2060 RES CITY COUNCIL AT REGULAR MEETING ON 8TH DAY OF SEPTEMBER 1980 APROVED ADVERTISEMENT FOR BIDSRESOLUTION NO. 2060
WHEREAS, the City Council oE the City of Paris, did at its
regular meeting on the 8th day of September, 1980, approve the
advertisement for bids for furnishing and installing one fiberglass
fuel storage tank at Cox Field, which bids were received until
10:00 o'clock A. M. , Wednesday, October 8, 1980; and,
WHEREAS, the best bid for such construction project was
made by Heuberger, Inc. , 1430 South Church Street, Paris, Texas,
75460, and it should be awarded the contract for such construction;
and,
WHEREAS, the form of contract for such construction project
is attached hereto as Exhibit A, and such form should be approved;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, Ihat the bid of Heuberger, Inc. , for furnishing and install-
ing one fiberglass fuel storage tank at Cox Field, within 55 conse-
cutive calendar days, in the amount of $14, 000. 00, is hereby
accepted and let, conditioned upon said contractor meeting all of
the terms and specifications included in the bid documents; and,
BE IT FURTHER RESOLVED, That the Mayor of the City of
Paris, Michael E. Malone, be, and he is hereby authorized and
directed to execute on behalf of the City of Paris the contract for
furnishing and installing one fiberglass fuel storage tank at
Cox Field, upon the terms and conditions and in the form shown
in Exhibit A attached hereto, with Heuberger, Inc.
Passed and adopted this 13th day of October, 1980.
Michae E. Malone, Mayor
A TTEST:
H. C. Greene, City Clerk
7APPROVED 7'O FORM:
T. K. aynes, City ttorney
STANI RD FORM OF AGREEME:
As Adopted By
THE TEXAS SECTION OF THE AMERICAN SOCIETY OF CNIL 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~A MA R
THIS AGBEENiENT, made and entered into this 13th day of October A. D. 19 g 0 , by and between the CITY OF PA R IS
of the County o Lamar
f and State of Texas, acting through
its Mayor, Michael E. Ma one,
--thereunto duly authorized so to do,
Party of the First Part, hereinafter termed OWNEh, and_HEUBERGER, INC.
af the City of Paris County of Lamar
and State of Texas , 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:
Furnishing and installing one fiberglass Euel storage tank at Cox Field
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
Darrell W. Gunn, P. E. ,
herein entitled the ENG1NF.FR, each of which has t>een identified 1>y the CONTKACTOR and
the F;NGINEER, together with the CONTRACTOR'S written Proposal, the General Conditions
uf the Agreement, and the Performance and Payment Bonds hereto xtk.iched; all of which are m<ide
apxrt hereof and coliectively evidence xnd con,titute the entire contract.
SF-1 0 by Texn Sectlon, ASCE 1971
EXHIBIT A
to RESOLLITION NO. 2060
The CONTRACTOR here' agrees to commence work within tF "10) days after the date
written notice to do so shall have been given to him, and to substanLially complete the same
calendar days
55 wmrNxgxkax 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 WITIv'ESS WHEREOF, the parties to these presents have executed this Agreement in
the year and day first above written.
CITY OF PARIS HEUBERGER, INC.
Party of the First Pari (OR'NER) Party of the Second Part (CONTftACTOR)
By:__ By;__
ATTEST: tc ae E. a one, ayor ATTEST: W---illiam. Ueu--ergr,- rF-esiTent
H. C. Greene, City Clerk Teresa Heuberger, ecretary
APPROVED AS TO FORM:
T. K. Haynes, City ttorney
SF-Z Q Dy Teia 4rtion. A.St;E 1971
PR.OPOSP.L
iG
'i'FxE CI':'Y OF PARIS, TEXAS
rOR 'r'liF2NT5F'i.NG Ah'D INSTAI,LIT7;
OtdE
FIBERGLASS FtJEL, STOR.1,GE; TA?v'K
r'1`~'
b
COX I•'Ik:LLi, PAk?IS, TEXAS
The undersigned as Ei.dr?er, cleclare s that the only gerson o_- ~~rti
in th~a P ,.~es ;_-~terested
roposa1 as PsincipaI.s arn_ those r,amed hereir,, that this Proposal is
made wit.hout collusior, with ar.y otl-:es- pArso.;, firm or corpo.ration; that he has
carefully examined the lacation 'and classes c:f mate.rials af the praposed wor}c,
and ayrees tha.t he wi11 provide all the necessa;y labor, mar.hinery, toals,
apparxtur sna other items irci.denta1 tc cor.structac:i, ar.d will do a1 l trie wcr};
4:nd furnish all the materials called for in tt;e Cont?-act: and Specificatioris
in the r:tanner on P13n and a5 prescribed here3r,.
The Fzopo,,a2 incXudes a lun'p siam bid fcr furnis"r,ir:g and inStalZing one under-
grourid fibergl_ass tuel storage tan};, with filler aryd vent: pipir,g outlets,
and other fitLings a;s required, complete with inlet and outlet cap.>, accorci-
=.ng to Plar.s and Speci..f..ications.
zr is understoccl and agreed that the work is to be coanpleted in full within
forty-five (45) calendar ciays.
Accompd71y111C3 t.h1S P2'Ot)GSc'3.1 1S ci
v.i.c ro-°'CZ"~
Q=aar) (Bi.d Bond) in the amount nf Dollars (a
BID SCFiEDULE
Item APPrcxi_mate 7tem with ~
Ncq~7az~tities t'r.it ~ Jnit Total
Lnit Bi..d Frices Bin Price Bid Price
Furnish anO ir.stall ar.e
10,000 ga2lon fi:berglass
fuel s±:orage tank, with
appurtenances, romplete,
7'he sum of Fctzi +et:ai
Thousan~ v
Dollars and
Cents per Lump Sum ~
;`1y,000-00$ 14,000.00
`I'{J lP.L E3 10 , iJ Uj . 0
t?- i.
Ttie work proposed to he dar-ia sha1.1 k,e ac•cept_ed and F?aid :`or in ore f.inal lump
sum payr,ent when all work i.s full.y cc>rnpieted and fit:ished in accordance with
F'lans and Spec.i_fications, to ttin satisfa.r..ticn of the City Erigineer.
NC'TE: Lump Sum pric:es n2USt be <>hcwn in worc?s and figuYe.s for a.rez:; listed in
The Proposal, and ir; the event of discz-epar.cy, c,,e words _,hall cni:trol.
kecei.pt is hexeby acknowlec?ged cf the ; oli;,r,JYng A,±r1er; aa tn Car:trart
Uoc_°tuner.ts : -
Addendum Na. 1 Date
_ I2eceived
Addendum P1o. 2 Oatei„`y_,_ Received
?;eubencer., I ic.
Cc~'~ 4rac
---o~-
Preti d er.t
14 3 0 ;3aut,-i Churc'rl S t.
lStreet and At3c,ress
t>a.r is, '.PexaS 7 ~ 460
City and State
ceal of Autrorization
(If Corpcration)
4
P-?
NOTICE TO BIDDER
The City of Paris will receive sealed proposals for furnishing and installing one
Fiberglass Fuel Stazage Tank to be located at the Minicipal Airport, Cox Field
Paris, Texas.
Sealed Bids addressed to the Mayor and City Council, Office of the City Manager,
City of Paris, Texas, P.O. Box 1037, whicFi will be received until 10:00 A.M.,
Wednesday October 8, 1980„ at which time all bids received will be publicly opened,
tabulated and referred to the Mayor and City Council for consideration at the
City Council Meeting to be held on Monday October 13, 1980.
Propasals shall be accompanied by a Cashier's or Certified Check upon a National or
State Bank in an amount not less than fi.ve per cent (5%) of the Total Maximum
Bid Price, payable without recourse to The City of Paris, Texas, or a Bid Bond
in the same amoiutt from a reliahle surety coinpany, as a guarantee that Bidder
will enter into a contract within ten (10) days after Notice af Award of Contract
to him.
The right is reserved, as the interest of the owner may require to reject any and
all Bids, and waive any informality in Bid Received.
Plan, Specifications and Bidding Documents may be sucured from the Office of the
City Manager, Municipal Building, Paris, Texas.
t3o deposit will be required.
CITY OF PARIS, TEXAS
BY: /s/ Robert W. Soko11
ROBERT W. SOKOLL
CITY MANAGER
PERFORMANCE 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,
administrators, executors, successors and assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract with the Owner,
dated the 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-
fications, 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
Q by Texaz Section, ASCE 1971
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
Yrincipal
~
Title
Address__.__-
By
19
Surety
The name and address of the Resident Agent of Surety is :
PB-2 o bY Te- SI't,ll. ASCF 1971
PAYMENT BOND
STATE OF TEXAS
COUNTY OF
KNOW ALL MEN BY THESE PRESENTS : Tha
_ of the City of 9
County of , and State of ~ a8
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 :
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 Princi.pal 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 terma of the contract, or to the work performed thereunder, or the plans,
specifications or drawings accompanyirig tk±e same, shall in anywise affect its obligation on this
PB-3 Q) by Texu 3ecUon, ASCE 1971
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
Addre
By
Addres
Surety
The name and address of the Resident Agent of Surety is :
PB-4 0 e~ s,,t,,,„NSCE 1971
TABLE OF CONTENTS
FOR
GENERAL CONDITIONS OF AGREEMENT
1. Definition of Terms
Page
1.01
Owner, Contractor and Engineer . . . . . . . . . . . . . . . . . . . .
. . . . . . G-1
1.02
Contract Documents . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . G-1
1.03
Sub-Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . G-1
1.04
Written Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . G-1
1.05
Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . G-1
1.06
Extra Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . G-1
1.07
Working Day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . G-1
1.08
Calendar Day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . G-1
1.09
Substantially Completed . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . G-1.
2. ResponsibiliLies of the Engineer and Lhe ConLraclor
2.01
Owner-Engineer Relationship . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U-2
2.02
Professional Inspection by E'ngineer . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U-2
2.03
Pavments for Work . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . U-2
2.04
Initial lleterniinations . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U-2
2.05
Objections
..............................U-2
2.06
Linesand Grades
U-2
2.07
Contractor's lltity and Superintendence . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U-2
2.08
Contractor's Understanding . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U-3
2.09
Character of Workmen . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U-3
2.10
Contractor's Buildings . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U-3
2.11
Sanitation
..............................U-4
2.12
Shop Drawings
..............................(;-4
2.13
Prelimirary Approval . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U-4
2.14
llefects and 'I'heir Remedies . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U-4
2.15
Changes and Alterations . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (_,-5
Ueneral Uhligatio>ns and Hesponsibilities
3.01
Keeping of Plans and Specif'ications 2'1ccessihle . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . .G-5
3.02
Ownership ot' I)rawing5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . .G-5
3.03
Adequacv of Uesign . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . .G-5
3.04
Kight of1`ni r.~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . .G-5
3.05
C<>llatcral ConLracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . .G-5
3.06
Uiscrepancies iiiid C)in;ssic,ns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . .G-5
3.07
I",clLiipnlent, til~iterials aucl C<,nstrucli<>n 1'lant . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . .G-5
3.08
ll<un<<ges
..................G-6
1( 1-~ 0 by Texaz Sectfon, ASCE 1971
3.09
Protection Against Accident to Employees and the Public . . . . . . .
. . . . . G-6
3.10
Performance and Payment Bonds . . . . . . . . . . . . . . . . . . . .
. . . . . G-6
3.11
Losses from Natural Causes . . . . . . . . . . . . . . . . . . . . . . .
. . . . . G-6
3.12
Protection of Adjoining Property . . . . . . . . . . . . . . . . . . . .
. . . . . G-6
3.13
Protection Against Claims of Sub-Contractors, Etc . . . . . . . . . . . .
. . . . . G-6
3.14
Protection Against Royalties or Patented Invention . . . . . . . . . . .
. . . . . G-7
3.15
Laws and Ordinances . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . G-7
3.16
Assignment and Subletting . . . . . . . . . . . . . . . . . . . . . . .
. . . . . G-7
3.17
Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . G-7
3.18
Contractor's Liability Insurance . . . . . . . . . . . . . . . . . . . .
. . . . . G-8
3.18.1
Certificate of Insurance . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . G-8
4. Prosecution and Progress
4.01 Time and Order of Completion . . . . . . . . . . . . . . . . . . . . . . . . . . G-8
4.02 Extension of Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G-9
4.03 Hindrances and Delays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G-9
5. Measurement and Payment
5.01
Quantities and Measurements . . . . . . . . . . . . . . . .
. . . . . . . . . . . G-9
5.02
Estimated Quantities . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . G-9
5.03
Price of Work . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . G-9
5.04
Partial Payment . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . G-10
5.05
Use of Completed Portions . . . . . . . . . . . . . . . . .
. . . . . . . . . . . G-10
5.06
Final Completion and Acceptance . . . . . . . . . . . . .
. . . . . . . . . . . G-10
5.07
Final Payment . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . G-10
5.08
Payments Withheld . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . G-10
5.09
Delayed Payments . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . G-11
6. Extra Work and Claims
6.01
Change Orders . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . G,11
6.02
Minor Changes . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . G-11
6.03
Extra Work . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . G-11
6.04
Time of Filing Claims . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . G-12
6.05
Arbitration . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . G-12
7. Abandonment of Contract
7.01 Abandonment by Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . G-13
7.02 Abandonment by Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G-14
T('~_2 Q hy Texss Section, ASCE 1971
t
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 person to the individual or to a member of the firm or to an officer of the corporation
for whom it is intended, or if delivered at or 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.
G_1 Qc by Texu Section, ASCE 1971
2. RESPONSIBILITIES OF THE ENGINEER AND THE CONTRACTOR
2.01 OWNER-ENGINEER RELATIONSHIP. The E'NGINEFR 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 will advise and consult with the OWNER, and all of OWNER'S
instructions to the CONTRACTOR shall be issued through the ENGINEER.
2.02 PROFESSIONAL INSPECTION BY ENGINEER. The 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 therewith. 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 approval of an application for payment to CONTRACTOR shall not be deemed as a
representation by ENGINEER that ENGINEER has made any examination to determine how or
for what purpose CONTRACTOR has used the moneys paid on account of the Contract price.
2.04 INITIAL DETERMINATIONS. The ENGINEER initially shall determine 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.
G'2 Qr b~'Cezu Section. ASCF. 1971
The CONTRACTOR is and at all times shall remain an independent contractor, solely
responsible for the manner and method of completing his work under this contract, with full
power and authority to select the means, method and manner of performing such work, so long as
such methods do not adversely affect the completed improvements, the OWNER and ENGINEER
being interested only in the result obtained and conformity of such completed improvements to
the plans, specifications and contract.
Likewise, the CONTRACTOR shall be solely responsible for the safety of himself, his employ-
ees 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 construction, 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 ineans
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.
G'3 O C, Texaz Saction, ASCF. 1971
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-
TOR 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
promptness 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-
ness, 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
assume 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 omission 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 work, should the CONTRACTOR
proceed with such work without requesting prior inspection or approval 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 so 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.
`j-4 Qc ey rexas secuon, nsce 1971
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 :'i "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 saA_ie
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 CONTR,ACTOR 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.
G-5 Q 6y Texu Section, ASCE 1971
3.08 DAMAGES. In the event the CONTRACTOR is damaged in the eourse 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, therebv
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 indepenaent 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 StTPPLIES. 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 macliinery 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
G-6 o ey 1- S-0,,,,, AsCe 1971
nature hereinabove designated have been paid, discharged or waived. If the CONTRACTOR fails
so to do, then the OWNER may at the option of the CONTRACTOR either pay directly any
unpaid bills, of which the OWNER has written notice, or withhold from the CONTRACTOR'S
unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such
lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged,
whereupon payments to the CONTRACTOR shall be resumed in full, in accordance with the terms
of this contract, but in no event shall the provisions of this sentence be construed to impose any
obligation upon the OWNER by either,the CONTR,ACTOR 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 use of any design,
device, material or process covered by letters patent or copyright by suitable legal agreement
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 suits and claims
and 'shall be responsible for all such loss when a particular design, device, material or process or
the product of a particular manufacturer or manufacturers is specified or required by the OWNER;
provided, however, if choice of alternate design, device, material or process is allowed to the
CONTRACTOR, then CONTRACTOR shall indemnify and save OWNER harmless from any loss
on account thereof. If We 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 wtiere 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 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 CONTRACTOR further agrees
that the subletting of any portion or feature of the work, or materials required in the performance
of this contract, shall not relieve the CONTRACTOR from his full obligations to the OWNER, as
proviaed by this Agreement.
3.17 INDEMNIFICATION. The CONTRACTOR shall defend, indemnify and hold harmless
the OWNER and the ENGINEER and their resnective officers, agents and employees, from and
against all damages, claims, losses, demands, suits, judgments and costs, including reasonable
attorneys' fees and expenses, 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,
G_7 Qc by Texu SecUon, ASCE 1971
(2) Is caused in whole or in part by any negligent act or omissian 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, regardless 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 maps,
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 INSURANCE. 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 by 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'S compensation claims, disability benefits and other similar
employee benef;t 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 claims 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 sliow 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 -vork,
and estimated dates of completion of the several parts.
G'Q Q by Iexu Seclion ASCE 1971
v
4.02 EXTENSION Or fIME. Should the CON'TRACTOR bt ..elayed in the completion
of the work by any act or neglect of the OWNER or ENGINEER, or of any employee of either,
or by other contractors employed by the OWNER, or by changes ordered in the work, or by
strikes, lockouts, fires, and unusual delays by common carriers, or unavoidable cause or causes
beyond the CONTRACTOR'S control, or by any cause which the ENGINEER 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
order of the OWNER) during the progress of any portion of the work embraced in this contract.
In case 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
5.01 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 be furnished under this contract, they are approximate and are to be used only as a basis for
estimating the probable cost of the work and for comparing the proposals offered for the work.
It is understood and agreed that the actual amount of work to be done and material to be furnished
under this contract may differ somewhat from these estimates, and that where the basis for
payment under this contract is the unit price method, payment shall be for the actual amount of
such work done and the material furnished.
Where payment is based on the unit price method, the CONTRACTOR agrees that he will
make no claim for 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
under this contract and the estimated quantities contemplated and contained in the proposal;
provided, however, that in case the actual quantity of any major item should become as much
as 20% more 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 total 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
by the terms of this Agreement, as provided under "Extra Work."
5.03 PRICE OF WORK. In consideration of the furnishing of all the necessary labor,
equipment and material, and the 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
conformity 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,, Tex~ Sed-, ASCE 1971
5.04 PARTIAL PAN .._r:NTS. On or before the lOth day of eau.. 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 10 per cent of the amount thereof,
which 10 per cent shall be retaiiied 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!!v 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 the 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 the CONTRACTOR on or after the 30th dav, 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 the 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 o b, 5ea-, ,sCk 1971
(a) Defective woi iot remedied.
(b) Claims filed or reasonable evidence indicating probable filing of claims.
(c) Failure of the CONTRACTOR to make payments properly to sub-
contractors or for material or labor.
(d) Damage to another contractor.
(e) Reasonable doubt that the work can be completed for the unpaid
balance of the contract amount.
(f ) Reasonable indication 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 fullj 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,
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 irr, 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:
G-11 co bY Texu sect,o,. ASCE 1971
Method (A)-By oreed unit prices; or
Method (B)---By agreed lump sum; or
Method (C)-If neither Method (A) nor Method (B) be agreed upon before
the Extra Work is commenced, then the CONTRACTOR shall
be paid the "actual field cost" of the work, plus 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 necessarily
incurred, together with all power, fuel, lubricants, water and similar operating expenses, also all
necessary incidental expenses incurred directly on account of such Extra Work, including 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-
mant 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 insists upon its performance,
the CONTRACTOR shall proceed with the work after making written request for written order
and shall keep an accurate account of the "actual field cost" thereof, as provided under Method
(C). The CONTRACTOR will thereby preserve the right to submit 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
shall reply within thirty (30) days to such written exceptions by the CONTRACTOR and render
his final decision in writing. In case the CONTRACTOR should 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 after the date of delivery to CONTRACTOR 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
Cj'12 Qc by Texu &ction, ASCE 1971
by the two arbiters so selected; or if the arbiters fail to select a third within ten (10) days,
he shall be chosen by a 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 final and binding on him. Should the other party fail to
choose an arbiter within ten (10) days, the ENGINEER shall appoint such arbiter. Should either
party refuse or neglect to supply the arbiters with any papers or information demanded in
writing, the arbiters are empowered by both parties to take ex parte proceedings.
The arbiters shall act with promptness. The decision of any two shall be binding on both
parties to the contract. The decision of the arbiters upon any question submitted to arbitration
under this contract shall be a condition precedent to any right of legal action. The decision of
the arbiter or arbiters may be 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 azbiters 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 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 tne 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 inen 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, 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 a newspaper having general circulation in the county of the location of the work, may
let the contract for the completion of the work under substantially the same terms and conditions
which are provided in this 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 Q Dy Texu Secoon, ASCE 1971
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 OWNER to exercise
ordinary care to protect such property. After fifteen (15) days from the date of said notice the
OWNER may sell such machinery, equipment, tools, materials or supplies and apply the net sum
derived from such sale to the credit of the CONTRACTOR and his Surety. Such sale may be made
at either public or private sale, with or without notice, as the OWNER may elect. The OWNER
shall release any machinery, equipment, tools,= materials, or supplies, which remain on the work,
and belong to persons other than the CONTRACTOR or his Surety, to their proper owners.
The books on all operations provided herein shall be open to the CONTRACTOR and his Surety.
7.02 ABANDONMENT BY OWNER. In case the OWNER shall fail to comply with the
terms of this contract, and should fail or refuse to comply with said terms within ten (10) days
after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or
wholly abandon the work, and may remove therefrom all machinery, tools and equipment, and
all materials on the site of work that have not been included in payments to the CONTRACTOR
and have not been wrought into the work. And thereupon the ENGINEER shall make an estimate
of the total amount earned by the CONTRACTOR, which estimate shall include the value of all
work actually completed by said CONTRACTOR (at the prices stated in the attached proposal
where unit priceg 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 balan.ce due the CONTRACTOR by deducting
from the above estimate all previous payments by the OWNER and all other sums that may be
retained by the OWNER iinder the terms of this Aereement and shall certify same to the OWNER
who shall pay to the CONTRACTOR on or before thirty (30) days after the date of the notification
by the CONTRACTOR the balance shown by said final statement as due the CONTRACTOR,
under the terms of this Agreement.
G-14 o bY Texw Se«,on, ASCE 1971
SPECIAI, CONDITIONS
SC. 1 GENERAI,
The Provisions of this section of the 5pecifications shall govern in the
event af any csar.flict between them and the "General Conditions of Agree-
ment."
SC. 2 ET7GINEER
The word "Engineer" in these Specifications shall be understood as referring
to The City Engineer of the City of Paris, Engiileer of the Owner, or
Tnspector as may be authorized by said owner to act in any particular
position.
SC. 3 LOCATION OF PROJECT
TY2is project is located at the Municipal. Airport, Cox Field, Paris, Texas.
5C. 4 SCOPE OF WORK
The work to be performed under triis contract consists of furnishing and
installing one underground 10,000 gallon fiberglass fuel storage tank,
with concrete base, Ballast Aggregate Material, and other appurtenances,
according to Plan and Specifications.
SC. 5 TIME ALLOTTED FOR COMPLETION
The time allotted for completion of all work shall be forty-five (45)
consecutive calendar days, which time shall begin on the tenth (lOth)
Day after issuance of a writteri Work Order by the Enaineer, to proceed
with the constructi.on of the project.
SC. 6 FORMS, PLANS, AND SPECIFICATIONS
Forms of Proposal, Contracts, P1ans and Specifications may be obtained
at the Office of the City Manager, 135 lst Street S.E., Paris, Texas.
No deposit will be required.
SC. 7 AWARD OF CONTRACT
The City of Paris will notify the successful bidder, in writing, within
ten (10) days after the date of receiving Bids, of its acceptance of
his Proposal. 'Phe Contractor shall complete the exeucition af .r.equired
contracts within ten (10) Days of such Natice.
SC-1
SC, 8 LIQUIDATED DAMAGE FOR DELAY
The Contractor agrees that time is the essence of this contract, and
for each day of delay beyond the number of calendar days herein
agreed upon for completion of the work herein specified and con-
tracted for the Owner may withhold, permanetly from the Contractor's
total compensation, the sum of fifty dollars ($50.00) per day stipulated
damages for such delay.
SC. 9 EXAMINATION OF PROJECT SITE
Prospective Bidder shall make careful examination of the site af the
project, soil, and water conditions to be encountered, improvements to
be protected, disgosal site for surplus materials, and as to method
of providing ingress and egress to the construction site, and method
of handZing vehicle and aircraft traffic during construction o.f the
entire proje<:t.
SC. 10 QUALIFICATION OF BIDDER
Before being awarded a contract the l.ow bidder sl-iall submit such evidence
as the EngineEr may require to establish his experience, and possessior
of equipment as may be needed to prosecute the work in an expedious,
safe and satisfactory manner.
Should the J.aw bidder fail to produce evidence satistactory to the
Engineer on any foregoing points he may be disqualified and the work
awarded to *2ze next low bid so qualifying.
SC. 11 ADDENDA
Bidder desiring further information on, or interpretation of, The Plans
or Specifications must make request for such information to The Engineer
prior to 48 hours befpre Bid Opening. Answer to all such requests will
be given in writing to all bidders, in P.ddendum Form, and all Addenda
will be bound with, and made a part of the Contract Documents.
SC. 12 COMPLIANCE WITH CODES AND ORDIIvADICES
All work perfarmed under this Contract shall meet or exceed the minimum
requirements of the NaL-ional, State, arid City Building Codes and
Ordinances.
SC. 13 RIGHT-OF-WAY
The owner wzll provide right-of-way for the purpose of constructing the
improvements in case it is necessary ta change or move the property
af any Public Litility, such property shall not be moved or interfered
with until vrdered to do so by the Fngineer.
SC-2
SC. 14 TRA;JE NAMES AND MATERIALS
No materials which have been used by the Contractar or others sha11 be
incorporated in the structure or improvemer.t.
Where the material is specified by a trade or brand name, it is not
the intention of the owner to discriminate against an EQUAL Product
of another manufacturer, but rather to set a definite standard
quality or performance, and to establish an equa2 basis for the
evaluation of Bids.
SC. 15 PROJECT MAINTENANCE
The Cantractar shall maintain and keep in good repair all work contem-
plated under this Contract, for the safe operations of the airport.
SC. 16 EXISTING STRUCTIJRES AND UTILITIES
The Plans show the location of all known surFace and subsurface
structures_ I3owever, the owner assumes no responsibility for failure
ta show a.rxy ar all of these structures on the Plans, or to show them
in their er.act location.
SC. 17 DISPOSAL OF hASTE OR SURPLliS EXCAVATTON
All surplus excavation, materials, and debris of the contractor's shall
be removed from the construction site and disposed of in a manner
approved by the Engineer.
SC. 18 GUARANTY AGAINST DEFECTIVE WORK
The Contractor shall furnish warranty in writing indemnifying the Owner
against any zepairs which may become necessary to any part of material
or construction arisin.g from defective workmanship, for a period of
cane (1) year from date o£ final acceptance of the entire project.
SC. 19 INSURANCE
The Contractor shall obtain, and maintain during the life of the Con-
tract, and provide copies to the owner, of the £ollowing insurance
policies which shall be obtained from the insurance company licensed to
do business z.n the State of Z'exas. Insurar.ce policie> shall be obtained
by the Contractor and approved by the owner prior to the commeneement
of the work.
(a) Gvorkmen's Compensation and Employer's Libaility Insurance
Workmen's Compensation and Employer's Liability Irisurance in the
amount and terms required by applicable st.atute for all_ employees
in work an the project under this contract, and in case of such
work sublet, the contractor shall reciuire the subcontractor
similiarly to provide Workmen`s Compensation Tnsurance f.or all the
latter`s employees to be engaged in such wcr}:.
SC- 3
(b) Public Liability and Property pama e
The Contractor's Public Liability,Insurance shall amount to
not less than $100,000.00 for injuries, including accidental
death, to any one person, and subject to the same limits for
each person, in an amount not less than $300,000.00 on account
of one accident, and contractor's property damage insurance
in an amount of not less than $500,000.00.
SC. 20 STATE ANU CTTY SAI,ES TAXES
The Cor.tractor's attEntion is directed to Amendment No. 7 to Sectian
6a, Article 20.01, Chapter 20, Title 122A Taxation-General of the
revised Civil Statutes of Texas.
This amendment provides that all items of materials used or consumed by
a contractar, whether incorporated into the project or not, can be
purchased free of State and City Sales Tax when the project is being
performed foz an exempt agency. Included are equipment rentals and
other items which are consumed by the contractor but are not incorporated
into the project.
This contract is issued by an Agency which qualifies for exemption
pursuant to the provisions of Article 20.04 (f) of the Texas Limited
Sales, Excise and Use Tax.
The contracfior performing this contract may purchase, rent, ar lease
all materials, supplies, and equipment used or consumed in lieu of the
Tax, said exemption certificate complying with State Camptroller's
Ruling # 95.0.07. Any such exemption certificate issued by the Con-
tractor in Iieu of the Tax shall be subject to the Provisions af the
State Comptroller's Ruling # 95.0.09 as amer.ded to be effective
October 2, 1968.
SC, 21 BARRICADES, LIGFiTS AND WATCHMEN
The Contractor shall, at his own expense, furnish and erect such
barricades, fences, lights, and danger signals, and provide watchn,en
when necessary, and other precautionary measures for the protection
of gersons or property, and of the work as are necessary.
SC. 22 WAGE RATE
All employees of the Contractor on the work to be performed under this
Contract shall be the minimum in compliance with the Civil Statutes
af The State af Texas and to conform with U.S. Department of Labor
E4iplayment Standards Administration, in accordance with provisions of
the Davis-Bacor. Act_
SC-4
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TECHNICAL SFECIFICATIONS
FOR
FIBERGLASS FUEL STOf2AGE TANK
PART I GENEf2AL
1.01 RELATED FdQRK
A. Cast-in-place, 3000 P.S.I. 12-inch Concrete Floor.
B. Eye - Bolts shall be 12-inch with 6-inch in concrete, see Plan.
C. Other related work - excavation, ballast material, backfill,
steel pipe outlets for vent, filler and dispersing system.
1.02 QUALITY ASSURANCE
A. Acceptahle Manufacturers: Owens-Corning "Fiberglas" or like
items.
B. Governing Standards:
1. Proposed ASTM Standard Draft No. ld, dated September 15, 1977.
2. Underwriters I,aboratories, Tr,c. (U.L. )
File M H 7991 dated October 13, 1965.
For storage of flammable liquids as updated under U.L.
Follow-up Service in letter of January 15, 1976.
3. National Fire Protection Association (NFPA 30) Flammable and
Combustible Liquids Code and (NFPA 31) Standard for In-
stallation of oil burning eguipment.
PART II PRODUCTS
2.01 Fiberglass-reinforced polyester underground storage tank.
A. Loading Conditions - Tank shall meet the following design criteria:
1. External hydrostatic pressure: Buried in ground with 3" of
overburden over top of tank, or as shown on Plans. The hole
fully flooded and a safety factor of 2:1 against general
buckling.
2. Internal Loads: Tank shall withstand 3-5 P.S.I. Air Pressure
Test with a 5 to 1 safety facter.. Test prior to installation,
Since the design conditions to t.est for leakage.
3. Tank shall be designed to snpport accessory equipment such as
Urap Tubes etc. when installed according to manufacturer's
r.ecommendations.
TS-1
B. Produet Starage R.equirement:
1. Tank muL;t be vented.
2. Tank shall be capable of storing liquids with specific
gravity up to 1:1.
3. Tank shall be capable of storing liquids up to a maximum
temperature of I500 F.
4- Tank shall be chemically inert to petroleum products.
C. Dimensional Requirements (Refer to Owens-Corning Literature
or Like Items on Gallonage).
1. Piominal capacity of tank shall be 10,000 gallons See Plan.
2. Nominal outside diameter of tank shall be 8 feet.
3- Approximate overall length of tank shall be 301-8".
4. Tank shall be equipped with a Standard 22" manway opening
and cover.
2_02 Accessories
A. Anchor Straps - Provide and install fiberglass-reinforce>d
plastic anchor straps for tank shown. Number and location
of st.raps shall be as specified by m.anufacturer; each tank
diameter as shown:
( 25,000 Lbs.)
B. Certification Plate Underwriters Laboratory Labe1 shall be
permanently affixed to tank.
C. Location - Refer to drawings far location of tank.
D. Fill Tubes
1. Tubes shall be steel pipe, with outside terminal caps.
2. Tubes shall be factory installed, 4" diameter, and shall
include a 6" Steel Fitting with a double tapped reducer
bushing to 4 diameter.
3. T:,ocation - Refer to manufacturer's specifications.
4. AlI tubes shall be standarcl items as manufactured and in-
stalled by tank manufacturer.
E. Fittings - Threaded - NPT.
T5-2
1. AI1 threaded fitt:ings on U.L. labFled tanks shall be of a
material of construction consistent with the requirements of
the U.L. Label. All fittings to be supplied with cast iron
plugs.
2. All threaded fittings are 4" in diameter and shall be half
couplings, reducers are to be used for smaller sizes where
required.
3. 5trength - NPT Fittings shall withstand a minimum of 150 foot -
gounds of Tork and 1,000 pounds bending each with 2:1 safety
factor.
F. Liftinq Lugs - Provide lifting luqs on tank. Lugs shall be capable
of withstanding weight of tank with a safety factor of 3 to 1.
PART III INSTALLATIGN
3.01 Installation and testing
A. Tank sha.ll be tested and installed according to the current
manufacturer's installation instructions provided with the
tank.
B. Ballast Backfill Material - Shall be naturally rounded agyregate
1/4" nominal size, rar.ging from 1/8" to 3/4" diameter, c2ear_
and free of foreign materials.
TS-3