WA8701-CN 870428-PROJECT MANUAL INCLUDING-
CONTRACT DOCUMENTS
AND 'SP EC IFIC ATIONS
- FOR -
DE FOREST ROAD
WATER LINE
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April, 1987
PROJECT MANUAL
INCLUDING
CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
DEFOREST ROAD WATERLINE
CITY OF COPPELL
DALLAS COUNTY, TEXAS
1987
Prepared by:
GINN, INC.
Consulting Engineers
17103 Preston Road
Dallas, Texas 75248
TABLE OF CONTENTS
COVER PAGE
TABLE OF CONTENTS
INDEX TO DRAWINGS
DIVISION 0 - BIDDING AND CONTRACT REQUIREMENTS
00020 - ADVERTISEMENT FOR BIDS
00100 - INSTRUCTIONS TO BIDDERS
O0110 - GENERAL INSTRUCTIONS FOR BONDS
00300 - PROPOSAL AND BID FORM
00~00 - BID BOND
00500 - GENERAL CONDITIONS OF AGREEMENT IGC-1 th=u GC-I~I
00510 - STANDARD FORM OF AGREEMENT ISF-~ th=u SF-21
00600 - PERFORMANCE BOND IPB-1 th=u PB-21
00610 - PAYMENT BOND (PB-3 th=u PB-h)
00630 - CERTIFICATE OF INSURANCE
00650 - SPECIAL CONDITIONS ISupplemento=y CondJtJonsl
00750 - I'ECHN1CAL SPECIFICATIONS
07000 - STANDARD SPECIFICATIONS
0?500 - SPECIAL PROV]S]ONS
01010 - SUMMARY OF WORK
01050 -F]ELD ENGINEER]NO
01~52 - APPLICATIONS FOR PAYNENT
03310 - CONSTRUCT]ON SCHEDULES
013~0 - SHOP DRAWINGS, PRODUCT DATA & SAMPLES
0~?00 - CONTRACT CLOSEOUT
03720 - PROJECT RECORD DOCUMENTS
01750 - WARRANT]ES
SHEET NO.
1
2
3
4
5
6
7
8
9
10
11
12
INDEX TO DRAWINGS
DESCRIPTION
COVER SHEET
LOCATION MAP
LAYOUT PLAN
PLAN - STA. 0+00 TO STA. 0+26
PLAN - STA. 0+26 TO STA. 4+76
PLAN - STA. 4+76 TO STA. 9+76
PLAN - STA. 9+76 TO STA. 14+76
PLAN - STA. 14+76 TO STA. 19+76
PLAN - STA. 19+76 TO STA. 24+76
PLAN - STA. 24+76 TO STA. 29+76
PLAN - STA. 29+76 TO STA. 34+76
PLAN - STA. 34+76 TO STA. 36+40
STANDARD CONSTRUCTION DETAILS
SECTION 00020 - ADVERTISEMENT FOR BIDS
Sealed proposals addressed to the CITY OF COPPELL, TEXAS for
DEFOREST ROAD WATERLINES will be received at the City of Coppell
City Hall, 255 Parkway Boulevard, (P.O. Box 478) until 10:00 a.m.
Thursday, May 28, 1987, and then publicly opened and read aloud.
The Instructions to Bidders, Proposal Forms, Forms of
Contract, Plans, Specifications and Forms of Bid Bond,
Performance and Payment Bond, and other contract documents may be
examined at the following:
Ginn, Inc., Consulting Engineers
17103 Preston Road, Suite 100
Dallas, Texas 75248
(214) 248-4900
Copies may be obtained at the office of Ginn, Inc. for a
payment of $30.00 per set, NON-REFUNDABLE.
The Owner reserves the right to waive any informalities or
to reject any or all bids.
Each bidder must deposit with his bid, a security in the
amount, form and subject to the conditions provided in the
Instructions to Bidders.
PRINCIPAL ITEMS OF WORK INCLUDED IN THIS PROJECT ARE:
Construction of 8", 10" and 12" PVC water main, miscellaneous
gate valves, 3/4" diameter to 2" diameter taps, fire hydrants,
and miscellaneous appurtenances.
CITY OF COPPELL
A1
/
(PLANS WILL BE AVAILABLE ON MAY 11, 1987)
ADVERTISEMENT DATES:
MAY 8, 1987
MAY 15, 1987
MAY 22, 1987
SECTION 00100 - INSTRUC_T]_OI~I__S__T_O__B_~.DDERS
PART 1: GENERAL
1.1 GENERAL
Defined Te~ms: Terms used in these ]ns=suctions to
Bidders which are in the General Conditions of.the
Construction Contract, have the meanings assigned to them
'in the General Conditions.
O~ner: Nherever the word "ONNER" is used in the speci-
fications and Contract Documents, it shall be understood
as ~efer:ing to the ~JY_gJ_~9~!~ Coppell, Texas.
Engines=: Wherever the word "ENGINEER" is used in the
specifications and Contract Documents, it shall be under-
stood as referring to ~]DD~__]D~5 17103 Preston Road,
Suite 100~ Dallas, Texas 752~8~ phone [21~l 2~8-~900.
lnspecto=: The authorized =epresentative of the
Engineer, assigned to observe and inspect any or all
parts of the work and the materials to be used therein.
Bidder: An individual, fi=m or corporation or any
combination thereof, submitting a proposal.
Cant=acta=: The individual, firm or corporation o= any
combination thereof, party of the second part, with which
the contract is made by the City of Coppell, Texas.
Superintendent: The representative of the Contractor
authorized to receive and fulfill instructions from the
Engineer and who shall supervise and direct the
construction.
Documents: Complete sets of the Bidding Documents Ifull-
size d=awings and specifications) may be obtained from
the Engineer upon receipt of the required payment as
stated in the Advertisement for Bids. The payment is non-
refundable. No Bidding Documents wi]] be issued later
than two (2) days prior to the date for receipt of bids.
]f =equested, Bidding Documents will be mai]ed upon
receipt of the =squired payment, plus a $5.00 handling
~nd shipping charge.
Plans and specifications may be examined at Ginn, Inc.,
and copies may be obtained upon providing the required
payment. Plans are also made available to the Dodge Room
and Texas Contractor. No partial sets of plans,
specifications or proposal forms will be issued.
Complete sets of Bidding Documents shall be used in
preparing Bids~ neither Owner nor Engineer assume any
responsibility for errors or misinterpretations resulting
from the use of incomplete sets of Bidding Documents.
Sec. 00100
Discrepancies= Should a Bidder find any discrepancy,
ambiguity, inconsistency, error or omission from the
drawings, specifications or pro~ect manual or of the site
and local conditions, or be in doubt as to their written
meaning, it is requested that the Bidder promptly notify
the Engineer who then will send a written instruction or
interpretation to all known holders of the documents.
Neither the Owner nor the Engineer will be responsible
for any oral instructions.
Addenda: Any addenda to the drawings, specifications, or
p=o)ect manual issued before or during the time of
bidding shall be included in the proposal and become a
part of the contract.
Addenda will be mailed or delivered to all Bidders
receiving a complete set of Bidding Documents.
No Addenda will be issued later than four (~1 days prior
to the date for receipt of bids except an Addendum, if
necessary, postponing the date for receipt of bids or
withdrawing the request for bids.
Each Bidder shall acknowledge on bid proposal that he has
received a11 Addenda issued.
Substitutions= The materials, products and equipment
described in the specifications and/or shown on the
drawings establish a standard or required function,
dimension, appea=ance and quality as required by the
Engineer. NO SUBST]TUTIONS WILL BE CONSIDERED DURING
BIDOING.
_1_._2. BIDDING
Method of Bidding: The proposal provides for quotation
of a price, or prices, for one or more bid items, which
may be lump sum bid prices, alternate bid prices, or a
combination thereof. No payment will be made for items
not set up on the proposal, unless otherwise provided by
contract amendment. All Bidders are cautioned that they
should include in the prices quoted fo= the various bid
items all necessary allowances for the performance of
work required fo= the satisfactory completion of the
pro)ect.
Subcontracts: The bidder is specifically advised that any
person, firm or other party to whom it is proposed to
award a subcont:act under this contract must be
acceptable to the Owner. It is further requlred that the
name of the mechanical and any other listed subcontractor
be noted on the proposal form in the blank space
provided. Failure to list these will be sufficient
grounds to reject the proposal.
Sec. 00100
2
1.3 RID SECURITY
Bid Security shall be made payable to the City of Coppell
in an amount of five percent (5~1 of the Bidder's maximum
Bid price and in the form of certified or bank check or a
Bid Bond issued by a Surety Company ho]ding a permit from
The State of Texas to act as surety.
The Bid Security of the Successful Bidder will' be
retained until such Bidder has executed the Agreement and
furnished the required Contract Security, whereupon it
will be returned~. if the Successful Bidder fails to
execute and deliver the Agreement and furnish the
required Cant=act Security within fifteen (151 days of
the Notice of Award, Owner may annul the Notice of Award
and the Bid Security of that Bidder wi]] be forfeited.
The Bid Security of any Bidder whom Owner believes to
have a reasonable chance of receiving the award may be
retained by Owner until the sixty-first day after the Bid
Opening or until a contract is awarded. Bid security of
other Bidders will be returned within thirty 130! days of
the Bid Opening.
1.~ QUALIFICATION OF BIDDERS
Ag
To demonstrate qualifications to perform the Nork, each
Bidder must be prepared to submit within five days of
Owner's request written evidence of the types set fo=th
in the Supplementary Conditions, such as financial data,
previous experience and evidence of Bidder's qualifica-
tion to do business in The State of Texas or covenant to
obtain such qualification prior to award of the contract.
Bw
Additional]y, all Bidders shall be prepared to show that
they are skilled, experienced in, and have been regularly
engaged in the type of construction involved and that
they have the necessary financial resources to finish the
Nork in a proper and satisfactory manner in the time
specified.
Ce
The Engineer and Owner reserve the right to require
documented evidence of the foregoing from the Cant=acta=
prior to award of the contract.
1.5
EXAHINATION OF CONTRACT DOCUHENTS AND SITE
A. Conditions of Nork: Each Bidder must fully inform
himself of the conditions relating to construction of the
pro~ect and employment of labor the=eon. Failure to do
so will not relieve a Successful Bidder of his obligation
to furnish all material and labor necessary to carry out
the provisions of his contract. Insofar as possible, the
Contractor must employ methods or means to cause no
interruption of or interference with the work of any
other contractor.
Sec. 00100
3
Exo~inatlon of Site: Ali Bidde=s, including the gene=al
Cant=acta= and subcont~=cto=s shall examine ca=efu]]y the
site of the Wo=k to acquaint himself with wa=king condi-
tions and all difficulties that may be Involved the=ein,
and shall examine ca=efu]]y all d=awings, specifications
and .the= Cant=act Documents to fami]ta~ize himself with
all of the =equi=ements, to=ms and conditions the=eof.
Any info=motion =elating to the Wo=k fu=nJshed by. the
Owne= o= .the=s, o= fatlu=e to make these examinations
shall in no way =elieve any Bidde= foam the
=esponstbiltty of fulfilling all of the te~ms of the
cant=act, if awa=ded a cant=act. Also, fatIv=e to visit
the site will tn no way =elteve the Successful Bidde=
foam fu=nishing any mate=lois o= pa=fo=ming any wo=k
=equt=ed to complete Wo=k in acco=dance with d=awings and
p~o~ect manual without addittona! cost to the Owne=.
Laws, Regulations, Pa=mits and Taxes: The Bidde='s
attention is di=ected to the fact that all applicable
state laws, munictpa! o=dtnances, =ules and =egulations
of all autho=ittes having ~u=isdtctfon ave= const=uction
of the p=o~ect shall apply to the cant=act th=.ugh.ut,
and they sha]! be deemed to be included tn the cant=act
the same as though he=ein w=itten out in full as o pa=t
of these documents.
Cant=acta= shall secu=e, and include compensation fo=, in
his poop. sol, all pa=mits and all =equt=ed taxes which
a=e levied by gove=ntng bodies and which a=e assessable
upon lab.= and mate=ia]s ente=ing into this Wo=k.
Refe=ence is made to the Supp]ementa=y Conditions fo= the
identification of those =epa=ts of investigations and
test of subsu=face and latent physical conditions at the
site o= .the=wise affecting cost~ p=og=ess o= pe=fo=mance
of the Nook which have been =elied upon by Engtnee= in
p=epa=ing the d=awtngs and specifications. Owne= will
make copies of such =epa=ts available to any Bidde=
=equesttng them. These =epa=ts a=e not gua=anteed as to
accu=acy o= completeness, no= a=e they pa=t of the
Cant=act Documents. Befo=e submitting his Bid each
Bidde= will, at his own e~g~D~ make such
investigations and tests as the B~dde= may deem necessa=y
to date=mine h~s Bid fo= pe=fo=m~nce of the
acco=dance with the time~ p=ice and .the= to=ms and
conditions of the Cant=act Documents.
On =equest, Owne= will po.vide each Bidde= access to the
site to conduct such Investigations and tests as each
Bidde= deems necessa=y fo= submission of his Bid.
3he ]ands upon which the Nook is to be pa=fo=mad,
=ights-of-way fo= access the=eta and .the= ]ands
designated fo= use by Cant=acta= in pa=fo=ming the Nook
a=e identified in the Supp]ementa=y Conditions, Gene=al
Requt=ements o= D=awings.
Sec. 00~00
The quantities of work o= materials as set forth in the
proposal form o= on the plans are a calculated approxima-
tion and are for the purpose of comparing the Bids on a
uniform basis. Payment will be made by the O~ne= to the
Cant=acta= only for the actual quantities of work
performed or materials furnished in accordance with the
contract. The quantity of work to be done and materials
to be furnished may be increased or decreased as
hereinafter provided.
Obligation of Bidder: At the time of opening of bids,
each Bidder will be presumed to have inspected the site
and to have read and be thoroughly familia= with the
drawings, specifications and the p=o~ect manual,
including all addenda.
The submission of Bid will constitute an incontrovertible
representation by the Bidder that he has complied with
every requirement of this section, and that the Cant=act
Documents are sufficient in scope and detail to indicate
and convey understanding of all terms and conditions for
performance of the Work.
1.6
BID PROPOS~L~
General: Bid Proposals shall be based exactly on the
documents as issued. No substitutions~ revisions or
omissions from the plans and/o= specifications wi]! be
accepted unless authorized in writing by the Engineer.
The proposal form is attached he=eta; additional copies
may be obtained from the Engineer.
Bid proposals must be completed in ink o= by typewrite=.
The Bid price of each item on the form must be stated in
words and numerals; in case of a conflict, words will
take precedence.
The Bid proposal must be signed with the full name of the
Contractor and his address; if a partnership, by a member
of the firm with the name and add=ess of each membe=l if
a co=potation, by an office: thereof, the corporate name,
and have a co=po=ate seal affixed.
Form: Hake all proposals on forms provided and fill all
applicable blank spaces without inte=lineation, altera-
tion or erasure and must not contain recapitulation of
the Work to be done. No oral, telegraphic, o= telephonic
proposals will be considered. Any addenda issued during
the bidding shall be noted on the p:oposa] form.
Submittal: Each Bidder shall submit his Bid completely
and properly on proposal fo=ms provided. Each Bid,
without the "Specifications and Contract Documents",
shall be enclosed in a separate sealed envelope, with the
Sec. 00~00
5
wa=ds "Bid fo=" followed by the p=o)ect title and the
Bidde=/s name and add=ess, and accompanied by the Bid
Secu=ity and othe= =equi=ed documents. If the Bid is
sent th=ough the mail o= othe= delive=y system, the
sealed envelope shall be enclosed in a sepa=ate envelope
with the notation "BID ENCLOSED" on the face the=eof.
Specifications and Cant=act
with the Bids.
Documents shall not be
Teleg=aphtc Hodtficatlons: Any Btdde= may modtfy his Bid
by teleg=aphic communication at any time p=ovided such
communication is =eceived by the Owne= p=io= to the
scheduled closing time. W=itten conft=motion must be
=eceived wtthtn two days f=om the closing time o= no
conside=atton will be given the teleg=aph modifications.
Wtthd=awal: If, within twenty-fou= hou=s afte= Bids
opened, any 8idde= ftles a duly signed w=ttten notice
with Owne= and p=omptly the=eafte= demonst=ates to the
seasonable satisfaction of Owne= that the=e was a
mate=ial and substantial mistake in the p=epa=atton of
his Bid, that Btdde= may withd=aw his Bid and the Bid
Secu=ity will be =etu=ned. The=eafte=, that Bidde= will
be disqualified f=om fu=the= bidding on the
1.7 OPENING OF BIDS
A. The City of Coppell, Texas (herein called the "Owner")
invites all Bids on the form attached hereto, all blanks
of which must be appropriately filled in. Bids will be
received by the Owner at 10:00 AM, Thursday, May 28.
1987, at City of Coppell City Hall, 255 Parkway
Boulevard, (P.O. Box 478). and then at said location
publicly opened and read aloud. The envelopes containing
the Bids must be sealed, addressed to the City of
Coppell, and designated as "Bid for DEFOREST ROAD
WATERLINE."
When Bids are opened publicly, they will be read aloud,
and an abstract of the amounts of the base Bids and major
alternates (if any) will be made available after the
opening of bids on a bid tabulation sheet sent to all
bidders.
1.6 BIDS TO REMAIN OPEN
All Bids shall =emaln open fo= ninety {g0} days afte= the
day of Bid Opening, but Owne= may, in his sole
disc=etlon, =elease any Bid and =etu=n the Bid Secu=ity
p=io= to that date.
Sec. 00100
~__~ONTRACT AWARD
Owner reserves the right to reject any and all Bids, to
waive any and all informalities and to negotiate contEact
terms with the Successful Bidder, and the right to
disregard all nonconforming, nonresponsive or conditional
Bids. Discrepancies between words and figures will be
resolved in favor of words. Discrepancies between the
indicated sum of any column of figures and the correct
sum thereof will be resolved in favor of the correct sum.
In evaluating Bids, Owner shall consider the
qualifications of the Bidders, whether or not the Bids
comply with the prescribed requirements, and alternates
and unit prices if requested in the Bid forms. It is the
Owner's intent to accept alternates {if any are accepted)
in the order in which they are listed in the Bid form,
but Owner may accept them in any order or combination.
Owner may consider the qualifications and experience of
subcontractors and other persons and organizations
{including those who are to furnish the principal items
of material or equipmentl proposed for those portions of
the Work as to which the identity of subcontractors and
other persons and organizations must be submitted as
provided in the Supplementary Conditions. Operating
costs, maintenance considerations, performance data and
guarantees of materials and equipment may also be
considered by Owner.
Owner may conduct such investigations as he deems
necessary to assist in the evaluation of any Bid and to
establish the responsibility/ qualifications and
financial ability of Bidde=s, proposed subcontractors and
othe= pe=sons and organizations to do the Wo=k in
accordance with the Contract Documents to Owner's
satisfaction within the presc=ibed time.
Ee
Owner reserves the right to re)ect the Bid of any Bidder
who does not pass any such evaluation to owner's
satisfaction.
If the contract is to be awarded it will be awarded to
the lowest Bidder whose evaluation by O~ne: indicated to
Owner that the award will be in the best interests of the
pro~ect.
If the contract is to be awarded, owner will give the
Successful Bidder a Notice of Award within ninety {PO!
days after the day of the Bid opening.
Sec. 00100
7
Afte= awa=d of cant=act to Successful Btdde=, the Cant=ac-
to= shall ag=ee to begin wo~k within ten (10l ca]enda=
days afte= the date of "Notice to P=oceed" of the Owne=
and to fully complete the p~oject within the stated
numbe= of consecutive calenda= days the=eafte= as stipu-
lated on the bid p=oposal and ag=eement between Owne= and
Cant=acta=.
1.10 LIQUIDATED DAHAGES FOR FA]LURE TO ENTER INTO CONTRAS]
In the event the Btdde='s p=oposal is accepted, and he
fails o= =efuses to ente= into the cant=act and fu=nish
the =equt=ed Pe=fo=mance and Payment Bonds wtthtn fifteen
(iS} days afte= he has =ecetved notice of the acceptance
of his Bid, unless given a w=itten extension of time by
the Owne=, then the Bidde= will be conside=ed as having
abandoned his p=oposal and his Bid Secu=tty will be
=etained by the Owne= as liquidated damages~ IT NON BEING
AGREED that the specified sum of the Bid Secu=ity is a
fai= estimate of the amount of damages that the Owne=
will sustain in case the Bidde= foils to ente= into the
cant=act and fu=ntsh the Pe=fo=mance and Payment Bonds
within the time stated Jn the p=oposal.
1.11 CONTRACT TIHE
The numbe= of days within which, o= the date by which,
the Wo=k is to be completed Ithe Cant=act Timel is set
fo=th in the Bid Foam and will be included in the
Ag=eement. The Cant=act Time fo= this p=o)ect is:
NINETY 190! CALENDAR DAYS
Extension of time of completion will be pe=missible in
acco=dance with Section ~.02 of Gene=al Conditions of
Ag=eement.
1.12 ~]_Q~J_!OATED_DANAG~
P=ovisions fo= liquidated damages a=e set fo=th in the
P=oposal. Liquidated damages fo= this p=o)ect
TWO HUNDRED FIFTY ($250.00} PER CALENDAR DAY
1.13 SUBCONTRACTOB~_~[~=
If appa=ent Successful Bidde=, and any othe= Bidde= so
=equested will within seven (7} days afte= the day of Bid
Opening submit to Owne= a list of all the sub-cont=acto=s
and othe= pe=sons and o=gantzations (Including those who
a=e to fu=nish p=incipal items of mate=ia] and equipment)
p=oposed fo= those po=tions of the Wo=k as to which such
Sec. 00100
8
identification is so =equi=ed. Such list shall be accom-
panied by an expe=ience statement with pe=t!nent info=ma-
tion as to simila= p=o)ects and othe= evidence of
qualification fo= each such Subcont=acto=, pe=son and
o=gonization if =.quested by O~ne=. ]f O~ne= o= Engine.=
aft.= due investigation has =easonable ob)ectton to any
p=oposed Subcont=acto=, othe= pe=son o= o=ganization,
eithe= may befo=e giving Notice of Awa=d =.quest the
appa=ent Successful Bidde= to submit an acceptable Sub-
stitute without an inca.as, to Bid p=ice. If appa=ent
Successful Bidde= declines to make any such substitution,
the Cant=act shall not be awa=ded to such Bidde=, but his
declining to make any such substitution will not consti-
tute g=ounds fo= sac=ifictng his Bid Secu=ity. Any Sub-
cant=acta=, othe= pe=son o= o=gantzatton so listed and to
whom C~ne= o= Engine.= does not make w=itten ob~ection
p=ior to giving of Notice of Award will be deemed accepta-
ble to C~ne= and Enginee=.
In cant=acts whe=e the Cant=act P=ice is on the basis of
Cost-of-the-Wo=k Plus a Fee, appa=ent Successful Bidde=,
p=io= to Notice of Awa=d, shall identify in waiting to
O~ne= those po=tions of Wo=k that such Bidder p=oposes to
subcont=act and aft.= Notice of Awa=d may only subcont=act
othe= po=ttons of the Wo=k with Chene='s w=itten consent.
No Cant=acta= shall be =equi=ed to
Subcont=acto=, othe= pe=son o= o=ganization
he has =easonable ob~ection.
employ any
against whom
1.1~ PERFORMANC~_~_ND_ OTHER B__O~_~
Secu=ity fo= Faithful Pe=formance: Simultaneously with
his delive=y of the executed cant=act, the Cant=acta=
shall fu=nish a su=ety bond o= bonds as secu=ity
faithful pe=fo=mance of this cant=act and fo= the payment
of all pe=sons pe=fo=ming labo= on the p=o}ect unde= the _
cant=act and fu=nish mate=ials in connection with this
contract. The su=ety on such bond o= bonds shall be by a
duly autho=ized su=ety company, satisfacto=y to the Owne=.
1.iS $]GN]NG OF .A_G.R.E._E_N_E_N.T
When Chener gives a Notice of Award to the Successful
Bidde=, it will be accompanied by at least six unsigned
count.apo=ts of the Ag=eement and all othe= Cant=act Docu-
ments. Within fifteen iISI days the=eafte=, Cant=acta=
shall sign and delive= at least six count.apo=ts of the
Ag=eement to O~ne= with all othe= Cant=act Documents
attached. Within ten II0) days the=eafte=, Chine= will
delive= all fully signed count.apo=ts to Cant=acta=.
Enginee= will identify those po=tions of the Cant=act
Documents not fully signed by Ckene= and Cant=acta= and
such identification shall be binding on all po=ties.
Sec. 00100
9
SECT]ON 00110 - GENERAL ]NSTRUCTIONS FOR BONDS
PAR1 1: GENERAL
~.1 GENERAL
The surety on each bond must be o responsible Surety
company which is qualified to do business in Texas and
satisfactory to the Owner.
The nome, including full Christian nome, and residence of
each individual party to the bond shall be inserted in
the body thereof, and each such party shall sign the bond
with his usual signature on the line opposite the
seal, and if signed in Noine, Massachusetts or New
Hampshire, an adhesive seal shall be affixed opposite the
signature.
]f the principals are partners, their individual names
wi]] appear in the body of the bond, with the recital
that they are partners composing a firm, naming it, and
all the members of the firm shall execute the bond os
individuals.
The signature of a witness shall appear in the
appropriate place, attesting the signature of each
individual party to the bond.
E=
]f the principal or surety is o corporation, the name of
the state in which incorporated shall be inserted in the
appropriate place in the body of the bond, and said
instrument shall be executed and attested under the
corporate seal, the fact shall be stated, in which case o
scroll or adhesive seal shall appear following the
co=po=ate name.
The officio] character and authority of the person or
persons executing the bond for the principal, if o
corporation, shall be certified by the sec=.tory or
assistant secretory according to the fo:m attached
he:et0. In lieu of such ce:tiflcotel :ec0:ds of the
corporation os will show the official cho:octe= and
authority of the officer signing, duly certified by the
secretory or assistant secretory, under the corporate
sea], to be true copies.
Ge
The dote of this bond must not be prior to the dote of
the contract in connection with which it is given.
'H.
Amounts of bonds shall be os set forth in Paragraph 3.10
of the General Condition.
Sec. 00110
1
PROPOSAL AND BID FORM
FOR:
DEFOREST ROAD WATERLINE
COPPELL, TEXAS
TO:
CITY OF COPPELL (hereinafter called "OWNER")
P.O. BOX 478
255 PARKWAY BOULEVARD
COPPELL, TEXAS 75019
Gent]emery:
The BIDDER, in compliance with your invitation for bids for the
above referenced pro)ect, having examined the p]ons and
specifications with related documents and the site of the proposed
work, or, d being familiar with o]1 of the conditions surrounding
the construction of the proposed pro)ect including the
availability of materials and labor, hereby proposes to furnish
all labor, materials, and supplies, and to construct the pro)ect
~n accordance with the Contract Documents, of which th~s proposal
is a po~t.
The undersigned, os BIDDER, dec]ores that the only person or
parties interested in this proposal as principals are those named
herein, that this proposal is made without col]usion with any
other person~ f~rm o~ corporation; that he has carefully examined
the form of contract, Notice to Bidders~ Specifications, and the
Plans herein referred to and has carefully examined the locations,
conditions and classes of materials called for in the Contract and
Specifications in the manner prescribed and according to the
requirements of the Owner as herein set forth.
It is understood that the fo]lowing quantities of work to be done
at unit prices ore approximate on]y, and ore ~ntended principally
to serve os o guide in evaluating bids. Payments fo= such items
will be made on the basis of the actuo] quantity ~ncorporoted in
the work.
It is further agreed that the quantities of work to be done at
unit prices and material to be fuznished may be increased or
diminished os may be considered necessary to complete the wo~k
fully os planned and contemplated, and that ol1 quantities of work
whether increased or decreased are to be performed at the unit
prices set forth be]ow, except os provided for in the
Specifications.
]t is further agreed that lump sum prices may be increased to
cover additional work ordered by the OWNER, but not shown on the
Plans or required by the Specifications, in accordance with the
provisions of the ~enero] Conditions. S~mi]arly, they may be
decreased to cover deletion of work so ordered.
Sec. 00300
B]DDER hereby agrees to commence wo~k unde~ this contract on o~
before o date to be specified in w~itten "Notice to P~oceed" by
the OWNER and to fully complete the p~o)ect within 90 consecutive
calendar days thereafte~ as stipulated in the Specifications.
BIDDER fu~the~ agrees to pay as liquidated damages, the sum of
$250.00 fo~ each consecutive calenda~ day the~eafte~ as
he~eir)afte~ p~ovided in Pa:ag~aph 1.~, E of the SPecial
Conditions.
Accompanying this pi:oposal is a Certified o~ Cashie3:'s Check
payable to the City of Coppe]] IBid Bond! in the amount of
· _ ............... Doll~z:s I $ I,
wh.ich is five pe~-~'~5-~>~-~.[q~-c~;;Tc;~t amount bid.
BIDDER acknowledges ~eceipt of the following
addendum: IIf non-issued, indicate N/A)
ADDENDA ~ ................... DATE
ADDENDA ~
ADDENDA ~___
ADDENDA ~
DATE ...............
DATE ....
............ DATE ................
SLJRCONTRACTORS:
BIDDER shall list below p~incipo] subcontractors p~oposed fo~ use
or) th~s p~o)ect:
NAME ADDRESS PHONE NO.
BIDDER agrees to perform oll the wo~k described in the
Specif~cotions os shown on the Plans fo~ the fo]lowing unit
p~jces:
IAmounts o~e to be shown in both words and figures.
dJsc:zeponcy, the amount shown in wo~ds wi]] govern.)
]n case of
Sec. 00300
BID PROPOSAL FORM PROJECT: DEFOREST ROAD WATER LINE
Total item
Item Approximate Unit and Description and Unit Bid Price Amount in
No. Quantities Written in Words and Figures Figures
1 150 LF Sawcut existing concrete pavement in
for alleys dollars
and cents ,~ per Unit
2 I 50 J SY Remove existing alley pavement
for dollars S
and ,cents ~ .-er Lmit
3 I 50 I SY Replace alley pavement - 6" thk.
3000psi, 6 sack mix
for dollars
and cents ~ per Unit
appurtenances
for del lars
and cents 9, per Unit
5 ! 250 J nF Install 1½" services, c.i.p, with all
appurtenances
for. dol ia rs S_
and cents ~ per Unit
6 I 10 I LF Install 2" services, c.i.p, with all
appurtenances
for dollars S
and cents ~ per Unit
I I 12" dia., DR14, PVC water main c.i.p.
7 50 LF
for. do I lars ,S
and cents ,~ per Unit
J I 10" dia., DR14, PVC water main, c.i.p.
8 1200 LF
for dol Iors
t
and cents ~, per Unit
I I 8" dia., DR14, PVC water main, c.i.p.
O 1200 LF
for dollars
and_ cents ,~ per Unit
SEC. 00300- 3
BID PROPOSAL FORM PROJECT= DE¥O~EST ~OAI)WATER LINE
Total item
Item Approximate Unit and Description and Unit Bid Price Amount in
No. Quantities Written in Words and Figures Figures
Fire hydrant assembly, c.i.p.
10 6 EA
for dollars
and cents ~ per Unit
I I 10" gate valve, c.i.p.
11 4 EA
for dollars
and_ cents ~ per Unit
12I 1 I EA 811 gate valve, c.i.P.
!
for dollars
and cents ~ ,per Unit
TOTAL BASE BID
for dollars
and cents
I I 2" thick, HMACP, overlay of entire
ALT. 1 750 TONS DeForest Road
for rial la rs S
I
and cents ~ per Unit
J I 2" PVC water main (outside ROW)
ALT. 2 2500 LF
for dollars S
and cents ~ ,,er Unit
I I 2" Type "K" copper water main (outside
for do I lars
a nd cents ~ per U n i t
for dol lots S
I
and cents ~ per Unit
for dollars
and_ cents ~ per Unit
SEC. 00500-
above ,amir prices shmll include ml.l labor, material, s, bail. lng,
sl'~or, in.~, removml, overhemd, pr'.o~:it, insurance, etc,, to cover' the
f'ir~ish,~d work o¢ the several kinds
B]iI)I)I'.ZF.,' understmnds tlnmt the OWNER reserves tine ri.qlnt to reject m;"~
or mi l b i ds mmd to wm i ye moL~ i n~ormal i t i es i n the b i dd i mg,. In the
event the DWNER elects to w ithdr~w one of more o¢ tl-,e deduct iv~
~lternmtes, considermtion wi [l be in the ~ollowing order:
None
l'h,.': BIDDEI;: m~r"e,.'.~s, th~:t this bid sh~l.l b,r.~. ~ood mhd rna~] mot
~ithdra~n ~or a period o/: r, imet_~ (90) c~lc.:ndmr da.u_.s aCt,..".-r the
scheduled closim.q time T'or receivin.c.] bids.
Upon receipt of' writtem notice o~ the acceptmmce o~ this bid,
~!,].l)l}El~ will. execu'be the ~ormml coni. rmc% mttmched withi~ ten (10)
d m ~ S m ~'r~ ~ del iv,~r a Surety2 l~,ond or Bonds ms required b~ the
Cor'~d i l.. i ohs .. Th,~ B i d Sec ur' i t&~ mttmched i n the sum o.["
ie to become the pr. opc~rt~ of the OWNER in the event the
amd bond are not execut,ad within the time above set f'orth,
liquidmted dmmm~es +'of the de'lm&~ mhd ~dditionml expense, to
OWNIZR ~ aus,~d
Respect. f'ul'l.u, submitt, ed,
( F' i r'm )
(SEAL-if' bid is bum
cor'pore, t ion)
(B~siness Address)
END OF PROF'OSAL
(Telephone Number)
00300
~T]ON 00~00 - B]D BOND
KNOW ALL NEN BY THESE PRESENTS, that we, the undersigned,__
as Principal, and
as Sutety, a:e hereby held and ftrmly bound unto
as O~ne= tn the
penal sum of __
for payment of which, well and truly to be made, we hereby )ointly
and severally btnd ourselves, au= heirs, executors,
administrators, successors and assigns.
SIGNED, this day of
The Condition of the above obligation
the Principal has submitted to
ce:rain Bid, attached he:eta and hereby
enter into a contract in
, 19__
is such that whereas
made a part hereof to
waiting, fo= the
NOW, THEREFORE,
If said Bid shall be =e)ected, or in the
alternate,
If said Bid shall be accepted and the Principal
shall execute and deliver a contract in the Form
of Cant=act attached hereto (Properly completed in
acco=dance with said Bid) and shall furnish a bond
for the payment of all persons performing labor or
furnishing materials in connection therewith, and
shall in all other respects perform the agreement
created by the acceptance of said Bid,
then this obligation shall be void, otherwise and same shall
remain in fo=ce and effect~ it being expressly understood and
agreed that the liability of the Surety fo= any and all claims
hereunder shall, in no event, exceed the penal amount of this
obligation as herein stated.
Sec. OO&O0
The Surety, for value received~ hereby stipulates and agrees
that the obligations of said Surer7 and its bond shall be in no
way impaired or affected by any extension of the time within which
the O~ner may accept such Bid~ and said Surety does hereby waive
notice of any such extension.
IN WITNESS WHEREOF, the Principal and the Surety have
hereunto set their hands and seals, and such of them as are
co=po=arians have caused their co=po=ate seals to be hereto
affixed and these presents to be signed by their proper officers,
the day and yeas fi=st set fo=th above.
IL.S. !
Principal
Surety
Date: ...................
By:
IMPORTANT - Surety companies executing bonds must appear
on the ]'=easury Department/s most current list
ICi=cu]ar 570, as amended} and be authorized to
transact business in the state where the p=o~ect
is located.
Sec. 00~00
1.01
1.02
1.03
1.04
1.05
1.06
1.07
1.08
1.09
2.01
2.02
2.03
2.04
2.0,5
2.06
2.07
2.08
2.09
2.10
2.11
2.12
2.13
2.14
.2.15
3.01
~.0~-
8.03
8.04
8.05
8.06
8.O?
8.08
TABLE OF CONTENTS
FOR
GENERAL CONDITIONS OF AGR~
1. Definition of Terms Page
Owner, Contractor and Engineer .................... G-1
Contract Documents .......................... G-1
Sub-Contractor . .. .......................... G-1
G-1
Written Notice ............................
Work ................................ G-1
Extra Work .............................. G-1
Working Day ............................. G-1
Calendar Day ............................. G-1
Substantially Completed ......................... G-1
2. Responsibilities of the Engineer and the Contractor
Owner-Engineer Relationship ..................... G-2
Professional Inspection by Engineer ................... G-2
Payments for Work ........................... G-2
Initial Determinations .......................... G-2
Objections .............................. G-2
G-2
Lines and Grades ...........................
~contractor's Duty and Superintendence ................... G-2
Contractor's Understanding ....................... G-3
Character of Workmen ......................... G-3
G-3
Contractor's Buildings .........................
Sanitation .............................. G-4
Shop Drawings ............................ G-4
Preliminary Approval .......................... G-4
G-4
Defects and Their Remedies .......................
Changes and Alterations ......................... G-5
3. General Obligations and Responsibilities
Keeping of Plans and Specifications Acce~-sible ................ G-5
Ownership of Drawings ......................... (]-5
G-5
Adequacy of Design ..........................
Right of Entry ............................. G-5
G-5
Collateral Contracts ..........................
Discrepancies and Omissions ....................... G-5
Equipment, Materials and Construction Plant ................. G-5
Damages .............................. G-6
3.09
3.10
3.11
3.12
3.13
3.14
3.15
3.16
3.1"/
3.18
3.18.1
4.01
4.02
4.03
,5.01
5.02
5.03
5.04
5.05
5.06
5.07
5.08
5.09
6.01
6.02
6.03
6.04
6.05
.01
.02
Protection Against Accident to Employees and the Public ............
Performance and Payment Bonds .........................
Losses from Natural Causes ............................
Protection of Adjoining Property.... .......................
Protection Against Claims of Sub-Contractors, Etc .................
Protection Against Royalties or Patented Invention ................
Laws and Ordinances ...............................
Assignment and Subletting ............................
Indemnification .................................
Contractor's Liability Insurance .........................
Certificate of Insurance .............................
4. Prosecution and Progress
Time and Order of COmpletion ..........................
Extension of Time ................................
Hindrances and Delays ..............................
5. Measurement and Payment
Quantities and Measurements ...........................
Estimated Quantities ...............................
Price of Work ...................................
Partial Payment ..................................
Use of Completed Portions ............................
Final Completion and Acceptance ........................
Final Payment ..................................
Payments Withheld ................................
Delayed Payments ................................
6. Extra Work and Claims
Change Orders ...................................
Minor Changes ..................................
Extra Work ....................................
Time of Filing Claims ..............................
Arbitration .....................................
7. Abandonment of Contract
Abandonment by Contractor ...........................
Abandonment by Owner .............................
G-6
0-6
0-6
G-6
G-6
G-7
G-7
G-7
G-8
0-8
G-8
G-9
0-9
G-9
G-9
G-9
G-10
G-10
G-10
G-10
G-10
G-11
G~ll
G-11
G-11
G-12
G-12
G-13
G-14
GENERAL CONDITIONS OF AGREEMENT
1. DEFINITIONS OF TERMS
1.01 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and
the ENGINEER are those persons or organizations identified as such in the Agreement and are
referred to throughout the-ContractDocuments as if singular in number and masculine in gender.
The term ENGINEER means the ENGINEER or his duly authorized representative. The ENGI.
NEER 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 CONTRACT DOCUMENTS. The Contract Documents shall consist of the Notice to
Contractors (Advertisement), Special Conditions (Instructions to Bidders), Proposal, signed
Agreement, Performance and Payment Bonds (when required), Special Bonds (when required),
General Conditions of the Agreement, Technical Specifications, Plans, and all modifications thereof
incorporated in any of the documents before the execution of the agreement.
The Contract Documents are complementary, and what is called for by any one shall be as
binding as if called for by all. In case of conflict between any of the Contract Documents, priority
of interpretation shall be in the following order: Signed Agreement, Performance and Payment
Bonds, Special Bonds (if any), Proposal, Special Conditions of Agreement, Notice to Contractors,
Technical Specifications, Plans, and General Conditions of Agreement.
1.03 SUB-CONTRACTOR. The term Sub-Contractor, as employed herein, includes only
those having a direct contract with the CONTRACTOR and it includes one who furnishes material
worked to a special design according to the plans or specifications of this work, but does not
include one who merely furnishes material not so worked.
1.04 WRITTEN NOTICE. Written notice shall be deemed to have been duly served if
delivered in oerson to the individual or to a member of the firm or to an officer of the corporation
for whom it is intended, or if delivered at or sent by registered, mail to the last business address
known to him who gives the notice.
1.05 WORK. The CONTRACTOR shall provide and pay for all materials, supplies, machin-
ery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel,
transportation and other facilities necessary for the execution and completion of the work covered
by the contract documents. Unless otherwise specified, all materials shall be new and both
workmanship and materials shall be of a good quality. The CONTRACTOR shall, if required,
furnish satisfactory evidence as to the kind and quality of materials. Materials or work described
in words which so applied have a well known technical or trade meaning shall be held to refer to
such recognized standards.
1.06 EXTRA WORK. The term "Extra Work" as used in this contract shall be understood
to mean and include all work that may be required by the ENGINEER 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
Proposal, 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 conditions, not under the control of
the CONTRACTOR, will permit construction of the principal units of the work for a period of
not less than seven (7) hours between 7:00 a.m. and 6:00 p.m.
1.08 CALENDAR DAY. "Calendar Day" is any day of the week or month, no days being
excepted.
1.09 SUBSTANTIALLY COMPLETED. By the term "substantially completed" is meant
that the structure has been made suitable for use or occupancy or the facility is in condition to
s~r~e its intsnded purpose, ~ut still may require minor miscellaneous work and adjustment.
2. RESPONSIBILITIES OF THE ENGINEER AND THE CONTRACTOR
2.01 OWNER-ENGINEER RELATIONSHIP. The ENGINEER will be the OWNER'S
representative during construction. The duties, responsibilities and limitations of authority of the
ENGINEER as the OWNER'S representative during construction are as set forth in the Contract
Documents and shall not be extended or limited without written consent of the OWNER and
ENGINEER. The ENGINEER w'ill advise and consult with the OWNER, and all of OWNER'S
instructions to the CONTRACTOR shall be iSSued through the ENGINEER.
2.02 PROFESSIONAL INSPECTION BY ENGINEER. The ENGINEER shall make
periodic visits to the site to familiarize himself generally with the progreSS of the executed work
and to determine if such work generally meets the essential performance and design features and
the technical and functional engineering requirements of the Contract Documents; provided and
except, however, that the ENGINEER shall not be responsible for making any. detailed, exhaus-
tive, comprehensive or continuous on-site inspection of the quality or quantity of the work or be in
any way responsible, directly or indirectly, for the construction means, methods, techniques, se-
quences, quality, procedures, programs, safety precautions or lack of same incident thereto or in
connection therewitl~. Notwithstanding any other provision of this agreement or any other Contract
Document, the ENGINEER shall not be in any way responsible or liable for any acts, errors,
omissions or negligence of the CONTRACTOR, any subcontractor or any of the CONTRACTOR'S
or subcontractor's agents, servants or employees or any other person, firm or corporation perform-
ing or attempting to perform any of the work.
2.03 PAYMENTS FOR WORK. The ENGINEER shall review CONTRACTOR'S applications
for payment and supporting data, determine the amount owed to the CONTRACTOR and approve,
in writing, payment to CONTRACTOR in such amounts; such approval of payment to CONTRAC-
TOR 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 approva. I of an application for payment to CONTRACTOR shall not be deemed as a
representatiov by ENGINEER that ENGINEER has made any examination to determine how or
for what purpose CONTRACTOR has used the moneys paid on account of the Contract price.
2.04 INITIAL DETERMINATIONS. The ENGINEER initially shall determine all claims,
disputes and other matters in question between the CONTRACTOR and the OWNER relating to
the execution or progress of the work or the interpretation of the Contract Documents and the
ENGINEER'S decision shall be rendered in writing within a reasonable time. Should the ENGI-
NEER fail to make such decision within a reasonable time, appeal to arbitration may be taken
as if his decision had been rendered against the party appealing.
2.05 OBJECTIONS. In the event the ENGINEER renders any decision which, in the
opinion of either party hereto, is not in accordance with the meaning and intent of this contract,
either party may file with the ENGINEER within thirty days his written objection to the decision,
and by such action may reserve the right to submit the question so raised to arbitration as
hereinafter provided.
2.06 LINES AND GRADES. Unless otherwise specified, all lines and grades shall be
furnished by the ENGINEER or his representative. Whenever necessary, construction work shall
be suspended to permit performance of this work, but such suspension will be as brief as practicable
and the CONTRACTOR shall be allowed no extra compensation therefor. The CONTRACTOR
shall give the ENGINEER ample notice of the time and place where lines and grades will be needed.
All stakes, marks, etc., shall be carefully preserved by the CONTRACTOR, and in case of careless
destruction or removal by him or his employees, such stakes, marks, etc., shall be replaced at the
CONTRACTOR'S expense.
2.07 CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give
adequate attention to the faithful prosecution and completion of this contract and shall keep on
the work, during its progress, a competent superintendent and any necessary assistants. The
superintendent shall represent the CONTRACTOR in his absence and all directions given to him
shall be as binding as if given to the CONTRACTOR.
The CONTRACTOR is and at all ti~s: shat!, remain an independent contractor, solely
responsible for the manner and method of' '~C~lefini~?h~is work under this contract, with full
power and authority to select the means, method and manner of performing such work, so long as
such methods do not adversely affect the completed improvements, the OWNER and ENGINEER
being interested only in the result obtained and conformity of such completed improvements to
the plans, specifications and contract.
Likewise, the CONTRACTOR shall b~ solely responsible for the safety of himself, his employ-
ecs and other persons, as well as for the protection of the safety of the improvements being erected
and the property of himself or any other person, as a result of his operations hereunder, Engineer-
ing construction drawings and specifications as well as any additional information concerning the
work to be performed passing from or through the ENGINEER shall not be interpreted as
requiring or allowing CONTRACTOR to deviate from the plans and specifications, the intent of
such drawings, specifications and any other such instructions being to define with particularity the
agreement of the parties as to the work the CONTRACTOR is to perform. CONTRACTOR shall be
fully and completely liable, at his own expense, for design, construction, installation and use, or
non-use, of all items and methods incident to performance of the contract, and for all loss, damage
or injury incident thereto, either to person or property, including, without limitation, the adequacy
of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precau-
tions or devices, and similar items or devices used by him during construction.
Any review of work in process, or any visit or observation during ~onstruction, or any
clarification of plans and specifications, by the ENGINEER, or any agent, employee, or represen-
tative of either of them, whether through personal observation on the project site or by means of
approval of shop drawings for temporary construction or construction processes, or by other means
or method, is agreed by the CONTRACTOR to be for the purpose of observing the extent and
nature of work completed or being performed, as measured against the drawings and specifications
constituting the contract, or for the purpose of enabling CONTRACTOR to more fully understand
the plans and specifications so that the completed construction work will conform thereto, and
shall in no way relieve the CONTRACTOR from full and complete responsibility for the proper
performance of his work on the project, including but without limitation the propriety 'of means
and methods of the CONTRACTOR in performing said contract, and the adequacy of any designs,
plans or other facilities for accomplishing such performance. Deviation by the CONTRACTOR
from plans and specifications that may have been in evidence during any such visitation or
observation by the ENGINEER, or any of his representatives, whether called to the CONTRAC-
TOR'S attention or not shall in no way relieve CONTRACTOR from his responsibility to complete
all work in accordance with said plans and specifications.
2.08 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the CON-
TRACTOR has, by careful examination, satisfied himself as to the nature and location of the work,
the conformation of the ground, the character, quality and quantity of the materials to be encoun-
tered, the character of equipment and facilities needed preliminary to and during the prosecution of
the work, the general and local conditions, and all other matters which can in any way affect the
work under this contract. No verbal agreement or conversation with any officer, agent or employee
of the OWNER or ENGINEER either before or after the execution of this contract, shall affect or
modify any of the terms or obligations herein contained.
2.09 CHARACTER OF WORKMEN. The CONTRACTOR agrees to employ only orderly
and competent men, skillful in the performance of the type of work required under this contract,
to do the work; and agrees that whenever the ENGINEER shall inform him in writing that any man
or men on the work are, in his opinion, incompetent, unfaithful or disorderly, such man or men
shall be discharged from the work and shall not again be employed on the work without the
ENGINEER'S written consent.
2.10 CONTRACTOR'S BUILDINGS. The building of structures for housing men, or the
erection of tents or other forms of protection, will be permitted only at such places as the
ENGINEER shall direct, and the sanitary conditions of the 'grounds in or about such structures
shall at all times be maintained in a manner satisfactory to the ENGINEER.
2.11 SANITATION. Necessary sanitary conveniences for the use of laborers on the work,
properly secluded from public observation, shall be constructed and maintained by the CONTRAC-
'FOR in such manner and at such points as shall be approved by the ENGINEER., and their use
shall be strictly enforced.
2.12 SHOP DRAWINGS. The CONTRACTOR shall submit to the ENGINEER, with such
promptnes~ as to cause no delay in his own work or in that of any other Contractor, four checked
copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for
the work of the various trades, and the ENGINEER shall pass upon them with reasonable prompt-
nes~, making desired corrections. The CONTRACTOR shall make any corrections required by the
ENGINEER, file with him two corrected copies and furnish such other copies as may be needed.
The ENGINEER'S approval of such drawings or schedules shall not relieve the CONTRACTOR
from responsibility for deviations from drawings or specifications, unless he has in writing called
the ENGINEER'S attention to such deviations at the time of submission, nor shall it relieve him
from responsibility for 'errors of any sort in shop drawings or schedules. It shall be the CONTRAC-
TOR'S responsibility to fully and completely review all shop drawings to ascertain their effect on
his ability to perform the required contract work in accordance with the plans and specifications
and within the contract time.
Such review by the ENGINEER shall be for the sole purpose of determining the sufficiency
of said drawings or schedules to result in finished improvements in conformity with the plans and
specifications, and shall not relieve the CONTRACTOR of his duty as an independent contractor
as previously set forth, it being expressly understood and agreed that the ENGINEER does not
~sume any duty to pass upon the propriety or adequacy of such drawings or schedules, or
any means or methods reflected thereby, in relation to the safety of either person or property
during CONTRACTOR'S performance hereunder.
2.13 PRELIMINARY APPROVAL. The ENGINEER shall not have the power to waive the
obligations of this contract for the furnishing by the CONTRACTOR of good material, and of
his performing good work as herein described, and in full accordance with the plans and specifica-
tions. No failure or omi.~ion of the ENGINEER to discover, object to or condemn any defective
work or material shall release the CONTRACTOR from the obligations to fully and .properly
perform the contract, including without limitations, the obligation to at once tear out, remove and
properly replace the same at any time prior to final acceptance upon the discovery of said defective
work or material; provided, however, that the ENGINEER shall, upon request of the CONTRAC-
TOR, inspect and accept or reject any material furnished, and in event the material has been once
accepted by the ENGINEER, such acceptance shall be binding on the OWNER, unless it can be
clearly shown that such material furnished does not meet the specifications for this work.
Any questioned work may be ordered taken up or removed for re-examination, by the
ENGINEER, prior to final acceptance, and if found not in accordance with the specifications for
said work, all expense of removing, re.examination and replacement shall be borne by the
CONTRACTOR, otherwise the expense thus incurred shall be allowed as EXTRA WORK, and
shall be paid for by the OWNER; provided that, where inspection or approval is specifically
required by the specifications prior to performance of certain v'-~rk, should the CONTRACTOR
proceed with such work without requesting prior inspection or a~.proval he shall bear all expense of
taking up, removing, and replacing this work if so directed by the ENGINEER.
2.14 DEFECTS AND THEIR REMEDIES. It is further agreed that if the work or any part
thereof, or any material brought on the site of the work for use in the work or selected for the
same, shall be deemed by the ENGINEER as unsuitable or not in conformity with the speci-
fications, the CONTRACTOR shall, after receipt of written notice thereof from the ENGINEER,
forthwith remove such material and rebuild or otherwise remedy such work ~o that it shall be in
full accordance with this contract.
2.15 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that the OWNER
may make such changes and alterations as the OWNER may see fit, in the line, grade, form,
dimensions, plans or materials for the work herein contemplated, or any part thereof, either before
or after the beginning of the construction, without affecting the validity of this contract and the
accompanying Performance and Payment Bonds.
If such changes or alterations diminish the quantit~ off. the work to be done, they shall not
constitute the basis for a claim for damages, or anticipated profits on the work that may be
dispensed with, except as provided for unit price items under Section 5 "Measurement and Pay-
ment." If the amount of work is increased, and the work can fairly be classified under the speci-
fications, such increase shall be paid for according to the quantity actually done and at the unit
price, ff any, established for such work under this contract, except as provided for unit price
items under Section 5 "Measurement and Payment;" otherwise, such additional work shall be paid
for as provided under Extra Work. In case the OWNER shall make such changes or alterations as
shall make useless any work already done or material already furnished or used in said work,
then the OWNER shall recompense the CONTRACTOR for any material or labor so used,
and for any actual loss occasioned by such change, due to actual expenses incurred in preparation
for the work as originally planned.
3. GENERAL OBLIGATIONS AND RESPONSIBILITIES
3.01 KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE. The ENGINEER shall
furnish the CONTRACTOR with an adequate and reasonable number of copies of all plans and
specifications without expense to him, and the CONTRACTOR shall keep one copy of the sa. ~e
constantly accessible on the work, with the latest revisions noted thereon.
3.02 OWNERSHIP OF DRAWINGS. All drawings, specifications and copies thereof furnished
by the ENGINEER shall not be reused on other work, and, with the exception of the signed
contract sets, are to be returned to him on request, at the completion of the work. All models are
the property of the OWNER.
3.03 ADEQUACY OF DESIGN. It is understood that the OWNER believes it has employed
competent engineers and designers. It is, therefore, agreed that the OWNER shall be responsible for
the adequacy of the design, sufficiency of the Contract Documents, the safety of the structure and
the practicability of the operations of the completed project; provided the CONTRACTOR has
complied with the requirements of the said Contract Documents, all approved modifications
thereof, and additions and alterations thereto approved in writing by the OWNER. The burden of
proof of such compliance shall be upon the CONTRACTOR to show that he has complied with the
said requirements of the Contract Documents, approved modifications thereof and all approved
additions and alterations thereto.
3.04 RIGHT OF ENTRY. The OWNER reserves the right to en*.er the property or location
on which the works herein contracted for are to be constructed or installed, by such agent or agents
as he may elect, for the purpose of inspecting the work, or for the purpose of constructing or
installing such collateral work as said OWNER may desire.
3.05 COLLATERAL CONTRACTS. The OWNER agrees to provide by separate contract or
otherwise, all labor and material essential to the completion of the work specifically excluded from
this contract, in such manner as not to delay the progress of the work, or damage said CONTRAC-
TOR, except where such delays are specifically mentioned elsewhere in the Contract Documents.
3.06 DISCREPANCIES AND OMISSIONS. It is further agreed that it is the intent of this
contract that all work must be done and all material must be furnished in accordance with the
generally accepted practice, and in the event of any discrepancies between the separate contract
documents, the priority of interpretation defined under "Contract Documents" shall govern. In
the event that there is still any doubt as to the meaning and intent of any portion of the contract,
specifications or drawings, the ENGINEER shall define which is intended to apply to the work.
3.07 EQUIPMENT, MATERIALS AND CONSTRUCTION PLANT. The CONTRACTOR
shall be responsible for the care, preservation, conservation, and protection of all 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 comple-
tion of the work by the act, neglect, omission, mistake or default of the OWNER, or of the
ENGINEER, or of any other CONTRACTOR employed by the OWNER upon the work. thereby
causing loss to the CONTRACTOR, the OWNER agrees that he will reimburse the CONTRACTOR
for such loss. In the event the OWNER is damaged in the course of the work by the act, negligence,
omission, mistake or default of the CONTRACTOR, or should the CONTRACTOR unreasonably
delay the progress of the work being done by others on the job so as to cause loss for which the
OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss.
3.09 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC. The
CONTRACTOR shall at all times exercise reasonable precautions for the safety of employees and
others on or near the work and shall comply with all applicable provisions of Federal, State, and
Municipal safety laws and building and construction codes. All machinery and equipment and
other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in
Construction" of the Associated General Contractors of America except where incompatible with
Federal, State, or Municipal laws or regulations. The CONTRACTOR shall provide such machinery
guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions
actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR, acting at
his discretion as an independent contractor.
3.10 PERFORMANCE AND PAYMENT BONDS. Unless otherwise specified, it is further
agreed by the parties to this Contract that the CONTRACTOR will execute separate performance
and payment bonds, each in the sum of one hundred (100) percent of the total contract price, in
standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment
of any guarantees required, and further guaranteeing payment to all persons supplying labor and
materials or furnishing him any equipment in the execution of the Contract, and it is agreed that
this Contract shall not be in effect until such performance and payment bonds are furnished and
approved by the OWNER.
Unless otherwise approved in writing by the OWNER, the surety company underwriting the
bonds shall be acceptable according to the latest list of companies holding certificates of authority
from the Secretary of the Treasury of the United States.
Unless otherwise specified, the cost of the premium for the performance and payment bonds
shall be included in the CONTRACTOR'S proposal.
3.11 LOSSES FROM NATURAL CAUSES. Unless otherwise specified, all loss or damage to
the CONTRACTOR arising out of the nature of the work to be done, or from the action of the
elements, or from any unforeseen circumstance in the prosecution of the same, or from unusual
obstructions or difficulties which may be encountered in the prosecution of the work, shall be
sustained and borne by the CONTRACTOR at his own cost and expense.
3.12 PROTECTION OF ADJOINING PROPERTY. The said CONTRACTOR shall take
proper means to protect the adjacent or adjoining property or properties in any way encountered,
which might be injured or seriously affected by any process of construction to be undertaken under
this Agreement, from any damage or injury by reason of said process of construction; and he shall
be liable for any and all claims for such damage on account of his failure to fully protect all
adjoining property. The CONTRACTOR agrees to indemnify, save and hold harmless the OWNER
and ENGINEER against any claim or claims for damages due to any injury to any adjacent or
adjoining property, arising or growing out of the performance of the contract; but any such
indemnity shall not apply to any claim of any kind arising out of the existence or character
of the work.
3.13 PROTECTION AGAINST CLAIMS OF SUB-CONTRACTORS, LABORERS, MATER-
IALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES. The CONTRAC-
TOR agrees that he will indemnify and save the OWNER and ENGINEER harmless from all claims
growing out of the lawful demands of sub-contractors, laborers, workmen, mechanics, materialmen
and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including
commissary, incurred in the furtherance of the performance of this contract. When so desired by
the OWNER, the CONTRACTOR shall furnish satisfactory evidence that all obligations of the
nature hereinabove designated have been paid, discharged or waived. If the CONTRACTOR failz
so to do, then the OWNER may at the option of the ~CONTRACTOR either pay directly any
unpaid bills, of which the OWNER has written notice, or withhold from the CONTRACTOR'S
unpaid compensation a sum of money deemed tear, onably sufficient to liquidate any and all such
lawful claims until satisfactory evidence is fur. nished that~ ~! liabilities have been fully dischanged,
whereupon payments to the CONTRACTOR shall be resumed in full, in accordance with the terms
of this contract, but in no event shall the provisions of this sentence be construed, to imix~e any
obligation upon the OWNER by either' the CONTRACTOR or his Surety.
3.14 PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION. The CON-
TRACTOR shall pay all royalties and lieense fees, and shall provide for the uae of any dseign,
device, material or process covered by letters patent or copyright by suitable legal agreement
with the patentee er owner. The CONTRACTOR shall defend all suits or claims for infringement of
any patent or copyright rights and shall indemnify and save the OWNER and ENGINEER harmless
from any loss on account thereof, except that the OWNER shall defend all such suits and elaims
and shall be responsible for all such loss when a pantieular design, device, material or proc~s or
the product of a particular manufacturer or manufacturers is specified or required by the ~)WNER;
provided, however, if choice of alternate design, device, material or proee~ is allowS! to the
CONTRACTOR, then CONTRACTOR shall indemnify and save OWNER harmless from any loss
on account thereof. If b:e material or process specified or required by the OWNER is an infringe.
meat, 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
with all Federal, State and local laws, ordinances and regulations, which in any manner affect the
contract or the work, and shall indemnify and save hanmle~ the OWNER and ENGINEER against
any claim arising from the violation of any such laws, ordinances, and regulations whether by the
CONTRACTOR or his employees, except wl~ere such violations are called for by the provisions
of the Contract Documents. If the CONTRACTOR observes that the plans and specifications are
at variance therewith, he shall promptly notify the ENGINEER in writing, and any necessary
changes shall be adjusted as provided in the contract for changes in the work. If the CONTRAC-
TOR performs any work knowing it to be contrary to such laws, ordinances, rules and regulations,
and without such notice to the ENGINEER, he shall bean all costs arising therefrom. In ease the
OWNER is a body politic and corporate, the law from which it derives its powers, imofar as the
same regulates the objects for which, or the manner in which, or the conditions under which the
OWNER may enter into contract, shall be controlling, and shall be considered as part of this
contract, to the same effect as though embodied herein.
3.16 ASSIGNMENT AND SUBLETTING. The CONTRACTOR further agrees that he will
retain personal control and will give his personal attention to the fulfillment of this contract and
that he will not a~ign by Power of Attorney, or otherwise, or sublet said contract without the
written consent of the ENGINEER, and that no part or feature of the work will be sublet to
anyone objectionable to the ENGINEER or the OWNER. The CONTRACTOR further agrees
that the subletting of any portion or feature of the work, or materials requited in the performance
of this contract, shall not relieve the CONTRACTOR from his full obligations to the OWNER, as
provided by th~ Agreement.
3.17 INDEMNIFICATION. The CONTRACTOR shall defend, indemnify and hold hanmless
the OWNER and the ENGINEER and their resoective officers, agents and employees, from and
against all damages, claims, losses, demands, suits, judgments and costs, including reasonable
attorneys' fees and e.xpenses, arising out of or resulting from the performance of the work,
provided that any such damages, claim, loss, demand, suit, judgment, cost or expense:
Is attributable to bodily injury, sickness, disease or death or to injury
to or destruction of tangible property (other than the work itself)
including the loss of use resulting therefrom; and,
(2) Is caused in whole or in part by any negligent act or omission of the
Contractor, any Subcontractor, anyone directly or indirectly employed
by any one of them or anyone for whose acts any of them may be
liable, r~gardless of whether or not it is caused in part by a party
indemnified hereunder.
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 preparation or approval of mal~,
drawings, reports, surveys, Change Orders, designs or specifications, or the giving of or the
failure to give directions or instructions 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 INSU~,~ICE. The CONTRACTOR at his own expense shall purchase, maintain and
keep in force 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 b~ any Subcontractor 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'b compensation claims, disability benefits and other similar
employee benefit acts;
(2)
Claims for damages because of bodily injury, occupational sickness or
disease, or death of his employees, and claims insured by usual bodily
injury liability coverages;
(3)
Claims for damages because of bodily injury, sickness or disease, or death
of any person other than his employees, and elaimi insured by usual
bodily injury liability coverages; and '
(4) Claims for damages because of injury to or destruction of tangible
property, including loss of use resulting therefrom.
3.18.1 CERTIFICATE OF INSURANCE. Before commencing any of the work, CONTRAC-
TOR shall file with the OWNER valid Certificates of Insurance acceptable to the OWNER and the
ENGINEER. Such Certificates shall contain a provision that coverages afforded under the policies
will not be cancelled until at least fifteen days' prior written notice has been given to the OWNER.
The CONTRACTOR shall also file with the OWNER valid Certificates of Insurance covering
all sub-contractors.
4. PROSECUTION AND PROGRESS
4.01 TIME AND ORDER OF COMPLETION. It is the meaning and intent of this contract,
unless otherwise herein specifically provided, that the CONTRACTOR shall be allowed to prosecute
his work at such times and seasons, in such order of precedence, and in such manner as shall be
most conducive to economy of construction: provided, however, that the order and the time of
prosecution shall be such that the work shall be substantially completed as a whole and in part, in
accordance with this contract, the plans and specifications, and within the time of completion
designated in the Proposal; provided, also, that when the OWNER is having other work done, either
by contract or by his own force, the ENGINEER may direct the time and manner of constructing
the work done under this contract, so that conflict will be avoided and the construction of the
various works being done for the OWNER shall be harmonized.
The CONTRACTOR shall submit, at such times as may reasonably be requested by the
ENGINEER, schedules which shall show the order in which the CONTRACTOR proposes to
carry on the work, with dates at which the CONTRACTOR will start the several parts of the work,
and estimated dates of completion of the several parts.
.:~'. 4~02 ;EXTENSION OF TIME. Should the CONTRACTOR be delayed 'in the completion
og the work ~oy .any act or neglect of the OWNER or ENGINEER, or of any employee of either,
crt by other, contractors employed by the OWNER, or by changes.ordered in the work, or by
Strikes, lockouts, fires, and unusual delays by common carriers, or unavoidable cause or causes
beyond the CONTRACTOR'S control, or by any cause Which the ENGINEER shall decide justifies
the-delay,' 'then. an extension .of time shall be allowed for completing the .work, sufficient to
compensate, for the delay,- the amount of the extension to be determined.by the ENGINEER,
provided, however, that the CONTRACTOR shall give the ENGINEER prompt .notice in writing
of the cause of such delay. .. ·
..' 4,03' 'HINDRANCES AND DELAYS. No claims shall be made by the CONTRACTOR for
damages .resulting from hindrances or delays from any cause (except where the work is stopped by
0rder.0f the OWNER) during the p~ogress of any portion of the work embraced in this contract.
In caie said work shall be stopped by the act of the OWNER, then such expense as in the judgment
of the ENGINEER is caused by such stoppage of said work shall be paid by the OWNER to the
CONTRACTOR.
5. MEASUREMENT AND PAYMENT
: 5.0i QUANTITIES AND MEASUREMENTS. No extra or customary measurements of
anY kind will be allowed, but the actual measured and/or computed length, area, solid contents,
number and weight only shall be considered, unless otherwise specifically provided.
· ' '5.02 ESTIMATED QUANTITIES. This agreement, including the specifications, plans and
estimate, is intended to show clearly all work to be done and material to be furnished hereunder.
- Where the estimated quantities are shown for the various classes of work to be done and material
to 'l~'e 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.
lit iS understood, hnd agreed that the actual amount of work to be done and material to be furnished
Under this' contract may differ somewhat from these estimates, and that where the basis for
payment under this contract is the unit price method, payment shall be for the actual amount of
such work done and the material furnished.
' Where payment is based on the unit price method, the CONTRACTOR agrees that he will
~ake no Claim for damages, anticipated profits or otherwise on account of any differences which
Bay be found between the quantities of work actually done, the material actually furnished
under this contract 'and the estimated quantities contemplated and contained in the proposal;
~rovided, however, that in case the actual quantity of any major item should become as much
'as 20% morb than, or 20% less than the estimated or contemplated quantity for such items, then
'eithbr party to this Agreement, upon demand, shall be entitled to a revised consideration upon the
portion of the work above or below 20% of the estimated quantity.
' ' A "Major Item" shall be Construed to be any individual bid item incurred in the proposal that
!has a iotal cost equal to or greater than five (5) per cent of the total contract cost, computed on the
i.basis of the proposal quantities and the contract unit prices.
'~'"~ ': ~ny revised consideration is to be determined by agreement between the parties, otherwise
ib.~ the terms of this Agreement, as provided under "Extra Work."
· 'r .... :5'.03 "PRICE OF 'WORK. 'In consideration of the furnishing of all the necessary labor,
'eq~'ipment and material,', and the completion of all work by the CONTRACTOR, and on the
completion of all work and of the delivery of all material embraced in this Contract in full
I~:onformity with the specifications and stipulations herein contained, the OWNER agrees to pay
.~the CONTRACTOR the prices set forth in the Proposal hereto attached, which has been made a
part of this ·contract. The CONTRACTOR hereby agrees to receive such prices in full for furnishing
all material and all labor required for the aforesaid work, also for all expense incurred by him, and
for well and truly performing the same and the whole thereof in the manner and according to
this Agreement. G-9 o ') T ...... ASL'k 1,71
5.04 PARTIAL PAYMENTS. On or before the 10th day of each month, the CONTRACTOR
shall prepare and submit to the ENGINEER for approval or modification a statement showing as
completely as practicable the total value of the work done by the CONTRACTOR up to and
including the last day of the preceding month; said statement shall also include the value of all
sound materials delivered on the site of the work that are to be fabricated into the work.
The OWNER shall then pay the CONTRACTOR on or before the 15th day of the current
month the total amount of the approved statement, less ]~0 per cent of the amount thereof,
which 10 per cent shall be retaiJ~ed 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 OWNER'S
option, may be relieved of the obligation to fu!!y complete the work and, thereupon, the CON-
TRACTOR shall receive payment of the balance due him under the contract subject only to the
conditions stated under "Final Payment."
5.05 USE OF COMPLETED PORTIONS. The OWNER shall have the right to take possession
of and use any completed or partially completed portions of the work, notwithstanding the time
for completing the entire work or such portions may not have expired but such taking possession
and use shall not be deemed an acceptance of any work not completed in accordance with the
Contract Documents. If such prior use increases the cost of or delays the work, the CONTRACTOR
shall be entitled to such extra compensation, or extension of time, or both, as the ENGINEER may
determine.
The CONTRACTOR shall notify the ENGINEER when, in the CONTRACTOR'S opinion,
the contract is "substantially completed" and when so notifying the ENGINEER, the CONTRAC-
TOR shall furnish to the ENGINEER in writing a detailed list of unfinished work. The ENGINEER
will review the CONTRACTOR'S list of unfinished work and will add thereto such items as the
CONTRACTOR has failed to include. The "substantial completion" of the structure or facility shall
not excuse the CONTRACTOR from performing all of the work undertaken, whether of a minor or
major nature, and thereby completing the structure or facility in accordance with the Contract
Documents.
5.06 FINAL COMPLETION AND ACCEPTANCE. Within ten (10) days after the CON-
TRACTOR has given the ENGINEER written notice that the work has been completed, or
substantially completed, the ENGINEER and the OWNER shall inspect the work and within
said time, if the work be found to be completed or substantially completed in accordance with
the Contract Documents, the ENGINEER shall issue to the OWNER and the CONTRACTOR his
Certificate of Completion, and thereupon it shall be the duty of the OWNER within ten (10) days
to issue a Certificate of Acceptance of the work to the CONTRACTOR or to advise the CONTRAC-
TOR in writing of the reason for non-acceptance.
5.07 FINAL PAYMENT. Upon the issuance of tile Certificate of Completion, the ENGI-
NEER shall proceed to make final measurements and prepare final statement of the value of all
work performed and materials furnished under the terms of the Agreement and shall certify same
to the OWNER, who shall pay to tile CONTRACTOR on or after tile 30th day, and before the
35th day, after the date of the Certificate of Completion, the balance due the CONTRACTOR
under the terms of this Agreement, provided he has fully performed his contractual obligations
under the terms of this contract; and said payment shall become due in any event upon said
performance by the CONTRACTOR. Neither tile Certificate of Acceptance nor the final payment,
nor any provision in the Contract Documents, shall relieve the CONTRACTOR of the obligation for
fulfillment of any warranty which may be required.
5.08 PAYMENTS WITHHELD. The OWNER may, on account of subsequently discovered
evidence, withhold or nullify the whole or part of any certificate to such extent as may be
necessary to protect himself from loss on account of:
G-10 e) ................
(d)
-(e)
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating probable filing of claims.
(c) Failure of the CONTRACTOR to make payments properly to sub-
contractors or for material or labor.
Damage to another contractor.
Reasonable doubt that the work can be completed for the unpaid
balance of the contract amount.
(f) Reasonable indication that the work will .not be completed within
the contract time.
When the above grounds are removed or the CONTRACTOR provides a Surety Bond
satisfactory to the OWNER, which will protect the OWNER in the amount withheld, payment
shall be made for amounts withheld because of them.
5.09 DELAYED PAYMENTS, Should the OWNER fail to make payment to the CONTRAC.
TOR of the sum named in any partial or final statement, when payment is due, then the OWNER
shall pay to the CONTRACTOR, in addition to the sum shown as due by such statement, interest
thereon at the rate of six (6) per cent per annum, unless otherwise specified, from date due as
provided under "Partial Payments" and "Final Payments," until full/ paid, which shall fully
liquidate any injury to the CONTRACTOR growing out of such delay in payment, but the right
i~ expressly reserved to the CONTRACTOR in the event payments be not promptly made,
as provided under "Partial Payments," to at any time thereafter treat the contract as abandoned
by the OWNER and recover compensation, as provided under "Abandonment of Contract," unless
such payments are withheld in accordance with the provisions of "Payments Withheld."
6. EXTRA WORK AND CLAIMS
6.01 CHANGE ORDERS: Without invalidating this Agreement, the OWNER may, at any
time or from time to time, order additions, deletions or revisions to the work; such changes will
be authorized by Change Order to be prepared by the ENGINEER for execution by the OWNER
and the CONTRACTOR. The Change Order shall set forth the basis for any change ir, contract
price, as hereinafter set forth for Extra Work, and any change in contract time which may result
from the change.
In the event the CONTRACTOR shall refuse to execute a Change Order which has been
prepared by the ENGINEER and executed by the OWNER, the ENGINEER may 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 herein-
after provided.
6.02 MINOR CHANGES: The ENGINEER may authorize minor changes 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 OWNER of his request to the ENGINEER for a written
Field Order and that the work involved may result in an increase in the Contract Price.
Any request by the CONTRACTOR for a change in Contract Price shall be made prior to
beginning the work covered by the proposed change.
~6.03 EXTRA WORK: It is agreed that the basis of compensation to the CONTRACTOR for
work either added or deleted by a Change Order or for which a claim for Extra Work is made shall
be determined by one or more of the following methods:
Method (A)--By agreed unit prices; or
Method (B)--By agreed lump sum; o~
Method (C)--H neither Method (A) nor Method (B) be ~greed upon before
the Extra Work is commenced, then the CONTRACTOR shall
be paid the "actual field cost" of the work, plu~ fifteen (15)
percent.
In the event said Extra Work be performed and paid 'for under Method (C), then the pro-
visions of this paragraph shall apply and the "actual field cost" is hereby defined to include the
cost to the CONTRACTOR of all workmen, such as foreman, timekeepers, mechanics and
laborers, and materials, supplies, teams, trucks, rentals on machinery and equipment, for the time
actually employed or used on such Extra Work, plus actual transportation charges nec_,~x~rily
incurred, together with all power, fuel, lubricants, water and similar operating expenses, also all
necessary incidental expenses incurred directly on account of such Extra Work, including Social
Security, Old Age Benefits and other payroll taxes, and, a rateable proportion of premiums on
Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage
and Workmen's Compensation, and all other insurance as may 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
accounts of the "actual field cost" shall be kept and the records of these accounts shall be made
available to the ENGINEER. The ENGINEER or OWNER may also specify in writing, before the
work commences, .the method of doing the work and the type and kind of machinery and equip-
mznt 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 equipment shall be incorporated in the Written
Extra Work Order. The fifteen (15%) per cent of the "actual field cost" to be paid the CONTRAC-
TOR 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 account of such Extra Work; then the cost to maintain and operate the
same shall be included in the "actual field cost."
No claim for Extra Work of any kind will be allowed unless ordered in writing by the
ENGINEER. In case any orders or instructions, either oral or written, appear to the CONTRAC-
TOR to involve Extra Work for which he should receive compensation or an adjustment in the
construction time, he shall make written request to the ENGINEER for written order authorizing
such Extra Work. Should a difference of opinion arise as to what does or does not constitute
Extra Work, or as to the payment therefor, and the ENGINEER inskts upon its performance,
'the CONTRACTOR shall proceed with the work after making written request for written order
and shall keep an accurate account of the "actual field cost" thereof, as provided under Method
(C). The CONTRACTOR will thereby preserve the right to ~ubmit the matter of payment to
arbitration, as hereinbelow provided.
6.04 TIME OF FILING CLAIMS. It is further agreed by both parties hereto that all
questions of dispute or adjustment presented by the CONTRACTOR shall be in writing and
filed with the ENGINEER within thirty (30) days after the ENGINEER has given any directions,
order or instruction to which the CONTRACTOR desires to take exception. The ENGINEER
rAali reply within thirty (30) days to such written ~xceptiom by the CONTRACTOR and render
his final decision in writing. In c~e the CONTRACTOR ~hould appeal from the ENGINEER'S
decision, any demand for arbitration shall be filed with the ENGINEER and the OWNER in.
writing within ten (10) days al:er the date of delivery to CONTRAC'I~R of the ENGINEER'S
final decision. It is further agreed that final acceptance of the work by the OWNER and the
acceptance by the CONTRACTOR of the final payment shall be a bar to any claims by either
party, except where noted otherwise in the Contract Documents.
6.05 ARBITRATION. All questions of dispute under, this Agreement shall be submitted
to arbitration at the request of either party to the dispute. The parties may agree upon one
arbiter, otherwise, there shall be three, one named in writing by each party, and the third chosen
by the two arbiters so selected; or if the arbiters fail to select a third within ten (10) days,
he shall be chosen by · District Judge serving the County in which the major 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 firiat~ arid.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 filed in court to carry it into effect.
The arbiters, if they deem the case demands it, are authorized to award the party whose
contention is sustained, such sums as they deem proper for the time, expense and trouble incident
to the appeal, and if the appeal was taken without reasonable cause, they may award damages for
any delay occasioned thereby. The arbiters shall fix their own compensation, unless otherwise
provided by agreement, and shall assess the cost and charges of the arbitration upon either or both
parties. The award of the arbiters must be made in writing.
7. ABANDONMENT OF CONTRACT
7.01 ABANDONMENT BY CONTRACTOR. In case the CONTRACTOR should abandon
and fail or refuse to resume work ~vithin ten (10) days after written notification from the O'~,,~ER,
or the ENGINEER, or if the CONTRACTOR fails to comply with the orders of the ENGINEER,
when such orders are consistent ,with the Contract Documents, then, and in that case, where
performance and payment bonds exist, the Sureties on these bonds shall be notified in writing and
directed to complete the work, and a copy of said notice shall be delivered to the CONTRACTOR.
After receiving said notice of abandonment the CONTRACTOR shall not remove from the
work any machinery, equipment, tools, materials or supplies then on the job, but the same,
together with any materials and equipment under contract for the work, may be held for use on the
work by the OWNER or the Surety on the performance bond, or another contractor in completion
of the work; and the CONTRACTOR shall not receive any rental or credit therefor (except when
used in connection with Extra Work, where credit shall be allowed as provided for under Section 6,
Extra Work and Claims), it being understood that the use of such equipment and materials will
ultimately reduce the cost to complete the work and be reflected in the final settlement.
Where there is no performance bond provided or in ease the Surety should fail to commence
compliance with the notice for completion hereinbefore provided for, within ten (10) days after
service of such notice, then the OWNER may provide for completion of the work in either of the
following elective manners:
7.01.1 The OWNER may thereupon employ such force of men and use such machinery,
equipment, tools, materials and supplies as said OVtSqER may deem necessary to complete the
work and charge the expense of much labor, machinery, equipment, tools, materiah and supplies
to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out
of such moneys as may be due, or that may thereafter at any time become due to the CONTRAC-
TOR under and by virtue of this Agreement. In case such expense is less than the sum which would
have been payable under this contract, if the same had been completed by the CONTRACTOR,
then said CONTRACTOR shall receive the difference. In case such expense is greater than the sum
which would have been payable under this contract, if the same had been completed by said
CONTRACTOR, then the CONTRACTOR and/or his Surety shall pay the amount of such
excess to the OWNER; or
7.01.2 The OWNER under sealed bids, after five (5) days notice published one or more
times in · newspaper having general circulation in the county of the location of the work, may
let the contract for the completion of the work under substantially the same terms and conditions
which are provided in this contract. In case any 'increase in cost to the OWNER under the new
contract as compared to what would have been the cost under this contract, such increase shall be
charged to the CONTRACTOR and the Surety shall be and remain bound therefor. However,
should the cost to complete any such new contract prove to be less than what would have been
the cost to complete under this contract, the CONTRACTOR and/or his Surety shall be credited
therewith. G-13 ~ '~ '"' ~°' '~'"
When the work shall have been substantially completed the CONTRACTOR and his Surety
shall be so notified and Certificates of Completion and Acceptance, as provided in Paragraph 5.06
hereinabove, shall be issued. A complete itemized statement of the contract accounts, certified to
by the ENGINEER as being correct, shall then be prepared and delivered to the CONTRACTOR
and his Surety, whereupon the CONTRACTOR and/or his Surety, or the OWNER as the case may
be, shall pay the balance due as reflected by said statement, within fifteen (15) days after the date
of such Certificate of Completion.
In the event the statement of accounts shows that the cost to complete the work is less
than that which would have been the cost to the OWNER had the work been completed by the
CONTRACTOR under the terms of this contract; or when the CONTRACTOR and/or his Surety
shall pay the balance shown to be due by them to the OWNER, then all machinery, equipment,
tools, materials or supplies left on the site of the work shall be turned over to the CONTRACTOR
and/or his Surety. Should the cost to complete the work exceed the contract price, and the
CONTRACTOR and/or his Surety fail to pay the amount due the OWNER within the time
designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies
on the site of the work, notice thereof, together with an itemized list of such equipment and
materials, shall be mailed to the CONTRACTOR and his Surety at the respective addresses
designated in this contract, provided, however, that actual written notice given in any manner will
satisfy this condition. After mailing, or other giving of such notice, such property shall be held at
the risk of the CONTRACTOR and his Surety subject only to the duty of the OV~ER to exercise
ordinaxy care to protect such property. After fifteen (15) days from the date of said notice the
OWNER may sell such machinery, equipment, tools, materials or supplies and apply the net sum
derived from such sale to the credit of the CONTRACTOR and his Surety. Such sale may be made
at either public or private sale, with or without notice, as the OWNER may elect. The O~,.NER
shall release any machinery, equipment, tools,' materials, or supplies, which remain on the work,
and belong to persons other than the CONTRACTOR or his Surety, to their proper owners.
The books on all operations provided herein shall be open to the CONTRACTOR and his Surety.
7.02 ABANDONMENT BY OWNER. In case the OWNER shall fail to comply with the
terms of this contract, and should fail or refuse t.o comply with said terms within ten (10) days
after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or
wholly abandon the work, and may remove therefrom all machinery, tools and equipment, and
all materials on the site of work that have not been included in payments to the CONTRACTOR
and have not been wrought into the work. And thereupon the ENGINEER shall make an estimate
of the total amount earned by the CONTRACTOR, which estimate shall include the value of all
work actually completed by said CONTRACTOR (at the prices stated in ~he attached proposal
where unit prices are used), the value of all partially completed work at a fair and equitable
price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by
the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the
CONTRACTOR to carry the whole work to completion and which cannot be utilized. The
ENGINEER shall then make a final statement of the balance due the CONTRACTOR by deducting
from the above estimate all previous payments by the OWNER and all other sums that may be
retained b~' the OWNER under the terms of this Aereement and shall certifv same to the OWNER
who shall pay to the CONTRACTOR on or before thirty (30) days after the date of the notification
by the CONTRACTOR the balance shown by said final statement as due the CONTRACTOR,
under the terms of this Agreement.
STANDARD FORM OF AGREEMENT
As Adopted By
THE TEXAS SECTION OF THE AMERICAN SOCIETY OF CIVIL ENGINEERS
October 7, 1971
Revised November 17, 1928
Revised April 15, 1932
Revised October 27, 1934
Revised October 19, 1945
Revised April 8, 1954
Revised April 21, 1960
Revised October 7, 1971
Approved as to Legal Form by
Legal Counsel
STATE OF TEXAS
COUNTY OF.__
THIS AGREEMENT, made and entered into this
A. D. 19 , by and between
day of.
of the County of
~nd State of Texas, acting through
~thereunto duly authorized so to do,
Party of the First Part, hereinafter termed OWNER, and
of the City of. , County of.
and State of. , Party of the Second Part, hereinafter termed
CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements herein-
after mentioned, to be made and performed by the Party of the First Part (OWNER), and under
the conditions expressed in the bond 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:
and all extra work in connection therewith, under the terms us stated in the General Conditions
of the Agreement and at his (or their) own proper cost and expense to furnish all the materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories
and services necessary to complete the said construction, in accordance with the conditions and
prices stated in the Proposal attached hereto, and in accordance with the Notice to Contractors,
General and Special Conditions of Agreement, Plans and other drawings and printed or written
explanatory matter thereof, and the Specifications and addenda therefor, as prepared by__
herein entitled the ENGINEER, eat'h of which has been identified by the CONTRACTOR and
the EN(;INEER, together with the CONTRACTOR'S written Proposal, the General Conditions
of the Agreement, and the Performance and Payment Bond.~ hereto attached: all of which are made
a part hereof and collectively evidence and constitute the entire contract.
The CONTRACTOR hereby agrees to commence work within ten (10) days after the date
written notice to do so shall have been given to him, and to substantially complete the same
calendar days
within working days after the date of the written notice to commence work, subject
to such extensions of time as are provided by the General and Special Conditions.
THE OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in
the proposal, which forms a part of this contract, such payments to be subject to the General
and Special Conditions of the contract.
IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in
the year and day first above written.
Party of the First Part (OWNER)
A~I~EST:
Party of the Second Part (CONTRACTOR)
By'
ATTEST:
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF
KNOW ALL MEN BY THESE PRESENTS: That .
· of the City of
County of , and State of.
principal, and
authorized under the laws of the State of Texas to act as surety on bonds for principals, are held
and firmly bound unto (Owner),
in the penal sum of Dollars ($ .)
for the payment whereof, the said Principal and Surety bind themselves, and their heirs,
administrators, executors, successors and A~igns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract with the Owner,
dated the . day of. ,19 , to
which contract is hereby referred to and made a part hereof as fully and to the same extent
sa 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 covenants, conditions and agreements in and by said
contract agreed and covenanted by the Principal to be observed and performed, and according to
the true intent and meaning of said Contract and the Plans and Specifications hereto annexed,
then this obligation shall be void; otherwise to remain in full force and effect;
"PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of (Article
5160 for Public Work) (Article 5472d for Private Work)* of the Revised Civil Statutes of Texas as
mnended and all liabilities on this bond shall be determined in accordance with the provisions of
r~id Article to the same extent as if it were copied at length herein."
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, speci.
fications, or drawings accompanying the same, shall in anyway affect its obligation on this
*Not applicable for federal work. See "I'he Miller 'Act," 40 U.S.C. S270.
PB-1
bond, and it does hereby waive notice of any such change, extension of time, alteration or addition
to the terms of the contract, or to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instru-
ment this .day of. ,19__
Principal
By
Title
Title
Address __ Address
The name and address of the Resident Agent of Surety is:
PAYMENT BOND
STATE OF TEXAS
COUNTY OF.__
KNOW ALL MEN BY THESE PRESENTS: That
of the City of
County of.
principal, and
, and State of , as
authorized under the laws of the State of Texas to act as surety on bonds for principals, are held
and firmly bound unto (Owner),
in' the penal sum of Dollars ($ )
for the payment whereof, the said Principal and Surety bind themselves and their heirs, adminis-
trators, 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 day of. ., 19 , to
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 Princfpal 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;
othe,~vise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of
the Revised Civil Statutes of Texas as amended 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.
Surety, for value received, stipulates and agrees that no change, extension of time, alteration
or wddition to the terms of the contract, or to the work performed thereunder, or the plans,
specifications or drawings a~companyiug th~. same, shall in anywise affect its obligation on this
bond, and it does hereby waive notice of any such change, extension of time, alteration or addition
to the terms of the contract, or to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instru-
ment this day of ,19 .
By -: By
Title T/tle,
Address Address
The name and address of the Resident Agent of Surety is:
1.01
1.02
1.05
1.04
1.05
1.06
1.07
1.08
1.09
2.01
2.02
2.03
2.04
2.05
2.06
2.0?
2.08
2.09
2.10
2.11
2.12
2.13
2.14
2.15
3.01
8.02
3.03
3.04
8.05
3.OG
8.0?
3.08
TABLE OF CONTENTS
FOR
GENERAL CONDmONS OF AGREEMENT
1. Definition of Terms Page
Owner, Contractor and Engineer ...................... G-1
Contract Documents .......................... G-1
Sub-Contractor .., .......................... G-1
Written Notice ............................ G-1
Work ................................ G-1
Extra Work .............................. G-1
Working Day ............................. G-1
Calendar Day ............................. G-1
Substantially Completed ......................... G-1
2. Responsibilities of the Engineer and the Contractor
Owner-Engineer Relationship ....................... G-2
Professional Inspection by Engineer .................... G-2
Payments for Work ........................... G-2
Initial Determinations .......................... G-2
Objections .............................. G-2
Lines and Grades ........................... G-2
,Contractor's Duty and Superintendence ................... G-2
Contractor's Understanding ........................ G-3
Character of Workmen ......................... G-3
Contractor's Buildings ......................... G-3
Sanitation .............................. G-4
Shop Drawings ............................ G-4
Preliminary Approval .......................... G-4
Defects and Their Remedies ....................... G-4
Changes and Alterations ......................... G-5
3. General Obligations and Responsibilities
Keeping of Plans and Specifications Accessible ................ G-5
Ownership of Drawings ......................... G-5
Adequacy of Design .......................... G-5
Right of Entry ............................. G-5
Collateral Contracts ........................... G-5
Discrepancies and Omissions ....................... G-5
Equipment, Materials and Construction Plant ................. G-5
Damages ............................... G-6
GENERAL CONDITIONS OF AGREEMENT
1. DEFINITIONS OF TERMS
1.01 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and
the ENGINEER are those persons or organizations identified as such in the Agreement and are
referred to throughout the' Contract Documents as if singular in number and masculine in gender.
The term ENGINEER means the ENGINEER or his duly authorized representative. The ENGI.
NEER 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 CONTRACT DOCUMENTS. The Contract Documents shall consist of the Notice to
Contractors (Advertisement), Special Conditions (Instructions to Bidders), Proposal, signed
Agreement, Performance and Payment Bonds (when required), Special Bonds (when required),
General Conditions of the Agreement, Technical Specifications, Plans, and all modifications thereof
incorporated in any of the documents before the execution of the agreement.
The Contract Documents are complementary, and what is called for by any one shall be as
binding as if called for by all. In case of conflict between any of the Contract Documents, priority
of interpretation shall be in the following order: Signed Agreement, Performance and Payment
Bonds, Special Bonds (if any), Proposal, Special Conditions of Agreement, Notice to Contractors,
Technical Specifications, Plans, and General Conditions of Agreement.
1.03 SUB-CONTRACTOR. The term Sub-Contractor, as employed herein, includes only
those having a direct contract with the CONTRACTOR and it includes one who furnishes material
worked to a special design according to the plans or specifications of this work, but does not
include one who merely furnishes material not so worked.
1.04 WRITTEN NOTICE. Written notice shall be deemed to have been duly served if
delivered in oerson to the individual or to a member of the firm or to an officer of the corporation
for whom it is intended, or if delivered at or sent by registered, mail to the last business address
known to him who gives the notice.
1.05 WORK. The CONTRACTOR shall provide and pay for all materials, supplies, machin-
ery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel,
transportation and other facilities necessary for the execution and completion of the work covered
by the contract documents. Unless otherwise specified, all materials shall be new and both
workmanship and materials shall be of a good quality. The CONTRACTOR shall, if required,
furnish satisfactory evidence as to the kind and quality of materials. Materials or work described
in words which so applied have a well known technical or trade meaning shall be held to refer to
such recognized standards.
1.06 EXTRA WORK. The term "Extra Work" as used in this contract shall be understood
to mean and include all work that may be required by the ENGINEER 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
Proposal, 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 conditions, not under the control of
the CONTRACTOR, will permit construction of the principal units of the work for a period of
not less than seven (7) hours between 7:00 a.m. and 6:00 p.m.
1.08 CALENDAR DAY. "Calendar Day" is any day of the week or month, no days being
excepted.
1.09 SUBSTANTIALLY COMPLETED. By the term "substantially completed" is meant
that the structure has been made suitable for use or occupancy or the facility is in condition to
serve its intended purpose, but still may require minor miscellaneous work and adjustment.
The CONTRACTOR is and at all ti~s:sha~remain an independent contractor, solely
responsible for the manner and method of' "e~mPle~in~?~is work under this contract, with full
power and authority to select the means, method and manner of performing such work, so long as
such methods do not adversely affect the completed improvements, the OWNER and ENGINEER
being interested only in the result obtained and conformity of such completed improvements to
the plans, specifications and contract.
Likewise, the CONTRACTOR shall be solely responsible for the safety of himself, his employ-
ecs and other persons, as well as for the protection of the safety of the improvements being erected
and the property of himself or any other person, as a result of his operations hereunder. Engineer-
ing construction drawings and specifications as well as any additional information concerning the
work to be performed passing from or through the ENGINEER shall not be interpreted as
requiring or allowing CONTRACTOR to deviate from the plans and specifications, the intent of
such drawings, specifications and any other such instructions being to define with particularity the
agreement of the parties as to the work the CONTRACTOR is to perform. CONTRACTOR shall be
fully and completely liable, at his own expense, for design, construction, installation and use, or
non-use, of all items and methods incident to performance of the contract, and for all loss, damage
or injury incident thereto, either to person or property, including, without limitation, the adequacy
of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precau-
tions or devices, and similar items or devices used by him during construction.
Any review of work in process, or any visit or observation during ~onstruction, or any
clarification of plans and specifications, by the ENGINEER, or any agent, employee, or represen-
tative of either of them, whether through personal observation on the project s~te or by means of
approval of shop drawings for temporary construction or construction processes, or by other means
or method, is agreed by the CONTRACTOR to be for the purpose of observing the extent and
nature of work completed or being performed, as measured against the drawings and specifications
constituting the contract, or for the purpose of enabling CONTRACTOR to more fully understand
the plans and specifications so that the completed construction work will conform thereto, and
shall in no way relieve the CONTRACTOR from full and complete responsibility for the proper
performance of his work on the project, including but without limitation the propriety 'of means
and methods of the CONTRACTOR in performing said contract, and the adequacy of any designs,
plans or other facilities for accomplishing such performance. Deviation by the CONTRACTOR
from plans and specifications that may have been in evidence during any such visitation or
observation by the ENGINEER, or any of his representatives, whether called to the CONTRAC-
TOR'S attention or not shall in no way relieve CONTRACTOR from his responsibility to complete
all work in accordance with said plans and specifications.
2.08 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the CON-
TRACTOR has, by careful examination, satisfied himself as to the nature and location of the work,
the conformation of the ground, the character, quality and quantity of the materials to be encoun-
tered, the character of equipment and facilities needed preliminary to and during the prosecution of
the work, the general and local conditions, and all other matters which can in any way affect the
work under this contract. No verbal agreement or conversation with any officer, agent or employee
of the OWNER or ENGINEER either before or after the execution of this contract, shall affect or
modify any of the terms or obligations herein contained.
2.09 CHARACTER OF WORKMEN. The CONTRACTOR agrees to employ only orderly
and competent men, skillful in the performance of the type of work required under this contract,
to do the work; and agrees that whenever the ENGINEER shall inform him in writing that any man
or men on the work are, in his opinion, incompetent, unfaithful or disorderly, such man or men
shall be discharged from the work and shall not again be employed on the work without the
ENGINEER'S written consent.
2.10 CONTRACTOR'S BUILDINGS. The building of structures for housing men, or the
erection of tents or other forms of protection, will be permitted only at such places as the
ENGINEER shall direct, and the sanitary conditions of the 'grounds in or about such structures
shall at all times be maintained in a manner satisfactory to the ENGINEER.
If such changes or alterations diminish the quantity of the work to be done, they shall not
constitute the basis for a claim for damages, or anticipated profits on the work that may be
dispensed with, except as provided for unit price items under Section 5 "Measurement and Pay-
ment." If the amount of work is increased, and the work can fairly be classified under the speci-
fications, such increase shall be paid for according to the.quantity actually done and at the unit
price, if any, established for such work under this contract, except as provided for unit price
items under Section 5 "Measurement and Payment;" otherwise, such additional work shall be paid
for as provided under Extra Work. In case the OWNER shall make such changes or alterations as
shall make useless any work already done or material already furnished or used in said work,
then the OWNER shall recompense the CONTRACTOR for any material or labor so used,
and for any actual loss occasioned by such change, due to actual expenses incurred in preparation
for the work as originally planned.
3. GENERAL OBLIGATIONS AND RESPONSIBILITIES
3.01 KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE. The ENGINEER shall
furnish the CONTRACTOR with an adequate and reasonable number of copies of all plans and
specifications without expense to him, and the CONTRACTOR shall keep one copy of the sa. ~e
constantly accessible on the work, with the latest revisions noted thereon.
3.02 OWNERSHIP OF DRAWINGS. All drawings, specifications and copies thereof furnished
by the ENGINEER shall not be reused on other work, and, with the exception of the signed
contract sets, are to be returned to him on request, at the completion of the work. All models are
the property of the OWNER.
3.03 ADEQUACY OF DESIGN. It is understood that the OWNER believes it has employed
cdmpetent engineers and designers. It is, therefore, agreed that the OWNER shall be responsible for
the adequacy of the design, sufficiency of the Contract Documents, the safety of the structure and
the practicability of the operations of the completed project; provided the CONTRACTOR has
complied with the requirements of the said Contract Documents, all approved modifications
thereof, and additions and alterations thereto approved in writing by the OWNER. The burden of
proof of such compliance shall be upon the CONTRACTOR to show that he has complied with the
said requirements of the Contract Documents, approved modifications thereof and all approved
additions and alterations thereto.
3.04 RIGHT OF ENTRY. The OWNER reserves the right to enter the property or location
on which the works herein contracted for are to be constructed or installed, by such agent or agents
as he may elect, for the purpose of inspecting the work, or for the purpose of constructing or
installing such collateral work as said OWNER may desire.
3.05 COLLATERAL CONTRACTS. The OWNER agrees to provide by separate contract or
otherwise, all labor and material essential to the completion of the work specifically excluded from
this contract, in such manner as not to delay the progress of the work, or damage said CONTRAC-
TOR, except where such delays are specifically mentioned elsewhere in the Contract Documents.
3.06 DISCREPANCIES AND OMISSIONS. It is further agreed that it is the intent of this
contract that all work must be done and all material must be furnished in accordance with the
generally accepted practice, and in the event of any discrepancies between the separate contract
documents, the priority of interpretation defined under "Contract Documents" shall govern. In
the event that there is still any doubt as to the meaning and intent of any portion of the contract,
specifications or drawings, the ENGINEER shall define which is intended to apply to the work.
3.07 EQUIPMENT, MATERIALS AND CONSTRUCTION PLANT. The CONTRACTOR
shall be responsible for the care, preservation, conservation, and protection of all 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.
nature hereinabove designated have been paid, discharged or waived. If the CONTRACTOR fails
so to do, then the OWNER may at the option of the CONTRACTOR either pay directly any
unpaid bills, of which the OWNER has written notice, or withhold from the CONTRACTOR'S
unpaid compensation a sum of money deemed reasonably sufficient to liquidate ~ny and all such
lawful claims until satisfactory evidence is furllished that~ :~1 liabilities have been fully discharged,
whereupon payments to the CONTRACTOR shall be resumed in full, in accordance with the terms
of thi~ contract, but in no event ~hali the provisions of this ~entence be con~truedto imlX~e any
obligation upon the OWNER by either' the CONTRACTOR or his Surety.
3.14 PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION. The CON-
TRACTOR shall pay all royalties and license fees, and shall provide for the u~e of any design,
device, material or proce~ covered by letters patent or copyright by suitable legal Mreement
with the patentee or owner. The CONTRACTOR shall defend all suits or claims for infringement of
any patent or copyright rights and shall indemnify and save the OWNER and ENGINEER harmless
from any loss on account thereof, except that the OWNER shall defend all such suit~ and claims
and shall be responsible for ali such loss when a perticul~r design, device, material or proc~ or
the product of a particular manufacturer or manufacturers is specified or required by the ~)WNER;
provided, however, if choice of alternate design, device, material or process is allowS! to the
CONTRACTOR, then CONTRACTOR shall indemnify and save OWNER h~rmless from any loss
on account thereof. If tl:e material or process specified or required by the OWNER is an infringe.
ment, 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
with all Federal, State and local laws, ordinances and regulations, which in any manner affect the
contract or the work, and shall indemnify and save harmless the OWNER and ENGINEER against
any claim arising from the violation of any such laws, ordinances, and regulations whether by the
CONTRACTOR or his employees, except wl~ere such violations are called for by the provisions
of the Contract Documents. If the CONTRACTOR observes that the plans and specifications are
at variance therewith, he shall promptly notify the ENGINEER in writing, and any nece~r~
changes shall be adjusted as provided in the contract for changes in the work. If the CONTRAC-
TOR performs any work knowing it to be contrary to such laws, ordinances, rules and regulations,
and without such notice to the ENGINEER, he shall bear all costs arising therefrom. In case the
OWNER is a body politic and corporate, the law from which it derives its powers, insofar as the
same regulates the objects for which, or the manner in which, or the conditions under which the
OWNER may enter into contract, shall be controlling, and shall be considered as part of this
contract, to the same effect as though embodied herein.
3.16 ASSIGNMENT AND SUBLETTING. The CONTRACTOR further agrees that he will
retain personal control and will give his personal attention to the fulfillment of this contract and
that he will not assign by Power of Attorney, or otherwise, or sublet said contract without the
written consent of the ENGINEER, and that no part or feature of the work will be sublet to
anyone objectionable to the ENGINEER or the OWNER. The CONTRAC2~R further agrees
that the subletting of any portion or feature of the work, or materi~i~ required in the performance
of this 'contract, shall not relieve the CONTRACTOR from his full obligations to the OWNER, as
provided by this Agreement.
3.17 INDEMNIFICATION. The CONTRACTOR shall defend, indemnify and hold harmless
the OWNER and the ENGINEER and their respective officers, agents and employees, from and
against all damages, claims, losses, demands, suits, judgments and costs, including reasonable
attorneys' fees and e.xpenses, arising out of or resulting from the performance of the work,
provided that any such damages, claim, loss, demand, suit, judgment, cost or expense:
(1)
Is attributable to bodily injury, sickness, disease or death or to injury
to or destruction of tangible property (other than the work itself)
including the loss of use resulting therefrom; and,
~: 4:02 ;EXTENSION OF TIME. Should the CONTRACTOR be delayed in the completion
of the work ~oy .any act or neglect of the OWNER or ENGINEER, or of any employee of either,
or 10y other, contractors employed by the OWNER, or by changes.ordered in the work, or by
Strikes, lockouts, fires, and unusual delays by common carriers, or unavoidable cause or causes
beyond the CONTRACTOR'S control, or by any cause which the ENGINEER shall decide justifies
the-delay,' 'then. an extension ,of time shall be allowed for completing the .work, sufficient to
compeasate for the delay,, the amount 'of the extension to be determined.by the ENGINEER,
provided, however, that the CONTRACTOR shall give the ENGINEER prompt .notice in writing
of the cause of such delay. ..
.' 4.03' HINDRANCEs"AND DELAYS. No claims shall be made by the CONTRACTOR for
damages .resulting from hindrances or delays from any cause (except where the work is stopped by
Order .of the OWNER) during the progress of any portion of the work embraced in this contract.
In' ca~e said work shall be stopped by the act of the OWNER, then such expense as in the judgment
of the ENGINEER is caused by such stoppage of said work shall be paid by the OWNER to the
CONTRACTOR.
.- .... 5. MEASUREMENT AND PAYMENT
: 5.0'i QUANTITIES AND MEASUREMENTS. No extra or customary measurements of
any kind will be allowed, but the actual measured and/or computed length, area, solid contents,
number and weight only shall be considered, unless otherwise specifically provided.
" '5,02 ESTIMATED QUANTITIES. This agreement, including the specifications, plans and
estimate, is intended to show clearly all work to be done and material to be furnished hereunder.
- Where the estimated quantities are shown for the various classes of work to be done and material
to b'e 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.
]t [S understood ~,nd agreed that the actual amount of work to be done and material to be furnished
under this contract may differ somewhat from these estimates, and that where the basis for
payment under this contract is the unit price method, payment shall be for the actual amount of
such work done and the material furniShed.
- Wherg payment is based on the unit price method, the CONTRACTOR agrees that he will
r~ake no claim for damages, anticipated profits or otherwise on account of any differences which
may' be found between the quantities of work actually done, the material actually furnished
tinder this contract and the estimated quantities contemplated and contained in the proposal;
~rovided, however, that in case the actual quantity of any major item should become as much
'as 20% morb than, or 20% less than the estimated or contemplated quantity for such items, then
either party to this Agreement, upon demand, shall be entitled to a revised consideration upon the
portion of the work above or below 20% of the estimated quantity.
A "Major Item" Shall be Construed to be any individual bid item incurred in the proposal that
'has a iotal cost.equal to or greater than five (5) per cent of the total contract cost, computed on the
'basis of the proposal quantities and the contract unit prices.
'~" ': Any revised consideration is to be determined by agreement between the parties, otherwise
;b~ 'the terms of this Agreement, as provided under "Extra Work."
· "*' '5'.03 i'PRICE OF WORK. 'In consideration of the furnishing of all the necessary labor,
'eq~'ipm'ent hnd material,', and the completion of all work by the CONTRACTOR, and on the
completion of all work and of the delivery of all material embraced in this Contract in full
I~:onformity with the specifications and stipulations herein contained, the OWNER agrees to pay
.~the CONTRACTOR the prices set forth in the Proposal hereto attached, which has been made a
part of this 'contract. The CONTRACTOR hereby agrees to receive such prices in full for furnishing
all material and all labor required for the aforesaid work, also for all expense incurred by him, and
for well and truly performing the same and the whole thereof in the manner and according to
this Agreement. G-9
(a) Defective work not remedied.
(b) Claims fried or reasonable evidence indicating probable filing of claims.
(c) Failure of the CONTRACTOR to make payments properly to sub-
contractors or for material or labor.
(d) Damage to another contractor.. ~
(e) Reasonable doubt that the work can be completed for the unpaid
balance of the contract amount.
(f) Reasonable indication that the work will not be completed within
the contract time.
When the above grounds are removed or the CONTRACTOR provides a Surety Bond
satisfactory to the OWNER, which will protect the OWNER in the amount withheld, payment
shall be made for amounts withheld because of them.
5.09 DELAYED PAYMENTS. Should the OWNER fail to make payment to the CONTRAC.
TOR of the sum named in any partial or final statement, when payment is due, then the OWNER
shall pay to the CONTRACTOR, in addition to the sum shown as due by such statement, interest
thereon at the rate of six (6) per cent per annum, unless otherwise specified, from date due as
provided under "Partial Payments" and "Final Payments," until full.; paid, which shall fully
liquidate any injury to the CONTRACTOR growing out of such delay in payment, but the right
is expressly reserved to the CONTRACTOR in the event payments be not promptly made,
· s provided under "Partial Payments," to at any time thereafter treat the contract as abandoned
by the OWNER and recover compensation, as provided under "Abandonment of Contract," unless
such payments are withheld in accordance with the provisions of "Payments Withheld."
6. EXTRA WORK AND CLAIMS
6.01 CHANGE ORDERS: Without invalidating this Agreement, the OWNER may, at any
time or from time to time, order additions, deletions or revisions to the work; such changes will
be authorized by Change Order to be prepared by the ENGINEER for execution by the OWNER
and the CONTRACTOR. The Change Order shall set forth the basis for any change ir, contract
price, as hereinafter set forth for Extra Work, and any change in contract time which may result
from the change.
In the event the CONTRACTOR shall refuse to execute a Change Order which has been
prepared by the ENGINEER and executed by the OWNER, the ENGINEER may 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 herein-
after provided.
6.02 MINOR CHANGES: The ENGINEER may authorize minor changes 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 OWNER of his request to the ENGINEER for a written
Field Order and that the work involved may result in an increase in the Contract Price.
Any request by the CONTRACTOR for a change in Contract Price shall be made prior to
beginning the work covered by the proposed change.
.~6.03 EXTRA WORK: It is agreed that the basis of compensation to the CONTRACTOR for
work either added or deleted by a Change Order or for which a claim for Extra Work is made shall
be determined by one or more of the following methods:
Gll '
by the two. arbiters so ~lected; or if the arbiters fail to select a third within ten (10) days,
he shall be chosen by · District Judge ~rving the County in which the major portion of the
project, is located, unless otherwise specified. Should the party demanding arbitration fail to
ri·me an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the
decision of the ENGINEER shall be finat 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 ·ny 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 & condition precedent to any right of legal ·ction. The decision of
the arbiter or arbiters may be filed in court to carry it into effect.
The arbiters, if they deem the case demands it, are authorized to award the party whose
contention is sustained, such sums as they deem proper for the time, expense and trouble incident
to the appeal, and if the appeal was taken without reasonable cause, they may award damages for
· ny delay occasioned thereby. The arbiters shall fix their own compensation, unless otherwise
provided by agreement, and shall assess the cost and charges of the arbitration upon either or both
parties. The award of the arbiters must be made in writing.
7. ABANDONMENTOFCONTRACT
7.01 ABANDONMENT BY CONTRACTOR. In case the CONTRACTOR should abandon
and fail or refuse to resume work Within ten (10) days after written notification from the OWNER,
or the ENGINEER, or if the CONTRACTOR fails to comply with the orders of the ENGINEER,
when such orders are consistent ,with the Contract Documents, then, and in that case, where
performance and payment bonds exist, the Sureties on these bonds shall be notified in writing and
directed to complete the work, and a copy of said notice shall be delivered to the CONTRACTOR.
After receiving said notice of abandonment the CONTRACTOR shall not remove from the
work any machinery, equipment, tools, materials or supplies then on the job, but the same,
together with any materials and equipment under contract for the work, may be held for use on the
work by the OWNER or the Surety on the performance bond, or another contractor in completion
of the work; and the CONTRACTOR shall not receive any rental or credit therefor (except when
used in connection with Extra Work, where credit shall be allowed as provided for under Section 6,
Extra Work and Claims), it being understood that the use of such equipment and materials will
ultimately reduce the cost to complete the work and be reflected in the final settlement.
Where there is no performance bond provided or in ease the Surety should fail to commence
compliance with the notice for completion hereinbefore provided for, within ten (10) days after
service of such notice, then the OWNER may provide for completion of the work in either of the
following elective manners:
7.01.1 The OWNER may thereupon employ such force of men and use such machinery,
equipment, tools, materials and supplies as said OWNER may deem necessary to complete the
work and charge the expense of such labor, machinery, equipment, tools, materials and supplies
to said CONTRACTOR, ·nd expense so charged shall be deducted and paid by the OWNER out
of such moneys as may be due, or that may thereafter at any time become due to the CONTRAC-
TOR under and by virtue of this Agreement. In case such expense is less than the sum which would
have been payable under this contract, if the same had been completed by the CONTRACTOR,
then said CONTRACTOR shall receive the difference. In case such expense is greater than the sum
which would have been payable under this contract, if the same had been completed by said
CONTRACTOR, then the CONTRACTOR and/or his Surety shall pay the amount of such
excess to the OWNER; or
7.01.2 The OWNER under sealed bids, after five (5) days notice published one or more
times in · newspaper having general circulation in the county of the location of the work, may
let the contract for the completion of the work under substantially the same terms and conditions
which are provided in this contract. In case any increase in cost to the OWNER under the new
contract as compared to what would have been the cost under this contract, such increase shall be
charged to the CONTRACTOR and the Surety shall be and remain bound therefor. However,
should the cost to complete any such new contract prove to be less than what would have been
the cost to complete under this contract, the CONTRACTOR and/or his Surety shall be credited
therewith. G-13 ~ "'"' '~°' '~ '~'
STANDARD FORM OF AGREEMENT
As Adopted By
THE TEXAS SECTION OF THE AMERICAN SOCIETY OF CIVIL ENGINEERS
October 7, 1971
Revised November 17, 1928
Revised April 15, 1932
Revised October 27, 1934
Revised October 19, 1945
Revised April 8, 1954
Revised April 21, 1960
Revised October 7, 1971
Approved as to Legal Form by
Legal Counsel
STATE OF TEXAS
COUNTY OF .
THIS AGREEMENT, made and entered into this
A. D. 19 , by and between
day oL
of the County oL
nnd State of Texas, acting through
thereunto duly authorized so to do,
Party of the First Part, hereinafter termed OWNER, and
of the City of. , County of.
and State of , Party of the Second Part, hereinafter termed
CONTEACTOE.
WlTNESSETH: That for and in consideration of the payments and agreements herein-
after mentioned, to be made and performed by the Party of the First Part (OWNEE), and under
the conditions expressed in the bond 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:
and all extra work in connection therewith, under the terms as stated in the General Conditions
of the Agreement and at his (or their) own proper cost and expense to furnish all the materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories
and services necessary to complete the said construction, in accordance with the conditions and
prices stated in the Proposal attached hereto, and in accordance with the Notice to Contractors,
General and Special Conditions of Agreement, Plans and other drawings and printed or written
explanatory matter thereof, and the Specifications and addenda therefor, as prepared by
herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and
the ENGINEER, together with the CONTRACTOR'S written Proposal, the General Conditions
of the Agreement, and the Performance and Payment Bonds hereto attached; all of which are made
a part hereof and c,llectively evidence and constitute the entire contract.
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF,
KNOW ALL MEN BY THESE PRESENTS: That
· of the City of.
County of , and State of.
principal, and,
authorized under the laws of the State of Texas to act as surety on bonds for principals, are held
and firmly bound unto (Owner),
in the penal sum of Dollars ($ )
for the payment whereof, the raid Principal and Surety bind themselves, and their heirs,
administrators, executors, successors and a=igns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract with the Owner,
dated the day of. ,19 , to
which contract is hereby referred to and made a part hereof as fully and to the same extent
as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully
observe and perform all and singular the covenants, conditions and agreements in and by said
contract agreed and covenanted by the Principal to be observed and performed, and according to
the true intent and meaning of said Contract and the Plans and Specifications hereto annexed,
then this obligation shall be void; otherwise to remain in full force and effect;
"PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of (Article
5160 for Public Work) (Article 5472d for Private Work)* of the Revised Civil Statutes of Texas as
amended 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."
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, speci-
ficatiorm, or drawings accompanying the same, shall in anyway affect its obligation on this
*Not applicable for federal work. See "The Miller 'Act," 40 U.S.C. S270.
PB-1
PAYMENT BOND
STATE OF TEXAS
COUNTY OF.__
KNOW ALL MEN BY THESE PRESENTS: That.___
of the City of
County of. ., and State of , as
principal, and
authorized under the laws of the State of Texas to act as surety on bonds for principals, are held
and firmly bound unto (Owner),
in' the penal sum of Dollars ($ )
for the payment whereof, the said Principal and Surety bind themselves and their heirs, adminis-
trators, executors, successors and assigns, jointly and severally, by these presents:
V~HEREAS, the Principal has entered into a certain written contract with the Owner,
dated the day of , 19__., to
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;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of
the Revised Civil Statutes of Texas as amended 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.
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 tbs. same, shall in anywise affect its obligation on this
SECTION 00~30 - CERtifiCATE OF INSUR__AI~_~
Afte= awa=d of cant=act, Cant=acta= w~l! p=ovide Owne=
with Ce=ttflcate of lnsu=ance which wlll be executed and
bound he=e with final documents.
Sec. 00630
1
~]_ON 00~59,- SPECIAL ~ITIONS
1.1 INDEX TO SPECIAL CONDITI~
PARAGRAPH
PAGE NO.
1.2
1.3
1.~
1.6
1.7
1.8
1.9
1.10
1.11
1.12
1.13
1.1~*
1.15
1.16
1.17
1.18
1.19
.20
1.21
1.22
1.2:3
1.2q
1.25
GENERAL
DEFINITION OF TERMS
MODIFICATIONS OF GENERAL COND]T]ONS
OF AGREEMENT
CONTRACT EXECUTION & ISSUANCE OF
WORK ORDER
STATE & CITY SALES TAX
EX]STING STRUCTURES
PROTECT]ON& RESTORATION OF PROPERTY
REFERENCE SPEC]F]CATIONS
SUBSURFACE CONDITIONS
SERVICE OF MANUFACTURER'S
REPRESENTATIVE
PLANS AND SPECIFICATIONS AVA]LABILITY
SUBCONTRACTORS
CONTRACTOR'S RESPONSIB]LITY FOR
UTIL]T]ES& SERVICES
MANUFACTURER'S D]RECT]ONS
SANITARY FAC]L/TIES
GUARANTEE OF WORK
F]NAL INSPECTION
PERM]TS & LICENSES
NOT]CE OF REQUIREMENT FOR CERTIFICAT]ON
OF NON-SEGREGATED FAC]L]TIES
TESTING
COORD]NAT]ON WITH RAILROAD
SUGGESTED SEGUENCE OF CONSTRUCT]ON
TEXAS STATE DEPARTMENT OF HIGHWAYS &
PUBLIC TRANSPORTATION SPECIFICATIONS
GENERAL NOTES
00650-1
00650-1
00650-3-6
00650-6
00650-6-7
00650-7
00650-7-8
00650-8
00650-8
00650-8
006S0-9
00650-9
00650-9
00650-9
00650-10
00650-10
00650-10
00650-10
006S0-10
00650-31
00650-11-15
00650-35
00650-16-18
_~. 2 GENERAL
These Special Conditions supplement, modify, change,
delete f=om and/o= add to Specifications and the "Gene=al
Conditions of Ag=semen=". Nhe=e any A=ticle of the
Gene=al Conditions is modified o= any Pa=ag=apb, subpa=a-
g=oph o= Clause the=eof is modified o= deleted by these
supplements, the unaltered p=ovisions of that A=ticle,
Pa=ag=apb, Subpa=ag=aph o= Clause shall =emain in effect.
1.3 DEFINI!!ON OF TERNS
O~ne=: Whe=eve= the woad "ONNER" is used in the
Specifications and the Cant=act Documents, it shall be
understood as =ere=sing to the City of Coppell.
Be
Engines== Whe=eve= the woad "ENGINEER" is used in the
Specifications and the Cant=act Documents, it shall be
understood as releasing to Ginn, Inc.; 17103 P=eston Rd.,
Suite lO0, Dallas, Texas 752~8.
Cant=acta=: Nbs=eve= the woad "CONTRACTOR" is used in
the Specifications and the Cant=act Documents, it shall
be ands=stood as denoting the Gene=al Cant=actor signing
this Cant=act.
D. See Appendix A fo= fu=the= definition of terms.
AGREEMENT
The following designated items of the Gene=al Conditions
Ag=semen= a=e modified as follows:
of
ke
Pa=ag=apb 2.06 - Lines and G=ades is deleted in its
enti=ety and the following substituted the=erase . .
"The Engineer will identify bench marks and horizontal
cant=al points in close proximity to the No=k. From
these cant=al points,, the Cant=acta= shall provide g~
su=veying necessary to lay out the No=k. Cant=acta=
shall be =esponsible fo= establishing all lines and
9=ades necessa=y to cant=al the No=k and shall be
=esponstble fo= the p=ecise location of all facilities."
"The Engines= may make checks as the Wo=k p=og=esses to
ve=ify lines and g=ades established by the Cant=acta= to
determine the confoz~nance of the completed work as it
p=og=esses with the =equi=ements of the Cant=act Specifi-
cations and D=awings. Such checking by the Engines=
shall not =elieve the Cant=acta= of his =esponsibility to
pe=fo=m all ~o=k in connection with the Cant=act D=awings
and Specifications and the lines and grades given the=sin.
Sec. 00650
Be
Pa:ag:apb 3.09 - Protection Against Accident to Employees
and the Public is modified by adding the following:
"Contractor/s attention is specifically directed to the
Texas Occupational Safety Law."
"The Contractor shall so conduct his operations as to
offer the least possible obstruction and inconvenience to
public traffic. After the "Notice to Proceed" is issued,
the Contractor shall notify the Engineer, at the earliest
possible date, of the starting of hauling of materials
and any const:uction work which might in any way
inconvenience or endanger traffic."
"The Contractor shall provide and maintain f]agmen at all
points where his operations interfere in any manner with
traffic flow. Flagman shall be English speaking,
courteous, well informed, physically and mentally able
effectually to perform their duties in safeguarding and
directing traffic and protecting the Work, and shall be
neatly attired and groomed at all times when on duty.
Flagman, when directing traffic, shall use standard
flagging procedures set forth in the ~]nstructions to
Flagman' published by the Texas State Department of
Highways and Public Transportation."
"The Contractor shall provide, construct and maintain
suitable barricades os shown on the Plans and elsewhere
when di:ected by the Engineer. The Contractor shall
provide and maintain such standard barricades or special
barricades, signs, lights and flags at points along the
project as may be necessary to protect the Work and
safeguard all traffic. A]] signs, barricades and working
area layouts shall be provided and maintained in
accordance with requirements of Part VI of the Manual on
Untfo=m Traffic Control Devices, 'Traffic Controls for
Street and Highway Construction and Maintenance
Operations.' Signs and barricades to facilitate the flow
of traffic will be the responsibility of the Contractor.
The use of sufficient vertical panels with flashers in
conjunction with necessary wa=ning signs and barricades
will be requi:ed to direct traffic."
"No direct payment will be made for the work involved in
ca::ying out the public safety measures herein provided,
the cost thereof being included in the prices paid for
the. various contract items of work and no additional
allowance wi]] be made therefore."
Paragraph 3.20 - Perfo:mance and Payment Bonds
modified as
With the execution and delivery of the Contract, the
Contractor shall execute and furnish separate
Performance and Payment Bonds on the forms provided
as follows:
Sec. 00650
De
Performance Bond: A Performance Bond in the
amount of one hundred percent IIOOSl of the
Contract price, or only increases o= deletions
therefrom due to contract modifications,
guaranteeing faithful performance of the work and
fulfillment of the obligations of the Contract.
The Performance Bond shall guarantee that the
Contractor shall repair and/or replace .any
defects in the work arising from defective or
inferior workmanship or materials used therein/
for a period of one Ill year from date of final
acceptance of the work by the O~ner.
Payment Bond: A Payment Bond in the amount of
one hundred percent {100%} of the Contract price,
or any increases or deletions therefrom due to
contract modifications/ guaranteeing payment to
all persons supplying labor and materials or
furnishing equipment in the execution of the
Contract.
Performance and Payment bonds shall be from an
approved surety company holding a permit from The
State of Texas to act as surety or other surety or
sureties acceptable to the Ch~ner.
Paragraph 3.18 - Insurance is modified by the addition of
the following . .
Contractor's and Subcont=actor~s Public Liability,
Vehicle Liability, and Property Damage Insurance:
As required under Paragraph 3.18 of the Genera]
Conditions, the Contractor's Public Liability Insurance
and Vehicle Liability Insurance shall be an amount not
less than $200,000.00 for tn)urtes, including accidental
death, to any one person, and sub)sci to the same limit
for each person, in an amount not less than $500,000.00
on account of one accident/ and Contractor's Property
Damage Insurance in an amount not less than $100,000.00
pea accident and S200,000.00 aggregate.
The Contractor shall either Il! require each of his
subcontractors to procure and to maintain during the life
of his subcontract~ Subcontractor's Public Liability and
Property Damage of the type and in the same amounts as
specified in the preceding paragraph, or [2} insure the
activities of his subcontractors in his own po]icy.
Builder's Risk Insurance: The Contractor will maintain
Builder/s Risk Insurance Iftre and extended coveragel on
a lO0~ completed value basis on the insurable portions of
the project for the benefit of the O~ner, the Contractor,
and all subcontractors/ as their interests may appear.
Sec. 00650
3
Section ~ - PROSECUTION AND PROGRESS is deleted in its
entirety and the following substituted therefore:
TINE FOR CONPLETION AND LIGUIDATED DANAGES
TINE FOR CONPLETION: The time allotted for
completion of all items of work fo= this
pro).ct shall be 90 consecutive calendar days.
It is hereby unde=-~tood and mutually agreed, by
and between the Cant=acta= and the O~ne=, that
the date of beginning and the time for
completion as specified in the Contract of the
wo=k to be done he=eunde= a=e ESSENTIAL
CONDITIONS of this contracts and it is fu=the=
mutually unde=stood and agreed that the work
.mb=aced in this contract shall be commenced on
a date to be specified in the Notice to
Proceed.
Cant=acta= shal] not wo=k on Sundays.
Work perfo=med on Saturdays
between the hours of 9:00 a.m.
with approval of the Engines=.
shall be done
and 4:00 p.m.
Honday th=u F=tday work shall be limited
between the hours of 8:00 a.m. and 6:00 p.m.
The Contractor agrees that said work shall be
prosecuted regular]y, diligently, and
uninter=uptedly at such a rate of p=og=ess as
wi]] insure full completion thereof within the
time specified. ]t is expressly understood and
agreed by and between the Cant=actor and the
Owner, that the time for the completion of the
work described herein is a seasonable time for
the completion of same, taking into
consideration the ave=age climatic range and
usual conditions prevailing in this locality.
~t.O~
LIQUIDATED DAMAGES: If the said Cant=acta=
shall neglect, foil o= =.fuse to complete the
wo=k within the time he=ein specified o= any
p=ope=- extension the=eof g=anted by the Owne=,
then the Cant=acta= does he=.by ag=se, as a
part consideration for the awarding of this
Cant=act, to pay to the O~ner TWO HUNDRED FIFTY
DOLLARS It2BO.O0! FOR EACH CALENDAR, DAY, not as
penalty, but as liquidated damages for such
b=each of cant=act as he=einafte= set fo=th,
for each and eve=y calenda= day that the
Contractor shall be in default after time
stipulated in the Contract for completing the
work.
Sec. 00650
The said amount is fixed and agseed upon by and
between the Contsactos and O~nes because of the
impsacticability and extseme difficulty of
fixing and ascestaining the actual damages the
O~nes would in such event sustain, and said
amount shall be setained fsom time to time by
the C)~nes fsom cussent pestodtcal estimates.
It is fusthes agseed that time is of'the
essence of each and evesy postion of this
Contsact and of the Specifications whesein a
definite and cestain length of time is fixed
fas the pesfosmance of any act whatsoeves~ and
whese undes the Contsact an additional time is
allowed fas the completion of any wosk, the new
time limit fixed by such extension shall be of
the essence of this Con:sac:. ~gy~d~d~ that
the Contsactos shall not be chasged with
liquidated damages os any excess cost when the
Ownes detesmines that the Contsactos is without
fault and the Contsactos's seasons fas the time
extension ass acceptable to the C~nes~ Psovided
fusthe~a that the Contsactos shall not be
chasged with liquidated damages os any excess
cost when the delay in completion of the Wo=k
is due:
To any psefesence, pstostty os allocation
osdes duly issued by the Govesnment~
To unfoseseeable cause beyond the contsol
and without the fault os negligence of the
Con:sac:os, including but not sss:sic:ed
to, acts of God, os of the public enemy,
acts of the O~nes, acts of anothes
contsactos in the pesfosmance of a contsact
with the Ownes, rises, floods, epidemics,
quasantine sestsicttons, ststkes, fsetght
embasgoes, and sevese weathes: and
To any delays of subcont:actoss os
suppliess occasioned by any of the causes
specified in subsections (al and lb) of
this osticle~ Psovided fustb~ that the
Conttactos shall within ten (10) days f:om
the beginning of such delay, unless the
O~nes shall gsant a fusthes pestod of time
pstos to the date of final settlement of
the Con:sac:, notify the C~nes, in wstttng,
of the causes of the delay, who shall
ascestain the facts and extent of the delay
and notify the Contsactos within a
seasonable time of its decision in the
mattes·
Sec. 00650
5
Fe
Pa=agsaph 5.0~ - Pasttal Payments, is deleted in its
entisety and the following substituted thesefose:
"On o= befose the tenth of the month, Cont=acto~ shall
psepa~e and submit to Enginee~ fas appsoval a statement
showing os completely as p~acttcable total value of wosk
wosk done by Cont=actos up to the last day of psevtous
month; said statement shall also include the value of all
sound matestals delivesed and stosed on ~ob site of'the
wosk that ase to be fabstcated into the wo=k. Contsacto=
and inspectos shall have agseed to the quantities of wo=k
submitted on the estimate p=io= to this submittal.
"The O~nes shall then pay the Contsactos within 30
calendas days aftes secetving City Council Appsoval. The
amount paid shall be the total amount less five IS)
pescent of the amount if total p~oJect estimated cost
exceeds $~00,000 g~ ten I10~ percent of the amount If the
estimated p~o)ect cost is less than $~00,000, which
pe=cent ~etatned shall be held until final payment, and
fu~thes less all psevtous payments and all fu~thes sums
that may be ~etatned by the Owne~ undes the te~ms of this
agreement.
"It is undesstood, however, that in case the whole wosk
be nea~ to completion and some unexpected and unusual
delay occuss due to no fault os neglect on the pa:t of
Contsacto:, Owne: may---upon w:ttten secommendatton of
Enginee:---pay a seasonable and equitable postton of
:etained pe:centage to Cant:acta:, o: the Cant:acta: at
Owne:'s option, may be selteved of obligation to fully
complete the wo:k and, the:eupon, Cant:acta: shall
seceive payment of the balance due him unde: Cant:act sub-
)ect only to the conditions stated undes ~Fina! Payment' "
CONTRACT g~gGU~)ON AND IS~U&_NCE OF WORK ORD_gB
It ts the intention of the Owne= to nottfy Successful Bidde=
in w=ittng, within ninety 1901 days afte= :ecetving bids of
his acceptance of P:oposal. The Contsoctos shall complete
execution of the sequised Bonds and Contsact within ten I101
days of such notice. Upon completion of the execution of the
Cant:act Documents, the Owne= will Issue a "Notice to P:oceed
with Constsuctton".
1.6
STATE AND CITY SALES TAX
Contsactos's attention is di=ected to Sections 151.056
and 151.309 of Ve=non's Texas Codes Annotated, Tax Code,
as amended. These sections p=ovtde that all items used
os consumed by a Cant=acta= can be purchased fsee of
State and City sales tax when psoJect is being pe=fo=med
fas an exempt agency. Included a=e equipment sentals and
othe= items used by the Cant=acta=.
Sec. 00650
This cant:act is issued by an o=gantzation which quali-
fies fo= execptton pu=suant to the p=ovisions of A=t~cle
20.0~ (FI of the Texas Limited Sales, Excise and Use Tax.
The cant=acta= pe=fo=mtng this cant=act may pu=chase,
=ent o= lease all mate=isis, supplies, and equipment used
o= consumed tn the pe=fo=mance of this cant=act by
issuing to his supplte= an exemption ce=ttficate in lieu
of the tax, said exemption ce=ttfcate complying with
State Compt=olle='s =ultng No. 95-0.07. Any such
exemption ce=t~ficate issued by the cant=acta= in lieu of
the tax shall be subject to the p:ovis~ons of the State
Compt=olle='s :uling No. 95-0.09 as amended to be
effective Octobe= 2, 1968.
1.7
EXISTING STRUCTURES
The plans show the locations of all known su:face and sub-
su=face st=uctu=es believed to be involved in this p=oposed
const=uctton. Howeve=, the O~ne= assumes no =esponstbtltty
fo= fatlu=e to show any o= all of these st=uctu=es on the
plans, o= to show them in thei= exact location. It is
mutually ap=eed that such failu=e shall not be constde=ed
sufficient basis fo= claims fo= additional compensation fo=
ext:a wa:k, unless the obst=uction encounte=ed is such as to
necessitate changes in the lines o= g:ades, o: :equl=es the
building of special wa=k, p=ovtsions fo= which a=e not made
~n the plans and specifications, in which case the p=ovisions
in the Gene=al Conditions of Ag=eement fo: ext=a wo=k shall
apply.
AND RESTORATION OF PROPERTY
The Cant=acta= shall be =esponstble fo= the p=ese=vatton f:om
tn)u:y and damage, :esulttng dt=ectly o: tndt=ectly f=om the
execution of the wo:k unde= his cant=act, of all public and
p=ivate p=ope=ty ad)scent to the wo=k. He shall use eve=y
p=ecautton to p=event the damage o= dest=uction of buildings,
poles, t=ees, sh=ubbe=y and lawns. Also, unde=g=ound
st=uctu=es such as wi=es, cables, etc.~ w~th~n o= without the
wo=k a:ea. He shall p=otect and ca=efully p:ese=ve all
official su=vey monuments~ p=ope=ttes and section ma=ke=s o=
othe= simtla= ma=ke=s until an autho=1zed agent has witnessed
o= othe=wise =efe=enced thei: location and shall not =emove
them until di=ected.
Nhen o= whe=e di:ect o= tndi=ect damages o: tn)u=y is done to
public o= p=tvate p=ope=ty by o: on account of any act,
omJsston~ neglect o= misconduct in the execution of the
o= in consequences of the nonexecutton of same on the pa=t of
the Cant=acta=, such p=ope=ty shall be =esto=ed at the
Cont=acto='s expense to a condition simila= o= equal to that
existing befo=e such damage o= tn~u=y was done, he shall make
good such damage o= in)u=y in an acceptable manne:.
Sec. 00650
7
In case of failuce on the pact of the Contcactoc to testate
such pcopecty, ac make 9oDd such damage, o= tn)ucy, the
Engineec may upon twenty-fou= 12~) hou=s w=itten notice, p=o-
ceed to cepatc, cebutld ac othecwise cesto=e such p=ope=ty as
may be deemed necessacy and the cost theceof shall be
deducted foam any moneys due the Cant=acta= unde= the
Contcact.
1.9
REFERENCE SPE~]~]CATIONS
Refecence to ASTM, ac othecs os listed below, shall be
consideced as cefecctng to the Specifications ac Method of
Test as set focth by those va=taus ocgantzattons and shall be
consideced as pact of these Specifications when designated as
such. Abbcevtattons and meanings ace as follow:
A.S.A .......... Amecican Standa=ds Association
A.S.T.M ........ Amecican Society of Testtn9 Mate=lois
A.A.S.H.T.O .... Amectcan Association of State Highway &
Tcanspoctatton Officials
A.C.] .......... Amecican Conccete Institute
A.N.S .......... Amectcan Neld~ng Society
A.N.N.A ........ Amecican Natec No=ks Association
S.S.P.C ........ Steel Stcuctuces Painting Council~ Fedecal
Specifications Tceasu=y Depactment
Pcocucement Division, United States Govecnment
U.L ............ Undecwc~tecs Labocato=ies
N.E.M.A ........ National Electctcal Manufactuce=s Assoc~ation
N.P.C.F ........ Natec Pollution Conical Fedecatton
~.S.D.H.P.T .... Texas State Depactment of Highways and
ac T.H.D. Public Tcanspoctation
C.D.G.S ........ City of Dallas Gene=al Specifications
N.C.T.C.O.G .... Nocth Centcal Texas Council of Govecnments
1.10 SUBSURFACE ~ITIONS
Contcoctoc shall make his own investigation of subsu=face
conditions. No claims fac extca compensation due to unusual
soil conditions that ace found to exist w~]! be allowed.
1.11 SERVICE OF lUlANUFACTURER'S ~EPRESENTATIVE
The contcact p=tce fo= the pco)ect shall include the cost of
fucnishing competent and expe=tenced engtneecs DC supe=-
tntendents who shall cepcesent the manvfactu=e=s and shall
assist the Cont~ctoc, when cequiced~ to install, adjust and
test the equipment in confocmtty with the Contcact Documents.
Altec the equipment is placed in pe=rnanent opecatton by the
Ownec, such engineec ac supe=~ntendent shall make all adjust-
ments and tests =equiced by the Enginee= to p=ove that such
equipment is in p=ope= and satisfactocy opecating condition,
and shall tnst=uct the Ownec~s cepcesentatives in the
opecation and maintenance of such equipment o= system.
Sec. 00550
8
PLANS AM3 SP~CIFICAT]ONS A V A ]_ _L _A _B _I _L _] _~ _Y
The Enginee= will p=ovide the Cant=acta= with six (6l copies
of plans and specifications in addition to the Cant=act Sets
p=ovided fo= use on the p=o~ect. Additional copies may be
pu=chased by the Cant=acta= fo= the cost of painting.
Rep=oductb]es =equi=ed fo= as-but]ts will be paid fo= by the
Cant=acta=. Engtnee= will p=ovtde the o=tgina] d=aw[ngs to
the pain=e= fo= use in making =ep=oducib]es.
1.13 SUBCONTRACTORS
The name and add=ess of each supp]te=, manufactu=e= and
subcont=acto= which the Cant=acta= p=oposes to use on
under this cant=oct shall be submitted in waiting to the
Enginee= fo= app=oval.
~.1~ CONTRACTOR'S RESPONSIBILITY FOR UTILITIES AND ~ERVICES
The Cant=acta= shall make his own investigations and be fully
=esponsib]e fo= locating and taking ca=e not to damage any
gas, wa=e=, sewe=, o= telephone lines. The Cant=acta= shall
not begin any ope=arians which may tnte=fe=e with o= impai=
the no=ma1 se=vice being =ende=ed by public utility
ope=ato=s. The Cant=acta= wi]] be held =esponsible fo= the
p=otectton of the p=ope=ty o= se=vice of public utilities
within the limits of the Wo=k. ]n case that such physical
p=ope=ties conflict with the pe=fo=mance of the cant=act, it
shall be the Cont=acto='s =esponsibi]tty to anticipate such
conflicts and to give advance notice the=eof to the owne=s of
the utility.
The Cant=acta= will be =esponstble fo= any damages done by
him to any utility st=uctu=e whethe= owned by a public o=
p=ivate agency. Damage of whateve= no=uae to the existing
facilities shall be =epat=ed immediately at the Cont=acto='s
own expense, to the satisfaction of the Engtnee=.
Cant=acta= shall be =esponstb]e fo= the =elocation of any
wate=, sewe=, gas, telephone o= othe= utility which
inte=fe=es with the pe=fo=mance of the cant=act. No ex=aa
claims fo= compensation wi]] be allowed fo= any utility
=elocation, unless app=oved in waiting by Enginee=, p=io= to
=elocatton.
1.15 t4ANt~.FACTURER'S D]R~G]]__OI~_
All manufactu=ed a=ticles, mate=ia]s and equipment shall be
applied, installed, connected, e=ected and used as dt=ected
by the manufactu=e=s, unless he=etn specified to the
cant=may. Cant=acta= shall fu=nish copies of all painted
dt=ections with the mate=iai, as pa=t of "shop d=awtng"
submittals.
Sec. 00650
9
The Cant=actor shall provide at his own expense field toilets
for the use of the employees and cant=actor forces. The
facilities shall conform to the requirements of the Texas
State Health Department and those of any other agencies
having ~urisdiction herewith. The field toilets shall be
cleaned and scrubbed with a disinfectant at least once. per
day, and shall be located in on area approved by Engineer.
1.17 GUARANTEE OF MORK
All work shall be guaranteed against defects resulting from
the use of inferior materials, equipment or workmanship for
one yea~ from date of final completion and written acceptance
of the pro~ect.
1.18 FINAL INSPECTION
Mhen the work is completed, the Contractor shall notify the
O~ner in writing on which date he will be ready fo= final
test and inspection. Notice shall be given seven I?l days in
advance and verified by telephone twenty-four (2~1 hours
prior to the time set for inspection. After the O~ner and
Enginee~ are completely satisfied with the wa=k, the Engineer
shall make final measurements of all items and approve final
estimate and advise the O~ne= to make final payment to the
Contractor. Refer to Division 1 for further instructions.
1.19 PERNITS AND LICENSES
All pe~rnits and licenses of a temporary nature necessary for
the prosecution of the work shall be secured and paid for by
the Contractor.
~9_..ND_I!~=_Of~_:B~QUIRE~NT FOR CERTIFICATION OF NON-~QB~GATED
FACILITIES
Bidders are cautioned as follows: By signing the Contract
for which these bids are solicited, the bidder will be deemed
to have signed and agreed to the provisions of the
"Certificate of Non-segregated Facilities" os contained in
the Specifications for this prolect.
1.21 TESTING
All =equtred testing will be paid for by the City of Coppel].
Any =etesting required will be at the expense of the
Contractor. Testing requested by the Contractor for his own
use to ascertain whether or not complying with the
Specifications will be paid for by the Contractor.
Sec. 00650
10
1.22 CC)ORDINAT]OI~,I WZTH TH~_RAILROAD
The Contractor shall be responsible for all construction
coordination with the railroad, if involved, including
securing ps=mits, right-of-way entry form, insurance
requirements, and notification to the railroad as work begins.
2.23 SEQUENCE OF CONSTRUCTION
The following sequence is a "suggested" sequence of construc-
tion only. It is provided to give Cant=actor a guideline in
the progression of proposed wa=k; and is gene=al in nature,
not specific. Contractor shall submit his own sequence of
construction for review, by the Engineer, prior to any work
being started.
In preparing the sequence of construction, the following
salient features shall be considered.
Work hours, Monday thru Friday, shall be not earlier than
8:00 a.m., nor later than 6:00 p.m. On Saturday, if
p=tor approval of the Engineer t5 provided, the hours of
operation shall be between 9:00 a.m. and ~:00 p.m. No
work will be performed on Sunday.
Adequate barricades, stgns, flagmen, etc., shall be
provided to insure safe publlc travel at all times
throughout pro~ect and shall be subsidiary to the wo=k.
Work shall be done in such a manner as may be necessary
to maintain detours, drives and public access at all
times in passable condition to accommodate public travel.
~empo=ary approaches, drives to individual residences and
street intersections shall be provtded and maintained in
a safe and passable condition by Contractor at his entire
expense and shall not be measured o= paid fo= separately.
Safety of the public and convenience of traffic shall be
regarded as of prime importance. Unless otherwise shown
on plans or except as herein provided, all portions of
street shall be kept open to traffic. It shall be the
enti~e responsibility of Cant=acta= to provide fo= traffic
along and across the st=eet as well as fo= ingress and
egress to private property. If at any time, ingress and
egress to private property cannot be maintained,
Contractor shall notify Owner and Engineer, so that all
interested parttes may be contacted.
Contractor shall plan and execute operations in a manner
that will cause minimum interference with traffic. If at
any time during construction the approved plan does not
accomplish the intended purpose, due to weather o= other
conditions affecting safe handling of traffic, Oontractor
shall Immediately make necessary changes therein to
correct the unsatisfactory conditions.
Sec. 00650
11
Be
10.
]f due to =ains os othe= seasons, the shouIde=s, slopes
and ditches become unsattsCacto=y fo= handling t=affic,
const=uction ope=arians shall be suspended and the base
cou=se os su=face asea shall be opened to t=offtc.
the specifications =equi=e os the Enginee= di=ects that
traffic be ca=sled ave= or along the p=oposed
const=uction ope=ations shall be so prosecuted and new
mate=iai kept so placed and sp=ead as to allow the
passage of t=afftc in comfo=t and safety. No additional
compensation will be allowed.
Du=lng const=uction of p=oposed st=uctu=es, unless
othe=wise shown on plans, the Cant=acta= shall p=ovide
and maintain detou=s including tempo=a=y st=acta=es or
crossove=s of adequate st=acta=al design as may be
=equt=ed for the safety and convenience of the traffic.
The cost of const=ucting such tempo=a=y detours will not
be paid fo= sepa=ately.
At night os othe=wise, ali equipment not in use shall be
sto=ed in such manna= and at such locations as not to
tnte=fe=e with the safe passage of t=afftc. The
Cant=acta= shal! p=ovide and maintain flagge=s at such
points and fo= such pa=tads of time as may be =equt=ed to
provide fo= the safety and convenience of public travel
and Cont=acto='s pe=sonnel, and as di=ected by the
Enginee=. Flagge=s shall be English speaking, cou=teous,
well info=med, physically and mentally able to
effectually perfo=m thei= duties in safegua=dtng and
dt=ecting t=affic and p=otecting the wa=k, and shall be
neatly attired and g=oomed at all times when on duty.
When di=ecttng t=afftc, f]agge=s shall use standard
atti=e, flags and signals and follow the flagging
p=ocedu=es set forth in The Texas Manual on Untfo=m
T=affic Cant=o] Devices fo= St=eats and Highways.
If, in the opinion of the Enginee=, the above
=equi=ements a=e not complied with, the Enginee= may do
such wo=k as he may conside= necessa=y; howeve=, this
shall not change the legal =esponsibilittes set fo=th in
this item. The expense fo= such wo=k will be bo=ne by
the Contracto= and the cost thereof shall be deducted
f=om any money due the Cant=acta= os to bec~me due to the
Cant=acta=.
The Cant=acta= shall have the sole =esponsibiltty fo=
p=oviding, Installing, moving, =eplacing, maintaining,
cleaning and =emoving upon completion of wa=k, all
ba==icades, wa=nlng signs, baa=ia=s, cones, lights,
signals and othe= such type devices and of handling
traffic os indicated in the plans os as dt=ected by the
Engtnee=. All ba==tcades, wa=ntng signs, baa=ia=s,
cones, lights, signals and othe= such type devices shall
confo=m to details indicated in the TMUTCD.
Sec. 00650
Cont~acto~ may p~ovide special signs not cove~ed by plans
to p~otect t~ave]tng public against special conditions os
hazards, p~ovided however, that such signs a:e first
app:oved by the Engtnee:.
Upon completion of ~o~k, all barricades, ~a~ntng signs,
bat:lets, cones, lights, signals and othe: such type
devices and evidence thereof shall be :emoved by the
Cont~acto:.
Sec. 00650
SUGGESTED CONSTRUCTION SEOUENCE:
TRAFFIC:
Provide access
ingress/egress.
at all times to drives to accommodate
Provide adequate signs, barricades, etc.
public
CONSTRUCTION:
Begin at approximate Station 14+47 with construction of 10"
and continue to end.
Provide fire hydrant assemblies as shown.
indicated.
Provide asphalt pavement repair as required.
Clean up.
main
Construct services as
Sec. 00650
14
TEXAS STATE DEPARTHENT OF HIGHWAYS AND PUB~]~_TRANSPORTAT]ON
SPEC]FICAT]ONS& NORT~_~B~__~_~g__U~_]~_OF GOVERNNENTS
SPEC]F]CAT]ONS
This p=o~ect is to be const=ucted in acco=dance with the
cant=act documents, these specifications, const=uction plans
ond the Texas State Depa=tment of Highways and Public
T=anspo=tation Standa=d Specifications fo= Const=uctJon of
Highways, St=eats and B=~dges~ Septembe= 3, 3~82 edition,
Pa=t ]], Construction Details, and as amended he=ein, and
the No=th Cent=a] Texas Counci! of Gove=nments Standa=d
Specifications fo= Pub]ic Wa=ks Const=uct~on, Fi=st Edition,
Pa=ts Il and III, Nate=ials and Const=uction Methods, and as
amended he=ein. Said Standa=d Specifications las amended)
o=e a pa=t of the Cant=act Documents.
Pa=ts ] and ]1! of the above Standa=d Highway Specifications
and Po=t ] of No=th Cent=o] Texas Council of Gove=nments
Specifications a=e he=eby deleted ~nd ~ep]aced with DJvlsJon
0 - BiddJng and Cant=act Requi=ements of these documents.
If conflicts of the Standa=d Specifications should occu=, the
~exas State Depa=tment of Highways and Public T=anspo=tation
Specifications shall gove=n.
3.25 GENERAL NOTES
3. Cant=acta= shall plan his wo=k sequence in a monna= that
wi]! cause minimum tnte=fe=ence with t=affic du=ing const=uc-
tion ope=arian. Access to facilities must be maintained at
ali times th=oughout the du=ation of const=uction. Befo=e
beginning wo=k on the p=o~ect, Cant=acta= shall submit fo=
app=oval by the Enginee= a ?lan of Const=uctioD_~g~g~gD§~
which may va=y in detail but shall meet specific =equi=ements
set fo=th in Const=uction Sequence, Special Condition ~.~3 of
these cant=act documents.
Sec. 00~50
1S
2. If, at any time du=tng const=uction, the Cont:acto='s
p=oposed plan of ope=arian fo: handling t=affic does not
p=ovtde fo= safe and comfo=table movement, Cant=acta= shall
change his ope=arian to the extent necessa:y to co=aec:
unsatisfacto=y conditions. Any maJo= co=:ection must be
app=oved in waiting by the Engtnee=.
3. Refe=ence is given to Pa=t VI, "T=afftc Cant:als fo=
St=eet and Highway Cons:auction and Maintenance Ope=arians"
of "Manual on Untfo=m T=afftc Cant=al Devices" and shall be
adhe=ed to th=oughout the du=atton of this p=o)ect.
"Const=uction Ahead" and "End Cons:auction" signs, with the
ba::tcades shall be installed at the beginning and end of the
p:o)ect. P=ope= signage indicating "De:au= Ahead," etc.,
shall be installed whe:eve: applicable unde= the guidelines
established pea the =efe=ence noted above in this pa=ag=apb.
These signs shall be conside=ed incidental wo=k and will not
be paid fo: as a sepa=ate pay item.
Polo= to sta=t of cons:auction, it is the :esponsibility
of Cant:acta= to dete=mine ho:izontal and ve=tical location
of all utilities, whethe= o= not shown on the plans.
ve:ttcal locations shall be tied to p:oJect bench ma=ks.
Cant=acta= shall also become familia= with any p=oposed
ad)ustments to be made by the utility owne:s and extend full
coope=ation. Unde= no ci=cumstances will a claim fo= ex:oas,
due to delay caused by va=taus utility companies be allowed.
5. Any costs =esulttng f:om Cant:acta: damages to utilities
shall be the =esponstbiltty of the Cant=acta:.
6. All wa:e= and sanita=y sewe: facilities that may
inte=fe:e with const:uction shall be :elocated and ad~usted
by the Cant=acta: with the Enginee='s app:oval.
T. The Cant=acta= shall notify the Enginee= p=to=
cons:auction of d=ainage facilities and paving.
to any
8. In the adoption of the Texas State Depa=tment of Highways
and Public T=anspo=tatton Standa:d Specifications and the
No=th Cent=al Texas Council of Gove=nments Standa=d
Specifications, it is unde=stood that any =efe=ence mode to
the Texas State Depa:tment of Highways and Public
T:anspo:tation o: No:th Cent=al Texas Council of Gove:nments
shall be taken to include the City of Coppell, as applicable.
9. The items unde: which payment is to be made a=e as listed
in the Bid p:oposal foam. Any :efe=ence to othe: items in
the standa=d specifications os pay items is he=eby deleted.
Only the p=ovisions fo: const=uction =equi=ements of such
items ate to be complied with.
END OF SECTION
Sec. 00450
}[~T]ON 07000 - STANDARD SPECIFICATIONS
t.1 GENERAL:
Ae
All specifications applicable to this project are identified
as follows:
STANDARD SPECIFICATIONS: The 1982 Edition of the Texas State
Deportment of Highways and Public Transportation Standard
Specifications for Construction of Highways, Streets and Bridges
as adopted by the State Department of Highways and Public
Transportation, September 1, 1982, Part II, Construction Details.
B. The following items are specifically hereby included:
ITEM NO.
DESCRIPTION
100
102
132
248
300
340
401
465
470
kT1
472
473
475
481
582
Preparing Right-of-Nay
Clearing and Grubbing
Embankment
Furnishing and Placing Topsoil
Flexible Base
Asphalt, Oils, Emulsions
Hot Mix Asphaltic Concrete Pavement ICl.AD
Excavation and Backfill for Sewers
Pipe Sewers
Manholes & Inlets
Frames, Grates, Rings & Covers
Relaying Culvert Pipe
Laying Culvert Pipe
Headwalls, Ningwalls, Inlets & Manholes
Ad)usting Manholes & Inlets
PVC Pipe
Mater Mains & Drains
C. In addition to the above Standard Specifications, the 1983
First Edition of the North Central Texas Council of Governments
Standard Specifications for Public Norks Construction, Part Il,
Materials, and Part Ill, Construction Methods, where not in
conflict with the Highway department Standards, shall be
applicable to this pro)ect. If a conflict should occur, the
Highway Department Specifications shall' govern.
Sec. 07000
1
;~CT/ON 00750 - TECHN]CAL SPECIFICAI]_O~_~
TECHN]CAL SPECIFICATIONS
WATER L[NES
1.1 Gene=al
1.2 Desc=tptton of Wo=k
1.3 Nate~ials
Const=uction Methods
1.S Clean-Up
1.6 Testing
1.7 Disinfection
1.8 Heasu=ement
1.9 Payment
1.1 GENERAL
A. The following Technical Specifications shall
p=ecedence ave= the afo=ementloned Standa=d
wheneve= they a=e in conflict.
gove=n and toke
Specifications
B. Mention he=etn o= indication on the d=awtngs of items,
mate=tals, ope=attons o= methods, =equt=es that the Cant=acta=
p=ovlde and/o= install each item mentioned o= indicated of
quality o= subject to qualification noted; pa=foam acco=ding to
conditions stated each ope=arian p=esc=tbed; and p=ovide
necessa=y labo=~ equipment, supplies and incidentals.
C. Requt=ements of the Gene=al Conditions, Special Conditions
and Addenda, if issued, shall apply as if he=ein w=itten.
D. Sepa=atlon of these specifications 1nra sections is fo=
convenience only and is not intended to establish limtts of wo=k.
1.2
DESCRIPTION.
This item shall gove=n fo= all mate=tals and wo=k necessa=y fo=
fu=ntshtng and installing all ware= mains of the type specified,
and any and all dlst=tbutton lines as shown on the plans,
including all clea=tng g=ubbing, excavation, sheeting, shaming,
dewate=ing~ pipe laying, Jotnting~ testing, backftlllng~ and any
othez wo=k that is =equi=ed o= necessa=y to complete the
installation as shown on the plans and as specified he=ein.
The cant=acta= shall be =esponsib]e fo= all mate=lals fu=nished
to him by his mate=ia] supplie=s and shall =eplace at his expense
all such mate=ia]s that a=e found to be defective in manufactu=e
o= that a=e damaged in handling.
The cant=acta= shall instal] piping to meet all applicable sion-
da=ds. The cont~acto= shall p=ovide manufactu=e=~s ce=ttfjcate
that mate=lois meet o= exceed minimum =equt=ements as he=einafte=
specified.
Sec. 00750
MATERIALS. Each water main or dist=ibution line shall be
installed using the materials designated on the plans and as
specified herein. All materials shall be new and meet the
following minimum specifications:
A. PIPE.
POLYVINYL CHLORIDE WATER PIPE AND FITTINGS IPVCl.
a. Unless otherwise specified on the plans, 1/2 inch PVC
pipe shall be Class 315, 3/4 inch or larger PVC shall be
Class 200. All thermoplastic PVC pipe shall fulfill the
requirements of ASTM D2241, Class 200, DR 14.
b. Where
sha]] be
1785.
specified on the plans, Schedu]e 40 PVC pipe
PVC Il20 and shal] meet requirements of ASTM D
c. PVC, DR 14, shall meet or exceed requirements of
AWWA C-900~ latest revision, with cast iron outside
dimensions and with rubber ring bell lotnt which shall be
an integral and homogeneous part of the pipe barrel
conforming to ASTM D 3139, latest revision. Rubber
gaskets shall conform to ASTM F 477.
d. PVC water pipe shall be listed by Underwrite=
Laboratories and approved for use in cities and towns of
Texas by the State Board of Insurance.
e. The rigid PVC pipe shall bear the seal of approval
lox "NSF" ma~kl of the National Sanitation Foundation
Testing Laboratory for potable water pipe.
f. Pipe shall be made from NSF approved Class 12454-A or
B PVC compound conforming to ASTM O 1784 resin
specification.
CAST IRON PIPE AND DUCTILE IRON PIPE WATER MAIN AND
FITTINGS lC.I.P. IID.I.P. I
a. Unless otherwise specifically shown on the plans, or
approved in writing, shall conform to ANSI A 21.6 (AWWA
CIO6, latest revisionl, 200 psi working pressure, and
shall be centrifugal cast pipe of rubber gasket type
~oint, furnished in ~6' or lB' nominal laying lengths.
All such pipe shall bear a mark denoting approval by the
Underwriters Laboratories.
b. Cast iron pipe under these specifications shall have
a tensile strength of 2~,000 lbs. per square inch and
45,000 lbs. per square inch modulus of rupture. All such
pipe sha]] be manufactured in acco=dance with ANSI
"Manual for Thickness Design of' Cast Iron Pipe", and
shall be designed for 200 lbs. water working pressure, 8
feet of cover, and f~e]d condition B.
Sec. 00750
c.. Ductile t:on pipe shall be manufactu:ed f:om metal
having a minimum tensile st=ength of 60,000 lbs. pe=
squa=e inch, a minimum yield st=ength of ~0,000 lbs. pe=
squa=e inch and a minimum elongation of 18 pe=cent
(60-W0-181, and shall meet all =equi=ements of AWWA
Specification C150 and C151, latest =evision, Class 51.
d. Joints fo= cast i=on o= ductile i=on pipe shall 'be:
I1) Push-on )otnt with =ubbe= gasket confo=ming to
ANSI A21.11 (AWNA Cl11) of latest =evision, o=
12l Hechanical )oint confo=ming to ANSI A21.111ANNA
C111) of latest =evision, o=
{31 Bell and spigot joints confo=ming to ANSI A21.6
IANNA C106}, of latest =evision, o=
Flanged )oint confo=ming to ANSI/ANNA
Cl10/A21.10, 250 psi wa=king p=essu=e.
ee
Fittings fo= cast i=on o= ductile t=on pipe shall be
=ated fo= a minimum of 2S0 psi wa=king p=essu=e and
shall be:
Ill Nechanical ~oint fittings confo=ming to ANSI
A21.11 (AWWA C111), of latest =evision, o=
(21 Bell and spigot fittings~ confo=ming to ANSI
A21.10 (ANNA C110l, of latest =evision.
13! Flanged fittings, 250 psi
confo=ming to ANSI A21.10 [AWWA -
=ing gaskets.
wo=king p=essu=e,
Cl101, with =ubbe=
f. All ductile i=on pipe shall have a standa:d
thickness of cement mo=ta= lining as specified in ANSI
A21.~, latest =evision IAWWA C10~), except fo= flanged
pipe, which will =eceive an inside ta= coating in place
of the cement mo=ta= lining.
g. All ductile i=on pipe, valves, and fittings shal] be
coated on the outside with hot dipped coal to= va=nish
confo=ming to Fede=a] Specification WW-P-~21 o=, in lieu
of coal ta~ coating, polyethylene encasement may be used
fo= ductile ~=on pipe in acco=dance with ANSI/AWWA C 105/
A 21.5 latest =evision. The film shall have a minimum
nominal thickness of 0.008 inches (8 mi]s.).
Bolts and nuts fo= mechanical ~oints o= flanged ends
shall be of a high-st=ength low-alloy
co==osion-=esistant steel and shall confo=m to ASTN
Designation A 325 IType 31.
Sec. 00750
3
VALVES
GENERAL: This item shall include fu=nishing of
lobo=, mote=iols and equipment fo= dist=ibution systems in
acco=dance with cant=oct d=owings and these specifications.
2. SUBMITTALS
a. Catalog Data:
i]lust=otions.
Submlt manufoctu=e='s ]ite=otu=e and
b. Weights: Statement of
size of valve fu=nished.
net assembled weight of each
c. Shop D=awings of Valve and Ope=oto=s.
Dimensions
Const=uc tion details
Mate=lois
d. Installation lnst=uctions:
installation inst=uctions.
Complete monvfoctv=e='s
e. Maintenance Data:
Maintenance Jnst=uctions
Po=ts lists
f. Ce=tJficotes: Submit monufactu=e='s ce=tificotion
that valves and accesso=ies meet o= exceed specification
=equJ=ements.
3. PRODUCT DELIVERY, STORAGE, AND HANDLING
a. P=epa=e valves and occesso=Jes fo= shipment acco=ding
to AWWA C500 and:
I1) Seal valve ends to p=event ent=y of foreign
matte= into valve body.
12) Box, c=ote, completely enclose, and p=otect
valves and occesso=ies foam accumulations of fo=eign
matte=.
b. Store valves and accessories in oreo protected
weothe=, moistu=e, o= poss~ble damage.
from
c. Do not sto=e mate=lois di=ectly on g=ound.
d. Handle items to p=event damage
exte=io= su=foces.
to inte=io= o=
Sec. 00750
GATE VALVES II. ins 12" Diametex ox lessl
a. Gate valves shal! be Naterous, Mueller, or approved
equal, xestltent wedge valves with 'xed epoxy coated body,
non-xtsing stem, AWWA C500, latest xevision. Valves
shall be of equal, ox gxeatex, pxessuxe class than the
piping in which they axe to be installed. Equipped with
=0" xing seals at top of stem, and 2= squaxe opexating
nut. Valves shall open by tuxning countex-clockwise.
b. Valve boxes shall be cast ixon and shall be of
sufficient length and diametex to opexate all valves
buxted in the gxound. Covexs shall be maxked #Ns=ex.'
The boxes shall xest on the valve and be ad)us=ed so that
the corex may be set flush with finished gxade.
S. VALVE BOXES
a. Valve boxes, shall be three piece, scxew type, 5-1/a'
shaft. Contractor shall supply boxes with the corxect
base fox all valves and in coxxect lengths fox field
conditions. Specia] valve boxes sha]l be constxucted as
shown on the plans.
6. BLO~-OFF VALVES
Blow-off va]yes shall be p]aced on all dead end lines or
as directed by the Engineer. Valves shall be 2", 350
lbs. pex squaxe inch standaxd ANNA C500.
7. AIR VALVES
Atx valves shall be installed at the high points of the
lines as dixected by the Engineer and shall be two inch,
Cxisptn Univexsa] as manufactuxed by Mu]tip]ex
Manufacturing Company, Bexwick, Pennsylvania, ox appxoved
equal.
C. MISCELLANEOUS ITEHS
1. FIRE HYDRANTS
Ftxe hydxants shall be of the centex stem compression
type constxuction with bxeak away flanges as manufactuxed
by Natexous Co., South St. Paul, Minnesota ox Mue]]ex
Company and have a minimum valve opening of 5-1/~". The
hydxants shall meet oil the requirements of ANNA
Specification C502 and shall be equipped as follows: Two
hose nozz]es 12-1/2"1~ one pumpex nozz]e 14 1/2'
steamerl~ packing I'O" xtng}~ ]n]et connection 16' mech.
Jt.l~ gxound]ine to centexltne hose nozzles 118"i. The
contxactox shall fuxntsh fox approval of the Engineex,
specifications and shop dxawtngs of the hydxants pxoposed
for installation in the system. Hydxants must meet the
150 lbs. psi woxking pxessuxe and 300 psi hydxostattc
pxessuxe.
Sec. 00750
5
2. VALVE OPERATING WRENCH
Cant=acta= sha]l supply two operating w=enches
sufficient length to p=ope=]y ope=ate the valves.
3. CONCRETE
of
Shall develop a comp=essive st=ength of
square inch at twenty-eight 128) days,
othe=wise on the plans.
COPPER WIRE
3,000 pounds pe=
unless indicated
Coppe= wi=e fo= use with plastic IPVC) pipe shall be No.
single st=and plastic coated.
5. COPPER SERVICE PIPE
Coppe= se=vice pipe shall
Gove=nment Specifications
Specifications B88-62.
POLYETHYLENE SERVICE PIPE
be Type
WWT
K and sba1] meet
799A and ASTM
Polyethylene se=vice pipe shal] be Class
confo=m to Comme=cial Standa=ds PE3306
mate=ia] made to SDR-9 dimensions.
7. CASING PIPE
160 and shall
fo= Type 2
Casing shall be as specified on the d=awings.
8. GROUT
O=ovt used fo= filling voids between the casing pipe and
the su==ounding soil on bo=Jngs shall be a cement-based,
non-metallic, non-sh=tnk pe=fo=mance. G:out to be Five
Sta= Special G=out llO-PG as manufactu=ed by U.S. G=out
Co=po=ation, Fat=field, Connecticut, o= an app=oved
equal. All g=out must be p=epackaged, Dg~ field
p=opo:tioned.
CONSTRUCTION METHODS
lhe wo=k to be pe=fo=med unde= this section shall include all
labo=~ mate=ials~ equipment~ t=anspo=tation~ all excavation,
installation, and o1] backfill, testing and facilities neces-
sa=y fo= p=ope= installation of all wate= lines and dist=ibu-
tion lines as shown on the plans, and/o= as he=ein specified.
The wo=k unde= this section shall also consist of
necesso=y =eIocations of utilities and =esto=ation of st=eet
su=faces, pa=kways, all utilities, d=iveways, sidewalks, etc.,
to conditions existing p=io: to the sta=t of const=uction.
Sec. 00750
Ce
All lines shall be constructed from the utility mains, shown
on the drawings or designated by the utility company and
connecting to utility service lines. The contractor shall be
responsible to check all elevations of inverts of existing
pipes before construction of lines or mains.
Utility extension, rerouting and connection costs shall be
paid and arranged for by contractor. All costs involved in
extending, re=outing and connecting the utilities whether or
not part of the work must necessarily be performed by the
various utility company crews shall be paid by this
contractor. Any charges for connections to mains, valving,
extending to curb, property line or building, furnishing
equipment, etc., shall be paid for as a part of the work of
this section. Regardless of whether the Owner may have to
sign with the utility company for any or all of these
services, the contractor shall include in his bid all fees,
city inspection charges, permit charges, work charges, etc.,
and shall be ready to deposit with the utility company said
fees when required at time of Owner's signing for same.
E. Existing Site Conditions:
Existing Utilities: Locations and sizes of existing
utilities as shown on the drawings are based on the best
available information and may not be entirely correct.
Exact location, depth and size must be verified by the
contractor in the field. Additional compensation will
not be allowed if damage to the utilities results because
of minor discrepancies between locations shown on the
drawings and actual field locations. Relocation of
utilities in place sh~ll be done whether or not such
is specifically shown on the drawings.
Any existing utilities that may be shown on the drawings
o= the location of which is mode known to the contractor
prior to excavation sha)] be protected from damage during
the excavation and bockft]]tng of trenches and, if
damaged, shall be repaired by the contractor at his
expense.
Any existing uti]ity that is not shown on the drawings o=
the location of which ore not known to the contractor in
sufficient time to ovoid damage, if inadve=tent)y damaged
during excavation, sha]l be immediately repaired by the
contractor due to the existence of uti]ities that ore not
shown on the drawings or the location of which is not
known to the contractor at the time of bidding.
Any existing uti]ity ]fnes and services sho]] be main-
tained at o]] times, except for such short periods of
time as may be necessary to actuo]ly make connectiosn to
new work to the existing system· When it is necessary to
temporori]y interrupt service for the above purpose~ such
shol] be done only at such dote and time as may be
Sec. 00?50
?
Fe
established in advance by the Enginee:. Those lines
shown on the d=awings to be abandoned o: =emoved shall
not be abandoned o= :emoved until afte: it has been
dete=mined that they a:e no longe= =equi:ed fo= se=vice
and until such action has been app:oved by the Owne: and
the Enginee:.
LINES, GRADES, STAKES AND TENPLATES
The Cant:acta: shall, at his own expense, fu:nish
stakes, templates, porte=ns, p]atfo:ms and labo=,
including a pe:son qualified to ]ay out all of the wo=k.
]'he Engine.= will fu=nish, upon :equest
Cant:acta:, limit mo:ks and bench ma=ks
necessa=y fo= the execution of the wo:k.
f:om the
=easonab]y
It shall be the Cont:octo='s :esponsibility to p=otect
these limit ma:ks and bench ma:ks set by the Engine.:.
Should the ma:ks become dest:oyed o: damaged, the cost of
thei= =eplacement will be at the Cont:acto='s expense.
The Enginee= may fv:nish a :ep=esentative to check
alignment and g=ade, afte= it has been ]aid out =eody fo=
const=uction~ howeve=, this will in no way lessen the
:esponsibi]ity of the Cant:acta: to see that g=ade and
alignment ate co::ect at all times.
The lines and g:ade of the ware: lines, as well os the
location of manholes, wyes, and all othe= appu=tenances,
will be as shown on the plans o= as di=ected by the
Enginee:.
The Engine.= =ese:vas the =ight to indicate which wot.:
lines wi]] =eceive p=io=ity in const:uction. The wo=k
will, in gene:al, be f:om the ]owe: end of the system
towo=d the uppe= end of the system·
e
The Cant=acta= sho]] give the Enginee= a minimum of
fo:ty-eight 1~8! hou:s notice fo= any enginee:ing
inspection necessa=y to continue o= complete the
No deviation sho]l be made f:om the =equi:ed line
g:ode without w:itten app:ovo] f:om the Engine.:.
G. INGRESS AND EGRESS
The =ight of lng=ess and eg:ess to =ight-of-woy fv:nished by
Own.= shal] be ]imited to points whe:e such :ight-of-way
inte=sects public =oods. Pe:mission fo: use of othe: access
to ~ob site sho]] be obtained by Cant:acta: at Cont=octo:'s
expense.
Sec. 00750
8
H. EXCAVATION
The Cant=acta= shall pe=fo=m all excavation that may be
=equi=ed fo= the installation of any and all pa=ts of
this section.
The excavation of the t=ench shall not advance mo=e than
200 feet ahead of the completed pipe wo=k except whe=e,
in the opinion of the Enginee=, it is necessa=y to d=oin
wet g=ound, o= fo= othe= =.aeons as app=oved by the
Engine.=.
All excavations shall be mode by open cut except as shown
on the plans. The sides of the t=ench shall be kept os
neo=ly ye=rico! as possible, especially f=om the t=ench
floo= to o level on one Il) foot above the top of the
pipe. T=ench bottoms shall not be less than 12 inches
wide= no= mo=e than 16 inches wide= than the outside
diomete= of the pipe laid the=.in, and shall be excavated
t=ue to line, so that cleo= space of not less than
inches no= mo=e than 8 inches in width is p=ovided on
each side of the pipe. The bottom of t=enches shall be
accu=ate]y goaded to p=ovide unifo=m bea=ing and suppo=t
fo= each section of pipe o= undistu=bed soil at eve=y
point along its enti=e length, except fo= positions of
the pipe sections whe=e it is necesso=y to excavate
be]] holes. Be]l holes shal) be excavated on)y to an
extent sufficient to pe=mJt accu=ote wo=k in the making
of the ~oints and to insu=e that the pipe, fo= a maximum
of its length, will =est upon the p=epa=ed bottom of the
t=ench. The bottom of all t=enches shall be =ovnded so
that at )east one-fou=th 11/~) of the ci=cumfe=ence of
the pipe =ests fi=mly on undistu=bed soil. If the
Cant=acta= should, by e==o=, excavate below the
elevation fo= the bed of the pipe o= should he dest=e to
substitute an app=oved g=onula= backfill, p=ope=ly
tamped, fo= suppo=ting the pipe to the same extent os the
shape t=ench bottom, then the Cant=acta= must b=ing the
t=ench bottom to the p=ope= g=ode by =efilltng, at the
Cont=acto='s expense, with an opp=oved g=anula= backfill.
This backfill mote=iol shol! be sand o~ fin~_g~ovel that
does not contain la=ge =acks o= othe= delete=ious
mate=ials and should be placed so that it is at least 2
inches deep below the bottom and so that the lowe=
one-thi=d 11/3} of the pipe is unifo=m]y suppo=ted on
undistu=bed soil.
Sec.. 00750
All excavation shall be placed on one side of the t=ench,
un]ess pe=mission is given by the Engtnee= to place it on
both sides. Excavated mate=ials shall be placed so as
not to endange= the wa=k, and so that f=ee access may be
had at all times to all pa=ts of the t=ench. All shade
t~ees, shrubs, etc., along the line of const=uction shall
=easonab]y p~otected, and tunneled if necessary unless
specific dj=actions o=e given to =emove them.
The Cant=acta: shall p:ovide, without additional
compensation, suitable tempo:o:y channels fo= the ware:
that may flow along o= ac=ass the site of the wo=k. Any
wore= pumped f=om the t=enches, o~ othe~ excavations,
must be disposed of in o manne= satisfocto=y to the
Enginee=.
BRACING AND SHORING
The Cant=acta= sba]l, when necesso=y o= when di=ected by
the Enginee=, fv=nish, put in place, and maintain oil
without additional compensation, such sheeting, b=ocing,
etc., os may be =equi=ed to suppo=t the sides of the
excavation and to p=event any movement which con in any
way damage adjacent pavement o= othe= st=uctu=es, damage
o= delay the wo=k o= const=uction, o= endonge= life and
health. Ca=e sha]] be token to p=event voids outside the
sheeting, but, if voids o~e fo=mad, they shall be
immediately filled and =ommed to the satisfaction of the
Enginee=.
Fo= the pu=pose of p=eventing in~u=y to pe=sons,
co=po=arians o= p=ope=ty, whethe= public o= p=ivate,
Iwhe=e the liability fo= damage on account of which is to
be assumed entt=ely and solely by the Cant=acta= unde=
this cont=actl he may a]so leave in p]oce, to be embedded
in the backfill of the t=ench any and all sheeting,
b=ocing, etc., in addition to that o=de=ed in w=iting by
the Enginee= to be left in place, except that no sheeting
and b=ocing which is within ~ feet of the su=foce of the
st=eet may be left in place in the t=ench without w=itten
pe=mission of the Enginee=.
All sheeting and b=acing may not be ]eft in place unde=
the fo=egoing ware= main of othe= st=uctu=es, uti]ities
o= p=ope=ty, whethe= public o~ p~ivate. A)I voids ]eft
by the withd=owal of sheeting shall be immediately
=efilled and compacted by =amming o= ware=, o= othe=wise,
os may be dt=ected.
Sec. 00750
10
The =ight of the Enginee= to o=de= sheeting and b=acing
]eft in place shall not be const=ued as c=eating an
obligation on his pa=t to issue such o=de=sl and his
failu=e to exe=cise his =ight to do so shall not :elieve
the Cant=acta= f=om liability o= damages to pa=sons o=
p=ope=ty, occu==ing f=om o= upon the wo=k of const=ucting
the sewe= occasioned by negligence o= othe=wise, g=owing
out of the failu=e of the Cant=acta= to leave tn place in
the t=ench sufficient sheeting and b=acing to p=event any
caving o= moving of the g=ound ad)acent to the banks of
the t=ench.
J. DEWATERING
The Cant=acta= shall at all times du=ing const=uction,
p=ovide and maintain ample means and devices with which to
p=omptly =emove and p=ope=ly dispose of all wate= ante=lng
the sewe= t=enches o= excavations, and keep said excavations
d=y until the st=uctu=es a=e pou=ed and the conc=ete has set.
No pipes shall be laid, no= pipe )oints mode, in wate=~ no=
shall wate= be allowed to =isa ave= mason=y o= mo=ia= until
the conc=ete o= mo=to= has set at least twenty-fou= 126)
hou=s.
K. BEDDING NATERIAL
Six inches of sand cushion shall be used to =eceive the pipe
ba==e] and each pipe section, when in place, shall have a
unifo=m bea=ing on the sand cushion fo= the full length of
the pipe ba==e]. Pipe shall not be laid unless the sand
cushion is f=ee of ware= and in a condition satisfacto=y to
the Enginee=. Adjustments of the pipe to line and g=ade
shall be made by sc=aping away o= filling in with g=avel, o=
app=oved selected mate=iai, and not by wedging o= blocking up
the bell. Alta= pipe is in place, 12" of sand shall be
placed above the pipe p=io= to backfilling with select
mate=ia1.
Bedding mate=iai will not be measu=ed o= paid fo= as a
sepa=ote item. The cost the=eOf will be included in the unit
p=ice bid pa= length of pipe.
In no case will ext=a compensation be allowed fo= fu=nishin9
any bedding mate=ial =equi=ed to complete the installation of
pipe.
L. PROTECTION AND INSTALLATION
Co=e and p=ecautions shall be taken to p=event the
int=oduction of fo=eign mote=lois into the existing
system. Well fitted stoppe=s o= bulkheads shall be
secu=ely placed in oll openings and in the end of the
line when const=uction is stopped tempo=a=ily and at the
end of each day's wo=k. [t shall be the =esponsibility
of the Cant=acta= to de]ire= to the Owne= a pipeline
which is clean th=oughout its entt=e length.
Sec. 00750
11
Bell holes of ample size shall be cut unde= and o=ovnd
all )oints to p=ovide adequate =oom fo= making Joings and
to assu=e that the baa=el of the pipe =ests unifo=mly and
in continuous contact with the suppo=ting g=ound fo= its
enti=e length.
Wate= will not be permitted in the t=enches while the
pipe is being laid. The Cant=acta= shall not open up
mo=e t=enches than the available pumping facilities
able to d.wot.= to the satisfaction of the Engine.=.
A tole=once of 6" f=om the established g=ade may be
pa=mitt.d, if app=oved by the Engine.=, in o=de= to
pa.vent excessive b=eaks tn alignment at the )oints to
such an extent that the ~oints cannot be p=ope=]y made.
Shou]d conflict in g=ade occu= with othe= utilities, the
ware= line g=ade shall be changed to avoid the conflict.
The inte=io= of the pipe shall be cleon and ~oint
su=faces shall be clean and d:y when the pipe is low,=ed
into the t=ench. Each pipe, fitting, and valve shall be
]owe=ed into the t=ench ca=.fully and laid t=ue to line
and g=ade.
All )oints shall be made in st=ici acco=dance with the
manufactu:e='s specifications.
THRUST BLOCKS
2500 E!! conc:ete shall be placed fo: blocking at each
change in di=ection of all p:essu:e pipelines in such
manna= as will substantially b=ace the pipe against
undistu=bed t=ench walls. Conc:ete blocking, made
Type 1 cement, shall have been in place fou= days
to testing the pipeline as he=einafte= specified. Test
may be made in two days aft.= completion of blocking if
Type Il! cement is used.
At all points whe=e wet connections o=e mode to existing
lines, the tapping connection fittings shall be suppo=ted
by blocking up to the sp:ing line with 2500 psi conc=ete.
All valves shall be suppo=ted by a 3000 psi conc=ete pod,
G inches thick and of sufficient size to :est against
undistu:bed ea:th.
Conc=ete blocking will not be measu=ed o= paid fo= as a
s.pa=ate item, but the cost the=eof shall be included in
the va=ious items listed in the P=oposal and Bid
Schedule.
T=enches unde=neath slabs and footing of st=uctu=es shall
be backft]]ed with Class "C" conc=ete, unless othe=wise
shown on the plans.
Sec. 00750
N. CONNECTIONS AND APPURTENANCES
The Cant=acta= shall make the alte=otions and the
necesso=y connections to existing wore= mains as shown on
the plans. Such connections shall be made at such times
and in a manne= that will be og=eeable to the
co=po=arian; in each case, when the wo=k is started, it
shall be p~osecuted expeditiously and continuously until
completed.
Where it is necessa=y o= indicated in the plans,
connections to existing mains unde= p=essu=e shol! be
made by tapping connection fittings. Where it is
possible to valve off the section of existing main whe=e
the connection is to be made, the Cont~octo= may have the
option of eithe= connecting by means of tapping
connection fittings o= by cutting the main and using
standard fittings.
Tapping sleeves, c=osses and valves shall be of standa=d
manufactu=e and mechanical )otnt type to fit AWWA pipe
specifications in Classes A, B, C and D. Tapping sleeves
and c=osses shall be designed fo= minimum wa=king
p=essu=e of 200 pounds pea squa=e inch. Connecting
flanges on tapping sleeves, c=osses and valves shall be
ASA Class 125. Tapping valves shall be designed fo=
minimum wa=king p=essu=e of 200 pounds pea squa=e inch.
BORINGS
All bo=ings shall confo=m to the =equi=ements of the State
Depa=tment of Highways & Public T=anspo=tation as specified
in the Utili$¥_~ccommodation ~g!i!Y adopted July, 1974, and
with the No=th Cent=al Texas Council of Gove=nments INCTCOG)
Standard Specifications fo~ Public Wa=ks Const=uction, fi=st
edition, 1983, Po=t Ill, Division 6.
The baaing shall consist of fu=nishing all mate=iols, labo=,
tools, incidentals and equipment necessa=y fo= the complete
installation of the casing pipe and the
1.S
CLEAN UP
In a=eas whe=e the wore= mains have been bockfilled, the
Cont~acto= shall cleo= the =ight-of-woy and surrounding g=ound,
and shall dispose of all waste mote=lois and deb=is =esulting
f=om his ope=arians, he shall fill and smooth ave= holes and
=uts and shall =epai= all miscellaneous and unclassified g=ound
damage done by him, and shall =estate the g=ound to such stable
and usable conditions as may =eosonably be ~equi=ed, consistent
with the conditions of the g=ound p=io= to the laying of the
pipeline.
Sec. O0?SO
13
1.6
1.7
TESTING
Re
Afte: the pipe is laid and the line is flushed of di:t and
fo:eign mate:iai, the pipe shall be filled with water, ca:e
being exercised to expel all air from the pipe. During the
test period, pipe, valves, mete:, fittings, and }oints shall
be carefully examined fo: defects. Any observed leaks o:
defective pipe shall be satisfacto=ily repaired o: replaced
at the expense of the Cant:acta: and the test repeated until
the section under test is within the limits prescribed. The
entire dist:ibution system o: pa:ts the:eof shall be tested
under hyd:ostatic p:essu:e of 150 pounds per square inch, fo:
a period of two hou:s if ~oints are exposed, o: fo: a
twenty-fou: 12~1 hou: pe:iod if ~oints are cove:ed, o: as
directed by the Enginee:.
Ca:e shall be taken to insure that wa:e: mains existing
to this cant:act are not pressure tested. Any old mains
damaged by pressure testing shall be repaired at the expense
of the Cant:actor.
Leakage shall be measu:ed by an app:oved calib:ated mete:
th:ough which all of the ware: :equi:ed to maintain test
p:essu:e is pumped.
De
All testing shall be pe:fo:med in the presence of the
Engineer.
The Cant:acta: shall fu:nish the pump, pipe, connections,
closure fittings, gauges, mete:s, wa:e: and al! other
necessary apparatus and shall furnish all labor and do a]l
work required to make the tests. All costs of testing shall
be bo:ne by the Con:facto:.
Fe
Testing ope:arians shall remain in operation until approved
by the Enginee:. Allowable leakage shall not exceed [1.6
gallons of wa:e: per day pe: mile of pipe per inch of nominal
diameter, for pipe in 18 foot lengths evaluated at a pressure
of 150 psi o: AWWA C600, Section ~3, whichever is greater.
]f the line under test contains sections of various
diameters, the allowable leakage will be the sum of the
computed leakage fo: each size. Joints fo: fire hydrants and
valves shall be conside:ed.
G. All known leaks shall be stopped
:equt:ements.
rega:dless of the test
D]S]NFECTION
After completion of the distribution system installation, the
wa:e: lines shall be thoroughly flushed out to remove dirt
and fo:etgn matte:, tested, and then be sterilized in
acco:dance with the :eqvi:ements of the Texas Department of
Health.
Sec. 00750
When the piping is ste=ilized, at least two 12) samples of
wate=~shall be ext=acted f=om the system fo= examination by
the Texas Depa=tment of Health to dete=mine whethe= the
system is f=ee of o=ganisms of the Coil-Ae=ogenes g=oup.
the samples submitted do not show' negative fo= such
o=gantsms, the piping shall be disinfected and =edisinfected
by the Cant=acta= in acco=dance with the =equt=ements of the
Texas Depa=tment of Health until the system ts f=ee of
contamination. All mate=ials and labo= =equi=ed fo= complete
ste=ilization of the piping shall be fu=nished by the
Cant=acta= at no additional expense to the
#EASURENENT
A. WATER PIPE
The lengths of pipe of types and sizes specified, installed
and accepted, will be dete:mined by measu:ements along the
cente: line of the pipe. No deductions will be made fo:
space occupied by valves o: fittings.
B. VALVES AND FIRE HYDRANT ASSEMBL]ES
Gate valves, butte=fly valves, at= =elease valves, blow-off
valves and fi:e hyd:ant assemblies will be measu:ed as units
pe= each. Valve boxes and g=avel bedding fo= valves will not
be measu:ed fo: payment; the cost of these items shall be
included in the Cant:act Unit P:ice fo= Valves. Fi:e Hyd:ant
assemblies shall include fi:e hyd:ant, valves, :ods, spool
connections, mechanical ~oint ancho: fittings, g:avel and
conc:ete; none of the above named items will be measu=ed fo:
sepa:ate payment.
C. BaR I NGS
Bo:ings will be measu:ed by the linea: foot as the length of
casing pipe installed.
D. CONCRETE ENCASEMENT
Conc:ete encasing will
conc:ete installed.
be measu:ed
by the ]inea: foot of
E. CONNECT ]ONS
Connections to existing ware= mains will be measu=ed as
units pe= each unde= connections. Reduce=s, tees,
valves, incidentals, and piping shall be included in the
Cant=act Unit P=ice fo= Connections, and shall not be
measu:ed sepa:otely.
Sec. 00750
15
1.9
PAYMENT
A.
No sepa=ate measu=ement will be made of any subsidia:y
items, such as th:ust block, coppe= coated wi=e, bedding,
fittings', accesso=ies, excavation, t=enching,
backfilling, o= any othe= items =equi=ed fo= the
completed installation of the wate= lines.
WATER PIPE ICont=acto= Supplied Pipe'}
Payment will be made fo= Ware= Dist=ibution System Piping at
the Cant=act Unit P=ice pe= linea= foot, which p=ice shall
constitute full compensation fo= fu=nishing all pipe, pipe
)otnts, fittings, specials and all othe= mate=iols not
pa=ttcula=ly specified fo= sepa=ote payment; fo= fu=nishing
all lobo=, tools, equipment and incidentals and pe=fo=ming
all wo=k including p=epa=ation of =ight-of-way,
excavation, installation of pipe, backfill, testing,
ste=ilization, cleanup and any othe= ope=arians essential to
completing the ware= system as specified within and as shown
on the Cant=act D=awings.
WATER PIPE IOwne= Supplied Ptpel NOT APPLICABLE
Payment will be made fo= Ware= Dist=ibution System Piping at
the Cant=act Unit P=ice pa= linea= foot, which p=ice shall
constitute full compensation fo= fu=nishing all fittings,
specials and all othe= mate=ials not pa=ticula=ly specified
fo= sepo=ate payment; fo= fu=nishing all labo=, tools,
equipment and incidentals and pe=fo=ming all wo=k including
p=epa=ation of =ight-of-way, t=anspo=tation of pipe f=om
sro=age ya=d, excavation, installation of pipe, backfill,
testing, ste=ilization, cleanup and any othe= ope=arians
essential to completing the ware= system as specified within
and as shown on the Cant=act D=awings.
C. VALVES AND FIRE HYDRANTS
Payment fo= gate valves, butte=fly valves, al= =elease
valves, blow-off valves and fi=e hyd=ants will be made at the
Cant=act Unit P=ice pa= each, which p=ice shall constitute
full compensation fo= fu=nishing all valves, valve boxes,
valve box conc=ete, valve w=enches, fi=e hyd=ont assemblies,
g=avel and miscellaneous mate=ials; fo= fu=nishing a11
tools, equipment, and incidentals and the pe=fo=ming of
ope=otions essential to completing the installations in
acco=dance with these Specifications and the Cant=oct
D=owings.
Sec. 00750
BORINGS
Bo=ings will be paid fo= at the Cant=act Unit P=ice pea
linea= foot, complete and in place, including fu=nishing and
placing all mate=ials including encasement pipe, g=out
backfill, sheeting, sho=ing, b=actng, d=ainage, excavation
and backfill, labo=, tools, equipment, and any incidentals
necessa=y to complete the wo=k acco=ding to the d=awings and
these specifications.
E. CASINO PIPE
Casing of the type and size specified will D9i be a sepa=ate
pay item but is to be included into the cost fo= bo=lng.
F. CONCRETE ENCASEMENT
Conc=ete encasing will be paid fo= at the Cant=act Unit P=ice
pea linea= foot, complete and in place.
G. CONNECT IONS
He
Payment fo= connections to existing ware= lines will be made
at the Cant=act Unit P=ice pea each, which p=ice shall
constitute full compensation fo= fv=nishing ail tees,
=educe=s, valves, piping, incidentals, se=vice clamps,
connections, g=avel, conc=ete, and miscellaneous mate=ials
and fo= fu=nishing all labo=, tools, equipment, and
incidentals and pa=fo=ming ail ope=ations essential to
completing the installations in acco=dance with these
Specifications and the Cant=act D=awings.
NO SEPARATE PAYMENT will be made fo= any subsidia=y items
such as th=ust blocks, plastic coated wi=e, bedding,
fittings, o= any accesso=ies, ext=a excavation, t=enching,
backfill and disposal of su=plus excavation and othe=
incidentals in the =elated pay items o= called fo= in the
Cant=act.
Sec. 007S0
17
-- SECTION 07500 - SPECIAL PROVISIONS
pART 2: GENERAL
The following Special P=ovisions shall gove=n and take
p~ecedence ave= the afo=ementioned Standa=d
Specifications enume=ated he=ein wheneve= they a=e in
conflict.
Mention he=ein o= indication on the d=awings of items,
mate=ials, ope=arians o= methods, =equi=es that the
Cant=acta= p=ovide and/o= install each item mentioned
o= indicated of quality o= sub)ect to qualification
noted~ pe=fo=m acco=ding to conditions stated each
ope=arian p=esc=ibed; and p=ovide all necessa=y labo=,
equipment, supplies and incidentals.
Requi=ements of the Gene=al Conditions, Special
Conditions and Addenda, if issued, shall apply as if
he=ein w=itten.
Do
Sepa=atton of these specifications lnto
sections is fo= convenience only and is not
to establish limits of wo=k.
items and
intended
ITEM NO.
100
102
300
340
~70
472
5O8
552
582
DESCRIPTION
P=epa=ing Right-of-Nay
Clea=tng and G=ubbtng
Asphalt, Oils, Emulsions
Hot Mix Asphaltic Conc=ete Pavement ICl.A)
Manholes and Inlets
Re]aying Culve=t Pipe
Jacking, Bo=tng, o= Tunneling Pipe
Ba==icades, Signs, and T=affic Handling
Const=ucttng Detours
Wi=e Fence
Ware= Mains & D=oins
Sec. 07500
1
SPECIAL PROVISION TO ITEH 100
· PREPARING RIGHT-OF-NAY
IRefezence: NCTCOG Spec., Item 3.1)
A=ticle 100.3 HEASUREHENT and 100.~ PAYHENT. Delete
a=ticles in thel= entt=ety and =eplace with the following:
both
The=e will be no sepa=ate payment fo= p=epa=ing =ight-of-way.
This item is conside=ed incidental to const=uction and shall be
included in the app=op=tate pay item fo= the laying of wats=
lines.
SPECIAL PROVISION TO ITEH 102
CLEARING ARO GRUBBING
(Refe=ence: NCTCOG Spec., Item
A=ticle 102.3 HEASUREHENT. Delet~he fi=st pa=ag=apb and =eplace
with the following:
Clea=ing and Grubbing will _~l%~measu:ed by the lO0-foot station.
NOTE: The limits of CiCa=lng and g=ubbing a=e within the
sight-of-way limits and a.~g~only those a:eas so designated on the
plans. Only the mtnim~l~ amount of asea as =equt=ed fo= the
const=uction intended s~ll be clea=ed and 9=ubbed.
A~ticle 102.~ PAYmEnT Delete the thi=d pa=ag=apb and =ep]oce
with the following:
The total payment fo= this item will not exceed SO pea cent of
the o=igtnal cant=act amount fo= this item p=to= to the final pay
application. The po=itoh of the cant=act amount fo= this item in
excess of 50 pea cent of the total cant=act amount fo= this item
will be paid on the final payment application.
SPECIAL PROVISION TO ITEM 300
ASPHALTS, OILS & EHULSIONS
(Refe=ence: NCTCOG Spec., Item 5.1 & 2.~}
A~ticle 300.2 MATERIALS. Type and g=ade shall be dete=mtned by
testing labo=ato=y~ 300.2 I1) asphalt cement.
Sec. 07500
SPECIAL PROVISION TO ITEM 340
HOT MIX ASPHALTIC CONCRETE PAVEMENT
Refe=ence: NCTCOG Spec., Item 5.7 & 2.4}
A=ticle 340.2 MATER]ALS. I1! Mine=al agg=egate - pea g=avel
will not be allowed. All agg=egate shall be c=ushed stone.
12! Asphaltic mate=ia1: Tack coat shall be RC-250.
A=ttcle 340.3 PAVING MIXTURE. Add the following pa=ag=apb:
Type D (fine g=oded su=face cou=se} shall be used on this
p=o~ect whe=e indicated on the plans. A maximum of two inch
compacted lifts will be pe=mitted to obtain the total thickness
indicated.
A=ttcle 340.7 MEASUREMENT and A=ticle 340.8 PAYMENT. Delete both
o=ticles tn the1= entt=ety and =eplace with the following:
All wo=k pe=fo=med unde= this
subsidia=y to othe= items of wo=k
shall be p=ovided.
item
and no
shall be cons[de=ed
sepa=ate compensation
SPECIAL PROVISION TO ITEM 470
MANHOLES & INLETS {& HEADWALLS!
A=ticle 470.1 DESCRIPTION. Add the following:
Headwalls Imodtfied} of the type and'size specified in the plans
shall also be included as appl e to Item 470 "Manholes &
Inlets."
A=ttcle 470.~ MEASUREMENT. entt=ely and =eplace with the
following:
Manholes, inlets/ and ls [modified} of the type and size
shown on the plans w:' measu=ed by each manhole, inlet,
headwall {modified}. =vatton and backfill will not be measu=ed
fo= sepa=ate payment but will be consideced substdia=y to the unit
ps[ce bid fo= each manhole, inlet, o= headwall [modified}.
Measu=ement will only be cons[de=ed when the manhole, inlet,
headwall [modified} is complete-in-place pea the plans and
specifications. Only those heodwalls specified on the plans to be
conside=ed fo= sepa=ate payment will be measu=ed. All othe=
headwalls will not be measu=ed but will be cons[de=ed subsidia=y
to othe= items of wo=k.
Sec. 07500
3
A~ttcle ~70.7 PAYMENT. Delete
~70.?16) and odd the following:
sub-a=ticles ~70.7(11 th=ovgh
Payment fo= manholes, inlets, o= headwalls (modifiedl will be
made at the unit p=ice bid fo= each manhole, inlet, o= headwall
Imodifiedl specified, complete-in-place, as shown on the plans and
in acco=dance with these specifications.
SPECIAL PROVISION TO ITEM
RELAYING CULVERT PIPE
A=ticle ~72.3 MEASUREMENT and ~72.~ PAYMENT.
o=ticles in the(= enti=ety and inse=t the following:
De]ere the
Wo:k pe=fo=med unde= this item
pipe be conside=ed subsidia=y
compensation shall be made.
fo= the
to othe=
=elaying of culve=t
items and no sepa=ate
SPECIAL PROVISION TO ITEM
JACKING, BORING, OR TUNNELING
(Refe=ence: NCTCOG Spec., Item
A=ticle ~7&.2 MATERIALS.
following:
Delete entirely and =eplace with the
The casing pipe shall be steel pipe and shall have the following
minimum =equi=ements: inside diamete~ as shown on plans, 0.250
inches wall thickness, 35,000 psi yield st=ength IH20 loadingl,
exte=io= su=face coated with ! mil. bituminous coating (Spec. AWWA
C-203).
A=tlcle ~7&.3 CONSTRUCTION. Add the following:
All )acking, bo=ing, o= tunneling ope=arians shall confo=m with
the =equi=ements contained in the TSDHPT Uti]ity Accommodation
Policy adopted July 197~, along with cu==ent =evisions the=eta,
and/o~ as a minimum the app=op=iate =equi=ements outlined in the
following:
a. Gas pipelines - Title ag, CFR, Pa=t 192, T=anspo=tation of
Natu=al and Othe: Gas by Pipeline: Minimum Fede=ai Safety
Standa=ds and amendments.
b. Liquid pet=oleum pipelines - Title ~9, CFR, Pa=t 1PS,
T=anspo=tation of Liquids by Pipelines and amendments.
c. Latest Ame=ican Society fo= Testing and Mate=(als
specifications.
Sec. 07500
A:ttcle ~76.5 PAYMENT.
following:
Delete enti=ely and =eplace with the
Bo=ings will be paid fo= at the unit p=ice bid pe= linea= foot,
measu=ed as p=ovided unde= "Measu=ement," complete and in place,
including fu=ntshing and placing all mate=ials including steel
casing pipe, g=out backfill, sheeting, sho=ing, b=acing, d=ainage,
excavation and backfill, labo=, tools, equipment, and any
incidentals necessa=y to complete the wo=k acco=ding to the
d=awings and these specifications.
SPECIAL PROVISION TO ITEM 502
BARRICADES, SIGNS AND TRAFFIC HANDLING
(Refe:ence: NCTCOG Spec., Item
A=tic]e 502.3 MEASUREMENT and 502.a
a:tic]es and =eplace with the following:
PAYMENT. Delete both
The wo=k and mate=lois as p=esc=ibed by this item will not be
paid fo= as a sepa=ote item, but will be conside=ed incidental to
the p=o~ect.
SPECIAL PROVISION TO ITEM 508
CONSTRUCTING DETOURS
IRefe=ence: NCTCOG Spec., Item 2.22)
A=ticle 508.~ MEASUREMENT and 508.5 PAYMENT.
enti=ety and =eploce with the following:
Delete in thei:
No sepa=ate measu=ement and payment shall be made fo:
"Const=ucting Detou=s." Execution of the wo=k desc=ibed he=ein
shall be conside=ed subsidio:y to othe= items of wo=k.
Sec. 07500
5
DIV1SION !
GENERAL REQU/REHENTS
_D_I _VI _S_I _01:4__ _~_ =_ _G_E_NI~_ _R.A[,_ REQU ! RENENTS
lU~ntion herein o= indication on the D~awings of items, materials,
operations o= methods, requl=es that the Contractor provide and/or
install each item mentioned or indicated of quality or sub)ect to
qualification noted~ perform according to conditions stated each
operation prescribed~ and provide all necessary/ 1.abas, equipment,
supplies and incidentals.
Requirements of the Gene=al Conditions, Supplementary Conditions, and
Addenda, if issued, shall apply under this Division of Wo=k as if he=etn
~itten.
Separation of these specifications into Divisions and Sections is
convenience only and is not intended to establish limits of work.
01010 - SUHHARY OF WORK
0~050 - FIELD ENGINEERING
01152 - APPLICATIONS FOR PAYHENT
0~3~0 - CONSTRUCTION SCHEDULES
013~0 - SHOP DRAWINGS, PRO[X~T DATA AI'~3 SAlUlPLES
01~10 - TESTING LAB SERVICES
0~700 - CONTRACT CLOSEOUT
017~0 - PROJECT RECORD DOCUHENTS
01750 - WARRANTIES
DIVISION l
C~neral Requirements
_S~.CTION 01010 - StJI4~ARY OF WORK
1.1 D~SCRIPTION AND LOCATION OF WORK
Wo:k cove:ed by the Cant:act Documents includes the fu:nishtng
of all Iabo:, mate:lois, tools, equipment, taxes, se:vices,
t~anspo:tatton and othe: items necessa:y to pe~fo~wn and
complete all of the wo:k fo: the const:uction as indicated on
the d:awings and as he:sin w:itten.
1.2 WORK SPECIFIED ELSEWHERE:
Gene:al conditions of ag:eement, special conditions,
specifications and special p:ovtstons.
standa:d
START OF
Wozk shall be sim:ted immediately upon issuance of a notice to
p:oceed o:de~. P:to: to this, ali contracts and beginning
documents will have been executed and tnsu:ance in fo:ce.
1.~ COMPLETENESS OF WORK:
The d:awtngs and specifications describe the va:taus items of
wa:k, cha:acte: of mate:tala and quality of wo:kmanshtp and
finish. Any appu:tenances, pa:ts, finish of wo:k essential to
the entt:e completion of the wa:k, though not specifically
shown o~ specified, sha]! be p:ovtded by the Cont~acto~ and
included in the Cant:act Sum.
Time of Completion:
befo:e the time
Ag:eement.
The completion of this wo:k is to be on o:
indicated in the O~ne: and Cant:acta:
1.5 EXISTING UTILITIES, STRUCTURES, AND OTHER PROPERTY:
P:io: to any excavation, it shall be the Cont:acto:'s
~esponsibility to date:mine the locations of all existing
wats:, gas~ sewe~, electric, telephone, teleg:aph, television
and othe~ unde:g:ound utilities and st:uctu~es. Obtain
location d:awings and othe: assistance f:om the va:taus local
Utility Departments and othe~ applicable agencies, and make
othe~ investigations as zequt~ed to accomplish this.
Alta: commencing wa:k, use eve:y p:ecautton
tnte:fe:ence with existing unde:g:ound and au:face
and st:uctu:es, and p:otect them f:om damage.
to avoid
utilities
Whe:e the locations of existing unde:g:ound and au:face
utilities and st:uctu:es a:e indicated on the d:awings, these
locations a:e gene:alIy app:oximate, and all items which may be
encounte:ed du:ing the wo:k o:e not necessa:ily indicated. It
shall be the Cont:acto:'s :esponsibility to date:mine the exact
locations of all items indicated, and the existence and
locations of all items not indicated.
01010
1
1.6
1.7
1.8
CONTRACTOR' S DUT ] ES:
A. Except as specifically noted, p=ovide and pay fo=:
I.abo=, mate=lois, equipment.
Tools, const=uction equipment, and machine=y.
Ware=, heat, and utilities =equl=ed fo= const=uctton.
Othe= facilities and se=vices necessa=y fo= p=ope= execution
and completion of wo=k. :
Pay legally =equt=ed sales,
and othe= taxes.
consume=, use, pay=o]], p=tvilege
Secu=e and pay fo=,
completion of
bids:
as necessa=y fo= p=ope= execution and
and as applicable at time of aec. Spt of
Pe=mits
Fees
Licenses
D. Give =equt=ed notices.
Comply with codes, o=dtnances, =ules, =egulations, o=de=s and
othe= legal =equt=ements of public autho=tttes which bea= on
pe=fo=mance of
P=omptly submit w=ttten notice to Engine.= of obse=ved va=tance
of cant=act documents f=om legal =equi=ements. ]t is not the
cont=acto='s =esponstbtlity to make ce=rain that d=awtngs and
specifications comply with codes and =egulattons. App=op=late
modifications to cant=act documents will adjust necessa=y
changes. Assume =esponsibtltty fo= wo=k known to be cont=a=y
to such =equt=ements without notice.
Enfo=ce st=ict
not employ on
assigned task.
discipline and good o=de= among employees. Do
wa=k, unfit pe=sons o= pe=sons not skilled in
SUB-CONTRACTOR' S L ] Sl':
The p=tme gene=al cant=acta= will submit a list of all
sub-cont=octo=s to be used on the p=o}ect at the time of
submitting his bid p=oposal. Any subcont=acto= listed must be
acceptable to the
COORDINATION:
The p=tme gene=al cant=acta= is =esponstble fo= the
coo=dination of the total p=oJect. All othe= p=ime cont=acto=s
and all sub-cont=acto=s will coope=ate with the palm. gene=a]
cant=acta= so as to facilitate the gene:al p=og=ess of the
wo=k. Each t=ade shall affo=d all othe= t=ades eve=y
=easonable oppo=tuntty fo= the installation of th.t=
01010
2
_ 1.9
"1.10
-- 1.11
CONTRACTS:
A. Construct work under a single prime general contract.
WOEK SEQUENCE:
Ae
Construct work so as to
se=vice to traffic and
construction area.
provide the least interruption of
businesses situated along the
At all times throughout construction, existing water, sewer and
gas facilities shall remain in use. No discontinuation of
se=vice foe any extended period of time will be allowed.
CONTRACTOR'S USE OF PREMISES:
Am
Cant=acta= shall limit his use of the premises for work and for
storage to the rights-of-way limits or other areas allowed by
property owners.
B. Confine operations at site to areas permitted by:
1. Law
2. O~dinances
3. Pe~mtt
Contract Documents
5. O~ne=
Do not unreasonably encumber site with materials o= equipment.
Coordinate use of premises with Owner/Engineer and property
Do
Assume full responsibility foe protection and
products stored on premises.
safekeeping of
Move any stored products which interfere wtth operations of
Owner or other contractors.
Obtain and pay for, use of additional storage of work areas
needed foe operations.
MATERIAL AM3 WORKMANSHIP:
All material under this contract shall be new and as specified,
suitable fo= the purpose and subject to approval by the
Engineer. The workmanship shall be first-class and sub~ect to
the approval of the Engineer as equal to best standard
practice.
Cant=acta= shall furnish labor whtch tn no way wlll confllct
with other labor working on the site. The Contractor shall at
all times enforce strict discipline and good order among his
men and shall not employ any unfit persons or anyone not
skllled In the wo=k assigned to him. The work shall be
01010
3
protected from action of the weathes and damage fsom workmen.
Surfaces shall be clean and fsee from defects.
The Contsactos shall semove at his own expense any .ask or
material condemned by the Engineer as defective and not in
accordance with the additional compensation. Fatluse to do so
shall be deemed as violation of contract and shall be subject
to the proceduse established for such case. Any omission or
failuse on the part of the Engtnees to disappsov* or seJect any
work os material shall not be construed to be an acceptance of
any such defective work or material.
-- 1.13 INSPECTION OF WORK:
All the work of the contract shall be subject to the inspection
of the Engineer and his authorized representatives, and the
Con=sac=or shall afford every facility fas the inspection of
materials and workmanship. Such access shall include such
portions of the place of manufactuse or fabsication as may be
necessa:~/ to complete inspection. The Contractor shall notify
the Engineer in writing, in ample time, to permit inspection at
the place of manufacture should the Engineer so desire.
Materials shall be delivered on the Job psoperly marked for
identification and whether previously inspected os not shall be
subject to =.inspection and final acceptance or seJectton at
the site of the work.
If the specifications, Enginees's ins=suctions, laws,
ordinances, os any public authority require any work to be
specially tested or approved, the Con=sac=or shall give the
Engineer timely notice of its readiness for inspection, and if
inspection is by another authority than the Engineer, of the
date fixed for such inspection.
Re-examination of the questioned work may be ordered by the
Enginees and, if so ordesed, the work must be uncovered by the
Cant=ac=os. If such work is found to be in accordance with the
Contract Documents, the O~ner shall pay the cost of the
re-examination and replacement. If such work is found not in
accordance with the Contract Documents, the Contractor shall
pay such cost unless he shall show the defect in the work was
caused by anothes Contractor and, in that event, the party
responsible shall pay such costs.
1.1a SUSPENSION OF WORK - DELAY:
On order of the Engine.s, the work may be suspended for any
substantial cause, such as, but not limited to, unfavorable
weathes conditions, failure, sefusal os neglect on the part of
the cant:actor and his employees to comply with the terms and
conditions of the Contract documents. The use of, or attempted
use of materials or methods not in accordance therewith,
trite=les.rice of the wosk with other work of a public os psivate
nature necessary to be done prior to the work herein
contemplated os fas any cause of like natuse, and the work so
suspended shall not be sesumed except with the consent of the
Engineer.
01010
1.15
1.16
Ce
Durlng the time of such suspension of the work, if it is to be
a considerable time, the Contractor shall have all material
neatly: piled or removed from the line of work, and all
equipment shall be located so as to least interfere with public
convenience and traffic. Should the Contractor refuse or
neglect to take proper care of such materials and equipment,
the Engineer shall cause the same to be properly cared for and
an amount equal to the cost of so doing shall be deducted from
any monies whlch may be or may become due to the:Contractor.
The Contractor may file proper claims for loss or damage on
account of delays incurred by the Owner. If any delay is
caused by any act of the Owner, or results from causes
hereinbefore mentioned, the Contractor will be granted an
extension of time for the completion of the work, sufficient to
offset such delay if a claim is made by the Contractor in
writing to the Engineer within seven days from the date upon
which such de]ay is started. No extension of time shall be
gzx3nted for time lost during suspension of the work due to the
Contractor's failure to comply with the conditions or terms of
the contract.
CHANGES IN THE WORK:
No extra work or change shall be made without a written order
from the Owner, in which event the Contractor shall proceed
wtth such extra work or change, and no clatm for an addition to
the Contract Sum shall be valid unless so ordered.
However, the Engineer shall have the authority, by
instructions, to make minor changes in the work, not involving
extra cost and not inconsistent with the purposes of the
pro)act. If the Contractor claims that any such instructions
to make minor change do involve extra cost under the contract,
he shall nottfy the Engineer in writing, within a reasonable
time after receiving the said instruction and, in any event,
before proceeding with the work as changed thereby or be bar:ed
from making any claim agatnst the Owner for such extra costs.
Ce
Compensation for the work covered by the approved change order
shall be determined by on agreed lump sum.
LATENT CONDITIONS:
If, in the performance of the Contract, latent conditions at
the site are found to be materially different from those
indicated by the specifications or unknown conditions not
usually inherent in work of the character specified, the
attention of the Owner and Engineer shall be called immediately
to such conditions before they are disturbed. Upon such
notice, or upon his own observations of such conditions, the
Engineer and Owner shall promptly make such changes in the
specifications as he finds necessary to conform to the
different conditions, and any increase or decrease in the cost
of the work resulting from such changes shall be ad)usted as
provided under Article 6, General Conditions, EXTRA WORK AND
CLAIMS, as amended in the Special Conditions.
01010
5
SECTION 01050 - _FI_E~D ENGINEERING
1.1 GENERAL
Cont~acto: shall p:ovide and pay fo~ field engines:lng se:vices
:equt:ed fo~ the p~oJect and include in his bid the necessa:y
allowance to cove: same, including:
Survey wo~k ~equl:ed in execution of the p:oJect.
Civil, st~uctu:al, o: othe~ p:ofesstonal engineering
sea-vices specified, o~ ~equi~ed to execute Contractor's
construction methods.
The Engines= will identify existing cant=al points indicated on
the d~awtngs, as ~equi~ed.
1.2 QUALIFICATIONS OF SURVEYOR OR ENGINEER:
A. Qualified enginee~ o~ :egiste~ed land
Cont~acto~ and Engineer.
su~veyo: acceptable to
1.3 BENCH MARKS, MONUMENTS AND SURVEY REFERENCE POINTS:
The Cant:acta: will carefully maintain all bench ma:ks,
monuments, and othe: ~efe~ence points. If dest:oyed o:
disturbed, the :efe:ence points will be zeplaced, by the
Cant:actor, to thei~ o~igtnal positions. In any case in which
a ~efe:ence point is disturbed, the Cont~acto: shall notify the
Engines:.
1.~ PROJECT SURVEY REQUIREHENTS:
The Cont~acto: shall accu:ately stake out all components of the
p:oJect and will be held entl:ely :esponsible fo: any e::o:s in
these lines and levels.
The Cont~actoz shall
shall ~epo:t any
commencing wo~k.
ve:ify all g~ades,
inconsistencies to
lines and levels and
the Engines: befo:e
RECORDS:
Cant:acta: shall maintain a complete accurate log of all
cant:al and su:vey wo:k as it p:og:esses, copies which shall be
available to the Engtnee: if requested.
1.6 SUBMITTALS:
A. If :equested by Engines:, Cont~acto~ shall submit:
1. Name and add:ess of su:veyo: and/o: professional engines:.
2. Documentation to ye:try accu:acy of field engines:lng
3. Certificate signed by :egtste:ed engines: or su:veyo:
ce:tifytng that elevations and locations of imp:ovement
in confo:mance, o: non-confo:mance with Cant:act Documents.
0~050
1
SECT l .ON 0 01 lS~ - APP_L_]_C_A_T_](~_~__F_O~___P_A_YI~_~_N_T
1.1 GENERAL:
Ae
Cant=acta= to submit Applications fo= Payment to Engines= in
acco=dance with the schedule established by Special Conditions,
pa=ag=apb 1.~, F, Pa=rial Payments.
1.~ FORNAT AND DATA REQUIRED:
Submit itemized applications typed on Application and
Certificate fo= Payment, as app=oved by Engines=.
1.3 PREPARATION OF APPLICATION FOR EACH PROGRESS PAYNENT:
A. Application Fo~m:
1. Fill in =equt=ed info=marion, including that fo= Change
O=de=s executed p=lo= to -the date of submittal of
applications.
2. Fill in summa=y of dolla= values to ag=es with the
~especttve totals indicated on the continuation sheets.
3. Execute ce=ttficatton with the stgnatu=e of a ~esponsib]e
office= of the Cant=act ft~m.
B. Continuation Sheets:
1. Fill in total list of all scheduled component items of
wa=k, with item numbs= and the scheduled dolla= value fo=
each item.
2. Fill in the dolla= value in each column fo= each scheduled
line item when wo~k has been performed o= p~oducts sro=ed.
3. List each Change O=de= Numbe=~ and desc=tptton, as fo= an
o~igtnal component item of
1.~ SUBSTANTIATING DATA FOR PROGRESS PAYNENTS:
When the O~ne= o=
Cont=acto~ shall
lette= identifying:
the Engines= =equt=es substantiating data,
submit suitable info:marion, with a cove=
1. P=o~ect
2. Application numbe= and date
3. Detailed list of enclosu=es
FoE sro=ed p~oducts:
a. Item numbe= and identification as shown on application
b. Desc:tptton of specific mate=iai
Submit one copy of data cove: lette: fo~ each copy of
application.
~.5 SUBHITIAL PROCEDURE:
Ae
Submit App]lcations fo~ Payment to Engtnee~ at t~mes stated in
8pecta! Conditions.
B. Numbe=: Six (6) copies of each Application.
C. Sign each copy and have each copy p=ope=ly nota=tzed.
When Engtnee= finds the Application p=ope=ly completed and
co==ect, he will t=onsmit th=ee {3! copies of the ce=tiftcate
fo= payment to the O~ne= and one I/) copy to the Oont~acto=.
SECTION 01310 - CONSTRUCTION ~_CHEDULES
GENERAL:
Ntthin 15 days after award of the Contract, the Contractor
shall p=epare and submit to the Engineer an estimated
construction prog=ess schedule fo= the No=k, with dates on
which he will start the salient feato=es of the work and the
contemplated dates fo= completin9 the same.
Submit =evtsed prog=ess schedules with each application for
payment. Submit two 121 copies. Fatlu=e to submit these will
be cause fo= payment to be delayed.
1.2
1.3
FORM OF SCHEDULES:
A.
schedules in the form of a horizontal bo= cha=t.
1. Provide separate ho:izontal bar fo= each sepa=ate item os
operation.
2. Horizonta! time scale: Identify by week, month, yeas, etc.
3. Minimum sheet size: 8 1/2" x 11"
Format of listings:
each item of work.
CONTENTS OF SCHEDULE:
The chronological o:der of
A. Construction P:og=ess Schedule:
the start o-f
1. Show the complete sequence of construction by activity.
Show the dates fo: the beginning, and completion of, each
ma)or element of construction.
3. Show p=o)ected percentage of completion for each item, as
of the first day of each month.
PROGRESS REVISIONS:
A. Indicate progress of each activity to date of submission.
B.
Show changes occu=rtng since p=evious submission of schedule.
0~3~0
1
~JION 013~0 - SHOP DRAWlNG~_~__OI~__~_O~TA AND.~AMPLES
1.1 GENERAL:
1.2
Cant:acta: to submit Shop D:awtngs0 P:oduct Data and Samples as
:equi:ed by the Cant:act Documents and as specified in othe:
sections of the specifications.
SHOP DRAWII~3S:
As soon as p:acticable aft.: cant:act awa:d, submit to the
Engines:, fo: app:oval, the :equi:ed numbs: of bound copies of
shop d:owings of all items as specified in the va:taus sections
of these specifications, accompanied by lette:s of t=onsmtttal.
Shop d:awtngs shall include: Manufactu:e:~s catalo9 sheets
and/o: desc:iptive data fo: mate:isis and equtpment~ showing
dimensions~ pe:fo:mance cha:acte:istics~ and capacities and
othe: pe:tinent info:motion as :equt:ed to obtain app:oval of
the items involved.
C. No wo:k :equl:ing shop d:awings will be executed until app:oval
of such d:awings has been obtained.
PRODtJCT DATA:
A. P:epa:atton:
1. Clearly ma:k each copy to identify ps:tin.n: p:oducts o:
models.
2. Show pe:fo:mance cbs=acts:ts:ici and capacities.
3. Show dimensions and clea:ances =equi:ed.
B. Manufactu:e:'s standa:d schematic d:awtngs and dtag:ams:
Modify d:awtngs and dtag:ams to delete info:marion which is
not applicable to the
Supplement standa:d info:marion to p:ovide info:marion
specifically applicable to the
~.~ SAMPLES:
A. P:ovide samples as indicated in othe: pa:ts
specifications.
of these
1.5 CONTRACTOR RESPONSIBILIT]ES:
A. Review Shop D:awtngs and P:oduct Data p:to: to submission.
B. Dete:mine and Ye:try:
1. Field measu:ements
Field const:uction c:ite:ia
3. Catalog numbe:s and simila: data
Confo:mance with specifications.
013~,0
1
1.6
Coordinate each submittal with requirements of the work and of
the Contract Documents.
Begin no work which requires submittals until
submittals with Engineer's approval.
return of
Ee
Keep one I$1 approved copy of shop drawings or product data at
~ob site at all times.
SUBNISSION REQUIREMENTS:
Make submittals promptly and in such sequence as to cause no
delay in the work o: in the work of any other contzacto:.
B. Numbe~ of submittals required:
For shop d=~wings and product data: Submit the number of
copies which the cant:acta: requires, plus four which will
be retained by the Engineer.
C. Submittals shall contain:
5.
6.
7.
8.
9.
10.
11.
12.
:13.
The date of submission and the dates of any previous
submissions.
The pro).ct title.
The names of:
a. Cant:acta:
b. Supplier
c. Nanufacturer
Identification of the p:oduct.
Field dimensions, clearly identified as such.
Relation to ad)scent o: c:itical featu:es of the wo:k or
mate:isls.
Applicable standards, such as ASTM or Federal Specification
numbers.
Identification of deviations f:om Contract Documents.
Identification of revisions on :.submittals.
Cant:actor's stamp, initialed or signed, certifying to
review of submittal; verification of products, field
measurements and field construction c:iteria, and
coordination of the info.-motion within the submittal with
requirements of the work and of Contract Documents.
Fabrication and e~ection drawings lists and schedules.
Basis of design and design calculations signed and sealed
by a registered professional engineer.
Seal and signatu:e of a registered engines: on all
structural submittals.
D. APPROVAL:
1. Shop drawing and product data information app:oval will be
general. Such app:oval will not ~elieve the Contractor of
any =esponsibility and wo=k =equi=ed by the Contact.
2. SatisfactoL-y shop drawings will be so designated and all
sets, except fou~ 1~1; ~eturned to the Cant:acta:.
01340
2
Disapproved shop drawings will be so designated and all
sets except two 12} will be returned to the Contractor,
with indications of the required corrections and changes.
Disapproved shop drawings will be corrected and resubmitted
to the Engineer for approval.
$.7
$.8
RESUBM]SSION REQUIREMENTS:
A. Make any corrections or changes in the
the Engineer and resubmit until approved.
B. Shop Drawings and Product D~ta:
subml'ttals required by
Revise initial drawings or data, and resubmit as specified
for the initial submittal.
Indicate any changes which have been made other than those
requested by the Engineer.
ENGINEER'S RESPONSIBILITIES:
A. Review submittals with ~easonable promptness.
Affix stamp and initials or signature, and indicate
requirements for resubmittal, or approval of submittal.
Return submittals to Contractor
resubmission.
for distribution,
or for
ITEMS REQUIRING SHOP [~RAWING SUBMITTALS:
The items listed below are items which require shop drawings
submitted as outlined above. This list is not all inclusive.
Other sections of these documents may require submittals also.
Failure to list an item does not relieve the Contractor the
responsibility from providing shop drawings.
Manholes
Junction Boxes
Inlets
Headwa]]s, Wingwalls
Piping
Conduit
Pull Boxes
Box Culverts
Pipe Culverts
Frames, Orates, & covers
Pavement Markers
T:offic Buttons
Valves
Brick Pavers
Fencing
Joint Sea]ant
Retaining Walls
033~0
3
SECTION 01~10 - TESTING_L~ SERVICES
1.0 GENERAL
PAYMENT
ke
The owns:, at his option, will employ and pay fo=
tea-vices of an independent testing labo=ato=y to
ps=foam specified testing except fo= testing =equi:ed
fo= equipment.
When initial tests indicate non-complianc® with the
Cant=act Documents, all subsequent =etesting occa-
sioned by the non-compliance shall be pecfo:med by the
same testing labo=atoz~/ at the sole expense of the
Cont~cto=.
Inspection o: testing ps:foamed exclusively
Cont=acto='s convenience shall be bo=ne
Cant=acta:.
fo= the
by the
De
The Cant=acta= shall fu=nish conc=ete batch designs,
p.ope=ties of mate=ials and confo~-mation cylinde=s
made f:om batch design at his expense.
Ee
Employment of a testing labo=ato~-y by the O~ne= in no
way =elieves the Con=facto= of his obligation t°
pe=foL-m the wo=k acco:ding to the cant=act documents.
1.02 RELATED WORK
A. Gene:al Conditions of the Cant:act fo= Const:uction.
1.03
Inspections and testing :equi:ed by laws, o:dinances,
=ules and =egulations os o=de:s of public autho=ities
ese the :esponsibiltty of the Cont~acto=.
~D~!ification Sections. Contained in the va:ious
specification sections a=e ~equi=ements fo:
ce=tificotion of p=oducts, testing, ad)usting and
balancing of equipment, and othe= tests and standa=ds.
WORK INCLUDED
Testing is :equi:ed fo: the following items of wa=k:
A. Soils compaction cant:al.
B. Conc:ete :einfo:cement.
C. Cast-in-place conc=ete.
D. Mo:to:.
E. St=uctu=al backfill.
Sec. 01~10
-- TESTING LABORATORY'S RESPONSIBILITIES
2.0
P.01
A. Cooperate with the Engineer and Contractor!
qualified personnel promptly on notice.
provide
Perform specified inspections, sampling and testing of
materials and methods of construction.
l. Comply with specified standards! ASTM, other
recognized authorities, and as specified.
Ascertain compliance with requirements of the
contract documents.
P~omptly notify the Engineer and Contractor of irregu-
larities, deficiencies of work, or test failures which
are observed during performance of services. In the
event of a test failure, the testing laboratory shall
notify the Contractor in writing of the "failed test'
and identify the area(s) which are not acceptable
until 're-tested.'
Prepare and distribute reports of inspections and
tests within 3 days of test completion or weekly on
continuous work as follows:
1. Engineer: three copies
Contractor: one copy
Include the following information
well as additional data specified
section.
for each test as
in the applicable
1. Date of test.
2. Location of test.
3. Specified standards.
Test results.
5. Remarks.
2.02
LIMITS OF AUTHORITY
The laboratory is not authorized to:
Release, revoke, alter,
the contract documents.
or enlarge on requirements of
Approve or accept any portion of the work.
Perform any duties of the Contractor.
Sec. 01~10
2
3.0
3.0:1
CONTRACTOR'S RESPONSIBILITIES
Coopesate with labosato~y pessonnel~ psovide access to the
wosk os to monufactuses's opesations.
3.02
3.03
Psovtde to labocatoz~/, pce]]mtna~, sepcesentatlve samples
of matecials to be tested, in =equtced quantities.
:
Fusnish copies of mill test sepocts whece specified os as
~equested.
3.
Fusnish labos and equipment:
A. To pcovtde access to the wock to be tested.
B. To obtain and handle samples at the site.
C. To facilitate inspections and tests.
D. Fac ]abocatocy's exclusive use fac stocage and cueing
of test samples.
3.05
Notify the ]abosatocy at least ~8 houcs in advance of
opesations to alloy fac his assignment of pecsonnel and
scheduling of tests.
3.06 Acsonge with the labocatosy and pay fac additional samples
and tests cequtsed fac the Contcactoc's convenience.
3.07
in the event of a test failuce, the constcuction ceview
pecson shall notify the Contsactos in welting of the
"failed test" and identify the acealsl which ace not
acceptable until "se-tested." It will be the sole
sesponstbiltty of the Cont~ctoc to ocdec and DgY fac
se-testing. Ali se-test cepocts and invoices should be
sent dtsectly to the Contcactoc. The Contcactoc must then
psovlde the Engineec with se-test sepocts.
Sec. 01~10
3
SECTION 01700 - CONTRAC.~__C_L_O,~_E_O~I__T
1.1 GENERAL:
Contractor shall comply with requirements stated in Conditions
of the Contract and specifications for administrative
procedures for closing out the work.
B. Related requirements specified in other sections~
1. Record Documents: Section 01720
2. Warranties: Section 0~750
1.2 SUBSTANTIAL CONPLETION:
Ae
When Contractor considers the work is
he shall submit to the Engineer:
substantially complete,
1. A written notice that the work, or designated portion
thereof, is substantially complete.
2. A list of items to be completed or corrected.
'B.
Within a reasonable time after receipt of such notice, Engineer
will make an inspection to dete~ine the status of completion
and shall furnish the Contractor a complete list of items of
work to be completed or corrected. The list so developed
shall, in no way, release the Contractor, o= subcontractors
from furntshin9 and Installing or correcting items or work
required by the Contract Documents.
Should Engineer determine
complete:
that the work is not substantially
1. Engineer wi]] promptly notify the Contractor in writing,
giving the reasons therefor.
2. Contractor shall remedy the deficiencies in the wa=k, and
send a second written notice of substantial completion to
the Engineer.
3. Engineer will reinspect the wo=k.
When Engineer concurs
he will:
that the work is substantially complete,
1. Prepare a Certt¢lcate of Substantial Completion accompanied
by Contractor's list of items to be completed or corrected,
as verified and amended by the Engineer.
2. Submit the Certificate to O~ner and Contractor for their
written acceptance of the responsibilities assigned to them
in the Ce~tificate.
1.3 FINAL INSPECTION:
When Contractor considers the work is complete, he Shall submit
written certification that:
1. Contzact Documents have been reviewed.
0~700
Engineer viii make an inspection to
completion with reasonable promptness
certification.
Work has been inspected for compliance vith Contract
DoCuments.
3. Work has been completed in accordance vi%h Contract
Documents.
~. Equipment and systems have been tested in the presence of
the O~ner~s representatives and are operational.
5. Wo=k is completed and ready for final inspection.
:
verify the status of
after =ecetpt of such
Should Engineer consider
defective:
that the work is incomplete or
1. Engineer rill promptly notify the Contractor in vrittng,
listing the incomplete or defective york.
2. Cant=actor shall take immediate steps to remedy the stated
deficiencies, and send a second written certification to
Engineer that the york is complete.
3. When the Engineer finds that the york is acceptable under
the Contract Documents, he shall request the Cant:actor to
make closeout submittals.
CONTRACTOR'S CLOSEOUT SUBMITTALS TO ENGINEER:
Upon final acceptance by the O~ner, and completion of all work,
the Cant=actor shall submit to the C~ne=, through the Engineer,
the following data:
1. Certificate stating that all accounts for labor, equipment
and material are paid in full~ or in the case of
outstanding accounts because of this vork~ the Contractor
shall furnish a release of claims by the individual or
conce=ned party. This ce=tificate shall be notarized and
signed by the Cant=actor.
The Contractor's Bonding Company shall furnish a release to
the O~ner, that it is with their consent that final payment
be made to the Contractor.
3. The Contracto= shall furnish a letter guarantee of
vorkmanship to be free of defects for a period of one year,
unless =squired longs= by any division of the
specifications, and should any defects arise, then such
defects shaII be restored to the original condition at no
expense to the Owner. This shall include all necessary
cutting and patching as may be required to correct the
defective work.
~. The 'Contractor shall submit accurate and detailed "As-Built
D=avings" cove=lng all changes to the york. Submit two 12!
copies.
S. The Contractor shall submit all gua=antees, varranties,
b=ochures, and operating instructions as requi=ed by the
different divisions of the specifications.
01700
2
1.5
The Cant=acta= shall submit a =equest fo= final payment,
which shal! include on audit of the account of the cant=oct
and said audit shall fully cove= amounts paid by the Owns=
to the Cant=acta=, and amounts due Cont~acto= because of
this wa=k, all of which shall be fully cove=ed by the
contract documents and approved change o~de~s.
FINAL PAYHENT:
Final payment shall be made upon submission of the documents called
fo= above~ and as cove=ed unde= the gene=al conditions and any
modification the=eta.
0~700
3
~ECTION 01~20 - PROJECT RECORD DOCUNENTS
1.1 GENERAL:
Contxactor shall maintain at
of:
the project site one xecord copy
1. Dxawtngs
Specifications
3. Addenda
Change oxders and other modifications to the Contxact
5. Appxoved shop drawings, pxoduct data and samples
6. Test xecords
1.2 NAINTENANCE OF DOCUNENTS:
Naintain documents in neat, clean legible condition and in good
B. t4~ke documents available at all times for inspection by
Engineer.
RECORD I NG:
A. Reco~d information concux=ently with construction progress.
B. Dxawings~ legibly ma=k to record actua] const=uctton:
Finished elevations
Horizontal and ve=tica] locations of undexground utilities
and appurtenances.
3. Field changes of dimension and detail.
Changes made by field orde= ox by change order.
5. Details not on original contract drawings.
Ce
Specifications and Addenda~ legibly maxk each section to
Nanufactu=e=, txade name, catalog number and supplier of
each p=oduct and item of equipment actually installed.
Changes made by field o=de~ o= by change o~de~.
1.~ SUBt4ITTAL:
Ae
At Contract close-out, delivex one set of repxoductbles and two
sets Iblue line printsl of record documents las-bui]tl to
Engineex fox the O~ner. Cost of xeproducib]es and blue lines
will be borne by the Contractor.
01720
1
SECTION 0~750 - WARRANTI~
1.1 GENERAL:
Cant:acta: shall guarantee mate:isis and workmanship f~: a
pe:tod of one year f:om date of completion except whe:e
additional guarantees o: wa::anties are :equt~ed unde~ the
technics! sections of the specifications.
Befo:e fins! payment is made the Gene:al Contractor shall
delive~ to the Engtnee: al] material and equipment guarantees
or ~a~-anttes in ~lttng f~om sub-contractors and suppliers.
Ce
The General Cont~acto~ shall also deltve~ to the Engineer
before final payment th:ee complete bound sets of
manufactu:e:'s inst:uctions~ se:vice and pa:ts manuals on each
piece of equipment fu:ntshed unde: this cant:act.
0~750
1
APPENDIX A
DEFINITION OF TERNS
~hesever the words, fo=ms os ph=ases defined herein os pronouns
used in their place occu= in these specifications, in the
cant=act, in the bonds, in the adve=ttsement, o= any othe=
document o= tnst=ument he=sin contemplated, os to which these
specifications apply o= may apply, the intent and meaning shall
be lnte:p=eted as
Advertisement. All of the legal publications pe=tatning to
wo=k contemplated o= unde= cant:act.
the
Bidde=. Any ps=son, pessons, pasthesship, company, fi=m, associa-
tion, or co=po=aSian acting directly o= th=ough a duly authorized
representative submitting a p=oposal for the work contemplated.
~!~¥= The City of Coppell, Texas, acting by and th=ough la} its
gove=ning body, or Ibl its City Hanage=, each of whom is =equt=ed
by Cna=res to ps=foam specific duties.
Contract. The w=ttten ag=eement covering the perfo=mance of the
wo=k. The cant=act includes the advertisement, proposal,
specifications, including special provisions, plans o= wa=king
d=awings and any supplemental changes or agreements pe=tatning to
the wo=k o= mate=isis the=era=, and bonds.
Contracto=. The ps=son, ps=sons, partnesship, company, fi=m,
_association, o= co=po=ation entering into contract fo= the
execution of the wa=k, acting directly o= th=ough a duly
authorized =ep=esentative.
~gMment Bond. The app=oved foam of secu=lty furnished by the
Contracto= and his surety as a guaranty for the p=otection of all
claimants supplying labor and mate=iai in the p=osecutton of the
work p=ovided fas in this contract~ said secu=tty shall be in
acco=dance with the p=ovisions of A=ticle S160, Revised Civil
Statutes of Texas, as amended by Acts of the Regula= Session of
the Legislatu=e, 1959.
Pe=fo=mahce Bond. The app=oved foam of secu=ity fu=ntshed by the
Cant=acta= and his su=ety as a gus=antes of good faith on the
pa=t of Cant=acta= to execute the wo=k in st=ici acco=dance with
the plans, specificat~ons and terms of the contz~ct, and that the
Cant=acta= will maintain the wo=k const=ucted by him in good
condition for the ps=tod of time =equl=ed~ said secu=tty shall be
in accordance with the provisions of A=ticle 5160, Revised Civil
Statutes of Texas, as amended by Acts of the Regula= Session of
the Legtslatu=e, 19S9.
Plan o= Plans. All the drawings pertaining to the cant=act and
made a part thereof, including any supplementa=y drawings or
addenda as the Engines= may issue in order to clarify other
drawings, o= fo= the pu=pose of showing changes in the
he=einafte= autho=tzed, o= fo= showing details not shown the=eon.
~ggg~g]~ The w~itten statement o~ statements duly fi]ed with
the City of the pe~son~ persons, pa~tne~shtp~ company, ft~m,
association, o= co=po~ation pxoposing to do the woxk
contemplated, including the approved fozm on which the fo:ma!
bids fox the woxk axe to be pxepaxed.
~ggosal _~g_:_aD~¥= The secuxtty designated in the adve~tisement
and p:oposal, to be fu:nished by each biddex as a gua:anty of
good faith to eh:ex into a cant:act with the City and execute the
xequixed bonds fox the wo:k contemplated arts: the woxk is
awaxded to him, and payment of damages upon his failuxe to ente:
into the contxact.
~g~Stal P:ovisions. The special clauses setting fo:th conditions
ox xequl~ements peculiax to the specific pxoJect involved,
supplementing the standaxd specificattons~ and taking p=ecedence
ave: any conditions ox xequixements of the standa:d
specifications with which they axe in conflict.
~g~S~g}~gD}= The dixections, p=ovistons, and xequi=ements
contained he=sin, togethex with the special pxovisions,
supplemental hexeto, pextaining to the method and manne: of
pexfo=mtng the woxk ox to the qualities ox quantities of the
matextals to be fu:nished unde: the cant:act.
~g~~= The coxpo:ate bodies which a~e bound by such bonds as
axe xequixed with and fo: the Contxactox. Said su:ettes engaged
to be xesponsible fox the enttxe and sattsfactoxy fulfillment of
the contract, and fox any and all xequtxements as set out in the
specifications, contxact o: plans.
The No=k. All wo=k, including the fuxnishing of labo=,
matexiols, tools, equipment, and incidental, to be pexfoxmed by
the Cant=acta: undex the ts:ms of the cant:act.
Woxking___Dg_~= A woxktng day is defined as: a calendax day
including Satuxdays, Sundays, o= legal holidays in which weathex
ox othex conditions not undex the contxol of the Contxactox will
pexmit the pe:foxmance of the p=lncipal units of wo=k unde=way
fox a continuous pexiod of not ]ess than T houxs between S a.m.
and 6 p.m. One day will be cbs=ged against the contxact wa=king
time when weathe= conditions will ps=mit 7 houxs of woxk as
delineated above. A pttncipa! unit of work sha]! be that unit
which cant=als the completion time of the con:tact. Nothing in
this definition shall be const=ued as p=ohtbiting the Cant=acta=
f=om wa=king on Satu=doys if he so desires and has the app=ovo!
of the Engtneex. ~o=k on Sundays will not be pez~nitted (except
in cases of ext:eme eme:gency and then only with the ~=itten
pezmtsston of the Engines=}.