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1973
DENTON, TEXAS UTILITY DEPARTMENT PLANS, SPECIFICATIONS, AND CONTRACT DOCUMENTS FOR DEMOLITION OF OLD SEWAGE TREATMENT PLANT CONTRACT 73-8097 OCT05ER 1973 f A FRE'ESE AND NICHOLS Consulting Engineers TABLE OF CONTENTS NOTICE TO BIDDERS Page INSTRUCTIONS TO BIDDERS a PROPOSAL b MINIMUM WAGE SCALE d CONTRACT AGREEMENT f PERFORMANCE POND 1 PAYMENT BOND 3 GENERAL CONDITIONS OF AGREEMENT 5 7 DETAIL SPECIFICATIONS 1. Scope Concrete and Masonry Structures 27 3. Blasting 27 4. Excavation and Backfilling 27 5. Facilities to Remain in Service 28 6. Salvage of Materials 28 7. Payment 28 28 4 loft NOTICE TO BIDDERS 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 item: CONTRACT 73-8097 DEMOLITION OF OLD SEWAGE TREATMENT PLANT 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 office of the Director of Utilities. Copies may be procured without charge from Freese and Nichols, Consulting Engineers, 811 Lamar Street, Fort Worth, Texas. A cashier's check, certified check or acceptable bidder'e bond payable to the City of Denton, Texas, in an amount not less than five (5%j percent of the bid submitted, must accompany each bid as a guarantee that, 11 awarded the contract, the Bidder will, within tea (10) days of aware, 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 pries, the City of Denton, Texas, reserves the right to adopt the most advantageous construction thereof, or to reject any or all bids, and waive formallties. No bid may be withdrawn within thirty (30) days after date on which tads are opened. CITY OF DENTON, TEXAS James W. White City Manager a INSTRUCTIONS TO BIDDERS 1. PROPOSAL FORM: Bidders shall Elise the proposal form included in the docuine`S, Proposal forms are to be left attached to documents in same manner as received by Bidders. Supplemental data to be furnished shall be included in same sealed envelope with Proposal. 2. DELIVERY OF PROPOSAL: It shall be the Bidder's responsibility for the aenwy-ors o s proposal at the proper place by the time stated in the Notice to Bidders. The mere fact that a proposal was dispatched will not be considered. Each proposal shall be in a sealed envelope Plainly marked with the wurd "PROPOSAL" and the name or description of the pro- foct as shown on the front cover of the Contract Documents, 3, BID SECURITY: Each bid must be accompanied by a certified or cashier's cherV-r an approved Bidder's bond made payable to the Owner in an amount of five (5%) percent of the largest possible total of the bid as a guarantee that, if awarded the contract, the Bidder will enter into a contract and eyecote all necessary bonds. 4. PPEEM E AND PAYMENT BONDS: Performance and nrsourt o nn o0 eesss~ a~i n hunTed percent (100t) of honcontractiprithe ce :rnditioned upon the faithful performart;e 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- cuted 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 b the latest revision, Treasury Department Circular 5700 listing companies holding certificates of authority from the Secretary of the Treasury as acceptable sureties on federal bonds. The period of the Performance Bond shall be extended one year from the date of acceptanace of all work done under the Contract, to cover the guarantee as set forth in the Special Conditions. ;u. 5. BIDDER'S KNOWLEDGE OF CONDITIONS: Prior to submission of a proposal, bidders s a aye ma e a t oroug Inspection of the site of the work and a thorough oramination of the plans and specifications, and shall become informed as to the nature of the work, labor conditions, and all other matters that may affect the cost and time of completion of the work. 6, INTERPRETATION OF DOCUMENTS: If any person contemplating submitting a b1 or a propose con roc is in doubt as to the meaning of any hart of plans, specifications, or other proposed Contract documents, he may submit to the Engineer a written request for an inter retation thereof prior to 40 hours of the time for opening of kids. T~e person submitting tko request will be responsible for its prompt delivery. Any int„rpreta- tioM of thes;, documents v.111 be made only by addendum duly issued and a copy of such addendum will be mailed or delivered to each person receiving b a set of such documents, The Owner will not be responsible for any other explanations or interpretations. 7. AWARD OF C)NTRACT: The Owner reserves the right to award the contract bass on is decision as to the best bid submitteu. 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 • c PROPOSAL Denton, Texas December 6- , 1973 PROKSAI OF American Empire Construction Company a corporation organized and existing under the laws of the State of a partnership cons{st'ng of the business name of C. Jones i 'f0: Mr, James W. White City Manager City of Denton, Texas Pursuant to your "Notice to Bidders", the undersigned heraby proposes to do all the work and furnished all necessary superintendence, labor, machineryy, equipratnt, 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 proposal 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: .L rice toEbeRWrittten in Words} TOTAL AMOUNT BID For demolishing Old Sewage Treatment Plant, backfilling structures, dis- posing of materials, grading site, etc., complete as required by Plans and Specifications, the lump sum of Twelve Thousand, Four Hundred b~No/100 Dollars s 12,400.00 d ~I , The urdersigned 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) dzys after written notice to commence work, and to substantit+lly complete the work on which he has bid within 30 consecutive calendar days. The undersigned acknowledges receipt of the following addenda: Addendum No. 1 _ Addendum No. 2 Addendum No. 3 _ Enclosed with this proposal is a Cashier's or Certified Check for Six Hundred Twenty and No/100 (S 620.00 ) Dollars, or a Proposal Bond in the sum of )Dollars which it is agreed shall be collected and retained 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 reception of bids and the undersigned falls to execute the contract and the required bond with the M er, 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, Ameri Empire Construct n Company Jimmy C. Jones 1330 Forrest Drive Canton, Texas 75103 ress (SEAL) If Bidder is a Corporation e MINIMUM WAGE SCALE anddprevailingtlocalOwages~ Texas, to accordance The withrthess hatutoryverequibeen Overtime shall be paid for at the rate of one and one-half (1-112) times the regular rates for every hour worked in excess of forty (40) hours per week. CLASSIFICATION RATE CLASSIFICATION RATE PER HOUR PER HOUR Air Tool Man $1.70 Concrete Paving Longit. Float $2.25 Asphalt Heaterman 2.25 Concrete Paving Mixer 2,00 Asphalt Raker 2.00 Cuncrete Paving Saw Batching Plant Scaleman 2.00 Cuncrete Paving Spreader 2.50 Carpenter, Rough 2.50 Crane, Clamshell, Backhoe, Derrick Concrete Finisher (Paving) 2.75 Dragline, Shovel, (Less than 2.25 Concrete Finisher Helper (Paving) 2.00 1-1/2 C.Y.) Concrete Finisher (Structures) 2.50 Crane, Clamshell, Backhoe, Derrick, Concrete Finisher Helper ($tr.) 1.90 Dragline, Shovel (1-1/2 C.Y. 2.b0 Concrete Rubber 2.00 Over) 1.10 Flagman 1.60 Crusher d Screening Plant Op. 1.7 Form Builder (Structures) 2.00 Elevating Grader 2.00 Form Builder Helper (Structures) 2.00 Form Loader 3 00 Form Liner (Paving & Curb) 2.60 Foundation Doill Operator 2 Form Setter (Paving & Curb) 2.50 Foundation Dr. Op. Hel er Form Setter Helper (Pav. & Curb) 1.90 Front End Loader 1 C.Y. & Less) 2. Form Setter (Structures) 2.25 Front End Loader Over i C.Y.) i Laborer, Common & Unlisted Hprs. 1.60 Hoist Double Drum.S Less) 2.00 Manhole Builder, Brick 2.50 Hoist Over 2 Drum.!) Mechanic 2.60 Mixer Over 16 G.F. },20 1 Oiler 1.90 Mixer (1F C.F. & Less) 1 50 i Painter (Structures) 2.60 Motor Grader Operator P" :driverman 2.50 Motor Grader Op., Fine Grade 2.700 Pipelayer 2.00 Paint Striping Machine 1.15 Pipelayer Helper 1.75 Pumpp Crete 2.10 Pneumatic Mortarmar, 1.60 Roller, Steel 'Wheel Powderman 2.85 Roller, Pneumatic (Self-Propelled) 1.70 2.00 Scrapers 2'25 Powd Helper Scraper, Fine Grade 2.5C power Equipment Operators. 2.25 Self-Propelled Hammer 1.60 Asphalt Distributor Asphalt Paving Machine 2.25 Sid. Boom 2.25 Bulldozer 2.25 Tracte)r Crawler 'f pe)80 HP & Less 2.00 Bulldozer, Fine Grade 2.50 Tractot• (Pneumatic) 80 HP & Lass 1.80 Concrete Paving Curing Mchn. 2.25 Tractor, Over 80 HP 2.1 Concrete Paving Fin. Machine 2.50 Travelinj Plant (Stabilization) 2.25 2.00 Concrete Paving Form Grader 2.00 Trenching Machine ~r;Lavyt 2.75 f CLASSIFICATION RATE CLASSIFICATION RATE PER HHOUR PER HOUR Wagon Drill or Boring Machine $2.00 Truck Drivers; $ Reinforcing St~us Setter Paving) 1.75 Transit-Mix 1.75 Reinforcing St el 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 2.00 Welder 2.50 Swamper 1.75 The CONTRACTOR shall comply with all State and Federal laws applicable to such work. The above are minimum rates. Bidders shall base heir bids on rates they expect to pay, if in excess of those listed. The OWNER will not consider claims for extra payment to CONTRACTOR on account of payment of wages higher than those specified. I 9 CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTO_N 4 'PHIS AGREEMENT, made and entered into this 26th day of December, A.D., 1911, 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 First Part, hereinafter termed the OWNER, and Americrn Empire Construction Company of the City of Canton County of Van Zandt and State of Texas-.-, Party of the Second Part, hereinafter Lermed CONTRACTOR. WITNESSETH, That for and in zonsideration of the payments and agreemr;nts hereinafter mentioned, to be made and performed by the Party of the First Part (OWNER), and under the conditiothe Second ns expressedain (the bonds CONTRACTOR) bearing even date herewith, the said Party e hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improverents described 's follows: Contract 73-8097: Demolition of Old Sewage Treatment Plant and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement; and at his (or their) orpn proper cost and expense to furnish all the materials, supplies, machiner'y' equip- ment, tools, superintendence, labor, insurance, and other accesso;-i%s and services necessary to complete the said construction, in accordance with tree condition: 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 to Bidders, and 0E Perfcnnance 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 AND NICHOLS, 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 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 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 Con- tract, 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: J ~ CITY CF DENTON TEXAS arty o the First 'rear , OWNER w. X• y 8111 Neu, Mayor (SEAT.) Al'TEST AMERICAN EMPIRE CONSTRUCTION COMPANY y o e ?con a =,jNTFXC_T_FR to Jimrtw C. Jones (SEAL) 2 10/22/73 0, tttl PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON 0 o KNOW ALL MEN BY THESE PRESENTS: That Artierican Empire Construction Company of the City of _ Canton County of - van Zandt arid State of Texas as PRINCIPAL, and lkle,,nNy: tynL - e as SUAEfY, 'zed under the laws of the Sta 0 of Texas to act as surety on bonds t,., p, lncipals, are held and firmly bound unto the -City of Denton, Texas as OWNER, in the penal sum of Twelve Thousand Four hundred and 4o/100 Dollars ($12,400.00 ) 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 26th day of December , 1973 for the c~Nn,, struction of Contract 73-8097: Demolition of Old Sewage Treatment Plant i 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 sari contract agreed and cove- nanted by the Principal to be observed and performed, and'4ccording to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void: otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 61614 of the Revised Civil Statutes of Texas as amended 3 10-15-71 fiTATF.OFTi.U5 ss ACKNOWLIEDG1 ENT OF SURIETY Cmtnly of Dallas (Corporate Officer) On Ihls 26th day of December 19 ]fib re mc,a Notary Public In mud for salt] County, personally appeared D,• FULTON YICT ~'FrESt{n pr ^.ally known to me, who lxlnKbv meduly swort~sav !hat he Is the ffi ;r of ;,;c ,L F.STF,Riv SU Kl:Tl' COM PMO% a corporation duly organiztA and existing undrr the laws of the Stale of South Dakota, that the seal affixed to the foregoing Instrument Is the corporate seal of said corporation, that the sold In%trdtnent was signal, sealed and executed on behalf of said corporation by authority of its Board of Direciors, and further acknowledge that the said in- strumenl and the exe ution there.if to be the voluntary act and dyad of said corporation. IN WITNESS WHEREOF, 1 havehereunto subscribed my name and affixrd my official seal at Dahas, Texas, the day Mid year last above wrim n. mi conunlssiou expires ) JUN 11975, \'i,lnn i'ulili~ ti3 r I r by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED sha©l lie FURTHER in ER5 Dthat entonf any legal action State of filed TexQson this bond, venue Surety, for value received its tipulates and agrees that no change, extension of time, alteration or add ion 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 igned and sealed this instrument this 26th day of December 19 3 , American Em ire Construction Company bQr(~C~~.d~ : --primal 3uret Y By By` - Title Jlmrnv C. Jones Title M. D. FULTON vicE PRESIDENT Address 1330 Forrest Drive Address Y Canton, Texas 15103 (SEAL) (SEAL) The name and address of the Resident Agent of Surety, iIs,: C' S4„~ l n~~ NOTE: Date of Bond must not be prior to date of Contract. 4 10-15.71 k " ~o~yyq ~pj~ • Cad O n ~ O+ p, dC A p4?' p. 7 C p, v °i o d ~ k a'S v ~ eo ~90~~ x O A F e n G d ~ v J aariOjvi ~QQ l; w= r v 9:11 i 1.00 1 C5~ 0: 8K C v,' .°~o ~b P, M 3 o ~"i" E%~Stt~~-i6 ,gM o~w~.8o ~ W w ~ ! f OL O V g n 1 Ato vJE~~o~,i ~N r J3 Ile F r'i J .6 r~ p .s]jR TM 1Y RA .yam ~ ~ W y ~ A 4 ~ ~ rf x~j{ ro+ Vyrsy~ v .dp M y~VjHr%1 Vry~ y4 N J4 `c ~ is . F zn d ~7 . JAI ~w A aft ~ r: 8 ~ . 0 3 16 *4 M T ~ d b3I , 9 e -7 t.'VO ~ ;L1 PAYMENT BOND STATE OF TEXAS I COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That erican t4ire Construction Company , of the City of Canton County of Van Zandt , and State of Texas , as PRINCIPAL, and ~~LA Qjc~i?~~ rnrc~'~rfl~_ 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 Twelve Thousand Four Hundred and No/100 Dollars 12,400.00 for the payment whereof, Me-said r nc pa anFSurety bind themselves and their heirs, administral-ars, 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 26th day of December , 1973 for the construction of Contract 73-8097: Demolition of Old Sewage Treatment Plant , 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 SUCH9 that if the said Principal shall pay all claimants s,iapplying labor and material to him or a subcontractor in the prosecution of the work provided for in %aid contract, then this obligation shall be void; otherwise to remain in gull force and effect; PROVIDED, HOWEVER, that this bond is executed pars-jant to the provisions of Article 5160 of the Revised Civil Statutes of Ie(as as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Denton County, State of Texas. 5 10-15-71 Surety, for value received, stipulates and agrees that no change, performed alteration or addition plansr,especificationscortdrawings extension he work of to the same, shall in an)-,+ise 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 26th day of December., 19 13 American Em ire Construction Co.- Surety r nc pa By Title Jimmy C. Jones Title D ruimra v~~e pRrs~UENT Address X330 Forre5 Drive Address Canton, Texas 73103 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: C _.1 - ilea ~1toF~f~1 - Note: Date of Bond must not be prior to date of Contract. t 6 10-15-11 m) $ V a a M f u Y r, 4 n Q ~i H V lJ O y ,~gE`` J! ~wgd6c yak r' d 4 C O ~ O O /J A C Y,c0 J «99 w O ,%G$ 7 ~j 16r~' tlN a M yy ~ p v NE aEa~ 4asa a p~ya~o J ~ ~ ~ ~ `i 9 } v! R7 it a a Y F+3~cC►i~' rF+ CI d -4- so py O F w y N d ~ ~ k~ ii ~tn I J 06 y 11 „e NO~d o a~~E t+.WY.dy ~ ~ ~y r~ o al' O' Y . ail o 41 -46 t 9 o R's H n. ~A ro 3A ro i 4P to M s F u f y C1 ~ VgC F. q n c I, it 1'' f1l, ILI ILI ' t GENERAL CONDITIONS OF AGREEMENT 1. OEFINITIONS OF TERMS 1.01 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and the ENGINIC'kare t ose persons or organizations identified as such in the Agreement and are referred to throughout the Contract Documents as if singular in number and masculine in gender. The term ENGINEER means the ENGINEER or his duly authorized representative. The ENGINEER shall be understood to be the ENGINEER of the OWNER, and nothing contained in the Contract Documents shall create any contractual or agency relationship between the ENGINEER and the CONTRACTOR. 1.02 CONTRAr.T DOCUMENTS, The Contract Documents shall consist of the Notice to Bidders Advertisement), Instructions to Bidders, Proposal, Special Conditions, Signed Contract Agreement, Performance and Payment Bonds, Special Bonds (when requircd),•General Conditions of Agreement, TechnicaV Specifications, Plans; 'and all modifications thereof'%600orated in any'bf'the documents befove'execotion of the aq msrent The Contract Documents are complementary, and what is called for by any one shall ba 4 s binding at, if called',for by'ali.A N'Icise of conflict between any of the Contract Documents, priority of interpretation shall be in the followih order: Signed Agreement; PerforMancO'Ahd Payment londsi SDecta, eonds,(i ~ahy), Proposal,~Special Conditions of Agreement, Notice to~Con- =tractors, Technical Specifications, Plans,' 'and General Conditions* ~,r Agreement. 1.03 SUB-CONTRACTOR. The term Sub-Contractor, as employed herein A n - ccTunes only those aving a direct contract With,the CONTRACTOR and'it in cludes one who furnishes material worked to a special design according to the pplans or specifications of this World but does not include one who merely furnishes material not so worked: L1.04 WRITTEN NOTICE., Written notice shall be deemed to have been duly serve3Af 3e M min dersbn 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 sent by registered mail to the last business address known to hitf who gives the notice. 1.05 WORK. :The CONTRACTOR shall provide and pay for all materials, supplies, mac ifery, equipment, tools, superintendente,llabo'r, services`, insu ante, and all water, light; power'; fuel; t1^ansportation and other facilities,neces- sarylfor the execution anu completion of~the Work. covered by the contract documents. Unless otherwise specified, all materials shall be neW'and both' workmanship and materials shall be of a good quality. The CONTRACTOR sh111, If required, furnish satisfactory evidence as to the kited ahd quality of4 materials, Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recog nized standards. 7 10-15-71 1.06 EXTRA WORK. The term "Extra Work" as used in this contract shall be un erstoo to mean and include all work that may be required by the ENGI- NEER or OWNER to be done by the CONTRACTOR to accomplish any change, alteration ne addition to the work shown upon the plans, or reasonably implied by the specifications, and not covered by the CONTPACTOR'S Pro- posal, except as provided under "Changes and Alterations", herein. 1.07 WORKING DAY. A "Working Day" is defined as any day r,cit including Saturdays, Sun ays or any legal holidays, in which weather or other con- ditions, not under the control of thf! CONTRACTOR, will permit construction of the principal units of the work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. 1.08 CALENDAR DAY. A "Calendar Day" is any day of the week or month, no days e ng excepted. 1.09 $UBSTAIVTIALLY COMPLETED. By the term "substantially completed", is mean a t e s ructure`has een made suitable for use or occupancy or the facility is in condition to serve its intended purpose, but still.may. require minor miscellaneous work and adjustment. 2, RESPONSIBILITIES OF.THr ENGINEER AND THE CONTRACTOR 2iO NER-ENGINEER RELATIONSHIP, The ENGINEER will be the OWNERS rwe- senta ve ur ng cons ruct on. . e,duties; responsib►,ities,end limitations of authority of-the:ENGINEER as the OWNER'S representative during construction are as set forth in the Contract Documents and shall not be extended.or . limited without written consent of the OWNER and ENGINEER. The ENGINEER will advise and consult with the OWNER, and all of OWNER'S instructions to the CONTRACTOR shall be issued through the ENGINEER 2.02 PROFESSIONAL INSPECTION BY ENGINEER. The LNG,NEER shall make v is its to t e s to to fam ar ze ruse f generally with the Pre9ress~~fodic the executed work and to determine if such work generally meets the essential performance and design features and. the technical and functional engineering requirements of the Contract Documents; provided and except, however, that the ENGINEER shall not be responsible for making any detailed, exhaustive, comprehensive orscontinuous on-site inspection of the quality or the work or be in any way responsible, directly or indirectl, for the quantity of construction means, methods, techniques, sequences, quality, procedures, programs,, safety precautions or lack of.same incident thereto or in con- nection therewith. Notwithstanding any other provision of this agreement or,any;other Contract Document°, the;ENGINEER.shall not be in any way re sponsible,or liable for,any,acts, errors, omissions or negligence of the CONTRACTOR, any subcontractor or any of the CONTRACTORS or subcontractor's Agents, servants or employees or.any other person, firm or corporation performing or attempting.to perform any of the work. 2,03 PAYMENTS4OR WORK. The ENGINEER shall review CONTRACTOR'S applications o`r payment and ;upp ing data, determine the amount owed to the CONTRACTOR 8 10-15-71 and approve, in writing, payment to CONTRACTOR in such amounts; such approval of payment to CONTRACTOR constitutes a representation to'the OWNER of ENGINEER'S professional judgment that the work has progressed to the point indicated to the best of his knowledge, information and belief, but such approval of an application for payment to CONTRACTOR shall not be deemed as a representation by ENGINEER that ENGINEER has made any examination to determine how or for what purpose CONTRACTOR has used the moneys paid on account of the Contract price. 2,04 INITIAL DETERMINATIONS. The ENGINEER initially shall determine a claims, spu es awn _o-trier matters in question between the CONTRACTOR and the OWNER relating to the execution or progress of the work or the interpretation of the Contract Documents and the ENGINEER'S decision shall be rendered in writing within a reasonable time. Should the ENGINEER fail to make such decision within a reasonable time, appeal to arbitration may be taken as if his decision had been rendered against the party appealing.` 2.05 OBJECTIONS. In the event the ENGINEER renders any decision which, in a op n an'of either party hereto, is'not "in accordance with the meanie and intent of 'this contract; 'either party may file with the ENGINE?R within thirty days, his' written objection to the decision, and by such'"action may reserve the right to submit 'the `question'to raised to arbitration as hereinafter provided. ' 2.06 ,LINES AND GRADES. 'Unless otherwise specified, all lines and grades s a urns e y the ENGINEER `oh his' representative. Whenever'neces- sarys construction work shall, be suipendedIto permit 'performance of this work but such 'suspension will be as brief as practicable and the CON- TRACTOR `shall be allowed no extra, compensation therefor. The CONTRACTOR shall' give the' ENGINEER ample notico of the time, 'and place 'wh'e're -lines` and grades 'will be needed. All stakes, marks,, 'etc., shall be carefully preserved by the CONTRACTOR, and in' case of careless destruction or re- moval by him or his employees, such stakes, marks; etc., shall be' replaced at the CONTRACTOR'S expense. 2.07 CONTRACTOR'S DUTY AND SUPERINTENDENCE, The CONTRACTOR shall give adequate attention to the a t u pros~ecut-ion and completion of this con tract and shall keep on the ii-k, during its proggress, a competent superin- tendent ahd any necessary asa.atants.' The superintendent shall represent the CONTRACTOR in his absence and all directions given to him shall be bindinglas if°given to the CONTRACTOR. The CONTRACTOR is and at all tiMes,shalV remain an independent contractor, solely respCnsible'for' the' manner and method of completing his work under this!contraGt,':with full pOwer'and authority to select the means, methdd and manner of performing such work, So long as such'methods`do not, Adversely affect the completed improvoments6'the OWNER. and ENOINEER`beioq interested only in the resul, obtained and confdrmlty'of`sUch completed'im rov&entt'' to the plans, specifications and contract, 9 10-15-71 Likewise, the CONTRACTOR shall be solel,o responsible for the safety of himself, his employees and other persons, as well as for the protection of the safety of the improvements being erected and the property of him- self or any other person, as a result of his operations hereunder. Engi- neering construction drawings and specifications as well as any additional information concerning the work to be performed passing from or through the ENGINEER shall not be interpreted as requiring or allowing CONTRACTOR to deviate from the plans and specifications, the intent of such drawings, specifications and any other such instructions being to define with par- ticularity 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 incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, 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 con- struction$ or any clarification of plans and specifications, by the ENGINEER, or any agent, employee,, or.representative of either of them, whether through personal observation on the project site or by,means, of approval of sh.gp drawings for,temporary construction. constructig4 processes, or by other means or method, is agreed by the t6_, TRACTOR.to be,for the purpose of observing the extent and nature of work completed or being performed, as me me for,asured thagains,t,the drawings and spegifications gonstituting the contract, e purpose of enabling CONTRACTOR to more fully, understand the plans and `necifications so that the completed construction work will conform . thereto,; and shall in no way relieve the CONTRACTOR from full and complete responsibility for the proper performance: of,.hi,s work on the pproject, in" = cluding,but without limitation the proprie,ty,of means and methods of. the CONTRACTOR in performing said contract, and the adequacy of any designs, plans or other facilities for accomplishing such, performance.- Deviation by the CONTRACTOR from plans and specifications that may have been in evidence during any such visitation or ehservation by. the ENG:NEER,.or any of his representatives, whether called to the CONTRACTOR'S attention or not shall in no way relieve CONTRACTOR from his responsibility to complete all,work in accordance with said plans and specifications. 2.08 CONTRA CTO rS U DfRSTA DING, It is understood and agreed that the CONTRAVUR as, y 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 eqqu ment and facilities needed preliminary•to and during the prosecution ofie. work,,the;general and local conditions, and all other matters which can in any gray affect the work under this contract. No verbal.agreement or conversation with inyiofficer, agent or employee of the OWNER OR ENGINEER Other before.or.after, the execution of this contract, shall affect or, modify any of the terms or obligations herein contained, 10 10.15-71 2.09 CHARACTER OF WORWEN. The CONTRACTOR agrees to employ only orderly and coil-p;te'rt nn; sfcTMul 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 with- out tho ENGINEER'S written consent. 2.10 CONTRACTOR'S BUILDINGS. The building of structures for hous'ng men, or the erection of tents or other forms of protection, will be permitted only at such places as the ENGINEER shall direct, and the sanitary r,ndi- tions of the grounds in or about such structures shall at all ties be maintained in a manner satisfactory to the ENGINEER. 2.11 SANITATION, Necessary sanitary conveniences for the use of laborers on the wort, 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, 2,12 SOP OWINGS. The 'CONTRACTOR shall submit'to the ENGINEER,.with, 'such promptness as to cause no delay in his own work or in that of any other Contrdctor,:four .,checked, copi,es,,.unless otherwise specified, of all,shop and/or ~gtttpg drawings;`apd schedules,rggpii~d for the work of,the va^,ious trades, er.d_the,CNGINN shall_ pass upon them with reasonable promptness, making deslred,correctfons. The.f~QNTRACTOk shrill make any corrections re-,. qui~red b. the ENGINEER, file, with him wo cornected copies and,fprnish such, other copies a; mma'y oe, needed, CNMt:ER'$, approval of such drawin ; or. schedules shat not relieve the. CPNTRACTOA'from responsibility for devgi bons from drawings or specifications, unless he has in writing called the EN I NEER'S attention, to sueh,d ylations;,at the, time, of submission, nor shall it_ relieve }aim from resppnsibb~lityy for,'rr rsiof;env sort in shop drawings or schedules. It shall be the CON`IRAT R' responsibility to fully and Com- pletely review all hop,drawings.to ascgrtain their effect on his ability to perform, the reqqu red contract work in accordance with the plans and specifications and within the a ntract,time., Such review by the ENGINEER,shall,bg for the sole purpose of determining the suficigrcy of said drawing; or schedules,#0 result in finished improvements in* 66fgrnity;wit.h the plans and, snecifica ions, and shall not rellev@ thQ, CONTMC1OR of,his duty as an indepegdent contractor as previously set forth, it being,expressly understood and a9reR4 that the ENGINEER,does not assume; any duty to pass upon Ahe propriety,or adequacy of such drawings or schedules, or,any,meAn$ or methods reflected thergby, In relation to.the,safety.of either pe i n or property,4ur6g CONTRACTORS Performance hereynder,, 2}l.~pp~2Ei.I 1NARY ARPROVko the ENGINEER shall not have the power, to waive 1 'o~i110tions o s ; , tract ffor the furnishing by the CONTRACTOR of good giaterial, and of. hit performing good work as herein described, and in full accordance with the.nlans and specifications. No failure or omission of, the CNG l1E[ R, to disco+i6H, object to or condemn any defectivo work 'or . 11 10-15-71 . material shall release the CONTRACTOR from the obligations to fully and properly perform the cont~•act, incl,iding without limitations, the obligation to at once tear out, remove and properly replace the same at any time prior to final acceptance upon the discovery of said defective work or material, provided, however, that the ENGINEER shall, upon request of the CONTRACTOR, inspect and accept or reject any material furnished, and in event tits material has been once accepted by the ENGINEER, such acceptance shall be binding on the OWNER, unless it can be clearly sh wrn that such material furnished does not nPeet 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 it found not in accordance with the specifications for said work, all expense of removing, re-examination and replacement shall be borne by the CONTRACTOR, otherwise the expense thus incurred shall be allowed as EXTRA WORK, a% 'hall be paid for by the OWNER; provided that, where inspection or'appraval 14 -oecifically required by the specifications prior to performance of certain , ark, should the CONTRACIOR proceed' 'With' ihch' Work O thout requesting prior inspection or approval he shall pear ali,expenseof taking up, removing, and replacing this work if sb'directed by`the'EkbiN ftR. 2.14 bEFECTS'ANb TW EMEDIES. ' It is' further ageedd that if the'ivork or any thereof bray m er i brought on'the Site 'of th`e work' for use in t e work'br Selected'for`the seine, Shall be deemed by the tNG{NEER as unsuitabiotor'not in' cdhforinity'with the'specificationsthe'CONrpACtOR shall,"Whr receiet 'of written' notice th'erebf from the ENGINEER,- forthwits; refhove such material and rebuild hr otherwise remedy'such work so that it shall'be in full accordance'with this contract.' 2.15 CHANGES AND ALTERATIONS. the CONTRACTOR'further ag'riies that'the OWNER may mace'sOeh' Eanges and alterati6hts as the OW11ER. ayy seC fit, in ' the line, grade', form, d on: Siohs 'planf'or matorialr for' e work herein contemplated, or any part thereof,''either before br after the beginoi'ng of the construction, without affecting the validity of this contract and the accompanying performance and Payment Bonds. If such changes or altorations diminish the quantit, of the work to'be done, they shall hot conStitute'the basis for a clatm for.damagei, or anticipated profits bn the'workithat rhay be'dispensed"with; except as provided for unit price items under Section 5 "Measureme t'and Payment", `If the amount of work is increased, 'and the work'can fairy be classified°undee the soecifications,`such increase shat l'be paid 'fdr"according to the quantity actually done and'at'the unit price, if 'ariy,'established for such'work'Unddr this contract, except as provi& & for unit price items tinder Section 5 "Measurement and Payment"; otherwise, such additional work shall.,ae paid for as provided under Extra Work.` In case the'OgNER shall make tuch'.changet or alterations as sh'ail hake useless any work 'olr6ady 'done 'or ma+`,erial already, furnished dr,used in said worn; then the OWNER shall ree( pe'nse the CONTRACTOR for any material or labor s,) usAd, and`for, any 'actual loss oc- casioned by such change, due to actual expenses`incUrred in prepara'tion' for the work as originally planned. 12 10-15-71 3. GENERAL OBLIGATIONS AND RESPONSIBILITIES 3.01 KEEPING 07 PLANS AND SPECIFICATIONS ACCESSIBLE. The ENGINEER shall i*ut•n s tFieCONTRACTOR with an a equate and reasonaVle number of copilas of 311 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 E GINEER 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 believes it has employed competent engineers and designers. It is therefore, agreed that the OWNER shall be respcnsible for the adequacy of the design, sufficiencyy of,the Contract Documents, the safety of the structure and the practicability of the operations of, the completed project; provided the CONTRACTOR has ;.complied with the requirements.of -the said Contract Documents, all approved modifications thereof, and additions And alterations thereto approved in-. writing by the OWNER.; .The bqr Pn.of.proof,of such compliance shall be upon the CONTRACTOR to 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 iRIGHT: OF. ENTRY. The OWNER reserves the right to enter the property or .oca on on wh c .the works herein contracted for are to be constructed or installed, by such agent or agents as he may elect, for the purpose of inspecting the work, or for the purpose of constructing or installing such collateral work as sold OWNER may desirs. 3.05 COLLATERAL CONTRACTS. The OWNER agrees to provide by separate contract or,otherwise, alTTobor and material c,sential to the completion of the work specifically excluded from this contract, in such manner as not to delay the progress:of the work, ar damage said CONTRACTOR, except where such delays ara specifically mentioned elsewhere:in the Contract Documents. 3.06 DISCREPANCIES AND OMISSIONS, It is further agreed that it is the in- sent 67-`This contract that all`w`ork must be done and all material rr,ajst be furnished in accordance with the generally:accepted practice,; and in the event,of:any dlscrepancies;between the separate contract documents, the priority of,interpretation defined under "Contract Documents" shall govern. In the event that there is still any doubt as to the meaning and intent of any portion of the contract, 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 be respon-s-M a fr tl care, preservat on, conservafion, and protection of all 13 10-15-71 materials, supplies, machinery, equipment, tools, apparatus, acce3sories, facilities, all means of construction, and any and all parts of the work, whether the CONTRACTOR has been paid, partially paid, or not paid for such work, until the entire work is completed and accepted. 3.08 DAMAGES. In the event the CONTRACTOR is damaged in the course of the comp-Tenon of the 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 rill 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 or 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 lass for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss. 3.09 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC. The CON- shall at-all times exercise reasonable precautions 7 -or the safety of tumployees and others on or near the work and shall'comply with all ap- plicable provisions of Federal, State, ahd 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 Pre vention in Construction" of the Assdciated General Contractors of America except where incompatible with Federal ;'State, or Municipal laws or,'reggu- lations. The CONTRACTOR shall provide such machinery guards, safe walkways, ladders, bridge?, gangplanks, and other safety devices. The safety pre- cautions actuhllo taken and their adequacy shall 'be the solo responsibility of the CONTRACTOR,' acting at his discretion as an independent contractor. 3.10 PERFORMANCE AND PAYMENT BONDS. Unless otherwise specified, it is further ay reed by the parties to ffIS Contract that the CONTRACTOR will execute separate performance and payment bonds, each in the sum of one hundred (100) percent of the total contract price, in standard forms for this purpose, guaranteeing faithful performance of the work and the fulfills ment 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 Contractshall not be in effect until such performance and payment bonds are furnished and approved by the OWNER, Unless otherwise approved in writinq by the OWNER, the surety company underwriting the bonds shall be acceptable according to the latest list of companies holding certificates of authority 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 10-1F-71 3.11 LOSSES FROM NATURAL CAUSES. Unless otherwise specified, all loss or_(Tama9e to tW a CONTRACTOR arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circurn- 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 protect th6 a scent 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 or reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. The CONTRACTOR agrees to indemnify, save and hold harmless the OWNER and 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. I 3.13 PROTECTION AGAINST CLAIMS OF SUB-CONTRACTORS LABORERS)MATERIALMEN AND R S R CHINER ME D SUP CONTRACTOR agrees a a w n iii y an 'savea OWNER an TEER harmless`from,all claims growing out of the lawful demands of sub-contractors, laborers, workmen, mechanics, tnaterialmen and furnishers "of triachinery'and parts there- Gf,'equipment, paler tools, and all supplies; including commissary, incurred in the furtherance of the performance'df this 'contract; ,When so desired,by the OWNER, the CONTRACTOR shall furnish satisfactory evidence that all'obli- gations of the nature F ereinabove'designated i;ave been paid ,''discharged 'or waived, If the CONTRACTOR fails so to do, them the OWNER may at the 'option of the CONTRACTOR either pay directly any unpaid bills, of which the OWNER' has writteh 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 furnish;, that all liauilities have been fully discharged, whereupon payments to the CONTRACTOR shall be resumed in fullin accordance with the terms of this contract, but in no event shall the provisions of this sentence be construed to impose any obli- gation upon the OWNER by either the CONTRACTOR or his Surety. 3.14 PROTECTION AGAINST ROYALTIES, OR PATENTED INVENTION. The CONTRACTOR saTl pay a 1 ro Tt-ies an-(T'ficense fees, an sha I provide for the use of any design,.device, material or process covered by letters patent or copy- right by.suitable legal agreement with the patentee or owner, ,The CONTRACTOR shall defend all suits or clafias'for infringement of at,y'patrnt or copyright rights and shall indemnify and save the OWNER and ENGINEER 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 particula.• design, device, material, or process or the product of a particular manu- facturer or manufacturers is specified or required by the OWNER; provided, however, if choice of alternate design, device, material or process is 15 10-15-11 allowed to the CONTfU TOR, 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. 3.15 LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe and Comply w a e era , 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 and ENGINEER against any claim arising from the violation of any such laws, ordinances, and regulations whether by the CONTRACTOR or his employees, except where such violations are called for by the provisions of the Contract Documents. If the CONTRACTOR observes that the plans and specifications 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 la;+ from which it derives its powers insofar as the same regulates the ob,jectsifor which, or the manner in which, or the conditions under which the OWNE:R,may enter into contract,.shall be controlling,:and shall be considered as part of this"contracti.to the same effect, ,as.though'embodied'hereln, 31 161 $S 'GNkAT ND SUBLETTING The.CONTRAVOR,further, agrees that he will retain p6, on3 contro and we'll give, hit personal attention to the-fulfili- ment of this.contract and that he will not assign by'Power of Attorney, or, otherwise, or sublot said contract without the written Consent of the ENGINEER, and that no part or feature of the work will be s-iblet to anyone objectionable to the ENGINEER or the OWNEk. •The CONTRACTOR further aggrees> that the subletting Qf any portion or feature of the work, or..,iaterials required An the performance of this contract, 'shall not relieve the CON- TRACTOR from his full obligations to tho OWNER, as provided by this Agreement. 3.17 ItIDEMNIFICATION, The CONTRACTOR shall defend, indemnify and hold a~rm`7ess t eiANER and the ENGINEER and their respective officers, agents and employees, from and against ail damages, claims, losses, demands, suits, judgments and costs, including reasonable attorneys' fees and expenyes, arising out of or resulting from the performance of the work, provided that any such damages, claim, loss, demand, suit, judgment, cost or expense: (l) Is attributable to bodily injury, sickness; disease or., death or to injury to cr:destruction of tangqible property., (other than the work itself) including the loss of use resulting therefrom; rind, (2) Is caused.in'whole or in part by any negligent act or omission of the,Contrdctor, any,SubcontrattOr, anyone directly or indirectly employed by anyone of them or anyone for whose acts any of them may be liablef re- gardless of whethr;r or not it is caused in part by a party indemnified hereunder. 16 10-15-71 The oblyaof thefENGINEER% hisOa entsrorhemployeesaarisirglouttOfxthedprepa- liability of ration or approval of maps, draw ngs, reports, surveys, Change Orders, designs ons or specifications, or the giving o? ohreemfailure to ive ployaes, providedrsuch givingior • str~uctions by the EdG1NEER, his failure to give is the primary cause of the injury or damage. 3.18 INSURANCE. The CONTCTR at his own as will protectnhimsfrom claimsssetmforthin an ew ich orce such ins below which may arise out of or result from the Contractor s oSubacontractarr the Contract, whether such operations be by himself or by any or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (1) Workmen's compensation claims, disability benefits and other similar employee benefit acts, in accordance with statutory requirements; (2) Claims for ddisease, or death bodhiily in empl yees,uandiclaims sickness or amount . . insured by usual bodily~ry liability coveragersonnand for of not less than $100,000% for injury to one p not less than $300,000,00 for one accidents (3) Claims for,damages because of,bo.nihisinju ayesickdessc6risease,, irueath of any pars n.p.ther.1 abi11 y;coyerayes,,.in a aunt rqd by 4sual:ao 1y. n ury•. . ofsnqt ;less than,,#1 ,0~ .~0 for injury to one person a~ , fo.r, ,,,not less thaq,$3d0►004 for One accident; , {4} Claims for damages because of injury use resultinnttherefrom,, 1 tangible property, including 1 ss, of in an amour'; of not less, han ~,~b,000.00 for one accident atos and not less-than $100,00 ,00 aggreg (5 Glaimsrfor damage. because o'f an automobile accident ~n amount of not less than,1100000.00 for. injuries to one ppeersons and not than $300,000.60 for one accident and autanobile damage less insurance in amount of not l,ess,than $501000.00; and (6) The COS{TRACTOR shall procure, otaOnlyi shal l covers thef C011TftACtOR 'but Protective Insurance Which nWhich shall cnver ali 6 the Contractor's Sub-Contractors, in an, , amou,it of not less than $100,00Q,60J6 injuries to one person and: not less than $300,000.00 for one accident. CERTIFICATE OF INSURANCE. Before coy mencusurance of the able•tuO'the ODOR 3.18.1 va Certificates of I n 5a ,t:. policiesCertificates will rotlbeccancelledRuntiliat least OWNER and the ded0,under theSuch coverages affo fifteen days prior written notice has been given to the OWNER., The CONTRACTOP shall also file with the OWNER valid Certificates of Insurance covering all sub-contractors. 10-15-71 17 4. PROSECUTION AND PROGRESS 4.01 TIME AND ORDER OF COMPLETION. It is the meaning and intent of this contract. unless otherwise erg.. n specifically provided, that the CONTRACTOR shall be allowed to prosecute his work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and 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 specifications, and within the time of completion de- signated in the Proposal; provided, also, 0 at when the OWNER is having other work done, either by contract or by his own force, the ENGINEER may direct the time and manner of constructing the work done under this contract, so that con- flict will be avoided and the construction of the various works being done for the OWNER shall be harmonized, The CONTRACTOR shall submit, at such times as may reasonably be requested by the ENGINEER, schedules which 'shall show the order in which the CONTRACTOR proposes to carry on the work, with dates at which the CONTRACTOR will start the several parts of the work, and escimated dates of completion of the several parts. 4.02 EXTENSION OF TIME Should the CONTRACTOR be delayed in the completion of the work by an, ac or ~ieglect of the OWNER or ENGINEER, or of 'any employee of either, or by oti;er contractors employed by the,OWNER,''or by changes ordered in the work, or by strikes, lockouts, fires, and unusu 1 delay by common car e'H,' or unavoidable 'eause br Ca,y ' 'beyond the CO TRACTOR 5'c'ontrol, or by any cautd whl6 Ahe ENGINEk sh'411 00 de tifies the delby then an ex- censidn''of tide sh`a11 be 'allowdd for' ) cpr pletld "thi4drk'i-qufficlent to com- pensate fors"the' delay 'the omouht of the' 6 s{on 6 be d terlliined by the ENGINEER, provided, howeder,''that'the MORON shall :jive the ENGINEER prompt notice in writing of the cause of such delay. 4.03 HINDRANCES 'AND MAYS*, No cla,i'mS s,h'all.be,made by the CONTRACTOR for ama ages resulting rom n rances'or delays from''anyl cause (except where the work is stooped by order of the OWNER) during the'prdgr'ess of ''any portion of the work em6Maeed in this contract. In case said work shall be stopped by the act of the OWNER, then such expense as in the dtidgment of the ENGINEER is ca-ised by such stoppage of said Work shall be paid by the OWNER to the CONTRACTORR, 4,04 LIQUIDATED DAMAGES, The CONTRACTOR agrees that time is of the essence or this contract, an tat for each day of delay beyond the number of days herein agreed upon for the completion of the work herein specified and con- tracted for (after due allowance of such extension of time 'as is provided for under'. Extension of Time hereinabove), the OWNER 'may withhold p6 manently from the"CONTRACTOR'S total''compensation, the `amount per 'day given in the following schedule, not as a penalty, but'as'liq'uidated damages and for added expense for engineering supervision, etc., in connection with the project: Amount `Amount of liquidated Of Co tra'ct' Damages Per Da, $ 100,000 or less $100 100,001 to 500,000 1.50 5001001 to 10000,000 200 11000,001 to 200000000 300 Over 250009000 400 18 10-15-71 1 5. 4ASURDIENT A11D PAYMENT or cust 5.01 EASUREMENTStual. and/orocomputedslength,sareas e n w T`~, salad contjnts rovidedr and weight only shall be considered, unless otherwise specifically P 5.02 ESTIMATED UANE• This agreements including the specifications, done p ans an est mate, ndertenwhere thsh clearl all work eestimated qua titiesoare shownaformthErial estimating Various furnished w to be classes of and are totbeiused onlyfuasrnaishedbasiunder this are done and contract, they are app the probable e and work and that theractualeamountsofsworketo beodoneeand work. It is understood differ somewhat from these esti- mates to be furnished under this contract may. cont , and that when beeforbasis thefactualmamountdof such workrdoneiandhthe material method, payment shall furnished. es that he Where payment l 'for on eanticipatedtprofitseor0otherwiiseaoneaccoynt Of make no claim f damages, any differeences which may be found between the quantities of work actually done, case the t,~re material pctual~tainediiriethenprop~osal;contrract and the e however stim at ate idn quantities ract im cr,~ttempl'i;ed and co then either actual.;quaiitity of aril ntor-C f.11 ;~~tUdadua~'tityat'o'r,tuChsi , t0*,"e than, or 2096 20 less th'Ah th`e Qstimated or nri e 909 ~a1~ty td ,ds snail be entitled to 'a revised' consideration I .this Ar'e~tnerit, `uf~o. upon the porti66 of the work aboVe`or belcw 20i6 df the estimated q~l~ntity: ' ~IkU)rred in'the indtvidual' bid it, A "Major ttoplo thalI be construed 'to be any r cent of al to the total conha ctost, computeduon theabasisa r oftheaproposal5quantities and the total contract ct ;he contract unit prices,. A revised consideration is tob'reementmiasaprovided under eExtr'a W eklrisrties, otherwise by the terms of this Agreement', 5 PRICE OF WORK. In aliaandtthe tpletionnofhall work' bytthe CONTRACTOR, a ors eq pment apd ma h of all taterial embraced deli aind on the, l nfQ~isynwith the specifications and Sttipulatfo s ifi'this Contract ontract a in full l c co the C011TRACTOR the prices herein contained, the OWNER agrees to pay phis contract. in, the Proposal hereto arees fitos'r cich tist~chepri es in full' for, furnishing all The 000 ACTOR hereby ag p so fl t4rl,0 . a`d' all Cabo f Oequ.red elt andQtrtly aforesaid Agreemethesser~e andrthelrrholeUrrd b iinr an¢ P ~o this nt. i erea'f in tht mann@r and accOrdirtig . 5 04 i>ART Al PAYME ITS. On or before thReflaOtta p ravel or~mod ficetion a~stae-ble'r s a PPr i p }fie rs s mat to the ENGINE the preceding rbnth;"Sea's' rront bowngg as completely 05 pr'acti .r the'fooa1 value c the work done by the CIiTR11C1p up to and including the last day f statemQ?Ft th411 also include thevAlu cbtedaintoothe orkrials delivered on ',the site of tho work that are to fabnt 19 The OWNER shall then pay the CONTRACTOR on or 5efore the 15th day of the current month the total amount of the approved 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 lie retained by the OWNER under the terms of this Agreement. It Is understoo., however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR, the OWNER may - upon written recommendation of the ENGINEER - pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR; or the CONTRACTOR at the OWNER'S option, may be relieved of the obligation to fully complete the work, and, thereupon, the CONTRACTOR shall receive payment of the balance due him under the contract subject only to the conditions stated under "Final Payment". 5,05 USE OF COMPLETED PORTIONS. The OWNER shall have the right to take pos- sess,on o anTuse~any conn_r#j ed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions may not have expired but such taking possession and use shall not be deemed an ac- ceptance of any work not completed in accordance with the Contract Cocuments, If such prior use increases the cost of or delays the work, the COfTRACTOR shall be entitled to such extra compensation, or extension of time,''or both, as the ENGINEER, may determine. The. CONTRACTOR s all motify`'he ENGINEER when, the,CO RACTO 'S, iion, the t~e MW t is,, nr su stantially _gompleted,.,ahd, whep so{flof 4'g th TOR shah fern sh to the INGIN I: In yr~Ra'~det~ai ledel S,t' fnurifi fished wo,rft, The, ENT~l CE'R w 11, re,yiew, t e fi?ACTO $,:(st of, u t~fnfsfled h'ork 49 will add t~eret ;ugly it as th CON R. C 0R has failed, to'i,nol{rde The,"$$ubSahtial completion of the structur'e' or facility shah'not excuse the CO~ICRACTOR from performing,all of the work undertaken,,whe,thor of a minor 1qr:major, patyre, and ' thereby. completing the structure or facility in accvdance with o e;Contract Documents. 5.05 F'IIIAL COMPLETION AND ACCEPTANCE, Within ten (10} 'days' sifter 'the CblltACTOR as y ven the ENGIN,HK wr tten of ce that the work hss,been completed, or,sub- stantially,completed, the r1JG11i ER and the OWNER shall inspect the Work and within said time, if the work be found to be completed or substantially completed in ac- cordance with the Contract Documents, the ENGINEER shall issue to the OWNER and the CONTRACTOR his Certificate, of, Completion, and thereupon it shall Ibe the duty of the OWNER within ten (10),days to issu a Certificate ofAcceptance 'of the work to,,tho.CONTRACTOR, or, to advise the wiTRAtTOR in writing.oi,the reeson'for non-acceptance. 5.~) FI AYMENT. Upon the, issuance of the Ce'rtificate'of Camp Won, the tEeGlfl t s a prpceed, to,rnake filial. mea'su mehts; and propare, fina „ sfatement of v;al,ue of, a work: pe,rf6med; and,mayter#a~' fu nlshg under' t ` Qf Agreement and shall certiN sdme to the'.'OWfl , w o shay pay toh e WCOi1•RACTOR on or after the 30th day, and before the,35 day, after the date of'the terti- ficate of Completion, the balance due the, CONTRACTOR under tti~,e te~n5 of this Agreement,. ro,vided he,has' fully performed'his contractual obllgabns under the terms of, this contract; and said payment shall become duo' in' any a ont'upon said performance by.the CONTRACTOp. Neith r khe Cer iflcate of Acceptar nor the final ppayyment; nor an~yy provision ip t e Con`trac>'oocuments,;shall relieve,the CONTRA CTOA'of the obligation'Tor fulf#I Wnt of any warranty'wfilGh, y,be required, 20 10-15-71 5.U8 PAYMENTS WlTHNELD. The OWNER may, on account of subsequently dis- covered evidence, w ate belnecessaryito protectlhimseplfrfrom loss certificate to such extent as may acount 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. h work can be completed for the unpaid (e) Reasonable doubt that contract amount. balance of the (f) Reasonable indication that the work will not be completed within the contract time. When the above grounds are removed o the CCONTRAeTOOWNER n the . R pr aides aaSu ntyWBond satisfactory to the OWNER, whi protett held, payment shall be made for amounts withheld because of 'them. 5.09 DELAYED PAYMENTS. Should the OWN Effilato matement,ewhenopayhementN- e sr"sum named in any par or the CONTRACTOR;' a anti whe payment sum is due, then the OWNER shall pay shown as due nnumy usuch nlesstotherwite specifiedhef~"om thedueraaste',of cent iper al P eats„ and.1i~ial,Payments",,'until fully paid, which shall fully Partial Pang i to,the CONTRACTOR`grbwing out`of such delay in payment, but thet right but the right is s expressly e under thOialAPaymentsthetovattanyytimes be not promptly made, as provided ~~Par thereafter treat the contract as,abandoned by the OWNER and recover~com-: withh idsinraccordanceewi"thbtheoprovisionsoofr"PaymentsgWithhe~ldpayments are are withhe 6. EXTRA WORK~AND CLAIMS 6,01 CHANGE ORDERS: Withou~i~~aorderjadditidnsg de etionshor4revislo g a any t me or rom time to to tha,Work; such changes will bethue thorile bytChangeOrder to be preparo by the ENGINEER for execution by OWNER and . The Change ice, as, Order shall set forth . the Extra Work, andnanyhch angeninocontractrtime which may inafter sot forth for ' result from the Change. In the event the CONTRACTOR-shall-refuse to exedute a Change Order which bas` been prepared by the ENGINEER and executed by the OWNER', the ENGINEER inay 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 fincons stent with the overall intent of the Contract Documents and not involving an increase in Contract Price. If the CONTRACTOR believes that any minor change or alteration authorized by 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 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 Contract Price. Any request by the CONTRACTOR for a change in Contract Price shall be made prior to beginning the work covered by the proposed change. 6.03 EXTRA WORK. It is agreed that the basis of compensation to the CON- TRA o.r wor either added orf deleted by a Change Order, or for which a Fl.aim;for Extra Work is made shall be determined t,yone or more of, the following methods: Method (A) By agreed unit- prices; or Method (B) By agreed 11ImP•sumt.or ° Method (C) - If neither Method (A) nor Method (B) be a reed upon before the,Extra"Work;is,co:mnced, thM the CONTRACTOR thall be paid! the, "actual-field Cost" of 'the work, plus fifteen (15) per cent. In the event said Extra Work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field,cost" is hereby defined,to include the cost to the CONTRACTOR, of all workmen, such as foreman, timekeepers, mechanics and laborers, and materials, supplies, teams, trucks, rentals on machinery acid equipment, for the time actually employed or used on such Extra Work, plus actual transportation charges nec ssarily_incurred,-together with all power, fuel,, lubricants, water and sim lar operating, expenses, also all necessary :incidental expenses incurred directly on account of such Extra Work,"including Social Security,-Old Age, Bengfits and other payroll taxes, and,,a rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and - Property Damage and Workmen's,Compensation, ahd'all,other insurance as May be required by any law or ordinance, or directed by the 0"NER, or by them , aggreed to. The ENGINEER may direct the form in which acc.unts of the "actual fold cost" shall-be kept and the records,of these atcov;,ts,shall be made available to the ENGINEER. The ENGINEER or OWNER may also spetify.in writing, 22 before the work conmences, th4 method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the CONTRACTOR. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100 per cent, unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America. Where practicable the terms and prices for the use of machinery and equip- ment shall be incorporated in the Written Extra Work Order. The fifteen (15X) per cent of the "actual field cost" to be paid the CONTRACTOR shall cover ano 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 defined, save that where the CONTRACTOR'S Camp or Field Office must be maintained primarilyy on ac count of such Extra Word: 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 writin~ by the ENGINEER. In case,any orders or'Instructions , either oral. or wri ten, appaar to the CONTRACTOR to invol'e Extra Work for which,he should rB4eiV0 compehsation•or an adsustment in'the construction time, he, shall ma.ke;written,request t44 the ENG,RUA fbr written order nuthorW6§ such'ExtNa'Work. `Shbuld'a'd9ffer+:nce of opinion arfse as to what 0 Os or dost not constitute Extra Work, or as to the payment therefor,a6d proceed with ENGINEER insists upon its perf~~rmance,,the CONTRACTOR the work after making written request fb'r'written order and shall keep an accurat g accpynt gf,the "actual„fip~ld cost" thereof, as provided under , accurYhO 'CONTRACTOft'Wi11,'th'er6)-prct`#66'the right to, submit matter Of paybent tin arbitr'Oq n, as h &inb'elow ptOvided~ 6.04 T'IhlE OF FILING CLAIMS.' It, is further agreed by both, partie`s~ hereto t a a questions o,1sspAe cr'adJustment esentet,by.the CONTRACTOR shall be Wri'tiand.filed with' t-,'tj-77,;1KR'jith A thirty '(39) davs,.•,, , after the` ENGIfJCi` ha`s given anj dfirect ons, drder' or instruction to, which , the CONTRACTOR desires to take exception. The ENGINEER shall reply within thirty (30) days to such writterrexLeptions by, the CONTRACTOR and, render. his final decision in writing. In case the CONTRACTOR should apppeal from the CKIN ER'S,decision, any demand for, arbitration shall be filed with the ~NGIN ER ahd the OWNER in.wr}tin within ten (10) days after the date of delivory to, CONTRACTOR' of the ENGiFER'yS final decision. It is further agreed, that final Acceptance of 0eeWtrfhalltbe OWNER nd'thec cc etance,, by the CONTRACTOR of"the' final pasln h a6y aims by, either party, except where,noted•ctherwise in the Contract Documents 6.05 "ARBI T OH.'_' All questions; rfdisWe, ti rider', this Agreeo4 `shall qe sE3 tration at'therequest ethethere the dis threctoonethe parties may agree upon one arbiters, otherwise, named in writing,by,each party] and the third,chosen b the.two(ar iters so, h nr elhl or'if n the barIDistrictl hdlgne siHlhg'tht Couhty MInewhich'theym j he s shAall l be `Own a 23 i 10.15-71 portion of the protect is located, unless otherwise specified. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the decision of the ENGINEER shall be final and binding on him. Should the other party fail to choose an arbiter within ten (10) days, the ENGINEER 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 proceedings. The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract, The decision of the arbiters upon aoy question submitted to arbitration under this contract shall be a condition precedent to any right of legal action. The decision of the arbiter or arbiters may be filed in court to carry it into effect. The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sustained such sums as they deem proper for the time, expense and trouble incident to the'appeal, and if the appeal was.taken without rgas,,nable Cau$e, they, may award damns for any May octUiohed thereby, !the,arbiters shall''fig their ,owncompe~tisatiol,,uhless.Werwlse-. provi,ded'by ag reement and shall assess the" cost and d4eges,6f the arb 4a- tion upon eitf~er or both parties, The aWard, of the arbiters mu~ttbo ma e, in ting;, . ~ 7 AWbONMENT V `CONfiRgCT 7.01. '66AN06NM'J'6Y CONTMCTOR. 'In case' th$'CONfRAC 6R slhtiuid abaj'dpn an a o re us ~to,,rewo ork,within teri ~10) dayy's fter Wr1ttod' notifl- cation from the OWN£R,' `or the ENGiNftR, or 11f fi, CONTRACTOR falls 'to comply with the, orders of the ENGINEER, when such orders are, consistent. with the Contre'ct. Qocuments, then, and in ,t at'case, w er performance` and,payme6,,t bonds exis t the''SU0 ies'oh,these, bond iti I, " oti,fied,.iji rifin e ; directed t copipl'ete he W.601' and a' copy, o said notice fh~al"l be de ivered to'the CONTRACTOR, After receiving said rotice,of,abandonment the cONTRACTQR shall not remove from the' work any machinery, equipment tools, mater W§ or supplies then on t~e' jobs but the same; together,witA fty materials and equipment under contract for the work, may be held for ue oh. the work by the OWNER or, the Surety' 'on the performance bond, or,ahnther ,contractor in,completibn,of the work; and the CONTRAO OR 'shall not rece,lve any, rental or credit t~erefor Lallowed except when used in connection with Extra, Work, where credit sha l.be 'as provided fbr under Section 6,' Extra work and Claim#),I it being nderstood that the use of such equip{* nt, and,m terials will,ultimetely educe the to5t'tb CompletA the Work and be,eef ected in theJl nasettle here'thar$ isno'per[gralall~ce bond'OrMOO pr',ir,ca @'the Sueoty'should ail`tb cortn~ence co6p ande W th the notice fore*A 61:6' hereinbefore 24 0-15-71 provided for, within ten (10) days after service of such notice, then the UMER may provide for completion of the work in either of the following elective manners: 7.01.1 ?he OWNER may thereupon employ such force of men and use such ieY&Inery, equipment, tools, materials and supplies as said OWNER may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out of such moneys as may be due, or that may thereafter at any time become du? 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 completed by the CONTRACTOR, ;hen said COHMCTOR shall receive the difference. In case such expense is greater than she 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.O1 The OWNER under sealed bids,. after: five O 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 suhstantially the same terms and conditions,which.are provided in this tontracty -In.case any increase An cost to the-OWNS under the,new; contract as~,comppared to -what Nould have;been.the cost,,unde,r this contract, such increase,.shall be charged, to ,,the,,COMTRACTOR,,and th,e S4reiy shall,. be; and relnai n . bound , therefor, Nowever, . Should the co, t to compl ate any such new contract prove to be less than. what would..have_been the,cost ta,c plate ,under this contract, the CONTRACTOk and/or his;SUrety shall ba 4rcdited , the'rewi th . When the work shall have been sub,stantiAll`y completed the. CNaTRACTO.R and his Surety shall be so notified.and Certificates,of Completion-and AccQptance, as provided in Paragraph 5,06 hereinabove, shall be issued. A complete;. itemized statement of the contract accounts, certified to byy.Gp ENGINEER j 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 1 as thecase may be, shall pay the balance due as reflected by said state- ment, within fifteen (15) days after the date of such Certificate of Completion. In the event the statement of accounts shows that the cast 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 contrart; 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 CONIPUTOR 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 suppli,)s on the site of the work, notice 25 10-15-71 r i thereof, together with an iteml7ed list of such equipment and materials, shall be mailed 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 th's condition. After mailinrl, or other giving of such notice, such property shall be held at the risk of the CON- 1RACTOR 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 nutice the OWNER may sell such machinery, equipment, rrols, mattrials or suppliers 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 sile, with or without notice, as the OWNER may elect. The OWNER shall relitase any machinery, equipment, tools, materials, or supplies, which MOM on the work, and belo;:g to persons other than the CONTRACTOR or his Surety, to their proper owners. The books on all opera- tions 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 ofthit this c ontract, and should fail or refuse to comply with said tem~s thin'ten`(10) days after written notification by the CONTRACTOR, then th'ei CONTRACTOR 'may suspend or wholly abandon the work, and may remove therefrom all 'machinery, tools and equipment, and all materials on the site of work that have not been included in payments to the CONTRACTOR and halve not been wrought into the'worki, 1 And thereupon the ENGINEER shall make,ati estim4te of the total amount earned°bw th^_'CONTRACTOR, which esti- mate shill include the value of 'all' Work'actually completed by said CONTRACTOR (it the prices stated in the attached proposal where unit prides are used); the value of all partially completed work at a fair and equitable price,''and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum 'to cover the cost of any provisions made by the CONTRACTOR to carry the whole work to Completion and which cannot be utilized. •The'ENGINEER'sha11 then make a'final;statement of the balance due the'CONtRACTOR by deducting from the above estimate all previous payments by the OWNER and all other sums that may be' retained by the OWNER under the terms of this Agreement and shall certify same to the OWNER who shall pay to the CONTRACTOR on or before thirty (30) days after the date of the notification by the CONTP.AUOR the balance shown by said final statement as due the CONTRACTOR, under the tears of this Agreement. FND OF GENERAL CONDITIONS t 2u 101`:-]1 DENTON, TEXAS DEMOLISH OLD SEWAGE TREATMENT PLANT DETAIL SPECIFICATIONS 1. Scope: This contract consists of de',olishing, removal, and disposal of existing buildings, structures, equipment, etc., at the City of Denton's aba►idoned sewage treatment plant, located approximately 1/4 mile east of Woodrow Lane, on Pecan Creek. After all concrete and/or other structures have been broken out to at least 31-0" below ground surface, the entire site shall be graded smooth to the approximate contours shown on the Plans attached to these specifications. Removal and disposal of debris in the old dump ground east of the plant is not included in this contract. 2. Concrete and Masonr Structures: Typical sections and dimensions of the various-plant components are ss own on the Plans for the contractor's general use in quantity computations. The contractor shall verify all work to be done by visual observation, however, and no extra payment will be made because of any variations from the details shown. All structures with concrete bottoms shall have a hole approximately 31-0" in diameter broken in the bottom for each 300 + square feet of floor area. Walls shall be broken off so that no point is closer than 31-0" to the ground surface after filling and grading is completed. All structures shall then be filled with earth and/or rock rubble. No rock or broken concrete with dimensions larger than 4" will be allowed in the top two (2) feet of the plant site, and no rock with dimensions larger than 31-0" will be allowed as backf111 below that depth, 3. B_lastin9: Should the Contractor elect to use explosives in the prose- cution of the work, they shall be used with utmost precaution to prevent dam- age to persons or abutting property. Explosives shall not be used where, in the opinion of the Owner, damage to adjacent property and/or structures would result from their use. The Contractor shall assume all liability for any injury or damage to persons or property resulting from the use of explosives and be responsible for and make good any damage caused by blasting or ac- cidental explosions. The use and storage of explosives shall conform to the requirements of applicable state laws or local ordinances. Only a suf- ficient quantity of explosives for the immediate days work shall be kept on hand at site of the work. The Contractor's attention is called to the fact that there are certain utilities in the area which also must be protected from damage. 27 4, Excavation and RackfillipR: It is the intent that sufficient excavation and graj-fny be done on the plant site to fill ali basins without hauling in material from an external source. The proposed contours shown on the Plans of e backfill materialbe adjusted as are intended to obtain serve sufficient guide quantity desired necessary Each 3'-0" lift of backfill material placed in concrete basins or tanks shall be thoroughly ponded or jetted prior to placement of the next lift. Fill btthe equipment used walls for platop 3 cement~ lift} shall be wetted and rolled with The entire plant site shall finally be bladed smooth, with no areas left which will not drain, and no slopes steeper than 1 foot vertically to the levees along the east, 10 feet and south horizontally, sides of It thIs not e site intended be e disturbed, west 5. Facilities to Remain in Service: Pn existing below ground vitrified clay sewer no$ w t man o es, an an existing concrete transfer structure are to remain in service. These facilities are shown on the Plans. Extreme care shall be used when working in their vicinity, and any damage to these facilities shall be repaired by this Contractor at no expense to the Owner. 6. Salva a of Materials: All of the rock filter media in the two (2) trio ng f ters w 'lr6e salvaged by the owner prior to the beginning of this contract. All other remaining materials, equipment, piping, etc., except that to remain in service, will become the Contractor's property to dispose of at his discretion during the time this contract is in force. No materials or equipment shall be left on the site for storage or other purposes after the project is otherwise completed. 7. Pa~reen~tt: The lump sum price bid for this work will be consider,d full compensation for demolishing, removing, disposing of materials, excavation, filling, and grading the sewage treatment plant site, and.for all labor, r tools, equipment and incidentals necessary rur' ts~e c~speUuIvi, in accordance with the plans and specifications. Any monetary value that may result from salvageable materials should be given consideration by the Contractor in the lump sum price bid. No partial payments will be made, and the full contract amount will be paid in one lump sum after the work has been fully completed and accepted by the Owner. 28 Y ~A Ry .fAl ' t 00va wow V 1St .:,e 'rt ft'.$. 't + f. *r}k','r' i 7t. T~tv- 7,V 1 YYY~~ •p'~ or, ~~6j rY . 7 1, :v . " evy "~XI+1.415,1 ::U •~r,{ @.. '.1"J v v%t4vlr i• r n I `f. u 'F_~ 9.§t ~~..II"~ ~'M •X:J k7 ~h 1 . 54 A~'Iww L rt ~54~ k r'. 1 S n:•{. 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