HomeMy WebLinkAbout1971
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CERTIFIED COPY
GENE M POWER OF ATTORNEY
NO............ 70.+; 79
If), on OU !!en by IA w4 PreoontoI
That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation orgenited and existing under the lave of the
St►ta of Maryland, and having its principal office at the City of Da111mors, fa the State of Maryland, does hatehy constitute and appoint
John V. Shrnpshire
of the City of Lubbock Texts
Its aue and lawful attorney in and for the State of State of
Texas '
for the following purposes, to will
To elgn Its name as surely to, and to execute, Deal and acknowledge any and all bonds, and to reapeetirely do and perform any and
all acts and things set forth in the resolution of the Board of Directors of the sold UNITED STATES FIDELITY AND GUARANTY
COMPANY, a cenltied copy of which is heretu aunesed and made a part of this Power of Attorney; and the said UNITED STATES
FIDELITY AND GUARANTY COMPANY, though to, Its Board of Directors, htrthy ratifies si.d confinna all and whatanever the said
John V. Shrnp il.lre
may lawfully do In the premises by virtue of these presents.
In Witness WAerea/, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this Instrument to be
sealed wtfh 14 op fie ss..,,l~,d . 1
y alteeted by the signatures of Its Vice-Pi S& - E A h
" r" tl l y ;6pdeat ia~Aad.tlrl 3ejrN ,14 25ta day of
August . A. D. 19 b9 u a
UNITED STATES FIDELITY AND GUARANTY COMPANY,
(8igne9) ley:...: .1i'.11;..'.,{i . r
i » rkaPrutderµ
(SEAL)
`(Sigt od) Kenneth 'S
Teeple
r1.r •,NY ~prNw~NNN. r,w
STATE 4F'~{#{yLAND, , Astutwrt 5eernorr. t AI
BALTIMORE CITY, rt i'r r
On this 23tb day of August , A. D. 19 50 before me
L • !1, Sm1 t1t ~ penonall/cams
Vice-President of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and, Kenneth S, Teeple r , Assistant Secretary
90 tiilnied who can of said Company, with both of
p, y eo9 r g iy ate ievera.Jy duly y>roro, said that they tcaided to the t'dty c! Ba111myte, Msrylaadi
thai the)tthe'id L...r)I rStybbh and Kenneth S'. Tee a r~s
the V1ce President sad`Ibe AsNabt SeEN'114 y of the said UNITED STASES Viftd 'AND UAR *V'e0 PAW'd co(
L
porulda`deicdW le' ind which eat+chted the foregoing Power of Attorney; that they each knew the seal of said corporation: gist the
sal 111114 to said Power cf Attorney was inch corporate WA thak J, via ilia Bred by brdor of the Board of Direceers of gild cotpoia•'
don, `1nd 16' A Oey dOkepd t6etr "61 Wind' br' 1118'Ai it Vic?-Preiiddnt lad AsodsU i Sectitity, fookctirely, of the Comkisr,
1~~ coMmfetldn e>r tht drat 'Mdnddy ' Jlh' }fAy,' A, 1); 1961; '
(SEAL) (Signed)
Anne f•,f, U~Brien
SPATE OF,1141lYLA(Vpr' Netdy Prblte. {
Sct.
BALTIMORE CITY
Jhmes Pi Carney , tlitk of the %Derlot Ceara of Baltimore dty, Which Colin Ole'
Cohn of fil"id, and bat it seat dal h~nby U411 that A iA 6 • rl'. t5 TW IPit
whom tie exec AdAiJta were mere{' anal wbo fiat tberotd "sulied d bit iram6,"t14`it'the elate of b Eole~'a`Netl
thn I'nblla oT As'
State iI (tfi {and, 'la fa~'~ot "CJii at beldmora, duly "faleado"d Iva '*0`6 tbd idtt6ritio by law td lt&N exit tutlr'uld•taki
acknowled~rneab;`ur proof o1404 to lies tecdrded thetelm 1'Mr&i;e rdly-that fits 1'c doted lrftb iW hated tithid of 64'"W
Nouty, A" Verily 611M tbs. ditutvh to be fete il"W" tigratrft
of Rea is n~ t°'' 4 set m f •61ad fly sills the eeeJ of the So ,or
A S ~y ai Atigtut;i~' sail bI lhal~mer ( 441114 Wil a Caret,.
(REAL)
{Signed} Junee F, Carne
t ti, 1 rti ~ni l is+t~ CferAeJaMS~'~~r~."__.__,.~_„
gt a t7-0a) Jxrier t;,vrr e/ 1'rMfaaore City.
or
s■
as a .w: '
COPY OF RESGIAMON i' WV , , t'. : c , •l t + 'w.,,,,t t::.r.
' 1~ °f for the eff'ectual anNet,a of bualnew th Teriilior tork: of IM rlnf~ed &10i "d In the ProkIsee+
and iurher ti" ii le actlosyh ootl P losmo is Statue Other thaabMa livid, and e t the that ay appoint a evils otid attorneys with power
7
of the Dominidii of Wada sod to the Colony of Navrfouodtsnd,
T,Aere/ors, bs Is At4ofr#4, that this Corpony'do, add 1i he eby'deea,' autl orlu and imposter lit Istesldent r eltl,ei of h+ We.
Prerldrtdi lit cnniunctloo with Its Seuetary.or one of Its Asslsiint $eeratarko, oader Its corporate ttsf, to appoint sty person or persons
as attorney or attomc)s In fait. or agent or agents of said Cotnpany, in its name and as its act,' to execute and deliver shy and a?I con•
tracts'rttaraefceln` the fidelity of persons holding positions of pubho fit'private trust, guaranteeing the performances of contracts other
than tneurance policies and ereenrfng or gustanieeing bonds and undertakings, required or permitted fit all sedans or protredlnjk,'ti
by 1Aw allowed, aqd,
Afsa, In It* Arnie and s1 Its sitorney or attnsncys-Sndaet, or agent or agents to execute and Ruarantee the conditions of any end cll
bonds, recngniuncea, obligatlona, stipulations, undertakings or anything in the nature of either of the same, which are or may by Is%,
municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the
Dominion of Canada or of the Colony of Newfoundisnd, or by the rules, regulatloru, orders, cudotrya, prsOdCt Or disetedon of any board,
body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be esecuted, tnade, taken, phen,
tradered, sect(, led; died of recorded for the security or protection of, by or for any person or persons, corporation, body, office, Interest,
munidpalatJ or 'other association lit orgaittatlon whatsoertr, is any aid all eapadtles whatsoevtt, eohdidone'd toy the &Hg or not doing
of anything of any eondlilooa which 11141 he provided for in 'any Stich bnnd,'recognizance, 'obhpstlen, atipulatbin, of ondtrtakin`; of
anythino In the nature ct either of the aimo. ' i
4 lit Ronam Kirklam , an Assistant Secretary of thq IJN1[ ED STATE1 hl1EIJTY AND
GUARANTY COb ANY, do bei0i certify that the forepoin` is a fall, true and correct copy of the oririnel power of attorney given
by said Company to John V. ` Shropshire
„f,, ]all ,~1oCka Texas , authorising and empowering him to sign bonds as therein set
forth, whit power of attorney has never been revoked and is still in '.ill force and effect.
And I do father certify that said Power of Attgeperr wit given in pursuance of a resolution adopted at a regular meeting of the
Board of Directors of said Company, duly called and held st the office of the Company in the City of fighimdro, on the 11th day of
Jafy lOIN at which vwctlnd a quorum of the Board of Directors was present, and that the foregoing Is a true and correct copy of mid
trsolution: and the whole thereof as recorded In the minutes of sold mearlog.
fn t4stLnony Whereole 1 have hereunto' fat my hind and the kad of the OITff) STA?VSf fiDELITY AND GUARANTY
COMPANY on
(Date)
November tp ,1971. /l.Gf~CAs~
AtsWanf Secretary.
`l
CER71FIM COPY
GENIAL POWER OF ATTORNEY
No.....,,,.. Z9 r ZQ
Kj%ose ell Mee by the" Presents r
71st UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and ealsdag under the laws of the
state of Morylsod, and having Its prlaelpal office at the City of Baltimore, in the Slate of Maryland, does hereby constitute and appoint
John Y. Shrnptahive
of the City of Lubbock , State of Tex;ta
its true and lawful utorne) In and tier the State of
Texas
tar the following purposes, to wit:
To sign its name its surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and
all We and things set forth In the rrsoludon of the Board of Directors of the sales UNITED STATES FIDELITY AND GUARANTY
COMPANY, a certified copy of which is hereto annexed and made a pad of this Powrr of Attorney;, and the mid UNITED STATES
FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confin.u ell and whatsoever the sold
John Y. Shropotitre
may lawfully do in the premises by virtue of these presents
In Witness Whereof, the mid UNITED STATE3 FIDELITY AND GUARANTY COMPANY has caused thikInsu ment to he
C; , win 'I ;
sealed wIth its corpor" gaol, Ifaly alksitd,by; the signatnres of its vko-0 04edi,Q Aaalst~1h13ocreja}r, th4't.y', ~t 41 01
August , A. D. 19 bU
UNITED STATES FIDELITY AND GUARANTY COMPANY.
{ $ign~d) r r'.. L.':.1.....91i1 t.lh..';`_l
~Ykc-Pr estdenr.
(8Ignod). Kenneth So .Teeple
STATE 00 WYLANDr , at
BALTIMORE CITY,
On this 219tb day of August , A. D. 19 SD , before me personally csam
L. 1,1, Smith , Ylte-President of the UNITED STATES FIDELITY AND GUARANTY
COMPANY mad Ke11'te~h S. T aplg , Assistant Secretary of mid Company, with both of
wt>aa, tpo perrp~go~lty.a~quUated, •b6 raj by wo wwerallr drily swots, said that tbel;um1ded In the Oil of Bal"ore, Maryland;
that lbeyt the lald Y.,r, N t . Sep th , and kon04th S Toole, weep , pgctively
the Vice-President sod lbe 'Asefstahi SecFet of the mid UNITED STAVES Dl'111V1 ANO~ GUARANTY E G`A'W, cof-
poraildn de;ct'ibed in and Irhleb'execuosd the foregoing Pour of Atlomayt that they each knew the seal of maid corporation; that the mid sedl a Aced I to "t th said
y Power i 'at befe Alto veer ~fss'aticb tpbtdu +e4 that It was Ito fled by order of the fdrd ottscWelfrs of ftbe Compiuiy.'
Mon, lobed thefe!e by, bw eke'r !b PICA-Prebldtet mid Ao"bt SAch-A ,
Micotntnlssldnettplres 04 bmt'Metidlsy' in' MAyt' A. Dot 19611.
(SEAL) {signed} Anne H. O'Brien
" 1V01fmi Pabtfe.
STATE OF ►fARY1 AND4' .
BALTIMORE CTFY, Set.
I James F, Clirney , ddr4'of tta Super,ar Null of Baltimore off, Web court 6 a
Court of Record, utd his leaf, do 646 certih that AnAe' Wo b Ari en ~ lstgnlre, Weiti '
whom Ito }naesed al5dav{u'tvere mdaer and who hu tberftb subscribed 6 naraet wt o it the time of so dole] 's Noti►r 1'nblld 6f ho
State o! miir toD4 in led foe thi dry of ~aftimore, duff t.ominbsiot" dad dirtir5 k~td iutherfeed 1>y latv'ib IdminWr WN to tdi'
ackwwled`paeob,` or'pro611'W deeds to be rdcdrded therein 1 kn6t''6eitllt` bait,I tiA °dc4ualofed lrfth thd" bsedtifrded'if the'Wd
Nqui*, g~ri sd tealf believe this sf finattro to be his latwlw Mpows,
of Re ed, of to ls In of 't to ttbaAug6a nd ~tadttlLt tbY 'wr} 01 tM Sdperlof Cot rf'of lfmli mb' qt y, maim betas 1 Coith
(SEAL) (61gned) Jntnon F. Carney
t t.i.; tit iot t pt l i7t 1>~ Clark #J dAs Saperlmr Cows of Baltimors Cky.
„ s tr~ttl I
i
. .
t' 11Y OF RESOL MON
' ~ ~ 1♦'fiee , ltt a p4cesmry for the effectual kigradMn of besiacea that thi,t Company appoint a~enit and Worms with power
and ~!~s(( +~et~I is !to w Mgirland, ind h1 Ito Tdrritoriet of th/~ tins ted Stites rind it tip Po"Iti a
iuthbrity to trl 1n~~t rind tne in Ststeiotbet than
at the DMI Wt of Cattads slid in the Colony of NeWoundlaul
Theithro. t4 11 Rdaofreds that this Cotpsiby do, and It hereby clots,'iuthodse and ttnpowef its hasideni of either of hs We-
Preaidebts In te0k.nAoh''with its Seculars or one of its Asdatent Seeretarles, under fta Corporate seal, to appoint any person or persons
as aiiorpey er atlorneyrtndact, or +tent or agents of uid Company, In Its name end as its art, is execute And deliver say and all Coll-
Writ guaranteeing the 6dellty a1 ptrioas bolding' positions of pubte or ptivatd trust, S oteellof theineillracdons or prouecJngsher
1111M inburanco potieiet and esectitla; eurantcring bends and undertakings, required fx
by law elloxod, ant`. f
,fin, In its name and as it attorney of attruneys induct, or agent or agents to execute and guarantee the Conditions of any and all
bonds recingn(rances; obligations stipulations, undertakings or saything in the nature of either of the site, which are or may by law,
municipal or otherwise, or by any Statute of the United States or of say State or Territory of the United States or of the Yrovloots of the
Dominion of Coosda or of the Colony of Newfouadiaad, or by the rules, regulations, orders, tustoma, practice or discretion of any board,
body,, organization, office or officer, local, munlclpol or otherttlse, be allowed, required r' perrt~n to bee xecuied, ma eo~~ Ingive 1.
tendered, seceptld, filed or recorded lot the sealAty br piotedirn of, by or fur soy oen or
munlclpslity or ether amneiatlon of organiradoa whataoerer, tti'eey and 4 capacities w1ataoever, eonditloeed for the dniatf or not doing
of snything or an7 cc;I Ilrioiii wbleh miy he provSdrd for in any lath bond, reongnisance, nbligailon,' nipulatlon, or undertaking,` or
anytbing In the nature of either of the sdtne.
10 go riouul~ Ktzlelt+sed , an Asslatagt Secretary of the UNITED STATFS FiLEU1 Y AND
GUARANTY W)6)ANY, do hereby certlfy that the (oregoing la a IUIL true and Correct copy of the Crirlpsl power of attorney given
by wld company to John V. ' Shropshire
„l; Ltsb~QS~1,,Texad , authoelaing and empoweing him to Ilan bonds as tlerela bet
forth, whlch poaee o~ attorney has never been revoked sad b still to (ell fora and Clam
And I do further certify tbat mid Power of Attorney Ku given in persuanoe of a resolution adopted si a regular meeting of the
Board of Directors t f said Company, duly Called aid hold at the office of the Ccu*nf is the City of saltlnoit, on the 11th day of
I41j, 910, at which meeting a quottmt of the Board of Directors was praeat, and that the foregoing is a true and Correct copy of said
resolution, and the whose thereof as recorded In the tinvtea of said meeting.
In Tai flrheren/, 1 have hereunto set °My hind and Who sell of the V4fTED'STAft§.ftDEI.ITY AND GUARANTY
COMPANY on
(Data) Q
November 11 i97f
/f' /l. G4~ttCI~rK_
e
Arrbtant Serrefary.
I
1,C. Vi,f ~ti F• .j,r~(-.ii f'~a .'-.y iJ.l~
i
s
s INSURANC'E'
CERTIFICATE OF
`a
11,11% Is 74 CERllfy that the following policies, subletf to their forms, conditions and udus;chs, bore been issued by this company
Thie is not a polity of Insurance, nor Is it on endorsement coaling Ike Person, Arm Of torporotien at whole request it Is issued an oddifronal insured
,n the poker at policies referred to herein. In the er.nl of tancollotion of any such party or PollOes, the tompany will endeovor to give the principal
,omed herein days written noose prix to tunaAution. It the number of days Is not paced herein, then the ma[Imum period of notice thou to
1ve IS) days,
NAME ANU ADDRESS OF PAVY TO WHOM CERIIFICAI( IS ISSUr I) NAME ANU ADDRESS OF INSURED
City of Denton, Texas Scott Weiding, Inc. }
P. 0 e Box 10232
Denton, Texas Lubbock, Texas 794082 ,
t.
' lilt Y EFFECTIVE E%PIRAI14N
iyPf Of INSURA N<E NUrv'8E R' UAIE DAIF LIMITS OF 11AB1lIlY'
Worlme n's Con~penuAmn Slarutory
WC645707 B-f-7f 8-1-72 In conhomante with the Compen-
saf:an Low of the Stole of
Texas
f 1001000o loch Pcrvun
fublic Llablhty GA8f2860 8-1-71 8-r-72 + 300,000. Each Accident
sallly InlulY
Aggregate Pradutts
- 3rr/0yy0lW~l.y~0~
- Lt±YI3l][I[i F.ach Accident
^gar~9"te Op:raho~t
1812861) 8-1-71 8-1-72 ti 100,F0006
Public Lloblldy 4 Agyrngote Piolecti e,
Property Dva ,ufI„
1 Aggregate Praduns
S Agjregute Contnxlunl
$ 1010s 000, [it h Pc rson
Automobile 16aWy In;uryi GA812860 8-I-71 8-1-72 '$---3001000,
h A= dent
l.ufomobife IProtMity Damoga 1812860 8-r-71_ 8-t-72 , 100,000~__
- - S
S
s
Fm. M-23 A. -t 'Absent. of any atepropAme entry means no euth Intretene• Is in forte.
EMARKS This Certificate of Insurance neither cIrmativeiy or negatively amends, extends or aiters;the
overage afforded by the above policies Issued by the Westchester Fire Insurance Campany of New York.
Dated ...November 4, 1971 Westchester Fire Insurance Company of New York
lCompamyf
f 9 y ~ K C c f rJ "l.. o j~ tee c..~ c..
CITY OF DENTON, TEXAS
WATER SYSTEM IMPROVEMENTS
PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS
FOR
CONTRACT NO. 71-7681
2 M.G. STEEL GROUND STORAGE TANK
i
SEPTEMBER 1971
FREESE, NICHOLS AND ENDRESS
CONSULTING ENGINLERS
FORT WORTH, TEXAS
J
TABLE OF CONTENTS
Page
INVITATION FOR BIDS
a
INFORMATION AND SPECIAL INSTRUCTIONS TO BIDDERS b
PROPOSAL
d
CONTRACT AGREEMENT
1
PERFORMANCE BOND
3
PAYMENT BOND
5
GENERAL CONDITIONS OF AGREEMENT 1
DETAIL SPECIFICATIONS
1. Scope 29
2. Bidder's Knowledge of Conditions 29
3. Foundation by Owner 29
4. Design 29
5. Adequacy of Design 30
6. Shop and Erection Drawings 30
7. Materials 31
8. Fabrication and Erecting
9. Appurtenances 31
i0. Protective Coating 31
11. Testing Tank for Leaks 32
12. Tank Sterilization 36
13, Clean-Up 36
14. Payment 36
37
1
INVITATION FOR BIDS
Sealed Proposals addresrcd to James W. White, City Manager of Denton. Texas,
will be received at the office of the City Manager in the Municipal Building
until 1:30 P.M., October 21, 1971 for the construction and com-
pletion of
CONTRACT NO. 71-7681 TWO M.G. STEEL GROUND STORIGE TANK
At this time and place the proposals will be publicly opened and read aloud.
Any bid received after closing time will be returned unopened,
Copies of Plans, Specifications, and Contract Documents are on file and may
be examined without charge in the offices of the Water and Sewer Superin-
tendent and Freese, Nichols and Endress, 811 Lamar Street, Fort Worth, Texas.
A cashier's check, certified check or acceptable Bidder's bond payable to
the City of Denton, Texas, in the amount not less than five (5%) percent of
the bid submitted must accompany each bid as a guarantee that, if awarded
the contract, the Bidder will, within ten (10) days of award of contract,
enter into a con,.ract and execute bonds on the forms provided in the Contract
Documents,
Attention is tailed to the fact that not less than the prevailing wage rates
as established by the City of Denton, Texas, and has hereinafter set forth in
the Contract Documents hereinbefore described and which are made a part hereof,
must be paid on this project. is
A Performance Bond and a Payment Bond, each in amount of not less than one
hundred (100%) percent of the Contract price, conditioned upon the faithful
performance of the contract and upon payment of all persons supplying labor
or furnishing materials, will be required.
In case of ambiguity or lack of clearness in stating proposal prices, the
City of Denton, Texas, reserves the right to adopt the most advantageous
construction thereof, or to reject any or all bids, and waive formalities.
No bid may be withdrawn within forty-five (45) days after date of which bids
are opened.
CITY OF DENTON, TEXAS
James W. White
City Manager
a
INFORMATION AND SPECIAL INSTRUCTION TO BIDDERS
r
I. Bid Form: Bids shall be made on the blank form attached and the complete
documen'Fs and plans returned with the bid. Bids not so made will be con-
sidered out of form.
Ifa
2. Bid Securit Each proposal must be accompanied by a cashier's check or
accep a e
and in an amount equal to at least five 5X
amount bid as a guarantee that, if awarded a contract, the bidder ewill fexthe
ecute
the contract within ten (10) days and furnish performance bond of one hundred
(100%) percent of the contract amount.
3. Performance Bond andPaPayment Bond: The bidder shall include in his Proposal
he cos of prov ng a Performance~ond and a Payment Bond. Each bond shall
be for 100% of the Contract amount.
Bonds shall be executed by an approved surety company authorized to do business
in the State of Texas, and acceptable according to the lastest list of com-
panies holding Certificates of Authority from the Secretary of the Treasury
of the United States of America. Performance Bond shall be arranged to extend
for a period of one (1) year beyond the date of written acceptance of the work
by the Owner, to guarantee the repair and/or replacement of defective materials
and/or workmanship which may develop during this period.
4. Inter retatien of uated Prices:
wIn case ords an a gures in a proposa , the amount fstated finewrittenwwordshwillibeen
considered as the bid.
5. _II__n__t~e~~rppretation of S ecifications: Any question as to the meaning of any
specificat on w e answere
been y ddendum which will be sent to all who have
furnished with the plans and specifications.
6. Wage Rates: The following labor classification and minimum wage scale is
herei~eTow 3etermined by the City of Denton in accordance with the statutory
requirements and prevailing local wages and shall govern on all public con-
struction work performed by the successful bidding contractor and his sub-
contractors in connection with the construction of the proposed ground storage
tank. Tho said classification and minimum wage scale being as follows, to-wit:
CLASSIFICATION RATE PER HOUR
Boilermaker
$2.25
Boilermaker's Helper 2.25
Painter, Brush
Painter, Stage and Spray 21.75
.00
.00
Sand Blaster
Laborer, Unskilled 1.25
1.25
b
Contractor shall comply with State and Federal laws applicable to such work.
The above are minimum rates. Bidders shall base their bids can rates they
expect to pay if in excess of those listed. The Owner will not consider
claims for extra payment to the Contractor on account of payment of wages
higher than above specified.
Any work performed by any laborer, workman or mecharA c in excess of forty
(40) hours per week shall be paid for at one and one-half (1-112) times the
regular rate.
7. Re iacement of Defective Parts and/or Materials: In the event of failure
of any par or parts of a equipment or construction during the first year
of service, due to defective material, design or workmanship,, the sffected
part or parts shall be replaced and repaired at the Contractor's expense
promptly upon notice by the City.
8. Time of Completion: The City desires that the project be completed at
the ear est possille -time and consideration may be given in award of the
contract to the completion dates bid. Bidders shall indicate the tiote for
completion in the space provided in the Proposal.
In the event the Contractor fails to complete the project within the time
set forth in the Proposal, the Owner may withhold permanently from the pay-
ments to the Contractor the sum of One Hundred Fifty ($150) Dollars per day
as liquidated damages as set forth in Section 4.04, page 21 of the General
Conditions of Agreement.
9. Other Contractors: The foundation and piping for tho tank will be con-
struc e y anot er contractor, and work may still be in progress while this
tank is being constructed. This Contractor will be expected to work harmon-
iously with other Contractors so that the entire project may be expeditiously
completed.
10. Sales Tax: The Owner qualifies as an exempt agency
provis ons o Article 20.04 (F) of the Texas Limited Sales~,rExcisetandhUse
Tax Act, and is not subject to any State or City sales taxes.
END OF INFORMATION TO BIDDERS
c
■
PROPOSAL
Denton, Texas
October 21 101
PROPOSAL OF Scott Welding, Inc.
a corporation organized and existing under the laws of the State of Texas
a partnership consisting of
an individual trading as
TO: THE CITY OF DENTON, TEXAS
Pursuant to your invitation for Bids, the undersigned Bidder hereby proposes
to do alt the work and furnish all necessary superintendence, labor, machinery,
eqquipment, tools, and materials, and to complete all the work upon which hi
b1ds, as provided by the attached specifications, ar.
ante of his proposal to execute a contract and bonds abinds e on ace
ccordingstofthe acc'mp-
anying forms, for performing and completing the said work within the time
stated; and maintaining same as required by the detailed specifications fo,
tho fo lowing prices to-wit:
Item Description
No. (Price written in words) Amount of Bid
Fi urea
1. For the furnishing and erecting of
one (1) Two Million Gallon Steel
Ground Storage Tank, 150'-6" in
diameter, with appurtenances, com-
plete as specified, the lump sum of
One Hundred itt!x-efaht
-Thou- sand, Five Hundred and
no Dollars
$ 138' 500.00
The undersigned agrees to commence work within ten (10) days after the written
notice to commence work and to substantially complete the work on which he has
d
bid within 90 calendar days as defined in Paragraph 4.01 of the General
Conditions o grment q$//rr 14/1owing o/A endQ1jO~y Ejy b~/~~/ Cori//4GfNa5
per /eNer of Cc~o ri 25, , CiThe undersigned acknowledges receit o e follAddenda;
None
Enclosed with this Proposal is a Cashier's or Certified Check for
5% of amount bid )
Dollars which it is agreed shall be collected and retained by the Owner as
liquidated dam es in the event this Proposal is accepted by the Owner within
forty-five (45) days after the date advertised for the reception of bids and
the undersigned fails to execute the Contract and the iequired Bond with the
Owner, under the conditions hereof, within ten (10) days after the date said
Proposal is accepted, otherwise, said check or bond shall be returned to the
undersigned upon demand.
Respectfully submitted,
`i G• INC.
1
By Charles V. Scott. President
918 East 50th Street
Lubbock, Texas 79404
ress
(SEAL) If Bidder Is a Corporation
NOTE: Do not detach bid form from
Contract Documents. Fill in
with ink and submit complete
with attached Documents.
e
CONTRACT AGREEMENT
STATE OF TEXAS
COUNTY OF Denton_ E
THIS AGREEMENT, made and entered into this lst day of November
A.D., 19 71, by and between the City of Denton
of the County of Denton and State of Texas, acting through
its Mayor thereunto duly authorized so to do,
Party of the First Part, hereinafter termed the OWNER, and
Scott Welding, Inc.
of the City of Lubbock County of Lubbock
and State of Texas Party of the Second Part, hereinafter
termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the Party of
the First Part (OWNER), and under the conditions expressed in the bonds
bearing even date herewith, the said Party of the Second Part (CONTRACTOR)
hereby agrees with the said Party of the First Part (OWNER) to commence
and complete the construction of certain improvements described as follows:
Construction of a 2 MG Steel Ground Storage Tank
Contract No. 71-7681
and all extra work in connection therewith, under the terms as stated in
the General Conditions of the Agreement; and at his (or their) own proper
cost and expense to furnish all the materials, supplies, machinery, equip-
ment, tools, superintendence, labor, insurance, and other accessories and
services necessary to complete the said construction, in accordance with
the conditions and prices stated in the Proposal attached hereto, and ir,
accordance with all the General Conditions of the Agreement, the Special
Conditions, the Notice to Bidders (Advertisement for Bids), Instructions
1
10-16-71
to Bidders, and the Performance and Payment Bonds, all attached hereto,
and in accordance with the plans, which includes all maps, plats, blue-
prints, and other drawings and printed or written explanatory matter
thereof, and the Specifications therefor, as prepared by FREESE, NICHOLS
AND ENDRESS, herein entitled the ENGINEER, each of which has been identi-
fied by the CONTRACTOR and the ENGINEER, all of which are made a part
hereof and collectively evidence and constitute the entire Contract.
The CONTRACTOR hereby agrees to commence work on or after the
date established for the start of work as set forth in a written notice
to commence work and to substantially complete all work within the time
stated in the Proposal, subject to such extensions of time as are pro-
vided by the General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the
price or prices shown in the Proposal, which forms a part of this Contract,
such payments to be subject to the General and Special Conditions of the
Contract.
IN WITNESS WHEREOF, the parties to these presents have executed
this Agreement in the year and day first above written.
ATTEST:
CITY OF DENTON
~j Party of the F rst Part, NER
BY a~vks:e , 0
APPROVE Dr. A. M. Finlay, Jr. _-Mayo
r
a to
JACK Q. BARTON (SEAL)
CITY ATTOR&EY
ATTEST:
tL t*~C~ C1'(~ SCOTT WELDING INC.
' arty o e Second ~artTR6i R
"1 By L
Title
(SEAL)
2
10.15-71
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF Denton E
KNOW ALL MEN BY THESE PRESENTS: That
Scott Welding, Inc. , of the City of Lubbock
,
County of Lubbock P41, Sate of Texas
U D TATE9 F1
as PRINCIPAL, and GUARANTY Co:%rrA,rY
, as SURETY,
authorized under the laws of the State of Texas to act as surety on bonds
for principals. are held and firmly bound unto the _
City of Denton , as OWNER, in the penal sum of Ore Hundred
Thirty-eight Thousand Five Hundred and no/100 Dollars 138,500,00 j
for the payment whereof, the said Principal and Surety bind themselves and
their heirs, administrators, executors, successors and assigns, jointly
and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract
with the OWNER, dated the 1st day of November lg 71
struction of ,for the con-
•
a 2 MG Steel Ground Storage Tank
Contract No. 71-7681
which contract is hereby referred to and made a part hereof as fully and to
the same extent as if copied at length herein.
NOW, THEREFORE, the condition of this obligation is such, that if
the said Principal shall faithfully perform said Contract and shall in all
respects duly and faithfully observe and perform all and singular the cove-
nants, conditions and agreements in and by said contract agreed and cove-
nanted by the Principal to be observed and performed, and according to the
true intent and meaning of said Contract and the Plan:: and Specifications
hereto annexed, then this obligation shall be void: otherwise to remain
in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of Article 5160 of the Revised Civil Statutes of Texas as amended
3
10-15-71
by acts of the 56th Legislature, Regular Session, 1959, and all liabilities
on this band shall be determined in accordance with the provisions of said
Article to the same exterst as if it were copied at length herein.
PROVIDED FURTHER, that if any legal action be filed upon this
bond, venue shall lie in --Denton _ County, State of Texas.
Surety, for value received, stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract, or
to the work performed thereunder, or the plans, specifications, or drawings
accompanying the same, shall in anywise affect its obligation on this bond,
and it does hereby waive notice of any such change, extension of time, alter-
ation or addition to the terms of the contract, or to the work to be per-
formed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and
sealed this instrument this 1st day of November , 1971
UNITED STATES FIDELITY AND
SCOTT WELDI_NG, INC. GUARr:*iTY COMPANY
Surey
r nc
r/'. z' AO
Title Title_ A~f{o p,0,r /.J/A45-
Address 918 East 50th St. Address Po1i0-r ieNyy? '
Lubbock, Texas 79404 ~~~for 7-~,~irs
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety is:
T
NOTE: Date of Bond must not be prior to date of Contract.
4
10-15-71
t
PAYMENT BOND
STATE OF TEXAS
COUNTY OF Denton
KNOW ALL MEN BY THESE PRESENTS; That
Scott Welding, Inc. of the City of Lubbock
County of Lubbock INITFD sTAaRd FSrtatinofW) Texas
GUARANTY CON111ANY
as PRINCIPAL, and
Texas to act as suretyaonsbonds9fortprrincipalsdearehheldwandffirmlytboundf
unto the City of Denton
,
as OWNER, in the penal sum of One Hundred Thirty-eight Thousand,
Five Hundred and no--- Dollars (E 138,
500.00 ) for the payment whereof,
the said Principal an Surety bind tTiemse vT es`-and their heirs, administrators,
executors, successors and assigns, jointly and severally, by these presents.
WHEREAS, the Principal has entered into a certain written contract
with the Owner, dated the 1st day offlovember 19 71 , for the construction
of a 2 MG Steel Ground Stora a Tank
Contract No. 71-7681
,
which contract is hereby referred to and made a part hereof as fully and to
the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that
if the said Principal shall pay all claimant's supplying labor and material
to him or a subcontractor in the prosecution of the work provided for in
said contract, then this obligation shall be void; otherwise to remain in
full force and effect;
PROVIDED, HOWEVER, that this bond is excr:uted pursuant to the
provisions of Article 5160 of the Revised Civil StatwtPs of Txas as amended
by acts of the 56th Legislature, Regular Session, 1959, and dll liabilities
on this bond shall be determined in accordance with the provisions of said
Article to the same extent as if it were copied at length herein.
PROVIDED FURTHER, that if any legal action be filed upon this
bond, venue shall lie in Denton County, State of Texas.
5
10-15-71
Surety, for value received, stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract, or
to the work performed thereunder, or the plans, specifications or drawings
accompanying the same, shall in anywise affect its obligation on this bond,
and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the contract, or to the work to be
performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and
sealed this instrument this 1st day of November , 19 71 ,
UNITED STATFA VIDRLI-AY AND
SCOTT WELDING, INC. CUARANEY COMPANY
Principal Surety
BY By cQ 4 c
flpfte fc c c
Title Tit e- 0~Ar~x 4'~ewr C. - _ „s/.
Address 918 East 50th Street Address /'o 4.V~ iays~
Lubbock, Texas 79404 ,G~66o~k 7cs-,c,fs 7wo~
(SEAL) (SEAL)
Tho name and address of the Resident Agent of Surety is:
- - On AL41, /O V/ ,,e N .fJ~ye X/1 s i%Feyed!)
Note: Date of Bond must not be prior to date of Contract.
6
TO-16-71
GENERAL CONDITIONS OF AGREEMENT
1. DEFINITIONS OF TERMS
1.01 OWNER. CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and the
f ENGINEER are those mentioned as such in the Agreement. They are treated
throughout the Contract Documents as if each were of the singular number and
masculine gender. The ENGINEER shall be understo,ld to be the ENGINEER of
the OWNER or his duly authorized representative.
1.02 CONTRACT DOCUMENTS. The Contract Documents shall consist of the Notice
to Bidders (Advertisement for Bfds), Instructions to Bidders, Special Pro-
visions or Special Conditions, Proposal, Contract Agreement, Performance Bond
and Payment Bond (when required), Special Bonds (when required), General Con-
ditions of the Agreement, Technical Specifications, Plans, and all modifi-
cations thereof incorporated in any of the documents before the execution of
the agreement.
The Contract Documents are complementary, and whaL is called for by any one
shall be as binding as if called for by all. In the event of a conflict in
the Contract Documents, the CONTRACTOR shall call the conflict to the
ENGINEER'S attention in writing and he shall decide the conflict in writing,
and the ENGINEER'S decision shall be binding.
1.03 SUBCONTRACTOR. The term Subcontractor, as employed herein, includes
only those having a direct contract with the CONTRACTOP.
1.04 WRITTEN NOTICE. Written notice shall be deemed to have been duly served
if delivered in person to the individual or to a member of the firm or to an
officer of the corporation for whom it is intended, or if delivered at or son.
by registered mail to the last business address known to him who gives the
notice.
1.05 WORK. Unless otherwise stipulated, the CONTRACTOR shall provide and pay
for all materials, supplies, machinery, o4uipment, tools, superintendence,
labor, insurance, and all water, light, power, fuel, transportation, and other
facilities and services necessary for the execution and completion of the work
covered by the contract documents. Unless otherwise specified, all materials
shall be new and both workmanship and materials shall he of a good quality.
The CONTRACTOR shill, if required, furnish satisfactoi• evidence as to the kind
and quality of materials. Materials or, work described Ii. words which so
applied have a well known technical or trade meaning shall be held to refer
to such recognized standards.
1.06 WORKING DAY. A "Working Day" is defined as any day not including Sat-
urdaya, Sundays or any legal holidays, in which weather will permit constru-
ction of the principal unit% of the work for a period of not less than seven
(7) hours between 7:00 a.m. and 6:00 p.m.
7
9-1-66
68
1.007 CALENDAR DAY. A "Calendar Day" is any day of the week or month, no days
being excepted.
1208 WORK WEEK. The "Work Week" shall consist of a period of seven (7) suc-
cessive calendar days to begin and end as specified by the CONTRACTOR.
1.09 SUBSTANTIALLY COMPLETED. By the term "Substantially Completed" is meant
that the structure or facility has been made suitable for use and all construc-
tion completed except for minor repairs or miscellaneous work, which while in
progress will not interfere with the OWNER'S use and occupancy of the structure
or facility.
2. CONTROL OF WORK
2.01 _ LINES AND GRADES. Unless otherwise specified, all lines and grades shall
be furnished by the ENGINEER. Whenever necessary, construction work shall be
suspended to permit performance of this work, but such suspension will be as
brief as practicable and the CONTRACTOR shall be allowed no extra compensation
therefor. The CONTRACTOR shall give the OWNER or the ENGINEER ample notice of
the time and place where lines and grades will be needed. All stakes, marks,
etc., shall be carefully preserved by the CONTRACTOR, and in case of careless
destruction or removal by him or his employees, such stakes, marks, etc., shall
be replaced at the CONTRACTOR'S expense.
2.02 ENGINEER'S AUTHORITY AND DUTY. The ENGINEER shall have the right of
supervision of the work, to the limited extent hereinafter mentioned, for the
purpose of seeing that the improvements are constructed in conformity with the
contract. It is understood and agreed, however, that the ENGINEER'S supervision
is fnr the sole purpose of seeing that thz improvement's are constructed in ac-
cordance with the contract, to the end that the OWNER upon completion will have
improvements conforming to the plans, specifications and other contract docu-
ments. The ENGINEER Is the ENGINEER of the OWNER, as aforesaid, and all super-
vision and other duties of the ENGINEER under this contract are for the sole
benefit of the OWNER, the parties hereby expressly negating any intent that
these provisions shall inure to the benefit of anyone not a party to this agree-
ment. The CONTRACTOR is and shall remain an independent contractor, solely
responsible for the manner and method of accomplishing his work hereunder, and
the safety of himself, his employees and other persons by reason of his oper-
ations hereunder. The ENGINEER'S authority in this regard shall be limited
to a right of veto with respect to methods which in the ENGINEER'S opinion
would prevent the completed improvements conforming to the contract. The
ENGINEER shall have the authority to stop the work whenever such stoppage may
be necessary to insure the proper execution of the contract.
In order to prevent delays and disputes and to discourage litigation, it is
further agreed that the ENGINEER shall in all cases determine the amounts and
quantities of the several kinds of work which are to be raid for under this
contract. lie shall determine all questions in relation to said work and the
8
9-1-66
construction thereof, and shall in all cases decide every question which may
arise relative to the execution of this contract on the part of said CONTRACTOR.
• The ENGINEER'S estimates and findings shall be: the conditions precedent to the
right of the parties hereto to arbitration or to any action on the contract,
and to any rights of the CONTRACTOR to receive any money under this contract;
provided, however, that should the ENGINEER render any decision or give any
direction which, in the opinion of either party hereto, is not in accordance
with the meaning and intent of this contract, either party may file with said
ENGINEER within fifteen (15) days a written objection to the decision or
direction so rendered, and by such action may reserve the right to submit the
question so raised to arbitration as herein provided. It is the intent of
this agreement that there shall be no delay in the execution of the work;
therefore, the written decision or directions of the ENGINEER as rendered
shall be promptly carried out, and any claim arising therefrom shall be
thereafter adjusted by arbitration as hereinafter provided.
The ENGINEER shall, within a reasonable time, render and deliver to both the
OWNER and the CONTRACTOR a written decision on all claims of the parties here-
to and on all questions which may arise relative to the execution of the work
or the interpretation of the contract, specifications and plans. Should the
ENGINEER fail to made such decision within a reasonable time, an appeal to
arbitration may be taken as if his decision has been rendered against the
party appealing.
Whenever the words "directed", "required", "permitted", "designated", "con-
sidered necessary", "prescribed", or words of like import are used, it shall
be understood that the direction, requirement, perm.'.ssion, order, designation
or prescription, of the ENGINEER is intended; and similarly, the words "ap-
proval", "acceptable", "satisfactory", or words of like import shall mean
approved by or acceptable or satisfactory to the ENGINEER.
2.03 SUPERINTENDENCE AND INSPECTION. It is agreed by the CONTRACTOR that the
ENGINEER shall be and is hereby authorized to appoint from time to time such
subordinate engineers, supervisors or inspectors as the said ENGINEER may deem
proper to inspect the material furnished and the work done under this agree-
ment, and to see that the said material is furnished and said work is done in
accordance with the specification therefor. The CONTRACTOR shall furnish all
reasonable aid and assistance required by the subordinate engineers, super-
visors or inspectors for the proper inspection and examination of the work.
The rulings and decisions of any such subordinate engineers, supervisors or
inspectors so appointed, when consistent with the obligations of this agree-
ment and the accompanying plans and specifications, shall have the same force
and effect as rulings and decisions of the ENGINEER hereunder; provided, how-
ever, should the CONTRACTOR object to any ruling or decision by such sub-
ordinate engineer, supervisor or inspector, the CONTRACTOR may within six (6)
days make written appeal to the ENGINEER for his decision.
2.04 CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give per-
sonal attention to the faithful prosecution and completion of this contract
9
9-1-66
68
and shall keep on the work, during its progress, a competent superintendent
and any necessary assistant, all satisfactory to the ENGINEER. The superin-
tend-ant shall represent the CONTRACTOR in his absence and all directions given
to him shall be as binding as if given to the CONTRACTOR. The CONTRACTOR is
and shall at all times remain an independent contractor, solely responsible for
the manner and method of completing his work under this contract, :o long as
such methods do not adversely affect the completed improvements, and soIL-ly
responsible for the safety of himself, his employees and other persons, r.s
well as the safety of the improvements being erected and the property of him-
self or any other person, as a result of his operations hereunder.
The CONTRACTOR is and at all times shall remain an independent contractor,
solely respon.•ible for the matimer and method of completing his work under this
contract, with full power and authority to select the means, method and manner
of performing such work, so long as such methods do not adversely affect the
completed improvements, the OWNER and ENGINEER being interested only in the
result obtained and conformity of such completed improvements to the plans,
specifications and contract. Likewise, the CONTRACTOR shall be s,iely respon-
sible for the safety of himself, his employees and other persons, as well as
the safety of the improvements being erected and the property of himself or
any other person, as a result of his operations hereunder. Engineering con-
struction drawings and specifications, as well as any additional information
concerning the work to be performed passing from or through the OWNER or
ENGINEER, shall not be interpreted as requiring or allowing CONTRACTOR to
deviate from the plans and specifications, the intent of such drawings, speci-
fications and any other such instructions being to define with particularity
the agreement of the parties as to the work the CONTRACTOR is to perform.
CONTRACTOR shall be fully and completely liable, at his own expense, for design,
construction, installation and use, or non-use, of all items and methods inci-
dent to performance of the contract, and for all loss, damage or injury inci-
dent thereto, either to person or property, including, without limitation, the
adequacy of all temporary suppV4'U ,tshoring, bracing, scaffolding, machinery or
equipment, safety precautions or devices, and similar items or devices used
by him during construction.. Any review of work in process, or any visit or
observation during constructiun, or any clarification of plans and specifi-
cations, by the OWNER or ENGINEER, or any agent, employee or representative of
either of them, whether through persona'. observation on the project site or by
means of approval of shop drawings for temporary construction or construction
processc „ or by any other means or method, is agreed by the CONTRACTOR to be
for the purpose of observing the extent and nature of work completed or being
performed, as measured against the drawings and specifications constituting
the contract, or for the purpose of enabling CONTRACTOR to more fully under-
stand the plans and specifications so that the completed construction work will
conform thereto, and shall in no way relieve the CONTRACTOR from full and com-
plete. responsibility for the proper performance of his work on the project,
including but without limitation the propriety of means and methods of the
CONTRACTOR in performing said contract, and the adequacy of any designs, plans
or other facilities for accomplishing such performance. Deviation by the
10
4-1-66
68
MMIMM~
CONTRACTOR from plans or specifications that may have been in evidence during
any such visitation or observation by the OWNER or ENGINEER, or any repre-
sentative of either of them, whether called to the CONTRACTOR'S attention or
not, Ehall in no way relieve CONTRACTOR from his responsibility to complete
all work in accordance with said plans and specifications.
2.05 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the CON-
TRACTOR has, by careful examination, satisfied himself as to the nature and
location of the work, the conformation of the ground, the character, quality
and quantity of the materials to be encountered, the character of equipment
and facilities needed preliminary to and during the prosecution of the work,
the general and local conditions, and all other matters which can in any way
affect the work under this contract. No verbal agreement or conversation
with any officer, agent or employee of the ENGINEER or the OWNER, either
before or after the execution of this contract, shall affect or modify any of
the terms or obligations herein contained.
2.06 CHARACTER OF WORKMEN. The CONTRACTOR agrees to employ only orderly and
competent men, skillful in the performance of the type of work required under
this contract, to do the work; and agrees that whenever the ENGINEER shall
inform him in writing that any man or men on the work are, in his opinion,
incompetent, unfaithful or disorderly, such man or men shall be discharged
from the work and shall not again be employed on the work without the
ENGINEER'S written consent.
2.07 CONTRACTOR'S BUILDINGS. The building of structures for houbing men, or
the erection of tents or other forms of protection, will be permitted only at
such places as the ENGINEER may direct, aM the sanitary conditions of the
grounds in or about such structures shall ;~t all times be maintained in a
manner satisfactory to the ENGINEER.
2.08 SANITATION. Necessary sanitary conveniences for the use of laborers on
the work, properly secluded from public observation, shall be constructed and
maintained by the CONTRACTOR in such manner and at such points as shall be
approved by the ENGINEER, and their use shall be strictly enforced.
2.09 SHOP DRAWINGS. The CONTRACTOR shall submit to the ENGINEER, with such
promptness as to cause no delay in his work or in that of any other contractor,
four copies unless otherwise specified, of all shop and/or setting drawings
and schedules required for the work of the various trades, and the ENGINEER
shall pass upon them with reasonable promptness, making desired corrections.
The CONTRACTOR shall make any corrections required by the ENGINEER, file with
him two corrected copies and furnish such other copies as may be needed. The
ENGINEER'S approval of such drawings or schedules shall not relieve the CON-
TRACTOR from responsibility for deviations from drawings or specifications,
unless he has in writing called the ENGINEER'S attention to such deviations
at the time of submission, nor shall it relieve him from responsibility for
errors of any sort In shop drawings or schedules. Such review by the ENGINEER
11
9-1-66
68
shall be for the sole purpose of determining the sufficiency of said drawings
or schedules to result in finished improvements in conformity with the plans and
specifications, and shall not relieve the CONTRACTOR of his duty as an indepen-
dent contractor as previously set forth, it being expressly understood and agreed
that neither the ENGINEER nor the OWNER assumes any duty to pass upon the pro-
priety or adequacy of such drawings or schedules, or any means or methods re-
flected thereby, in relation to the safety of either person or property during
CONTRACTGR'S performance hereunder.
2.10 NAltY APPROVAL. The ENGINEER shall not have the power to waive
_ntract for the furnishing by the CONTRACTOR of good
PRELIMINARY the obligations of this co
material, and of his performing good work as her-in described, al? in full
accordance with the plans and specifications. No failure or omission of the
ENGINEER to condemn any defective work or material shall release the CONTRACTOR
from the obligations to at once tear out, remove and properly replace the
same at any time prior to final acceptance, upon the discovery of said defec-
tive work or material; provided, however, that the ENGINEER shall, upon
request of the CONTRACTOR, inspect and accept, qualify, or reject any material
furnished, and in event the material has been once accepted by the ENGINEER,
such acceptance shall be binding on the OWNER, unless it can be clearly shown
that such material furnished does not meet the specifications for this work.
Any questioned work may be ordered taken up or removed for re-examination,
by the ENGINEER, prior to final acceptance, and if found not in accordance
with the specifications for said work, all expense of removing, re-examination
.and replacement shell be borne by the CONTRACTOR, otherwise the expense thus
incurred shall be allowed as EXTRA WORK, and shall be paid for by the OWNER;
provided that, where inspection or approval is specifically required by the
specifications prior to performance of certain work, should tLe CONTRACTOR
proceed with such work without requesting prior inspection or approval, fie
shall bear all expense of taking up, removing, and replacing this work if
so directed by the ENGINEER.
2.11 DEFECTS AND THEIR REMEDIES. It is further agreed that if the work or
any part thereof, or any material brought on the site of the work for use in
the work or selected for the s&me, shall be deemed by the ENGINEER as unsuit-
able or not in conformity with the specifications, the CONTRACTOR shall, after
receipt of written notice thereof from the ENGINEER, forthwith remove such
material and rebuild or otherwise remedy such work so that it will be in full
accordance with this contract.
2.12 CHANGE` AND ALTERATIONS. The CONTRACTOR further agrees that the OWNER
may make such changes and alterations as the OWNER may see fit, in the line,
grade, form, dimensions, plans, or materials for the work herein contemplated,
or any part thereof, either before or after the beginning of the construction,
without affecting the validity of this contract and the accompanying per-
formance and payment bonds.
If such changes or alterations diminish the quantity of the work to be done,
they shall not constitute the basis for a claim for damages, or anticipated
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profits on the work that may be dispensed with, except as provided for unit
price items under Section 5, "Measurement and Payment". If the amount of
work is increased, and the work can fairly be classlffed under the specifi-
cations, such increase shall be paid for according to the quantity actually
done and at the unit price, if any, established for such work under this
contract, except as provided for unit price items under Section 5, "Measure-
ment and Payment"; otherwise, such additional work shall be paid for as
provided under Extra Work. In case the OWNER shall make such changes or
alterations as make useless any work already done or material already
furnished or esad In said work, then the OWNER shall recompense the CON-
TRACTOR for any material or labor so used, and for any actual loss occa-
sioned by such change, due to actual expenses Incurred in preparation for
the work as originally planned.
2.13 RIGHT OF ENGINEER TO MODIFY METHODS AND EQUIPMENT. If at any time the
methods or equipment used by the CONTRACTOR are found to be inadequate to
secure the quality of work or the rate of progress required under this con-
tract, or the working force of the CONTRACTOR is inadequate for securing
the progress herein specified, the ENGINEER may order the CONTRACTOR in
writing to increase their safety or improve their character and efficiency,
or to increase his force or equipment ur both, and the CONTRACTOR Shall
comply with such order. Such authority of the ENGINEER, however, is for
the sole benefit of the OWNER and the safety of the improvements, in order
to secure their erection in conformity with this contract; it shall remain
the sole duty and responsibility of the CONTRACTOR to take adequate pre-
cautions in his operations for the safety of persons and property. No
failure of the ENGINEER to complain of the methods and equipment of the
CONTRACTOR shall excuse or relieve the CONTRACTOR of liability for damage
to the property or improvements of the OWNER by reason of tits neglect or
omission.
3. GENERAL OBLIGATIONS AND RESPONSIBILITIES
3.01 KEEPING OF PLANS AND sPECIFICATIONS ACCESSIBLE. The ENGINEER shall
furnish the CONTRACTOR with an adequate and reasonable number of copies of
all plans and specifications without expense to him, and the CONTRACTOR
shall keep one copy of the same constantly accessible on the work, with
the latest revisions noted thereon.
3.02 OWNERSHIP OF DRAWINGS. All drawings, specifications and copies there-
of furnished by the ENGINEER shall not be reused on other work, and, with
the exception of the signed contract sets, are to be returned to him on
request, at the completion of the work. All models are the property of the
OWNER.
3.03 ADEQUACY OF DESIGN. It is understood that the OWNER believe he has
employed competent engineers and designers. It is, therefore, agreed that
the OWNER shall be respc.,nsible for the adequacy of the design, sufficiency
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of the Contract Documents, the safety of the completed structure and the practi-
cability of the operations of the completed project; provided the CONTRACTOR
has complied with the requirements of the said Contract Documents, all approved
in writing by the OWNER. The burden of proof of such compliance ;hall be upon
the CONTRACTOR show that he has complied with the said requirements of the
Contract Documents, approved modifications thereof and all approved additions
and alterations thereto.
3.04 RIGHT OF ENTRY. The OWNER reserves the right to enter the property or
location on which the works herein contracted for are to be constructed or
installed, by such agent or agents as he may elect.
3.05 COLLATERAL CONTRACTS. The OWNER agrees to provide by separate contract
or otherwise, all labor and material essential to the completion of the work
specifically excluded from this contract, in such manner as not to delay the
progress of the work, or damage said CONTRACTOR, except where such delays are
specifically mentioned elsewhere in the Contract Documents.
3.06 DISCREPANCIES AND OMISSIONS. It is further agreed that it is the intent
of -his contract that all work must be done and all material must be furnished
in accordance with the generally accepted practice, as determined by the
ENGINEER, and in the event of any discrepancies between the separate contract
documents, specifications or drawings, the ENGINEER shall define which is
intended to apply to the work.
.3,07 EQUIPMENT, MATERIALS AND CONSTRUCTION PLANT. The CONTRACTOR shall provide
all tools, equipment, machinery, materials, and construction plant and facili-
ties necessary in the prosecution and completion of the contract, except as
-otherwise specifically set forth to be provided by the OWNER. The CONTRACTOR
shall responsible for the care, preservation, conservation, and protection
of all materials, Ruoplies, machinery, equipment, tools, apparatus, accessories,
facilities, all means of ^!onstruction, and any and all parts of the work,
whether the CONTRACTOR has i._-an paid, partially paid, or not paid for such
work, until the entire work is completed and accepted.
3.08 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC. The CONTRACTOR
shall take out and procure a policy or policies of workmen's compensation
insurance with an insurance company licensed to transact business in the
State of Texas, which policy shall comply with the Workman's Compensation Law
of the State of Texas. The CONTRACTOR shall at all times exercise reasonable
precatutions for the safety of employees and others on or near the work and
shall comply with all applicable provisions of Federal, State and Municipal
safety laws and building and construction codes. All machinery and equipment
and other physical hazards shall be guarded in accordance with the "Manual
of Accident prevention in Construction" of the Associated General Contractors
of America, except where incompatabile with Federal, State, or Municipal laws
or regulations. The CONTRACTOR shall provide such machinery guards, safe
walkways, ladders, bridges, gangplanks, and other safety devices as may be
14
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•68
required as requisite to the prevention of accidents. The CONTRACTOR and
his Sureties shall indemnify and save harmless the OWNFk and all his offi-
cers, agents and employees, and the ENGINEER, and his ngents and employees
from and against all suits, action9, claims, demands or judgements, of any
character, name and description, brought or asserted against any of them
for or on account of any injuries or damages to persons or property, or
damages of any other kind, allegedly received or sustained on account of
any negligent act or fault of CONTRACTOR, his agents, employees or repre-
sentatives, or sub-contractors, their agents or employees, in the execution
of said contract or any operations thereunder, or on account of the failure
of any person, firm or corporation to provide necessary barricades, warning
lights or signs, or to take any other safety precautions. This agreement of
indemnity shall extend to and include any suit, action or claim, of any
character and description, allegedly.arising out of the concurrent negligence
of the CONTRACTOR and/or any sub-contractor, their agents, representatives
or employees, and the OWNER, or its officers, agents and employees, and/or
tt,e ENGINEER, his agents and employees; and the CONTRACTOR and his Sureties
will be required to pay any judgment, with costs, which may be obtained
against any party hereby indemnifind, growing out of such alleged injury or
damage. The safety precautions actually taken and their adequacy shall be
the sole responsibility of the CONTRACTOR, in his sole discretion as an in-
dependent contractor; the inclusion of this paragraph in the agreement, as
well as any notice which may be given by the OWNER, ENGINEER, or their repre-
sentatives concerning omissions under this paragraph as the work progresses,
are intended only as reminders to the CONTRACTOR of his duty in said regard,
and shall not be construed as any assumption of duty to supervise safety
precautions by either the OWNER or ENGINEER.
3.09 PERFORMANCE AND PAYMENT BONDS. It is further agreed by the parties
to this Contract that the CONTRACTOR will execute separate performance and
payment bonds, each in the sum of one hundred (100X) per cent of the total
contract price, on standard forms for this purpose, guaranteeing faithful
performance of the work and the fulfillment of any guarantees required, and
further guaranteeing payment to all persons supplying labor and materials or
furnishing him any equipment in the execution of the Contract, and it is
agreed that this Contract shall not be in effect until such performance and
payment bonds are furnished and approved by the OWNER.
Unless otherwise approved in writing by the OWNER, the surety company under-
writing the bonds shall be acceptable according to the latest list of com-
panies holding certificates of authority from the Secretary of the Treasury
of the United States. As herein provided for GUARANTEE, the performance
bond shall remain in effect for a period of one year after the date of the
Certificate of Acceptance by the OWNER. The cost of the premfuia for the
performance and payment bonds shall be included in the CONTRACTOR'S proposal.
3.10 LOSSES FROM NATURAL CAUSES. All loss or damage to the CONTRACTOR
arising out of the nature of the work to be done, or from the action of the
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68
elements, or from any unforeseen circumstances in the prosecution of the same,
or from unusual obstructions or difficulties which may be encountered in the
prosecution of the work, s1~a11 be sustained and borne by the CONTRACTOR at
his own cost and expense.
3.11PROTECTION OF ADJOINING PROPERTY. The said CONTRACTOP. shall take proper
means to protect the adjacent or adjoining property or properties in any way
encountered, which might be injured or seriously affected by any process of
construction to be undertaken under this Agreement, from any damage or injury
by reason of said process of construction; and fie shall be liable for any
and all claims for such damage on account of his failure to fully protect
all adjoining property. The CONTRACTOR agrees to indemnify, save and hold
harmless the OWNER and the ENGINEER against any claim or claims for damages
due to any injury to any adjacent or adjoining property, arising or growing
out of the performance of the contract; but any such indemnity shall not apply
to any claim of any kind arising out of the existence or character of the
work.
3.12 PROTECTION AGAINST CLAIMS OF SUB-CONTRACTORS LABORERS MATERIALMEN,
AND FURNISHERS OF MACHINERY UIPMENT AND SUPPLIES. The CONTRACTORt agrees
that he will indemnify and save the QWNER harmless from all claims growing
out of tho lawful demands of sub-contractors, laborers, workmen, mechanics,
materialmen, and furnishers of machinery and parts thereof, equipment, power
tools, and all supplies, including commissary, incurred in the furtherance
of the performance of this contract. When so desired by the OWNER, the CONTRACTOR
shall furnish satisfactory evidence that all obligations of the nature hereinabove
designated have been paid, discharged or waived. If the CONTRACTOR fails
so to do, then the OWNER may at the option of the CONTRACTOR either pay directly
any unpaid bills of which the OWNER has written notice, or withhold from the
CONTRACTOR'S unpaid compensation a sum of money deemed reasonably sufficient
to liquidate any and all such lawful claims until satisfactory evidence is
furnished that all liabilities have been fully discharged; whereupon payments
to the CONTRACTOR shall be resumed in full, in accordance with the terms of
this contract, but in no event shall the provisions of this sentence be con-
strued to impose any obligation upon the OWNER by either the CONTRACTOR or
his Surety.
3.13 PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION. The CONTRACTOR
shall pay all royalties and license fees, and shall provide for the use of
any design, device, material, or process covered by letters patent or copyright,
by suitable legal agreement with the patent- _e or OWNER. The CONTRACTOR shall
defend all suits or claims for infringement of any patent or copyright rights
and shall indemnify and save the OWNER harmless from any loss on account thereof,
except that the OWNER shall defend all such suits and claims and shall be
responsible for all such loss when a particular design, device, material,
or process, or the produce of a particular manufacturer or manufacturers is
specified or required by the OWNER; provided, however, if choice of alternate
design, device, material, or process is allowed to the CONTRACTOR, then CONTRACTOR
shall indemnify and save OWNER harmless from any loss on account thereof.
If the material or process specified or required by the OWNER is an infringement,
the CONTRACTOR shall be responsible for such loss unless he promptly gives
such information to the OWNER.
I~
9=1-66
f, R
3.14 LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe and
comply with all Federal, State and local laws, ordinances and regulations,
which in any manner affect the contract or the work, and shall Indemnify and
save harmless the OWNER against any claim arising from the violation of any
such laws, ordinances, and regulations, whether by the CONTRACTOR or his em-
ployees, except where such violations are called for by the provisions of
the Contract Documents. If the CONTRACTOR observes that the plans and speci-
fications are at variance therewith, he shall promptly notify the ENGINEER
in writing, and any necessary changes shall be adjusted as provided In the
contract for changes In the work. If the CONTRACTOR performs any work knowing
it to be contrary to such laws, ordinances, rules and regulations, and without
such notice to the ENGINEER, he shall bear all costs arising therefrom. In
case the OWNER is a body politic and corporate, the law from which it derives
its powers, insofar as the same regulates the objects for which, or the manner
in which, or the conditions under which the OWNER may enter into contract,
shall be controlling, and shall be considered as part of this contract, to
the same effect as though embodied herein.
3.15 ASSIGNMENT: AND SUBLETTING. The CONTRACTOR further agrees that he will
retain personal control and will give his personal attention to the fulfull-
ment of this contract and that he will not assign by Power of Attorney, or
otherwise, or sublet said contract without the written consent of the OWNER,
and that no part or feature of the work will be sublet to anyone objection-
able to the ENGINEER or the OWNER. The CONTRACTOR further agrees that the
subletting of any portion or feature of the work, or materials required n
the performance of this contract, shall not relieve the CONTRACT from his
full obligations to the OWNER, as provided by this Agreement.
3.16 CONTRACTOR'S AND SUB-CONTRACTOR'S INSURANCE. The CONTRACTOR shall not
commence work under this contract until he has obtained all the insurance
required under the following sub-paragraphs and such insurance has been
approved by the OWNER, nor shall the CONTRACTOR allow any sub-contractor
to commence work on a sub-contract until such sub-contractor has obtained
complete insurance coverage as required for the CONTRACTOR.
3.161 COMPENSATION INSURANCE. The CONTRACTOR shall procure and shall main-
tain during the life of this contract Workmen's Compensation Insurance for
all of his employees to be engaged in work on the project under this contract
end, in case of any such work sublet, the CONTRACTOR shall require the sub-
contractor similarly to provide Workmen's Compensation Insurance for all of
the latter's employees to be engaged in such work, unless such employees
are covered by the protection afforded by the Contractor's Workmen's Compen-
sation Insurance. In case any class of employees engaged in hazardous work on
the project under this contract is not protected under the Workmen's Compensa-
tion Statute, the CONTRACTOR shall provide, and shall cause each sub-contractor
to provide, adequate Employer's General Liability Insurance for the protection
of such of his employees not otherwise protected.
3.162 CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE. The
CONTRACTOR shall procure and shall maintain during the life of this contract
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9.1.66
68
Contractor's Comprehensivo General Liability Insurance in an amount not less
than $100,000.00 for injuries, Including accidental death, to any one per-
son, and subject to the some limit for each person, in an amount not less
than $300,000.00 on account of one accident, and Contractor's Property
Damage Insurance in an amount of not less than $50,000.00 on account of one
accident and $100,000.00 aggregate.
The CONTRACTOR shall also furnish Owner's Protective Liability Insurance,
which by express provision or endorsement shall also inure to the benefit
and protection of the ENGINEER, as separate policies or as a part of one of
the above mentioned policies or by endorsement thoroto, in the amount set
forth for public liability and property damage.
3.163 AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE. The
CONTRACTOR shall procure and maintain, during the life of the Contract,
Automobile Insurance in an amount not less than $100,000.00 for injuries,
including accidental death, to any one person and subject to the same limit
for each person, an amount not less than $300,000.00 on account of one
accident, and automobile property damage insurance in an amount not less
than $50,000.00.
3.164 SCOPE OF INSURANCE AND SPECIAL HAZARD. The Insurance required under
the above paragraphs shall provide adEquate protection for the CONTRACTOR
and his sub- contractors, respectively, against damage claims which may arise
from operations under this contract, whether such operations be by the in-
sured or by anyone directly or indirectly employed by him. Insurance also
shall be provided against special hazards, if any, as may be sot forth in
the Special Conditions or Spacial Provisions, or elsewhere in these Con-
tract Documents.
For contracts involving work to be performed within the corporate limits of
any municipality and for contracts involving pipe line construction (water,
sewer, or other), the CONTRACTOR shall furnish insurance as separate policies
or by additional endorsement to one of the above mentioned policies, and
in the amounts as set forth for public liability and property damage, the
following Insurance:
(a) Blasting, prior to any blasting being done.
(b) Collapse of buildings or structures adjacent to excavation
(if excavations are to be performed adjacent to same).
(c) Damage to underground utilities.
3.165 PROOF OF CARRIAGE OF INSURANCE, The CONTRACTOR shall furnish the
OWNER with satisfactory proof of , overage by insurance required in these
Contract Documents in amounts and by carriers satisfactory to the OWNER.
Proof of carriage of insurance by sub-contractors shall also be furnished.
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68
3,17 GENERAL INDEMNIFICATION: The CONTRACTOR agrees, without in any way
Iimlting other provisions of this contract, to protect, indemnify and hold
the OWNER and ENGINEER free and harmless from and against any and all
claims, liens, demands, liabilities, penalties and causes of action, in-
cluding but not limited to, the amounts of judgments, penalties, interests,
court costa, costs of litigation and reasonable legal fees incurred by
the OWNER or ENGINEER In defense of same, occurring or arising out of, or
resulting from the work performed and to be performed by CONTRACTOR here-
under, including specifically but without limitation, design and Instal-
lation of temporary supports, shoring, bricing, scaffolding and similar
items, whether or not occasioned by the negligence, carelessness or want
of skill of CONTRACTOR or his servants or employees, or that of his Sub-
Contractors or their employees, or in connection with or arising out of
any deviation from plans or specifications even though such deviation
occurs with or without the knowledge of the OWNER or ENGINEER, and whether
or not such deviations have been called to CONTRACTOR'S attention, except
insofar as responsibility, if any, may be expressly assumed by the OWNER
or ENGINEER under the provisions of this contract.
It is specifically agreed between the parties executing this contract that
it is not intended by any of the provisions of any part of the contract to
create the public or any member thereof a third party beneficiary hereunder,
for personal Injuries or property damage pursuant to the terms or provisions
of this contract. The duties, obligations and responsibilities of the
parties to this contract with respect to third parties shall remain as
imposed by law,
3.18 GUARANTEE: The CONTRACTOR shall guarantee the work against failure
or malfunction duo to defective materials or workmanship for a period of
one year from the data of the written Certificate of Acceptance of the OWNER.
Where the CONTRACTOR is required to procure and furnish orticlos manufactured
by others, t,.",e standard warranty, if any, of the manufacturer thereof shall
be delivered to OWNER by CONTRACTOR In form to insure toOWNER'S benefit.
This guarantee will not apply to defects of any materials or equipment fur-
nished by the OWNER to the CONTRACTOR for installation; however, the guarantee
will apply to any defects in workmanship in the Installation by the CONTRACTOR
of such materials or equipment.
When defective material and workmanship are discovered, all required repairs
shall be made by the CONTRACTOR at his own expense. Such repairs shall be
Initiated within five (5) days after written notice of such defects has been
given by the OWNER and the work of the repairs shall proceed with dispatch so
that the repairs will be completed within a reasonable length of time. Should
t
not
he CONTRACTOR fail to initiate the repairs within five (5) days after written ce or theiOWNER may Jmakeetheinecessarylrepairs repairi
CONTRACTORIwithmall
costs Incurred therefor.
As a part of this guarantee, the CONTRACTOR'S Performance Bond shall remain
in effect for a period of one year after tho date of written acceptance by
the OWNER.
19
Rev 7.10-68
3.19 WAGE RATES, The OWNER in accordance with statutory requirements has
determined -he eneral prevailing rates of wages as applicable to the project,
and the CONTRACTOR shall pay not less than the rates of wages so determined.
A copy of the schedule of prevailing wage rates as established by the OWNER
Is included as a part of these Contract Documents.
4. PROSECUTION AND PROGRESS
4.01 TIME AND ORDER OF COMPLETION. It is the meaning and intent of this
contract, unless otherwise herein specifically provided, that the CONTRACTOR
shall prosecute his work at such times and seasons, in such order of preced-
ence, and in such manner as shall be most conducive to economy of construc-
tion; provided, however, that the order and the time of prosecution shall
be such that the work will be substantially completed as a whole and in part,
In accordance with this contract; the plans and specifications, and within
the time of completion designated In the Proposal; provided, also that when
the OWNER Is having other work done, either by contract or by his own force,
tha ENGINEER may direct the time and manner of constructing the work done
under hire contract, so that conflict will be avoided and the construction
of the various works being done for the OWNEn will be harmonized.
The CONTRACTOR shall submit, at such times as may reasonably be requested
by the NEGINEER, schedules which shall show the order in which the CONTRACTOR
proposes to carry on the work, With dates at which the CONTRACTOR will start
the several parts of the work, and estimated dates of completion of the
several parts.
Within seven (7) days after the end of such calendar month, the CONTRACTOR
shall report in writing to the ENGINEER any day claimed to be unsuitable for
working. Within seven (7) days thereafter, the ENGINEER shall agree or
disagree in writing as to whother the time claimed as not suitable for
working shall be so recognized and the ENGINEER'S decision shall be final
and binding,
4.02 EXTENSION OF TIME, Should the CONTRACTOR be delayed In the completion
of the work by any act or neglect of the OWNER or ENGINEER, or of any em-
ployees of either, or by other contractors employed by the OWNER, or by changes
ordered in the work, or by strikes, lockouts, fires, and unusual delays by
common carriers, or unavoidable cause or causes beyond the CONTRACTOR'S
control, or by any cause which the ENGINEER may decide justifies the delay,
then an extension of time shall be allowed for completing the work, sufficient
to compensate for the delay, the amount of the extension to be determined
by the ENGINEER; provided, however, that the CONTRACTOR shall give the
ENGINEER notice in writing of the cause of such delay within ten (10) days
from inception of such delay.
4.03 HINDRANCES AND DELAYS. No claims shall be made by the CONTRACTOR for
damages resulting from hindrances or delays from any cause (except where the
work Is stopped by order of the OWNER) during the progress of any portion of
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68
the work embraced in this contract. In case said work may be stopped by the act
of the OWNER, then such expense as In the judgment of the ENGINEER is caused
by such stoppage of said work shall be paid by the OWNER to the CONTRACTOR.
4.04 LISUIDATED DAMAGES. The CONTRACTOR agrees that time is of the essence
of this contract, and that for each day of delay beyond the number of days
heroin agreed upon for the completion of the work heroin specified and contracted
for (after due allowance of such extension of time as is provided for under
Extension of Time hereinabove), the OWNER may withhold permanently from the
CONTRACTOROS total compensation, the amount per day given in the following
schedule, not as a penalty, but as liquidated damages and for added expense
for engineering supervision, etc., in connection with the project:
Amount Amount of Liquidated
Of Contract Damages Per Day
$ 100,000 or less $100
1009001 to 500,000 150
500,001 to 1,0009000 200
I,0009001 to 210001000 300
Over 210009000 400
5. MEASUREMENT AND PAYMENT
• 5.01 QUANTITIES AND MEASUREMENTS. No extra or customary measurements of
any kind will be allowed, but the actual measur,-4d and/or computed length, area,
solid contents, number, and weight only shall 'oo considered, unless otherwise
specifically provided.
5.02 ESTIMATED QUANTITIES. This agreement, including the specifications,
plans and estimate, is intended to show clearly all work to be done and
material to be furnished hereunJor. Where the estimated quantities are shown
for the various classes of work to be done and material to be furnished under
this contract, they are approximate and are to be ue,d only as a basis for
estimating the probable cost of the work and for comparing the proposals
offered for the work. It is understood and agreed that the actual amount of
work to be done and material to be furnished under this contract may differ
somewhat from these estimates, and that where the basis for payment under this
contract is the unit price method, payment shall be for the actual amount of
such work done and the material furnished.
Where payment is based on the unit price method, the CONTRACTOR agrees that he
will make no claim for damagos, anticipated profits or otherwise on account of
any differences which may be found between the quantities of work actually done,
the material actually furnished under this contract and the estimated quantities
contemplated and contained in the proposal; provided, however, that in case the
actual quantity of any item should become as much as 25% more than, or 25% loss
than the estimated or contemplated quantity for such items, then either party
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68
to this Agreement, upon demand, shall be entitled to a revised consideration
upon the portion of the work above or below 25% of the eestim:ated quantity.
Any revised consideration Is to be determined by agreement het.ween the parties,
otherwise by the terms of this Agreement, as provided under "Extra Work".
5.03 PRICE OF WORK. In consideration of the furnishing of all the necessary
labor, equipment and material, and the cornpletiun of all work by tho CONTRACTOR,
and on the completion of all work and of the delivery of all m,iteral embraced
In this contract in full conformity with the sp,~clficatlons and stipulations
herein contained, tho OWNER agrees to pay the CONTRACTOR the prices set forth
in the Proposal hereto attached, which has been made a part of this contract.
The CONTRACTOR hereby agrees to receive such prices In full for furnishing all
material and all labor required for the aforesaid work, also for all expense
incurred by him, and for well and truly performing the same and the whole
thereof in the manner and according to this Agreement, the attached specifi-
cations and requirements of the ENGINEER.
5.04 PARTIAL PAYMENTS, On or before the 10th day of each month the ENGINEER
shall prepare a statement showing as completely as practicable the total
value of the work done by the CONTRACTOR up to and Including the last day
of the preceding month; said statement shall also include the value of all
sound materials delivered on the site of the work that are to be fabricated
Into the work.
The OWNER shall then pay the CONTRACTOR on or before the 15th day of the
current month the total amount of the F%INEER'S statement, less 10 per cent
of the amount thereof, which 10 per cent shall be retained until final payment,
and further less all previous payments and all further sums that may be
rctalned by the OWNER under the terms of this Agreement. It is understood,
however, that In case the whole work be near to completion and some un-
expected and unusual delay occurs due to no fault or neglect on the part of
the CONTRACTOR, the OWNER may - upon written recommendation of the ENGINEER -
pay a reasonable and equitable portion of the retained percentage to the
CONTRACTOR; or the CONTRACTOR, at the OWNFRIS option, may be relieved of
the obligation to fully complete the work and, thereupon, the CONTRACTOR
shall receive payment of the balance die him under the contract subject only
to the conditions stated unor "Final I'a%Aaent".
5.05 USE OF COMPLETED PORTIONS, The nWNFR shall have the right to take
possession of and use any completed or partially completed portions of the
work, notwithstanding the time for completing the entire work of such portions
may not have expired, but such taking possession and use shall not be doomed
an acceptance of any work not completed in accordance with the Contract Docu-
ments. If such prior use increases the cost of or delays the work, the CON.
TRACTOR shall be entitled to such extrir comp?nsation, or extension of time,
or both, as the ENGINEER may determine.
The CONTRACTOR shall notify the ENGINE'VR when the contract is "substantially
completed" and the ENGINEER shall forthwith advise the CONTRACTOR In writing
22
4-1-66
68
of any work undone which in the ENGINEER'S judgment should be done, if any,
in order to substantially complete the work. The "substantial completion"
of the structure or facility shall not excuse the CONTRACTOR from performing
all of the work undertaken, whether of a minor or major nature, and thereby
completing the structure or facility in accordance with the Contract Documents.
5.06 FINAL COMPLETION AND ACCEPTANCE. Within ten (16) days after the CON-
TRACTOR hat given the ENGINEER written notice that the work has been completed,
the ENGINEER and the OWNER shall Inspect the work and within said time, if the
work be found to be completed In accordance with the Contract Documents, the
ENGINEER shall Issue to the OWNER and the CONTRACTOR his Certificate of Comple-
tion, and thereupon It shall be the duty of the OWNER within ten (10) days to
issue a Certificate of Acceptance of the work to the CONTRACTOR, or to advise
the CONTRACTOR of reasons for non-acceptanco.
5.07 FINAL PAYMENT. Upon the Issuance of the Certificate of Completion, the
ENGINEER shall, proceed to make final measurements and prepare final statement
of the value of all work performed and materials furnished under the terms of
the Agreement and within 25 days shall certify same to the OWNER, who not
later than 35 days after the date of the Certificate of Completion shall pay
to the CONTRACTOR the balance due the CONTRACTOR under the terms of this
Agreement, provided he has fully performed his contractual obligations under
the terms of this contract; and sold payment shall become due in any event
upon said performance by the CONTRACTOR. Neither the Certificate of
Acceptance nor the final payment, nor any provision in the Contract Documents,
shall relieve the CONTRACTOR of the obligation f.,r fulfillment of any
warranty which may be required In the Special Conditions of the Specifications.
5.08 PAYMENTS WITHHELD. The OWNER may, on account of subsequently discovered
evidence, withhold or nullify the whole or part of the certificate to such
extent as may be necessary to protect himself from loss on account of:
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating
probable filing of claims.
(c) Failure of the CONTRACTOR to make payments properly
to sub-contractors or for material or labor.
(d) Damage to another contractor.
When the above grounds are removed, or the CONTRACTOR provides a Surety Bond
satisfactory to the OWNER, which will protect the OWNER in the amount with-
held, payment shall be made for amounts withhold be:ause of them.
5.09 DELAYED PAYMENTS. Should cht OWNER fail to make payment to the CON-
TRACTOR of the sum named in any partial or final statement, when payment Is
REV 2.
12 -1-67
due, or should the ENGINEER fall to Issue any statement on or before the date
above provided, then the OWNER shall pay to the CONTRACTOR, In addition to
the sum shown as due by such statement, Interest thereon at' the rate of six
(67) percent per annum, unless otherwise specified, from date due as provided
under "Partial Payments" and "Final Payments", until fully paid, which shall
fully liquidate any Injury to the CONTRACTOR growing out; of Such delay in
payrtient, but the right is expressly reserved to the CONTRACTOR In the event
payments be not promptly made, as provided uner "Partial Payments", at any
time thereafter to treat the contract as abandoned by the OWNER and recover
compensation, as provided under "Abandonment of Contract", unless such pay-
ments are withheld in accordance with the provisions of "Payments Withheld".
P3. CHANGES IN THE WORK AND CLAIMS
6.01 CHANGE ORDERS: Without Invalidating this Agreement, the OWNER may, at
any time or from time co time, order additions, deletions or revisions to the
work; such changes will be authorized by Change Order to be prepared by the
ENGINEER for execution by the OWNER and the CONTRACTOR. The Change Order
shall set forth the basis for any change In contract price, as here:1after set
forth for Extra Work, and any change In contrac, time whit.;% may result from
the change.
In the event the CONTRACTOR shall refuse to execute a Change Order which has
been prepared by the ENGINEER and executed by the OWNER, the OWNER may in
writing instruct the CONTRACTOR to proceed with the work as set forth in tye
Change Order and the CONTRACTOR may make claim against the OWNER for Extra
Work Involved therein, as hereinafter provided.
6.02 MINOR CIIANG£S: The ENGINEER may authorize minor changes In the work not
inconsistent with the overall Intent of the Contract Documents and not in-
volving an Increase In Contract Price. If the CONTRACTOR believes that any
minor change or alteration authorized yy the ENGINEER Involves Extra Work and
entitles him to an Increase In the Contract Price, the CONTRACTOR shall make
written request to the ENGINEER for a written Field Order. In such case, the
CONTRACTOR also shall advise In writing the OWNER of his request to the
ENGINEER for a written Field Order and that the work involved may result in
an increase in the Contract Price.
6.03 EXTRA WORK: It Is agreed that the basis of compensation to the CON.
TRACTOR for work either added or deleted by a Change Order or for which a
claim for extra Work Is made shall be determined by one or more of the follow.
ing methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) nor Method (B) be agreed upon
before the Extra Work Is commenced, then the CONTRACTOR
shall be paid the "actual field cyst" of tho work, plus
fifteen (15%) percent.
Rnv 24
12.1-67
In the event said Extra Work be performed and paid for under iiethod (C), then
the provisions of this paragraph shall apply and the "actual field cost" Is
hereby defined to Include the cost to the CONTRACTOR of all workmen, such as
foremen, timokeopers, mechanics and laborers, and materials, supplies, teams,
trucks, and rentals on machinery and equipment, for the time actually employed
or used on such Extra Work, plus actual transportation charges necessarily
Incurred, together with all power, fuel, lubricants, water and similar
operating expenses, also all necessary Incidental expenses incurred directly
on account of such Extra Work, including Sueial Security, Old Age Benefits,
and other payroll taxes, and a rateable proportion of premiums on Performance
and Payment Bonds, and Maintenance Bonds, and on Public Liability and Property
Damage, and Workmen's Compensation, and all other insurance as may be required
by any law or ordinances or directed In writing by the ENGINEER, The ENGINEER
may direct the form in which accounts of the "actual field cost" shall be kept
and the records of these accounts shall be made available to the ENGINEER.
The ENGINEER shall also specify in writing, before the work commences, the
method of doing the work and the typo and kind of machinery and equipment to
be used. Unless otherwise agreed upon, the prices for the use of machinery
and equipment shall be determined by using 100 percent, unless otherwise
specified, of the schedule, current at the time of such use, of Equipment
Ownership Expense adopted by the Associated General Contractors of America.
Where practicable the terms and prices for the use of machinery and equipment
shall be Incorporated in the written Change Order. The fifteen (15%)
percent of the "actual field cost" to be paid the CONTRACTOR shall cover and
compensate him for his profit, overhead, general superintendence and field
office expense, and all other elements of cost and expense not embraced within
the "actual field cost" as herein defineds save that where the CONTRACTOR'S
Camp or Field Office must be maintained solely on account of such Extra Work;
then the cost to maintain and operate the same shall be included In the
"actual field cost".
No claim for Extra Work of any kind will be allowed unless ordered In writing
by the ENGINEER. In case any orders or instructions, elther oral or written,
appear to the CONTRACTOR to involve Extra Work for which he should receive
compensation or an adjustment In the construction time, he shall make written
request to the ENGINEER for written order authorizing such Extra Work and he
shall advise the OWNER of his request to the ENU NF.ER. Should a difference of
opinion arise as to what does or does not constitute Extra Work, or as to the
payment therefor, and the ENGINEER Insists upon its performance, the CONTRACTOR
shall proceed with the work after making written request for written order and
shall keep an accurate account of the "actual field cost" thereof, as provided
under i4ethod (C). The CONrRACTO? will thereby preserve the right to r.ubmtt the
matter of payment to arbitrations os hereinbelow provided,
6,04 TIME OF FILING CLAIMS. It is further agreed by both parties heroto that
all questions of dispute or adjustment presented by the CONTRACTOR shall be in
writing and filed with the ENGINEER within fifteen (15) days after the ENGINEER
has given any directions, order or instruction to which the CONTRACTOR desires
to take exception. The ENGINEER shall, within fifteen (15) days, reply to
such written exceptions by the CONTRACTOR and render his final decision in
Rev
12-1.67 25
writing. In case tht CONTRACTOR should appeal from the ENGINEER'S decision,
any deman for arbitration shall be filed with the ENGINEER and the OWNER in
writing within ten (10) days after the date of delivery to CONTRACTOR of the
EPNiNE£R'S final decision. It Is further agreed that final acceptance of the
work by the OWNER and the acceptance by the CONTRACTOR of the final payment
shall be a bar to any claims by either pa ty, except where tioLed otherwise in
tho Contract Documents.
6.05 ARBITRATION. All questions of dispute under this Agrcc,ment shall be sub-
mitted to arbitration at the request of either party to the clisputo, The
parties may agree upon one arbiter; otherwise, there shall lie three, one named
in writing by each party, and the third chosen by the two arbiters so selected;
or if the arbiters fall to select a third within ten (10) days, he shall be
chosen by a District Judge serving the County in which the ma}or portion of
the project Is located, unless otherwise specified. Should the party demanding
arbitration fall to name an arbiter within ten (10) days of the demand, his
rights to arbitrate shall lapse, and the decision of the ENGINEER shall be
final and binding on him. Should the other party fail to choose ar. arbiter
within ten (10) days, the NEGINEER shall appoint such arbiter. Should either
party refuse or neglect to supply the arbiters with any papers or information
demanded in writing, the arbiters are empowered by both parties to take ex
parte proceeding.
The arbiters shall act with promptness. The decision of any two shall be
binding on moth parties to the contract. The decision of the arbiters upon
any question submitted to arbitration under this contrdct shall be a condition
precedent to any right of legal action. Tne decision of the arbiter or
arbiters may be filed In court to carry it into effect.
7. ABANDONMENT OR CONTRACT
7.01 ABANDONMENT BY CONTRACTOR. In case the CONTRACTOR should abandon and
fail or refuse to resume work within ten (10) days after written notification
from the OWNER, or the ENGINEER, or If the CONTRACTOR fails to comply with the
orders of the ENGINEER, when such orders are consistent with the Contract
Documents, then, and in that case, where performance and payment bonds exist,
the Surety on the bonds shall be notified in writing and directed to complete
the work, and a copy of said notice shall be delivered to the CONTRACTOR.
Atter receiving said notice of abandonment, the CONTRACTOR shall not remove
from the work any machinery, equipment, tools, materials, or supplies then
on the job, but the same, together with any materials and equipment under
contract for the work, may be held for use on the work by the OWNER or the
Surety on the performance and pa~,ment bonds, or another contractor in com-
pletion of the work; and the CONTRACTOR shall not receive any rental or credit
therefor (except when lived in connection with Extra 'Fork, Vnere credit shall
be allowed as provided for under Section 69 Changes In the Work and Claims), it
being understood that the use of such equipment and materials will ultimately
reduce the cost to complete the work and be reflected in the final settlement.
Rev
12-1-67 26
Where there is no performance bond provided or in case the Surety should fail
to commence compliance with the notice for completion hereinbefore provided
for, within ten (10) days after service of such notice, then the OWNER may
provide for completion of the work in either of the following elective manners:
7.011. The OWNER may thereupon employ such force of men and use such ma-
chinery, equipment, tools, materials, and supplies as said OWNER may deem
necessary to complete the work and charge the expense of such labor, machinery,
equipment, tools, materials, and supplies to said CONTRACTOR, and expense so
charged shall be deducted and paid by the OWNF,R out of such moneys as may be
due, or that may thereafter at any time become due to the CONTRACTOR under
and by virtue of this Agreement. In case such expense is less than the sum
which would have been payable under this contract, if the same had been com-
pleted by the CONTRACTOR, then said CONTRACTOR shall receive the difference.
In case such expense is greater than the sum which would have been payable
under this contract, if the same had been completed by said CONTRACTOR, then
the CONTRACTOR and/or his Surety shall pay the amount of such excess to the
OWNER; or
7.012. The OWNER, under sealed bids, after five (5) days notice published one
or more times in a newspaper having general circulation in the county of the
location of the work, may let the contract for the completion of the work under
substantially the same terms and conditions which are provided in this con-
tract. In case of any increase in cost to the OWNER under the new contract
as compared to what would have been the cost under this contract, such in-
crease shall be charged to the CONTRACTOR and the Surety shall be and remain
bound therefor. However, should the cost to complete any such new contract
prove to be less than what would have been the cost to complete under this
contract, the CONTRACTOR and/or his Surety shall be credited with the difference.
When the work shall have been substantially completed, the CONTRACTOR and his
Surety shall be so notified and Certificates of Completion and Acceptance, as
provided in Paragraph 5.06 hereinabove, shall be issued. A complete itemized
statement of the contract amounts, certified to by the ENGINEER as being
correct, shall then be prepared and delivered to the CONTRACTOR and his Surety,
whereupon the CONTRACTOR and/or his Surety, or the OWNER as the case may be,
shall pay the balance due as reflected by said statement, within fifteen
(15) days after the date of such Certificate of Completion.
In the event the stacement of accounts shows that the cost to complete the
work is less than that which would have been the cost to the OWNER had the
work been completed by the CONTRACTOR under the terms of this contract; or
when the CONTRACTOR and/or his Surety shall pay the balance shown to be due by
them to the OWNER, then all machinery, equipment, tools, materials, or supplies
left on the site of the work shall be turned over to the CONTRACTOR and/or his
Surety. Should the cost to complete the work exceed the contract price, and
the CONTRACTOR and/or his Surety fail to pay the amount due the OWNER within the
time designated hereinabove, and there remains any machinery, equipment, tools,
materials, or supplies on the site of the work, notice thereof, together with
an itemized list of such equipment and materials, shall be mailed to the
27
Rev.
12-1-67
CONIR;XTOR and his Surety at the respective addresses designated in this
contract; provided, however, that actual written notice given In any manner
will satisfy this condition. After mailing, or other giving, of such notice,
such property shall be held at the risk of the CONTRACTOR and his Surety
subject only to the duty of the Owner to exercise ordinary care- to protect such
property. After fifteen (15) days from the date of said notice, the OWNER
may sell such machinery, equipment, tools, materials, or supplies and apply
the net sum derived from such sale to the credit of the CONTRACTOR and his
Surety. Such sale may be made at either public or private sale, with or with-
out notice, as the OWNER may elect. The OWNER shall release any machinery,
equipment, tools, materials, or supplies, which remain on the work and belong
to persons other than the CONTRACTOR or his Surety, to their proper owners.
The books on all operations provided herein shall be open to the CONTRACTOR
and his Surety.
7.02 ABANDONMENT BY OWNER. In case the OWNER shall fail to comply with the
terms of this contract, and should fail or refuse to comply with said terms
within ten (10) days after written notification by the CONTRACTOR, then the
CONTRACTOR may suspend or wholly abandon the work, and may remove therefrom
all machinery, tools and equipment, and all materials on the site of the work
that have not been included In payments to the CONTRACTOR and have not been
wrought Into the work. And thereupon, the ENGINEER shall make an estimate of
the total amount earned by the CONTRACTOR, which estimate shall include the
value of all work actually completed by said CONTRACTOR (at the prices stated
in the attached proposal where unit prices are used), the value of all
partially completed work at a fair and equitable price, and the amount of
all Extra Work performed at the prices agreed upon, or provided for by the
terms of his contract, and a reasonable sum to cover the cost of any pro-
visions made by the CONTRACTOR to carry the whole work to completion and
which cannot be utilized. The ENGINEER shall then make final statement of
the balance due the CONTRACTOR by deducting from the above estimate all pre-
vious payments by the OWNER, and all other sums that may be retained by the
OWNER under the terms of this Agreement, and shall certify same to the OWNER,
who shall pay to the CONTRACTOR, on or before thirty (30) days after the date
of the notification by the CONTRACTOR, the balance shown by said final state-
ment as due the CONTRACTOR under the terms of this Agreement,
END - GENERAL CONDITIONS
Rev
12-1-67 28
DENTON, TEXAS
WATER SYSTEM IMPROVEMENTS
DETAIL SPECIFICATIONS
?,Q0O,000 GALLON STEEL GROUND STORAGE TANY.
1. Scope
The work to be done comprises the furnishing of all materials, labor,
tools, appliances, equipment and appurtenances necessary to the erection,
construction and completion of a 2,000,000 gallon welded steel water storage
tank. The tank shall have an inside diameter of 1501-6" and water depth of
151-0", with six (6") inches freeboard above the overflow. The work includes
Plates, inside and outside ladders, overflow, inlet and outlet connections,
drain, inspection manholes, air vent, target water level indicator, etc., a
complete "Turn-key" Sob for a lump sum of money as bid in the Proposal. Con-
crete ringwall foundation, with gravel and sand cushion, will be constructed
by others under another contract.
2. Bidder's Knowledge of Conditions
Prior to submission of a Proposal, the bidders shall have made a thorough
examination of the site of the work and of the plans and specifications, and
shall become informed as to the location and nature of the proposed construc-
tion, labor conditions, and all other matters that affect the cost -ind time
of completion of the work upon which he bids.
3. Foundation by Owner
The Owner will construct the foundation for the tank under a separate
contract. The foundation will consist of a gravel base with a sand cushion,
inside a concrete ringwaii. Details of the foundation are shown on the Plans.
The Tank Contractor will be required to furnish and install the 36" steel
base elbows at inlet and outlet of the tank, as detailed on the Plans. Con-
necting piping, including Dresser couplings will be by foundation contractor.
4. Design
The reservoir shall be designed in strict accordance with all applicable
requirements of the "Standard Specifications for Elevated Steel Slater Tanks,
Stacdpipes, and Reservoirs," in its latest amended form, as joi
by the American Water Works Association (DiOO) and the AmericannWeldingpSociety
(D5.2) except as herein stipulated.
Joints shall be welded except bolts may be used for minor attachments.
Threads shall be burred outside the nuts to prevent easy removal of the nuts.
29
The underneath surface of the bottom plates shall be coated as specified
herein. The bottom plates shall then be laid on the foundation with asbestos
strips (6" wide) covering the joints.
The tank shall be constructed with lap welded bottom (top side only) coned
up to center with a slope of 1 inch per 10 feet; shell plates shall be butt
welded with rim angle, butt welded along top of shell; and roof shall be lap
welded and conical with slope of three-quarter (3/4") inch per foot. Conical
roof shall be supported by a suitable framework of structural steel designed
to allow for standard snow loading.
No provisions shall be made in the design for earthquake resistance, but
provisions shall be made in the design for wind and snow loads on basis de-
scribed below. No allowance Shall be made for corrosion, either interior or
exterior; however, the minimum thickness of the plates shall be one-quarter
(1/4") inch for those in contact with water and the minimum thickness of plates
not in contact with water shall be three-sixteenths (3/16") inch.
The following loads shall be considered in the design of the reservoir:
a, Dead Load: Dead load shall be the estimated weight of all permanent
construct o~ a-R-fittings. The unit weight of steel shall be considered as
490 lbs. per cubic foot.
b. Live Load: Live load shall be the weight of all of the liquid when
the tank is filled to overflowing.
c. Wind Load: Wind load, or pressure, shall be assumed to be thirty (30)
pounds on vertical or plane surfaces, ei hteen (16) pounds on projected areas
of cylindrical surfaces, and fifteen (15~ pounds per square foot on projected
areas of conical and double curved plate surfaces.
d, Snow Load: Snow load shall be twenty-five (25) pounds per square foot
of the hor zi ontaT projection of the tank surfaces having a slope of less than
thirty (30°) degrees with the horizontal. For surfaces with greater slope,
the snowloads shali be neglected.
The structure shall be designed to withstand safely the above loads and
forces acting in combination.
5. Adequacy of Design
As Bidders are submitting proposals on tanks of their own design, Paragraph
3.03 of the General Conditions of Agreement will not be applicable to this
contract. The Contractor shall be repsonsible for the adequacy of design.
6. Shop and Erection Drawings
The Contractor shall submit to the Engineer four (4) copies of all shop
and erection drawings, which drawings shall be in sufficient detail to reflect
30
an accurate and complete description of the entire reservoir and its accessories.
These drawings will be approved, corrected, or rejected by the Engineer with
reasonable promptness. In case the drawings are rejected, Contractor shall
re-submit other drawings with the required corrections. Approval by the
Engineer of shop or erection drawing, or other data sheets will not relieve
the Contractor from furnishing materials and equipment of proper dimensions,
character, quantity, and quality, in accordance with the Contract Documents.
7. Materials
All materials used in the fabrication and erection of the tank shall con-
form in all respects to Section 2 of the A.W.W.A. Specifications D100, unless
otherwise specified herein. Materials shall be of high grade and quality
throughout. Steel plates which show evidence of lamination, blisters, or
other harmful imperfections will not be acceptable.
Materials shall be mill inspected at the Contractor's expense and two (2)
copies of the mill test reports shall be furnished the Owner. Only domestic
steel shall be used in this project.
8. Fabrication and Erecting
Welding, riveting, shop fabrication, and erection shall conform to the
applicable paragraphs of A.W.W.A. Spc:^ifications D100, except as modified by
these specifications.
All welding shall conform strictly to Section 8 of the A.W.W.A. Specifi-
cation D100 (American Welding Society Specification 05.2)
Shop fabrication shall conform strictly to Section 9 of A.W.W.A. Specifi-
cation D100.
Erection shall be in accordance with Section 10 of the A.W.W.A. Specifi-
cation D100.
9. Appurtenances
a. General: The reservoir shall be complete with the accessories as
describeTbeTow`. Moderate variations to allow the use of the Contractor's
standard designs will be considered provided that the features are similar
and the construction is equal or superior to that shown or specified. All
piping shall have a minimum wall thickness of one-quarter (1/4") inch and
all surfaces to be buried shall be painted as required for the underneath
side of the tank bottom. All flanges shall be ASA 0125 standard. Appurte-
nances shall conform to Section 6 of A.W.W.A. Specifications D100.
b. Ladders: The tank shall be provided with suitable inside and outside
ladders. Ladders shall conform with Paragarph 6.4 of the A.W.W.A. Specifica-
tions. The handrail of the outside ladder shall extend at least thirty (3011)
. 31
inches above the tank roof and shall make a 180-degree bend and connect to
the roof,
c. Inlet and Outlet Connections: The inlet and outlet pipes shall be
thirty six 36' ncF- nsTde d_fameter steel 90-degree base elbows, installed
in concrete vaults under the tank, attached to the tank bottom by approved
means, and blocked with concrete.
d. Drain: The tank drain shall be 12-inch steel pipe, terminating with
a 12-incF, T75# flange, as detailed on the Plans. Dackfill beneath the tank
shall be with lean concrete.
e. Overflow: The overflow shall be twelve (12") inches in diameter, and
shall extend through the tank wall near the floor of the tank. The discharge
end shall be covered with an insect screen and flap valve. The flap valve
shall be Eddy No. E-3012 as manufactured by Iowa Valve Co., or approved equal.
The overflow shall be complete with a weir inlet at the top (minimum weir
length of 16 feet),
f. Vent: At least one (1) vent shall be provided with a minimum diameter
of four T4TT feet. Vent shall be complete with insect screen.
g. Roof Manhole: The Contractor shall furnish a roof door or hatch which
shall be placed near the outside and inside tank ladders. The hatch shall
have a minimum opening dimension or diameter of twenty-four (24") inches.
The hatch shall comply with all the A.W.W.A. requirements and shall have a
hasp for locking.
h. Shell Manhole: The Contractor shall furnish one (1) shell manhole.
Manholes all conform to A.W.W.A. requirements.
i. Water Level Indicator: A suitable water level indicator with a target
shall be insta e A sca a shall be painted on the tank or otherwise provided.
10. Protective Coatino
a. All surfaces shall be suitably cleaned before applying coatings. All
mill scale, rust, and other foreign matter shall be removed by sand blasting
or pickling as specified below. The outside surfaces of the tank shall be
pickeled or sand blasted and shop primed with one coat of rust penetrating
primer. All interior surfaces shall be cleaned in the field after erection
by sand blasting to near white metal, and shall receive a vinyl system. The
exterior surfaces of the tank shall be given three 3) field coats of metal
protective paint. - -
b. Field Preparation of Surfaces: All of the interior metal surfaces
shall be c Bane to near while metaTTy sandblasting: SSPC SP-10-63T, using
16 to 35 mesh sand. Due precaution shall be taken during sandblasting oper-
ations to prevent gouging and channeling of the metal caused by excessive
localized sandblasting. Any surface that is sandblasted shall be thoroughly
cleaned of sand and dust, the leaks repaired, and the surface coated the same
day it is sandblasted.
. 32
i
All sand used in sandblasting operations, sediment in the tank, rust,
paint and scale accumulating from cleaning operations, cnd all other material
in the tank, shall be removed from the tank by the Contractor. All sand-
blasted surfaces shall be swept clean before priming, and all primed surfaces
swept clean again after all blasting is completed. In the event that sand-
blasted surfaces are not coated immediately after cleaning and rust reforms
on sandblasted surfaces, such rusty surface shall be re-cleaned by sandblasting
again immediately before coating.
c. Shop P_r_e_paration of Surfaces: Unless otherwise approved by the Engineer
in writing, all exterioor -meta surfaces shall be shop cleaned by either pickling
or blasting as described below. Heavy deposits of oil, grease, etc., shall
be removed as required before picling or blasting. Prime and finish coats
shall be as specified and are the same for either cleaning method.
(1) Pickling: All steel shall be pickled in , suitable solution of
hot sulphuric, hydrochloric, or phosphoric acid for the time required to re-
move all mill scale, rust, and scale. The solution shall contain an inhibitor
to prevent base metal attack. After draining momentarily, all steel shall be
thoroughly rinsed with water. Following water rinsing, the steel shall be
immersed in hot dilute phosphoric acid to further neutralize the surface and
to provide a rust inhibitive iron phosphate paint base. The primer shall be
applied while the steel is still warm except for the case of large assemblies
where the separate parts must be pickled before assembling.
(2) Blastin : All exterior steel suri`aces shall be grit blasted to
remove all mill scale, rust, and scale. To insure cleaning, the metal surfaces
shall be blasted to a gray metal finish and the maximum particle size shall be
no larger than that passing a 16-inch screen. The blasted surface shall be
primed immediately after cleaning and be free of dust, oil or moisture at
the time of painting.
d. Coatings:
(1) General: Coatings on this project shall be "best" quality paint
as manufactureF-
byDuPont, En,)ay Chemical Co., or approved equal, and shall
conform to the specifications as set forth below. The Contractor shall sub-
mit manufacturer's specifications to the Engineer for approval prior to
purchase of coating materials.
Coatings shall be delivered on this job in original containers
.Marked with the name of the manufacturer and the specification number. The
coating shall not show excessive settling in a freshly opened full can and
shall be easily redispersed with a paddle to a smooth, homogeneous state.
It shall show no curdling, livering, caking, or color separation and shall
be free from lumps and skins.
(2) Rust Penetration Primer: This primer shall be the best grade
primer recommen e y e n coating manufacturer for use under the metal
33
protective paint. Primer and finish coats must be the product of one manu-
facturer.
(3) Enamel Paint: Paint for exterior surfaces shall be DuPont
DULUX, Sky B ue No. -5028, to match existing reservoirs. The color shall
be factory mixed and all paint for this project shall be from the same mixed
batch. Ladder and background for water level indicator shall be Sherwin-
Williams International Orange No. F6542. Numbers shalt be white.
of color(a4)ndKLnyl
u6 a pecifiedthefor rein,lasnmanufacturedcby Enjay Chemical CVinyl
om-
pany, or approved equal. In the event the Contractor wishes to substitute
the products of another manufacturer, then he shall apply to the Engineer in
writing requesting permission for the substitution, and shall furnish with
his request complete descriptive materials on the product he proposes to
use.
e. Coating Work:
(1) General: All coating and finishing materials shall be applied by
skilled workmen an shall be brushed or sprayed in even thorough coats with-
out runs, crazing, sags or other blemishes. All coats, regardless of material,
shall be thoroughly dry before applying succeeding coats. Full drying times
as recommended by the manufacturer of the particular coating involved shall
• be allowed between coats. All products shall be applied in strict accordance
with the manufacturer's recommendation.
The Contractor shall provide a suitable mechanical agitator and
shall agitate all coating until proper dispersion of materials is secu,,ed.
All ingredients shall be in a satisfactorily dispersed condition at the time
of application.
Coatings shall not be applied when the air temperature is below
40 degrees Fahrenheit or when the air is misty, dusty, or when such conditions
are likely to exist before the coating has sufficiently dried. Coatings shall
not be applied to damp or frosty surfaces.
Metal cleaned on any day shall be coated with primer the same
day. If rust forms on any surface, the surface shall be recleaned before the
application of the first coat.
Interi surfa mated roll or
spraying. Exteriorrsurfacessshallbbeccoatedwbyhbrushhor,rollerronly.by
(a) Brush Application: Only top quality hog hair or synthetic
bristle brushes shall e used. All coatings shall be applied so as to form
a uniform film of a thickness which is consistent with the specified coverage
for the material being used. Sufficient cross brushing shall be used to insure
filling of all surface irregularities and complete coverage. Particular care
34
shall be used in coating corners and other restricted places to obtain uniform
application. All final brushing stokes shall be made in the same direction
and toward the previously applied coating.
(b) Spray A lication: When coating is applied by spraying, the
air gun used shall be adjustaYle for regulation of the air and coating mixture.
The equipment shall have a suitable water trap to remove moisture to keep the
coating well mixed. All equipment shall be thoroughly cleaned at the end of
each day's work. The pressure shall be suitable for type of material used.
Frequent checks shall be made to insure maintenance of correct spreading
rate, and to see that edges, corners, and bolt heads are completely covered
and that there has been no film bridging over.
(c) Roller Application: Rollers used for applying coating shall
be of the highest quaMy and must be kept as clean as possible at all times.
Any coating rolled on must form a uniform film and must give the same end
results as a brushed on coat. Rolling shall be supplemented by brushing in
areas where rolling could not give complete coverage, such as corners, edges,
etc.
(2) Coating Exterior Surfaces: A summary of rejuirements for coating
of all exterior tank surfaces is as oliows:
a. Clean off all rust, loose primer and other foreign
matter.
b. Spot prime all weld seams and areas where shop primer
has been damaged with rust preventive primer as specified
above.
c. Coat the entire outer surface of the tank with three (3)
coats of blue metal protective enamel coating.
(3) Coating Interior Surfaces: The entire inside area of the tank,
including the underside o the roof and inside of riser, shall be coated with
vinyl as specified herein. The vinyl lining shall be applied in a minimum of
four coats as follows:
Approximate Dry Film
Thickness, Mils
ist Coat: En,jay Rust Ban VY 6521 Red Primer 1
2nd Coat: En,jay Rust Ban VY 6527 Gra} Body Coat 2-3
3rd Coat: En,jay Rust Ban VY 6501 Oxide Red Finish 1
4th Coat: En,jay Rust Ban VY 6500 White Finish i
35
Storage, mixing, straining, thinning, and application of paint
shall be in accordance with manufacturer's recommendations.
After four coats have been applied, the paint film thickness
will be checked by the Engineer. The total final dry film thickness shall
not be less than 5.0 mils (Thousandths of an inch) as measured by an
elcometer or equivalent. If 5.0 mils are not obtained in four coats, ad-
ditional finish coats shall be added until a minimum of 5.0 mils is obtained.
A stripe coat of vinyl primer 6521 shall be applied on all edges, welds, and
crevices before the first prime coat is applied.
The Engineer will also check the entire coated surface with a
tinker and razor K-1 Holiday Detector, or approved equal. Areas containing
holidays shall receive additional finish coats until holiday-free.
At least one week shall be allowed for drying time for finished
vinyl system before placing tank in service.
(4) Safety Precautions: Workmen applying coating to the interior
surfaces shall wear protective masks and all necessary precautions shall be
taken to avoid prolonged exposure to fumes. Fire precautions shall be taken
for the vinyl paint system.
11. Testing Tank for Leaks: Upon completion of the tank and prior to the
Owners acceptance, the an shall be filled with water to the maximum level
(overflow). Any leaks which are disclgsed during the test shall be repaived.
Testing and repair work shall be in accordance with A.W.W.A. Specification
D100.
The Owner will furnish water for testing at no expense to the Contractor.
Water shall be supplied and drained through connections to the tank made by
the Foundation Contractor.
12. Tank Sterilization : After the specified drying time has passed, the tanks
shall be swept clean and washed down with water. The Owner will furnish the
water. Chlorine shall then be injected as the tank is being filled. Suf-
ficient chlorine shall be applied so that when the tank is completely full,
the water will contain chlorine in the amount of 50 ppm or more. Spray
disinfection, as specified in Bulletin 21 of the New York State Department
of Health, may be used as an alternate to the above method, After sterili-
zation by either method, the Owner will fill the tank with potable water
and test samples for bacteria presence. If not properly sterilized, the
process shall be repeated,
13. Clean Ue: Upon completion of the project, the premises shall be cleaned
up and left in a neat, presentable condition. All coating splattered on
fences, foundations or other surfaces shall be satisfactorily removed.
36
i
14, Payment: Payment will be made at the lump sum bid. The City will pay
ninety9 j percent of the bid price upon completion of the tank according
to Plans and Specifications. Final payment of the remaining ten (10%) per-
cent will be made after the piping connections are made and the tank is filled
with water and tested. In the event piping connections are not made within
three (3) months after completion of erection, final payment will be made at
the end of the three (3) months.
END OF DETAIL SPECIFICATIONS
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