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HomeMy WebLinkAbout1977 DENTON, TEXAS SEWERAGE SYSTEM IMPROVEMENTS PLANS, SPECIFICATIONS, AND CONTRACT DOCUMENTS FOR CONSTRUCTiON OF MAYHILL ROAD LIFT STATION IMPROVEMENTS i BID flUMSER 8471 APRIL 1977 I FREESE AND NICHOLS, INC. CONSULTING ENGINEERS TABLE OF CONTENTS Page NOTICE TO BIDDERS a INSTRUCTIONS TO BIDDERS b PROPOSAL d SPECIAL PROVISIONS f MINIMUM WAGE SCALE 1 CONTRACT AGREEMENT 1 PERFORMANCE BOND 3 PAYMENT BOND 5 GENERAL CONDITIONS OF AGREEMENT 1 DETAIL SPECIFICATIONS ITEM NO. 1 Sewage Pumping Unit 2 Plug Valves and Check Valves 3 Cast Iron Pipe and Fittings 4 General Electrical kiquirements 5 Aire and Conduit System 6 Electrical Equipment Plans - Three Sheets r DENTON, TEXAS SEWERAGE SYSTEM IMPROVEMENTS MAYHILL ROAD LIFT STATION IMPROVEMENTS ADDENDUM NO. 1 May 20, 1977 Bids to be Opened; 2:00 P.M., May 26, 1977. SPECIFICATIONS ITEM 2 PLUG VALVES AND CHECK VALVES: Delete Paragraph ?.1__PIt Vp alves an sus to e (Fe foTTowTng: °2.1__ P1ug.Valves: Plug valves sha'~1 be installed in the suction, dis- cXarge,7 ea er Tunes of the pumping unit as shown on the Plans. The valves shall be DeZurik, non-lubricated, semi-steel, eccentric plug valves, or approved equal. The valves shall have nickel alloy seats, stainless steel oil impregnated upper and lower bushings, and synthetic rubber faced plugs, for sewage service. calves shall have 125 1'). ASA steel flanges. The 8" and 12" valves shall have lever operato,-s for counter- clockwise opening. The 16" valve shall be equipped with a worm gear valvee~~designed the shall handwheel with o 100 feet counterclockwise pressure across Operator differentialoperation, to operat Bidders shall ackcowled a recei t .2f this Addendum in t_Fe suave provided_ fin a roposa FREESE AND NICHOLS, INC. Consulting Engineers NOTICE TO BIDDERS Sealed proposals addressed to John J. Marshall, Purc!asing Agent of the City of Denton, Texas, will be received at the office of the Purchasing Agent in the Municipal Building until ?;OQ f,M4y Zk, _1977 , for the following iteMT--- UiD NUMBER 8471 MAYNILL ROAD LIFT STATION IMPROVEMENTS At this time and place the proposals will be publicly opened and read aloud. Any bid received after closing tine will be returned unopened. Copies of plans, specifications, and Contract Documents art) on file and may be examined without charge in the office of the Purchasing Agent in the Municipal Building, Denton, Texas. Copies may be procured from Freesa and Nichols, Inc., Consulting Engineers, 811 Lamar Street, Fort Worth, Texas, upon a deposit of $15.00 as a guarantee of the safe return of thy: Contract Documents. The full amount of this deposit will be returned to each bidder upon return of the documents in good condition, providing the documents are returned within ten (10) days after the openir+g of bids. No refund on Contract Documents will be obligatory after a period of ten (10) days. A chashier's check, certified check or acceptable bidder's bond, ayable to the City of Denton, Texas, in an amount not less that five (54 per- cent of the bid submitted, must accompany each bid as a uarantee that, if awarded the contract, the Bidder will, within ten (l0 days of award of the contract, enter into a contract and execute brnds on the Corms 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, reseve. the right to adopt the most advan- tageous construction thereof, or to reject any or all, bids, and waive formalities. No bid may be withdrawn within forty-five (45) days after date of which bids are opened. CITY Of DENTON, TEXAS John J. Marshall, CPO Purchasing Agent a INSTRUCTIONS TO BIDDERS 1. PROPOSAL FORM: Bidders shall use the proposal forms included in the docuFC6TS_5r each contract. Proposal forms are to be left attached to documents in same manner as received by Bidders. Supplemertal 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 aeTfivery u1' i 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 word "PROPOSAL" and the Bid Number and name or description of the project as shown on the front cover of the Contract Documents. 3. BID SECURITY: Each bid must tie accompanied by a certified or cashier's checcT-or to approved bidder's bond mode 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 iii;.: execute all necessary bonds. 4. PERFORMANCE AND PAYMENT BONDS: Performance and payment bonds in the amount o not less tan one-fiunared percent (100X) of the contract price conditioned upon the faithful performance of the contract, and upon payment of all persons supplying labor or furnishing materials, will be required upon the forms which are a part of the Contract Docu- ments. Bonds shall be executed by a surity company acceptable to and approved by the Owner, authorized to do bLSiness in the State of Texas, and acceptable for underwriting of risks ;is indicated by the latest revision, Treasury Department Circular 570, listing companies holding certificate's of r thority from the Secretary of the Treasury as ac- ceptable sureties on federal bonds. The period of the performance Bond shall be extended one year from the date of acceptance of all work done under the Contract, to cover the guarantee as set forth in the Special Conditions. 5. BIDDER'S KNOWLEDGE OF CONDITIONS: Prior to s0clission of a proposal, bidders sfiaTlhaave maFe a thoroug17Tnspection of the site of the work and a thorough examination of the plans dnd specifications, and shat, become informed as to the nature of the work, labor conditions, and al' other matters that may affect the cost and time of completion of the w,rk. 7. INTERPRETATION OF DOCLI14CNTS: If any person conte,eplating submitting a biFV t e propose3~contract is in doubt as to the meaning of any part of plans, specifications, or other proposed Contract Documents, he may submit to the Engineer a written request for an interpretation therlW prior to 48 hours of the time for opening of bids. The person submitting the request will be responsible for its prompt delivery, Any interpretation b 74 of these documents will be made only by addendum duly issued anti a copy of stich addendum will be mailed or delivered to each person receiving a set of such documents. The Owner will not be responsible for ally other explanationi or interpretations. B. INTERPRETAT1011 OF Q OTED PRICES: In case of a difference between the r.ritfe:i woidys an3-tlie-T gures Tn a proposal, the amount stated in written words shall be considered as the bid. 9. AWARD OF CONTRACT: The Owner reserves the right to award the contract baseU- -fts d'eci-s-ion as to the best bid submitted. The Owner also re- serves the right to reject any or all beds. Unreasonable or unbalanced unit prices will be cause for rejection of any bid. END OF INSTRUCTIONS TO BIDDERS C 1 PROPOSAL Denton, Texas May 26 1977 PROPOSAL or Highland Ir,.dustri;is, Inc. A forporation organized and c:xistir,j under the laws of the State of Texas , a partnership conkisting of the yusiness name of an individual. TO: Mr. John J. Marshall City Purchasing Agent Denton, Texas PROPOSAL F03: BID NUMBER 8471 - MAYHILL ROAD LIFT STATION IMPROVEMENTS The undersigned Bidder, pursuant to the foregoing Notice to Bidders, has carefully exanined the Instructions to Bidders, this Proposal, the Special Provisions, the form of Contract Agreement and of Bonds, the General Con- ditions of the Greement, the Specifications, the Plans and also the site of the work, and will provide all necessary labor, superintendence, machinery, equipment, tools, materials, services, and other facilities to complete fully all the work as provided in the Contract Documents; and birds himself upon formal acceptance of his Proposal to execute a contract and twnds, according to the prescribed forms, for the follotiO ng prices, to-wit: Description of Work Estimated oFr`?urf-Mng`arnd n`~ stalling Quantity Amount a new vertical dry pit type sewage pumping unit complete with all piping, fittings, valves, electrical, pump con- trol system, remote alarm sys- tem, as shown on the Plans and specified herein, the lump sum of Twenty fob thousand _t&OL"bund~s'd-` t~f Te r., 1 L . S. _A, 300.00 L 0 1 1 d w .a 7-f , T Within (10) days after formal acceptance of this Proposal by an award of contract, tile undersigned will execute the Contract Agreement and will furnish approved surety bonds and such other bonds as required by the Contract Documents for the faithful performance of the Contract. In within the attached and Bonds are bid security n In the executed amount of the eabove t set Contract forth, Agreement time 5% is to become the property of the Owner as liquidated damages for the delay and additional work caused thereby. The undersigned agrees to substantially complete all wort; covered by these Contract Documents within 105 consecutive calendar days from, and including, the day established or t e start of work as set forth in a written work order to be Issued by the Owner or by the Engineer for the Owner. Except by mutual agreement of the Owner and the Contractor, the date established f not the less than Contract (not more than thirty (0) days after the date Agreement. Receipt is acknowledged of the following addenda; Addendum No. 1 5-20-77 r Addendum No. 2 Addendum No. 3 Respectfully submitted, ~i9h1 -1n 'trim; Inc, By QY President __-Title µighland_Inuustries, Inc. P. 0. Box 558 Lewisville, Tcxas 75067 ress SEAL (If Bidder is a'Corporation) e a~w.arr~u]~I ~1ts1N orl0 - f Y i I'.~ ~4 6k' SUCIAL PROVISIONS 1. SCOPE; The work insiudrid ender this contract co,isists of furnish Iny and installing all materials, r,pppliances, tools, eqquipment, transportation, services, and all la C r and:(liperintendence neceso.at, for installation of a now ~ewaye pumping unit in the existing City ' of Denton Mayhill Roar ift Station. The projcct comprises the new pumping unit, witli olectric water drive, the neceLsary cast iron connecting pip')ro fittings, and valves, replacev.4nt of the existing f,,anpp conti~,; system, a remote, alarm system, electrical wiring, and other, appurtenances shown on` the Plans and specified herein. e. 2. IIAG£ TM Ttr3re shall be paid on the project not less than the genera ; eYai;li"tg'rates of wages in the locality of the project, which prpVillirlr., wage rates have been determined by the Owner in sccordat(c-witj, statutory requirements. There it included.immedi 'ately fcillowinil thora Special Conditions a schedule giving for oirious el,,issiiications the minimum rates as have been established 'bv thr,iS%J►i~r. 3. SA,iyf~S„ ~Fi(;`.t.,' The Owner qualifies as an exempt agency,pursuant to pp A'Nf,)ns of Article 20.04 (f) of the Toxas Limited Sales, £x'(;isri and Ilse Tarp Act','and is not subject to any State or City salsf• taxes. Thc,.Contractor performing this contract may purchases rent or lease all materials, supplies, equipment used or consumed in the performance of this;coAtract y issiO ng to his supplier an exemption certificate in lieu of the tax, said exemption certificate complyingg with :State Comp%O•oller's ruling #45-0.07 Any such exemption certificate issue4 by the Contractor in.lieu of the tax shall be subject to the E rovisions of the State Comptroller's ruling #95-0.09 as am-eaded to e effective October 2,4 1968. 4. TIME OF COMPLETIOPs It is anticipated that a contract will be awardodo and a work order given as expeditiously as possible after bids r:re received, Tile Owner desires that work begin as soon as Possible after award of contract, and that the construction of the ;roject be pursuer! diligently and in the space provided in the pronosal, and the time so indicated will be inserted in the Con- tract Agreement of the scoccessful bidder, Consideration may be given to time oR completion in the award of the contract. In the event the Contractor fails to compiete the project within the time set forth in the ProposA.1, the Owner may withhold money permanentlyy from the aaymonts to the Contractor In accordance with Paragraph 4.04, page 18 of the kneral Conditions of the Agreement, f a, ol, 39 - r S 5. CONNECTION 10 EXISTING PIPING: The existing pumping units dis c ar a rougTi a'1h inc concrete cylinder pipe force main, approxi- mate?y 3,5' L.F. In length, to a gravity sewer line on State Highway Loop 288. 'the force main is installed on a continuous up- grade, from elevation} :Gy at the lift station to elevation 608 r: the discharge end. I-► will be necessary io drain the force main 4-6 connect the new pump discharge piping. This may be accomplished by blocking open the existing pump check valves and draining th~•ough the pumps into the wet well, or by installing a "lives" tap on Vie force main outside the lift station and draining directly into tank trucks for transport to the gravity sewer. in addltinn to the drainage from tfe force main, it will also be necessary to pump incoming sewage to the wet wall into tank trucks while the pump station 1s out of service. No by-passing of sewage to the adjacent creek will be permitted, Other arrangements for accomplishing the piping connection without care- fully sewage will be considered, but all plans must be coordinated with, and approved by, the Owner and the Engineer well in advance of be5inning the work, 6. GUARANTEE: The Contractor shall guarantee all work 'under this con'rac-against defects due to defective materials or workmanship, for a leriod of one year from the date of written acceptance by the Owner, Damage or leaks due to acts of God or from sabotage and/or vandalism are specifically exempted from this guarantee. The Contractor sthi11 6rrange for the Performance Bond to be extended for one year after Final acceptance, as a part of this guarantee. When defective material and workmanship are discovered, required repairs are to be made under this guarantee and all such repair work shall be done by this Contractor at his own expense within five days after written notice has been given hih+ b the Owner. Should the Contractor fail to make the repairs within five days thereafter, the Owner may make the necessary repairs and chargo the Contractor with the actuol cost of the labor and material required. 7. SHOP DRAWINGS: The pipe manufacturer shall furnish shop drawings o xf~"p~ppe and fittings which are to be fabricated. Shop Idrawirgs shall include a schematic and a tabulated layout schedule:, Shop drawings shall be subject to approval`of the Engineer and fabel- caCion of pipe and fittings shall not be commenced until such drawings have been approved by the fngircer. Shop drawings small also be submitted for the approval of the pump- ing unit,,all valves, controls, instruments, and electrical wiring. ` Six copies of each drawing shall be submitted and three will be returned to the Contractor after review. .r 9 w k 7 X717 r. i > h • i~. r • 8. COST BREAKDOWN: Within thirty (30) days after the execution of the ntr U ahd not less than fifteen (15) days prior to the first monthly estimate, the Contractor shall submit to the Engineer a cost breakdown of the work under this Contract. This breakdown is for use, by the Engineer in preparing the monthly estimates and for the owner's use in cost accounting for the protect. The break- , down shall be in detail, itemizing all items of egjipment and construction and shall accurately reflect the cost of all wort, as included in the bid prices. Cost breakdown shall be such that an overall cost of the various elements of the project can be determined. 9. PROGRESS SCHEDULES: Within 15 days after receipt of notice to pro- Zee , the contractor shall prepare and submit to the Engineer for approval six copies of the schedule in which the contractor proposes to carry on the work,, the date of which he will start the several major activities (including procurement of materials, pplants, and equipment) and the cot,templated dates for completing the same. - The schedule shall be in, the form of a progresschart of suitable scale to indicate graphically the percentoje of work scheduled for com- pletion at aliy time. As the work progresses the Contractor shall enter on the chart the a tual progre.es at the end of each partial payF, nt,period-or at suct+ intervals as directed by the'Engineer. Three copies of the updat;?d schedule shall be delivered at such intervals as directed by the Engineer`: If, in the opinion of tha'~..ngineet, wort "accomplished falls behind that scheduled,, the Contractor shall take such action as necessary to. improve his progress. 'In'additi6V the Engineer may require the contractor to submit a revised schedule demonstratin his program and proposed plan to make up la? scheduled progrols and, to insure W Oletion of the wort, within the contract time. 1~_the Engineer finds' the. proposed plan not acceptable, he may,req,*e the contractor to increase the work force, the construction plant and equipment, the number of work shifts or the overtime operations without additional cost to the Owner, Failure of the, contractor to comply with these requirements shall be considered grounds for Atermination by the Engineer that the contractor is failing to prosecute the work with such diligence a- will insure its completion within the time specified. 10. INSURANCE RE IREME T, : Paragraphs 3.18 and 3,18.1 of the General i;onaitipns o ggreeme6t shall be deleted entirely and Paragraphs 3.18 through 3. 8,5, as follows, shall be inserted: 3.18 INSURANCE 3.18.1 The Contractor at his own expense shall purchase, INSURANCE maintain and keep in force such insurance as will protect him from claims set forth below which may arise out of or result from hix operations under this contract, whether such operations be by himself h 1 s, i or by any Sub-contractor or by anyone directly or indirectly employed by any of there or by anyone for whose acts any of them may be liable: WORKMEN'S (a) Such insurance as will protect the Contractor t E CATION from claims under statutory Workman's Compensa- tion laws, disability laws or such other employee benefit laws as will fulfill the requirements of the jurisdiction in which the work is to be performed. Such insurance shall be amended to provide coverage for multiple jurisdictions and such other indicated coverages (U.S. Longshore- men's A Harbor Wor%ers, Admiralty, etc.) as may be applicable. COMPREHENSIVE (b) Such insurance as will protect the Contractor GENERAL from claims from damages because of bodily LTffuly injury, personal injury, sickness, disease or death with minimum limits of liability of not less than $500,000.00 each 'occu ren,.e and $5009000.00 aggregate. (c) Such insurance as will protect the Contractor from claims for damages for injury to or des- truction of tangible property of others, including loss of use thereof. Such coverage shall include Broad Form Propert pamaye and `removal of'E exclusions where ap liable. The mini- mum limits of liability s all be $500,000.00 per occurrence and $500,000.00 aggregate. COMPREHENSIVE (d) Such insurance as Will protect the Contractor ~ A076MO91 E from claims for damages arising out of the CTAKTaw maintenance, operation or use of any owned, ;non-owned or hirevehicles. Minimum limits of liability for bodily injury and property damage combined shall be rot less than $500,000 each occurrence. ALL RISK (e) Property insurance upon the entire work at the 0=1 I'S RISK site to the full insurable value thereof. All Risk Builder's Insurance shall include the Interests of the Ow,ier, the Contractor, Subcon- tractor and Sub-subcontractors in the work and shall include, but not be limited to the perils of fire, lightning, flood, collapse, windstorm, hail, explosion, riot, civil com- motion, smoke, aircraft, land vehicles, vandalism and malicious mischief, The Builder's Risk 1 Insurance shall be endorsed to permit occupancy prior to comp ion of contraction and prior to acceptance by the Owner. A copy of the Builder's Risk !policy shall be filed with the Owner. 3,16.2 The insurance required by Article 3.18.1, paragraphs (c) and (d) above shail be amended to afford coverage for: Products Liability and/or Completed Operation:, Blanket Broad Form Contractural Liability specifically covering the indemnification assumed by the Contractor under this agreement, Watercraft, or Aircraft Liability whether owned, non-owned or hired. 3.18.3 Such insurance as is required under this Section 3.186 shall be written so that the Owner will be notified in writing, in the event of cancellation, restrictive amendment or non'-renewal at least thirty days Prior to such, action. Certificates of insurance on the form which is attached herein shall be filed with the Owner prior to the commencement of the work. 3.18.4 limltsONLY'oi W. the CothistractVSection responsIWNy o ire ermine what lunits are -adequate. { These minimum limits may be basic policy limits or any combination of basic limits and umbrella limits. f In any event, the Contractor isfully responsible for all losses arising out of, resulting from or connected with operations under this contract whether or not said losses are covered by insurance, The Owners acceptance of Certificates of Insurance that in any respect do not comply with the Contract re- quirements does not release the Contractor from com- pliancE therewith. w 3.1815 The Owner and Contractor waive all rights against WAIVER OF each other for damagges caused by fire or other CLAIR9 perils to the extent their interests are covered by insurance under this Section, except such rights as they may have to proceeds of such insurance when held by the Owner as trustee. The Contractor shall require similar waivers by Subcontractors and Sub- subcontractors, ENO OF SPECIAL PROVISIONS , A z ~,5y 777 r, i.ti yy~.e jAfd} S ,,yy '~~4 r J,a~~, wi 1 ~~t~f e~~7I 'ir L•"Y +S ff 1 1) GS j I 5a ~ t`~;I ~Y. L. The Onier and 3.18. E, Contractor waive ,,:T rights against WAIVER OF each other for damages caused by the or tither perils to the extent their interests are covered by insurance under this Section, except such rights as they may have to proceeds of such insurance when, held by the Ornier as trustee. The Contractor shall require similar waivers by Subcontractors and Sub- subcuntractors. END OF SPECIAL PROVISIONS K MININUM WACAL SCALE. The rates helow have been determined by the City of Denton, 4-xas, 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 viorked 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 I~ Asphalt Heaterman 2.25 Concrete Paving Mixer 2.60 Asphalt Raker 2.00 Concrete Paying Saw 2.00 Botching Plant Scalenan 2.00 Concrete Paving Spreader 21.50 Carpenter, Rough 2.50 Crane, Clamshell, Backhoe, Derrick Concrete Finisher (Paving) 2.75 Uragline, Shovel, (Less than Concrete Finis'ner 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. & 2,60 Concrete Rubber 2.00 Over) Flaar},an 1160 CrushQr & 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 ; Form Setter (Paving & Curb) 2.50 Foundation Dr. Op. Helper 2.00 Form Setter Helper (Pay. & Curb) 1.90 Front End Loader 1 C.Y. & Less) 2.10 Form Setter (Structures) 2.25 Front End Loader Over 1. C.Y.) 2.25 Laborer, Comrion & Unlisted Hprs. 1.60 Hoist (Double Drum & Less) 1.75 Manhole Builder, Brick 2.50 Hoist (Over 2 Drum) 2.00 Mechanic 2.60 Mixer (Over 16 C.E.) 2.25 1.90 riixer (15 C.F. & Less) 1.90 Oiler Painter (Structures) 2.60 Motor Grader Cperator 2.50 Piledriverman 2.50 Motor Grader Op., pine Grade 2.75 Pipelayer 2.00 Paint Striping Machine 2.00 Pipelayer Helper 1.75 Punp Crete 1.75 Pneumatir. Mortannan 1.60 Roller, Ster.] Vheel 2.10 Powderman 2.85 Roller, Pneumatic (Self-Propelled, 1.70 Powdennan Helper 2.00 Scrapers 2.25 Parer Equipment Operators: Scraper, Fine Grade '.5'1• Asphalt Distributor 2,25 Self-Propelled Hammer 1.60 As halt Paving Machine ?..'?5 Side Boom 2•25 Bulldozer 2.25 Tractor (Crawler T pe)30 HP & Less 2.00 Bulldozer, Fine Grade 2.50 lractrx (Pneumatic) BO Hr & Less 1.85 Concrete Paving Curing Vchn. 2.25 Tractor, Over 80 HP 2.10 Concrete Paving Fin. Machine 2.50 Traveling Plant (Stabilization) 2.25 Concrete Paving Form Grader 2.00 Trenching Wachine, Light 2.04 Trenching Machine Heavy 2.75 1 1 CLASSIFICATION RATE CLASSIFICATION RATE M PER~I}LOUR Ff~R IMIR Wagon grill or Boring Machine $2.00 Truck ririvers; $ Reinforcing Steel Setter(Paving) 1.75 Transit-Mix 1.075 Reinforcing Steel Setter(Struct) 2.25 Winch 1,60 Reinforcing Steel Setter Vpr. 1.75 Other 1.50 Steel Worker (Structural) 2.50 Vibrator Ilan (II,7nd Type) 1.60 Steel Worker Helper (Structural) 2.00 We+ghwan (Truck Scales) 2,50 Spreader Box Ilan 2.00 Welder Swamper 1.75 The CONTRACTOR shall comply with all State and FeGeral Laws applicable to such work. The above are minimum rates. Bidders shall base hair bie; 6n rate!; they expect t4 pay, if in excess of those list,-,d. The OWNER will not carosider claims for extra payment to CONTRACTOR on account of payment of wages higher than those specified. t,i CONTRACT AGREEMENT STATE OF TEXAS ~ COUNTY OF ~31Enion_ THIS AGREEMENT, made and entered into this __I71h day of tune A.D., 10 77, by and between _the Cit of knton - tt!jj Mavor of the County of Denton -and State of Texas, acting through__ thereur~ta duly authorized so to do, Party of the First Part, hereinafter termed the OWNER„ and-r Highland Industries, of thr3 City of Lewisville__.__, 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: - Mayhill Road Lift Station Improvements, Bid Number 8471 _r___.___ and all extra work in conn{:c.tion therewith, under the terms as stated in the General Conditions of th,i Agreement; and at his (or their. own proper cost and expense to furnish all the materials, supplies, machinery, equip- ment, tools, superintendence, labor, insuwance, and other accessories and services necessary to complete. the said construction, in accordance with the coalitions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreem nt, the Spera al Conditions, the Notice to Bidders (Advertisement for Pitts), Instructions 1 10-15-71 f• ,t to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blue- prints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefor, as prepared by FREESE AND NICHOLS, INC., herein entitled the ENGINEER, each of which has been identi- fied by the CONTRACTOR and the ENGINEER, of which are made a part hereof and collectively evidence and const ;ute the entire contract. The CONTRACTOR hereby agrees to commence work on or after the date esO blished 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: r L City of Denton Texas Party of the First art,.NNE "~teC~ficc By ^ f Elinor Hughes, Mayor (SEAL) ATTEST: Party ecogd art, CN?RACY R Y t e, R1 Vent Camp, President (SEAL) 2 10/22/73 PERFORMANCE BOND STATE OF TEXAS COUNTY OF Denton I KNOW ALL MEN BY THESE PRESENTS: That•_ILI.4Mar~& of the City of -Lewisville County of Denton and State of Y Texas as PRINCIPAL, and Reliance lnsurance Company____~ as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firinly bound unto the cry of Denton_ Texas , as OWNER, in the penal sum of Twenty four . tbousAnd threg hundred- and 2/100 -Dollars 24,3 (Lot) 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 curtain written contract with the OWNER, dated the _17thday of June , 1977 for the con- struction of Bid Number 8471 - Mayhill Road Lift Station Improvements_ which contract is hereby referred to and c„ide a part hereof as fully and to the same e)ctent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the cove- nants, conditions and agreements in and by said contract agreed and cove- nanted by the Principal to be observed and performed, and according tc 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 ex"uted pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended 3 10-15-71 by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this 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. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terTis of the contract, or to the work perfumed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alter- ation or addition to the terms of the contract, or to the work to be per- formed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 17th day of June , 1977 Highland Industries Inc. Reliance Insurance Co. j By F.e ~ urety~ TiCamp, President Title AnojnY•IT(.1Aa Address P. 0. Box 958 Address Lewisville, Tens MAXSON-%1At40'-TFY-1'URNF.R 3601 CEDAR SPRINGS ROAD 75067 ,_DAILkS-jE7UlS 75?l9 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: _ ~AAYyJN~titAtiUi~l1's'`~•~LlltyF.~', JSflI CEDAK~ $ FiGS OM-715219 NOTE: Date of Bond must not be prior to date of ;ontract. a 10-15-71 PAYMENT BOND STATE OF TEXAS i COUNTY OF__ Des,Lon KA OW ALL MEN BY THESE PRESENTS: That_ bh1and Industries, W Inc._ of the City of Lewi5yille County of Denton and State of Texas , as PRINCIPAL, and Reliance Insurance 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 S._tt,y. of pent fl, TL _Is as OWNER, in the penal sum of _ Twenty four thousand three hundred and no/100 Dollars 24,300.00 for the payment whereof, t~d`1rinc pima anU-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 174a th day of June 1977 for the construction of Bid Number 8471 - Mayhill Road Lift Station Improvements which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void; otherwise to remain in full force and effect; i PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, canoe shall lie in _ Denton County, State of Texts. 5 10-15.71 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration nr addition to the terms of the contract, or to the work to ba performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 17th day of June 19 71 . ~Hig_hl.~and Industrikh Inc. Reliance Insurance Co. Principal ure y By BY 0(2jg& _ ' L5-,a Title R.IKent Camp, President Title AITOMtryw-FA% Address P. 0. Box 958 Address- Lewisville, Texas MA ISON-MAHOAY-TURNER' 3601 MAN SPRIRGS ROAV~ 75067 DALLAS, TEXAS 75219 (SEAL) (SEAL) The name and address of the Resident Agent ,QfvtSUr~ty is. i1Ors Tics Rol, o oht jar 1 Dote; Date of Bond must not be prior to date of Contract. t 6 10-15-71 RBI AI~YCJl ~I StYRAI 010 COMPANY . HEAD OFFICE, Pp,LADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY, a corporation duty orperttaed under the Irwa of the Sute of Perwylyenls, dos hereby make, constitute end appoint Charles L. Shawl I II, David 0. Tlnrner, Benson H. Wheeler, Harry J. Brownlee and Earl 0, Lee, individually of Dallas, Texas he true end Viwful Atiorneydn•ferl, to mike execute, teal and deliver for end on its behalf, anu asks act and dried any r r,d all bonds and undertakings of Suretyship,` r A to Wrid the RELIANCE INSURANCE COMPANY thereby as fully and to the Irma intent as If MIS bonds and undarlskingl and olhef wrlliro obllpatory In IN mature thereof were dined by en Exkullvs Officer of the RELIANCE INSURANCE COMPANY end sealed and attested by OM other of ' such oHlcert and hereby rail and confirmt all that Its said Attorneybl•In foci may do In pursuance hereof, This Power of Attorney Is granted under and by authority of Article Vl l of the By-Laws of RELIANCE INSURANCE COMPANY "Ich became effective May 11, 1962, Which provisions are now in full force and effect, reading as folios: ARTICLE Vii - Execution of fronds and Undertakings SECTION 1, The Board of Directors, the President, or any Vice-Il nt or Asetslant VkaPlNident the,t have pond end euthorlty lo; lal Ippotnl AttorrosyrOn►fect and to oubhoriae them to hkufe on behalf of the Company, bonds find undertakings, IWOOntaefKee, COrltraCte Of indemnity and other writtnps obilil ry In the nature thaeof, and (b) to frmm any such Attofnaydn•fael at any tlme and choke the power ud vilhoriq glean to him. SECTION 2. Attorneyt•Infact@halfhave power and authority, subject to the terms end Ilmiut1Onl of the Powef of attorney laced to tham, to execute and cWhw on behalf of the Company, bonds end underiaklmo. recopniranxes, contracts of Indemnity and *the writlro oblipatory in the nature tho sof, The eMporeta seal to not naceuary for the validity of any bonds end undart4f lnpe, tKOpnltanca. Contracts of IndaiTterity and other wrltimpa obllpalory in IN nature thuaf. TAts povvrr of attorney b Iip+Nd srd pealed ti, facsimile under and Uy n,thwilY of ON Iolluwing Raolutlon adopted W IN BCird of Oleocim of RELIANCE INSUPANCE COMPANY el a mating held on IM ash day of May, 1159, at tvhr.Ch a Qvowin wu present, and Said Renlutbn his not been WMndM or reputed: "R,%cilved, thet the slirsturas of such dirac Ion and O"kers and the seat of the Componti n,ey be affixed to any Stich fewer of antxney or any cartificale ralsting thereto by fkdmile, and any such power Of sherries` Of cerl,fkats bearing each faclMnlle tValluras or facsimNe sae! sha4 be vdid and binding upon the Company and any Inch power W amkuled and Cerltf4d by facsimile signatures and facsimile seal "It be valid and binding upon the Company In the future with I")kt s; any Ill or undertaking to which it h attached." IN VATNESS WHEREOF, the RELIANCE INSURANCE COMPANY hatcwsed Omit presents to bra slimed by Its Vka-Pretdenl, find iueoril Setif to be hereto affixed, this, .M dey of AU93JOt _ 19-2-4 flEUANCEINSURAVCE COMPANY k nos t STATE OF Pennsylvania 4'~"`eJ COUNTY OFPhiladslphin t' 4a On this ?8th hey of kttgust J. It. McDermott Ie1'rOelsonanyappeared to me kr own to M the VkePraldani of the RELIANCE INSURANCE COMPANY, end ttckmowiedgad that hit executed and /RNted the folepoing Instrument Ind affixes the NN of Said corporation iMrelo, and that Article Vil Srtlon 1 and 2 of the By'Lawe Of Said Company, set forth thereln, to fill$ In full force. My CommlSalon Explrae: ~ e'- I ARril a6 19 76 Notary PubN In Ord for Stateof, PonnaylVania CN.) S V Flooding at Philadelphia f, P,D, Crosaetta , Anistunl Srcra!a,v of the RELIANCE INSURANCE rJMPANy, htuhy ca""V that the above and Ioie,Ming It %true end correct copy of a Power of Allorrrey rxecuted by Saki RELIANCE INSURANCE CiMPANY,r,h fps 411111 In full force and eflect. IN WITNESS WHEREOF, I have hereunto tut my hard ami affixed the feel of said Company this _-J)- r_ ddv of__, h -4. 19_ AsfiHenlSK;ilfry FBOR•1431 Ed. 11172 hhht rZIA GENERAL CONDITIONS OF AGREEMENT 1. DEFINITIONS OF TERMS 1.01 OWNER CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and the E N E are ose parsons 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 CONTRAO' DOCUMENTS. The Contract Docu~aents shall consist of the ers vertisement), Instructions to Bidders, Proposal, ` of ce toonditfons,;,Igne, Contract Agreement, Performance and Payment Special C, I Bonds ►,~Spec,ial,,.~pnd„(when,.. quired~,General:,COnditlons;of,Agreement)F , Techpical;.sppediftc,01,, i. Plan;, and•all•p~O fications thereof Incorporated, in any of 'th`e 'documentt 9efore exec4it on of the agreement.. The Controet,D,Qcunents;arp%cgnplp"ntoryand;Wbot i$. called for by any one shall be as binding as if called for by.,fallintIn case of conflict betwten any pf. the CQlttrat; Doyumel~$s.+ P,x. o.. Y o ~ t ¢1'9rmance..dt~4!P~Yn~ent~Bond4i35peoialor 6o(►d,'" nY 'iS~a1Pi F4C1~ Ca o S Phannand General~Conditions of,Con+. tractors►,jQ,C n, Agreemnn,t~, r ~1 10i-1 Ski-Gb N'fR)IGI OR. `fhe, ~er ub ContrACtor, a$, 01rploye0:hereln," inA? c,ues` ose pAaving a ir.ct contraU with the CONTRACCgTOR , and actord it it in•., ^ sh tq ial a'.speolai-deal n ` the~P{ on y . $ne `f 4pea e~f1ca n qf th ~ W9rk $tbut does ~not Irf014 a oncwbo , . ~ 3 s ` "i" . furn~~fies ,6,t9r a~..~o 0,~.worka~. .b6 R! ` tIi - ' Nritten notic@ ;hall be deemed~U have beens0uly,i , 1-=- RI T tp theAndlvidual unto a member of. the firm P.~ J a vere .per;Gn,. sere or;,t ,,an„iSer,o ithe corpion for whorn;it is;ir~tended, or if delivered at o s6n y,~re919tered maigratl to the last business address known to him who glyet,the,not,4q, t, 1605 W ;;ihe,CONjR+ACT,Qq .shalPntendel~ce~' 1dbQrorseall rviCesBrlnsurvnce~lies, and all t pr i f, tools , Vper faoilitiesineces and a1,1, water1gP4 power, ,UQI+ :tr,,3nsportati,o4 and other, sary e eX 4`ut Pn,and 4omplFtion of, the workicovered,.by the,contraot documents , 0ri, PAP oth9ryiise,spuclfiedt all ma.teriat.s Shall, FACTaRashal O i . 4 workmansh'p an~ materials shell fia of a,good quality., 1he iT if required, furnish satisfactory evidence as to the kind and quality of ,~jal,sit~,,~laterials,pr,wgrk, dpscnlbPd;in wards which so.applled have a w ,no ri tec~hnScal, pr, trade meaning,.shal1 bq held Lto.:rof0r; td such recog• nted standar s. 7 . 1(+-15-71 1.06 EXTRA WORK. The term "Extra Work" as used in this contract shall be un rg`stood 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 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 defined as any day not including Saturdays, Sundays 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 lless than seven (7) hours between 7:00 a.m. and 6:00 p.m 1.08 CALENDAR 'JAY. A "Calendar Day" is any day of the week or month, noeays 6e-il1g excepted. 1.09 SUBSTANTIALLY°CCMPLETED. By the'teHn "si1Mtant1a111y completed" .`is` mean t' the, tr~ftire' as ` 66 made' sui`tab%''for 'use' oi^ 'octu the' 'faailitpa'nty or ad'Ustr*ht: 'se 'bUt ' Sbil l relay require i mis"1sh,cella,6hditineout bh to Work ahd eive its intended purpb quire minor .+r c 2.', RESRONSIBILIT'IES'OF THE! ENGINEER°AND`TNL CON,TRACYOR r, 'WN' }ENbiNtiER'RELAtIONSHIP:.I The' (NGINEERIwill = 6e ' the F~ ~ER' I'r 2.o1„+oNEF; ' ' o~rF44 of s.n a Ve- authbrityr of rt + ttcen3tt"U~dhhe dUt,ies,, r`E~pOt~sib l~t besekt~~dedid#~~ ion S ' ENGINEER'at the OilkER' Ne resit tfjtive'durih" bona c't3} p are as self) forth Wfi the Contract Oocumehts and shall no 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 i the CONTRACTOR,sliall be'.issued.thr6UI6'the ENGIWCER:'' 2,02,YPROi:ESSIONAL~,INSPEtTION BY~ENGIkEtR's ~ TWENAINCEA Ihd11 Make"O'erJdd'ib' v s s t t ens a for ar z m e efterll''' 4h' he' r "rest"bf' the executed work and to determine i f ~ ~iidh-Work geheW ly bee}s ge bishkla1 performance and design features and the technical and, functional engineering_ requi rerfiehtS- of thof Cent ct DoCUmentsti peMded 'arid 'except; `h6w606,1 'that the ENGIN £R'shall` not 0'resp6hSible for makirig ei,y 'detailed, ezft+austjVo" cbmpreh n~06 or cbntinUdds 6n-'site lnspgct16ri`of the qquality 'or'gtkhntity'of the workror be.An aAy way- resporisible;' diriWy dr'ind ektly,'for the construction means, methods, techniques, sequences, quality„-prot duress' programs, safety precautions or lack of same incident thereto or in con- ,nedtion therewith, 146twithstandin'g ariy''oth'Worovision 'of th S,49reement' ' or any othEr,Contraiit'Oocument~ the ENGINEI R shall 'r16t' `be-'In ,46YIWay r+ ' sponsiblt driliable fdr any Actsi''e'rr'o 'om{ssions' 6r' hedli4encd"df't d`° CONTRAOTORi any" sub'cdtitrattor*'ov" any df, the;CONTRACTOR'S 60,sUbito ftYac-cdr`s' agents',7servants-t'00 'enioloyd'osl dr"an4'oth'0 pe so fit~i or co 06rattop%'' 4 it' f th ~ldr'k,, i poofortai~i§ orr et'tempt'ifig to perform any o 2.03 PAYMENTS'IFOR WORK1h ?he EiIGINE0 'she'11 1"eVie4i' CONTRqCYOR'S1bpplf6i `qq"ri5 or~paymen Van3suppfl"tirig data; tlet`dtYnirid"the arAOUn~ c>Wed'£d C6riTI~A1i0 ' B ` i' ■ and approve, in writing, paymerit' to CONUACTOR,in such amounts; stxh, 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 INiTZAL DETERMINATIONS, The ENGINEER initially shall determine a cams,, $pu es and Wer matters in question between the,CONTRACTOR and the OWN N relating to the`executipn,or progress of, the work ,or the;. interprat`ai'',on,'d'f,t}e contract Documont.s, and the ENGI,N, ER'S decision shall be `r':ndere jn,Writingg within a reasonable time.. Shc,uld the ENG,iNEFR„ . fail t4''dke'such,decisioil Within a reasonable timeappea Ao. arbitration may b ~t c`gn' as, if ,Ms 'decision had, been, rendered against the party appea it i. t 2 13Jttil l k ft t'~+e`gv nt tfie EN~.INEER renders, apy decision wpich, 'j i$ ,not in accordance rlith the h t,p t~ o f e. he p ~ty, he tp, n a'ni ' ah'd i i't p 4 yyI - I c¢ntrj $tthe~^ DAI'ty ~Y f i 1,0. wi th, the' ENG E wI hl ; h t, ' 1 ht da t 5, ilten,,ob ecti.on, qutocsi;itho e decision,, and by t fi ~r'se~'ir`e' `e..~ 4' p ,submi the n so raised, to. SUC a rfte p~rovde arbitrptlori'~i'~ eij'hl 1.:t r;le`'''b~ a e:;S c}i i gsiil+lline; a1 9 z a irades E 'N~,, h~ pe t lye eog,YeriC►eces, E, s u, i ort, i$ r pre~ppi sar OF W6t~ s~ 41 s, tPeh ech o, pdrm r,'~ora 'hce 4f:thiS , t yy i rG4b woritt~ ~1 us n' 6rs_ et sl X00 ~.~pr@9 1 abbe,andt~, TRACT Sd7j~` `'Qx a .Fgrp n;atAn thgVr,; TG4T4~9T9R~~ Shall" v a N d'. ~ gpl do o ,thestirge,,~0 place,Vhe,re,iine and gr e' et„~sli}~Ee~~aref8ly r, ~1 preseo 6 .by . f~T ~R ,Arl~ Casg.,of,car 1 ss Qesttr4ction moval b ' hif hf - a ll;u stal t mars, eta,, sh~,llr.4e .rPplat,ed; , S IV J.': e'xperl e, , at tir'e' 00711 0 41 2.07' ~60 AE` ok"t' ibof~~Y~~~ o ' p ON `NNDEN kq: fi4 G~NTFkTO ;thall, ggiye adequate aften on e'`i' t u ros ution and comi,letion of this con- tracte , an,d shall >kepp,on th work,,durlrlg .its proggress, d comaetent suporiny., tend nt''alnd' t heceSsAry 3siSi;6 . ` Tie penint6nden> st1,d11 re rosent,,, A 1 1 the`COt~tOAC'tOY R`s'absed'ce "nd'a l dtrec ons.giveri to h r~ shal be t binding a`s"if'giveri Vue C6N RAC6t F7. g n h4e,0q Bent cor)traGtQr; t. $ ay~l i a The ONTRAC~a i s all' tines Ii SOIL des OhS ~ma~ 7 i,. ible,f0' M manhe~^ a d mP't. pd, G piplot ing.►r,iS work this c}4t~'eb't',' With, f i oy/e4- ahdu,~hpprity to select the ;1nEens, ,method and tnahhor' bf ' erfiin~ h wo1~k, p to as }ch thods~,do,.{rct,adyersely affect the cb+h~Yeted 6p A ehtt . It o dW ~ and s HGtNEZ .pelno i6terested only in the result obtaihe`d' nd`eb4iiorr~ity'o such completed improvements to the Mans, specifications and contract. g 10.15-71 Milan Likewise, the CONTRACTOR shall be solely responsible for the safety of himself, his employees and other persons, as well as for the orotetton of the sai'ety of the lmprover:ents being erected and the property of him- self or any other person, as a "result of'his operations hereunder.; Engi- neering construction`deawings and specifications as well as any additional information concerning the work to a performed passing from or through' the ENGINEER shall not be interpreted as requiring or allowing CONTRAC'TOR 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 a~ to the work the CONTRACTOR is to perform CONTRACTOR sha:l be fully and completely liable, at his own expense, for design, construction, installation and use, or non- use, of all items` and methOds incideht to performance of he contract,'an,d for' all loss, damega or injury incident theFetb, eitheh. to' person' 01 p`ro br'ty, includidj, Without` ll iMitation, We a'dequacy` of, al) tempbrar'y ~s,Uppo~,t I~ shoring; bracing', ;scaffolding, M'achint:`ry' or'equi'pnr:nt, safety' orkaUi'lo~s or devices',t W simdlaV iiteA~ br deVices' used by film' duirinj cchsthtllLio~ An review of work in procass, or,any,vi it or observ,etiop durfpg Fpn- struotio"n~; a'h"y'Clar`ifi6C idrepp~e5entatiVe ol of~plan"Send ~~pe ifibatibns,, p~ N 1 DER, or any agent;' eiitplb'`bt` ~t dither of, t~l:d~,' I,: ih'Ngh„ ersonal obsb6itiod oh the'phb ectsSto or by sh~ani f. Mr6v, l,shodruion'-' ' ebh t'' cVion,,`rj e., , or ;y, pt means ors ftetho'd i3' a`grebd b'y the CAN RACT tqq@ orr t, ~OSe,' ` b ' i 'p ~ observing the extent and nature of work cdfiplbtid'o fo'Pm~d~d3 measured against th drawinggs and specific trion j,p,q titu,tl g the sop tact, or foil th'e "prurppi~ k' bf eh~b11 fib' COFIfiR?!t; OR;' Q` ,rq r fully Git"d t , plil and ?cificatjd`f so` ~hal`fie'cdn~pletld° o theret stl`otg4i low bo hd ` h'a111 iir''i~o 'rel'~eve 'tfi" OMJttd~ QR from bet' the beF"0erPm~arie" f s'wdrk'bh'fH " d @ responslGrilit' f'orte` , h r¢! AT 1 cludiir'9rbilt ti+iih uI 11 WA ~fhegip 6Pr10 y QQ dens' An~ 5{g e CONTRACT9W inoipd fo 1 sdid crriti' j,;a rho , efy~ X bin' b t, ac .O~fi 1 sh u ,9 P1 , lens I0 btW2, a61 t s ,f6 p eri~~6rid's aiphi; k ,t"m~ h4'~q ~te_~tin a b the CONTRA T i~ fr`or~' ' , j , ; ?►S a0Y ev vidence 'dUri g ah,~~'suc Jisit~ti~on ~d ~t►bseroatl6n b~,'t a CNCII i of his representatives, whether called to the CONTRA 0O S'attenti~n"or not shall in no w0y, relieve CONTRACTOR from his responsibility to co,ppiete, all work'n Wdrdajc with said plans 1and'speCifjcitions. , 'SyU DER57 s, hod ~i ' 4r i`sut~d hiprs and 'G1f as agreee 2008 CONTRd50. care u :e m I61N6 ,,t~o th:nAEurk~ an~dIocaOi 'b'f the Warn-:the o`6t. lio ~ of pti gr4Hn4> tnp„eh#Scterr, l,, : r quality and quantity of the materials to be enc6htered, the character 10 equipment and facilitie needed preliminary to and during the, pros,K*jtRn, of ihe'ribrlZ(` the` gdnel`a ''b'nd'td ai `cbrrdi`f,tAris', 'a{~d `all. ot#~Or„ net`s whiff can 16tahy icy' a0edt''t4*'6~+ 1SnL tK cgn'trh 4q yer•b",l a914000ent; or„ t con°:ersa'titlh wit4l any ~ffiec bgeirt dF'6464P ei~tlte'r bdfoed"br afe i'1~11 is~shq a,f ept or. modifyR-ShbfF thb''t rn+ r,oo"abligat dh$ h~tC`e,~h,cor~toink¢,° 10 10-15-11 r 2.C? CHARACTER OF WORKMEN, The CONTRACTOR,agrees t+1 employ only ordiirly ana cuiipp ant mart, sk'-! in the performance of the type of Work reyuit'ed . under'this contract, to do the work; and agrees that whenever the ENUNEEP shall inform him in Writingg that any man or men on the work are, in his opinion,'incompetpht, unfaithful or disorderly, such span ati~ eJen shall be discharged from the work'and shall not again be employed on the wbrk with- out the ENGINEER'S writitbv consent. 2.10 CONTRACTOR''i BUILOINCS. 'The building of structures for housing men, or t e erection o tents an other forms of protection, will be permitted only ai such pla es as'the.E;NGINEER shall direct, and the sanitary,06di- 06 01' g'ro nds in or abut: such structures shall at all times be mairit,ained in'a manner, saitk aCtor''to the ENGINEER. 2'A tS IT ri' N, llt~ani t'aryt co06nier cot for, "th s`l, e 44$$laborer!s. v t ,)n tie , ohs rycted a~ i obser aa ir on; t, . r l;~Pe~"1,y;seCl.i(¢d~td frortti; f ,1, c and fn'tained'by th CQNTR~1t.'CJ5R in such, Brian er an, at Ay,r' Ints.. ;~s,sha11 ; be a~proyd`by; theGiN1i,~Ji~~d thA1N use sail be $Lr1t ~y eriforced,,^ f , , lltt 3:~ slli i, 2.12 SHOP DRAWINGS. The CONTPOCTOR shall submit to the ENGINEER, wfth such prnJnp, ng$s pis o`c4pse no. dela in. his own word or in -that of, any otter ContraCtpr, four c~ec, pd ,cohi~ if '1e$ bthery+,ise, $ ecified,; f a11, sfi4p a es re ui r>rd for, p us and/or s'dttind r ~J rfin s "a~pd; c ini~." q 1ho cork, o varlo bhp.. trade arj ')fe' 1N.' t , uri e n ,with featorlobla pr{rPt,Res ma in t es 'r d`' p et PP s ` N'q NTH+~J st,alt m e~,~ny~,cV.rr~ctl,Wk q d >ac~ " `i~G file'_ rat ' tr~p cqrCe,~ted; c4p teA and ,1'Nrt,,1.S such;' other c4', `eas hh~'h needed,t.NTNER'5, apprgYl,,of' +6UChU dray~ings ar schEdules shall not relieve th'e ()iY CTO froin respDnsiVility for deviiations from dr,,w,in s, pr, p o,lf~,gdtl,4ps,unless he has irl yriting,. aj ed, the' KGIL NEER'S, a to'! of+, p,s, r ¢eY,latj;untihQ ti e, of~su,bnls3, bb", nbr:Ohl111t h gs si b i fair a ~0 ,s of .en sort in, sho , shawl/ qs; ort schedul'p , ,rntt , 11~; ~,th C Pt,IQ ,$r resp4n~ bility tp fully~:4nsi,~ppmm+: r :1 pletely ¢vi W'' i>sh4p, dr ww np _16 ascortolh-Aheir effect, 4jj ,Ol$i obilIty to perffartn t9e cegLired so~Jt ac w~orP•,in accordance with the plops and specificatior+s and within the contr.ict time. SuZ)r,~ra`v bythe ~NGItikE slia~ltie- far,the sole purpose, of determining the suffici i`of41d drawings or;&clleoQlps, to result in finished improvements! In ppn Ity w th the a` 0,nsi,ppd jpecifications, and shall not ralieve the , ty,4~ an 1rldren-ient,contractor as previously set forthi- CON RA TbR,of.Il s 44 it Kprot;ly,udder;tool an agreed that thQ,OGINEER does not'assurhe a y o p ss upoh:the;prvpriety,grr adgquacy of such drawings.or,schtdules, o zany toctdr~ 11" methods reflected thk,1"gby, An relation to the safety of t either;per;iiproperty,4orlgn 0111, CTOR'S. performance hereunder 2;1'9' E' Y V ,the ENGINEER shali not have,thepa wet to waive tTi gqb~ antraCt, far ills, furnishing by .the CON'fRAGTOR bf , , good.r~a,t a ?d,ahis perorming,ggQd yrork as herein~.~described, snd'in ,I L ful a r Q'a t,e, w the, plans a~ , spe:i;f,icationsd iNo;faiIUre' or ariisSion of eGt1r ER toi::caver, obfeat to or cc,dernn any defective work or 11 10-15-)1 material shall release the CONTRACTOR fraA the obligations to fully and vtupdrly perform the contract, including without limitations, tha.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 CONTM(I)R, inspect and accept or reject any material furnished, and in event the material has been once accepted by the LNGINE£R, such acceptance shall be binding on the OWNER, unless it can be clearly shown that such material furnished does not meet the specifications for this work. Any questioned work may be ordered taker} up or remo+ed for re-examina'tlon, by the ENGINEER, prior to fYna.l acaSptance, and if found not in wordance; with the specifications for skid work, all expeebe of removing, re-ex,T1 nation and replacement shall be borne by the CONTRACTOR, otherwise the expense thus incurred shall be al l~ot<ied as EXTRA, WORK, and shall be paid for by the .OWNEP,; prov'ide,d that, 1 l er'e' inspectioh or 'ap'proval is specifically wluireO-y the spe?cifications pli to perforrh~aitce of certain'work spdgl{d th'' C N%'JCTOR l.h prodded witktudh ork;trithd4t ir,"questih~g prior'ins4:ction,or p 6y, shall bean al•T'e~t'pen~e of Making up;'retdoving, and replacing this wnk 'i; so directed py the ENGINEER. 2.14 05VECTS APh 11 bR REMEDIES. 'lt is N~thel' agreed that if the r{6rk or} any, part there`gf o any maWrfal' b`rou ht'6 the.`site 4f the, use, in tae' 4rohk' *'Seleoted for the S'ant6~alt bE' dee ed by;'tlie"~h as t+ unsuitable tie $pec`1a ipns, ,the" 1'I TI shall, Vfee1 'h~;Oipt'of ~Jr"itten "ho'f ce tke~eo.f. fr th'e. t4P fRa ; Q,rtlijl, f:~ relnoVa Su'ch`eatei,ialcrd'r Dil 8' 0 ',oti~¢rwi~e' r'emly such # k, sb that it shall 'b0n'}fu11"9rCbrdaN'd'et`►~ith thi,s~ contrd'ct.' , r 11 1( ,Jj Tre' CONI'RF,CfiOR f ~i4-thAkaghpes 'th~f tle 2.15= WOES, AND ALTE:W1016, ~ r t ifl OrGFETi,WF-r'make s"U' es~'End altbratibrs 6`''th'2 V0 may te' It the lihe;;'gra`o `'fonh°, d M:n'sion~; plgttot, ai~ria ,fbr,, thrg tin lrk h lretn. contemp lated°,an` POR +libreof-;X81 her 64ur`e or,~toeJr, t e-b gltirh)~ ,ry of the' consti'tUo , idn ) wlthout effectl` o the,t 3, ia'j t of this cogtt tt, the accompanying Pe fbrmalnce'bM,Pa)t`m `$oCt It If such changes or alteration$ diminish the quantity of the,work tope, dope,, thriy shall not constitute the basis'' for a claift for damages,'or,4nticipa~ed profits on the' work that may' be ditpen~Cd with,'''excdpt' as prQvid.0 fdr, uunit ~pricetit+ams under Settion 6 "Measurement and payMernt". ' It h9' AMOUnt ot',work is,lntreased, and the work'cah'fairly H dl4ssifle,d 4nde, tjie speeificationsi such~indrease 0411 be pld for aecbrdJhg to'the cusntity ,aotually4dona and' at, tha' unit pricer if lany; esta dish d f90 S,lAfi ~br~t ~r der', this coitraet ~except`'at p0o4ldetffof'`unit pride tems under Seh itf~;$ ''Measurement' and Payyiwntf' 'otherwise; 'such` ldditibnal Work shal l' 66 paid for as provided under Extra Work. In case 'he OWNER shall make,, 4gh,,ch3n91s, or alterations as shall Mak6 useless an'ty wo:k ;already done lr ma r S1 already Urdished or 'usel 10 said work, they{ th'e WNER J!lal l 'rko of , tho CONTRACTOR ,fors any materlar of labor 0 u4e'd,r'ar~d for anyy actual t¢i$ "I casiomd by such changec due to actual expenses, In'c'*►'~d •idl'prOo,rat1'on 'fo'; , the work as originally plahned. 12 10-15.71 lM YIJ/r v~~. 3, GENERAL OBL16ATIONS AND RESPONSIBILITIES 3.01 KEENING OF PLANS AND SPECIFICATIONS ACCESSIBLE. The ENGINEER shall Tu-rnT-$Fthe ~gTR C "R wWan adequaEe` and reasonagle 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 revisi0rs'noted thereon. 3402 OWNERSHIP OF DRAWINGS. All drawin4s, specifications and copies there- oT_urh2T5y Elie _ i GIN€fR shall not be reused on other" work, and, with the exception of the signed contract sets, are to be returned to him on requast,Iat the completiion of'the`v~ork. All models are'the'property of th4 OWNER': 3.033AADUEUACY OF DESIGN. it is understood that the OWNER believe- it has emp of ye. competriiT, ngipears. and designers, It.ts thergfore, agr irhat the OiINiR''shallsae resp6nsible'f& thb 'add quacy'of the`drgql fgn';u itienCyy of thrb'tdnt? t Oodwd s; thQ`0fety`oedth4 ~tv dtdrkharl 1thb pih8 h8ti sbility of the o66rit bns of thiscompleted pFF~0 r p Q . d8~s~1 ed -0th` the redG r~st+erlt4 b' the shid-Con tr Doc'uments'}bllr`apdh64a moFatibns th'e4oftiadd'ad3itioht'ahd'alterattjs thereto'ap ebVid in writifif b tfie'OWNN `y 1h'`e burddn'uf~ proof of s'uch'con~oliaris ell be` Opoh'i the'CONIRt' 09, b sh' that'fie has; d►hpl4edwitt{.ih'e,said req~l(r`eme is bf' " r6ved'mddifi ,.tiffs thereofr'ahd all.la¢pfo00 tl~e-COri 114 Dou~ahts"~'aPP additi'bfis'?lte' ationS tltemot' 3:d41 'Oa~ff''WENfRY.,'h€`WNERresanve's`°the `gait t ''esler~{h~'p>~qPoi{Y'rt~ or"~t~ ~'i$r'on"v~h'fc`1i th lWorks b0611ri"t6n0adtid foO'~ed to lie Cdtl3t'rudtad or installed by such agent, or agents as he may elect, for the, pyrpgs,e of , ins i.ri tl10' +Jdrk; 'or' 'foM'tii6 nui d'je of co~istru,WN'`Oe inli' dlling su;~h 1 pp Y*',; 'dASi coilatlr+a work as 'aid OWNE4 may, 1 3.05'" eOLLATtRAL''CONfRFCTS{ `-'fhd' U K' aghe@s`'to 0oViac~'by" o r ofeth61AoA'~t oli a a b find'mateV'idl ess~ntiay to the tbH~p l d specii',ca1lY1'aXol0de-d'fi1w'1hI6' contract "in s CN` ah'ne1` a9'`n'dt t6;del"ay m 0yogrdt.i'df the" wo'hk', dF~'da'rfiage' said 'CON7:RACTdR;;' adt of ~wheo'e slices del~iy`s -lee' s`¢ecifidall, ►ne'ntibned~"elseAok 1n the (:oris4'acf Documehts" ' ' 4. , 3.06 DISCREPANCIES AND 04ISSIONS. It is further agreed that it is the in-`' ten 6f' rhffs c`untract_tre all work must be done and all material must be furnished ih btdo?d8hce' with' the± geh6ftl ly ac'cepte'd practice, and 4h' the event '0, and" dis'rvopantlos, between the separate c`o'ntract docume'nts' ` 'tree ' (Omdi fty'`bf 'ihteV*itt tion 8effhed 'Under Cod tract Dociu6eItsShah, W In the event that there is still any doubt as to the meaniho and ih"Jht" if any portion of the contract,.specifications or drawings, the ENGINEE~ shall daflne'whie+K is'Iritohdod to'apply tb the woh3c• ~f 3.07 b e UIPMENT to caed,sprepervat CONSTRUCTION PLANT. protectionhoflall respen5 ibl 13 10-15-71 .R~ materials, supplies, machinery, equipment, tools, apparatus, accessories, 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 completion 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 Ve 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, neg9liggence, omission, mistake or default,of the CONTRACTOR, or should the CONTRACTOR unreasonably delay the progress of the work being done by others on the fob so as to cause loss for which the OWNER becomes liable, then '.he CONTRACTOR shall reimburse the, OWNER forssuch..loss. 3.09. k ti0r A ACCIOENT TO EMPLO ECS_AND Tri PUBLIC, The Mn L. oa'TV. "a~ a t-ir~~s gx@rc se ruasgna a pr:ecati!r, ons, ori}Q safety . poygPS:,An ,others gn;gr, ,near,the,Work.and,shall,,complyyv1th,all app P. go e,proy,is "s of Federbt,.SW6; and Mun}cipal safety,laws;and building an cqn tr435t14n ,WeS.A11 e4ch1nery and equ1pmept.,and other physIFaI ' hpgArda.,shall be gyarde ,in OCC%4nFe with the,;"Manual 61',Accid. n P vention n C, n tr c Qni oft A e reT'''„ 1i, QIs. y t j` hQ„ sspciated General Cvntrattors of rica lationshere' 4lAmp.~ e, I o{ 'iunlcipai laws,or;. gu-.; 1'he CONTRRAACTOR shall provide SUrh machinery, gyards , s .i~ , > oIkriays,i ladders, bridges, gangplanks, and other safety devices. The sa ety pre- cau sga4,, .agtud,l.ly,taken; anal,-0eir,,adggyacy ;shnli be the sole respon;,ibi1ity., off~,fbNTN/[CTQRr acting qt; his.discreti,oay as an indopPndent Cpntra6- tor~ 3.~r P Rf 1S~YM ~1T 5 ` lJnless otherwise, specified` it is I`ur~agrrees~y~ parkins-Mis„Contract, that, thq,.CONYPAMR will,; ext.cute separate performance and payment bonds, each in the sum of one ,i!•4, ~,1Q0.}.,pi rc,@rt igf ,the,, , ~ total,Contract price, itt.standard fgtms + , , thus, p, rpo;p r,,guaraptpeing faithful. pgrfgMance of the,work and thq , ylfil ment ,o , .any,, ga r0r, teas, rgqui red, and further gusrantee,igg payment to al l .1 1 pq,n,sQns :APPPYIng labor, and materials. or furnishing him any equipment in, the 'e`xecution of the, Colltracti,, and it '14s agreed that this Contract shall not be in effect until such performance and payment bonds are furnished and approved by. l,the„OWNER., Unless othPrwiso approved in writing by the OWNER„ the surety company underwriting,tha bonds shall be acceptable according to the latest list of . comp n.'%;'hgldinq certificate, ~r',suthority from. the, Secretary, of the Trpasijfy of ,'Oe $tatp's" , • i i r unless 6W'' 'Ise specified, the Cost of the prom Ium for the.performante and payment bonds shall be Included in the CONTRACT'OR'S proposM. f r i f) t 'fit l 1 i k, C a l- 14 10-15-71 Y rrtirs 3.11 LOS'AS FROM NATURAL CAUSES. Unless otherwise specified, all loss or damag`d'to--t~g NTRA T- arising out of the nature of the work to be done'; or frown the action of the elements, or from any unforeseen circum- stances in the prosecution of the same, or from unusual obstructions or difficulties which My 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 e a &cFt or adjoining property or' properties in any way encokrntored, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from and he any'damage or in~iury or reason of said proce s, of construction, shall be 1iible`for in and,alI claims for'such damage on account 61 his faiIure'to 611y prbte t all - adjoining property, The CONTRACTOR agrees,tb ind6mMfy;+salr'e btd'hold harmle;s`the OWNER andtNGINtER ainit any'.claim or cleiins 'foi+'dami~ ek' due tb'any' ihjur to'hny`adcbhtor g~d~bininy . pertyy' eisl`n ar growing! out 'of th ' perfdrlnahte of thb to tract, bGt ~shall,out ap~ly'to'ai~y'claim of afiy kihd a Itli qout CI Oil a such~ihdethnity` of the existence' ' bY. tharacte'r of the work'. k 303' ) P~'fAOTTTEti}TrICCCON AGAINST CLAiMMS1{'}fUF, tUBAC TRACTORS (ABOAfRt h R qqr es' a erw n eMfi y'anave e ~ n WR' h~'~filefi;"frbit ~11+ grow a claims J 1 i S mOA ,;:thanits+~Imetb;5~11h6 11 1; d4he q of,M in~r i s3 y t - , ofy bll~~pmei~t power tool s pp~ a 'il yy 1rr.the,furthba~ >~celOf thr3''perf0►4nanc@ 01this 6ntr ct.~ %'W so°de d the OWNERi the''CONTRACTQktstib~ll:'fu~hi$h'sa 06dtdry'~Gi &'t it, gation5'of!thet0turO her~aiM6bovd deS hAt1d''fiaye bakr.~ 00'11 _oi tiara dO waived;+- Mithe1CONIRAtf6k-'f&i'Is siy4 dd'"thgn''the'QMINERIr a a tfi0 of tharCONTRACTOR either' "Ay ~dirdttly a0y,Gh¢aTd'bills;`ga f'w jt~ `t er ft I , has WV1ttedi noticb: off' Withli61d,frunt 1146 CONTRACTt9'S "ufi '4 c, 6 : ~sd►iabi' }`iY~ffi`c'ielitfb'liglfi~5te all s `,'h°,tr a swn ~f: mandy deed rea f p ht .,ia lIi+~ e bsf lawful claims until satisfactory evidence 1, ,.furnished shed all l¢ have bden fully..distt arged 'wherf.J h a eats to ",the CV t;EOR s 'd resumed in =full,,! 'fin accordanccti with 'the terms 'of this' C6ritr'a+t,t,' bVi in'rib, event shall the provisions of this t0terice be 'constroed tb''impQSe''ar~y otrli- gation upon'the OWNER t` 'either; the CONTRACTOR-or his Surety. 3.14 PROTECTION AGAi11ST ROYALTIES, OR PATENTED AWNTION,. 'the CONTRACTOR` s a pay a roya t es Fnfilfccense-Tees, anoShaTT'P oxide for the use of any design, deviColl ~niateriai or process' coVered b letters' patent ors copy- right by'SUitablo leb4l at rbemtht: with, t''e" atgritod D' t' b?rrn h ;1~ht CONTRACTOR shall defend, all" suits° oeclaW§"fbh infrin emb 4,61' arl `patbnt br copyright rights and shall indemnify and save the NIN R and' BGIN~ER' haAlbis from any loss on account thereof, except that the OWNER shall defend all Auc1 suits and claims'and shall 40 responsible for 611 su.h ast' pn!e particular design, devicel++mateetal Jor' otote s, b'r the' jrrbduct. b ; a', pa`rticular manu- facturer or manufaEtuher3' 1s 'spe'cified or regi,lred by' the 'O RRI,)rovided, however, if choice of alternave"design', dice, Ma0HAV'6 0~66$s is , 15 10-15-71 t; 1 1 allowed.tq tha CONTRACTOR, then CONTRACTOR shall indemnify and save OWNER harmless from any loss on account thereof. If the material or process specified or required by the OWNER is an infringement, the CONTRACTOR shall be responsible for such loss unless he promptly gives such information to the OWNER, 3.15 LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe and comply w -t r a 1 TeeraT, 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 CONTPACT'QR or hls,employees, except where such violations are callgd for by the provision'S;of t,he.Contract Documents.: If the CONTRACTOR observes, that the,alaps and sp~Icifications are at variance therewith, he shall; promptly no1.1 N' t , ENGjNid0 ,in, writing, and any nQcessary. changes., sha,l,l;, be, rusted as 0Fdvi, gQ, in ;f„ie, cohi ract for changes i,n, tKe, work., If, the CONTRACTOR perfP,rms: work knowing i.t, to,be , oh,trary to,,suci►, lows*.ordinartcesr4 noes, and rr~~gplq r1ing p ~i,~d without suciti,,noticq, tp, the E.NGIN.ECR, he:.shall= be.ar:alI costs arcs Aiere#rom, In case the. Qwner i.s a. body politic ard,corpDrate, the law from which it derives its powers insofar as the sane regulates the ob,iej.ts,,for which,.or the manner in which, or.t a conditions,underfsrhich the OktK> pxiy; ent r, intq;cont~rb¢t, shall, be; Gontrgllingirand shall b4 spn.sidered asp 'rt q fh, 5, ontract, b, the same,effeCt as: tho+agh,.embodied hoNinr Jt,,i .i ri r. , f 11 !!I `,(r c+~ t(.) +.i~ ~ilrl~l)`j ,.1 G"i~b{,1 3, A. M T H L*i N, ,;1he,GONTNACTOR( urther o9re8t;,xhat:.he.~vi11 4na aStenti"n tor.tbe;fuafial- NF r 1~ ~ !G j. rA ; !1 w qjY~ bis Pori men tb s contract an, ,t at hqvfi 1 n, t;,osSign.;byPahrer o , Attorneys'or,'i e e'rw ¢rrjsNtlleR sa~iprwtra i ct,wthout:the1H,itten canse0t;gf the,' ,t hat no drt pr C. Of :tha,vror wil). be..s4r418trtD.;anYGne:r: opp ect by Tq, ,,the t OJE;R orr~,,th@ 0~(NER, Thg COtiTRACTQIi°furthae a reesr;,: th,t~e;sub~,e`tfing of any.portiQn qr, fgaturQ;pg~the,work; oC materidls;!r req ir'$ in t $ Q if~rmanr~e o this, wntraqtshall ;not,,MliVve;,thiajCON-n TRA 1'G, frgm s` u 96 1194tipns tp,tha QWNkR,,as provided by.,this Agreement. 3:f7' ' 1' H6T# T~e 66NTOC>4R $hall defend, Indemnify rjnd hold harmless t g , ,ar,, the ENGINEER and their respective officers, agents. and employees, 'from ar4 against all damages, claims, tosses, d4mands,+ suits,, ,iudginents and costs, including reasonable attorneys' fees and pxpgnsps,,,ij:; arising ni,t of or 'resulting from the performance of the work, provided that any such 41mages, r.laim, loss, demand, suit, judgment, cost or expense: I (1) I,4 a:t.,tribptahle to bpn) „ly injury, sickness, dispaso or death Pr, tp .in3ury tp ,or, ~e$4vctt.pn of tongible prope'ty << joji; (ptifl thajl:the worfC iiSe f)iRCluding the, loss of use [.-I, resu ing xherefrom; agdo Q)Is cd sea„ln< whole ur,,in part, by;.ny negligent art, or,,l , ,ftSipr4 pff,$ Conwtractpr, any, subcpntrac.tor, anyone l directly br Ingir44tly;employ' d bYfi`ny. one, of, then or t 1i I '.anyoge for, whose acts, any of area may, be,lIobIo,=re, gardless of whether or not it is caused in part by a party indemnified hereunder, lb 10-15-71 J es► The obligation of the CONTRACTOR under this Paragraph shall not extend to the liability of the ENGINEER, his agents or employees arising out of the prepa- ration or approval of maps, drawings, reports, surveys, Changge Orders,. designs or specifications, or the giving of or the failure to give directions or in- structions by the ENGINEER, his agents or employees; provided such giving or failure to give is the primary cause of the injury or damage. 3.18 IIJSURANCE~ The CONTRACTOR at his own expense shall purchase, maintain ana~eep ~ a such insurance as will protect him from claims set forth below which may arise out of or result from the Contractor's operations under the Contract, whether such operations be by himself or by any Sub-contractor 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 otheh similar employee benefit acts, in accordance with statutory requireme . M ! Claims fotidamages;begause•of:bodily injury occupational,, sickness or disease, or death of his employees, and claims insured by usual bodily'inju'ry liability' covp'Nl+ges in`adunt ofinotiless than..$100,OOMl fot'injuty to one.1person, and fb not-leW than $300,000:00; for ohe accident; (3) r,Clatms for damages! because of bodily injury, sickness,or, disease; ) br.death of'anyr'pbrson other'thhn his employees, and claims ?.insured by, usual=bodily?ihjury liability covdri§es; in amount > of hot> lesr: than $10O i0O0 XO !f& A hjury to 'one, person and l for' !n6t less than' $300,000.001fdr one ac0l(Wrnt; (4) Claims for damages because of injury to or destruction of tAfi0ible property, including lbss of"use'resultid§ the"fr'om, in aniakount of,not1Iets:th&n $50,000,00 for orieraccident r ;.and not,less4ha_n $100,000.0O;aggYtgate; i ±of not tessath~rgie l00C000~00fforiin)Uries toaoneapersons.,andnhot less than $300,000.00 for one accident and automobile damage insurance in?amount of not less than $50,,000.00; (6) f,TheiCONTRACTOR shall procure, maintain and keep,in offectf,Owmer's Protective Insurances which not only shall cover the'CONTRACTOR but which shall'Cover alI of.the'Cofltractor'9 Sub-Contractors~ i n an amount of not less than $100,000.00 to injuries. to ote person and, not,lewthan $300,000.OOJdr.one accident.' 3,18.1 CERTIFICATE OF INSURANCE. Before commencing any of the work, CONTRACTOR s a '"f'fi1e"MBi,~tho ivalTUCertificates of insurance acceptable to the OWNER and the ENGINEER ,,,Such Certificates shall contain a.p"rovision that coverages afforded under the policies will not be cancelled until at least fifteen days prior wH tten notice has been given Wthe ONIIER:~ The CONTRACTOR shall kh o file with the OWNER valid. CertifiCates of Insurance covering all sub-contractors, 10-15-11 17 4. PROSECUTION AND PROGRESS 4.01 TIME 1O ORDER OF. COMPLETION. it is the meaning and intent of this contracts unless o erw se hire n spe"cfi~ically provided, that the CONTRACTOR shall be allowed to prosecute his work at such titres and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction; provided, howevbr, 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, that when the OW1Ir.R 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, scheduleswhich shall how:the order to which the CONTRACTOR proposes to carry on the work, with dates at which the CONTRACTOR will start the several parts of the work, and estimated'dates+of completion of the several parts. 4.02 EATEIISION OF.TIME, Should the CONTRACTOR be delayed1n4elcompletion of the wort iA . ac 1or• neglect of! the)OWIIER or ENGINEER, or of any employee of either, or by other contrract0s employed ~by)thelOWIIER;lor:by,changes ordered in the work, or by strikes, lockouts, fires, and unusual delayys by common carriers;j,or_iunavoidable,.ca4se or, causes beyond the CO11TRACTOR1,S tontN), or by any cautalwhich the:kNGJNEM shall decide Justifies, the delay,+then an ex- tension+ofEtime shallibe:all.oWedifoh completing',theiwork ,,,Sufficieht to com- pensate.,folnl the: delay;,fthe) amoubtroiothe' ekto016h toibeAetermin"ed by the ENGINEER, provided, howeyer,rthat the LONTRACTOR_3hal1E•give the ENGINEER prompt notice in writing of the cause of such delay. 1 'S Ci I.r f i cC'' 't t±~ Irk Pk3 j,tr, 4.03 IINURANCES iDiDELAY5, No claifis,shall be made by,the CONTRACTOR for damages rsu ng, rom +it tances,or";delsys.from:any,cause (exceptrwhere the work is stopped by order of; th.e:OWIIER)' during the p,-•o$reWof.any, portion of the work embraced in this contract. In case said wwork shall be stopped by the act ofothe,.ONNERj'then suth:'expense-tasiiw4he.:3udgmentrof-,the._ENGINE'ERais caused byr'such stoppagpe of,said work-31ra11 be: paid by:'the OWNER to,the COU RACTOR. /I'I i. PII (.r¢'.',le 7 E'il ij. i. .'a( i {i,; .lS `,Y~ 4,04 LI MOMED DAMAGES.E?. The CONTRAVOR agrees 1 that time is, of, the essence TT i s contract, and-tTat for each day of delay beyond the number of days herein aggreedlupon~for the completion of tho work- herein specified and'ton- trdctW for''(after due alldwance of such extension of.time•as is provided for undor Extension of,Time hereinabovd), the OWNER:may withhold permanently rr following thb-CONTRACTOR'S total lcofipensation, the amount per day, g schedule, not as a penalty, but as liquidated damages and for added expense for engineering supervision, etc,, in connection with the project: ~m MI6 r( f`1 . Liquidated •E~ •,rt r,i `I I !rs I.E Aount"I l i Amount t of E i I I Of Untractr Damages Pere Day 100 $ 100,000 00 1e3sl;,, „ $ 150 l oO ,001 to 5009000 500 y001 i to "1,000,000 200 1,000 ,001 to 2 0000 1000 300 . Over 29000,000 400 18 ! 10-15-71 5. MEASUREMERT, AND PAYMUPif S.Ol UAHIITIES AND IdEASUREMENTS. No extr.r or customary measurements of any n w "1 , a,`~ o<re , ut a actual measured and/or computed, length, area, solid contents, number and weight only shall be considered. unless otherwise specifically provided. 5,02 ESTVRATED QUTA_N_T__'ITTIIE.,S. Tits agreement, including the specifications, p ans an es mate, is intended to show clearly all work to be done and material to be furnished hereunder. Whare tl.e estimated quantitios are sham for the various classes 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 the work and for comparing the proposals offered for the work. It is understood and agreed that the actual amount of work to be done and material, to be furnished under this contract may differ somewhat from these esti - mate$, and that where the basis for payment under this contract. is the unit price roethod,,paymeht shall be for the actual amount of such work done and the material frlrniShed,~; . , ' ` r metho4, the C010 ACTOR, agr?es It At tie . Whe payinept, is base, ,un the pelt p„i ce. inake'rioclaim for damages, anticipated profits, o othepvise on orpount of any differences which may be found between the quantities of work actually done, ,.tpe t ial actuail furished 44~4e,r this; empty ct and the estiate; quantities that n case,the cot ip died nd,Fon,aitie in fh,e.Propgsal 'prpy_,dgd► hq1-raver,,,, u' g4anti of anv;ipa.~or,iteq~ shoulld .tg,co~pe as my~~~h,gs%¢re It han, or`,?0% S' it h ,h;. 1 of f r sli e~, 4, contempl ated q anpi ty',,fp,r. sNcK i,tenys'~ ~theq, ei ther,,; t, Agre P, , u h~ n`,; sr1a.1, , gnitl,ed to a reYised,. on;iQoratton ! ti E wo`ab' o be9py+ q the,gstima,ted, qua,rl ' 40 ~ tti8 pbr, ion r d` 1p + j~ . Y e iAA ?itr~S inf. l! , ru,pr~ l~nI~~I ~,i iwin u_ re j ~ #tLgg~t lnst q p~ prop 5'a'1 #h 5't I►al; a {awl cost equal' o or greater than five (y p r cgrtit of; the total contract cost, computed on the basis of the proposal quantities and thQ,,cggtrpct,ynit prioes,E by v~ ltd ns~dgra Abp i to ~e detgrlnIpi by,aggreemgnt between the parties, E rE' b p`eiis, bY,tf~,, fes,,o ~ki~s Agrggr~e►tt► as, provided ,ynder txtra, Work , 1 I, "pk Zn,c ns1der,a on ,of the4'Nrn#st~ing of all the necessary. r e94 nt;an~ MAt rJot.arid t11o comple{inn of;all work by tthe COl1TgACTOR ~ work and of.thhe delivery of all maerialB a e n , rt op qq l ompl tl gg on, in his Con ract inR#ull'conforintty with the specifications and stipulatraced herein contained, the OWNER agrees to pay the CONTRACTOR the prices set forth q f agr es aQ rehih has been made a. part of ,thi•; contract. 1q,ithe. p ai h@reto, att@Fflod ►w t ,Th +CQ~jr,;hereby pYe such prices in fail for furnishing all ~tef~a, 4nd a1'1 1abQr r'oqu red f9r,l.he aforesaid work, also for all expQense, gg m, and r,w 1 and ;truly ppgr>`or~ing the same;hnd t11e whole er.9ofatnyi~h q~nne grid according to., this Agreement. AL ' A ' N ` . Qri :pr` before the .10th day of Bach month, the COliikAtTOR ,JR ,r are ;n U Alit to, the Ei1G tIEfR fot' approval or mod1i~ication q stgttt a cable the total value of the work done by. $ co lY as pract mk!1ir ~,oW to qj tftQ,CN1.'Clb up to ajrl incluJi,ng,tha 1st day qf iite preceding mprtth; spld: ,;st tre6 nb sha,1 :also i,r{clyde thrt value;Q ;all so, nd rlteri is deliver on,,the sitq o~ the werk that are to be fabricated into the work. 19 10-IS-71 rrir~~ ■ I I . - I 1 "77 1he OWNER shall then pay the'CAIIYRAC'rOR On or before 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 tent shall be retained until final payment; and further less all previous payments and all 'further sums that may be retained by the OWNER under the terms of this Agreement. It is understood, however,,that in case the whole work be near to completion and some 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 04ER'S option, may be relieved of the obligation to fully complete the work, and, thereupon, the CONTRACTOR shall receive paymem, 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 th,~ right to take pos- session of and use any co" eted or partially completed portions of the work, notwithstandin the time for com letin the entire stork or suchortions ma noP have e7tpired but' sach tekngppossession and use shall not bepdee*d an may a c- ce tance of an work not completed in accordance with the Contract Ddcunizn't's. If such prior use increases the cost of or delays , the wgrk, the, CONTRACTOR shall' be entitled to such extra Compensation;,` br'eictettision'of tune, 6y' both, as the ENGINEER tndy dete►anihe. 714 WNT'fi.A&OR~ i;hall' hdt`ify ` ffib' ENGIFIi tR wren, tfi~'thre1't0NIW,CTOR','S`'o i h;. the r r v e r n to6tr`atf, Is "cubs tents dj 1 - Coinpl eted" aod' Then sd' note fyiHg the EiitlI if R,' t e CONTRAGTA ahall Turn sh' t6 the'ENGINI:~ft 'in wr`itin a`' e4,01e' li0, 45 t~ uVi'l~-fthed work. The thiGWEft"ri 11 v ad d''t}iei`et'o'~'c1i iterl ~thileir`te'QOffTRtcsjs'1164~'to OR'Sls`t'of ~~fflih'd',wb``k adrtll complb`tidn"'bf'th'e~ str iAl&ee'or4'facll j~frornn; R rforming all of the work undertaken, whether of,a minor or, major ppture,.and ereby'~tWoleting` thb'strUdu~e'br 'fac`ijity in'bccdrdafice'th the OhVraet , Document3, 5.06 FINAL COMPLETION AND ACCEPTANCE. Within ten (10)days after the'CONfARTOR fias given the E1 E written notes that, the work has been.comppleted or sub- staht~id~llcOm'pplet.d,''the €1$1NEER ahd'the OWNER'shalI'iAoe'oi the ~r'oh~'JAd`0thin said tit if'the work` be fdbrd`to be- completed or' sub'stanttAlly cohtp'leted'in'ac- cordance with t q ntract Doculnen s, the ENGIIJEER shall issue to,+. 0 NER, and th& CONTRACTOP h drtJfi ate 'of ompletipn, acid Cher upon it shall e fie the 'duty df t'r,t; OA1Itft'wjth ~1 teh' (1 ) d yt'tq issue a' Certifa e' of.Ac~eptanc~ of the'' work tti` the'.Crtlfl'iT1A MR' 'rip td advise,thp.CONTRACi'OR in;Wrfting bf the rebson'for non'}8t~e~itante,' t ' r ,i ' .t Ir 5;07 `F=INAL PAYMOT, Upon the Issuance of the Ce,•tfficate df Commpletion, 'the €1Y~ pprceed to snake final measurements and'preparO final 'statement of the value of all work perfomlyd and materials' furnished under the terms of the Agreement and'shall certify same to the'OWNER, who shall pay to th,g'CON RACTOR on or after the 30th day; And before the 35th day, afteP the date''df 'tU 0et:i- ficate of Completion, the bala ce due the CO~ITPAVOR under the terms of.this Agreement' prn'Yfided he'ha§ fury perfohaed h'i.s comtractual,'oblioations "under the tdrMs'of. this cbnt~'a'c't;I- r ' and skid Qayraenk shill b6come dgts in any evpnt'Upo~y said p% 10H4 ed U he CONI'AA~;TA, 'fi 1 tfhe01 t4 Cer'ti0{icai of Aceep a e "F ffie' COAT RC, ob,elf`~Os;Fritntsq;Hb`1'elftre'Ghd: p r t~orulf llni o nyc ~l~~ fY wh ch e RACT o} ~`jf many rQui red. .1 T r 20 10-15-71 ~ rr~a~o~r~r rrlrrrcn"a~ 5.08 PAYMENTS WITHHELD, The OWNER may, on account cf subsequently dis- covered evidence, w h'Old or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: (a) Defective work. not remedied. (b) Claims filed or reasonable evidence indicating probable filing of claims. (c) Failure of the CONTRACTOk 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, Vindication that theiwork.will not be cornpteted WI thin the contract time. ' , When t>tie.above groupds, are removeQ or the CONTRACTOR proirides~ a Surety Bond satis#aciory„ to, the C'WNE1t, which will protect. the OWNER. iA the amount with held, payment shall be made for amounts withheld because of theM: , ''r 5.09 DELAYED PAYMENTS. Should the OWNER. fail, to make payment' to the'CON- TRACTOR o the sure named in any partial or final statement, when payment is due, then the OWNER shall pay to the, CONTRACTORj in addition' to,thd`sum shown as due by such statement, interest thereon at the rate of six (6) per cgnt.,per,,anrwml.unl(Ss.oth°rwise specified, from date due as provided under "Partial Payments" hnd "Final Payments' until fully paid, which shall fully lfqu1d`a,te,hn 1 r, nf11 to tha~CONTRACTOR growing out of such delay in payment, bUt tho'riy4 s expressly reserved to the CONTRACTOR in the event payments be not promptly made, as provided under "Partial Payments", to at any time thgreafter,treat the :pontract as;dbandoned,by the OWNER and recover. com- penatioh, s proYlded,under "'Apagdonment of Contract", unless such payments are,withhe-A j n ac;grdance with;the provisions of "Paymentt Withheld". ;.,.6 EXTRA , WORK AND CLAIMS 6.01 C GE ORDERS: Without d nvalidating,this Agreement, the OWNED may, at any time or ran time to time order additions, deletions or revisions to t e work; such .haiges will, be authorized by Change Order to be prepared by t,e ENGINEER for execution. by the OWNER and the CONTRACTOR, The Change Order sha11 set forth the basis for any change in contract price, as here- inafter set, north for, Extra work, a,nd any change in contract time which may result from, the change. In"i6 ,eyept t Vy CtifiTMt J OR shall r_fuse to execute a Change Order which has bep, Orr9p. r tho, ENGINEER, and o xecuted. by the OWNER, the ENGINEER mby 21 q 10-15-71 mwmk~.+~W 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 riay authorize minor chanrjes in the work not inconsistent 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 UNER 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~cov'ered~by) the-proposed change.' 6.03 EXTRA WORK, It is agreed that the basis of compensation to the CON- TRACYRZ or work .either added or. deleted,by a Change Order or' fdr wh16 a claim fort, E;,tra Work is made shall, be `determiObd by one or' more Of 'th'e' ' following metllods:r., Method (A)-+, By agreed unit prices; or Method (6) By, agreed' lump' sum; doh ' Method.(C) If neither Method (A) nor Method (B) be agreed upo~ hefbto :s tht Extra Work!is com6mced; ~theh the CONTRACTOR'S d11'be paid thee"actual field cost" of the work, olu'$ fifte'e~'(IS) +per cent, In the event _saId Extra Work,bd performed and paid, for under Methp'd'(l; ' 'tHOn the provisions of this paragraph shall apply and the "actual field c0't 6C, s hereby defined ito include the cost to,the C~ONTNACTOR,' '6f 'all workirjn'~' h~ as foreman, timekeepers, mechanics and laborers, and materials, supplies, teams, trucks, rentals on machiheryy anil equipment,' for the time actually mployed or used on such Extra Work, plus actual transportation charges net.-?% sari ly,incurred)q together with all power,' fuel, 'lubricants, `water and similar operating expenses, also all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security, Old Age Benefits and other payroll taxes, and, a` rateable' proportion of pren}iulns on Pertormance and Payment Oonds~and Maintenance' Bonds, Public'Liability'and Property Damage and Workmen's Compensation, and all other insurahce as hay be required by any law or ordinance, or directed by the OWNER, or' by' them agreed to. The ENGINEER may direct the form in which accopnts of the "actual, field tosiV shall beikept,and, the'+records' of 'their' atcb his, Shall 166"Mhde" availpble to'the! ENGINEER,,' Th6' ENGINEER, or, OWNER may' a~so spdWy10`wV1ttri4'1 22 before the work co(mnces, the 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 (15%) per cent of the "actual field cost" to be paid the CONTRACTOR shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the "actual field cost" as herein defined, save that where the CONTRACTOR'S Camp or Field Office must be maintained primarily on ac- count of such Extra Work; then the -ost to maintain and operate the same shall be included in the "actual field cost", No, claim, for Extra k'ork of any kind will be allowed unless ordered in whiting by,the ENGINEER. AP case any orders or, instructions, either. oral or w itten",,appear to.the.CNTkATOR to.involve 'Extra Work-.for which he shfo d ,receive compens,itio,n or an' adju,stmsnt in the construction timed he sha~J make written request to the thN INEER for written order authorizing such Extra Work. Should a difference of o inion arise as to what does~ or I does not constitute x p Extra Work, or as to the payment therefor, aand the ENGINEER insists upon its a formance the,C NTRA. CTOR shall P r, i U , proceed with the work after making written request for written order and shall keep an accurat accoua of the "actual field cost" thereof,, as provided under Method ?C),, The CONTRACTOR will therebypreserve:thu right to~submit;the matter .of,payment to arbitration,=as hereinbelow provided. 6.04. 71ME.OF ILI G CLAIMS. It is further agreed by both parties, he that aT7,q st ons o sputa o adjustment pre;anted by the CONTRACTOR sha.l,l be in writing and, piled w~th he ENGINEER within thlrty.(30) days after the ENGINEER has given any directions, order or instruction to:which the CONTRACTOR desires to take exception. The ENGINEER shall reply within thirtyy (30), days. to such written exceptions by the CONTRACTOR and tender his ftnal' decision in writing. In case the, CONTRACTOR should appeal from the ENGINEER'S decision, any demand for arbitration shall be filed with the,ENGINEEk and the OWNER in writing within ten (10) days after the date of delive'ry'tu CONTRACTOR of the ENGINEER'S final decision, It is further. a reed that final acce tance of the work by the OWNER and p 9 the acceptance by the CONTRACTOR of the final payment shall be a bar to any claims by either party, except where noted otherwise In the Contract Documents. §.05 ITRAT ON. All quest!ons of dispute under this Agreement shall be s~JUTt' o ar ON.. at the request of either party to the dispute. The parties may agree upon one arbiters, otherwise, there shall be three, one named in writing.bY each P'drtY, nd the,third chosen Dy the, two arbiters so selecte. or 1,f,t'he arbiters ail to select a third-within ten,(10) days, , he shal~l'be chosen b a Dittrfct Judge serving the County in which the major 23 r, 10-iV-71 RI portion of the project is located, unless otherwise specified. Should the party demanding arbitration fail tO name an arbiter within ten (10)''days of the demand; his 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 any 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 fi'l'ed in court to carry it into effect. The arbiters, if they deem the case demands it, are authorized to'bward t`h'e' party whose contention is sustained, such sums as they,de~m proper for the time, expense and trouble incident, to the 'appeal; ahd if he, appeal, was taken without reasonable c~~use; they°n~ay award damages for ny delay occdsio~a'd thereby. The- arbitet~s sh'aII fix' theiI<)6A'compens60 h, Onlet's`'oth``Mw O . provided by agree ent;'atrd shall a'SSe$s"ihe Z'pst`and thare's'Of thhb'~r~i tion,upon"either -j~-JDoth,PSWes.' 'the~hwahd of the a6i't es must b' °Inade in writing. ,I { h -3 7. 'AMOORMENVOF-'CONTRACT' 7.01 ABANOONMENT,BV'.CONTRACTOR: In 'the ¢NTRACTOR should'abd" 6d and-# or efute t.o`resume~~" ork,within?:eh ~~q~ days'`aft r WHtte otil~1=' cation from the OWNLR ` or,'the ENGiNffR r or' 11 th CUTRACTO fdiIgt~tb''cbmplY' with the orders of the ENGINEER, when such ord rs are consistent. with the, nt,' Contract Oocu lent4,'then1'and itilat`dhse, wfi re per{ormahte drid ppayrt4 bond:v ekistr'W%-1:Urettes do these bonds 3ha11 burl tified in writing`dnd ' directedito.tomp 1te the Wd6,:and'a,'coWof laid nd><ice shall he,deliVet4d, to the CONTRACT( After relcelvi W d notice'of abandonment the ONTRACI N Shall not remove from the viorklar)y`machi66~4y;,;equipment,'~tools, materfals'or`supplit's'tlien on the,-Job,+bdt 'the' s'ame'? togethe?'With any materials -abd equipment, 'u 4e contract. f0l the'work 'mdy Abe hold ;fort use 'on the work by the'OWNER b `th Surety 'on the pdrforma 6e boridi'dr ariother coat actor in'-, ompletion'of ` he work; and the CONTRACTOR shill not_'recOve any ''eental' ol^' credit t,he' oio~ (exctpt when used in connection frith Ixt`ra Work, where credit'thall 'be' allowed as provided for 'Under Section 6,'Extra' Work and Claims),A At being understood that the use of such equipment and materials will ultimately reduce the cost to conplete the'work and be reflected in the final settle ment. Where there is no'perfonhance bond rovided or, i.n tase'the Svtety*should' fail .to,dori4eince,cbmpliahee with th `notice foY completio'A hereinbQfpr1~ 24 10-15.71 i~~ provided for, within ten (10) days after service of such notice, then the OWNER may provide for completion of the work in either of the following elective manners: 7,01,1 The OWNER may thereupon employ such force of men and use such mar cheery, 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 bid supplies to said CONTRACTOR, and expense so charged shall be deducted arid ;,.lid by the OWNER out of such moneys as may be due, or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreem*#nt. In case such expense is less than the sum which would have been payable under this contract, if the same h,id been completed by the CONTRACTOR, then said CONTRACTOR shall receive the difference. In case such expense is. greater than the sum which would have b;en payable under this. contract; if the same had been completed by said CON.'RACTOR,-then the CONTRACTOR and/or his Surety stall pay the amount of such excess to the 1 OWNER, or 7 01.2 TfIp,QWNER,,under,"pld bids, after,,five (5) days notice published one, or mprp, tI1."3 in;.A; newspaper having general -ci,rculdtion~ ip the. county of the loc tiop of ,thp,~roYk,,,rkv let ,the eontt%act for, the, completion of ,,.the work un vr substantially tke spore terms and, conditi ons which are provided. in tytii,s, conxrAc,t~ ,,Ir► cafe, anY increase in cost to the OWNER under the new contract os„ @, under, this contract,' cpm .a d.,towhat:would;havebeerL,the cost such i L s a be; charged„to, the,CP,NTRACTOR and the! Surety shal l. ;r be andcrea ~e ain gund therefgr iipwever, should the cost to complete any such new.c9p tract,prpvQ to be less than what would have been the cosV to, complete under,thls.contract, the CONTRACTOR and/or his Surety shall be credited therr;with. , . When toe Work hall have been subs tantia)Iy'ca~nleted the CONTPJICTOR and his Suiety,sha J9be,so notified and Certificates%of Completion and Acceptance, as prpvided.in,Paragraph 5.06 hereinabove, shall,b~,issued.~,A complete items ed,staGement of;the,.Gontract_accounts certifried to; by tfie CNGiNEER as De nj,cgrregt, sha,li.then;be prepargO and,deliver,id.to the CONTRACT OpR and his 54retyi,wher09pon iha,CONTRACTOR and/or~his Nretyi or, the QWNER as the Me may bp, shol,l.pay the balance;due,as.ref'ected 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 cost to complete the work is less than that which would have been the cost to the OWNER had the work been completed by tFe CONTRACTOR under the terms of this contract; or when the CONTRACTOR and/o,, his Surety shall r;y the balance shown to be due by them to the OWNER, then all machinery. equipment, tools, m,2ierials or supplies left on the site of too work ;hall be turned over to the CONTRACTOR and/or h{s Surety. Should the cost to complete the work exceed the contract price, and the CONTRACTOR acid/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 10-15-71 Mil thereofi together with an itemized list of such equipment ai►d materials, shall be mailed to the CONTRACTOR and his Surety at the respective addresse:y designated in this contract, provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other CON- of the t OWNER s to of the T giving o and u his notice, Surety subject only property to shall be the duty held at exercise TRACTOR ordinary taro to protect such property. After fifteen (15) days from the date of said notice the OWNER may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the CONTRACTOR and his Surety. Such sale may oe 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- tions provided herein shall be open to the CONTRACTOR 'and his Surety. 7.02 ABANDONMENT BY OWNER. In crse the OWNER shall fail to comply With the terms of this contract,, and should fail or refuse to cam 1y with said terns"i~i'On' tet '(10)' days efttf Wittbn notifie~tibn by the" CONTRACTOR, then.-the' CONTRACTOR) -My tUtlpend "or'vrholly 'abahdon the; work, and hay'`rembve therefroirt ali'tnaclrlneryti''tob13 and'bgb1ph*hV;-and all-rAatei{i51's on~lhe sitd df Work that'ha4 notebeen- includedih paAents to`thb'EONtRACTOR and ba4hotibeen irNoughtt into` the work. `1 And thereupoh the ENGINEER'shall makd,an, estimatb" of 'the tbtal-) i0nount. earired,by'thb fiONTRACTOR` which btti- mate- 0al'I'AtiMdeIthe"{Value'60)1'i4t;rk'ahtu$$~~11ji'tdholete' b~'sa &'Q CONTRACTOR, (at, the 'pritbs'ttated` i`nr'the'attached`prop'A~a1'Wher 'uhiti+~pphite`s' are used);,thb Value'of,all partially toinoleted work at a`fair`arrd'e4Litab,le' price'-'ahd'the Aa obht'lofaAll=Extra work'p6,fo+tined'ai thb pHceS'8§re`d'updn or provided for by the terms of this contract, and a reasonable sumb'cover' the cost of any provisions made by the CONTRACTOR to carry the whole work to completion ahd which `cahribt be utilited,- The ENGINEER shall tt,eri make' a,fihalistatementrbf'the`b~lancb~do6 the WITRACTOR'by deductinq*on-,the above estimate hll.previous'payments by the OWNER and all bther 5ums''that. ' may bi 4b tained=by'the OWNER'uoder=the terms of'this°A§reemiht aod~shalli' L cert y A i4''td thb OWNER -Whbfshall'pay,to the CONTRACT6R'on'6r beforb ~ i thirl (30) days,aftke the'date oft a notification byy the CONTRACTOR the balance thown°by said filial statement as'~due the CONTRACTOR, undar the terms of this A~reeiiant, 'END OF GENERAL CONDITIONS i I 1 I ` . 26 10.15-71 OENTON, TEXAS MAYHILL ROAD LIFT STATION IMPROVEMENTS DETAIL SPECIFICATIONS 17EM 1 - SEWAGE PUMPING UNIT 1.1 General: Furnish and install one (1) vertical, centrifugal sewage pump Tn tie existing Mayhill Road Lift Station, and complete all piping and electrical connections necessary to place the unit into operation. Pumping unit shall be Fairbanks-Morse & Co. 6" Figure 54138, vertical dry pit, non-clog, sewage pump, identical to the two (2) existing pumps. The unit shall be complete with electric motor driver and four (4) sec- tions of flexible shafting. 1.2 Pumping Conditions: The pump shall be designed with a capacity of 1850 P when pumping against a total dynamic head of 75 feet. It shall be capable of being equipped with larger impellers 1r, the future to give a capacity of 2,350 GPM at a total dynamic head of 85 feet. Submitta0 curves for the init shall cover the f;111 range of the pump for both initial and future conditions. The rated condition for which efficiency guarantee shall apply will be 1850 GPM at 75 feet TDH. 1.3 Pump and Mootto~r~ SSe_t_tin~s: Pump shall be for vertical setting with disch rge and suction horizontal. Pump and motor setting shall con- form to the following conditions: Bottom of Motor Base Elev. 571.58 (1" above Fin. Floor) Centerline of Pump Suction Elev. 542.77 Dry Pit Floor Elev. 540.15 Pump shall be driven by an open drive shaft, in four (4) sections, with Universal type coupling at pump shaft, drive shaft, and at the three intermediate connections of flexible shafting sections. Stabilizer braces are existing for the intermediate bearings, as detailed on the plans. Exact dimensions of bearing stabilizer locations, as well as relation between pump discharge elevation, and existing discharge header, shall to determined in the field by this Contractor. Pump shall be designed to support the weight of the flexible shafting. 1-1 1.4 Material and Workmanship: Material used in the manufacture of equipment offere shy aTlbe high grade and quality throughout and shall be entirely suitable fur the purpose intended. Workmanship shall be in accordance with high grade manufacturing practice covering the type of equipment furnished. Construction and design shall be in full accord- ance with modern practice. All parts shall be readily accessible and like parts interchangeable. Only new equipment will be acceptable. 1.5 Failure of Pumping Unit to Meet Efficiency Guarantee: In the event the result of "the specified tesfis 'show that the actural overall effi- ciency of the pumping unit is less than that guaranteed, the City may accept the unit at a reduced price. The reduction in price shall be computed on the basis of $200.00 per 1% less than the guaranteed effi- ciency. Iii the event the actual overall efficiency is less than that guaranteed and is not acceptable to the Owner, the manufacturer shall make such minor adjustment as required to meet the original guarantee. If major adjustments are required the defective unit shall be replaced with a new unit meeting the specifications and guarantees. 1.6 Dump: (a) General: The pump shall be single stage with vertical shaft, horizontal-suction through 90 degree bend, and volute casing. The suction bend shall be eight (8") inch diameter. Direction of ro- tation shall be in a clockwise direction when looking at the drive end of the pump. Pump shall be suitable for pumping raw sewage and shall be capable of passing a sphere with 3-inch maximum diameter. (b) Casing: The volute casing shall be of high grade cast iron of suffice ent thickness -1nd strength to withstand all pressures of operation to shut of-' head of the pump. Hand holes shall be pro- vided in the discharge nozzle and in the suction elbow for inspec- tion of the pump. The inner contour of the hand hole cover shall conform to that of the volute and suction elbow. Necessary eye bolts for lifting the pump shall be provided. The casing back cover, and pump shaft bearing bracket shall be separate from the casing and so built to allow complete removal of the bearings, shaft, and impeller without disturbing the pump setting. (c) Impeller: The impeller shall be made of close grain cast, iron and shall be accurately balanced to prevent vibration at the high- est speed the pump will run. The impeller shall be threaded to the pump shaft or shall be keyed and secured by a lock nut which shall match the contour of the impeller so that there will bp, no projection which will catch stringy material. 1-2 (d) Stuffing Box: The stuffing box shall be cast integrally with the back cover and shall be of sufficient depth to hold leakage to a minimum without excessive friction between the shaft and packing. Stuffing box shall be grease scaled with a seal cage provided to separate two sections of packing. A split gland shall be provided to permit removal without disturbing other parts of the pump. (e) Shaft: Pump shaft shall be turned from heat treated carbon steel, ground and polished, and the impeller end keyed to the impeller such that the impeller will tend to tighten under normal rotation. Shaft shall have a stainless steel sleeve or shall be hardened for increased wear and corrosion resistance from she impeller through the stuffing box. (f) Bearings: Bearings shall be grease lubricated anti-friction type, a fectiively sealed against entrance of water, dust, or dirt and leakage of grease. Bearings shall be capable of withstanding all radial and thrust loads, including the weight of the open drive shaft between pump and motor. (g) Base: Pump shall be supported by a pedestal which extends below tFe suction elbow for bolting to a concrete foundation. Pedestal may be of cast iron or welded steel and capable of sup- porting entirely the weight of the pump and the open drive shaft to the motor. Pedestal shall be attached as part of the pump. (h) Coupling Shaft: The vertical coupling shaft between the pump and the motor driving unit shall be of ample size to transmit the maximum power req,jirements of the pump. Coupling shall be a uni- versal joint type flexible shaft and shall be Watson-Spicer needle bearing flexible shaft or approved equal. The shaft shall be furnished with three (3) guide bearings. Guide bearings shall be Watson-Spicer, or approved equal. 1.8 Motor: Electric motor shall be induction type of high power factor, for 6olt, 3 phase, 60 cycle service, with a speed as required for the pump furnished. Motor shall have a horsepower rating equal to or greater than the requirements of the pump when operating and against any head throughout the initial pumping range and shall not be less than 60 HP. Motor shall operate continuously at rated load with temperature rise not to exceed 80° C at 1.15 full load, based on an ambient tem- perature of 40° C. Motor shall be vertical, solid shaft type with anti-friction guide and thrust bearings, and shall be so designed that the service factor of 1.15 as defined by the National Electric Manufacturers Association may be applied. The motor shill be designed fo full voltage starting and shall conform to the applicablF. IEEE and N~MA Standards. Motor starters are specified in the "ELECTRICAL" section of these specifications. 1-3 1.9 Information to be SupQ] led With Bids: General: The bidder shall furnish a complete description of all equ pment'offered under these specifications, including catalogues, cuts, and other pertinent data. Where the bidder's product differs from that specified, each point of differen;:e shall be clearly stated. This requirement is to facilitate review of the bids and shall not be construed as waiving any part of the specifications. Characteristic Curves: Characteristic curves for pump offered shall be suWif ted'with th bid. Curves shall show the capacity head, efficiency and brake horsepower throughout the range of the pump for both present and future conditions. Characteristic curves for pumps shall have the capacity plotted as abscissa and the operating head, brake horsepower, and efficiency plotted as ordinates. Curves shall cover the full range of operation from cutoff to maximum capacity. Pump Ef_f_ic_i_efnc : A statement of the guaranteed pump efficiency at the spec_ified head shall be submitted with the bid. Data Sheets: Data sheets supplying the following information for each unit of equipment shall be submitted with the bid: Pump.: ( 1) Make and type letter of pump E ( 2 Speed - RPM ( 3 Diameter and width of impeller ( 4 Maximum diameter impeller for casing furnished ( 5) Diameter of suction ( 6 Diameter of discharge 1) Diameter of shaft at impeller 8} Design of flexible couplings 9 Type of bearings 10 Maximum horsepower requirements of the pump 11) Maximum horsepo,..,er requirements at the motor 112) Diameter of extended drive shaft Motor: (13) Make and type letter of motor (14) Brake horsepower of motor at 10° degrees C Rise 15) Type of motor bearings 16) Full load current (lil Maximum starting current in per cent of full nermal load 18) Motor efficiency at full load (19) Motor efficiency at 3/4 load 1-4 Weights: (20) Weight of pump plus couplings and extended shaft (21 Weight of motor (22) Weight of assembled unit 1.10 Test of Punpiny Unit: Tests of the Pumpirg Unit and Motor shall be made at tye--Tactory, and certified copies of the test data and of test curves shall be submitted to the City. The pumping unit and motor may be tested separately providing one test curves reflect the theoretical overall efficiency of the assembled unit. Test curves shall show the capacity, head, efficiency, and brake horsepower of the unit throughout the full range of operation from cutoff to maximum capacity. The efficiency of tke pumping unit shall be tested at the specified total rated head which is the head at which the efficiency of the unit will be guaranteed. In addition to the above, the efficiency of the unit shall be tested at various heads throughout the range of the pupping unit. The efficiency will be computed as equal to the water horsepower divided by the brake horsepower required. Pump shall be tested in accordance with the Test Code of the Hydraulic Institute. Quantity of water shall be measured by Venturi meter, or by measuring device acceptable to both parties. Tests of motor shall be made in accordance with the Stan- dardization Rules of the American Institute of Electrical Engineers. 1.11 Service of~Fact.go Representative: The manufacturer shall include t in his bid the cost of services of a factory representative, which service shall be supplied at the time of installation of the equipment to assist the General Contractor to the extent necessary to assure proper installation and to check and make adjustments as required in the equipment to qive the operations specified. 1.12 Installation of Pum in Unit: The Contractor shall install the pumping un t n str ct accordance watt, the instructions of the pump manufacturer. The piping shall be installed such that no strain is placed on the pump casing. The extended pump shaft and guide bearing shall be in proper alignment. The unit shall be anchored and grouted into place. END OF ITEM 1-5 ITEM 2 - PLUG VALVES AND CHECK VALVES 2.1 Plug _Valyr : Plug valves shall be installed in the suction, dis- c arge, and header lines of the pumping unit as shown on the Plans. The valves shall be DeZurik, non-lubricated, semi-steel, eccentric plug valves, or approved equal. The valves shall have nickel chrome alloy iron bodies, nickel alloy seats, bronze lower bushings, and synthetic rubber faced plugs, for sewage service. Valves shall have 125 lb. ASA steel flanges and the lever operators shall turn counter-clockwise to open the valves. One 8" valve, one 12" valve, and one 16" valve are required. 2.2 Check Valve: A check valve shall be installed in the discharge line of tie sewage-pump. The check valve shall be of the outside weight and lever type for installation in a vertical line and shall have a device for slowing the closing action of the valve to prevent slamming. The cushioning cylinder shall be adjustable for closing speed of the check valve, The check valve shall be Golden Anderson "Cushioned" swing check valve Serial No. 15, Figure 25-0, or approved equal. Valve shall be constructed of cast im n body with bronze seat rings and non-corrosive shaft for attachment of weight and lever. Valve disc shall be cast iron. END OF ITEM 2-1 ITEM _3 - CAST IRON RIPE AND FITTINGS 3.1 Pipe: All cast iron pit i ie shall be new, shall be n< eifactured in Me-[lMed States of America, and shall be manufactured in compliance with Federal ;pecification WW-P-421b. Pipe shall be Class 150 psi, and shall bear the approval of the Underwriters Laboratories, Inc. Flanged ends shall be required where shown on the plans. Pipe barrel shall be designed for 5 feet of covQr, trench condition B, and shall be manufactured from iron having a tensile strength of 18,000 pounds per square inch, and a modulus of rupture of 40,000 pounds per square inch, being designed in accordance with A.S.A. Specification A21.1. For any variation in physical properties of iron there shall be corresponding variation in metal thicknesses in accordance with A.S.A. A21.1. w2 _Fiittin s: Cost iron pressure fittings shall be Class D in conformity pecification C1G0-55, or shall conform to ASA Specification A21.10 Short Body Fittings. Flai,ed cast iron fittings shall conform to ASA Specification 816.1- 1948, 1250 Standard, except as otherwise designated on the plans or shown in the Special Conditions. 3.3 Lininc and Coatin For Pi A and Fittings: III cast iron pipe and tt ngs s`•uT1 Ve urn s e w t cement n ng, seal coated and coated outside, in accordance with Federal Specification WW-P-421b, except that thickness may be reduced to manufacturer's standard specification for sealed coated "Enameline" lining or "Cemelining". 3.4 Install 'i_._Cast Iron Pipe and fittings: A. Description-, Cast iron p'pe, fittings, specials, and valves are t~E nstaT1ed at location•Y shown on the plans and spsrified in these ~.ontract documents. B. Pi~t__,___h__3ndlin All pipe, Wtings, special castings and valves shall a andled in such a manner as not to damage the coating. Before installing and while suspended, each piece of pipe shall be carefully examined for cracks and other defects, and any unsound pipe shall be rejected. All dirt and trash that may be in the barrel of the pipe, on the spigot and/or in the bell shall he removed while the pipe is suspended. All pipe and fittings shall be handled with slings. The use of hooks for handling pipe and fittings will not be permitted. C. Maki llangee Joints: The CohtraO.or shall be responsible for tie measurement o?-&-IT connections. Flanged piping shall be 3 -i erected in accordance with the controlling dimension shown on the Plans. Each piece of flanged pipe shall be thoroughly cleaned to remove dirt, r!,st, grease, and other foreign matter, and flanged faces shall be thoroughly wire brushed to insure even bearing for gaskets and mating flanges. Gaskets for flanged Joints shall be composition sheet-packing, full faced, factory cut, of one-sixteenth (1/16") inch thickness, "Cranite," or approved equal. Flange bolts in one direction. Flange bolts shall be tightened, each in turn, at a uniform rate around the joint. Finished joint shall be water tight. END OF ITEM " 3-2 e~ ITEM 4 - GENERAL. ELECTRICAL REQUIREMENTS 4.1 Scope of Work: The electrical work shall consist or providing comp ete and operative electrical installations, as shown on the Plans and provided for in these Specifications. The work includes the furn- ishing of all labor, materials, and equipment, except that specifically stated tc be furnished by the Owner, to provide a complete and workable electrical system. 4.2 Codes and Standards: All electrical material, workmanship, and tests sha been cconformity with the applicable current standard rules, regulations, and specifications of the following authorities: National Board of Fire Underwriters (NBFU) and Nationao, Electric Code (NEC). National Electrical Manufacturers Association (NEMA). Institute of Electrical and Electronics Engineers (IEEE). Insulated Power Cable Engineers Association (IPCEA). American National Standards Institute (ANSI). National Electrical Contractors Association (NECA) Standard of Installation. Associatior Edisoo Illuminating Companies (AEIC). National qureau of Standards (NBS) (National Electrical Safety Code). Rural Electrification Administration (REA). City of Denton, Texas. 4.3 Material and Workmanship: All materials shall be new unless other- Wise speccf~ed, ariars`t class in every respect. All materials of a type for which the Underwriter Laboratories has established a standard shall be listed by the Underwriter's Laboratories, Inc., and ;hall bear their label. The Contractor shall furnish to the Owner, for his approval, required shop drawings showing all equipment he contemplates incorporating in the work. Samples of materials shall be submitted for approval when so directed. Equipment, materials, and articles installed or used without such approval shall be at the risk of subsequent rejection. The shop drawings shalt include catalog numbers and complete description. Approval of such drawings, equipment, and specifications shall not re- lieve the Contractor of the responsibility for the satisfactory perform- ance of the equipment as furnished and installed. 4-1 I I All electrical work shall be performed under the direct supervision of a Master Electrician holding a valid license in Denton, Texas. All work shall be performed by competent workmen, skilled in this type of work. Work shall be neat throughout, and structurally sound, 4.4 Grounding: All conduits, motors, cabinets, outlets. and other equipment sTis.ll be properly Bounded in accordance with National Electric Code requirements. Tha ground wire shall be bare stranded copper, sized as shown on the Plans. Where ground wire is exposed to mechanical injury, it shall be installed in thick wall conduit. Connections shall be made to equip,aent with solderless connectors, such as Burndy Type QA or approved equal. The metal surface under the lug shall be cleaned to bright metal. Connections to motors shall be to the grounding stud which shall be thw%!aded into the stationary frame and not an end bell, and the ground wire shall not be lugged to a mounting bolt. Equipment not specifically shorn connected to a grounding conductor shall be grounded by means of a conduit supplying the equipment. Where direct metallic connections ~.annot be made, bonding jumpers shall be used. i 4.5 Testin ; All circuits shall be rung out and on completion of the work a of the installations shall be entirely free of grounds and short circuits. 4.6 G*iarantee: The Contractor shall guarantee against mechanical de- fects in any or all materials and workmanship covered by these specifica- tions and shall make good, ro pair or replace, ac his own expenso, any defective work, material, or ;cart which may show itself within a period of one year after final acceptance of the work. 4.7 Service: Electrical service at the Pump Station is 277/480 volts, 3 pFasa;_4' wire from the utility's padmount transformer as shown on the plans. This Contractor shall assist the power utility as directed, in making final connections at the troinsformer. END OF ITEM I 4-2 r HEM 5 - WIRE AND CONDUIT SYSTEM 5.1 Conduit System: A complete elect-ical conduit system shall be • 1=urn_s e an nstalled for all electrical wiring. All conduit other than that buried in earth, installed in concrete structures, or as noted shall be heavy wall rigid steel galvanized conduit, Rigid steel galvanized conduit shall be hot-dipped galvanized inside and out and shall conform in all respects to Federal Specification WW-C- 581d, ASA 080.1 and underwriters' Laboratories Specifications. The conduit shall be protected by a chromic acid rinse. Conduit shall be Pittsburg Standard, or approved equal. Where used, flexible conduit shall be American Metal Hose with a neo- prene jacket and Appleton Sealtite fittings, or other approved equal. Connections to motors shall be flexible metal conduit for a distance not to exceed thirty (30") inches. Conduits in buildings shall be exposed on unfinished ceilings and base- ment areas as shown on the plans. Conduits shall he rigidly supported to the building structure by means of straps or clamps, bolted or screwed to the structure. The straps shall be of the two-hole pipe strap type and clamps shall be of the one hole pipe strap type. Conduit sizes shall be as shown on the Plans except that in no case shall a conduit size be less than that required by the National Electrical Code. Three-fourths (3/4") inch conduit is the minimum size that will be permitted. Double locknut construction shall be used on all conduits, terminating in stamped metal motor terminal, motor starter, safety switch, outlet, junction or pull box, etc., with approved type of bushing over end of conduit, Length of conduit threads shall be increased at outlets, junction and pull boxes where necessary to accommodate double locknuts and bushing. All bushings shall be fully seated against end of conduit. Bushings shall be composed of an outer threaded metal ring with an inner insulated compound ring molded into the metal ring, or 4;hall be of the threaded type, composed entirely of an approved insulating matsrial. Conduit nipples shall have two independent sets of threads. Running threads shall not be used. Where conditions require joining two fixed conduits into a continuous run, a conduit union shall be used. "Condulet" type fittings shall not be used on conduits containing wire N4 AWG Gauge or larger sizes. Pull boxes shall be provided and installed where necessary to facilitate the installation of cable and wires. The pull boxes shall be N.E.C. size. Junction or pull boxes installed in concrete slabs shall be cast Iron. All other boxes or outlets shall 5-1 be of 344 stainless steel or cast iron with watertight covers. Pull boxes and Junction boxes shall be accessible a,id not buried. 5.2 Wire and Cable. All conductors shall I,e 600 volt thermoplastic nsu a ems n~g~onductor copper, 75° C., Type THW, wet or dry. In addition, the wire shall be hater tank tested and approved as machine tool wire in accordance with the National Machine Tool builders Association. Thp wire shalt be Anaconda AP06101 or approved equal. All wire and cable #8AWG and larger in size shall be stranded. The minimum size conductors permitted is #12 AWG, except as specifically indicated on the plans. All wire shall bear the approval of Underwriters' Laboratories, Inc. All splices and taps shall be made with mechanical type, compression e or with ScotchiTapeoNo. 33 , shalfplappedantotaps thickness then of 11-112 i times tthe conductor insulation thickness. All conductors shall be continuous from outlet to outlet and no splices shall be made except at outlets. Sufficient wire shall be left at all outlets to make connections to apparatus without straining. For all wiring systems, the wire shall be color coded in accordance with the National Electrical Code. In conduits or runs containing from two to seven conductors, no two conductors shall be of the same color. In conduits or runs containing from eight to fourteen conductors, the same color shall not appear more than twice. For runs of more than fourteen conductors, the same color shall not appear more than three times. Unless necessary for pulling purposes, conductors shall be continuous from terminal block to terminal block without splice. Under no condition shall conductors of a different color be sliced to ether. n a on to co of r cod ng, a 'f crcu t s`aTT`b e tagge at term na s. A soldered splice tap or connection shall not be acceptable. END OF ITEM 5.2 ITEM 6 - ELECTRICAL EQUIPMENT 6.1 Electrical Connections to S ecia1 E uipment: The Contractor shall ma e a e ectr ca conned ons to eau pment furnished by the Owner and/or furnished under other contracts, and furnish wiring, conduit, outlet boxes, etc., as required for same. He shall check the Plans and Specifications and inform himself as to the amount and type of such wiring that may be required and include same in his bid. 6.2 Separately Mounted Motor Starters: Motor starters not located n motor control center-s si~j l_ie General Electric 200-Line, or equal, combination circuit breaker type magnetic motor starters. All starter enclosures shall be of NERA 12 construction. Each unit shall have an engraved bakelite nameplate attached to the front door. Starters shall be for full voltage starting unless otherwise indicated. The starter shall have three external manual-reset overload relays where shown. Where control circuit transformers are indicated, each starter shall contain a 460 to 120 vo't fused control transformer with sufficient capacity for all the devices shown in the schematic. Where a device is shown in the schematic and is not specifically designated as being elsewhere, the device shall be installed in the corresponding starter. Where control switches, pushbuttons, or indicating lights are not specifically designated as being elsewhere, the device shall be installed on the door of the starter. Wiring diagrams shall be provided on each cubicle door and shall be protected such that they shall remain attached and legible for the service life of the equip- ment. Control accessories shall be as further specified in this section ` of the specifications. Connections for external devices, such as to level control shall be wired to a terminal strip within the starter enclosure. 6.3 Control Stations Switches and Pushbuttons: Where remote from the starter switches, pus pushbuttons, an control stations shall be heavy duty, oil tight. Enclosures shall be NEMA 3R construction. In general, control stations, switches, and pushbuttons shall be General Electric CR 2440, or approved equal. 6.4 Timing Rela s: Timing relays where indicated shall have the capb~i~~ tyroe hand set by an external dial. Terminals shall be front mounted and readily accessible. Ranges shall be as, shown on the plans. The timing relays shall have both normally open and normally closed contacts. Timing relays where shown on the plans shall be An ,astat 7000 Series time delay relay, or equal, for operation on 120 Y.A.C., 60 hertz. 6.5 Level Control: Furnish and install a 3-stage, pump-down 13vel control for control of 3 pumps. Start and stop levels of each ',tage 6-1 shall be independently adjustable. The control shall have automatic alternation of the first two pumps in the sequence. A selector switch shall permit sequences of 1-2-31 2-3-1, or 3-1-2. Sequence restart of the stages following a power failure shall be at 5 second intervals. The control shall utilize float enclosed mercury contacts, Flygt or approved equal. One level senses shall provide an electrically in- dependent contact to close on !sigh level and transmit an alarm to the Sewage Treatment Plant. Each level sensor shall be suspended to the level shown on the Plans by means of a f;exible 3 conductor cable and shall extend from the sensor to the control panel without splice. The level control panel components shall be furnished, completely wired and installed as a complete unit in a NEM 1 enclosure suitable for wall mounting. Level sensor control circuits ;hall be 24 volts, 60 Hz. The level control panel shall be powr:red by a 1204, 20-amp circuit, from the existing lighting panel. 'rhe required 120-V to 24-Y control trans- former shall be furnished as part of the p::•iel. The control shall be as manufactured by ;st, ;orporation or approved equal. The suspension flange fog, the level sensor,i shall be a B/W WE55-49 or approved equal, cast iron flange with 1" p1pe tap. 6.6 Removal of Existing Level Control: The: existing level control for ' pumps T& 2 is an AutoconBubbl etrol. Thr, control shall be removed and delivered to the Owner. 6.7 Sewage Treatment Plant Remote Alarm: Furnish and install behind the ex st ng insirumentNne , at the Return Sludge Pump Station, an alarm bell, Edwards 340-4 or equal, a DC power supply and relay, Bristol 9J1 Supply with C1059 relay, or approved equal. Install a standard duty pushbutton and red lamp or. the front of the panel. Pushbutton shall have a SILENCE legend and the lamp legend shall be HIGH. Provide a bakelite nameplate above both labeled "COOPER CREEK WELL LEVEL". END OF ITEM i 6-2 rs. . rc'~► ~"...s. { ~'l uik is V 5 a. G '4~,1 1.. 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