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11-1968
I t AIP:'0 oopy DBNTON, TP.RAS 1 WATER-WORKS IMPROVEMENTS 1 SPECIFICATIONS AND CONTACT DOCUMPM } FOR CONST'RUO"f lON OF iMAYHILL ROAD ',DATER MAIN WK-Tex-4 i1 t November, 1968 , i FREESE, NICHOLS AND JENDRESS a Consulting Engtmers • s All t4% A i 3 s d $ ate I F• y! 88 ILA GIP ~ S ~ t I a y jj 4 J~ 1 1, 1 1 It 3! 12 lot 11 k 16 e $ s3 ~ u ~ Q ~ ~ ~ c ~ ~ ~ ~ ~ ~ ~ g 3 x s~ o ~ ~ , . 5 ~ ~ v 9 f 5 ~ ~ . A ~ i..*. • ~ ~ i; i ~ ~ ~ ~ 1 > ~ ~ ~ ti~ s a a ~ ~ A ~ f ~ ; ,1 ~ ~ ~ _ c ~ ~ ~ ~ h ~ ~ ~ t~ r ~ ~ ~ ~ ~ ~ f NSV4 ~ p ~ G sr M 3 a r l r ROYAL GLOBE INSURANCE COMPANIES CERTIFICATE OF INSURANCE ~ l I _1 Nnrn.1 B-W Construction Company, A Corp., THE ANDERSON COWANY/ANCO Inrvr.i 1711 Fountain Drive rrodwer P 0 Box 3689 Bryan, Texas Bryan, Texas L J The poho ies indicated herein apply with respect to the hazards and for the coverages ar,d limih. of nobility Indicated by specific entry herein, a,btect to all the terms of such policies. This, certificate is issued as a matter of informnli<,n only and Conte•s ro rights on the holder (ifid imposes no liability upon the Company, C OU,VA r u I DI I# American R Foreign (<)'AEAAGE$ AND liM11S C1F LIP 91E I1Y FFFECrI•f Ev:VrRAhOrI HA/A p[r5 f°OUCV rr_t.,f3FR BUtnEr n,niu'r!iABltrrv ~ FROPErrT DAMAGE lIA 9RI1v DATE DALE EACH VE rSJN t A( H ACCIDENI EACH ACCIDENT AGGREGATE O.n.nlLwMliF, i~an , 5 1100 00 )(10 00 1 00 000 LU 33. 22 08 7/16/68 7/16/69 , 100 1 300 110-0 - 5 100 300 ono , r 100 , 300 1)00 5100 OUO 1.300 No Pi-, r1r4C I,a„1 N 5 100 (1 1,11 1 qOQ 5 00 r>n0 I 300 OOV r AGC1QjrA1F -0 , "rill ~s 100 300 1 100 5 300 00r) I t eddy t . lubmo6;l• Ern I LU 33 22 08 7116168 - _7/16164 ' 100 300 ° I(M IL c A....,, w fa 0 0 100 300 100 30- • , E 1 i w 5 100 V 300. 111) 100 3-00 i Wortun.n' r r•mp.nfotion COMP( "SA to(;" 51AIUt0RY SWE!5) ACS 106086 ?/16/'68 7/16/69 8100,000. . , Ain)i, A,m f,15~'v~lir.?N OF rleiWl(jNS Al 1)OA idl0r, r -)r.,AOa 15 Eta ~Ff)R :(jWPA t5 .rllnr A'! I IN rd A, pl;y[ .t PAilh ?-,jr, nAti This certificate ofinsurince neither affirmatively or negatively amends, Ill tends or alters the coydrage afforded by Policy Noe. LU 332206 9 ACS 166066 issued by American R Foreign InseCo. F- This Is to certify that the Company named herein has bswf City of Benton Issued to the Named insured the policies listed above. At the Request Denton, Taxes THE ANDERSON COMPANY/ANCOpm of Aul4nri:nf /{rlnr~rrrhrlir~ !L P,141 D16rA 4F T5 61 4%60 f ROYAL GLOBE 0 INSURANCE COMPANIES CERTIFICATE OF INSURANCE { 1 F ~ Nam.a O-LI Con3trurtion Campeny, A Corr1.0 THE ANDERSON COMWANY/AttlGO 106W, 04 1711 Fountain Drive Producer f, 0 dox 3809 a Orynn, Toxne Bryan, Taxes Addr.u 1,1II Ips Inrllcaled herein upply with respect to the hoeords and for the coverages and 1,r.os of liobiiity indicoted by specific Pntry herein- od,inrt to rill the terms of such policies. This celtificnte is issued as a n,aller of w(,jrrnar on only and confers no rights on the holder ,r,,,l imposes no liability upon the Company, J, JAIF Am©ricasn & Foreign ~lA911'~ PCJ1f11 Gl~J1A$EA E Bf-IUIr.,r7 '-yJr'EPAC,E, AND LIM11%pF LIArgoy 11, EFF EC Ir,E KVIb'AIIUN ¢r L`A t14 vy PROGEAir JAIdAi F LIABILITY ["A It [,ATE T --T- - EACH Pru~'i7: rr.r,r4W'OENT EACHACCI[IN'AGGQEr,Alr P engird l41^, r „c LU *3 22 08 7/1/68 i 7/16/E9 ' 100 t 300 1300 'Ir~o ~ s 300 alo Eon urb1, Itlp - Ina 300 ~ i6~1 3I~ _ r f UU nrNJ dny L i i 1 i 1 _ 5 00 300 AM ' I IfIO 3130 C 100 300 31111 I 106 .'d3II r II " 100 300 111f3 s 300 0;l I Automobile 1wblb1y I I A 1 ,1, ~ ti l,U 3 2? C13 7/16/G`1 j 7/16/69 ' 1fl0 ` 300 11119 N. it G Ir a 1.00 300 ll lu 300 i If A , is n f st 100 3(10 100 30[3 _ Werlmen'eComper,em'on ! IrIj4PItPl'A'i;'IS?A1111(Af YA1.I5o i AL"i 1064.)56 7/16/6() ?/11169 «100,(1011. r Aln.,y Alih Li',''+iFl,i. ;I ,rl L; t, J11 1 ir,~ l!', ail i1 Y.1 11 1' lids r.2rti firritI OfiTr[)1lrnriLISI HelthEis, nfflxlnritIvrly or rler;Ittively arocr.(It, t!xt tnrldo or nltrjrv thn covdregrs nffardcd by 1'u11L flnti, Ltj 337201' ;i,",0 1A iasurtd ley ftlwrirnn h ForHign Ina.Ca. I This Is to certify that the Company ncmed herrin has ).reed City nl' hnnton issued to If a Named insured the polities listed above At I%@ Dwit-ort, Texas THE AT'T;l,} ,01il I:UMr',AtJI/flnccT,m 0 dxNi ~u.rll If r~n I!r'~ r:L 20799 U 15M SETS 161 4 n9 DENTON, TEXAS WATER WORKS IMPROVEMENTS MAYHILL ROAD WATER MAIN WPC-TEX-471 ADDENDUM NO. 1 Bids to be Opened: 1:10 p.m., March 20, 1959 Wage Rate Schedule: The attached wage rate determination shall be made a part of the Specifications, and shall replace the wage rates sfown in the Specifications for these particular job classifications. Wage rates for job classifications not included in the attached modification shall remain un- changed. BIDDERS SHALL ACKNOWLEDGE RECEIPT OF THIS ADDENDUM IN THE SPACE PROVIDZQ IN WE PROPOSAL. r FREESE, NICHOLS AND ENDRESS Consulting Engineers March 109 1969 . t IJ. F. DEPARTMENT OF LABOR OFFICE OF Trra atCatTANr WASHINGTON NOTICE OF MODIFICATION . DECISION Of THE SECRETARY to. Department of the Interior, FWPCA '77 +0611 NOW 'KATnow kOCIFICA T00% ho January 30, 1969 One 'otscal"4610 o► N*PN Expansion o existing activa orcrspoN wo LsrarNts ,.udicca un to treatment plant including Pt•iriary Af-7,731 Aril 15 1969 7 arification aeration, final settling sludge digestion & ciorination. COUNT. sr.Ta - Denton WK-Tex-471 Denton Texas Upon review of current date, chances as noted below are hereby directed. The rotes in the enumerated dale determination dectoion, as amended by previous modifications, and as modified herein, are to be considered prevailin j (or, in the cast of the Federal Airport Act, as the ninirnum) in accordance with applicable law, Nr burp b~,hu ►rrr~►Ni• «rrtr r !f! l M w Q~MIM• V~nu~N ChangeA TO dMu : - - Wilding Constructions Bricklayers $5.60 ,125 .125 Cement masons 5,00 Laboreres L►borers 3.04 .125 410 Air tool op. (jackhammer, vib.) 3,19 .125 110 Mason tenders 3.19 .125 110 Mortar mixers 3.10 .125 410 Plasterers' tenders 3.29 .125 ,lc Marble & Tile setters, Terrak?o workers 4.25 Plumbers 5.60 .20 ,171 05 Plasterers 5,345 (hai t t Power Fquipment Operators schedule "Buildir,E t;onstruc." n" Ar)d i Power Equipment Operators schedule "Building Crnstructi^n" 4 13-Texas M1a AUI WING COW" <c-L' , 4 Sstlc /rietat Benefits PsywMts H~url~ flats/ N L K IM/IM/ rittllM App. Tr. 01~t1/ i 41ivr(sll types) 44.05 .20 Light kuipment operaterat air compressor (1)1 pwp (1); tht•ottle valves{ wagon drili; •lovators building torn graders; Watt •iy;Ie True; nfier lass than 14 cubic !watt s.-reaning plea s; 1wld:c,; sacb. ;sa 4 of .s: (2 or wre) orusY nt plor.•i; to-1. " uMsr 'sj feet); aoocre to r,r.ps (all typst); LobcAt type a►a+.t,•,rnt; ford 1 rteter or 1.: a vi :L• on, O.►achasnt i (azceyt baokhnr) i 4.625 020 14a►y Squip wet Ur.araiorr j Drilling machines (all tt'pes seoopso- bile; bolatN, tvo drum nT Raref vioch truck, vben ussd costlr%intsly for S days siterucibile; locoeetlmu) s•.lrers. 14 cubic fast or over; blade enders, islf propelled; cablimaya; e•reass • lover { j operated to 100 f*a1; fircl.non type ! f ~ ` backhca; dervicks, ;*rr orAratsd (all I { ! t7Dan)1 gradsll; !q•.bc:; hop-to; paving siz•rs tall tppet.0; OLP dcf.•rj; so~:lti ; cenereta mi:yom, over 14 ft.; Ysrll- 1 dosers, loadors, trprt,,•.. ^rs; acrepirs and ;'u►12pt; t,e'.doro; '.rv, : ,oscai+ss{ , roller, tart tsar or ormri K:t r-;r- presaar, thm:i; vir COY!, . i L•c~ S oas f F`m1 ; pump, tt rte cr my - 'i noir- pressor k rir tugger; two or PNa tkM' Y,-i cgs; ,Lt } y I to1..1nic R 5.023 20 a DENTON9 TEXAS WATERWORKS IMPROVEMENTS MAYHILL ROAD WATER MAIN WPC-Tex-411 ADDENDUM 140. 2 Bids to to Opened: 1:30 P.M., March 209 1969 Specification Section 105 - CAST IRON PIPE AND FITTINGS: Add the following sentence to Paragraph A: "All cast Iron pipe shell be thickness Class 220 . SIDDEI SHALL ACKNONI'XDGE RECEIPT OF THIS ADDENDUM IN THE SPACE PROVIDED IN THE PROPOSAL FREESE0 NICHOLS AND ENDRESS Consulting Engineers March 189 1969 . H fib n a 'M a /i 'G DENTON, TEXAS WATERWORKS IMPROVEMENTS SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CONSTRUCTION OF MAYHILL ROAD WATER MAIN WPC-Tex-471 R November, 1969 • I FREESE$ J'C;iOLS AND ENDRESS Consulting Engineers TABLE OF CONTENTS Page NOTICE TO BIDDERS a INSTRUCTIONS TO BIDDERS b PROPOSAL d SPECIAL CONDITIONS g FEDERAL SPECIFICATIONS AND CONTRACT REQUIREMENTS WAGE RATE SCHEDULES CONTRACT AGREEMENT 1 PERFORMANCE BOND 3 PAYMENT BOND S GENERAL CONDITIONS OF AGREEMENT 7 DETAIL SPECIFICATIONS SECTION 101 - General Requirements 10? - Excavation and Beckfill 103 - Cover Over Top of Pipe Barrel 104 - Concrete Embedment and Encasement 105 - Cast Iron Pipe and Fittings 106 - Installing Cast Iran Pipe and Fittings 107 - Gate Valves 108 - Fire Hydrants 104 - Service Lines and Taps 110 - Replacement of Base Course and Paving Ill - Highway Crossings 112 - Concrete - Structural, Blocking, Cradle, etc. 113 - Hydrostatic Test and Sterilizing of Water Linea 114 - Project Maintenance and Cleanup 115 - Measurement and Payment NOTICE TO BIDDERS Sealed proposals addressed to James W. White, City Manager, Denton, Texas will be received at the office of the City Manager In the Municipal Building until 1:30 P.M., March 20, 1969 , for the construction of the following item. MAYIIILL ROAD WATER HAIN WPC-Tex-411 At this time and place,' proposals will be publicly opened and read aloud. Any bid received after closing time will be returned unopened. Copies of plans, specifications, and Contract Documents are on file and may be examined without charge in the office of the Director of Public Works. Copies may be procured from Freese, Nichols and Endress, Consulting Engineers, 508 Throckmorton Building, Fort Worth. Texas, upon a deposit of $10.00 as a guar- antee of the safe return of the Contract Documents. The full amount of this deposit'will be returned to each bidder upon return of the documents in good condition, providing the documents are returned within ten (10) days after the opening of bids. No refund on Contract Documents will be obligatory after the period of ten (10) days. A cashier's check, certified check or acceptable bidder's bond, payable to the City of Denton, Texas, In an amount not lass than five (SX) percent of the bid submitted, must accompany each bid as a guarantee that, if awarded the contract, the Bidder will, within ten (10) days of award of 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 hereinbefors described and which are made a part h6reof, must be paid on this project. 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 valve formalities. No bid may be withdrawn within forty-five (45) days after date on which bids are opened. Non D_ i_ scrlminatlon in Eaolovmenti Bidders on this work will be required to comply with the President's Executive Order No. 11246. The requirements for bidders and %ontractors under this order are explained in the specifications. CITY OF DENTON, TEXAS James W. White City Manager a NOTICE OF REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACLLITIES Bidders are cautioned as follows: By signing the contract for which these bids are solicited, the bidder will be deemed to have signed and agreed to the provisions of the "Certification of Nonsegregated Facilities" as contained in the specifications for this project. NOTICE TO PROSPECTIVE FEDERALLY ASSISTED CONSTRUCTION CONTRACTORS (a) A Certification of Nonsegregated Facilities, as required by the May 28, 1968 order (33 F. R. 7808, May 28, 1968) on Elimination of Segregated Facilities, by the Sacretary of Labor, must be submitted prior to the award of a federally assisted construction contract exceeding $10,000 which is not exempt fro+a the provisions of the Equal Opportunity clause. (b) Contractors receiving federally assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause will be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity clause. NOTICE TO BIDDERS ON FEDERALLY ASSISTED CONSTRUCTION CONTRACTS WHERE BIDS ARE LIKELY TO EXCEED ONE MILLION DOLLARS Application has been or may be made to the Federal Water Pollution Control Administration of the Department of the Interior for financial assistance to the work proposed under this Solicitation. Thu Department of the Interior, in Implementation of Executive Order 11246 (Equal Employment Opportunity), of September 24, 19659 requires its constituent Agencies which provide financial assistance to construction to conduct Equal Employment Opportunity compliance reviews prior to award wherever the prospective construction contract is in excess of one million dollars. Accordingly, the apparent low bidder under this Solicitation should be prepared to attend a meeting that will be scheduled by the Federal Water Pollution Control Administration after opening of bids, but before award, where he will be requested to specify what affirmative action he has taken or proposes to take to assure Equal Employment Opportunity on the project. Until a determination has been made by the Federal Water Pollution Control Administration that a satisfactory compliance position exists on the part of the prospective contractor, and the determination has been concurred in by the Department of the Interior, Office for Equal Opportunity, award of the contract will not be authorised. I S-1 INSTRUCTIONS TO BIDDERS 1. PROPOSAL FORM: Bidders shall use the proposal forms Included in the documents for each contract. Proposal forms are to be left attached to documents In same manner as received by Bidders. Supplemental data to be ' furnished shall be included in same sealed envelope with Proposal. 2. DELIVERY OF PROPOSAL: It shall be the Bidder's responsibility for the delivery of his proposal at the proper place by the time stated in the Notice to Bidders. The mere fact that a proposal was dispatched will not be con- sidered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL" and the name or description of the project as shown on the front cover of the Contract Documents. 3. BID SECURITY: Each bid must be accompanied by a certified or cashier's check or an approved bidder's bond made payable to the Owner In an amount of five (5%) percent of the largest possible total of the bid as a guarantee that, if awarded the contract, the Bidder will enter into a contract and execute all necessary bonds. 4. PERFORMANCE BOND: With the execution and delivery of the contract, the Contractor shall furnish a performance bond for the full amount of the contract. Bond shall be executed by an approved surety company authorised to do busi- ness in the State of Texas, and acceptable according to the latest list of companies holding, Certificates of Authority from the Secretary of the Treas- ury of the United States of America. Performance Bond shall be arranged to extend for a period of one (1) year beyond the date of written acceptance of the work by the Owner, to guarantee the repair and/or replacement of defect- ive materials and/or workmanship which may develop during this period. 5. PAYMENT BOND: In addition to the performance bond, the Contractor shall furnish s payment Fond for the full amount of the Contract. Payment bond shall be executed by an approved surety company authorized to do business in the State of Texas, and acceptable according to the latest list of com- panies holding Certificates of Authority fromethe Secretary of the Treasury of the United States of America. b. BIDDER'S KNOWLEDGE OF CONDITIONS: Prior to submission of a proposal, bidders shall have made a thorough inspection of the site of the work, and a thorough examination of the plans and specifications, and shall become In- formed as to the nature of the work, labor conditions, and all other matters that may affect the cost and time of completion of the work. • 7. INIERPRETATION OF DOCUMENTS: If any person contemplating submitting a bid for the proposed contract is in doubt as to the meanins of any part of plans, specifications, or other proposed Contract Documents, he say submit to the Enginear a written request for an interpretation thereof prior to 48 hours of the time for opening of bide. The person submitting the request will be responsible for its prompt delivery. Any Interpretation of these b FEEM documents will be made only by adderdum duly issued and a copy of such adden- dum will be mailed or delivered to each person receiving a set of such documents. The (*+ner will not be responsible for any other explanations or interpretations. ~ I END OF INSTRUCTIONS TO BIDDERS w O PROPOSAL Denton, Texas March 20--1962 PROPOSAL OF B-W CONSTRUCTION COMPANY A Corporation organized and existing under the lave of the State of Texas a partnership consisting of , the business name of , an individual. TO: Mr. James W. White City Msnsger Denton, Texas PROPOSAL FOR: Mayhill Road Water Maln The undersigned Bidder, pursuant to the foregoing Notice to bidders, has carefully examined the Instructions to Bidders, this Proposal, the Special Conditions, the form of Contract Agreement and of Bonds, the General Con• ditions of the Agreement, the Specifications, the Plans, and also the site of the work, and will provide all necessary labor, superintendence, machinery, a4ulpmento tools, materials, services, and other facilities to complete fully all the work as provided in the Contract Documentsl and binds himself upon formal acceptance of his Proposal to execute a contract and Lands, according to the prescrlb•d forma, for the following prices, to-wit: ITEM ESTIMATED N 4 DESCRIPTION QUANTITY UNITS pR_!CL AMOUNT 11 Furnish and Install Sr' 4 Cast Iron Pipe 61488 L.F. $3..766 $ 26t274.88 2. Furnish and insreil 6" Cast Iron Pipe 20726 L.F. i 2.92.911 $ _70932.66 70 Furnish and install 8" W Gate Valves a Each $15_2.00 $ 11,216.00 4. Furnish and Install 6" MJ Gate Valves 8 Each $106.00 $ 848.00 d ITEM ESTIMATED No DESCRIPTION QUANTITY UNITS PRA CE ANDUNT 5. Furnish and install Cost Iron Pipe Fittings 1.5 Tors $j20.OQ $ 1,125.00 6. Furnish and install 3/4" Taps & 3/4" Corp. Stop 16 Each $ 17 850 $ 280.00 7. Furnish and install 3/4" Copper Water Line 250 L.F. $ 1_,.,;25 531 .50 8. Furnish and Install Meter Box, 3/4" Curb Stop and 3/4" Adaptor 16 Each $ 2_ 04. $ 320.00 , 91 Stabilized Backfill Motorist 10 C.Y. $ 17.00 $170.00 10. Flexible Base Replacement 60 S.Y. $ 3.35 $ 201.00 it. Asphalt Pavement Rorlaceaent 5 S.Y• $ 5.00 $ 25,00: 12, Highway Crossing, 68 L.F. $ 19.00 $~1,29~ 1,292.00 13. Furnish and insl:sll Fire Hydrants, not lucludins 64.00 $ 1,320.00 . pipe and valve S Each $2 14. 1500 psi Concrete Crsdle and Enossement 10 C.Y. $.L2. $ 2_ _ 20 00 TOTAL AMOUNT SID (Sum of all Items) $ 441,537.04 The undersigned agrees to commence work within tan (10) days after written notice to commence work, and to substantially complete the work on which he has bid In JLO consecutive calendar days. The undersigned acknowledges receipt of the following addenda$ No. I _Mar: 10, 1969 No. 2 March 18 L196_ Within ton (I0) days after formal acceptance of this Proposal by on award of contract, the undersigned will exacute the Contract ASreoment and will furnish approved surety bonds and such other bonds as required by the e Contract Documents for the faithful performance of the Contract. In the event the Contract Agreement and Bonds are not executed within the time above set forth, the attached bid security in the amount of Five Per Cent (5%) of the largest Amount Bid Is to become the property of the Amer aA liquidated damages for the delay and additional work caused thereby. Respectfully submitted, B-W CONSTRUCTION C MPANY By Vice President Titte P. 0. Box 20880 Dallas, Texas 75220 • Address SEAL (If Bidder is a Corporation) NOTES Do not detach bid forms from other documents. Fill in with Ink and submit com- plete with attached documents. t SPECIAL CONDITIONS It WO N$ b_T _BED ONE: The work to be done comprises the furnishing of all m teria s.~ labor, toots, equipment and appliances necessary for the construc- ` tion and completion of the Mayhlll Road Water Main, In the distribution system at the City of Denton, Texas. The work consists of furnishing and installing of pipe, valves, fittings, and all other appurtenances as shown on the Plans and provided by these Specifications. The project location is shown on the Vicinity Map on the title sheet of the Plans. 2. PUBLIC LAW 660- This project will be financed in part by a Federal Granu for Sewage Treatment Works, Public Law 660. Federal Specifications and Contract requirements applicable to this Contract are included isnedistely following thesi Special Conditions. Attention is specifically directed to the signed statement concerning previous work done under theme requirements which must be Included with the Initial bid. 3• WAGE MIZ.: Wage rate schedules which follow include wage rates for "Building Construction" and "Heavy Construction". The "Building" schedule must be applied to all building construction, and the "Heavy" schedule may be ap- plied to all other work. "Building Construction" as used here involvrn struc- tures with habitable areas in which people customarily work or carry on their business. A It is the responsibility of the Contractor to use the proper classifica- tions and rates in accordance with the practice in the area. It also shall be the responsibility of the Cc.titractor to asks the determination between "Bultd- ing Construction" and "Heavy Construction". When a question arises as to whether or not the schedule used complies with practice in the area, it will be the responsibility of the Contractor to furnish proof that his actions con- form to area practice. A. copy of the wage rate soheduls contained herein must be posted and kept posted in a conspicuous place on the site of the project at all times during construction. Copies of the wage rate schedule will be furnished by the Owner, but the responsibility for posting and keeping posted rests upon the Contractor. 4. ' t~s The Owner qualifies as an exempt agency pursuant to the provi rof Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act, and is not subject to any State or City sales taxes. The Contractor performing this contract may purchase, rent or lease ell materials, supplies, equipment used or consumed In the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate complying with State Comptrollers ruling 895.0.07. Any such exemption certificate issued by the Contractor In lieu of the tax shalt be subject to the provisions of the State Comptroller's ruling /95.0.09 as amended to be effective October 2, 1968. g S. AWARD OF CCNTRACT: The Owner reserves the right to award the contract based on its decision as to the best bid submitted. The Owner also reserves the right to reject any or all bids. Unreasonable or unbalanced unit prices will be cause for rejection of any bid. ' b. MATERIALS FURNISHED BY OWNERr The Owner will furnish 02 materials. The Contractor shall furnish all materials, equipment, etc. 7o RIGHT-OF-WAY: The Owner will provide the necessary right-of-way, ease- ments, and permits along the route of the project. The Contractor shall take all reasortable precautions throughout the work to prevent injury or damage to adjacent land and to structures, fences, trees or crops thereon, and be re- sponsible and save the Owner harmless from any damages or claims arising there- from. In streets and County Roads, the Contractor shall limit his operations to the boundaries of such street or road. So SAFETY PROVISION : This Contractor shall provide barricades, flares, warning signs, and/or flagmen so that danger and inconvenience to the traveling public will be held to a minimum. 4o WET CONNECTIONS: The Contractor shall carefully plan his work In making wet connections so that the "out of service" time will be held to a minimum. Operation of valves in the existing system for the purpose of waking connec- tions shall be done at such time as the City Water Department tuy direct. 10. WATER FOR CONSTRUCTION: The Owner will furnish all water required during construction; however, attention is called to the fact that not all the Pro- ject is served with a water line. Water will be available at points on the distribution system. The Contractor shall, at his expense, lay such lines and make such connections as he may need, subject to the approval of the Water Department. Where water is taken from fire hydrants this Contractor shall furnish a valve for use in turning the water on and off so that the fire hydrant valve will not be used. 11. DISPOSAL OF EXCESfs MATER MI This Contractor will be required to dispose of all exceej dirt, rocks and other debris from tho various excavations, which may not be required for backfill purposes. 12. PROPERTY PROTECTION: The Contractor will be expected and required to protect all property, fences, curbs and gutters, lawns, shrubs, trees, stoop during the construction of this project. Any damages shall be repaired or replaced at the ContrLitor's expense to a condition as good or better than existed prior to commencing construction. 118 UNIT PRICES AND~EXENSIONSI In case of an error in multiplication rof a quantity and unit price bid for any item In the Proposals resulting in sit erroneous total amount bid for the item, the unit price will be consida:ed as the bids and will be used In comparison of bids and for payment in the event the Proposal is that of the successful bidder. Unreasonable or unbalanced unit prices may be cause for rejection of a bids h I 14. CHANGE OF IACATION: No change In the alignment is contemplated. However, should a change be necessary, the Owner reserves the right to make such change. Any such changes will be compensated for at the unit prices bid, for materials actually installed. 15. UNCLASSIFIED EXCAVATION: Excavation will be unclassified. 16. ARANT E: The Contractor shall guarantee the pipe line against leaks and breaks due to defective materials or workmanships for a period of one year from the data of written acceptance by the Owner. Damage or leaks due to acts of God or from sabotage and/or vandalism are specifically exempted from this guar- antee. The Contractor shall arrange for the Performance Bond to be effective for one year after final acceptance, as a part of this guarantee. When defective material and workmanship are discovered, required repairs are to be made under this guarantee and all such repair work shall be done by this Contractor at his own expense within five days after written notice has been liven his by the Owner. Should the Contractor fail to make the repairs within five days thereafter, the Owner may make the necessary repairs and charge the Contractor with the actual cost of the labor and material required. The guar- antee shall also cover the maintenance of surfaces and structures over the trenches for a period of one year after acceptance by the Owner. 17. =,glr Payment will be made in accordance with the provisions of the Detail Specifications. Partial payments will be made in accordance with the General Conditions of the Agreement. END OF SPECIAL CONDITIONS i f~ (Rev. 3-17-67) SPECIFICATIONS MD MNTRACT REQUIRDMMTS FOR WORK ELIGIBLE FOR FEDERAL PARTICIPATION FEDERAL and Potty 'ION CONTROL ACT (Public Law 660, as amended) • 1. GENERAL These requirements apply to all work for which federal funds ad- ministered under Public Law 660, as amended, are used as any port of the payment for such work. In the event of co'tflic't with other re-' qutrements of the specifications or contract, the following stipula- tions must be complied with but will be considered as minimum requirements. Any supplemental conditions, extensions or expansions of these requirements In other secsione.of the specifications are to be con strued as a pert of these requirements. 2. I CT 0 DB - SCI G Q1 N ' dontracta ior ~nor~C under thia proposal rill obIi=ate' 'thi con- tractors and subcontractors to comply with Executive Order. ~i114¢ pertaining to nondiscrimination in employment, ' p E4 $T'?► iiIaxa IlOI VLL, g R A-BI S~', AS., TQ ~ Tti V 1KQLiI , P RE ,I.b,E~',' S KJMUT IV U R 11246 OR ANY P CEW01h6 ftHIIAR k1E I~O (No. 11923 and No. 11114)0 3. SPECIFICATIONS FOR THE WORK r with ttie V0, 444 by tbe'c6dtcaq s ~ e, pgrIg, d J4r afp°rfdPafP. plans an specifications including a tern ~Pftq~s., b9refp Aa r approved by the Commissioner of the Federal Water ollut on Control Administration, 4. SM.M J AMMS, AVQ ~ FQ PRE Q,N„ r . w nth r~speCt to 011, work pe;forped under' this con; 4c,t the Fob, , tractol eha 1' a;, C041Y,wtih the safety standards provisions o'f ipp`iic0l,l,.,, lave, butld(n$'and constFuctign code and the 'Vaavfl.a ;Accident.` ; Prs1Ye9Fion :A41 ConotRvQtton" pu4Xi4~i4F; 0yi tb¢ ~lsso4f,sted,Gpi er or am, 1 r b, . Ex,epgi,se, every precaution at 4l l times . for the, prgv anon oI . , , accidents 41 t44 Qroteott 1,of persons (including ewp4oyeps).4p# property. a-., 044gP41 n, ai his office 9s,`ot44kr, yell known plsc4 ! Y site, 41,1 r!rtio •e. e}tcoassry for 6iv(p first .ei4 to 6e.i4lpyti:d„sad..: 4 mm shall slake t the jop, ake standing a rranagMonte for t~e 11 ediate ramaval 40 4, hospital or a doctor's cars of persons (including empluyees)'who may ;r a~ E be injured on the job site,.: In.no!case, shall employees be pensitted to work at a job site before the employer has made a standing arrange- ment for removal of injured persons to a hospital or a doctor's care, d. Tae engineer shall have the right to require the contractor to modify his methods and/or equipment, if such, in the opinion of the engineer constitutes a safety hazard to property, personnel or public safety. 5. FEDERAL. STATE AD LOCAL $ k~'r contractor shall conform to all ap;?itcable federal, state and local laws and the rules and rrgulatlons of all authorities having jurisdiction over the construction of the project. No statement or requirement in these specifications shall be construed to abrogate,any applicable federal, state or local law. Each and every provision of law and cliuse re4uired'►iy taco to bg inserted'in'thfa conttact shill'"' be deemed to 5e insertei herein and the co'otract 'ahili'be read and enforced,ss thot+gb~~, }t ',iore tnclude4 herein, and iE thr0ue. mistake . or othervis! ►tiy iiie~:Okovi'sion la &r tneerted, dr` ie not .";re4,' ► inserted, tSen upon application of either party the ccntraet sAs~~w forthwith be hW is1}7 "ended to make uch foss tian or correctign, b. The , ont 4c~ 3- hall' rovtde pio r._ a~f :ftl s fgr •pd epc to It t "d fi or b " ` ~ 1~ ~xaj ~ia'~ 'at t~ bbl }i r , +9 sontr ortEirdl A pn, ski and thllsNte r 7. ING:USIOH iN SUBCONTRACTS Xhe contractor hall n }u a all appliclble pFovisions of tl~ sectid~' d!` thi Ult'tin~i it ` ati''i3beantrdctsi fot'066 ~d'be ~r- formg "un'd6'th s'rj}~ ` Vi A;-. -:i I 3'1 ~~tla refill".. 8. TRADE NAMES AND MATERIALS i , j , t Where materials or q ~erl►.sp6cfiiad by:°a` ti`iQi or hia name, it it not the intprltion of the opaer to di crininate against an egiibi p'tdduet'bf'anofhet'tfiantiflCE'd!'ef;"'b(It' talhar 'loo tlt a `dMdite standard of quality or performance, ind to establish an equii'bJbsfi? for the evaluation of bids. Where the words 'i~quivalent," "pro er it or "eq1, it, b~' "`re3 2~6d ' ~ the '1ihAk I' bl~` U!iderattod 'ec Air A that the I thing r tft od'tb''s;5l~1f`~e tiape3~' itib gq4lft~eOW~if~ 'r egtral' b {sane'" I other thi k" iii°' Wbpf iititl bk `jhdg>b kd f1he'"kit4iPweer `dm j, wise specified, all materials (hall be the best of tmii'reipec"HAFt kinds and stall be in all cases fully equal to approved samples,, Not- witb"OtWidlRj ' thit ifie' Wrds"Were'equAl to" be 'dthe>' 'ouch exprdo'aio4f may be li'Aad Wth!ae¢eMkitatid~ s iti"io'tineet0fi'Vft1''e silteritl;'' • manufactured article or process, the material, article, or proce/t';"l't'a specifically designated shall be used, unleae a substitute shat be appFF6V4d ' fA ii ilffl ' by,the eAjinebi -,(aTo the 'erlgirfeei `shaft` NA the right' tat, i!e46fie't~e''dskJ6f lids: i cvl±!'id6tly''d!'if'gNa'-ed ' i, article of Oiodbxi,it'-)- ,.11,J", i f01 r~~.a P,:7'•y? cif; i if.ii8 fl(, I- lt.: iSr,, ai S' S rr,t(S~~y''U1✓ -Z- ,No material, Vhich, has beed used, by the, contractor fat any' tem- porary purpose whateVer it to be incorporated in the permanent, structure without written,tonsent of, the engineer. :r x 9. BONDS AND INSUFANCE General The contractor shall obtain, maintain during the life of the project, and-provide copies to the owner of the following bonds add insurance policies which shall be obtained from surety and insurance companies licensed to do business in, the state or states in which the project is located in the amounts and for the purposob,,etatedi.'' and subject to the owner's approval. Bonds shall be obtained, and approved by the owner; prior tb•the execution,of the formal'centtact:' Insurance policiet shall be obtained and approved by owner priW to the commencement of,the work. 'Copies of evidance'of tenewal,bf bonds and insurance policiei shall be obtained and furnished to the ' owner prierlto`,tha.expiratlon date of,such bonds and inauranls I-a, ' policies when these bonds and insurance poliliei'afe1,titittevfdi'-71i periods shorter than the life of the project. a. Performance tnd Payment Bond Pdtfotmhnc*Asad)Payoest Bond)at,not,lobsfthad 10010dVa e contract- pried) forntaitAEsl+'pattosmasce(of thb oestradt pa inln''',tt`s of allil0bor add( ibaterialsifurnished i in;todneotib's(with'Ahor'dodtradr>" or, where such single)bosd+is+662 In'cosolianlilwith- otatef4adlorril nt ''llw local requirements, separate payment and performance bonds, each not less thASISOU efnthor.contract-prlos)fouther4as►erpurpeboa;zd)IF,if-);4 A r, bnn rltlw 111;-, 1+,.1w.1ln r rf r , r,n, 1rr,,] .0J of ;'o ,IifoI! i ;"'iP -be-) Workoea!s-Compensation add Eoslcyet!s .Liabilttt~2oetirasc~U,> - T sup ( WQrkaen!s"Coopensation;an6 Booloydr s,Liabilitynitieorascelih ir; a the ampuntaanditermstlequiredlbyiippltcable,'stiture -for all ~emplo e's' ~r,dr, engaged,, isiwork an the Aproject ubderr this coot!act, `dais id .sass dP~ rt+^+~ any each vsxk~ sublse, ~ the- coutractort shall,.rekttre ths(7suboontractofil, - si,sb1atly,,t9,ptovids Wdrkadnl•+CocspentatLon4nsnranodktdratl;theaw 1; :1nv r, letter'eremployllee-Jro bd~aogagedjin gdc;llrwdtkr+anliss•shchodploydes,,Ir., #H are covered by the protection afforded by the contra.tor!s WdrksdYsls ^rf) Compensative Insurance. In case any class of employees engaged in ha:,ardous work on the project under this contract is not protected under the workmen's compensation statute, the contractor shall pro- vide and shall cause each subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. c. Public Liabilit and Propgry ama She contractor Public Liability Insurance shall be to an amount not less than $100,000 for injuries, including accidental death, to any one person, and subject to the same limit for each person, in an amount not less than $3000000 on account of one accident, and con- tractor's Property Damage insurance in an amount not less than $50,000. ' d. guilder's Risk Insurance (Fire and fxte da(r Coverage) (NOTE: In case these specifications also include the "General Conditioned',af the CosR+ppitr~tatllitibl'ALleifistt`lt`io4i~ i~" their requirements for; ft► -lderlsAM*kj Ia/ukhliee?vi'l1-tAV,1pt%t4desW, over this item.) .3- Until the project is completed and is accepted by the owner; the contractor is required to maintain Builder's Risk Insurance (fire and extended coverage) adequate to fully cover the insurable portion of the project for the benefit of the owner, the prime contractor, and subcontractors as their interest may appear, e. Insurance Certificates The contractor shalt furnish the owner with 'a certificate showing the typeb amount, class of operations covered, effective dates and dotes of expiration of policies. i 10. MELATION DATB It'not:stated elsewhere in these specifications the contractor shall complete work under this contract within * (working) * (Calendar) days, Time-for completion shall begin on the 10th day after the issuance of the work order, which shall consist of a written request.by:the engineer for the contractor,to•,proceed with the construrtton.of the project*, , 11. LABOR STANDARDS a. The labor:standarde contract. provisions contained on the followingepaps and the,wage determination whiSh implements the re-*r quiremewts•ot,ths federal-Water Pollution Control Act,shall'be complied. with in the performance of all-.work under this eoutract: b. Notwithstanding any otbarlstatement or information in these iJ specifications to the contrary, the contractor will comply with and re- quire all subcontragtots'to complx.wkth the schodule,of.vage rau#s cod. tainedJ14 , curr4nt.wage.detetmination docisie of Che)Setretary'of Labor whichi:a made aipavi;of thete,spdgtficstionsi,r If , eurraat.wage, determination applicable .to;this -contract, does not:oxidt at the-tt>ae!of•:,R'. the contract 4vardo •tha :contnottots and ,subcontractors, suit comply wiith q; a valid wale determi""ton.dsoision.when,,tssusdrby;thi gitratary-oflLabOri The rates coatained.there idrahalI.apply rdttoeetively througbout',ths'1lfc,E of the watraatii fl +rr ! 1VC') ,T I, { -.J r.J ..J SQ ~iGl{<; -F.; .'r ,'1U.ff .,'.'1 J{; Pfl r:'3 r.P•f -5 t{J `I t,'l+ rltj.. rJl'JrF,;-~f4 `al l.r r.,. °fr1., IJf' `.•~t[P. .,,en -.rr!. Lf1F. P1 ^1.? •tf! r. '1 I1;,.; . lr,y.,iJ ! rtr r.J1. 1 ! * Cross out "rOJA9t applicable ►r Mthp appropriate word is not;' t< , crossed ou5,409,vorkissl!days,will be'constdelred.applicabli: +1 :r,fs1 x .4- M: ~z 2. Certification of Nonsegregated Facilities (Applicable to federally assisted construction contracts and related subcontracts exceeding $10,000 which are not exempt from the Equal Opportunity clause.) The federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted con- struction contractor certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or enter- tainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The federally assisted construction contractor agrees that (except where he has obtained identical certifi- cations from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed SUBCONTRACTORS rplor to the award of subcontracts exceeding 110,000 which are not exempt from the provisions of the Equal Opportunity clause and that he will retain such certifications in his files. I s • LABOR STAHOARDS JANUARY, IN? Contract Previaloas (1) Minimum wades. (I) All mechanics and laborers learn 111eresner lot fill lativers and wochenles working at employed of worhbng upon the alts or the work wUl be paid the a)te of the wot*. Iloeb records will contsfa the time uncaaditionotly end not Its$ one" than once • week, and and address of each curb employee, his cornet without subsequent deduzUea at robateon any account classification, roles of poll (Ineledinj rates of (ascept such payroll deductions as are pomltted by contributions or costs anticipated of the types described replatloss jseged by the Socretary of Labor under the in sectlan t (b) (2) of to Davis-Saco. Act). dally Cepeland.Act (29 CFR Part 3), The full amounts due at time -nJ wtekfy numbw of hours worked, deductims muds and of payment computed at wage rates act less than !home a:•wf wages paid. Whosoever the Seerotsfy of Labor has contmirted in Of wage detansin, title decision of the found (ss provided for by (l) (Iv) hereof) that the wages Secretary of Laboe which is attr.bed hotels and made s pan of any laborer or vie enk include two amount of any hereof, re ardless elegy contractual relationshlP which may coals reasonably anticipated in providing benefits ruder be alleged to exist betreea the contractor and myth laborers ■ elfin or Program described (e section I (b) (2) (B) of the Md mlck"Ice; and the wage determination declslon shall Davis-Socon Act, Me rantraet r shalt mdntain reeord@ be posted, by the contractor at the mile of the work In a which show that the commllment to provide sfich' prominent place where it um be easily sees by the orwhau. benefits Is enforceable, that the plan or program in For the purpose at this claese, contributions made or costs funencualy responsible, and that the plan of proven hot reasonably anticipated under section t(bN2) of the Davis, been communicated to writing to the lobe-en or Doco1 Act on behalf of laborers or mechasics are considered mechanics atfeeted, and records which show the costs wages P414 so such laborers of mechanics. subject to the antleipatgd of the school tees Worred in proviftil, b l r"'ASONs of (lXly) hereof. Also tot the purpose of this benefits. clause, •regulat contributions made or costs incurred for men (11) The controrler *lit submit weekly s copy of all than s weekly period under plans, funds, or programs, but payrolls to the applicant, sponsor, or owner, as the case cavort" the,panlculsr weekly period, are d reined to be may be. 'flee copy dell be accompanied by a statement conmlyuctivrly made or incurred during such weekly period. stphed by the employe or his .Rent Indicating that the (11) The conlrectinlt officer shall require that any clan payrolls are correct and complete, that the wage rtes of laborers or mechanics which is not listed an the wage contained therein are not less ".Pit Most determine' by determ)oslion sad which Is to be employed under the the Secretety of Labor and that The rlassificetions set contract. .al All be classified or reclassified comformably So forth for each laborer of merbanic comrorm with the were the wage determination, and a report of the action taken he performed. A strbtalssion of t "Meekly wtstem w shall be seat by the Federal sAoacy to the Secretary of of Compilonce" abfctl is required finder this etalrael Laker. rn the event the interested partlC* s moot agrw on and the Copeland reevferleos of the secretary of Libor the proper dassifipation or reclasslficetioa of a particular (2n CFI?, Pan 1) and tkv S,limg with thi initial Payroll Of class of laborers and me,btanies to be used, the question any s0sequenl payre7l of a copy of any findings by lbe ` aeeompaliril by the ncommeadauon of She ennlrocliryt Secretary of Lob-or pwourn to (I) (Iv) hereof shell officer shall he *record to the Secretary of Labor tier final satisfy 1111% regetrennrel. The prime contractor shall be delermisel,(oa, . responsible for the solimisrlen of eoples ofpayrells of (111) The contracting officer shall require whaoevcr rho all subcontractors, Tile contreder frill mobs the records minlmumwsge rote prescribed in the runtrm, t for a rlosx of required under the labor rta"dards clsunes of the ctsabed' laborers or mechanics lnclu Je% a fringe, hentrit whirh l% not sveirhte for I,'aPertlna H outh6elred representatives of expressed as an hourly wage rate and the contrectnr is the Federal Water Pollution Control Adds littallon and obllgmled to pay a cash equivalent of %urh a frinac heneflt, the Department of Labor, and will poked such an hourly cash equivalent thereof to be estabGahei. In the reprosenlstivto to Interslaw employees during leading event the interested Pettit% cannot agree upon a cash hours on the job. equivalent of ile Prints benefit, the qut•aunn, accomMnlrd (e) Apprentices. Approatices wilt be ptntillted se a" as by the recommendstirn of the cnntrsatiea Officer, shill be such only when they err rgipterea• Individually, under a referred to the Secretary or Labor for 6•ter-Motion. bona fide opprentieeshlp program registered with a State (ivl it the eontraetnr doaa not make payment% to a appr"Waship agarncy whlcb to rectrplaod ey Ohs Owes* al trustee or other third portion, ht may coned,•r a% put of the Apparollegele ao4 Tralelag, (7e4ed lltafos DepertmLgt gel , wages of any laborer or mechonse the smouni td any cools Labor; or, If no such recognized savory colors in a ate, reasonably anticipated in providing benefits under a plan under a pOOpem registered with the Bureau of Apprenttc"We tit program of a type topresaly listed In the wage deferral, and Training, United slates I rpsninent of Labor. Thk nation decision of the secretary or Labor which is ■ parr of allowable ratio of opprrollces to jouroeymen in any Craft • this contract; psvudrd, hnmevre, Th,• Secretary of Labor classification abaft ant be greater thorn the ratio primitlf4 to has found, upon the written request of the conlreclor, that the contractor es to his "Airewait force under Ohio registered' the applicable standards of the Darim•ff con Act have been program, Any employee listed on a payroll at, sa opprentlct met. The Secretary of Labor may require the contractor to wage ray, who Is not registered so above, shill be p'Ip fi, , set aside in a separate account asnet% for the meeting of wavy felt itetwmined by the Secretory of Labor for the _ ohligstinns under the plan cr program. classification of work be actually plrfortge4. The contractor (2) 111101hol,llnd at subcoatiorlor will be regal rd to furnixh to the cunfrortipp r The Federal Water Pollution Control Administration rosy orrieyr written evidence .r ohs registralion of Nix poarm s wOMhold or court to be withheld Iron toe cow, Wtor so and apprentices is well n of the appropellif rttioo and much of the accrued payments or advances as may be wage roles, for the site of construction pro to using any considered necesamrv In pay lahnrers and mechanics opprrotsces on the t user Prorlr employed by ldi enntratior or any eubconurarlor on the work, (S) Ctartptioner wall it Cotrlaod Wiiulafi. em r:o en J064. The, full amours! of wages required by the rMlrerr. In '.he 3). The rontreap shelf comply with the Cn lsn Reguliir event of failure In pay any iabnetr or met hank employed or dons (29 CRjt Put of tbt tierrelsry of Lo or ir• kb are. working on the site of the work all or part of the wages berein Incorporattd by rejrrrate. required by the contract, the Federal Wotee Pollution (6) Susnn/facts, The ernrrfictor will lea n Ip ady Control Administration may, allot written notice to the subcontracts eleusas (1) thro {h (5) end ; vp~ ` contractor, spnn". oprircone, or owner, take such action other clauses as the Federal Mater Pnltutioa ConUq` ~ s fA an may hs ntcravory to cause the %usp, n•i~n of any Administration may by apprrt•rialt (ns"timas regefel, one further payment, advance, or gusrontet of Sunda unlit misw a claufie requiring She sWbconorsclois to In9clude these , such violations have ceased. clauses in say iower tie outKonbselp which they stay a"Mr , (2) payrofrm and basic reconim (I) Payrolls and basic into, footetber wltb a clause ngylrigg thio lgtrlioq AV retards Printing therein *df be maintained during the further spbc9filraelp t44k Mel 1(t n~ be mods,' course of the work and preserved fat a period of three :n." cents on$ ( 71 Mill (6l irmlinasion; ds ot lortaA b o eaCk of ella"s EescaUrehQdfr led fo11146 r will of mplyw it 7 I prov sac d of Ile (1) t. and may p be be Smog monads g pr far in the Ike toles. regirlatls~s, Da4 relevant orders of the feereuty eonnracreet and top debarment air provided d to Rs9u latiaos of of Labor. the Secrelary of Labor ad 29 gFIt I.S. ' (6) Over(how regtdrrateser. 11e eo ilowtr at sobcontolelee 't(S) Thq covWlr t21u famlek all lOformallon and rte eoatnctiei for any part of the contract ■oA w►Ick MAY regeleeO M Estcutivt Ardr Its. 11146 of SeplewbW 24, lM, legairr a involve the employment of loborers or mechanics soA' life. regulations. WA ordns of the Steve rip at shall require or permit may labors? r mechanic Is any fork. Lei susot lh"sto, and w111 permit access to blot week in which he Is employed so such work to work is boa do, and accounts by the Contracting owe" and .snail of skirl Bowe to u7 cafesdor day of in raela/ of ' 4llea...rry of Labor fit pwpooes of laryallROtlon to pony bourn in seek workweek willies such laborr No •ocortein compliance wil► seek totes, regutotlfmo. and aide", mechanic receives eouppos Odes at a role sot lama Ikon sae I(G) In the ewagt ♦I Op contmews aoaeompfuoce V4 a ad oneAratf times his Maie ale Of pay foe nU horn wasted The sowiatMmiaallam e1MMl Of this tMhect of Wilk sfi , Its oxcas of eight howl u on► ealeadar day or in excess of Duch rules, regulations, Of orders, thin renlroct may be' forty bows in seek wrhnasb, as the case may be. dwell 04, terminated r eospeaded IN w%eta or in port "d (t) F)ofaNen; liability la Unionist wyom., liquWaterl the contractor may be declared inellttate for Nether Ctvlm. domaseg. 1s the agent ff say Violation of tb else" NI meet eoatmclo to accsedonce Wilk procedures "tbodlaf to forth to saraRyk (q. Ike tontraeNr tied say "►ctmtnctr EescotiVe Seder Ile. 11200 of September 24, 19i$. and sock respooaible Nierebt shalt be liable to mnr atlrelsJ Other eaaellone map be 4hfloaed and r"todles hvelend s~ empters@ for big unsaid **afs. to addition. such eonlroclr Provided in EsrtUllve Cri er Igo. 11246 of IepTanabor 24, 1066, and subcostrwar shall be liable to the Uoiled litotes (in Slit of by gulf. reputation, or order of the 2atrelary of Labor, or cogs of work dons under coatract for the District at Columbia s$ otherwise provided by fn. of a ter►Itery. to such district of such territory), foe 017) The contractor will Include the provisions of Pats. liquidated damepo. Sock llrwldoled d0msps "hall be mrsoo (1) tbt"g% (7) in every subcontract of purchase bed" computed with respect to each uidividwat labover or meek"Ic Ualns esempted by rules, togelollons, r option of the employed in violation of the clam" set forth IN progroph Secretary of Later leaned Panuant In Sertlen 100 of (1), to IM sea of it0 for sack calendar 441 on which sock Executive Order Ns. 11246 of September 24. 10"6, so at, employee w" required or powitld If week In encase of such provisions will be binding r lem saris sabcantroc:r or e101 bows K in "teal as t►e Naadard wartwea► of lofty Venda. TM tominclor will in, a neck action wish n ywV11 to bows tdthoal parmesl of as ev lab" wages rrggtred by any subcontract an prse;ase order es the contracting sgearp the eleven met two in porser"k (S). may NreN do • "Naas of onfe"102 sock provisions IAC1odMg (Un lVithi ifi it for utpaid ryes end liquidated dssaepa. "tioclions far Nontoapliones: ►r•vid.d, aeserrr. That fit the The Federal Water Po11OUon Combal AdmiaiatsUon way event the contractor becomes tovetved in, w is amolssed witblwld at cease to be withketd, from any moneys volatile oa with, litigation with a aatrcnalewat of reader as a ►esrlt of oeeemet of wort parfrae4 by Ike a aalroclor or sohcottractwr, such direction by the contracting sooner. The esntneir nor li noel epee as leer a}mlalWtitively be determined to be request the united states to enter into each litigation of Mcese$* l0 saust7 sal liabilities of each coWoctr or protect the interests of the U,uted Statla.0 , subesatesclor tot asaN wspa Old liquidated 4400968 as Provided to 11if clean "t forth in Paragraph (9). (11) Subconlrecle, The contractor shall insert to a41 Sob- Conlreell (ice ctawaeo "t flab to paragraphs (1). (9).,4e4 ' (10) k6ner sad also a chyme requiring the subcontractors 10 include thM* ClsoNs In any lower tier subcontracts which they ikil *"tot Mb, Iopmet with a clause requblal Olt iaasftlas In Mr (Wthr $4kO trattn Mal may in IWa x made. - IIOf10fSCAtP'AATtON PROVIS10NS TO Of INCLUDID M FIORIALIT ASASTID CONSTRUCTICIN CONTRACTS "Diirirs thi peniarmaaa of We tontnct, of coftactet ogree6 es follows: ,(I) T'he contractor will not discriminate against any smpfo74I or apps roll for employment becsese of ran, creed, color, at lutlanai od9io. The c'onbacror wilt take offirmative seliaa is Matwt list spptieaals on employed, and dial smplol"s 00 treated IurlnO m0ploymom. without regard to their see, treed, cola, or national oagio. Such action shall Include, but not 64 limited 19 the following, employment, uppadlns, domotlop, at transfeti recruitment Or recruitment advertising; 167off Of lamination; rates of pal or ether taros of eompeasaiiga; sad sefettled for training, Including apprenticeship. The contractor agrees to pool in conspicuous plot", ovylable to employees and applicants tnremploymeol, "tins to he podded by at contracting of leer setting forth Ike ppttarlstons of Ib)a aondiaeamina ❑na e1sees. 1042) to eontroctoi will, ih all sohclrsllons or drerilae. ants for ryloy"s placed by or on behalf of the contractor, state $bat all Itooufld applicants will receive tena)derallon for eropfo}mtltt without regard to tat6 treed. color, or ' national orisla. 'y2) Tine tantrtictr will tread to lath labor matan Of teproasolatlve of ar"moo with which he has a Collective bergalnln agraginsht at other conuect or onbratMdirig, e notice, 101.OoH4ed tot tie ti envy coneraetfnd O(liedr , 841016ia9 the I"Or wnlsa a 0046n' NprUenutille of all coalrectaos em mitmente older Section 202 of Itseawtire Order 1U. 11240 of September 24, 1916, and shall pose rosins a: ISO Notice In conspire"s plies available to employees sad applicants ter employment. /aNWRI, 1117 SOL-Us 17-64) U.S. DEPARTMENT OF LABOR OFFICE OF THE SECRETARY WASHINGTON DECISION OF THE SECRETARY This case Is before the Department of Labor pursuant to a request for a wage prede- termination as required by law applicable to the work described. A stur•, has been made of wage conditions in the locality and based on Information available to the Department of Labor the wage rates and fringe payments listed are hereby determined by the Secretary of Labor as prevailing for the described classes of labor-in accordance with applicable law. , This wage determination decision and any modifications thereof during the period prior to the stated expiration date shall be made a part of every contract for performance of the described work as provided by applicable law and regulations of the Secretar;~ of Labor, and the wage rates and fringe payments contained in this decision, including modifications, shall be the minimums to be paid under any such contract by contractors and subcontractors on the work. The contracting officer shall require that any class of laborers and mechanics which Is not listed in the wage determination and which is to be employed under the contract, shall be classified or reclassified conformably to the wage determination, and a report ,-)f the action taken shall be sent by the Federal agency to the Secretary of Labor. In the event the Inter- ested parties cannot agree on the proper classification or reclassification of a partleularclaa of laborers and mechanics to be used, the question accompanied t•y the recommendttlon of the contracting officer shall be referred to the Secretary for determination. Before using apprentices on the Job the contractor shall present to the contract ing officer written evidence of registration of such employees in a program of a State apprx+nticeship and training agency approved and recognized by the U.S. Bureau of Apprenticeship and Training. In the absence of such a State agency, the contractor shall submit evidence of approval and registration by the U.S. Bureau of Apprenticeship and Training. The contractor shall submit to the contracting officer written evidence of the estab- lished apprentice-journeyman ratios and wage rates in the project area, which will be the basis for establishing such ratios and rates for the project under the applicable contract provisions. Fringe payments include medical and hospital care, compensation for injuries or Illness resulting from occupational activity, unemployment benefits, life Insurance, disability and sickness Insurance, accident insurs:,ce (all designated as health and welfare), pensions, vaca- tion and holiday fay, apprenticeilhip or othe•• similar programs and other bona fide fringe benefits. Fly direction of the Secretary of Labor, Solicitor of Labor. V0000--0-70-06 .car Attachtnent 35 FRINGE BENEFITS PAYMENTS (Excerpts from Federal Register of 9-30-64 revising Title 29, Labor Regulations) 13.30 Types *(want determin■nons. Include fringe benefits for various classes rrRUlar or bade stralght-Ume rate is (a) When fringe beneAta are prevail- of laborers and mechanics whenever such computed on his earnings before any do. ins for various classes of laborers and benefits do not prevail in the area of duciiors are made for the employee's meeba miles In Me area of proposed con- proposed construction. When this oc• cnntriburlons to fringe benefits. The str ietion, such benefits are Includable In curs the wage determination will contain contractor's contributions or costa for Davis-bacon wale determination. only the baste hourly rates of pay, that U fringe benefits may be excluded In com- any any a Davis contained In paragraph only the cash wages which are prevailing pu(Ing such rate so long as the exclusions le) of this section, demonstrate some for the various elaura of laborers and do not reduce the regular or basic of the Merent types of wage determine- mechanics. An Illustration of this situ. rate below the basic hourly rate con- Uotu wbfch maw be made In such canes. ation is contained In paragraph (c) of tuned in the wage determination. (b) Wage detetminallona of the Sec- this wetion• (b) The legislative report notes that retary of labor under the act do not (c) Illustrations: the phrase "contrlbutiora Irrevocably made by a contractor or subcontractor r ►rbur benefits aymeole to a trustee or to a third person pursuant ark _ to a fund, plan, or program" was added classy bouriy - In the bill in Committee. This language rata. 8 tAra sad Paarbea Y A we p(ren Mr in enscnce conforms to the overtime pro- wafaral6nr thrrhly Qa pmpam visions of section 7(d) (4) of the Pair La- bor Standards Act, as amended. The in- L*bwm U30 A tent of the committee was to prevent any rar..__....... 4.00 a s avo d esrace of ove rtime requirements o . u la it p un- Cat .16 .u der existing law. See H. Rep. No. 303, 4 w .16 to so as p. 6. srtas 4. so .10 (c I ( 1) The act permits a contractor or sum to in 4"M rM a" for ibrmat is sal mamrrur to (s. erect roes In whir% Mlpmiaalbnr V HI Ww, It Y ON of any anytraeWr fringe b b pay a sash prevailing ahJ of enefits found prevailing by the Secretary of Labor. Such a cash 531 3feedne vote determination fringe benefits, he would meet his oblies- equivalent would also be excludable In owsetlons, dons for "painters" in the Illustration in computins the regular or basic rate under contractor or sulooortractor per. pwatgraph (c) of 15.50, by paying di- the li deral overtime taws mentioned In (a fot(a i ii A A work oontracsutJoct to toror u s Davis-baer rectly to the painters a straight lime paragraph cal. 1(br example, the W t hourly rate of not less than 14 35 463 90 construction contractor pays his laborers worse determ.raUon may discharge his basic hourly rate plus 43 cents for fringe or mechanics $3.50 In cash under a wage minimum wage obllgatiora for the pay- benedts) ; or determination of the Secretary of Labor meet of straight time waged and fringe (4) As stated in paragraph (a) of this which requires a basic hourly rate of betai>ts by Dating In cash, makes Pay- section, the contractor or subcontractor $300 and a fringe benefit contribution of ev trim beriefite of Ow gym ents or lncurrLv cow for "bona Ada" may discharge his minimum wage obli- 50 cents. The contractor pays the 60 or by a discussed, gations for the payment of straight time cents in cash because he made no pay. wages and fringe benefits by a combina- ments and Incurred no cats for (rime (b) A contractor or subcontractor Mon of the methods alustrated In sub- besafits . Overtime compensation In this no d$eeltarse h4 obligations for the paragraphs (U to (3) of this paragraph. Mossot of the baa6e howl' rates arts This, his obltgaUoru for "painters" (and case would be computed on a regular or the lrfrt3e beneAbr ushers both are con- basic rate of 93.00 an hour. However, in any of the other classes of laborers or some cased a question of fact may be tamed In a wage determinsition appli- mechanics In the Illustration, Including presented in sacertalming wheWT or not allk to hL laborers or meehanlca In the those for whom no fringe benefits were a cash payment made to laborers or roustwift we": (1 DaylM not Idea than bade found to be Dnvsiling) may be met by an mechanics Is actually In lieu of it fringe By the to the laborers or merhan ic hourly rate, partly In cash and partly In benefit or is simply Dart of their htraight hOlu!y rite hou by making the borers or me for tM payments or oosts for fringe benefits time cash wage. In the latter sltuatlon, and which total not lea than $4.16 ($3.00 the cash payment Is not excludable In fl(lnte benefits In the wage determnna- basic hourly rate plus 46 cents for fringe computing overtime compensation. Con. .abets, as specified therein, >rbr example, benefits). The payments in such case sider the examples set forth in subpars- In the Wilstratbon contained in Para- may be $4.10 In cash and 26 ants In pay- graphs (2 ) and (3) of this paragraph. frellph w (0) of 11.30. Ute obligations for ments or Costa In fringe benefits. Or, (2) The X corstructlon contractor has lets wW be met by the payment they may be $3.76 In cash and 60 cents for some Me been paying $3.36 an hour of a straight time hourly rate of not less to payments or costa for fringe benefits. to a mechanic as his lento cash wale than $S." and by sontdbuUnt not less than at the rate of 16 ante an hour for 13.33 Overtime payments. plus s welfacents an re and h_ our as a plant, nTheuttion halUt arts welfare Deneftts, 10 cents an (a) The act excludes amounts paid by retary of Labor determines that a basic hour for pensions, and 30 cents an hour a contractor or subcontractor for fringe hourly rate of 83 an hour and a fringe lot toeations: or benefits In the comput%tion of overtime benefit contribution of 60 cents are pre. 03) By paying not less than the bask under the Pair Labor Standards Act, the vailing, The basic hourly rate or reg- hourly rate to this laborers or mechanics Contract Work Hours Standards Act, ular rate for overtime purposes would be ants by matins contribution for "bona and the Walsh-Healey Public, Contracts 6125, the rate actually paid as a basic dais" frtna benefits In a total amount Act whenever the overtime jrr rislon of caah ware for the employee of X, rather not less than the total of the fringe any of these statutes apply oonuurrently than the 93 rate determined as prevail- benefits requlred by the wage determine- with the Davls-Bacon Act or Its related Ing by the Secretary of Labor. Uon. Par example, the obligations for prevailing wage statutes. It is clear from (3) Under the same r t paintersIn the Illustration In para. the legislative history that in no event determination, discussed sing subr'.ri- graphitn(c) of t o! s 1 straight 5.30 will be mhourly et byrthe can the regu:ar or basic rate upon graph 2 of this paragraph, the Y con. which premium pay for overtime is cal- struction contractor who has been pay- of not less than $3.90 and by contrlbu- culated under the aforementioned l'ed- Ing 13 an hour as his basic cash wnge Uom of not less than a total of 45 cents eral statutes be leas than the amount on which he has been computing ov►r- an hour for "bons fide fringe benefits; determined by the Secretary of Labor u time compensation reduces the cash ware or the basic hourly rate (i.e. cash rani) to $2,75 an hour but computes his cats f3) By paying In cash directly to labor. under section l4b1(1) of the Davis. of benefits under section I(b)4214St as on or mechanics for the basic hourly Bacon Act, IS" S. Rep. No. 003, p, v,► $1 an hour. In this example the regular rate and by maklrut an additional cash Contributions by employees are not ex- or basic hourly rate would continue to payment In lieu of tau required benefits, eluded from the regular or battle rate be $3 an hour. See S. Rep. No. 963, p, 7. !br example, where an employer don upon which overtime is Computed under Ip1t Don, ei-assts: pus& aspl, se 1044; riot make payments or Incur costs for three statutes; that Is, an employee's IlAd a.m l aVA~TOWN . aetnrt. K wraa eeclNee me. p4trrt.aee ~t w 1ar.eLr~~IIfL_ '10 7 P/ tKHlen N Mela[T ID•rT M Nataa aataTtlemi - pare N e en w Banton HpC-'ten-171 ~w w nan raoaTT Texas fknton sucmrtlsa N WON. rumaasw saarem Expansion of existing activated sludge waste treatment plant Including primary clarification, aeration, final Bottling stodge digestion and chlorination. 101101110 Cml WrfOE iz; RAW N.0 Vow" Aw HT ~i70 - MwwMn gi•IwWa ~_•.gS S Q-. _ born ! 7• !S - Ali foal .0 JPOVIwwn. MaAw rA l~} _.-_t~Lt APw OR) IlaAnni 1,.1.n _1t~_ a mfrs - M.ra4, all a ar,en• 11y.n - 14.bn a•A •~Q_ _ _ - Roofers, 414ta, tilt, ubsotog - reef leg 16 oldit rlwrl.. 5.15 - •fS i .ITS .QS _ do w, wtorl we[arg, letl tR M Gf } - L•A .ew wd•n SA 4w h,o. r lists 'We sms~ "a .416 -WL7LT L _ AN "01A . C.w.wa MNl Owen" Ilo•w _ Lnl,,., . w+n rw+a wr. . atln _ rn.w, .5 V 13-1112-1 (pap 1 of 2) rwr dtti►t■~~ "sic MOLUT Am Air Tell Has 11493 A,pbalt Mates Isis Aapiatt Skauelor Isis Ietebl04 plant Seaton" less Sattetteard Setter 2900 Carpenter Selo Carpenter wiper 1,2s Comte rlalabor Ifni") 2,69 Concrete Flatabor salper IPauits) Ispp cow"te rialeker (Struetar") 2010 Comm" plalaMr Miter (StrretrMe) 2025 CorrTeta Rubber 1x00 Fare Iellhr (Strratwes) Isis raw Liner (pwl" and Curb) Son roes Setter (rni" w Cwb) Me7$ • raw Satter MtPer (1`49104 ad CWb) 2.00 rem letter (structures" Men setter Mlpor (Stn,taueo) 2.00 00 Laborere comas 1,75 Wwwo INIIIty man tolls Mr►leo 30114rs stick 3,00 Merb"e 3,00 Mtebeal4 Miper 1,25 Oiler 1,00 ►alater (Structures) 3000 ►aloter Mtper (stf stww) 2,00 21 todsl9awn to" 11061" or (COnento a clay) 2,10 plpetapw Miper (ceaerae i Clay) IJI, rosiams 5600 rwar 11"Apnut Oprstont ""Belt Ctoulbotor 1090 AapMlt Ierifl Meabl*e less Io tdetere 80 ■,p, and Leas 2,15 belt/asers over SO N.Pe fell Conerete raHts FlaiaNts Maur 3e00 CweTete Paulus left Order Isis Comm" peri04 Heat Matufe los0 Coner64 Pa"og LwS/taNYt fleet 1430 Cohere" Mt" Mlnar 5,00 CeMNRe Faults Spooder, lose CraMe. Cloesbtl, M.obkwo Derrlekt DMIlmo vowel (Lao tau 1.1/2 C.T.) Itu Create Claomile Mwkbwt partake DMIIWt Sksa1 (1.1/2 co TO Met over) $000 Volt Leader 2090 rewedetlea Ortll Operator (Trwk Mounted) 3000 reredatien Stilt Operator Nip" 2620 From Sad Leader (I ce To ad test) .2050 rtwt Ind Leader (Over I Co T,) Sell Mter Oredss Operator, Fir Orade 5600 loner,, S441 M►oai (Plaat.olla pavomots) ism Meliere steel ebal (Otbor lets Moller, Feouaette (SeWtv"44101) 1000 Scrapes (7 c, To ed lose) peso Nrapara (Ores 1 C. Y.) 2,75 .r + r 4320-6 (pap 2 of 2) e 1 , MnOlt "Ste WALV ! ~ .p~+ceK pparaterq tW.:t, (Curler Type) SO 1oi, sea tees p,5o -wtcr (Crrlw Type) Oran dO ■o!, 2.50 1r,ator (!macrame) 2.00 Ne+allsd Floes (Itablllatlaa) 2.00 19 ura weNee, US K 2010 telaforclaS Steel :attar (lavlrW Io15 Srtmtevelve Sari Son" (Struttai me) 2050 1e11lertlvt Steel Moor 11010411' 2100 Ste" ember (strwts 1) Solo Steel U to Mlper (Streves ml) 2o25 :)realer, acre )tam 2.00 s+mrr ion !rest ttlwmnr 21"Id Asup Lttht 1,15 91%7A Asia, 1114M 2000 TWA= Ads er Seeltrailer loco tnmeh 2025 WISMdsr Mute IAA simtrhtam 4050 315 + fmr-1rs ~ 1 M llYer SM.a,. hr.eets rwte, M e w P.."" 4.aw~M ae* Tr D.r«, Oiler L11 types) 1).7S .20 Udlt squipmaat Ouster.; air sagameeor 11)1 P" (1)1 throttle valves; wMm drLUj sleraurs bulldiot tact trs"rsl boi$%, alatla arm$ Vise Lee them 14 "me testa sensmlat PIP ; N1dimt Yeh. t I a dieeel (2 or aeon) { a srumltat piaatel rest "arts (chest, radar 25 foet)a oomersto PLOW (all ) types); bobcat type o;mpostl told tnetor or ille with a+ attaohmeal Ilr • C.! t (etaopl becaft") 4.125 .2D j fpe~ Sgolprat Opofawns f ' Orilllat aachfaos (all tnesh 0000pso- {'1 1 "a hoists, We drum or moray Vlach u treat, V►sm mood comttmneely for 5 days mGoasobtlef looamotlw"j MON, 14 awbie foot or ersrl blade traderso wit t , propelled) eablewaysj drum es - Power ►i'i operated to 100 fostj forit"m type i• l bedboel darrl4s. Power operated (all 111ps)1 V*"12l boll bop'-to; pestst i i i•~ L t f mixers (all typaa)1 pile drirsnl mobil If ocotrata miners, over 14 cu. ft-a bull- l doaere, loaders, treetovaters; eorspers l and punij wslNrsa tnacblat maotlaua j roller, tea tone or oreri air,ecm- pneeer, thrmea air eompnaaor 4 ooa * Pm►1 pump, tine or more; air arc- ' pneeor A air tenor) boilers tw or a ~ aron tlr.d by eer Mal ham Astir t ° ' . lrehaate 4.775 ~ .28 A CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 15th day of April A.D., 19 69 , by and between The City of Denton of the County of Denton and State of Texas, acting through its Mayor , thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and B. W. Construction Company of the City of Dallas , County of Dallas and State of Texas , Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agree- ments hereinafter mentioned, to be made and performed by the Party of the First Part (OWNER), and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: Mayhill Road Water Main and all extra work in connection therewith, under the terse as stated in the General Conditions of the Agreement; and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, ltbor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders 1 1 . 1 / 1 Y (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefor, as prepared by FREESE, NICHOLS AND ENDRESS, herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and the ENGINEER, all of which are made a part hereof and collectively evidence and constitute the entire Contract. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of m)rk as set forth in a written notice to commence work and to substantially complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this Contract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. ATTEST: ' CITY OF DENTON, TEXAS Party of the First P •r t, OWNER By APPROVED L. A. Nelson, Mayor Title 9ACq Q. BART0fJ (SEAL) ATTEST: CITY ATTORtjEt B. W. Construction Company T- Party he Se and rt, CTOR By J i e -pG ;0(" (SEAL) 2 PERFORMANCE BOND STATE OF TEXAS X COUNTY OF DENTON X KNOW ALL MEN BY THESE PRESENTS: That B. W. Construction Company , of the City of Dallas , County of Dallas , &VA Stats of Texas , as PRINCIPAL, and FIRMAN'S FUND INSURANCE C01PANY , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the City of Denton, Texas , as OWNER, in the penal sun of Forty One Thousand Five Hundred Thirty Seven & 04/100Dollars 41,537.04 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: I WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 15th day of April , 19 69 , for the construction of Mayhill Road Water Main which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the cove- nants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void: otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the 3 9-1-66 68 41k.: I y provision of Article 5160 of the Revised Mo 1 Statutes of Texas as amended by acts of the 56th Legislature, Regular Seav-' n, 1959, and all liabilities on this bond shall be det.:rmined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Denton County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alter ation or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 15th day of April 19 69 . B. W. Construction Com ny Fireman's Fund Insurance Company Pr ipa Surety By BY A," I J f~ Title y, W~ r I Title Address P. 0. Box 20880 Addres Dallas, Texas 75220 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: All NOTE: Date of Bond must not be rior to date of Contract. 4 9-1-66 68 wood PAYMENT BOND STATE OF TEXAS COUNTY OF Denton X KNOW ALL MEN BY THESE PRESENTS: That S. W. Construction Company , of the City of Dallas County of Dallas , and State if _ Texas as PRINCIPAL, and Fireman's Fund Insurance Company , as SURETY, authorized under the laws f 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, i.n the penal sum of Forty One Thousand Five Hundred Thirty Seven and 04/100--------------- Dollars 41.537. for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents. WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 15th, day of April , 19 69 , for the construction of Mayhill Road Water Main which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW9 THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimantp supplying labor and material to him or a subcontractor in the prosecution of the work pro%,.ded for in eaid contract, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is e).ecuted Fursuanf. to the pro- visions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon chis bond, venue shall lie in Denton County, State of Texas. 5 9-1-66 68 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alter- ation or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 15th day of April 19 69 I Be W. Construction Company Fireman's Fund Insurance Company Pri Surety By / By 41 Title V, s,;J,P4 Title Address P. 0. Box 20880 Address A, J1 Dallas, Texas 75220 AA AA, (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: / 1 1. 7;Mj 1 1 14 1170 Note: Date of Bond must not be p for to date of Contract. I 6 ^,-1-66 68 GENERAL CONDITIONS OF AGREEMENT 1. DEFINITIONS OF TERMS }.O1 OWNERs CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and the ENGINEER are those mentioned as such in the Agreement. They are treated throughout the'Contract Documents as if each were of the singular number and Masculine gender. The ENGINEER shall be understood to be the ENGINEER of the OWNER oi,his duly authorised representative. 1.02 CONTRACT DOCUMENTS. The Contract Documents shall consist of the Notice to Bidders (Advertisement for Blds), 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 Specificntiotts, Plans, and all modi- firations there6f incorporated in any of the documints before the execution of the,agreem6a. The Contract -Dokmenta'art complementattg, and what It called fdr by any one shall-Mo ati bindlog ik lf,balted fdr`by-all. 'In'the,eveAt of's cotaflibt-in, the Contra@t Docut*htri!the-C0NTRAMR'shall call the_cotlfIItt1to:,the' + ENOltELR'S•Attenttonry-in--Nflting and.he shill'detide tht4codflict-in vritilkso-1 and the ENGINEER'S decision shall be binding. 1, 03 SUAWNTRACTOR:. ,The tetra Subdbtntfactor, As os>pl0yfd heriitl, fnbludes only tfidsd having &'direct contract vith-the CONTRACTOR. i" 1.04 WRITTEN N"IC91,0,Wrltten notlce'.that 1 bedeemed tb have been-duly served If del VditildJiti'-perion'to the Individ0a1, dr to a member, ofithe - form Or to1an! officer of-thi dorpordtI8A'for whoa it Ia~Intended,'or+if•delIvered at - or: sent by registerid mall'to the last business address known to him who gives the noH ce.' ; 1.05 WORK. Unless otherwise stipulated, the'CONTRACTOR shall provide and pay fdr'all materials, supplies, dachineryi equiptAnt,•tools, superintendence, labor,-Insurance, and all water, light, power, fuel, transportations and other fac;llties and services necessary for the 'execution and coMpletion 6f the work :overed4y the, contract documents. Unless otherwise specified, all siaterlald shall-be nev and both workmanshlpland'materialb'`shdll be of a good quality. TW CONTRACTOR shill,' I tegtllred, furnish satisfactory, evidence as:to the kind ahd'qusllty 6f materials.. Materialsfor work describgd~ih words which so applied hdvs's welt know'tetnnical-,or tirade-Meaging shall be;he W to refdri° to such recognized standardeir' ; 1.06 WORKING,DAYo A Working Day" Is defined.gs any day.aoV,including Satureeysi7Sundays"or any+ldgbl~, hotidays,oIntt/hich`•1069 ther willipormit.epn- strebl`icit 6f~ith*1p1rinclpAl( units 611 thework. for':a!petiod:of ndt less,thaa seven (7i hours between 7:00 a.m. and 6:00 p.m. 7 9-1-66 68 IM CALENDAR.DAY. A "Calendar Day" is any day of the week or month, no days being excepted. 1.08 WORK WEEK. The "Work week" shall consist of a period o seven (7) ' successive calendar days to begin and and as specified by the CONTRACTOR. 1.09 SUBSTANTIALLY COWLETED. By the term "Substantially Completed" is meant that the 4 tructure or facility has been made suitable for use and all construc- tion completed except for minor repairs or miscellaneous world which while in progress will not interfere with the OWNER'S use and occupancy of the structure or facility. 2. CONTROL OF WORK 2.01 LINES AND GRADES. Unless otherwise specified, all lines and grades shall be furnished by.the ENGINEER. Whenever necessary, construction wgrk,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 9MNER.qr the lNG;NE,#•ample,notlgq of the timerand!place where lines and grades will.be needed..!AS1 stotp;q t!r4s,!;, etc., shall be;carefully1preservedrby the CONTRACTOR; and+iq,-oase.,of S'rglpss destruction' or removal,by him!or,h1w employees,, such stokes, mArks, etc-;-shall be replaced at the CONTRACTORtS expense.! 2.02 ENGINEER? S.AVMORITY AIM DUTY.. :The ENGINEER shall have the,rigbt of supervision of the work, to'tha'llmlted extent hereinafter montiongp,, to-0,,thy ' purpose of seeing that the improvements are constructed in conformity with the contract.z It, is understoodiand agreed,:howsver► that thoACNGINEE$'S1 supervi- sion is for the sole, purpose of seeing that, the., Improvements aye ;go~yt~uq~~q ,r In accordance with,,ths contract,!to.;thetend that the,QMNER up9n,9popletion will have,improvements conforming to the plans, speciticatiogs and,gtbet contract documents. The ENGINEER Is the ENGINEER of the OWNER, as aforesaid, and all supervision and other duties of the ENGINEER under this contract are for the note benefit of the OWNER, the parties, hereby expressly negating any intent thbt these provisions shall inure to the benefit of anyone not a party to this agreement. The CONTRACTOR is and thall.remain an independent contractor, solely responsible for, the manner and method of accomplishing his work herqunder, and the safety of himself, his employees and other persons by reason of his operations hereunder., The ENGINEER'S authority in.this regard shall be limited to a right! of veto with respect to methods which, in the ENGINETR'S;opinion would prevent the completed; improvements conforming to the contract. The,90GINEEP. shall hive the`authotity Co stop t1ie Work whenever, such stoppage may.ba nec6ssery to insure the proper execution of the contraet+ ;4 r,1 i. In order to,ptevent delays and dlsputesiand to discourage litigation, it is further- agreed!thstrthe ENGINEER shall :ln.all! cssss;doterpine,the a>,osmt;,y,-; and quantitfes>of the Several kinds,of,vork which are torbe paid,folr;undec this ; 8 9-1-66 contract. He shall determine all questions in reittion to said work and the construction thereof, and shall in all cases decide every question which may. arise relative to the execution of this contract on the part of sa.d CCirTRACTOR. The ENGINEER'S estimates and findings shall be the coiWitions precedent to the right of the parties hereto to arbitration 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, In .iot in accordance with the waning and intent of this contract, either party ►i y file with said ENGINEER within fiftaen (15) days his written objection to the,declsion or direction so rendered, and by such action pay reserve the r'Jght to 'submit the question so raised to arbitration as herein provided. It is the ntetttof 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 there- after adjusted by arbitration as hereinafter provided. The ENGINEER shall, within a,roosonable time, render',ahd delivsr'Co'both the OWNER and, the CONTRACTOR a written 40cIa on on all cIa;igs of the parties hereto and. on all questions which, may arise relatriv+ to the ekecutloh of the work or, the i0erp;etptlon of they contract, p~~ i icatfofis tndl Tans. 'Should the ENGINER,$, fall to,sipke syol}, decilslon, wlt6ij A reasonable `ti, dit 600al to arbitrolon may be; taken as ie hls Oicisiop as been ien ea'lndt the pasty, Pppe411ag. i . ' Whenovpr the words "directed!', 011 "p`ermitted'4, "deiigkat;ed", "considered rtpc,essary':", ''p;crlb3n,$ or vorc~s' of 1i1ce,' impo rt' p're used, it stysll be understood >as4t' the ldirect{on, reqd1remenE, pi'ril i,o¢, „order," dealgnp,tion,o,r rerrlption, of the .k INEiR' (s in~etideb; and Iitlsrly, `the words ;'¢ppr9yaI , pcceptabl~e.'!R „"set;ls 1616orYs', 'Bf dbrds'of`liki import shall " meanrapproYei [by or acco tab,l,o or satlbfactofy td ,t11'e CN(1fNLttt; 2.03 SMP&J_NTENDENCE AND 19SFEC'fI01. It Ss agreed by the' CONTRACTOR that the ENGINEER shall be and Is her by authorised to appoint from time to time such subordinate engtneers, supervisors or inspectors as the said ENGINEER may deem proper to Inspect the material' furnished and the work done under this agreyipgnt, and to see that the said material Is furnished and said work is done In'pocordence with the'specificationltherefor" The CONTRACTOR shall furrish all r94p9nable'aid and a$slstance requtred by the 'subordinate eng.neo so supervisor$ or inspector! 'for the proper li,.pectioh'and examine-' tios. of the work. The finings and decisions of any such subordinate engineers, sup;g1j9Fp,or'laspecto s so appoihted, when consistent with the obligations of af r~o~et~ 'M4 f #1'60, Ahifnj'plAhi bnd`iepii iflcstlond',"shall hgve 'the s (me, Qrfe "and efieb' ds to l s And`declslons' of lth4' ENGINEER hereunder; provi~*do hMAV f,.'gribuld the'roNTRAC'tOR'object ed'dny-rulii+g or decision by such s bprd~p*6 iAgiheo`r', 'supsrillot' 8r' lsfspeeter;' the CONTRACTOR spay within ~ i Maki, itte~t"appel1'to'the"ENGINEER fof his decislot► 1 1Iu' X1.1. - . 9 9-1-66 68 2.04 CONTRACTOR'S 11UTY AND SUPERINTENDENCE. The COirTRACT06 shall give per- sonol attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competwlt superintendent and any necessary assistant, all satisfactory to the ENGINEER. The touper- intehdeni shall represent the CONTRACTOR in his abartic% too all directions given to him shall be as binding as if given to the CONTRACI"OR. The CONTRACTOR is and shall at all times remain an Independent contractor, solely responsible for the manner and method of completing his work under thls'contract, so long as such methods do not adversely affect the completed improvepents`, and solely responsible for the safety of himself.,, his employees and othe'r'persons, as well as the safety of the improvemenrr being erected and the property of himself or any other ptrson, as a result of his operations hereunder. The CONTRACTOR is and at all tines 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 map►n r of perforIming `such vol"k, so long as' such methods do not adversely affect the completed improvements, the`OUNER and ENCYAdt being thterestad only ,in,the result obtained and conforstity of such completed"isiprovamdnto to t 1 ns s ifics, ions and contract. MkeVisb, the OOMRACIOR lehall be sp l~1aF.9sps, 31~ o r thp' sa et " of tl108,61fq, ti~i'i 'earpi6y",a `arid 6tt4,r persons, as well as t[le safety "of Eho i*idVdhents beitfg ''erected and th"e property of himself or any other person, as a result of his operatfon's'here- " under. Engineeripg construction drgKin.$s and specifications, as well as , be perfoiiaed~passing ftsois any additional triform~ ion conceming 'Chi work, to ' or throw is tho t)Iii'(E,'A ok ENGIREER~ shall 'not be' 'Interpreted ai requiting 6V allQVin$ COliT~11►C O> Vo dey,#pt'9 from tile.' plans'' nds'peclOicatiorksro the iniint th9t +tict ori§ Sittig fo of ;45t} ~;a~F!~n9s,~. ~sPe9•i f f~ it jons and any othe )BUO define with partiq,wlfrtty the agtoement 'of tile p~ r 14i' 491d the ~il6ek', the CONTRACTOR Is to perform. CONTRACTOR shall be fu I' and'costpletely liable, at his qwn e4pen*e, for deslgn,'construction, installation and use, or non-use, of all Items and methods incident to performance of 4he contract, and for all loss, damage or injury Incident thereto, either to person or property, including,, without llqitaclon, the adequacy of all temporary suppor=6, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by hlm'durln;; construction. Any rovlew of work„in process, or any visit or obslrva~ioq during construction, or any clarification of plans and specification$,'by tho OWNER or ENGINEEtt, or any agent, employee.or representative of either of t?~es,, yh4thez thFough paryoil{al ,observat;on on the; pr.p~ect sloe or by, meano.olt app FQvll vF,PllvPcoz*wl s tpr tepap4xA y.coristj~ ~t or conejb1d processesI,,or by,,qiny,othlr:poppA1!?F i4Rt}4a, ~s'Tel~ ~y o t~ be for, the purpose. of,pabssICving the extP►t Pad ~tu3s ork.CA pitted or being perforvsd~ as M*4$Uf44 agalRSt,ths, 0rfWlp#P aQ¢. ;f na ; > Q PuFP?fe.,° s°lpp ii 940 ~O constitlutit►S,the.Oontrocti3Ar,:f4r '1 more fully understand the plans and specifications so ttaE t e coop a ed construction work will conform ther-o, and shall in no way relieve the CONTRACTOR from full and complete responsibility for the proper performance of his work on the project, including but without limitation the propriety 10 9-1-66 68 of means and methods of the CONTRACTOR In performing sold contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Deviation by the CONTRACTOR from plans or'apeclfications that may have been in evidence during any such visitation or observation by the OWNER or ENGINEER, or any representative of either of them, whether called to the CONTRACTOR'S attention or not, shall In no way reliev'J CONTRACTM from his,feaponsibility to complete all Work In accordance 'with mold plans and specifications. 2.05 CONTRACTOR'S UNDERSTANDING, It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the work, the conformation' of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and ail tither matters which can in any way affect the work under this contract. No verbal agreement or converse t,ion vith'any officer agent or employee of the ENGINEER or the OiiN&, either before' o after the execution of thl ' contract', shall affect or modify any, of the terms or 'obli "''t' i s heroin cd'n 9iti tained: 8 2.06 CHA J~v i&-16 lq I :CO4fRACTOR agrees to '600 y onlii order and compgt - ,l`"fi`'.ptrlorma'nce" o'f i:he ty .of vof re'~(`u(red under th6a conrcecjar t W the t wor` i aiic~' agr"s''tWlf'`I;heno4dr t• 66*6 shall inform him In writing that any man or awn on th'e hi's opinion, incgmpgtq unfaithful or c"sorderly~, such man or awn shad be dischare4 rem t e.,work an ehail not ag~fq {be io~ed othe gdrK ilth0ut' the~J(Na is Wr.itGe consent. ! ~'7 i i. 2.07 , ' ' fdA'' 0it G5,' , Ttie buil'din8 9 "at, ud'tur"e !'or `Muste~g , proted[loq, w~ll'permitted or the j F1eq;,Ign,; e~►te j9r other nform i s ; o,f [0-1, iny' th'd ' iAitd~yl' bonditions only atf #ych placab is the kNdifQEER may, df * red of the grouggs i,q or about sugh structures shall at'eli kfeas'bd 0aintained In a manner satisfactory io the k'NCINEER. 2.08 SANITATION. Necessary sanitary conveniences fob' the use of laborers on the york,,properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner And at such points as "shall be approved 4y, the, ENGINEER, and .their use shall be strlctly enforced. 2.09 SHOt ff04SA. The 'CONTRACTOR shall submift' to the ENGINEER', with such prgVtness,ft ~o caues,~o delay, i 'hla, work or n hat'of any other Contractor, four cop: ea, unlgs othe 1,s,a s~ c,of a ~'ahoF and/or setting drawings and schadules'iequired rd thi woiy ok he`~vjffoJs" tradeap., j,i~d, tho WltAER the l. pass po~ th9p,, with rs4pgn4 ?le promptness! makinE,,44firod o, rre dogs. 1'~e GQj,R I)k shad oaks a~ correctlons L i1V t l L yl requ y„the, ~ i 4 alto hlo ttwo Qg~ect1d'c~optear,ind` fu hf, h Ii- such othe,{,~5op#oa as o}~y'edq~, , . G~EF!S ,PPo4,q~ o iutj ~drhtin$i„ i or ache it a~halt,npk rp eve,thg4 COI C OIi„f;;groiresponelbil,ity,i?or d"Ja- tions f on srawings or speoi~icatlons, unless he has n wrj ing ~Iod tht ENGINEER'S attention to such deviations at the time•o 'iubm'seiX`nor 46141 i"' 11 i 9-1-66 68 It relieve him from responsibility for errors of any sort in shop drawings or schedules. Such review by the ENGINEER shall be for the sole purpose of determining the sufficiency of said drawings or schedules to result in finished improvements in conformity with the plans and specifications, and shalt not relieve the CONTRACTOR of his duty as an Independent contractor as previously set forth, it being expressly understood slid agreed that neither the ENGINEER nor the OWNER assumes any duty to 'pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during CONTRACTOR'S performance hereunder. 2.10 PRELIMIM APPROVAL. ,The ENGINEER shall not have ``ih'e1,power to valve the obligations of this contract for the furnlshing by the CONTRACTOR of good material, and of his performing good work as herein described, atl In full accordance with the Plana and specifications. No failure or omission of the ENGINEER to condemn any defective work or material shalt release the CONTRACTOR from the obligations t•? at once tear out, remove and properly rior'',to 'f inal'aeceptopce', upon the "discovery replaco thQ,lame At_any,time prior'' of said defective York gr M""'' lirQvided, "however, 6ak' the F!i`CItfM shall, upon request of the C~Oti~tl►OR, inspect and accapt, quatify; or reject any XovjriAt* fu }oh accepto b ed,cand in oyant shallthe'be'material has 4oon y bin1 0 6nthsu ~cce~tance . ' doest ai'iE unless t~ '04A,60 Clear Fly, sh.0~ that such ~pater'~' ~ fu~~~ . the specifications for this Fork'. e; r r ~ f i Any q~ss~i,one yprk ~~„b~ pr# fed"taken `up or remove !of''ra Oxldlnation, by the 6419E&I, 'prior to (no acceptance, and 11'fo dd riot in iccbrdaACe with the specifications for said work, all expense 0f 'i6isdvini,' Izai-exaslnation and repllpent s ell be borne b 4 ! , . , the Cg;IVf 6 a Y~ oph4$~id i!o!'by the thq' incurred '44, b• al}oweq as provide 4,1, inapactio' 'or' `a'"ro al is spf'ct~ftce'1~'4'djul end y' V the specil~cq~ o prior t4, per~tors~an~d ot` ca'rtatil work, 's~oui'd the C01 tACTOR proceedw th such work without requesting prior ,ins'pr'dtf6''n''or i'ppro"I', he shall bear all expense of taking up, removing, and raplacinj this w6rk'if so directed,by the ENGINEER. 2.11 I?&t=2 AN 4HEI4 REMEDIES. It is further agreed that it the work or any part hereof, or 'gny,mgte'r el brought on the site of'the work for use " in the work or selected for the same, shill lie deemed b~'th6 ENGINEER is unsuitable or not in conformity with the specifications, t~~!e CONTRACTOR shall, after receJpt of yrittdn notice thereof from the tMGINEER,'tortii- with remove si{ch feria aid rebuild of othbrwise remedy"suoh work so that' 1.! f. 1! ! i•, rt. . fir II", 'r,'+ff~f'1 l! +U ! 1 1 i:fn it wilt bt Iii fuiaccordance a1E11 'this c6ntra'Ct, r + 2.12 CHANGI!§ 'ND 'ALVEKAT16W. ti.'i ebi# A~"Ii reek' i tr,'t 'tlfe °o~tm l f l , may make ~9al~raa's'th bait may s' i,~', f'n tf{ 1Vie, r, I, 1 1, 1, n '01 ` 1 1 1 1 . 1 1 '01 T g af fota work'tiefAlh cent'ftolaeed, r h r, I, in{ie e' ' to i' rad1 fSfJr } 'n io s g r, ba l'f~nq ~ of tfte d- or an~ rf 't~ Mirmeeo the; 1 of ~i 'ot. 41 'e,' hg pa 0 tion, it oYti'floctiq tliii~vdlid Ly o'!!' Mk coi~tisrf+:11'tif~i`acCOm s f F perform e'Ll fa?n0n 'boh I 1A91 s. hf~ [I ~ r tl: O l,,f 1 { Il 1 , (1,').IJ, 1i: !12 9-1-66 68 If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that emy be dispensed with, except as provided for unit price items under.Se nion 59 "Measurement and Payment". It the amount of work is increased, ar&Z the work can fairly be classif led under the specifi- cations, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this contract, except as provided for unit price items under Section 5, "Measure- went and Payment"; otherwise, such additional work shall be paid for as provided under Extra Rork. In came the OWNER shall make sueh changes or alterations as make useless any work already done or material already fur- ' niched or used in said work, then the OWNER shall recompense the CONTRACTOR for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred In preparation for the work as priginally planned. 2.13 RIGHT OF ENGINEER TO MODIFY METHODS AND EQUIPMENT. If at any time the methodelor equipment used by.?.-he CONTRACTOR are found to be inadequate to secure the quality of work or the rate of progress r*quirod under this Con- tract, or the working force of the CONTRACTOR is Ins;i9quate for securing the progress. heroin, spool fied,:the ENGINE¢l.mmy.ord9r;Shs.COl'R QR.In writing to Increase ttheir, safety or impro" thplr.0m r*9tgF,s;1d„off}p ency, or to increase his force or equipment or both, and tho,CONTRACTOR.shall comply with such order. Such authority of the ENGINEER, however, is for the sole benefit of the,OWNER and the,,safetS of the improvements, in order to secure their, eroctiop In conformlt:► with this,oonkrast; it shall,impalh the sole duty and responsibility of the CONTRACTOR;to tsks,sdgq" t9;pfecautions in his operations for the safety of, Persons ar+A, proper tyr.. PO faI1p re r~f, the ENGINEER to: complain; of,ttle,methodl:and oquipmt of,th9 CPMVACTOR shall excuse, or. relieve the CONTRACTOR of }i.4bi.}ity, for; 0#a og9. to. the ,property pr; improvements of,the OWNER by remeon of hi_s neglect or olssion 3. GENERAL OBLIGATIONS AND A ESPONSIDII.ITIES 3.01 KEEPING OF PL6a6ID SPEUI A'TIONS ACCBSSIALS. The ENGINEER shall furnish the CONTRACTOR with an adequate and reasonable number of copies of all plans and specifications without expense to him, and the CONTRACTOR shall keep one copy of the same constantly, accessible on the work, With the latest revisions noted thereon. 3.02 OWNERSHIP OF DRAWINGS,. All drawings, specifications and copies thoreof furnished by the ENGINEER shall not be reused on other work, and, with the excepti6n bf the signed contract mats, are to be returned to him on requost, at the cokpletion of the work., All models are the property of the00ER.. r , 3.03 AV8QMM OT DESIGN. It to understood that the OWNER bol loves he has , employed aft"tent engineers and.designers. It is, tMeefo;ei agrvod that. thsf(OUNIRAItiblir be responsibla for: the adequacy of the dgslgns sufflglonoy 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 68 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 shorn that he has complied with the said re- rp,quirements of the Contract Documents, approved modifications thereof and all approved additions and alterations thereto. 3.04 RIGHT OF ENTRY. The OWNER reserves the right to enter the property or location on which the works herein contracted for are to be constructed or installed, by such agent or age:ite as he may elect. 3.05 COLLATERAL CONTRACTS. The OWNER agrees to provide by separate contract or otherwise, all labor and material essential to the completion of the work specifically excluded from this contract, in such manner as not to delay the progress of the work, or damage said CONTRACTOR, except where such delays are specifically mentioned elsewhere in the Contract Documents. 3.06 DISCREPANOTES AND ONISION3. It is further agreed that it is the intent of th a"cbntrac that: all' stork must be'done and all'asterlal oust b► furnished in accordance ►ith the generally` accepted practice; as determined by the ENGINEER, and th th-b'dvent`bf•any discrepancies between the•seporate contract; document,r;~ epeD1ffid itiohs' er' d.•)►wingsj then ENGINEER shall= define which is, intended toy a*1y to''th "*6rkA 3.07 EQUIPMENT, MATERIALS AND CONSTRUCTION'PLANT. ;The CONTRACTOR shall, provide , all toolk aquipiaent','babhinary','asterIaIa'!and construction plont and facllities necesasVy' •iii' thb"orbsebutIon, Ahd 'completion Of the contract, excepts ss other. wise dpecificblly set forth'to bb! provided by,the OWNER. The CONTRACTOR. shall be respo tbie`fi'r 'th'd'Lire','preservation,'oonsetvationi`and proteotionlof all maedtiaJ4 ,04piletl' machiriary, equipment', tools,, i0orstua, occsbsorias~ facilities, all means of construbtion,'and!shy ond,all!parts of•the:worki > ~r°t whether the CONTRACTOR has been paid, partially paid, or not paid for such wjrk, until the entire work is 'come~leted and Accepted. " 11 3.08 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUILIC. The CONTRACTOR shall take out'and'prcaure'a'pollcy or policies of workmen's compensation insurance with an Insurance company llcensed,to transact business in the State of Texas, which policy shall comply with the Workman0s Compensation Lev of the State of Texas. The CONTRACTOR shall at all times exercise reason- able precautions for the safety of employees and others on or near the work and shall comply,vith all applicable provisions of Federal, State and Muni- cipal safety'lavs'and building and construction codes.' All machinery and equlpm ht'iand other ohybicatrhazards shalt be guarded in accordance with the "manual of Accident Prevention in Construction" bf the Associated Generpt Contractors of America, except where incompatible with Federal, State, or Muniguards,, cipallaws or regulations., The CONTRACTOR shall pro,)lde such machiflory 's4fe4olkways, -I40ders, bridgesf gangplankso and other safety, dev~~-ss.r as may be trequired as requisite to the prevention of~ Aboidents. The COMLWTOR, !j • 14• 4-1-66 68 and his Sureties shall indemnify and save harmless the OWNER and all his officers, agents and employees, and the ENGINEER, and his agents and employees from and against all suits, actions, claims, demands or judgments, of any character, name and description, brought or asserted against 'shy of them for or on account of any injuries or damages to persons or property, or damages of any other kind, allegedly received or sustained on account of any negligent act of `fault of CONTRACTOR, his agents, employees or representatives, or sub- contractors, their agents or employees, in the execution of said contract or any operations thereunder, or on account of the failure of any'person,'firm or corporation to'provide necessary barricades, warning lights or signs, or to take aother safety precautions. This agreement of indemnity'shall ex- tend to a'%, Include any suit, action or claim, of'any'choracter snd'description, allegedly irising out of the concurrent' negligence of the CONTRACTOR and/or any sub-contractor, their agents, representatives or employees, and the OIiM or its officers, agents and employees, and/or the ENGINEER, his agents and employeesl and the CONTRACTOR and his Sureties will be required to pay any judgment,, with costs, which may be obtained against any party hereby in- demnified, growing out'of such alleged injury or damage. 'The safety pprb- csutioh"a Actualiy taken and their adequacy atiitl be the sole tbspoeisibillty of the'CONTRA~1'O'R,' th his'eolo diactetion at an indepandMt' 6Mractorj the inclusj66 6f'thi$ paragraph in' the agreeiaent as wall as any notice' which may iWen Dj~'the' ORt.I:Ft' ENCiNEE1l; or chair lepresentatives Cofecetning emissions be and HMO pAre rash` sa`th'e work pirogrodi6i',''Arel intended only' ds rejainderi' to the CONIkAC'#68"of hib'duty`in'Aeid~roilrn; and'`hail nbr'be"`eohaftued as any sssiiipil&Cai duty'"to sugervIAe safety precautions by either the OWER or ENGINEER, , 3.09 PER Z'ANb PAYlIEK BONGS." It is further agreed'by the pattieb to this Co ri hit he NTRA will' eltedUta 'lepArAte pit'forvWnee' and payment bonds, `each ih' thi sUM of one hWndred' (1069) 'per' Cent of ttiV,1dtA1 cbnttset price, oil"sfinds ii 'forte'for, 'thik purpose;' gtlatahteoft fi1thfU1J petforlsance of the work'bdd'`the"fiilrtilimont'of a'i'iy`gdAra`rlfees"i'egilited;"efid'futther'~ guaranteeing payment to all persons suppiying'labor and mse4iieli or'furnish. ing him any equipment In the execution of the Contract, and it is agreed that this Con'ttact shall not be in effect until such performance and payment bonds are furnished and approved by the OWNER. Unless othertr,se' approved In writing by the OWNER,. the surety' company under- writing'the bonds shall be acceptable according to the latest list of com- panies hoiding certificates of authority 'from the Secretary of the Treasury of the Vntted States. As herein provided'for GUARANTEE, the performance bond shall remain "in effect for a period of one year after: the dit'e''of the Cettifi care of FAcceptahce by the OWNER. Tfie' cost' of the' Okemiuo fo'r' the performance and paytileht' bboo'tids: shall tie' included' ih' the COWkAMR'S prbkibkAl.` ; 3.10 LOSSLS' PROH [tATU t' CAUSES,' All losk o'r damage to''thi COlPi'RACTOR ' erlsin ohs " t , t e 'b he'work to be' tione',`''!i!•' froea t?fe' aci ioA"of the'' ` elemen ';"o (64 ad `unkoroitMn"tlrciiistindo''s at the ' rord uziusuA obsiiructiohsV oi~' dl'f~lt#al'tlbSd"irttlc'N may' bo`"e4~couh'tered same, of in the prosecution of the work, shall be sustained and borne by the CONTROTOR' at his own cost and expense. i 15 9-1-66 68 3.11 PROTECTION OF ADJOINING PROPERTY. The said CONTRACTOR shall take proper means to protect the adjacent or adjoining property or properties In any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under thlu Agreemfnt, from - any damage or injury by reason of said process of construction; and he shall be'liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. The CONTRACTOR agrees to indemnify, save and hold harmless the OWNER and the ENGINEER against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or, growing out of the performance of the contract; but any such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work. 3.12 PROTECTION AGAINST CLAIMS OF SUB- RA OR 1ABORSRS, MAT I LMEN, AND FURNISHERS OF MACHIMY, MUIPMENT AND SUPPLIES, The CONTRACT agrees that he will indemnify and save the OWNER harmless from all claims growing out of the lawful demands of sub-contractors, laborers, vorkran, mechanics, materialmen, and furnif#ers of machinery anp,parts 4hsreof, equlp"nt~lpower tools, and all supp4los,,including commissary, incurred, In the furt6er~npe of sill performance of this contract... When so desiripd.:bY khe 0f~1ER,.ffie:CON- TRACTOR, shall.furnish,,#atis,f4g,tory, ovid4~4. ~h#,F !},l,obl Igstitons, p~ t e Haiti{~ herelriapova,dealgnat*dJ%aw,beaq,psid,,d!{ghgirEyd,or N,elveA, ~f. the, 0 - TRACTOR fella so to do, then the 00b stay at the Qpioq of (hi C0h1It~11'O~i either pay directly any unpaid bills of which the OWNER hart written n9tic11, or withhold from the CONTRACTOR'S unpaid compensation a sum of money deemed - reasonably sufficient to,ilquld*to,eny,anO,all such lawfp,1,clalsy,untl,} saklotactory,evidence iii fyrpla.hfd t t;all;l~sDI;IC#sa lMys,~ ifu} 41e' charged;,Vhsreupoll. W►ymonta to. the COKJAggR; bs,; rpg4"d }n, f4!}1,r ,rte , accordfnce. wt~h, tho, r pM# of this . o,4atr!_C.tr; bur lI1 oo,IsYeJ4t; lball,.:t e, Pro' visions of; lrhlR sop ~snae. pe CoOst;.Mgd, t,P mpoae any .pb}I$sfaQn, a 1,,thp. , OWNER, by either the CONTRACTOR or his Surety. 3.13PROTECTION AGAINST ROYALTIES OR PATENTED I ~1YENT10N. The CONT'RAC'TOR shall pay all royalties and license fees, and shall provide for the use of any design, device, material, or process covered by letters patent or copy- right, by sultable legal agreement with the patentee or OWNER. The CON- TRACTOR shall defend all suits or claims for infringement of any patent or copyright rights and shall indemnify and save the, OWNER harmless from any loss on account thereof, except that the OWNER shall defend all such suits and olalms and shall be responsible for all such lose, when a particular design, dsyice, mater•lal, or.proceas, or the,product of s particulat,mpnu facterer or manufacturOra is, specified or, regy}rep by, the W.W; ProMad, , however, if choice of alternate design, device, material, or process is allowed to the CQKRACTpR, then CONTRACTOR a},,all indsmmify,, and save OWNER, , harmless, free}, any, loss on spcopnt,,thsroof .r ,lf th$.:iatertAl, o= process. specified or ;Oqulr4d, py, t Pe PK is an lnfr tt}~i CONTRACTORt hell be resPQ pAoXp: for, ough loss unlesar,hy Pr,,. PFIY $ sp; apq, IAfprsiatIon to. the,QWi ERI 16 i 9-1-66 68 MENNEN 3.14 LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe and cogiply with all Federal, State and local laws, ordinances and regulations, which in any manner affect the contract or the work, and shall indemnify and save harmless the OWNER against any claim arising from the violation of any such laps, ordinances, and regulations, whether by the CONTRACTOR or his em. ployees, except where such, violations are called for by the proViBi'dfns of the Contract Documents. If the CONTRACTOR obrerves that the plans and speCi- tications are at variance therewith, he shell promptly notify the ENGINEER in writing, and any necessary changes shall be adjusted as provided in the contract for change; in the work. If the CONTRACTOR performs any work knowing it;to be contrary to such lays, ordinances, rules mind rsfulbtlons, and without such notice to the ENGINVEEq he shall bear all'costo arisinE.Eherefrom.- In case the OWNER is a body politic and corporate, the law from which it`do ivies its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the OWNER may enter into contract, shall be controlling, and shall be considered as part of this contract, to the same affect as though embodied hereiin. 3 15 ASSICNMFNf ANA SUBLUTIKe The, COITfMtTO~ further e$r`ees that he pill, retain per}~onal; gontrpl epd, x11, give his perso{}f!1 attent~on 'to ,the ful'~iht ment of this contract and that he will not aesigh bi► dower o! Attostiey,, or otherwise, or sublet said contract without the written consent of the OWlft, p.p. s' , Qbjecti'or~- ol~GT part ERgortf~, of the Work to and abl. t..o that ),l: tha t F]t.. CIS, C01;` CrT,p tbturthe ae.-n.lygne p reed, the y. ott ng of, any,,port~on,or feature of the works, or materi ra uire in the pergorampop, o ,,th,ka, contract, shp~l not,;re;,ieve the C,ON itA,o ' from his full gbllgotions to the OWNER, 4a provided by this AKr,4me 3.16 ,CMRACTOR'_S ANA S1 B;CONTRACxMIJ, INSURANCt ;b o o't#L(,tTOR shall not commence work under this contract until he has obtained slh titie insurfAce required under the following sub-paragraphs and such insurance has been app7rovod by the, 01fM9 nor shall ,tha,CONiRACfQjI a.1J9f+..4p Y ;fu,4,;contrac,to tq oo~nce Mork qn a sub-con? tact until such, eu .coq~raC,tpr has obtained aompl9te lnsursAce,coveragw as required for the . WV'}b1CT 3.161 I01 U C The,CONTRAC'tOR shall procure and shall main- tain during the life o this contract llorkme'n'e'Compensation Insurance for all of his employees to be engaged in work on the project under this contract and, in case of any,such work,sublet, the COYCRACTOR shad roquira :he sub- contractor similarly to provide Workmen's Compensation Insurance fcr all of the letter's ,employees to be engaged in .aggh work, un}esa.such eapl,yeea are ggvp;ed by ti1g,protaction a,ffo,rded by the Contractor~q Workmen's Compensa- tion Insurance. In case any class of employees engaged in hazardous work on the project under this cons;ggt,Iq dot„prgteGtod fed r tbp Workmen's Compensa- tion Statute, the CONTRACTOR shall provide, and shah cause each sub-contractor e e 4 e •k 1~A, p., J ton i ~hi8~4qpAoeY1~otrgtheFrri` lprq~ai ~ ~,n;4c a for tine rotec of iu h 9t 3 lbw CSI1fiRACf0R1S PU8>+IC~LIA$ILITX~ANp PRQER~Y IIAMAG~I~ISSJRANCi~. t'he; } CONTRACTOR shall procure and shall maintain during the-Life o thin contract 17 q-1-66 68 Ogntractor's Comprehensive General Liability Insurance in on amount not less than $100,000.00 for in♦urles, 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 %mount of not less than $50,000400 on sccount of one accident and $00,000.00 aggregate. The CONTRACTOR shall also furnish Owner's Protective Liability Insurance, which by express provision or endorsement shall also inure to the'berefit and protection of the'ENCINEER, as separate policies or as 'a part of aioke'of the above mentioned policies or by endorsement thereto, in the amount att' forth for public liability and property damage. 3.16 UT I,§URANCE - BODILY INJURY AND PROPERTY DAMAGE. The CO KAC'TO shall procure and maintain, during the life of the Contract, Automobile Insurance in an amount not leas than $1009,300400'fot ihjuriey, including accidental death, to any one person and subject to the same limit for each person, an amount hot less thin' $300,0 0',00 oh' aocount bt oiie accidents and'autoi►obile pFoperty `dawage' I' suraNb i1rt in iisoUni liot' less than 509 4.00o0 ao. 3A4 SCOPE OF INSURANC 'AND SPECIAL WARD'0 The, Insuranca ro4uiLbd `uhdoW the, a 6- pare' iptii s 11 'p o ice rW0dtJ1 ir6tect1bn for' th'e'''CORMACTOW and his sub-contrictora, 'respectivel'y, again.t damage cialm}s 'Ohich ashy' b lse from'operations under thii contrract v~iith'er 10ch' oper'ation's be' by th4 in.,,' I sured or by anyone directly or indirectly employed by him*! ' InbUydnce oleo ' shall be provided agninst special hazards, if any, as may be set forth in A oviaions, or 'elsewhere in these Goa- the ecial Condit~.c 1 or Special Pr $ tract hocum4nta Ford~ tt'acti i wal4id;, taork to' b1 'pirtorm d Vfthin the cerporsti `1'imitA '6U, anyt u''A 'eip'alfty,'a'nd for cot►ttacti`'in~~ol+►ina''pipe UAW doAetriktiow(Watari~; sewer, or other), `tnA CONYftAbl& s'h%1l futtti'a?~`lhfl~taztic!' mss •eprllare polib[es or by additional endorsement to one oP the above mentioned policies, and in `t 'e 'amounii' as meet forth' fot 'publ io' l labi'l ity, and gtoperey'damag'A', thi ' follo`wiri ` inauttaece: , , lilaating, prior td'any blaeti4 being done a~ . (b) "C411apse oT buildings or structures adjacent to excanatioii (it`excav tlons are to be performed adjac'etit to'amse)~ " Iq 1i e.. 11J, 11. 1 } IA I Bamag4'to undotgroUnd utilitiai. ~:166' PROOF 6Y'CW1Adt OF INSOXANCE ' The CONTRACTOR'shill:furnish'thd', OWNER with satisfactory proof 'd o"rege''by"inadrance 141481 fedAn'tharae' ' Contract DpCU Ant;,ily fRgunts,old by carriers satisfactory to the OWNER. >;roo of c r ags'pf insurance by Rub-6o ntrabror-a obathlatrr., be fuihished, _F. It Ifbl: ',Jf. } l8 9-1-66 l 68 s,b h 3.11 GENERAL INDEMIFICATION: The CONTRACTOR agrees, without in any way limiting other provisions of this contract, to protect, indemnify and hold the OWNER and ENGINEER free and hfrmlecs: from and against any Gild all claims,, liens, demands, liabilities, penalties and causes of action, in- cluding but not limited to, the amounts of judgments, penalties, interests, court coats, costs of litigation and reasonable legal fees iueurred,by t`:o OWNER or ENGINEER in defense of same, occurring or arising out oi, or resulting from the work performed and to be performed by CONTRACTOR hire- under, including specifically but without limitation, design and insta:- lation of temporary supports, shoring, bracing, scaffolding and similar items, whether or not occasioned by the negligence, careleseness,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 ariatdg; out of any deviation from.plans or specifcations even though such dgviation occurs with or without the knowledge of the OWNER or ENGINEER, and whether or not such deviations have been called to CONTRACTOR'S attention, except insofar as responsibility, if any, may be expressly assumed;by.the OWNER .or ENGMER ;under; the provisions, of!thip,contract. It is~epecificaily:agrsad bKveen~tbe DArSipve;peYtipg Sbi ,Cpgt;+;Ct )A It is not intended,by :any:of :the psovisions.of any;pfxt.,Af t4g,cQA5F4tt lQ; create the public or any member thereof a third party beneficiary hereunder, or~,to~authorite. any one .not, a party to this 4Ant1;4Gt. to;*#lpt0p,4, p4~ for personal ;Injuries ,or,property, damage pursuant to ,th4,'te11m $?IF pro 'Sipgs of this contract, The duties, obligationsipn¢yraspQasib,il$ 44 oi,t44, ,,,,,,4 parties to this,cgmtract with.resprAt,to th&r¢,p4;try; Imposed by law. 3.18,, GUARMTSM, t The CONTRACTOR shall guarantee, tkje,,vork,a$phn#t,.fpiApre, .lot malfunction due to defective materials or vork;aan.4bir1fpr,n W494 4f one year.from!the data of the Written Certificate(of M;opt,4Me1of tha,QVVP- Where.the;CONTRACTOR;is:required toiprocyrt,aod,ifuxoish #1Ktttlfls.. 9fIF6Rpk~ bylothersj the, standard) varranty r if any,~,oE ,theipeo actnrg; t~+~lreof„fl~sli be delivered to OWNER by CONTRACTOR in form to insure to OWNER'S, b4t►e1~13•:, This i guarantee will. not. apply to .dot *eta iof _,any,:*aterihts1or ,gq%dpplont €urr nisbed. b the, y OWNLR'tb the, CONT1tAiCTOR+for initallatiopj~,hpy4vphr,~~ @Nrsiatee .,,will apply,to any,defects,in workmanship ia;the iastsll.et}op~by;the Q9yTRAMR of! such ,mattrialsror,,equipment.. ,r _ t-'' err linty -lflj 171 Vheh defective. material and workmanship are! discovered, , aX1, required: repairs ~shall. ,be, made bf; the CONTRACTOR ar,,his, own expense, sua ,;4pAtrs,: shall be, Initiated ivithin five: (b))days after, vritteaijlo~tise,,gf.,sycn oaftKts,has,been given,bT therOWNEA and the:wotk,of the~r~psitRs>fh~!17, pTOr<ge¢it?aith;.~4lspfCch;so thpt t:ia: repairs; will be. completed,withip aIrelwopoblp, 1e98t~,Pf:,tf,4w.k;,,6hQuld the CONTRACTOR fail to initiate the repairs w144n,; 4V!F,:(s) 4tys,,fft*F imAten notice or should he fail to complete the repairs within a reasonable time, the OWNER; 018V, make the necessary. repairs: sqd: chn;g4jhQ,,gQNTWQR with 41,1 )costs, incuFred, therefor tCl 111ij 11r,q Y(16 14 2i.!]L„1~ ,il „lt !~i~ i,L '!f V6,) Jf~C JT G i dud As a part of this guarantee, the CONTRACTOR'S Performance bond shall remain in effect for s period of one year after the date of written acceptance 57 the OWNER. 19 Rev 7-10-M N~ 349 KATE RAT~• The OWNER in accordance with statutory requirements has e erm n t e general prevailing rates of wages as applicable to the project, rnd the CONTRACTOR 1111611 pay not less than the rates of wages so determined. A copy of the schedule of prevailing vag,+ rates as established by the OWNER Is Included as a part of these Contract Documents. 4. PRCSECU'rION ANA 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 lit 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, elther-byic6ntract or,by his oft force, the ENGINEER may direct the tine and manner of constructing the work done-* '`udddi this'contract0'46'thst conflict will be Avdided~snd,the eau tsuction! of the 4iikiWA vor'ks being dons for the OWNER will `beh&rmftisadoiol The ONTRACT6V IM11 submit, at such timwas may reasonably,bsirequestedt Lby`the ENGINEER'~'scheduleA whichrahall show tha1order in,wllich'the CObTUCTOR prbp6adi'r6 ditty 6t : Vnd V6fK9 vin dArde it whin ttid CONTRACTOR will `start the s0skal''parii df the'mork, slid eAtimated datA■ of, completion of thA? r, , , several parts, ,.It Within seven (7) days after the and of such calAndar month, tU CONTRACTOR shall iep6rt 1n'Iltiting't6'the ENGINEER any dajr'olsimed to b% unsuitable for workinj Within seveh (7) days' thereafter, the'ENGINftR shall agree or ldissg.~ee`In WiltiAg `a'te'*hether the,tima blaimedlaW not suitable'for.: 46AInj shall be'e6 recognised and the ENGINEUI S debtsion-shall be-final, and Wdin4. k! 1, 1 , . , 4M 'EXTENSION 'OF 1'IME+,+Should the CONTRACTOR be delayed in the completion 16frthe ik•by af1y ct or. neglect of the OWNER or ENGINEER, or of say am. "ployeeA of eIthery'or'by other -contractors employed, by, the OWNER,. or, by changes ordered in the work, or by strikes, lockouts. ~fires, and urjAaUal, delays by common carriers, or unavoidable cause or causes beyond the CONTRACTOR'S control', or by any cause which the ENOINEE►. may decids justifies the delayo thbn'sn extension 6f time•sholU be allowed for Completing the work,,suffitient to'com¢enAete 'fot'the'delay', the Abount of the extension' to br determined r by•tha 9AGYNEERI provided ,'howeVer,,that the'CONTRACTOII shAil,giVe the • Ei ENGINEER nAice iA writing of the cause of,sucti:delay within ten (10),dayA- '''~'j yrdt IACeptlbei of such' del'O. i 1fi.03'' 41INGl1ANCE9"AND 1ZIA)Zo' 866 claims; shall boo made by they CONTRACTOR f6r 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 ,,.r .)JLL,il t" f'. [ _t t, ,'i 1. 'i,r ~7 1: :~'rril , ~17•rL i. 1 lr~f f1~ VA'l,i { 20 e; 9-1-66 68 Yhd VorK ebbradeid in thin 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 causad by such stoppage of said work shall be paid by the OWNER to the CONTRACTOR, 4,04 LIQUIW12 DAMAGES,, The CONTRACTOR a#469 that time is of the essence of this contract, and that for each day of delay beyond the nummber 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 here inabove), the OWNER may withhold permanently from the CONTRACTOR'S total compensation, the amount per day given iri the following schedule,, not as a penalty, but as liquidated damages apd for added expense for, engineering supervision, etc. in connection with the rojcc`.: Amount Amount of Liquidated Of Contract Damage e'er Day 1009000 or less $100 100,001 to 500,000 150 5001,001 to 190009000 160' 4.10004001 kp '20~090w0 [3QM?. 400}:, fit 61 1 S MW F~ ANb PAYNEN'$ S.dl, QUANfI~'IES `AND I AJUR S.' No ax'ti'a` o'r' custbfda*Sloj'stkro4Wehto of' any kind will be allowed, but the actual measured and/or computed length, area, solid contepts, number, and weight only shall be considered, unlesa otherwise apeq,lfic.04Y provided. , J .02 18 I T OUANTIVES. Th1aI `agreement , lncludtn the specitics tiona, plas~sec~4,ggt tq, s intended to ehoitclearly all yo''A' eo ba'donsi acid ' maierlsl, tq be f4,n1a4e4 hereunder. Wheia 16 Astinat6d q~f' i tiea ale "'showri for t4e,yariouq clasass of work to be done{ dii'd Wterlel ekiie' urdishad uAdei the tIh4, ,qre approxImato, SiV a4 6d'be'~'uso esti me ..0'nl`y''ab~'`b' "'sie fof'~ ln~' t e b1 ` ' r oos¢a't offer d ' end 'a d i' , `hire ¢kdposais' ~d, f 4'r ~§''4 _ prq k it cost, oun!' der the~,t Wit Wit sh'd 4 04 t ,e„ ec t+i61 ' a~aot~'nt of work tg doge, 4. si4gt,f,q'1 ,~0 16,e furnished iln,for d r tliisrt c'o'nt'r`act may' dl Hsi sQal"Mt,~, roe,, ~4h 10,~etlgrst IS, And tpat,whe a the basis fdr O"aymbAt w JJ,f this contract s the unft price method ytRegtfat1j,11 fgr tii'e"'actual 'amount dt such work done and the material furnished. Where payment, }4 sea on the unit price method' the CONI'RACtbk agreas that he Ki}i ka {}o C~ai ,r' 44mggea, anticipated pf6;its dt'`oth! i'se b'n accotiAt of apy a fIF0 FIS Kh~ch qMy, b4 foune between the quarititles d `;►cric actball0 dOhe, the, pa40e +~c~t}q iy t' rn~ h' d under' f h1s ;c'ontraCt dtid t6~d 'ebiEimatbd giJantltlea coptampIatea andr gnt4neJ In the propoaii i l provided" fi&*Vir ' thsf !i► dame the sctgA}.,qupn~ ~y,q xjnyf ltsm hquId b cope as /such Is 257: i6i'd t 6r 25 } so then the estimated or cbntemplated quanttyo~r auc~t,tClsf, the ~ith6~'fEy Yl~f.. ~1 ;f. ;I,,, r. I J,, ;r. , i.., f. 1,-~ 1.1:`1 •1:11 , 1" I.~i,.. toll ; 111.~.. F~f J1~ J! I'l: fll r,il j'. b 7~7 fi ~l a! l p" 11...`t ,I..i..~ I f•:1b lt. ,:6. 9-1-66 68 Y 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 6f the furnishing of all the necessary labor, equipment and ,arterial, and the completion of all work by the CONTRACTOR, anu,on the completion of all work and of the delivery of *It material wbraced in this contract in full conformity with the specifications 'and stipulations herein contained, the OWNER agtees'to pay the CONPRACTOlt'the prices nets forth in the Proposal hereto attached, which has been made a part of this contract. The CONTRACTOR hereby agrees to receive such prices in full for furnishing all material and all labor required for the aforesaid workalso 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, t'ne attached specifi- cations and requir"ents of the ENGINEER. 5.04 PARTIAL PAY!#.Zi'TS. On or before the i0th d ~ bf `eic~ 'isoa th the ENGINEER shill prepare a statement shoving as completely ale ~ractica'bli'the total value of the work done by the GOrNrRACTOR u ,to sn,d,Including the last day of the preceding month; said'itatsment' slim 1 'dt ua' Inciude the value of all soun4 mat,~riala 4ejjver9d on the site cf the work that are to be fabricated r~to the worn o, ire OWNER shall then pay the CONlikTOR on or before ttte 13th dIy 6f'the ' current month the total amount of the ENGINEER'S statement`,"i''ta id loeii `cent ` of the t thereof, x l h„10 Per cent shalt be retalged,until final WYant a!m9W~ ~ C , , r and fu;,t4er less all previous,payments arjGd a1,1 furthet U*6 that swy be ;gtalne,Q bX ,t Qt urSdar toe terms q this' A~rbemetit.' If'is r~(d'er'a1'tobd1 -T 1' cadg "l w/ gle,,~ork, ? nerr E16 boalple'ti6h d;U ioo~b'Furt ono fault at ne Ylc o h t!!a Iiaee,' oe expatted attd ~nv,quel Qelay occurs, dus the COIgRA~ tho . ,quay may, uQop Wsltteii recom ender for 'o`ff the L[ GlttEd!"- PaY, a ~ 4 0 le a A I btu le rt~. of tl+e, ''tame. dreinve a totl~e ' CogrR q Rj or the m ORS -oft the BtaN~it's opt~or;, styli~ `re is,Oe'd ~f , NT W- tih!~ qb},l~at#4n t4 tul,li .C, P~eEe ih• Mork an4, therd>ipon, `th`e C6N?RI~CTOR st~11 , tf~ig4 pe~l~ 01 of V e, tMianc due" hemtunder the COnk'tdeti sublec`E only , to the conditions stated under N Ppysl h ' .0 USE COMPLETIM PO ION 2. The OWNER shall have the right to take P04*asIon of an q}~ any coma eke¢ or partially com~lated E41ons of"the ypr , ;n4~~thq {nd n t~t11 ,F;~A! Eor completing the iltit ra 'ao df Stich `port[oits 4,,gxplr9d. poi suQLaking PosspsslQrt diid Us* jt)al'i'itd be'dedmed, r g,not Usv _ An aocep azste of'ariy,wor,npk cQtoPk4Eqd in''accbrofds~L~► n`e' 1Eh tti' 'Cotrar~t`lbcii~ Mor t+~cf ;fii"11, c e ~eof exFeni be tii14' both, as he ENi311tE may date lnot not The CONTRACTOR shall notify the ENGINEER when the contract is "substantially completed" and the ENGINEER shall forthwith advise the CONTRACTOR in writing 22 68 of any work undone which In the ENGINEER'S judgement should be donelo if any, in order to substantially copplete the work. The "substantial completion" of the structure or facility shall not excuse the OONPRACTOR from performing all of the work undertaken, whether of a minor or major nature, and thereby completing the structure or facility in accordance with the Contract Documents. 5.06 FINAL COlipLETION AND ACCEPTANCE. Within ten (10) days after the CON- TRACTOR has given the ENGINEER written, notice that the wc+rk has been completed, the ENGINEER and the OWNER shall inspect the work and within said time, if the work be found to be completed in accordance with the Contract Documents, the ENGINEER shall issue to the OWNER and the CONTRACTOR his Certificate of Comple- tion, and thereupon it shall be the duty of the OWNER within '.en (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 PAYMT, Upon the issuance of the Certificate of Completion, the ENGINEER(sholl proceed to;aske fiaal.measurmpegts and prepare final statement; of the vaius~.of :ell trork performed sad materisls fvrnishsd Wdet the, te: ps of S4a ¢gre..espat,and, witbtp 25 days,ahfil certify,gape, to, the 4~ ,moo. pot. later; than. 35. day; after the date, of : the; Cef,tificate of Cpppl.etion shall pay to the CONTRACTOR the balance due the CONTRACTOR under the terms of cis: Agreement, provided he has fully performed his contractual obligations under tha~tsrm of this.coAtract; and said payment; shall,becomp dye, #p ppy event upon said, perforwaace by the CONTRACTOR. , , lleiSk~er. the Certt(Acatq of Acceptance pox the final payment,.uor any,provision ip the Contract Documents, shall reliova the CONTRACTOR of the obligation for fulfi111"pt,of any warranty which may be required in the,6pecial ,onditioas,of ao Specifications. N .U8; ,PAYlOrN'1S HIT141ELD.. The OWNER-may, on sccosmt of pubse9uegtly discovered evidepee~ withhold or nullify the , whole or; part: of; ;the, certif icgte, to: such extent es-pay be, necessary; to protect himseltifrom 440 VP occount;of; (a) DsfectIv* work npt remedied. . (b) :Cipiar.fiied;or.reawooab~~. evidppceindicpting,~ probable filing of cloiss4,' [ i (c) Failure of the CONTRACTOR to make payments properly to. sub-contractorp or, for Material or 14bor.• (d). Dsma8e t9,aWther contractor. When the above grounds are removed, or the CONTRACTOR provides a Surety Bond satisfactory to the OWNER, which will protfct.tjhe OWNER In the amount with- held, payment shall be made for mounts, withhald bscavse,pf thep.;, 5.Q9 DBLMD PAYMEES., Ebould' the; OVP91 fatl, t9 ipa o payment to the CON- TRACTO* pf;the sum jasmed,ia say partial or;final,statement, when payment is Rev 12-1-67 23 ~,.1 [ due;-•.'or should the ENGINEER fail to issue any statement on or before the date above provided, then the OWNER shall pay to the CONTRACTOR, in addition to the sue: shown as due by such statement, interest thereon at the rate of six (62) percent per annum, unless otherwise specified, from data due as provided under "PartiaV Payments" and "Final Payments". until fully paid, vhich'shall fully liquidate any injury to the CONTRACTOR growing out of such delay in payment, but the right is expressly reserved to the CONTRACTOR in the event 'payments be not promptly made, as provided under "Partial Payments", at any time thereaftet to treat the contract as abandoned by the OWNER and recover compensationl, as provided under "Abandonment of Contract"o unless such pay- ments are withheld in accordance with the provisions of "Paymennts Withheld".'' 6. CHANGES IN THE WORK AND CLAIMS 6.01 CHANGE ORDERS: Without invalidating this Agreement, the OWNER may, at atiq'time of from time'to time, order additions, deletions or revisions to the work'; such chafatee' will be authorized by Changb Or+dee-) to,be prepared ,by the d+fGIN€ER' fo'r' ekeeiition by' the Own, and the CORTRACTORi 1 The' Change' Older shall"set' forth"' 04 bib is' fae any' change in'tontrect ptinb ''as het'eiflafta4 set forth for Extra' Votk acid aiiy thhnge' in coti'tratC tithe trhich eaj result from' f- the charigb.! , i In the bvefit". the'CONT'RACTOX shall7 tefose tb•exetittb' a` Change' Ofdee~which had' been prepared, by, the ENGINEER and motecuted by the OWNER; the OWNER rea~ in writing instrutt the'CONTRACTOR'to"proteed`5ritif,the Votk+ae set fo'tth 3n'tha ` Change Order and' the' CONTRACTOR rosy' tasks elafm agaidat' the 'OWNER for- Extra'- Work' involved therein. as' hereinafter, provided. 6.02 MINOR CILMES bC ' Thb' EMOIIfEER iday, euthotite minor '!hhhgea in tb'e` w6rk aot incotesiateht~ iiit~ hbovefail ibt2nt' of - the- Cootratt~ bocurAnta &Ad not ite ` + volving eh° ihtreast 'ih C66trac0 Ptice;l''If thetCONTRACTOR3belieireti=that h6y*. minor change or alteration authorised by the ENGINEER involves Extra Work and entitles him to an increase in the Conttac'toFricb'fn the-CON['RACTf'ishall make written request to the ENGINEER for a written Field Order. In such case, the CONTRACTOR also shall' idvAef1 in, Vtitina thb OWNER, of, his[ t6goeit! to ttie ENGINEER for a written Field Order and that the Wrk`11hVblveA tay+result in an increase in the Contract Price. 6.03 EXTRA WORK: It is Agreedthat, the babib -ofctompebsatibte to! the CON- TRACTOR for work either added or deleted by a Change Order or for which a claim for Extrs Work is lade shall be determined by'bne ot!more of the,follow- ing methodst Methbd (A) ` L By agreed, uhW pf•ices'; ` of Method (B) ' -''Bye agreea littp'r;{d; or Method (C) - If neither Method (A) nor Method (B) be agreed upon •1111 r„ Su.3:;befdti, t14 Extth Wb4k' is'tolok*nlEd, .tbg~lE E~1'l. 'tEl1CTOR 4" 'w I bhalli bb paid the, "aCt(isl; field) tose#,W -the jwbrki fifteen (152) percent. Rev 12-1-67 24 cd !I in the event said Extra Work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost to the CONTRACTOR of all workmen, such as foremen, timekeepers, mechanics and laborers, and materials, supplies, tears, trucks, and rentals on machinery and equipment, for the time actually employed or used on such Extra Work, plus actual transportation charges necessarily incurred, together with all power, fuel, lubricants, water and similar operating expenses, also all necessary incidental expenses incurred directly on account of such Lxtra Work, including Social Security, Old Age Benefits, and other payroll taxes, and a rateable proportion of preeitums on Performance and Payment Bonds, and Maintenance Bonds, and on Public Liability and Property Damage, and Workmen's Compensation, and all other insurance as may be required by any law or ordinance, or directed in writing by the ENGINEER. The ENGINEER may direct the form in which accounts of the "actual field coat" shall be kept and the records of these accounts shell be made available to the ENGINEER. ''he ENGINEER shall also specify in writing, before the work commences, the ; method of doing the work and the type and kind of machinery apO equipment to be used. Unless otherwise agreed upon,! the prices-for the use pfimachinery ; and equipment+ shall bit determined by, using; 1K pf.TCent, ualoss otherwise specified,lof the scbedule, current at the,time,of a'sch use, 9f!9quipgent Ownership Expense adopted by the Associated General Contractor@.,pf,p~p4Ticar, Where practicable the terms and prices for the use of machinery and equipment shall-be incorporated in the written Change Order. The fifteen .15x) percent of. the !'actual field rxist" to be paid the 000TUCTOR shall cover, and. compensate his for his profit, overhead, general- superintendence and field office expenssi;and all other elements of cost ",expense pot embraced, within the "actual field cost", as herein defined, save that where,the CONTRACTpR'S; Camp or Field Office must be maintained solely on account of such Extra Work; then the cost to maintain and operate the me shall be included in the "actual field cost". No claim for Extra Work, of any. kind Will be, allowed urd"s ordered 0 writing bjr the ENG4RER. In case any orders, or instructtops►'either orpl or written,: appear to the CONTRACTOR to involve Extra Work f9r which, be ohould;receive compensation' or an adjustment in the, construction K.W. he shall amke writtep. requept to the ENGINEER for written order authoriej,gg such Extra Work:SFA he'; shall advise the OWNER of his, request .to the M.IKEER. :Should a Ai ffermw e,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,,this =TRACTOR shall proce, with the work after making writtea,request, for wr14op order opd shall, keep an apcurate account of the "actual field coyt," theregf, as provided under. Method (C). The, CONTRACTOR will. thereby, rosetr'e the right to sOVAt the matter of payment to arbitration. As herelzbel,ow provfdad► 6.04 TIMES VIUNG it is further agreed by, both par;tlop_ harp o, that Fall questions oU dispute or adjustment presorted by the.CQyiTRA 09,ahetl be An writing and filed with the RNGINESR Within 1f"041A:(15). dAy¢ oftpr #o,.EN PRR has given any directions, order, or instructi9A to,whi9h,the CQNAACT¢R deairae to take exception. The ENGINEER shall, within fifteen (15) days, reply to such written exceptions by the CONTRACTOR and render his final decision in Rev 12-1-67 25 s .-c writing. In case the CONTRACTOR should appeal from the ENGINEER'S decision, any demand for arbitration shall be filed with the ENGINEER and the OWNER in writing within ten (10) days after the date of delivery to CONTRACTOR of the ENGINEER'S final decision. It is further agreed that final acceptance of the work by the OWNER and the acceptance by the CONTRACTOR of the final payment shall be a bar to any claims by either ;arty, except where noted otherwise in the Contract Documents. 6.05 ARBITRATION. All questions of dispute under this Agreement shall be sub- mitted to arbitration at the request of either party to the dispute. The parties may agree upon one arbiter; otherwise, there 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 nelect a third within ten (10) days, he shall be- chosen by a District Judge serving the County in which the major portion of the project is located, unless otherwise specified. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, his rights to arbitrate shall'lapse, and the decision of the ENGINEER shall be fleal'and binding on-hi%4 Should the other party fail<to,ckoose an arbiter within ten (10) doys,'the ENGINEER shall appoint such ar'oiter. Should either; party refuse or neglect•to,supply the arbiters with,aar papers or:infgrmation. demanded in Vriting,' the 'arbiters are empowered1by both' pertiel to take ex party proceeding. The arbiters shall act frith promptness. The decision of 'any taro shall be binding on both parties to the contract. The decision of the arbiters upon ji any 'question submitted to arbitration under this contract-shall b1 a,eondition precedent to any right of legal action. The decision of the arbiter, or arbiters may be filed in court to cam it into effect. 71.1 ABANDONMENT OR CONTRACT 7.01 ABANDONMENT BY CONTRACTOR. In case the CONTRACTOR should abandon and fail' or=refuse- to resume work within'teh (10) days. aftetivtitten'notification: feom' the * OWNER, or the, ENGINEER,' oY if the CONTRACTOR fails' to I-A*Oly' with, the orders of th'e'ENOINUR, Vhen!sUch orders are consistent with the Contract.-,.i. Dotibents; then, and•in that caber,where performancs end payment bonds exist,, the'Surety on the bonds shall be'notifled in writing arAd directed to complete 'the vork;'acid a copy of said 'notice shall be delivered to the CONTRACTOR. ,After receibing said notice'of abandonment, the'CONTRACTOR shall not'renovei? from the work any machinery, equipment, tools, matsrials,'or'suppliee then? r 'on the job, but, the' saae, , together with any' meterialsi'and equipment under It ' 'tbnt'ratt' for this' Stork', tray be' held - for' use on the votk~ by~ the OWNER or, the, Surety on the performance'and payment bowie, or another contractor dn' cooro-: if 'I pletion of the work; and the CONTRACTOR shall not receive any rental of credit thilrefor (except. vheh 'used' fn, connection vith Extra. Kokki ro 00ft_ shoA b`e allotted ab',ptovidld &V uthder' Section 6, Changes- in the Stork sad Claims)'; sit N b'ait~g' 6ridbtaCOod than the` Wew'oy 'sUch equipmant Meted mktariald riill'ultimately: iteduct the` teat tb c6hptete the work and be refldcted in the final asttlement. Rev 12-1-67 26 So r°yi Where there is no performance bond provided or in case the Surety should fail to commence compliance with the notice for completion bereinbefore provided for, within ten (10) days after service of such notite, then the OWNER may provide for completion of the work in either of the following elective mannerst 7.011. The OWNER may thereupon employ such force of men and use such me- chinery, equipment, tools, materials, and supplies as said OWNER may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials, and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out of such moneys as may be due, or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement. In case such expense is less than the am which would have been payable under this contract, if the same had been completed by the CONTRACTOR, then said CONTRACTOR shall receive the difference. In case, such expense is greater than the sum which would have been payable under this contract, if th% same had been completed by said CONTRACTOR, then ,the., CONTRACTOR and/or his, Surety rball pAy the amunt! of such exser to the ON11p.At; or 7.0126 .The OWNER, under sealed bids, after five- M days notice pubAiahed one or mote tie"! in b newspaper having geseral- circulation in:tho county of the,, location of the wOrkti,may let the contract for,t~e,completioa of tho work under substantially. the aloe terms and coadit'ons which, are provl¢eO iu this con-, tract. i In case of any increase, in cost, to the, OWNER under; the, PAw contract. aa; compared to what would have been the cost under this contract, push increase shall be charged to the CONTRACTOR and the Surety,sball be and remain bound, therefor. Howeveri should the cost to-complete any such new contract prove, to be leas than what would have been the cost to complete under this contract,,, the CONTRACTOR and/or.-his Surety shalh be credited with the difference., Whet►jthe work, shall have been substantially completed, the C0PrRACrOR and his SuTbty shali,be so notified and Certifitates;oC Completion and Acceptance; as provided in-Paragraph~5.061hereinabove;ishall)be issued. A complete, itemised, statement of the contract Amounts,. certifiedt to. by .the ENOINUR as; being w. 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 Certificata'of Completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the OWNER had the work been completed by the CONTRACTOR under the terms of this contract; or when the CONTRACTOR and/or his Surety shall pay the balance shown to be due by them to the OWNER, then all machinery, equipment, tools materials, or supplies left on the site of the work shall be turned over to the CONTRACTOR and/or his Surety. Should the cost to complete the work exceed the contract price, and the CONTRACTOR and/or his Surety fail to pay the amount due the OWNER within the time designated hereinabove, and there remains any machinery, equipment, tools, materials, or supplies on the site of the work, notice thereof, together with an itemised list of such equipment and materials, shall be mailed to the ,>4 Rev 12-1-67 27 CONTRACTOR and his Surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the CONTRACTOR and his Surety subject only to the duty of the OWNER to exercise ordinary cart to protect such property. After fifteen (15) days from the date of said notice, the OWNER may sell such machinery, equipment, tools, materials, or supplies and apply the net sun derived from such sale to the credit of the CONTRACTOR and his Surety. Such sale may be made at either public or private sale, with or with- out notice, as the OWNER may elect. The OWNER shall release any machinery, equipment, tools, materials, or supplies, which remain on the work and belong to persons other than the CONTRACTOR or his Surety, to their proper ovaere, 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 termi'of this contracts and should fail or refuse to comply with said terms within ten (10) days after`irkltten notification by the OONTRACTOR, then the CONTVACrot may suspend 'or:wholly, abandon Ship work, and may ttmove therefroa all machinery, tools and equipment, and all materials on the site of the work that have not been included in payments to the CONTRACTOR and have not been wrought Into the work. And thereuponi the ENGINEER shall make,an estimate of the total amount earned by this CONTRACTRO.which lati*ate shall include the- value of all,irotk actually completed by said,CONTRACTOR (st;the prices stt.ced in the attached proposal where unit prices are used),1the value of.all , pettially completed work at,a'fair, and equitable prices+and the amount of , all Extra Work performed at the prices' agreed-upon; or provided for by the terms of his contract, and & ,reasonable sum to cover the cost'of any pro,* visiona made by the CONTRACTOR to carry the whole work to completion and y which'cannot be utilized., The ENGINEER shall then make final statement of,: the balance due'the OONTRACTOR)by deducting from the above estimate all;pre- vious payments by the OWNER, and all other sums that may be retained by the OWNER 'under the, terms 'of this, Agreemeat0 and; shall: certify saw fto the OWNER,.: who shall pay to the CONTRACTOR ,+on or. before thirty (30)1days 'ofter'the date of the notificstion by the CONTRACTOR; the, balance.shoiwn'by,said, final stater meet as due`the OONTRACTOR'undtr the,terns of. this,Agreement.' Je END GEN$RAL CONDITIONS i i ! i,t, F ~ i 1. J ' iiJt -a _i7 Rev iE .II !r.il tt ; i1 11i ! l , 12-1-67 28 SPECIFICATIONS SECTION 101 - GENERAL REQUIREMENTS A. Materials: These specifications are intended to be so written that only materials of the best quality and grade will be furnished. The fact that the specifications may fall to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and protecting them adequately until incorporation in the project. The specifications fox materials set out the minimum standard of quality which the Owner believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permission of the Engineer to make a suustitution for the material which has been specified. Where the term "Or Approved Equal" is used, it is understood that if a material, product or piece of equipment of the specified name and quality is furnished it will be approvable, as the particular trade name and quality was used for the purpose of establishing a standard of quality acceptable to the Owner. If a product of any other name is proposed for use, the Engineer's approval thereof must be obtained before the proposed substitute is procured by the Contractor. Wherever the term "Or Equal" is used, it is understood to mean "Or Approved Equal". B. Workmanshly: These specifications contain detail instructions and descriptions covering the major items of construction and wor"nship necessary for building and completing the various units or elemNnts of the project. The specifications are intended to be so written that only first class workmanship and fl:aish of the beat grade and quality will result. The fact that these spwifications may fail to be so complete as to cover all details will no'c reli•r. :he Contractor of full responsibility for providing a complet+d project of high quality, first class finish awd appearance, and saticfarcory for operation, all within ts:e apparent intent of the plans and specifications. C. Dandling Materials not Approved: The Contractor shall remove from the site any materials found to be damaged, and any materials not meeting the specifications. These materials shall be removed promptly, unless the En- ginser will accept the materials after repairing. Materiels found to be damaged, or not acceptable to the Engineer, shall be removed if installed and then found to be damaged or not acceptable. Inspection before install- ation shall not relieve the Contractor from any responsibility to furnish good quality materials. D. Clearing and GrubbingS The Contractor shall do all clearing and grub- bing necessary for construction operations. All trees, branches, limbs, and roots shall be removed and disposed of by the Contractor so as to leave the right-of-way in a neat and presentable condition. Clesting and grubbing 101-1 shall be done so as not to injure or damage adjacent property. In disposing of brush, particular care shall be taken so as to eliminate the possibility of starting a grass fire. Any and all damages outside the limits of the construction right-of-way shall be paid for and settled by the Contractor at his expense. E. Fences: The Contractor shall protect all fences adjacent to the con- struction area. Any damage to fencing shall be repaired or replaced by the Contractor in a condition equal to or better than, the original condition. F. Gates: At locations where the pipe line crosses fences, the Contractor shall install barbed wire gates. Wire gates shall provide a clear opening of thirty (301) feet and shall be constructed as shown on the Plana. The full opening of thirty (301) feet shall be reduced to one half this distance (15-Peet) by the Installation of a line post in the center of the opening, except during the actual trenching operations. Cuts In fences shall be made in a neat and workmanlike manner and the Contractor shalt be responsible for prevention of lose of stock or pets through gates, breaks, or gaps in fences due to construction operations. Where gates are installed in the fences, two "H" Frame braces shall be Installed in the fence line on each side of the gate as shown on the Plans. G. Safety and Frocerty Protection: 1. Barricades. Guards and Safety ?rov1sionss To protect persons from injury and to avoid property damage, adequate barricadea, construction signs, torches, red lanterns and guards as required shall be placed and maintained during the progress of the construction work and until it is safe for traffic to use the construction site. Whenever required, watchmen shall be provided to prevent accidents and no extra compensation will be al- lowed therefor. Rules and regulations of the local authorities respecting safety provisions shall oe observed. 2. Traffic and Utility Controls: Excavations for construction operations shall be conducted in a manner to cause the least interruption of traffic. Where traffic must cross open trenches, the Contractor shall provide suitable bridges at road crossings, street intersections, and driveways. 3. Flom of Drains and Sewers Maintains-d: Adequate provisions shalt be made for theflow of storm severs, drains and water courses encountered during the construction and the structures which may have been disturbed shall be satisfactorily restored upon, completion of the work. 4. Prgoorty Protection: Trees, fences, signs, poles, guy wires, and all other property shall be protected unless their removal is authorised; and any property damage shall be satisfactorily -*stored by the Contractor. END OF SECTION 101-2 it~ SECTION 102 - IXCAVAIION AND BACKFILL A. General: The Contractor shall make such excavations as may be required F for the construction of the facilities to line, grade and extent Indicated on the Plans, or as may be required for the construction of structures, In- stallation of piping and all incidentals thereto. Excavations shall be dewatered so that all work may be performed in the "dry". The Contractor, at his expense, shall do all balling, pumping and dewatering as may be required. All water removed from tre:tches shall be con- ducted to natural drainage ways, drains or storm sewers in such a manner as to prevent damage to adjacent property or to the public. Pumps of ample capacity and In duplicate must be provided to insure that once an excavation is made dry, the water will be kept down until that part of the work under construction is completed. B. Classification of Excavation: All excavation shall be "unclassified" and involves the removing of all materials necessary to permit the carrying on and completing of the work. The Contractor, prior to submitting a pro- posal, must satisfy himself as to the actual sub-surface conditions. No extra or separate payments for rock excavation will be made. C. Structural Excavation: Excavation shall axtend a sufficient distance from walls and footings to allow for foams, installation of services, and for inspection, except where concrete for walls and footings is authorized or required to be deposited directly against excavated surfaces. Where excavation, through the fault of the Contractor is made below the elevation indicated on the drawings or directed by the Engineer, the excavation shall be restored to the proper elevation with stabilized backfill (lean concrete) or other approved material, at the expense of the Contractor. D. Trench Excavation: 1. General: The trenches shall be excavated to the alignment and dopth as shown on the Plans or as required for the proper installation if the pipe. The trench shall be braced and/or dewatered, If necessary, in such rianner that the workmen may work therein safely and efficiently. 2. Trench Width: The trench walls in the pipe zone, from the trench bottom to at least one (10) foot above the top of the pipe, shall be vertical. The walls of the excavation above this specifically designated pipe zone shall be substantially vertical. The minimum and maximum width of trench excavation at the top of the pipe zone, measured one (11) foot above the top of the pipe, shall conform to the following requirements. The minimum width of trench shall be external diameter of the pipe plus fifteen (LS") inches. The maximum width of trench shall be the external diameter of the pipe plus twenty-four (2411) inches, except where addi- tional width is required and approved at pipe joints. 102-1 3. Pipe Foundation: the trench shall be excavated to an even grade to permit the installation of the pipe in such a manner that the full length of the pipe barrel is supported on the trench bottom. The entire foundation area In the bottom of all excavations shall be firm, stable ma►v rial, and r,terlal shall not be disturbed below re- quired grade except as hereinafter described. Where the character of the foundation materials is such that a proper foundation cannot be obtained at the elevation indicated by the plans, when directed by the Engineer in writing, the Contractor shall deepen the excavation to where a satisfactory foundation can be obtained. If the subgrade is soft, spongy, or disintegrated, the materials shall be removed until a firm, stable and uniform bearing is reached and the sub- grade brought back to the required grade with material compacted in place or with granular or concrete embedment material. If the unsatisfactory sub- grade condition is due to the Contractor's failure to make a proper pro- vision for adequate drainage of excavations, the expense of replacing any unsatisfactory subgrade shall be borne by the Contractor. However, if in the opinio►i of the Engineer, the unsatisfactory subgrade condition is not the result of the failure of the Contractor to provide adequate drainage, bailing or pumping facilities and the Engineer orders In writing that the Contractor make additional excavation and replace unsatisfactory subgrade material, then compensation will be made for the additional expense incurred. 4. Correcting Faulty Grade: Any part of the trench excavation below grade shall be corrected with approved material, thoroughly compacted. 5. Pipe Clearance in Rock: Ledge rock, rock fral,Aents, or unyielding shale or marl shall be removed to provide a clearance of at least six (611) inches below all parts of the pipe, valves or fittings. Adequate clearance for properly jointing pipe laid in rock trenches shall be provided at bell holes. 6. Sub-Grade i R k Trench: The excavation below sub-grade In rvck or unyielding shale or marl minisrim. excavation of six (6") inches) shall be refilled to grade with approved granular embedment material, well compacted. 7. Blasting Procedure: Blasting for excavation will be permitted only after proper prccautlons are taken for the protection of persons and property. Any damage caused by blasting shall be repaired by the Contractor at his expense. The Contractor's methods of procedure relative to blasting shall conform to locol and state laws. The Contractor shall cover all blasting operations with wire netting of adequate strength and adequately anchored to prevent the scattering and flying of rock and debris from the site of blasting. No blasting will be permitted within three hundred (3001) feet of water wells. 8. Bell Holes Reouired: Bell holes of ample dimension shall be dug in trenches a: each joint to permit the jointing to be made properly and so that the ripe will rest on the full length of the barrel. 102-2 9. Brand snd Sheeted Trenches: Wherever necessary to prevent caving excavation shell be adequately sheeted and braced. Where sheeting and bracing are used, the rrench width shall be increased accordingly. Trench sheeting shall remain in pied until the pipe has been laid,, tested for defects, and repaired if necessary and the trench backfilled to a depth of two (21) feet over the top of the pipe. 10. Carr: of Surface Material for Re-Use: If local conditions permit their reuse, all surface materials suitable for reuse in restoring the sur- face shall be kept separate from the general excavation material. 11. Manner of Piling Excavated Material: All excavated material shall be placed in a manner that will not endanger the work and will interfere as little as possible with public traffic. Roads and driveways must be kept open in every possible case, with exceptions to be made only upon permission from the Engineer. Drainage channels shall be kept clear of obstruction or other satisfactory provisions made for drainage. 12. Trenching by Machine or by Hand: The use of trench digging machinery will be permitted except in places where operations of same will cause damage to existing structures above or below ground, in which case hand methods shall be employed. 13. Open Trench: The Engineer shall have the right to limit the amount of trench which may be opened or partially opened at any time in advance of the completed line; and also the amount of trench left not backfilled. Not over 500 feet of trench shall be left open ahead of pipe laying. E. Protection{ of Existing Structures and Utilities: In the preparation of plans and specifications, the Engineer has endeavored to indicate the location of all principal existing underground lines which are known to the Engineer. No attempt has been made to show minor lines or service lines. However, if is not guaranteed that all lines or structures have been shown on the Plans. Prior to the start of construction, the Contractor shall communicate with the local representative of the oil companies and utility companies, Including but not limited to the oil companies, gas company, telephone company and any other public and private utility companies, and advise said representatives of the route of the proposed construction in order to obtain the assistance of the utility companies in the location of and in the avoidance of conflicts with utility lines. Where excavation endangers adjacent structures and utilities, the Contractor shell, at his own expense, carefully support and protect all such structures and/or utilities so that there will be no failure or settlement. Where it is necessary to move services, poles, guy wires, pipe lines, or other obstructions, the Contractor shall notify and cooperate with the utility owner. In case damage to an existing structure or utility occurs, whether failure or settlement, the Contractor shall restore the structure or utility to its original condition and position without compensation from the Owner. 102-3 All costs of temporarily or permanently relocating the conflicting utilities shall be borne by the Contractor dithout extra compensation from the Owner. If, in the opinion of the Engineer, concrete backfill is necessary for the support of utility lines crossing trenches, the Engineer may direct 1500 lbs. concrete backfill be used. Payment will be made to the Contractor at the unit price bid for the installation of such quantity of the concrete backfill as directed by the Engineer. F. Backfillinx Around Structures: Excavation around structures shall be backf:illed with excavated or other material to the elevation shown on the plans. Backfill material shall be select material free from rock or boulders measuring more than eight (811) inches in its greatost dimension. Normally the backfill material may be dumped or pushed Into the excavation and be stabilized by flooding and jetting. However, where directed by the Engineer, the backfill material shall be placed in layers not to exceed six (611) inches in thickness, adding sufficient water to moisten the materials, if dry, and shall be compacted by hand or pneumatic tamping until the backfill is of the same density as the undisturbed earth In the sides of the excavation. G. Backfillinx of Trenches Clean-Up and Maintaining Surfaces: 1. Initial Backfill: Selected material shall be deposited in four inch layers and hand or mechanical tamped between the sides of the trench and the pipe and over the pipe for at least twelve (1211) Inches above the top of the pipe. Broken concrete, rock, or other lumpy material, shall not be used In the initial backfill, when necessary In the opinion of the Engineer, backfill materials shall be moistened to facilitate compaction be tamping. 2. Final Backfill: The backfill material may be placed loosely In the trench, rounded up over the trench slightly above the original ground elevation without tamping, and the trench jetted with water until all settle- ment has ceased; the jets to be placed not over five (50) feet apart on alternate sides of the trench. Care must be taken not to disturb the pipe by this jetting operation. No rock greater than six (6") Inches in any direction may be placed in the final backfill. After the trench has settled and sufficient time has elapsed, the trench shall be filled with dry material and mechanically tamped with a hydrohammer of at least 500 pounds. At lo- cations where the excavated material is from rock formations, or where the material is such that it is not suitable for compaction under the method specified, the material shall be disposed of and an acceptable substitute backfill material shall be provided and placed as required. In all caseb, the density of the compacted backfill material shall be equal to or greater than ninety (90) percent Standard Proctor. 3. Backfill Beneath Pavement: Backfill in areas where paving is to be replaced shall be as specified above except the final 10-1/2" section of backfill (below pavement) shall be made with 2:27 cement stabilized material. 102-6 The stabilized material shall be composed of ceo*nt and aggregate in the ratio of two (2) sacks of c*ment per cubic yard of aggregate. The aggregate may be "pit-run" sand and gravel. The material shall be mixed in a mixer with just enough water to "set-up" the material. The material shall be placed in the trench in uniform layers of approximately six (611) inches and thoroughly tamped. Replacement of the final 1-1/2" of hot mix asphalt shall be in accordance with the item "Pavement Replacement" herein. 4. Backfill Across Cravel Drives: All driveways shall be backfilled on the same day they are opened unless other arrangements see made with the persona involved. Backfill shall be thoroughly compacted with approved moist material In layers of about six (611) inch thickness to six (611) Inches below the finished surface. The final 6" shall be compacted base material (crushed stone) as specified for roadway base replacement. 5. Deficiency of Baakfill: Any deficiency in the quantity of material for backfllling the trenches, or for filling depressions caused by settlement shall be supplied by the Contractor. 6. Restoration of Surfaces: The Contractor shall replace all surface material, and shall restore paving, curbing, sidewalks, gutters, culverts, drives, shrubbery, fences, sod and other surfaces disturbed, to a condition equal to that before the work began, furnishing all labor and material in- cidental thereto. 7. Surplus Earth: Surplus excavated materials from trenches in streets, roadways and highway right-of-way shall be disposed of by the Con- tractor at his expense. 8. Cleaninix Up: Surplus pipe line materials, tools, rubbish, and temporary structures shall be removed by the Contractor and the construction site shall be left clean, to the satisfaction of the Engineer. 9. Maintenance of Surfaces: The perfotmanae bond to be made a part of this Contract will require the Contractor to maintain the surface of the trenches, fences, adjacent curbs, sidewalks, gutters, driveways, and other surfaces disturbed for a period of one (1) year after the date of acceptance. END OF SECTION r 102-5 SECTION 103 - COVER OVER TOP OF PIPE BARREL A. General: It is intended that the line be laid to such a depth as shown on the Plans. Cover shall be defined as the distance between the top of the pipe barrel to the natural ground surface. The attention of the Contractor is called to the profile of the line which shows the ground line in relation to the top of the water main. The Contractor will be required to lay the line, In general, to conform to the profiles shown on the Plans. Specifically, the trench will be excavated to a depth necessary to clear existing underground utilities, and to maintain a minimum 31-0" cover. B. Five to be Laid to Grades Set by Engineer: The Engineer will provide the Contractor with grade stakes at hundred foot intervals. The grades will be determined in such a manner to avoid excessive use of fittings and specials and to provide a uniform grade between low points and high points, and where feasible to do so, intermediate "highs and lows" will be eliminated by laying the pipe on a uniform grade. No additional compensation will be made for extra trench depth required to meet these conditions. Any difference of opinion concerning the grades as met by the Engineer must be resolved by the Contractor prior to pipe laying. END OF SECTION 103-1 SECTION 104 - CONCRETE EMBEDMENT AND ENCASEMENT Where shown on the plans or as directed by the Engineer, the pipe shall be laid with a concrete embedment or encasement of 1500 pound concrete In ac- cordance with the details shown on the plans. The concrete embedment or encasement shall be made monolithic by laying the pipe to line and grade on a four (49 inch embedment of concrete, and before the embedment has taken a set, the remainder of the concrete shall be poured around the pipe and worked into the concrete embedment to secure a monolithic joint, taking care not to disturb the alignment or grade of the pipe. END OF SECTION 104-1 SECTION 105 -CAST IRON PIPE AND FITTINGS A. Pip*: All cast iron pipe shall be new, sh*ll be manufactured in the United States of America, and shall be manufactured In compliance with Fed- eral Specification WW-P-421b, Type II or III, except for wall thickness and weight of barrel as described below. The joints shall be Push-on for Type II pipe, and Mechanical for Type III pipe. All pipe shall be Class 150 psi and shall be listed as approved by Underwriters' Laboratories, Inc. Cast Iron pipe shall be designed in accordance with AWA Specification C10I-57 (ASA A21.0 method of design using 21,000 psi bursting tensile and 450000 psi modulus of rupture. Pipe shall be minimum of Class 150 designed for 150 psi water pressure, 8 feet cover, trench condition "B", flat bottom, no blocks, tamped backfill, at least 85 psi water hammer allowance, and 2-1/2 to 1 safety factor. Pipe shall be manufactured in accordance with AWA Specifications C106-62 (Metal Molds) or C108-62 (sand-lined molds) except minimum bursting tensile of 21,000 psi, minimum modulus of rupture of 45,000 psi, and maximum modulus of elasticity of 10,000,000 psi. B. Fitt s: Cast Iron Pressure Fittings shall be Class D in conformity with AWWA Specification C100-55, or shall conform to ASA Specification A21.10 Short Body Fittings. All joints shall be in accordance with the details shown on the Plans. Flanged Cast Iron Fittings shall conform to ASA Specification 816.1-1948, 125# Standard, except as otherwise designated on the Plans or shown in the Special Conditions. C. Crating and Lining: All cast Iron pipe and cast iron fittings shall have an inside cement mortar lining conforming with American Standard Association Specification for cement lining for cast iron pipe and fittings (A21.4-1953), or conforming with manufacturer's standard specification for seal-coated "Emmeline" lining, or shall conform with A.S.A. 21.4 except for the thickness of the lining which shall be one-half (1/2) thickness specified in A.S.A. 21.4. Outside coating shall conform with American Standards Association, Proposed Specification for Coal-Tar-Dip Coating for Cast Iron Pipe Fittings (A21.5-1940). END OF SECTION 105-1 SECTION 106 - INSTALLING CAST IRON PIPE AND FITTINGS A. Description: Cast iron pipe, fittings, and specials are to be installed at locations shown on the Plans. Unless otherwise indicated, pipe in trenches shall be laid to the grade shown or an even grade from point to point for which elevations are furnished. All of the requirements of the specifications "Excavation and Backfill" govern for the excavation of trenches for laying cast iron pipe, fittings avid specials. B. Pipe Handling: All pipe, fittings, and special castings shall be lc,wered into trench by derrick, tripod, crane or other suitable machine and shall not be rolled in or "dumped" Into the trench. Pipe, fittings, shall be handled in such a manner as not to damage the coating. All dirt and trash that may be in the barrel of the pipe, on the spigot or in the bell shall be removed Valle the pipe is suspended. All pipe and fittings shall be handled and lowered into the trench with slings. The use of hooks for handling pipe and fittings will not be permitted. Where it becomes necessary to deflect the pipe to avoid obstructions, the deflection of each joint must be approved by the Engineer, and shall be within acceptable limits. The pipe is to be kept clean during the laying operation and free of all sticks, dirt and trash, and at the close of each operating day the open end of the pipe is to be effectively sealed against the entrance of all obstructions and especially water. C. Joint Making: 1. Jointing Mechanical Joint P1.2e: This type of pipe shall be jointed in full accordance with the manufacturer's recommendations and shall be done in a neat and workmanlike manner. Care shall be taken to prevent shearing the bolts. The jointing of the pipe shall be generally as follows: a. After carefully cleaning both spigot and bell and after slipping the follower ring and the gasket over the spigot end, the spigot shall be slipped into the bell. b. If requested by the Engineer, a lubricant shall be applied to the spigot to assist in assembly. c. The gaskets shall be carefully seated by hand so as to be even in the bell at all points. d. After drawing up the follower ring to uniform bearing against the gasket, the bolts are to be inserted and tightened by hand in pairs using bolts opposite each other. 106.1 e. The nuts are to be tightened amply to hold the required pressure. Extension Wrenches, or pipes over wrenches, or pipes over wrench handles, will not be permitted. Ten (10") inch ratchet wrenches shall be used to tighten the nuts, unless other type wrenches are approved by the Engineer. The finished joint shall be neat and uniform and shall be water tight. 2. Makinst "Teton" and/or "Fast Tito" Joints: The jointing of this type of joint shall be as recommended by the manufacturer. The procedure for jointing shall be generally as follows: a. The spigot and bell shall be thoroughly cleaned and dried be- fore starting the assembly of the joint. The gasket shall be wiped clean with a cloth. b. The gasket shall be placed into the gasket seat in the bell. c. A thin film of lubricant shall be applied to the surface of the gasket that will come in contact with the entering pipe spigot. d. The spigot shall receive a film of lubricant, if necessary. e. The joint shall be made by exerting sufficient force on the entering pipe so that its plain end will move past the gasket. This exerting force may be by use of the "crowbar method", (S" and smaller) "fork-tool method", (6" and smaller) or "jack method", (10" and larger). END OF SECTION 106-2 SECTION 107 - GATE VALVES A. Description: Gate valves shall be iron body, double disc, parallel seat, brass or bronze mounted throughout, and have brass or bronze stems. Bronze body valves will not be permitted. Valves shall have a non-rising stem and shall open by turning counter-clockwise. All valves shall be equipped with a two (211) inch square wrench nut for operation, and shall be designed for a minimum working pressure of 150 psi. Valves shall comply in all respects with American Water Works Association Standard Specifications for Gate Valves, C-500, latest revision, and shall be Mueller, or approved equal. Valves shall be for buried installation and shall be furnished with cast Iron valve boxes. B. Cate Valve Iocations: For the bidder's convenience, thu 6-inch and larger gate valves required for this project are briefly described as follows; along with their approximate location. Accuracy of the tabulation shall be veri- fied by the Contractor. Approximate Location Site Description Station 0+10 8" M.J. 4+75 6" M.J. 10+00 M.J. 20+40 6" M.J. 21+35 811 moil 21+50 8" M.J. 31+90 810 Moil 42+00 8" M.J. 53+85 6" M.J. 54+00 801 Moil 61+85 6" M.J. 69+70 6" M.J. 69+80 801 Moil 69+96 6" M.J. 83+00 6" M.J. 97+14 6's Moil C. Valve Boxes: Valve boxes shall be three piece screw type cast iron of the extension type, and shall be similar to Trinity Valley Irnn and Steel Company No. 2291 or Mueller No. H-10364. The three pieces shall consist of the top section, bottom section, and cover. Extensions shall be provided as required. Valve boxes shall be firmly supported and maintained centered and plumb over the wrench nut of gate valve. The box cover shall be set flush with the finished surface. D. Installations: Valves shall be caret..:lly handled and lowered Into position by mechanical equipment in such manner as to prevent damage to any part of the valves. The valve shall be placed in proper position with the stem truly 107-1 vertical, or horizontal, and shall be securely held until all connections have been made. Valve joints shall be as shorn on the plans or specified herein. All valves, 6" and larger in site, shall be supported with concrete as detailed on the plans. After the cast iron valve box, or boxes, is in place, backfill material shall bo firmly tamped around the outside, exercising care to insure that the valve box remains vertical and centered over the wrench nut and at the proper elevation. END OF SECTION 107.2 SECTION 108 - FIRE HYDRANTS A. Description: Fire hydrants shell conform in all resp"ts with AWWA Stand- ard Specifications for "Fire Hydrants for Ordinary Water Works Service", AWWA C502-64. Fire hydrants shall be Mueller Improved A24015, Traffic Model, or approved equal. Hydrants shall have five and one-fourth M11) inch minimum valve opening on a barrel of approximately seven (79 inches inside diameter. Hydrants shall be dosigned for six (6") Inch pipe connection to street main, and shall be equipped with two 2~" hose nozzles (National Standard Thread), and one W steamer nozzle (Ga. F-501). Hydrants shall have lk" pentagon operating nuts, and shall turn counterclockwise to open. Hydrants shall be of the dry top type, with 11011-ring packing, and shall have a compression type main valve that closes with pressure. The Contractor shall be responsible for providing hydrants of the proper length, with ex- tensions if necessary to place the steamer nozzle a minimum of 10-6" above the finished ground surface. E. Installation: The hydrants shall be installed at the location directed by the Engineer. They shall be set truly vertical and securely braced with concrete or stone blocks until self-standing, and shall be surrounded with a minimum of seven (7) cubic feet of washed gravel or stone. Installation do- tails are shown on the Plena. END OF SECTION 1Q8-1 SECTION 109 --SERVICE LINES AND TAPS A. General: Service taps and lines shall be installed at the locations shown on the plans. The taps shall be 3/4-inch and shall be made by drilling and tapping the main for insertion of a corporation stop (Mueller H15000 or equal). Copper service lines uhsll be installed with a minimum of 18-Inches cover, and shall be extended to the property line unless otherwise directed by the En- gineer. Taps shall be made on the upper quadrant of the main at approximately forty-five degrees from vertical. No taps will be made on the top of the pipe. 8. Service Lines: Service lines shall be Type K soft copper tubing with flared connections, and shall terminate inside a meter box with a curb stop with pipe thread outlet (Mueller H15275 or equal). C. Meter Boxes: Mater boxes shall be 18-inch diameter by I8-inch deep, 20- gauge galvanized iron boxes, with cast Iron ring and lid. Lids shall be stamped "WATER". Meier box shall be Trans-Tex Supply Company No. 34B, or approved equal, an6 shall be Installed with top flush with finished ground sufface. END OF SECTION 109-1 SECTION 110 - REPLACEMENT OF BASE COURSE AND PAVING A. General: Where existing paving and/or base course is cut or removed, it shall be replaced in accordance with these specifications. It is the intent of these specifications that in all cases where an existing pavement or base course is cut, that it shall be replaced under this contract to a condition • equal to or better than the condition which existed immediately prior to this construction. Trench backfill and replacement of grave! driveways shall be as specified in Iti-m No. 103 - Excavation and Backfill. Replacement of surfaced driveways shall be as specified below for streets. B. Asphaltic Pavement Replacement: In the replacement of asphaltic surfacing, the edges of the existing surfacing on either side of the trench shall be trimmed to straight parallol lines by cutting along a chalk line or other sat- isfactory method with a concrete saw or other approved method. The base shall be shaped so an asphaltic surface course of one and one-half (1-1/2") Inches will be obtained. The base shall be swept clean of all loose material and primed by spraying with from 0.2 to 0.3 gallons per square yard of cut-back asphalt. Hand spraying or mopping will be permitted. The surfacing material shall be spread, thoroughly raked, levelled, and rolled with a five (5-T) ton, or larger, flat wheel roller. Care shall be exercised to replace the pavement to the proper cross section and elevation. Any high or low areas appearing during or after rolling shall be corrected by loosening the surface and then adding or removing the proper amount of asphaltic concrete and then re-com- pacting the surface. The edges of the new surfacing, after initial rolling, shall be from one-fourth (1/4") inch to threarelghts (31811) Inch above the old surface to allow for further compaction. Asphaltic concrete for re"lacing pavement cuts shall be premixed lime- stone rock asphalt equal to "Flexmix" Type B Surface Course, as produced by Uvalde Roca Asphalt Company, of San Antonio, Texas. The Contractor shall submit samples and specifications of the material he proposes to use to the Engineer for approval prior to ordering shipment of such material. C. Flexible Base Replacement: (1) Motgrial: At any location where flexible base material is cut by the pipe trench, such material shall be replaced to a depth equal to the existing bass course, but in no case shall the replaced base have a compacted thickness of less than 6" even if the existing base was thinner than 611. The replaced base course material shall be "Crushed Stone", and shall comply with the latest THD specifications, Item 242. This specification Item Is a standard specification contained in the 1962 Standard Specifications for "Road and Bridge Construction". For convenience, some of the more essential portions of the THD speci- fications are as follows: 110-1 CRUSHED STONE Soil Constants LL - not to exceed 40 PI - not to exceed 12 Gradation Ret. on l 3/4" 0% • Ret. on No. 4 - 45 to 759. Ret. on No. 40 - 60 to 95% Material source shall be tentatively approved by the Engineer before delivery of any material to the job site. (2) Construction Procedure: The subgrade on which base material is replaced shall be thoroughly compacted and finished to a uniform grade. The base material shall be wetted to approximately optimum moisture, and the moisture shall be evenly eistributed throughout the base material. The vetted base material shall be rolled with a pneumatic or vibrator type roller to 95% Standard Proctor Density. The outface of the base course shall be finished to a smooth uniform grade. END OF SECTION 110-2 SECTION 111 - HIGHWAY CROSSINGS A. General: As indicated on the Plans, the water main crosses State F-M Highway 426. The Owner will secure the necessary easements and permits for this work. The Contractor shall observe all applicable regulations and instructions as to the method of performing the work, and take all precautions for safety of property and the public. All negotiations with the Highway De- partment, except for right-of-way procurement, shall be carried on by the Con- tractor not less than five days prior to the time of his Intentions to begin work on that portion of the project. All work to be performed within the limits of the rights-of-way of the Highway Department shall be In full accordance with the requirements of the Highway Department and all precautionary and safety regulations shall be strictly observed. The Contractor shall strictly adhere to Texas Highway De- partment Specifications Form 1033 which is reproduced below. B. State Rahway Department - Form 1033 Specifications for Placing Water. Sewer. Gas and 011 Lines and Conduit Within the Right-of-Way, or Crossi_n_a State and U. S. Highways. 1. All excavations within the right-of-way and not under surfacing sball be backfilled by tamping in 6" horizontal layers or by ponding. All surplus material shall be removed from the right-of-way and the excavation finished flush with surrounding natural ground. 2. Where sodding is diaturboO by excavation or backfilling operations, such areas shall be replaced by mulch a+odding on all slopes of 2% or less. All slopes over 2% shall be replaced by block sodding. 3. Highway crossing under surfaced roads and under surfaced cross roads within the right-of-way shall be placed by boring. Boring shall extend from crown line to clown line. All lines under highways carrying pressure shall be enclosed in satisfactory casing extending from right-of-way line to right-of- way line. Gravity flow sewer lines under highways shall be cost iron pipe. 4. Where evidence Is presented indicating the Impracticability of boring or tunnelling, the District Engineer of the Highway Department may grant per- mission to cut the surfacing. In the event a cut is permitted the following conditions will govern: (a) Bac fill Materisl: All backfill material shall be stabilized with Portland Cement and mixed in a concrete mixer or transit mix equipment. If soil is used it shall be sand material free from lumps or clods, and shall be stabilized with two sacks of cement per cubic yard of soil. If sand and gravel are used, pit run material will be allowed, and it shall be stabilised with one sack of cement per cubic yard. Backfill may be mechanically tamped in a moist condition or water added to proivde a free flowing mix-ure. 111-1 SECTION III - HIGHWAY CROSSINGS A. General: As indicated on the Plans, the water main crosses State F-M Highway 426. The Amer will secure the necessary easements and permits for this work. The Contractor shall observe all applicable regulations and instructions as to the method of performing the work, and take all precautions • for safety of property and the public. All negotiations with the Highway De- partment, except for right-of-way procurement, shall be carried on by the Con- tractor not less than five days prior to the time of his intentions to begin work on that portion of the project. All work to be performed within the limits of the rights-of-way of the Highway Department shall be in full accordance with the requirements of the Highway Department and all precautionary and safety regulations shall be strictly observed. The Contractor shall strictly adhere to Tcxas Highway De- partment Specifications Form 1033 which is reproduced below. B. State His`hMv DeoartMt - Form 1033 Sgeecifications for Placing Water. Sever. Gas gild Oil Lines and Conduit Within the RlAht-of-$Uv. or CrosgIng State and U, S1 HlQhwavs. 1. All excavations within the right-of-way and not under surfacing shall be backfilled by tamping in 6" horizontal layers or by ponding. All surplus material shall be removed from the right-of-way and the excavation finished flush with surrounding natural ground. 2. Where sodding is disturbed by excavation or backfilling operations, such areas shall be replaced by mulch sodding on all slopes of 2% or lose. All slopes over 23 shall be replaced by block sodding. 3. Highway crossing under surfaced roads and under surfaced cross roads within the right-of-way shall be placed by boring. Boring shall extend from crown line to crown line. All lines under highways carrying pressure shall be enclosed in satisfactory casing extending from right-of-way line to right-of- way line. Gravity flow sewer lines under highways shall be cast Iron pipe. 4. Where evidence is presented indicating the impracticability of boring or tunnelling, the District Engineer of the Highway Department may grant per- mission to cut the surfacing. In the event a cut is permitted the following conditions will govern: (a) BBackfill Material: All backfill material shall be stablll*ed with Portland Cement and mixed in a concrete mixer or transit mix equipment. If soil is used it shall be sand material free from lumps or clods, and shall be stabilized with two sacks of cement per cubic yard of soil. If sand and gravel are used, pit run material will be allowed, and it shall be stabilized with one sack of cement per cubic yard. Backfill may be mechanically tamped in a moist condition or water added to proivde a free flowing mixture. 111-1 :At (b) Flexible Sass and Asphalt Surface: Where pavement is a flexible base and asphalt surface, the trench shall be opened to the minimum width nec- essary and backfilled to the surface level of the asphalt as specified above. Surplus backfill shall then be removed to the subgrade level and the base and surface replaced, the same as or equal to the original bass and surface. (c) Concrete Base or Surface: Where pavement is concrete or con- crete bass with other surface, the reinforcing steel shall be cut on alternate sides of the trench, and the trench opened to the minimum width necessary. Pending replacement of the concrete, the trench shall be backfilled to the sur- face level. Surplus backfill shall then be removed to the subgrade level and ! the concrete saved and broken back an extra 12 inches on each side of the trench. Lap or splice the reinforcing steel and replace the concrete with 3000 psi (5 sacks) concrete. Keep patch wet and barricaded for 48 hours. 5. Operations along highways shall be performed in such manner that all excavated material be kept off the pavements at all times, as well as all operating equipment. 6. Barricades and warning signs and flagmen wnen necessary shall be pro- vided by the Contractor. 7. One half of the traveled portion of the road must be opened to traffic at all times. C. Tunnel Construction: Pipe lines across all paved State Controlled Highways shall be installed inside a pipe casing unless otherwise directed. Casing shall be bored or tunneled and jacked into place without open cutting to the limits shown on the Plans. The pipe casing shall be installed in ficcordance with details si:own on the Plans. The hole for the casing may be bored and the casing pulled through or the casing may be jacked under the highway with the tunnel being excavated ahead of the casing as it is jacked. The tunnel diameter shall be not greater than two (211) inches larger than the O.D. of the pipe casing. After casing is in position, all voids between the casing and the adjacent earth shall be filled by pressure grouting. Grout shall be comprised of 1 cubic foot of cement and 3.5 ct!bic feet of clean fine sand, with sufficient water added to provide a free flowing thick slurry. If desired to maintain solids in the mixture in suspension, one cubic foot of commerbtal grade bentonite may be added to each twelve to fifteen cubic feet of the slurry. Grouting may be done from outside. D. Casing: Casing for highway crossings shall be smooth steel pipes gal- vanized-corrugated metal pipe, or reinforced concrete culvert pipe. Corrugated metal pipe shall comply with the latest edition of M SHO Specification M-36, corrugated Metal Culvert Pipe, and shall be not less than 12 gauge metal. Joints shall be made with corrugated metal bands if necessary to joint sections. 111-2 r x, Reinforced concrete culvert pipe shall comply with the latest edition of ASTM Specification C-76, and shall be class III, Wall B, with elliptical re- inforcement, Joints shall be made with cement mortar, pointed up smooth on the inside after caning is in place. Steel pipe casing shall be smooth, uncoated welded steel pipe with walls not less than 1/4-:nch thick. Joints, if required, shall be made by butt- welding the pipe sections before jacking or pulling Into final location. E. Inst llinz Carrier Pl2e: The cast iron carrier pipe shall be pushed ti-irough the casing In such a manner to insure watertight Joints. Wooden runners will be required inside corrugated pipe, as detailed on the Plans. END OF SECTION 111-3 SECTION 112 - CONCRETE - STRUCTURAL, BLOCKINS, CRADLE, ETC. A. General: Concrete shall be composed of portland cement, fine aggregate coarse aggregate, and water, properly proportioned and mixed as hereinafter specified. All structural concrete shall be 3000 psi; concrete for blocking, cradle, or encasement shall be 1500 psi. S. Materials: Portland cement shall conform to the specifications and tests for Type I Portland Cement of the American Society for Testing Materials, Designation C-150. Fine aggregate shall consist of natural, washed and screened sand having clean, hard, strong, durable, uncoated grains. The sand shall be of such size that all will pass a 3/8 inch sieve, at least 95% pass a 1/4 inch screen and at least 15% be retained on a No. 8 sieve. Aggregate shall not contain strong alkali, or organic material which gives a color darker than the standard color when tested In accordance with A.S.T.M. Specification Designation C4. Coarse aggregate shall be evenly graded and shall consist of sound washed and screened gravel, free of clay balls, or clean, crushed atone, having clean, hard, strong, durable, uncoated particles free from dust, clay balls, Injurious amounts of soft, friable, thin, elongated, cr laminated pieces, alkali, organic, or other deleterious matter. Coarat aggregate shall not have more than 5% passing a No. 4 sieve and the maximum size shall not exceed that hereinafter specified; maximum site is defined as being the next larger screen than the one on which 15% is retained. Water for concrete shall be clean and free from oil, acid, alkali, organic matter or other harmful impurities. Water which is suitable for drinking or for ordinary household use will be acceptable for concrete. Where available, water shall be obtained from mains of a waterworks system. C. Concrete Proportions and Consistency: Concrete shall be proportioned to give the necessary workability and strength and shall conform to the following governing requirements: Min. 28 Day Min. Cement Max. Site Max. Water Compressive Baps Per of Coarse Gals. Per Slump Strength-psi Cu, Yd. Aggregate Bait Inches 3000 5.5 1-1/2" 6.25 2-4 '.500 4.0 1-1/2" 9.00 1-3 Stabalited Backfill 2.0 3" * - * May be pit-run sand and gravel. *k Use just enough water to set-up the material. The proportions of fine and coarse aggregate shall be such that the require. ments of the following table are complied with: 112-1 Al I-Ae L" II ~I Ratio of Coarse Aggregate to Fine Aggregate on Basis of Dry and Maximum Sisoarst.AUreAate Rodded Volumes MinIM u Maximum . 3/4" 0.6 1.5 1" and ovetr 1.0 2.0 • I In no case shall the amount of coarse material be such cs to produce harshness in placing and honeycombing in the structure when fors are removed. In the determination of the amount of water required for mix, consider- ation shall be giver to the moisture content of the aggregate. The net amount of water in the mix will be the amount added at the mixer; plus the free water in the aggregate; and minus the absorption of the aggregate, based on thirty (30) minutes absorption period. No water allowance will be made for evaporation after botching. The methods of measurement of materials shall be such that the proportions of water to cement can be closely controlled during the progress of the work and easily checked at any time by the Engineer or his representatives. To avoid unnecessary or haphazard changes in consistency, the aggregates shall be obtained from sources which wfil insure a uniform quality and grading during any single day's operation and they shall be delivered to the work and handled : in such manner that the variations in moisture content will not interfere with the steady production of concrete of reasonable degree of uniformity. All sources of supply shall be approved by the Engineer, All materials shall be separately and accurately measured. Measurement may be made by weight or by volume, as may be elected by the Contractor; however, all equipment for measurement of materials shall be subject to approval by the Engineer. The proportions of the mix shall be such as to produce concrete that can be paddled roadily Into the corners and angles of the forma and around the rein- forcing without excessive spading or vibrating, and without segregation or un- due accumulation of water or laitance on the surface. D. Piscine Concrete: The Contractor shall give t';a Engineer sufficient ad- vance notice before starting to place concrete In any unit of the structure to permit the inspection of forma, the reinforcing steel placement, and pre- paration for pouring. Unless authorized by the Engineer, no concrete shall be placed In any unit prior to the completion of all form work and the placement of all reinforcement for that unit. The sequence of placing concrete shall be as provided on the plans or in the specifications. The operation of depositing and compacting the concrete shall be conducted so as to form a compact, dense, impervious mass, %f uniform texture which will show smooth faces on all surfaces. The placing shill be so regulated that the pressures caused by the plastic concrete shall not exceed the loads used in the design of forms. 112-2 ,n L_ I _Ak Careful attention shall be given by the Contractor to the proper curing of all concrete. E. Reinforcing Steel: Reinforcing steel shall be billet steel, Intermediate grade, deformed tars, conforming to A.S.T.M. Specification A.15. All mill scale shall be removed before placing and bars shall be kept clean until con- crete is placed. The steel shall be placed in the forms as shown on the plans and shall be maintained in place by wiring or by any other effective means ap- proved by the Engineer. F. Blocking of Pipe and Fittings: Concrete blocking shall be placed at bends, tees, Wyss, crosses, plugs, etc. The concrete blocking shall be placed so as to rest against firm undisturbed trench walls. The supporting area for each block shall be sufficient to withstand the thrust, Including water hammer. Each block, except these for upward thrusts, shall rest on a firm, undis- turbed foundation of trench bottom. Blocking at bends shall be computed based upon pipe thrust at bands, or tees, with pressure at maximum expected to occur. The Lngtneers will provide schedule showing sizes of concrete blocking as needed. Where upward thrusts are to be blocked, the concrete blocking shall be of sufficient weight to resist the thrust and the concrete shall be reinforced as directed by the Engineer. The concrete blocking shall be placed against undisturbed trench walls, with a miniw"3 of 18 inches between trench wall and pipe. Blocking shall extend a minimum of 0.75 x pipe diameter below and above the center line of pipe and shall not extend beyond any joints. If requested by the Engineer, the ends of the thrust blocks shall be contained in wood or metal forms. Where upward thrusts are to be blocked, the concrete shall be formed from the center line of pipe upward. END OF SECTION 112-3 SECTION 113 - HYDROSTATIC TEST AND STERILIZING OF WATER LINES A. General: After the pipe has been laid and backfilled, but prior to re- placement of pavement, each valved section of newly laid pipe shall be sub- jected to a hydrostatic pressure test by raising the pressure in the various sections of the line, between main line valves, so that the pressure in the lowest point of the section being tested is 150 pounds per square inch. Ad- justment as required shall be made for differential in elevation between the low point of the section being tested and center line of pressure test gauge. B. Procedure: The test shall be made against valves when available, or by placing temporary bulkheads in the pipe, and filling the line slowly with water. fare shall be used to see that all air vents are open during the filling. After the line, or section thereof, has been completely filled, it shall be allowed to stand under a slight pressure for at least 48 hours to allow the lining to absorb what water it w!l1 and to allow the escape of air from any air pockets. During this period, the bulkheads, valves, manholes, and connections shall be examined for leaks. If any are found, these shall be stopped or, in the case of valves in the main line or bulkheads, provision shall be made for measuring the leakage during the test. The water necessary to maintain the test pressure shall be measured through a meter or by other means satis- factory to the Engineer. Contractor shall furnish all necessary equipment and make tests at his expense. Before applying the specified test pressure, all air shall be expelled from the pipe. In the event it is necessary to expell air from high points other than where taps are provided, the Contractor may tap the line for this purpose and afterwards tightly plug the tap. No extra compensation wfll be made for these taps. C. Examination under Pressure: During the last two hours of the teat, the entire route of the pipe line shall be inspected to locate any leaks or breaks. Any defective joints, cracked or defective pipe, fittings, or valves, discovered in consequence of this pressure test shall be removed and replaced with sound material in the manner provided and the test shall be repeated until satisfactory results are obtained. Any and all noticeable leaks shall be repaired regardless of whether the actual leakage is within the allowable. D. Permissible Leakages No pipe installation will be accepted until the leakage is less than the number of gallons per hour as determined by the following formula: 1rN D V P~ 1,850 Where L equals the allowable leakage In gallons per hour; N equals the number of joints in the length of pipe tested; D equals the nominal diameter of the pipe in inches; and P equals the average test pressure in pounds per square inch. 113-1 Agik'OA Q4" Based on this formula the permissible leakage per 100 pipe joints per hour, at an average test pressure of 150 psi, is as follows: Pipe Size Permissible Leakage per 100 • Joints in GPH Q 150 pal) 210 1.33 401 2.65 61+ 3.97 gn 5.30 10'+ 6.62 Should any test of pipe in place disclose leakage greater than that specified, the Contractor shall at his own expense locate and repair the de- fective joints until the leakage Is within the specified allowance. E. Leakage Defined: Leakage is defined as the quantity of water to be supplied into the newly laid pipe, or any valved section of it, necessary to maintain the specified leakage teat pressure after the pipe has been filled with water and the air expelled. F. Sterilizing of Mains: The Contractor shall sterilize all new Heins, fur- nishing all labor, equipment and material necessary to the complete aterilt- zation of the mains as herein provided and the satisfaction of the Engineer. • Mains shall be sterilized by the application of a chlorinating agent into the water used for the initial filling of the mains. The chlorinating agent may be a chlorine gas-eater mixture, calcium hypochlorite in water, or chlorinated lime of known chlorine in water and shall be fed through a suitable solution feed device. The chlorinating agent shall be applied at or near the beginning point from which the main is being filled and shall be injected into the main through a corporation cock tapped into the horizontal axis of the newly laid pipe. The water being used to fill the line shall be controlled to flow into the section to be sterilized very slowly and the rate of application of the chlorinating agent shall be in such proportion to the rate of water entering the pipe that the chlorine dose applied to the water shall be at least 50 parts per million. The chlorine-treated water shall be retained in the main until the completion of the pressure test hereinbefore specified (not less than twenty-four noura). After the chlorine-treated water has been retained for the required time, it shall be discharged from the pipe and replaced with City water direct from a City main. A sample of water from the sterilized main shall be taken (not through a fire hydrant) from a suitable tap under the supervision of the En- gineer and submitted to the City Chemist for analysis. If the test shows a satisfactory quality of water, the line so sterilized may then be placed into service. If the sample shows unsatisfactory quality of water, the process of sterilization shall be repeated until a satisfactory water is obtained. END OF SECTION 113-2 F a gg& SECTION 114 - PROJECT MAINTENANCE AND CLEANUP A. General: During the prosecution of the work, the Contractor shall main- tain the project site in orderly and acceptable manner. Upon completion of any unit of work, it shall be maintained by the Contractor until acceptance by the Owner. Upon the completion as a whole of any section of work covered by these contract documents dnd 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 structures and debris of every kind; and he shall leave the site of all work in a neat and orderly condition equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations approved by the Engineer. I END OF SECTION II I 114-1 1 SECTION 115 - MEASUREMENT AND PAYMENT A. General: The bid price as set forth for each and every item in the proposal shall include the furnishing of all labor, tools, materials, machinery, appliances, plant and equipment app::rtenant to and necessary for the con- struction and completion in a first class workmanlike manner of all work as herein specified in strict accordance with these specifications and accompany- ing plans. The bid price shall include any and all kinds, amount or class of excavation, backfilling, pumpin3 or drainage, sheeting, shoring and bracing, disposal of any and all surplus materials, permanent protection of all over- head, surface or underground structures; removal and replacement of any poles, conduits, pipe lines, appurtenances and connections, cleaning up, overhead expenses, bond, public liability, compensation and property damage insurance, patent fees, and royalties, risk due to the elements, and profits, unless otherwise specified. The bid price shall also include all other incidentals not specifically mentioned above that may be required to fully construct each and every item complete in place in accordance with the true intent and meaning of the speci- fications and accompanying plans. S. D,ggcription of Pay Items: The numbers as listed here correspond with the ,lumbers in the Proposal. 1. and 2. Furnish and Install Cast Iron Pipe: Cast iron pipe of each size will be measured from center of fitting to center of fitting, or end of pipe, without any deduction for intermediate fitting or valves. Payment will be made at the unit price bid per foot and shall be full compensation for all incidental work required, including concrete bloc'ting, in accordance with the Plana and Specifications. Payment for cast iron fittings will be made under a separate Bid Item. 3. acid 4. Furnish and Install Gate Valve: Payment for gate valves will be made at the unit price bid each, which price shall include the cost of the valve, valve box, and labor, complete in place. 5. Furnish and Install cast Iron Fittings: Fittings shall be paid for at the unit price bid per ton, which price shall include the cost of the fitting and all other expenses incurred to Install. Measurement will be the actual weight of fittings used, exclusive of bolts, gaskets, etc. 6. Furnish sad Install Taps: Payment for 3/4-inch tapA will be made at the unit price bid, and shall be full compensation for making the tap and furnishing and installing the 3/4-inch corporation stop. 7. Furnish and Install Copper Pipe: The unit price bid for this item shall be full compensation for furnishing and installing 3/4-inch copper pipe, making connections at each and, and backfilling trench. Measurement will be the actual amount used. 115-1 0. Furnish and Install Meter B : The unit price bid for this item shall be full compensation for furnishing and installing 3/4-inch curb stop and 18-inch diameter meter box. 9. Stabilized Backfi.1 Material: Payment for stabilized backfill mater- let will be at the unit price bid per cubic yard, complete in place. Measure- ment will be based on the calculated volume for minimum trench width. 10. Flexible Base Aeola~ nt: Payment for flexible bass (crushed stone) replacement will be at the unit price bid per square yard. Measurement will be calculated based on the length of the replaced section and a minimum trench width. Payment for base replacement in both streets and driveways will be made under this item. It. A4Rhalt Pavement Revlas ement: Payment for pavement replacement will be at the unit price bid per square yard. In determining the pay quantity only a minimum :ranch width will be considered. No compensation will be made for replacing damaged pavement outside this area. The unit price per square yard shall cover all cost of the 1~" HMA, handling traffic, flares, etc., all as specified. 12. Highway Crossing: Payment for highway crossing will be made at the lump sum price bid per linear foot, and shall be full compensation for • furnishing and installing the casing under the highway, and all extra labor and material costs involved in installing the cast iron pipe inside the casing. Payment for the cast iron carrier pipe will be made at the unit price bid for f Item No. 1. 13. Furnish and Install Fire Hydrants: Payment for fire hydrants will be made at the unit price bid each, and will be full compensation for installing the hydrant in accordance with details shown on the Plana. Payment for 6-inch cast iron pipe and 6-inch gate valves All be under separate items. 14. Concrete Cradle and Encasement: Payment for 1500 psi concrete cradle and encasement will be made at the unit price bid per iubic yard. Heasurenent will be calculated based on s minimum trench width. C. Rock Excsvation: Noseparste payment will be made for rock excavation. The cost thereof shall be included in other unit prices bid. _ No separate payment will be made for the hydrostatic D. Hvdrostat~i Test: test. The cost of the test shall be included in the bid price for pipe in place. E. SterilizNo separate payment will be made for the sterilizing. The cost shall be included in the unit price per foot of pipe. F. Concrete Blocking: No separate payment will be made for concrete blocking. The cost of all blocking requirod for fittings shown on the plans shall be in- eluded in the price for pipe laying, etc. END OF SECTION 115-2 i