HomeMy WebLinkAbout1973 Y {
f ~
rr
73
~f5
I~ .r n NR~~ i, ,k w c r wa 7 y. 'aw.R';d 'r~E .Aiy si' d
7 1,
( i` P' C f gd,'~ a 'R 1 .f' n p 1. d u. .y
7 f I
6 , f«w
1 TET^.a
UTILITY DEPAR
RYNEi~T
a
'I
'Pt Ms ' 0EC'IFICATION AhiO C( !Tl~ACT DOCL#4ENTS
r ;
FhtGt
SEWAGE TREAt?tENT J'i.Attr° OITE
CONTRACT 73-8696
OCTOBER 1973
c r
1 v
. in i 11 V I 4 y
1 . a hp f^y, 1 A 1 r
a e
r
b' ILI\
R
i
FREESE AND NINOLS ; r f r1
Consulting En 1n
«
A 7 ~ f l ~ y ~ 1 i ~ 1 h ~ d ~ U ~ I
~ Y• y,. ~yy, ) ( r4\Ql r . y~
y1~ / yYry~f 1 WAR/ Yq §gL~aj
~'Xy .1~,~~` -f il•F{A Ay ' F%^'I Ar~~ !li l .b~ F My Y ~r1~' urf NYnY .Ilr 'i ~.rr +r~ ~'1 ~Iu ',3 rP. .1~.
1A
"
r
t
DENTON, TEXAS
UTILITY DEPARTMENT
PLANS, SPECIFICATIONS, AND CONTRACT DOCUMENTS
FOR
FENCING SEWAGE TREATMENT PLANT SITE
CONTRACT 73-8096
OCTOBER 1973
FREESE' AND NICHOLS
Consulting Engineers
.
TABLE OF CONTENTS
Page
NOTICE TO BIDDERS a
INSTRUCTIONS TO BIDDERS b
PROPOSAL d
MINIMUM WAGE SCALE f
CONTRACT AGREEMENT i
PERFORMANCE BOND 3
PAYMENT BOND 5
GENERAL CONDITIONS OF AGREEMENT 7
DETAIL SPECIFICATIONS
A. Scope 27
B, Fabric 27
C. Rails and Posts 27
D. Gates 27
E. Erection
F. Salvaged Materials 28 28
G, Payment 29
I
% Y ~ X11 l~N y I F', , °il'- r ..y e a y
"
y . p t~ T . 3 S-.
i
DENTON, TEXAS
FFNCING SEWAGE TREATMENT PLANT SITE
CONTRACT 73-8096
ADDENDUM NO. 1
Bids to be Opened: 2:00 P,M.9 December 6s 1973
1. HIOTumns, if used for fine posts. sheii weigh
oounas per linear foot. .1
Y a r. S k
Chap 116k febhfo shall be installed on' the (sewage treatment plant side Inside
struction easement will
use in be Provided eby the Owner for
r 9 9 the existing fence.
fdders`Shaflaackn
in the owledge receipt of this Addendum in
~'roposat. the space
" Provided
FREESE j,.NO pjCVLS
'Consulting Engfneers
Oecembet- 3, l9%3
.
\F
t
f
i
wool
7 M
NOTICE TO BIDDERS
i,
Sealed proposals addressed to James W. White, City Manager of the City of
Denton, Texas, will be received at the office of the City Manager in the
Municipal Building until 2:00 P.M., December 6, 1973 for the
following items
CONTRACT 73-8096
FENCIND SEWAGE TREATMENT PLANT SITE
At this time and place s;ae proposals will be publicly opened and read aloud.
Any bid received after closing time will be returned unopened.
Copies of plans, specifications, and Contract Documents are on file and
may be examined without charge in the office of the Director of Utilities.
Copies may be procured without charge from Freese and Nichols, Consulting
Engineers, 811 Lamar Street, Fart Worth, Texas.
A cashier's check, certified check or acceptable bidder's bond payable to
the City of Denton, Texas, in an amount not less than five (5%1 'percent
of the bid submitted, must accompany each bid as a guarantee that, if
awarded the contract, the Bidder will, within ten (10) days of award of
the contract, enter into a contract and execute bonds on the forms provided
in the Contract Documents$
Attention is called to the fact that not less than the prevailing wage rates,
as established by the City of Denton, Texas, and as hereinafter set forth
in the contract Documents hereinbefore described and which are made a part
hereof, must be paid on this project.
Performance and Payment Bonds shall be furnished as set forth in the
Instructions to Bidders.
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 bidso and waive formalities,
No bid may be withdrawn within thirty (30) days after date on which bids
are opened.
CITY OF DENTON, TEXAS
James W, White
City Manager
a
t
INSTRUCTIONS TO BIDDERS
1. PROPOSAL FORM: Bidders shall use the proposal form included in the
documents. Prop so al forms are to be left attached to documents in same
manner as received by Bidders. Supplemental data to be furnished shall
be included in same sealed envelope with Proposal.
2. DELIVERY OF PROPOSAL: It shall be the Bidder's responsibility for
the cTe ery o}WF proposal at the proper place by the time stated in
the Notice to Bidders. The mere fact that a proposal was dispatched will
not he considered. Each proposal shall be in a sealed envelope plainly
marked with the word "PROPOSAL" and the name or description of the pro-
Ject as shown on the front cover of the Contract Documents.
3. 8ID SECURITY: Each bid must be accompanied by a certified or cashier's
chec orpproved Bidder's bond made payable to the Owner in an amount
of five (5%) percent of the largest possiblA total of the bid as a guarantee
that, if awarded the contract, he Bidder will enter into a contract and
execute all necessary bonds.
4. PE FORM'1 CE AND PAYME T BONDS: Performance and payment bonds in t~,a
o nr,~ e
amoun ss tan one un red percent (100%) of the contract price
conditioned upon the faithful performance of the contract, and upon payment
of all persons supplying labor or furnishing material, will be required upon
the forms which are a part of the Contract Documents. Bonds shall be exe-
c,lted by a surety company acceptable to and approved by the Owner, authorized
to do business in the State of Texas, and acceptable for underwriting of
risks as indicated by the latest revision, Treasury Department Circular 570,
listing comparies holding certificates of authority from the Secret
the Treasury)-he acceptable sureties on federal bonds.
Perform, anc@ d shall be exter,4ed one year From the dateeofeacce ary of
tanace
of all wor._ under the Contract, to cover the guarantee as set forth
in the Special Conditions.
5 BIDDER'S KNOWLEDGE OF CONDITIONS: Prior to submission of a proposal,
bidders s a a`T v ache a t oroug nspection of the site of the work and
a thorough examination of the plans andsppecifications, and shall become
informed as to the nature of the work, labor conditions, and all other
scatters that may affect the cost and time of completion of the work.
b. INTERPRETATION OF DOCUMENTS: If any person contemplating submitting
a biT'N t e propose contrac is in doubt as to the meaning of any part
of plans, specifications, or other proposed Contract Documents, he may
subr,.it to the Engineer a written request for an interpretation thereof
prior to 48 hours of the time for opening of bids. The person submitting
the request will be responsible for its prompt delivery, Any Interpreta-
tion of these documents will be made only by ;.ddendum dui
copy of such addendum will be mailed or delivered to eachy ssued and a
person receiving
b
7 77"7'7
V
a set of such documents. The Owner wili not be responsible for any other
explanations or interpretations.
7. AWARD OF CONTRACT: The Owner reserves the right to award the contract
baseots decision decision as to the best bid submitted. The Owner also, reserves
the right to reject any or all bids, Unreasonable or unbalanced unit prices
will be cause for rejection of any bid.
END OF INSTRUCTIONS TO BIDDERS
I
c
PROPOSAL
Denton, Texas
December 6 1973
PROPOSAL OF Carlos J. Valdez
a corporation organized and existing under the laws of the State of
a partnership consisting of y
an individual trading as Denton Fence Company
TO: Mr. Janes W, White
City Manager
City of Denton, Texas
Pursuant to your "Notice to Bidders', the undersigned hereby proposes to do
all the work and furnish all necessary superintendence, labor, machineryy,
equipment, tools, and materials, and to complete all the work upon which he
bids, as provided by the attached specifications, and binds himself on accept-
ance of his ;Iroposal to execute a contract and bonds, according to the ac-
companying forms, for performing and completingg the said work within the
time stated, and maintaining same as required by the detailed specifications
for the following price, to-wit:
Item Description Estimated Unit Amount
No. antit _ Price
10 Furnish and install 71-4" Overall
Height Chain Link Fence, topped
with barbed wire, around Sewage
Treatment Plant Site, complete
in place 31760 L.F. S 3.50 ~ 13,160.00
2. 201-0" Double Gate, complete
in place 1 Ea. $175-00 $1 75.00
3. 281-0" Double Gate, complete
in place 1 Ea. $245.00 ; 245.00
d
~m"7
item Description Estimated Unit Amount
No. uantit,_ Price _
4. 40"V Single Gate,
complete in plece 1 Ea. 34.0 34.00
5. Remove Old Barbed
Wire Fence 1 L.S. 401.00 400.00
6. Terminal Gate Post 1 Ea. 52.00 52,00
TOTAL AMOUNT BID $149066.00
Tie undersigned hereby declares he has visited the site of the work and has
carefully examined the Contract Documents relating to the work covered by
the above bid.
The undersigned agrees to commence work within ten (10) lays after written
notice to commence work, and to substantially complete the work on which
he has bid within 120 consecutive calendar days.
The undersigned acknowledges receipt of Vie following addenda:
Addendum No. 1 - December 30 1973 _
Addendum No. 2
Addendum No. 3
Enclosed with this proposal is a Cashier's or Certified Check for
Dollars, or a Proposal Bond in the sum of 5% of Total Amoutit Bid
) Dollars which it is agreed shall
e collected andreta ned by the Owner as liquidated damages in the event
this proposal is accepted by the Owner within-thirty (30) days after the
date advertised for the recept<on of bids and the undersigned fails to
execute the contract and the required bond with the Owner, under the con-
ditions 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,
D o Fence Comoany
c
By _-Car
(SEAL) If Bidder is a 916 Manhattan Drive
Corporation Denton. Texas
e
MINIMUM WAGE SCALE
The rates below have been determined by the City of Denton, Texas, in accordance
with the statutory requirements and prevailing local wages.
Overtime shall be paid for at the rate of one and one-half (1-1/2) times the
regular rates for every hour worked in excess of forty (40) hours per week.
CLASSIFICATION RATE CLASSIFICATION PER RATE EUR
PER HOUR
Air Tool Man $1.70 Concrete Paving Longit. Flrst $2.25
Asphalt Heaterman 2.25 Concrete Paving Mixer 2,60
Asphalt Raker 2.00 Concrete Paving Saw 2.00
Batching Plant Scaleman 2.00 Concrete Paving Spreader 2.501
Carpenter, Rough 2,50 Crane, Clamshell, Oackhoe,^rrick
Concrete Finisher (Paying) 2176 Dragline, Shovel, (Less than
Concrete Finisher Helper (Paving) 2,00 1-1/2 C.Y.) 2,25
Concrete Finisher (Structures) 2.50 Crane, Clamshell, Backhoe, Derrick,
Concrete Finisher Helper (Str.) 1.90 Dragline, Shovel (1-1/2 C.Y. &
Concrete Rubber 2.00 Over) 2.60
Flagman 1,60 Crusher & Screening Plant Op. 1.75
Form Builder (Structures) 2.00 Elevating Grader 1.75
Form Builder Helper (Structures) 2.00 Form Loader 2.00
Form Liner (Paving & Curb) 2.60 Foundation Drill Operator 3.00
Fork Setter (Paving & Curb) 2.50 Foundation Dr. Op. Helper 2.00
Form Setter Helper (Pay, & Cur:.) 1.9C Front End Loader 1 C .Y. & Less) 2.10
Form Setter (Structures) 1.60 Hoist End Loader Y.) 12.25
.75
Laborer, Common & Unlisted Hprs
Manhole Builder, Brick 2.50 Hois: Over 2 Drum) 2.00
Mechanic 2.60 Mixer Over 16 C.f.} 2.25
Oiler 1.90 Mixer 15 C.F. & less 1.90
Painter (Structures) 2.60 Motor Grader Operator} 2.50
Piledriverman 2.50 Motor Grader Op., Fine Grade 2,75
Pipela er 2.00 Paint Striping Machine 2.00
Pipelayer Helper 1.75 Pump Crete 1.75
Pneumatic Mortarman 1.60 Roller, Steel Wheel 2,10
Powderman 2.85 Roller, Pneumatic (Self-Propelled) 1.70
Powderman Helper 2.00 Scrapers 2.25
Power Equipment Operators: Scraper, Fine Grade 2.50
Asphalt Distributor 2,25 Self-Propelled Harmer 1.60
As halt,Paving Machine 2.25 Side Boom 2.25
Bulldozer 2.25 Tractor Crawler T pe)80 HP & Less 2.00
Bulldozer, Fine Grade 2.50 Tractor ~Pneumatlc~ 80 HP & Less 2:850
Concrete Paving Curing Mchn. 2.25 Tractor, Over 80 HP
Concrete Paving Fin. Machine 2.50 Traveling Plant (Stabilization) 2.25
Concrete Paving Form Grader 2.00 Trenching Machine, Light 2:85
Trenching Machint, Heavy
f
r
CLASSIFICATION RATE CLASSIFICATION RATE
PER HHOUR _ PER YOUR
Wagon Drill or Boring Machine $2.00 Truk Drivers: $
Reinforcing Steel Setter(Paving) 1.75 Transit-Mix 1.75
Reinforcing Steel Setter((Struct) 2.25 Winch 2,00
Reinforcing Steel Setter Hpr. 1.75 Other 1.60
Steel Worker (Structural) 2,50 Vibrator Man (Hand Type) 1,60
Steel Worker Helper (Structural; 2.00 Weighman (Truck Scales) 1.60
Spreader Box Man 2.0) Welder 2.50
Swamper 1,75
The CONTRACTOR shall comply with all State and Fvderal Laws applicable to such
work.
The above are minimum rates. B Wars shall base, heir. bids on rates they expect
to piyo if in excess of those listed, the OWNER gill not consider`clhims for
extra payment to CONTRACTOR on account of payment of wages higher than those
specified.
g
CONTRACT AGP.FEMENT
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT, made and entered into this 26th day of December,
A.D., 19 731 by and between the City of Denton
of the County of _Denton and State of Texas, acting throlu,h its
Mayor thereunto duly authorized so to do,
Party of the First Part, hereinafter termed the OWNER, and
Carlos J. Valdez dba Denton Fence Company
of the City of Denton County of Denton
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:
Contract 73-8096: Fencing Sewage Treatment
Plant Site
ard all extra work in connection therewith, under the toms 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 in
accordance with all the General Conditions of the Agreement, the Special
Conditions, the Notice to Bidders (Advertisement for Bids), Instructions
. 1
10-15-,71
is
to Bidders, and the Perfom nce and Pa
and in accordance with the plans, which includessall maps, Plat blhereto,
blue'
prints, and other drawings and printed or written explanatory matter
thereof, and the Specifications therefor, as prepared by FREESE AND
NICHOLS* herein entitled the ENGINEER, each of which has been denti.
fled by the CONTRACTOR and the ENGINEER, all of which are made a part
hereof and collectively evidence and consitute 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
to commence work and to substantially complete all work within thootime
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 Con-
tract, such payments to be subject to the General and Special Conditions
of tha Contract.
this AgreeIN WI NESS WHEREOFO the parties a to thin the ear and day fira ese presents have executed
ve written.
ATTEST:
0or City of Denton, Texas
arty o t e rs art,
By
Bill Neu, Mayor
(SEAL)
ATTEST:
Carlos J. Valdez dba
Denton Fence Com an
air e ec`on art, TRACT R
By
Carlos J. Va ez
(SEAL)
2
10/22/13
4
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF DENTON
DIOW ALL MEN BY THESE PRESENTS: That Carlos J. Valdez dba
Denton Fence Company , of the City of Denton
County of Denton and State of Texas
as PRINCIPAL, and St. Paul Fire and Marine Insuranca Company
as SURETY,
authorized under the laws of the State of Texas to act as surety on bonds
for principals, are held and firmly bound unto the City of
Denton, Texas as OWNER, in the penal sum of Fourteen
Thousand and Sixty-six and No/100 Dollars 14,056.44_-)
for the payment whereof, the said Principal and Surety bind themselves and
their heirs, administrators, executors, successors and assigns, joikly
and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract
with the OWNER, dated the 26th day of December 19 73 for the con-
con-
struction of
Contract 73-8096: Fencing Sewage Treatment Plant Site
which contract is hereby referred to and made a part hereof as fully and to
the same extent as if copied at length herein.
NOW9 THEREFORE, the condition of this obligation is such, that if
the said Principal shall 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 Piars and Specifications
hereto annexed, then this obligation shall be void: )therwise 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 66th legislature, Regular Session, 1959i and all liabilities
on this bond shall be determined in accordance with the provisions of said
Article to the same extent as if it were copied at length herein.
PROVIDED FURTHER that if any legal action be filed urun this
bond, venue shall lie in Benton 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, altRr-
ation or addition to the terms of the contract, or to the work to be per-
formed thereunder.
!N WITNESS WHEREOF, the said Principal and Surety have signed and
sealed this instrument this 26th day of December , 19 73 ,
Carlos J. Valdez dba St. Paul Fire and Marine
D o Com any Insurance Company
r nc pa fur-ems- ,
By 0jC - / By ,
Title Carlos . Valdez TIt;Iee r ,
Address 916 Manhattan Drive Address O , _c1 w
Denton, Texas ,(1~~► /r~-~
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety is:
NOTE: Date of Bond must not be prior to date of Contract.
4
10-15-11
n
g •Y.~ M
S 8.
a . ~ ~Qy/ a tiff W
qy
L.LJ Q s~ g c 7 8 $ 9
u, x ~ya~ ~ ~7j.~ x ~ $ ~j~`o ~ $ ° b c '~•p~y~ja° •~p~ ~
0 C.Y. 7-. ~ ~ L' • A a O ° ~ ~ C ? ?g. ~ ~ ~ ~ < n y~ Y 07 ~ ~ ~
=4 ~7~ gyd Eo< B~S a ERs 5• sill
H Val
v w O F a s > oilx 8 e
c h
N W ~i r p a O
01
40
Is
05
STATE OF TEXAS PAYMENT BAND
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS: That Carlos J,
Denton Fence Company Valdez dba
County of , Denton of the City of~Denton
and State
as PRINCIPAL, and St, , of Texas
Paul Fire and Marine Insurancspa '
exas o act ast -t I amity o~f Denaston, SURETY, Texas authorized under the is
unto the y on bonds for principals, are held andffirmlStaate of
as OWNER, in the penal sum of Fourteen Thousand and Sixty-Six y bound
No/100 and
e sa r nc a Dollars 14,066.00 uret executors, successors and assibncd for the payment whereof,
Jo nmtl van and their heirs, a hereof,
WHEREAS, the Prin has oint)y and severally, by the eiPresents.
With the Ownpr, dated the ga?daof me % f to a certain written contract
of Contract 73-8096: Fencing SeWa9 19 73 'for the construction
Treatment Plant Site
onextenttract ro feerred to and
p at length herein.
a part hereof as fully and of ,
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SU
t
If the o him or i a sabcontal Shall pay all claimants sun )
' that
said contract the the prosecution of cpeying labor andHimt
full forcq and effecthis Obligation shall be voiai; of env Provided oreina?
PROVIDED, HOWEVER, that this b remain in
provisions Article 5160 EVE of the this bond Is fStatatd
on this bo the 66 hbeedete mitre pursuant to the
Article to the same extent ed it Regular Session, Statutes of Texas as amended
d in accordance withgthe and i all liabilities
copie/J at ler . Provisions of said
PROVIDED FURTHER that if an th herein,
bond, venue shall lie in Denton any legal action be filed u
County, State of Texas, this
5
10-15-7)
Suretv, 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 plansaccompanying the same, shall in anywise aff , specifications or drawings 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,
sealed 1N WITNESS WHEREOF, the said Principal and Surety have signed and
this instrument this 26th day of December
Carlos J. Valdez dba 19 73 ,
Denton Fence Company St. Paul Fire and Marine
~W nc pa Insurance C_ornpany
Surety
By ~ -
Title_ Carlo J, Valdez
_ Title
Address 916 Manhattan Drive Address r.
__.__~_Denton, Texas
.,r
-
(SEAT.)
. (SEA!)
The name and address of the Resident Agent of Surety is:
0
Note: Date of Bond must not be prior to date of contract. d L v i-Z 6
10-15-71
GENERAL CONDITIONS OF AGREEMENT
DEFINITIONS OFIERMS
1.01 OWNER CONTRACTOR'AND ENGINEER. The OWNER, the CONTRACTOR and the
ERG R are t ose persns or o an nations identified as such'in the
Agreement and are referred to throughout the Contract Documents as if
singular in`number and.inasculine`in gender, The term ENGINEER AO'ans-the'
ENGINEER oe~his duly'authorfzed reppresentative. 'The ENGINEER Shallrbel
understood to be the ENGINEER of'the OWNER; ahd nothing' containAd,in-the'
Contract Documents shall creato any contractual or ageAty re'latiohship
between the ENGINEER and the CONTRACTOR.
1.02 CONTRACT DOCUMENTS: The Contract' Documents shall consist of the
of ee to B ers Advertisement), Instructions to Bidddrsj Prbp65al,
Special Conditions, Signed Contract Agreement, Performance and Payment
Bonds,"SpdoiallBondi, (wheh=re Uired),!Gdne0al Conditions of'A~redrnbnt,
Technical Specificatfonsll Pla6i tahd aill-m6dificatign5'th'o~6of,iln46roorated
intanyf6f'the'documents 'befbre'execdtionvof the,.agPe~
The Contract Documents are complementary, and what is called for by any one
shall be,'At"bindinj''As-11 ealldd,'for''by'a'11.~1'16"oas'e O'eonffict between
any of the Contract Documents, priority of interpretation shall be in the
fv lowinhd:'dede'r,. "'Si g'ndd1A fe'enidht'
g y PerforRiafhoe :and 'Payrfiantr• 0ondfVS0'eci&l
Gorids {ahy), rPrdpdsa1III, Special, OWtfdo's of Agree*nt,, Notut t'b!C60J',;
7itractors,, Technical;Specifications',' Plahs,'and General Con'ditiohs bf
g emedt
rt~~tlti.;'.i ir:'r.! aJ~'.r1.ii ~S `~-..I r,.,} }r ~{1 `~r (r((i
1403eiSUB-CONTRACTOR.Mr Thdttdr4n Sub-CohtractoN, Ws'errtolnyed iie►%fri Iifli- f f
cues only ose aving br 'df'rect,'cGntract With the CONTRAGTOR `ar►if- t"ih="
cludes one who furnishes material worked to a special design accordin(i to
,the pplans) or, s'pecifitetiohs' of this' W' dWr"' bUt d6es' hot'f'fnc Ude ~'ohe''~i 6
merdly furnishes tdat6fl 1
al not, so wo'rke d: ,i 1 I •
[L04 - WRITTEN NOTICE;' Written notice' Shalt be, de&*d to havd' been duly 1'.,.
isHb'd e verhd, in, persdn'to;the 1ndivid0all or, tU,r"a' merrbe?4 of, the I fiti`1
or, td b..n officdr)of the corporation' for Whom it is ihtehde'd,L'bi, if da1li06d
at oVi tent by reyi`stered'tnaiI tto the) latvbUsImss addrit3'KnOWh b!htfh', I,
who gives the not1ce0r sc, ~ <<I, ~t+1r. ,1r;' + ~ r1l ,L, -1
1.05 1,WORK JT e` CONTRACTOR.shal1" to4ide 64 pay, fo#'al1,rhathHals. 'tgfIIts
,
mac nery,lequieht,tools'3uIhrntendenCh;~~TaboN', sefwic$3;~in3b~anZe
and all water,,,llgghti power, fue tFaMportW oh and''other'faCilfttes.iSece'S-
sary:for the execbtion~and, compietion,of+the'w6rk;toyerbdIby% the"tontract)q=
dotuments0,.U61ess-othe►'%t1sd 6 ecifietl; all meterialSishalUbe' new`'ahAbW
workmanship and materialt shat e;ofia goodlqualityb The CONTRACTOR shAli`i
if required, furnish satisfrctory evidence'ailto the kfhd ahd'guality of
materials. Materials or work described in words which so applied have a
,well!kh6wn tethhIdAl'or trade meaning shall-be held to refer to sUch'recog-'~
nIzed s tdndards
7
10-15-71 ;
1.06 EXTRA WORK. The term "Extra Work" as used in this contract shall be
un erstoo o mean and include a+l-work 4bat may beirequired by the ENGI-
NEER or OWNER to be done by the COTRACTOR to accomplish any change,
alteration or addition to the work shown upon the plans, or reasonably
implied by the specifications, and not covered by the CONTRACTOR'S Pro
posal, except as provided under "Changes and Alterations", herein.
1.07. WORKING DAY.. A "Working Day" is definedlas any day not including
Saturdays; un ays:or,any legal holidays, in which weather or'other con-
ditions,not under the control of the CONTRACTOR, will permit construction
of the principal units; of the work for a period of not ess than seven (7i
hours between 7:00 a.m. and 6:00 p.m.
3.OE ALENDA1t-DAY. A "Calendar Day" is any day of the week or month,
no ay$i @ ng,exyepted,
1.09 B, A A Y: OMPI TE0:i By .the,'tam i" ubstantially completed",is
meap A J rv; 1!r W w made s.oitoble;for,use,;or occupancy, or.
the facility is in,condition to serveiitsA ntended~Dvrpose, but still'May
require minor miscellaneous work and adjustment.
• .RESPONSIBI!,ITIE.S;OF'.THE;ENGINEER AND THE CONTRArTOR
,itJ fl!`y~1 i~Ft' ~~1r#r•3.lli~lf,i ?ft'rr°li,f{1. r'u:?3U t'1 °
~^".cFLAT ONSH"P~ 0 X76, E%INEFR wi ll rbe. the.OWNER '$I reote~
2+ N€'±ENGINEER
sen a 1 sponslbtl.i,tiestarld, limitations
Y,e ,,r4 c, Ong ~'fhe .duties~'.rP .
of authoiitY~4frth@,ENGih 4R a, J OWNER',S;rapresent•ative:during construction
are as set forth in the Contract Documents and shall not be extended_or
limited without written t:onsent of the OWNER and ENGINEER. The ENGINEER
will odvtse,and consult with the O'IANER;land all of OWNER'S instructions,to;l
the,CONTfRbA4CTOR shall be issued ;through the ENGINEER
2.0 OFESSI INSP TIO Y; GINEE r The ENGINEER shall, make periodic
'vi sits tote s to to familiarize n~mseifr.generally with the progress of
the executed work and to determine if such work enerally meets the essential
ineer.ing
Prf~ormance_ anpesi;a {ffeatures; a.nd the
ts, oa the,nn a Documents ; provided`and functionai;eng
equi>^emen .;:technica and; except,. however, ;that
re.
;tho.i:N.~INEER sha~~'•.rot be ~-esponsible,,~for,making ,any detailed, exhaustive,.
comprehortsivg, .ri conti.nRous, op, ,s,i te. ,ipspection of,,the, quality, on quantity of
the work or be in any way responsible, directly or indirectlyw for the.;,
construction means, msthods, techniques, sequences, quality, procedures,
prog ams, safety precoutions or, lack of somejncident;thereto!or in con
nect on,;t erewithii Notwithstanoing,any,other provision of,this,agreement
or.anI other{ilntrIfor for any NEER' neornsubcontrac the,.
spoo si le,,or abl ee y acts ;errors,t , omissions~oregligence°Of thee...
CONTRACTOR, ony subcontroctor or any Qf the CON
agents, servants or,employeef;or..,any other pert v* firm or corporation
performing Or attempting:to perform any of the'woik~! {
Tor ymeNanTsu The ENGINEER shall-
the amount0ow dCtoRtheaCONTRACTORs
-payment pportin9 data,
B
10-15-71
r
I 4
nt_to
and a' het `'";1n ?i£'11T} #ACTO 11sU~h arr 46j§ shuch "a.
aPPr yA, o~ payment U CQNIM tOA ud sti;tpteIs a, 'rep're"sent,gti6n' t6!,the
OWN q df E1i~(y,E£N 5, pl~ofe's' I'll t that the Work ttas bpdgressed
to the point itldicatied to the "hes' at' k'nTowledge,' tnforn~ati0n grid `
bcli'ef; b#' such approval "of ah appl'ication, for payment to CONTRACTOR
shall not be deemed as''a representation by ENGIN ER that EF~ CiNEEA has
made any examination to` deterinine' how or for wha't' purpose CONTRACTOR'
has used the moneys paid on account 'of the Contract price,
2.04 INITIAL 6EV INATIONS. The ENGINEER ijt Bally shall'deter+eine
IT"c' a ms, spates an o er matters In question between the CONTRACTOR''
and the OWNER relating td:th(l6idcution'or ro
p gross of tNr rlork 'o'r the ` '
intern*taition'of 06 Con't4 t Dodument's and the"ENGINEEVS decision Oall'
be 'r'eltidered in writing'tvithfn 'a reasonable time'. Should the ENGINEER
fail to Make such`decit on within A re6tonable~tfmdi'appeal td Arbitration,
ray b$'takdh as if his decision had beeii' *ndered against,th$`party,
aPPeali~i~, ;
2.05 09•JECTIONS. "(I;h' til'd' eVoht' thN6 ENGINEER rendel^s'`,My deeisf6hVilM
fih"thb o oh' of dithel~'p6 ty hbYet6, his 'nbV'1 ' accordinc6' With the
keanih'g.and intent of this 'contract;"either party may file With*the
ENGINEER Withih thirty days."his Witten obdedtion to the +dccimlh%l and by
siich''attion kay"reserve' the` tight `to submit 'the''question 'ftt rai 6d
arbitration
a5, hbretinafter ~roV ided,
< in ti `C l1'>. , I l i ~ I > ~ i e t fir, .
2.b6 +iINE$'i ID GIt~D S.' 11 Unle53` oth`ewise specifWd,` ell Brie 'land 4rades
shall rtr 5" e ; y: the` ENGINEER `4 < "h`it'+bbTqAenteti~e. ' ~ttietleyd"w` ndde's
saryyr'c+;hstru'ction fork Shi~11a be 3usirehded t{oerm`ftjrftade'`of this
WOO but' SUth s(ISpePt3fon'rri17'be' asr h)r1bf as~" raedtiL bie oaridi',tt UCON-
TRACTOR" Shall, be" 61 lbwe& bo ekt& doNnperisatibh thbrbf6f!? The 'C*#RACT0A:
shall yi'Ve thtiMMEER ample' hdt'ice' of thlai ti! e: aril'plaee `th'eme -11 d5' r•
and grrade5 ~'wi 11, be) needed: Al l' Stakes',, ,ma k eto: ;'~shalh' b~~ da' e MW i i`'-'
91
presiotVbd`byithe,CONTRAITOR lahd tA`'ta'sei6f)•eap fbles-VM'st`WAibri1'0 A..?iii N'i
moval by` him 6r,hif 'emplbyees,' sUch 5taket Mhrks, etc; shall be' 'replaced
at. the, CONTRACTOR 1S
2,07'(CONTRACTOR'S DUTY .AND`SUPERINTENOENM -'The, CONTRACTOR shall, 94
a equa e a ten on o' e' a fffi- u )proses iowand'eocrpletionlof;tislcon r':.
tract and shall keep on the work, during its proggress, a competent su erin
tendentiMd'Any,neces'sary'-assistants r the supbrirj 66dent sh'afl'rdppre~ent,
the,CONTRACTOR'in hit absence a nd4li,dirbctiowg1ven1to hin► snaIIJbe
binding av if given to the CONTRACTORS
The,CONTRACTOR is and at all times
5ha11fYemainan independent c6llthattbh
sotely,•respMsible'forlthe' manner ahd' Mthbd'o;' comp1kti6g hhl'woik-'UndOi
this±contract,;with.full p6wer'and authority,td~sele.dt the`k' ahs; h4th6d
and;manw of pwormino such work, so 16ng as,such'Ovthods'db-n6t AdV6rs¢1y
affect !the. cd pldted improvements"; the OWNER• and ENONEER 'being1hter'e00d`'~
only in the result obtcined and conformity'W iUch completed'improVMek:tj"
to the plans, specifications and contract.
9
10-15-71 ~
n
,
1 re
Likewi sPCpsible for `the the Aafety,,
se,.,,the U~NTRACTOR shall be so'ey , r6tec tQ~t .
tm-
himself, hjs emplo ees and other persons, aS.II 1, 1, I
r t of
e trnproY ,nts being'erected and thd, oF• `der. h
of the, safety, ,Vf 4 erey~t self or any other person, as a resul ificationsrastwel,l as any addltiotial'
neering construction drawings and spec
erformed assing from or through
information concirnin9-.the work to b6 p_„ p allowing CONTRACTOR
the ENGINEER shall npt,be interpreted as requiring or
to deviate from the p ans and; spec,ificatiol~sj the Intent of such drawings,
specifications and ame tto rthecpartiesuasito theiworkothefCONTRACTOR is
ticularty: the ag ee R, canpletely, l inable, at hi; own .
to, perform. CONTRACTOR shall, be fully a, nd ,
ex ease, for design, construgtioo,.lnstallation.a64 use; or hon-use, of 11
, to pp erformance of the contract, and far
allt,items and,meter.fnincident de p
either to person or prpPerty,
all loss,- d 9 inc dent thereto, ,
e ;injury _ t temp orary;,suppor;ts; ,
u in aZtth ou t tiIpiiiatlon, the ;adequacy, of ;i11 p afety pracauttons
shoring,9bract,9 'scaffgld~ng,:machjnery qr, g4.P~"Pts a
or devices, and similar Items or devices used .y him during construction.,
on OHM re.v,iew of work in, process► or, any,1 b
onf NGIN~ ER,
any. clan?ication of planssand specificationnss whetheo~
Any or anY then through
structi
or any agents employee, or .representative .4,f. either, , of t, of; aporoval, of shop,; . ;
rvat, onr n the,,P,ro3 f Ft site ;or,, by, . means' ter";?
perSoT; obsQ 1, Q s, cti o s s,,, or;,,¢Y, A
dra~rinangs ~op~;t, p,QrarY con~truot on q1 cop tru 4n pl"~ Fe sa
N tie
the purpose, of
CO TRAGTQR,,tQ,.be, fwo,r,
means or method, is agreed by
observing the extent and, nature of work completed or being' perfi~ormepntract,,
meas4ro, against,.,the ,draWip99j and4 spe,P{f~catlons.,t9nstitNti.Pg .
n so, thattie k~pRet¢ ,construction r`rk il1~GOnform trans .
or, f0mi, a purpose
alley th •,CONTRA• OR, fr«p till and coof, tnP the
ad Lst q,i•h'nd, shaljJin.:ino, s
' T ro3ect, in•
respip , c ct
respposibility f0!" the ,of,hi s work: on he,P
; propel" perf. o art h
1G1rO . to
ciuding but ,y~i,thaut;~,l,ta~ttdtioo tithe; p: opt'en Q' adpwy1 of, apya,desighs, t
satdcontract-,.!
plans s, fors accwiising ;,uch, perfoCmanye., DgViationA
lans or oth$r faPiJl xj e perfo,rnl
by xhe CONTRACTOR±,fropl Plaos and Spe,cificatSnA. that mayehGIREER,ior any
evidence during any such visitation or observatiQnrby.th
of his representatives, whether called to the CONTT p nsjSbilltt ttion complete,,,
accordance shall ;ip no way rel,ieveSONTRAVQ.R fr'•om - ;
all,y+grk;,in accordance with,said. pleas,and . specificatio,ns.
a. _ 7 ~ti1 ; 1 ~ ,;n {'ll<<' :i't .i,{ l C? ! 1 =`.2 f t
ACT RIS UNDERS
.b8.C4c R
2 exam i4 lPni$satisfled.hiroselfgasetotthe :1ature'
T as. y care. u . :the and ty ands qof the uantity ofkthehmaterialsatoobeoen ountered, theecharacterrof
quaii y q the e4ui eework,athe.gclities~n neral anddlocdlrQCenditions9 and alliother matters,which
can r! any way affect the p work under, this contract. ;Nonverbal,agreement Or
c>ersnefoneworhafter, the execution of this contraeto shalUaffect or,
eeither , 1
either .r .
modify any.of the terms or obligations herein contained,
10
10-15-71
2.09 CHARACTER F T~i CONTPUDR.,Ipgrees to amploy only orderly
- `Te a 'p foance'df 'tf~e typ# b red
h~v
U eo
htrai to dpte,, i t 'h er ~h'~ GNilip lt i rm
nfo him in`writing' bt` ay.h prriy' i$, f such the hwh man enr or ar 'me' ti 'ti h shall be tlZ+
opihion. oo n i pr W h s
intete t
" t,hfaith uy or.
`dis~rde
discharged from t11" wirk and -shall not again be employed on the 'work' with
obt the tNGINEFR'S,written consent.
2.10 'tONTRACTOO S 'BOILOIEIGS The building of structure f# housing rren,
or the erection oents or other forms of protection, w2il be permitted
only at such pl"ace$,as the ENGINEER,sholl direct, and the sanitary.condi-
ti.gns. 'of; the grounds in or Aboot such stEructures shall at a11, times' be
mA.ntained in a,nner sat's,factory to the ENGINEER.
2,1i SANITAftON. Necessary; sanitary conveniencQs for thle a of tab'Q' r
on';, f perly;seolw¢ed fry ppblic ob~gr'va~tion,' shy be cpristrg~''d
d
ar,na he'dY, tt1e, CbNrRATQR Vin', uA",mnie , p''a r such poirfts;s sal }
v
be a o g by he ~NQNE, R;,' and the r, 0~,e stea t~
l J "s rlctly; enforcQ~',,.
2,1 V too Dk r'NG ' #'n `fib Ti Tb`z~ 561 sum t6 ih6tNir w 'ih; s0ch
promptnessse no delay in his own work or 'Ih' that `of any over
Cpntr~c,tort,fppr,chpckeo,coples,,,vpless,ptherwise specified, of ail; shop,
and +,f ~e g d[awi s e d he y~ gs iiifi ed j6 the work" of 00'.. ',1ot,g r
y
„
tra a It
i n, : ,N Wish p + rea e
} RAn t
k eys ~ he c 't e~, 1 ~ f 1;,,t
i wh t L A I C,~ I j sb; ~;l ke a ypf r tipp h4 °fliP,t a
ui .gds,,a e'~ned h,1~t'jo . N ctg coQ ie,'r~~J:9F r
otf~g~e ' ..ytR~ e..~\t rre
~ aPP3"oyAr.ni$4S:re~ving;;or,
schedu es'steal not relieve he,#~}" .►[qq,fr r ~b1i{ yy,or devip 10 s
From drawings or specifications, unless he has ~n wr ng ca led t~evcNCs - p
NEER'S~a tg ttop,ip sus~tj ggV atjpns~pt)the,41",.of spbrofssIi.I nor,Shall.itL;
well ye ,1m frpm,r•gspgp;, 0 ty fQ'r,. ~qrs of, awry, s rt ln,;~} pp Qraw pgs or
schl%10'-,- i A O~it bezth~r~ONTRA~„:resD9nsibi~ityy, to;ru.an~~opp~~ ~
ple elyE Y a) s 9DUdxaw.i6s jo,ossghiih thgjr;sffep~ 01 ,hji'a$j! ty
to pe ford he,,re~vlredcont~,at work -in 'accordance With And
spemfca Mons an within the',contract,tiMe
S}{ re}~igrE< by,,the,,ENGINEER,s,hal,1;, e fQTE,the sple urpose of, deter fining the
i J rmcy,fAii aiy r~Win4s or,~c gd41s1srto,res,u ~ in finished #mp~QyemQ is
tyf, l e plans and 4pecificitions,,and. sha11 ,pot r+eliev ,.the + ,
CUIiTRAG dR gf tlis dyty,',g arr„independent;contractor. as previously set forth,
it' eing expre,s,$,1y unde,stood,ag4 Agrreed Chet ;the ,ENGINEER does not;:ssi
any, rduty;t0 pass, upon, tA,e p,r'jety,or.aadequacy,of.,such drawings or, schedules,
gr:,any ~ean~ ,or .thpds rgflgcted'.4o.ereby, in ;rel,atiorr,tp.tt►e safety ,of: ,
either person, or"property during COOjRACTOR'S,performi here4nder.
2 l iN T APR 0L L. The ENGINEER shall, not ,have the power, to waive
the- obligations-
ga ons o, s contract few .the ,furnishing by ;the CONTRACTOR of
90 roa.~erial, A of, his performing good work as. herein descrtb;d, and fir,
fu, ~ accordance with the. plans apd specifications. No failure or omission
of, the .
,
I:NGXNE`0 to discover, object to or condemn any defective work 'or
1l f
10-15-71
material shat f release 'the cokfRAtTOR' from
the obligationsto f}}~~,i l and
prop.rly perform the 'contract, including y
to 'at the obligation
'at once tear olit, remove and cb;, riy repla~d the same at any tuna prior
to final acceptance upon the gisbvery of said defective work or material;'
pror ded, owelrer, that the ENGINEER shall, upon request of the CONTRACTOR,
inspect and accept or Wect any materi
has been onc al ,furnished, and in event the material
e accepted by the ENGINEER, such acceptance shall be binding
on the OWNER; unless it.can be clearly shown that such material f
does `not meet the specifications f& this ,q urnished
ork.
Any ql;estiohbd work may be ordetod tokken up 'or' removed for r'e'-examinati on,
by the ENOWER',''prlbr to final acce t
with the specifications for said 'WOr,aall~ekand pense'`pfurembvnot ingn±re~examfnation
and replacement shall be, borne by the CONTRACTOR otherwise the expense thus
incurred shell be atlowed as EXTRA WORK, and; shad bd for "by, th'e 0£R '
prdvded th 't, Fah re ins ectionor,app'roval'is;'sp'ec e iflcd)di l'y:r6Qu,id'bfi he`~
"pr
spec ficati s' or'tb` pe`fprm nce Of tertai~r!' iork°,`'~h6ld th 't0NTRACTOR `
proceed With, `sucl work without re u
Shall ear a1l efttn
4 g prior inspection' or'e'pprovb~'ho
,expon 10 of taring up, removing, and replacing,this Fork if.
W dig cted'by the ENGINEER'.
2.14;'6tFECTS'AND TALjR REMEDIES.,
It' iurtheN reed'thdt 'if
tti"ri `oa~'
my a. . t Teo , r'an 1, u r ,
t o wo'r 'b'id se~hrctee 120 .,,.9tit t, . , th' br
unstlf tdlbd ' Ot in' c f0 . ''ne R shall be, de fuel: `"the '
itjwlth'the`'spetan. ER ass:.
siidll 1''ditbr' re'ceipt`f'~ir~f {tet1' i fe COtiCTQR
reitove}i'uch"mkt 'id1 nd rebGild oti e the bf'fr r~;the EN 1N FR; f0 thivfth
slibll' be''irS,ltuy bccbt~darice'wfith the ~hontrdctremedy,' uc~h'~'t~dr~C~ sq''th'~t it -
2115' fCfIANGES qNQ`~'~~
AC?ERATIaNS. `the CONTRACTOR f Ft or'' dg,eks that, the
a c c nges h' d'alte TRACwN R e 's fit =f
the lfriei~grbde,;{fd~5n 'tl r~ensi0H-'vp ahs`ati r'ia1 s`~ o~
contiMOlatedlf'oe"aA9"piPt itheed lefthbr before "or` after he be frirl~hgin.
of the'construbtfdn,~'without'hffddtih§ the validi ty 'Of this 'contract a cid
the accompanying Performance and Payme►1 6, i di
1
If such 'chah§es Or t11t'b060Ons Mlnish the uantft '`of the 'work to be do e
they shall not 'cOfttitke 'the basis f r cairn for'yde~iagest -or+ 'aAtfcip'bl~d
profits onithe'wbrk`th`aVWA
P►ioVid_d for '
unit price items under Ssctiorte5~ Meas4'ed iwf t?'' except a's a
of work `is' ind-edsad and 'the 'work''cbff' fairly 4''Oassified `undee rthAmOunt
spedifications,,'Sdch increise shall'be paid fo`h ` ccordin to tl,e ntityty,
actually done and'at'the dot pr,fcer if~a~fi~y; e~staq¢''lishe'd§for such q ,jal;t ,
this contra dt,i''except as 0A vided "for unit "a toms' Under 'SeE'tfoi r5
"Measurement and Payment", otherwise, such additionalswork shaI'll
fortalterd idhsd ender Extra WoM.k,Fn Case' e d- Aahd_o.
as shall. make Useless any Work 'alHAdyddhe or km~tet~alhanes
already furnished ar used in said works then the' OWNER, s'h l recdnipehse the'
CONTRACTOR for any material or-labor soused and `for Shy+adtual ib~t dc;
casioned by such Chahde, due, to actual eicpenses'incUfted in preparation for
the work as originally planned.
l2
10 1 71
v.
3. GENERAL OBLIGATIONS AND RESPONSIBILITIES
3,01 KEEPING OF PLANS ANO SPECIFICATIONS ACCESSIBLE. The ENGINEER shall
urns the CONTRACTOR With an adequate an reasons le 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, arid, 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 un8erstood that the OWNER believcs it has
employed yed competent engineers and designers. It is therefore, agreed that
the,OWNER shall be responsible for.the adequacy of the 'design, sufficiencyy
of,,,the Contract Documents, the safety of the structure and the -prnticability
of the operations of: the completed ,,proiect;,provided:the.CONTRACTOR has
modif•icati,ons thereof, and additions a-nd alterations thereto ,a pro, ved.ln: approved
writi.ngdbyithetOWNER.uiThe burde►i:.ofe roof,'ofnsrahtccumenCe appr
p p shall be upon
the CORTRA& to show that he has complied with the, said requirements of
the Contratct Do cuments,..approved modtfications~,thereof and all approved.,
,additions and alterations-thereto, r; f ;
1 il'•s , t")~ ~ llj ;t-, r ~ ',i ~ '1' I! f 11.1 c
3.,.94. i I ~fT OF ENTRYJhe,OWNER reserves. the right to entersthe_.property
or , KA on . W chi the works_ herein contracted for,, are 40 ,be 'constructed
or installed, by such agent or agents as he may elect, for the purpose of
insppecting the workti-•or,for.:lthe purpose of constructing, or installing suchr
collaterallwork~as?said OWNER may, desire:;
3i10 SU .?i;r t! (,1 'Ei ti,,t t£;1!O(~ 1{f V'l:'~ 1'lb t f3'j 3JI kEq.3 r)Y'o
3.0 0 L TE L,CONT ACTS. Jhg OWNER,agrees,to provide,.by,sVpprate contract
oF,o, erw.se, p a or, and) material t essential ito the campllet,on of the work
specifically excluded fr)a,this contract, in, such manner as not to deIay :
the progress of,the work, on•damage said CONTRACTOR, except where such delays
are spec ifically_mentioned,elsewhere:In the Contract Documents.
4 4
3.06 DISCREPANCIES AND OMISSIONS. It is further agreed that itois the•ino
en o this contract that a work must be done and all material muse be
furnish@@d:•in.;acCordance with,,the generally accepted practice,:and,in the is
eventjof,any,discrepaneies between 060 separate contract documents the,,
Prtority'of;interpretation defined.under "Contract.Documents'lishall.gbvern =
In the event that there is still any doubt as to the meaningsand.Ahtent'Of
any portion of the contract, specifications or drawings, the ENGINEER shall
define which is intended oo appiy•to the work. ;
3.07 EQUIPMENT, MATERIALS AND CONSTRUCTION PLANT. The CONTRACTOR shall be
responsible for t ha care, preseservation, -conservation, and protection of all
13
10-15-71
materials, supplies; machinery'e4uipment,':tools, apparatus, accessories,
facilities, all means of construction, and anyy and all parts of the work,
whether the CONTRACTOR has been paid, partlally paid, or not paid for such
work, until the entire work is completed and acc(pted.
3.08 DAMAGES. In the event the CONTRACTOR is damaged in the course of the
completion othe work by the act, neglect, omission, mistake or default of
the OWNER, or of the ENGINEER, or of any other CONTRACTOR Employed by the
OWNER 'upon the work, thereby causing loss to 'the CONTRACTOR, the OWNER agrees
that he will reimburse the CONTRACTOR for such loss. In the event the
OWNER is 'damaged in the course of the work by the act, negligence, omission,
mistake dr default of the CONTRACTOR, or should the CONTRACTOR unreasonably
delay the progress of the work being done by others on the job so as'to cause
loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse
the OWNER for'such' loss.
1 09~, PROTECTION !AGAINST ACCIDENT TO EMPLOYEES MD THE .PUBLIC.- The CON-
,NRACT 7s a ,at a times exercise reasons a precaut onnsaw.the safety
of employees~and othehs'on`orr near the work and shall comply with all apy-
plicable provisions of Federal, Stato, and Municipal safety laws`and building
and construction codes. All machinery and equipment and other physical 11
hazards' shall bergUirded ih at ordance; vOth the:"Mahual of Accident' Prop '
verltio6tin Construction'l-V the'Assdciated Generals Contractorsbf A*rfca
except, whore i'r{ Wpatible With-~F'edera],l"State., ur; Municipal` lams' ovyegu-wl
lations. The CONTRACTOR shall provide such, h%chihery `gluards, safe walk4i s•,
ladders, bridges, gangplanks, and other safety devices. The safety pre-
cautions` actublly takereabd theirs adequacy s'hatl bel the sole' rb^t0n'sibilfty
of the CONTRACTORy'acting at-his discretion is hn independefit cont4atoe.
1n if~Q(~•t'~ (6) "l l)1 E9 e ryd ^r 7tE1 Vi J4,1 t ? t "~i+ 1: 1C '1 C1 ,
3.10e PERFORMANCE 'AND PAYMENT ti0ND5► ,)Unless otherwise specified, it1s ;-i
uR er agree by the parties to is,Contract that the CONTRAOTOR'will
execute separate performance and payment bonds, each in the sum of one
1hundred (lOO)ipercknt)bf the) total,contrb'ct price; in'3tindard'foroi"'fqr
this p6thp`mi,2§UaNnteeith§ faithful 1perfbt*ance,6f,the work and thoffu5lll1
mentjof any'gbarantees1required; and' further gu0anteein4 payment' to ~ 0 1
pehsont,suppllying~iabor and materia W or furnishing him any equipment in the
executiun of the Contract,(ahd)it,is a§reedzthat this~Contract'ahall not be
in effect until such performance and payment bonds are furnished and approved
by,the'OWNER, ~+;i,t,r
f:."i,
Unless`otherwise'a proved,ih writing'by the OWNER, the surety compahy
underwtiting,ahe bonds shall bo~acceptable'-accordingto the latest li§Vof
companies holding certificates-of authbrity from'the Secretary of the Treasury
of the United States:
Unless otherwise specified, the 'cost of the,premium for the performance and
payment bonds shall be included in the CONTRACTOR'S proposal,
14
10-15-71
MIN
MV "LOSSES FROM NATURA' CAUSES. Unle'ss`otheNise specified ~alI loss
or damage tote CONTRACTOR arising out`of the nature of the, work to; be
done, or frbM the action of the'elements, or from any unforeseen circum
stances"in:the prosecution, of the same; or from unusual obstructions or
difficulties which may be encountered in the prosecution of the work;
shall be sustained and borne by the CONTRACTOR at his own cost and expense.
3.12 PROTECTION OF ADJOINING PROPERTY. The said CONTRACTOR` shall:take
proper means to pro ec e a cen ar bdsoining property or properties
in'any way encountered, which might be injured or seriously affected -j
any process of'constructioh to be undertaken under this Agreement; from
a4y,damagb~or injury or reason~of said process of construction; and hi
shall be:liable'for any'and'all,claims -for suth damage on account-bf°h1s
failure to fully protect all adjoi-.iing,ptoperty.11 The CONTRACTOR agrebs to
indemnify: sbve`and hold harmless the OWNER andIENGINEER against any claim
or claiid'-fdr daftgef dud to any injury1o~any!abj acent or'adj0ihing
property;''arising or. growing out of~the-petformance'Of>the'contract;' but,
any such ihdemnity,001~'6ot apply to any claim'of'any kind arisN out
sof thaiexistencefor,charadter,-bf°the wotk.•.. I'
3113 :PROTECTION AGAINST CLAIMS OF SUB-CONTRACTORS' 'LABORERS` MATERIALMEN'
ANDJURNISHEMOV MAC E fRERY11EQUIP NT PPL S:- T Vagrees
the ~will t, n ern y::an saveIMI ,,,an EER harmlaWf`rom)alI
claims growing out of the lawful demands of sub-contractors, laborers,
,claims
fowchanics,'materialn'ier 146d,'1urAished W."rya MWylfnd `pdfiti fiiri-
VildgiiipnSentl powdr-Itdolfrand_all~tupplidjlnbladng cd~miss8P qih UFed
inuthe~furthdrdnce.oVthe' performance(6f~this4c66tOactditWhin so'ddsired1by
the OWNER, ~thdrCONTRAOTOR~shalitfdrni'thi sdtisfactoryreviden'ce that `all obli-
gatiolls of thd~bature lffdreinabove":'ddsignated have been paid,;'dkehaig'ed)
waivedr' -slf«thd CONTRACTOR fails •4''}'t0 Qo~ theV*th`d1'.0WM tnjW A(CU fdptidn
of the CONTRACTOR, either Oa (dIredtly anyi aid,bi114iof ich'~th6 OWNER'°
has Witteh notide; on withhbld:!frod the CONTRACTOR►S Vdpaid`tdtnknidtIm
tra sun16f,Piolloy,ddemedemsonably14Ufficidnt1dAicdidaWanyrahdcall `1EJc"h'-%i
lawful claims until satisfactory evidence is furnished that all liabi,llti,es,
have!beeh'fully disdhargdd PWheed pon payme'h'U1-t6' the CONTRACIOR'shill be
resumed,An full,'`in accordance with' the tbrmsV this contract, but 1n `no,
,event shrill the provisionsiof.this sentence 69 construed to 'impose any obli-
gation upon inti OWNER, by either the CONTRACTOR oe his Surety.
3.14. PROTECTION AGAINST, ROYALTIIES_OR_ PATENTED INVENTIOtf. The. CONTRACTOR.
sia`M paypay all roya t es an license fees, and shall provide for the use of
any design.•device;~material or protest coVertd~by. lette m patent or copy-
right by;suitable1e§al bgreemeht,withi-the patentee,or bwner:', The CONTRACTOR
shall defend,all-suits or~claims,for i1hfringe4nt ofjany' atent or copyright
rights and shall indemnify and save the OWNM and' ENGIHEEiWm'tess from
any loss on account thereof, except that the OWNER shall defend all such
suits and claims and shall be. responsible foriall Such'loss when'.a particular
design, device i,material °or procdss-or.the product df a particular manu-
facturer or manufaCturers is~specifiedlor~re~uired by the, OWN€Rl'provided.
however, if choice of.alternate designi device, material 0r process is
i...
15
10-15-71
allowed to the CONTRACTORI~then CONTRACTOR shall indemnify and save OWNER
harmless from any loss on account; thereof J. If the material or process,
specified or regired by the,OWNER,.is an infringement, toe CONTRACTOR shall
be responsible for such loss unless he promptly gives such information to
the OWNER$
3.15 LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe an
comp y w t a e era , State and local laws, ordinances and regulations,
h1hich in any manner affect the contractor the works and shall Indemnify
and save harmless the, OWNER and fNGINEER!against any claim arising from.t,"
violation of any, such1awsr ordinances, and regulation r whether b the ;
CONTRACTOR. or his,err.Jf,
gees, except,where such,Violations are called for. by
the,provision$ of the ;ontract Documents, If the-CONTRACTOR observes
the plans,and specif:cations are at:variance,therewith,cho shall thatpromptly
notify he ENGINEER In writing, and any,;necessar psi
as provided, ih,the,contract, for.changes-.in he work'l," es se CONTRACTOusted
Krforms~any;work, ,know.ing it-,to,be,contrary."to such,lpwg t¢hdinarnces, r Ie,
and re9u,lations,,and without,such notice to; he ENGINEER,,, h
costs arising therefrom. In case,the~,Owner;,is,A;bod
y 'poiia shall bear 41q
tic,andPcorporate,
the law from which it derives its powers Insofar as the same regulates the
objects for which, or, the manner, in. which s or;the conditions under whichithe
OWNER MaY!en,ter.,into contract, shalt be controlling,;and shall be considered
as part:of:~thisfcontract ;to,the.-same,effect,as thotigh;embodled'herein.r
l63 ` .i,U filar Y!:tJf t Ji!p;?^.1UZ )+1 P
N T, In
LE IIi 0he,CONTRACTOR r.:further,agrees that he,'wliI
f'r(l A_lpgr4onO „con ro zan,,W giyq~hisrpersonal!attention to,,the fuifitl-
9th_ nt:9f;th1$;_ contractrandithat,.he,,wil]<not assign by.4POwer of AttoerV1$ error subiet.sa#d;.contract.without the rrley
written°cansent;of;thei Y or
EN~IIr'E R► arldtt4at:rlo,part,cr,,,feature,,of) thecworhwill,be sublet to anyone
ONOOt 066 10 to the;ENGiNEER,or, the OWNER. iThe CONTRACTOR further aggreds ,
th,atF,th ,su¢ etting 4frany portion,,or feature r,of,.the_work, or,,materiais io f
reouire , to the,perforntance :of ;this _contraotp shal l snot- ,
TRACTOR ifromrhis~rfull,oblIgatlonsJto the, relieve hhe.CON~
OWNER s,as provided by this Agreement
3. 7 Ir
FICATIO , The,,CQNTRACTOp shal1`,defGnd{ indemnify and hold
harts ess.t e. NER;and the ENGINEER and 6 E ,
their~respeative officers agents
dn,1: employees, from!and against al1~ damagevo, claims ; losses, demands,- suits,
Judgments and costs ,,;including, reasonable:attorneys, fees and expensesj.!.!- ,
arising out of Or resulting from the performance of the work, Provided that
any, such damages, claims loss ,:demand, suit,'Judgment$'cost or, expense:
Is'; bodily Jn 'y$ si
0 death, or, to;injury,to;ordestructioncofetahgibleapte'opprty,,
,(other, than the work itself) including the loss ofiuse 1;.
„ resultingtherefromt and,
;r {2} is caused: 1n whole or, in,
omis~si9n;of the, part,by any negligent act or
i..,,directly Contractor, any Subcontraetbro anyonef
or fndirect,]y,employed;bYjany~one of them or r!whose gardlessoof Ofithe may
party indemnified hereunder, y
10-15-7] 16
The obligation of the CONTRAC* under this Paragraph shall not extend to the
lfabilit,y of the;ENGIKEEg,this aggont;,or.empJoyees, aris!ngg out of the prep - ;
;ration;gr;approval of, Most 10rawingsi•rrepor{9~ .st{rveysg ,Crhange,OVe,1, ,;das gns
or spec fiat ons, or the giving o or t,e a lure to lve directtions or in
structions by the ENGINEER, h.f,j agents,or,M loyees, pr6yided such giving or
failure to give is the;p^imary cause.,of the njury or, damage.
3,)6 INSURANtCE.F The t6NTRACTOR,at 'his own;a~,pense shall purlhaseo maintaln
a`nd,koep, n force such insurance as will prot~-ct him from cla, ms set' forth ,
below"which may arise out of or: result from the Contractor's operat rations under
the Contract, whether such operations be by himself or by,any Sub-contractor
or by, anyone directly or,indiregtlyy, employed by any of them, or by anyone for
whose acts any of them may be liable:
(l) Workmen`s omperisation Claims,,d,lsabillty,ofits ane,,otthgr similar
employee benefit, acts, in accordance with statutory requirements;.
i 'f 'aa<~~aa 1~.i
(2)` ~sicknessoorddiseasebe'or~~death of~his,'emplyees`;u16n 'cla'ims
,amount
insyre,4 by. usual,bc~,ly~,1r1 ry abl:l>t"J, coverages,,;ip
Qf~not less th ,r~ $$1 for. in yry, oqe person,.arid for
, ?6 'he aoci,denEl
ngIt less. than- $,t4 6
6), C1 pin for damages ¢eF,au a of n4 uryickn`gss drdlsease,` ,
„ or,d.@ath.gf aRY pot in he,rth,n hs,,4RIQlpye.$s► artclaitiisnt
fil)~4r$d bJ(;,ysVa1. ao n ur,Y ~ao; 1 covera9es.,.!1 a~~}}4
to ,l~ot,less;.th n l O :fort 1►>uryo .one,porson, and.,,'for, .
not _ ess an lor.~4ne ~4CQIae~1.
t:
(4) Claims for damages `becauselof')fn'dryitto?o'rlj~estruct~on of
r ~tr 7,t~+~gib?g iproperty,s inglyOinng I ss, q ; usg f~es'Y,1 09 r.3r efrom,
t, ' f if1A rt,o, o,u0 , aq lAs 4 ti IA O a,, ;,IIr:9r 9~e $,c,cIn
tha~ 10.a r ei,.
~r t,arln as,
{tj t. t;,?.~t' '3^i C j(i .~.451'.r ~3ff12 ~%`~J fltaf~"f lilt) f~ ~~)?l t 1 r r t
`IF S)," a10s,,farl c a9~. , ec , sa pf2 ari, utomoolle;ecci~dent inn a nt ,,r:
!EE3 ~.t~r~,l~ of n,ot lps ~thdn , IN Q,,'O f~ p~uries to.gne ~eer ons r~d,noir,
less than 00,0 .00 for one accAden and atiEohiobfla"~amage
:insurance an aroown .of,,hot;rl,ess thd,n,$50,000,00;4
1 t { { j t ..j
5) The ,CO~ITRCrfb~ia1,, Pr.pcure. nwTnel And,'kegprt`efge Ct Owt1$r's
P ectiVe on
lot ;I g,u e e,, }ih ~h, f?, t , lYt r l 1, coy" a i~( ~f11C;Fg,R,b;yt
th ~wh, yer,,, a o
p, amount o le ?l n l x Q,OO,to in,iU, qs to one pet on and
not e',S than for, one acgideht.
c,
3.18.1 CERTIFICXiEt OF 1'NSURAN E. }'l e'1~'ore `c~ori4nicirig any of {h0 woA 'COti ltC OR
shall elgi e . OWNE Ya Certificates of Insurance acceptable to the
OWNER and the-EN. (VEER, ,,S~uc tertificates shall contOp a, provision that
coverages affolMed under' the peiicies will not be cancelled until at least
fifteen days' prior written notice has been given to the,pWNERr,
The CONTRACTOR shall~also file with the OWN ERt~a~id Cgrti,~idates of Insurance
covering all sub-contractors. .t,
10-15-71 17
4. PROFECUTION AND PROGRESS
4.01 IME AID ORDER OF COPtPLETfON It is the meaning 'and intent of this'CO~itract,
mess"o i se ~,~i nos c ~a 1`06vid@d; thbtlthe'CONTRACTOR sh0l'be'allowed
to Vose'cdtvl his krkit Such tines and seasons; An such order of precedence , and
in suth;n►anner as shall be,most cpnducive'to economy of COnstruCtion;'prdvidild,
however, that the order acid the time 'of 'Prosecution shall be such that the'work
shall be substantially completed as a whole and, in part, in accordance with ,this
contract, the plans and spec'i;fications,,and within the time-'of completion de
signated in the Proposal; po4ided 'also, that wh6n the OWNER is having other
work done, elth6e by contract or b; his own force, the ENGINEER may direct the
time and manner`of constructing the Wov•k done under this contract, so that con-
flict will be avoided and the construction of the v'a'rious works being done for
the OWNER shall be harmonized,
the CONTRACTOR shal l ,'sebmit;'at s`uich tiMi .as' ~ reesorably be re' uested by the
ENGI`gtFR `ichedules'wfifch i all show the order in which' 'the CONTRACTOR proposes
to carry on the work, with.dates dt which the CONTRACTOR will start th@ several
parts of the ilror~k,'~and estimated ,dates tof completion'of the several parts.
7;~t {
4.02 1 NSt~NOF-TIME." SNd~1d th'e`C0~ " +
be delaybd yn`'th rcompletion of
the work
"a'""y~' c t~' egl~dt`O"f ttb 0 1 °gr`pF~GI~{UR; o'►I of ariy employee of
eithar, Or by other contr~a'ot'drs"`e pl'o~e"d 1. fib, MR "bO bychihfes ordered
in the work, or b ,strikes, lockoyts, fires, and unusu 1 d@1 by an
carriers or un'a'atdable'cAUsn ` of 4uset pbyofid th'e'1CO RAC70R Sicocqr n 1 or
by asty+ dau94 hi'1%ot- "ENGINE: V'shh' 11 d$4, de"JJiffies the61by~~then an ex-
tensidir'`b' 'ti t6e (sh'ell bA'.elfia ddtf r`'cbfip fi thi"W0 'i'`s.bffic14nt to com-
pensa£e'rf~r IW L61'0 `rtt~~e 'rii 1661 of itA' e S f Qn'td I Ideta 0 stir by the
ENGINEER, provided, have tgf rit1►'at'th'ep`C 11 AG'I6h'9 rdl give the 'ENGINEER
prompt notice in writing of the cause of such delay.
1 Y
4.03 HINIaRA tr!"S Af1D `~JEL>~Y$' 1 61' fims'fs1i~1'1" ge.ma`de' b~`th WNTkACTOR for ,
damages re's t ,'V~~~i~ b§'b' del'+s'~fr~c~114 cau3f" agde0 where the
work is stopped by order oft11e`rNNERy"1uV'l 6(~ hetyMge6i of,afiyfportion of
the rork.e ra ed_in this .contract, n case said work sha l be stop ed by the
act of Eh't OWN f~ 'th'e}f filch''~i~31~464`Ias;;in'?tthe'"~ dgrixsnt'of'ihe'#'I#dfilE k)is
cad4d'by' such sto pa e f said
~ f Work "shi11' id' ''OWNER th' the CONTRACTORR.
4.04 LIQUIDATED DAMAGE:'.", tills `CONTRACtOR`a'gr4es"that time U,'l6f the essence
o s contrztc. , an tat for, each day of delay, bthe number of days
here e9reec ,upon' cchf0J i16n df'the'Wdrk `hei e1n' s 'ecitied aQ `con-
tract d fo►"'.(aft tr `due; lld~i~a°rlce'of ~SUch` 1bxt6t1§idli 'df 1ir* is 'i's p ovlded for
unrxte:nsio" oi` fiirdd herefnaboVe}' the OWNER may with'h'old permanently from
the CATOCTA 5 total cd~peo'§'60l~ri ' the' loml6unt. per Iday"givbh'in the following
schedule, not as a penalty; b'ut as' liquidated dashgges "6nd for `added expense
for en9i,lseerie9 su Pervisi,on ,etc., in connection With the prodect:_
V . f Amblrhtf l 1+ f 1 f! I i
Of C r tAaldunE of Liq(1ldated t
o it~ra'c1t banfages' Per Ila I . ,s r y
10b bbb o r r
$ ~ F less-',$100
100,001 ,to 500,000. 1
MOM- ' E r f 21)0 ( i
Ofl~tb`" ) 'OW 'OdO
1,000,001 to 2,000,000 300
Over 2,0W oOOO 400
18 -
14-15-71
5, MEASUREMENT AND PAYMENT
5.O~ITIES AND 14EA Urfr9rhT
NQ,~extra . r custcvna
@_','('prwe~--' - ~e . Q r1' mg,~s~rre~ents of a'ny
solid contents, 'number and weight,dnly shall~bei)considerecu, dnle'istotherwi9e
,s'pecifically provided,
5 ESTI?~fAD QUANTfTIES.' This dgreemeIht, including the specifications,
p ahs-a et~jna"t-e'Ts Tnfended to, show clearly all wort to be done and material
to be furnis ed hereunder. where the estimatbd quantfties'ere shorln for-the
various`clastes of Work to be done and material to be furnished under this ,
contract', they are approximate and are to be, used only as a'basis for estimating
the probable cost of th'e work and'foh compain''the proposals 'dffered'for' th'e
work, It is understood and agreed that the actual amount of work. to be done and
mater'ial' to b'e furhis~ed'Under t is contract may''differ somewhat from these'esti-
method t whel"e the' basiment under this contNCt is the Unit price
m ooiapOmOht shall be for' tshe oractua"al 'a 'mount o
d. of such work material
tsurnishe
,
r done and the 'Wh1 re, pay►~ rieirt {'based oHthe `+a`ri t p'rfeb Ir~thodtho'C0NT r0 a Trees a$ he
w Make o`clafin"fo`r da`r{ages", *vticiot~ed lits!bir;:oth'e ise' iS.aC~cd+~dt~°of
any differences which may be found between the 0d6t1*ffA "0' wo1-IC''aCtua'I'ly'done,
the material actually ,furJJ
riishred under, this contract an „quant ties
Conte sated an' coHiAine {h the o d oral, and the estimated
tual`lla~i'tify rbvided however tjrat `in case" the
E, „ of `ail n dbr~`"item ` hoeld `b ;dge'" as tlCh'~~l5.20 'more, t t`~d ''d1? 20%
e'ss th h t4 estimatd t 0.' " efa tat `
f<d''tF'°re6ine} 'a acne{,sallyy'esfrlThbe`ntl`t1`c~d~to{a{' hilt ed conish'eration
th '
'e 'rt~ioit' 'f `thd'`W6W `above''b> "b'eIW M% "of
e est'iin
~ + ~ ed gUa`rttity -~!r !!~"6~„~{Y a r,f: x~, Itit !rlr,r r~;-.~
~tt s
jrd116o'hstrued o'!be'il fhd'f'vidual b r
i# lie inc~iJ146r 0 it1''the
p 'b`pb '1~ tHa 'has' a' thrt61, host' a u'al''tb'''or `0fteY thad ire 6) ~
qq '`ob
r ~E~lt'~bTt
the total contract cost, computed on the basis of the proposal quantitfe3 a'hd
thief., fQntr~ct ulrit price;
bRy ie i3ed ph~Sid61 tio~h s`" o' b} het' njq. !lrf+, r,bt►i#s`o`'bylthe'~' Qt~t~rii'Ae6`hiet,ra ,dLlded$ti~e`ert'th'arCis,
gut Ts ! t l lt<<r!, rk
S ,VJ R1l}r OF (Id _ 1 1 if 11J''t ~f ff1 r; .~4 ~~Ll ,
6W of, .t eh' Df of 1 tha'►LecesS'a
c ` ~t~tfan o`!e ~ia~. `b tad AV `Co rpp1'~tibli bf al woi"k'by! t ' ONNACTOR,
~ kj d ,4f i:he. deli Very .3 1,11 tent t hi aced
ih thif Cb~rt i "act h fU1 c6 foi pity ► th lire S`pebifficatfbhS aHd sti ulb I ft'
herein contained, the OWNER agrees to pay the CONTRACTOR the pr`1e6s Spt"fdKh
n th prop s,al hereto at~achedr which has been made a part of this, p~rtract.
C N] fIt h 'reby Agrei to recoi ve . ~ii'ch r;toes i ~Sh
t~~ial: a~r`d a~ i'yab4i~'req`Girad'foN.'th aforesaid w r~ !full"
tauly ifo>an • ~furn o11
i' A13'o' oh a 1 'e ears '
ecu fain thjhr,° h a, ,or fb'r'i~a1 ' ar~d 'tl~ 1 ~r
A ar i.6mfin` e;
'or tb QF acC A w ~ent'E! the wfio p
` h ,4,rdjog' to ~ tPi3
a,.
5;b4' ~At P- YME 1'S 1 "r,
(fii o'r 6efbre th 10th d`~
s e re LJ1 's Init'tb WIN Est ford of each f th' lhe'COfRRACTOR
,
$ i', val o' `
mb a if I ct1o h'a
Cl t' p4' ctas hd tOf va) ~e bi', the tirork" donelby-
v up'otu"atld
~ in 1 dirip~ t b r apt the ►'ceding menth;
tetfi6 s'h~ a1 b', ?1Y: A ;aid'
1ncl ud h
51te of ttie' w 'rk t at 6 yAlu ;f all 3hh'd MAttflals'dell V'red bar"the
' r$ tb be fabt+(efaW6 lntd' th'e i6rk'.
19
70-15-)1
'
The OWNER shall then pay the CONTRACTOR on or before the, 15th day of the current
,panty +a total amount of the.opproved,statemeq , les%,10 per 5onteof the amount
th@rg4: ,fih1, 10, pe,r cegt shall,:be -retained until final p,y*nt+ a•Pur "e'r
le S '11previous payments and all furt}dr stars that `may be' retained,b t
OW ER under the term of this Agreement. it`Is understood, however, that h{n
case the whole work be near to completion and some unexpected 'and unusual delay
occurs,Jue to no fault or neglect ;on the part of the CONTRACTOR, the OWNER may .
updr' written recommendation of'the ENGINtER pay a,reasonable and a citable
perti,~n of the retained percentage to the CONTRACTOR; or the CONTRAC,~OR at the
Cnd, R S option, may be relieved of 'the obligation to fully complete the work,
and, thereupon, the CONTRACTOR shall, receive payment of the balance due him
under the :ontract subject only to the conditions stated under "Final Payment".
5,05 , USE UP COMPLE]tb PORIIi6S. the OWN'E~ 'sh' 11 have' ale right to take drk,,
RY .e4p~p a ed or parfally completed por'tions' of the tver'k,,
not have expired t but tsuchf takpomp, etings,the ent re work or such portions may I" I g posses use sha11 not be deeWd aR,a,c-
eptance of any work not completed in accordance with the Contract document .
if gch:prior,,es,e inc,mases, tf a cost of or delays,th e_ work, toe COYT?,ACTOR.. •
she 1 bQGltitlle,dll' eA ra,cgmpensation, or extension of ti' bb,t~
as b E, HP . 9.g6 ne.
E
EJ E{ I 1 7i7 t Il'i r 1 r' Ei
4e, N,W ~r shall otify `tie O lii' ER, he t,^ r'e1
t ct is .sub;tart ah complete'! a d' hn' sgh CO f1 TOR S~ oplnipq, the
Y~1e ENG~!! t 6
~oR shall furg hq thg E ,.i+ erg , o fy~Ringle fFi+ i~
'agdd ~ s h~ u h i W } ~YJ, i 1.1i tofu411~°hls Jt'N` "ar iwt11 Oti
ly p.,g,; I ,....~aaQ
completin of he structure or facility shad nol excuse s'tne'1%~' ~l`81t`?rom }
~:pQrf4f.mir?g A' of the, ~ or; yq _ertaken+ Y ~e,~er of 0 i r '
gg at}~re d
1I the PY cop'pleting l0 q, sir uct re ' r ccb,r ,d;
kRocno ,.fa1t.ty ,fn acco1, nce wtt~, ' c l'
,.1If.1, ~ tt P 1{,c t
1, ~1'a,flsi i
Ji< t,rrrJ fnj
hAI)1 'rOj
5.06 FINAL COMPLETION AND ACCEPTANCE. Within ten (10days a` ter `}he `OhMACTOR
, + t ~
` stanti Y r'~{ ►1 Rhl~l . o ~ ruba, e, rceta,(~~ 0
f, a1; fn pp!'ct~ en~,,~+ ithin
said time, i e work be oun I be cortipl e or sL sts tial om
cor~dan with ,tll ,C£g4t act Documgnts 0 NGi(1 ERs ~Ip 11 i y let d ih ac-
F
t~i~ ~4.. PO deer t{#cai e; ofr'to 15 to anc~",t ~..:ie b t1`, 6i . he and
s hgr, t shi,' be the. duty
of, theRn t, n (1b d
war tht~ aY a,ertiftcat~, gi" Accep ah'Ce o f ,the
tP~, e C RAClOR br, to ad
h-accepiarce., vise t e ~ Tk4t;TQR i ;~+rit)ng of, the reas6#,'for
no
6 0 f{ I A A NT. 'Up~oon the issuance,o{t" a eAIflate' Co'" letion,'t 'e
a prq~egd tQ ke f 1,, su n Q4- $pae.~fine 'st`et t of
r., r, , t' , t ,
Mork,, perfbedt ep hel ;furshd' under b e
the Agreemen and `sh-allcert'i fy1 Same t:'~ ls r, ,hpi Sh .?5jp',td he;~VVtkAt R
on or after the 30th day. and be(ore 'We) 5'th' day+ after the dat of the I-4, ficate of €Oompletion, the,,W nce,dee thq, fQPTRA TOR under, e, terms
of this,
A_grf?r enn,,t. ~ prov~de4;he.,has , f}r y Ne forded hjs c n ra~t`Ua1 liga ions; u en, the
tgn;s ,of: is contract; an¢ a~d p lr~ nt ha , 1 11 Ti u h
bec ne ue in 'ari
t'fo nce b the kT Tq Y Y ?t,
ri~l , PtY; nor p o i1siCnNi' xh eotra, ?',t~i f 1 ca,te , oft , AZCe Lance nor
NTRA Ti of the o1 ,f ' Obcwh 1 g or forf' N l fl
l m, o an rranty w lch O Y,be ie'
X . eu1 red.
20
10-15-71
5,08 PAYMENTS W1T11HELD; The OWNER may 6n'aCCount of`subseouently~dis-
co~ere ev en e w old or nullify the whole or'part of any certiffcate
to such extent as may be necessary to protect' himself from loss on account
of;
ta) 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,
(e) Reasonable doubt that the work can be completed-for the unpaid
balance of the contract amount.
(f) Reasonable indication, thht the work will` not ber completed lai
the Contract time. th'in'
When the'aboVe grounds, areiremoved }dr the,'CONTRACTOR prbVidet'a Surety., gaud'
satisfactory, to the,OWNER; which)will,Arbtett the OWNERi1h the amount witp-
held, payment shall be made for amounts withheld because of~'thkab f,„,
6,09 DELAYED PAYMENTS. Should the OWNERifail:to~make paymeht)to),the'!CON-
o e sum named in any partial or final statement, when pa nt
is due, th, the OWNER shall pay torthe CONTRACTOR .r Myrtd~e
shown as dUL by such statement, interest thereon at thearateiof stxt(6 sum
''cent?pern;an"I unlost ^OtheNgeysp ~ etifIed'tfeom)dAte°1(,) per
?iP,aftfal PaymAnts~~andt~~due as(~ro4idEd~under
FId&l,P en ts9seOnfil'•1allylpaid, which shall fully
{t.l)quidatElanyffan,)ury,taith@, CONT69CTORt rbxitlgg'$ut~
p time
but the right is expressly reserved to the the inctheeeventnpayments
be not promptly made, as provided under "Partial Pa at a
, th'er@4fter< trebit ithe: contratt,~at ~-abbndondd by the O EM Rtadd" tecoVernComime
pensatlon,lds iprbvided'undertil'Ab0donm6dt1'of Contract"i+Uriless,suchf aymen*,s
are withheld-An accordance Withi'the,p'eovisions oft"Payments,'Withheld ,
r, 6' •EXTRA49RKIAND•,C
lA1M5•
8,01 CHANGE ORDERS; Without invalidating' this 'AgreenlentI the OWH9R.ttfey,
a .any,. me or; rom time to ~timej. order afdditidns, deletions or~frevisions r
to :the work7sech cha"ngesi lr1_l l 'be allthoHlOd by Change'Order: to 'be"prepared 1
by%the ENGINEER for' 'execution -by .the OWNER and th'e 'CONTRACTOR'.1 o The Ch'an'ge
Order shall' sot forth'.the basis -for any'chbnge in contract price, as here ,
nafter,~ set forth for
iresulti.from 'the change~xtra Wd.Ak a.J, any r change in contract time which may
In the,eyent'the CONTRACTOR shall~refuse?to execute a Chan a Order
prepared by; the. ENGINEER and exetuted by the OM ER `the ENGINEER' a~has-
been. 21
10-15-71
in writing instruct the CONTRACTOR to proceed with the work as set,forth
in the Change,Order and the CONTRACTOR may make claim against the•OWNER
for Extra Work involved therein, as hereinafter provided.
6,02 MINOR CHANGES: The ENGINEER may authorize minor changes in the work
not inconsistent w th the overall intent of the Contract Documents'and
not involving an increase 44 Contract Price. If the CONTRACTOR believes
that any minor change or alteration authorized by the ENGINEER A nvolves
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 by copy of his communication to the ENGINEER
or otherwise in writing shall advise 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 Cuntract Prise.'
Any request by the CONTRACTOR for a change in Contract Price shall be made
prior to.beginning~the work covered by.the* proposed change. ~1'
6.03 EXTRA WORK. It is agreed that the basis of compensation to the CON-
for work, either addedor•deleted by,a Change Order - or forwhith
a'c!MO. for Extra Work is made shall be' determined by one Or more, of, the
following methods:: t, ~rt9t,±;lfsr
,-Method (A) -,By agreea' unit; prices;-;or s1!f,:'f:
Method (B), f-By agreed lump'sum;im i ;tlj t ;
flc1:103J 51' :flf r tn
Method (C) - If neither:Method (A):gor:M6thodt(d)'b6 agreedlupon.b6fore
the: Extra !Work,A s, commenced,i:hoh the CONTRACTOR thall0i
r: G lpaid;theJ1agtual Yield,toitn'offithe;work ffpluscfiftbEn (15)
„ 'j' rit J!tpl'f jod
=per conti 1 _
In the event said Extra 1 ork be,perforfied and: paid for under Method (C);;'°thdn
the provisions .of ithis paraggraph ishall apply Arid .thfe: "actual Ifield,costr is':,
hereby defined to include le cost,to:'the CONTRACTOR, 6f;a11 wdrkAed;'such
as foreman, timekeepers, mechanics and laborers, and materials, supplies,
teams, trucks, rentals on mach'ide'Yly M 000666t, for the time actually
employed or ifsed on such Extra Work, plus actual transportation charges
necgssarily incurred,- together with a]l ,pdwer~ fuel, lubricants,, ;,(at r acid
similar operating expenses, also all,nedessaryiincidental expenses incurred
directly on account of•such Extra Work ,,including'5ocial)Security,~Old ~Age I
Benefits; and other payroll taxes; and, a+ rkteableL'prOportioYj ofspY&Iums`on.!
Performance and Payment Bonds and Maintenance Bondt,tPublic, Liability' and
Property Damage and. Workmen's, Compensation, and ll i f other., i nturOce as- maV fl ~
be'required by any law or ordinance, or directed by the OWNER;, & by,'06 ,-,~f
agreed to. The ENGINEER may direct the for,n in which accounts of the "actual
field cost",shall be keppt and -the•records~of th6se atcoirnts-shalltbe made'
available to- the ENGINE-The ENOINEER,or OWNER rtAy also spetlfy in writing,
22 ,
10-15-71
be foQre`the?Wnrjc'ce"6cesthe Mthodlbf do riq'the:wo k'ahd th `t e''and'
kind`gf 64thidery' Ahd equigqnn rat to he u5 d; 4theryi4se thrt " yp
be determined by the CONTRAC Unlesf othee~ti3e
for th' agreedsu,
P,eruse 4f fiacrhioe ahd eq ipment "Sh 1l, ae dggg "1664; y using 1001, x ;
nersfi 00i the prlcet
r Ce dnle3s .btber'wlse spec fled I of he latest sche¢u1 'of EqquipmQnt
j f:xpe6se adopted by the, A$s,oci'ted General Cgntr otbr5 of America.
Where practicable'the terms and ppices for the, use of machinery and eq~l,ip
ment shall be incorporated orated in
actual nfithe'efWritten Extra Work Order. The 'fifteen
cover'dprcent oft
,c.0mpensate him for his";`prof.it' to be paid the CONTRACTOR shall
qq overhead, gen@ral 5G'perintendence
4n~,field bff c, expense, an al other ehements of co'st;and'ex ense nbt
embrooed q4 6 the,"acty'al` to d cost'; s-herein Q fir~e~, seYe~~hit where
the ONraACfO S Capp o'r,Eie1d„~f'tce rrttust be nto Med,pr!60rily'bn ac
count of such Extra Work; then the'cost`'toAalntain"and bderate the same
shal) be included in the "actual fielct;cost".
6 1 r , r &k'
O;~,t1y~i ayQtlr x rG &k ofr W K rn ed'unl d
+ er
Ted t
or4iff "a> af,1lto',t "CONS ' a QqXs Ctori
shollt'dc i+f A~ 4,$,d bn'.,ar ap Y PQ,k ch he
sha ,t. n ~,f ent In It cbr)S 1"S;Cti4n. tirro" he
1 l1i' !
ake ~rrritt .
en „request td t :
he.C{iG1,N ER f0,r %
rftttgin b'rder~' w hoaxN
,
such Extra Wdlk. 'ShoU1d a°'dfffeeeh'de"0 o i~ndon arise''as 'to'wh tr,,dfhdd or'
does not constitute Extra Work, or as to the ayment therefor, ad ~ '
ENGINEER insists upon its ge ~pr~ ,c , he:Cgg9Tlt CTO shall proceed with
the work after making thwritto ? es ' t' r"'w►'ff'tan' or~er and shall keep an
d, Co` .
accur Methd e accr ~t tOJ~f~iAe1-1T` a c OaatalioItf,ti►1 ov ld
d Sp "rehrqt pp p
~r3 rig~jt t4?a 41►er t; c
~Su
the
• 13f..7., f)1 , I.-?1111 "j ilk'}"I, ,"f~i~.'tw ~YyiVod7 , it 1'
10 1' ICA 6.6
S•t~ l frr~t ~r d~tt'~ h" eto
S u.to b
shalthatI'Al
)rr
R4 r. r t
'ran'
h ' 'ri ed
~}r, < ~
a'~efi tb`~ Ike "h VIA d i 1to 1" t.] , r
g any d tins, o de
the CONTRACTOR desires to take exception. The ENGINEER sha '-ZP,1ik
th rty -19 .d to,,s~roh,wrf tpp e ~ p s{l P1Y iiithin
ys 3~ P j: pl Y th QQNT9ACTO d ren er.
l etah 4n. it#t1,1►¢t. n f s e
1 twro tR . URR ~iou ~ ' .11
the,', thI N" N ~R~$ . ,4 dekfs,jbn; ~h' ~enaSi; for<<4ailI6'i f t,io 'fh'a 1. b ` 51~o r~+111"1,
hS'~ eh, (1G) d ys., f r,.►e'~da{e,
of`~ 1 e„Y," , (N'RA T R,o' he"E d
a ~ the n .e f 0' he` , rtfrer
g d th .t h I: C~ Brie a
b 6NA49"0' p a If thpr,~► r>< b the ~r`
nte
~N~,to bnd 6 1 ae {is ep, f tbby
y Ce fin"
al" ayrr~
s„ l an as yy
eithar'pa~~exEepf'wherte notdd:otri6t ht
rs~i, e;ir) on(ract
l D¢t;4Tents.
.
~e s¢b' "4
su05 deaf pAl~ 0 ~ `d`03' o'!i
Ur#dr a t'-
r trlat`oh at he'reoa~st 8f 6ithdr'p rty'to~ hb`d s utef`",he
parties may agree upon one arbiters, otherwise, there shall be three, o6e-
named in ~riting.by each party, an, ;rho, third c,4os n,by.the two:arbiters so
seie fb'd or ff `t~re'''arb.'tter!''fd l D iold'ct thired w%1 h ten`' id), dpys
he shb11' 6e' ch''s`en b';'+'a~ bist`rict JuAge''se"Hihi'tlre toy"in-iv~'~ch the M%6r
23
10-15-71
portion of thq,pro ect is located. unless otherwise specified., Should the
party,,demandinq ar itration foil to name in arbiter within ten (10) days ,
of thhe'demands his, right to arbitrate shall lapte, anq'the decision.of ci~+
EFGINUR shall be, final and bindih 'on him, Should the other party fail ,
to chbose eh.arbiter.wlthin ten (18) days, the ENGINEER Shall spppooigt such
arbiter.' Should either party refuse or neglect. to su'pply the arbiters with
any papers or,tnformation demanded in writing, the arbiters are er*powered
by bbth parti,is to take ex party proceedings.
The arbiters sha11 act with The decision of any twa.shahl'be',
binding: on both,pertles to the contract. The decisidn of the.arbirs upcn
any question submitOd,td'arbitratlon under; thii,contract sh~11. be ' condition
precedent tq any right;of lggal'action.' The decision of the arbiter or
arbiters may be filed On,
court, to .carry intd effect.
The arbiters, if they deem the case damahdls it 'are authorix~d to'ativard 'th'e
party whose,contentiop ,is,,,sa t 1ged, such ,sums., s,they deers proper fgr,the
time, ,6pense 'arid trrdubtb in i~ent: t¢th `appea and if the appearl' as ,taken
without 'r a~sona~lllee~u'Se:;'thejl aWaM dameggt; for a'dy d' y, dcda`s ''theyrebY, T e rb ,
, w shall `f )ieown' cqs~)qs t 'oe, u le?i's' bth'd
y, 'lei f 1 f 1 i
proyi 16P drby;ag eement, and shall'as.sest tho cost a d charges, ` of the, arb tra-
Mori either or,bot? partiesr The award 'of;the arbiters` roust bin "w'ri'ng,
iAN'DOWOT
W1
7.01 N ~N1~ Y 't T NCO . rfri cas
f ~tt S r, ~ c
an a o h ho&.a6 dq,LJlre us tp re ~~5~ a''yy"~. $fte , te~i,, ~i
cation from the OWfJE:R',`'di•'the' ENY'Ntk', `o`i• ' 1 e" tha` CUHYRdCYO' failt to comply
with, the, orders.,of,,t11 ~Nql,EgR h ~~SUCP ordek arhe,consi tent,witp, thro,
Coritl^~t ~ c~~ 't~i
bonds'; .t ~ 0'e ' u " t o on"`t(iege. ha ' `s p ` 1 t Iffed;'i
o~
di ect to c het tie worK a`n'd a cb~ +ai h~ti e,'sh`' d
f r, r s' r, .'pi, fc- f Vi1
td~+1b ° r~A'C% ' . y O
t . ij i J i"! f fr [ r 1 h t
After"'icelvtilg'`a~d h,ot ehf aban%+~ ep rho
from the`work, po, F ght tmfcl on fib, the 4lals`anq aQ4 con'tf ~C 'f0r:ewor n. W64 'b , t e 0WN t e``
Su~•ety the, r,fb antd;b6IQ,~o'r:i6ft "e~' o r inyCum
work" 4hd thy'. f' NTRA OA:~Sh'all no,fre~' ~ ~ t' or .,,crq ti4n,
Y ~ C ~nY
rkrefit e~~~ th8r
(except"wheh' hied in prliiect~dn 'with E
a'W - ,
allowed d provioed'f~r'uhder Se6tfor~` E~a'Workeandc laimt)h'1t'heing' `
and r food that the,use of such a ui nt and ma ~ fad -will ltimately
d ~c hi dbst to do~io) ete the,~f~rk hd oz';res~1 y 6d , 444 thb,''ina,1:041e'
Where"I ied is r~Q perfontante,b rid "~,rpvidedi qr ~i;'Cad `the $urgty `fh~,yld ,
fail to', car~ente corhplianee_wit~,tte notid fbr oomp etion hcoinbefore
24
10-15-71
,e
providQd for, within ten (10) days after service of such notice, then the
OWNER may provide for completion of the work in either of the following
elective manners:
7.01.1 The OWNER may t!;creupon employ such force of men and use such
mcnnerY, equipment, tools, materials and supplies as said OWNER may deem
necessary to complete the work and charge the expense of such labor, machinery,
equipment, tools, materials and supplies to said CONTRACTOR, and expense so
charged shall be deducted and paid by the OWNER out of such moneys as may
be due, or that may thereafter at any tine become due to the CONTRACTOR under
and by virtue of this Agreement. In case such expense is less than the sum
ihich would have been payable under this contract, if, the same had been.
completed by the CONTRACTOR, then said CONTRACTOR shall receive the difference.
In case such expense is greater than the sum Wh;ch would have been payable
under this contract, if the same had beer, completed by said CONTRACTOR, then
the CONTRACTOR and/or his Surety shall pay 'tie amount of such excess to the
OWNF.Ror
: ,
7 i:The OWNER agder, seal.Gd ,bi4S, after; f, v
ono.or_ rrore, times .in a newspaPer,~vin i a daY; notice publ`shed,
the loC$t)on of.;thel,wor,k, may. let.the c,9en,e tl'Qwrcheati'on it the county of
work under:,subs tantlal,iY the.$a td ~opJetign of. ,tile,
In this contract , , In case any€incMase,,irl cost,.to t thon t. e,,,0 i E are Pxo
contract.as! .c h h me ;
M pared to, wha,i; ould have been •the .cos WN', under tr,ot,
such increases al.1 .be,charge ,t o ;the,, t under _t►~iscontra~;t CONTRACTOR n the Surety shallbe, and .relrain;:bound; therefor. *Oover, .Should,
t~
fke1V, contract ete
prove to be. loss- th an what woold. hacos been the cost o c pj
,under this contract, the CONTRACTOR and/or his Surety shali be,eredited
therewl.t
h.
ti~T0 ,f1 ~~r~V r iL' a i 1 r , .
Whevthe,work shall:havo been substantially,..complcted the r,
his' Surety, shall be so notified apd Gertificai;gs;;Qf' Copp.leti~.Nn .anT Acce
as pr"Ided in Paragraph 5.Mherei.nabove„ shall De ,issue A :and,
i teMized' statement, of the, contract. acc unta ptanCe,
as being corrQct, shgli then bA; o certif,ied.to p+ t c EPGINEER
and, his ,Suretyr whereu , n theprop ~r:,e~ a,pd,j fy -qd to, tie ,CtTTRA00
as,_the case m Po the, and/or hi ;Suety, o,jth(L; N' R
any be, shal pay: the, balance; duq,,as reflaected. 6j;' id ,state:
ment, within fifteen (151 days after the date of such Certif;ate of
Completion.
In the event the statement of accounts shows that the cost to complete the
work is less than that which would have been the, cost to the OWNER had the
work been completed by the CONTRACTOR under the terms of this contract; or
when the CONTRACTOR and/or his Surety shall pay the balance shown to be due them suppl estlefteonWthe,sitenoflthe work e shall be turned
Y, equipment, tools, materials or
and/or his Surety. Should the cost to complete the workeexceedhthe0contracct
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
25
lU-i5-71
thereoftogether with an itemized list of such equipment and materials,
shall be roiled to the CONTRACTOR and his Surety at the respective addresses
designated in this contract, provided, however, that actual written notice
given in any manner will satisfy this condition. After mailing, or other
giving of such notice, such property shall be held at the risk of the CON-
TRACTOR 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 th,, OWNER may sell such machinery, equipment, tools,
materials or supplies and apply the net sum derived from such sale to the
credit of the CONTRACTOR and his Surety. Such sale may be made at either
public or private sale, with or without notice, as the OWNER may elect.
The OWNER shall release any machinery, equipment, tools, materials, or
supplies, which remain on the work, and belong to persons other than the
CONTRACTOR or his Surety , to their proper owners. The books on all opera-
Lions 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
t e ter.~s o t, sc ontract, and should fail or refuse to comply with said
terins iiit}t'tnr _ten'(10)'days `af1:4i writ en'6oti I6tioft by the~ CONTRACTORi'`_
th6dIthe CONTRACTOR may sVtpend or wh6lly ''obandon the works and may remove
i.kerefrom Ali 'ma chi here's tools' andIdquipnie6t'; and all imaterials on "the
site`'df1W6rk"that, haVdohdt been inbluded'in payments.;to the CONTRACTOR y.
acrd MV6 tiot- bee'n' Wrbughtr'into the' WoYk,'11 Arid1thereUpon `the ENGINEER shOll f
make,a +estiMate of the total `ar>7du'nt ea~hed by the CONTRACTOR t.whieh esti6
mate's a11' irlclu'de thee' +alue'of gill"'Work"act'ually cdmplbted iiy said +j
CONTRACTOR (it 'the price's`stated'i'n t4e attached pr6posal where unit prices`
, >f4,Used); th'e' vd1Ue of all 'pbr'fidlly ebmpleted work at a fair. ird .equitable
pr14,!" nd the' amount of'611 ExtH11W6rk perf6iried at the' pric'escagret'd upon,
or provided for by the terms of this contract, and a reasonable sum,to'coW -
the cost of any provisions made by the CC';TRACTOR to carry the whole work
to dompletioh and which c'ai not be, utilifed. ' The ENGINEER `shAllr then make
a`'fihal' sfatealbht"bfv the b-Ala6ce''due' the 'CONTRACTOR byldeducting frbM'the
above''estimate all previous 'payments' bq the OWNER and, all others sums' that .
mayl ~b' ~ _Wn'ed by' the' OWNER under" th-o, terr~s'"bfthi9"' Agyee~rentand° shall
certify Same' td' 1;he' OWNER who shall 'pbay for the, CONtAA'C70k' on' br' before"
soheton t
thir'iy (30)days Af't0 d fi W nal 'date 'of- statemenpt: the a66tifit ' by tho' CONTRAOTO o
balahce shoWn' by, sai due the CO~iTRACTOR Under the he terms
of this Agreement;, + r
i ,
END OF GENERAL' CONDITIONS
Y
26
10-15-71
II
OEh1'ON, TEXAS
FENCING SEWAGE TREATMENT PLANT SITE
DETAIL SPECIFICATIONS
A. Sco e: This Contract include.
fence and
remove and salvage of an existing barbed wire-wire meshifencek ar the
periehery of the City of Denk"on Ses,age Treatment Plant site. Theonew fence
shall be topped with 3 strands of barbed wire on 450 extension
shall be 7'-0" high overall when orected. Fence shall include arms, and
width and in locations shown on the Plans. A site location map is
Sgatesiof
on the Plans.
ivWll
D. Fabric: The chain link fabric shall be zinc coated steel chain link
wire;_`gauge, woven in a 2" diamand mesh._ The wire pickets shall stand
a minimum tensile strength of 80,000 psi based on cross sectional area of
wire. Barbed wire shall be Class 30 galvanized coated, of 4-point pattern
composed of two strands of ]2-1 2
on approximately 5" centers. The boauge ttomltensiion wiretshallgbe~7-9auge e spiced
vanized spring coil tension wire, fastened to 'chain link fabric with fl?-gauge
i`ag rings on 24" centers.
C. Rails and Posts: Top rail shall be 1-5/8" 0 D
2.27 pou" n- r jot, with outside sleeve type coupling$at zleastp711 long.
Fabric shall be tied to top rail at 2441 centers with 9-gauge galvanized wire,
Line posts shall be galvanized H-Column or 2-112" O.D. Standard schedule 40 galvanized pipe, spaced not to exceed 10 feet. Fabricishal] be
tied to line posts with 6-gauge galvanized claps on 14" centers. Terminal
posts for ends, corner and pull
5.79 posts shall be 3" O.D. galvanized pipe, weight
pounds per foot. These posts shall be equipped with 1/4" x 3/41 tension
bars, 11-gaugge x 1" wide tension bands and 3/8" carriage bolts,
proximately 14" renters. Braces shall be same material as 'top rail on trussed
from line past back to terminal post with 3/8" galvanized rod complete with
truss tightener, p and trussed
Gate posts shall be in accordance with following schedule:
41-0" Single Gate - 3" O.D. Galvanized, 5.79 Lbs. per Foot
20'-0" Double Gate - 4" O.D. Galvanized, 9.1 Lbs, per Foot
281-0" Double Gate - 6-5/8" O.D. Galvanized, 18.97 Lbs, per Foot
D. Gates: Gates shall have posts as specified above, with a frame of 211 O.D.
galvan ed pipe with pressed steel or malleable iron corner ells riveted with
27
4 rivets per corner. Internal bracing shall be 1-3/8" O.D.
A th 3/8" adjustable truss rods. Bottom hinge shall be ballgandasocketptype
made of malleable iron. Hinges shall allow gate to swing 900 or 180°. Gate
shall be complete with pad locking device, center rest, and semi-automatic
catch to secure gate in open position. Gate construction shall be rigid,
and free from sag or twist. Gate fabric shall be attached to gate Frame
by method other than welding. Latches shall permit accessibility to padlock
from both sides of gate.
E. Erection: The fence shall be installed by skilled and experienced fence
erectortor on line and grade as shown on the Plans. Attention is called to
the existing fence which is installed on the plant site property lines and
to the fact that a livestock-proof fence must be maintained around the plant
at all times during the erection of the new fence. The new fence shall be
installed 11-0" inside the property lines, and should it become necessary
to remove portions of the existingg fence pprior to completion of the new
fence, a temporary barrier shall Ge installed by the fence contractor to pre-
vent entry of livestock into the plant site. A typical section of the existing
fence`ia shown on the Plans.
Posts shall be set plumb and in alignment. All line posts shall be sat in
concrete a minimum of 9-inches diameter and 36" deep. Gate
set in concrete a minimum of 12-inches diameter and 3b-fhchesodeepshagtr~jght
runs between braced posts shall not exceed 500 feet. Concrete shall be cured
a minimum iif 72 hours before further work is done on the posts.
Top rail and bottom reinforcing wire shell be installed before installing
chain=link fabric, and wire shall be pulled taut. Fabric shall be pulled
taut and secured to top rail and bottom wire close to both sides of each
post and at intervals not more than 24-inches on centers. FibrIc shall be
secured to end, corner, pull, and gate posts using stretcher bars for the
full length of the post,
Barbed wire shall be installed on supporting arms above the fence
With each strand pulled taut and securely fastened to each supportinWest arm.
The end member of gate frames shall be extended sufficiently above top
member to carry strands of barbed wire in horizontal alignment with barbed
wire strands on the fence.
F. Salvaged platerials: After erection of the new fence and gates is com-
pleted, the existing fence shall be salvaged and stockpiled on the plant
site at a location designated by the Owner. All wire shall be neatly rolled
and tied in lengths convenient for re-use, and all posts shall be neatly
stacked. 471 salvaged materials will remain the property of the Owner.
28
G. Pa ent; Payment for the fence and gates will be made at the unit price
bid or the exact quantities actually installed, and no payment will be made
until the entire project Is completed and accepted by the Owner. The Owner
also reserves the right to make adjustments in the proposed fence alignment,
number of gates, and gate locations, providing those adjustments are made
prior to beginning of erection of the fence.
END OF DETAIL SPECIFICATIONS
29
1 e,+, l 1 w l
~ .
\ Fu. i
~ .F _
` :,.E
yd~ l
b „y !
j!, iti. l 1t .+r+!~~Bw7"~+M~++ ' rS ~.,5,~„! - y - +.a~ ,,,r,.+.~,.,;c~ ~ , ~ ,4,~ 1.. ~~L•n!' ,
~ c '
IV?rah 709'Rood
?BrO~poublq ~ 'r .
Aepr-ac, .5 Ch 91W
Colt ~ Guvrc~ i~ Al~9nrntn ~ r
thFs paFnf
DENTON y>>~ I
a 414,N
yr
go,
JI ri M y+~Elmf off
E
OE,V roiv \ (PRO J ECT.<
SEWAGE TY EATMENI' P4A N _ 00"~tmpr 4 ` sire,
C-xrshny Fence / 4?,5
on &6 N
\ ~ y
LOCATip N UAP
(b' `Z
o
f
'f r Inferior
I NO7'r5 14013 Past 10.
I A pimenslons oPproper'ly 11nes ono' Posf Posf
en /ix~ Pence ore shown -new Pence fib Wire
shot! be P. 011 rns,de properly lines Wiro Mesh
2 6X411n9 fence S/70///70/.6C nemoved
until new Pence /'s erecled unless
lemloorory borrrer rs ,oroVioe&d. P1o1;1
tp i
SIM mvil be oraPeofedfrom I,veslock W17t-
New Fence 1 r
entry at o/l tanes• 1,4oufh .iSr 1 ; Y t~ rl
Corner
~ ~ Pos a'
a'~ --Fx~alin9 Fence on EXISTING FENCE
20.0 DovbFc 1 /1" sov>h 874.75' 4:Newfrn0e
t2ol lcoeo! DEN70N, TEXAS
LAYOUT" N SEw,aoe aNt SITE FENCE
scale, t a~ loo/ PLAID AND DETAILS
O""'H 5' .`REESf d N4 NOIS OTNl91D5
:KKD. ECG Utiti`ATNi 1N91~1CG4 ~~T'~~9~5