TO: Mr. Jack Reynolds City Manager Denton, Tcxas i PROPOSAL FOR. Contract 67-1 - Raw Water Pumping Unit Contract 67-2 - High Service Pumping Unit Contract 67-3 - High Service Motor Controller Ttie undersigned Bidder, pursuant to the foreguing Notico to Bidders, has carefully examined the Instructions to Bidders, this Proposal, the form of Contract Agcca- ment and of Bonds, the General Conditions of the Agreement, the Specifiralion, and the Plana, and will provide all necessary labor, superintendence, ,machinery, equipment, tools, materials, services, and other faciliti6n to complete fully all the work as provided in the Contract Documents; and binds himself upon formal acceptance of his Proposal to execute a contract and bo~s, according to the prescribed forms, fcr the following prices, to-.:'o Item No. Description (Price in Words) Amount (inures) Contract 67-1 - Raw Watei Pumping Unit 11 For the furnishing and installing of one (1) vertical type pumping unit having a capacity of 5,500 GPM at 345 feet total head, with an overall efficiency of % the lump sum of Dollars $ No Bid f ' •`ll.' 1('S! (Y 1iP Y .2:► ',J~^ Y d' .YXi k Y ~r ' Item No. Description (Price in Words Amount (Figures) Contract 67-2 - High Service Pumping Unit 2. For the furnishing and delivering of one (1) horizontal, centrifugal, pumping unit, having a capacity of 6,400 GPM at 250 feet total head, with an overall efficiency of X, the lump sum of Dollars $ No Bid Contract 67-3 - High Service Motor Controller 3. For the furnishing and delivering of motor controller as specified for high service pumping unit, th4 lump sum of Three Thniisand Four Randred And Forty-five Dollars $ 3,44!,GO The undersigned hereby declares he has carefully examined the Contract Documents relating to the work covered by the above bid. The undersigned further declares that he will provide all necessary tools and apparatus; do all the work and Zurnish all of the materials aad do everything required to carry out the above mentioned work covered by this Proposal in strict accordance with the Contract Documents, and the requirements pertaininS thereto, for the sums set forth above. The undersigned agrees to commence work within ten (10) days after written notice to commence work and to substantially complete the work on which he has bid in accordance with the schedule below as provided in Section 4 of the General Conditions of Agreement. Contract 67-1 - Raw Water Pumping Unit Calendar Days Contract 67-2 - High Service Pumping Unit Calendar Days Contract 67-3 - High Service Motor Controller „160 Calendar Days In the event the Contract Agreement and bonds are not executed within the time above set forth, the attached bid security in the amount of Five narc,wnt (.5% f amn lnt_hid is to become the property of the Owner as liquidated damages for the delay and additional work caused thereby. 9 Receipt is acknowledged of the following addenda: Addendum No. 1 2/3/67 Addendum No, 2 2/13/67 Addendum No. 3 Respectfully submitted, ALLIS - CHALMERS MANZT'ACTb'RING COi/i'A2W By William L. Strong, Treasurer Title P. 0. Box 512 Milwaukee, Wisconsin Address (SEAL) If Bidder Is a Corporation NOTE: Do not detach bid forms from other papers, Fill in with ink and submit complete with attached paperse h CONTRACT AGREEMENT STATE OF T3XAS count' OF DEN ON G THIS AGREEMENT, made and entered into this jrth_ day of X:,rab A.D., 19 67 by and between the City of Denton of the County of Denton and State of Texas, acting through its Mayor thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and Allis - Chalmers • a;ufacturipg Company of the City of Milwaukee County of Milwaukee and State of Wisconsin Party of the Second Part, hereinafter toc."d CONTRACTOR. WITNESS!-rH: That for and in consideration of the payments and agree- ments hereinafter mentioned, to be made and performed by t':e Party of the First Part (OWNER), and under the conditions expressed in the bands baaring even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: Furnishing and delivering of one (1) High Service Motor Controller - Contract 67-3 and all extra work in connection therewith, under the germs as stated in the General Conditions of the Agreement; and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superint9ndence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attaohed hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders I 9-1-66 (Advertisement for Bids), Instructions to Bidders, and tho Performance and Payment Bonds, all kttached hereto, and in accordance with the plans, which includes all traps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefor, as prepared by FRE£SE, NICHOLS AND ENDRESS, herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and the ENGINEER, all of which are made a part hereof and collectively evidence and constitute the entire Contract. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in a written notice to commence work and to substantially complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this Contract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. ATTESr: ,rjfy o£ Denton- Texan l Party of the First Part, OWNER Warren Whitsgn avo ~ Title (SEAL) ATTEST : Allis - Chalners Manufacturing Company Party of the Second Part, CONTRACTOR By , U. , &k~~ 'William L: Stroat T tle (SEAL) kvi 2 9_i-66 PERFORMANCE BOND STA.TF OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That Allis _ ChAlmars Manufanturinir Company , of the City of M 1wAUkne County of Milwaukee , and State of w seonsin as PRINCIPAL, and Federal 1h,% rance Co" New Ynrk Naw Ynrk as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the City of Denton. Texas as OWNER, in the penal sum of Three Thousand Four Hundred Forty-five Dollars 3.445.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and -.verally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 16th day of March 19-b2_, for the a%%xtmYtw=t furnishing and delivering of one (1) High Service Motor Controller - Contract 67-3 which contract is horeby referred to and made a part hereof as fully and t~ 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 aryl 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 moaning of said Contract and the Plans am! Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED. HDWEVER, that this bond is executed pursuant to the 3 9-1-66 provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Denton County, State of Texas. Surety, for value received, s+ipulates and agrees that no change, extension of time, alteration or additio,i to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed there- under. IN WITNESS WHMEOF, the said Principal and Surety have signed and sealed this instrument this 16th day of March 19 62-• Allia Chalmers Manufacturine ompanv Federal Insurance Company Principal ure By W •lnt BY 4 stroas 8. J. 41ser Title s►~„s..., _ _ Title Address WWAUKIM WMWNSIN Address HILWAUEM WISCON31N (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: i NOW Date of Bond must not be prior to date of Contraot, Countersigned for Stale of Texas By Nee d«sii A;.,nt 3GOi Ce.3ur Siwinp Dalts~, ~'wu 4 9-1-66 PAYrzNT BOZ STATE OF TEXAS COUNTY OF DENTON C KNOW ALL MEN BY THESE PRESENTS: That Allis _ Chalmers - Manufacturing! _CoMRanv of the City of Mi lwa ikeA County of Milwaukee and State of Wisnonsin as PRINCIPAL; and Federal InMirance Comg3ny, New York NAw York - as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the City of Denton TexaS as OWNER, in the penal sum of Three Thousand Four Hundred Forty-five Dollars 3,445-.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents. WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 16th day of March , 19_„62__, for the rnishina and delivering of ona (1) High Service Motor Controller Contract 67-3 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 said contract, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the pro- visions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Denton County, State of Texas. 5 9-1-66 Suroty, for value received, stipulate,; and agroos that no change, ex- tension of time, alteration or addition to the torms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of timo, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 16th day of March , 19,x_. Allis - Chalmers Manufacturing .om2any Federal Insurance ComDqny Principal > uroty By (A k, A~ By, YAIHam L' Stress 1. J. Ulmer Title ]tiCM I, g Title &yyw qxr-nf•sA0z Address Y3LWAUKM WISCONSIN Address YILWAUKM WISCW$1W (SEAL) (SEAL) The name and /address of the Resident Agent of Surety is: Note: Date of Bond must not be prior to date of Contract. Counterei ned or Stcte of Tetae By- AfAX,s Jrfjj rJ i1; f,n8 .Q~ Ott ,.'.J 6 9-1-66 GENERAL CONDITIONS OF AGREEMENT 1. DEFINITIONS OF TERMS 1,01 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and the ENGINEER are those mentioned as such in the Agreement. They are treated throughout the Contract Documents as if each were of the singular number and masculine gender. The ENGINEER shall be understood to be the ENGINEER of the OWNER or his duly 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 Conditions of the Agreement, Technical Specifications, Plans, and all modi. fications thereof incorporated in any of the documents before the execution of the agreement. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. In the event of a conflict in the Contract Documents, the CONTRACTOR shall call the conflict to the ENGINEER'S attention in writing and he shall decide the conflict in writing, and the ENGINEER'S decision shall be binding. 1.03 SUB-CONTRACTOR. The term Sub-contractor, as employed herein, includes only those having a direct contract with the CONTRACTOR. 1.04 WRITTEN _NOTICE., Written notice shall be deemed to have been duly served if delivered in person to the individual. or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered mail to the last business address known to him who gives the notice. 1.05 WORK. Unless otherwise stipulated, the CONTRACTOR shall provide and pay for all materials, supplies. machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation, and other facilities and services necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The CONTRACTOR shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Mt,terials or work described in words wLtch so applied have a well known technical or trade meaning shah. be held to rarer to such recognized standards. 1.06 WORKING DAY. A "Working Day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather will permit con- struction of the principal units of the work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. 7 9-1-66 1.07 CALENDAR DAY. A "Calendar Day" is arty day of the week or month, no days being exceptod. 1.08 WORK WEEK. The 'Work Wee'.-' shall consist of a poriod of seven (7) successive calerida- days to begin and end as specified by the CONTRACTOR. 1.09 SUBSTANTIALLY COMPLETED. By the term "Substantially hompleted" is meant that the structure or facility has been made suitable for use and all construction ,ompleted 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 2.01 LINES AND GRADES. Unless otherwise specified, all lines and grades shall be furnished by the ENGINEER. Whenever necessary, corstruction 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 tha ENGINEER Ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the CONTRACTOR, and in case of careless destruction or removal by him or his employees, such stakes, marks, eta., shall be replaced at the CONTRACTOR'S expense. 2,0j ENGINEER'S AUTHORITY AND DUTY. The ENGINEER shall have the right of supervision of the work, to tho limited extent hereinafter mentioned, for the purpose of seeing that the improvements are constructed in conformity with the contract. It is understood and agreed, however, that the ENGINEER'S supervision is for the sole purpose of seeing that the improvements are constructed in accordance with the contract, to the end that the OWNER upon completion will have improvements conforming to the plans, specifi- cations and other ccntract documents. The ENGINEER is the ENGINEER of the OWNER, as aforesaid, and all supervision and other duties of the ENGINEER under this contract are for the sole benef.u .,f the OWNER, the parties hereby expressly negating any intent that these provisions shall inure to the benefit of anyone not a party to this agreement, The CONTRACTOR is and. shall remain an independent contractor, solely responsible for the manner and method of accomplishing his work hereunder, and the safety of himself, his employees and other persons by reason of his operations here. under. The ENGINEER'S auif ority in this regard shall be limited to a right of veto with respect to methods which in the ENGINEER'S opinion would prevent the completed imprcvements conforming to the contract. The ENGINEER shall have the authority tc stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. In order to, prevent, delays and disputes and to discourage litigation., it is further agreed that the ENGINEER shall in all cases determine the amounts and quantities of the several kinds of work which are to be paid 8 9.1-66 for oNJO' '.hl or,t r'rl(A lie Shift determlr,e all questions in relation to said work ,rui U,t r, r r ,c l c ; thr r eof, and shall in all cases decide every que,at.ior. which m-,y relative to the execution of this contract on the i,,;•r•i, of lu r.ONTIi;I.C'T(,R. 'llie ENGINEFR'S estimator, and findings shall be t.i:c cura3fr,nr:. p1eccde..nt to the right of the p,rt.ies hereto to arbitra- Cion or to ar;v :rot:on or; tire ccntr',rc•t, and to any rights of the CONTRACTOR to rc,r;cro .r r mor~:y t,.,Ac, t~:is contrH-t, prov'ded, how~wor, that should the E14JI141ft r+;r,de~ pry aeu'.sior or give any directior, which, in the opinion of oither party Lr re+.o, i.: '.ot in accordance with the mo-~ning and intent of this conic +c+ , cit.h.ur I."t.y mry file with said ENGINEER within fifteen (15) days his writi.er. objection to the decision or direction so rendered, and ty action m.-y resei^.o the right to submit the yAostion so raised to arbit.r tioi, :as I.io•uided. It is the intent of this agreement that tt,~ sh,-.ll no delay in the execution of the work; therefore, the writtor, aeaa~or; cr directions of the ENGINEER. as rerdrjrrsd shall be promptly carried out, ord i,nzy claim zrising therefrom shall be thereafter adjusted by arbit;,,Uor. as hereLtiafter pruvided. The F,Iw;f.P&M sh,t tl, within a reasonable time, render and deliver to both the rUNU, ;a,d the CONThtVTOI' a written decision on all claims of the parties hereto and on :ill questions which mV arise relative to the execution of the woxk o_ the ir,terpret-~,ticn of the contract, specifications and plans. 'hould the h.NiliNbER fail to make such decision within a reasonable time, an appeal. to arbitration may be taken as if his decision has been rendered against, the p:;rty appealing. Whenever the words "directed", "required", "permitted", "designated", "considered r;ecessar,v", "prescribed", or words of like import are used, it shell, be understood that the direction, requirement, permi:,sion, order, designation or prescription, of the ENGINEER is intended; and similarly, the words "approval", "acceptable", "satisfactory", or words of like import shall mean approved by or acceptable or satisfactory to the ENGINEER. 2. u3 SUPERINTEN ) NCE AND INSPECTION. It is agreed by the CONTRACTOR that the ENGINEER shall bet is hereby authorized to appoint from time to time such subordinate engineers, supervisors or inspectors as the said ENGINEER may deem proper to irspect the material furnished and the xork.done under this agreement, and to see that the said material is furrished and said work is dune in 4:L.ordanee with the specification therefor. The CONTRVTOR. shall furnish ..0I rr;ason,sble .:d and assistance required by the subordinate engineeer s, s,: ."risor s r.; lr,s;*::etur•s for the proper Inspection and examina- t1on of tl:e work. Tho rulings 4nd decisions of any sach subordinate engineers, supervisors or ir:spect,ors so eppoivited, when consistent with the obligations of this agtet:meni, and the accompanying plans and specifications, shall have the ; ame force aria effect as rulings and decisions of the ENGINEER hereunder; prarvided, however, ahojld the COMPACTOR object to any rating or decision by such subordinate engineer, supervisor or inspector, the CONTRACUR may within six (6) days make written appeal to the ENGINEER for his decision. 9 ' 9-1-66 i 2.04 CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give per- sona attention'to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistant, all satisfactory to the ENGINEM. The super- intendent shall represent the CONTRACTOR in his absence and all directions givers to him shall be as binding as if given to the CONTRACTOR. The CONTRACTOR is and shall at all times remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, so long as such methods do not adversely affect the completed improvements, and solely responsible for the safety of himself, his em- ployees and other persons, as well as the safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. The CONTRACTOR is and at all times shall remain an indeperdent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements, the OWNER and ENGINEER being interestad only in the result obtained and conformity of such completed improvements to the plans, specifications and contract. Likewise, the CONTRACTOR shall be solely responsible for the safety of himself, his employees and other persons, as well as the safety of the improvements being erected and the property of himself or any other person, as a result of his operations here- under. Engineering construction drawings and specifications, as well as any additional information concerning the work to be performed passing from or through the OWNER or ENGINEER, shall not be interpreted as requiring or allowing CONTRACTOR to deviate from the plans and specifications, the intent of such drawings, specifications and any other such instructions being to define with particularity the agreement of the parties as to the work the CONTRACTOR is to perform. CONTRACTOR shall be fully and completely liable, at his own expense, for design, construction, installation and use, or non-use, of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction. Any review of work in process, or any visit or observation during construction, or any clarification of plans and specifications, by the OWNER or ENGINEER, or any agent, employee or representative of either of them, whether through personal observation on the project site cr by means of approval of shop drawings for temporary construction or constrr aion processes, or by any other means or method, is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature of work completed or being performed, as measured against the drawings and specifications constituting the contract, or for the purpose of enabling CONTRACTOR to more fully understand the plans and specifications so that the completed construction work will conform thereto, and shall in no way relieve the CONTRACTOR from full and complete responsibility for the proper performance of his work on the project, including but without limitation the propriety 10 9-1-66 of means and methods of the CONTRACTOR in performing said contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Deviation by the CONTRACTOR from plans or specifications that may have been in evidence during any such visitation or observation by the OWNER or ENGINEER, or any representative of either of them, whether called to the CONTRACTOR'S attention or not, shall in no way relieve CONTRACTOR from his responsibility to complete all wort: in accordance with said plans and specifications. 2.05 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the around, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the ENGINEER or the OWNER, either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. 2.06 CHARACTER OF WORKMEN. The CONTRACTOR agrees to employ only orderly and competent then, skillful in the performance of the type of work required under this contract, to do the work; and agrees that whenever the ENGINEER shall inform hin in writing that any man or men on the work are, in his opinion, incompetent, unfaithful or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the ENGI*MIS written consent. 2.07 CONTRACTOR'S BUILDINGS. 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 sanit-/ry conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the ENGINEER. 2.08 SANITATION. Necessary sanitary conveniences for the use of laborer' 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 draw ngs and schedules required for the work of the various trades, and the ENGINEER shall pass upon them with reasonable promptness, making desired corrections. The CONTRACTOR shall make any corrections required by the ENGINEER, file with him two corrected copies and furnish Such other copies is may be needed. The ENGINEER'S approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for devi: tions from drawings or specifications, unless he has in writing called the ENGINEER'S.attention to such deviations at the time of submission, nor shall • 11 9-i-66 it relieve him from responsibility for errors of any sort In ;hop drawings or schedules. SucK review by the ENGINEER shall be for tho axle 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 independont contractor as previously set forth, it being expressly understood and agreed that neither the ENGINEER nor the OWNER assumes any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during CONTRACTOR'S performance hereunder. 2,10 PRELIMNARY APPROVAL. The ENGINEER shall not have the power to waive the obligations of this contract for the furnishing by the CONTRACTOR of good material, and of his performing good work as herein described, all in full accordance with the plans and specifications. No failure or omission of the ENGINEER to condemn any defective work or material shall release the CONTRACTOR from the obligations to at once tear out, remove and properly replace the same at any time prior to final acceptance, upon the discovery of said defective work or material; provided, however, that the ENGINEER shall, upon request of the CONTRACTOR, inspect and accept, qualify, or reject any material furnished, and in event the material has been once accepted by the ENGINEER, such acceptance 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 spacifications for said work, all expense of removing, re-examination and replacement shall be borne by the CONTRACTOR, otherwise the expense thus incurred, shall be allowed as EXTRA WORK, and shall be paid for by the OWNER; provIded that, where inspection or approval is specifically 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 bear all expense of taking up, removing, and replacing this work if so, directed by the ENGINEER. 2.11 DEFECTS AN11 TREIR REMEDIES. It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the ENGINEER as unsuitable or not in conformity with the specifications, the CONTRACTOR shall, after receipt of, written notice thereof from the ENGINEER, forth- with remove such material and rebuild or otherwise remedy such work so that it will be in full accordance with this contract. 2.12 CH-A FS Alin ALTERATIONS. The CONTRACTOR further agrees that the OWNER may make such changes and alterations as the OWNER may see i'it, in the Line, grade, form, dimensio,zs, plans, or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construc_ tion, without affecting the validity of this contract and the accompanying performance and payment bonds. 12 ' 9.1-66 If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with, except as provided for unit price items under Section 5, "Measurement and Payment". If the amount of work is increased, and the work can fairly be classified under the specifi- cations, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this contract, except as provided for unit price items under action 5, "Measure- munt and Payment"; otherwise, such additional work shall be paid for as provided under Extra Work. In case the OWNER shall make such changes or alterations as make useless any work already done or material already fur- nished or used in said wo"k, then the OWNER shall recompense the CONTRACTOR for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. 2.13 RIGHT OF ENGINEEI TO MODIFY METHODS AND EQUIPMENT. If at any time the methods or equipment r.sed 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 oiler. Such authority of the ENGINEER, however, is for the sole benefit of the OWNER and the safety of the improvements, in order to secure their erection in conformity with this contract; it shall remain the sole,duty and responsibility of the CONTRACTOR to take adequate precautions in h:s operations for the safety of persons and property. No failure of the ENGI1u"4R to complain of the methods and equipment of the CONTRACTOR shall excuse or relieve the CONTRACTOR of Liability for damage to the property or improvements of the OWNER by reason of his neglect or omission. 3. GENERAL OBLIGATIONS AND RESPONSIBILITIES 3.01 KEEPING OF PLANS 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. 3.02 OWNERSHIP OF DR4WLNGS. All drawings, specifications and copies thereof furnished by the ENGINEER shall riot be reused on other work, and, with the exception of the signed contract sets, are to be retarned to him on request, at the completion of the work. All models are the property of the OWNER. 3.03 ADEQUACY OF DESIGN. It is understood that the OW,YER believes he has employed 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 13 9-1-66 i 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 location on which the works herein contracted for are to be constructed or installed, by such agent or agents as he may elect. 3.0 COLLATERAL CONTRACTS. The OWNER agrees to provide by separate contract or otherwise, all labor and material essential to the completion of the work specifically excluded from this contract, in such manner as not to delay the progress of the work, or damage said CONTRACTOR, except where such delays are specifically mentioned elsewhere in the Contract Documents. 3.06 DISCREPANCIES AND OMISSIONS. It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with the generally accepted practice, as determined by the ENGINEER, and in the event of any discrepancies between the separate contract documents, specifications or drawings, the ENGINEER shall define which is intended to apply to the work. 3.0? EQUIPMENT, MATERIALS AND CONSTRUCTION PLANT. The CONTRACTOR shall provide all tools, equipment, machinery, materials, and construction plant and facilities necessary in the prosecution and completion of the contract, except as otherwise specifically set forth to be provided by the OWNER. The CONTRACTOR shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction, and any and all parts of the work, whether the CONTRACTOR has been paid, partially paid, or not paid for such work, until the entire work is completed and accepted. 3.08 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC, The CONTRACTOR shall take out and procure a policy or policies of workmen's compensation insurance with are insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workman's Compensation Law of the State of Texas. The CONTRACTOR shall at all times exercise reason- able precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State and Muni- oipal safety laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manu,.l of Accident Prevention in Construction" of the Associated General Contractors of America, except where incompatible with Federal, State, or Muniotpal laws or regulations. The CONTRACTOR shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices as may be required as requisite to the prevention of accidents. The CONTRACTOR 9-1-66 and his Sureties shall indemnify and save harmless the OWNER and all his officers, agents and employees, and the ENGINEER, and his agents and employees, from and agiinst all suits, actions, claims, demands or ,judgments, of any character, name and description, brought or asserted against any of them for or on account of any injuries or damages to persons or property, or damages of any other kind, allegedly received or sustained on account of any negligent act 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 any person, firm or corporation to provide necessary barricades, warning lights or signs, or to take any other safety precautions. This agreement of indemnity shall ex- tend to and include any suit, action or claim, of any character and description, allegedly arising out of the concurrent negligence of the CONTRACTOR and/or any sub-contractor, their agents, representatives or employees, and the OWNER, or !1. officers, agents and employees, and/or the ENGINEER, his agents and employees; and the CONTRACTOR and his Sureties will be required to pay any judgmrant, with costs, which may be obta+.ned 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 responsUility of the CONTRACTOR, in his sole discretion as an independent contractor; the inclusion of this paragraph In the agreement, as well as any notice which may be given by the OWNER, ENGINEER or their representatives concerning omissions under 01; paragraph as the work progresses, are intended only as reminders to the CONTRACTOR of his duty in said r9gard, and shall not be construed as any assumption of duty to supervise safety precautions by either the OWNER or ENGINEER. .0 PERFORMANCE A PAYMENT DONDS, It is further agreed by the parties to this Contract that the CONTRACTOR will execute separate performance and payment bonds, each in the sum of one hundred (100%) percent of the total contract price, on standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantees requiruA, and further guaranteeing furnish- a uipaymntnt iton all rsons supplying labor and matersis agreed that ing that him the persons Contract, and it als or agreed 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 shall be acceptable according to the latest list of com- panies, holding certificates of authority from the Secretary of the Treasury of the United State . As herein provided for QUARANTE , the performance bond shall remain it effect for a period of one year after the data of the Certificate of Acceptance by the OWNER. The cost of the premium for tha per- formance and payment bonds shall be included in the CONTRACTORS proposal. 1.10 TOSSES FROM N..TURAL CAUSE. All loss or damage to the CONTRAC'T'OR arising out of the nature of the work to be done, or from the action cf 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. 15 9-t-66 3.11 PROTECTION OF ADJOINING PROPERTY. The said CONTRACTOR shall take proper means to protect the adjacent or adjoining property or properties ir, any way encountered, which might be injured o, seriously affected by sny process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. The CONTRACTOR agrees to 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 any claim of any kind arising out of the existence or character of the wor%. .12 PROTECTION AGAINST CLAIMS OF SUB-CONTRACTORS, LABORERS, MATERIALMEN ANG F'URNMHERS OF MCHINERY, EQUIPMENT AND SUPPLIES. The CONTRACTOR agrees that he wall. indemnify and save the OWNER harmless from all claims growing ou. of the lsvful dermnds of sub-contractors, laborers, workmen, mechanics, materialmen, and furnishers of machinery and parts thereof, equipment, power toils, ar.9 all supplies, including commissary, incurred in the furtherance of the performance of this contract. When so desired by the OWNER, the CON- TRACTOR shalt furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the CON- TRACTOR fails so to do, then the OWNER may at the option of the CONTRACTOR .wither pay directly any unpaid bills of which the OWNER has written notice, or withhold from the CONTRACTOR'S unpaid compensation a sum of money deemed reasonably E-rufficient to liquidate any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully dis- charged; whereupon payments to the CONTRACTOR shall be resumed in full, in accordance with the terms of this contract, but'in no event shall the- pro-visions of this sentence be construed to impose any obligation upon the OWNER by either the CONTRACTOR or his Surety. 3.13 PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION, The CONTRACTOR shall pay all royalties and license fees and'shili provide for the use of any design, device, material, or process covered by letters patent or copy- right, by suitable legal agreement with'the patentee or OWNER. The CON- TRACTOR shall defend all suits or claims for infringement of any patent or' copyright rights and shall indemnify and save the OWNER harmless from arty 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 particulai design, device, material, or process, or'the'product of a particular manu.. facturer or manufacturers is specified or required by the OWNER; provided, however, if choice of alternate design, device, material, or process is allowed to the CONTRACTOR, then CONTRACTOR shall indemnify and save OWNER harmless from any loss on account thereof. If the material or process specified or required by the OWNER is an infringement, the CONTRACTOR shall be responsible for such loso unless he promptly gives such information to the OWNER. 16 9-1-66 3.14 LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe and comply with all Federal, State end local laws, ordinanens and regulations, which in any manner affect the contract or the work, nrui shall indemnify and save harmless the OWNER against arty claim arising from the violation of any such laws, ordinances, and regulations, whether by tho CONTRACTOR or his em- ployees, except where such violations are railed for by the provisions of the Contract Documents. If the C(;,'.AACTOR observes that the plans and speci- fications are at variance therewith, he shall promptly notify the ENGINEER in writing, and any necessary changes shall be adjustod as provided in the contract for changes in the work. If the CONTRACTOR performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the ENGINEER, he shall bear all costs arising therefrom. In case the OWNER is a body politic and corporate, the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the OWNER may enter into contract, shall be controlling, and shall be considered as part of this contract, to the same effect as though embodied herein. .1 ASSIGNMENT AND SUBLETTING. The CONTRACTOR further agrees that he will retain personal control and will give his personal attention to the fulfill- ment of this contract and that he will not assign by Power of Attorney, or otherwise, or sublet said contract without the written consent of the OWNER, and that no part or feature of the work will be sublet to anyone objection- able to the ENGINEER or the OWNER. The CONTRACTOR further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the CONTRACTOR from his full obligations to the OWNER, as provided by this Agreement. 3.16 CONTRACTOR'S AND SUB-CONTRACTOR'S INSURANCE. The CONTRACTOR shall not commence work under this contract until he has obtained all the insurance required under the following sub-paragraphs and such insurance has been approved by the OWNER, nor shall the CONTRACTOR allow any sub-contractor to commence work on a sub-contract until such sub-contractor has obtained complete insurance coverage as required for the CONTRACTOR. 3.161 COMPENSATION LNSURANCE. The CONTRACTOR shall procure and shall main- tain during the life of this contract Workmen's Compensation Insurance for all of his employees to be engaged in work on the project under this contract and, in case of any such wort sublet, the CONTRACTOR shall require the sub- contractor similarly to provide Workmen's Compensation Insurance for all of the latter's employees to be engaged in such work, unless such employees are covered by the protection afforded by the Contractor's Workmen's Compensa- tion Insurance. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Workmen's Compensa- tion Statute, the CONTRACTOR shall provide, and shall cause each sub-contractor to provide, adequate Employer's General Liability Insurance for the protection of such of his employees not otherwise protected. 3.162 CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE. The CONTRACTOR shall procure and shall maintain during the life of this contract 17 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 Mach person, in an amour'. 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 one accident and $100,000.00 aggregate. The CONTRACTOR shall also furnish Owner's Protective Liability Insurance, which by express provision or endorsement shall also inure to the benefit and protection of the ENGINEER, as separate policies or as a part of one of the above mentioned policies or by endorsement thereto, in the amount set forth for public liability and property damage. 3.163 AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE. The CONTRACTOR shall procure and maintain, during the life of the Contract, Automobile Insurance in an amount not less than $100,000.00 for injuries, including accidental death, to any one person and subject to the same limit for each person, an amount not less than $300,000.00 on account of one accident, and automobile property damage insurance in an amount not less than $50,000.00. 2.164 SCOPE OF INSURANCE AND SPECIAL HAZARD. The Insurance required under the above paragraphs shall provide adequate protection for the CONTRACTOR and his sub-contractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the in. sured or by anyone directly or indirectly employed by him. Insurance also shall be provided against special hazards, if any, as may be set forth in the special Conditions or Special Provisions, or elsewhere in these 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 separate policies or by additional endorsement to one of the above mentioned policies, and in the amounts as set forth for public liability and property damage, the following insurance: (a) Blasting, trior to any blasting being done. (b) Collapse of buildings or structures adjacent to excavation (if excavations are to be performed adjacent to same). (c) Damage to underground utilities. 3.16 PROOF OF CARRIAGE OF INSURANCE. The CONTRACTOR shall furnish the OWNER with satisfactory proof of coverage by insurance required in these Contract Documents in amounts and by carriars satisfactory to the OWNER. Proof of carriage of insurance by sub-contractors shall also be furnished. 18 9-1-66 3.1? GENERAL INDEMNIFICATION. The CONTRACTOR agrees, without in any way limiting other provisions of this contract, to protect, indemnify and hold the OWNER and ENGINEER free and harmless from and again;. any and all claims, liens, demands, liabilities, penalties and causes of a,;i,ion of every kind and character, including but not limited to, the amount!; of judgments, penalties, interests, court costs, costs of litigation arr3 reascnable legal foes incurred by the OWNER or ENGINEER in defense of same, arising in favor of governmental agencies or any third parties (includinf;, but not limited to, CONTRACTOR and Sub-Contractors and employees of CO'+i'RACTOR and Sub- Contractors) on account of taxes, claims, demands, liens, debts, penalties, persinal injuries, death or damages to property, and wittiout limitation by enumeration, all other claims, demands or causes of action of every character occurring or in anywisa 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 Rib-Contractors or their employees, or in connection with or arising out of any deviation from plans or specifications even though such deviation occurs with or without the know- ledge of the OWNER or ENGINEER, and whether or not such deviations have been called to CONTRACTOR'S attention, except insofar as responsibility, if any, may be expressly assumed by the OWNER or ENGINEER under the provisions of this contract. 3.18 GM4NTEE. The CONTRACTOR shall guarantee the work against failure or malfunction due to defective materials or workmanship for a period of one year from the date of the written Certificate of Acceptance of the OWNER. Where the CONTRACTOR is required to procure and furnish articles manufactured by others, the standard warranty, if any. of the manufacturer thereof shall be delivered to OWNER by CONTRACTOR in form to inure to OWNER'S benefit. This guarantee will not apply to defects of any materials or equipment fur- nished by the OWNER to the CONTRACTOR for installation; however, the guarantee will apply to any defects in workmanship in the installation by the CONTRACTOR of such materials or equipment. When defective material and workmanship are discovered, all required repairs shall be made by the CONTRACTOR at his own expense. Such repairs shall be initiated within five 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 co-apleted within a reasonable length of titer. Should the CONTRACTOR fail to i„itiate the repairs within five (5) 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 thin guarantee, the CONTRACTOR'S Performance Bond shall remain in effect for a period of one year after the date of written acceptance by the OWNER. 19 9-1-66 3.19 WAGE RATES. .he OWNER in accordance with statutory, rerlu:rements has determined the general prevailing rates of waCes as applicab'ie to the project, and tho 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 COMPIETION. It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the wNr :ACTOR shall prosecute his work at such times and seasons, in such order of preced- ence, and in such manner as shalt be most conducive to economy of construc- t1on; 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 tuna of completion designated in the Proposal; provided, also that when the OWNER is having other work done, either by contract or by his own force, the ENGINEER may direct the time and manner of constructing the work done under this contract, so that conflict will be avoided and the construction of the various works being done for the OWNER will be harmonized. The CONTRACTOR shall submit, at such time as may reasonably be requested by the ENGINEER, schedules which shall show the order in which the CONTRACTOR proposes to carry on the work, with dates at which the CC RACTOR will start the several parts of the work, and estimated dates of completion of the several parts. Within seven (7) days after the end of such calendar month, the CONTRACTOR shall report in writing to the ENGINEER any day 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 tr,• changes ordered in the work, or by strikes Lockouts, fires, and unusual delays by b common carriers, or unavoidable cause or causes beyond the CONTRACTOR'S control, or by any cause which the ENGINEER ray 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 20 9-1-66 the work embraced in this contract. In case paid work mhy be stopped by the act of the OWNER, then such expense as in the Judgment of thn ENGINEER is caused by such stoppage of said work shall be paid by the OWNER f.n 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 thri number of days heroin agreed upon for the completion of the work herein apr,cified and contracted for (after due allowance of such extension of time as is provided for under Extension of Time hereinabove), the OWNER may withhold permanently from the CONTRACTOR'S total compensation, the amount per day giver, in the following { schedule, not as a penalty, but as liquidated damages aryl 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 1009001 to 5009000 150 500,001 to 190009000 200 100000001 to 2,000,000 300 Over 21,000,000 400 5. MEASURE KENT AND PAYMENT 5.01 QUANTITIES AND MEASUREMENTS. No extra or customary measurements of arty 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 rror-K. It is understood and agreed that the actual amount of work to be done arld 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 work done and the material furnished. Where payment is based on the unit price method, the CONTRACTOR agrees that he will make no claim for damages, anticipated profits or otherwise on account of any differeneea which may be fou-A between the quantities of work actually done, the material actually furnished under this contract and the estimated quantities contemplated and contained in the proposall provided, however, that in case the actual quantity of any item should become as much as 25% more than, or 25% less than the estimated or contemplated quantity for such items, then either pa":y 21 9-1-66 i to this Agreement, upon demand, shall be entitled to a revised consideration upon the portion of the work above or below 25% of the ostimatt)d r{uantity. Any revised consideration is to be determined by agreemunt betwoer. the parties, otherwise by the terms of this Agreement, as provided under "Extra Work". x.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 CONNTRACTOR, 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 tho3 Proposal hereto attached, which has been made a part of this contract. The CONTRACTOR hereby agrees to receive such prices in full for furnishing all material and all labor required for the aforesaid work, also for all expense incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this Agreement, the attached specifi- cations and requirements of the ENGINEER. 5.04 PARTIAL PAYMENTS. On or before the 10th day of each month the ENGINEER shall prepare a statement showing as completely as practicable the total value of the work done by the CON'TRACTOF> 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 .nto the work. Me 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- expoeted and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR, the OWNER may - upon written recommendation of the ENGINEER - pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR; or the CONTRACTOR, at the GWNER'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 oily to the conditions stated under "Final Payment". 5.05 USE OF COMK ETED 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 tho entire work of such portions sway not have e:vired, but such taking possession and use shall not be deemed an acceptance of any work r,ot completed in accordance with the Contract Docu. ments. If such prior use increases toe 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 ENGINEER'S judgement should be done, -if any, in order to substantially complete the work. The "subst.ntial completion" of the structure or facility shall not excuse the CON'IPA'71(oft from performing all of the work undertaken, whether of a minor or major nature, and thereby completing the structure or facility in accordance with the contract Documents. 1:06 FINAL COMPLETION AND ACCEPTANCE. Within ten (10) days after the CON- TRACTOR has given the ENGINEER written notice that the work has been completed, the ENGINEER And the OWNER shall inspect the work and within said 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 reaso.is for non-acceptance. 5.0 FINAL PAVENT. Upon the issuance of the Certificate of Completion, the ENGIIr'EF.R 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 aaid 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 WITHMLD. The OWNER may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating probable filing of claims. (c) Failure of the CONTRACTOR to make payments properly to sub-contractors or for material or labor. (d} Damage to another contractor. When the above grounds are removed, or the CONTRACTOR provides a Surety Bond satisfactory to the OWNER, which will protect the OWNER in the amount with- held, payment shall be made for amounts withheld because of them. 5.09 DUAYED PAYWYrS. Should the OWNER fail to make paymnt to the CON- TRACTOR of the sun names in any partial or final statement, when payment is 23 9-i-66 due, or should the ENGINEER fail to issue any statement on or hofore the date above provided, then the OWNER shall pay to the CONTRACTOR, ire c.ddition to the sum shown as due by such statement, interest thereon at the tats of six (6%) percent per annum, unless otherwise specified, from date due as provided under "Partial Payments" and "Final Payments", until fully paid, which shall fully liquidate any injury to the CONTRACTOR growing out of such delay in payment, but the right is expressly reserved to the CONTRACTOR in the event payments be not promptly made, as provided under "Partial Payments", at a:q 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. ErrRA WORK AND CLAIMS 6.01 EXTRA WORK. It is agreed that the CONTRACTOR shall perform all Extra Work under the direction of the ENGINEER when presented with a written Work Order signed by the ENGINEER, subiotot. however, to the right of the CONT&kCTOR 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 .'ollowing methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) nor Method (Li) be agreed upon before the Extra Work is commenced; then the CONTRACTOR shall be paid the "actual field cost" of the work, plus fifteen (15%) percent. In the event said Extra Work be peefdrmed and paid for under Method (C), then the provisions of this pe-agraph shell apply and the, '!actual field cost" is hereby defined to include the cost to the CONTRACTOR of all workmen, such as foremen, timekeepers, mechanics and laborers, and materials, supplies teams, trucks, and rentals on machinery and equipment, for the time actually employed or used on such Extra Work, plus actual transportation charges necessarily incurred, together with all power, fuel, lubricants, watar, and similar operating expenses, also all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security, Old Age Benefits, and other payroll taxes, and a rateable proportion of premiums on Performance and Payment Bonds, and haintenance Bonds, and on AAblic Liability and Property Damage, and Workments 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 tha 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 writiro, before the work commences, the method of doing the work and the type and kind of machinery and equipmenti to be used. Unless otherwise agreed, upon, the price; for the use of machinery and equipment shall be determined by using 100 'percent, unless otherwise specified, of the schedule, current at the tin of such use, of Equipment Ownership Expense adopted .by the Associ",ed General Contractors of America. Where practicable the terms and prices for „-A emir machinery E, 24 9-1-65 and equipment shall be incorporated in the Written Extra Work Order. The fifteen (15%) percent of the "actual field cost" to bo paid the CONTRACTOR shall cover and compensate him for his profit, overh6ad, general superinten- dence and field office expense, and all other olements 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 the 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 make written request to the ENGINEER for written order authorizing such Extra Work. Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefor, and the ENGINEER insists upon its performance, the CONTRACTOR shall proceed with the work after making written request for written order and shall keep an accurate account of the "actual field cost" thereof, as provided under Method (C). The CONTRACTOR will thereby preserve the right to submit the matter of payment to arbitration, as hereinbelow provided. 6.02 't1W OF FILING CLAIMS. It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the CONTRACTOR shall be in writing and filed with the ENGINEER within fifteen (15) days after the ENGINEER has given any directions, order or instruction to which tha 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 deoisioh'in'wiriting. In case the CONTRACTOR should appeal from the ENGiNELRIS decision, any dematid for arbitration shall be filed with the ENGINEER and the OWNER in writing within ten (10) days after the date of delivery to CONTRACTOR of the ENGINEER+S final decision. It is further agreed that final acceptance of the work by the OWNER and the acceptance by the CONTRACTOR of the final payment shall be a bar to any claims by either party, except where noted 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 be three, one named in writing by each party, and the third chosen by the two arbiters so selected; or if the arbiters fail to select a third within ten (10) days, he shall be chosen by a District Judge serving the County in which the mayor portion of the pro pct is located, unless otherwise specified. Should the party demanding arbitea ton 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 ti.'% 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 writing, the arbiters are empowered by both parties to take ex parte'proceedings. 25 9-1-66 The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract. The decision, of the arbiters upon any question submitted to arbitration under this contract shall be a con- dition precedent to any right of legal action. The decision of thh arbiter or arbiters may be filed in court to carry it into effort. 'j. ABANDONMENT OF' CONTRACT i.01 ABANDONMENT BY CONTRACTOR. In case the CONTRACTOR should abandon and fail or refuse to resume work within ten (10) days after written notification from the OWNER, or the ENGINEER, or if the CONTRACTOR fails to comply with the orders of the ENGINEER, when such orders are consistent with the Contract Documents, then, and in that case, where performance and payment bonds exist, the Surety on the bonds shall be notified in writing and director) to complete the work, and a copy of said notice shall be delivered to the CONTRACTOR. After receiving said notice -)f 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 frr 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 oredit therefor (except when used in connection with Extra Work, where credit shall be allowed as provided for under Section 6, Extra Work and Claims), it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. WVeie there is no performance bond provided or in case the Surety should j fail to ol~mmence compliance with the notice for completion hereinbefore pro- vided for within ter (10) days after service of such notice, then the OWNER may provide for completion of the work in either of the following elective manners. I 7 U11. The OWNER may thereupon employ such force of men and use such machinery, equipment, tools, materials, and supplies as said OWNER may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials, and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER.out of such moneys as may be due, or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the CONTRACTOR, then said CONTRACTOR shall receive the difference. In case such expense is greater than the sum which would have been payable urder this contract, if the same had been completed by said'CONTRACTOR, then the CONTRACTOR and/or his Surety shalt pay the amount of such excess to the OWNER; or 7,012. The OWNER, under sealed bids, after five (5) days notice published one or more times in a newspaper having general circulation in the county of the location of the work, may let the contract for the completion of the work under 25 9-1-66 substantially the same terms and conditions which are provided to this con- tract. In case of any increase in cost to the OWNER under t;ie new contract as compared to what would have been the cost under thin contract, such increase shall be charged to the CONTRACTOR and the Surety shall be and remain bound therefor. However, should the cost to complete any such new contract prove to be less than what would have been the cost to oomplote under this contract, the CONTRACTOR and/or his Surety shall be credited with the difference. When 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 OWNER as the case may be, shall pay the balance due as reflected by said statement, within fifteen (15) days after the date of such Certificate of Completion. In the event the statement of accounts shows that the cost to complete the • work is less than that which would have been the cost to the OWNER had the work been completed by the CONTRACTOR under the terms of this contract; or when the CONTRACTOR and/or his Surety shall pay the balance shown to be due by them to the OWNER, then all machinery, equipment, tools, materials, or supplies left on the site of the work shall be turned over to the CONTRACTOR and/or his Surety. Should the cost to complete the work exceed the contract price, and the CONTRACTORC 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 in 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, materials, or supplies and apply the net sum derived from such sale to the credit of the CONTRACTOR and his Surety. Such sale may be made at either public or privets sale, with or without notice, as the OWNER makv elAct. The OWNER shall relbuse any machinery, equipment, tools, materials, or supplies, which remain on the work and belong to persons other than the CONTRACTOR or his Surety, to their proper owners. The books on all operations provided herein shall be open to the CONTRACTOR and his Surety. 7.02 ABANDONMENT BY OWNER. In case the OWNER shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of the work that have not been included'in payments to the CONTRACTOR and have not been brought into the work. And thereupon, the ENGINEER shall make an estimate 27 9-1-66 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 a)mpletion and which cannot be utilized. The ENGINEER shall then make final otatement 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, on 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 26 9-i-66 DETAIL SPECIFICATIONS CONTRACT 67-1 - RAW WATER PUMPING UNIT A. SCOPE The work covered by this contract is the furnishing and Installing of one (1) vertical turbine type pumping unit as hereinafter described. The unit shall be oI the "shaft-driven" type and shall be oil lubricated. Pump connecting piping, motor starter, and electrical wiring shall be furnished and installed by the Owner under another contract. Equipment to be furnished and installed under this contract consists of the complete pump- ing unit and motor with proper lubricating materials required to place the unit Into operation. A drawing showing pump installation details is included as a part of these specifications. I This Contractor shall supervise and otherwise await In the placing of the unit into operation. The Contractor will be expected to have an experienced representative present at the "start-up" of the unit. 9. PUMPING CONDITIONS Rated Capacity Operating Head Minimum Speed Not C.P.M. Feet of Total Dynamic Head Horsevower To Exceed Minimum Rated Maximum j 50500 150 345 400 700 1800 The total dynamic head shown above for the rated point is the head at which the efficiency of the unit will be guaranteed. However, the pump shall be capable of operating throughout the range of heads indicated with a minimum water level as indicated below under pump setting. The required NPSH for proposed operation of the unit shall be submitted with other data attached to bid. C. PUMP SETTING j Elevation of Bottom of Pump Base 541.08 Centerline Elevation of Discharge Outlet 532.33 Bottom of Basket Type Strainer 477.00 Minimum Water Level 480.00 Normal Water Level 515.00 29 D. PUMPS 1. Ceneral• The pump shall be a vertical unit, turbine type, with the number of stages as tequired to pump the capacities at the heads indicated. The pump shall ccnsist of a motor mounted on a base, Impellers, bowls, dis- charge outlet, and column pipe extending from the motor base to the top of the bowls. The unit will be installed Indoors for the purpose of pumping raw water from a water supply lake. The unit shall conform to the American Standards Associati%n Standard Specifications for "Vertical Turbine Pumps" (B58.1-•1961) except as modified herein. 2. Pump Head: The pump head shall be of low rigid construction and shall be mounted, together with vertical hollow shaft motor, as an integral unit and with a shaft adjusting nut readily accessible at the top of the motor. Suitable means shall be provided for connecting the motor to the drive shaft of the pump to prevent misalignment and vibration and facilitate removal and inspection of complete equipment. The pump head or motor shall be pro- vided with a ball or roller thrust bearing of adequate strength and design to carry the hyraulic thrust load of the impellers and weight of all rotating parts. The pump base plate shall be suitable for bolting to a concrete floor, and shall be designed to span a 21•6" square opening. Non-reversing ratchet shall be included. ?imp BowIA: Bowls shall conform to ASA Specification B58.1-1961, Section 4.2.1. Pump bowls shall be of heavy duty construction and shall be capable of withstanding twice the pressure at rated capacity or one and one- half (1-1/2) time shut-off head, whichever Is greater, based on Design Con- ditions. The bowls shall not be coated with enamel or other type of coating. 4. impelller:: The impellers shall be one piece bronze castings, machined accurately to dimension, with blades carefully scraped to insure smooth passageways. The impellers shall be statically balanced, shall have non- overloading characteristics, and shall have head characteristics as steep as possible so that an increase or decrease in the operating head from the design point will not cause an excessive decrease or increase In the pump capacity. Impellers shall be attached and locked to the pump shaft in such a manner that they may be easily removed and that they will not work loose for any reason. A guide bearing shall be provided above and below each stage to keep the Impellers accurately centered. The impellers shall not be coated with enamel or other type of coating. S. wearing Rings' Each Impeller and case shall be provided with re- newable bronze wearing rings at the running point between the impeller and case. The rings shall be made to limit gauges so that they may be renewed without fitting, and shall be so designed that they are not dependent on excessively small clearances to prevent leakage. 6. Shaft: Line shaft shall meet the requirement of ASA Specification B58.1-1961, Section 4.2.4, with horsepower requirement based upon maximum horsepower requirement of pump at any point In the range of the pump. 30 I A rigid type shaft coupling shall be provided below the motor base at the top of the pump shaft and bottom of the motor shaft. The coupling shall be adequate in strength and design to transmit the hydraulic thrust from the pump to the motor thrust bearing, and to develop the full torsional strength of the shaft. Two diamattically opposite openings in the column or motor base shall be provided for access to the coupling. The impeller shaft shall be FC 416 stainless steel, or approved equal, designed to meet strength requirement not less than horsepower rating of motor. 7. Line Shatt_Baaringa: The line shaft bearings, which also shall acct as conne:ting^caupling3 for the sections of oil tubing, shall be spaced to eliminate shaft whip and vibration. Maximum spacing shall be five (51) feet. Line shaft oeavingy shall conform to the ASA Specification B58.1-1961. 8. Shaft En:loainx lugf,~ The shaft-enrlosing tube shall be made of extra strong atgel pipe in interchangeable sections not more than five (51) feet in length. "hntt -enclosing tubes shall conform to ASA Specification B58.1-1961, Se.:tion .',.2.6, 9. Discharge (")Iumn Pipes. The pipe site shall be such that the friction loss will not exceed five (5") feet per one hundred (1001) feet based on the rated capacity of the pump. Discharge column shall conform to fie require- ments of ASA Specification B58.1-1961, except as modified herein. Column pipe shall be in lengths not exceeding five (51) fee'. Sections shall be joined by means if machined flanges to provide true alignment of the column. Flanges shall be ASA, Class 125. Pipe shall be equal to "API Specifications for Casing, Tubing, and Drill Pipe", (API 5A) - Grade H-40. 10. Dis~L& Outlet: The pump discharge may be a long radius bend or a right angle outlet. An outlet of the right angle type shall be provided with an adequate number of streamlined guide vanes to minimize the turbulence and head loss in the bend. The outlet shall be 16-inch In s:&e, of the flanged type, faced and drilled ASA Class 125. 11. Scre*nr The pump shall be provided with a galvanized wire basket type screen of standard design and adequate opening areaways, and shall con- form to Section 4.1.5 of the ASA Specification 658.1,1961. 12. Lubt:catian' Shaft bearings shall be oil lubricated. An oiler having a visible means of aetermining the rate of oil flow shall be supplied. Oil reservoir shall be not less than four (4) quart capacity and shall be provided with a 3olenola ope-aced valve to be wired into the motor starter. E. MOTOR Electric motor shall be of the vertical, hollow-shaft, squirrel-cage, in- duction type. Motor shall be 2300 volt, Code F. 3-phase, 60-cycle, with a speed suitable fcr direct connection to the pump furnished. Motor shall be of minimum size shown in the tabulation under "Pumping Conditions", but shall be of a size suh that the name plate rating of the motor will not be exceeded 31 at any point within the head range shown under "Pumping Conditions" and exceeded not mete than j-percent at any point outside this range, including shut-off condtlicn. M,t)r shall operate continuously 8t rated load, voltage, and frequency with a temperature rise not to exceed 60 C. based on ambient temperature of 40o C, normal conditlons of ventilation, and sea level e'.e- cation. Astor shall have Class "B" insulation. Motot shall be wanufactuted by Allis-Chalmers or an approved equal. Motor manufacturer shall have a minimum of 5 years experience manufacturing mot)rs of this size and type. including a 5-year satisfactory service record for motor, installed in this general area. Motor shall conform to the design, construction and performance require- ments of the latest motor standards of the National Electrical Manufacturers Association. Moroi :hall be designed so that the service factor of 1.15 as defined by the NEMA may he applied. Motor shall be designed for full voltage across the line starting. Motor shall have thrust bearings adequate to carry the weight of the rotating element and the hydraulic thrust of the pump at maximum conditions with a liberal factor of safety. Motor base shall be machine fitted to the pump head to provide even hearing throughout and proper shaft alignment. Oil reservoir shall be liberal in size with gauges for indicating the level of the oil in the reservoirs and cutlets for draining the reservoirs. The general construction of the motor shall be as simple as possible con- sistent with reliable and satisfactory operation. Workmanship, design and finish shall be first class in every respect. F. MARKING Pump and drive shall have a standard name plate securely affixed in a con- spicuous place showing the rating, serial number, and name of manufacturer as well as other usual nameplate data. G. SHOP PAINTING The exposed inteiijr of all castings shall be cleaned and rubbed to a smooth surface before receiving paint. All unfinished exterior iron work shall be cleaned, filled and given one coat of the best quality "Detroit Graphite" paint or equal, mixed with pure linseed oil. The interior of all castings and parts to be painted shall be given three coats of an approved metal paint. The grade ana cciot of paint used, and the workmanship, shall be entirely satisfactory to the Ergineer. Finished parts shall be coated with approved rust preventing comp~und before shipment. H. FACTORY 'TESTS OF PUMPING UNIT The efficien:y of the pumping unit, Including electric motor, shall be tested at the specified total rated head. In addition, the unit shall be tested at heads throughout the range of operation of the unit. Due to the 32 length of pump column, a close-coupled teat will be permitted, with the column losses calculated and reflected in the test data. Certified copies of the test data and performance curves shall be submitted to the Owner. The curves shall contain al. information outlined in the paragraph "Characteristic Curves" under Se:.tion "K" below. Pumping unit shall not be shipped until test data ha3 been approved. Thi overall efficiency shall be calculated to r►flect the actual tested bowl as.ti*mbly efficiency, and the column loss, moto^ loss, etc. Before the pump is s!iipped, the Contractor shall submit a certified report of factory test of bowl assembly and the theoretical characteristic curves for the com- pleted pumping unit. The efficiency will be computed as equal to the water horsepower divided by the electric power input to the unit. Pump shall be tested In accordance with the Test Code of the Hydraulic Institute. Quantity of water shall be measured by Venturi meter, or by measuring device acceptable to both parties. Test of motor shall be made in accordance with the Standardization Rules of the American Institute ~-)f Electrical Engineers. A standard commercial test shall be performed on the motor at the factory and certified reports of test shall be furnished with the other test data. Factory tests of the unit shall be "witnessed" by an independent laboratory and/or other authorized representative of the Owner. The cost of the independent laboratory's services will be paid directly by the Owner. However, in case of failure of the unit to meet the specification requirements, the cost of laboratory services for re-run tests will be "back-charged" to the Contractor by the Owner. I. ASSEMBLY PRIOR TO SNIPMENT Unit may be disassembled for shipment, but the Contractor shall certify that at the factory, prior to shipment, the unit has been completely assembled, each part to each adjoining part, and that the pump and motor haR been aligned. J. INSTALLATION OF PUMPING UNIT This pumping unit is to replace an existing pumping unit. As a part of this contract, the existing unit shall be removed and hauled to the City Warehouse in Denton for storage. The existing unit is a vertical turbine pumps similar to the proposed unit, equipped with a 100 horsepower electric motor. Column pipe is in 510" lengths, with the same bowl setting as proposed for the new unit. Care shall be exercised not to damage the e~:isting unit as it is being removed. The assembly and installation of the new unit shall be by personnel who are experienced in the installation of pumping units of this type. The base plate shall be leveled, anchored into place with expansion bolts, and grouted with Embeco grout. Extreme care shall be taken to ensure proper alignment between the discharge tee and the existing discharge piping to which the pump will be connected. 33 Piping connections and electrical wiring will be done under another contract. K. ACCEPTANCE TEST Upon the completion of installation of the unit, including wiring and piping, the Contractor snall conduct a performance test to demonstrate that the pump complies with all the requirements of these specifications. The test shell be conducted in a manner approved by and in the presence of the Engineer. The purpose of the acceptance test is to verify the satisfactory performance of the unit with regard to noise, alignment, vibration, general operation, etc. The unit must perform in an acceptable manner before final payment is made by the City. L. INFORMATION TO BE SUBMITTED WITH BID 1. General; The Bidder shall furnish a complete description of all equip- ment offered under these specifications, including catalogues, cute, and pertinent engineering data. Where the Bidder's product differs from the specified r-.- quirements and/or catalogue description, each point of difference shall be clearly stated. This requitbment is set forth to facilitate the review of bids and is not to be construed by the Bidder as waiving any of the requirements of the specifications. 2. Characteristic Curves: Characteristic curves for pumps offered shall be submitted with the bid. Curves shall show the capacity, net positive auction head required, head, efficiency and brake horsepower throughout the range of the pump. Characteristic curves for pumps shall have the capacity plotted as abscissa and the operating head, brake horsepower, and efficiency plotted as ordinates. Curves shall cover the full range of operating from shutoff to maximum capacity. 3. Guaranteed Efficiencies: A statement of guaranteed overall efficiency for pumping unit3 with electric motor-drives at the specified heads shall be submitted with the bid as provided in the bid form. 4. Data Sheet: Data sheets supplying the following information for each unit of equipment shall be submitted with the bid: ( 1) Make ana type of pump ( 2) Number of stages in bowl assembly ( 3) Diameter and wall thickness of discharge column ( 4) Diameter of line shaft ( S) Diameter and width of impeller ( 6) Maxlmwn diameter impeller for bowl furnished { 7) Diameter of discharge flange { 8) SAE grade of steel for lin-I shaft ( 9) Axial thrust on line shaft (F) in pounds (10) Combined shear stress (Pt) of line shaft in pounds per square inch (11) Friction loss in discharge column at rated capacity (600 GPM) in feet per 100 feet of column 34 (12) Velocity in discharge column at rated capacity (13) Shut off head of pump (14) Maximum horsepower requirement of pump (15) Horsepower requirements of line shaft - H.P. per 100 feet of shaft (16) Total maximum horsepower requirements of pumping unit at the point of connection to motor (17) Net positive suction head required (18) Make and type letter of motor (19) Speed • RPM (20) Brake horsepower of motor at 40 degree C rise (21) Type of motor bearings (22) Maximum starter current in percent of full normal load (23) Motor efficiency at full load (24) Motor efficiency at 3/4 load (25) Metnod of insulating and impregnating motor coils Weixhts (26) Weight of complete unit (27) Weight of bcwl assembly (28) Weight of pump base (29) Weight of discharge column pe-• 10 foot section (30) Weight of motor Complete Pumping Unit (31) Overall efficiency at Design Conditions M. GUARANTEE It shall be guaranteed that the pump, motor, and accessories will meet the operating conditions stated herein, and the Contractor shall make good any defect of material or workmanship developing within one (I) year from date of acceptance, at no expense to the Owner. N. COMPARISON 01 BIDS In comparing the bids, the Owner reserves the right to take into consider- ation the lump sum price bid for the equipment and the estimated operating cost based on overall guaranteed efficiencies. The basis of computing capital costs of operating efficiencies are as follows: Power Rate 1C per KWH Interest Rate 4-1/2X Life of Pumping Units 15 Years Percent of Operation 20% 35 0. FAILURE TO MEET EFFICIENCY GUARANTEE In the event the results of the specified factory tests show that the pumping units have a lower efficiency than that guaranteed, the City may accept the units at a redu:ed price. The reduction In price shall be computed on the basis of 50% more than determined in the valuation of efficiencies set forth above. In the event the actual overall efficiency is so low as not to be acceptable t~ the Owner, the manufacturer shall make such minor adjustments as required to meet the original guarantee. If major adjustments are required, the defective unit shall be replaced with a new unit meeting the specifications and guarantees. P. ERECTION ENGINEER This Contractor will be required to furnish the services of an Erection Engineer at the "start-up" of the unit. It shall be the responsibility of the Erection Engineer to verify final adjustment and place the unit into operation. The cost of these services shall be included in the lump sum bid for the unit. Q. PAYMENT The City will pay eighty (80%) percent of the bid price of any unit of equipment upon the delivery of the complete unit at Denton, Texas. However, the eighty (80X) percent payment will not be made unless factory tests show compliance with the guaranteed performance requirements. Final payment of the remaining twenty (20X) percent will be made within approximately thirty (30) days after completion of installation and satisfactory tests of the equipment. In the event Installation and tests are not made within six (6) months after completion of delivery, final payment will be made at the end of the six (6) months. END OF CONTRACT 67-1 36 ':CENIRA:I 67-2 - HIGH SERVICE PUMPING UNIT A, SCOPE Thi ,cn;rs.~. era ;},e furnishing and delivery of one ( 1) horizontal centrifugal p,,:rp:nv, %nit.. Psmping unit shall to a single stage pump driven by an induction r•~,•_^r. The Owner will furnish starting equipment, installa- tion, connecting Firing, and wiring under a separate Contract. T•r,is !hail superei.Ae and otherwise assist in the placing of the unit int,-) The Contractor will be expected to have an experienced reprosentati-re Lre.ent at +,he "..tart-up" of the unit. B. PUMPING CONX11C:NS Rated Operating Head Capacity Feet, of Total Dynamic Head Minimum Speed Not GPM Minimum Rated Maximum Horsepower to Exceed 61400 180 250 300 500 1200 RPM I The total dynamic head shown above for the rated point is the head at which the effioiencv of the unit will be guaranteed. However, the pump shall be capable of oFerating throughout the range of heads indicated. The required NPSH for propose,1 ^peration of the unit shall be submitted with other data attached to bid. Suction conditions may vary from a suction lift of 8 feet to a suction head .f 12 feet. C. PUMPS t. General: E:,ch pump shall be of the volute type, horizontal shaft, double suction, side suction and discharge, single stage. Direction of rota- tion, when viewe3 7r;-m motor and, shall be clockwise. 2. Casing- Lasing Shall. be of strong close grained iron split hori- zontally, with s,::,I -n and discharge nozzles cast integrally in lower half so that uppdr Fear, may to removed for inspection of rotating parts without disturbing F:pe -_onne.t,14~ns and pump alignment. The joint between halves of the c:,sing sh~7.1 re Lea•,ily flanged and bolted and provided with dowel pins to insure acc-.ra,.e alignment. The interior shall be smooth and free from surface defect.. Flanges shall be cast solid, with drilling and dimensions conforming to the 25C pnand American Standard and spot faced on the back of all bolt, toles. Cz=ing shall to tested at manufacturer's shop under a hydro- static pressire of :.50 pounds per square inch. Eye bolts or lifting lugs for lifting and :%ital.ie tapped openings for priming connections, gages and drainage shall be provided. 3. Impeller: irpeller shall be of double suction enclosed type, made entirely of bronze; finished smooth all over and of ample strength and stiff- ness for maintaining :he maximum capacity of the unit. It shall be accurately 37 hydraulically and me,;hanj;all; balanced tt „void vibration and and thrust, and shall be keyed o v *,%e - .aft nd secl.rely 1,e:d in axial position on the shaft ty meani cf bronze ;naf% -leeves proporly secured to the shaft so that it cannot becoma unfastened when the pump 1r reversed, i4, Wearing Rings. At t.'ce rsnning Jyint between suction and discharge nharnbers, rensuwat,le bronze snaring rings of approved type shall be provided on both casing and ;Lmpeller. Tiie casing rings shall be secured by dowel bolts ,~r 11%her approvers method. Impeller rings shall be screwed or securely bolted or so fastened that they cannot become loose when the pump is reversed. The rings shall be made to limit gages, so that they may be renewed without fitting. They shall be so designed that they are not dependent on excessively small clearance to prevent leakage. 5. S'„aft: Tne shaft. shall be of such dimensions that the maximum fiber :tress due to combined bending and twisting moments shall not exceed 8,000 pounds per square in^.h tinder the most severe conditions of operation. Shaft sleeves shall extend from impeller hub through stuffing box. They shall be bronze and shall be eadily renewable. 6. Stuffing boxes: Stuffing boxes shall be water sealed, and shall be designed to insure tight packing without excessive wear or friction on the shaft, and to present air leakage into the pump under all conditions of opera- tion. Sealing water shall be taken from high pressare side of the volute. Glands shall be of bronze, shall be split type, and shall be held in place by swing bolts. Drip pockets shall be provided on all water sealed glands, and shall be piped to commor. drains to take care of leakage. Y. Couplings: Flexible :ouplings between the pump and motor shall be of heavy duty type, designed so that the pump shaft may be removed without dis- turbing the position or ad;u;tment mf the driving unit. Couplings shall be Fast's Self-Aligning Coupling as manufactured by the Kopper's Company, or apr^oved equal, Horizontal surface of the coupling shall be machined parallel t:~ the axis of :.he shaft; fares of couplings shall be machined perpendicular to the axis cf the :haft 8, Bearings: The rearing shells shall be rigidly supported by suitable brackets cae'. integrally with the pump caning. The bearings shall be so arranged as to prevent water from finding its way to them. Bearings shall to of the babbited ring type, hcrizontally split, with renewable caps or apprr,ved tall or roller anti-friction type. Outboard bearings shall be cap- able of taking the end thru ts. 9. Balance: All rotating parts shall be machined true to insure rota- t.-ional balm e with the impeller mounted on the shaft together with the coupling and oiner }arts that may be mounted on the shaft, sash that the pump shall be free from vibration. 10. Base Plates: Blimp and motor drive ehall have a common base plate with raised lip and tapped fcr drainage connections. Base plates shall be cast iron 38 ' cf tr:e c.cx patteri ~r i;tricated steel, heavily ribbed and of sufficient :trengi ani iepoh to insures rigidify and sc designed as to make a good appearance, and pr:"J i w-ch adequate groat hole3. Base plates shall be provided with planned supports cr tearing pads for the pump and motor, If :mill oe ir.Liked to receive e suitable nl;rber of foundation bolts. Founda- ion t alt s ::mple,:e wiT'I S laelres, washers, nuts, etc., shall be furnished with ea-h f1:mpir.g '.:nit ana shipped within thirty (30) days after the award of ,cn'ra_t, 1 t., Cock ;rd Plug. 14anp shall be equipped with air cock and drain plug. D, MOTOR Motor fo,, driving '.he pumping unit shall be squirrel cage induction, 2000 vclts, 3-pt4are, 60•cycle, Code F, 1,760 RPM, maximum, and of same speed as plunp being ciri.ven, and of a horsepower rating adequate for the horsepower requirements of the pump throughout the operating range of the unit, but in no event shall the horsepower be less tti,n 500 horsepower. Motors shall operate continuously at rated load, voltage, frequency and power factor with a temperature rise not to exceed A degrees Centigrade. This temperature rise shall be based on an ambient temperature of 10 degrees Centigrade, normal conditions of ventilation. The motor shall be so designed that the service factor of 1.15 as defined by the National Ele?trio Manufacturers Association may be applied. Motor shall to capable of :farting when the pump is operating against a check valve having a full head on the discharge side and shall be so designed for start- ing and breakdown torque characteristics as required for driving the centri- fugal pump. The motor shall be designed for full voltage starting. Motor shall be capable cf delivery of rated horsepower continuously when the voltage variation does not exceed ten (10%) per cent above or below normal. The generAl con i ruct.ion of the motor shall be as simple as possible, consistent wi',h reliable and satisfa%tory operation. Workmanship, design, and finish shale. be firs'.-class in every rerpec.t. Bearings shall be oil ring *,ype and self--il.'ing anti rhall have ample surface to insure cool runnings, rail re=eryons shall be literal in Hie; gauges for indicating the height cif oil and c nlet. for drawing it off shall be provided. Split and shields ;hall be provided for ease of disassembly for inspection and repairs. Motor shall be mansfactured in accordance with the standards of the National Electric. Manufacturers Association and American Standards Association, All tests shalt re made in accordance with the standards of the American Institute of Electri:al Engineers. The power Germinal connection box of the motor shall be on the left side of the motor when waling from the pump end. 39 E. MARKING Pump.: and driveF e .,,.r !}ail na-.e a .-,tandari nameplate securely affixed in a . -n,-p icu(:u e plate =t G'~ tjt I t e ratings, serial number, and name of manufacturer as veil as other u:jal n.,*mpp.a:e data, F. SRO? PAIRIINU All cae+, ings and par+ t.e inspected an,i approved t,y the Engineer before painting, unless _:urn inspe:tion may be warred by the City. The exposed interior nf all castings she: le cleaned and r+ir,bed to a smooth surface before receiving paint. The interior of all astings and parts to be painted shall be gi%ren three coat., of an approved metal paint. All unfinished exterior iron work shall be cleaned, fiileo and given one coat. of the best quality "Detroit Graphite" paint, -)r e~lal, mixe-i with pure linseed oil. Finished parts shall be coated with an apprcvel nit preventing c:Nmposnd before shipment. G. FACTORY TESTS OF PUMPING INIT Tne efficiency of the pumping unit.,including electric motor shall be tested at, the specified total rayed hcid, In addition, the unit shall be tested at heads throighout the range ?f operation of the unit, Certified copies of the test data and performance curves shall be submitted to the Amer. The curves shall contain all Information outlined in the paragraph "Characteristic Curves" under Section "H", INFCRMATTON TO BE SUPPLIED WITH BID below. Pumping unit shall not, be shipped until te-t data has been approved. Pumping unit shall be tested in a:.cordance with the Test Code of the Hydraulic Institute. Qiantity cf water shall be measured by Venturi meter, or by measur- ing device acceptable to but:n parties, Test of motor shall be made in accord- ance with the Standardization Riles of the American Institute of Electrical Engineers, F;ct,nry tests shall be of tho completely assembled pumping unit, including motor, and shall be "wine=sel" by an Independent laboratory and/or authorized repre&entat.ive. The cc: t ? the independent laboratory's services will be paid d.ire,.tly by *be ~~,ner, Equipment furnished under these specifications will be sub ect tc, In.Fec•icn taring and after the process of manufacture by representst',-ves of the City who shall be afforded proper facilities for deter- mining compliance wi*h the specificat,lons, Certified factory short commercial test retorts on the jr m.-t-hull be furnished to the Owner with other test data. For compliance w tir, g,,irantees, the overall efficiency of the pumping unit, including electric m.trr, shall be calculated from factory test data at the head and :&Tacity given herein for rated conditions, Pimp manufacturer w t,h ~aner's representative shall conduct a field test to determine that the unit is i.n compliance with the specifications. Field test will to primarily to check for general operation, excessive noise, vibra- t.icn, alignment, etc. the unit must perform in an acceptatle manner before final payment is made by the City, 40 H. INr OP-VA'f lbN T' FE SUL? FLIED WITH BAD 1. Generei. 7i-.p P ider ;hall furnish a complete description of all et-,ilaaeny. -ffered -L;ti.er tKeze specifi.at.ions, including catalogs, cuts and pertinent engineer',.ng :ata. Where {,he Bidder's product differs from the =pe.ifiea .•egt.iremo,,: ;no,ior catalog description, each point of difference shall be chary This requirement is set forth to facilitate the review of bii, .ny r,;t t_^ be construed by the Bidder as waiving any of ,,}ie requi.remen•.a rif the =Fecifications, Setting and foundation plans and dimension sheet= for the equipment offered shall be submitted with each bid. Successful bioder will be required to furnish six coyaes of foundation and dinen=lcn ir;tw`Lng~, i. Char act.eriztic Csrve_i CharactAristic curves for pumps offered shall be submitted with the bid. Curve, =hall show the capacity, net positive suction head required, head, efficiency and brake horsepower throughout the range of the pump. ;'haracteristic curves for pumps shall have the capacity plotted as a'isci:.a and the operating head, brake horsepower, and efficiency plotted as ordinates. Curves shall cover the full range of operating from shutoff to maximum capacity. Guaranteed Efficiencies: A statement of the guaranteed overall efficiency for ptunpIng ani+.s with electric motor drives at the specified heads shall be submitted with the bid as provided in the bid form. 4. Data Sheets! Data sheets supplying the following information for each unit of equipment shall be submitted with the bid: Pump: ( 1) Make and type letter of pump { 2) Speed - RPM ( Diameter and width of impeller ( Ma-ciml;or, diameter impeller for casing 'urnished ( 5) Diameter of suction ( 6) Diameter of discharge ( 1} Shur-cff pressure { S) Deaigrn of Wearing Ring ( 9) Diameter rf shaft at impellor (1C) De: ign of t•xffing boxes (i,) DF_ign cf flexible coupling (12) Type cf tearings (1j) Diameter sni length of tearing bushings (14) Unit Bearing pressure (15) Di t3n_e ;enter to center of bearings (16) Maximum horsepower regwirements of pump (17) Net positive suction head required ul Mo+crs: t8) Make anc7 tvl~e le, ter (-I motor (!91 Frake hcreer-wer of motor at 40 degrees C rise CIO) Type cl mo_.,r hearings (20 MAXIM um s'~,r+ing current in per cent of full normal load (77) Metcr efficiency at full load (t3) Mc+ -.r efficiency at ;J4 load (r.4) Methci of in=»lating and impregnating motor calls Weights: (25) Weight c.; p, np (26) Weight f m•tcr (e7) Weigh'. :f rLt:r (26) We 1gig t. 0f te,d plate (29) Weight ,-,f c Lxnplet a unit Effilcien_ies: (30) The overall efficiency at raved conditions I. r.(1MFARISON OF BIAS In comparing the bid-3 the City will take into consideration the lump sum price bid for the equipment and the estimated operating cost based on overall guaranteed efficiencies. The basis of computing capital costs of operating efficiencies are as follows: Power Rate I Cent per KWH Interest. Rate 4-1/29 Life of Pt.t►,r`.ng 11nit 2S Years Per Cent CIerati-.n -f 0% J, FA'_LURE OF_HWING UNI'iS 10 MEET EFFICIENCY GUARANTEE In the event the re=ul.t of the specified tests show that the actual over- all efficiency of the pumping nil. Is less than that guaranteedq the City may acaep+ fAse antt at a red-uced price, The reducticn in price shall be computed en the tam:; of 50% more *I an the valuation of efficiencies set forth above. In the event thi: actual L,Vprk'i] efficiency is less than that guaranteed and is not a^rep+ at le +o Owner; t ~ e manufacturer ;hall make such minor adjustment as required to meet the uriglnal g~jarantee. If major adjustments are required the defective unit shall t.e replaced with a new uni, meeting the specifications and guarantees. 42 K. ERECTICPN ENGINEER the Owner will '_nFtall the pumping unit under a separate contract. This manufacturer will be regiu:red to furnish the services of an erection engineer to supervise and in the installation. It shall be the responsibility of the erection engineer to verify final adjustment and place the unit into operatian. The cost of these services shall be included in the lump sum bid for the unit. L. PAYMENTS The City will fay eighty ('80) per cent thi bid price of arty unit of equipment upon thn delivery of the complete unit at Denton, Texas; however, the eighty per cent payment will not be made unless factory tests on pumping unit :-how compliance with the guaranteed performance requirements. Final payment 4 tie remaining twenty (20) per cent will be made within approximately thirty (30) days after completion of installation and satis- factory test. of the equipment, In the event installation and tests are not made within six (6) months after completion of delivery, final payment W11 be made at the end of said six (6) months. END OF CONTRACT 67-2 43 CONIRACT 61-3 - HIGH SERVICE MOTOR CONTROLLER A. GENERAL This contract covers the furnishing and delivery of one 600 HP induction motor controller, NEMA Class E2. The Owner will furnish installation and wiring under a separate contract. The controller shall be arranged for operation on 2400 volts, 3 phase, 60 cycles, ungrounded. The controller shall be manufactured by one of the following: Westinghouse Allis Chalmers Electric Machinery B. STANDARDS The controller shall comply with the latest rules of the IEEE and shall conform to NEMA standards for Class E2 controllers, IC1.1965. C. CONSTRUCTION The starter shall be fabricated of sheet steel, completely enclosed and free standing. It shall be of the front access type, approximately 34" wide, 30" deep and 90" high. The starter shall be finished a pearl gray in accordance with ASA No. 61. All primary parts of the starter shall be coordinated to withstand any mechanical stresses and shall have sufficient thermal capacity without artificial cooling. The contactor shall he of drawout construction, automatically disconnecting both line and motor leads. Shutters shall isolate the line leads while the contactor is removed. Interlocks shall be provided to de-energize the contactor before the disconnects can separate and to prevent racking of contactor in or out with the contactor closed. Provision shall be made for testing the con- tactor while racked out, utilizing an external control source. Provision shall be made for line conduit entering from the top and load conduit entering from the bottom. Terminal lugs for li2/0 norshielded copper cable shall be provided. The units shall be factory wired with all secondary and control connections made with No. 14 B&S gauge tinned copper switchboard wire. All wires shall terminate at marked terminals. The control wiring shall be in accordance with the schematic included with these specifications. 44 D. COMPONENIS The starter shall c3ntain the following components: Mounted on Front De)ot' 1- -'iOA Sete;tot Switch I-Red indi:ating lamp 1-Green indicating lamp I-Ammeter, At', Indicating 1-Elapsed time indicator 1-Ammeter Switch, 3 position Mounted in Low Voltage Control Compartment: 3-Ambient compensated thermal overload relay, hand reset 1-Time delay undervoltage relay 1-Auxiiiery relay, MX Mounted in High Voltage Compartment: 3-Current transformers 1-Set primary disconnects 1-Three pole air break contactor, 400 ampere, 500000 KVA, D( operated 3-Current limiting power fuses, indicating type 1-Control transformer 2-Control transformer primary fuses 2-Control transformer secondary fuses 1-Two pole control circuit switch Accessories: 3-Spare fuses of each type 12-Spare lamps of each type Each cutzent transformer shall be capable of carrying continuously its rated primary amperes, undez conditions of accidental open secondary circuits, without damage to the primary insulation and without interruption of service. The ammeter shalt be rectangular type for semi-flush mounting with anti- parallax scales ano zero adjustment. Control switchea =hall be of the rotary type and have positive means of maintaining contact. The contact shall be silver-to-silver and shall be pro- vided with easily removable protective covers. Indicating lamps shall be of the low energy type, provided with color caps. The lamps shall be easily removable from the front of the panel. 45 All instrument switches and transfer switches shall be of the rotary type and have diltin-tiva handles. Positive means of maintaining contacts shall be provided. The contacts shall be silver-to-silver and shall be pro- vided with easily removable covers. E. OPERATING FUNCTIONS OF STARTER. The starter ;hall be wired to perform as follows: The unit :Mall he :ontroiled manually or automatically by the limit switches on the motor opecared dis: harge valve. As the mOt:r operated valve starts to open, limit switch LSC-2 closes, starting the pump. Limit switch LSC-S is closed when the valve is closed. Shortly after LSC..2 closes, LSC..S opens, allowing the pump to be undervoltage protected. It the pump stops, it cannot be restarted until the valve has been returned to the closed position. F. ERECTION ENGINEER This manufacturer will be required to furnish the services of an erection engineer for a minimum of one day on the job to check the controller at start- up to see that it is functioning properly. The cost of this service shall be included in the bid. G. PAYMENTS The City will pay eighty (80) per cent of the bid price upon delivery of the complete unit at Denton, Texas. Final payment of the remaining twenty (20) percent will be made within approximately thirty (30) days after completion of installation and satisfactory test of the unit. In the event installation and tests are not made within six (6) months after completion of delivery, final payment will be made at the end of said six (6) months. ENd OF CONTRACT 67-3 i i 46 FREESE, NICHOLS & ENORESS CONSULT1140 ENOINCCRU d ~ TCJI Source mx Q G MX_ ~-Yo/vo Gimi1 Swiiche~ ? l SC•5 ~ Ao 0 -00 o ~y UY a a of r I uY c►v UY ETl ~K Mx M ,'N tit Kit M T T T M Romole indicolion L.W. DENTO/V TEXAS HIGH SERVICE PUMP- .CONTROLLER SCH51WAT/C, Conirwl 67.8 feb.0 1967 D~~~~AM 04 TA\&] wA I~uMn .=Nsrau.~r►oN v&NT~N,T~S WlMklMN T'PCRNTo &XPAN:SlbN iwLAtb;g'v PiLM i Motors: (18) Make and type letter of motor (19) Brake horsepower of motor at 40 degrees C rise (203 Type of motor bearings (21) Maximum starting current in per cent of full normal load (22) Motor efficiency at full load (23) Motor efficiency at 3/4 load (24) Method of insulating and impregnating motor coils Weights: (25) Weight of pump (26) Weight of motor (27) Weight of rutor (28) Weight of bed plate (29) Weight of complete unit Efficiencies: (30) The overall efficiency at rated conditions I. COMPARISON OF BIDS In comparing the bids the City will take into consideration the lump sum price bid for the equipment and the estimated operating cost based on overall guaranteed efficiencies. The tasie of computing capital costs of operating efficiencies are as followat Power Rate 1 Cent per KWH Inteeest Rate 4-1/2% Life if PumFing Unit 15 Years Per Cent C"ration 20% J. FAILURE OF PUMPING UNITS TO MEET EFFICIENCY GUARANTEE In the event the result of the specified tests show that the actual over. all efficiency of the pumping unit is less than that guaranteed, the City may accept the unit at a reduced ,rice. The reduction in price shall be computed on the r; sic of 50% more than the valuation of efficiencies set forth above. In the event the actual overall efficiency is less than that guaranteed and is not acc;aptable to the Owner, the manufacturer shall make such minor adjuAment as required to meet the original guarantee. If major adjustments are required the defective unit shall be replaced with a new unit meeting the specifications and guarantees. 42 K. ERECT-ION ENGINEER Thb Owner will install the pumping unit under a separate contract. This manufacturer will be required to furnish the services of an erection engineer to superiise and assist in the installation. It shall be the responsibility of t;ft -1,•ection engineer to verify final adjustment and place the unit into operation. The cost of these services shall be included in the lump sum bid for the unit. L. PAYMENTS The City will pay eighty (60) per cent of the bid price of any unit of oquipment upon the delivery of the comrlete unit at Denton, Texas; however, the eighty per cent payment will not be made unless factory tests on pumping unit show compliance with the guaranteed performance requirements. Final payment of the remaining twenty (20) per cent will be made within approximately thirty (30) days after completion of installation and satis- factory test of the equipment. In the event installation and tests are not t made within six (6) i4onths after completion of delivery, final payment will JI be made at the and of said six (6) months. END OF CONTRACT 67-2 43 CONTRACT 67-3 - NIGH SERVICE MOTOR CONTROLLER A. GENERAL This contract covers the furnishing and delivery of one 600 HP Induction motor controller, NEMA Class E2. The Owner will furnish installation and wiring under a separate contract. The controller shall be arranged for operation on 2400 volts, 3 phase, 60 cycles, ungrounded. The controller shall be manufactured by one of the followings Westinghouse Allis Chalmers Electric Machinery 8. STANDARDS The controller shall comply with the latest rules of the IEEE and shall conform to NEMA standards for Class E2 controllers, ICI-1965. C. CONSTRUCTION The starter shall be fabricated of sheet steel, completely enclosed and free standing. It shall be of the front access type, approximately 34" wide, 30" deep and 90" high. The starter shall be finished a pearl gray in accordance ' with ASA No. 61. All primary parts of the starter shall be coordinated to withstand any mechanical stresses and shall have sufficient thermal capacity without artificial cooling. The contactor shall be of drawout construction, automatically disconnecting both line and motor leads. Shutters shall isolate the line leads while the contactor is removed. Interlocks shall be provided to de-energize the contactor before the disconnects can separate and to prevent racking of contactor in or out with the contactor closed. Provision shall be made for testing the con- tactor while racked out, utilizing an external control source. Provision shall be made for line conduit entering from the top and load conduit entering from the bottom. Terminal lugs for ii2%O nonshielded copper cable shall be provided. The units shall be factory wired with all secondary and control connections made with No. 14 86S gauge tinned copper switchboard wire. All wires shall terminate at marked terminals. The control wiring shall be In accordance with the schematic included with these specifications. 44 D. COMPONENTS The starter shall contain the following componentsi Mounted on Front Door: 1- HOA Selector Switch 1-Red indicating lamp 1-Green indicating lamp 1-Ammeter, AC, indicating l-Elapsed time indicator l-Ammeter Switch, 3 position Mounted in Low Voltage Control Compartment: 3-Ambient compensated thermal overload relay, hand reset 1-Time delay undervoltage relay 1-Auxiliary relay, MX Mounted in High Voltage Compartment: 3-Current transformers 1-Set primary disconnects 1-Three pole air break contactor, 400 ampere, 50,000 KVA, DC operated 3-Current limiting power fuses, indicating type 1-Control transformer 2-Control transformer primary fuses 2-Control transformer secondary fuses I-Two pole control circuit switch Accessories: 3-Spare fuses of each type 12-Spare lamps of each type Each current transformer shall be capable of carrying continuously its rated primary amperes, under conditions of accidental open secondary circuits, without damage to the primary insulation and without interruption of service. The ammeter shall be rectangular type for semi-flush mounting with anti. parallax scales and zero adjustment. Control switches shall be of the rotary type and have positive means of maintaining contact. The contact shall be silver-to-silver and shall be pro- vided with easily removable protective covers. Indicating lamps shall be of the low energy type, provided with color caps. The lamps shall be easily removable from the front of the panel. 45 All instrument switches and trartFFer switches shall be of the rotary type and have distinctive handles. Positive means of maintaining contacts shall be provided. The contacts shall be silver-to.siIvor and shall be pro- vided with easily removable covers. E. OPERATING FUNCTIONS OF STARTER: The starter shall be wired to perform as follows: The unit shall be controlled manually or automatically by the limit swi hes on the motor operated discharge valve. As the rotor operated valve starts to open, limit switch LSC-2 closes, starting tt,e pump. Limit switch LSC-S is closed when the valve is closed. Shortly after LSC-2 closes, LSC-S opens, allowing the pump to be undervoltage protected. If the pump stops, it cannot be restarted until the valve has been returned to the closed position. F. ERECTION ENGINEER This manufacturer will be required to furnish the services of an erection engineer for a minimum of one day on the job to check the controller at start- up to see that it is functioning properly. The cost of this service shall be included in the bid. • G. PAYMENTS The City will pay eighty (80) per cent of the bid price upon delivery of the complete unit at Denton, Texas. Final payment of the remaining twenty (20) percent will be made within approximately thirty (30) days after completion of installation and satisfactory test of the unit. In the event installation and tests are not wade within six (6) months after completion of delivery, final payment will be made at the end of said six (6) months. END OF CONTRACT 67-3 46 ~I FREESE, NICHOLS & ENDRESS + CONBUL71NO ENOINCCR6 Z Tcii Source b '~-MX Q G MX ~-/olvc Gimil Srrilches ~ILiC2 LS~ I '40 L J - - - 0 VY 010104 UY r vY i UV w ETI G ~ C,rl OWAV M M T T t T M Remoie Ind/co/lon M DENTON, TEXAS HIGH SERVICE' PUMP CONT1201. E6 ? SCHEMATIC Conlroof 67• d feb. I9G7 ~~A4~AM 04 TAVV WArEv, 'PLAMlp ]E:W,$rAL.LOrioN vftrMN,T~lS wmvt Amw 'Ul TM&NT'PCRNT &XPAN:SIDN 'W L.,AtW V Pi LM CONTRACT 67-3 - HIGH SERVICE MOTOR CONTROLLER A. GENERAL This contract covers the furnishing and delivery of one 600 HP induction motor controller, NE4A Class E2. The Owner will furnish installation and wiring under a separate contract. The controller shall be arranged for operation on 2400 volts, 3 phase, 60 cycles, ungrounded. The controller shall be manufactured by one of the following: Westinghouse Allis Chalmers Electric Machinery B. STANDARDS The controller shall comply with the latest rules of the IEEE and shall conform to NEMA standards for Class E2 cantrollers, ICI-1965. C. CONSTRUCTION The starter shall be fabricated of sheet steel, cmpletely enclosed and free standing. It shall be of the front access type, approximately 34" wide, 30" deep and 90" high. The starter shall be finished a pearl gray in accordance with ASA No. 61. All primary parts of the starter shall be coordinated to withstand any mechanical stresses and shall have sufficient thermal capacLty without artificial cooling. The contactor shall be of drawout construction, automatically disconnecting both line and motor leads. Shutters shall isolate the line leads while the contactor Is removed. Interlocks shall be provided to de-energise the contactor before the disconnects can separate and to prevent racking of contactor in or out with the contactor closed. Provision shall be made for testing the con. tactor while racked out, utilising an external control source. Provision shall be made for line conduit entering from the top and load conduit entering from the bottom. Terminal lugs fcr #2/0 nonshielded copper cable shall be provided. The units shall be factory wired with all secondary and control connections made with No. 14 BSS gauge tinned copper switchboard wire. All wires shall terminate at marked terminalo. The control wiring shall be in accordance with the schematic included with these specifications. I 44 D. COMPONENTS • The starter shall contain the following components: Mounted on Front Door: 1- HOA Selector Switch 1-Red indicating lamp 1-Green indicating lamp I-Ammeter, AC, Indicating L-Elapsed time indicator 1-Ammeter Switch, 3 position Mounted in Low Voltage Control Compartment: 3-Amblent compensated thermal overload relay, hand reset 1-Time delay undervoltage relay 1-Auxiliary relay, MX Mounted in High Voltage Compartment: 3-Current transformers 1-Set primary disconnects 1-Three pole air break contactor, 400 ampere, 50,000 KVA, DC operated 3-Current limiting power fuses, indicating type 1-Control transformer 2-Control transformer primary fuses 2-Control transformer secondary fuses 1-Two pole control circuit switch Accessories: 3-Spare fuses of each type 12-Spare lamps of each type Each current transformer shall be capable of carrying continuously its rated primary amperes, under conditions of accidental open secondary circuits, without damage to the primary insulation and without interruption of service. The ammeter shall be rectangular type for semi-flush mounting with anti- parallax scales and zero adjustment. Control switches shall be of the rotary type and have positive means of maintaining contn(:t. The contact shall be silver-to-silver and shall be pro- vided with easily removable protective covers. Indicating lamps shall be of the low energy type, provided with color caps. The lamps shall be easily removable from the front of the panel. 45 All instrument switches and transfer switches shall be of the rotary type and have distinctive handles. Positive means of maintaining contacts shall be prcvided. The contacts shall be silver-to-sliver and shall be pro- vided with easily removable covers. E. OPERATING FUNCTIONS OF STARTER: The starter shall be wired to perform as follows: The unit shall be controlled manually or automatically by the limit switches on the motor operated discharge valve. As the motor operated valve starts to open, limit switch LSC-2 closes, starting th9 pump. Limit switch LSC-S is closed when the valve is closed. Shortly after LSC-2 closes, LSC-S opens, allowing the pump to be undervoltage protected. If the pump stops, it cannot be restarted until the valve has been returned to the closed position. F. ERECTION ENGINEER This manufacturer will be required to furnish the services of an erection engineer for a minimum of one day on the job to check the controller at start- up to see that It is functioning properly. The cost of this service shall be included in the bid. G. PAYMENTS The City will pay eighty (80) per cent of the bid price upon delivery of the complete unit at Denton, Texas. Final payment of the remaining twenty (20) percent will be made within approximately thirty (30) days after completion of installation and satisfactory test of the unit. In the event installation and tests are not made within six (6) months after completion of delivery, final payment will be made at the end of said six (6) months. END OF CONTRACT 61-3 46 04 TAW W/ATEP, I'PuMV 1::W,5rAI.L 4r10 N j vfAN,TEAS %kl M NT'PLPttVT &XPAN:SIDN IV V rmwi LM FREESE, N ICHOLS & EN DRESS CGNBU1YlN0 ENOIN[[RS Ij ~ IQ V M Tcs, Source MX R G MX_ ~-Yo/ve Limrf Swifcfies A it i Tscay •R o UY j 1 01 a OL r ~ r^ ~ I uv w j ku.. Li M M T T ! ! ' M Qemole Indleollon M G•14! DEN7'0N6 TEXAS HIGH 5,51 V/CE PUMP ~ CONTROLLER SCHEMATIC- ;i I Confrool Wo 3 Feb. 1967 il-