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N ro Ali $ h~ V o DENTON, TEXAS DRAINAGE IMNROVEMGNTS S)IMIFICATIONS AND CONTRACT DOCUMENTS FOR Mq CONSTRUCTION OF PECAN CRE;roK CHANNEL IMPROVEIENTS SECIITON 1 CONTRACT N0. 62.2 dune 1962 FREESE, NTCHOLS AND CNDRESS CONSUMNO ENOINEERS FORT WORTH, ,"'ERAS INDEX INVITATION FOR BIDS a INFORMATION AND S11XIAL INSTRUCTIONS TO BIDDERS b PREVAILINO WAOL RAMS r PROPOSAL i CONTRACT AORU M M l PEI RFOR14ANCE BOND 3 PAYMEN'T' BOND ~ MINERAL CONDITION;; OP THE AOREEMPiNT 7 LETAIL SPUIPICATIUNS Item No. 100. Coneral Requirements Item No. 101 Clearing Item No. 102. Excavation and Fill Item No. 1,01 Concrete Item No. 101 Channel Paving Itom No, 105 Channel Slorm Protection INVITATION FOR BIDS TeXAS Sealed proposals addressed to 110mor B, Bly, City Manager of Denton, will e 10,00 A.1cM,, Juloffice 1962 fore thCit ftiner in the e construction and completion of the followings CONTRACT N0. 62-2 PECAN CREEK CHANNSM IMPROVEMENTS SECTION 1 At this time and place the proposals will be publicly opened and read aloud, Any bid received after closing time will be returned unopened. Copies of Plans, Specifications, and Contract Doouments are on file and may be examined without charge in the office of the City Manager. Documents may be procured from Freese, Nichols and Erldresa, Coneustiag ongineere, 407 Danoiger Building, Fort Worth, Texas upon a deposit of (,;10,00, which deposit will be refunded if the Plane and Contract Documents are returned in good condition within 10 days after the date for receipt of bids. A cashier's check, certified check or acceptable Bidder's bond pa Able to the City of Denton, Texas, in an amount not lose than five 0% per cent of the bid submitted must accompany each bid as a guarantee that, if awarded the contract, the Bidder will, within ten (10) days of award of contract, enter into a contract and execute bonds on the forms provided in the Contract Documents, Attention is called to the fact that not less than the prevailing wage rates as established by the City of Denton, Texas, and as herein. after set forth in the Contiaot Documents he reinbefore described and which are made a part hereof, must be paid on 6his project, A performance bond and payment bond, conditioned upon the faithful po,^form- once of the contract and upon payment of all persons supplying labor or furnishing materials, will be required. In case of ambiguity or look of clearness in stating proposal prices, the City of Denton, Texas, rer-orues the right to adopt th6most advantageous construction thereof, or to reject any or all bids, and waive formalities. No bid may be withdrawn within thirty (30) days after data on which bide are opened, CITY OF DENTON, TBUS Romer B, Bly City Manager a INrORMATI'ON AND S~Ec,TAL r=NSTHUC'I'1oNS To }3rnarR5 A.a~~,x~ of Soirkt The work to be performed under thin contract consists of gearing, channel excavation, channel bottom and slopo paving, and sodding,, of channel side alopen. er I4n C,le e. of o tionsI Bidders are expected to examine the site of work and familiarize t M lvos with all conditions which might affect the progress and/or cost of the work involved under this contract, C. Tirres~ of Cam let o the Owner desires the work to be completed at the earl, ci st-poogible date, Bidder shall indicate his time of completion in the space Provided in tl:i Proposal. In the event the Contraotor fails to Complete the project within the time set forth in the Proposal, the Owner may withhold Permanently from the payments to the Contractor the sum of Fifty (50,OOnollars per day as liquidated damages, as set forth in Sontion 4,04, page 17 of the Cleneral Conditions of the Agreement, n` L3. ?O I Bids shall be made on the blank form attached and the Com. Pletti3 documents returnod with the bid, Bids not so made will be considered out of form, )v, 1314 Seauritxe Each proposal must, bH acoomPanlod by a certified check or accoptabf; bid bond in an amount, aqua], to at least five (5%) per cent of the amount bid as a guarantee that, if awarder) a contraot, the bidder will execute such contract within ten (10) days in the form hereto attached and make bands of one hundred (100%) per cent of the contract price, F, Performance Bon a With the execution and delivers, of the contract, the Contractor sha furnish performance bond for the full amount of the contract, Bond shall be executed by an approved surety company authorised to do business in the State of Toxaa, and acceptable according to Cho latest list of companies holding Certificates of Authority from the Secretary of the Treasury of the United States of America. o p msnt 13otia t In addition to the performanoe bond, the Contractor shall Krninh~~" p y'm t bond for the full amount of the Contract, Payment bond shall be executed by an approved surety oompany authorized to do business in the State of Texas, and acceptable according to the latest list of' com. panies holding Certificates of Authority from the Secretary of the Treasur3° of the United Staten of America, b H. Inter retution of i i.fio ti.onsr Any question as to the meaning of any epooifioation will be answered by Addendum which will be sent to all who have been furnished with the plans and specifications, I, Ri ht~o. t-4la.vr The City will pzovide, without cost to the Contractor, all necessary right-of-way or eaeoments required for the projeot, Any damage done outside of right-of-way shall be paid for by the Contractor. The City will not assume any responsibility for any damage to personal property. In general., the limits of the work area along the channel will be 30 Peet back of the proposed top of channel elope on each side of the channel, J. C an a of Locations No change in the alignment is oontemplatedi how. Aver, s ould a change be necessary, the Owner reserves the right to make such change; unless it can be clearly shown that such change works an undue hardship on the Ce.ntraotor, no extra compensation will be allowed the Contractor, K, pPLUe~rty.Protootionr The Contractor will be expected and required to protect all property`o'buildings, bridges, roadways 'fences, livestook, etc. All gates shall be left in the condition they are found, 1,.e49 looked gates shall be kept looked at all times except when in actual use, closed gates shall be kept closed, etc. L. "al Ratest The Labor Classifications and Minimum Wage Rates set forth bsl'o`wjeve been predetermined by the City of Danton, Texas, in accordance with statutory requirements, no being the prevailing olassifi- cations and rates, and shall govern on all work performed by the Contractor or any sub-contractor, M, blate.r for Construotionr The Contractor shall make his own arrangements for water used under this contract. In the event it is desired to purchase water from the City of Denton, the City will designate which fire hydrant the water is to be taken from and will install a meter thereon. The Contractor must furnish all other necessary valves, piping, fi,;;+ngs, and labor required to make the connection at his expense. City rates that will ba charged for this water are as foll.owsr First 39000 gallons per month 6 $0,90 Mr 1,000 gallons. Next 7,000 gallons per month 0 $0,55 per 1,000 gallons. Next 209000 gallons per month @ $0.45 per 19000 gallons. Next 50,000 gallons per month 4 0,37 per 10000 gallons, All over 80,000 gallons per month 6 ,0,39 per 11000 gallons, A source of water that will be acceptable for all purposes except for use in concrete is the effluent from the City sewage treatment plant which discharges into pecan Creek approximately 1/2 mile east of Woodrow Lane, All facilities required for removing the water from Pecan Greek at this point shall be at the Contractor's expense, 0 N. )3xistinsr Uti].irt„ieo 1. Cioneral: In the preparation of the Plans, the general location of certain utiderpround utility lines which are known to the Engineer, have been shown. It is possible that some main utility l.inoc have not been shown, and no attempt has boon mado to show sorvice linos, Hence, it is not guaranteed that all utility lines or structures are shown on the plans. 2. Pelooation of Q sting Utilities: All utility lines that are known to lie in a looation that will interfere with tho construction of any part of this project will be moyod to a new location by the Owner at no cost to the Contractor, Should it be necessary to relocate other utility lines discovered in tlw ocuroe of the work, the respective utility owning the line or lines will relocate the line or lines at no coat to the Contractor, The Contractor shall notify the utility concerned a suffioinnt amount of time in advance and provide suitable access to the work so that a minimum of inconvenience to all parties concerned is affected. 3. Pr tectionof L isti C Facilities: where excavation onr?Angers adjacent structures and uti ltnos, hntractor shall at hie own expense carefully support and protect all such structures and/or utilities so there will to no failure or settlement, Tn case damage to an existing structure or utility oceure, whether failure or settlement, the Contractor shall restore the structure or utility to its original condition and position without compensation from the Owner, 0, State, Salgs Tom: The City of Denton, 'texas, qualifies as an exempted agency under t~ Limitod Saloo, Excise and Use 'tax Rules and Regulations of the State of Texas which set forth regulations on the e9 tax on sales in Texas. So that the City and the Contractor may be exempted from payment of the 2% sales tax on materials purchased and installed on this project, the Contractor will be required to submit to the City prior to the final estimate a statement or bill setting forth the total cost of the materials purchased for inatallati.on separated from the total, cost of the skill and labor ser- vices required for their installation. Itemized quantities for each typo sand size of materials is to ire included in the material cost billing. The sum of theoo two costs shall equal the total and final cost of the project. Upon receipt of this statement, the City of 'Denton will, then issue a Certificate of Exemption to the Contractor that he may pass on to hi,d sup. plier. In the event that the total. material cost on the project is loss than $1,000.00, the above procedure will be optional to the Contractor. P. P_aymont: Payment will be made in acodrdanca with the provisions of the Do tail Specifications. Partial payments will be made in aooordanoe with the General Conditions of the Agreement, Attention is called to the fact that maintenance of the soddod channel side elopes will be required by this Contractor until June 1, 3.963, Cinal inspection and acceptance of the project will be made as soon as it has been completed in aooordanoe d with Plana and Speaifioations, The lump sum of $51000,00 will be withhe'id from the final payment, however, and this lump sum will he paid on June 11 19631 or as soon thereafter as the sodded ohannol slow tiro again in oondition to be aoaeptable to the Engineer. e PRPVAILINO inm RATES IN THE LOCALITY OF THIS PROJECT FOR LABORLrRS, VIORKMCN AND MCCHANXCS Cl.aeAtion Hourly Rate Air Tool Man $1.00 Aephalt Ileaterman 1.50 Asphalt Raker 1,50 Asphalt Shoveler 1,25 Batching Plant Scaleman 1.35 Aatterboard Setter 1,40 Carpenter, Rough 1.60 Carpenter Helper, Rough 1.25 Concrete Finisher (Paving) 2+00 Concrete Finisher Helper (Paving) 1.25 Concrete Finisher (,Structures) 1.375 Concrete Finisher Helper (Structures) 1.25 Concrete Rubber 1425 Fireman Form Builder (Structuren ) 1'25 Form Builder Helper (Structures 1.2 1,25 Form Liner (Paving and Curb) 5 Form Setter (Paving and Curb) 1.75 Form Setter Helper (Paving and Curb 1.25 1.25 Form Satter (Structures) Form Setter Helpor (Structures) 1'75 Laborer, Common 1.25 Laborer, Semi..Skilled 1.00 Manhole Builder, Driok 1'25 Mechanic 1.50 Mechanic Helper 1.50 Oiler 1.25 Painter (Structures) 1.25 Painter Ilelper (Structures) 1'75 Piledrivorman 1415 Pipe Layer 1.75 Pipe Layer Helper 1.15 Pneumatic Mortarman 1,15 Powderman 1.30 Powderman Helper 1,50 1.25 POWBR TIQUXPMCNT OTERATORS1 Asphalt Distributor 1.50 Asphalt Paving Machine 1.50 Bulldozer, 80 H.P. and less 1125 Bulldozer, over 80 H, P,, OR Y 1.75 Bulldozer, over 80 }I. P,, OR 11 1.55 Conorote Paving Curing Machine Concrete Paving fin,i,shing Machine 1'50 Conoret.o Paving Form Grader 11.50 Concrete Paving Gang Vibrator 50 1,25 f Cla~fi.oatlon Hourly Rate WI&R G UIPMt NT PLRATQ0 : (Cont'd) Concroto Paving do1nt Machine $1.25 Concrete Paving Longitudinal Float 1.50 Concrete Paving Saw 1.25 Concrete Paving Spreader 1.50 Concrete Paving Sub-Grader 1,50 Crane, Clamshell 9ackhoa, derrick, dslino, ahovol, (less than 11 C.Y.) OR 1 1.50 Crane, Clamshell baokhoo, derrick, d'line, shovel (lose than 11 C,Y.) OR it 1,375 Crane, olamshell, backhoe, derrick, d'line, shovel (If C.Y. & over) OR 1 1,75 Crane, clamshell, baokhoo, derrick, d'line, shovel (lad C.Y. & over) OR 11 1,50 Crusher and Screening Plant Operator 1450 Dumptor 1.25 Elevating Grader 1.75 Corm Leader 1,25 Front End Loader 1 C.Y. and lees) 1,35 Front End Loader (aver l C,Y, 1.50 foist Double Drum and leas) 1.50 Hoist over 2 drums) 1.75 Mixer (ovo r 1.6 C. F. ) 1.50 Mixer 16 C.I1, and less) 1.25 Mixer (Concrete, Paving) 2100 Motor Grader Operator, OR 1 2,00 Motor Grader Operator, OR II 1.75 Paint Striping Machine 1,30 Pump Crete 1,35 Roller, Steel Wheal (Plnnt-Mix Pavement) Rollers Steel Axel (Other) 1.30 Roller, Pneumatic (Self-Propelled) 1.25 Scrapers (7 C,Y, and less) 1,375 Scrapers (over 7 C, Y.) OR 1 1,75 Sorapera (over 7 C.Y. OR 1I 1.55 Side Boom 1.60 Tractor Crawler Typo 80 H.P, and loss 1,30 Tractor Crawler T pe) Over 80 H,P, 1,50 'Tractor (Pnawnatio~ 80 H,P. and loss 1100 'Tractor ((Pneumatic) Over 80 II.P. 1.40 Traveling Plant (Stabilization) 1175 Trenching Machines Light 1.40 Trenching Machines Heavy 1.65 Vagon Drill 1,25 Reinforcing Steel Setter (Paving) 1,25 Reinforcing Stool Setter (Structures) 1,50 Reinforcing Steel Setter, Helper 1110 Steel Worker (Structural) 2,25 Steel, Workers Helper (.Structural) 1,95 9 Clps ific=un Hourly Kato Spreader Pox Man Swampor ?1.25 1.10 TRUCK jURIVaRs Single Axlo 1,00 Tandem Axle and Semi-Trailer 1.10 Lowboy 1.25 Transit..Mix 1.25 Winch 1.25 Vibrator (Nand Typo) 1.10 Weighman (Truth Soalon) 1.20 Welder Welder, Helper 1.50 1.25 C0101TATION OF =002 N 8-H0UR DAY The Wages of sach laborer and mechanic onpagod in work on the Project under this Contract shall be computed on a basic day rate of 8 hours per day$ 8 hours continuous employment; except for luuoh perioda, constituting a days work. Legal holiday work shall be paid for at the regular governing per diem wage rates.. Work in excose oC 110 houra per week ohall be paid for at 11 times the basic rate of pay. .WORK ON SUNDAYS AND) L90 NOLTDAYS The Contractor will not be permitted to work on Sundays or Legal Holidays except in an emergency and then only upon written permi,scion of the Engineer, No work on any contract item will be permitted before daylight or later than one hour after sundown. h PROPOSAL Denton, Texas July 6 1962 PR -WAL OF' e J ne an individual trading ae____gWlea g, Jones To the City of Denton, Tsxaa,l' Pursuant to Invitation to Bidders, as published, the undersigned pro poeea to furnish al labor, materials, and •quipont, and perform all work for the oonstruof+.on of the Peoan trsak Channel Improvements, Contract No. 62-2, in strict accordance with thr sttaohed apscitications and acoompany_ in$ planet, for the following prices, to-wits ITEM ESTIMATED MSCRIPTION UNIT PRICE TOTAL BID .QUANTITY (Prima to bs Writtgn in Words) (Fi urss VA"Ma 10 lamp Sum Clearing of Site within limits shown on Plane, the lump sum of S Uteen-j- unand Five Hundred and 100_ Dollars $l6 0,00 $ 1b, 500,00 2 459700 C,Y, Exoavation, thtolassified, at No, Jug A& Fifty Two Cents ka3mtut Per Cubio Yard $ 0.....:, $ 23,764.n0 3 8,460 S,Y. Paving of ohannel bottom, complete in place forte And 2211W ....~ollars per Square Yard $,x.27 $v16.124,20 i ITEM ESTIMATED UPISCRIPTION UNIT PRICE TOTAL DID J9•._ _ QUANTITY (Prioes to l~ W,~ittsn in Words) (Figures) (Figures) 4 3,490 S,Y, Paving of channel aide slopes including drainage system and toe walls, d=plete in place for Paur and z9I109 , llara per Square Yard $_4,27 $ • 5 8,3 Aorta Rye grade seeding, fertilizing, watering, and maintaining channel elopes until March 15, 1963, .000-Mundrod Six and no/100 Dollare per Aore $160.00 $ i.32_._, B8do.,,. 6 8,3 Acres Bermuda grass reeding, fertilit_ ing, waturing, and maintaining channel slopes from march 15, 1963 to June 1, Three_ undyed Forty anal... w n01100 Dollars per Aire $ 2.M.00 7 39360 S,Y. Paving of channel bottom, between Sycamore Street and Hiokory Street, oomplete in place far Four and ?7/700 .Dollars per square Yard $1.22 $~20 - 8 3,940 S,Y, Paving of channel side slopes including drainage system and toe wallet between Synaggro Street and Hickory Street, complete in place for .Z' Dollars per Square Yarn $.4,27 $16.821 RM j The City of Denton reserves the right to delete Items 7► and 8 from this Contreoej however, should these items be included, the quantitles for Items l., 5 and 6 will be adjusted based on actual work performed. .k 0" a .<r ITEM ESTIMATED DESCRIPTION UNIT PRICE TOTAL BID N I (Price.--to. be Wr tten in W Fi urea (Figume) TO'T'AL AMOUNT BID ( Items 1 thru 6) $103,26000 TOTAL AMOUNT BID (All Items) $195,151.50 ~ * Awarded The undersigned bidder agrees to commence work within ten (10) days after the date of written notice to commence work and to subatuntially com. plete the work on which he has bid within working days as defined in Paragraph 1.07 of the Derr ral Conditions-Of t Agreemront. for Enclosed with this Proposal is oashierts check )r osrtified chock ($,.,,r„`„r,^,,,, Dollars, or a Proposal Bond in the suer of ralM _ ) Dollars which it is agreed shell be ooll*oted and retiined by Kd-b~"r as liqu~:letsd damages in the event this Proposal is accepted by the Owner within thirty (90) days after the date advertised for the reception of bids and the undersigned fails to execute a contrary and the required bonds with the Owner, under the conditions hereof, wi,tt, ten (10) days after the date said Proposal is accepted; otherwise, said check or bond shall be returned to the undersigW upon demand, The undersigned hereby deolares that he has visited the site and has oarefully examined the Contraot Documents relative to the work covered by the above bid. Bidder aoknowledgea rer„r,ipt, of the following Addendat Respeotfully submitted, Charles B, Jones Route 1. (Seal if Bidder is ovd. Texas a Corporation) Address aY 'l IIMI Do not detach Proposal fro... Contraot Documents k July 6, 1.962 Mr. Homer B, My City Mariager Municipal Building Denton, Texas Rel Contract Documents Pecan Creek Channel Improvements Section 1 Contract No. 62-2 Dear Mr. Bl.y: Reference is made to Bid Itet; Nos, 5 and b in the Proposal covering the seeding of the project with rya and/or bormuda grass. The Pro- posal provided that "The City of Denton rosorves the right to dolete Bid Item Nos. 5 and 6 from the Contract." It is our understanding that, the City dosiros to dolay the exercising of this option until the project is nearing completion in order to determine the beet planting procodure for that seasonal part of the year. This is to advise that we will tie agreeable to the City exercising this option at a later (late; providing wo receive instructions in time to carry on our construntion work without delay, We would expect to receive a decision on theso two items at least three weeks prior to our completion of "final grading" of a ohannol, section. Respectfully oubmitted, CHARLES B, JONES , 6t - Charles B, Jorfnf Owner DMON, TEXAS DRAINAM DIPROVf MATS MAN CRFEK C1{ANNM MIPROM.Mi P~rrS $RCTION I CONTRACT NO. 62»2 A + Q R NQ. 1 Bids to be Openedt 10100 A. M,, July 6, 1962 rte' 1. Prooosal, page 11p a, Change description of Item No. 5 to read, "Rye grass seeding, fertilizing, and watering channel slopes b, Change description of Item No, 6 to reads "Bermuda rasa Se9ee3di~ng, fertilizingr and watering channel slows on or about March 150 oe Add following to note at bottom of pAget "The City of Denton resezves the right to delete Items 5 and/or 6 from this contract." 21 ITM NO. 105 - CHANNEL, SWK, PROTW'TION at Paragraph "All - Delete references to maintenance of both rye and bermuda grass covered slopes, b• Paragraph "E11 Eliminate entirely and replace with the folloingl "E, Ynitial RSA flroutb) This Contractor shall be responsible for acquiring an initial, solid caves of rye growth on the slopes, All watering required, after tits tnitial watering specified in Paragraph r'Da above, to initiate the starting growth of the rye grass shall be at the Contraotor's expense, The City of Denton will assume maintenance of the slopes at such time as a solid cover of rye growth is assured," at Paragraph 11011 - El.iminats entirely and replace with the followings This Contractor shall be responsiblo for re-smoothing the channel sropoe as covered in Paragraph III' above, and for acquiring an initial solid growth of Bermuda grass on the channel elopes, including all watering required to germinate the coed, Final acceptance of the slopes will be made as soon as a solid cover of Bermuda grass growth is assured, with no washes or eroded places in the slopes deeper than 7-inches." d. Paragraph 'V1 - Eliminate entirely and replace with the followings "M Msasureman+amt PA=An s 10 BYAJ A a g2414s Sowing of ryo grass on the channel slopes will be paid for at the unit price bid per Aare of surface area, with measurements made on the slope and the acreage calculated to the nearest one tenth acre. This payment will be full compensation for all elope repairs, smoothing, fertilizers seed, and watering required to obtain an initial solid cover of rye grass on the slopes. 2. Hermu~a mass a,~..„ems Sowing Bermuda grass seed on the channel slopes will be paid for at the unit prius bid per acre of surface areas with measurements made on the slope and the acreage calculated to the nearest one-tenth acre. This payment will be full compensation for all slope repairs, smoothing, fertilizer, aged, and watering required to obtain an initial solid cover of Bermuda grass on the elopes." $+ANIg~ 34P Sheet No. 7 - CHANNEL PAVINQ MVAILSs no Eliminate Section "B-B", chasing typical joint details and substitute the revised joint detail attached hereto, b. Change the expansion joint spacing noted on the "CONCRETE PAVINQ - PLAN" from 40+„011 to 801-0" center to center, Bidder shall acknowledge >,,ooeipt of Addendum No, l in the space provided in the Proposal. FREESEs NrOi Uq AIID ENDRF.SB Consulting Engineers Fort Worth, Texas dune 27s 1962 F'REESE, NICHOLS & ENDRESS QONNULTINO ENgINKC1IB 61'x 6# 4/6 111're Mesh PrAmoulded Expens/on ,/olnl ' r Mr~ler+ivl , as 5peclFied E'xf end rhidkened 5ls6 dr V to Inside Edge of roe' Wells, Crlend Joinl PHer VerliC2/lr Through bdire roe WO//. Ming REV1FED JOWT 0ETA/L ..,..~.»~ua.;•.u~:a eaazr.ee~trtaam.~innr-.--s+*~+»e.r=+-.-zar.~r~r-na*+>a•s-~-•wr-x-s.-te a-w,a......._ 060TOU I-EYAs PLC CAU C4)669 C94 k16 141PAV0VE10 E4IT9 secrlv,u x CUUTP4CT uo. 6e-e 4DO E kl ouM uo, x --Mai CONTRACT AOREER NT STATE OF TEXAS ~ COUNTY OF C 11TON THIS AOREEMENT, made and entered into this day of A, D, , 19 1 ? , by and between GIV of A of the County of Dentgn and State of Texas, acting through its } , thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and G?l1Uf'1M of the City of _ DaMd , County of and State of ...._bav Party of the Second Part, hereinafter termed CONTRACTOR, WITNESSETHI That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of thu First Part (OWNER), and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second fart (CONTRACTOR) hereby agrees with the said Party of the First Part (OW16) to commence and complete the comvtruotion of certain imp"ovements described as follows$ INoan Cr"k Clw:u~ol , :vtrotaen a. ^~aotiican No * 624 and all extra work in connection therewith, under the torms as stated in the Oeneral Conditions of the Agreement) and at his (or their) own proper oast 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 cnndi- tions and prices stated in the proposal attached hereto, and in accordance with all the General Conditions of the Agreement, and in aooordanca with the 3-5»62 1 pl.nns, which inr,iudes a,l.l maps, plats, bluoprints, and othor drawings anct printod or written oxpInnatory mattor thereof, and t;ho :treoifications there- for, as prepared by VRKESE, NIC110M AND BO HM, horol n entitled the ENGINEER, oaoh of wh.ieh ha;3 boon ldontlfied by the CONTRACTOR and Uri ENGINUR, to- t;ethnr with the CONTRACTOR':; written Proposal, the Onnoval. Conditions of the Agrooment, and the Performance and Payment Bonds ieroto attaehodl all of which are made a part hereof and eol.lootively oviclornco and constitute the entire contract. The CONTRACTOR hereby agrees to commerren work within ten (10) days after the date written notice to do so shall ha ~ givon to him, and to substantially complete said work within Of) W0 rN days after the date ostablished In tho written noti.oo to commence wor~<, HI ,)ect to such exten- sions of time as are providod by the 0oneral and 5poci al. Condi.t,ions. The OWNER agrees to pay the CONTRACTOR in aurrortt funds the pries or prioes shown in the proposal, which forms a part of this oontraot, such payments to be sub,joot to the Genoral and Spccinl.Conditi.ons of the contract. IN WITNESS WHEREOF, the partios tr, theso prononts have executed this Agroement in the year and day first above written. ATiMT , i'L~ ~ Chat' 4~' ~lCl~~ _'1!1~]t1►q Party of the First Part, OWNER (SEAL) ATTEST-. PArty of the Soaond Part, CO1111ACT0Rr 13y ~l ~tvt~4. Titto (SEAL) 3-5.62 2 PERFORMANCE BOND STATE OF TEXAS COUN11Y OF DEW03 KNOW ALL MEN BY THESE PRESENTS: That CksM1C10f ~3ttei® , of the City of - jY.,srci, , County of I'd L .-o and State of , q'ovgm t as PRINCIPAL, and Mt4gkUt i1UALU Qkumn- 11 - ► as SURETY, authorized under the laws of the State of Texas to aot as surety on bonds for principals, are held and firmly bound unto the City, of r*vtw, -w - r as OWNER, in the penal sure ~y ~ Of -Ow l111s<Y~~ ty.1iLn 7'}In+er.,y~ (]tie :iti.vl a / Dollive for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, exeoutors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Prino 4al has entered,~nto a certain wr'tten contract with the OWNER, dated the , h/ dny of , for the construction of ~I'eaan crook r,1,:L Yr2`ovonx~n~`n .ktettl » C~,,,~,fln : ~la..G2~~ which contract is hereby referred to and made a part haroof as fully and to the same extant as if' copied at length herein. NOW, VIEUF'ORt;, THE CONDITION Ole THIS' OBLIGATION IS SUCI(, that if tho said Principal, shall faithfully perform raid Contract and shall in all respects duly and faithfully observe and perform all and singular the oovenants, oonditi,ons 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 moaning of said Contract and the Plane and Speoi.fi- cations hereto, annexod, then this obligation shall be voidl otherwise to remain in full fcrao and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article ;160 of the Revised Civil. Statutes of Texas as amended 3-5-62 3 by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same oxtent as if it were copied at length herein, PROVIDED FURTI{ER, that if any legal action k(j filed upon this bond, venue shall lie in L*nt4x1 County, Sf.nto of Texas, Suretyp for value received, stipulates and agrees that no change, extonsion of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, speoifioations, or drawings aocompanying the slime, shall in anywise affect ite obligation on this bond, and it does hereby waive notice of any such ohange, extension of time, alteration or addition to the terms of the oontraot, or to the work to be perl.ormed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have Ill- sealed neand this instrument this day of 19 C W 1) • J * captlifttal C""itlY Cam principal Surety nny 1 , Title C"llas h# djs~ g. Uwagr Title Address Routs Address (SEAL) {SEAL) The name and address of the Resident Agent of Surety is., Note= Date of Bond must not be prior to date of Contract, 3-5-62 4 j PAYMENT BOND STATP; 01" TRXAS ~ ~11OUNTY 01.1 MUM KNOW ALL MEN 13Y THESE PRESENTS. That (Illm .es Dt Jo of the City of__D2e , County of ht , and State of _ Tmra~ as 1'RI.NCIPAL, and Cop i lital (tLwrfri X=4 1 way Tilina , as SURE`PY, Authorized under the laws of the State of Texas to aot as surety on bonds for pri.noipals, are held and firmly bound unto the "l,v Of DI&MO m 0 an OWNER, in the penal sum of ft Jlutdled TMr& 010 &W N1 00 Dollars ( 1. gj51 5Q for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, exec- utors, euoceasors and assigns, jointly and severally, by these presenter WHEREAS, the Principal has entered into a certain written oontraot with the Owner, dated the day of , 19 , for the oonstruotion of 1x qu- Crook Cll~str>t!1 ~Gn~rrnw~zyrtltay 1 ~e1 ~ - Contmot Nd. 624,2 which contract Is heroby referred to and made a part hereof as fully and to the eame extent as if oopied at length herein. NOW, THEREFORE, THE CONDITION OF 11110 OBLIGATION IS SUCH, that if the :laid Prinoi.pa'l shall pay all claimants supplying labor and material to him or a auboontractor in tho proseouti.on of the work provided for in said ocntraot, then this obligation shall to voId; otherwise to remain in full .throe and offeotl 1'R)VIDLD, HOWEVER, that this bond is executed purauant to the pro. vi.eioo!i of Article 5160 of the Rov+sed Civil Statutes of Texas as amendod by acts of the 56th Logialp,ture, Regular Sossion, 1959, and all liabilities on this bond shall tx~ dete;-mined in acoordanoo with the provisions of said Artiolo to the Sarno extent as if it were copied at Length horein. 1'ROVIDID FURTHER, that if any legal notion be filed upon this bond; vonuo shall 1ie in 11W On County, Statr of Texas. 3 ~~G2 5 f Surety, for value rsoeived, stipulates and agrees that no ahange, extension of time, alteration or addition'to the terms of the oontvaot► or to the work performed thereundor, or the plans, Hpooifiaations or drawings accompanying the same, shall in anywise affect Its obligation on this bond, and it does hereby waive notice of any such ohango, extension of time, alteration or addition to the terms of the oontraot, or to the work to be performed thereunder, 05'~ ay 3a 1o'finoip; ` c' ,Surety hav19 e 4, X and sealed this Instrumentigthis', the Clutarlo~ 1~► Jotters t1t r principal Surety _VP Ily Title _,_Chri~ap ,i?n~o._ ?f3lr TitI ~a r;~ l Address_ 1tcKlt~p 7 Addrose oYtt 15 (SINAI,) (SEAL) The name and address of tho Ronidont Agent of Surety ist Note. Dnto of Bond must not bo prior to date of Contraot, 3-5-G2 6 , GENERAL COM)ITIONS 011' AGRx;E 'N'I' l.. DEFINITIONS 010 TERMS 1.01 - OWNER, CONTRACTOR Aiw? LiTN1;ER. The OWNER, the CONTRACTOR and the RVITNEER are those montionod q.q ouch in the Agreement. They are treated throughouc•che Contract Doouments an if each were of the singular number and masculine gondor, The ENGINEER shall be understood to be the ENGINEER of the OWNER or hire duly authorized repro sontativo. 1.02 CONTRACT DOCUMENT;;, The Contract Documents ehnll. consist of the Notice to Bidders Advertisement for Bids), Instruotionn to M.ddors, Special Provisions or Special. Conditions, Proposal, Contract Agreemont, Performance Bond and Payment Bond (when requir%rd), Spooial Bonds (whon requi.rod), Oenoral Condil;ions of the Agreement, Toohnioal Spooif:iontions, Plans, and all, modifioations thereof in- oorpnratod in uy of the documentn before the execution of the arroomont. The Contract Documents are oomplemontary, and what is called for by any one shall be as binding as if called for by all. In the event of a conflict in the Con- tract Documents, the CONTRACTOR shall call the oor.+!'liot to the ENGXNEERIS atten- tion in writing and he shall decide the conflict in writing, and the ENCIN8 R+s dooision shall be binding. 1121- SUI3.CON MC'rOR4 The term Sub-oontrtrotor, an employed herein, includes only those having a direct contract with the C(A-,TMA0TOl6 1._0l► ..W111'I'7'EILAO'~Cyt, Written notice shall. be degmod to have boon (July nerved if delivered in person to the individual or to a member of the firm or to an officer of tha corporation for whom it is intundod, or if delivered cl, or sent by rogintovod mail to the last buninons addroan known to him who givoo tno nctioob j,t(Zj_,•F,} U@ Unless otltorwino ot.pulatod, the CONrRACTOR shall provide and pay for. All matorial.n, nuppliea, maehincrys equipment, tools, suporintcndonno, 111bor ineuranoo, curd all. water, light,.powor, fuel, transporbLion , and other faoil- ition and services noonneary for Lho execution and completion of the work covered by tho oontraot documents. Unloas otherwise specified, all materials shall be now and both workmanship and materiels shall be of a good quality. '['he C,09PRAC. TOR ehall, if requirodg furnish natinfactory evidence an to taro kind nnrl qual- ity of mnturialn. Materials or work doscrtbod in wcrrdo which no appl,iod Buys a well. known technical or trade moaning shall be hold to refer to suois rooog- nized standards, JjX5 W0RKtNU 11AY. A "Working Day" i.s defined as any day nof, Including ;atur- days, Sundays or any legal holiciayn, in which weather Will. permit construction of the principal units of tho work for a porlod of not Inns than seven M hours betweon 7100 a.m, and 6:00 p.m. ].07 CAL1 N ? y., A "Cnloridar Day" is any day o1' tho week or month, nn tlrryn being oxoopted. Z.9E3 WORK WEEK. The "Work Week" shall consist of a period of Roves (7} suoaess- ive oalendar days to begin and end as specified by the CONTRACTOR, 2.09 SUBS TANTTAI,L COMPLETED, By the torro ubstuntiail.y Completed" in meant that the structure or facility has been made suitable for uno and all construe- tion rrompleted eaospt for minor repairs or miscellaneous work, which while in progress will not, interfere with the CYNER+S use and ocoupanay of the structure or .facility, 2. CONTROL 011' WORK x,01 LINES AND DE . Unless otherwise speoifie+d, all lines and grades shall be furnished by tho ENOINEER. Whonevor necessary, aonetruotion work shall, be suspended to permit performance of this work, but such sunpennion will be as brief 'as praotioablo'And the CONTRACTOR 'ailail`be allowed no oxtra oornponsation therefor. The CONTRACTOR shall give the OWNER or the ENOVIM ample notion of the time and place where lines and grades will be needed. All stakea, marko, eto., shall be oarofully preserved by the MURACTOR, and in ease of oaraless destruation or removal by him or his employees, suoh stakes, marks, oto.~ shall be replaced at the CONTRACTOR'+S expense. x.02 ENOINEER,IS AUTHORITY AND DUTY. Unless otherwise specified, it in mutually agreed between the par'R66 to this'AEro6ment f.hat the ENd1NEtS+t shall nupervi.se all work included herein. Ile has the authority to stop the work whonovor much stoppage may be necessary to insure the proper execution of the oontraot. In order to prov6nt dol.a s and diaputes and to discpurngo litigation, it is furthor agreed that tho'ENOIN~EI? shall in 611 oason dotoeminn the Amcuntn and r#ttantition of the several kinds of Fork which nra to bn paid for undto, thin contract, He shall determine all questiono in roIntion` to naiad work nrid tho oonntruct.ion thereof, and shall in all canon dooido every quentlon whi.oh may nriso I,ol.ntivo to the execution of this oontraot on the part of ittiai CONTRAIt'1'OR. T'hn I;Nt,i Nl;itiEt+; ostimatae'and findings shall: be the aorlditinns prrocodont, tt, rho right of the parties horru,, to arbitration or to tiny action' on ti(? oontrnot,, and to any K-Lghtn of the OON IU, OR to receive any money under thi!r eontractt providod, howovcr, that shou'ri the I,NOTRER rendor any docini.on or give any direction which, in the opinion cf either party harato, is not in accordanoo with the meaning, and intont of this oo0,ract oithor party may file with said ENOINBER cri.thin fifteuri (l5) days his written objection to 'the dooinion or direction so rondored, and by such action may ronorvo the right to nubmit tho quastion so raisod to nrbil.rn.. tion as horoin provided. It in tho intent of this apruomorit that there shall, be no delay in the execution of the workt thoreforoi the writton dAcision or dircetiona of the ENOINEER an Pondered ahnll bo promptly oarri.od outo and nrty claim Arininq `thorofrom shrill. be thoroaftor nd,juntod by arbitration as horoin- aftor provided, Tho ENGINE R shall, within a roasonablo time, reridor And dol.ivar to both the OWNER and the CON'TRACT'OR a writton dooision on all claims Of rho partias here- to and on all questions which May Ariso ralativo to the axecuton of the work or rho interpretation of the oo,;t.raot, spoclfioatiorla anti plans. Should'tho 1.5-62 H ENGINEER Sail to mako such decision within .a reasonable time, an appeal to arbitration may be takon as if his deoi.siort had boors rendorod against the party appealing;. ,hienever the word:; "dircatod", "requi, d", "pormJ.Ltod", "(Igcr:igiiated", "oon- sidorod necessary", "proscribed", or word!; of 1Iko Import aro used, it shall be understood that the direction, roqui,romont, perm.eroi.on, ardor, designation or prescription, of the ENGINEER Is intended; and clmilarl.y, the words "approv- al", 'raooeptablo", "satisfactory", or words of l.i,ke import. ,3hall mean approved by or acceptable or satiofaotory to the 1'N(IINEUR. .03: 3_lJp) RZN'P Np,NNCE AND INSI'I U1.0 It is agrne,d by ttse CONTRACTOR that the ENOINEER shall be and is, hereby authorized to appoint from time to time suoh subordinate engineers, supervisors or inrpectors ar, the said ENGINE811 may deem proper to inspect the matavinl furnishod and tho work done under this agreements and to sea that thus said material is furninhad, and said work is done in nooordanoo with the spocifiaritions tharnfor, The CONTRACTOR shall furnish all reasonable aid and ansiotnnoo roquirod by thca nubordinato engineers, supervisors or inspoatore for the proper.innptation anu r}xamina- tion of the work. The CONTRAC'T'OR shall regard and obey the dirootiono and instructions of any subordinate ong;ineern, suporviraorn or indpeotore:no appointed, when suoh directions and instructions are oansi.rttent with the obligations of this Agroometit and the accompanyi.ng;, plrtns and speci.fioationsl provided, howover, should the CONTRACTOR object to any order by any subordi- nate engineer, supervisor or inspector, the CONTRACTOR may within nix (6) days make written appeal to the ENOINEER for hin dooision. 2o04 CONPRACTO t DUTY AM SUj'FRIN'l'EMA E6 The C;ONTRAC'-TOR shn1l give per. sonAl'attention to the faithful, prosecution and completion of this contract and ehal.l, koop on the wo:k, during, its pros;rose, n compotont nuperintonlont and any nooonnary assir3ant, all satisfactory to the NNOTNEM, 'file supori:n- tondent shall roproneit the CONTRACTOR In his abrsanro nrncl al,l;direoLions given to him shall be an h i.ndi.ng; an if' given to tho CONTRACTOR. 2,rQr U 'i'If opjn U I)a S'1' NDINU. I1i, in undorstood and agreed that tho CON- TRAt11'OR hats, by av,rof'ul cxrunination, natisfiod Wansolf tin to the nature rind location of tiro work, the conformation of Lho ground, Lho aharactor, rpiali.ty and quantity of the matorials to be onoountorod, tho oharaotor of equi,pinr)nt and facilition needed preliminary to rind during the proneoutlon of the work, the general and local. conditiona, and rill, o+,hor matturo which anti in nny way affacL the work, under this contraot. No vo:,bal. agroemonl; ar eonvorsaW,on with any of'Si:oor, agent oil umployeo of the ;MOINEER or the OWNER, oi.thor be- fore or aftor the execution of thin contract, shall. affect no modify nay of Lho torus; oil obli-gat'ions herein oontai,nod. ,o(, 0IIARAf'1'Elt Ui' wOItKiulJ. The CrTliltACTOR rigrreu3 to employ ortly orderly rind oompotent men, eki.llful in tho porformanco of the typo of work roquirod under thin aotntrrrot, to (Io the worki* and agtroot; that whenever tho ENGINR*FIt shall inform h1w in writing that any man or mon on the work are, in hire opinions incompetent, unfaithful, or disordorly, such rrcan oil men shall. tre dischargod from-tho work and shall not ngain.be employed on the work wl,t,hout the ENO.1NEER'S written con.annt, L..0 ~ ll."1-..MO 'i,7 `~R1 1 1J M0_ Tho building of ntructuron for hounirg anon, or the erection of W tents or other forms of proi;ection, will be ;rormiti.orl only at nuah places as the "NOINEEIt shall direct, and tho sanitary oorsditions 3-5-62 9 of tho grounds in or about such structures shall at ^11 limos be maintained in a rinnnor nntisfactory to tha ENGINEER. ?.08 SANTTATxoN. Nooossary sanitary conveniences for the uno of laborers on the work, proporly seoludod from public obsorvation, shall be constructed and maintained by tho CONTRACTOR in such manner and at such points as shall be approved by the ENGINEPI'R, and their use shall be ntrictly unforced. 2.09 SHOP DRAsdINGS. The CONTRACTOR shall submit to the ENOINELR, with suoh promptness As to cause no delay in his own work or in that of any other Con tractor, four copies, unless othorwise specified, of all shop and/or setting drawings and schedules required for the work of the varioun trades, and t',so NNGINFEII shall pass upon thom with reasonable prompt.noss, making desired cor- rootions. The CON'T'RACTOR shall' make any corrections required by° the ENOINFER, file with him two corrected copies and furnish such other oopiee As may be needed. Thu ENGINEER',')' approval of such drawings or schedules shall not relieve the CONTRACTOR from roaponsibil.ity for deviations from drawings or, spboifids,., lions, unless he has in writing called the ENGINMR'O attention to such devia. t ions at the time of submission, nor shall it relieve 'aim from responsibility for orrors of any sort in shop drawings or schedules: 1-10 FIZZ LIMINAIZY APPROVAL6 The ENOINEER shall not have tho power to waive the obL,gations of this contract for the furnishing; by the CONTRAC'T'OR of good material, and of hin pperforming; good work as horoin doncrihod, all in full acoordanou with the plans and spocifictitions. No failuro or omission of the ENGINEER to oondomn tiny defective work or mutorial shAl.1 reloasn tho CONTRACTOR from tho obligatioiln to at once tuar out,`romove and properly ruplaco'the samo tit any timo prior to final aceoptanoe upon tho diucovory of said dofootive work or matori:Al.; providod, however, that the ENGINEER shall, upon'raquent of tho corrRAC'rolt, innp0ct and accept, qualify, or ro,jcut tiny material furniohed, and in overt the material has been onto aocoptod by thp, ENOINE;Lilt I such aocop- Lanco shnl.l. bo bi.rtdi.n(t on Lila OWNER, unless it can be oluarly shown that such matorlal furnishod doos not mold; tho sprWfi,oafl.one for thisl work.. Any quoM,,ionod work may tie ordered Lakt3n up or romovos:t for ro-oxaminat .on, by the XMITNPIR, prior to final aonoptrrnoe, and if found not in noeordanoo with the spocificatlonr Por said work, all'exponse of' roinoving, rc-.oxamination and replaeomont she{1.I bo borne by Lho CONTRACTOR, othorwiso tho oxponso thus in- ourrod shall be aIl.oworl as EXTRA tdORK, AM sha'1:1. br, paid for by the OWNERI pro- vided that, whoro inspocti.on or approval is gpoolfidAlly required by the spoci- ficaticns I,rior ts, TN,rf,Wmanoo of, (jortnln work, should tho CONTRACTOR proceed with such work without, roquv;stinji prior tnspooti.on oil approval.; ho rshall boar all, oxponeso of Laktnir up, 110mo-ring, and roplaoing this work 11 so directed by the [PNOINVER. 21,11 17L1'1±;C'E"3 AND 'I'IIE;TIt CtlsE41~,)Ir"3 It s: furthor agrood that if the work ur any part'theroor, or nny material brought on the sito of the stork for use in the work or nol.ootod for thn same, ;;hall be doomed by the EsNGINEER ,is uneui,t- ab'le or not in conformity with tho speoifieations, the CONTRACTOR shall, a.t`Ler voceipL of writton noLiao theroof from tho hllCTNNLIt, forthwith roaiovo such 3-5-6z 10 material and rebuild or otherwise romody such work ;so that it shall be in full accordance with this contract. 2.12 QUANOES ANp AINERATIONS, The CONTRACTOR furthor ngreou that the OWNER may make such changes and alterations as the OWNER may son fit, in the lino, grade, form, di.moneions, plane, or materials for tho work herein oontemplated, or any parse trereof, either before or after the beginning of the oonstruotion, without- affecting the validity of this contract and the aooompanying perform- anoe and payrurrnt bunds. If such changers or alterations diminish tho quantity of the work to be done, they shall not oonntituto the basis for a claim for damagos, or anticipated profits on the work that may be dispensed with, except an provided for unit price items under Section "Measurement and Payment". If the amount of work in .increased, and the work can fairly be elaesifiud under the npeoifications, such increase shall be paid for according to the quantity actually done and at the unit pr co, If any, established for such work under this oontraot, except as provided for unit price items under Section 5, "Measurement and Pay- ment"l otherwrise', such additional work shall he paid for as provided under Extra Work. In oase the OWNER shall make suoh changes or alterations as make unclose any work already done or material already furni.ohed or used in said work, then the OWNER shall recompense the CONTRACTOR for Any material or labor Be used, and for any actual loss occasioned by such ohangep duo to actual expenses inourred'in proparati.an for the work as originally plnnnorl, 2& RTO}IT Of FNOI EER TO MODTPY Mr;C ODS AND Lr,}E1TPMEj T, If at. any time the mot,hedo or oquipmont used by the CONT tArYrOR are found -t o be l r,adoqua to to securer the quality of work or the ro.Lo of progress roquirad under thin con- tract, the MMOINEER may order the CONTRACTOR in writing to inoroann Choir snfeLy or improvo their character and offioienoy, and the CONTRAC'T'OR Nall nomhl,y with such order, f1' at any ti.mo the working forco of tho CONPRA00k :,3 inadoqunto for nouuring the progrona herein specified, the CON TRAITOR oh i li if so ordorod in writing, increase his force or equipment, or both nu may ho roqui.rod by the E;NOINFER. 1. GENERAL 0£3LIOATION ANO RMPONSIhfLl'1'M 0 KUPIN4 Of' PLAN(83 AN!) SPL;CTh'IfiA''fOhlS Ar;CE~er;i'Cf3i,£1:, The 1N(1TN1AEt ,,hnl1 furnish the CONTRACTOR With an adequate and reanonnblo numlxrr of oopla n of all plann and spooifioations without oxponnr to him, anq the CON'1'IAGTOR shall koop one copy of the nnmo conotantly aoeesnibla on the work, with the latoatrevinionn noted thereon. 102 OWNERSHIP 01' 1)RAWIN101. All draWLngul npecifionti.ono and copies there. of furnished by the 1sP10IN l[;fE shall not ba reusoa on other work, and, with the exception of the nignad contract riots, are, to h, imkrnod to him on roquenty at tho cemploti.on of titer work, All modoln tire, the proixrr'Ly of this OPlNh~1t . 5-5-62 ll. i, .►D IIACX OF' DI.IIGN. SL In understood that the OWNER hol.iovos he has orvloyod competent engineors rand designers. It is, therolbra, agreed that the OWNER shall Ix) ronponsible for Cho ndequacy of the donlgq sufficienoy of the Contraot Dooumantn, the nafoty of the ntruoturo and tho praotioability of Lho operations of the completed projoot; provided the CONTRACTOR has oomplied with the requirements of the, said Contract Documonte, all approved modifi.oa. Lions thereof, and additions and altoraLionn thereto approved in writing, by tho OWNER. The burden of proof of such compliance shall be upon the CONTRAC- TOR to show that he has complied with Cho said requirements of the Contract Dnouments, approved modifications thereof and all, approved additions and alterations thoroto. 34PLt RLOIT 01' NI TjT. The OWNER roserves the right to enter the property or l.oontion on which the works heroin oontraotod for are to to oonatruoted or installed, by such agent or agonts an he may cleat. 11Lr__CSJ ~I.AT) EtA1 CON'PitLIC CS, The OWNER agreon to provide by separate. contract or otherwise, all labor and material: essential to the oomplotion of the work specifically exoluded from this contraot in such manner as not to delay the progress of the work, or damage said CONTRACTOR, inept 'where such delays are speoifioally mentioned elsewhere in the Contract Dooumentae . Q j52REPANIEj AND OMI" IO S. It is further agreed that it in the intent of this contract that all work mint be done and all material must he furnished in aacordanoo with the gcnovally accepted praotioo, As doterminod by the ENOI.. NEER, and in the ovonL of any, r,ti;teropanaiam between the ssparato contract doau.. ments, epeoirioations or drawings, the ENGINEER shall. define which is intended to apply to the work, JJI fsQUrPMI3 K MAT :lC,~}IA~' Q~fU CONS 0 PIANTo Tho CONTRACTOR shall pro. vido all tools, oquipmont, machi.nory, materialn, and construction plant and faoilitiaB nouensavy in tho proneouti.on and ecmplotion of the oontraot, oxcopt an otherwise specifically not forth to ho provided by the OWNER, Thn CONTRAC.. TOR shall be ronponsible for % Caro, pronervati.on, conservation, and pro. Laotian of all matorialn, supplies,:maehinory, equipment, toolno apparatus, aooensori.en, faoilitioc, all means of oonitruotion, and any and all parts of the work, whether the CONTRACTOR has boon paid, partially paid, or not paid for such work, until tho entire work in completed and accepted. fib. P1tO1'ECTION AGAINST ACCIDENT 7'0_JtMt'WERS AND, THE PUBLIC. The t'ONTRAC. TOR shall tako out and prooure a policy or policies of workmon'n oompinna» Lion inauranao with an insurahoo company lioonnod to transact huninann K the Itato of.Toxas, which policy shall comply with th,i Workman's Compensation Law of the :hate of Toxan. `I'ho COMI'RAC'ITOR shall at all. Limos oxeroine rnnaohable precautions for the safety of ampl.oyeon And otharn on or near the work and shall comply with all applicable provinions of Fodaral, .`state and Municipal. safety laws and building and oonstruction codes. All machinery and equi.p- mont and other phynioal hazards nhal,l be guarded in aooordanao with the "Manual of Accident Prevention in Construction" of the Asnoui.ated Ooneral Contractors of Amorica, except where incompatible with F'oderal, Stata, or MuniaipAl laws or rogulntion;:_ The CONTRACTOR ohal.l provide, nuah machinery guards, safe walkways, ladders, bridgen, gangplanks, and other safety devices as may be required as requisite to the provender if accidents, The CONTRACTOR 3.5..(2 19 ~r+r- and hi r; "Urotion shall indemnify end save harrnle, 1,11n OWNER and all his offi.oern, atgonto, and omployE:es from 111 SULUs ar,1,10nn or claims of any character, nnrne twirl dr. ,aription brought for or on ncnouat, of any in,juri.oa or damagos roceivod or auyttinod by any person or poraonr or property, on account, of any noglgont not or fault of CONTRACTOR, hln ngpnto or omployroo, in the execution of said aontrnotl or on nooounl, of I,ho f7dJure of the CON_ TRA,11r0li to provide nenonsrry lmrri.oa(lon, warning lighte or signal and will he required to pay tiny ,judgment, with oostri, which rrvky ho obtained Against the OWNER growing out of such Injury or darnago. 3,09 PIR1,ORMANCPI AND PAYMENT BONDS, rt; i.rs furLhor agrood by the parties to this Contract that the CONTRACTOR will exncuta soparaLo porformnnoo and payment bond!;, each in tho sum of one hundrod (100)) porcont of the total. contract prieo, on stnndarrd forms for this purpr,vi, r~rsrutrnt,eoi.rrg faithful, performanco of WO work and the fulfillment of any gut;rrtnttir+s required, coil furthor guaranteeing payment to al.1 portions rsuppl.yi.ntt chat, and mAterialn or furnishing him any equipment in Lho execution of the C;ontraet, And it in agreed that this Contract eliall. not tug in effect unLil. nuoh performance and payment, bonds are furnishod and approved by the OWNER. Unless otherw.ien approved in writi.nr, by the OWNER, the nuroty company under- writing the bonds shall he aacopta,bl,e according to the l.atosL list of ceL1- panios holding oortifi.oateri of anthorit;y from the :rooroLavy of the 'rreanus,y of the Uni tod Staten. Arq horrai.rr provided for the performanoe bond Mall romni.rr in offoct for a poriod of ono year afLor tho data of the Certd ioato of Aooeptanoo by bho OWNER. 'Cho coat of the premium for the porformance And payment bonds shall be included in tho CONTRACTO103 proposal.. 3110 1~055L5 11tOM NA'T'URAL CA U" UIS, All lose or damagn to the COMPRACTOR arising; out of tho natu,;o of thn work to be Bono, or from the action of the ol.omarrLrs, or from any unforsoon olroumstamons in `,he llronnduti.c n of the name, or from unusunl, obnLruoti.ons or d,iffioul.Li.ne which may be onrotrnLerod in tho pruaooul,ion of' tho work, r{hall. bra muntain;d and 'oorno by Llu CONTRACTOIt it his own cost and oxponse. Il PRO111YOT ION nl'_.ADJO114 O IT01 I?I TY. The train 'XITITA'"POR shall take prlopoll recants Lo proteol, the adjacent er adjoining proporty or proportion i.n stray way onoount+orod, which might be injured or seriously affeotod by any proorrss of construction to bo utldertaken under brio Al roomont, From any damAgo or injury by reason. of said process of onsLruvtionl and he shall. Tao l.i.abln for any and all, alnlma for nuoh rlmmflge nn anrtounl, of hi!) railurn to fully protoot all adjoining proporLy, 'Cho t;Ultl'It,VTOR allerion to indamrr fy, navo and. hold harmless the OWNER ngainst nny u1nim or r,loimo for damtiges clue to any Injury to any ad,jacpnt or adjoining proporty, Arises i.ng or growing out of the performance of` the ountraotl but sty such indem- nity shall not apply to any cl,ai:m of nny kind ari.si.ng out of the existonco or charactor of tho work, P tq'i'CCT.[ON A , N " CI.ASM" Of' "UD401'ftACT01t" 130RLTi!~., d4A''I I MEN Nl) 'U1tI d)Ifs73r) _(J1; ~iACIiIN1 tY,. CS .UJ.I'MC1Ni' Al1l)_aUl?t'I II?, Tho t;4tfl'ltA(I'r It ad;ronn that he will indemnify and ;3avo the OWNER hnrml.esn from All olaimra Nrowi.mg I out of tho lawful demands of nub-ocmtraoLora, laborers, workmen, mechanics, matorialmen, and furninorn of machi.nory and pnrts thoroof, oquipmont, power d.oolo, and all n,ppli.on, including oommiosary, inourrod in the; furthoranoo of the porformanoo of MH ooniroot. Whon a(> dosirord by the 00&111, Lho CONTRACTOR nhnI1 furnish aatinfaotory evidence that all obligations of the nature heroinabove designated have boodl paid, discharged or waivod. If the CONTRACTOR fails he to do, then the OWNER may at the option of the CONTRACTOR either pay dirootly any unpaid bills, of whieh the OWNER has written notion, or withhold from the'CONTRAQ TOIL'S unpaid oomponnation a sum of money deemed roasonnbly nuffioiont to liquidate any and all auoh lawful olalms until satisfactory ovidenie in furnished that all l.inbil.it% hAvo boon fully dinoh,•u'; od; whereupon paymontn to tho CONTRACTOR shall be resumed in full, in nooordanoo with tho terms of thin oontraot,'but in no event shall the provinionn of this sontonoo be nonntruod to impose any obligation upon the OWNTR by ni thor Cho CONTRACTOR or hin Surct,y. uj jROTEC'P.T0N AOAINSI' ROYAI;PTE.S OR PATENTED ;IMNUON. The CONTRACTOR tihnl.l pay all royalties and l.icon8o fool, and shall provide foie the use of 'Any design, device, matorinl., or proooss oovorod by lettorn'patent or copyright by suitablo legal. agroomont with the pAtontoo or OWNER, The CONTRACTOR ohAll defend All suits or olaims for infringement of any patent or ocpyright rights and shall indomnify and anve the OWNER harmless from Any loss on Account therenf, exoopt that tho OWNER shall dt l&a All shoo suite And claims and shall be romponsible for All auoh loan when a particular donign,'dovi.oo, mAtorinl., or prooosst or the prnduot of a pnrti.oular mrulr AOI;urov or manufaotUrorn in speoifiod or roquired by Cho OWNER! provided, however, if oholoo of al.tornato dosign, dovio6, matovial, or proooss lo allowod to this CONTRACTOR) then CONVA^,TOR shallindomnify And nave, O'WNFR Ivirmlosn from Any leas on aocount thareof. If the matori.al or pro- oons apnr,ifini roe;uired by Lho ()WNlgt 1,i no infringemonl„ tho 004PRACTOR shall be rorp,n0hip for suah loser Unloenho promptly givus ouch Information to the OWNER, Ji L4 I,AI& AND ORUTNANCh". Tho CONTRACTOR shall at all timers oheorvo and iomply with all Kdoralt Hato and local lawn) orlinahoon and vogulationnt °whieh In nny mnnnor affvot the onntrAot or tho work, and shall indorrmnify and nav6 hnvmlosn Cho OWNER aD ai.nvL any claim ari;,inr from the; violKion oP an,, auoh lawn, Mi.n- anono and vod,i>hlonq whothor by the CONTRACTOR or h1,; nmploynos, vxoopd, whoro such Jolatinno are oal.l.od for by tho proviBions of tho Contraot Documents. 11' tho CONTRACTOR obsurvoo that the, plans anrd hpeoifichtionn are at'variancu thero- wi t.h, he shall promptly ratify the MINIVER ih writirlr, rani any nooorrsnry ohangon shall be adju8tod as provided in Cho oontraht for ohnng(i in the 'wor'k, If the CONTRACTOR porformn any work knowing It to be oontrnry to auoh laws, ordi.nnnoon rulan and rogol ntionn, and wi thnud, ouch notioc to Lho ENOINEER, ho o-ihall Bohr all oosty artaing thorofrom. In onso Lho OWNER to A tardy politio andoorpornto, Lho law from which It dovivos its pownrr,, 'Insofar an Cho theme rogulaton tho qb jnoto for whtoht or the manor in whieh, or tho oanditi.ons under whieh the OWNER may ontnr into nonl,vaot, shall' be oontrolling, and shall: Q considorod an part of this aontraet, to the same nVoct as though embodied hereto A;'SIU MIKNT AND M3LETE Vg. The CONTRACTOR further njvuoa that he will retain personal, oontral And will give his personal attonti.on to tho fulfillment of thin vontraot and that ho wi.l.l not mign by dower of Attorney, or o~horwime, 3_y-Gz lay or subl.oL said oontraot without Lho wri.LLc consent, of Uie OWNER, And that no part or foaturo of the Work will. he sublet to anyone. oh,jootioraablo to the f'NCTNss or the OWNER. Tho CONTRACTOR further agrnr;a> Ur', the sublrstti.nt, of any portl.on or foaturo of tho work, or materials rmpilrun i.r. the performanoo of thin contract, ohnl'l not vollovo Lho CON'I'I'cAtITOR from hi.,-1 full obl.igat.ionn to the OWNER, as provided by Lhin Agroomont. 3,10 CONIVACTO1t'S AND 5UH-CONI'RACTOR IS TMIIRANCI;. The CONTRACTOR shall not commoneo work undor this contract until he has obtai.nad all the irrsuranco coquirod under, the following sub-ptiragvaphs and such innuranoe has been approved by the OWNER, nor shall the CONTRAC'T'OR allow any sub-oontraotor to oommonoo work on a sub-oontraot until, such sub-oontraotor has obtained com- plete insurance ooverago as requirod for tho CONTRACTOR. -1,161 COt7l' UT,ION IN4MANCf;, The CONTRACTOR shall. pt'ocuro and shall. main- tain during the life of this contraot Workmen's Compnnnntion In:turanoo for all, of his omployoos to be ongaged in work on the project under this oontraot and, in case of any such work sublet, tho CONTRACT013 uhal.l require the sub-oontractor similarly to provide Workmen's Compensation Tnsurance for all of the lntter's employees to be, engaged in such' Work,' unless ouch omployees nro eovored by the proteotion Afforded by the Contractor's Workmantt Componsation Tnsuranoe. Tn oaso any class of employees' engaged in hazardous work nn the pro;joot under this contract is not,protootod under the Workmon's Compensation Statute, tho CONTRACTOR shall. provide anti shall' causo each scab-oontrtactor to provide ado- quato Employer'o Oenoral. Liability Insuranco for tho proLnel..on of ruoh of his'amployooo not otherwise protected. ..G2 CQNIRAC[Oft►S PU(3C.1C 1,T11i3~I,21'Y ANT- PROrlsl'('Y DAMAC1;; X..N,1Qft NCE '1'11n CONTRACTOR ohall. proouro and shall maintain during, the life of this contraot Contraotor's Public Liability Insurance in an amount riot loans than $1.00,000,00 for in,jurion, inoluding nooidontal death, to any ono poroon wid subject to the same, limit for ouch portion, in tan aunount not, lone, than b''MoO00.'00 oil nocournt of ono accident, and Contractor's Proporty Dauntcpo,lnsurance in tars nmount of riot loss than $y0,000.00 on account of one aduidonk and *1001000,00 aggre,gatu. The C,ON191ACTOR shall also furnish Cant;^aotor's Pvotootivo Liability Innur- anoo, as eeparato policies or as a part of ono of the alxrvo monti.on d pull.- otos or by endorsomont theroto, in the amount sot forth for public liability and property damage. A UQD11Z t NBUR1ANCL . W.DT ,Y u Y P t , t ' llA 1 „ Thu C014- TRACTOR ghall proouro art(] mainta n, during tho life of thin ContrAot, Auto- mobile Tnsurnnoo in art amount not less than +1.00,000.00 for Injurioc, inoluding aooidontal doath, to any one person and sub,jeot to the gains limit for each parson, an amount not Loos than $300,000,00 on account of ono aool- dent, and automobile proporLy damago insuranco in an amount not loa;s Ulan $50,000,00 9'e' a 1".U( r " gCf L 11A t1). Thu Tnrjuranoo requirod under o above paragraphs shall provi.do adoqunte protection for the .CONTRACTOR And his sub-oontraotors,' respootivoly, Against damago olairne which mny aavino from 3-5-G2 1.5 oporntions under this contract, whether such oporations ho ty Lho insured or, by arsyuno directly or indirectly employed by him. 1'n5urance nlrse n u 1 be provided as;aInst rspecial hazarYlr,, if' Any, as may be net forth in tho pouial 'londitions or ;ipooinl. Provisions, or olsewhorc in those Contract bocurnorst,3. Vor contracts, tnvolvi.ng work to be performed within the corpnrabj limits of any mun.Ioi.lsal.iLy and for contracts involving ripe lino construction (water, sower, or other,), the CONTRACTOR shall furnish insurance ss separate policies, or by additional ondorsomont to one of the above mentioned polioi.on, and in the amount as sot forth for public liability and property dnsgago, the following insurances (a) 11'J.asti.r.g, prior to any blasting being done. (b) Col.l.npso of buildings or struoiures a.d,jacent to excavation OX oxoavatione aro to be performed adjaaarsL to name). (o) 1)nm(igo to underground A1311ioa. k'ItdOk Oil' CARR1AOM. OI' INSURA Tito CONTRAC'T'OR shall furnish the OWNER with satisfo.oLory proof of 'oovorage by insurance, required in those Contract Docu- rnonts in amot:nts and by oarricirs satinfrtotory to the OWNER. Proof of carriage of insurance by sub-oontraotors sha11 alao bo .furnished. .,U to i'rr: The CONTRACTOR shall, parantoe the work agrai.naL failure or mal:funotion due to clofootivo materials or workmanship for a period of Ono, year ('rem the data of the written Corti.l'ieate of Aooeptance of the OWNER, Where the 'VITRACTOR is required to proouro and furnish art.i.ol.on manufactured by others, the standard warranty, if any, of the manufacturer thereof shall be delivered to OWNER by CONTRACTOR in form to inure to OWNER'S honofit,. This guaranLoo will. not apply to dofoots of any materials or equipment furnlahed by the OWNER to the CONTRACTOR for instal] ation{ however, the guarantoo wi,l.l' apply to any defects in workmanahi,j) in the i.nstal.lation by the CONTRACTOR of nuoh sssntariala er oquipmenL When drtfoctivo material and workmanship are disoovorod, all required repairs rshhni.l be mado by the CONTRACTOR at his own expense. Such repairs (hull. be initiated within five (5) drays after written noti.oe of suoh dofocts has been givers by the OWNER land the work of the repairs shall. procoed with di.spaLoh so that the ropairs will. be eompl.otod wi.thina roanonablo Iongth of Lim. 5hould ~ Lho CONTRAOTOR fail to i.niAlato tsar repairs within five (5) days after writLon notion r)r ah }uld Ire fail to ousripl.oLc tho repairs; t,lthin a reasonable Limo, the 0ALIt rimy mako the neeennary repairs and oharpre the OMPRACI'OR with 0.1 'costa tneurred Li7~rc!'cr. An A part of this guar•Antoo,' the CONTRACTOR113 Performance Bond 91its-11 romnin'in offoot 'or a period of one year after the (late of written aceoptanoo by the O4dtJIs'll . 3,,, „W Oh, 1tA'I, t, s The OMER in aoeordanoe with statutory requirements hao determined the t;onr.ral prevailing rates of wagos an applieablc to the pro,joat, and Lho CONTRACTOtt nhalI pay riot loss Lhan the 1'6t0e 01' wages so j0t0rm.4nud6 A dopy of the nchedule of prevailing; wage eatos as established by the OWNER is included bss a part of thoso Contract Dooumonts. 1-?-6z 1.6 PROSECUTION AND PROGRESS 4J1 TI14F AND ORDER Of COMPLETION. It is the moaning and intent of this oontraot, unless otherwise heroin specifically provided, that the CONTRACTOR shall prosecute his work at such times and roasena, In much order of preoo- donoo, and in such wannor an shall be most conduoivo to ooonomy of construo- tionl providod, howover, 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 nooordance with thin oontraot; the plans and specifications, and within the time of oompletion designated in the Proposal; provided, also, that when the OWNS, is having other work done, either by contract or by his own force, the ENGINEER may direct the Limo and manner of constructing U;e work done under this oontraot, so that conflict will be avoided and the construction of the various works being done for the OWNER shall, be hirmonizod. The CONTRACTOR shall submit, at such times as may reasonably be requested by the ENGINEER, nohodulos which shall show the order in which the CONTRACTOR proposes to carry on the work, with dates at which tho CONTRACTOR will, start the several parts of the work, and estimated dates of completion of the sev- eral parts. Within seven (7) days after the end of oaoh calendar month, the CONTRACTOR shall report in writing to the ENGINEER any day claimod to be unsuitable for working. Within seven (7) days theroaftor, tho ENGINEER shall agree or dis.. agree in writipg as to whether the time claimed as not suitable for working shall be so recognized and the ENGINEER'S decision shall bo finol. and binding. 4,02 EX'TENSION_OV TIMBb Should the CONTRACTOR be delayed in the completion of the work by any act or negleot of tho OWNER or EN INFER, or of any employ- oeta of either, or by other contractors employed by the OWNER, or by changers ordered in tho work, or by strikon, lockouts, firs, and unusual: dolayn by common' carriers, or unavoidable onuse or caunn;s beyond the CONTRACTOR+S oon. trol, or by any cause which the ENGINEER shall duoida J"ntl..fi.om tho delay, then an extension of time rshall be allowed for oomploting the work, MEL. Vent to oomponanto for the delay, than amount of tho Monnion to be doter- minod by tho LNOTNNER; provided, howevor, t.tuat the CONTRACTOR shall giva the NNOINIEER notion in writing of tho onuso of such delay within ton (10) days from inception of such delay. 4,03 HINDRANCES AND UF1-lYS. No claims shall tae made by the CONTRACTOR for damages resulting from hindrancos or dola s from any oauso (except where the work is stopped by. order of the OW ER5 during the progrosn of any por- tion of the work embraced in this contract. In onoe said work shall. be stopped by the act of the OWNER, then such expense as in the judgment of the ENIINEER is caused by such ntoppago of said work shall be paid by the 014NIM to the CONTRACTOR, 4,04 LIQUIDATED DARAOM The CONTRACTOR agrono that time in of the ossenue of this contract, and that for each day of delay beyond the number of days herein agreed upon for the aomplotion of the work he-Tin specified and can. Vaoted for (after duo allowanoo for such extension of timn an is provided 3.5-G2 ?7 .for under Kxtnnsion of Time Ixn•einabovn), the OWNER may withhold permanently from tho CONTRA"'POR") total oomponntion, the amount pot, day givon in tho following nohodule, not sirs a ponalty', but n3 lirlui.datod damAgun and for nddad expenra for ollf"inooring suporvicion, (to. i.n nonnootion with tho pro,joatc Amount Amount of Liquidated 0f +;o r ram I?amnran pgr D(ky 50,000 or lank $ 5o 500001 to 100,000 75 100,001 to 500,000 100 500,o01 to 1.,0o09000 150 1,000,001 to 21000,000 2.00 Ovor 2,0000000 300 5. MEMSIMEMENT AND PAYMENT 5.01 QUANTI'T'IES AND t1EASU1t11tdENTPS. No extra or customary moanltromonts of any kind will be allowed, but the aotunl, measured and/or aomputocl longth, area, aol.id oorn'Lunts, number, in(] woight only shall be considered, unless otherwise n1moifioall.y provided. 5.R ES'l'I19A~rE) QiJANI''I,1't1ra. This try;roerric3nL, l.nol.ut]i,ng the spaoi.fioatienst plsns alid ostimato, in intr ndod Lo almw oloarly 0.1 work to be done and material to be furninho(] horoundor. Whore the ostimated quantiti.oti are shown for the variouh olannna of work to he Bono and maLerlal to bo furnished unrfor this contraot, they are' approximate rind tirb to bo usod only rur a bauis for estimating the probeble cost of the work and for comparing the proposals offered for tho work, It ie undargtoofl and agreed that Lho actual amount of work to be donor and mntari.al to be furnimhod under this contract. may diffor somfwhat from tho®e ostimatna, and that wharn the banis for payniont under thin contrast is tho unit price motttnd, payment shall. ba for tho actual amount of such work clone ant the matorial fur-. ninhed, Whore Taymotrt is based on the unit priao moLhod, the CONTRACTOR agrees that he will mako no o1nim for damngon, antialpatod profits or otherwise an aooount of any d'ffovonooa whioh may bo found boMion the quantities of work actually done, the matori.al aotua.lly furnished under this oontraot and the estimated quantit:i.os contemplatod and oontained in tho proponall provided, however, that i.n ease the notual quantity of any Itom .should bnaonlo an much as 25% morn than, or 25% lone than the obti.vited or contemplated quantity for unoli itemo, Lhen ol.thor party to this Agreement, upon domand, shall be ontitl.od to a ruvload oonsidoration upon tho portion of this work above or below 25% of the estimated quantity. Any rovinod conriideration i.n to ho doterminod by agroemont bntwonn tho parti.oe,. othorwise by the terms of this Agroement, 'tin provided under 'Txtra Work". 5,01 4'(1201; ON'° WORK, In oonsideration of tho furnishing of all the nooossary labor, equipment and matorial, and the completion of all work by the COMM".. TOIf, and on tho oomplotiun of all. work and of tho dolivsry of all ma!~,arial 3-5.62 18 i I embraced in this contract in full conformity with the npecifioations and stipu- lations heroin contained, the OWNER agrees to pay the CONTRACTOR the prices set forth in the Proposal hereto attaahed, which has boon made a part of thi,: contract. 'rho CONTRACTOR hereby agroes to reocivo ~.uch prices in full for furnishing all material and all labor required for the aforesaid work, also for all. expense inourred by him, and for well and truly performing the same and the whole thereof in the manno.r and according to this Agreement, the attached specifications and requirements of the NNGINEER. 5,04 PARTIAL PAYMENTS. On or before the 10th day of each month the ENGINEER shall prepare a statement showing as completely an practicable the total value of the work done by the CONTRACTOR up to and including the last daffy of the pro- ceeding month; said statement shall also include the value of all sound mater- ials delivored 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 ENOINEERIS statement less 10 percent of the amount thereof, which 10 percent shall be retained until final, payment, and further less all previous payments and all further sumii'that may be ro- tained by the OWNER under the terms of this Agreement. It is understoodp how- over, that In case the whole work be near to completion and some unexpected' and unusual delay occurs due to no fault or neglect on tho part of the CONTRAC- TOR, the OWNER may - upon written rocommendation of tho'ENOINEE'R 'pay s. reason- able, and equitable portion of the retained peroentage to the CONTRACTOR; or the CONTRACTOR, at the OWNERIS option, may be olievod of the obligaL!nn to fully complete the work and, thereupon, the CONTRACTOR shall receive pu;Mont of the balance due him under the contract subject only to the conditions stated under "Final. Payment". 5,05 USE OF COMP U TED PORTIONS. The OWNER shall have ±ho right to take possession of and use any complotod or partially completed portions of the work, notwithstanding the Lime for completing, the entire work of such por- Lions, rrn y not have expired, but such taking possession and use shall not bo deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use inaroases the cost or or delays the work, thr CON'r1tAr,7'OR shall. be entitled to :ruoh extra compensation, or exton- si_on of ti.mn, or both, its the ENCIINNER may dotormine. The CONT(tAC'M shall. notify the ENC;INMR when the contract In "substantially eomplotod" and the 11"NC1NiER shall forthwith advise the CONTRACTOR In writing of any work undone which In the PNOM1,1105 judgment shall. be Bono, if any, in order to substantially complete the work. Too "substantial completion" of the structure or faall.ity shall not excuso'the CONTRACTOR from performing all of the work undertaken, whether of n minor or major nature, and thereby completing the structure or facility in accordance with the Contract Doou- monts. e,,,o6 FINAL COMP19T10N AND ACCEPTANCE, Within ten (10) days aftor the'CON. TRACTOR has given the ENGINEER written notice that the work has been oom- pleted, the ENOI M, and the OWNER shall inopoot the work and within said time, if the work be found to be completed in aeoordanco with the Contract 3-5-G2 19 i Documents, the ENOINEER 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. 5 ,O FINAL PAYMENT. Upon the issuance of the Certificate of Completion, the ENGINEER, shall proceed to make final measurements and proparo final statement of the value of all work performed and materials furnished under the terms of the Agreement and withkn 25 days shall certify same to the OWNER, who not later than 35 days after the date of the Certifioato of Completion shall pay to the CONTRACTOR 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 per- formanoe by the CONTRACTOR. Nethor 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 maybe required in the Special Conditions of, the Specifications. 5,08 PAYMTS V 1111FT.,D. The OWNER may, on account of subsequently discovered evidence, withhold or nullify thou whole or part or any certificate to such extent as may bo necessary to, protect himsolf from loss on account of: (a) Defeoti.ve work not romodiod. (b) Claims filed or reasonable ovidenoo indicating probable filing Of olaims. (c) Failure of the CONTRACTOR to mako paymonL=; propot',ly to sub-oontraot.ors or for material or labor. (d) Damage to another contracLor. When the above grounds are removed, or the CONTRACTOR providon a Suroty Bond satisfactory to the OWNER, which will. protool, the OWNER In tho amount. withhold, payment shall be made for amount:; wi:t.hheld bocauso of them. _j, DELAYFT) PAYMENTS'' Should Lhe OWNER fail. to mflko haymord, to the :ONTRACTOR of Lhe !;um named in any parLial, or final. st•nLE!mr.nt, vrhen paymnni, i;; drtr;, or should the ENGINVER fail to issue any ntaLomonL on or before Lh„ d;d,.- glove provided, then the Orgllf;R shrill pny Lrn tho (:014THVITOR, iri ndehLion f,r) ulo gUrn shown as due by such statement, i.ntornr,L'thereon 21; Lhh rate of s;ix MY)) percent per annum, unless othorwise specified, from date, due as providod.under "Partial payments" and "Vinal Payments", until fully paid, which shall fvl.].y l.iquidato any Injury to the CONTRACTOR growing out of such delay in payment, -but the right is exprously reserved to tho CONTRACTOR in the event payments be not promptly made, as provided under "Partial Payments", at any Limo thereafter to treat the contract as abandoned by the OWNER and recover eomponsation, as provided under "Abandonment or Contract",. unless such payments are withhold in accordance with the provisiono of "Payments Withheld". 6. EXtUA WORK AND CIAIKS 6,43- S tK. It is agreed that the CONTRACTOR shall perform all Extra 3-5-62 20' QrWork d`at~sgneydIon of trqFE~ievfNrtrScl,hcrtright ofwthetQONT(tAC: %itto 'f'dquiro Attew 'Op Arma~'~on'+ofa`~t(~'{r F~t'N i 4lurk' Opcfer by the OWNER. It is rt7so' and' a 'A 1, od .'tha'f rtf~o (11 ~WM4t`i,6n`tb" i, 'Oaid" tho CONTRACTOR for per- forming said Extra 'Rork shall be determined by one or more of the fo'llowing methods: Method (A) - fay agreed unit prices; or method (13) . tly, agreed tlurip' sum; oi- Method (C) _ If neither M6,thod (A) nor Method (!'l) be agreed upon before the Xxt'rAN. ork is commenced, then the CONTRACTOR shall be paid the ""{t(p~11t4h1 fio~d cost," of the work', plus 'fifteen 1 ~ r ~ ' (1.~~A/.' p(51'(1 ❑rt~ ,i. iit n i l l ~u l~f' i ~ . In the ovbnt saicfs xtr'at krolrk 2ao' pprfor ' U anu`p'aid„ Pbr undolr Method (C), , then, the nrovisiAs' of`'thii"pa'tlagr'ap~}'FS its ~.,~tpp>y, Anti the "actual field cost" is horeby c 6`1fhbdt t ilnc].izdo thb, cos't' to the COORAOTOR of all Wgrkmofij such as foramen,timeW©opei's, 'ft(erflanios and laborers, afid materials; 'supplies, teams, trucks, Arid rentals on machinery and equipment, for the time actually employed or used on such Extra, Work,,pluq.aotual trannpurtation charges necessarily incurred";`I t4rvetho; -h :all 'powerf~bl, lubricants, water,, and. similar operating experipe W "Al hooh'tr`3ary incidental, oxponsea incurred directly on account oft''suc 1lx'tr•h Worik, including,, Social Security, Old Ago nonofits, find other p4ro l' Lax(' lt' and a .rateable proportion of promiums on Porformanon and° Paymoni. Donds, and 14aintonance Ponrls, and on Public friability and Propr.rty Uamaf;e, pa id Workmenl", Compensation, and all,. other, insurance as may be requirod by any ;law or ordinaliae, or direct in writinf by the ENGTNCER. Cho LN,lNrUIt May direct, the 'I'di-m In whi"oh a6codri"t5 of '.ho "actual field cost" shall be kept and the records of horse account; shall be made available to the GNGINI'ER. The EN (I t.NE'ER shall. al se s; coifY in wri`tinf,, before the work corn, mongas, Lho mothod of doing tho work'and'thc Lype and kj.nd of machinery ano equi.prnertt to be used. Vnlr<5ri othorwise ngrced upon, Lho priors for the use o1' machinery and equipmn.nt'nhall ho determined by using InO porcenL, unlrna other- wise t;pecifiod, of Lhr~ sehodule, ourvent at the Lime of rruch 11no, of E'quipmonL Ownership Fxponsc ndontod by the Ac;soc3atn"d Ooner,7l `,'onLraetors of Americn. 'dhoro pract,rcnblo L1ie terms and prices for the into of machinery and nquip- menL shall be locorporatgd in (,ho WritLon Extra 'rJork Ordor. 'rho fiftcon (1 jyl~) pnroont, oI' Lha "acturr'I rtold en!jt," to ho,phif? 1,17x, (,ONTRACTOR lull t.ovor and comprittsal"? hi,m for hi!; pro fi 1, overhead y goneral :;uperint.nndonae rued fintr'. of'flno r r.pPnse, and .01 ot,hor n1ornonl,r; of r;o;;l. nnd c-ponac nol, embraond within Lho ",.aoLurrl field oo!;t" tu; horei.n d0lrirnd, r;uvo, Lhal, whoro Lho '1ONTRAC'fOR13 :amlr or I11cld Office roust be malnLained ,)o'laly on account of such Kxtra Work; then tttEt, r;p ,L to. nr<aintain and operate the same. shall, br included in the 'Tactual I,i.ol'rl cost". No claim for Extra Work of any. kind will be, allowed unless ordered in writing by thn GNGTNEER., Tti case any orders or instructions, ei'thor oral or written appear to the CONTRAdTOf to involve Extra Work for whioh`he should receive compensation or an,4rugtment in the agnstruotion time, he Eshall mako Britten requoAt" t¢`.'the "i;NGl'N1Y f8r wIr uteri order Autho,rizink such Exti-A Work Shpu]c n'cf itfQrenco '01 ,orihion ;arisct ids to what. iioco or.", `cioeq not constitute extra Work or as Sormance t to tho poymeni, Ehoeo'for, and the ENGINEER insietn upon ita por~ he CONTRACTOR shall proceed with the work :cftor making writt,on f tics •i'-f. .1-5-62 request for written order and shall keep an accurate account, of the "actual Piold cost" thereof, as provided under Method (C). The "ONTRACTOR will thereby preserve the right to submit the matter of payment to arbi.traf,i.on, as herein.. below provided. G.02 T114C OF PILING !;LAIMS. It is further agreed by both pnrtles hereto that all questions of dispute or adjustment presented by the 9ONTRACTOR shall be in writing and filed with the ENGINEER within fifteen (15) days (after the ENGINEER has given any directions, order or ins truotion to which the CONTRACTOR desires to take exception. The ENGINEER shall, within fifteen (15) days, reply to such written exceptions by the CONTRACTOR and rendor his final decision in writing. :In case the CONTRACTOR should appeal from the ENOINEERIS doolnion, any demand for arbitration shall be filed with the ENGINEER and the OWNER in writing within ton (10) days after the data oe delivery to CONTRACTOR of the ENGINEER'S final decision.,, It is further agreed that final acceptance or 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. M3 ARBITRATION, All questions of dispute under this Agreement shall be submitted to arbitration at the request of either party to the dispute. The panics may agree upon one arbiter; otherwise, there shall be three, one named in writing by oath party, and the third chosen by the two arbiters so selected; or if' Lhe arbiters fail to select a third within ton (10) days, he shall be chosen by a District Judge serving the County in whioh the major portion of the project is located, unloss'otherr•aiso apeoifi.ed. Should the party demand- ing arbitration fail. to name an arbiter within ton (10) days; of the demand, his right to arbitrate dhall lapse, and the decision of the ENGINEER shall be final and binding on him. Should the other party fail to choose an arbiter within ton (10) days, the ENGINEER shall appoint such arbiter. Should either party refuno or neglect to Supply the arbiters with any paperu or information oomanderl in writing, the arbitor5 ore empowered by both parties to take ox party r"roeerdinis. Tho arbiters shall. act with promptness. The decision of any two shall be binding on both parties to the contract. The deoision of the arrbitors, upon ,any rluestion submitted' to arbitration under this r.,ontract shall b4 a condi.- flon preor!rient to any right of lopal action. 'rite decision of the ariJter or arbiAerr, nay be filed in court to carry it into cffeet. 7• ABANDONMENT OF CONTRACT' 7.Q1 ADANDO MENJ BY CONTRACTOR. In case the CONTRAC'T'OR should abandon and fail or refuse to rosurgo work within ton (10) days after written notification from the OWNER, or the ENGINEER, or if the CONTRACTOR fails to comply with the orders of the ENOINEER9when such orders are consistent with the Contract Documents, thou, and in that ease, where performance and payment, bonds oxist, the Surety on the bonds 'shall be notified in writing and directed to oomplatc 3-5-G2 22 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 hold for use on the work by the OWNER or the Surety on the performance and payment bonds, or another contractor in com- pletion 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 noo Claims), it being understood that the use of such equipment, and ma arial.fi will ultimately reduce the cost to complete the work and be rofler,ted in the final settlement. Where there is no performance bond provided or in case Cho orrky zrhould fail to commence compliance with the notice for complotion huroinboforc provided for, within ten (10) days after service of Nurh notice, then the OWNER may provide for completion of the work in either of the f,llowi,ng elective manners: 11„011. The DWNFR may thereupon emiploy such ! r or of men and use tah-h mach inery, eguipmont, tools, materials j and suppl inn a ;lid r14r: door,, necessary to oomnleto the work and charf;n Ito vp ' - of ;uch '.-'o:): inery, equipment, tools, matorial5l and supp! a'ri. ','ON' I(A '(')k, 'eki cxpense so charged shall be doducLod and pal j tw- NAT rain id' rwzoh moneys as may be due, or that may thoreaft,r it, Puy !.'i_my i,t;com. do- Er) the TONTRAITOR under and by virtue of i.hr.. A,;ro,ww"inE,. In Qnse qah Gxp r: o is less than the sum wh:inh wrnllct have boom pnyhIl v under I his 4 1 Vann the same had bpon completed by Meg 70111m +A , r0R, Umn %K rt ,rlPlT'ltt, .'POIi <,i,. receive the difference. In ca sv nua k'e'no E a gr rajor klt.ar l,hn von "Y all would Me boon payable under Lhi nr.. ,r1oL, it the ;Arne &A 'won Jrr o,r by Bald 1ONI'HACTOR, Mon thin !,'01 THAAral/or hi r Mrot, AM w q amount or such excear to Lhc MDR: j.::l,2. The , L'n(tCS ar~te~.l,rE aft,eil' f'N" (5) d y: rrrrl„ YIP! h1l) 1•i hi f001'(' Lime, ' in 71. n1 r7 .Atli rr rlti. ;'t tit' ,Ulli vol _1' I r`r"r i.=r t,l'iil in -0 tt~ _l(ill U r) ;ri;, ..a, I, I, i1F.. Q1)Ill, rC;t t'r 1 'rr~ 1i thel 'l7 rL. 'in wi. i rnl, M 1 141 nm 1. r'T nip! oi;ndl r : A r; whij w :rvided in tl, M,ri1 A Al 0 aC ,nil;, i~,'i in tr) tl'd ~ur.'ror Cho rlr 1 E, it: r'U I!lE a, , t, r, Y& nn '"01 Irl Kim- !)r.nfl t,tir. r' r)a;,i , 1 I 111 1 7 Air l , Win „i. a n . t, V! ;uk l l l .r ;Intl r un,r n hound therefor. ilnwever, should the co L to comp lote any such now contract grove to be less, than what would have been the coot to complete under this contract, the CONTRACTOR and/or his Surety shall, be credited with the difference. When the work shall have boon substantially completed, the CONTRAC'T'OR and his Surety shall bo so notified and Certificates of Completion and Accept- anoo, as provided in ParagrAph 5.06 hereinabove, shall be issued, A com- pleto itemized statement of the contract amounts, certified to by the ENGINEER as being correot, shall then be prepared and delivered to the 3-5-62 23 :(1N''+AlT~lt end hl ;'.`;c_croty, whereupon the CONTRACTOR and/or Mr, Surety, or the rr;rMaY br , sha l I- pay thr: balance duo as refirioterd by said state- nt., nt,hin tsl't,F?0n (Ig) days n('ter the Hato of suoh Corti.floato of Completion. n ttcr evonr the 'Las 'nmcnt of nr,eounts ;,howl that the cost to complete the work is Ions than that which would have been the cost to the CAM had the work boon comp i.oted by the "-(?NITACTOR under the terms of this contract; or when the CON.. TPA'1'1'OR and/or his Surety shall pay the balance shown to be club by them to the OWNNR, than 111.1 machineryt equipment, tools, materials, or supplios. left on the site of the work shall be turned over to the CONTRACTOR tlnd/or his Surety. Should t},,, cost to complete the work exceed the contract price, and the CON- TRAITON and/or his Surely fai l to pay the amount due the OWNER within the time 05ignated ls;roinabovo, rind there remains any machinery, equipment, tools, mcrt, r1a1s;, or supplies on the rite of the work, notice thereof, together with air itemized list of such equipment and materials, shall be mratlod to the POM '1'ltrlQOR and his Soret.y at the rnspectivo addrosses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After 'mailing, or Mer' giving of such notice, such property shall he held at the risk of the CONTRACTOR and his Surety subject only to the duty of the 041410,R to exercise ordinary care to protect puch property. After r'iftoen (15) clays from the date of said notice, the OWNER may sell such maoh- inery, equipment, tools', materials, or supplies and apply the not sum derived 1'rom :uoh male 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 hnre.ln shall Q open to the ^ T1'RA ,,TO1Z and his Surety. A11f V!jf MrU 13Y niPIPIZ, In oriso the (}WN11i shall fail to oomply with the terms of this cnnt,rnck, and should fail or refuse to comply with said torme: within ton (1.0) days aft,cr written notification by oho CONTRACTOR,_ then t',io CONTRA",TOR may suspend or wholly abandon this work, and may remcvo therefrom all machinery, tools and equipmont:, and all matorinl.s on the site of the work that have not boon included in pnymenK to the CONTRACTOR and have not boon wrought into the work, Arid thereupon the ENOTNE YR shall make an estimate ,f the total mmnunt Pnrnod by the CONTRACTOR, which ontimatc shall include the value of all work actually romptotorl by said CONT1tA"TOIt (rot, the prices stilted in the attached proposal where unit prices are uned), the vnl.1lo of all par- tially completed work at a f,ri,r and equitable price., and the amount of all. Extra Work performed :cl; the prices r(greod. upnrr, or E;roviderl for, by the tF;ems of this contract, and a ronsonable sum to oover the cost of any provisions made by the CONTRACTOR to carry the whole work to completion J AM cannot be utilized. The hNOINXER shall then make final statement of the balance due the cONTRACTOR by deduct,anC from the Above estimate all prevroux payments by the OWNER, and all other sums that may be retained by this OW111sR under the torch; of thin Agroemrnt, and shall cortify'name 'to the OWNER, who shall pay to the CONTRACTOR, on or before thirty (50) dnyn after the Hato of the notification by the CONTRACTOR, the VIAMre shown by said final statement as due the CON-' TRAMOR under the 'terms of this Agrooment. END ONVERAL rQNI)1'1'10113 DENTON, TEXAS PECAN CRERK CNANNEI, IMPROVEMENTS CONTRACT N0, 62-2 DETAIL SPECIFICATIONS ITEM NO, LOO - GENERAL REQUIREMENTS A. Scone of Work: The work to be performed under this contract consists of furnishing all plant, materials, equipment, supplies and labor, and performing all work as required for completing the improvements to Pecan Creak Channel as detailed on the Plans and specified herein. The work in- cludes excavation and straightening of channel, paving bottom and side slopes of portions of the channel, compacted backfill, and seeding of portionns of the channel side elopes, P. Si-_ L.11yestigationes Ths Contractor acknowledges that he has satisfied hf.hsolf as to the nature and location of the work, tho general and local conditions, particularly those bearing upon disposal handling, and storage of materials, availability of labor, water, and roads, uncertainties of weather, the conformation and condition of the ground, and all other matters which can in any way affect the work or the cost thereof under this contract. C. Preeervirig_of ExiIt n4 VpI,!etationi The Contractor will preserve and protect all existing vogetn Lion such as trees, shrubs, and grass on or adjacent to the site which do not unreasonably interf9ro with the con- struction as may bo determined by the Engineer. The Contractor will be re sponsible for all unauthorized cutting or damaging of trees and shrubs, including damage duo to careless operation of equipment, stockpiling of materials or tracking of grass areas by equipment, D. Clean.,=,. The Contractor shall at all times koep the construction area, including equipment storage areas used by him, freo from accumulations of waste matorial or rubbish, Upon completion of the construction the Contractor shall leave the work and premises in a clean, neat, and wcrkman- liko condition. TEND OF ITEM 100.1 ITEM NO. 101 - CLEARING A. ConQrals The area to be cleared lies within the "limit of clearing" lines shown on the Fians, Right-of-way for clearing wil.). be provided by the Owner. N. Clearings Trees, except those selected by the Engineer to be saved, and all brush and stumps within the area to be cleared shall be out down, and all materials of a combustible nature, including dead timbers, logs, snags, uprooted trees, driftwood and other ;Like material shall be piled and burned or otherwise disposed of as provided heroin. Trees, brush and stumps shall be out off level with the ground except in areas to be excavated for the channel and in areas to receive uncempacted fill, in which areas they may be cut off not to exceed 12-inches above ground level provided such cut-off level is not above the top of fill elevation. No trees or parts of trees will be allowed to remain in the channel. Stumps need not be pulled nor roots or undergrowth grubbed. , C. Disposinp of !hater alst The cleared materials shall be completely removed by transporting out of the work area, or shall be burned within the cleared areas. Disposal of materials shall closely follow the clearing operations. All burning of materials will be subject to all public laws governing Suoh operations, The Contractor shall have available at all times, for use in preventing and suppressing fires, a suitable supply of axes, Saws, mattoeT'q, shovels, and sacking material that can be wetted. The Contractor shall be responsible for any damage to life and/or property resulting from fires that are started by his operations or employees. The time, location, and manner of burning shall be subject to the approval of Engineer. Fires shall be guarded at all tines and shall be under constant attendance until they have burned out or have been extinguished. Piling and burning shall be carried out in such manner as to minimize danger to standing trees, All piled timber and materials must be removed from the work area before final acceptance will be made. D Payment: Payment for clearing the area within the "limit, of clearing" lines shown on the Plans will be made at the lump-sum price bid for "Clearing" in the Proposal. This price will be full coroponsati.on for all costs of clearing the designated area and disposing of cleared materials. No separate payment will be mado for any clearing that may be required outsido the "limit of clearing" lines shown on the Plane. END OF ITEM 101.1 ITEM NO. 102 - EXCAVATION AND FILL A. Generals This item covars ±,he excavating, hauling, dumping, and spreading of any class of materiv). encountered in the required channel excavation, and the oompaoting of semi-compacted and compacted fill. The locations and limit lines of excavation, semi-compacted .till, and compacted fill are generally as indicated on the Plans. fi. Cl"Assificationt All excavation shall be unclassified and shall include all material, regardless of the nature of the materials encountered, required to be excavated for the permanent work as shown on the Plans and/or as directed by the Engineer. C. Removal ~ o Al, 1. Remoyalt Excavation of materials may be performed by the use of any excavating and hauling equipment adaptable to the various parts of the work, and by any approved method elected by the Contractor. All excavation shall be to the lime and grades shown on the Plana unless otherwise directed. Any and all excess and/or over.oxcavation performeu by the Contractor, unleea specifically ordered by the Engineer, shall be at the expense of the Contractor, and the Engineer may require satisfactory filling of such excess and/or over-excavation with suitable materials at tha expense of the Contractor, 2. bi..spoa 13 material removed from required excavation shall. be dis- posed of in compacted fill or semi-compacted fill as shown on the Plans or as directed by the Engineer, Stumps and roots shall be disposed of by burning or shall be hauled away from the project site. Sites for disposal of excess dirt along the pio,jeot site have boon indicated on the Plans. Rxcese dirt shall be hauled to those sites and placed in accordance with the paragraph below, "Semi-Compaotod Fill", D. 3em,__i Compdct,e 1 i17 Semi-compacted fill shall be constructed of oxca- vation material that'is free from trees, stumps, roots, vegetation, and other objectionable matter, and shall be placed and compacted in layers not exceeding one foot in thickness, Bach layer ahall ba aproad by bulldozer or other suitable equipment and the ontiro surface of the layer compacted by at least one pa8,3 of the hauling equipment, tractor, roller, or similar equipmont, weighing at least 10 tons. Succeeding hauls over the fill shall be spread out over its width to avoid the development of ruts and the over eompaotion of localized area. The somi-compaetod fill shall be brought to the finished grade and cross section shown on tho Plans or establi.shod in the field. All trees, brush, and stumps shall be out down even with the ground surface in areas to receive fill prior to the placing of the fill. Material shall be disposed of by burning or hauling away. Filling will be conducted so that no obstruction to drainage is created at any time. Sumpa, if any, shall be continuously maintained in effective operating condition 102.1 Each layer of fill shall be inspeoted prior to compaction. All visible roots, vegetation, or debris shall be removed and all stones larger than six (A inches in diameter shall to removed or broken. C. Compacted Fills Compacted fill shall be placed or spread in layers not to exceed -inches in thickness prior to compaction if tamping rollers are used and 12-inches in thickness prior to compaction if rubber-tired rollers an) used. Layers shall be carried horizontally with sufficient crown or slope to provide satisfactory drainage during construction. Distri- bution of material shall be subject to the approval of the Engineer. lfhan, in the opinion of the Engineer, the surface of any compacted layer is too smooth to bond properly with the succeeding layer, it shall be scarified to the satisfaction of the Engineer before the succeeding layer is placed thereon. Each layer of fill shall be inspected prior to compaction. All visible roots, vegetation, or debris shall be removed and all stones larger than six W) inches in diameter shall be removed or broken, Material incorpor- ated in the fill which is not in satisfactory condition, in the opinion of the Engineer, shall be subject to rejection and removal at the Contractor's expense. If the material is too dry for proper compaction, tho Contractor will be required to uniformly distribute sufficient moisture in each layer, before rolling, to permit the desired compaction. The moisture content shall not be more than 3 percentage points above or below Standard Proctor Optimum. When the moisture content and conditions of the spread layers are satisfactory, each layer shall, be compacted by not less than 2 complete passes of a rubber-tired roller, both types as specified below. 1. Tamping. Rollerst Tamping rollers shall consist of one or more units Each unit shall consist of a grater-tight cylindrical drum not loss than Winches in length, surmounted by metal atudb with tamping Poet projecting not less than 7-inches from the surface of the drum. Tamping feet shall to arranged in staggered rows, and uniformly spaced to as to provide 3 tamping; feet to approximately 2 square foot of drum surface. The units shall be equipped with a suitable device for cloaning the foot. Bach roller, when ballasted, shall exert a pressure of at least 1000 pounds per linonr foot of drum length. If tamping rollora are usod in tandopi, not more than two rows will be permitted and, in such case, one trip of the tandem rollers over any surface will be considered as 2 passes, Bach pass cif the tamping roller shall overlap the proceeding or adjacent pass by not less than 1 foot. 2. Rubber.-Tired-Roller s Rubber-tired rollers shall have a minimum of four os equipped with pneumatic tires. The tires shall be of such size and ply as to be capable of being operated at tire pressures between 80 and 100 pounds per square inch at a 25000 pound wheel load. The roller 102-2 Wheels shall be located abreast and so designed that each wheel will carry approximately equal load in traversing uneven ground. The spacing of the wheels shall be such that the distance between the nenreat edges of adjacent tires will not be greater than 50 percent of the rated width of a single tire. The roller shall have a rigid frame provided with a body suitable for ballast loading such that the loci per wheel may be varied, as directed by the Engineer, from 18,000 to 25,000 pounds. The roller shall be towed at speeds not to exceed ten miles rer hour. 3. Adige The entire embankment shall be brought to not less than the prescribed gross cross section at all points. Portions of the embank- tpent which the rollers cannot reach for any reason shall be compacted by any approved method to the density of the surrounding embankment. Any unreasonable roughness of surface shall be dressed out, F. payments 1. Unel.asaified Roayationt Pv,~ sent for the volume of required excavation will be made at the unit price bid per cubic yard for "Excavation, Unclassifiec:"t which payment shall be full compensation for all costs of removing, loa6ing, transporting, dumping, spreading, stockpiling and/or rehandling materials (if necessary); preparation of foundation for semi- compacted fill; clearing, dressing, and draining of fill areas; and for all other casts incidental to completion of the work as ahown on the Plans and as specified herein. Measurement for unclassified excavation will be made by the average end area method from cross sections of the channel taken prior to beginning excavation and cross sections after the excavation is completed, 2 So , w,mi-C m acted 0 111 No measurement or direct payment will. be made for semi.-compacted fill, Payment for this fill shall be included in the payment for "Excavation, Unclassified". 3. Comnacted_Filli No measurement or direct payment will be made for oompacted fill. Payment for compacted fill shall ba included in the payment made for "Excavation, Unclassified". END OF' ITEM 1023 ITEM NO, 103 __CONCRETE A. Genera'lt Concrete for channel paving shall m compoacel of Portland Cement, fine aggregate, coarse aggregate, and water, properly proportioned and mixed as hereinafter specified. Unless otherwise specified or indicated on the Flans, concrete shall have a 28-day compressive strength of 2500 pounds per square inch. B. Materials: 1, PortlancL Cement: Portland Cement shall conform to the specifications and tests for Typn I Portland Cement of the American Society for Testing Materials (Serial Ib signationt C150). Cement shall have been shipped from the mill not more than three months previous to receipt on the work. 2. Fine Agatet Fine aggregate shall comply with the AMI specifi- cations for Concrete Aggregates Designation C33. The grading requirements in accordance with these ASTM specifications is as follows: Sieve Percent Passir,g 3/B11 100 No. 95 to 100 No. 8L 80 to 100 No. 16 50 to 85 No. 30 25 to 60 No. 50 10 to 30 No. 100 2 to 1.0 For complete grading requirements rotor to the A9771 apecifications. 3. Coarse, Aggregate: Coarse aggregate shall consist of crashed gravel or crushed stone, and shall comply in every respect with the A5774 specifi.. cations for concrete aggregates designation C33. The grading requirements as covered by the ASTM specifications are listed in part as follows: Slave 'Slgo P©rcont Passing; 2" 100 95 to 100 335 to 70 3/81' 10 to No. 4 0 to 5 3 ~t. Water: Water for concrete shall be clean and free from oil, acid, Alkalis organic matter or other harmful impurities. Water which is suitable for drinking or for ordinary household use will be acceptable for concrete. 103-1 C. Concrete Pr2porti.ong and ConsisteneConcrete shall be proportioned to give the necessary workability and strength and ehall conform to the following governing requirementss Min. 28 Day Min, Cement Max. Size Max. Water Slump Compressive Bags Per of Coarse Gals. Por Inches Strength Cu,Yd. Aggregate loaf-, 3000 5.5 1 6,25 4-6 2500 5.0 1 6,75 4.6 1500 4.o l 7.5 3-5 The above strengths are the minimum that, will be permitted. The average strength of the cylinder tests are expected to be 500 lbs. per square inch in excess of the minimum. The proportion of fine and coarse aggregates shall be such that the requirements of the following table are complied with: Maximum Size of Ratio of Coarse Aggregate to Pine Coarse Aggregate Aggregate on Basis of Dry and Rodded Volumes Minimum Maximum 0.6 1.5 I" and over 1.0 2,0 In no cane shall the amount of coarse material be such as to produce harshnoas in pl:aoing or honeycombing in the structure when forms are removed. After materials arr received at the project site the. Contractor shall dote rmine by trial. mixes, the propsr mix proportion to be used. Trial. mixea shall be run at least 10 d ays prior to the pouring o£ any concrete of the first major structure and not less than 6 cylinders shall be mode from each trial batch, In determination of the amount of water requirod Tor the mix, conaidora- tion shall be given to the moiaturo content of the age{rogate. The not amount of water in the mix will be of tho amount added at Me mixer, plus the froo water in the aggragato, and minus the absorption of the aggreregatea, btised on thirty minute absorption period. Mo iaater allowance will to made for evapora- tion after baatchinp,. The methods of measure of matorialr shall be suoh that the proportions of water to cement can be closely controlled during the progress of the work and easily chocked at any time by the Engineer or his representatives, To avoid unnecessary or haphazard chnngea in consistency, the aggregates shall be obtained from a source which will insure unVorm quality and grading during any single day's operation and they shall. bo dolivered to the work and handled in such manner that the variation in muistvro content will not interfere with the steady production of concrete of reasonable degree of uniformity. All sources of supply shall be approved by the Engineer, c lo3~z The proportions of the mix shall. be such as to produce concrete that can be puddled readily into the oorners and angles of tho forms and around the reinforcing without excessive spading, and without fiogregation or undue accumulation of water or laitance on the surface. Di l of Concretes Frequent tests will be required by the Engineer th Teroughout the work to determine the quality of ooncreto, These tests shall be made by an independent testing laboratory to be selected and paid by the Owner. Tests will in general be made on b" by 12" conorcte cylinders, loaded in compression at 7 and 28 days, in accordance with standard method of the American Society of Testing, Materials, Designations C39, Cylinders tested at 28 days shall show strengths of not loss than the specified 28 day compressive strength and cylindors tested at 7 days show strength not less than two-thirds (2/3) of the specified 28 day eompressivo strength. E. 4eneral_Construction Reauirementss Before starting work, the Con- tractor shall inform the Engineer fully as to the methods of construction he rroposes to follow and as to the amount and character of equipment he proposes to use, the adequacy of which shall, be subject to the approval of the Engineer. It is anticipated that all channel bottom and side slope paving can be accomplished without the use of forms, Should the use of forms be necessary for special situations, the Contractor shall submit to the Engineer for his approval detail information, including necessary dra,6 ngs and skotohes of proposed form works, which shall be sufficiently complete to show all essential details. Concurrence on the part of the T;ngineer in any proposed construction methods, approv-1 of equipment, or approval of forms shall not be considered as relieving the Contractor of the responsibility for the safety or correct. ness of his methods and adequacy of his equipment or from carrying out the work in .full. accordance with contract. F. PlaoIn„g Goonoretes The Contractor shall give the Engineer sufficient advance notice before starting to place conoretc in any unit of the struo. tore to permit the inspection of reinforcing steel placement and prepar- ation for pouring, Unless authorized by the Engincer, no concrete shall be placed in any unit prior to the completion of the placement of the roinforcoment. Whenevor it is necessary to continue the mixing, placing and finishing of concrete after tho daylight hours, tho alto of the work shall be brilliantly lighted oo that all operations are plainly visible. In general, however, concrete placing shall be so regulated as to permit finishing operations to be completed in the daylight hours, The sequence of placing concrete shall be as provided on the plans or in the apeoifications. The operation of depositing and compacting the concrete shall be conducted so as to form a compact, dense, impervious mass of uniform texturo which shall show smooth faces on all surfaces. I 103-3 The mo thod and manner of plaoing shall be Bitch tie to avoid tho passi.. bility of segregation or separation of the aggreggto or the displacement of the reinforcement. Concrete shall not have a free fall of morn than eight (8) foot. Each part of the structure shall be filled by dopositing concrete directly as near its final, poniti.on as possiblo, The coarse aggregate shall be worked book from the face and concrete forced under and around the reinforcing bars and pipe or other inserts without displacing them. All conercte shall be well compacted and tho mortar flushed to the surface by continuous working with concrete spading implements and mechanical vibrators of an approv!-d type. The vibrators shall be applied to the concrete immediately after deposit and shall be moved throughout the mass, thoroughly working the concrete around the reinforcement, embedded fixtures, and into the corners and angles of the forms until it has been reduced to a plastic mass. The vibrator shall, be of sufficient duration to accomplish thorough compaction and complete embedment of reinforcement and fixtures but shall not bit done to an extent that will cause segrogation. Vibration shall be supplemented by hand spading if necessary to insure the flushing of mortar to the entire surface. 0. ConstructionJointas The joint formed by placing plastic concreto in direct contact with concrote that has attained its initial sot shall be deemed a construction joint, I,'hen concrete in a structure or a portion of a struoture is specified to be placed monolithic, the term monolithic shall be i.nherpretod to mr,an that the tannor and sequence of concrete placing shall be such that construction Joints will not occur, Additional joints shall not be provided without written authorization from the rngineor. Any additional construction joints shall have details equivalent to those shown on the plans for joints in similar locations. Unless otherwise provided, construction Joints shall be square and normal to the forms. Bulkheads shall, be provided in the forms for till Joints except horizontal ,joints. fl, Bnosion Jointsi Expansion joints shall be provided in paving slabs at intervals and according to details shown on the Plans. Premolded ex.. pansion joint material for expansion Joints shall he of non-extruding and resilient type conforming to Standard Specifications for Proformed Expansion Joint fillers for Concrete, A.S.T.M. Designation b-544, as applicable for Type V, Fillers, The horizontal surface of the expansion Joints shall be painted with asphalt or concrete primer to completely cover the surface, as shown in the Plans, and the asphalt or concrete primor shall serve to prevent any bonding of concrete at the expansion ,joints. I, HR in£oro All bar reinforcement shall be open-hearth new billet steel of intermediate a 'e concrete reinforcement bars conforming to the 103.4 requirements of the latest Standard Specification for Billet-Steel Concrete Reinforcement Bars. A.S.T.M. Donignation A-15- Wire for fabric reinforcement shall be oold-drawn from rods hot-rolled from open-hearth billets, Wire shall conform to the requirements of the latest Standard uliacification for Drawn Wire for Concrete Reinforcement, A.S.T.M. Designation A-82 All reinforcing bars or wire mesh shall be accuratoly placed and properly held in position by means approved by the Engineer. Concrete cover over steel reinforcement shall be as indicated on the Plsns. J. t'ini.shinp,; Slabs shall be finished by screeding, atraight.edging, and tamping the conoret< with a suitable tool to force the aggregate down from the surface, While the concrete is still green, but hardened sufficiently to bear a man's weight without deep imprint, it shall be wood floated to a uniformly smooth and even surface, K. Carina: Membrane curing shall be used on surfaces of all slabs. The membrane curing compound shall be a resin bane with light red tint with fugitive dye ready for use other than stirring, and of such composition that it willremain intact as a sealing coat for 2$ days. The ouring con. pound shall be applied at a coverage of 150 square feet per gallon using prossure..tank type spraying equipment for application, An acceptable com- pound shall have such sealing qualities that the moisture loco from test specimens shall not be more than 31% when applied at a coverage of 150 square feet per gallon. L. Transit tSIx C nrretet Transit mix concrete will be permitted in lieu of mixing of n the ,jo"G,"provided all of the following conditions are mats (1) All requirements otherwise specified for mixing on the job shall apply. (2) Sufficient transit mix equipment shall be aenigned exclusively to the project as required for continuous pours. (3) Satisfactory evidence shall be furnished that the delivery of concrete shall be continuous at regular and uniform intervals, without stoppages or interruptions, (4) All concretes shall be doposited in the structure within 45 minutes after water has bean added to the mix. Concrete retained in the truck longer than 45 minutes after water has been added to the mix vi",l be rejected. Retempt)ring of concrete will not be permitted. r, I~eaeu,~y~„ ro_„ ~Mt and Payments The work involving concrete on this contract will be paid for at the unit price bid per square yard as described in • Item No. 104 . Channel Paving. END OF :14'814 103-5 ITEM NO. 104 - CHANNEL Pn` mn A. Oeneral.: Some sections of the chquuw 1 - as shown on the sans, are to have a paved bottom an. sojno pavin;; on Llx ;ido vl.oron, I,or. i,hcrr with a drainage system for roleAsing groind wall .Thin item nh.a!' govern for all channel paving work. fl. ChannelPavi: The on th;,, pav~nr to bo placed shall he graded smooth and unirorm ;r oonr,rw with tier soctinns shown in the Plans. The pipe inserts and gravel "m thy, tlr .,n,agm syshom, air horeinaf`tur described, shall, be placed in aecordranon with On 0an.r. The roinrorcing steel shall be placed as shown on tsar rr;, on a 'Al oomp!y with the applicable section of those Speoifieati.on<,_ c( .,noo ;l 1. hrv,e a <;ompron.ni.ve ;-trongth of 2000 psi. Transvorso expr i,n joinis shall ire prov M at intervals shown on the flans, with rei!ri'or• %wt discont r.nued through • . ne joints. Before pouring anoorste, temporary swired boards Sall 1x3 not approxi- mately 13 ft. apart , and to the proper ; '"vatio" no thril• : hi inorete can be uniformly ecroodoo rf.£ to a !rn:i.form W i, Wknoyp. Tha r rr,od boards shall be supported on str:akos which tarty driven dorp op "gh, ~Q are :rtrong enough$ to furnish adoqutake support. "the corer: if a: poured, and Acreeded off there stakes shall be pullad rnd shall nol he left in the concroto. Other methods for providing "scrood off" poWn will In ronsi.donod, but the Engineer will insist on adequate snood controk. Concretr, fc r this paving, and eslx t,W i.,y ;rat, on the slopes will need to ba a fairly dry mix with low slumi'r. Afwr r the connretu is placed, it shall first be vibrated, puddled, and wo jai down to eliminate voids. After screedingo it shrill be lightly floated with ra wood Walt to obtain a reasonably smooth surface. lmmedi.atc iy !^(;fora pl.t:uaing conor©te, the subgrade to receive concrete shall be Jampunnd +o prevent too rapid absorp. tion of moisture from the concrete. Wroroutiono shall be taken to avoid penetrating thr gravel in the drainage ;;;stem with mortar from the concrete; if necessary, krra:.t't paper or other suitable tm rkrtanc material shall be used to keep mortar out of the Crow, All channel paving shall to alone "in the dry" and, if it becomes necessary to protect the work area from the dry-woathor flow in the channel, the Contractor shall provide MUM oorfordams or other moans to accomplish this protection. All. Crosh'ly-poured concrete shall be protected from the stream flow for ra pre `;eel of 36 hours or for a period which is doomed adequate, in the opinion of the Engineer$ for the concrete to attain sufficient strength to ;sustain the action of flowing water without damage to the finished surface. C. r ina*o Save;toms A drainage system, consisting of a gravel-filled drain and p ,•e ergs extending through the concrete paving for weep holes, shall he con utructed at tho too of all side-slope paving an shown in the flans. 104.1 Gravel for the drainage system shall comply with requirements for Coarse Aggregate for Concrete, as heroin 9pocified, except the grading roquiremento nhall be as followss Siovo Sizn Percent Pao~sin~; l 1+' 90 to 100 l 20 to 55 3/1[" 0 to 15 3/8'+ 0 to 5 Pipe inserts for the weep holes shall be 2-inch inside diameter iron pipe and shall to placed as shown in the Plans. In placing these pi.po inserts, care should be taken to provide a slight slope through the pipes to allow complete drainage of the pipes into the channel, D, Maintennnce of Channel Pavinat All concrete paving shall be maintained in a saw clotY condition throughout the period of construction of this project and until acceptance by the City of Denton. Any damage to the concrete paving shall be suitably repaired and the entire surface shall be kept free from accumulations of trash, debris or other ob,jeotionable deposits until acceptance of the project. E Measurement and Payment - Bottom Pavinss The concrete paving in the channel bottom will be paid for at the unit price bid per square yard of surface area of concrete in place between toes of slope on side slope • paving. This price shall include such concrete, fine grading as necessary, reinforcing steel, finishing, curing, and all other items necessary for completion of this item in accordance with Plane and Specifications. F, reasurement an Payment Side Slops Ppyigs The concrete paving on the aide slopes of the ahanne . will be paid for at the unit price bid per square yard of surface area of concrete in place, measured to the too of slope. This price shall include such oonorete, tine grading as necessary, reinforcing steel, gravel, iron pipe, finishing, courimg, and all other items necessary for completion of the side-slope paving, too walls and drainage system in accordance with Plans and Specifications. END OF ITEM 104-2 ITEM M. 10; - CHANIM, 9LLOPI, PROTECTION A, General: Channel slope protection shall consist or all necessary labor and materials and the performing; of all work req--rod tr. :omplete the smoothing, fortili.zing, seeding with rye grass, watering{, maintaining rye-covered slopes until March 15, 1963, ovorsooding with Pormuda Grass in March, 1963, watering; and continuing slope maintenance until June 11 1963, of those areas indicatod on the Plans or directed by the Engineer to be sodded. Slope protection work shall begin immediately upon completion of all other work in the channel, B. Artil.izLnL,g 11nmediately prior to soediog; the channel slopes with rye grass seed, the entire aroa to be seedod shall be fortilized. The fertilizer shall bF, a balanced mixture, equal to 10..20-10, of standard grade, uniform in composition, free-flowing, and suitable for application with standard equipment. Fertilizer shall be broadcast uniformly over, the area at the rate of 300 pounds per acre of 10-20..10, or at the equivalent rate with other Approved fertilizers. Application shall not precede seeding operations more than 24 hours. All. washes, gullies, or damages to the slopes to be seeded shall be repaired to the Engineer's satisfaction prior to commencing the fertilizing and seeding; operations. C, R, a Oroes Soodin t Within 24-hours after slope smoothing and "-rL iliz.. ing operations are ocmpletod, the area to be protected with sod ahri-L he sowod with Rye Grass neod at the rate of 100 pounds per acre, The seed shall be Italian Rye Orass seed with a purity of 98% and a germinnt.~,n of 90%. The seed shall be uniformly broadcast with approved equipme:t or by hand. ' TY sown by hand, or with fiddle seeder, half the seed Bhnl.l be sown with the .3ower moving back and forth in parall( 1 1`;rie and the remainder sown in lines at right angles to the first sewing;, Immodiatoly following; sowing, the seed shall be covered by light harrowing; or hand raking to a depth of 1/11. to 1/2-inch. D. Watering ;Dater shall be applied to the oeedad areas within 24-houre aft!)r sowing. Sprinkling may be done with water ':uckc and hoses or with portable pipe or hose lines and rotating; eprinklt s, , shall. he properly supervised to prevent run-off of water. The Contr•aoto: shall supply all pimps, hoses, pipe lines, water trucks, and sprinklingr., equirment. Water shall be obtained as outlined in 'I'nformation and Special lnetructions to Bidders". Water shall bo appl.iod untAl the soil is thoroughly wet to a depth of 6-inches. t;. Maintenance of Rve.Covore _Slo ei This Contractor shall be responsible for acquiring a solid cover, of rye growth or, the slopes and for maintaining the surface of the slopes until march 15, 1963. All watering; required, after the initial watering specified above, to initinte the starting; growth of he rye grass shall be at the Contractor's expense. All wishing or gullying ?.inches deep or deeper shall be repaired, referti.li.zed, and re- soedcd within two weeks after nntifi,cati.on by the City of Donton that the erosion has occurred, 105-1 F. Bermuda Crass Saerii; On or about March 15, 1963 the Contractor shall ro-smooth all sodded slopes, if requiroc; by the Enginoo r, re-fertilize the entire aroa, and over-seod the nodded areas with Bermurlr) Brass seed, The seed shall be hulled Bermuda grass need (Cynodon Daci;y:lon), hnrvestod in 1961 or 19620 free of Johnson grass or other wood aced. The seed shall have a germination and purity that will produco, aftor allowance for federal Seed Act tolerances, a pure live seed content of not lens than 75% using Ills following formula; Purity timcts ( Germination nlus _httrd or snun~l seed; 100 The fertilizer shall be as specified above for the initial fertilizing, and shall be spread at the same rate. The seed shall be broadcast at the rate of a pounds per acre, using the same methods as specified for rye grass coed. Fo D owing the over seeding operation, the entire area shall be watered as srx:::ified above. C. Maintenance of BeraL a-Covered Slopes This Contractor shall be responsible for acquiring a solid growth of Bermuda grass on tite channel slopes in the areas sho -n on the Plans, or directed by the Engineer, to W nodded. He shall aloo be responsible for maintaining this growth and for maintaining the surface of the slopes . repairing all washes and gullies - until June It 1963. Mowing of grass will not be required for maintenanco of the slopes at any time, Before final acceptance on June 1, 1963, the ohanner slopes shall have a good, solid growth of Bermuda grass and shall conforvi to the cross sections shown on the Plans, with no washes or eroded places deeper than ?.inches. , l{~ Measurement and PlEent; 1, a Le Gpga. Sa in~ p an aintenance r 'Mowing of rye grass on the channel slopes will paid for at the unit price bid por acre of surface area, with meaeu;ernonts made on the slope and the acreage calculated to the nearest one tenth rare, this pray), t, will, be full compensation for all slope repairs, smoothing, fertilizer, seod, water, maintenance until Harch 15, 1963, and all other work necessary for completion of this item in accordance with the Plans and Specifications. 2, Norm Grass Sowing and tRai to ,ince; Sowing of Bermuda grass seed on the channel elopes will be pairs for A the unit price bid por ,)ore of sarfnco area, with measurements made on the slope and the aoreago calou- lated to the nearest one tenth acre, This payment will be full compensation for all slope repairs, smoothing, fertilizer, seed, water, maintenance from % rah 15, 1.963 tt, June It 1963, and all other work necessary for completion of this item in accordance with the Plans or, Specifications. END OF ITEM 105-2