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SI'FCEF'ICATIONS AND DOCUSIENTS MUNICIPAL ELIX-rRIC GENERATING STATION CITY OF DENTON, YEXAS j IMPROVEMENTS TO UNITS 1 AND 2 COOLING TOWER SPECIFICATION 4404 • M•1011 CONTRACT ISSUE TILE MARLEY COMPANY 222 West Gregory Boulevard Kansas City, Missouri 64114 BLACK A VVATCII Q)multing Engineers Kansas City, Missouri 1971 t 401 SPECIFICATIONS AND DOCUMENTS hUNICIPAL ELECTRIC GENERATING STATION CITY OF DENTON, TEXAS IMPROVEMENTS TO UNITS 1 AND 2 COOLING TOWER SPECIFICATION 4904 - M-10B ADDENAIT1 1 January 14, 1971 Each bidder shall note these revisions to the contract dccuments and in- corpurate these revisions in his proposal. Each bidder shall attach a signed acknowledged copy of this entire addeninm in the front of the specifications submitted with hie proposal. This addendum consists of this page and new Pages C-3, C-4, 2A-3, and 2A-4. 1. Page C-3. Delete this page in its entirety and insert in its place new Page C-3 attached to this addendum. 2. Page C;4. Delete this page in its entirety and insert in its place new Page C-4 ittached to this addendum. 3. Page 2A-3. Delete this page in its entirety and insert in its place new Page 2A-3 attached to this addendum. 4. PLr e,2A-4. Delete this page in its entirety and insert in its place new Page 2A-4 attached to this addendum. BLACK 6 VEATCH Consulting Engineers ACKNOWLEDGMENT The undersigned bidder hereby certifies that the revisions set forth in this addendum have been incorporated in his bid and are a part of the contract documents. Signed Date (DENTON, TEXAS - 4904 ) (COOLING TOWER IFFY ROVEMENTS - M-10B) (ADDENDUM l ) 011471 Item IVB. For replacing the existing louvers and installing notched supports as specified under Item IVB in Part 2 of these specifications: Y` (Price in Words) Item IVC. For deleting the splashboards under Item 1 and replac- ing the existing louvers as specified under item IVC in Part 2 of these specifications: - (Price in Words) Item VA. For rebuliding the existing flow control valves and per- formiag the work as specified under Item VA in Part 2 of these specifications: (S ) (Price in Words) Item VB. For furnishing new flow control valves and performing the work as specified under Item VB in Part 2 of these specifications: 0 ) (Price in Words) It is understood that the Owner reserves the right to accept any combination of the above Items 1, IIA, or IIB, I1I0 1VA, or IVB or IVC, and VA or VB for furnishing the materials and performing the work Included in those items. The undersigned proposes that he will perform the majority of the work with his own forces and that specific portions of the work not performed by the undersigned will be subcontracted by the following subcontractors: Work Subcontracted Name of Subcontractor (DENTON, TEXAS - 4904 ) (COOLING TOWER IMPLOVEMENTS - M-10B) C-3 (ADDENDUM 1 ) 011471 The undersigned hereby declares that only the persons ur firms interested in the Proposal as principal or principals ere named herein, and that no other persons or firms than herein mentioned have any interent in this Proposal or in the Contract Agreement- to be entered into; that thl" Proposal is made without connection with any other person, company, or liarties likewise sub- mitting a bid or proposal; and that it is in all respects for and in good faith, without collusion or fraud. If this Proposal is accepted, the undersigned bidder agrees to start and complete the work in accordance with the schedule speclfled in Section IA. The undersigned fully understands that the time of completion of the vork is of the essence. Dated at _ this day of 1971. Bidder (SEAL) By Title Attest: Business Address of Bidder y ` State of Incorporation Address of Principal Office (DENTON, TEXAS - 4904 ) (COOLING TOWER IMPROVEMENTS - M-108) (ADDENDUM 1 ) 011471 C-4 Remove the diffusion decks and Install new plastic target nozzles in holes Remove existing transverse partitions and 1-1/2 by 4 studs between cells from the louvers to the eliminators and replace with 1/2 by 6 treated redwood and stainless steel nails and new treated studs Remove the existing splashboards behind the louvers and replace with 3/8 inch fir plywood using stainless steel nails Remove 20 per cent of the 1-1/2 by 6 transverse girts at level No. 5 from the column inside the plenum out to near the louvers and replace with treated redwood and re-use existing bolts where satisfactory All four cells of fan desk side stud columns and wells shall be removed from both sides of the fan deck and replaced with full length treated 4 by 4 columns and 1-1/2 by 10 hot water basin walls and corrugated cement asbestos walls. Re-use bronze bolts where satisfactory and new stainless stee'. nails and lag screws. The hot water basin walls shall be resealed at the basin floor level. Remove endwalls from both ends of tower and replace center columns full height to tower and the top 18'-0" of columns on each side of center and the transverse girts on the inside of columns at all levels. Replace the endwalls and provide an access door at each end. Reattach the existing stairway at the same location and re-use the existing hand and knee rails. Replace the rungs in the eight ladders from the fan deck to the walkway. There are three rungs per ladder, each measuring 1-5/8 inch by 14-3/4 inches. The replacement rungs shall be pretreated. 2A.5.2 Item II. Alternate proposals shall be submitted for the following work in addition to the work listed under Item I. 2A.5.2.1 Item IIA. The four existing fan cylinders shall be removed and replaced with new cylinders. The cylinders shall be 5 feet high and shall be prefabricated of treated 3/8 inch thick laminated fir epoxy glued to redwood framing and fastened together with bronze bolts, nuts, and washers. New bronze anchor bolts shall be furnished and installed. 2A.5.2.2 Itim IIB. The four existing fan cylinders shall be removed and replaced with molded glass reinforced plastic fan cylinders 5 feet 6 inches high, using stainless steel bolts, nuts, and washers. New stainless steel anchor bolts shall be furnished and installed. (DENTON, TEXAS - 4404 ) (COOLING TOWER IMPROVEMENTS - M-10B) (ADDENDUM 1 ) 2A-3 011'471 2A.5.3 Item III. The existing fan deck shall be removed and shall be re- placed with-IZ]/2 by 6 tongue and groove flooring and 2 x 4 intermediate nailers of treated redwood using stainless steel nails. This work will be performed only in conjunction with the work specified under either Item IIA or Item IIB, 2A.5.4 Item IV. Alternate proposals shall be submitted for the following work in addition to the work lisrei under Item I. 2A.5.4.1 Item IVA. The existing 112 by 6 louvers shall be removed and new treated redwood louvers of the same size and quantity installed. There are 2752 louvers to be replaced. 2A.5.4.2 Item IVB. The existing 112 by 6 louvers shall be removed aid new 8 oz corrugated glass reinforced polyester louvers including notched 1-1/2 by 4 treated redwood supports shall be fastened to the face of all louver poste. 2A.5.4.3 Item IVC. Delete the splashboards under Item I. The existing 1/2 by 6 louvers shall be removed and new 3/8 inch thick cement asbestos corrugated wide spaced vertical louvers complete with plastic hanger bars shall be installed. 2A.5.5 Item V. Alternate proposals shall be submitted for the following work in addition to the work listed under Item 1. 2A.5.5.1 Item VA. The eight existing 16 inch Marley flow control valves shall be removed, completely rebuilt, and installed. New parts for the valves shall include, but not be limited to stainless steel valve stems, cast iron discs, stem guides, gaskets, and valve body gaskets and seats. 2A.5.5.2 Item VB. The eight existing 16 inch Marley flow control valves shall be removed and shall be replaced with new flow control valves that are adaptable to the existing pipe and cast iron adapters. 2A.6 CLEANUP AND DISPOSAL OF DEBRIS. All trash, waste materials, packing crates, and other construction debris shall be piled neatly beside the tower. The debris will be disposed of by the Owner. Upon completion of the work, the Contractor shall remove from the premises all of his tools, equipment and surplus material, unless otherwise directed in writing by the Owner. 2A.7 PERFORMANCE CURVES. Performance curves shall be submitted showing expected cooling tower performance after the repairs and modifications have been completed. Three separate curve sets shall be furnished; one each for 90, 100, and 110 per cent of the design condition circulating water flow. Each set shall show wet bulb temperatures (50 F to 90 F) plotted as abscissae and water temperatures from the tower plotted as ordinates. A curve shall be shown for the design condition water temperature range with additional curves for each full degree range to approximately 5 degrees above and 5 degrees below the design conditions range. The curves shall indicate (DENTON$ TEXAS - 4904 ) (COOLING TOWER IMPROVEMENTS - M-10$) (ADDENDUM 1 011471 ) 2A-4 1. • a irl' , ra r~ *k, r 4d a 4 1! rf ~ , S%4 3 t r a s '3. CITY OF DENTON~ TEXAS HIMICIPAL ELECTRIC GENERATING STATION SPECIFICATIONS AND DOCUMENTS rOR IMPROVEMFMS TO UNITS 1 AND 2 COOLING TOWER Specification 4904 M-10B TABLE OF CONTENTS Page thiu Page BIDDING REQUIREMENT'S Advertisement A-1 A-2 Instructions to Bidders B-1 B-4 Proposal C-1 C=5 Proposal Data D-I CONTRACT FORMS F Contract Agreement CA-1 CA-2 Performance Bond PB-1 PB-2 < CONTRACT REGULATIONS ~a General Conditions OC-1 CC-15 Special Conditions SC-1 SC-6 SPECIFICATIONS PART 1 GENERAL REQUIREMENTS Section 1A Description and Scope of Work IA-1 1A-2 1B - Construction Services 1B-1 1B-2 PART 2 - TECHNICAL REQUIREMENTS Section 2A - Cooling 'Coster Ropair and Modification 2A-1 2A-5 APPENDIX Addendum 1 dated January 140 1971 t (D£NTONg TEXAS - 4904 ) (Oi?OLING 'COSIER IMPROVEMENTS - M-10B) 010171 TC-1 ADVERTISEMENT IMPROVEMENTS TO UNITS 1 AND 2 COOLING TOWER FOR DENTON, TEXAS Scaled bids will be received by the City of Denton, Texas, at the office of the Purchasing Agent, prior to 2:00 p.m. Central Time on February 2, 1911 then publicly opened. for repairing and modifying one existing cooling tower. Prespeztive bidders may examine copies of the specifications at the office of black b Veatch, Consulting Engineers, 1500 Meadow Lake Parkway, Kansas City, Missouri. Specifications will be issued only to those bidders who have been deter- mined by the City of Denton, Texas, to be qualified to bid. Determination of a prospective bidder's qualifications will be based entirely on written evidence submitted by the bidder in duplicate to the City and the Engineer not later than 21 days before the time set for opening the bids. Each prospective bidder shall submit evidence that he: Has adequate plant equipment available to do the work properly and expeditiously. Has an adequate financial status to meet financial obligations incident to this work. Has adequate technical knowledge and practical experience. Has no just or proper claims pending against him on other similar work. Has designed, manufactured, and repaired three or more units of a similar type and rating, operating under equal or more severe ser- vice conditions than the equipment specified, and each of which has been in successful commercial operation for 3 or more years in central station power plants within the United States. The evidence shall consist of a selected listing of the units, indicating the owner's name, location, date of initial operation, rating, operating con- ditions, and type. The listing shall be specially prepared for this particular bidding and shall list only those units falling under the above requirements. (DENTON, TEXAS - 4904 ) (COOLING TOWER IMPROVEMENTS - M-IOB) 010171 A-1 ^ R Qualified prospective bidders may ot'sin copies of the specifications from the Consulting Engineers (mailing address - Black & Veatch, P. 0. Box 8405, Kansas City, Missouri 64114). All bids must be made on printed contract document forms Included in the specifications. When filed with the Purchasing Agent, each bid shall be accompanied either by an acceptable bidder's bond, a certified check, or a cashier's check on any solvent bank, the amount of which shall be not leas titans ericentof tho amount of the bid. The bid security shall be made payable to City Treasurer of the City of Denton, Texas. Bid security of tho successful bidders will be returned when their contracts have been signed, filed with, and approved by the City. Bid security of unsuccessful bidders will be returned on award of contract or rejection of bids. No bid may bo altered, withdrawn, or resubmitted within 60 days from and after the date set for the opening of bids. The City of DenLun, Texas, reserves the right to reject any and all bids and to waive defel.ts in bids. CITY OF DENTON, TEXAS John Marshall Purchasing Agent . (DENTON, TEXAS - 4904 ) (COOLING TOWER IMPROVEMENTS - M-IOB) A-2 010171 - - IN:;TRUCTIONS TO BIDDER11 B.1 CEN MAL. These instructions apply to the preparation of proposals for equipment, materials, and related work for the City of Deritor, Texas, ri^tin,g through its Public Utilities Board and City Council hereinafter referred to as the "Owner". ' B.2 PROPOSALS. Proposals shall be prepared and submitted in duplicate, each copy containing a complete boim d copy of these contract documents. Proposals which are not prepared in ac^ordance with these instructions ar which are submitted without a complete bound copy of these contract docu- ments will imply that the bidder does not intend to comply with all of the contract conditions and such proposals will be considered irregular. B.2.1 Preparation. Each proposal shall be carefully prepared using the proposal and data forms bound herewith. Entries on the proposal and data forms shall be typed, using dark black ribbon, or legibly written in black ink. All prices shall be stated in words and figures except where the forms provide for figures only. Each bidder shall list in the space provided in the proposal form F'11 exceptions or conflicts between his proposal and the contract documents. If more A;ace is required for this listing, additional pages may be added behind t.,e proposal form. If the biddar takes no exception to the con- tract documents, he shall write "None" in the space provided for the list- ing. Proposals which do not comply with this requirement will be considered irregular and may be re,ected at the discretion of the Owner. In case of . conflicts not stated as directed, these contract documents shall govern. The bidder shall not alter any part of the contract documents in any way, except by stating his exceptions in the space provided on the proposal form. The bidder shall staple or otherwise bind, with each bound copy of con- tract documents submitted, a signed copy of each addendum issued for these contract documents during the bidding period. The bidder shall assemble all drawinga, catalog data, and other supplementary information necessary to thorov g,ly describe materials and equipment covered by this Proposal, and shall attach such supplemental information to the bound copy of these contract documents submitted with the Proposal, B.2,2 Signatures. Each bidder shall sign the Proposal with his usual signature, and shall give his full business address. Bids by partnerships shall be signed with the partnership name followed by the signature and designation of one of the partners or other authorized representative. Bids by a corporation shall be signed in the name of the corporation, followed by the signature and designation of the president, secretary, or other person authorizet] to bind the corporation. The names of all persons signing should also be typed or printed below the signature. (DENTON, TEXAS - 4904) 102T69 B-1 A bid by a person who affixes to his signature the word "president", "secretary", "agent", or other designation, without disclosinj; h1 s principal, will b.: rejected. When requested, sutisfar:tory evidence of the authority of the officer signing in behalf of the corporation shall be furnisheu. Bidding corporations shall designate the state in which they are incorporated and the address of their principal office. B.2.3 Submittal. Proposals shall be submitted in sealed envelope addressed to the CITY OF DENTON, TEXAS, Attention: Purchashing Agent, and endorsed on the outside of the envelope with the bidder's name and the name of the work bid upon. B.2.4 Withdrawal. Proposals may be withdrawn, altered, and resubmitted at any time before the time set for opening the bids. Proposals may not be withdrawn, altered, or resubmitted within 60 days thereafter. B.3 PROPOSAL GUARANTEE. Each proposal shall be accompanied by a certified check or cashier's check drawn on any solvent bank, or by an acceptable bidder's bond executed by the bidder and a surety company authorized to do business in the State of Texas in an amount of not less than 5 per cent of the total bid. The proposal guarantee shall be made payable without condition to the City Treasurer of the City of Denton, Texas, and the amount thereof may be retained by said City of Denton, Texas, as liquidated damages if the bidder's proposal is accepted and the bidder fails to enter into contract in the form prescribad, with legally responsible surety, within 10 calen- dar days after the date he is awarded the contract. The proposal guarantee of each unsuccessful bidder will be returned after award of contract or when his proposal is rejected. The proposal guarantee of the bidder to whom tae contract is awarded will be returned when said bidder executes the Contract Agreement and files a satisfactory Performance Bond. The proposal deposit of the second lowest responsible bidder may be retained for a period not to exceed 60 days pending the execution of the Contract Agreement and Performance Bond by the successful bidder. B.4 INFORMATION TO BE SUBMITTED WITH PROPOSAL. Each bidder shall submit with his proposal the name of manufacturer and the type or model of each principal item of equipment or material he proposes to furnish. He shall also submit therewith drawings and descriptive matter which will sh:w general dimensions, principle of operation, and the materials from which the parts are made. Any bid not having sufficient descriptive matter to describe accurately the equipment or materials bid upon will be rejected as irregular. The above drawings submitted by the successful bidder will be retained by the Owner. Any material departure from these drawings as submitted ui11 not be permitted without written permission from the Owner. (DENTON, TEXAS - 4904) 042969 B-2 Verbal statements made by the bidder at any time regarding juality, quantity, or arrangement of equipment will not be cons lslr.,red. If alternate equipment or materials are indicated in the Proposal, it shall be understood that the Owner will have the option r)r 3clecting any one of the alternates so indicated and such selection nhall not be cruse for extra compensation or extension of time. B.5 TAXES, P^ftnl'8, AND LICENSES. The bid price stated In the Proposal shall include all taxes, permits, sad licenses which migtit be lawfully assessed against the Owner or the bidder on the date of the Proposal. This shall includo: Federal, State, and local taxes, use taxes, occupa- tional licenses, ind other similar taxes, permits, and licenses appli- cable to the specified work. The successful bidder will be compensated for any increase in tax rates, license fees, and permit fees or any new taxes, licenses, or permits imposed after the da'.s of the Proposal; provided however, that this pro- vision shall be limited to sales, ULe, excise, and other ad valorem taxes assessed against the completeu work and to licenses and permits required specifically for the proposed work. It shall be the bidder's responsibility to determine the applicable taxes, permits, and licenses. If the bidder is in doubt as to whether or not a tax, permit, or license is applicable, he shall state in his proposal whither th13 item has been included in his bid price and the amount of the applicable tax, permit, or license in question. B.5 TIME OF COMPLETION. The time of completion of the work is a basic consideration of the Contract. 's'he Proposal shall be based upon com- pletion of the work in accordance with the specified schedule. It Will be necessary that the bidder satisfy the Owner of his ability to complete the work within the stipulated time. In this connection, attention is called to the provisions of the attached General Conditions relative to delays and extensions of time, B.7 BOND. The contractor to whom the work is awarded will be required to furnish a Performance Bond to the City of Denton, Texas in an amount equal to 100 per cent of the contract amount, The cost of the bond shall. be included in the lump sum bid price. The bond shall be executed on the forms provided, copies of which are attached hereto, signed by a surety company authorized to do business in the State of Texas and acceptable as surety to the Owner. With tha bond shall be filed copies of "Power of Attorney", certified to include the date of the bond. B,6 LOCAL CONDITIONS. If the work includes field construction, fur- nishing field labor, or furnishing of field supervision, each bidder shall visit the site of the work Fund thoroughly inform himself of all conditions and factors which would affect the prosecution and completion of the work and the cost thereof, including the arrangement and condi- tions of existing or proposed structures affecting or which are affected (DENTON, TEXAS - 4904) 042969 B-3 by the proposed work, the procedure necessary for maintenance of unin- terrupted operation, the availability and cost of labor, and facilities for transportation, handling, and storage of materials and equipment. It must be understood and agreed that all such factors have been properly investigated and considered in the preparation of every proposal sub- mitted, as there will be no subsequent financial adjustment, to any contract awarded thereunder, which is based on the lack of such prior information of its effect on the cost of the work. B.9 INTERPRETATION OF SPECIFICATIONS. If any prospective bidder is in doubt as to the true meaning of any part of the proposed contract documents, he may submit to the Engineer a written request for an interpretation thereof. Tire person submitting the request will be responsible for its prompt del!very. Any interpretation of the proposed documents will be made only by addendum duly is~.ued, end a copy of such addendun will be mailed or delivered to each •,,erson receiving a set of such dcr_vrients. The Owner will not be responsible for any other explanations, of interpre- tations of the proposed documents. It shall be the responsibility of the bidder to advise the Engineer of conflicting requirements or omissions of information wrath are necessary to a clear understanding of the work before the date set for opening bids. Those questions not resolved by addenda shall be listed in the bidder's proposal, together with statements of the basis upon which the proposal is made as affected by each question. B.10 ACCEPTANCE AND REJECTION OF BIDS. The Owner reserves the right to accept the bid which, in its judgment, is the lowest and best bid; to reject any and all bids; and to waive irregularities and informalities in any bid that is submitted. Bids received after specified time of closing will be returned unopened. (DENTON, TEXAS - 4904 ) (COOLING TOWER IMPROVEMENTS - M-10B) B-4 010171 PROPOSAL City of Denton, Texas City Nall Der.t.on, Texas Attention: Mr. John Marshall, Purcl:nsing Agent PROPOSAL FOR IMPRovmN'rS TO UNITS 1 AND 2 COOLING TOWER BID NO. 71-7522 Gentlemen: The undersigned bidder having read and examined these specifications and associated contract documents for the above designated shipment does here- by propose to furnish the equipment and materials and perform the work set forth in this Proposal. All prices stated herein are firm and shall not be subject to escalation provided this Proposal is accepted within 60 days. The undersigned hereby declares that the following list states any and all variations from, and exceptions to, the requirements of the contract docu- ments and that, otherwise, it is the intent of this Proposal that the work will be performed in strict accordance with the contract documents. NONE (Continued on Page 0-5) (DCNTON, TEXAS - 4404 ) (COOLING TOWER IMPROVEMENTS - M-10$) C-1 010171 LUMP SUN PRICES. The undersigned bidder hereby proposes to furnish all labor, labor super- vision, tools, and materials required to repair and modify the existing Units 1 and 2 Cooling Tower in accordance with these specifications and • associated contract documents listed in GENERAL CONDITIUhS, Article GC-1, for the following firm lump sum prices: item I. For furnishing the materials and performing the major repair and modification work complete as specified under Item I in Part 2 of these specifications: Fifty Fight Thousand, Six Hundred Thirty-Five Dollars 58,635.00 } (Price in Words) Item IIA. For furnishing four wooden fan cylinders and performing the work complete as specified under Item IIA in Part 2 of these specifications: Five Thousand. Fight Hundred Fifty-Four Dollars 5,854.00 ) (Price in Words) Item 113, For furnishing four glass reinforced plastic fan cylinders and performing the work complete as speci- fied under Item IIB in Part 2 of these specifications: Nine Thousand Two Wwdred Forty Six Dollars (S 9,2'46.o0 ) (Price in Words) Item III. For replacing the existing fan deck as specified under item III in Part 2 of these specifications: Five Thousand. Six Hundred Thirty Dollars (S 5,630.00 ) (Price in Words) item IVA. For replacing the existing louvers as specified under Item IVA in Part 2 of these specifications: Four Thousand, Eight Hundred Five Dollars {S 4,805. Of) ) (Price in Words) 'I(Yrr: Item N1 price of $58,635.00 cont,nins $'f'i0.h0 for rerroniarce fact-- ff test rat renuire,I then th(° "f1,)0.00 c, n tr, deducted. (DENTON, TEXAS - 4904 ) !ODOLING TOWER IMPROVEMENTS - M-10B) 010171 G-1 -71 Item IVB. For replacing the existing louvers and installing notched supports as specified under Item IVB in Part 2 of these specifications: Seven Thousand, Four Hundred Forty-Three Dollars 7 w4 b 3.00 ) (Price in Words) Item IVC. For deleting the splashboards under Item I and replac- ing the existing louvers r.s specified under Item IVC in Part 2 of these specifications: Thirteen Thousand Five Hundred Six Dollars _ (S 1395O6.00 ) (Price in Words) Item VA. For rebuilding the existing flow control valves and per- forming the work as specified under Item VA in Part 2 of these specifications: One Thousand. Tvo Hundred Ninety-Five Dollars 1,295.00 ) (Price in Words) Item VB. For furnishing new flow control valves and performing the work as specified under Item VB in Part 2 of these specifications: One Thousand, Fight Hundred Eighty-(one Dollars 1,881.00 ) (Price in Words) It is understood that the Owner reserves the right to accept any combination of the above Items I, IIA, or IIB, III, IVA, or 1VB or IVC, and VA or VB for furnishing the materials and performing the work included in those items. The undersigned proposes that he will perform the majority of the work with tits own forces and that specific portions of the work not performed by the undersigned will be subcontracted by the following subcontractors: Work Subcontracted Name of Subcontractor NONE NONE - (UENTON, TEXAS - 4904 ) (COOLING TOWER IMPROVEMENTS - M-108) C-3 (ADDENDUM 1 ) 011471 The undersigned hereby declares that only the persons or firms interested iu the proposal as principal or principals are named herein, and that no other persons or firms than herein mentioned have any interest In this Proposal o- in the Contract Agreement to be entered into; that this Proposal is made without connection with any other person, ccmpany, or p.7rties likewise sub- mItting a bid or proposa.t; and that it is in all I"4pccc'l for and in good faith, without collusion or fraud. If this Proposal is accepted, chc undersigned bidder agrees to start and complete the work in accordance with the schedule specified in Section IA. The undersigned fully understands tht,t the time of completion of the work is of the essence. Dated at Kansas City, Missouri this 29th day of .?anusrv_, loll. Bidder The ",nrley rilm,anv _ (SrAr ) By U. S. Ueuvscll Title Lace-Presidsrit Attest: ASST ECHJA Business Address of adder , ;22 West Gregory blvd. Kansas City, Missou- 6b114 State of Incorporation Delaware Address of Principal Office 222 West Gregory Blvd. - Kansas City, Mir ,ours 64111+ (DENTON, TEXAS - 4904 ) (COOLING TOWER IMPROVEMENTS - M-10B) (ADDENDUM 1 ) C-4 011471 Variations from, and exceptions to, the contract documents (continued from Page C-1). NON F i (DENTON, TEXAS - 4904 ) (COOLING TOWER IMPROVEMENTS - M-IOB) 010171 C_5 PROPOSAL DATA D.1 GENERAL. Each bidder shall submit complete and definitive infor- mation of his offering in sufficiont detail to permit '.,complete analysis of the bid. The requirements stated in the INSTRU(1 1u,C'f0 BILDEFS relative to information submittal shall be followed. 'ihe requirements for information contained in this section are basic requirements, Additional information shall be provided as requested by the Owner. Each bidder shall inspect the tower and determine the extent of the work required to complete the repair and modifications included in these specifications. D.2 PERFORMANCE CURVES. The tower performance curves specified in Section 27 shall be submitted with the Proposal. D.3 SUPPLEMENTARY INFORMATION. The following supplementary information shall be submitted: Complete details of materials of construction In accordance with Specifications 490441-10B as outlined in Section 2A.3 Complete details of any additional work proposed No additional work proposed (DENTON, TEXAS - 4904 ) (COOLING TOWER IMPROVEMENTS - M-10B) 010171 D-1 PR DIC1E f'ERP P4414 CE~CURVE.l; - rOR _ `lllM C ~Y 0f' C L ' 1 ` ~iff T ?N , TEXA`, f o0;g6d02-54 i I~facirl;h~__4}-3?A5.GooII _Trei - - - 264" )1-3-17 fan 70 L' 156 PJ-M Design. 304,000 GP11 3.5-'i-/G , r•_.. .Rat.. ~ - .r ~ II , e 12` I , 7 -77 o I ~.1o i I l l ,.I--~ I I i I 1 t l 1 . • JIB I i 6 7 I 7'' 8p Wet-Bulb, e,rperature 4 lip, 'I II I i I ~ CONTRACT AGREEMENT TIIIS CONTRACT AGREEMENT, made and entered into this _ day of , I97i, by and between the CITY OF DE;NTON, TEXAS, Party of the First Part and hereinafter called the "Owner", and 7HF.IMARI.EY COMPANY, a Delaware corporati"n with its principal office in Kansas City, Missouri, Party of the Second Fart and hereinafter called the "Contractor", WITNESSET11: 1'IIAT WHEREAS, the Owner has caused to be prepared, In accordance with law, specifications, plans and other contract documents for the work as herein specified; and WHEREAS, the said Contractor has submitted to the Owner a Proposal in accordance with the terms of this Contract Agreement; and WHEREAS, the Owner, in the manner prescribed by law, has determined and declared the aforesaid Contractor to be the lowest and best bidder for the said work and has duly awarded to the said Contractor a contract therefor, for the sum or sums named in the Contractor's Proposal, a copy thereof being attached to and made a part of this Contract Agreement; NOW, THEREFORE, in consideration of the compensation to be paid to the Con- tractor and of the mutual agreements herein contained, the parties to these presents have agreed and hereby agree, the owner for itself and its successors, and the Contractor for itself, himself, or themselves, or its, his or their successors and assigns, or its, his or their executors and administrators, as follows. ARTICLE I. That the Contractor shall furnish all equipment and materials and shall perform the repairs and modifications to the cooling tower serving Units 1 and 2 of the City of Denton, Texas Municipal Electric Generating Station as listed under Items f, IIA, III and VA of the Proposal complete as specified and required in accordance with the provision of the contract documents, which are attached and made a part hereof, and shall execute and complete all work included in and covered by the Owner's official award of this Con- tract Agreement to the said Contractor. ARTICLE 11. That the Owner shall pay to the Contractor for the work and nlte- rials e3_aced in this Contract Agreement, and the Contractor will accept a, full compensation therefor, the sum (subject to adjustments as provided by the contract) of SEVENTY THOUSAND SIX HUNDRED SIXTY-FOUR AND NO/100 DOLLA^5 ($70,664.00) comprised as follows: Lump Sum Bid Price - Item I $58,635.00 Lump Sum Bid Price - Item IIA 5,854.00 Lump Sum Bid Price - Item 111 5,630.00 Lump Sum Bid Price - Item VA 1,295.00 Price deduction for elimination of performance test 750.00 Total Contract Amount $70,664.00 (DENTON, TEXAS - 4904 ) (COOLING TOWER IMPROVEMENTS - M-108) Ch-' for all work covered by and included in the contract award, designated in the foregoing Article 1; payment to be made in cash or its equivalent in r.he manner provided in the specifications attaclwd hereto. ARTICLE f1I_. That time of completion is of the esse rn i, of the. Contract Agreement, and that the Contractor shall proceed with me specifies work and shall conform to the following schedule: Shipment of materials and equipment shall be made and repairs and ,iodifications shall be scheduled to assure ccmipletion not later than May 15, 1971. Work at the site slid] not be started before March 1, 1971. IN WITNESS WHEREOF, the parties hereto have executed this Contract Agree- ment as of the day and year first above written. CITY OF DENTON, TEXAS (SEAT,) By Attest THE MARLEY COMPANY (SEAL) By Attest The foregoing Contract Agreement is in correct form according to law and hereby approved. Attorney for Owner (DE11TON, TEXAS - 4904 ) (CoOiA NG TOWER IMPROVF;MENTS - M-106) CA-2 KNOW ALL HEN BY THESE PRt:SI.N15 that w-, 'IIIF; `LkRl,f.Y COMPANY of Kansas City, M;ssouri, hereinafter referred to as "Gotaracinr", :ind a corporation organtzed under the lass of the State of rind authorized to transact business in the State of 'T'exas, as "Surely' are held and firmly bound unto Lhe CITY OF DEN'TON, TEXAS hereinafter referred to as "Owner", in the penal sum of SEVENTY THOUSAND SIX HUNDRED SIXTY-FOUR AND NO/100 DOLLARS ($70,664.00), for the payment of which sum, well and truly to be made to the Owner, we bind ourselves and our heirs, executors, administrators, successors, and assigns, Jointly and severally, by these presents: WHEREAS, on the day of 19the Contractor entered into a written contract with the Owner for €urnishIng materials, supplies, and equipment not furnished by the Owner, construction tools, equipment, and plant, and the performance of all necessary labor, for and in connec- tion with the construction of certain improvements described in the attached contract documents; and WHERRAS, _t was a condition of the contract award by the Owner that these presents be executed by the Contractor and Surety; NOW, THEREFORE, if the Contractor shall, in all particulars, well, duly, and faithfully obue:ve, perform, and abide by each and every covenant, condition, and part of the sato contract, and the conditions, specifica- tions, drawings, and other contract documents thereto attachud or, by reference made a part thereof, according to the true intent and meaning in each case, then this obligation shall be null and void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if the Contractor shall fail to pay all ,j;ist claims and demands by, or in behalf of, any employee or ether person, or any firm, association, or corporation, for labor performed or materials, supplies, or equipment furnished, used, or consumed by the Contractor or his sub- contractors in the performance of the work, then the Surety will pay the full value of all such claims or demands in any total amount not exceeding the amount of this obligation, together with interest as provided by law. THE UNDERSIGNED SURETY, for value received, hereby agrees that no exten- sion of time, change in, addition to, or other modification of the terms of the contract or work to be performed thereunder, or of the specifica- tions or other contract document, shall in any way affect its obligation on this buvd, and the Surety does hereby waive notice of any such exten- sion of tiiae, change, addition, or modification. (DEN'fON, TEXAS - 4904 ) (COOLING TOWER I*TROVEMENTS - M-101:1) PS-! IN TESTIMONY W11EREUF, the C.,io ractor has hereontu set 'r,I hand and tho Surety has caused these presE-nte. to he executed in its name and its corporate seal to be affixed by its attorney-in-tact at on Oils the day of nu. MARuy COMPANY (SF.At.) By -4 (SURETY COMPANY) By _ .___-(SEAL) (Attorney-in-fact) By - - (State Representative) • (Accompany this bond with attorney-in-fact's authority from the Surety Company certified to include the date of the band.) (UNTON9 TEXAS - 4404 ) PB-7 (COOLING TOWER IWH0VU,&'NTS - M-100 GENERAL CONDITIONS GC-1. CONTRACT DOCUMENTS. It is understood and agreed that the Advertise- ment, Instructions to Bidders, Proposal, Proposal Data, Contract Agreement, Performance Bond, General Conditions, Special Conditions, Specifications, Plans, Addcnda, and Change Orders, all as issued by the Owner, and specifi- cations and engineering data furnished by the Contractor and approved by the Owner, are each included in this contract and the work shall be done in accordance therewith, GC-2. DEFINITIONS. Words, phrases, or other expressions used in these contract documents shall have meanings as follows: 1. "Contract" or "contract documents" shall include the itezws enumerated above under CONTRACT DOCUMENTS. 2. "Owner" shall mean the City of Denton, Texas named and designated in the Contract Agreement as "Party o!' the First Part", acting through its Public Utilities Board and City Council and their duly authorized agents. All notices, letters, and other communication directed to the Owner shall be addressed and delivered to Municipal Building, Denton; Texas, 30 "Contractor" shall mean the corporation, eompwW, partnership, fira► or individual, named and designated in the Contract Agree- meat as the "Party of the Second Part", who has„entered into this contract for the performance of the work covered thereby, and its, his, or their duly authorized representatives. 4. "Subcontractor" shall mean and refer only to a corporation, partnership, or individual having a direct contract with the Contractor for performing work covered by these contract docu- vents. 5. "Engineer" shall mean the flrn of Black b Veatch, Consulting Engineers, 1500 Meadow Lake Parkway, mailing address P,O, Box 8405, Kansas City, Missouri 64114 or its duly authorized agents, such agents acting within the e.:ope of the particular duties entrusted to them in each case. 6. "Date of contract", or equivalent words, shall mean the date written in the first paragraph of the Contract Agreement, T. "Day" or "days", unless herein otherwise express,*y defined, shall mean a calendar day or days of twenty-four hours each. 8. "The work" shall mean the equipment, supplies, materials, labor, and services to be furnished under the contract and the carrying out of all duties and obligations imposed by the contract documents. (DENTON, TEXAS - 4904) (ERECTION ) GC-1 102769 9. "Flans" or "drawings" shall mean all (a) drawings furnished by the Owner as a basis for Proposals, (b) supplementary drawings furnished by the Owner to clarify and to define in greater detail the intent of the contract plans and speci- fications, (c) drawings submitted by the successful bidder with his Proposal and by the Contractor to the Owner, as approved by the Engineer, and (d) drawings submitted by the Owner to the Contractor during the progress of the work as provided for herein. 10. Whenever in these contract documents the worda "as ordered", "as directed", "as required", "as permitted", "as allowed" or words or phrases of like import are used, it shall be understood that the order, direction, requirement, permission, or allowance of the Owner or Engineer is intended only to the extent of judging compliance with the terms of the contract; none of these terms shall imply the Owner or the Engineer has any authority or responsibility for supervision of the Con- tractor's forces or constru,ition operations, such supervision and the sole responsibility therefor being strictly reserved for the Contractor. 11. Similarly the words "approved", "reasonable", "suitable", "acceptable", "proper", "satisfactory"; or words of like effect and import, unless otherwise particularly specified herein, 'shall'icean approved, reasonable, suitable, acceptable, proper',' o'r satisfactory in the ''Judgment 'of the Mir or Engineer, to 'the extent provided in "10" above. 12. Whenever in' these contract' documents the expression "it is - understood and agreed", or an expression of like import is used, such expression means the mutual underatanuing and agreement of the parties executing the Contra I ct'Agreement, GC-3. VERBAL STATEMENTS NOT BINDING, It is understood and 'agreed that the written terns and provisions of this agreement shall supersede all verbal statements of representatives of the Owner, and verbal statements shall not be effective or be construed as being a .part of this rontract. OC-46 STANDARD SPECIFICATIONS. Reference to standard specifications of any technical society, organization, or association, or to codes of local or state authorities, shall mean the latest standard, code, specification, or tentative specification adopted and published at the date of 'taking bids, unless specificall•• stated otherwise. 100165 FOB OC-2 GC-5. EXECUTION OF CONTRACT DOCUMENTS. Four {4) copies of the contract documents will be prepared by the Engineer. Copies of engineering data, special forme, or other documents furnished by the Contractor, which are required to be incorporated in the contract shall be supplied. All copies will be submitted tro the Contractor and the Contractor shall execute the Contract Agreement, insert executed copies of the required bonds and power of attorney, and submit all copies to the Owner. The date of contract on the Contract Agreement and bond forme shall be left blank for filling in by the Owner. The certification date on the power of attorney document shall be also left blank for filling in by the Owner. The Owner will execute all copies, insert the date of contract on the bonds and power of attorney, retain one copy, an) forward one copy each to the Contractor, Engineer, and surety company. ^G-6. SCOPE, NATURE, AND INTENT OF SPECIFICATIONS AND PLANS. The speci- fications and plans are intended to supplement, but not necessarily duplicate each other. Any work exhibited in the one and not in the other shall be executed as if it had been set forth in both so that the work will be completed accorcing to the complete design as determined by the Engineer. Should anything which is necessary for a clear understanding of the work be omitted from the specifications and plans, or should it appear that •rarious instructions are in conflict, the Contractor shall secure written Instructions from the Engineer before proceeding with the work affected by such omissions or discrepancies. It is understood and agreed that the work shall be performed. according to the true intent of the contract documents. 00-7. APPROVAL OF ENGINEERING DATA. Engineering data covering all equipment and fabricated materials to be furnished under this contract shall be submitted to the Engineer for approval. These data shall include drawings and descriptive information in sufficient detail to show the kind, size, arrangement and operation of component materials and devices; the external connections, anchorages and supports required; performance characteristics; and dimensions needed for installation and correlation with other materials and equipment. Data submitted shall include drawings showing essential details of any changes proposed by the Contractor and all required wiring and piping layouts. No work shall be performed in connection with the fabrication or mannfac- ture of materials and equipment, nor shall any accessory or appurtenance be purchased until the drawings and data therefor have been approved, except at the Contractor's own risk and responsibility. Four (4) copies of each drawing and necessary data shall be submitted to the Engineer. Each drawing or data sheet shall be clearly marked with the name of the project, the Contractor's name, and references to applicable specification paragraphs. When catalog pages are submitted, the applicable items shall be indicated. 081767 FOB GC-3 t'T, z i- r y c y"~ e When the drawings and data are returned marked APPROVED or WEIVED FOR DISTRIBUTION, additional copies shall be submitted to the ngineer, Tht'number of additional copies will be determined by the Engineer but will not exceed eight (8). Wher. the drawings and data are returned marked APPROVED AS NOTED, the changes shall be made as noted thereon and corrected copies shall be submitted to the Engineer. The number of corrected copies will be determined by the Engineer but uil]. not exceed twelve (12), When the drawings and data art returned marked RETURNED FOR CORRECTION, the corrections shall be made as noted thereon and as instructed by the Engineer and four (4) corrected copies shall be submitted. The Engineer's review of drawings and data submitted l,y the Contractor will cover only general conformity to the plans and specifications and the external connections and dimensions which affect the plant arrange- ment. The'Engineer's approval of drawings returned marked APPROVED or APPROVED AS NOTED will not constitute a blanket approval of all dimensions, quantities, and details of the material, equipment, device, or item shown and does not relieve the Contractor from any reapohsibility for errors or deviations from the contract requirements. All drawings ar., datar after final processing by the Engineer, shall become 'a part of the contract documents and the work shown or described thereby 'shall be performed in conformity therewith' unless'otheinrise required'by the Owner or ih'e'Engineer. GC 6, L96AL'ADDRESS. The businesa address of the Contractor given In the "Proposal is hereby designated as the place to which all notices, letters, and other communication to the Contractor will be mailed-or delivered. The address of the Owner appearing on Page GC-1 is_hereby designated as'the place to which all notices, letters and other com- munication to the Owner shall be mailed or delivered. Either party may change the said address at any time by an instrument in writing delivered.to the Engineer and to the other party. GC-9. PATSN`TS. Royalties and fess for pate,its covering materials, articles, apparatus, devices, or equipment (as distinguished from processes) used in the work, shall be included in the contract amount.' The Contractor shall satisfy all demands that may be made at any time for such royalties end fees, and he shall be liable icr any damages or claims for patent infringements. The Contractor shall, at his own coot and expense, defend all suits or proceedings that may be instituted against the Owner for infringement or alleged infringement of any patents involved in the work and, in case of an award of damages, the Contractor shall pay such award: Final payment to the Contractor by the Owner will not be made while esiy such quit or claim remains unsettled. The Con- tractor, however, will not be held liable for the defense of any suit or other proceeding, nor for the payment of any damages or other coats, 081767 FOB GC-4 for the infringement of any patented process required by the contract documents; except if the Contractor has information that the process so required is an infringement of a patent, the Contractor shall be liable for any damages or claims in connection therewith unless he promptly notifies the Owner and Engineer of such infringement. GC-10. INDEPENDENT CONTRACTOR, The relation of the Contractor to the Owner shall be that of an independent contractor, GC-11. AUTHORITY OF THE ENGINEER. To prevent delays and disputes, and to discourage litigation, it is agreed by the parties to this contract that the Engineer shall in all cases determine the quantities of the several kinds of work which are to be paid for under the contract and shall determine all questions in relation to the work.. If, in the opinion of the Contractor or the Owner, a decision made by the Engineer is not in accordance with the meaning and intent of the contract, either party may file with the Engineer and the other party to the contract, within thirty (30) days after receipt of the decision, a written objection to the decision. Failure to file an ob,ection with- in the allotted time will be considered as acceptance of the Engineer's decision and the decision shall become final and conclusive. The Engineer's deciPions and the filing of the written objection thereto shall to a,condition pr:cedent to the right to request arbitration or to start action in court. It is the intent of this agreem nt that there shall be no delay in the execution of the work, and the u~cision`of the Engineer shall be promptly observed. GC-12. ENGINEERING INSPECTION. The Owner may appoint (either. directly or through the Engineer such inspectors as he deems proper, to inspect the work performed for compliance with the plans and specifications. The Contractor shall furnish all reasonable assistance required by the Engi- neer or inspectors for the proper inspection and examination of the work, The Contractor shall obey the directions and instructions of the Engineer or inspector when they are consistent with the obligations of this contract. Should the Contractor object to any order given by an inspector, the Con- tractor may make written appeal to the Engineer for his decision, Inspectors and other properly Authorized representatives of the Owner or Engineer shall. be free at all times to perform their duties, and any attempted in'.imidation of _rte of them by the Contractor or his employees shall be sufficient reason to terminate the contract if the Owner so decides. Such inspection shall not relieve the Contractor from any obligation to perform the work strictly in accordance with the plans and specifications. Work not so constructed shall be removed and replaced by the Contractor at his own expense. 090964 FOB GC-5 GC-13. NO WAIVER OF RIGHTS. Neither the inspection by the Owner or Engineer or any of their officials, employees, or agents, nor any order by the Owner or Engineer for payment cf money, or any payment for, or acceptance of, the whole or any part of the work by the (wrier or Engineer, nor any extension of time, nor any possession taken by tho Owner or it6 empluyees, shall operate as a waiver of any provision of this contract, or of any power herein reserved to the Owner, or any right to damages . herein provided, nor shall any waiver of any breach in thls contract be held to be P. waiver of any other or subsequent breach. Gc-14. MODIFICATIONS. The Contractor shall modify the work whenever so ordered by the Owner, and such modifications shall not affect the validity of the contract. Modifications may involve increases or decreases in the amount of the work for which an apr )priate contract price adjustment will be made. Except for minor changes or adjustments which involve no contract price adjustment or other monetary consideration, all modifications shall be made under the authority of duly executed change orders issued and signed by the Owner and accepted and signed by the Contractor. GC-14.01. Extra Work. If a modification increases the amount of the work, and the added work or any part thereof is of a type and character which can properly and fairly be classified under one or more unit price items of the Proposal, then the added work or part thereof shall be paid for according to the amount actually done and at the applicable unit price or prices. Otherwise, such work shall be paid for as hereinafter provided. Claims for extra work will not be paid unless the work covered by such claims was authorized ih writing by the Owner and the Contractor shall not have the right to prosewite or maintain either an arbitration proceeding or an action in court to recover for extra work unless his claim is based upon a written order from the Owner. Paynents for extra work shall be based on agreed lwp sums or agreed unit prices whenever the Owner and the Contractor agree upon such prices tv"ore the extra work is started; otherwise payments for extra work shall be based on the actual direct cost of the work plus a percentrge allowance. The percentage allowance shall include the Contractor's extra profit and extra overhead end, unless otherwise agreed by the Contractor and the Owner, the percentage allowance shall be fifteen per cent (15%) of the total direct cost. For the purpose of determining whether proposed extra work will be ruthorized or for determining the pa;nment method for extra work, the Contractor shall submit to the Engineer, upon request, a detailed cost estimate for proposed extra work, The estimate shall show itemized quantities and charges for all elements of direct cost and a percentage allowance to cover extra profit and extra overhead. Unless otherwise agreed by the Contractor and the Owner, the percentage allowance shall be fifteen per cent (15%) of the total P.rect costs. 100165 FOB Gc-6 GC-14,02, Decreased Work. If a modification decreases the amount of work to be done, such decreare shall not constitute the basis for a claim for damages or anticipated profits on work affected by such de- crease. Where the value of omitted work is not covered by applicable unit prices, the Engineer shall determine on an equitable basis the amount of (a) credit due the Owncr for contract work not done as a result of an authorized change, (b) allowance to the Contractor for any actual loss incurred in connection with the purchase, delivery and subsequent disposal of materials or equipient required for use on the work as plbnned and which could not be used in any part of the work as actually built, and (c) any other adjustmetl' of the contract amount where the method to be used in making such r.djustment is not clearly defined in the contract documents. GC-15. ARBITRATION. Before bringing any action in court pertaining to a decision of the Engineer, the objector (hereinafter referred to as Party A) to the decision shall first offer to arbitrate the question with the other party to the contract (hereinafter referred to as Party B) by notifying him in writing and setting forth in such notice the question to be arbitrated. Party B can elect to arbitrate or not, If Party B agrees to arbitrate he shall so advise Party A in writing within ten (10) days after receipt of Party A's notice. Notice by Party B that he does not wish to arbi- trate or failure of Party B to notify Party k within the ten (10) day period will give Party A the right to start action in court. . If Party B agrees to arbitrate, Party A shall chose an arbitrator and shall notify Party B of the name of the arbitrator within ten (10) days after receipt of Party B's notice, Party B shall notify Party A in writing within ten (10) days after receipt of the said notice that the arbitrator named by Party A shall act as sole arbitrator, or shall name an additional arbitrator. If Party B names an additional arbitrator, then the arbitrator named by Party A and the arbitrator named by Party B shall choose a third arbitrator. The arbitrator or arbitrators shall act with promptness. In the case of three arbitrators, the decision of any two shall be binding on both parties to the contract, as shall that of a single arbitrator if the dispute is submitted thereto as heretofore provided. The decision of the arbitrator or arbitrators may be filed in court to carry it into effect. If they consider that the case so demands, the arbitrator or arbitrators are authorized to award the party whose contention is sustained such sum or sums as they may deem proper for the time, expense and trouble inci- dent to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The arbitrators shall receive reasonable compensation for their services. The arbitrators • shall assess the costs and charges of the arbitration upon either or both parties. The decision of the arbitrators must be made in writing, and shall not be open to objection on account of the form of proceedings or award. 050163 FOB GC-7 If for rhy reason after the said notices have been duly given by Party A and Party B, the arbitrators appointed shall be unable or shall fail to act with reasonable promptness in appointing a third arbitrator, Party A (or, if he does not do so within a reasonable times Party B) may request a judge of the United States District Court who regularly holds court in the district in which the site of the work, or any part thereof, is located, to appoint the third arbitrator. If it appears to the judge that the two , arbitrators originally appointed were unable or failed to act with reason- able promptness in appointing a third arbitrator, he may appoint the third arbitrator, and such appointment shall constitute a conclusive determination that the arbitrators originally appointed were so unable or failed to act with reasonable promptness and, if the said fudge acted at the request of Party B. that Farty A did not :Hake such request within a reasonable time. If for any reason after the arbitrator or arbitrators have been duly appointed, the arbitrator or arbitrators shall be unable or shall fail to act with reasonable promptness in reaching a decision regarding the question submitted to arbitration, Party A (or, if he does not do so within a reasonable time, Party B) may request a fudge of the United States District Court who regularly holds court in the district in which the site of the work, or any part thereof, is located, to appoint three new arbitrators to act hereunder. If it appears to such judge that the arbitrator or arbitrators originally appointed were unable or failed to act with reasonable promptness in reaching a decision regarding the, question submitted to arbitration, he may appoint three new arbitrators to act hereunder, and such an appointment shc+ll constitute a conclusive , determination that the arbitrator or arbitrators originally appointed were so unable or failed to act with reasonable, promptness and, if the said judge acted at request of Party B, that Party A did not make such, request within a reasonable time. If for any reason a third arbitrator or three new arbitrators shall not be appointed by a fudge of the United States District Court under the circumstances hereinabove described, or if three new arbitrators, are so appointed and are unable or fail to act with reasonable promptness in reaching a decision regarding the question submitted to arbitration, then the arbitration procedure shall be deemed to have failed and the parties shall be free to assert their rights in the same manner as if they had not agreed to submit the question to arbitration. If the above agreement to submit questions of dispute to arbitration is not enforceable under the law of applicable Jurisdictions each such question afte=r it has arisen may by agreement of both parties hereto be submitted to arbitration in the manner set forth above. The Contractor shall not cause a delay, of the work during any arbitration proceedings, except by agreement with the Owner. It is understood and agreed by the parties to the contract that no requirera:zt or statement herein shall be interpreted as curtailing the power of the Engineer to determine the amount, quality, and acceptability, of work a4A materials. 050163 FOB ac-8 21 y, GC-16. RIGHT OF OWNER TO TERMINATE CONTRACT, If the work to be done under this contract is abandoned by the Contractor; or if this contract is assigned by him without the written consent of the owner; or if the Contractor is adjudged bankrupt; or if a general assignment of his assets is made for the benefit of his creditors; or if a receiver is appointed for the Contractor or any of his property; or if at any time the Engineer certifies in writing to the Owner that the performance of the work under this contract is being unuecessartly delayed, that the Contractor is violating arty of the conditions o:' this contract, or that he is executing the same in bad faith or otherwise not in accord- ance with the terms of said contract; or if the work is not substantially completed within the time named for its completion or within the time to which such completion date may be extended; then the Owner may serve written notice upon the Contractor and his surety of said Owner's inten- tion to terminate this contract. Unless within five (5) days after the serving of such notice a satisfactory arrangement is made for contin- uance, this contract shall terminate. In the event of such tenoination, the surety shall have the right to take over aid complete the work, pro- vided, that if the surety does not commence performance within thirty (30) days, the Owner may take over and prosecute the work to completion, by contract or otherwise. The Contractor and hie surety shall be liable to the Owner for all excess cost sustained by the Owner by reason of such prosecution and completion. The Owner may take possession of, end utilize in completing the work, all materials, equipment, tools, and plant on the site of the work. OC-17 SUSPENSION OF WORK, The Owner reserves the right to suspend and reinstate execution of the whole or any part of the work without invali- dating the provisions of the contract. Orders for suspension or reinstatement of the work will be issued by the ,Owner to the Contractor in writing. The time for completion of the work will bo extended for a period equal to the time lost by reason of the suspensions Changes in Contractor's price or delivery schedules which occur during a period of suspension ordered by the Owner shall not affect this contract except as agreed by the Owner and the Contractor. If the Contractor proposes to apply such changes to this contract, he shall present his proposal to the Owner in writing. During the 30 day period from and after the receipt by the Owner of such written proposal, the Owner shall be permitted o reinstate the work without change. If the work is not reinstated during this 30 day period, the Owner and the Contractor shall agree upon reasonable and proper changes or the Owner may cancel the unshipped portion of the work. Changes in delivery schedule shall mean extension of the scheduled time of delivery beyond the number of days of the suspension period, o5oi63 YOB GC-9 OC-18. DELAYED SRIPidM. The Owner reserves the right to order the Contractor to delay shipment of equipment, and materials herein con- tracted, In the event such a delay is ordered by the Owner in writing, the Owner will pay the Contractor reasonable and proper extra charges incurred by the Contractor as a result of the delay. Such extra charges shall include storage charges, handling charges, insurance, interest on investment, and transportation charges to the storage facility. CC-19. CANCELLATION OF WORK. The Owner reserves the right to cancel the unshipped portion of the work. In the event of cancellation, the Owner will pay the Contractor reasonable and proper cancellation charges. GC-20. LAWS AND ORDINANCES. The Contractor shall observes and comply with all ordinances, laws, and regulations, and shall prol.ect and indemnify the Owner and the Owner's officers and agents against any claim or liability arising from or based on any violation of the same. All permits and licenses required in the prosecution of the work shall be obtained and paid for by the Contractor. GC-21. HINDRANCES AND DELAYS. In executing the Contract Agreement, the Contractor expressly dovenants that, in undertaking to complete the wGrk vithin the time therein fixed, he has taken into ;onsideration and made allowances for all hindrances and delays incident to the works No claim shall be made by the Contractor for hindrances or delays from W cause during the progress of the work, except as provided in the paragrapb oa ""SUSPENSION OF WORK".: OC-22. EXTENSIONS OF TIME. Should the Contractor be delayet in the final 'completion of the work by strikes, fire, or other causer beyond ' the control of the Contractor and which, in the opinion of the Engineer, could have been neither anticipated nor avoided, then an extension of time sufficient to compensate for the delay, as determined by_the - Engineer, shall be granted by the Owner; provided, that the Contractor shell give the Owner and the Engineer prompt notice in writing of the cause of delay In' each case and shall demonstrate that he.hu used all reasonable means to minimize the delay. Extensions of time will not be granted for ❑alsys caused by unfavorable weather, inadequate wor::ing force, or. the failure of the Contractor to place orders for equi;ment or materials sufficiently in advance to insure delivery when needed. OC-234 MATERLMA AND EQUIPMENT. Unless specifically provided other- wise in each case, all materials and equipment furnished for permanent installation in the work shall conform to applicable standard specifi- cations and shall be new, unused, and undamaged when installed or otherwise incorporated in the works No such material or equipment. shall be'used by the Contractor for any purpose other than that intenied or specified, unless such use is specifically authorized by the Engineer in each case. 050163 FOB OC-10 GC-24. GUARANTEE. The Contractor guarantees that the material and equipment herein contracted will be as specified and will be free from defects in design, workmanship and materials. If within the guarantee period the material or equipment fails to meet the provisions of this gu•^rantee, the Contractor shall promptly correct any defects, including nonconformance with the specifications, by adjustment, repair or re- placement of all defective parts or materials. Unless otherwise specified, the guarantee period shall begin on the date of final payment or the date of initial operation, whichever is later, and the guarantee period shall end 12 months later. If manufacturer's field svpervisors are included in the contract, such supervision shall be furnished by the Contractor without cost for the correction of any defects, The Contractor will be given an opportunity to confirm the existence of the defect bu'. he shall not delay the correction while making such determination, The Contractor shall extend the provisions of this guarantee to cover all repaired and replacement parts furnished under the guarantee pro visions for a period of one year from the date of their installation, If within ten days after the Owner gives the Contractor notice of a defect, the Contractor neglects to make, or undertake with due dili- gence to make, the necessary corrections, the Owner is hereby author. . ized to make the corrections himself, or order the work to be done by a third party, and the cost of the corrections shall to paid by the Co''ntractor. In the event of an emergency where in the Judgment of the Owner tho 4e] V resulting from giving formal notice would cause serious loss or damage which could be prevented by immediate action, defects may, be, corrected by the Owner, or a third party chosen by the Owner without giving prior notice to the Contractor and the cost of the corrections shall be paid by the Contractor. In the event such action is taken by the Owner, the Contractor will be notified promptly 'and shall assist wherever possible in making the necessary corrections. GC-25. CLAIM FOR LABOR AND MATERIALS. The Contractor shall indem- nify and save harmless the Owner from all claims for labor and mate- rials furnished under this contract. '"he Contractor shall submit satisfactory ev'.r_enca that all per , firms, or corporations who have done work or furnished materie. under this contract, for which the Oimer may become liable under t,e laws of the state, have been fully paid or satisfactorily secured. In case such evidence is not furnished or is not satisfactory, an amount shall be retained from moneys due the Contractor which, in addition to any other sums that may be retained, will by sufficient, in the opinion of the Owner, to meet all claims of the persona firms a,:d corporations as aforesaid. • Such sum or surds shall be retained until th_- liabilities as aforesaid are fully discharged or satisfactorily secured. (DENTON, TEXAS - 4904) 102769 FOB OC-11 GC-26. RELEASE OF LIABILITY. T'he acceptance by the Contractor oe the last payment shall be a release to the Owner and every officer and agent thereof from all claims and liability hereunder for anything done or furnished in connection with the work, or for any act or neglect of the Owner or of any person relating to or affecting; the work. GC-27. DEFENSE OF SUITS. In case any action in court, Sr: brought against the Owner or Engineer or any officer or agent of eith,;r of them, for the failure, omission, or neglect of the Contractor to ;;crrr,rm any of the covenants, acts, matters or things by this contract iuidc•rtaken; or for injury or damage caused by thc., alleged negligence of the Contractor or his agents; the Contractor shall indemnify and save harmless the Owner and Engineer and their officers and agents from all losses, damages, costs, expenses, Judgments, or decrees whatever arising out of such action. CC-28. INSURANCE. The Contractor shall secure and maintain thror.ghout the duration of this contract insurance of such types and in such amounts as may be necessary to protect himself and the interests of the Owner against all hazards or risks of loss as hereinafter specified. The iorm and limits of such insurance, together with the underwriter thereof in each case, shall be approved by the Owner but regardless of such approval it shall be the responsibility of the Contractor to maintain adequate insurance coverage at all times. Failure of the Contractor t6 nitintain adequate coverage shall not relieve him of hny contractual responsibility or obligation. Satisfactory certificates of insurance shall be filed with 'the 0nner prior to starting any construction work on this contract. The certificates shall state that ten (10) days written notice will be given to the Owner before any policy covered thereby is changed or canceled. GC-28.01. Workmen's Compensation and Employer's Liability. This insurance shall protect the Contractor against all claims under a?plicable state workmen's compensation laws. The Contractor shall also be protested against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workmen's compensation law. This policy shall include an "all states" endorsement. The liability limits shall not be less than the following: Workmen's compensation - Statutory Employer's liability - $100,000 each rerscut GC-28.02. Comprehensive Automobile Liability. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims for injuries to members o: the public and damage to property of others arising from the use of raotor vehicles, and shall cover opsration on or off the site of all motor vehicles licensed for highway use, whether they are owned, nonowned, or hired. (DENTON$ TEXAS - 4904) (ERECTION ) GC-12 092769 The liability limits shall not be less then the follovings Bodily - $250,000 each pn.rson - $500,000 each occurrence Property damage - $100,007 each occurrence GC-28.03. Comprehensive General Friability. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims raising from injuries to members of the public or darage to property of others arising out of any act or omission of the Contrrvtor or his agents, employees, or subcontractors. In addition, this policy 7hall specifically insure the contractual liability assumed by the Contractor wider the fore- going paragraph entitled "Defense of Suits". To the extent that the Contractor's work., or ork under his direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion, relative to blasting, explosion, collapse of buildings, or damage to underground property. The liability limits shall not be less than the following: Bodily injury $250,000 each person $500,000 each occurrence Property damage $500,000 each occurrence ` $500,000 aggregate GC-28.04. Builder's Risk. This insurance shall be written in eompleted value form and shall protect the Contractor and the Owner against 'risks of damage to buildings, structures, and materials and equipment not otherwise covered under installation floater insurance, from the perils of fire and lightning, the perils included in the standard extended' coverage endorsement, and the perils of vandalism and malicious mischief. The amount of such insurance shall be not less than the insurable value of the work at completion less the value of the materials and equipment in- sured under installation floater insurance. Equipment shall be insured under installation floater insurance when the aggregate value of the equipment exceeds $10,000. If the work does not include the construction of building structures, this bulder'a risk insurance may be omitted providing the installation floater insurance fully covers all work. Builder's risk insurance shall provide for losses to be payable to the Contractor and the Owner as their interests may appear. (DENTON, TEXAS - 4904) (EREMON ) GC-13 092769 GC-28.05. Installation Floater. This insurance shall protect the Con- tractor and the Owner from all insurable risks of physical, loss or damage to materials and equipme,it not otherwise covercu under builder's risk insurance, while in warehousea or storage areas, durinp, installation, durinp, testing, and after the work Is completed. It chrkll be of the "all risks" tyre, with coverages designed for the elrcumstanees which may occur in the particular work included in thin contract. 'i'he coverage shall be for an amount not less than the value of the work at completion, less the value of the mriterirls and equipment insured under builder's risk insurance. The value shall include the aggregate value of the Owner-furnished equip- ment and materials Lo be erected or installed by the Contractor not other- wise insured under builder's risk insurance. Installation floater insurance shall provide for losses to be payable to the Contractor and the Owner as th,.ir interests may appear. If the aggregate value of the Owner-furnished and Contractor-furnished equipment is less than $10,000 such equipment may be covered under builder's risk insurance, and if so covered this installation floater insurance may be omitted. Certificates of insurance covering installation floater insurance shall quote the insuring agreement and all exclusions as they appear in the policy; or in lieu of certificates, copies of the complete policy may be submitted. GC-29. PAYMENTS. Payment will be based on the Engineer's payment certificate which the Engineer will prepare and submit to the Owner in accordance with the following schedules. The Engineer's payment certificate shall not con- stitute: approval or acceptance of any part of the work, except as a basis for the Owner's official Acceptance (as defined in Article GC.2), and shall , not relieve the Contractor from any responsibility or liability essential or related to the fulfillment of this contract. GC-29.1. Equipment and Materials. Payment for equipment and materials de- livered will be made in accordance with the following schedule: 80% of the price of complete, integral units or assemblies of equipment or material will be paid upon shipment pending receipt of the Engineer's payment certificate which will be issued promptly upon notice of shipment but not before the shipping date specified or otherwise approved by the Owner. 15N of the price of complete, integral units or assemblies of equipment or material will be paid upon -exeipt of the Engineer's payment certificate which will be issued promptly upon satisfactory delivery but not before the delivery date specified or otherwise approved by the Owner. (DENTON, TEXAS - 4904) (ERECTION GC-14 102769 L GC-29.2. Erection. Payment for equipment and materials erected Jill be made in accordance with the following schedule. On or about the firut day of each month, the Engineer will make an esti- mate of the value of the work done during the previous calendar month. The estimated cost of repairing, replacing, or rebuilding any part of the work or replacing, materials which do not conform to the plans and specifications will hn deducted from the estimated value. The Contractor shall furnish to the ';ngineer such detailed information as it may request to raid in the preparation of monthly estimates. The Owner will pay to tlo• Contractor by the twenty-fifth day of the month 90 per cent of the estimated value less any previous payments. GC-29.3. Cost Breakdown. Prior to final payment, the Contractor shall furnish the Owner a cost breakdown of the final contract price by re- tirement units in accordance with a listing of such units furnished by the Owner. GC-29.4. Final Payment. The unpaid balance of the total equipment and materials, and erection contract price, add uztQA according to any provi- sion of the contract, will be paid within 30 days after receipt of the Engineer's final payment certificate and the Owner's official acceptance of the work. Final payment for equipment and materials will be not later than 365 days after complete delivery, providing the equipment and materials are in accordance with these contract documents as far as can be determined. GC-30. TAXES, PERMITS, AND LICENSES. Unless otherwise specified in these contract documents, the Oontractor shall pay all sales, use, excise, and other taxes that are lawfully assessed against the Owner or Contractor in connection with the work under this contract and shall obtain and pay for all licenses and permits required for the work. The Contractor will be compensated for any increase in tax rates, license fees, and permit fees or any new taxes, licenses, or permits imposed after the date of the Proposal; provided however, that this provision shall be limited to sales, use, and excise taxes assessed against the completed work and to licenses and permits required specifically for the proposed work. (DENTON, TEXAS - 4904) GC-15 (ERECTION 092769 SPECIAL CONDITIONS SC.1 GENERAL. The requirements of these Sperial Conditions are nontechnical in nature and shall supplement the General Condition2 in the administration and regulation of the field erection work included unlor these specifications. SC.2 PROJEC. COORDINATION. The overall project coordination for the Unit 5 Addition to the Municipal Electric Generating Station will be under the direction of the Engineef. SC.2.1 Completion Schedule. Completion of the Unit 5 Addition to the Municipal Electric Generating Station on schedule i~_ c;;oantinl. to the Owner. Unit 5 is scheduled for firm commercial operation t.;,ril 15, 1973. The work under these specifications shall be completed on or before the dates specified in Section 1A. Completion of the work on schedule is of the essence and is required to maintain the overall project completion schedule. The Contractor shall be solely responsible for completing his work on sched- ule. If at any time, the Contractor's work is behind schedule he shall initiate immediate and definite procedures for accelerating the work as required to get the work back on schedule. The Contractor will not be al- lowed extra compensation for costs resulting from additional regular or premium time required to keep the work on schedule. SC.2.2 Cooperation with Owner. In the event that it is necessary to either interrupt the power supply or to impose abnormal operating condi- tions on the Owner's power system, such procedure must be approved by the Owner and a complete understanding and agreement must be reached by all parties concerned, well in advance of the time scheduled for such opera- tion, and such understanding shall be definite as to date, time of day, and length of time required. All work shall be scheduled to suit the Owner's convenience, taking into consideration the power system facilities and requirements at all times during construction. The Contractor shall be responsible for paying all regular and premium time labor costs arising from the necessity to perform work which affects the Owner's system facilities at times other than regular working hours. SC.2.3 Relations with Other Contractors. The Contractor shall cooperate with all other contractors who may be performing work in behalf of the Owner and workmen who may be employed by the Owner on any work in the vicinity of the work to be done under this Contract, and he shall so con- duct his operations as to interfere to the least possible extent with the work of such contractors or workmen. He shall promptly make good, at his own expense, any injury or damage that may be sustained by other contractors or employees of the Owner at his hands. Any difference or conflict which may arise between the Contractor and other contractors or between the Con- tractor and workmen of the Owner in regard to their work shall be adjusted (DENTON. TEXAS - 4904) (ERECTION ) SC-1 091769 and determined by the Engineer. If the work of the Contractor is delayed because of any acts or omission..^, of any other contractor, the Contractor shall have no claim against the Owner on that account other than an extension of time. Whenever there is interference with work under other contracts, the Engineer shall decide the manner in which the work ehall proc^sd rider each con- tract. SC.2.4 Methods of Operation. The Contractor shall SnCr,rm the Engineer in advance concerning his plans for carrying on each prim of the work. If at any time the Contractor's plant or equipment or his methods of executing the work appear to the Engineer to be inadequate to insure the required safety, quality, or rate of progress of the work, the Engineer may order the Con- tractor to increase cr improve his facilities or methods and the Contractor shall promptly comply, with such orders; but neither compliance with such orders nor failure of the ESii;ir.eer to issue such orders shall relieve the Contractor from his obligation to recure the degree of safe'.y, the quality of work, and the rate of progress required by this Contract. The Contractor alone shall be responsible for the safety, adequacy, and efficiency of his plant, equipment, and Lethods. Any method of work suggested by the Owner r,r Engineer, but not specified, shall be used at the risk and responsibility of the Contractor; and the Engineer and Owner will assume no responsibility therefor. Approval by the Owner or Engineer of any plan or method of work proposed by the Contractor shall not relieve the Contractor of any responsibility there- for, and such approval shall not be considered as an assumption of any risk • or liability by the Owner or Engineer, or any officer, agent, or employee thereof. The Contractor shall have no claim on account o' the failure or inefficiency of any plan or method so approved. SC-3 PREVAILING WAGE RAM'). The Contractor and his subcontractors shall not pay wage rates which ae ]zss than the prevailing hourly wage rate for each craft or type of workmen engaged on similar erection work in the sur- rounding area. sC.4 CONTRACTOR'S FIELD ORGAYIZATION. The Contractor's field organization shall include adequate management, supervisory, and technical personnel on the site to insure expeditious and competent handling of all matters related to the work. (DENTON, TEXAS - 4904) (RRECTION SC-2 091769 'C SC.4.1 Contractor's Personnel. All personnel employed by the Contractor shall be fully qualified to perform the work assigned. If it becomes nel.essary to replace any of the key supervisory personnel, the Contractor nha.ll have a suitable replacement avallable coincident with the release of the individual. If any of the key positions tecome vacant because of elements beyond the control of the Contractor, replacement personnel sh0 1. be obtained within 10 days. SC.4.2 Supervir,orj Personnel. `lie Contractor's field .,taff shall include supervisory personnel experienced in engineering, planning, and technical direction of all field erection work. The supervisory personnel ohall remain on the site until final acceptance of the work by the Owner. SC-5 CONTRACTOR'S FIELD ANN NISTRAT10N. The administration of the field erection work shall be the sole responsibility of the Contractor. SC-5-1 Cost Breakdown. The Contractor shall prepare and submit to the Engineer for apiroval a breakdown cost estimate of the work. The cost breakdown shall show the estimated value of each rategory of work and shall be approved by the Engineer before any partial payment invoice is prepared. SC.5.2 Subcontractors. It is the intent of these specifications that the Contractor shall perform the majority of the work with his own forces and under the management of his otin organization. Specific portions of the work may be subcontracted only by the subcontractors who have been listed by the Contractor in the Proposal and who are approved by the Owner as provided in the General Conditions. All subcontractors shall be directly responsible to the Contractor and shall be under his general supervision All work performed under subcontracts shall be subject to the same pro- visions as the work performed by the Contractor's own forces. SC-5.3 Purchase Ordcrs. The Contractor shall submit to the Engineer two copies of each purchase order for all materials ani equipment furnished under these specifications for incorporation in the permanent construction. Each purchase order shall show the vendor's name, manufacturer's name, ma- terials, type, model number, size, quantity, accessory list, and requested delivery dete of the material and equipment ordered. The purchase order copies shall be submitted to the Engineer before or at the time they are issued to the vendor. SC-5.4 Field Records. The Contractor shall maintain, during the progress of the work, up-to-date copies of all drawings, specifications, and supple- mentary data, complete with latest revisions thereto. In addition, the Contractor shall maintain a continuous record of all field deviations from (DmTON, TEXAS - 4904) (ERECTION ) SC-3 102769 1Y~~>eai~a~ ~ the approved erection drawings and, at the conclusion of the work, shall submit to the Engineer a set of the latest revisions of rtil drawings and specifications marked to show "as built" deviations. The Contractor shall submit sketches or marked prima to 0,e Engineer showing each approve(! field deviation within 10 days aft-r ach such deviation has been approved by the fingincer. 3 'C.5.5 Cleanliru:u;. Special attention hall Ise +,,iv-n 1,r, keeping the structures and i-nxuiding; g;rouuvl, cleart ,end free from r.ra!;}; and debris. I7u. Contractor shall employ sufficient euul speeio.l per::r.nrnol to thoroughly clan his work areas continuously each working; day rued nhFL11 cooperate with the other contrac-cors to keep the entire construction site clean. This shall include sweeping; the floor, collecting, and dligposing of trash, and all other functions required to xeep the site clean. Materials and supplies shall be stored in locations which will not blr,ck accessways, and arranged to permit easy cleaning of the area. At the close of each workweek and at the close of each day preceding a holiday all hoses, cables, extension cords, and similar materials shall be removed from the construction area and stored in the Contractor's ware- houses or other storage areas. All trash, debris, and waste materials shall be collected, sorted, and hauled to the city dump. Promptly upon the completion of the construction work, the Contractor shall thoroughly clean his work and adjacent work made dirty by his operations, removing all accumulations of dirt, scraps, waste, oil, grease, weld spatter, insulation, paint, and other foreign substances. Surfaces damaged by de- posits of insulation, concrete, paint, weld metal, or other adhering ma- terials shall be restored by the Contractor. SC.5.6 Construction Area Limits. The Engineer will designate the bound- ary limits of access roads, parking areas, storage areas, and construction areas, and the Contractor shall not trespass in or on areas not so desig- nated. The Contractor shall be responsible for keeping all of his personnel out of areas not designated for the Contractor's use; except, in the case of isolated work located within such areas, the Owner will issue permits to the specific Contractor personnel to enter and do the work, SC-5-7 Food Services. No food services will be permitted on the con- struction site. SC-5-8 Use of Elevator. The "ontractor will not be permitted to use the existing service elevators. The Contractor shall provide his own personnel lifts and hoists for ma- terial. (DENTON, TEXAS - 49C4) (ERECTION ) 102769 SC-4 ,;C.6 SAFETY AND ACC_IUYNT I'REVFY2TC)ti. It shall he the fontractor's respon- sibility to maintain, throughout the construction period, a safety and accident prevention program which meets the requirements of Federal, State, an(: local codes, and of all other authorities having .jurisdiction over this work. As a suppler:ent to requirements of such authorities, the "Manual of Accident Prevention in Construction" published by th, Associated General Contractors of America, Inc. Js reconurended as a guidr for safety and accident prevention. All personnel shall wear trrir l hrLtS at all tire; when, they are in the con- struction area. SC-7 FIRE PROTEOrlolI. Only construction procedures which minimize fire hazards to the extent prru,ticable shall be used. Comtruntible debris and waste materials shall be collected and hauled to th(. A ty dump each day, as provided hereinbefore under "Cleanliness". Fuels, colvents, and other volatile or flammable materials shall be stored away from the construction and storage areas in well marked, safe containers. Good housekeeping, essential to fire prevention, shall be practiced by the Contractor through- out the construction period. The Contractor shall follow the recommenda- tions of the AGC "Manual of Accident Prevention in Construction" regarding fire hazards raid prevention. The Contractor shall provide adequate fire protection equipment in each warehouse, office,'and other temporary structures, and in each work area which he is occupying. Access to fire hydrants and other sources of fire water shall be identified and kept open at all times. SC.8 PROTECTION OF WORK. The Contractor shall be solely responsible for the protection of his work until its final acceptance by the Owner. The Contractor shall have no claim against the Owner or the Engineer be- cause of any damage or loss to the Contractor's work, and shall be respon- sible for the complete restoration of damaged work. to its original condi- tion complying with the specifications aid drawings. If the Contractor's work is damaged by another party not under his super- visicn or control, the Contractor shall make his claim directly with the party involved. If a conflict or disagreement develops between the Con- tractor and one of the other contractors concerning the responsibility for damage or loss to the Contractor's work, the conflict shall be re- solved as provided in the General Conditions. Such conflict shall not be cause for delay in the restoration of the damaged work. The Contractor shall restore the work immediately and the cost thereof will be assigned pending the resolution of the conflict. SC.8.1 Security. The Contractor shall be responsible for all material and equipment in his custody or placed in construction by him. Security methods shall be employed as required to insure the protection of such material and equipment from theft, vandalism, fire, and all other damage and loss. (DENTON, TEXAS - 4904) (ERECTION ) SC-5 102769 SC.8.2 Protection of Concrete SuTfacus. Cwierete floors and other con- crete surfaces shall be protected from chipping, gouging, scratching, staining, and other (.,image. Dama,,cA :3cctions shall be repel rr:d or removed and replaced subject to the r:n„inrr:r'r, diseretion and apprirvrsl. Ileavy planks an,i mats shall b.+ placE_d under equilaa,,nt and uudLcrials being stored, moved, assembled, cr inst«11r:d on or tLtove concrr:tt I'loor surfaces. Ilonflxamable, oil resistant CuvcriW:• shall 62 used Lo prot., ,•t. concrete surfaces from staining;. SC.8.3 Protection of Grating and Gt%ir Floor i,,rath ; and stair treads shall be protected aDaiust drurrq;e fro::, he;ivy load:;, rrnovcment of equipment, materials, fltune cutting, weldin,, Laud other conAruction damage. Where heavy equipment or material loads are to be stared or rnrved over grating, they shall be supported directly from the structural steel. Damaged sections of grating shall be repaired or replaced subject to the Engineer's discretion and approval. SC.8.4 Minor Defects. The Contractor shall readjust, straighten, and repair minor defects and fabrication errors which are normally encountered in the. Owner-furnished structures, foundations, and materials. No claims for extra compensation in connection with such work will be considered unless the claim is made in accordance with the applicable provisions in the • General Conditions. When field labor is needed to correct significant errors in Owner-furnished equipment and materials, the Contractor shall furnish such labor when so requested by the manufacturer or by the Owner with the consent of the manu- facturer. Such labor shall not be included in this Contract and the Con- tractor shall obtain payment for the labor from the manufacturer. SC.8.5 Repair of Damages. The Contractor shall repair immediately any damage done to the Owner's facilities as a result of construction work or abnormal use. All such repair work shall be subject to the approval of the Owner. (DENTON9 TEXAS - 4904) (ERECTION ) SC-6 052070 Ap r XT, "li rn P y 'd ~i y~}v '}~Y, . 2r Wrl1 wX.r c xr `~S'N '.r~rd~ .r ~'''d ':'tlk~ `}fit ~1 a r,r a r ~ X r. 'r c'. k ✓ { r,+~ T h ~tlw r % PART 1 - GENERAL REQUIREMENTS CONTENTS Page thru Page Section lA - DESCRIPTION AND SCOPE OF THE WORK lA-1 1A-2 1A.1 General IA-1 1A.2 Purpose of t'-e Specifications lA-I 1A.3 Work Included Under These Specifications IA-1 1A.4 Work Not Included Under These Specificationa IA-1 1A.5 Contractor's Supervision 1A-2 1A.6 Schedule 1A-2 Section 1B - CONSTRUCTION SERVICES 1B-1 1B-2 1B.1 General 1B-1 18.2 Field, Office and Temporary Facilities 1B-1 1B.3 i}[iliif.as lB-1 1B.4 Compr6fied"Air 1B-2 1B85 Temk-M:o61 i:xating 1B, 2 1B,6 Sanitr',kt.jr Facilities 18=2 l (DENTON TEXAS - 4404 ) (COOLING TOWER MPROVEMENTS - H-lOB) 0101'11 TG1-1 Section IA - DESCRIPTION AND SCOPE OF THE WORK IA.l GENERAL. This section covers the general description, scope of the work, and supplementary requirements for equipment, materials, and services included under these specifications. 1A.2 PURPOSE OF THE _ SPECIFICATIONS. The purpose of these specifications is to procure the highest quality equipment, materials, and workmanship in accordance with .,he specified requirements and best accepted practice. Pruposed equipment and materials which do not comply with these specifi- cations shall not be allowed. The Contractor shall be responsible for furnishing equipment and materials which do comply fully, including guaranteed performance, at no change in the contract price. I 1A.3 WORK INCLUDED UNDER THESE_ SPECIFICATIONS. The work under these specifications shall include the furnishing of all materials, equipment, supplies, services, tools, and labor required to repair ane modify the cooling towers as specified in Part 2 of these specifications, except as specifically specified to be furnished or accomplished by the owner. Equipment, materials, and accessories furnished shall be delivered to the plant site where they will be received, unloaded, anj stored near j the tower site by the Owner. I A railroad siding will be available at the plant site for delivery of equipment and materials. The equipment will be tested by the owner, after completion of the repairs and modifications to demonstrate its ability to operate under the conditions, and fulfill the warranties and guarantees, as specified herein. If the Owner's test indicate that the equipment fails to meet predicted performance, the Contractor shall make additional tests and modifications under the pro- cedure stated in GENERAL CONDITIONS, Article GC-24. 1A.1 WORK NOT INCLUDED UNDER THESE SPECIFICATIONS. In addition to the work under these specifications-,the- the Gwag r has awarded or will award separate contracts for the following work which will be directly associated with the work under these specifications: Substation construction General construction Mechanical construction Electrical construction (DENTON, TEXAS - 4404 ) (COOLING TOWER IMPROVEMENTS - M-10B) 010171 IA-1 Steam generator erection Unit 5 Cooling Tower erection Part of the work listed hereinbefore will be in progress concurrently with the work under these specifications, The Contractor shail coordinate his activities and cooperate with the other contractors, the Owner, and the Engineer in the best interest of the project. 1A.5 CONTRACTOR'S SUi,ERVISION. The Contractor shall furnish ad^quate management, supervisory, and technical personnel on the work site to insure expeditious and competent handling of all matters related to the work. A construction superintendent who is fully experienced and qualified in the repair and modification of the equipment specified and who is a permanent member of the Contractor's organization shall be resident at the work site for the duration of the work. The superintendent shall be fully authorized to act for the Contractor and to receive whatever orders may be given for proper prosecution of the work or notices in connection therewith. 1A.6 SCHEDULE. Shipment of materials and equipment shall be made and repairs and modifications shall be scheduled so that the work is completed by May 15, 1971. Work at the site shall not be scheduled before March 1, 1971, (DENTGA, TEXAS - 4904 ) (COOLING TOWER IMPROVEMENTS - M-10B) 010171 IA-2 Section 1B - CONSTRUCTIUN SERVICES 1B.1 GENERAL. this section covers the construction services which the Con- tractor shall provide in the prosecution of the work under these specifica- tions. Unless otherwise specified, the Contractor shall furnish all construction plant, utilities, and temporary facilities and all equipment, materials, and supplies which arc required for prosecution of the work but which will not be incorporated in the completed work. All temporary structures and facil.ttiea furnished by the Contractor shall remain the property of the Contractor and shall be maintained throughout the construction work. When the construction work is completed, all such temporary structures and facilities shall be removed from the site and the area shall be restored to its original condition. All construction plant and facilities shall be in first-class condition and shall be of the proper type and size to adequately perform the work. Such plant and facilities shall be regularly and systematically maintained through- out the work to incuire proper and efficient operation. Plant and facilities which are inadcqutte or improperly maintained shall be promptly modified, repaired, or remove-d from the site and replaced. 1B.2 FIELD OFFICE AND TEMPORARY FACILITIES. The Contractor shall furnish all office space, office supplies and equipment required for the prosecution of the wore:. All temporary structures and facilities furnished by the Contractor shall remain the property of the Contractor, and when the construction work is completed, all such temporary structures and facilities shall be removed from the site and the area shall be restored to its original condition. Temporary structures shall be constructed by the Contractor using materials, design, and construction approved by the Engineer. Such structu:es shall be built only in locations assigned by the Engineer. Suitable construction trailers may be used in lieu of temporaa•+ structures, subject to the Engineer's approval. 1B.3 UTILITIES. Construction utilities shall be furnished by the Contrac- tor or will be provided by the Owner as follows. 1B,3.1 Telephone. The Contractor shall provide his own telephone service. 1B.3.2 Water. The Owner will furnish without charge, at a single supply point on the plant site, water for construction and drinking purposes. The Contractor shall furnish and install all water disLribution facilities required. (DENTON, TEXAS - 4904 ) (COOLIN(I TOWER IMPROVEMENTS - M-10B) 010171 IB-1 The Contractor shall provide a sanitary drinking water system for his em- ployees, including water coolers, ice, disposable drinking cups, and a trash can at each water cooler. 18.3.3 Electric Power. The owner will furnish all energy for construction power and temporary lighting at no charge. The power will be supplied at 120 volts, single phase at a single supply goint. The Contractor shall provide all temporary wiring, equipment, devices and facilities required to distribute power for his use. 1B.4 COMPRESSED AIR. The Contractor shall provide all air compressors, fuels, lubricants, hoses, piping, and other apparatus required for supplying compressed air required for prosecution of the work. IB.5 TEMPORARY BEATING. The Contractor shall provide al.1 heating required for .lie protection of his work, for protection of equipment and materials in his custedy, and for the efficient prosecution of his work. .raporary heating methods shall be safe, clean, and efficient. Salamanders and similar type heaters will not be permitted in the construction area or in any enclosure, and may be used only in remote locations where the possi- bility of damage by smoke, fumes, or fire is not imminent in the opinion of the Engineer, The Contractor shall be responsible for the safety of his heating system and shall provide proper ventilation and fire protection. Open flame Leaters shall not be left unattended in construction or storage areas, unless ap- proved by the Engineer in each case. 1B.6 SANITARY FACILITIES. The Contractor shall furnish and maintain sanitary facilities, including a system of chemical toilets, for the use of his em- ployees. The use of pit or trench latrines will not be permitted. The number and location of chemical toilets shall be as required to adequately and conveniently serve the needs of these persons. The Contractor shall enforce strict observance of 6s nitary and health regu- lations by his employees on the plant site. The chemical toilets and their maintenance shall meet the requirements of the State Board of liealtl. Any such facilities or maintenance methods fail- ing to meet these requirements shall be corrected immediately. Construction personnp! will not be permitted to use the permanent plant toilet and washr:,um facilities. (DENTON, TEXAS - 4904 ) (COOLING TOWER iMP°^VEMENTS - M-IOB) 010171 1B-2 t Ri ~ ra, XY.ri J':, ei M zy''~ PART 2 TECHNICAL REQUIREMENTS CONTENTS Page thru Pa &e Section 2A - COOLING TOWER REPAIR AND MODIFICATION 2A-1 2A-5 2A.1 General 2A-1 2A.2 Codes 2A-1 2A.3 Materials 2A-1 2A.4 Wood Preservation Treatment 2A-2 2A.5 Items of Work 2A-2 2A.6 Cleanup and Disposal of Debris 2A-4 2A.7 Performance Curves wlgk1df.6LrSl~ a, Deleted for contract (DENTON TEXAS - 4904 ) (COOLING TOWER IMPROVEMErTTS M-10H) TC2w1 010171 Section 2A - COOLING TOWER REPAIR AND MODIFICATION 2A.1 GENERAL. This section covers the repair and modification work to be performed under these specifications. The tower is a four cell Marley Number 4-32A5 cooling tower having an original design capacity to cool 30,000 gpm from 98.5 1.1, 86 F with a 76 degree wet bulb, 2A.2 CODES. All materials used in the repair of the (poling tower and all modification work shall be done in accordance with the latest applicable requirements of the Cooling Tower Institute, California Redwood Association, Standard Grading and Dressing Rules for Douglas Fir published by the Vf!st Coast Lumberman's Association, ASME, and ANSI. Any conflict between standards shall be referred to the Engineer who will determine which standard shall govern. 2A.3 MATERIALS. All new materials used in the repair and modification of the cooling tower shall be in accordance with the following: Part Material Structural members Select heart of better redwood Eliminator slats and Clear all heart redwood fan deck flooring Eliminator frames Exterior grade fir plywood and splashboards treated after fabrication Bolting Naval bronze and stainless steel Rings Teco ceramic or stainless steel Nails Stainless steel filling PVC splashbars Fill support grids Glass reinforced polyester or 316 stainless steel as alternate Tower endwalls and 3/8 inch corrugated cement asbestos fan deck sidewalls board with corner roll trim Endwalls and sidewalis Stainless steel attachments (DENTON, TEXAS - 4904 ) (COOLING TOWER IMPROVEMENTS - M-10B) 010171 2A-1 Part Material Fan cylinders Laminated fir epoxy glued to redwood framing or molded fiber glass reinorced plastic Louvers Clear all heart redwood All lumber shall be especially selected for cooling tower construction. All lumber except eliminator slats, louvers, and interior partitions shall be surfaced on all four sides. Existing bronze bolting shall be reused as specified herein under ITEMS OF WORK. 2A.4 WOOD PRESERVATION TREATMENT. All lumber used in the repair and modification of the cooling tower shall be given a pressure impregnation treatment of chromated copper arsenate salts, trade name Erdalith salts, in accordance with AWPA Standard P5-55. The treated wood shall have a minimum average retention of 0.75 pounds of dry salt per cubic foot of wood. 2A.5 ITEMS 01 WORK. Proposals shall be submitted for the following specific items of work. Any additional work proposed shall be described in detail under PROPOSAL DATA. The Owner will furnish at least two fan cells at a time for repairs and modifications. The electrical power and circulating water will be turned off on the cells being repaired and the water level in the cold water basin will be lower if required to replace structural members. Any permanent electrical ,.crk required in connection with the repairs and modifications will be furnished by the Owner. 2A.5.1 Item I. Work to be performed under this item is as follo;4s: Remove from all four cells, the existing redwood fill and all intermediate 2 by 4 nailed transverse girts and 10 per cent of the bolted transverse girls in the second, third, and fourth levels Replace the girts with 2 by 4 treated redwood reusing existing bronze bolts but using new stainless steel nails Install new fill support grids on not greater than 21 inch centers and PVC splashbars. Glass reinforced grids are preferred but 316 stainless steel grids will be permitted. (DENTON, TEXAS - 4904 ) (COOLING TOWER IMPROVEMENTS - M-10B) 2A-2 010171 Remove the diffusion decks and install new plastic target nozzles in holes Remove existing transverse partitions and 1-1/2 by 4 studs between cells from the louvers to the eliminators and replace with 1/2 by 6 treated redwood and stainless steel nails and new treatea studs Remove the existing splashboards behind the louvers and replace with 3/8 inch fir plywood using stainless steel nails Remove 20 per cent of the 1-1/2 by 6 transverse girts at level No. 5 from the column inside the plenum out to near the louvers and replace with treated redwood and re-use existing bolts where satisfactory All four :ells of fan deck aide stud columns and wells shall be removed from both sides of the fan deck and replaced with full length treated 4 by 4 columns and 1-1/2 by 10 hot water basin walls and corrugated cement asbestos wails. Re-use bronze bolts where satisfactory and new stainless steel nails and lag screws. The hot water basin walls shall be resealed at the basin floor level. Remove endwalls from both ends of tower and replace center columns full height to tower and the top 18'-0" of columns on each side of center and the tra:isverse girts on the inside of columns at all levels. Replace the endwali3 and provide an access door at each end. Reattach the existing stairway at the same location and re-use the existing hand and knee rails. i Replace the rungs in the eight ladders from the fan deck to the walkway. There are three rungs per ladder, each measuring 1-5/8 inch by 14-3/4 inches. The replacement rungs shall be pretreated. 2A.5.2 Item 11. Alternate proposals shall be submitted for the following work in addition to the work listed under Item I. 2A.5.2.1 Item IIA. The four existing fan cylinders shall be removed and replaced with new cylinders. The cylinders shall be 5 feet high and shall be prefabricated of treated 3/8 inch thick laminated fir epoxy glued to redwood framing and fastened together with bronze bolts, nuts, and washers. New bronze anchor bolts shall be furnished and installed. * 2;' T :1i8~ #o exist' ng a C~~ii,dQrg g;;ul2 b~, reau,a~ acrsa xpla¢edsixh;mi►dedla~e #lnQxeed plaecc fan cylitedete 5. fast 4 lnehea tr, ;~irrsd, waeEsetb. :deer oEainXess ~ete~f' ; hg, ,~an$ eCa'~ess~te~l, 6oxs;;ts4j apelsot.;b t# s a.1F be;:fur .#shad .dnd inatakl d. Not included in this contract (DENTON, TEYAS - 4904 ) (COOLING TOWER IMPROVEMENTS - M-10B) (ADDENDUM 1 ) 2A-3 011471 2A. 5.3 Item III. The er*.:;ting fan deck shall be removed and shall be re- placed with 1-112 by 6 tongue and groove flooring and 2 x 4 intermediate nailers of treated redwood using stainless steel nails. This work will be performed only in conjunction with the work specified under either Item IIA or Item IIB. * 2A. 5.4 Iteu 1Y~ ; Aiteraxlte propoa.4 a(5~1 , b0 gob" ttkd fax : tht fal#,a 14 work ..in 40MAW:t¢ th0.:"!tk.11sUd under Itge( Tj; 2A 5.,4,1. tCip 1VA. FEie atfn$ 112 41 F:lauvexs e~hsil be ramoYeE attd nea treated re wood faurreta::off tho game site slid quasltity #ti.stalled. Thrre arc Yg to ~a x~p~meed. ~ bg xeerosr~ and Heir 2AS..44irkAt.lu the exiarin did 1twvtg eha11 8 o : cd Pgated g,isss rein°.occeQ palyeater louv iets ire y4i,~g ioc#~ed`.1K#'2 X,l by ; tre4 4e, sad ao~ surpa~cLs :shAl 6e f,~gttin cb the dace o stall ~ouvex pns. t a. eplashbbax.4 uasle lei, `,l, The exiBt#K~$ 1JZ::by 5 1AV"'Wo ;iharv ba xelaave$ and zLew !g itch hick to a#Z sabeaLaa ca r..u atte : xda aaad ver~i k Iauv x8 cotePP 10' iaith:'p,X k#c`:het~gati. igra. ~$aa7l..b~ : iicgraLl led . 2A.5.5 Item V. Alternate propaaals shall be submitted for the following work in addition to the work listed under Item 1. 2A.5.5.1 Item VA. The eight existing 16 inch Marley flow control valves shall be removed, completely rebuilt, and installed. New parts for the valves shall include, but not be limited to stainless steel valve stems, cast iron discs, stem guides, gaskets, and valve body gaskets and seats. Y •~W• '^^Yr~~ •.ff YM fir Y 1Y / II.W '•+TIW~- A, X5.2 I, a ;YB, the a~i nt a sz s 1 ~ c1~ Haic~eY wp consroE va'#,ves ,:P X abill'' re..0VPAd;$nd shall b ::rep ared tai f~ a it late taat~cai vaivee # LL Est 2A.6 CLEANUP AND DISPOSAL OF DEBRIS. All trash, waste materials, packing crates, and other construction debris shall be piled neatly beside the tower. The debris will be dicposed of by the Owner. Upon completion of the work, the Contractor shall remove from the premises all of his tools, equipment and surplus material, unless otherwise directed in writing by the Owner. 2A.7 PERFORMANCE CURVES. Performance curves shall be submitted showing Expected cooling tower performance after the repairs and modifications have been completed. Three separate curve sets shr,ll be furnished; one each for 90, 100, and 110 per ccit of the design condition circulating water flow. Each set shall show wet bulb temperatures (50 F to 90 F) plotted as abscissae and water temperatures fror the townr plotted as ordinates. A curve shall be shown for the design condition water temperature range with additional curves for each full degree range to approximately 5 degrees above and 5 degrees below the design conditions range. The curves shall indicate * Not included in this contract (DENTON, TEXAS - 4904 ) (COOLING TOWER IMPROVEMENTS - A-10B) (ADDENDUM 1 ) 2A-4 011471 the guaranteed performance operating range limitation established by the latest ASME Power Test Code, FTC 23. All curves shall be drawn to a scaly adequate to permit reading to an accuracy of plus or minus 0.25 F. These performance curves will be used in the analysis of field tests for determining whether or not the tower has met the guaranteed performance. teJac of ;he cfi4l4dg taper gill b a~ad~ ~y.~'h@ O~kY #~t~r o~n2rkCe~ .arid g~»etdi b~i3ra~i4n~ A).l. tCSE pYOGBy dsltYab wfl:l a sti rn0.0.0 with k aK t re4airtnnszata of tha AsTik ;Power Thi Gvi,a c czvx atsall urnfah gll spat tesr aqui airent J6", u ed ¢o perfom a Ee0L6i &'hi?tt2cE t~xe ~n<q~la?~QX f~f1 ~a Atek4 >the 6Pad~.f~ p+etidzmAn~e g~arazt~gr.~s~ the flttzr arar s 4rhaax t o the :cswn4P . d CIO '44irfotttcl ,rtadfSiaa$oas asp xeuxed to enable t3~et t~gvtmex ra dot she:gvaanceed Deleted for contract (DENTON, TEXAS - 4904 ) (COOLING TOWER IMPROVEMENTS - M-10B) 2A-S 010171 e 4 t?, a a~~~,rks a" A. . ! s`-jxr W BRIM x e. a s 'r~r s ihb t+ 'S w r i i ~F~ r 1 b., r;, ~ ~~7 3 1 3 l~'~pnR 5r! -R 2 iq 2 Y a I~x ~'~4a1i ~a TpN , u. 1 ~ s -f~ 1y + ~.5 i APPENDIX .I, g SPECIFICATIONS AND DOCUMENTS MUNICIPAL ELECTRIC GENERATING STATION CITY OF DENTON, TEXAS IMPROVEMENTS TO UNITS 1 AND 2 COOLING TOWER SPECIFICATION 4904 - M-10B ADDENDUM 1 January 14, 1971 Each bidder shall note these revisions to the contract documents and in- corporate these revisions in his proposal. Each bidder shall attach a signed acknowledged copy of this entire addendum in the front of the specifications submitted with his proposal. This addendum consists of this page and new Pages C-3, C-4, 2A-3. and 2A-4. 1. Page C3. Delete this page in its entirety and insert in its place new Page C-3 attached to this addendum. 2. :age C+.4. Delete this page in its entirety and insert in its place new Page C-4 attached to this addendum. 3. Page 2A-3. Delete this page in its entirety and insert in its place new Page 2A-3 attached to this addendum. 4. Page 2A-4. Delete this page in its entirety and insert in its place new Page 2A-4 attached to this addendum. BLACK b VEATCH Consulting Engineers ACKNOWLEDGMENT The undersigned bidder hereby certifies that the revisions set forth in this addendum have been incorporated in his bid and are a part of the contract documents. Signed, D. 0. Deuvall Vice-President - Gales Date _ January 29, 1991 (DENTON, TEXAS - 4904 ) (COOLING TOWER IMPROVEMENTS - M-108) (ADDENDUM 1 ) 011471 SPECIFICATIONS AND DOCUMENTS e MUNICIPAL ELECTRIC GENERATING STATION CITY OF DENTON, TEXAS IMPROVEMENTS TO UNITS I AND 2 COOLING TONER SPECIFICATION 4904 • M•1013 CONTRACT ISSUE THE MARLEY COMPANY 222 West Grclory Boulevard Kansas City, Missouri 64114 HLACK & VEATCii • Cons0ting Engincrrs Kansas City, Missourl 1971 ` 4. wif ' F uMK n,. m.;'j R r k~r 4-X 2 v-rrS ~vi a .~P iiti~. -7 N~ "j. t'1 Yc dl v Y h ,L f 5 yf 0. r Tn, w •;`d :,l,;F °A r.? v, ~.:i~ a t,K v t 4 .t o 1 f'', t. Bert;. `t s. tM1ti. j 1 'F J ~ t , !Y 0.7. Xr ( r. F :.3 v L ♦`7 CITY JP DEti'1'ON. TEXAS MUNICIPAL ELECTRIC GENERATING STATION ! SPECIFICATIONS AND DOCUMENTS FOR IMPROVEMENTS TO UNITS 1 AND 2 COOLING TOWER Specification 4904 M-IOB TABLE OF CONTENTS Page thru Page BIDDING REQUIREMENTS Advertisement A-1 A-2 Instructions to Biddera B-1 B-4 Proposal C-1 C-5 Proposal Data D-1 CONTRACT FORMS Contract Agreement, CA-1 CA-2 Performance Bond PS-1 PB-2 CONTRACT REGULATIONS Central Conditions OC-1 OC-15 Special Conditions SC-1 SC-6 SPECIFICATIONS PART 1 GENERAL REQUIREMENTS Section 1A - Description and Scope of Work 1A-1 IA-2 1B Construction Services 1B-1 IB-2 PART 2 TECHNICAL REQUIREMENTS Section 2A - Cooling Tower Repair and Modification 2A-1 2A-5 APPENDIX Addendum 1 dated January 14, 1971 r L^ a- (DENTON+ TEXAS 4904 (COOLING TOWER IMPROVEM$NTS - M-10B) 010171 7C-1 ADVERTISEMENT IMPROVEMENTS TO UNITS 1 AND 2 COOLING TOWER FOR DENTON, TEXAS Sealed bids will be received by the City of Denton, Texas., at the offict of the Purchasing Agent, prior to 2:00 p.m. Central Time on February 2, 1971 then publicly opened for repairing and modifying one existing cooling tower. Prospective, bidders may examine copies of the specifications at the office of Slack & Veatch, Consulting Engineers, 1500 Meadow Lake Parkway, Kansas City, Missouri. Specifications will be issued only to those bidders who have bean deter- mined by the City of Denton, Texas, to be qualified to bid. Determination of a prospective bidder's qualifications will be based entirely on written evidence submitted by the bidder in duplicate to the City and the Engineer not later than 21 days before the time set for op!ning the bids. Each prospective bidder shall submit evidence that he: Has adequate plant equipment available to do the work properly and expeditiu•isly. Has an adequate financial status to meet financial obligations incident to this work. Has adequate technical knowledge and practical experience. Has no just or proper claims pending against him on other similar work. i Has designed, manufactured, and repaired three or more units of a i similar ty;~ and rating, operating under equal or more severe ser- vice conditions than the equipment specified, and each of which has been in successful commercial operation for 3 or more years in central station power plants within the United States. The evidence shall consist of a selected listing of the units, indicating the owner's name, location, date of initial operation, rating, operating con- ditions, and type. The listing shall be specially prepared .for this particular bidding and shall list only those units falling under the above requie mients. (DENTON, TEXAS - 4904 ) (COOLING TOWER IMPROVEMENTS - M-10B) 010171 A-1 Qualified prospective bidders may obtain copies of the specifications from the Consulting Engineers (mailing address - Black b Veatch, P, 0. Sox 8405, Kansas City, Missouri 641,4). All bids must be made on printed contract document forms included in the specifications. When filed with the Purchasing Agent, each bid shall be accompanied either by an acceptable bidder's bond, a certified check, or a cashiur's check on any solvent bank, the amount of which shall be not less than 5 per cent of the amount of the bid. The bid security shall be made payable to the City Treasurer of the City of Denton, Texas. Bid security of the successful bidders will be returned when their contracts have been signed, filed with, and approved by the City. Bid security of unsuccessful bidders will be returned on award of contract or rejection of bids. No bid may be altered, withdrawn, or resubmitted within 60 days from and after the date set for the opening of bids. The City of Denton, Texas, reserves the right to reject any and all bids and to waive defects in bids. CITY OF DENTON, TEXAS John Marshall Purchasing Agent I (DENTON, TEXAS - 4904 ) (COOLING TOWER IMPROVEMENTS - M-10B) 010171 A-2 INSTRUCTIONS TO BIDDERS B.1 (1F,NERAL. These instructions apply to the preparation of proposals for equipment, materials, and related work for the City of Denton, Texas, acting through its Public Utilities Board and City Council, hereinafter referred to as the "Owner". B.2 PROP;S ALS. Proposals r,hall b. prepared and submitted in duplicate, each copy cont~-tning a complete bound copy of these contract documents. Proposals which are not p •nrred in accordance with these instructions or which are submitted withr_ c.. complete bound copy of these contract docu- ments will imply that tht ?o.:.~er does not intend to comply with all of the contract conditions and sI.aft iroposals will be considered irregular. B.2.1 Preparation. Each proposal shall be carefully prepared using the proposal and data forms bound herewith. Entries on the proposal and data forms shall be typed, using dark black ribbon, or legibly written in black ink. All prices shall be stated in words and figures except where the forms provide for figures only. Each bid ?r shall list in the space provided in the proposal form all exceptions or conflicts between his proposal and the contract documents. If more space is required for this listing, additional pages may be added behind the proposal form. If the bidder takes no exception to the con- tract documents, he shall write "None" in the space provided for the list- ing. Proposals which do not comply with this requirement will be considered irregular and may be rejected at the discretion of the Owner. In case of conflicts not stated as directed, these contract documents shall govern. The bidder shall r)t alter any part of the contract documents in any way, except by stating his exceptions in the space provided on the proposal form. The bidder shall staple or otherwise bind, with each bound copy of con- tract documents submitted, a signed copy of cacti addendum issued for these contract documents during the bidding period. The bidder shall assemble all drawings, catalog data, and other supplementary information necessar., to thoroughly describe materials and equipment covered by this Proposal, and shall attach such supplemental information to the bound copy of these contract documents submitted with the Proposal. B.2.2 Signatures. Each bidder shall sign the Proposal with his usual. signature and shall give his full business address. Bids by partnerships shall be signed with the partnership name followed by the signature and designation of one of the partners or other authorized representative. Bids by a corporation shall be signed in the name of the corporation, followed by the signature and designation of the president, secretary, or other person authorized to bind the corporation. The names of all • persons sigair.g should also be typed or printed below the signature. (DENTON, TEXAS - 4904) 102769 B-1 A bid by a person who affixes to his signature the word "president", "se,crctnry", "agent". or other desiN,nation, without disclosin;• his principal, will be re"ected. When requested, satisfactory evicence of the authority of the officer siprAng in behalf of the corporation shall be furnished. Bidding corporations shall designate the state in which they are incorporated and the address of their principal office. B.?.3 Submittal. Proposals shall tc submitted in a rio.-aled envelope addr(;ssed to the CITY OF DENTON, T!,,XAS, Attention: Purchashing Agent, and r;ndorsed on the outside of the envelope with the bidder's name and the name of the work hid upon. B.2.;i Withdrawal. Proposals may be withdrawn, altered, and resubmitted at any time before the time set for opening the bids. Proposals may not be withdrawn, altered, or resubmitted within 60 days thereafter. B.3 PROPOSAL GUARANTEE. Each proposal shall be accompanied by a certified check or cashier's check drawn on any solvent benk, or by an acceptable bidder's bond executed by the bidder and a surety company authorized to do business in the State of Texas in an amount of not less than, 5 per cent of the total bid. The proposal guarantee shall be oade payable without condition to the City Treasurer of the City of Denton, Texas, and the amount thereof may be retained by said City of Denton, Texas, as liquidated damages if the bidder's proposal is accepted and the bidder fails to enter into contract in the form prescribed, with legally responsible surety, within 10 calen- dar days after the date he is awarded the contract. The proposal guarantee of each unsuccessful bidder will be returned after award of contract or when his proposal is rejected. The proposal guarantee of the bidder to whom the contract is awarded will be returned when said bidder executes the Contract Agreement and files a satisfactory Performance Bond. The proposal deposit of the second lowest responsible bidder may be retained for a period not to exceed 60 days pending the execution of the Contract Agreement and Performance Bond by the successful bidder. B.4 INFORMATION TO BE SUBMITTED WITH PROPOSAL. Each bidder shall submit with his proposal the name of manufacturer and the type or model of each principal item of equipment or material he proposes to furnish. He shall also submit therewith drawings and descriptive matter which will show general dimensions, principle of operation, and the materials from which the parts are made. Any bid not having sufficient descriptive matter to describe accurately the equipment or materials bid upon will be rejected as irregular. The above drawings submitted by the successful bidder will be retained by the Owner. Any material departure from these drawings as submitted will not be permitted without written permission from the Owner. (DENTON, TEXAS - 4904) 042969 B-2 Vertal statements made by the bidder at any time regarding quality, quwitity, or arrangement of equipmenL will not be con31'derad. If alternate equipment or materials are indicated in the Proposal, it shall be understood that the Owner will lvtve the option of selecting any one of the alternates so indicated and such selection shall not be cause for extra compensation or extension of time. B.5 TAXES, PERMITS, ANll LICENSES. The bid price stats.-d In the Proposal snail include all taxes, permits, and licenses which migjit be lawfully F.ssessed against the Owner or the bidder on the date of the Proposal. This shall include Federal, State, and local taxes, use La.xes, occupa- tional licenses, and other similar taxes, permits, and llecrises appli- cable to the specified work. The successful bidder will be compensated for any increase in tax rates, license fees, and permit fees or any new taxes, licenses, or permits imposed after the date of the Proposal; provided however, that this pro- vision shall be limited to sales, use, excise, and other ad valorem taxes assessed against the completed work and to licenses and hermits required specifically for the proposed work. It shall be the bidder's responsibility to determine the applicable taxes, permits, and licenses. If the bidder is in doubt rue to whether or not a tax, permit, or license is applicable, he shall state in uis proposal whether this item has been included in his bid price and the amount of the applicable tax, permit, or license in question. • B.6 TIME OF COMPLETION. The time of completion of the work is a basic consideration of the Contract. The Proposal shall be based upon com- pletion of the work in accordance with the specified schedule, It will be necessary that the bidder satisfy the Owner of his ability to complete the work within the stipulated time. In this connection, attention is called to the provisions of the attached General Conditions relative to delays and extensions of time. B.7 BOND. The contractor to whom the work is awarded will be required to furnish a Performance Bond to the City of Denton, Texas in ar, amount equal to 100 per cent of the contract amount. The cost of the bond shall be included in the lump sum bid price. The bond shall be executed on the forms provided, copies of which are attached hereto, signed by a surety company authorized to do business in the State of Texas and acceptable as surety to the Owner. With the bond shall be filed copies of "Power of Attorney", certified to include the date of the bond. B.6 LOCAL CONDITIONS. If the work includes field construction, fur- nishing field labor, or furnishing of field supervision, each bidder shall visit the site of the work and thoroughly inform himself of all • conditions and factors which would affect the prosecution and completion of the work and the cost thereof, including the arrangement and condi- tions of existing or proposed structures affecting or which are affected , (DENTON, TEXAS - 4904) 042969 B-3 by the proposed work, the procedure necessary for maintenance of unin- terrupted operation, the availability and coat of labor, and facilities for transportation, handling, and storage of materials and equipment. It must be understood and agreed that all such factors have been properly • investigated and considered in the preparation of every proposal sub- mitted, as there -rill be no subsequent financial adjustment, to any contract awarded thereunder, which is based on the lack of such prior information of its effect on the cost of the work. B.9 INTERPRETATION OF SPECIFICATIONS. If any prospective bidder is in doubt as to the true meaning of any part of the proposed contract documents, he may submit to the Engineer a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the proposed documents will be made only by addendum duly issued, and a copy of such addendum will be mailed or delivered to each person receiving a set of such documents. The Owner will not be responsible for any other explanations or interpre- tations of the proposed documents. It shall be the responsibility of the bidder to advise the Engineer of conflicting requirements or omissions of information which are necessary to a clear understanding of the work before the date set for opening bids. Those questions not resolved by addenda shall be listed in the bidder's proposal, together with statements of the basis upon which the proposal is made as affected by each question. B.10 ACCEPTANCE AND REJECTION OF BIDS. The Owner reserves the right to accept the bid which, in its ,judgment, is the lowest and best bid; to reject any and all bids; and to waive irregularities and informalities in any bid that is submitted. Bids received after specified time of closing will be returned unopened. • (DENTON, TEXAS - 4904 ) (COOLING TOWER IMPROVEMENTS - M-10B) 010171 B-4 PROPOSAL City of Denton, Texas city kiall Denton, Texas Attention: Mr. John Marshall, Purchasing Agent PROPOSAL FOR IMPROVEMENTS TO UNITS 1 AND 2 COOLIk; TOWER BID NO. 71-7522 Gentlemen: The undersigned bidder having read and examined these specifications and associated contract documents for the Fbove designated shipment does here- by propose to furnish the equipment and materials and perform the work set forth in this Proposal. All prices stated herein are firm and shall not be subject to escalation provided this Proposal is accepted within 60 days. The undersigned hereby declares that the following list states any and all variations from, and exceptions to, the requirements of the contract docu- ments and that, otherwise, it is the intent of this Proposal that the work will be performed in strict accordance with the contract documents. NONE (Continued on Page C-5 y (DENTON, TEXAS - 4404 ) (COOLING TOWER IMPROVEMENTS - M-10B) 010171 C-1 LUMP SUH PRICES. The undersigned bidder hereby proposes to furnish all labor, labor super- vision, tools, and materials required to repair and modify the existing Units 1 and 2 Cooling Tower in ac:ordance with these specifications and associated contract documents listed in GENERAL CONDITIONS, Article CC-1, for the following firm lump sum prices: Item I. For furnishing the materials and performing the ma,lor repair and modification work complete as specified under Item I in Part 2 of these specifications: Fifty Eight Thousand, Six Hundred Thirty-Five Dollars _ 58 06 35.00 (Price in Words) Item IIA. For furnishing four wooden fan cylinders and performing the work complete as specified under Item IIA in Part 2 of these specifications: Five Thousand, Eight Hundred Fifty-Four Dollare 5,854,00 ) (Price in Words) Item IIB. For furnishing four glass reinforced plastic fan cylinders and performing the work complete as speci- fied under Item IIB in Part 2 of these specifications: Nine Thousand. Two Hundred Forty-Six Pollak 9,246.o0 ) (Price in Words) Item III. For replacing the exist:ing fan deck as specified under Item III in Part 2 of these specifications: Five Thousand. Six Hundred Thirty Dollars 5,630.00 ) (Price in Words) Item IVA. For replacing the existing louvers as specified under Item IVA in Part 2 of these specifications., Four Thousand, Eight Hundred Five DolT.ace (Price in Words) 'Irfj,,: Tten Ill price of rortritns for rerron%^^ce tt!rt- Tf Les, not rea>>i-i then tF,r, .'7`,[! 00 can i*r d4Ldw•t.ecl. (DENTON, TEXAS - 4904 ) (COOLING TOWER IMPROVEMENTS - M-10B) 010171 G-1 Item IVB. For replacing the existing louvers and installing notched supports as specified under Item IVB in Part 2 of these specifications: FAeven Tlxsusand,_Four Hundred Forty-Three lk,llars (Price in Wordo) - 79443.00 ) Item IVC. For deleting the splashboards under Item I and replac- ing the existing louvers as specified under Item IVC in Part 2 of these specifications: Thirteen Thousand,Five Hundral Rix Dollars ($13,506.00 ? (Price in Words) Item VA. For rebuilding the existing flow control valves and per- forming the work as specified under Item VA in Part 2 of these specifications: One Thousand, Two Hundred Ninety -Five Dollars ) (Price in Words) 16295.00 - • Item VB. For furnishing new flow control valves and performing the work as specified under Item VB in Part 2 of these specifications: One Thousand, Eight Hundred Eiphty-Cne Dollars 11881.00 (Price in Words) It is understood that the Owner reserves the right to accept any combination of the above Items 1. IIA, or IIB, III, IVA, or IVB or IVC, and VA or VB for furnishing the materials and performing the work included in those items. The undersigned proposes that he will perform the majority of the work with his own forces and that specific portions of the work not performed by the undersigned will be subcontracted by the following subcontractors: Work Subcontr.ected Name of Subcontractoa NONE NONE (DENTON, TEXAS - 4404 ) (COOLING TOWER IMPROVEMENTS - M-10B) (ADDENDUA 1 ) 011471 C-3 fib , - , T,: The undersigned hereby declares that only the persons or firma interested in the proposal as principal or principals are named herein, and that no other persons or firma than h(-rein meatio mvd have any interest in this Proposal of in the Contract Agreeiwnt to be entered into; that thte Proposal is made without connection with any other person, company, or h-irties likewise sub-- mitting a bid or proposal; and that it is in all r,-ipVfL-+ for and in good faith, without collusion or fraud, if this Proposal is accepted, the undersigned bidder igteea to start and complete the work in accordance with the schedule specified in Section 1A. The undersigned fully understands that the time of completion of the work is of the essence. Dated at Kansas City, Missouri this 2901 _ day of January____, 1'17 Bidder The ".nrlr.~ >rphn v__-- By - - li, r:, UcivtcLl Title Attest: ~r- Business Address of idder 222 West Gregory Nlvd. Kansas CitvMissouri 041111 State of Incorporation Delaware Address of Principal Office 222 West Gregory Blvd. Kansas City, 14Lssouri 04111+ (DENTON, TEXAS - 4904 ) (COOLING TOWER 1MPROVF.MbNTS - M-10$) (ADDENDUM 1 ) C-4 01.1471 Variations frond acid exceptions to, the contract documents (continued f VQDr Page C-1) . '011 F (DENTONO TEXAS - 4404 ) (COOLING TOWER IMPROVEMENTS - M-10B) 010171 C-5 PROPOSAL DATA D.1 GENERAL. Each bidder shall submit complete and drlinitive infor- mation of his offering in sufficient detail to permit a rumplete analysis of the bid. The requirements stated in the INSTRUCTinn TO BIDDERS relative to information submittal shall be followed. The requirements for information contained in this sectfun are basic requirements. Additional information shall be provldud as requested by the Owner. Each bidder shall inspect the tower and determine the extent of the work required to complete the repair and modifications included in these specifications. D.2 PERFORMANCE CURVES, The tower performance curves specified in Section 2A shall be submitted with the Proposal. D.3 SUPPLEMENTARY INFORMATION. The following supplementary information shall. be submitted; Complete details of materials of construction In accordance with Specifications 490444-IOB as outlined in Section 2A.3 Complete details of any additional work proposed No additional work proposed I (DENTON, TEXAS - 4904 ) (COOLING TOWER IMPROVEMENTS - M-10B) 010171 D-1 PRE'DICTE PI RFQRIOANCEI QP-VE.S t FOR i C]kiY 01 ' `QENTO'Q NION, 1EX115 j I gaffe 26411 3-1 Fan 11 !0 E'u~4'/156 PPM DeSi 311 000 v ~a ,.5-86,-1L f to _ _I i _ I - I 100s later Rate _ i 00 ~ ~ ~ I 1 G R~rlrlp r- I / Iq 00 I i w I I ~ f 1 f I i 1 I r . , I i { I }~I 6 6 1 7 !71 Wot-6yl.b, I i ~ ~ ~ ' : TEfE '4J1k1_EY G~if9?kN'r ' + I - r~ns.a~_.Cf.t<i,. lisSal~U-----.;; 1 CONTRACT AGREEMENT THIS CONTRACT_ AGREEMENT, made and entered Into this day of Parch 1971, by and between the CITY OF DLN'TON, TEXAS, Party of the First Part and hereinafter called the, "Owner", and 'ru MAk1.F.Y COMPANY, it Delaware corporation ` with its principal office In Kansas City, Missouri, Party of the Second Part and hereinafter called the "Contractor" WITNESSETH: THAT WHEREAS, the Owner has caused to be prepared, In accordance with law, specifLcatfons, plans and other contract documents for the work as herein specifi:d; and W_IIE_RF.A5, the said Contractor has submitted to the Owner n Proposal in accor( rice with the terms of this Contract Agreement; and WHEREAS, the Owner, in the manner prescribed by law, has determined and declared the aforesaid Contractor to be the lowest and best bidder for the said work and has duly awarded to the said Contractor a contract therefor, for the sum or sums named in the Contractor's Proposal, a copy thereof being attached to and made a part of this Contract Agreement; NOW9 THER.EF_ORE, in consideration of the compensation to be paid to the Con- tractor and of the mutual agreements herein contained, the parties to these presents have agree6 and hereby agree, the owner for itself and its successors, and the Contractor for itself, himself, or themselves, or its, his or their successors and assigns, or its, his or their executors and administrators, as follows. ARTICLE. I, That the C~,Practor shall furnish all equipment and materials and shall perform the repair. and modifications to the cooling tower serving Units 1 and 2 of the City of Denton, Texas Municipal Electric Generating Station as listed under Items It IIA, III and VA of the Proposal complete as specified and required in accordance with the provision of the contract documents, which are attached and made a part hereof, and shall execute and complete all work Included in and covered by the Owner's official award of this Con- tract Agreement to the said Contractor. ARTICLE II,. That the Owner shall pay to the Contractor for the work and mate- rials embraced in this Contract Agreement, and the Contractor will accept as full compensation therefor, the sum (subject to adjustments as provided by the contract) of SEVENTY THOUSAND SIX HUNDRED SIXTY-FOUR AND NO/100 DOLLARS ($70,664.00) comprised as follows: Lump Sum Bid Price - Item I $58,635.00 Lump Sure Bid Price - Item IIA 5,854.00 Lump Sum Bid Price - Item III 5,630.00 Lump Stan Bid Price - Item VA 1,295.00 Price deduction for elimination of performance test 750.00 Total Contract Amount $70,664.00 (DENTON, TEXAS - 4904 ) (COOLING TOWER IMPROVEMENTS - M-1013) CA-1 for all wurk covered by aild included in the contract award, designated in the foregoing Article l; payment to be made, in c.zsl or its equivalent in the manner provided In the speciftrations attachk,l hereto. ARTICLE Ili_. That time of completion is of the es~.ence of the Contract Agrewuent, and that the Contractor 416.01 proceed wt11, the spccIfted work and shell cunfonu to the following; schedule, • Shipnent of materials and equipment shall be m:~dc and repairs and modifications shall be scheduled to assure lompletion not later than May 15, 1971. Work at the site Hhal. not be started before March 1, 1971. IN WITNESS WHEREOF, the parties hereto have executed this Contract Agrci.e- ment as of the day and year first above written. CITY OF DENTON, TEXAS (SEAL) Attest THE MARLEY COMPANY (SEAL) By "d• e a PresiJent - Sales Attest __q_i E, P. Eulow Ass't, Secreterv * The foregoing Contract Agreement is in corn ct fo m according to law and hereby approved. 4F/ Attorney for Owner (DENTON, TEXAS - 4904 ) CA-7 (COOLING TOWER IMPROVEMENTS - M-1013) PLFXORM.ANCE BOND KNOW ALL MEN BY '111E:SE: F Rt:SE,` I S that wig, 'r1w MA Li A CUMPAN`. of Kansas C:I ty . Missouri, hereinafter referred to as "CoMraCLor", and fm io ers-Cofrmercia! Union_lnsurance a corporation organized under the laws of the State of Mass. and authorized to transact business in the State of 'texas, as "Surety", are held and firmly bound unto the CITY OF DENTON, 1'GXAS hereinafter referred to as "Owner", in the penal sum of SEVENTY THOUSAND SIX HUNDRFD SIXTY-FOUR AND N01100 DOLLARS ($70,664.00), for the payment of which uum, well and truly to be made to the Owner, we bind ourHelves and our heirs, executors, administrators, successors, and assigns, jointly and severally, by these presents: WHEREAS, on thelst_ day of March 1971t the Contractor entered into a written contract with the Owner for furnishing materials, supplies, and equipment not furnished by the Owner, construction tools, equipment, and plant, and the performance of all necessary labor, for and in connec- tion with the construction of certain improvements described in the attacbcd contract documents; and WHEREAS, it was a condition of the contract award by the Owner that these presents be executed by the Contractor and Surety; NOW, THEREFORE, if the Contractor shall, in all particulars, well, duly, and faithfully observe, perform, and abide by each and every covenant, condition, and part of the said contract, and the conditions, specifica- tions, drawings, and other contract documents thereto attached or, by reference made a part thereof, according to the true intent and meaning in each case, then this obligation shall be null and void; otherwise FC shall remain in full force and effect. PROVIDED FURTHER, th,:t if the Contractor shall fail to pay all just claims and demands by, or in behalf of, any employee or other person, or any firn, association, or corporation, for labor performed or materials, supplies, or equipment furnished, used, or consumed by the Contractor or his sub- contractors in the performance of the work, then the Surety will pay the full value of all such claims or demands in any total amount not exceeding the amount of this obligation, together with interest as provided by law. THE UNDERSIGNED SURETY, for value received, hereby agrees that no exten- sion of time, change in, addition to, or othcr modification of the terms of the contract or work to be performed thereunder, or of the specifica- tions or other contract document, shall in any way affect its obligation on this bond, and the Surety does hereby waive notice of any such exten- sion of time, change, addition, or modification. • (DENTON, TEXAS - 4904 } F'B-i (COOLING TOWER IMPROVEMENTS - M-10B) IN TESTUIONY W11EJJ70F, the Contractor has hereunto set lik hand and the surety has caused these presents to be executed in Its name and 'ts corporate seal to be affixed by its atw rney-in-fact at j -Kansas Cily~_Mo........ on tijL; the 1st day of March-Y-~-- 19 71_. THE KL RLF.Y COMPANY (SEAL) by f=-7 Vice President b Treasurer Employers-Commercial Union Insurance Co. _ % (SUETY COMPANY) /J oJ/k ~r, r~r K i t Li: ice! (SEAL) By (Attorney-in fact) By ~14rk. K (State Representative) (A.company this bond with attorney-in-fact's authority from the Surety Company certified to include the date of the bond.) • (DENTONO TEXAS - 4904 ) (COOLING TOWER IMPROYff'NTS - M-106) PR-.' w...w+.w..~. = rr POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that the EMPLOYERS COMMERCIAL. UNION INSURANCE COMPANY OF AMERICA, a corporation duly organised ■nd existing under the laws of the C.orrsnsonwealth of Massachusetts, and having its principal office in she City of &41on, %lass, hash made, constituted and appointed, and d„es by thew presrrsis make and corm iture and aplcolrcr RICHARD B. CONNOR, HARVEY L. NICHOLS, ALICE DeCAVELI FRANK G. ALTMAN$ CHARLES M. SINGLETON and H. A. SWAN all of Kansas City, Missouri; PAUL M. BRI17ON of Mission, Kansas; and CURTIS C. dILLIAMS of Prairie Village, Kansas and rash of them its true and lav(ul :sottrney-in-Fact, to make, It xnUte, seal and drliscr 4,r and m its I,rhalf at blurt, ant and all I aids nr undertakings I and the exreu6m of .uch ix,nds or undertakings in pursuance of these presents, shall Ix bin&rr upon said Company as fully and amply. to all intents and purposes, as if such l,,,nds were signed by the President. sealed with the Corp„rare seal of the Company, and duly anetr,d by its Secretary, hereby ratifying and confirming all the acts of said Attorney-in-Fart pursuant In The jx,wer herein given. This P„wrr of Attorney is made and executed pursuant to and by authority of the following resolutions adopted by the Board of Directors of the EMPLOYERS COMMERCIAL UNION IN5URANCE COMPANY OF AMERICA at 'a roeriing duly called and held on the Sr,ond day of December, 1968: Resolved: That the President, or any Vice-President, may execute for and in Wulf of the company any and all In,nds, secognirances, contracts of indemnity, and all other writings obligatory in the nature thereof, the same to hr attested when necrs- sary and the seal of the company affixed thereto by the Secretary, or any Assistant Secretary; and that the President, or any Vre-Prrsident may appoint and awhorire an Attorney-in-Fact to execute on behalf of the re,rnpany any and afi such instruments and hr affix the seal of the company thereto; and that the President, or any Vice-President, may at any time rvm,ve any such Ab torney-in-Fact and rrcoke all power and authority given to any such Attorney-in-Fart. Resolsed: That Attorneys-in-Fart may be given full power and authority to execute for and in the name and on behalf of the company any and all bonds, recognvanres, contracts of indemnity, and all rrthrr writings obligatory in the nature thereof, and any such instrument executed by any such Attorney-in- Fact shall be as binding upon the company as if signed by the President and sealed and attested by the Sr ovary, and, further, Attorneys-in-Fact are herel,y authorirrd to ve,ify any affidavit required to be attached to hands, recocniranrct, contracts of indemnity, and all other writings nhliguory in the nature thereof, and are also authorired and empowered to rertify to a ropy of any of the by-laws of the company at well is any resolution of the Directors having to do with the execution of bonds, recognirances, contracts of indemnity, and all other writin s obligatory in the nature thereof, and to certify copies of the Power of Attorney or with regard to the powers of any of the officers of the company or of Attorneys-in-Fut. This power of attorney is signed and sealed by facsimile under the authority of the fnllowing Resolution adopted by the Directors of the EMPLOYERS COMMERCIAL UNION INSURANCE COMPANY OF AMERICA at a meeting duly called and held on the Second day of December, 1968. "Resolved: That the signature of the President, or any Vice-President, and the signature of the Secretary or any Assistant Secretary and the Company Seal may be affixed by facsimile to any power of attornry or to soy certificate relating thereto ap- pointing Attorneys-in-Fact for purposes only of executing and attesting any bond, undertaking, rec•ggniunce or other written obliga- tion in the nature thereof, and any such signature and seal where so used, being hereby adopted by the company as the on inaf signature of such officer and the original seal of the company, to be valid and binding upon the company with the same 10:ce and effect to though manually affixed." IN WITNESS WHEREOF, the EMPLOYERS COMMERCIAL. UNION INSURANCE COMPANY OF AJLF.RICA, has caused these pf+resents Io be signed by its Vice-President and its corporate seal to be hereto affixed, duly attested by its Secretary this First dayy~ or January 1970, F.AIPLOYERS COMMERCIAL UNION INSURANCE COMPANY OF AMERICA V By-- Secretary Vice-Penitent COMMONWEALTH OF MASSACHUSETTS COUNTY OF SUFFOLK SS. On this First day r,I January 1970 , before me renoaally carne John C Thompson, Vire-President. and j Afarshx l Leydon, Secretary of the EMPLOYERS COMMERCIAL. UNION INSURANCE COMPANY OF AMERICA, to me personally known to he the individuals and officers described in and who executed the preceding instrument, and they acinow9edged the execution of the same, and being by we duly sworn, severally and each for himself deposeth and tayeth, that they are the said offirrrs of the Company aforrtaid, and that the seal affixed to the preceding instrument is the corporate seal of said Company and that the said c aporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction r,f the said Company-. Robert L. Manelli - Notary Publi (My CoMmissfon expires /une 5, 1915) ~ Ua' CERTIFICATE 1, the undersigned, Assistant Secretary of the EMPLOYERS COMMERCIAL, UNION INSURANCE COMPANY OF AMERICA, a Massachusetts Corporation, do hereby certify that the foregoing prnser of attorney is in full force and has not been re,ol,ed; and further- more, that The Resolutions of the Board of Directors set forth in the power of attorney are now in farce, Signed and sealed at the City of Bost,n. Dated this day of 19 r' sirs r E60903 •U~~~ t :-t- -ecr GENERAL CONDITIONS GC-1. OONTRjCP DOCUMENTS. It is understood and agreed that the Advertise- ment, Instructions to Bidders, Proposal, Proposal Data, Contract Agreement, Performance Bond, General Conditions, Special Conditions, Specifications, Plans, Addenda, and Change Orders, all as issued by the Owner, and specifi- cations and are engineering furnished by the andtthetworkkshall be done in the Owner, , a accordance therewith. GC-2. DEFINITIONS. Words, phrases, or other expressions used in these contract documents shall have meanings as follows: 1. "Contract" or "contract documents" shall include the items enumerated above under CONTRACT DOCUMENTS. 2. "Owner" shall mean the City of Denton, Texas named and designated in the Contract Agreement as "Party of the First Part", acting through its Public Utilities Board and City Council and their duly authorized agents. All notices, letters, and other communication directed to the Owner shall be addressed and delivered to Municipal Building, Denton, Texas. 3. "Contractor" shall mean the corporation, company, partnership, firm or individual, named and designated in th4 Contract Agree- ment as the "Party of the Second Part", who has entered into this contract for the performance of the work covered thereby, and its, his, or their duly authorized representatives. 4. "Subcontractor" shall mean and refer only to a corporation, partnership, or individual having a direct contract with the Contractor for performing work covered by these contract docu- ments. 5. "Engineer" shall mean the firm of Black & Veatch, Consulting Engineers, 1500 Meadow Lake Parkway, mailing address P.O. Box 8405, Kansas City, Missouri 64114, or its duly authorized agents, such agents acting within the scope of the particular duties entrusted to them in each case. 6. "Date of contract", or equivalent words, shall mean the date written in the first paragraph of the Contract Agreement. 7. "Dray" or "days", unless herein otherwise expressly defined, shall mean a calendar day or days of twenty-four hours each. 6. "The work" shall mean the equipment, supplies, materials, labor, and services to be furnished under the contract and the carrying out of all duties and obligations imposed by the contract documents. (DENTON, TEXAS - 4904) GC-1 (ERECTION ) 102769 9. "Plans" or "drawings" shall mean all (a) drawings furnished by the Owner as a basis for Proposals, (b) supplementary drawings furnished by the Owner to clarify and to define in greater detail the intent of the contract plans and speci- fications, (c) drawings submitted by the successful bidder with his Proposal and by the Contractor to the Owner, as approved by the Engineer, and (d) drawings submitted by the Owner to the Contractor luring the progress of the work as prori ded for 2 arein. 10. Whenever in these contract documents the words "as ordered", "as directed", "as required", "as permitted", "as allowed", or words or phrases of like import are used, it shall be understood that the order, direction, requirement, permission, or allowance of the Owner or Engineer is intended only to the extent of judging compliance with the terms of tLe contract; none of these terms shall imply the Owner or the Engineer has any authority or responsibility for supervision of the Con- tractor's forces or construction operations, such supervision and the sole responsibility therefor being strictly reserved for the Contractor. 11. Similarly the words "approved", "reasonable", "suitable", acceptable , "proper", satisfactory", or words of like effect and import, unless otherwise particularly specified herein, shall mean approved, reasonable, suitable, acceptable, proper, or satisfactory in'the judgment of the Owner or Engineer, to the extent provided in "10" above. 12. Whenever in these contract' documents the expression "it is understood and agreed", or an expression of like import is used, such expression means the mutual understanding and agreement of the parties executing the Contract Agreement. GC-3. VERBAL STATEMENTS NOT BINDING. It is understood and agreed that the written terms and provisions of this agreement shell supersede all verbal statements of representatives of the Owner, and verbal statements shall not be effective or be construed as being a, part of this contract. oc-4. STANDARD SPECIFICATIONS. Reference to standard specifications of any technical society, organization, or association, or to codes of local or state authorities, shall mean the latest standard, code, specification, or tentative specification adopted and published at the date of taking bids, unless specifically stated otherwise. lool65 FOB GC-2 GC-9. EXECUTION OF CONTRACT DOCUMENTS. Four (4) copies of the contract documents will be prepared by the Engineer. Copies of engLieering data, special forma, or other documents furnished by the Contractor, which are required to be incorporated in the contract shall be supplied. • All copies will be submitted to the Contractor and the Contractor shall execute the Contract Agreement, insert executed copies of the required bonds and power of attorney, and submit all copies to the Owner. The date of contract on the Contract Agreement and bond forms shall be left blank for filling in by the Owner. The certification date on the power of attorney document shall be also left blank for filling in by the Owner. The Owner will execute all copies, insert the date of contract on the bonds and power of attorney, retain one copy, and forward one copy each to the Contractor, Engineer, ana surety company. GC-6. SCOPE, NATURE, AND INTENT OF SPECIFICATIONS AND PLANS. The speci- fications and plans are intended to supplement, but not necessarily duplicate each other. Any work exhibited in the one and not in the other shall be executed as if it had been set forth in both so that the work will be completed according to the complete dfaign as determined by the Engineer. Should anything which is necessary for a clear understanding of the work be omitted from the specifications and plans, or should it appear that various instructions are in conflict, the Contractor shall secure written instructions from the Engineer before proceeding with the work affected by such omissions or discrepancies. It is understood and agreed that the work shall be performed according to the true intent of the contract documents. GC-7. APPROVAL OF ENGINEERING DATA. Engineering data covering ail equipment and fabricated materials to be furnished under this contract shall be submitted to the Engineer for approval. These data shall elude drawings and descriptive information in sufficient detail to .•.iow the kind, size, arrangement and operation of component materials and devices; the external connections, anchorages and supports required; performance characteristics; and dimensions needed for installation and correlation with other materials and equipment. Data submitted shall include drawings showing essential details of any changes proposed by the Contractor and all required wiring and piping layouts, No work shall be performed in connection with the fabrication or manufac- ture of materials and equipment, nor shall any accessory or appurtenance be purchased until the drawings and data therefor have been approved, axcept at the Contractor's own risk a.d responsibility. Four (4) copies of each drawing and necessary data shall be submitted to the Engineer. Each drawing or data sheet shall be clearly marked with the name of the project, the Contractor's name, and references to applicable specification paragraphs. When catalog pages are submitted, the applicable items shall be indicated. 081767 FOB GC-3 when the drawings and data are returned marked APPROVED or RECEIVED FOR DIOTRiBUTION, additional copies shall be submitted to the Engineer. The,fiumber of additional copies will be determined by the Engineer but will not exceed eight (8). When the drawings and data are returned marked APPROVED AS NOTED, the changes shall be made as noted thereon and corrected copies shall be submitted to the Engineer. The number of corrected copies will be determined by the Engineer but will not exceed twelve (12), When the drawings and data are returned marked RETURNED FOR CORRECTION, the corrections shall be made as noted thereon and as instructed by the Engineer and four (4) corrected copies shall be submitted, The Engineer's review of drawings and data submitted by the Contractor will cover only general conformity to the plans and specifications and the external connections and dimensions which affect the plant arrange- ment, The Engineer's approval of drawings returned marked APPROVED or APPROVED AS NOTED will not constitute a blanket approval of all dimensions, quantities, and details of the material, equipment, device, or item shown and does not relieve the Contractor from any responsibility for errors or deviations from the contract r,.quirements. All drawings and date, after final processing by the Engineer, shall become,'a part of the contract documents and the Work shown or described thereby shall be performed in conformity therewith unless otherwise regiifred'by the'Owner or the Engineer, GC-8. `LEGAL ADDRESS. The business address of the Contractor given in the Proposal is hereby designated as the place to' which all notices, letters, and other communication to the Contractor will be mailed or delivered. The address of the Owner appearing on Page GC-1 is hereby designated as the place to which all notices, letters and other com- munication to the Owner shall be mailed or delivered. Either party may change the said address at any time by an instrument in writing delivered to the Engineer and to the other party, GC-9. PATENTS. Royalties and fees for patents covering materials, articles, apparatus, devices, or equipment (as distinguished from processes) used in the work, shall'be included in the contract amount. The Contractor shall satisfy all demands that may be made at any time for such royalties and fees, and he shall be liable for any damages or claims for patent infringements, The Contractor shall, at his own codt'and expense, defend all suits or proceedings that may be instituted against the Owner for infringement or alleged infringement of any patents involved in the work and, in case of an award of damages, the Contractor shall pay such award: Final payment to the Contractor by the Owner will not be made while any such suit or claim remains unsettled. The Con- tractor, however, will not be held liable for the defense of any suit or 'other proceeding, nor for the payment of any damages or other costs, 081767 FOB GC-4 . r, . ~+-rR.. for the infringement of any patented process required by the contract documents; except if the Contractor has information that the process co re.,•d red`is an infringement of a patent, the Contractor shall be liable for any damages or claims in connection therewith unless he promptly notifies the Owner and Engineer of such infringement. GC-10. INDEPENDENT CONTRACTOR. The relation of the Contractor to the Owner shall be that of an independent contractor. GC-11. AUTHORITY OF THE ENGINEER. To prevent delays and disputes, and to discourage litigation, it is agreed by the parties to this eont- act that the Engineer shall in all cases determine the quantities of the several kinds of work which are to be paid for under the contract and shall determine all questions in relation to the work. If, in the opinion of the Contractor or the Owner, a decision made by the Engineer is not in accordance with the meaning and intent of the contract, either party may file with the Engineer and the other party to the contract, within thirty (30) days after receipt of the decision, a written objection to the decision. Failure to file an objection with- in the allotted time will be considered as acceptance of the Engineer's decision and the decision shall become final and conclusive. The Engineer's decisions and the filing of the written objection thereto shall be a condition precedent to the right to request arbitration or to start action in court. It is the intent of this agreement that t1here shall be no delay in the execution, of the work, and the decision of the Engineer shall be promptly observed. GC-12. ENGINEERING INSPECTION. The Owner may appoint (either directly or through the Engineer such inspectors as he deems proper, to inspect the work performed for compliance with the plans and specifications. The Contractor shall furnish all reasonable assistance :squired by the Engi- neer or inspectors for the proper inspection and examination of the work. The Contractor shall obey the directions and instructions of the Engineer or inspector when they are consistent with the obligations of this contract. Should the Contractor object to any order given by an inspector, the Con- tractor may make written appeal to the Engineer for his decision. Inspectors and other properly authorized representatives of the Owner or Engineer shall be free at all times to perform their duties, and any attempted intimidation of one of them by the Contractor or his employees shall be sufficient reason to terminate the contract if the Owner so decides. Such inspection shall not relieve the Contractor from any obligation to perform the work strictly in accordance with the plans and specifications. Work not so constructed shall be removed and replaced by the Contractor at his own expense. 090964 FOB GC-5 GC-13. NO WAIVER OF RIGHTS. Neither the inspection by the owner or Engineer or any of their officials, employees, or agents, nor any order by the Owner or Lngineer for payment of money, or any payment for, or acceptance of, the whole or any part ,%f the work by the Owner or Engineer, nor any extension of time, nor any possession taken by the Owner or its employees, shall operate as a waiver of any provision of this contract, or of any power herein reserved to the Owner, or any right to damages herein provided, nor shall any waiver of any breach in this contract be held to be a waiver of any other or subsequent breach. GC-14. MODIFICATIONS. The Contractor shall modify the work whenever so ordered by the Owner, and such modifications shall not affec•c the validity of the contract. Modifications may involve increases or decreases in the amount of the work for which an appropriate contract price adjustment will be made. Except for minor changes or adjustments which involve no contract price adjustment or other monetary consideration, all modifications shall be made under the authority of duly executed change orders issued and signed by the Owner and accepted and signed by the Contractor. GC-14.01. Extra Work. If a modification increases the amount of the work, and the added work or any part thereof is of a type and character which can properly and fairly be classified under one or more unit price items of the Proposal, then the added work or part thereof shall be paid for according to the amount actually done and at the applicable unit price or prices. Otherwise, such work shall be paid for as hereinafter provided. Claims for extra work will not be paid unless the work covered by such claims was authorized in writing by the Owner and the Contractor shall not have the right to prosecute or maintain either an arbitration proceeding or an action in court to recover for extra work unless his claim is based upon a written order from the Owner. Pkyments for extra work shall be based on agreed lump sums or agreed unit prices whenever the Owner and the Contractor agree upon such prices before the extra work is started; otherwise payments for extra work shall be based on the actual direct cost of the work plus a percentage allowance. The percentage allowance shall include the Contractor's extra profit and extra overhead and, unless otherwise agreed by the Contractor and the Owner, the percentage allowance shall be fifteen per cent (154) of the total direct cost. For the purpose of determining whether proposed extra work will be authorized or for determining the payment method for extra work, the Contractor shall subunit to the Engineer, upon request, a detailed cost estimate for proposed extra work. The estimate shall show itemized quantities and charges for all elements of direct cost and a percentage allowance to cover extra profit and extra overhead. Unless otherwise agreed by the Contractor and the Owner, the percentage allowance shall be fifteen per cent (154) of the total direct costs. 100165 FOB GC-6 GC-14,02. Decreased Work. If a modification decreases the amount of work to be done, such decrease shall not constitute the basis for a claim for damages or anticipated profits on work affected by such de- crease. Where the value of omitted work is not covered by applicable unit prices, the Engineer shall determine on an equitable basis the amount of (a) credit due the Owner for contract work not done as a result of an authorized change, (b) allowance to the Contractor for any actual loss incurred in connection with the purchase, delivery and aubiequent disposal of materials or equipment required for use on the work as planned and which could not be used in any part of the work as actually built, and (c) any other adjustment of the contract amount where the method to be used in making such adjustment is not clearly defined in the contract documents. GC--15. ARBITRATION. Before bringing any action in court pertaining to a decision of the Engineer, the objector (hereinafter referred to as Party A) to the decision shall first offer to arbitrate the question with the other party to the contract (hereinafter referred to as Party B) by notifying him in writing and setting forth in such notice the question to be arbitrated. Party B cat: elect to arbitrate or not. If Party B agrees to arbitrate he shall so advise Party A in writing within ten (10) days after receipt of Party A's notice. Notice by Party B that he does not wish to arbi- trate or failure of Party B to notify Party A within the ten (10) day period will give Party A the right to start action in court. If Party B agrees to arbitrate, Party A shall choose an arbitrator and shall notify Party B of the name of the arbitrator within ten (10) days after receipt of Party B's notice. Party B shall notify Party A in writing within ten (10) days after receipt of the said notice that the arbitrator named by Party A shall act as sole arbitrator, or shall name an additional arbitrator. If Party B names an additional arbitrator, then the arbitrator need by Party A and the arbitrator named by Party B shall choose a third arbitrator. The arbitrator or arbitrators shall act with promptness. In the case of three arbitrators, the decision of any two shall be binding on both parties to the contract, as shall that of a single arbitrator if the dispute is submitted thereto as heretofore provided. The decision of the arbitrator or arbitrators may be filed in court to carry it into effect. If they consider that the case so demands, the arbitrator or arbitrators are authorized to award the party whose contention is sustained such sum or sums as they may deem proper for the time, expense and trouble inci- dent to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The arbitrators shall receive reasonable compensation for their services. The arbitrators shall assess the costs and charges of the arbitration upon either or both parties. The decision of the arbitrators must be made in writing, and shall not be open to objection on account of the form of proceedings or award. 050163 FOB GC-7 rgA 7, If for any reason after the said notices have been duly given by Party A and Party B, the arbitrators appointed shall be unable or 6hall' fail to act with reasonable promptness in appointing a third arbitrator, Party A (or, if he does not do so within a reasonable time, Party B) may request a judge of the United States District Court who regularly holds court is the district in which the site of the work, or any part thereof, is located, to appoint the third arbitrator. If it appears to the judge that the two arbitrators originally appointed were unable or failed to act with reason- able promptness in appointing a third arbitrator, he MkAl appoint the third arbitrator, and such appointment shall constitute a conclusive determination that the arbitrators originally appointed were so unable or failed to act with reasonable promptness and, if the said judge acted at the request of Party B, that Party A did not make such request within a reasonable time. If for any reason after the arbitrator or arbitrators have been duly appointed, the arbitrator or arbitrators shall be unable or shall fail to act with reasonable promptness in reaching a decision regardin; the question submitted to arbitration, Party A (or, if he does not do so within a reasonable time, Party B) may request a judge of the Unitrsd States District Court who regularly holds court in the district ir, which the site of the work, or any part thereof, is located, to ar."cint three new arbitrators to act hereunder. If it appears to such )edge that the arbitrator or arbitrators originally appointed were unable or failed to act with reasonable promptness in reaching a decision regarding the, question submitted to arbitration, he may appoint three new arbitrators to act hereunder; and such ar. appointment shall constitute a conolusive. determination that the arbitrator or arbitrators originally appointed were so unable or failed to act with reasonable promptness and, if the said judge acted at request of Party B, that Party A did not make such request within a reasonable time. If for any reason a third arbitrator or three new arbitrators shall not be appointed by a judge of the United States District Court under the circumstances hereinabove described, or if three new arbitrators, are so appointed and are unable or fail to act with reasonable promptness in reaching a decision regarding the questit.i submitted to arbitration, then the arbitration procedure shall be deemed to have failed and the parties shall be free to assert their rights in the same manner as if they had not agreed to submit the question to arbitration. If the above agreement to submit questions of dispute to arbitration is not enforceable under the law of applicable jurisdiction, each such question after it has arisen may by agreement of both parties hereto be submitted to arbitration in the manner set forth above. The Contractor shall not cause a delay of the work during arty arbitration proceedings, except by agreement with the Owner. It is,understood and agreed by the parties to the contract that no requirement or statement herein shall be interpreted as curtailing the power of the Engineer to determine the amount, quality, and acceptability, of work and materials. - 050163 FOB s GC-8 1 F a •c a. % Oc-16. RIGHT OF OWNER TO TERMINATE CONTRACT. If the work to be done under`this contrao: is abandoned by the Contractors or if this contract is assigned by him vithout the written consent of the Owner; or if the contractor is adjudged bankrupt; or if a general assignment of his assets is made for the benefit of his creditors; or if a receiver is appointed for the Contractor or any of his property; or if at any time the Engineer certifies in writing to the Owner that the performance of the work under this contract is being unnecessarily delayed, that the Contractor is violating any of the conditions oC this contract, or that he is executing the same in bad faith or otherwise not in accord- ance with the terms of said contract; or if the work is not substantially completed within the time named for its completion or within the time to which such completion date may be extended; then the Owner may serve written novice upon the Contractor and his surety of said Owner's inten- tion to terminate this contract. Unless within five (5) days after the serving of such notice a satisfactory arrangement is made for contin- uance, this contract shall terminate. In the event of such termination, the surety shall have the right to take over and complete the work, pro- vided, that if the surety does not commence performance within thirty (30) days, the Owner way take over ani prosecute the work to completion, by contract or otherwise. The Contractor and his surety shall be liable to the Owner for all excess cast sustained by the Owner by reason of such prosecution and completion. The Owner may take possession of, and utilize in completing the work, all materiale, equipment, tools, and plant on the site of the work. OC-17, SUSPENSIOti OF WORK. The Owner reserves the right to suspend and reinstate execution of the whole or any part of the work without Invali- dating the provisiona of the c:)ntraet. Orders for suspension or reinstatemer of the work will be issued by the Owner to the Contractor in writing., The time for completion of the work will be extended for a period equal to the time lost by reason of the suspension. Changes in Contractor's price or delivery schedules which occur during a period of suspension ordbred by the Owner shall not affect this contract except as agreed by the Owner and the Contractor. If the Contractor proposes to apply sv.h changes to this contract, he shall present his proposal to the Owner in writing. During the 30 day period from and after the receipt by the Otinier of such written proposal, the Owner shall be permitted to reinstate the work without change. 3f the work is not reinstated during this 30 day period, the Owner and the Contractor shall agree upon reasonable and proper changes or the Owner may cancel the unshipped portion of the work. Changes in delivery schedule shall mean extension of the scheduled time of delivery beyond the number of days of the suspension period. o5ol63 FOB GC-9 GC-16. DELAYED SHIPMENT. The Owner reserves the right to order the contractor to delay shipment of equipment and materials herein con- tracted. Xn the event such a delay is ordered by the Owner in writing, the Owner will pay the Contractor reasonable and proper extra charges incurred by the Contractor as a result of the delay. Such extra charges shall include storage charges, htindling charges, insurance, interest on investment, and transportation charges to the storage ,facility. GC-19. CANCELLATION OF WORK. The Owner reserves the right to cancel the unshipped portion of the work. In the event of cancellation, the owner will pay the Contractor reasonable and proper cancellation charges. GC-20. LAWS AND ORDINANCES. The Contractor shall observe and comply with all ordinances, laws, and regulations, and shall protect and indemnify the Owner and the Owner's officers and agents against any claim or liability arising from or based on n-j violation of the same. All persits and licenses required in the pro,.:ution of the work shall be obtair:ed and paid for by the Contractor. GC-21. HINDRANCES AND DELAYS. In executing the Contract Agreement, the Contractor expressly covi.nants that, in undertaking to complete the work vithin.the time therein fixed, he has try-en into consideration and made allowances for all hindrances and delay:, incident -to.the work. No claim shall be made by the Contractor for hindrances or delays from any' cause during, the progress of the xork, except as provided in the phragi'aph on "SUSPENSION'.0F WORK": GC-22. EXTENSIONS OF TIME. Should the Contractor be delayed in the final completion of-the work,by strikes, fire, or other esuse beyond ,the control of the Contractor and which, in the opiniol of the Engineer, ' could have been neither anticipated nor avoidedi then :v, extension of time sufficient to compensate for the delay, as determi;.i by,the Engineer, shall be granted by the Owner; provided, that the Contractor shall give the Owner and the Engineer prompt notice in wr:+Ang of the cause of delay in each case and shall demonstrate that he t,as used all reasonable means to minimize the delay. Extensions of time will not be granted for delays caused by unfavorable weather, inadequate working force, or the failure of the Contractor to place orders for equipment or materials sufficiently in advance to insure delivery when needed. GC•.23. MATEHIAIB AND EQUIPMENT, Unless specifically provided other- wise in each case, sll materials and equipment furnished for permanent installation in the work shall conform to applicable standard specifi- cations and shall be new, unused, and undamaged when installed or otherwise incorporated in the work, No such material or equipment shall be used by the Contractor for,any purpose other than that intended or specified, unless such use is specifically authorized by the Engineer in each case. 050163 FOB GC-10 GC-24. GUARANTEE. The Contractor guarantees that the material and equipment herein contracted will be as specified and will be 1`ree frc,,,.% defects in design, workmanship and materials. If within the guarantee period the material or equipment fails to meet the provisions of this guarantee, the Contractor s:.all promptly correct any defects, including nonconformance with the specifications, by adjustment, repair or re- placement of all defective parts or materials. Unless otherwise specified, the guarantee period shall begin on the date of final payment or the date of initial operation, whichever is later, and the guarantee period shall end 12 months later. If manufacturer's field supervisors are included in Vie contract, such supervision shall be furnished by the Contractor without cost for the correction of any defects. The Contractor will be given an opportunity to confirm the existence of the defect but he shall not delay the correction while making such determination. The Contractor shall ext^nd the provisions of this guarantee to cover all repaired and replacement parts furnished under the guarantee pro- visions for a period of one year from the date of their installation. If within ten days after the Owner gives the Contractor notice of a defect, the Contractor neglects to make, or undertake with due dili- gence to make, the necessary corrections, the Owner is hereby author- ized to make the corrections himself, or order the work to be done by a third pasty, and the cost of the corrections shall be paid by the Contractor. ' In the event of an emergency where in the Judgment of the Owner, the delay resulting from giving formal notice would cause serious loss or damage which could be prevented by immediate action, defects may be corrected by the Owner, or a third party chosen by the Owner without giving prior notice to the Contractor and the cost of the corrections shall be paid by the Contractor. In the event such action is taken by the Owner, the Contractor will be notified promptly and shall assist wherever possible in making the necessary corrections. GC-25. CLAIMS FOR LABOR AND MATERIALS. The Contractor shall indem- nify and save harmless the Owner from all claims for labor and mate- rials furnished under this contract. The Contractor shall submit satisfactory evidence that all persons, firms, or corpora*ions who have done work or furnished materials under this contract, for which the Owner may become liable under the laws of the state, have been fully paid or satisfactorily secured. In case such evidence is not furnished or is not satisfactory, an amount shall be retelned from moneys due the Contractor which, in addition to any other sums that may be retained, will be sufficient, in the opinion of the Owner, to meet all claims of the persons, firms and corporations as aforesaid. • Such sum or sums shall be retained until the liabilities as aforesaid are fully discharged or satisfactorily secured. (DENTON, TEXAS - 4904) 102769 FOB GC-11 GC-26. RELEASE OF LIABILITY. The acceptance by the Contractor of the last payment shall be a release to the Owner and Every officer and agent thereof from all claims and liability hereunder for anything done or furnished in connection with the work, or for any act or neglect of the Owner or of any person relating to or affecting; the work. GC-27. DEFENSE OF SUITS. In case any action in court is brought against the Owner or Engineer or any officer or agent of either of them, for the failure, omission, or neglect of the Contractor to perform any of the covenants, acts, matters or things by this contract undertaken; or for injury or damage caused by the alleged negligence of the Contractor or his agents; the Contractor shall indemnify and save harmless the Owner and Engineer and their officers and agents from all losses, damages, costs, expenses, Judgments, or decrees whatever arising out of such action. GC-28. INSURANCE. The Contractor shall secure and maintain throughout the duration of this contract insurance of such types and in such amounts as may be necessary to protect himself and the interests of the Owner against all hazards or risks of loss as hereinafter specified. The form and limits of such insurance, together with the underwriter thereof in each case, shall be approved by the Owner but regardless of such approval it shall be the responsibility of the Contractor to maintain adequate insurance coverage at all times. Failure of the Contractor to maintain adequate coverage shall not relieve him of any contractual responsibility or obligation. Satisfactory certificates of insurance shall be filed with the Owner prior to starting any construction work on this contract. The certificates shall state that ten (10) days written notice will be given to the Owner before any policy covered thereby is changed or canceled. GC-28,01. Workmen's Compensation and Employer's Liability. This insurance shall protect -'hantractor against all claims under applicable state workmen's compensation laws. The Contractor shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workmen's compensation law. This policy shall include an "all states" endorsement. The :'.iability limits shall not be less than the following: Workmen's compensation - Statutory Employer's liability - $1009000 each person GC-28.02. Comprehensive Automobile Liability. This insurance shall be written in comprehensive ye form and shall protect the Contractor against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles, and shall cover operation on or off the site of all motor vehicles licensed for highway use, vhether they are owned, nonowned, or hired. (DENTON, TEXAS - 4904) ; (ERECTION ) GC-12 092769 The liability limits shall not be less than the fmIlowingt Bodily - $250,000 each person - $500,000 each occurrence Property damage - $100,000 each occurrence GC-28.03. Comprehensive General Liability. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims arising from injuries to members of the public or damage to property of others arising out of any act or omission of the Contractor or his agents, employees, or subcontractors. In addition, this policy shall specifically insure the contractual liability assumed by the Contractor under the fore- going paragraph entitled "Defense of Suits". To the extent that the Contractor's work, or work under his direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground property. The liability limits shall not be less than the following: Bodily injury $250,000 each person $500,000 each occurrence Property damage $500,000 each occurrence $500,000 aggregate GO-28.04. Builder's Risk. This insurance shall be written' in completed value form and shall protect the Contractor and the Owner against risks of damage to buildings, structures, and materials and equipment not otherwise covered under installation floater insurance, from the perils of fire and lightning, the perils included in the standard extended coverage endorsement, and the perils of vandalism and malicious mischief. The amount of such insurance shall be not less than the insurable value of the work at completion less the value of the materials and equipment in- sured under installation floater insurance. Equipment shall be insured under installation floater insurance when the aggregate value of the equipment exceeds $10,000. If the work does not include the construction of building structures, this builder's risk insurance may be omitted providing the installation floater insurance fully covers all work. Builder's risk insurance shall provide for losses to be payable to the Contractor and the Owner as their interests may Appear. • (DENTON, TEXAS - 4904) (ERECTION ) CC-13 092769 GC-28.05. Installation Floater. This insurance shall protect the Con- tractor rind the Owner from all insurable risks of physical loss or damage to materials and equipment not otherwise covered under builder's risk insurance, while warehouse3 or storupe areas, during, installation, during testing, anti after the work in completed. It shall be of the "all risks" type., with coverages designed for the circumstances which may occur in the particular work included in this contract. Uie coverage shall be for an amount not less than the value of the work at completion, less the value of the materials and equipment insured under builder's risk insurance. The value shall include the aggregate value of the Owrnor-furnished equip- ment and materials to be erected or installed by the Contractor not other- wise insured under builder's risk insurance. Installation floater insurance shall provide for losses to be payable to the Contractor and the Owner as their interests may appear. If the aggregate value of the Owner-furnished and Contract or-furn ished equipment is less than $10,000 such equipment may be covered under builder's risk insurance, and if so covered this installation floator insurance may be omitted. Certificates of insurance covering installation floater insurance shall quote the insuring agreement and all exclusions as they appear in the policy; or in lieu of certificates, copies of the complete policy may be submitted. rC-29. PAYMENTS. Payment will be based on the Engineer's which the Engineer will prepare and submit to the Owner in acccordance withcate the following schedules. The Engineer's payment certificate shall not con- stitute approval or acceptance of any part of the work, except as a basis for the Owner's official acceptance (as defined in Article GC.2), and shall not relieve the Contractor from any responsibility or liability essential or related to the fulfillment of this contract. ' GC-29.1. Equipment and Materials. Payment for equipment and materials de- livered will be made in accordance with the following schedule: 80% of the price of complete, integral units or assemblies of equipment or material will be paid upon shipment pending receipt of the Engineer's payment certificate which will be issued promptly upon notice of shipment but not before the shipping date specified or otherwise approved by the Owner. 15% of the price of complete, integral units or assemblies of equipment or material will be paid upon receipt of the Engineer's payment certificate which will be issued promptly upon satisfactory delivery but not before the delivery date specified or otherwise approved by the Owner. (DENTON, Two, - 4904) (ERECTION ) GC-14 102769 GC-29.2. Erection. Payment for equipment and materials erected will be made in accordance with the foliovl ng schedule. On or about the first day of each month, the Engineer will make an esti- mate of the value of the work done during the previous calendar month. The estimated cost of repairing, replacing, or rebuilding, any part of the work or replacing materials which do not conform to the plans and specifications will be deducted from the estimated value. The Contractor shell furnish to the Engineer such detailed information as it may request to aid in the preparation of monthly estimates. The Owner will pay to the Cottractor by the twenty-fifth day of the month 90 per cent of the estimated value less any previous payments. GC-29.3. Cost Breakdown. Prior to final payment, the Contractor shall furnish the Owner a cost breakdown of the final contract price by re- tirement units in accordance with a listing of such units furnished by the Owner. GC-29.4. Final Payment. The unpaid balance of the total equipment and materials, and erection contract price, adjusted according to any provi- sion of the contract, will be paid within 30 days after receipt of the Engineer's final payment certificate and the Owner's official acceptance of the work. Final payment for equipment and materials will be not later than 365 days after complete delivery, providing the equipment and materials are in accordance with these contract documents as far as can be determined. GC-30. TAXES, PERMITS, AND LICENSES. Unless otherwise specified in these contract documents, the Contractor shall pay all sales, use, excise, and other taxes that are lawfully assessed against the Owner or Contractor in connection with the work under this contract and shall obtain and pay for all licenses and permits required for the work. The Contractor will be compensated for any increase in tax rates, license fees, and permit fees or any new taxes, licenses, or permits imposed after the date of the Proposal; provided however, that this provision shall be limited to sales, use, and excise taxes assessed against the completed work and to licenses and permits required specifically for the proposed work. (DENTON, TEXAS - 4904) (ERECTION ) GC-15 092769 P SPECIAL CONDITIONS SC.1 GENERAL. The requirements of these Special Conditions are nontechnical in nature and shall supplement the General Cenditicns in the administration and regulation of the field erection work included under these specifications. SC.2 PROJECT COORDINATION. The overall project coordination for the Unit 5 Addition to the Municipal Electric Generating, Station will be under the direction of the Engineer. SC.2.1 Completion Schedule. Completion of the Unit 5 Addition to the Municipal Electric Generating Station on schedule is esnential to the Owner. Unit 5 is scheduled for firm commercial operation April 15, 1973. The work under these specifications shall be completed on or before the dates specified in Section IA. Completion of the work on schedule is of the essence and is required to maintain the overall project completion schedule. The Contractor shall be solely responsible for completing his work on sched- ule. If at any time, the Contractor's work is behind schedule he shall initiate immediate and definite procedures for accelerating the work as required to get the work back on schedule. The Contractor will not be al- lowed extra compensation for costs resulting from additional regular or premium time required to keep the work on schedule. SC.2.2 Cooperation with Owner. In the event that it is necessary to either interrupt the power supply or to impose abnormal opprat,ing condi- tions on the Owner's power system, such prceedure must be approved by the Owner and a complete understanding and avveement must be reached by all parties concerned, well in advance of the time scheduled for such opera- tion, and such understanding shall be definite as to date, time of day, and length of time required. All work shall be scheduled to suit the Owner's convenience, taking into consideration the power system facilities and requirements at all times during construction. The Contractor shall be responsible for paying all regular and premium time labor costs arising from the necessity to perform work which affects the Owner's system facilities at times other than regular working hours. SC.2.3 Relations with Other Contractors. The Contractor shall cooperate with all other contractors who may be performing work in behalf of the Owner and workmen who may be employed by the Owner on any work in the vicinity of the work to be done under this Contract, and he shall so con- duct his operations as to interfere to the least possible extent with the work of such contractors or workmen. He shall promptly make good, at his own expense, any injury or damage that may be sustained by other contractors or employees of the Owner at his hands. Any difference or conflict which may arise between the Contractor and other contractors or between the Con- tractor and workmen of the Owner in regard to their work shall be adjusted (DE11TON, TEXAS - 4904) (ERECTION ) 091769 SC-1 and determined by the Engineer, if- the work of tlv~- Contractor is delayed becuuse of any acts or omissionq of any other contractor, the Contractor shall have no claim against the Owner on that account other than an extension of time. Whenever there is interference with work under other contracts, the Engineer shall decide the manner in which the work shall proceed vn der each con- tract. SC.2.4 !J+ ethods of 2keration. The Contractor shall Inform the Engineer in advance concerning his plans for carrying on each part of the work. If at any time t::e Contractor's plant or equipment or his methods of executing the work appear to the Engineer to be inadequate to insure the required safety, quality, or rate of progress of the work, the Engineer may order the Con- tractor to increaQ,e or improve his facilities or rwthods and the Contractor shall promptly comply with such orders; but neither compliance with such orders nor failure of the Engineer to issue such orders shall relieve the Contractor from his obligation to secure the degree of safety, the quality of work, and the rate of progress required by this Contract. The Contractor alone shall be responsible for the safety, adequacy, and efficiency of his plant, equipment, and methods. Any method of work suggested by the Owner or Engineer, but not specified, shall be used at the risk and responsibility of the Contractor; and the Engineer and Owner will assume no responsibility therefor. Approval by the Owner or Engineer of any plan or method of work proposed by the Contractor shall not relieve the Contractor of any responsibility there- for, and such approval shall not be considered as an assumption of any risk or liability by the Owner or Engineer, or any officer, agent, or employee thereof. The Contractor shall have no claim on account of the failure or inefficiency of any plan or method so approved. SC-3 PREVAILING WAGE RATES, The Contractor and his subcontractors shall not pay wage rates which are less than the prevailing hourly wage rate for each craft or type of workmen engaged on similar erection work in the sur- rounding area. SC.4 CONTRACTOR'S FIELD ORGANIZATION. The Contractor'd field organization shall include adequate management, t, supervisory, and technical personnel on the site to insure expeditious and competent handling of all matters related to the work. (DENTON, TEXAS - 4904) (ERECTION ) 091769 SC-2 SC.4.1 Contractor's Personnel. All personnel employed by the Contractor small be fully qualified to perform the work assigned. If it becomes necessary to replace any of the key supervisory personnel, the Contractor shall have a suitable replacement available coincident with the release of the individual. If any of the key positions become vacant because of elements beyond the control of the Contractor, replacement personnel shall be obtained within 10 days. SC.4.2 Suaervisory_ Personnel. The Contractor fiiH staff shall in lode supervisory personnel experienced in engineering, p g, and techcal direction of all field erection work. The supervisory personnel shall remain on the site until final acceptance of the work by the Owner. th eDsole aofdmitheniLtrContractoration of field erection T=T 1 FIELD work SC.5.1 Cost Breakdown. The Contractor shall prepare and submit to the Engineer for approval a breakdown cost estimate of the work. The cost breakdown shall show the estimated value of eachcaatlegory of work andis partial payment invoice shall be approved by the Engineer before any prepsred. SC-5.2 Subcontractors. It is the intent of these specifications that the Contractor shall perform the majority of the work vita his own forces and only organization. haveobeenflisted under mthe ay his own work may only by roved b the owner as ' by the Contractor in the Proposal and who are app by provided in the General Conditions. All subcontractors shall be directly responsible to the Contractor and shall be under his general supervision All v workasperformed work performed byrthesCoshall be ntractor'sbowntforces. same pro- SC-5.3 Purchase Orders. The Contractor shall submit to the Engineer two copies of each purchase order for all materials and equipment furnished under these specifications for incorporation in the permanent construction. ma- Each purchase order shall show the vendor's name, manufacturer's requested terials, type, model number, size, quantity, delivery date of the material and equipment ordered. The purchase order copil.s shall be submitted to the Engineer before or at the time they are issued to the vendor. SC-5-4 Field Records. The Contractor shall maintain, d r ing the prsupple- of the work, up-to-date copies of all drawings, specificatt and mentary data, complete with latest revisions thereto. In addition, the Contractor shall maintain a continuous record of all field deviations from (DE ETON , TEXAS - 490) 6C-3 (ERECTION 102769 the approved erection drawings and, at the conclusion of the work, shall submit to the Engineer a scat of the latcal revisions of all drawings and specifications marked to show "as built" deviations. The Contractor shall submit sketches or marked prints to the Engineer showing each approved field deviation within 10 days after each such deviation has been approved by the Engineer. SC.5.5 Cls~anlinc Special attention shall be given to keeping the structures an!'. siding grounds clean and free from trash and debris. The Contractor employ sufficient and special personnel to thoroughly clean his work arena continuously each working day and shrill cooperate with the other contractors to keep the entire construction site clean. This shall include sweeping the floor, collecting and disposing of trash, and all other functions required to keep the site clean. Materials and supplies shall be stored in locations which will not block accessways, and arranged to permit easy cleaning of the area. At the close of each workweek and at the close of each day preceding a holiday all hoses, cables, extension cords, and similar materials shall be removed from the construction area and stored in t'-,.e Contractor's ware- houses or other storage areas. All trash, debris, and waste materials shall be collecte9, sorted, and hauled to the city dump. Promptly upon the completion of the construction work, the Contractor shall thoroughly clean his work and adjacent work made dirty by his operations, removing all accumulations of dirt, scraps, waste, oil, grease, weld spatter, insulation, paint, and other foreign substances. Surfaces damaged by de- posits of insulation, concrete, paint, weld metal, or other adhering ma- terials shall be restored by the Contractor. SC.5.6 Construction Area Limits. The Engineer will designate the bound- ary limits of access roads, parking areas, storage areas, and construction areas, and the Contractor shall not trespass in or on areas not so desig- nated. The Contractor shall be responsible for keeping all of his personnel out of areas not designated for the Contractor's use, except, in the case of isolated work located within such areas, the Owner will issue permits to the specific Contractor personnel to enter and do the work. SC.5.7 Food Services. No food services will be permitted on the con- struction site. SC.5.8 Use of Elevator. The Contractor will not be permitted to use the existing service elevators. The Contractor shall provide his own personnel lifts and hoists for ma- terial. (DENTON, TEXAS - 4904) SC-~4 (ERECTION ) 102769 gC.6 SAFf1__ily AND ACCIDENT PREVDd TlGN- It shall be the Contractor's spon- sibilityto maintain, throup;}:out the: ..:onstruction pcri.i, U safety a. accident preventicia grogram which meets the requirements of Federal, ate, and local codes, and of all other authorities having }uriediction cve: this work, Au a supplement to requirements of such juthorltlco, the "Manu e- of Accident Prevention in Construction" published by the Associated Genera.:- Contractors of America, Inc. is reconunended as a guid(- for safety and accident prevention. All personnel shall wear hard hats at all times when th-y are in the con- struction area. SC-7 FIRE PROTECTION. Drily construction procedures which minimize fire hazards to the extent practicable shall be used. Cornbuutible debris and waste materials shall be collected and hauled to the city dump each day, as provided hereinbefore under "Cleanlir, Fuels, solvents, and other volatile or flammable materials shall be ored away from the construction and storage areas in well marked, safe ca Liners. Good housekeeping, essential to fire prevention, shall be pra iced by the- Contractor through- out the construction period. The Contractor shall follow the recommenda- tions of the AGC "Manual of Accident Prevention in Construction" regarding fire hazards and prevention. The Contractor shall provide adequate fire protection equipment in each warehouse, office, and other temporary structures, and in each work area which he is occupying. Access to fire hydrants and other sources of fire water shall be identified and kept open at all times. SC.8 PROTECTION OF WORK. The Contractor shall be solely responsible for the protection of his work until its final acceptance by the Owner. The Contractor shall have no claim against the Owner or the Engineer be- cause of any damage or loss to the Contractor's work, and shall be respon- sible for the complete restoration of damaged work to its original condi- tion complying with the specifications and drawings. If the Contractor's work is damaged by another party not under his super- vision or control, the Contractor shall make his claim directly with the party involved, If a conflict or disagreement develops between the Con- tractor and one of the other contractors concerning the responsibility for damage or loss to the Contractor's work, the conflict shall be re- solved as provided in the General Conditions. Such conflict shall not be cause for delay in the restoration of the damaged worn. The Contractor shall restore the work immediately and the cost thereof will be assigned pending the resolution of the conflict. SC.8.1 Security. The Contractor shall be responsible for all material and equipment in his custody or placed in construction by him. Security methods shall be employed as required to insure the protection of such material and equipment from theft, vandalism, fire, and all other damage and loss. (DENTON, TEXAS - 4904) (ERECTION ) SC-5 102769 5C.8.2 Protection of Concrete Surfaces. Concrete fl„rr and other con- crete surfaces shall be protected from chipping, gouGiry;, scratching, staining, and other damage. Damaged sections shall be repaired or removed and replaced subject to the Engineer's discretion and rij,proval. Heavy planks and mats shall be placed under equilmment rind materials being stored, moved, assembled, or installed on or above ccr,~:rote floor surfaces. Nonflammable, oil resistant coverings shall be used t, protect concrete surfaces from staining. SC.8.3 Protection of Gratin and Stair Treads. Floor orating and stair treads shall be protected against damage from heavy Ir,A r5, movement of equipment, materials, flame cutting, welding, and other construction damage. Where heavy equipment or material loads are to be stored or moved over grating, they shall be supported directly from the strietural steel. Damaged sections of grating shall be repaired or replaced subject to the Engineer's discretion and approval. SC.8.4 Minor Defects. The Contractor shall readjust, straighten, and repair minor defects and fabrication errors which are normally encountered in the Owner-furnished structures, foundations, and materials. No claims for extra compensation in connection with such work gill be considered unless the claim is made in accordance with the applicable provisions in the General Conditions. • When field labor is needed to correct significant errors in Owner-furnished equipment and materials, the Contractor shall furnish such labor when so requested by the manufacturer or by the Owner with the consent of the manu- facturer. Such labor shall not be included in this Contract and the Con- tractor shall obtain payment for the labor from the manufacturer. sC.8.5 Repair of Damages. The Contractor shall repair immediately any damage done to the Owner's facilities as a result of construction work or abnormal use. All such repair work shall be subject to the approval of the Owner. (DENTON, TEXAS - 4904] (ERECTION ) 0520;0 sC-6 7Net,- 4 .y.I'1 1 ! h M 1 IY . y, 7 -*7 I1 tiT 4t1 5 .'\.PART 1 - GENERA, REQUIRE)MS CONTENTS Page thru Page Section IA - DESCRIPTION AND SCOPE OF THE WORK 1 lA-1 IA-2 J.A,1 General 1A.2 Purpose of the Specifications IA-1 1A.3 Work Included Under These Specifications IA-1 JA.4 Work Not Included Under These IA-1 Specifications 1A-1 IA.5 Contractor's Supervision 1A.6 Schedule IA-A2 2 Section It - CONSTRUCTION SERVICES 1B-1 18-2 18.1 General 18.2 Field Office and Temporary Facilities IS-1 1B3 Utilities ID-1 1B`,4 Compressed' Air- 1B-1 1B.5 Temporary Nesting IB-2 iB.6 Sanitary Facilities iB-2 18-2 (DENTON, TEXAS 4404 (COOLING TOWER IMPROVEHENTS - M-10B) 010171 . TC1-1 r,r Section IA - DESCRIPTION AND SCOPE OF THE WORK GENERAL. Th section covers the lementary requirements scope the and the work, and supppp Y for equipment, mat services included under these specifications. 1A.2 PULSE OF THE SPECIFICATIONS. The purpose of these specifications is to procure the highest quality equipment, materinis, and workmanship in accordance with the specified requirements and bast accepted practice. Proposed equipment and materials which do not comply with these specifi- cations shall not be allowed. The Contractor shall be responsible for furnishing equipment and materials which do comply fully, including guaranteed performance, at no change in the contract price. 1A.3 WORK INCLUDED UNDER THESE SPECIFICATIONS. The work under these specifications shall include the furnishing of all materiale, equipment, supplies, services, tools, and labor required to repair and modify the except cooling s as specificallyrspecifieditoebeifurnished ortaccomplished cbyithe,owner. as Equipment, and accessories anddetcredenear the tower site by the Owner. A railroad siding will be available at the plant site for delivery of equipment and materials. The equipment will be tested by the Owner, after completion of the repairs and modifications to demonstrate its ability to operate under the conditions, and fulfill the warranties and guarantees, as specified herein. If the owner's test indicate that the equipment fails to meet predicted performance, the Contractor shall make additional tests and modifications under the pro- cedure stated in GENERAL CONDITIONS, Article GC-24. 1A.4 WORK NOT INCLUDED UNDER THESE SPECIFICATIONS. In addition to the work under these specifications, the Owner has awarded or wili award separate contracts for the following work which will be directly associated with the work under these specifications: Substation construction General construction Mechanical construction Electrical construction . (DENTON, TEXAS - 4904 ) (COOLING TOWER IMPROVEMEhiS - M-10$) lA-i 010171 Steam generator erection Unit 5 Cooling Tower erection Part of the work listed hereinbefore will be in progresR concurrently with the work under these specifications. The Contractor shall coordinate his activities and cooperate with the other contractors, the Owner, and the Lngineer in the best interest of the project. 1A.5 CONTRACTOR'S SUPERVISION. The Contractor shall inrnish adequate management, supervisory, and technical personnel on the work site to insure expeditious and competent handling of all mattes related to the work. A construction superintendent who is fully experienced and qualified in the repair and modification of the equipment specified and who is a permanent member of the Contractor's organization shall be resident at the work site for the duration of the work. The superintendent shall be fully authorized to act for the Contractor and to receive whatever orders may be given for proper prosecution of the work or notices in connection therewith. 1A.6 SCHEDULE. Shipment of materials and equipment shall be made and repairs and modifications shall be scheduled so that the work is completed by May 15, 1971. Work at the site shall not be scheduled before March 1, 1971. (DENTON$ TEXAS - 4904 ) (COOLING TOWER IMPROVEMENTS - M-10B) 010171 IA-2 Section 1B - CONSTRUCTION SERVICES 1B.1 GENERAL. This section covets the construction services which the Con- tractor shall provide in the prosecution of the work under these specifica- tions. Untess otherwise specified, the Contractor shall furnish all construction plant, utilities, and temporary facilities and all equipment, materials, and supplies which are required for prosecution of the work but which will not be incorporated in the completed wort. All temporary structures and facilities furnished by the Contractor shall remain the property of the Contractor and shall be maintained throughout the construction work. When the construction work is completed, all such temporary structures and facilities shall be removed from the site and the area shall be restored to its original condition. All construction plant and facilities shall be in first-class condition and shall be of the proper type and size to adequately perform the work. Such plant and facilities shall be regularly and systematically maintained through- out the work to insure proper and efficient operation. Plant and facilities which are inadequate or improperly maintained shall be promptly modified, repaired, or removed from the site and replaced. 113.2 FIELD OFFICE AND TEMPORARY FACILITIES. The Contractor shall furnish all office space, office supplies and equipment required for the prosecution of the work. All temporary structures and facilities furnished by the Contractor shall remain the property of the Contractor, and when the construction work is completed, all such temporary structures and facilities shall be removed from the site and the area shall be restored to its original condition. Temporary structures shall be constructed by the Contractor using materials, design, and construction approved by the Engineer. Such structures shall be built only in locations assigned by the Engineer. Suitable construction trailers may be used in lieu of temporary structures, subject to the Engineer's approval. 1B.3 UTILITIES. Conutruction utilities shall be furnished by the Contrac- tor or will oe provided by the owner as follows. 1E.3.1 Telephone. The Contractor shall provide his own telephone service. 18.3.2 Water. The Owner will furnish without charge, at a single supply point on the plant site, water for construction and drinking purposes. The Contractor shall furnish and install all water distribution facilities required. (DENTON, TEXAS - 4904 ) (COOLING TOWER IMPROVEMENTS - M-10B) 010171 1B-1 The Contractor shall provide a sanitary drinking water system for his em- ployees, including water coolers, ice, disposable drinking cups, and a trash can at each water cooler. 1B.3.3 Electric Power. Th,4 Owner will furnish all enargy for construction power and temporary lighting at no charge. The power will be supplied at 120 volts, single phase at a single supply point. The Contractor shall provide all temporary wiring, urluipmcnt, devices and facilities required to distribute power for his use. 1B.4 COMPRESSED AIR. The Contractor shall provide ull air compressors, fuels, lubricants, hoses, p.ping, and other apparatus required for supplying compressed air required for prosecution of the work. 1B.5 TEMPORARY HEATING. `:he Contractor shall provide all heating required for the protection of his work, for protection of equipment and materials in his custody, and for the efficient prosecution of his work. Temporary heating methods shall be safe, clean, and efficient. Salamanders and similar type heaters will not be permitted in the construction area or in any enclosure, and may be used only in remote locations where the possi- bility of damage by smoke, fumes, or fire is not imminent in the opinion of the Engineer. The Contractor shall be responsible for the safety of his heating system and shall provide proper ventilation and fire protection. Open flame heaters shall not be left unattended in construction or storage areas, unless ap- proved by the Engineer in each case. 1B.6 SANITARY FACILITIES. The Contractor shall furnish and maintain sanitary facilities, including a system of chemical toilets, for the use of his em- ployees. The use of pit or trench latrines will not be permitted. The number and location of chemical toilets shall be as required to adequately and conveniently serve the needs of these persons. The Contractor shall enforce strict observance of sanitary and health regu- lations by his employees on the plant site. The chemical toilets and their maintenance shall meet the requirements of the State Board of Health. Any such facilities or maintenance methods fail- ing to meet these requirements shall be corrected immediately. Construction personnel will not be permitted to use the permanent plant toilet and washroom facilities. (DENTON, TEXAS - 4904 ) (COOLING TOWER IMPROVEMENTS - M-10B) 010171 1B-2 7 + b ~a k Y,;~ aF 1 .i 4,y tz r~ * f; w; ~ is .y ~ F., ~P ; 'fi't ra ,lea 4 yr~ rF PART 2 TECHNICAL REQUIREMENTS CONTENTS Page thru Fage Section 2A - COOLING TOWER REPAIR AND MODIFICATION 2A-i :!A-5 2A.1 General 2A-1 2A.2 Codes 2A-i 2A.3 Materials 2A-1 2A.4 Wood Preservation Treatment 2A-2 2A.5 Items of Work 2A-2 2A.6 Cleanup and Disposal of Debris 2A-4 2A,7 Performance Curves a~ yy *lltl~ p~~ltdf~dl~ ~'~`EL~~ ~~5 • * Deleted for contract (DENTONO TEXAS 4404 ) (COOLINO TOWER IMPROVEMENTS - H-10B) , 010171 TC2-1 Section 2A - COOLING TOWER REPAIR AND IODIFICATION 2A.1 GENERAL. This section covers the repair and modification work to be performed under these specifications. The tower is a four cell Marley Number 4-32A5 cooling tower having an original design capacity to cool 30,000 gpm from 98.5 to 86 F with a 76 degree wet bulb. 2A.2 CODES. All materials used in the repair of the cooling tower and all modification work shall be done in accordance with the latest applicable requirements of the Cooling Tower Institute, California Redwood Association, Standard Grading and Dressing Rules for Douglas Fir published by the West Coast Lumberman's Association, ASME, and ANSI. Any conflict between standards shall be referred to the Engin,!er who will determine which standard shall govern. 2A,3 MATERIALS. All new materials ised in the repair and modification of the cooling tower shall be in accordance with the following: Part Material Structural members Select heart of better redwood Eliminator slats and Clear all heart redwood fan deck flooring Eliminator frames Exterior grade fir plywood and splashboards treated after fabrication Bolting Naval bronze and stainless steel Rings Teco ceramic or stainless steel Nails Stainless steel Filling PVC splashbars Fill support grids Glass reinforced polyester or 316 stainless steel as alternate Tower endwalls and 3/8 inch corrugated cement asbestos fan deck sidewalls board with corner roll trim Endwalls and sidewalls Stainless steel attachments • (DENTON, TEXAS - 4904 ) (COOLING TOWER IMPROVEMENTS - M-10B) 010171 2A-1 Part Material Fan cylinders Laminated fir epoxy glued to redwood framing or molded fiber glass reinforced plastic Louvers Clear all heart redwood All lumber shall be especially selected for cooling tower construction. All lumhL,r except eliminator slats, louvers, and interior partitions shall be surfaced on all four sides. Existing bronze bulling shall be reused as specified herein under ITEMS OF WORK. 2A.4 WOOD PRESERVATION TREATMENT. All lumber used in the repair and modification of the cooling tower shall be given a pressure impregnation treatment of chromated copper arsenate salts, trade name Erdalith salts, in accordance with AWPA Standard P5-55. The treated wood shall have a minimum average retention of 0.75 pounds of dry salt per cubic foot of wood. 2A.5 ITEMS OF WORK. Proposals shall be submitted for the following specific items of work. Any additional work proposed shall be described in detail under PROPOSAL DATA. The Owner will furnish at least two fan cells at a time for repairs and modifications. The electrical power and circulating water will be turned off on the cells being repaired and the water level in the cold water basin will be lower if required to replace structural members. Any permanent electrical work required in connection with the repairs and modifications will be furnished by the Owner. 2A.5.1 Item I. Work to be performed uncor this item is as follows: Remove from all four cells, the existing redwood fill and all intermediate 2 by 4 nailed transverse girts and 10 per cent of the bolted transverse girts in the second, third, and fourth levels Replace the girls with 2 by 4 treated redwood reusing existing bronze bolts but using new stainless steel nails Install new fill support grids on not greater than 21 inch centers and PVC splashbars. Glass reinforced grids are preferred but 316 stainless steel grids will be permitted. (DENTON, TEXAS - 4904 ) (COOLING TOWER IMPROVEMENTS - M-10B) 010171 2A-2 Remove the diffusion decks and install new plastic target nozzles in holes Remove existing transverse partitions and 1-1/2 by 4 studs between cells from the louvers to the eliminators and replace • with 1/2 by 6 treated redwood and stainless steel nails and new treated studs Remove the existing splashboards behind the louvers and replace with 3/8 inch fir plywood using stainless steel nails Remove 20 per cent of the 1-1/2 by 6 transverse girls at level No. 5 from the column inside the plenum out to near the louvers and replace with treated redwood and re-use existing bolts where satisfactory All four cells of fan deck side stud columns and wells shall be removed from both sides of the fan deck and replaced with full length treated 4 by 4 columns and 1-1/2 by 10 hot water basin walls and corrugated cement asbestos walls. Re-use bronze bolts where satisfactory and new stainless steel nails and lag screws. The hot water basin walls shall be resealed at the basin floor level. Remove endwalls from both ends of tower and replace center columns full height to tower and the top 18'-0" of columns on each side of center and the transverse girts on the inside of columns at all levels. Replace the endwalls and provide an access door at each end. Reattach the existing stairway at the same location and re-use the existing hand and knee rails. Replace the rungs in the eight ladders from the fan deck to the walkway. There are three rungs per ladder, each measuring 1-5/8 inch by 14-3/4 inches. The replacement rungs shall be pretreated. 2A.5.2 Item 12. Alternate proposals shall be submitted for the following work in addition to the work listed under Item I. 2A.5.2.1 Item IIA. The four existing fan cylinders shall be removed and replaced with new cylinders. The cylinders shall be 5 feet high and shall be prefabricated of treated 3/8 inch thick laminated fir epoxy glued to redwood framing and fastened together with bronze bolts, nuts, and washers. New bronze anchor bolts shall be furnished and installed. Y...I k 2A. Xtet~ 118. foot exf~t ng fail cylirdersc ~3~all b~: raeta~ted artd xepiaced;aith r~olded~.gla~s rti~a~arced ¢3~stic €$n Cy1lt~deYS 5 f$$t ~ S.nt:hes h u15 i6 g:otaial~06:ate is boltg..nutis; and wash¢ra. 19ew r3cafn3eSa st ei su;ctsat bb~t~s, etteil ba'.#yf';ii:stie.d.and fnsta3.led.: • * Not included in this contract (DENTON, TEXAS - 4404 ) (COOLING TOWER IMPROVEMENTS - M-103) (ADDENDUM 1 ) 2A-3 011471 2A.5.3 Item III. The existing fan deck shall be removed and shall be re- placed with 1-112 by 6 tongue and groove flooring and 2 x 4 intermediate nailers of treated redwood using stainless steel nails. This work will be performed only in conjunction with the work, specified under either Item IiA or Item I1B. *2A . 5.4 ,EI Cem #.V, , Alte~rtMte prop"Ajs shall be :Sµbwt,tted for.:the fol lrvirig work is addi,tiott; to th4 kdrk listed %Mder Item I.. 2A.544,1. Itest IVA. The existing 1J2 by6 :lbuV0$ Shall be' removed and riesr treated redo 1 uvers at the same site :aad quantity installed. There are X752 zotiYers tb. ~e repX3ced. I 2A:5.4, Feat i1T Th€! eXistt ng d1 : by. 16Uvers ihali.be rpm?sved acid rtezr s o corrugated Ia. rein otced go yester;l6uveY.s.ine1v41.6g noLc eB 1 I? by 1, creaLe4 redwood sugporte slzal,i be fittoil ed c~ ttte face of ai3 Iouvex JAO...0 5::4%% r6m iYC. pe eie tt: at bt~atds vie_t; zte1R ire e8fa n$ 1/x byos"i+ra~cs s a3i:e' xeaaave ante s,ew 57$ ssxct~ thick cetaetat:besros ;P.44. I lOs~ver8. :tidear>arg, ed. 2A.5.5 Item V. Alternate proposals shall be submitted for the following work in addition to the work listed under Item I. 2A.5.5.1 Item VA. The eight existing 16 inch Marley flow control valves shall be removed, completely rebuilt, and installed. New parts for the valves shall include, but not be limited to stainless steel valve stems, cast iron discs, stem guides, gasleete, and valve body gaskets and seats. w.w..w.... --r+ n n w.v. r r x w rr , w++,w --~rwn+..+ *~"fA.3>5.2 itea~ e~~~k $M~.$tsr~ 16 iszcl} tiazi.ey control valves sltele ce~ttovsd ahd gt,ai~ 5 tep~rrd ail uerr fii Grui vAYvee itsat 2A.6 CLEANUP AND DISPOSAL OF 9zBRIS. All trash, waste materials, packing crates, and other construct.ion debris shall be piled neatly beside the tower. The dtbrtp will b~, disposed of by the owner. Upon completion of the work, the Contractor shall remove from the premises all of his tools, equipment and surplus material, unless otherwise directed in writing by the Owner. 2A.7 PERFORMANCE CURVES. Performance curves shall be submitted showing expected cooling tower performance after the repairs and modifications have been completed. Three separate curve sets shall be furnished; one each for 90, 100, and 110 per cent of the design condition circulating water flow. Each set shall show wet bulb temperatures (50 F to 90 F) plotted as abscissae and water temperatures from the tower plotted as ordinates. A curve shall be shown for the design condition water temperature range with additional curves for each full degree range to approximately 5 degrees above and 5 degrees below the design conditions range. The curves shall indicate * Not included in this contract (DENTON, TEXAS - 4904 ) (COOLING TOWER IMPROVEMENTS - M-IOB) (ADDENDUM 1 ) 2A-4 011471 the guaranteed performance operating range limitation established by the latest ASME Power Test Code, PTC 23. All curves shall be drawn to a scale adequate to permit reading to an accuracy of plus or minus 0.25 F. These performance curves will be used in the analysis of field tests for • determining whether or not the tower has met the guaranteed performance. ,a f£.~1s1` test ~O£ the cgpliat; toetQY` wf11 . kes ; procR.~ by;.the O"e for iserfoz7aartGO atid..gtrieY4 bperatton, , AU cfuren w£1;1 #.0rdlaiie9 th t.ho.lat" : requiresienta of the A3;~4F 1<'Ot,'eT Test.Goz#~'~ 1'T'C'23 ~'h~ GonC~ACtpx. Glial.i tut~i~th.atll spac~~,1 test egtsipble'nt tbyui.red Co pexftsrr. kke.esrs. Skwwicld tha 8~vip3AeQx 1 td ;nest the spe i ~#±rF performance p~ arati 14 tie CoAtrA0Wr s r rl tAoaz an E to tlkii ~.mer, e~dd ~ach sd4~tionn enable the Uipmei~t to '0 Vtl~e an Yed t 6l:- fi£4 'KL'¢ll3: P.5 9 '4 Deleted for contract (DENTON, TEXAS - 4904 ) (COOLING TOWER IMPROVEMENTS - M-10B) 010171 2A-5 C ✓ w,f n r~ S ~n r+M C._ Ji it n r,11 i"r~^~ j~ Mi f i xw^I` `'1 ~.yt ~e r J~t~ w+l r~'~ c p lit g APPENDIX SPECIFICATIONS AND DOCUMENTS MUNICIPAL. ELECTRIC GENERATING STATION : CITY OF DENTON, TEXAS IMPROVEMENTS TO UNITS 1 AND 2 COOLING TOWER SPECIFICATION 4904 - M-IOB ADDENDUM 1 January 14, 1971 Each bidder shall note these revisions to the contract documents and in- corporate these revisions in his proposal. Each bidder shall attach a signed acknowledged copy of this entire addendum in the front of the specifications submitted with his proposal. This addendum consists of this page and new Pages C-3, C-4, 2A-3, and 2A-4. 1. Page C`3. Delete this page in its entirety and insert in its place new Page C-3 attached to this addendum. 2. Page C;4. Delete this page in its entirety and insert in its place new Page C-4 attached to this addendum. 3. Page 2A-3. Delete this page in its entirety and insert in its place new Page 2A-3 attached to this addendum. 4. Page 2A-4. Delete this page in its entirety and insert in its place new Page 2A-4 attached to thrs addendum. BLACK b VEATCH Consulting Engineers ACKNOWLEDGMENT The undersigned bidder hereby certifies that the revisions set forth in this addendum have been incorporated in his bid and are a part of the contract documents. Signed D. G. Deuvall Vjee-Dresident - Sales Date Jranuary, 29, _LT1 (DENTON, TEXAS - 4904 ) (COOLING TOWER IMPROVEMENTS - M-IOB) (ADDENDUM 1 ) 011471