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1 CITY OF DEFTON, TEXtS
WATERWORKS IMPROVEMENTS
SPECIF7.CATIONS AND CONTRACT DOCUMENTS
FOR CONSTRUCTION OF A
2,000,000 GALLON ELEVATED STEEL WATER TANK
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OCTOBER 1967
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FREESE, NICHOL$ AND ENDRESS
Consulting Engineers
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PO'WCR OF' ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That PITTSBURGH-DES MOINES STEEL COMPANY,
Neville island, Pittsburgh 25, Pennsylvania, a Pennsylvania Corporation, has
constituted and appointed, and does hereby constitute and appoint
- A. L. Dunkelberger -
its true and lawful Attorney-In-fact to execute proposals for the sale of
materials or the construction of work, to make contracts for same, and execute
Suret-, Bonds to be used in connection therewith. Such power shall include the
execution of non-collusion certificates as may be required by such laws of
New York as General Municipal Law Section 103d, Public Authority Law Section
2604 or State Finance Law Section 139d.
This appointment is made in accordance with Article IV, Paragraph 3 of the
By-Laws of the Corporation as amended by the Board of Directors of the Cor-
poration on April 6, 1959 and still in full force and effect:
Article IV, Paragraph 3:
"All proposals, commercial contracts, bonds certificates, affidavits,
and all other documents incident to the business of this Company
shall be valid:
(a) When signed by the Chairman of the Board, the President,
a Vice-President, Secretary & Treasurer, or other duly
authorized representative or agent of the Company and when
sealed with the seal of the Company; or
(b) When executed by an Attorney-In-Fact.'r
IN WITNESS WHEREOy, PITTSBURGH-DES MOINES STEEL COMPANY has caused these pre-
sents to be signed by its President and its corporate seal to be thereunto
affixed and duly attested by its Secretary this 9th day of January, 1967.
ATTEST: i PITTSBURGH-DES MOINES STEEL COMPANY
B
(SEAL)By
pr ident
Secretary
STATE OF PENNSYLVANIA) SS:
COUNTY OF ALLEGHENY )
On this 9th day of January, 1967, before me personally appeared W.R.Jackson,
President of PITTSBURGH-DES MOINES STEEL COMPANY, who being duly sworn, said
he resides in the State of Pennsylvania; that he is President of PITTSBURGH-
DES MOINES STEEL COMPANY, the Corporation described in and which executed
the foregoing instrument; that he knows the corporate seal; that it was sa
affixed by order of the Board of Directors of said Corporation, and that he
signed his name thereto as President of said Corporation by like a hority.
(SEAL)
STATE OF PENNSYLVANIA) SS: HARRY W. HENOEL Rotur Public
COUNTY OF ALLEGHENY ) COMP961, AFlep one county, Pa,
Is T. 0. Morris, Secretary of PITTSBURGH-DES li0INdo hereby
certify that the above and foregoing is a true and correct copy of Power of
Attorney executed by PITTSBURGH-DES MOINES STEEL COMPANY, which is still in
full force and effect.
IN WITNESS WHEREOF, I have s ed this cer icate t Neville Is a , Pitts-
burgh, Pennsylvania, this ~da.y of , 1944 T.
(SEAL)
SECRETARY
TABLE OF CONTENTS
Pa,m
NOTICE T'.1 BIDDERS s
INFORMATION TO BIDDERS b
PROPOSAL t
CONTRACT AGREEMENT 1
PERFORMANCE BOND 3
PAYMENT BOND S
GENERAL CONDITIONS OF AGREEMENT 7
DETAIL SPECIFICATIONS
to SCOPE 29
• 2. TYPE OF TANK 29
3. FOUNDATION 29
4. GOVERNING STANDARD SPECIFIC/sTION9 29
S. DESIGN 30
6. MATERIALS 30
7. FABRICATION AIdD ERECTION 30
8. APPURTENANCES 31
9. PROTECTIVE COATING 33
10. TANK STERILIZATION 36
Us CLEAN UP 36
114,
1 .
NOTICE TO BIDDERS
Sealed proposals addressed to Mr. Jack Reynolds, City Manager of the City
of Denton, Texas, will be received at the office of the City Manager [A the City
Hall until 10.10 A.M., Octohar 16.,t Q6 3 for the construction and completion of:
A 2,000,000 GALLON ELEVATED STEEL WATER TANK
At this time and place the proposals will be publicly opened and read aloud.
Any bid received after closing :ime will be returned unopened.
Copies of the plans, specifications, and bidding documents may be procured
without charge from the office of Freese, Nichols and Endres, 508 Throckmorton
Street, Fort Worth, Texas. Persons who obtain documents, but do not submit a bid,
are requested to return the documents within 10 days after bids are received.
. 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%) per cent of the
bid submitted, must accompany each bid as a guarantee that, if awarded the con-
tract, the Bidder will, within MOO) days of award of contract, enter Into a
contract and execute bonds on the forms provided in the Contract Documents.
Attention is called to the fact that not less than the prevailing wage rates,
• as established by the City of Denton, Texas, and as hereinafter set forth In the
Contract Documents hereinbefore described andwhich are made a part hereof, must
be paid on this project.
. A Performance Bond and Payment Bond, each in an amount of not less than
one hundred (100%) per cent of the contract price, conditioned upon the faith-
ful performance of the contract and upon payment of all persona 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 con-
struction thereof, or to reject any or all bids, and waive formalities. No bid
may be withdrawn within thirty (30) days after data on which bids are opened.
CITY OF DENTON, TEXAS
Jack Reynolds
City Manager
- 1
L
INFORMATION TO BIDDERS
1. BID FORM
Bids shall be spade on the blank form attached and the complete documents and
plans shall be returned with the bids. Bids not so made will be considered out
of form.
Bidders shall submit sketches, and/or pictures of type tanks that are bid on
so that the Owner may clearly visualits the appearance of the tank and tower that
is to be erected. The Owner reserves the right to give consideration to the ap-
pearance of the tank and tower in making the sward of the contract.
2, SITE: OF WORK
The tank site is located at tt:e northwest edge of the City of Denton, approx-
imately 600 feet north of U. S. Highway 77. The exact location is shown on a
vicinity map contained in the back of these documents.
3. B I DTDE R KNOWLEDGE OF CONDITION
Prior to submission of a proposal, the Bidder shall have made a thorough
examination of the site of the work and of the plans and specifications, and
shall have become informed as to the location and nature of the proposed con,
struction, labor conditions, and all other matters that may affect the cost
and time of completion of the work which be bid,.
4. BID SECURITY
Each proposal must be accompanied by a certified check or acceptable bid
bond in an amount equal to at least five (S) per cent of the amount bid as a
guarantee that, if awarded a contract, the Bidder will execute such contract
within ten (10) days in the form hereto attached and make bonds of one hundred
(100X) per cent of the contract price.
S. BOND
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 United States of America,
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The Contractor shall arrnrige to tiava the performance bond extended for a
period of one year after the date of written acceptance of tbi work by the owner
to cover the guarantee as otet forth in the documents.
6. TIME OF COMPLETION
It is anticipated that a contract will be awarded, and a work order given as
expeditiously as possible after bide are received. The owner desires that work
start as soon as possible after award of contracts and thot the construction of
the project be pursued diligently, and continuously t,) completion. Consideration
will be given in award of contract to tte completion bid date, but the Owner will
consider any reasonable contract time wishout prejudice to this bid. Bidders shall
indicate the time for completion in ti.a space provides in the proposal, and the
time so indicated will be inserteC Its the Contract Agreement of the successful
bidder.
In the event the Contractor fails to complete the project within the time
set forth in the Proposals the Oamer may withhold money permanently from the
payments to the Contractor in accordance with Paragraph 4.04, page 21 of the
General Conditions of Agreements
74 COMPARISON OF BIDS.
The Rorer reserves the right to awar4 the contract based on its decision as
to the best bid, all faotprs consideredo
so PAYMENTS
Payments will be as set forth in tho General Conditions of Agreemeats
9. INTERPRETUIOM OF SPECIFICATIONS
Any question as to the reaning of any spsaifieation will be answered by Addendum
which will be sent to all vho have becn furnished with the Contract Documents and
plans.
10. WAGE ATES
Attention is called to the fact that there must be paid on this prof+ct
not less than the general prevailing rates of wages which have been adopted by
the owner.
11. PATENTS
The contractor shall pay all patent fees, license face and royalties for the
use of equipment or pi%.eesses in the manufacture and use of the material on this
work and shall hold the Owner free from any liability for the payment for the use
of any patents in connection with the work.
l2o GUARANTEE
The Contractor shall maintain and keep in good repair the improvements covered
by these plane and specifications during the life of his contract, and for a
per- iod of on• year thereafters
• o
During such time he shall, at his own expense, furnish all labor, materials,
tools, and equipment required and shall make such repairs and renewals or shall
perform such work of reconstruction, as may be necessary by any structural or
functional deieot or failure, resulting from neglect, faulty workmanship, or
faulty materials, in any part of the work performed by him.
Notice to the Contractor that repairs, renewals or reconstruction is re-
quired under this provision of the specifications shall be made in the form of a
registered letter, signed by the Owner, addressed to the Contractor and mailed
in the Post office at Denton, Texas.
In the event the Contractor fails to proceed to remedy the defects of which
he has been notified within LS days of the date of such notice, the Owner re-
serves the right to cause the required materials to be procured and the work to
be done and to hold the Contractor liable for the cost and expense thereof. The
Contractor shall arrange for his performance bond to be effective for one year
after final acceptance, as a part of this guarantee.
13. ADEQUACY OF DESIGN
As bidders are submitting proposals on tanks of their own design, paragraph
5.03 of the General Conditions of Agreement will not be applicable to this con-
tract. The Contractor shall be responsible for the adequacy of the design.
14. FURNISHING OF MATERS
All materials are to be furnished by the Contractor. The Owner will furnish
no materials.
LS. FOUNDATION
Foundation for the elevated tank will be constructed by others under a separate
contract. This Contractor, h6vever, shall design the foundation in accordance with
soil analysis oats furnished by the Owner and with requirements set forth in-these
specifications.
lb. QUALIFICATIONS
In order to be given serious consideration for award of contract, the bidder
must]
(1) Provide a 114t of tanks, if requested, of si■ilnr also which he
has constructed within the past three years.
(2) Maintain his own fabricating and erection faol,lities.
17. iMAINNTEEM CE AND CLEAN UP
During the prosecution of the work, the Contractor shall maintain the project
site in orderly and acceptable manner.
Upon the completion of work covered by these Contract Documents and before
final acceptance and final payment will be made, the Contractor shall clean and
remove from the site of the project surplus and discarded, materials,temporary
d
structures and debris of every kind; he shall leave the s PO of all work in a
neat and orderly condition opual to that which originally existed. Surplus and
waste materials removed from the site of the work shall be disposed of at locations
satisfactory to the Engineer.
18. STATE SALES TAXI
The City of Denton, Texas, qualifies as an exem►pted'agency under the Limited
Sales, Excise and Use Tax Rules and Regulations of the State of Texas which set
forth regulations on the 2% tax on sales in Texas. So that the City and the Con-
tractor may be exempted from payment of the Males tax on materials purchased and
installed on this project, the Contractor will be required to submit to the City
prior to the final estimate a statement or bill setting forth the total cost of
the materials purchased for installation separated from the total cost of the
skill and labor services required for their Installation. Itemized quantities
for each type and size of materials are to be Included in the material cost billing.
The suss of these two costs shall equal the total and final cost of the project.
Upon receipt of this statement, the City of Denton will then issue a Certificate
of Exemption to the Contractor that he may pAer, on to his supplier.
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is s c f"."
P R 0 P 0 S A L
Denton, Texas
October 26, 1967
PROPOSAL OF PITTSBURGH DES MOINES STEEL C"ANY a corporation
organized and existing under the laws of the State of Pe:-tisyIvania ,
axlCxnkx~sxxhf,Yxx~a~lls~c~llo~c~l..` •
TO: Mr. Jack Reynolds
City Manager
City of Denton, Texas
Pursuant- to your "Notice tq Bidders", the undersigned hereby proposes
to do all the work anal furnish all necessary superintendents, labor, machinery,
equipment, tools, ar)d materials, and to complete all the work upon which he bids,
As provided by the attached specifications, and binds himself on acceptance of
his proposal to execute a contract and bond, according to the accompanying forms,
for performing and completing the said work u►ithin the time stated, and rain-
taining same as'required by the detailed specifier,tions for the following prices,
to-wit:
• Item cri2ti94 Amount
1. :or the construction and completion
of one (1) Two Million Gallon Elevated
Steel Water Tank of the type specified
.herein, with the maximum water capacity
level 119.50 feet above foundation, the
Sump sum of
Three Hundred Eighteen Thousand
Nine Hundred and No/100 - - - - - - - -
- - - - - - - - - - - - - - - Dollars $ 318,900,00
28 In the event a change in the height
from foundation to maximum wester level
is ordered by the Owner, add or deduct,
11000.00 per foot of variation,
with a maxioium varlation of five (5) feet.
f
f
The undersigned hareby dec?.arcs that he has visited the site of the work
and has carefully examined the Contract Documents relating to the work covered
by the above bid.
The undersigned f.urthE: decleres tht he will provide all necessary tools and
apparatus, do all the work and furnish all the materials and do everything re-
quired to carry out the above mentioned work covered by this Proposal in strlet
accordance with the Contract Docum,.nts and the requirements pertaining thereto,
for the sums set forth above.
The undersigned agrees to comsnence work within ton (10) days after written
notice to commence work, and to substantially complete the work on which he has
bid in 375_,_ consecutive calendar days.
The under-igned acknowledges receipt of the following addenda:
No. 1 - October 10, 1957
No. 2 - October lb, 1967
Enclosed with Wt. l'iopussl is a cashier's check or certified check 6-)e
Dollars, or a proposal band In the sum of S % of the total amount bld.
It is agreed that the enclosed bid sefurity shall be collected and rctalned
by the Owner as liquidated damages in the event this Proposal Is accepted by the
Owner within thirty (30) days After the date advertised for the receipt of bids
and the undersigned fails to execute the contract and the required bonds with the
Owner, under the conditions hereof, within ten (10) days after the date said
proposal is accepted; otherwise sail check or bond shall be returned to the under-
signed upon demand.
Respeerfully Ott m!tied,
PITTSBURGH DES MOIRES STEEL CO.
District Sales onager
Suite 1703,_.Southiand Center
Dallas, tic~dgi cs S)201
~St:}1L} CarUo~a~~a~s a
NGfE: Do not detach L!d fuzm4~ from other ppt~rs, fill In with ink and vul,mic
complete with attached ,,aperi
r
9
CONTRACT AGREEIFM
STATE OF T3XAS
COUNTY OF Denton
THIS AGREEMENT, !Wade and entered into this ~ day of at~
A.D., 19 67 by and between THE CITY OF DENT ON
of the County of Denton and State of Texas, acting through Zeke Martin
Mayor thereunto duly authorized so to do,
Party of the First Part, hereinafter termed the OWNER, and PITTSBURGH DES MOINES
STEEL COMPANY
of the City of Pittsburgh County of Allegheny
and State of Pennsylvania Party of the Second Part, heroinhftor
termed CONTRACTOR,
WYTNES732TH: That for and in consideration of the payments and gdroe-
ments hereinafter :mentioned, to be made and performed by the Party of the First
Part (OWNER), ani under the conditions expressed in tho bonds bearin3 even date
herewith, the said Party of the Second Part (COtdf,tACTOR) hereby agrees with the
said Party of the First Part (OWNER) to commence and complete the construction
of certain i:mprovomonts lescribol as follows:
Two (21 Million Gallon Elevated Steel Water Tank
and all oxtra work in connection therewith, under the terms as stated in the
General Conditions of the A;reemont; 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 Propusal attached hereto, and in accordance with all the General
Condition's of the Agreement, the Special Conditions, the Notice to 8id.dors
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(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 Speeifiaations therofor, as prepared by
FREESE, NICHOLS AND ENDRCSS, 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 Speclf' Conditions of the Contract.
IN WITNESS WHEREOF, the parties to ~.iese presents have executed this
Agreement in the year and day first above written.
ATTEST:
• / l
THE CITY OF DENTON, TEXAS
L. Part' of o First Par A,tNE.R
' Brooks Holt, City Secretary
eke Martin, Mayor
Title
n (SEAL)
ATTEST:
• II G.~
PITTSBURGH DES MOINES STEEL CGMPANY _
Party of t e S coed Part, CONTRACTO
By 440-00
A. L DLMKELSERddt
ATTAR FY ?I rt
tle
J~ r'OYe (SEAL)
/•1r/ d
1ACK Q. BARTON'
CITY ATTORNEY
2
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PERFORMANCE BOND
STATE OF TEXAS
COU14TY OF Denton ¢
KNOW ALL MEN BY THESE PRESENTS: That PITTSBURGH DES MOINES
STEEL COMPANY of the City of Pittsburgh
County of Allegheny , and State of Pennsylvania
as PRINCIPAL, and Trinity Universal Insurance Company
as SURETY,
authorized under the laws of the State of Texas to act as surety on bonds for
principals, are held and firmly bound unto the City of Denton, Texas
as OWNER, in the penal sum of Three Hundred
Eighteen Thousand Nine Hundred and No/100 - - Dollars 318,900.00 )
for the payment whereof, the said Principal and Surety bind themselves and
their heirr;, administrators, executors, successors and assigns', jointly and
severally, by these prosents:
WHEREAS, the Princ 1 has enter to a c ain written contract
with the OWNER, dated the day of 19A.7, for
the construction of
Two (2) Million Callon Elevated Steel Hater Tank
which contract is hereby referred to and made a part hereof as fully and to
the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if
the said Principal shall faithfully perform said Contract and shall in all
respects duly and faithfully observe and perform all and singular the cove-
nants, conditions and agreements in and by said contract agreed and covenanted
by the Principal to be observed and performed, and according to the true
intent and meaning of said Contract and the Plans and Specifications hereto
annexed, then this obligation shall be void; otherwise to romain in full force
and effect;
PROVIDED, HOWEVER. that this bond is executed pursuant to the
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provisions of Article 5160 of the Revised Civil Statutes of Texas as amended
by acts of the 56th Legislature, Regular Session, 1959, and all liabilities
on this bond shall be determined in accordance with the provisions of 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,
vonuo 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 'fond,
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 WHEREOF, id Princi~~~ and Su}}~~ty have signed nd
sealed this instrument this -'7~day of 19-If
PITTSBURGH DES MOINES STEEL COMPANY TRINITY UNIVERSAL. INSURANCE comPANY
Pri ipal Surety
BY / ~
' zi 2
'kio d&110~ G~..2~ By
Title A. L DUNKELSIR01 M
Title - L
Address DALLAS, TEXAS 75201 Address O
(SEAL) (SEAL)
The name and address o .s Resident Agent of Surety is:
/ZIO
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: That PITTSBURGH DES MOINES STEEL
COWANY . of the City of PITTSBURCH
,
County of Allegheny , and State of Pennsylvania ,
as PRINCIPAL, and Trinity Universal Insurance Company
, as SURETY, authorized under the laws of the
State of Texas to act as surety on bonds for principals, are held and firmly
bound unto the City of Denton, Texas ,
as OWNER, in the penal sum of Three Hundred Eighteen Thousand Nine Hundred and
No/100 - - - - - - Dollars 318,900.00 ) for the payment whereof, the
said Principal and Surety bind themselves and their heirs, administrators,
executors, successors and assigns, jointly and sever.!Ly, by these presents.
. WHEREAS, the Principal has entered into a certain written contract
with the Owner, dated the day of It 19±.7, for the
construction of Two (2) Million Callon Elevated Steel Water Tank
,
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 axecuted pursuant to the pro-
vifions 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.
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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 tho
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, eCHPANY sa Princi and S ety have signed and
seated this inntrumont this day of _ i9 67 ,
PITTSBURGH DES MOINES STEEL TRINITY UNIVERSAL INSURANCE CCHPANY
inc pal Surety
By "4r, ALOCM~~
A. L DUNKELSERGER
Title Title
{SUITE 1703, SC1!THL
Address DALLAS, 1 ExAS 75201 Address s
tom'---~ ; 1
(SEAL) (SEAL)
The name and address of Resident Agent of Surety is:
Note: Date of Bond must not be prior to date of Contract.
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GENERAL CONDITIONS OF AGREEMENT
1. DEFINITIONS OF TERMS
1.01 OWNER C CT R 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 gander. 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 Cont146t Documents ire completAntary,`and what is called for by any one
shall be as binding'as if called for by all. Tn the event's! a conflict its
the C44t~1t,~t'a t t6uhalnt , the CONTRACTOR shall call'the co3iffiat to the
EN01.46 itl itritimS and hA shall 'decidei"the isofiftict'iii wiitlngi,l
and the ENGINEER'S decision shall be binding.
1.0 $'66 UCT , The term'Sub-contractor, ss *upldyed-hereinf includes
onlyr those ~a a ~ rAet coniiact kiih-tha 'MNTRACTOR',
1?6V'JWh*fi E 0 ~NO`'ICE. 'Wr tton notide sliili be deambd to ave'been duly Aervild
if deli e n pe so> 'to''the irjdiVtdual'or to a'aie hero the firm' 4`t6 ii
officer f the 'dorpOi 'Anon fdi' whoa it 'l l s intended 1 'or' i~ di~iimrdd' at or
sent by rbgiitered " I 'to the .t'aot 'knisine'Aa' addrd ie ,hot{n tb'`him 46 'givei
• the Figt
1605 WOAX, ` Urile88 otherwise stipulated, the CONi'RAC OR shall provide and
• pay fdr a „ # Atit•l,alb;' ei~~Jiis, machinery, ;6g4ipwfN•., tooli, buperintendertee,
labor, in ranter and all watef 0 light power' Nei, trpspottition~ aiad
other faMRntis and `geriiiceb necessary for t ie ezbcution' and 0,6 rletiOfi of
the woik bo' by the eontikdt Ao6M6nts. Unii4i `bthefwiie',ipdoffLedo au`
mat4Qriaf j sh4 lieu and both 46' rkManihfp' and hatr,hial ; i,4t begot A goad
qualti§ ; The tg"UCTOR sfii1l, 'if required, fttthirh satisfaotor~ a-iLdence
as.to„ttie,kinc and gilality of materiAli. Materi6 s or work doaariW in
womii`'iwoh"so applieo have-,a or tfads i iihi*"shalt bi►'
held tc` iefii ia' idch reoognie6d -itandarda.
106 WOR1GIN 1 A 'Working Day" is defined as any day not including
Saturday4 ' pr of t tegai hdltdoyi, iA,whith teeatti~4 kilt pbrn$t Coit.
struct~ bfi ot''' N, i Ft6 1 uniti' of the work' fo, i a `pe= bf 'not lens than
seven M 'h6l rS b;ti#eik 7 06 a:m: and '6:00 p.m.
9-1-66
1
1.07 CALENDAR DAY. A "Calendar Day" is any day of the week or month, no
days being excepted.
1.06 WORK WEEK. The '-Wuek Week" shall consist of a period of seven (7)
Nccessive calendar days to begin and and as specified by tLe CONTRACTOR.
A - 22. LL ? By the term "Substantially Completed" is
went that the structure or facility has been made suitable for use and
all construction completed except for minor repairs or Aisoellaneaus work,
which while in progress,will not interfere with the OWNER'S use and occu-
pancy of the structure or.faoility.
2. 'CONTROL OF WCRX
&,01 WaS &M R„DR. Unless otherwise specified, all lines and grades
al be furnished by the ENGIN. . 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
ENGIIQM,#Aple_notioe of the time and place where lines and grades will
be tr~~eeedGap. All stakes, marks, ito., shall be carefully preserved by the
CONTRACTOR. and in;oase of careless destruction or removal by his or his
exmpense s' ouch, stakes, Marko,, oto., shall be replaced at the CONTRACTORIS.
2 ' The ENGINEER shall have the flight
of supotV son of the won to the limited extent hereinafter mentioned,
for the purpose of seeing that the improvements are constructed in conformity
,frith „the contract. It is understood, and agreed, however, that the ZNQIMERIS
soporvieion,to for the sole purpose of seeing that the improvements srp
constructed ih accordance with the contract, to the end that the Oi~ll~R
upon,pomp~etion will have
improvements conforming to the plans, apeo i
cations and other-oontraot documents. The EMIM is the ENGINEER of the
OWNER, as aforesaid, and all supervision and other duties of the ENOINELR
under,thip oontract are for the sole benefit of the OV#M, the parties
• h eb}►,q reaely negating apyr intent that these provisions shall imre to ,
t e beet o! &nyo.49 not a pgrtj to this agreement, The COWRAMR is
and •~h~}t #,t in independe:.t" dontractor, solely reeponsibld foi,the
manner f' ret)}od p Y;cAoaFiiehipg his rror~C hereunder, and the, ~afp y of
b4adl.fj ~a emplo~yye~es ard,gtier ppeersons ky reason of his operations here-
under, Toe ~1QG=218 authority in this regard shalt be limited to a right
of v~etoifith rem of to'methods.which in'tbe.ENGINEER'S opinion would
pr rent ti e' -pllt r menta conforming to the contract The "EDk};?M
RO wr, 1 w' . R A
shall'ha~re tie" suthorty to stop' the 'wheneversuch ,stop~iage may be .
necessary to insure the proper execution ok the contract.
In ord ii" o r841A,
4n del t, ju d isputip aid to discourage litigation, ,
it e all
} 9, e h he E IIiEER s 11 in ciiis detei~ginq thi
amountb arkl quantitieb o 'thb several'kinde of work witch are,to be paid
8
9_1-6b
s
EM I
f*
a*►
for under this contract. He shall determine all questions in relation to
said work and the construction thereof, and snail in all cases decide every
question which may arise relative to the execution of this contract on
the part of said CONTRACTOR. The ENGINEER'S estimates and findings shall
be the conditions precedent to the right of the parties hereto to arbitra-
tion or to any action on the contract, and to any rights of the CONTRACTOR
to receive any money under this contract; provided, however, that should
the ENGINEER render any decision or give any direction which, in the opinion
of either party hereto, is not in accordance with the moaning and intent
of this contract, either party may file with said ENGINEER within fifteen
(1$) 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
',^reto and on all questions which may arise relative to the execution of
the work or the interpretation of the contract, speciil.catio6s 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". "deoignated
'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, "approva P ,:"acceptable", "satisfactory", or words oflike import
shall mean approved lry or acceptable or satisfactory to the ENGINEER.
2.03 SUPERINTENDENOE 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 Aneineers, supervisors or inspectors as the said ENGINEER
may deem proper to inspect the material furnished and the Work done' under
this agreement, and to roe that the eaid;material is furnished and said work
is.done in'accordance with the specification therefor. The COWRACTOR 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_a%y sucie siiburdinate engineers,
supervisors or inspectors so appointed, when corsistent with ihe'obligations
of,this agreement and the accompanying plans and,specificitions, shall have
the same force and effect as rulings and decisions of the EWINM hereunder;
provided, however, should the CONTRACTOR object to any ruling or decision
by such subordinate engineer, supervisor or inspector, the CONTRACTOR may
withih'six (6).days make written appeai.to the ENGI&ER for his decision.
9
9-1-66
t
2.04 CONTRACTOR'S DUTY AND SUPE'RIbrrENUNCE. Tho C)N'tRACPOFt shall give per-
sonal attention to the faithful proso,mtion and complyt,ion of this contract
arul shall keep on the work, during its progress, a competent sliperinterdent
and arq nocossary assistant, all satisfactory to tho I";NGl M11. The super-
intendent shall represent the CONTRACTOR in his absenoo 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 solcay 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 parson, 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
ethyl in the result obtained and conformity of such completed improvements
to the plans, specifications and contract. Likewise, the CONTRACTOR shalt
be solely responsible for the safety of himself, his employees and other ;
persets, as well is'the satoty,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, ap well as
any additional information concerning the work to be performed passing from
or throgh the OWNER or $'a(D ER, shall not be'interpreted as requiring or
allowing CONTRACTOR to delviate'from the plans and specificationsi the intent .
of'fiuch drawings, specifications and any other suoh instructions being to
defit+e 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 awn expense, for design, construction, installation and,use, or
non-use,.of all items rand methods incident to performance of the contract,
and for all loss, darwage or injury incident thereto, either to person or .
property, including, •without limitation, the adequacy of all temporary
supports, shoring, bt'lacing, scaffolding, machinery or equipment, safety
precautions or devices, and similar items or devices used by him during
'Onitruction,' Any ;'review of work in process, or any visit or observation
Vdlhg construction, or any clarification of plans and specifications, by
the OWNER or ENGINEER, or any agent, employee or representative of either
of them, whether -*chrough personal observation on the project site. or by
"'fm ans of approval,, of shop drawings for temporary construction or construction
` dc`eases, or by apy,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 tlr~e contract, or for the purpose of enabling CONTRACTOR to
mor`d"fully undo, Jrstand'the I plan's and specifications so that the completed
construe£ioh w6rk will conforth'thereto, and shall in no way relieve the
CONTRACTOR from full and complete responsibility for the proper performance
of his work or, the project, including but without limitation the propriety
is
9-i-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 representativtj of either of them, whether called
to the CONTRACTOR'S attention or not, shall in no way rolieve CONTFACTOR
from his responsibility to complete all work in accordance with said plans
and specifications.
2.05 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the
CONTRACTOR has, by careful examination, satisfied himself as to the nature
and location of the work, the conformation of the ground, the character,
quality and quantity of the materials to be encountered, the character of
equipment and facilities needed preliminary to and during the prosecution
of the work, the general and if-cal 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 befo^e 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 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.
2'2? " CONTRACTOR'S 9UIMINGS. The building of-. `;i uctures for housing men,
b'a'the erection of tents or other forms of protiO.ion, 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 sanit.ry conveniences for the use of laborers
on the work, properly secluded from public observation, shall be constructed
and maintained by the CONTRACTOR in such manner and at such points as shall
be approved by the ENGINEER, and their use shall be strictly enforced.
2,09 SHOP DRAWINGS. The CONTRACTOR shall submit to the ENGINEER, with
such promptness as to cause no delay in his own work or in tha;, 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 bopie6 as may be needed. The ENGINEER'S approval of such drawings
cT schedules shall not relieve the CONTRACTOR frog responsibility for devia•
tions from drawings or specifications, unless he has in writing'called the,
ENGINEER'S attention to such deviations at the time of submission, nor shall
. ii
it relieve him from responsibility for errors of any sort in shop drawings
or schedules. Such review by the ENGINEER shall be for the dole purpose
of determining the sufficiency of said drawings or schedules to result in
finished improvements in conformity with the plans and specifications, and
shall not relieve the CONTRACTOR of his duty as an independent contractor
as previously set forth, it being expressly understood and agreed that
neither the ENGINEER nor the OWNER assumes arty 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 heret•nder.
2.10 PRELIMINARY APPROVAL. The ENGINEER shall not have the power to
waive the obligations of this contract for the furnishing by the CONTRACTOR
of good material, and of his performing good work as herein described, all
in full accordance with the plans and specifications, No failure or omission
of the ENGINEER to condemn any defective work or material shall release the
CONTRACTOR from the obligations to at once tear out, remove and properly
replace the same at any time prior to final acceptance, upon the discovery
of said defective work or material; provided, however, that the ENGINEER
shall, upon request of the CONTRACTOR, inspect and accept. qualify, or
reject any material furnished, and in event the material has teen once
accepted by the ENGINEER, such acceptance shall be binding c.:, the OYM,
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 specifioations for said work, all expense of removing, re-examination
and replacement shall be borne by the CONTRACTOR, otherwise the expense than
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 DF,ECTS ANA 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 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 construc-
tion, without affecting the validity of this contract and the acconparWing
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-
cati-is, such increase shall be paid for according to the quantity actually
done and at the unit price, if rn~y, established for such work under this
contract, except as provided f)r 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 slake 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 es
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 efficiencyp
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 prdcautions
in 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.
3. GENERAL OBLIGATIONS AND RESPONSIBILITIES
301 KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE. The ENGINEER shall
furnish the CONTRACTOR with an adequate and raaaonablo number of copies of
all plans and specifications without expense to him, and the CONTRACTOR
shall keep one copy of the same constantly accessible on the work, with the
latest revisions noted thereon.
3.02 OWNERSHIP OF DRAWINGS. All drawings, specifications and copies thereof
f .rnished by the ENGINEER shall not be reused on other work, and, with tLa
exception of the signed contract sets, are to be returned to him on request,
at th6 completion of the work. All models are the property of the OWNER.
3.01 ADEQUACY OF. DESIGN. It is understood that the OWNER 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
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-
quireteents of the Contract Documents, approved modificationa thereof and all
approved additions and alterations thereto.
3.04 RIGHT OF ENTRY. Me OWNER reserves the right to enter the property
car 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 nct 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 o 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 ii,i.,nded to apply to the work.
F 116uIPMENT MATERIALS AND CONSTRUCTION PLAN'T'. The CONTRACTOR shall
pr All tools, equipment, machinery, materials, and construction plant
and'facilities necessary in tho 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 an insurance company licensed to transact business in the
State of Texas, which policy shall comply with the Workt nts Compensation
Law of the State of Texas. The CONTRACTOR shall at all times exercise reason-
~ble 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
"Manaal 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 walkways, ladders, bridges, gangplanks, and other safety devices
as may be required as requisite to the prevention of accidents. The CONTRACTOR
14
9-i-66
and his Sureties s':all i,idem, fy and save harmless the OWNER and all his
officers, agents and erirloy:?es, and the ENGINEER, and his agents and employees,
from and against all soz,s, actions, claims, demands or judgments, o: any
character, name and des:r'_ption, brought or asserted against any of them for
or on account of any inyj r.es G, damages to persons or property, or damages
of any ether kind, allegedly receiv6d or sustained on account of any negligent
act or fault of COM RACTOP, his agents, employees or representatives, or sub-
contractors, their apnts 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 proiide necessary barricades, warning lights or signs, or
to take any other safety precautions. This agreement of indemnity shall ex-
tend to and in.l,.dc any su'.t. action or claim, of any character and description,
allegedly arising out of t'ne cornurrent 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 M INEER, his agents and
employees; and the CGN70AC'i0f, and his Sureties will be required to p_V any
judgment. with costs, may be obtained against arq party hereby in-
demnified, growing oqt of s.cn alleged injury or damage. The safety pre-
cautions actually taken -ard their adequacy shall be the sole responsibility
of the COVIRAC10,R. in hts sole discretion as an independent contractor; the
inclusion of this paragraph iii the agreement, as well as any notice which may
be given by the (,hIIER, HiNG1"ESP., or their representatives concerning omissions
under this paragraph as the work progresses, are intended only as reminders
to,the CONTRACTM of his duty in said regard, and shall not be construed as
any assumption of duty to sipervise safety precautions by either the OWNER
or ENGINEER.
3.09 PERFORMANCE AM PAYMEIr BOI~S~ It is further agreed by the parties to
this Contract that the :CNTRACTOR will execute separate performance and payment
bonds, each in the sum of the hundred (10%) percent of the total contract
price, on standard forms ;or this purpose, guaranteeing faithful performance
of the work and the i'ulfil:ment of any guarantees required, and further
guaranteeing Fsymer,t to all persons supplying labor and Materials or furnish
in him any equipment ui the exo.-;tion of the Contract. and it is agreed that
thL Contract shall not ue ix, effect, until such performance and payment bonds
are. furnished and appro%,ed by the OWNER.
Unless otherwise ;pp.ro%red 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 cf authority from the Secretary of the Treasury
of the United States. As hefoin provided for GUARANTEE, th,, performance bond
shall remain In effect for a period of one year after the date of the Certifi-
cate of Acceptance by the Q'IMER. The cost of the premium for the performance
and payment bonds shall be inciu6ed to the CONTRACTORIS proposal.
3.10 LASSES FROM NKID +AI. CAUSES, All loss or damage to the CONTRACTOR
arising out of the nature of the wcrk to ba done, or from the action of the
elements, or from any ur.fora!een cireur,stances in tt,.e prosecution of the
same, or from -inusual ohstev.rtions or difficulties which may be encountered
in the prosecution of the w roc, shall be sustained and borne by the CONTRACTOR
at his own cost and exper.ti
15
9-1-66
3 .11 FROTECTION OF ADJOINING PROPERTY. The said CONTRACTOR shi' ke
proper means to protect the adjacent or adjoining property or pi ies
in any way encountered, which might be injured or seriously 'ect,~u by
any process of constru,tion to be undertaken under this Agreec)nt, from
any damage or injury by reason of said process of eontruetion; and he shall
be liable for any and all claims for such damage on recount of his failure
to fully protect all adjoining property. The CONTRACTOR agrees to indemnify,
save and hold harmless the OWNER and the ENGINEER v.gainst 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-CONTRACTORS, LABORERS, MATERIALMEN
AND FURNISHERS OF MACHINERY, EgUIPMENT AND SUPPLIES. The CONTRACTOR agrees
that he will indemnify and save the OWNER harmless from all claims growing
out or the lawful demands of sub-contractors, laborers, workmen, mechanics,
materialmen, and furnishers of machinery and part,i thereof, equipment, power
tools, and all supplies, including commissary, incurred in the furtherance
of the performance of this contract. When so des.red by the OWNER, the CON-
TRACTOR shall furnish satisfactory evidence that ill obligations of the nature
hereinabove designated have been paid, discharged or waived. If the CON-
TRAC'T'OR 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 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 shell 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 RO'lALTIES OR PATEN'T'ED 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 insuiuZZeturers 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 OWISR.
16
9-1-66
3.14 LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe and
comply with all Federal, State and local laws, ordir,ar+ces and regulations,
which in any manner affect the contract or the wurk, and shall indemnify and
save harmless the OWNER against any claim arguing from the -violation of any
such laws, ordinances, and regulations, whether by the CONTRACTOR or his em-
ployees, except where such v°olations are called for by the provisiuns of
the Contract Documents. If the CONTRACTOR observes that the plans and speci-
fications are at variance therewith, he shall promptly notify the ENGIMFR
In writing, and any necessary changes shall be adjusted as provided in the
contract for changes in the work. If the CONTRACTOR performs any wort: 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 therafrom. In
case the OWNS?. is a body politic and corporate, the law from which it derives
its powers, insofar as the same regulates the objents for which, or the manner
in whir-h, or the conditions under which the OWNER may enter into contract,
shall be controllinP, and shall be considered as part of this contract, to
the same effect as though embodied heroin.
3.15 ASSIGN2~NT AND ~~JBIFTTiNG. The CON'T'RACTOR further agrees that he will
retain por-nnaL control and will give his personal attention to the fulfill-
ment Li this contract and that he will not assign by Power of Attorney, or
otheti!ise, or sublet said contract withrut t.ne written consent of the OWNER,
and that m 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 cf the work, or raterialg required to
Lhe perforftaree of this contract, shall not reiiove the CONTRACTOR frox his
full obligil tons to the UVNER, as provided by thi4 Agruenent.
3.16 CONTRACTOR'S AND SUB-CONTRACTOR'S INCURA"NCE. Thi CONVJIrlU1l Shall a^t
commence work under this contract until he has obtainoa all the insurance
req Ared'under the following sub-paragraphs and such in_n ran:.+ has been
approved by the OWNER, nor shall`the CONTRACTOR allow aiy -u•-:cntragtor
td;bom1nente irork on a sub-contract until such sub-v,,ntrah'~or has obtaned.
complete insurance coverage as required for the CONTRACTOR.
3.161 COMPEMShTIOR ihSJrifibCN.. The CONTRACTOR shall procure and shall mein-
tain during the life of this contract Workmen's Compensatior, 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 Workman's Gorn5*,,atio,: insurance for all of
the latter-Is employees to be engaged in such work, unleaa such e.aplcyoes
are covered by the protection afforded by the Contractor's Workmen's Compensa-
tion Insurance. In case any class of employees engaged in harardous work on
the project under this contract is not protected under the Workmen's Co;%p6nca-
tion Statute, the CONTRACTOR shall provide, and shall cause each subcontractor
to provide, adequate Employer's General Li,zbility Insurance for the protection
of such of his employees not otherwise protected.
3.162 CONNTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE. The
CONTRACTOR shall procure and shall maintain during the life of this cor±ra-t
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Contractor's Comprehensive General Liability Insurance in an amount not less
than $100,000.00 for injuries, including accidental death, to any one per-
son. and subject to the same limit for each person, in an amount not less
than $300,000.00 on account of one accident, and Contractor's Property
Damage Insurance in an amount of not less than $50,000.00 on account of one
accident and $100,000.30 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.
m63 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 $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-contraotors, 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 to set forth in
the Special Cond itinns or Special Provisions, or elsewhere in these Con-
tract Documents.
For contracts involving work to be performed within the corporate limits,of
any munioipality 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 excavation
(if excavations a.e to be performed adjacent to same).
(c) Damage to underground utilities.
3.165 PROOF OF CARRIAGE OF INSURANCE. The CONTRACTOR shall furnish %,he
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 insuram a by sub-contractors shall also be :'urnished.
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t
3.17 GENERAL INDEMNIFICATIUN. The CONTRACTOR agrees, without in any way
limiting other provisions of this contract, to protect, indemnify am hold
the OWNER and ENGINEER free and harmless from and against any and all claims,
liens, demands, liabilities, penalties and causes of action of every kind
ana character, including but not limited to, the amounts of ,judgments,
penalties, interests, court costs, costs of litigation and reasonable legal
fees incurred by the OWNER or ENGINEER in defense of snore, arising in favor
of governmental agencies or any third parties (including, but not limited
to, CONTRACTOR and Sub-Contractors and employees of CONTRACTQR and Sub-
Contractors) on account of taxes, claims, demands, liens, debts, penalties,
personal injuries, death or damages to property, and without limitation by
enumeration, all other claims, demands or causes of action of every character
occurring or in anywise incident to. in connection with or arising out of
the, work performed and to be performed by CONTRACTOR hereunder, including
spec%ifically 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 CONTRACTORS attention, except insofar as responsibility, if any,
may be expressly assAumed by the OWNER or ENGINEER under the provisions of
this contract.
3.18 GUARANTEE. Then CONTRACTOR shall guarantee the work against failure
or malfunction due to defective materials or workmanship for a period of
one year from the data 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 gu&rkntee'wil: 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 r•~ppairs 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 (3) days after written
notice or should he fail to complete the repairs within a reasonable time,
the OWNER tray make the necessary repairs and charge the CONTRACTOR with all
costs incurred therefor.
Ae a part of this guarantee, the CONTRACTORS Performance Bond shall remain
in effect fdr a period of one year after the date of written acceptance bY
Vie OWNER.
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3.19 WAGE RATES. The OWNER in accordance with statutory requirements has
determined the general prevailing rates of wages as applicable to the project,
and the CONTRACTOR shall 'pay not less than the rates of wages so determined.
A copy of the schedule of prevailing wage rates as established try 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 whole and in part,
in accordance with this contract; the plans and specifications, and within
the time of completion designated in the Proposal; provided, also that when
the OWNER is having other work done, either by contract or by his own force,
the ENGINEER may direct the time and manner of constructing the work done
under this con-ract, 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 end of such caltndar 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.
r 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 employee by the OWNER, or by changes
order4d'in the work, or by strikes, lockouts, fires, end 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 shalt 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 (:O) days
from inception of such delay.
4.03 HINDRANCES AND DELAYS. No claims shall be made br the CONTRACTOR for
damages resulting from hindrances or delays from any cause (except where the
work is stopped by order of the OWNER) during the progress of any portion of
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the work embraced in this contract. In case said work may be stopped by the act
of the OWNER, then such expense as in the judgment of the ENGINEER is caused
by such stoppage of said work shall be paid by the OWNER to the CONTRACTOR,
4.04 LIQUIDATED DAMAGES. The CONTRACTOR 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 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 projeett
Amount Amount of Liquidated
Of Contract Damages Per Day
$ 100,000 or less $100
1009001 to 50(}, 000 150
500,001 to 1,000,000 200
19000,001 to 20000,000 300
Over 290000000 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 specifioations,
plans'and estimate, is intended to show clearly all work to be done and
material'to be furnished hereunder. Where the estimated quantities are.shown
for the variou.i 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 probPble cost of the work and for comparing the proposals
offered l or 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 on the unit price method, the CONTRACTOi agrees that he
will make no claim for damages, anticipated profits or otherwise on account of
any differences which may be found between the quantities of work actually done,
t10 iaterial actually furnished under this contract and the estimated quantities
cont,%nplated 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 estimates %r contemplated quantity for such itemts, then either party
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to this Agreement, upon demand, shall be entitled to a revised consideration
upon the portion of the work above or below 25% of the estimated quantity.
Any revised consideration is to be determined by agreement between the parties.
otherwise by the terms of this Agreement, as provided under "Extra Work".
5.03 PRICE OF WORK. In consideration of the furnishing of all the necessary
labor, equipment and material, and the completion of all work by the CONTRACTOR,
and on the completion of all work and of the delivery of all material embraced
in this contract in full conformity with the specifications and stipulations
herein contained, the OWNER agrees to pay the CONTRACTOR the prices set'forth
in the Proposal hereto attached, which has been made a part of this contract.
The CONTRACTOR hereby agrees to rece'_ve 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 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 paywnt,
and further less all previous payments and all further sums that may be
reta ne& by the OWNER under the terms of this Agreement. It is understood,
however, that in case the whole work be near to completion acid 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 COMPMTED 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-
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,
cr both, as the ENGINEER may determine.
The CONTRACTOR shall notify the ENGINEER when the contract is "substantially
completed" and the ENGINEER shall forthwith advise the CONTRACTOR in writing
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4
of any work undone which in the ENGINEERS judgement should be done, III' any,
in order to substantially complete the work. The "substantial completion" r
of the structure or facility shall not excuse the CONTRACTOR from performing
all of the work undertaken, whetter of a minor or major nature, and thereby
completing the structure or facility in accordance with the Contract Documents.
5.06 FINAL COWLK ION 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, tho
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 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.
5.48 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 payments properly to
sub-contractors or for material or labor.
(d) Damage to another contractor.
When:the above grounds are removed, or the CONTRACTOR provl-.es 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
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duo, or should the ENGINEER fail to issue any statement on or before the date
above provided, then the OWNER shall pay to the CONTRACTOR, in addition to the
sutra shown as due by such statement, interest thereon at the rate of six (6%)
percent per annum, unless otherwise specified. from date due as provided under
"Partial Payments" and "Final Payments", until fully paid, which shall fully
liquidate any injury to the CONTRACTOR growing out of such delay in payment,
but the right is expressly reserred to the CONTRACTOR in the event payments
be not promptly made, as provided under "Partial Payments", at any time there-
after to treat the contract as abandoned by the OWNER and recover compensation,
as provided under "Abandonment of Contract", unless such payments are withheld
in accordance with the provisions of "Pa;.rments Withheld".
6. ErFRA WORK AIM 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 CONMCTOR
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 CONTRACTOR shall be paid the "actual field
cost" of the work, plus fifteen (15%) percent.
In the event said Extra Work be per'fbrmed 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 timoi actually
employed or used on such Extra Work, plus actual transportation charges
necessarily incurred, together with all power, fuel, lubricants, water, and ,
similar operating expenses, also all necessary incidental expenses incurred
directly on account of such Extra Work, Including Social Security, Old Age
Benefits, and other payroll taxes, and a rateable proportion of premiums on
Performance and Payment Bonds, and Maintenance Bonds, and on Public Liability
and Property barrage, and Workmen's Compensation and all other insurance as
may be required by any law or ordinance, or directed in writing by the
ENGINEER. The ENGINEER may direct the form in which accounts of the "actual
field cost" shall be kept and the records of these accounts shall be made
available to the ENGINEER. The ENGINEER shall also specify in writing, before
the work commences, the method of doing the work and the type and kind of
machinery and equipment to be used. Unless otherwise agreed upon, the prices
for the usa of machinery and equipment shalt 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
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1
and equipment shall be incorporates in the Written Extra Work Order. The
fifteen (15%) percent of the "actual field cost" to be paid the CONTRACTOR
shall cover any: comper:sate him for his profit, overhead, general superinten-
dence and field office expense, and all other elements of cost and expensA
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 "actuo:l 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 timo, 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.o2 TIME OF FILING CLAIMS. It is further agrE-:d by both parties hereto
that all questions of disirate 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 ENC'!::.R shall. within fifteen (15)
• days, reply to such written exceptions by CONTRACTOR and render his final
decision in writing., In case the CONTRACTOR should g peal from the ENGINEER'S
decision, any demand for arbitration shall be filed with the ENOINEER'and the
OWNER in writing within ten (10) da,7s attar the date of delivery to CONTRACTOR
of the ENGINEERS final decision. It {s 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 arty claims by Hither party, except where noted other-
wise in the Contract Documer.''&
6.03 ARBITPATION.' All questions of dispute under this Agreement shall be sub.
mitted to arbitration at the request of either party to'the dispute. The
parties m# 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
theproject is located, unless otherwise specified. Should the party demanding
arbitration fail to name an arbiter within ten (10) daya' of the demand, his
right to arbitrate shall lapse, and the decision of the ENGINEER shalt be
final and binding on him. Should the other party fail to choose an arbiter
within ten (10) days, the EDV,114EER shall appoint such arbiter. Should either
party refuse or neglect to supply the arbiters with any papers or information
demandea in writing, the arbiters are empowered by both parties to take
ex parte proceedings.
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4
.
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
arty 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 CONTRAC£
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 oi' 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 b. Extra Work and Claims). it being understood
that the use of such equipment and materials will ultimately reduce the cost
to complete t~ a work and be reflected in the final settlement.
Whore there is no performance bond provided or in case the Surety should
,tail to conwi nce 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 raid 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 hied been completed by the CONTRACTOR, then said CONTRACTOR shall
receive the difference. In case such expense is greater than the sum which
would 4ve been payable under this contract, if the saute had been completed
by said CONTRACTO9. then the CONTRACTOR and/or his S+irety shall pay the
amount of such excess to the OWM ; or
01&. 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
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subst~.ntially the same terms and conditions which are provided in this con-
tract. In case of any increase in cost to the OWNER under the now contract
as compared to what would have been the cost under this contract, such increase
shall be charged to the CONTRACTOR and the Surety stall be and remain bound
therefor. However, should the cost to complete any such new contract prove
to be less than what would have been the cost to complete under this contract,
the CONTRACTOR and/or his Surety shall to 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 complAte 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 shNws 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 Suety 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 '.pis 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, an'. 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 mailer; to the CONTRACTOR and his Suety 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
aid his -irety subject only to the duty of the OWNER to exercise ordinary care
to prote,.;t such property. After fifteen (15) days from the date of said not'.ce,
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
COr rTRACTOR may suspend or wholly abandon the work, and may remove therefrom
all machinery, tors ind equipment, and all materials on the site of the work
that have not been inzluded'in parrments to the CONTRACTOR and have not been
brought into the work. Arid thereupon, the ENGINEER shall make an estimate
27
9.1-66
M1~Y r • y • fi
sl
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
provision.. made by the CONTRACTOR to carry the whole work to completion and
which cannct be utilised. The ENGINEER shall then make final statement of
the balanc% 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
2$
9-i-66
5q.4• .,c N. a -AiL k
DENTON, TEXAS
2,000,000 GALLON
ELEVATED STEEL WATER TANK AND TOWER
DETAIL SPECIFICATIONS
1. SCOPE
The work to be done compreses the furnishing of all materials, labor, tools,
appliances, equipment, and appurtenances necessary to the arerction, construction,
and completion of a steel water tank and tower in the City of Denton, Texas.
The tank shall have a capacity of 2,000,000 gallons, with the maximum water ca-
pacity level 119.5 feet above the foundation. The maximum range of head shall
not exceed 35 feet. The tank shall be complete with all appurtenances ani
painting as specified herein.
The foundation for the tank shall be designed by this Contractor, but will
be construc_ed by others under a separate contract. The Owner will provide ado-
quate storage area for materials and equipment at the site, and will furnish
all water required for testing free of charge.
2. TYPE OF TANK
The Owner desires bids for a tank of the torospherical or spheroidal type,
or tank type of the same general appearance, with a center column of sufficient
diameter to eliminate the need for external wind bracing or struts between the
outer columns. A drawing is attached to these specifications showing, in gen-
oral, the type tank desired. The bidder shall submit with his bid catalogue
data, photographs, and cuts fully descriptive of the tank upon which he bids.
The Owner reserves the right to award the contract based on the Owner's judge-
went as to the best bid submitted, all factors considered, after the bids are
opened.
3. FOUNDATION
The foundation shall be designeid by this Contractor and constructed by
others under a separate contract. The Owner will provide the necessary soil
analysis data for design of the foundation. This Contractor shall furnish,
for review and approval of the Engineer, detailed foundation plans for the tank
which he proposes to construct. Foundations shall be of adequate site to prop-
erly distribute the bearing loads from the tank and to resist uplife due to
wind forces.
Anchor bolts and plates, together with drawings showing settings, shall
be furnishee. by Contractor and shall be delivered to the Rorer in time to al-
low setting as a part of foundation construction.
4. GOVERNING STANDARD SPECIFICATIONS
All work in both shop and field shall be in accordance with all applicable
rcauirements of the "Standard Specifications for Elevated Steel Water Tanks,
Standpipes, and Reservoirs"s in its latest amended form, as jointly adopted by
the American Water Works Association (D100-59) and the American Welding Society
(D5.2-59) except as herein stipulated.
29
i
5. DESIGN
The tank and tower shall be designed according to the American Water Works
Association Standard Specifications for Elevated Steel Water Tanks, Standpipes,
and Reservoirs, Designation AWWA D100-59, except an noted herein. All joints
shall be welded.
Structural posts or columns shall be tubular and shall be sealed against the
entrance of air or water. The overflow pipe shall be installed inside the center
riser column. Lower end of overflow pipe shall be arranged so that it will dis-
charge below ground level. Elevations for pipes, tops of footings, etc., are
given elsewhere in these documents.
No provision shall be made in the design for earthquake resistance, but pro-
vision shall be made for wind load on basis described below. No allowance shall
be made for corrosion, either Interior or exterior; however, the minimum thick-
ness of the plates shall be 1/4 inch. The following loads shall be considered
in the design of the tank and tower:
(a) Dead Load shall be estimated weight of all permanent construction and
fittings. The unit weight of steel shall be considered as 490 lbs. cubic ;Got.
(b) Live Load shall be taken as the weight of all the water when the tank
is filled to overflowing. Snow load on theroof shall be considered as 25 ib.
per square foot of horizontally projected surface for all surfaces having an
angle of less than 30 degrees with the horizontal.
(c) Wind Load: Design for wind load shall be based on a wind velocity of
100 miles per hour from any direction, or the following unit surface loadings,
whichever is greater:
Vertical plane surfaces 30 lbs, per sq. ft.
Projected areas of cylindrical surfaces 18 lbs. per sq. ft.
Projected areas of conical and double
curved plates 15 lbs. per sq. fc.
The center cc'iamn shall be of sufficient diameter to eliminate the necessity
for external wind bracing, and shall be fli.►ted for maximum r!gidity and pleasing
appearance. No external wind bracing or struts will be allowed on any columns.
All columns shall be continuous from foundation to tank shell, and exterior
columns shall be rounded at the top to smoothly blend into the tank shell. The
material from which the columns are fabricated shall be not less than 1/4-inch
thick.
6. MATERIALS
All materials used in the fabrication and erection of the tank shalt conform
to Section 2 of the AWWA Specifications D100-59 unless otherwise specified herein.
Steel plate which shows evidence of lamination, blisters or other harmful imper-
fections will not be acceptable.
Materials shall be mill inspected at the Contractor's expense and two copies
of the mill test reports shall be furnished the Owner.
r FABRICATION AND ERECTION
Welding, riveting, shop fabrication, and erectluu shall conform to the
applicable paragraphs of AWWA Specification D100-59, except where modified by
these speciticatione.
All welding shall conform strictly to Section 8 of the AWA Specifica-
- tlon D100-59 (American Welding S,olety Spec. D5.2-59).
Shop fabrication shall conform strictly with Section 9 of the AWA Spec.
D100-59.
Erection shall conform with Section 10 of AWA Spec. D100-59.
81 APPURTENANCES
(a) Ladders and Platforms& There shall be no outside ladder on the tower,
but a suitable ladder shall be installed inside the fluted center column from the
foundation to a platform accessible to the dry well. The dry well shall consist
of an access tube, having a diameter of not less than '.6", extruding from the
bottom of the tank to a platform at the top of the tank. Suitable ladders shalt
be installed both on the inside and outside of the dry well. A suitable ladder
shall also be installed from the platform at the top rf the dry well to the roof
manhole in the top of the tank.
(b) Carrier Riser Pipe: The carrier riser pipe shalt be not leas than 30"
In diameter, and shall have a suitable access manhole at the base. A saisty grill
shall be provided over the pipe at the tank bottom.
(a) Inlet Coonection
The inlet connection cit, the bottom of the riser pipe shall be a 20-inch
standard cast iron pipe connected to the bottom plate of the riser pipe through
- a caulking ring or other approved connection.
A 20-Inch base elbow, Class D, with vertical flanged end and horizontal
mechanical joint end shall be provided and installed, to which the Owner will lay
the connecting water main. Center pier shall be so designed to permit sufficient
room for making joint into bass elbow. Concrete blocking shall be placed behind
the base elbow by this Contractor to resist thrust: The work by this Contractor
will end with the complete installation of the base elbow. Piping connection
• from this point will be done by others under a separate contract. Attention is
called to the fact that a small amount of connecting work will be necessary by
another contractor after this Contractor has installed the base elbow. This
contractor will be expected to cooperate with the other contractors installing
the connecting pipe to the end that delays and Inconveniences will be avoided
Insofar as possible.
This Contractor will not be able to fill the tank for test until the pipe
connection is made. The Amer will endeavor to get the connection made so as to
alpinist the delay, but will not consider any compensation to thls,Contractor for
any tima lost in testing the tank.
(d) Wertl_ o=
The Contractor shall furnish and install a st•.l overflow pipe inside the
riser. The diameter of the overflow pipe shall be 12" and shall be complete with
• 31
.
a weir at the top. The weir shall be of the proper length to permit an overflow
rate of 12 MGD while limiting the head of water over the weir to such depth as
necessary to prevent damage. The lower end of the overflow pipe shall terminate
with a flanged base elbow of cast iron, and having flanges drilled 129 ASAa
Another contractor will connect an underground drain line at this point Flap volvess
screens, and/or other protection over the end of the overflow pipe will be pro-
vided by others. This Contractor shall provide adequate support under base elbows
and concrete blocking behind the elbow to resist thrust'.
(e) Center Column Door
Provide a 36" x 80" steel door in the base of the fluted center column. The
door shall have louvers and suitable lock set.
(f) Water Level Indicator
A water level indicator with target of suitable design shall be furnished and
installed on the exterior of the tank. Float and target shall be connected with
a stainless steel cable, and shall be provided with su(fir.!•nt guides and pulleys
to allow free travels without hangings for the full SS foot range.
(g) V_?a~t
A vent of apple capacity shall be provided at the apex of the roof. The
vent shall be rainproof and insect-proof.
(h) Roof Manholes
Roo( manholes shall be not less than 24" in diameter and shall have rain.
proof covers with locking devices.
(i) Aviation Obstruction Marker
An aviation obstruction marker shall be installed on the apex of the tank.
Marker shall be Crouse-Hinds, Type VAW Double Fixtures Catalog No. 43961. Fixtures
shall be rquippcd with red globes and with 100 watt lamps. At a point approximately
S ft. above foundation on the wall of the center dry column, there shall be installed:
(a) General Purpose time switch for outdoor use with astronomic Dial, General
Electric, Type TSA-4Ds catalog No. 680 x 97; (b) Weatherproof disconnect switch,
and (o) Trinsfer relay for use with obstruction lights Crouse-Hinds No. 43902.
Circuit from time switch to fixture atop tank shall be No. 14 TW conductor, which
shall be installed in galvanized steel conduit. This Contractor shall complete
the entire connection to the meter base as described under "Electrical". Elec-
trical work shall comply with the National Electric Safety Code and with the appli-
cable electrical code of the City of Denton.
Canter Column Lighting System
The Contractor shall furnish and install a lighting system consisting of
seven 140-watt lights on the inside of the fluted center column. Four of the
lights shall be spaced equi-distant around the circumference of t~1e columns at
+ 32
.F
,t
• a height of 10 feet from the base. The other three shall be spaced approximately
equal distance in the length of the riser from the lower lights to the bottom
of the tank, and shall be accessible from the ladder.
This lighting shall be on a separate circuit from the aviation obstruction
lights. A switch for the lights shall be installed just inside the center column
access door.
(k) ElectrLeal Work
Electrical service will be overhead to one of the outside columns of this tank.
This Contractor will be required to furnish and install proper insulators on one
of the columns with meter base and load center. The insulators for overhead ser-
vice should be attached to the column at least 10 ft. above ground for overhead
service, and in compliance with the City Electrical code. The power company will
bring their service to the meter base.
As a part of the electrical work included in this Contract, the aviation
obstruction lights shall be made fully operative. The load center furnished and
installed as a part of this contract shall be mounted on the outside column
approximately S feet above the ground. Load center shall be Federal No. RHI02-2
with 2-20 ampere breakers, or approved equal. In selecting the column on which
the meter and load center should be mounted, this Contractor shall confer with the
power company, and. determine where the service lines will coma from.
Controls for the aviation obstruction lights shall be mounted on the inside
of the dry center column. Service wiring between the load center counted on the
outside column, and the controls mounted on the center column shall be in conduit,
and shall be underground from footing of the outside column to the footing of the
center column.
Conduit and conductors to the aviation obstruction lights shall be attached
to the inside surface of the center column; to bottom of tank; then to the inside
surface of the access carrier tube which extends above the water surface of the
tank.
All work and materials shall comply with the applicable portions of the Denton
electrical code.
9. PROTECTIVE COATING
as General
All surfaces shall be suitably cleaned before applying coatings. All
mill scale, rust, and other foreign matter shall be removed by sand blasting,
pickling or brush cleaning as specified below. The outside surfaces of the tank
shall be sand blasted and shop primed with one coat of rust penetrating primer.
All interior surfaces shall be cleaned in the field after erection by sand blasting
to white metalo and shall receive an epoxy coatings The exterior surfaces of the
tank shall be given three (3)field c at of metal protective paint. Interior
surfaces shall be given successive field coats of epoxy coating until a minimum
dry film thickness of 12 mils is schi weds
t
33
Y~7* d
' Y'. Qi"J„ t w -ti 'Kr i.. tip . `try ra4
b. Field Preparation of Surfaces
All of the interior metal surfaces shall be cleaned to near white metal
by sandblasting: SSPC SP-10-637, using 16 to 35 mesh sand. Due precaution shall
be taken during sandblasting operations to prevent gouging and channeling of the
metal caused by excessive localized sandblasting. Any surface that is sandblasted
shall be thoroughly cleaned of sand and dust, the leaks repaired, and the surface
coated with epoxy the same day it Is sandblasted.
All sand used in sandblasting operations, sediment in the tank, rust,
paint and scale accumulating from cleaning operations, and all other material In
the tank, shall be removed from the tank by the contractor. All sandblasted sur-
faces shall be swept clean before priming, and all primed surfaces swept clean
again after all blasting is completed. In the event that sandblasted surfaces are
not coated Immediately after cleaning and rust reforms on sandblasted surfaces,
such rusty surface shall be re-cleaned by sandblasting again immediately before
coating.
c. Shop Preparation of Surfaces
Unless otherwise approved by the Engineer In writing, all exterior metal
surfaces shall be shop cleaned by either pickling or blasting as described below,
t Heavy deposits of oil, grease, etc. shall be removed as required before pickling
or blasting. Prime and finish coats shall be as specified and are the same for
either cleaning method.
(1) Pickling: All steel shall be pickled In a suitable solution of hot
sulphuric, hydrochloric, or phosphoric acid for the time required to remove all
mill scale, rust, and scale. The solution shall contain an inhibitor to prevent
base metal attack. After draining m:nentarily, all steel stall be thoroughly
rinsed with water. Following water tinbing, the steel shall, be Immersed in hot
dilute phosphoric acid to further neutralize the surface gad to provide a rust
inhibitive iron phosphate point base. The primer shall be applied while the steel
is still warm except for the case of large assemblies where tfip ?anarAt-p parts must
be pickled before assembling.
(2) BlastinE: All exterior steel surfaces shall be grit blasted to re-
move all mill scale, r,.,-;t, and scale. To insure proper cleaning, the meta) sur-
faces shall be blasted to a gray metal finish and the mfximum particle size shall
be no larger than that passing a 16 inch screen. The blasted surface shall be
primed immediately after cleaning and be free of dust, o.l or moisture at the rime
of painting.
d. Coatings
;0 G P n e r a 1: Coatings for this project shall be "best"y tality as
marti.actured by DuPont, Inertol, or approved equal. They shall conform to the
specifications as set forth below. The Contractor shall submit manufacturer's
specifications to the Engineer tot approval prior to purchase of coating materials.
Materlais shall be delivered to the job in original containers marked with
1
34
t'
• the n.se of the manufacturer and the specification number of material contained
• therein. The coating shall not show excessive settling in a freshly opened full
Can and shall be easily redAsper.ied with a paddle to a smooth, homogeneous state.
It shall show no curdling, livering, caking, or color separation and shall be free
from lumps and skins.
. (2) Rust Penetrating Primer: This primer shall be. the beat grade primer re-
commended by the finish coating manufacturer for use under the metal protective
paint. Primer and finish coats must be the product of one manufacturer.
(3) Eyoxv Coating: Epoxy coating for tank interior surfaces shall be Inertol
Patropoxy or approved equal. The epoxy manufacturer shall certify that the coating
proposed is suitable and safe for use in drinking water reservoirs. Only thinner
specified by the coating manufacturer shall be used. Successive coats shall be
applied within 72 hours of preceding coat. If unavoidable delay causes greater
time lapse between coats, a solvent approved by the manufacturer of the epoxy
coating shall be used to insure adequate bond.
(4) Metal Protective Paint: Paint for exterior surfaces shall be Inertol
Rustarmor, DuPont Dulux, or approved equal, The colors shall be fa,:tory mixed and
all paint for this project shall be from the same mixed batch. Exact colors will
be chosen by the Owner. A general pattern for two colors of paint is shown on the
attached sketch. Final patterns will be determined after the type of tank to be con-
structed is selected.
as Coating Wolk,:
(1) Work_ anih1 : All coatings and finishing saterlals shall be applied by
skilled workmen and ;hall be brushed or sprayed in *van thorough coats without runs,
erasing, sags or other blemishes. All coats, regardless of material, shall be thor-
oughly dry before applying succeeding coats. Full drying time as recommended by the
manufacturer of the particular coating igvolvad, shall be allowed between costs,
All products shall be applied in strict abcordance with the manufacturers recommend-
ation,
(2) Agitator: The Contractor shall provide a suitable mechanical agitator
and shall agitate all coatings until proper dispersion of materials is secured. All
ingredients shall bs In satisfactorily dispersed condition at the time of application.
(3) Weather Conditions for Coating: Coatings shall not be applied when the
air temperature is below 40 degrees Fahrenheit or when the air is misty, dusty, or
when such conditions are likely to exist before the paint has sufficiently dried.
They shall not be applied to damp or frosty surfaces.
(4) First Coat to be Applied Immediately after gyrface Preparation: Metal
cleaned on any day shall be coated the same day. If rust forms on any surface, the
surface shall be recleaned before the application of coating.
(S) &glic+.tlon of Coating: Interior surfaces say be coated with brushes,
rollers or by spraying, Exterior surfaces shall be coated by brush or roller only.
a. Brush Application: Only top quality hog hair or synthetic bristle
brushes shall be used. All coating shall be applied so as to form a uniform film
i
• 3s
YF v
1• of a thickness which is consistent with the specified coverage for :he material
being used. Sufficient cross brushing shall be used to insure filling of all sur-
face irregularities and complete coverage. Particular care shall be used in covering
corners and other restricted places to obtain uniform application. All final
brushing strokes shall be made in the same direction and toward the previously applied
coat,
b. Spray Application: Uhen coating is applied by spraying, the air
gun mood shall be adjustable for regulation of the air and coating mixture. The
equipment shall have a suitable water trap to remove moisture present in the com-
pressed air. Mixing pots shall be equipped with a hand agitator to keep the coating
well mixed. All equipment shall be thoroughly cleaned at the end of each day's
work. The pressure shall be suitable for type of coating used. Frequent checks
shall be made to insure maintenance of correct spreading rate, and to see that edges,
corners, and welds are completely covered and that there has been no film bridging
over,
c. Roller~Aoplicatign: Rollers used for applying coatings shall be
of the highest quality and must be kept as clean as possible at all times. Any
coating rolled on must form a uniform film and must give the some end results as
a brushed on coat. Rolling shall be supplemented by brushing in areas where
rolling could not give complete coverage, such as corners, edges, etc.
(6) Safety Precautions: Workmen applying paint to the interior surfaces
% shall wear protective masks and all necessary precautions shall be taken to avoid
prolonged exposure to fumes. Fire precautions shall be taken for the solvent paint
syskems .
(7) Dr,ryinA 'Lift: Water shall hot be placed back in the tanks until at least
7 days drying time has elapsed after completion of final coat.
10. TANK STERILIZAT100i After the specified drying time has passed the tanks shall
be swept Clean and washed down with water. The Ovner will furnish the water.
Chlorine shall then be i.ijected as the tank is being filled. Sufficient chlorine
shall be applied so that when the tank is completely full, the water will contain
chlorine in the amount of 50 ppm or more.
11. CLEAN UP: Upon completion of the project, the premises shall be cleaned up and
left in a neat, rresentable condition. All coating splattered on fences, found-
ations or other surfaces shall be satisfactorily removed.
= 36
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CIENTON, TEXAS
2 M.G. ELEVATED YANK
TYPICAL ELEVATION
s,
VERIFICATtTOO _OF INSURANCE '
PITTSBURGH-DES MOINES STEEL COMPANY
1015 TUTTLE STREET
DES.KOINES9 IOWA 50308
Date Novenber 30, 1967
This is to certify that Pittsburgh-Des Moines Steel Company and subsidiary companies
are, at the date of this certificate, insured foi, the types of insurance hereinafter described
and in accordance with the provisions of the polity contracts in current use by said Insurers.
Before the stated expiration date the Company will not terminate or reduce the insurance
afforded under the following policies prior toten days after the notice of such termination
or reduction has been mailed to:
Name of Principal City of Denton, Ter..as
Address - Denton, Texas
LIBERTY MUTUAL INSURANCE COMPANY
Covera a Policy No. Expiration Bodily Injury Property Damage
*Workmen's Compensation Wei-681-004522-018 1/1/ 69 Statutory
and
Employers Liability ; 25,000 per accident
I Employers Liability O.D. 25,000 total disease'
Comprehensive General LPI-681 004522-0313 1/1/69 $500,000 per person $500,000 per
Liability including accident
Contractual 500,000 per accident 500,000 per
aggregate
Automobile Liability AB1-681-004522-o6 R Z,/1/ 69 $100,000 per person $100,000 per
! (Owned, Non-Owned 300,000 per accident accident
and Hired)
*California Policy No, WC2-681-004522-16 a 1/1/69
LIBERTY MUTUAL INSURANCE COMPANY
Signed
Underwriters at Lloyds and Various Insurance Companies
Excess Comprehensive Cover Notes 1/3/4;9 $2,000,000 Bodily Injury and
General, E..-,plovers and 93128, 93129 Property Dansge AZZret,ate
Autora•)bile Liability
LUKIS S^TE~ ART PRICE F?c.&:S CO. LTD.
Signed
Description of Operations: Construct r.or! 2,00.000 rallon Elevated Steel '1ntnr TanI:.
Location: Denton, Texas
SS-164 it Spetut