R-81-422 - 11/12/1981WHEREAS, the City of Round Rock has applied for and received a grant
to construct park improvements for the Henry S. McNeil Community Park
expansion, and
WHEREAS, professional engineering services are required in connection
with the design and construction of said improvements, and
WHEREAS, Haynie & Kallman, Inc., has submitted a proposed agreement
to provide the required engineering services, and
WHEREAS, the City Council desires to enter into said agreement with
Haynie & Kallman, Inc., Now Therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS
That the Mayor is hereby authorized and directed to execute on behalf
of the City of Round Rock an Agreement For Engineering Services with
Haynie & Kallman, Inc., a copy of said agreement being attached hereto
and incorporated herein for all purposes.
RESOLVED this 12th day of November, 1981.
ATTEST:
E LAND, City ecretary
RESOLUTION NO.
AO
- •rte
. a . Ma or
City of Roun. Rock, Texas
AGREEMENT
FOR
ENGINEERING SERVICES
MADE AND ENTERED INTO by and between the CITY OF ROUND ROCK,
TEXAS, hereinafter called the "Owner ", and HAYNIE & KALLMAN, INC.,
Consulting Engineers, hereinafter called the "Engineer ".
RECITALS
Owner intends to construct PARK IMPROVEMENTS for the McNEIL PARK
EXPANSION. Such Improvements are hereinafter referred to as the "Pro-
ject".
CONTRACTUAL UNDERTAKINGS
SECTION I
EMPLOYMENT OF ENGINEER
The Owner agrees to employ the Engineer and the Engineer agrees to
perform professional engineering services in connection with the Pro-
ject as stated in the Sections to follow, and for having rendered such
services, the Owner agrees to pay to the Engineer compensation as stat-
ed in the Sections to follow.
SECTION II
CHARACTER AND EXTENT OF SERVICES
The Engineer shall render the following professional services
necessary for the development of the Project:
A. PRELIMINARY PHASE
1. Attend preliminary conference with the Owner regarding the
Project.
2. Perform preliminary engineering services in connection with
Project in sufficient detail to indicate clearly the problems involved
and the alternate solutions available to the Owner, to include prelimi-
nary layouts, sketches and cost estimates for the Project, and to set
forth clearly the Engineer's recommendations. If called for by the
scope of the assignment, prepare a preliminary engineering report.
B. DESIGN PHASE
1. Establish the scope, and advise the Owner, of any soil and
foundation investigations or any special surveys or special testing
which, in the opinion of the Engineer, may be required for the proper
execution of the Project; and arrange with the Owner for the conduct of
such investigations and tests. (The performance of these investiga-
tions and tests is not a part of the Engineer's basic services, and
compensation therefore is not included in the Basic Charge; it may be
performed by the Engineer, by agreement with the Owner, in which case
compensation shall be determined by the applicable portions of Section
VI D.)
2. Furnish to the Owner, where required by the circumstances of
the assignment, the engineering data necessary for applications for
routine permits by local, state, and federal authorities (as distin-
guished from detailed applications and supporting documents for govern-
ment grants -in -aid, state loan programs, planning advances or to meet
the requirements of special programs of the federal government).
3. Perform field surveys to collect information which in the opi-
nion of the Engineer, is required in the design of the Project (see
Section VI, Paragraph D and Attachment No. 2 for methods of payment for
these surveying services). Construction staking for the Construction
Improvements is not included in the Basic Charge.
4. Prepare detailed specifications and contract drawings, in pen-
cil on paper, for construction authorized by the Owner. These designs
shall in all respects combine the application of sound engineering
principles with a high degree of economy, and shall be submitted to the
applicable state and federal agencies for approval.
5. Prepare detailed cost estimates and proposals of authorized
construction, which shall include summaries of bid items and quantities
which will be based, wherever practical, on the unit price system of
bidding. The Engineer shall not be required to guarantee the accuracy
of these estimates.
6. Furnish the Owner all necessary copies of approved plans, spe-
cifications, notices to bidders, and proposals. All sets of Plans and
Specifications in excess of twenty -five (25) are to be paid for sepa-
rately. Additional sets will be paid for in accordance with Attachment
No. 3 - Rate Schedule.
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7. Provide information on utilities to be relocated in connection
with the project. The Owner will provide excavation to determine loca-
tion and depth of underground water and sewer lines. Utilities to be
relocated by others shall be noted on the plans. City -owned utilities
to be relocated also shall be noted on the plans. Where feasible, re-
location of City -owned utilities shall be included in the construction
contract.
8. Provide a letter for the Owner's signature to each utility
operating within the City of Round Rock advising them of the project
and describing any known relocations to be performed by that utility
and setting forth a proposed construction schedule. This letter and a
complete set of plans shall be delivered to each utility by the Engi-
neer. The Engineer shall provide timely assistance and location stakes
as necessary for utility relocations to assure that utility relocations
do not delay the project.
9. Provide easement and right -of -way (additional right -of -way)
descriptions to Owner in conjunction with submission of final plans.
These will be provided in the form of field notes and drawings of the
affected properties. These services will be paid for in accordance
with Attachment No. 3 - Rate Schedule.
10. Provide field note descriptions to Owner for any site(s) that
is required for Owner to acquire that is associated with this Project.
These descriptions will be provided within thirty (30) days after auth-
orization by Owner, barring unforeseen and unusual difficulties asso-
ciated with the property. These services will be paid for in accor-
dance with Attachment No. 3 - Rate Schedule.
C. CONSTRUCTION PHASE
1. Assist the Owner in the advertisement of the Project for
bids.
2. Assist the Owner in the opening and tabulating of bids for
construction of the Project, and recommend to the Owner as to the pro-
per action on all proposals received.
3. Assist in the preparation of formal Contract Documents for the
contracts.
4. Make periodic visits to the site (as distinguished from the
continuous services of a resident Project Representative described in
Subparagraph 6 below) to observe the progress and quality of the exe-
cuted work and to determine in general if the work is proceeding in
accordance with the Contract Documents. In performing this service,
the Engineer will not be required to make exhaustive or continuous on-
site inspections to check the quality or quantity of the work or mater-
ial; he will not be responsible for the techniques and sequences of
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construction or the safety precautions incident thereto, and he will
not be responsible or liable in any degree for the contractors' failure
to perform the construction work in accordance with the Contract Docu-
ments. During visits to the construction site, and on the basis of the
Engineer's on -site observations as an experienced and qualified design
professional, he will keep the Owner informed of the extent of the pro-
gress of the work, and advise the Owner of material and substantial
defects and deficiencies in the work of contractors which are discover-
ed by the Engineer or otherwise brought to the Engineer's attention in
the course of construction, and may, on behalf of the Owner, exercise
whatever rights the Owner may have to disapprove work and materials as
failing to conform to the Contract Documents.
5. Consult and advise with the Owner; issue all instructions to
the contractor requested by the Owner; and prepare routine change or-
ders as required.
6. If specifically authorized by the Owner in writing, furnish
the services of resident Project Representatives, and other field per-
sonnel for continuous on- the -site observation of construction and for
the performance of required construction layout surveys. (This service
is not a part of the Engineer's basic services, and compensation there-
fore is not included in the Basic Charge; if provided, compensation
shall be determined under Section VI D.) The authority and duties of
such Resident Project Representatives are limited to examining the
material furnished and observing the work done, and to reporting their
findings to the Engineer. The Engineer will use the usual degree of
care and prudent judgment in the selection of competent Project Repre-
sentatives, and the Engineer will use diligence to see that the Project
Representatives are on the job to perform their required duties. It is
agreed, however, that the Engineer does not underwrite, guarantee, or
insure the work done by the contractors, and since it is the contrac-
tors' responsibility to perform the work in accordance with the Con-
tract Documents, the Engineer is not responsible or liable for the con-
tractors' failure to do so, and, so long as Engineer has exercised the
usual degree of care and prudent judgment in selecting Project Repre-
sentatives and has used diligence to see that they are on the job to
perform the work, failure by any Project Representatives or other per-
sonnel engaged in on- the -site observation to discover defects or defi-
ciencies in the work of the contractors shall never relieve the con-
tractors for liability therefor or subject the Engineer to any liabil-
ity for any such defect or deficiencies.
7. Review samples, catalog data, schedules, shop drawings, labo-
ratory, shop and mill tests of material and equipment and other data
which the contractor is required to submit, only for conformance with
the design concept of the Project and compliance with the information
given by the Contract Documents; and assemble written guarantees which
are required by the Contract Documents.
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8. Review monthly and final estimates for payments to contrac-
tors, and furnish to the Owner any necessary certifications as to pay-
ments to contractors and suppliers.
9. Conduct, in company with the Owner, a final inspection of the
Project for conformance with the design concept of the Project and com-
pliance with the Contract Documents, and approve in writing final pay-
ment to the contractors.
10. Revise contract drawings, with the assistance of the resident
Project Representatives, or the Owners representative, to provide re-
cord drawings of the completed Project. Furnish one set of reproduc-
ible drawings and one set of prints of these revised drawings to the
Owner.
SECTION III
AUTHORIZATION OF SERVICES
No professional services of any nature shall be undertaken by the
Engineer under this Agreement until he has received written authoriza-
tion from the Owner.
SECTION IV
PERIOD OF SERVICE
This Agreement shall be effective upon execution by the Owner and
the Engineer, and shall remain in force until terminated under the pro-
visions hereinafter provided in Section X.
SECTION V
COORDINATION WITH THE OWNER
The Engineer shall hold periodic conferences with the Owner, or
its representatives, to the end that the Project, as perfected, shall
have full benefit of the Owner's experience and knowledge of existing
needs and facilities, and be consistent with its current policies and
construction standards. To implement this coordination, the Owner
shall make available to the Engineer, for use in planning the Project,
all existing plans, maps, field notes, statistics, computations and
other data in his possession relative to existing facilities and to the
Project.
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SECTION VI
THE ENGINEER'S COMPENSATION
For and in consideration of the services to be rendered by the
Engineer, the Owner shall pay, and the Engineer shall receive the
compensation hereinafter set forth, for the Preliminary, Design, and
Construction Phases of the work and for Special Assignments and Ser-
vices not included in these phases. All remittances by Owner of such
compensation shall either be mailed or delivered to the Engineer's of-
fice in Round Rock, Williamson County, Texas. Where the compensation
is based on a percentage of construction cost, the charge for each sep-
arate phase shall be based on the "construction cost" of all work auth-
orized by the Owner at one time, and handled by the Engineer in accor-
dance with this Agreement.
"Construction Cost" is defined as the total cost to the Owner for
the execution of the work authorized at one time and handled in each
separate phase of engineering services, excluding fees or other cost
for engineering and legal services, the cost of land, rights -of -way,
legal and administrative expenses; but including the direct cost to the
Owner of all construction contracts, items of construction, including
labor, materials and equipment required for the completed work (includ-
ing extras) and the total value at site of project of all labor, mater-
ials, and equipment purchased or furnished directly by the Owner for
the Project.
The aggregate of all sums paid to the Engineer for each Phase of
Construction will equal one hundred percent (100 %) of the basic compen-
sation determined from the actual total construction costs. If the de-
signed facilities exceed the available funding after receiving bids or
negotiating a contract price, then the facilities which are deleted
will be paid for at a later date when they are awarded for construc-
tion. These facilities will be considered an individual period of
construction and payment will be in an amount equal to a percentage of
the "construction cost" of this separate Project. For example: If the
available funds will only build 90% of the designed facilities, the fee
for the awarded construction will be paid as described herein. When
the remaining 10% of the work is awarded, it will be considered a sepa-
rate Project and a percentage from the curve based on the 10% Project
amount will be used to pay the basic compensation. Considering this as
an individual Project, it will be necessary to compensate the Engineer
in this manner because of the extra work involved in the preparation of
separate contract documents, organization of plans, construction admin-
istration on the delayed Project, and the delay in payment for the
Engineering Services rendered.
In the event that proposals for construction of any of the work
authorized in the Design Phase are received within 90 days after sub-
mission of completed contract drawings and specifications to the Owner
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by the Engineer, the charge for the corresponding services in the
Design Phase and the charge for the corresponding services in the Pre-
liminary Phase shall be adjusted to the "construction cost" as reflect-
ed by the lowest acceptable proposal, or lowest bona fide bid, if no
contract is awarded. Where no proposal or bona fide bids are received,
the Engineer's estimates shall be the basis for final payment for these
two phases. No reduction shall be made from the Basic Charge on ac-
count of penalties or liquidated damages or other sums withheld from
contractor's payments.
A. PRELIMINARY PHASE
Payment for services in the Preliminary Phase shall be made to the
Engineer in a sum equal to a percentage of the "construction cost" of
the work authorized by the Owner in this Phase of the Project. This
percentage for the Preliminary Phase shall be computed as ten percent
(10 %) of the Basic Charge, which Basic Charge is defined by Attachment
No. 1.
The classification of the construction work (Classification "A" or
"B ") for the purpose of applying the alternate Basic Charge is that
given in Attachment No. 2 - Classification of Construction Work.
Final Payment for services in the Preliminary Phase shall be pay-
able upon submission to the Owner of the required report, sketches, and
estimates, and upon his acceptance, which shall be within thirty (30)
days after submission.
If a written report is not required, this payment will be due with
and in addition to payment sTfed in the Design Phase.
B. DESIGN PHASE
Payment for services in the Design Phase shall be made to the
Engineer in a sum equal to a percentage of the "construction cost" of
the work authorized by the Owner in this Phase of the Project. This
percentage for the Design Phase shall be computed as seventy -five per-
cent (75 %) of the Basic Charge, which Basic Charge is defined by At-
tachment No. 1.
The classification of the construction work (Classification "A" or
"B ") for the purpose of applying the alternate Basic Charge is that
given in Attachment No. 2 - Classification of Construction Work.
Final payment for services authorized in the Design Phase shall be
due upon the completion of these services and upon the Owners accep-
tance, which shall be within 30 -days after submission. When the Pro-
ject is funded through the sale of municipal bonds, payment shall not
be due until the funds are in the Owner's possession.
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C. CONSTRUCTION PHASE
Payment for services in the Construction Phase shall be made to
the Engineer in a sum equal to a percentage of the "construction cost"
of the work authorized by the Owner in this Phase of the Project. This
percentage for the Construction Phase shall be computed as fifteen per-
cent (15 %) of the Basic Charge, which Basic Charge is defined in At-
tachment No. 1.
The classification of the construction work (Classification "A" or
"B ") for the purpose of applying the alternate Basic Charge is that
given in Attachment No. 2 - Classification of Construction Work.
This sum will be paid in monthly installments in proportion to the
construction work completed, on the basis of the Engineer's estimates
prepared for monthly payments to contractors, plus the actual value of
all materials and equipment purchased or furnished directly by the Own-
er for the Project. Upon completion of all work authorized in the Con-
struction Phase the Engineer will be paid the remainder of the charge
for this Phase.
D. SPECIAL ASSIGNMENT AND SERVICES NOT INCLUDED IN
ABOVE PERCENTAGE CHARGES
The charges above described in the Preliminary, Design and Con-
struction Phases shall provide compensation to the Engineer for all
services called for under this Agreement to be performed by him, or
under his direction, except the services set forth below. These ex-
cluded services and Special Assignments, and the compensation to be
paid by the Owner to the Engineer for their performance, as required,
are as follows:
The following services, if authorized by the Owner, (1 through 8)
shall be reimbursed in accordance with Attachment No. 3 - Rate Sched-
ule.
1. Services of a resident Project Representative, and other field
personnel as required, for on -the -site observation of construction.
2. Services for Design Surveys if not included in Basic Charge.
3. Services for Construction Layout Surveys (Construction
Staking).
4. Land surveys and establishment of boundaries and monuments.
5. Preparation of property or easement descriptions.
6. Preparation of any special reports required for marketing of
bonds.
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7. Appearances before regulatory agencies.
8. Special investigations involving detailed consideration of
operation, maintenance and overhead expenses; preparation of rate sche-
dules; earnings and expense statements; special feasibility studies;
appraisals; valuations; and material audits or inventories required for
certification of force account construction performed by the Owner.
9. Additional copies of reports and specifications (over 25) and
additional blue print copies (over 25).
10. Preparation of applications and supporting documents for gov-
ernment grants, loans or planning advances for public works projects.
11. Assistance to the Owner as an expert witness in any litigation
with third parties, arising from the development or construction of the
Project.
Basis of Compensation: $50.00 per hour in which Engineer's presence or
his representative is required by Owner. $200.00 per day minimum
charge.
12. Soil and foundation investigations, including test and analy-
ses of test results.
Basis of Compensation: (a) Furnished by the Owner and observed by the
Engineer in accordance with Attachment No. 3 - Rate Schedule, or (b)
Owner contract separately with qualified testing firm.
13. Detailed mill, shop and /or laboratory inspection of materials
or equipment.
Basis of Compensation: (a) Furnished directly by the Owner, or (b) By
Engineer in accordance with Attachment No. 3 - Rate Schedule.
14. Extra travel required of the Engineer and authorized by the
Owner from Round Rock to points other than the State of Texas in con-
nection with the Project.
Basis of Compensation: Cost of travel and living expenses plus a fif-
teen percent (15 %) service charge. Cost of labor in accordance with
Attachment No. 3 - Rate Schedule.
15. Services for location stakes associated with the Project as
necessary for utility companies operating within the City Limits of
Round Rock.
Payments to the Engineer for authorized services not in the basic
percentage charges will be made by the Owner, upon presentation of
statements by the Engineer for such services, but not until Bond or
Grant funds are in the Owner's possession.
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Should the Owner fail to make payment to the Engineer of the sum
named in any partial or final statement when payment is past due for
more than thirty (30) days, then the Owner shall pay to the Engineer,
in addition to the sum shown as due by such statement, interest thereon
at the current prime rate of banking institutions in Round Rock, from
the date due, as provided herein, until fully paid, which shall fully
liquidate any injury to the Engineer arising from such delay in pay-
ment, but the right is expressly reserved to the Engineer in event pay-
ments are not promptly made as provided herein, at any time thereafter
to treat the Agreement as terminated by the Owner and recover compensa-
tion as provided by Section X of this Agreement.
SECTION VII
REVISION TO DRAWINGS AND SPECIFICATIONS
The Engineer will make, without expense to the Owner, such revi-
sions of the preliminary drawings as may be required to meet the needs
of the Owner, but after a definite plan has been approved by the Owner,
if a decision is subsequently made by the Owner, which, for its proper
execution, involves extra services and expenses for changes in, or
addition to the drawings, specifications or other documents, or if the
Engineer is put to labor or expense by delays imposed on him from caus-
es not within his control, such as by (but not limited to) the readver-
tisement of bids or by the delinquency or insolvency of contractors,
the Engineer shall be compensated for such extra services and expenses,
which services and expense shall not be considered as covered by the
percentage fee stipulated in this Agreement. Compensation for such
extra services shall be in accordance with Attachment No. 3 - Rate
Schedule. However, no extra compensation will be granted to the Engi-
neer for correcting errors in the plans or errors in the design of the
project or for revising design or plans when such design and plans
prove not to be feasible for construction.
SECTION VIII
OWNERSHIP OF DOCUMENTS
Engineer shall retain ownership of all original documents, plan
designs, and survey notes on all projects that are not completed and
for which Engineer is not compensated regardless of whether the instru-
ments were copyrighted. Additionally, all such documents for which
Engineer is not compensated Owner will not reuse for extensions of the
original project or new projects unless Owner shall secure the permis-
sion of Engineer and Engineer shall be entitled to further compensation
for the use of such documents.
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All original documents, plan designs, and survey notes for com-
pleted or partially completed projects for which Enginer has been com-
pensated shall be the property of Owner and Engineer and reproducible
copies shall be furnished to the Owner upon request. The use by either
party of such documents is unrestricted.
SECTION IX
ARBITRATION UNDER TEXAS GENERAL ARBITRATION ACT
A. Any controversy hereafter arising between Owner and Engineer
in connection with this Agreement and any liability or claimed liabil-
ity created hereunder or incident hereto or pertaining to the enforce-
ment of any provision, condition or covenant herein shall be submitted
to arbitration under the terms of the Texas General Arbitration Act.
Either party may invoke this provision for arbitration by giving the
other party notice in writing demanding that such controversy be sub-
mitted to arbitration, which notice shall also contain the appointment
of an arbitrator by the demanding party. The party receiving such
notice of arbitration must, within five (5) days after receiving same,
mail to the demanding party a notice of appointment of a second arbi-
trator. Such two arbitrators shall meet forthwith and agree in writing
upon a third arbitrator, and shall immediately give the parties written
notice of the third arbitrator's appointment.
B. If the party upon whom the demand for arbitration is served
fails to give the demanding party the required notice of the appoint-
ment of the second arbitrator within the required five (5) days, the
demanding party may apply to the court under Article 226, Revised Stat-
utes of 1925, to appoint the second arbitrator. If the first two arbi-
trators fail to agree upon a third arbitrator within ten (10) days from
the date the second arbitrator was appointed, either party may apply to
the court, under such Article 226, for the appointment of the third ar-
bitrator.
C. The proceedings of the arbitrators, the award made by the ar-
bitrators and the endorsement of such awards shall be governed by the
Texas General Arbitration Act, Articles 224 through 238 -6, inclusive,
Revised Statutes of 1925, as amended.
D. This entire Section IX providing for arbitration shall survive
the termination of this Agreement under any of its provisions, and any
controversy between Owner and Engineer existing when the Agreement ter-
minates shall continue to be subject to arbitration hereunder.
SECTION X
TERMINATION
Either party to this Agreement may terminate the Agreement by giv-
ing to the other thirty (30) days notice in writing. Upon delivery of
such notice by the Owner to the Engineer, and upon expiration of the
thirty -day period, the Engineer shall discontinue all services in con-
nection with the performance of this Agreement and shall proceed to
cancel promptly all existing orders and contracts insofar as such
orders or contracts are chargeable to this Agreement. As soon as prac-
ticable after receipt of notice of termination, the Engineer shall sub-
mit a statement, showing in detail the services performed under this
Agreement to the date of termination. The Owner shall then pay the
Engineer promptly that portion of the prescribed charges which the ser-
vices actually performed under this Agreement bear to the total servic-
es called for under this Agreement, less such payments on account of
the charges as have been previously made. Copies of all completed or
partially completed designs, plans and specifications prepared under
this Agreement shall be delivered to the Owner when and if this Agree-
ment is terminated, but subject to the restrictions, as to their use,
as set forth in Section VIII.
SECTION XI
ADDRESS OF NOTICES AND COMMUNICATIONS
All notices and communication under this Agreement to be mailed or
delivered to Engineer shall be to be the following address:
Haynie & Kaltman, Inc. - Consulting Engineers
2115 North Mays
Round Rock, Texas 78664
All notices and communications under this Agreement to be mailed
or delivered to the Owner shall be to the following address:
City of Round Rock
214 East Main Street
Round Rock, Texas 78664
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SECTION XII
SECTION CAPTIONS
Each Section under the contractual undertakings has been supplied
with a caption to serve only as a guide to the contents. The caption
does not control the meaning of any Section or in any way determine its
interpretation or application.
SECTION XIII
SCHEDULE OF COMPLETION
The Engineer will fulfill the scope of services included in the
Project in a professional and timely manner. The Owner's wishes and
requirements regarding the project will be conveyed through the City's
Director of Parks & Recreation, and the Engineer shall confer frequent-
ly with the Director of Parks & Recreation throughout the Design Phase
of the Project. The date for completion of the Design Phase is Septem-
ber 15, 1981, and final plans, specifications and easement and right -
of -way descriptions will be delivered to the Owner on or before Septem-
ber 15, 1981. At least two weeks prior to September 15, 1981, prelimi-
nary plans and specifications showing sufficient information for review
shall be delivered by the Engineer to the Director of Parks & Recrea-
tion for review and comment. The Director of Parks & Recreation shall
complete her review and submit her comments within two weeks following
such submittal. This schedule anticipates that bids for the project
will be opened around November 1, 1981.
SECTION XIV
SUCCESSORS AND ASSIGNMENTS
The Owner and the Engineer each binds himself and his successors,
executors, administrators and assigns to the other party of this Agree-
ment and to the successors, executors, administrators and assigns of
such other party, in respect to all covenants of this Agreement. Ex-
cept as above, neither the Owner nor the Engineer shall assign, sublet
or transfer his interest in this Agreement without the written consent
of the other. Nothing herein shall be construed as creating any public
body which may be a party hereto.
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EXECUTED in two counterparts (each of which is an original) on
behalf of the Engineer by its Vice- President shown below, and on behalf
of the Owner by its Mayor (thereunto duly authorized) this the
day of , 1981.
Attest:
Attest:
avi. ur
Project Mana
BY:
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HAYNIE & KALLMAN, INC.
41/.
even 1. 'a man,
Vice - President
ATTACHMENT NO. 2
CLASSIFICATION OF CONSTRUCTION WORK
CURVE A will apply to assignments of which the following are typi-
cal exa mT (payment for design surveys included with below assign-
ments except where shown otherwise):
Water, sewage and industrial waste treatment plants
Sanitary sewage collection lines under 24 -inch diameter
Water pumping stations
Water distribution lines under 16 -inch diameter
Sewage lift stations
Open- section streets, no curb and gutter, and associated drainage
improvements (NO DESIGN SURVEYS INCLUDED IN BASIC CHARGE)
Curb and gutter, streets and associated drainage improvements
Bridges, box culverts and major drainage structures
COMMUNITY PARK IMPROVEMENTS
CURVE B will apply to less complicated assignments of which the
following are examples (payment for design surveys included with below
assignments except where shown otherwise):
Sanitary sewage collection lines 24 -inch diameter and over
Water distribution lines
Water storage tanks (elevated and ground storage and standpipes)
Earthwork
Storm sewers 24 -inch diameter and over
ATTACHMENT NO. 3
HOURLY RATE SCHEDULE
ITEM DESCRIPTION RATE
1. Registered Professional Engineer - Group I(E) $50.00 /hr.
2. Registered Public Surveyor - Group I(S) $40.00 /hr.
3. Field Engineer (not registered, ie. E.I.T.) -
Group II $30.00 /hr.
4. Designer & Calculator - Group III(E) $24.00 /hr.
5. Chief of Survey Parties - Group III(S) $24.00 /hr.
6. Inspector - Group IV(I) $18.00 /hr.
7. Drafting Personnel - Group IV(E) $18.00 /hr.
8. Clerical (including word processor equipment)
Group V(C) $15.00 /hr.
9. Technician - Group V(T) $15.00 /hr.
10. Three man survey crew, including truck and all
equipment except distance measurement instruments $55.00 /hr.
11. Two man survey crew, including truck and all
equipment except distance measurement instruments $45.00 /hr.
12. Reimbursement for direct non -labor expense and
sub - contract expense at invoice cost plus
twenty - percent (20 %) service charge
13. Blueline Reproductions $ 0.40 /sq.ft.
14. Mylar Drawing Reproductions $ 1.00 /sq.ft.
15. Specifications Reproductions Per Page $ 0.10 /ea.
16. Distance Measurement Instruments (2 Mile Range) $10.00 /hr.
17. Computers: Wang with Printer or Hewlett Packard $ 5.00 /hr.
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(1) When construction cost is less than $100,000,
"Basic Charge - Percent" will be 12% of the
construction cost.
(2) Construction cost below is the work authorized
at one time. However, where the work is to be
accomplished in a number of separate construc-
tion contracts, then each such project element
should be evaluated on an individual basis,
with additional compensation to the Engineer.
.1)
s
6
5
4
0-
0 -0. 0 1
CONSTRUCTION COST
0.5
(3) Curve A and Curve B are consistent with Curve
A and Curve B in Manual 45, published by the
American Society of Civil Engineers.
(4) The "Basic Charge - Percent" shall be rounded
off to the nearest tenth of a percent.
MILLIONS OF DOLLARS
10
SO 100
ATTACHMENT NO. 2
CLASSIFICATION OF CONSTRUCTION WORK
CURVE A will apply to assignments of which the following are typi-
cal exams (payment for design surveys included with below assign-
ments except where shown otherwise):
Water, sewage and industrial waste treatment plants
Sanitary sewage collection lines under 24 -inch diameter
Water pumping stations
Water distribution lines under 16 -inch diameter
Sewage lift stations
Open- section streets, no curb and gutter, and associated drainage
improvements (NO DESIGN SURVEYS INCLUDED IN BASIC CHARGE)
Curb and gutter, streets and associated drainage improvements
Bridges, box culverts and major drainage structures
COMMUNITY PARK IMPROVEMENTS
CURVE B will apply to less complicated assignments of which the
following are examples (payment for design surveys included with below
assignments except where shown otherwise):
Sanitary sewage collection lines 24 -inch diameter and over
Water distribution lines
Water storage tanks (elevated and ground storage and standpipes)
Earthwork
Storm sewers 24 -inch diameter and over
ATTACHMENT NO. 3
HOURLY RATE SCHEDULE
ITEM DESCRIPTION
1. Registered Professional Engineer - Group I(E)
2. Registered Public Surveyor - Group I(S)
3. Field Engineer (not registered, ie. E.I.T.) -
Group II
4. Designer & Calculator - Group III(E)
5. Chief of Survey Parties - Group III(S)
6. Inspector - Group IV(I)
7. Drafting Personnel - Group IV(E)
8. Clerical (including word processor equipment)
Group V(C)
9. Technician - Group V(T)
10. Three man survey crew, including truck and all
equipment except distance measurement instruments
11. Two man survey crew, including truck and all
equipment except distance measurement instruments
12. Reimbursement for direct non -labor expense and
sub - contract expense at invoice cost plus
twenty - percent (20 %) service charge
13. Blueline Reproductions
14. Mylar Drawing Reproductions
15. Specifications Reproductions Per Page
16. Distance Measurement Instruments (2 Mile Range)
17. Computers: Wang with Printer or Hewlett Packard
9815
RATE
$50.00 /hr.
$40.00 /hr.
$30.00 /hr.
$24.00 /hr.
$24.00 /hr.
$18.00 /hr.
$18.00 /hr.
$15.00 /hr.
$15.00 /hr.
$55.00 /hr.
$45.00 /hr.
$ 0.40 /sq.ft.
$ 1.00 /sq.ft.
$ 0.10 /ea.
$10.00 /hr.
$ 5.00 /hr.
aynie _ $t Kailinan Inc.
CONSULTING' ; ENGINEERS
CITY OF ROUND ROCK, TEXAS
McNEIL PARK EXPANSION
CONTRACT DOCUMENTS AND SPECIFICATIONS
Bids will be received at the City Hall of the City of Round
Rock, 214 East Main Street, Round Rock, Texas 78664, at 10:00
a.m., Tuesday, December 6, 1983.
Specification No.
Haynie & Kallman, Inc.
TABLE OF CONTENTS
TITLE SHEET
TABLE OF CONTENTS
NOTICE TO CONTRACTORS
ADVERTISEMENT
INSTRUCTIONS TO BIDDERS
PROPOSAL AND BIDDING SHEET
AGREEMENT
BID BOND
PERFORMANCE BOND
PAYMENT BOND
CERTIFICATE OF INSURANCE
GENERAL CONDITIONS OF AGREEMENT
TECHNICAL SPECIFICATIONS
NOTICE TO CONTRACTORS
FROM THE CITY COUNCIL OF
THE CITY OF ROUND ROCK, TEXAS
McNEIL PARK EXPANSION
Sealed bids, in envelopes addressed to The City of Round
Rock, 214 East Main Street, Round Rock, Texas 78664, will be
received at the above mentioned address until 10:00 a.m.,
Tuesday, December 6, 1983, and then publicly opened and read,
for furnishing all plant, labor, material and equipment and
performing all work required for the construction of an ex-
pansion to McNeil Park, located in Round Rock, Williamson
County, Texas. Expansion to include water and sewer improve-
ments, parking lot, concession stand with restrooms and soft-
ball field.
Bids will be submitted in sealed envelopes for each Con-
tract on the proposal furnished, and marked in the upper left
hand corner "Bid for McNeil Park Expansion to be opened at
10:00 a.m., Tuesday, December 6, 1983."
All proposals shall be accompanied by a cashier's certi-
fied check upon a national or state bank in the amount of
five (5) percent of the total maximum bid price payable with-
out recourse to The City of Round Rock, or a bid bond in the
same amount from a reliable surety company, as a guarantee
that bidder will enter into a contract and execute perform-
ance bond within ten (10) days after notice cf award of con-
tract to him. The notice of award of contract shall be given
by the Owner within thirty (30) days after the bid opening.
The bid security must be enclosed in the same envelope with
the bid. Bids without check or bid bond will not be consid-
ered. All bid securities will be returned to the respective
bidders within twenty -five (25) days after bids are opened,
except those which the Owner elects to hold until the suc-
cessful bidder has executed the contract. Thereafter all
remaining securities, including security of the successful
bidder, will be returned within sixty (60) days. The suc-
cessful bidder must furnish performance bond and payment bond
in the amount of one hundred (100) percent of the contract
price from an approved surety company holding a permit from
the State of Texas to act as surety (and acceptable according
to the latest list of companies holding certificates of
authority from the Secretary of the Treasury of the United
States) or other surety or sureties acceptable to the Owner,
with approval prior to bid opening.
Page 1 of 2
The right is reserved, as the interest of the Owner may
require, to reject any and all bids, and to waive any infor-
mality in bids received.
Plans, specifications and bidding documents may be se-
cured from the office of the Engineer, Haynie & Kallman,
Inc., on deposit of twenty -five dollars ($25.00) per set,
which sum so deposited will be refunded provided: (1) All
documents are returned in good condition to the Engineer not
later than forty -eight (48) hours prior to the time for re-
ceiving bids; or (2) The Contractor submits a bid and all
documents are returned in good condition to the Engineer not
later than five (5) days after the time that bids are receiv-
ed.
Plans and specifications may be examined at the office
of the Engineer, Haynie & Kallman, Inc., 2115 North Mays,
Round Rock, Texas. Bidders should carefully examine the
Plans, Specifications and other documents, visit the site of
work, and fully inform themselves as to all conditions and
matters which can in any way effect the work or the cost
hereof. Should a bidder find discrepancies in, or omissions
from the Plans, Specifications or other documents, or should
be in doubt as to their meaning, he should notify the Engi-
neer, Haynie & Kallman, Inc. and obtain clarification prior
to submitting any bid. Prequalification Requirements: The
bidder is to submit information regarding his qualifications
with this bid in accordance with instructions contained in
the Bid Form, Minimum Wage Scale: As specified and regulat-
ed by the State of Texas and the Federal Government.
The improvements shall be completed within the number of
calendar days bid on Page 2 of the Bid Proposal after notice
to proceed from the Owner.
Notice to Contractors shall be published in the Austin
American- Statesman on the following dates:
Sunday, November 20, 1983
Sunday, November 27, 1983
Sunday, December 4, 1983
Notice to Contractors shall be published in the Round
Rock Leader on the following dates:
Monday, November 21, 1983
Monday, November 28, 1983
Monday, December 5, 1983
Page 2 of 2
ADVERTISEMENT
PROJECT TITLE: McNeil Park Expansion
OWNER: The City of Round Rock, Texas
LOCATION: Round Rock, Williamson County, Texas
TYPE: Construction of Water & Sewer Improvements, Parking
Lot, Concession Stand with Restrooms and Softball
Field
BID BOND: 5%
PERFORMANCE BOND: 100%
PAYMENT BOND: 100%
PLANS AVAILABLE: Monday, November 21, 1983
Haynie & Kallman, Inc.
2115 North Mays
Round Rock, Texas 78664
(512) 255 -7861
OPENING TIME: 10:00 a.m., Tuesday, December 6, 1983
OPENING PLACE: City Hall
City of Round Rock
214 E. Main Street
Round Rock, Texas 78664
INSTRUCTIONS TO BIDDERS
PROPOSAL
The proposal shall be submitted on the bidding forms which
are included herein, and shall be enclosed in a sealed enve-
lope addressed to:
The City of Round Rock
214 E. Main Street
Round Rock, Texas 78664
and shall be identified as follows:
"BID FOR McNEIL PARK EXPANSION, to be opened at 10:00 a.m.,
Tuesday, December 6, 1983."
A proposal will not be accepted unless prepared on the bid-
ding form provided. The sealed proposals will be publicly
opened and read at the time and place stated in the Notice
Inviting Bids. Bidders or their authorized agents are invit-
ed to be present. Unauthorized conditions, limitations or
provisions attached to a proposal will render it informal and
may cause its rejection. The complete proposal forms shall
be without addition, alterations or erasures. Alternative
proposals will not be considered unless called for. No oral,
telegraphic or telephonic proposals or modifications will be
considered. The proposal may be withdrawn upon request by
the bidder without prejudice to himself prior to, but not
after, the time fixed for opening of bids, provided that the
request is in writing, has been executed by the bidder or his
duly authorized representative, and is filed with the Owner.
DISQUALIFICATION OF BIDDERS
More than one proposal from an individual, firm, partnership,
corporation or association under the same or different names,
will not be considered. Reasonable grounds for believing
that any bidder is interested in more than one proposal for
the work contemplated will cause the rejection of all propo-
sals in which such bidder is interested. If there is reason
for believing that collusion exists among bidders, all bids
will be rejected and none of the participants in such collu-
sion will be considered in future proposals.
1 of 3
RETURN OF PROPOSAL GUARANTEES
Within twenty -five (25) days after an award of the Contract,
the Owner will return the proposal guarantees accompanying
each of the proposals as are not considered in making the
award. All other proposal guarantees will be held until the
Contract has been finally executed. They will then be re-
turned to the respective bidders whose proposals they accom-
pany.
AWARD OF CONTRACT - RESERVATION OF RIGHTS
Contracts, if awarded, will be awarded to responsible bidders
whose proposals comply with all the requirements prescribed.
Awards, if made, will be made within thirty (30) calendar
days after the opening of the proposals. The Owner reserves
the right to reject any or all bid proposals, to accept the
lowest responsible bidder's proposal, and to waive any infor-
mality in any proposal.
EXECUTION OF CONTRACT
A bidder to whom award is made shall execute a written con-
tract with the Owner on the form of agreement provided.
Failure or refusal to enter into a contract as herein provid-
ed, or to conform to any of the stipulated requirements in
connection therewith shall be a just cause for the annulment
of the award. If the successful bidder refuses or fails to
execute the Contract, the Owner may award the Contract to
second lowest responsible bidder. If the second lowest re-
sponsible bidder refuses or fails to execute the Contract,
the Owner may award the Contract to the third lowest respon-
sible bidder. On the failure or refusal of such second and
third lowest responsible bidder to execute the Contract, the
work may be re- advertised.
PROPOSAL GUARANTEE
Each proposal shall be accompanied by a certified or cash-
ier's check or bid bond in the amount of not less than 5% of
the amount named in the proposal. Said check or bond shall
be made payable to the Owner and shall be given as a guaran-
tee that the bidder, if awarded the work, will enter into a
contract within ten (10) days after the award and will fur-
nish the necessary bonds as hereinafter provided. In case of
refusal or failure to enter into said contract, the check or
bond as the case may be, shall be forfeited to the Owner. No
bidder's bond will be accepted unless it conforms substan-
tially to the form furnished by the Owner, which is bound
herein, and is properly filled out and executed.
2 of 3
PROPOSAL SIGNATURE
If the proposal is made by an individual, it shall be signed
and his full name and his address shall be given; if it is
made by a firm it shall be signed with the co- partnership
name by a member of the firm, who shall sign his own name,
and the name and address of each member shall be given; and
if it is made by a corporation the name of the corporation
shall be signed by its duly authorized officer or officers
attested by the corporate seal, and the names and titles of
all officers of the corporation shall be given.
COMPETENCY OF BIDDERS
In selecting the lowest responsible bidder, consideration
will be given not only to the financial standing, but also to
the general competency of the bidder for the performance of
the work covered by the proposal. To this end each proposal
shall be supported by a statement of the bidder's experience,
on the form entitled "Information Required of Low Bidder ",
bound herein.
BIDDER'S EXAMINATION OF SITE
Each bidder shall examine carefully the site of the proposed
work and the Contract Documents therefor. It will be assumed
that the bidder has investigated and is satisfied as to the
conditions to be encountered; as to the character, quality
and quantity of materials to be furnished and as to the
requirements of the Contract, Specifications and Drawings.
ADDENDA
Bidders desiring further information, or interpretation of
the Plans or Specifications must make request for such infor-
mation in writing to Engineer, prior to 48 -hours before the
bid opening. Answers to all such requests will be given in
writing to all bidders, in Addendum form, and all Addenda
will be bound with, and made a part of, the Contract Docu-
ments. No other explanation or interpretation will be consi-
dered official or binding. Should a bidder find discrepan-
cies in, or omissions from the Plans, Specifications or other
Contract Documents, or should he be in doubt as to their
meaning, he should at once notify the Engineer in order that
a written Addendum may be sent to all bidders. Any Addenda
issued prior to twenty -four (24) hours of the opening of bids
will be mailed or delivered to each Contractor contemplating
the submission of a proposal on this work. The proposal as
submitted by the Contractor will be so constructed as to in-
clude any Addenda if such are issued by the Engineer prior to
twenty -four (24) hours of the opening of bids.
3 of 3
PROPOSAL
TO
THE CITY OF ROUND ROCK
FOR THE CONSTRUCTION OF
McNEIL PARK EXPANSION
IN ROUND ROCK, TEXAS
The undersigned, as bidder, declares that the only person or
parties interested in this proposal as principals are those
named herein, that this proposal is made without collusion
with any other person, firm or corporation; that he has care-
fully examined the form of contract, Notice to Contractors,
inviting bids, conditions and classes of materials of the
proposed work; and agrees that he will provide all the neces-
sary labor, machinery tools, apparatus, and other items inci-
dental to construction, and will do all the work and furnish
all the materials called for in the contract and specifica-
tion in the manner prescribed therein and according to the
requirements of the Engineer as therein set forth.
It is understood that the following quantities of work to be
done at unit prices are approximate only, and are intended
principally to serve as a guide in evaluating bids.
It is further agreed that the quantities of work to be done
at unit prices and materials to be furnished may be increased
or diminished as may be considered necessary, in the opinion
of the Engineer, to complete the work fully as planned and
contemplated, and that all quantities of work, whether in-
creased or decreased are to be performed at the unit prices
set forth below except as provided for in the Specifica-
tions.
It is further agreed that lump sum prices may be increased to
cover additional work ordered by the Engineer; but not shown
on the plans or required by the Specifications, in accordance
with the provisions of the General Conditions. Similarly,
they may be decreased to cover deletion of work so ordered.
It is understood and agreed that the work is to be completed
within the time herein stated.
The undersigned bidder agrees to commence work within seven
(7) days after written notice to commence has been given.
Page 1 of 11
ACKNOWLEDGEMENT OF PAYMENT ITEMS
The undersigned acknowledges that the foregoing bid items are
the only items of payment under this contract and that his
bid price under these items reflects the complete charges for
furnishing all labor, material, and equipment to complete the
project as outlined in the plans, specifications, and con-
tract documents.
KNOWLEDGE OF LOCAL CONDITIONS AND CONTRACT DOCUMENTS
The undersigned warrants that he has examined the location of
the proposed work, the drawings, specifications, and all
other parts of the Contract Documents, and is familiar with
the local conditions at the place where the work is to be
performed.
CONTRACT TIME
If awarded the Contract, the undersigned agrees to complete
the work in 120 calendar days (BIDDER TO FILL IN NUMBER OF
CALENDAR DAYS).
OWNER'S RIGHTS RESERVED
The undersigned understands and agrees that the Owner reser-
ves the right to reject any or all Proposals or to waive any
informalities of technicalities in any proposal in the inter-
est of the Owner, except as specifically limited by the terms
of the Contract Documents or applicable Laws or Governmental
Regulations.
-ADDENDA
The undersigned acknowledges receipt of the following adden-
da:
Addendum No. Dated
Page 2 of 11
SUBMISSION OF THE PROPOSAL
In accordance with the Contract Documents, the above Proposal
is hereby respectfully submitted by:
C' CONSTRUCTION COMPANY, INC. DECEMBER 6, 1983
Name of Contractor Date
11607 NORTH LAMAR BLVD
Business Address
AUSTIN
City
TEXAS
(Seal if Bid is by a Corporation.)
ATTEST: ,
1,1
State
Page 3 of 11
SECRETARY- TREASURER
Title or Position
837 -5916
Telephone Number
78753
Zip
PROPOSAL BIDDING SHEET
CONTRACT: PAVING IMPROVEMENTS
JOB NAME: McNEIL PARK EXPANSION
JOB LOCATION: ROUND ROCK, WILLIAMSON COUNTY, TEXAS
OWNER: THE CITY OF ROUND ROCK
Gentlemen:
Pursuant to the foregoing Advertisement for Bids and Instructions to Bid-
ders, the undersigned bidder hereby proposes to do all the work, to furnish all
necessary superintendence, labor, machinery, equipment, tools, materials, insur-
ance and miscellaneous items, to complete all the work on which he bids as pro-
vided by the attached supplemental specifications, and as shown on the plans for
the construction of the Paving Improvements for an Expansion of McNeil Park, and
binds himself on acceptance of this proposal to execute a contract and bond for
completing said project within the time stated, for the following prices, to
wit:
Bid Item Description Unit
Item Quantity Unit and Written Unit Price Price Amount
1 2,433 S.Y Street Excavation, including sub -
grade preparation and stockpiling
of excess topsoil onsite, complete
in place, per square yard
for Three Dollars
and No Cents $ 3.00 $ 7,299.00
2 2,222 S.Y. 6" Flexible Base, complete in
place, per square yard
for Three
and Twenty -Five
Dollars
Cents $
3 2,222 S.Y. 1 -1/2" Type "D ", H.M.A.C., complete
in place, per square yard
3.25 $ 7,221.50
for Three Dollars
and Fifty Cents $ 3.50 $ 7,777.00
Page 4 of 11
Bid Item Description Unit
Item Quantity Unit and Written Unit Price Price Amount
1.A
4 914 L.F. 4" Wide Yellow Striping for Parking
Area, complete in place, per linear
foot
for No
and Fifteen
Page 5 of 11
Dollars
Cents $
TOTAL PAVING IMPROVEMENTS (Items 1 thru 4) $22434.60
PAVING IMPROVEMENTS - ADD ALTERNATE
Bid Item Description Unit
Item Quantity Unit and Written Unit Price Price
.15 $ 137.10
Amount
1 L.S. Earthwork for Softball Field to
Finished Lines and Grades, complete
in place, per lump sum
Twenty Six Thousand
for Three Hundred Dollars
and No Cents $ 26,300.00 $26,300.00
TOTAL PAVING IMPROVEMENTS WITH ADD ALTERNATE $48.734.60
CONTRACT: UTILITY IMPROVEMENTS
JOB NAME: McNEIL PARK EXPANSION
JOB LOCATION: ROUND ROCK, WILLIAMSON COUNTY, TEXAS
OWNER: THE CITY OF ROUND ROCK
Gentlemen:
Pursuant to the foregoing Advertisement for Bids and Instructions to Bid-
ders, the undersigned bidder hereby proposes to do all the work, to furnish all
necessary superintendence, labor, machinery, equipment, tools, materials, insur-
ance and miscellaneous items, to complete all the work on which he bids as pro-
vided by the attached supplemental specifications, and as shown on the plans for
the construction of the Utility Improvements for an Expansion of McNeil Park,
and binds himself on acceptance of this proposal to execute a contract and bond
for completing said project within the time stated, for the following prices, to
wit:
Bid Item Description Unit
Item Quantity Unit and Written Unit Price Price Amount
1 270 L.F. 4" Wastewater Line, including tie
to existing line, complete in
place, per linear foot
for Ten
and No
for Eight
and No
PROPOSAL BIDDING SHEET
2 2 Ea. 4" Wastewater Cleanout, complete
in place, per each
for Three Hundred Fifty Dollars
Page 6 of 11
Dollars
Cents $ 10.00 $ 2,700.00
and No Cents $ 350.00 $ 700.00
3 315 L.F. 4" Water Line, complete in place,
per linear foot
Dollars
Cents $
8.00 $ 2,520.00
Bid Item Description
Item Quantity Unit and Written Unit Price
4 1 Ea. 4" Wet Connection, complete in
place, per each
for Three Hundred Fifty Dollars
and No Cents $ 350.00 $ 350.00
5 325 L.F. 2 -1/2" Electrical Conduit with 2 -
#300 MCM Copper Wires and 1 - #2
Ground Wire, complete in place,
per linear foot
for Thirty Three
and Fifteen
Unit
Price Amount
TOTAL UTILITY IMPROVEMENTS (Items 1 thru 7) $21,993.75
6 1 L.S. Electrical Distribution Center for
Restroom and Concession Building,
complete in place, per lump sum
One Thousand
for Six Hundred Fifty Dollars
and No Cents $ 1,650.00 $ 1,650.00
7 4 Ea. Electric Pull Box - Minimum 24"
Diameter R.C.P., Class III,
complete in place, per each
Eight Hundred
for Twenty Five Dollars
and No Cents $ 825.00 $ 3,300.00
Page 7 of 11
Dollars
Cents $ 33.15 $10,773.75
Gentlemen:
for Six
and Fifty
PROPOSAL BIDDING SHEET
CONTRACT: FENCING IMPROVEMENTS
JOB NAME: McNEIL PARK EXPANSION
JOB LOCATION: ROUND ROCK, WILLIAMSON COUNTY, TEXAS
OWNER: THE CITY OF ROUND ROCK
Pursuant to the foregoing Advertisement for Bids and Instructions to Bid-
ders, the undersigned bidder hereby proposes to do all the work, to furnish all
necessary superintendence, labor, machinery, equipment, tools, materials, insur-
ance and miscellaneous items, to complete all the work on which he bids as pro-
vided by the attached supplemental specifications, and as shown on the plans for
the construction of the Fencing Improvements for an Expansion of McNeil Park,
and binds himself on acceptance of this proposal to execute a contract and bond
for completing said project within the time stated, for the following prices, to
wit:
Bid Item Description Unit
Item Quantity Unit and Written Unit Price Price Amount
1 1 L.S. Fencing for Backstop and Dugouts,
complete in place, per lump sum
Four Thousand Five Hundred
for Twenty Five Dollars
and No Cents $ 4,525.00 $ 4,525.00
2 750 L.F. 6' Height Chain Link Fence, com-
plete in place, per linear foot
Page 8 of 11
Dollars
Cents $
6.50 $ 4,875.00
TOTAL FENCING IMPROVEMENTS (Items 1 & 2) $ 9,400.00
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
FENCING IMPROVEMENTS - ADD ALTERNATE
Bid Item Description Unit
Item Quantity Unit and Written Unit Price Price Amount
1.A 320 S.F. 4" Concrete for Dugout Floors,
complete in place, per square foot
for Four Dollars
and No Cents $ 4.00 $ 1,280.00
2.A 4 Ea. 12' Aluminum Benches, including
mounting posts and brackets, com-
plete in place, per each
for Six Hundred Twenty Dollars
and No Cents $ 620.00 $ 2,480.00
TOTAL FENCING IMPROVEMENTS WITH ADD ALTERNATE $13,160.00
FENCING IMPROVEMENTS - ADD ALTERNATE ITEMS DELETED FROM CONTRACT
Page 9 of 11
1
PROPOSAL BIDDING SHEET
CONTRACT: BUILDING IMPROVEMENTS
JOB NAME: McNEIL PARK EXPANSION
JOB LOCATION: ROUND ROCK, WILLIAMSON COUNTY, TEXAS
OWNER: THE CITY OF ROUND ROCK
Gentlemen:
Pursuant to the foregoing Advertisement for Bids and Instructions to Bid-
ders, the undersigned bidder hereby proposes to do all the work, to furnish all
necessary superintendence, labor, machinery, equipment, tools, materials, insur-
ance and miscellaneous items, to complete all the work on which he bids as pro-
vided by the attached supplemental specifications, and as shown on the plans for
the construction of the Building Improvements for an Expansion of McNeil Park,
and binds himself on acceptance of this proposal to execute a contract and bond
for completing said project within the time stated, for the following prices, to
wit:
Bid Item Description Unit
Item Quantity Unit and Written Unit Price Price Amount
1 L.S. Construct Concession Stand and
Restrooms, including all fixtures,
electrical and plumbing, as shown
on Plans and in Technical Specifi-
cations, for a completed building,
complete in place, per lump sum
Thirty Six Thousand
for Two Hundred Fifty Dollars
and No Cents $ 36,250.00 $36,250.00
TOTAL BUILDING IMPROVEMENTS (Item 1) $36,250.00
Page 10 of 11
CONTRACTS: PAVING IMPROVEMENTS, UTILITY IMPROVEMENTS,
FENCING IMPROVEMENTS, & BUILDING IMPROVEMENTS
JOB NAME: McNEIL PARK EXPANSION
JOB LOCATION: ROUND ROCK, WILLIAMSON COUNTY, TEXAS
OWNER: THE CITY OF ROUND ROCK
PAVING IMPROVEMENTS
PAVING IMPROVEMENTS WITH ADD ALTERNATE
UTILITY IMPROVEMENTS
FENCING IMPROVEMENTS
FENCING IMPROVEMENTS WITH ADD ALTERNATE
BUILDING IMPROVEMENTS
SUMMARY OF BIDS
TOTAL ALL IMPROVEMENTS $ 90,078.35
TOTAL ALL IMPROVEMENTS WITH ADD ALTERNATE $ 120,138.35
LESS FENCING IMPROVEMENTS - ADD ALTERNATE ITEMS DELETED - 3,760.00
TOTAL CONTRACT AMOUNT AWARDED $ 116,378.35
Page 11 of 11
$ 22,434.60
$ 48,734.60
$ 21,993.75 $ 21,993.75
$ 9,400.00
$ 13,160.00
$ 36,250.00 $ 36,250.00
AGREEMENT
THE STATE OF TEXAS
COUNTY OF
THIS AGREEMENT, made and entered into this
day of
, A.D., 19 by and between the CITY OF
ROUND ROCK, TEXAS, its Mayor, Party of the First Part, here-
inafter termed the OWNER, and GAREY CONSTRUCTION COMPANY,
INC., of the City of Austin , County of Travis
and State of Texas , Party of the Second Part, herein-
after termed CONTRACTOR.
WITNESSETH: That for an in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by
the Party of the First Part (OWNER), and under the conditions
expressed in the bond bearing even date herewith, the Party
of the Second Part (CONTRACTOR), hereby agrees with the said
Party of the First Part (OWNER) to commence and complete the
construction of certain improvements described as follows:
McNEIL PARK EXPANSION
further described as the work covered by this specification
consists of furnishing all labor, equipment, appliances, and
materials, and performing all operations in connection with
the excavation, installation of pipe lines and appurtenances,
backfilling and compaction of trenches complete in accordance
with the Plans, and all extra work in connection therewith,
under the terms as stated in the General Conditions of the
Agreement and at his (or their) own proper cost and expense
to furnish all the materials, supplies, machinery, equipment,
tools, superintendence, labor, insurance, and other accesso-
ries and services necessary to complete the said construc-
tion, in accordance with the conditions and prices stated in
the Proposal attached hereto, and in accordance with the
Notice to Contractors, General and Special Conditions of
Agreement, Plans and other drawing and printed or written
explanatory matter thereof, and the Specifications and adden-
da therefor, as prepared by HAYNIE & KALLMAN, INC., 2115
North Mays, Round Rock, Texas 78664, herein entitled the
ENGINEER, each of which had been identified by the CONTRAC-
TOR'S written proposal, the General Conditions of the Agree-
ment, and the Performance and Payment hereof and collectively
evidence and constitute the entire contract.
Page 1 of 2
The CONTRACTOR hereby agrees to commence work within seven
(7) days after the date written notice to do so shall have
been given to him, and to substantially complete the same
within 120 calendar days after the date of the written
notice to commence work, subject to such extensions of time
as are provided by the General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the
price or prices shown in the proposal, which forms a part of
this contract, such payments to be subject to the General and
Special Conditions of the contract.
IN WITNESS WHEREOF, the parties to these presents have exe-
cuted this Agreement in the year and day first above writ-
ten.
CITY OF ROUND ROCK, TEXAS GAREY CONSTRUCTION CO., INC.
Party of the First Part Party of the Second Part
(OWNER) (CONTRACTOR)
ATTEST:
I 11 /LIL
( he following to be executed if the Contractor is a Corpora-
tion.)
I, Louise Shank
am the Secretary of the Corporation named as Contractor here-
in; that John F. Pelczar
this Contract on behalf of the Contractor was then Senior
Estimator (official title) of said Corporation, that
said Contract was duly signed for and in behalf of said Cor-
poration by authority of its governing body, and is within
the scope of its corporate powers.
Corporate Seal
ATTEST:
Signed
Page 2 of 2
, certify that I
, who signed
FIRDIANS FUND
INIIIMANCE 1:111101111112
Signed and sealed this 6th
FIREMAN'S FUND INSURANCE COMPANY
rHE AMERICAN INSURANCE COMPANY
NATIONAL SURETY CORPORATION
ASSOCIATED INDEMNITY CORPORATION
AMERICAN AUTOMOBILE INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS, that we,
a corporation duly organized under the laws of the State of
A.LA. Document No. A -310 (February 1970 Ed.)
BID BOND
as Principal, hereinafter called the Principal. and Associated Indemnity Company
California
as Surely, hereinafter called the Surety, are held and firmly bound unto city of Round Rock
as Obligee, hereinafter called the Obligee, in the sum of 58 of Bid
WHEREAS, the Principal has submitted a bid for Mc Neil Park Expansion
Garey Construction Company, Inc.
Dollars (0
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents,
NOW, THEREFORE, if the Obligee shall accept the hid of the Principal and the Principal shall enter into a contract with the Obligee
in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with
good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished
in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the
Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and
such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid,
then this obligation shall be null and void, otherwise to remain in full force and effect.
day of December A.D. 1983
(Seal)
{I /4 I (/� y f � Associated Indemnity Company
'W( 9 \ (t /Ut . , 'w L/ (Sut9l (Seal)
Attorney In I °"
se Marie Boriskie
GENERAL
POWER OF
.ATTORNES ASSOCIATED INDEMNITY CORPORATION
KNOW ALL MEN BY THESE PRESENTS: That ASSOCIATED INDEMNITY CORPORATION. a Corporation duly organized and existing under the
laws of the Stoic of California. and Laving its principal office in the City and County of San Francisco. California. has made, constituted and appointed.
and does by these presents make. constitute and appoint
ROSE MARIE BORISKIE, JAMES O. SCHNELL, JIMMIE W. FELPS, HAYES PITTS and NORMAN ROLLING ~
jointly or severally
AUSTIN TX
a true a r wfu Attorneylsl -in -Fact. with full power and authority hereby conferred in its name. place and stead. to execute. seal. acknowledge and
deliver any and all bonds. undertakings. recognizances or other written obligations in the nature thereof
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President. sealed with the corporate seal of the
Corporation and duly attested by its Secretary. hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises.
This power of attorney is granted pursuant to Article VIII. Section 30 and 31 of By -laws of ASSOCIATED INDEMNITY CORPORATION now in full
force and effect- -
"Article VIII, Appointment and Authority Assistant secretaries, and Attorney -in -Fan and Agents to accept Legal Process and Make Appearances.
Section 30, Appointment. The Chairman of the Board of D the President, any Vice- President or any other person authorized by the Board of
Directors. the Chairman of the Board of Directors. the President or any Vice - President, may, from time to time, appoint Resident Assistant Secretaries
and Attorneys -in -Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on
behalf of she Corporation.
Section 31, Authority. The Authority of such Resident Assistant Secretaries, Attorneys- in•Fact, and Agents shall be as prescribed in the instrument
evidencing their appointment, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by
any person empowered to make such appointment."
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of ASSOCIATED
INDEMNITY CORPORATION at a meeting duly called and held on the 16th day of September, 1966. and said Resolution has not been amended or
repealed:
•'RESOLVED. that the signature of any Vice-President. Assistant Secretary. and Resident Assistant Secretary of this Corporation. and the seal of this
Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto. by
facsimile. and any power of attorney. any revocation of any power of attorney. or certificate bearing such facsimile signature or facsimile seal shall be
valid and binding upon the Corporation.
IN WITNESS WHEREOF. ASSOCIATED INDEMNITY CORPORATION has caused these presents to be signed by its Vice- President.
and its corporate seal to be hereunto affixed this 10th day of February 19 83
4-
STATE OF CALIFORNIA.
CITY AND COUNTY OF SAN FRANCISCO
On this 10th day of February I9 83 before me personally came Richard Williams
to me known, who, being by me duly sworn, did depose and say: that he is Vice - President of ASSOCIATED INDEMNITY CORPORATION, the Cor-
poration described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument
is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order.
IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal. the day and year herein first above written.
1511nanrnsie
•
STATE OF CALIFORNIA.
CITY AND COUNTY OF SAN FRANCISCO
380711- AS -5-a1
OFFICIAL SEAL
SUSIE IC GILBERT
NOTARY PUBLIC - CALIFORNIA
at A COUNTI OF SAN FRANCISCO
My Commission Expires Nov. 17. 198s
By
CERTIFICATE
ASSOCIATED INDEMNITY CORPORATION
i L t a
v aa.Pres,d n
Nom, Public
1, the undersigned. Resident Assistant Secretary of ASSOCIATED INDEMNITY CORPORATION, a CALIFORNIA Corporation, DO HEREBY
CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article Vlll,
Sections 30 and 31 of the By -laws of the Corporation, and the Resolution of the Board of Directors, tat forth in the Power of Attorney, are now in
force.
rl
Signed and sealed at the City and County of San Francisco, Dated the t o 72 - day of 19 8
�, g n�!
Resident Assistant Secretary
THE STATE OF TEXAS
PERFORMANCE BOND
COUNTY OF Travis
PB -1
524 39 31
KNOW ALL MEN BY THESE PRESENTS, THAT Garey Construction Company, Inc.
of the City of Austin
County of Travis , and State of Texas
as principal, and Associated Indemnity Corporation
authorized under the laws of the State of Texas to act as
surety on bonds for principals, are held and firmly bound
unto THE CITY OF ROUND ROCK, TEXAS (OWNER),
HundBe snty- eight &.3
in the penal sum of One Hundred Sixteen Thousand Three
($ 116,378.35 ) for the payment whereof, the said Principal
and Surety bind themselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, by
these presents:
WHEREAS, the Principal has entered into a certain written
contract with the Owner dated the 1 day of .Tan „a,
1984 , to which contract is hereby referred to and made a
part hereof as fully and to the same extent as if copied at
length herein.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH,
that if the said Principal shall faithfully perform said Con-
tract and shall in all respects duly and faithfully observe
and perform all and singular the covenants, conditions and
agreements in and by said contract agreed and covenanted by
the Principal to be observed and performed, and according to
the true intent and meaning of said Contract and the Plans
and Specifications thereto annexed, then this obligation
shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of Article 5160 of the Revised Civil Statutes of
Texas as amended and all liabilities on this bond shall be
determined in accordance with the provisions of said Article
to the same extent as if it were copied at length herein.
Surety, for value received, stipulates and agrees that no
change, extension of time, alteration or addition to the term
of the contract, or to the work performed thereunder, or the
plans, specifications, or drawings accompanying the same,
shall in anywise affect its obligation on this bond, and it
does hereby waive notice of any such change, extension of
time, alteration or addition to the terms of the contract, or
to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed
and sealed this instrument this 3rd day of January
19 84
Garey Construction Company, Inc.
Principal Surety
B y J� By i
John F. Pelczar Rose Marie Boriskie
Title Senior Estimator Title Attorney - in - Fact
Address 11607 North Lamar
Austin, Tex. 78753
The name and address of the Resident Agent of Surety is:
Bill Pitts Agency, P. 0.Box 2291, Austin, Tex. 78768 -2291
PB -2
Associated Indemnity Corporation
Address P. 0.Box 2291
Austin, Tx. 78768
THE STATE OF TEXAS
PAYMENT BOND
COUNTY OF Travis !
KNOW ALL MEN BY THESE PRESENTS, THAT Garey Construction Company,
Inc. , of the City of Austin
County of Travis , and State of Texas
as principal, and p ssnriatpd Tndamoity Cnrpnatjnn
authorized under the laws of the State of Texas to act as
surety on bonds for principals, are held and firmly bound
unto
#524 39 31
THE CITY OF ROUND ROCK, TEXAS (OWNER),
in the penal sum of One Hundred sixteen Thousand Three Hundr �gldP y -35/100
10 &
.35/
($ 116i 378.35 ) for the payment whereof, the said Principal
and Surety bind themselves and their heirs, administrators,
executors, successors and assigns, jointly and severally, by
these presents:
WHEREAS, the Principal has entered into a certain written
contract with the Owner, dated the 3rd day of January
1984 , to which contract is hereby referred to and made a
part hereof as fully and to the same extent as if copied at
length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,
that if the said Principal shall pay all claimants supplying
labor and material to him or a subcontractor in the prosecu-
tion of the work provided for in said contract, then, this
obligation shall be void; otherwise to remain in full force
and effect;
PB -3
1
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1
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1
1
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Provided, however, that this bond is ececuted pursuant to the
provisions of Article 5160 of the Revised Civil Statutes of
Texas as amended and all liabilities on this bond shall be
determined in accordance with the provisions of said Article
to the same extent as if it were copied at length herein.
Surety, for value received, stipulates and agrees that no
change, extension of time, alteration or addition to the
terms of the contract, or to the work performed thereunder,
or the plans, specifications or drawings accompanying the
same, shall in anywise affect its obligation on this bond,
and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the contract,
or to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed
and sealed this instrument this 3rd day of January
19 84 •
Carey Construction Company, Inc. Associated Indemnity Corporation
Principal Surety
By
John F. Pelcz
itle Senior Estimator Title Attorney - in - Fact
Address 11607 North Lamar
Austin, TEx. 78753 Austin, Tex. 78768
The name and address of the Resident Agent of Surety is:
Rill Pit Aganry P n_Rnx 7291 Austin Tx. 78768 -2791
PB -4
o se Marie Borskie
Address P.O.Box 2291
CEN'ERAL
POW ER OF'
ATTORNFI ASSOCIATED INDEMNITY CORPORATION
KNOW ALL MEN BY THESE PRESENTS: That ASSOCIATED INDEMNITY CORPORATION. a Corporation duly organized and existing under the
laws of the Stale of California. and having its principal office in the City and County of San Francisco. California. has made, constituted and appointed.
and does by these presents make. constitute and appoint
ROSE MARIE BORISKIE, JAMES 0. SCHNELL, JIMMIE W. FELPS, HAYES PITTS and NORMAN ROLLING ,
jointly or severally
AUSTIN TX
its true an (awful Attorneytsl -in -Fact. with full power and authority hereby conferred in its name. place and stead. to execute. seal. acknowledge and
deliver any and all bonds. undertakings. recognizances or other written obligations in the nature thereof
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President. sealed with the corporate seal of the
Corporation and duly attested by its Secretary. hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises.
This power of attorney is granted pursuant to Article VIII. Section 30 and 31 of By -laws of ASSOCIATED INDEMNITY CORPORATION now in full
force and effect. -
"Article VIII, Appointment and Authority Assistant secretaries, and Atrorney -in -Fact and Agents to accept Legal Process and Make Appearances.
Section 30, Appointment. The Chairman of the Board of Directors, the President, any Vice - President or any other person authorized by the Board of
Directors. the Chairman of the Board of Directors, the President or any Vice - President, may, from time to time, appoint Resident Assistant Secretaries
and Attorneys -in -Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on
behalf of the Corporation.
Section 31, Authority. The Authority of such Resident Assistant Secretaries, Attorneys -in -Fact, and Agents shall be as prescribed in the instrument
evidencing their appointment, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by
any person empowered to make such appointment."
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of ASSOCIATED
INDEMNITY CORPORATION a a meeting duly called and held on the 16th day of September, 1966, and said Resolution has not been amended or
repealed:
- 'RESOLVED. that the signature of any Vice - President. Assistant Secretary. and Resident Assistant Secretary of this Corporation. and the seal of this
Corporation may be affixed or printed on any power of attorney. on any revocation of any power of attorney. or on any certificate relating thereto. by
facsimile. and any power of attorney. any revocation of any power of attorney. or certificate bearing such facsimile signature or facsimile seal shall be
valid and binding upon the Corporation...
IN WITNESS WHEREOF. ASSOCIATED INDEMNITY CORPORATION has caused these presents lo be signed by its Vice - President.
and its corporate seal to be hereunto affixed this 10th day of February 19 83
STATE OF CALIFORNIA,
CITY AND COUNTY OF SAN FRANCISCO
On this 10th day of February - 19 83 b efore me personally came Richard Williams
to me known, who, being by me duly sworn, did depose and say: that he is Vice- President of ASSOCIATED INDEMNITY CORPORATION, the Cor-
poration described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument
is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order.
IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal. the day and year herein first above written.
lananrannra m
STATE OF CALIFORNIA,
CITY AND COUNTY OF SAN FRANCISCO
360711 -AS -5-81
OFFICIAL SEAL
SUSIE K. GILBERT
NOTARY PUBLIC - CALIFORNIA
UIY
& COUNTY OF SAN FRANCISCO i
My Commission Expires Nov. 17. 1984
• CERTIFICATE
} ss.
ASSOCIATED INDEMNITY CORPORATION
Li.ca
Notary Public
I, the undersigned, Resident Assistant Secretary of ASSOCIATED INDEMNITY CORPORATION, a CALIFORNIA Corporation, DO HEREBY
CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has , =t been revoked; and furthermore that Article VIII,
Sections 30 and 31 of the By -laws of the Corporation, and the Resolution of the Board of Dire or., set forth in the Power of Attorney, are now in
force.
Signed and sealed at the City and County of San Francisco. Dated the
day of
Resident Assistant Secretary
l97
:oMPArvv
LETTER
TYPE OF INSURANCE
POIICY NUMBER
POLICY
EXPIRATION DATE
Limits of Liability in Thousands (000)
EACH
OCCURRENCE
AGGREGATE
A
GENERAL LIABILITY
® COMPREHENSIVE FORM
[it' PREMISES—OPERATIONS
® EXPLOSION AND COLLAPSE
HAZARD
® UNDERGROUND HAZARD
® PRODUCTS /COMPLETED
OPERATIONS HAZARD
® CONTRACTUAL INSURANCE
® BROAD FORM PROPERTY
INDEPENDENT DAMAGE
ICI DEPENDENT CONTRACTORS
IjLJ PERSONAL INJURY
D10315888
1/1/85
BODILY INJURY
PROPERTY DAMAGE
$ 500
$ 100
$ 500
$ 100
BODILY INJURY AND
PROPERTY DAMAGE
COMBINED
$
$
PERSONAL INJURY
$ 500
$ 5,000
rEACR ACC OFN
B
AUTOMOBILE LIABILITY
® COMPREHENSIVE FORM
® OWNED
RED
® HIRED
[L��l
ULJ NON -OWNED
CG206497
1/1/85
BODILY INJURY
(EACH PERSON)
BODILY INJURY
(EACH ACCIDENT)
$ 250
$ 500
PROPERTY DAMAGE
$ 100
BODILY INJURY AND
PROPERTY DAMAGE
COMBINED
$
C
EXCESS LIABILITY
® UMBRELLA FORM
❑ OTHER THAN UMBRELLA
FORM
To be Advised
1/1/85
BODILY INJURY AND
PROPERTY DAMAGE
COMBINED
$ 5,000
$ 100
B
WORKERS' COMPENSATION
a n d
EMPLOYERS' LIABILITY
To be Advised
1/1/85
STATUTORY
OTHER
CXor
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.
THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW.
AME AND ADDRESS OF AGENCY
Bill Pitts Agency
P.O. Box 2291
Austin, Texas 78768
VAME AND ADDRESS OF INSURED
Garey Construction Co., Inc.
11607 North Lamar
Austin, Texas 78753
„
COMPANY A
LETTER
COMPANY B
LETTER A
COMPANY ■ -
LETTER V
COMPANY D
LETTER
COMPANY E
IFTTFR
This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement, term or condition
of any contract or other document with respect to which this certificate may be issued o may pertain, the insurance afforded by the policies described herein is subject to all the
terms, exclusions and conditions of such policies.
)ESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES
JOB: McNeil Park Expansion
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com-
pany will endeavor to mail 10 days written notice to the below named certificate holder, but failure to
mail such notice shall impose no obligation or liability of any kind upon the company.
NAME AND ADDRESS OF CERTIFICATE HOLDER'
City of Round Rock
214 East Main St.
Round Rock, Texas 78664
COMPANIES AFFORDING COVERAGES
American Lloyds
Aetna Fire Tindarwrifaro
Insurance Co. of North Amerira
DATE ISSUED: 1/3/84 jm /RMB
REPRESENTATIVE
GENERAL CONDITIONS OF AGREEMENT
1
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GENERAL CONDITIONS OF THE AGREEMENT
CONTENTS
Page
1. DEFINITIONS 1
2. GENERAL PROVISIONS 3
2.01 Engineer's Status and Authority 3
2.02 Right of Engineer to Modify Methods
and Equipment 3
2.03 Changes and Alterations 4
2.04 Damages 4
2.05 Losses from Natural Causes 4
2.06 Laws and Ordinances 4
2.07 Licenses, Permits, and Certificates 5
2.08 Royalties and Patents 5
2.09 Keeping of Plans and Specifications
Accessible 5
2.10 Discrepancies and Omissions 5
2•.11 Contractor's U{iderstanding 5
2.12 Extra Work 6
.2.13 Payment for Extra Work 6
2.14 Assignment and Subletting 7
2.15. Subcontractors 8
2.16 Owner's Status 8
2.17 Completed Portions of Work 8
2.18 Materials 8
2.19 Receiving and Storage of Materials 8
2.20 "Or Equal" Clause 8
2.21 Completed Work 9
2.22 Materials Furnished by the Owner 9
2.23 Protection of Property 9
2.24 Shelters for Workmen and Materials 9
2.25 Sanitary Facilities 10
3. CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES . . 10
3.01 Labor, Equipment, Materials and
Construction Plant 10
3.02 Performance and Payment Bonds 10
3.03 Contractor's Ability to Perform 11
3.04 Superintendence and Inspection 11
3.05 Character of Employees 11
3.06 Contractor's Duty to Protect Persons
and Property 11
3.07 Safety Codes 12
3.08 Barricades 12
3.09 Minimum Wages 12
3.10 Unsuitable Work or Materials 12
3.11 No Waiver of Contractor's Obligation . . . 13
3.12 Site Clean Up 13
3.13 Guarantee 14
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(CONTENTS CONTINUED) Page
4. OWNER'S OBLIGATIONS AND REPONSIBILITIES 14
4.01 Lines and Grades 14
4.02 Right of Entry 14
4.03 Owner's Inspectors 14
4.04 Collateral Work 15
4.05 Right -of -Way 15
4.06 Adequacy of Design 15
5. SCHEDULING AND PROGRESS OF WORK 15
5.01 Order and Prosecution of the Work 15
5.02 Rate of Progress 16
5.03 Sunday, Holiday, and Night Work 16
5.04 Hindrances and Delays 16
5.05 Extensions of Time 17
5.06 Liquidated Damages for Failure to
Complete on Time 17
6. INDEMNITY 18
6.01 Contractor's Indemnity Provision 18
. 6.02 Workmen's Compensation Insurance 18
6.03 Comprehensive General Liability Insurance . 18
6.04 Owner's Protective Insurance 19
6.05 Comprehensive Automobile Liability
Insurance 19
6.06 Insurance Certificate 19
7. TERMINATION OF CONTRACT 20
7.01 Right of Owner to Terminate 20
7.02 Right of Contractor to Terminate 20
7.03 REmoval of Equipment 20
8. ABANDONMENT OF CONTRACT BY CONTRACTOR 20
8.01 Notification of Contractor 20
8.02 Retention of Contractor's Equipment
and Materials by Owner 21
8.03 Methods of Completing the Work 21
8.04 Final Acceptance 22
8.05 Disposition of Contractor's Equipment . . . 22
9. MEASUREMENT AND PAYMENT 23
9.01 Character of Measurements 23
9.02 Estimated vs. Actual Quantities 23
9.03 Payment 24
9.04 Monthly Estimates and Payments 24
9.05 Certificates of Completion 24
9.06 Final Estimate and Payment 25
9.07 Notarized Affidavit 25
9.08 Release of Liability 25
9.09 Contractor's Obligation 26
9.10 Payments Withheld 26
GENERAL CONDITIONS OF THE AGREEMENT
1. DEFINITIONS
1.01 Calendar Day. A calendar day shall be the 24 hour
period from one midnight to the next consecutive mid-
night.
1.02 Contract Documents. The Contract Documents shall con-
sist of the Notice to Contractors; Advertisement; the
Instructions to Bidders; the Proposal; the Signed
Agreement; the Performance and Payment Bonds; the Gen -
eral Conditions of the Agreement; the Special Condi-
tions of the Agreement; the Specifications; the Plans;
the Standard Drawings; Addenda; and duly authorized
Change Orders. The Contract Documents are complemen-
tary, and what is called for by any one shall be as
binding as if called for by all. In case of conflict
between any of the Contract Documents, priority of
interpretation shall be in the following order: Sign-
ed Agreement, Performance and Payment Bonds, Addenda,
Proposal, Special Conditions of the Agreement, Notice
to Contractors, Specifications, Plans, and General
Conditions of the Agreement.
1,03 Contractor. "Contractor" shall mean the business or-
ganization or individual named and designated in the
Contract Agreement as the "Party of the Second Part ",
who has entered into this contract for the performance
of the work covered thereby, and its, his, or their
duly authorized agents and other legal representa-
tives.
1.04 Engineer. "Engineer" shall mean Haynie & Kaliman,
Inc., or such other Engineer, supervisor, or inspector
who has been designated, appointed, or otherwise em-
ployed or delegated by the Owner for this work, or
their duly authorized agents, such agents acting with-
in the scope of the particular duties entrusted to
them in each case.
1.05 Extra Work. The term "extra work" as used in this
contract shall be understood to mean and include all
work that may be required by the Engineer or Owner to
be done by the Contractor to accomplish any change,
alteration, or addition to the work shown on the
Plans, or reasonably implied by the Specifications,
and not covered by the Contractor's Proposal, except
as provided under "Changes and Alterations ", herein.
GC -1
1.06 Owner. "Owner" shall mean the City of Round Rock,
Texas, named and designated in the Agreement as the
"Party of the First Part" acting through its duly
authorized officers and agents.
1.07 Plans. "Plans" shall mean and include (a) all draw-
ings prepared by the Owner as a basis for proposal,
(b) all supplementary drawings furnished by the Engi-
neer as and when required to clarify the intent and
meaning of the drawings submitted by the Owner to the
Contractor, and (c) drawings submitted by the Contrac-
tor to the Owner when and as approved by the Engi-
neer.
1.08 Specifications. "Specifications" shall mean (a) all
written descriptions, methods and instructions prepar-
ed by the Owner as a basis for proposals, (b) all sup-
plementary written material furnished by the Engineer
as and when required to clarify the intent or meaning
of all written descriptions, methods and instructions
submitted by the Owner to the Contractor, and (c)
written descriptions submitted by the Contractor to
the Owner when and as approved by the Engineer.
1.09 Subcontractor. "Subcontractor" shall mean and refer
only to a business organization or individual having a
direct contract with the Contractor for (a) performing
a portion of the Contract work, or (b) furnishing
material worked to a special design according to the
Contract plans or specifications; it does not, how-
ever, include one who merely furnishes material not so
worked.
1.10 Substantially Completed. The term "substantially com-
pleted" shall mean that the structure or facility has
been made suitable for use is in condition to serve
its intended purpose, but still may require minor mis-
cellaneous work and adjustments.
1.11 Work. "Work" shall mean the work to be done and the
qipment, supplies, material, and services to be fur-
nished under the Contract unless some other meaning is
indicated by the context.
1.12 Working Day. A "working day" is defined as any day
not including Sundays or any legal holidays, in which
weather or other conditions, not under the control of
the Contractor, will permit construction of the prin-
cipal units of the work for a continuous period of not
less than seven (7) hours between 7:00 a.m. and 6:00
p.m.
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1.13 Written Notice. "Written notice" shall be deemed to
have been duly served if delivered in person to the
individual or to a member of the firm or to an officer
of the corporation for whom it is intended, or if de-
livered at or sent by certified or registered mail to
the last business address known to him who gives the
notice.
2. GENERAL PROVISIONS
2.01 Engineer's Status and Authority. It is mutually
agreed by and between the parties to this Contract
that the Engineer shall have general supervision and
direction of the work included herein. In order to
prevent delays and disputes and to discourage litiga-
tion it is further agreed by and between the parties
of this Contract that the Engineer shall in all cases
determine the amounts and quantities of the several
kinds of work which are to be paid for under the Con-
tract; that he shall determine all questions in rela-
tion to said work and the construction thereof, that
he shall in all cases decide every question which may
arise relative to the execution of the Contract on the
part of the Contractor; that his decisions and find-
ings shall be the conditions precedent to the right of
the parties hereto to arbitration or to any action on
the Contract and to the rights of the Contractor to
receive any money under this Contract; provided, how-
ever, that should the Engineer render any decision or
give any direction which in the opinion of either
party hereto is not in accordance with the meaning and
intent of this Contract, either party may file with
the Engineer within 30 days a written objection to the
decision or direction so rendered. It is the intent
of this Agreement that there shall be no delay in the
execution of the work, and the decision or directions
of the Engineer as rendered shall be promptly carried
out.
2.02 Right of Engineer to Modify Methods and Equipment. If
at any time the methods or equipment used by the Con-
tractor are found to be unsafe or inadequate to secure
the quality of the work or the rate of progress re-
quired under this Contract, the Engineer may direct
the Contractor in writing to increase their safety or
improve their character and efficiency and to cease
operations under this Contract until such direction is
complied with. No claims shall be made against the
Owner for damages caused by any delay resulting from
such order.
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2.03 Changes and Alterations. The Contractor agrees that
the Owner, through the Engineer, may make such changes
and alterations as the Owner may see fit in the line,
grade, form, dimensions, plans, or materials for the
work herein contemplated or any part thereof either
before or after the beginning of the construction
without affecting the validity of this Contract and
the accompanying bonds. If such changes or altera-
tions diminish the quantity of the work to be done,
they shall not constitute the basis fora claim for
damages or anticipated profits on the work that may be
dispensed with. If they increase the amount of work
and the increased work can fairly be classified under
the specifications, such increase shall be paid for
according to the quantity actually done and at the
unit price established for such work under this Con-
tract; otherwise such work shall be paid for as pro-
vided under Section 2.12 "Extra Work ". In the event
the Owner shall make such changes or alterations which
will make useless any work already done or material
already furnished or used in said work, then the Owner
shall compensate the Contractor for any materials or
labor so used, for any actual loss occasioned by such
change, and for the actual expenses incurred in prepa-
ration for the work as originally planned.
2,04 Damages. The right of general supervision by the
Owner shall not make the Contractor an agent of the
Owner, and the liability of the Contractor for all
damages to persons, firms, and corporations arising
from the Contractor's execution of the work shall not
be lessened because of such general supervision. The
Contractor is an independent contractor in regard to
work under this Contract, and as such is solely liable
for all damages to any persons, firms, corporations,
or their property as a result of the prosecution of
the work.
2.05 Losses from Natural Causes. All loss or damage aris-
ing out of the nature of the work to be done or from
the action of the elements or from any unforeseen cir-
cumstances in the prosecution of the work or from unu-
sual obstructions or difficulties which may be encoun-
tered in the prosecution of the work shall be sustain-
ed and borne by the Contractor at his own cost and
expense.
2.06 Laws and Ordinances. The Contractor shall at all
times observe and comply with all Federal, State, and
local laws, ordinances, rules and regulations which
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in any manner affect the Contract or the work end
shall indemnify and save harmless the Owner against
any claim arising from the violation of any such laws
and ordinances whether by the Contractor or his em-
ployees or his subcontractors and their employees.
2.07 Licenses, Permits and Certificates. Except as herein-
after stipulated, all licenses, permits, certificates,
etc. required for and in connection with the work to
be performed under the provisions of these Contract
Documents shall be secured by the Contractor at his
own expense. In the event a building permit is re-
quired such permit will be obtained by the. Owner at no
cost to the Contractor.
2.08 Royalties and Patents. The Contractor shall protect
and save harmless the Owner from all and every demand
for damages, royalties, or fees on any patented inven-
tion used by him in connection with the work done or
material furnished under this Contract; provided, how-
ever, that if any patented material, machinery, appli-
ance, or invention is clearly specified in this Con-
tract, the cost of procuring the rights of use and the
legal release or 'indemnity shall be borne and paid by
the Owner direct unless such cost is determined and
directed to be included in the bid price at the time
the Proposal is submitted.
2.09 KeeFing of Plans and Specifications Accessible. The
Engineer shall furnish the Contractor with three (3)
sets of executed Plans and Specifications without ex-
pense to , him, and the Contractor shall keep one copy
of the same constantly accessible on the work, with
the latest revisions noted thereon.
2.10 Discrepancies and Omissions. It is further agreed
that it is the intent of this Contract that all work
must be done and all material must be furnished in ac-
cordance with the generally accepted practice, and in
the event of any discrepancies between the separate
contract documents, the priority of interpretation de-
fined under "Contract Documents" shall govern. In the
event that there is still any doubt as to the meaning
and intent of any portion of the Contract, Specifica-
tions or Drawings, the Engineer shall define which is
intended to apply to the work.
2.11 Contractor's Understanding. It is understood and
agreed that the Contractor has, by careful examina-
tion, satisfied himself as to the nature and location
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of the work, the conformation of the ground, the char-
acter, quality and quantity of the materials to be en-
countered, the character of equipment and facilities
needed preliminary to and during the prosecution of
the work, the general and local conditions, and all
other matters which can in any way affect the work
under this Contract. No verbal agreement or conversa-
tion with any officer, agent, or employee of the Own-
er, either before or after the execution of this Con-
tract, shall affect or modify any of the terms or ob-
ligations herein contained.
2.12 Extra Work. The term "extra work" as used in this
Contract shall be understood to mean and include all
work that may be required by the Owner through the
Engineer to be done by the Contractor to accomplish
any change, alteration, or addition to the work shown
by the Plans or reasonably implied by the Specifica-
tions and not covered by the Contractor's Proposal,
except as provided in Section 2.03 - "Changes and
Alterations ".
It is agreed that the Contractor shall
perform all extra'work under the direction of the
Engineer when presented with a written Change Order
signed by the Engineer.
No claim for extra work of any kind will
be allowed unless ordered in writing by the Engineer.
In case any orders or instructions, either oral or
written, appear to the Contractor to involve extra
work for which he should receive compensation, he
shall make a written request to the Engineer for a
written Change Order authorizing such extra work.
Should a difference of opinion arise as to what does
or does not constitute extra work or concerning the
payment therefor and the Engineer insists upon its
performance, the Contractor shall proceed with the
work after making a written request for a written
Change Order and shall keep an accurate account of the
"actual field cost" thereof as provided under Method
"C" below.
2.13 Payment for Extra Work. It is agreed that the compen-
sation to be paid the Contractor for performing extra
work shall be determined by one or more of the follow-
ing methods:
Method "A" - By agreed unit prices;
Method "B" - By agreed lump sum; or
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Method "C" - If neither Method "A" or Method "B" can
be agreed upon before the extra work is
commenced, then the Contractor shall be
paid the "actual field cost" of the work
plus 15%.
Where extra work is performed under Method "C ", the
term "actual field cost" of such extra work is hereby
defined to be and shall include: (a) the payroll cost
for all workmen, such as foreman, mechanics, crafts-
men, and laborers; (b) the cost of all materials and
supplies not furnished by the Owner; (c) rental for
all power- driven equipment at agreed -upon rates for
the time actually employed or used in the performance
of the extra work; (d) transportation charges neces-
sarily incurred in connection with any equipment
authorized by the Engineer for use on said extra work
and which is not already on the job; (e) all power,
fuel, lubricants, water, and similar operating expens-
es; (f) all incidental expenses incurred as a direct
result of such extra work including sales or use taxes
on materials, payroll taxes, and the additional pre-
miums for construction bonds, workmen's compensation,
public liability'tnd property damage, and other insur-
ance required by the Contract where the premiums
therefor are baked on payroll and material costs. The
Engineer may direct the form in which accounts of the
"actual field costs" shall be kept and may also speci-
fy in writing before the work commences the method of
doing the work and the type and kind of machinery and
equipment to be used; otherwise these matters shall be
determined by the Contractor. Unless otherwise agreed
upon, the prices for the use of machinery and equip-
ment shall be incorporated in the written extra work
Change Order. The 15% of the "actual field cost" to
be paid the Contractor shall cover and compensate him
for his profit, overhead, and general superinten-
dence.
2.14 Assignment and Subletting. The Contractor shall not
assign or sublet the work or any part thereof without
the previous written consent of the Owner, nor shall
he assign, by power of attorney or otherwise, any of
the money payable under this Contract unless by and
with the consent of the Owner to be signified in like
manner. If the Contractor assigns all or any part of
any monies due or to become due under this Contract,
the instrument of assignment shall contain a clause
substantially to the effect that it is agreed that the
right of the assignee in and to any monies due or to
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become due to the Contractor shall be subject to all
prior liens of all persons, firms, and corporations
for services rendered or materials supplied for the
performance of the work called for in this Contract.
2.15 Subcontractors. The Contractor shall be as fully re-
sponsible to the Owner for the acts and omissions of
his subcontractors and of persons either directly or
indirectly employed by them as he is for the acts and
omissions of persons directly employed by him. Should
any subcontractor fail to perform the work undertaken
by him in a satisfactory manner, his subcontract shall
be immediately terminated by the Contractor upon writ -
ten notice from the Owner.
2.16 Owner's Status. Nothing contained in this Contract
shall create any contractual relation between any sub-
contractor and the Owner.
2.17 Completed Portions of Work. The Owner shall have the
right to take possession of and to use any completed
or partially completed portions of the work prior to
completion of the entire work, but such use shall not
constitute an acctieptance of any of the work not com-
pleted in accordance with the Contract Documents. If
the Engineer determines that taking possession of and
using partially completed work: substantially increases
the cost of or delays construction, the Contractor
shall be entitled to extra compensation or extension
of time or both as determined by the Engineer.
2.18 Materials. All materials furnished by the Contractor
shall be as required by the Plans and Specifications
or as otherwise stipulated. The Contractor shall not
start delivery of materials which he is to furnish
until the Engineer has approved the source of supply
of such materials.
2.19 Receiving and Storage of Materials. The Contractor
shall make arrangements for receiving and storing
materials. The Owner will not sign for or receive
shipments of materials consigned to the Contractor.
The Owner will not furnish storage space for materials
except where the written permission of the Engineer is
given.
2.20 "Or Equal" Clause. Whenever a material, product, or
article is specified or shown on the Plans by using
the name of the proprietary product or of a particular
manufacturer or vendor and is followed by the term "or
equal" the Contractor may submit a written request to
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the Engineer requesting approval of the use of a
material, product, or article he feels is truly equal
to the one specified. The Engineer will evaluate the
request to determine if the material, product, or
article is of equal substance and function and if it
will perform identically the duties imposed by the
general design. Written approval of an "or equal"
material, product, or article must be obtained from
the Engineer before it may be incorporated into the
work as a substitute for that specified -in the Con-
tract Documents.
2.21 Completed Work. The Contractor shall maintain contin-
uous adequate safeguards to protect all completed work
from damage, loss, or the intrusion of foreign ele-
ments.
2.22 Materials Furnished by the Owner. The Contractor
shall assume responsibility for and safeguard any and
all materials supplied by the Owner against loss or
injury. This provision shall extend to the taking of
all necessary sanitary precautions to avoid contamina-
tion of such materials that must be maintained and in-
corporated into the work in a sanitary condition.
2.23 Protection of Property. The •Contractor shall give
reasonable notice to the owner or owners of public or
private property and utilities when such property is
liable to injury or damage through the performance of
the work, and he shall make all necessary arrangements
with such owner or owners relative to the removal and
replacement or protection of such property or utili-
ties.
The Contractor shall satisfactorily shore, support,
and protect any and all structures, and all pipes,
sewers, drains, conduits, and other facilities belong-
ing to the Owner, and he shall be responsible for any
damage resulting thereto. The Contractor shall not be
entitled to any damages or extra pay as a result of
any postponement, interference, or delay caused by any
such structures and facilities being on the line of
the work whether they are shown on the Plans or not.
2.24 Shelters for Workmen and Materials. The building or
structures for housing men or the erection of tents or
other forms of protection for workmen or materials
will be permitted only as the Engineer shall authorize
or direct. The sanitary conditions of the grounds in
or about such structures shall at all times be main-
tained in a manner satisfactory to the Engineer.
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2.25 Sanitary Facilities. Necessary sanitary toilet facil-
ities or the use of all employees on the work shall
be of a type complying with State and local sanitary
regulations and shall be properly secluded from public
observation. These facilities shall be constructed
and maintained by the Contractor in such manner and at
such points as shall be approved by the Engineer.
Their use shall be strictly enforced.
3. CONTRACTOR'S OBLIGATIONS AND RESPONSIBILITIES
3.01 Labor, Equipment, Materials and Construction Plant.
The Contractor shall provide all labor, tools, equip-
ment, machinery, supplies, and materials necessary for
the prosecution and completion of this Contract where
it is not specifically provided that the Owner shall
furnish them. The Owner shall not be held responsible
for the care, preservation, conservation, or protec-
tion of any material, tools, or machinery on any part
of the work until it is finally completed and accept-
ed. The Contractor shall maintain on the job at all
times sufficient labor, material, and equipment to
adequately prosecute the work.
3.02 Performance and'Payment Bonds. It is further agreed
by the Parties to this Contract that the Contractor
will execute separate performance and payment bonds,
each in the sum of 100% of the total Contract price in
standard forms for this purpose, guaranteeing faithful
performance of the work and the fulfillment of any
guarantees required and further guaranteeing payment
to all persons supplying labor and materials or fur-
nishing him any equipment in the execution of the Con-
tract. It is agreed that the Contract shall not be in
effect until such performance and payment bonds are
furnished and approved by the Owner. The cost of the
premium for the performance and payment bonds shall be
included in the price bid by the Contractor for the
work under this Contract, and no extra payment for
such bonds will be made by the Owner.
The surety company or companies underwriting the per-
formance and payment bonds shall be acceptable accord-
ing to the latest list of companies holding certifi-
cates of authority from the Secretary of the Treasury
of the United States, shall be duly authorized to act
under the laws of the State of Texas as Surety, and
shall be approved by the Owner.
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3.03 Contractor's Ability to Perform. Upon request by the
Owner the Contractor shall furnish sufficient evidence
of his ability to perform the work which is outlined
in this document. This shall include an equipment in-
ventory and records showing the satisfactory comple-
tion of projects of equal magnitude in the past. It
shall be the prerogative of the Owner to terminate the
Contract as outlined in Section 7 "Termination of Con-
tract", if job progress indicates that the Contractor
lacks either appropriate experience or ability.
3.04 Superintendence and Inspection. The Contractor shall
give personal attention to the faithful prosecution
and completion of the Contract and shall keep a compe-
tent superintendent and any necessary assistants, all
of whom are satisfactory to the Engineer, on the work
continuously during its progress. The superintendent
shall represent the Contractor in his absence, and all
directions given to him by the Owner's representative
shall be as binding as if given to the Contractor.
In the event that the Contractor and the superinten-
dent are both absent from the site of the work for
prolonged periods time the Engineer may order any
or all work under this Contract to be stopped until
the Contractor provides continuous and proper supervi-
sion of the work. Such stoppage shall not constitute
a basis for any claim against the Owner for damages
caused by delay for such work stoppages.
3.05 Character of Employees. The Contractor agrees to em-
ploy only orderly, competent, and skillful persons to
do the work, and whenever the Engineer shall inform
him that the work being accomplished is of sub -stan-
dard character by reason of carelessness, incompe-
tence, or inexperience on the part of the workers the
installation of such work shall be immediately sus-
pended and shall not be resumed until the Engineer is
satisfied that the conditions causing such faulty work
have been corrected.
3.06 Contractor's Duty to Protect Persons and Property. In
the performance of this Contract, the Contractor shall
protect the public and the Owner fully by taking rea-
sonable precaution to safeguard persons from death or
bodily injury and to safeguard property of any nature
whatsoever from damage. Where any dangerous condition
or nuisance exists in and around construction sites,
equipment and supply storage areas, and other areas in
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anyway connected with the performance of this Con-
tract, the Contractor shall not create excavations,
obstructions, or any dangerous condition or nuisance
of any nature whatsoever in connection with the per-
formance of this Contract unless necessary to its per-
formance, and in that event the Contractor shall pro-
vide and maintain at all times reasonable means of
warning of any danger or nuisance created. The duties
of the Contractor in this paragraph shall be nondeleg-
able, and the Contractor's compliance with the speci-
fic recommendations and requirements of the Owner as
to the means of warning shall not excuse the Contrac-
tor from the faithful performance of these duties
should such recommendations and requirements not be
adequate or reasonable under the circumstances.
3.07 Safety Codes. The Contractor shall comply with all
applicable provisions of any Federal, State, and Muni-
cipal safety laws and building and construction codes.
All machinery, equipment, and other physical hazards
shall be guarded in accordance with the latest edition
of the "Manual of Accident Prevention in Construction"
of the Associated General Contractors of America ex-
cept where incomp with Federal, State, or Muni-
cipal laws or regulations.
3.08 Barricades. When barricades are used to satisfy
safety requirements, such barricades shall be properly
identified with the Contractor's name prominently
stenciled on both sides of the barricades with letters
at least 2 inches high.
3.09 Minimum Wages. All employees directly employed on the
work shall be paid not less than the established pre-
vailing wage scale for work of a similar character in
this locality. A scale of prevailing wages is includ-
ed in the Special Conditions of these Contract Docu-
ments. The Contractor shall pay not less than the
general prevailing wages shown on said scale and shall
keep accurate wages records accessible in accordance
with Article 5159 of the Revised Civil Statutes of
Texas.
3.10 Unsuitable Work or Materials. It is understood and
agreed that if the work or any part thereof or any
material furnished by the Contractor for use in the
work or selected for the same shall be deemed by the
Engineer as unsuitable or not in conformity with the
specifications, the Contractor shall, after receipt of
written notice thereof from the Contracting Officer,
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forthwith remove such material and replace, rebuild,
or otherwise remedy such work so that it shall be in
full accordance with this Contract.
Should the Contractor fail to initiate compliance with
the above provision within 72 hours or should he fail
to properly prosecute and complete correction of such
faulty work, the Engineer may direct that the work be
done by others and that the cost of the work be de-
ducted from monies due the Contractor. -
3.11 No Waiver of Contractor's Obligations. The Engineer,
supervisor, or inspector shall have no power to waive
the obligations of this Contract for the furnishing by
the Contractor of good material and of his performing
good work as herein described and in full accordance
with the plans and specifications. No failure or
omission of the Engineer, supervisor, or inspector to
condemn any defective work or material shall release
the Contractor from the obligation to at once tear
out, remove, and properly replace the same at any time
prior to final acceptance upon the discovery of said
defective work or material; provided, however that the
Engineer, supervisor, or inspector shall upon request
of the Contractor inspect and accept or reject any
material furnished, and once the material has been ac-
cepted by the Engineer, supervisor, or inspector such
acceptance shall be binding on the Owner unless it can
be clearly shown that such material furnished was not
as represented and does not meet the specifications
for the work. Any questioned work may be ordered
taken up-or removed for re- examination by the Engineer
prior to final acceptance, and if found not in accor-
dance with the specifications for said work, all ex-
pense of removing, re- examination, and replacement
shall be borne by the Contractor; otherwise the ex-
pense thus incurred shall be allowed as "Extra Work"
and shall be paid for by the Owner.
3.12 Site Clean Up. The Contractor shall not allow the
site of the work to become littered with trash and
waste material, but shall maintain the site in a neat
and orderly condition throughout the construction per-
iod. The Engineer shall have the right to determine
what is waste material or rubbish and the manner and
place of disposal. On or before the completion of the
work the Contractor shall, without charge therefor,
carefully clean out all pits, pipes, chambers, or con-
duits, shall tear down and remove all temporary struc-
tures built by him, shall remove all rubbish of every
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kind from the tracts or grounds which he has occupied,
and shall leave them in a condition satisfactory to
the Engineer.
3.13 Guarantee. During a period of 12 months from and
after the date of the final acceptance by the Owner of
the work embraced by this Contract, the Contractor
shall make all needed repairs arising out of defective
workmanship or materials, or both, which in the judg-
ment of the Owner shall become necessary during such
period. If within 10 days after the mailing of a
notice in writing to the Contractor or his agent the
said Contractor shall neglect to make or to undertake
with due diligence the aforesaid repairs, the Owner is
hereby authorized to make such repairs at the Contrac-
tor's expense; provided, however, that in case of an
emergency where, in the judgment of the Owner, delay
would cause serious loss or damage, repairs may be
made without notice being sent to the Contractor, and
the Contractor shall pay the cost thereof.
OWNER'S OBLIGATIONS AND RESPONSIBILITIES
4.01 Lines and Grades. All necessary lines and grades
shall be furnished by the Engineer. Whenever neces-
sary, work shall be suspended to permit performance of
this work, but such suspension will be as brief as
practicable, and the Contractor shall be allowed no
extra compensation therefor. The Contractor shall
give the Engineer ample notice of the time and place
where lines and grades will be needed. All stakes,
marks, etc. shall be carefully preserved by the Con-
tractor, and in case of careless destruction or remov-
al by him or his employees such stakes, marks, etc.
shall be replaced by the Engineer at the Contractor's
expense.
4.02 Right of Entry. The Owner reserves the right for its
personnel or its agents to enter the property or loca-
tion on which the work herein contracted are being
constructed or installed for the purpose of supervis-
ing and inspecting the work or for the purpose of con-
structing or installing such collateral work as the
Owner may desire.
4.03 Owner's Inspectors. It is agreed by the Contractor
that the Owner shall appoint such Engineer, supervi-
sors, or inspectors as the said Owner may deem neces-
sary to inspect the material furnished and the work
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done under this Contract, to see that the said mater-
ial is furnished, and to see that said work is done in
accordance with the plans and specifications therefor.
The Contractor shall furnish all reasonable aid and
assistance required by the Engineer, supervisors, or
inspectors for the proper inspection and examination
of the work and all parts thereof. The Contractor
shall regard and comply with the directions and in-
structions of the Engineer, supervisors, or inspectors
so appointed when such directions and instructions are
consistent with the obligations of this Contract.
4.04 Collateral Work. The Owner reserves the right to pro-
vide all labor and material essential to the comple-
tion of work that is not included in this Contract
either by a separate contract or otherwise. Any col-
lateral work shall be prosecuted in such a manner that
it will not damage the Contractor nor delay the pro-
gress of the work being accomplished under this Con-
tract. The respective rights of and operations of the
various interests involved shall be established and
coordinated by the Engineer.
4.05 Right -of -Way. Easements across private property and
lands needed for construction under this Contract will
be provided by the Owner.
4.06 Adequacy of Design. It is agreed that the Owner shall
be responsible for the adequacy of the design, suffi-
ciency of the Contract Documents, the safety of the
structure and practicability of the operations of the
completed project; provided the Contractor has com-
plied with the requirements of the said Contract Docu-
ments, all approved modifications thereof, and addi-
tions and alterations thereto approved in writing by
the Owner. The burden of proof of such compliance
shall be upon the Contractor to show that he has com-
plied with the said requirements of the Contract Docu-
ments, approved modifications thereof and all approved
additions and alterations thereto.
5. SCHEDULING AND PROGRESS OF WORK
5.01 Order and Prosecution of the Work. It is the meaning
and intent of this Contract, unless otherwise herein
specifically provided, that the Contractor shall be
allowed to prosecute his work at such times and sea-
sons in such order of precedence and in such manner as
shall be most conducive to economy of construction;
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provided however, that the order and time of prosecu-
tion shall be such that the work shall be substantial-
ly completed as a whole or in part in accordance with
this Contract within the time of completion hereafter
designated; provided also that the Engineer may direct
the time and manner of constructing any part or parts
of the work when in his opinion such should be given
priority to lessen the probability of danger to the
public or to anticipate seasonal hazards from the ele-
ments or to coordinate with other work being done for
or by the Owner.
5.02 Rate of Progress. The Contractor shall give the Engi-
neer full information in advance as to his plans for
carrying on any part of the work. If at any time
prior to the start or during the progress of the work
any part of the Contractor's plant or equipment or any
of his methods of executing the work appear to the
Engineer to be unsafe, inefficient, or inadequate to
insure the required quality or rate of progress of the
work, the Engineer may order the Contractor to in-
crease or improve his facilities or methods, and the
Contractor shall romptly comply with such orders; but
neither compliance with such orders nor failure of the
Engineer to issue such orders shall relieve the Con-
tractor from his obligation to secure the degree of
safety, the quality of work, and the rate of progress
required by this Contractor. The Contractor alone
shall be responsible for the safety, adequacy, and
efficiency of his plant, equipment, and methods.
5.03 Sunday, Holiday, and Night Work. Except in connection
with the care, maintenance, or protection of equipment
or of work already done, no work shall be done between
the hours of 6:00 p.m. and 7:00 a.m. or on Sundays or
legal holidays without written consent of the Engi-
neer.
5.04 Hindrances and Delays. No claims shall be made by the
Contractor for damages, hindrances, or delays from any
cause during the progress of any portion of the work
embraced by this Contract except where the work is
stopped by order of the Owner. If the Owner stops the
work for just cause because the Contractor is not com-
plying with the plans and specifications or the intent
thereof, the Contractor shall have no claim for dam-
ages, hindrances, or delays. However, if the Owner
stops the work for any other reason, the Contractor
shall be entitled to reimbursement paid by the Owner
for such expenses actually incurred which in the judg-
ment of the Engineer occurred as a result of the work
stoppage.
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Should delays repeatedly occur due to the Contractor's
failure to provide adequate plant, equipment, or per-
sonnel, or where the Engineer determines that unrea-
sonable inconvenience to the public is due to such
failure, the Contractor's operations shall be suspend-
ed until he shall have provided adequate plant, equip-
ment, and personnel to properly resume and continually
prosecute the work.
5.05 Extensions of Time. Should the Contractor be delayed
in the final completion of the work by any act or neg-
lect of the Owner or Engineer, or of any employee of
either, or by any other contractor employed by the
Owner, or by strikes, fire or other cause or causes
outside of and beyond the control of the Contractor
and which the Engineer determines could have been
neither anticipated nor avoided, then an extension of
time sufficient to compensate for the delay as deter-
mined by the Engineer shall be granted by the Owner;
provided, however, that the Contractor shall give the
Owner prompt notice in writing of the cause of delay
in each case. Extensions of time will not be granted
for delays caused by unfavorable weather, unsuitable
ground conditions or inadequate construction force.
5.06 Liquidated Damages for Failure to Complete on Time.
The Contractor agrees that time is of the essence of
this Contract and that the definite value of damages
which would result from delay would be incapable of
ascertainment and uncertain, so that for each day of
delay beyond the number of days herein agreed upon for
the completion of the work herein specified and con-
tracted for, after due allowance for such extension of
time as is provided for under the provisions of the
preceding paragraph, the Owner may withhold permanent-
ly from the Contractor's total compensation, not as a
penalty but as liquidated damages, the sum per day
given in the following schedule:
Amount of Liquidated
Amount of Contract Damages Per Day
Less than $ 5,000.00
$ 5,001.00 to $ 15,000.00
15,001.00 to 25,000.00
25,001.00 to 50,000.00
50,001.00 to 100,000.00
100,001.00 to 500,000.00
500,001.00 to 1,000,000.00
1,000,001.00 to 2,000,000.00
2,000,001.00 to 5,000,000.00
GC -17
$ 30.00
35.00
40.00
50.00
70.00
200.00
300.00
400.00
500.00
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6. INDEMNITY
6.01 Contractor's Indemnity Provision. To protect the
Owner from the Contractor's failure to perform any of
the foregoing duties or any of the terms of this Con-
tract, the Contractor shall indemnity and save harm-
less the Owner and the Owner's agents and employees
from all losses, damages, judgments, decrees, and ex-
penses or costs of any nature whatsoever arising out
of or in anyway connected with any claims or actions
at law or in equity brought against the Owner and the
Owner's agents and employees for the death or injury
to persons or for damage to property caused, or alleg-
edly caused, by any willful acts, negligence, nui-
sance, or breach of any term or condition of this Con-
tract by the Contractor, his agents, servants, subcon-
tractors, or employees. The Contractor shall further-
more indemnify and save harmless the Owner and the
Owner's agents and employees from all demands of sub-
contractors, workers, material persons, or suppliers
of machinery and parts thereof, equipment, power
tools, and supplies incurred in connection with work
to be performed under this Contract. Property of any
description, incliding property of the Owner, which
shall be damaged in the performance of this Contract
by the Contractor, his agents, employees, subcontrac-
tors or their employees and subcontractors shall be
restored to its condition prior to damage by the Con-
tractor at the Contractor's expense.
6.02 Workmen's Compensation Insurance. The Contractor
agrees to comply with the Workmen's Compensation Act
of the State of Texas, and to pay or cause to be paid
all compensation, medical or other benefits, which may
become due or payable thereunder, and to protect and
indemnify the Owner and the Owner's agents and employ-
ees from and against any and all liabilities by reason
of accidental injury, disease or death sustained by
subcontractor's employees. The Contractor shall fur-
nish the Owner with a certificate from the Industrial
Accident Board evidencing the Contractor's and subcon-
tractors' compliance with said statute.
6.03 Comprehensive General Liability Insurance. The Con-
tractor shall provide and maintain during the life of
this Contract and until all work under said Contract
has been completed and accepted by the Owner, a Com-
prehensive General Liability insurance policy, said
policy and the issuing carrier approved by the Owner,
which specifically insures the contractual liability
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of the Contractor assumed under Paragraph 6.01 above
entitled "Contractor's Indemnity Provision ". The lia-
bility coverage under this policy shall cover Indepen-
dent Contractors. Liability limits for the Comprehen-
sive General Liability insurance coverage under this
policy shall not be less than the following;
Bodily Injury $100,000 each person
$300,000 each accident
Property Damage $ 25,000 each accident
$ 50,000 aggregate
6.04 Owner's Protective Insurance. The Contractor shall
provide and maintain during the life of this Contract
and until all work under said Contract has been com-
pleted and accepted by the Owner, an Owner's and Con-
tractor's Protective Policy which co- insures the Owner
and the Owner's agents and employees with the same
Comprehensive General Liability coverage as described
in 6.03 above entitled "Comprehensive General Liabil-
ity Insurance ".
6.05 Comprehensive Automobile Liability Insurance. The
Contractor shall provide and maintain during the life
of this Contract and until all work under said Con-
tract has been completed and accepted by the Owner, a
Comprehensive Automobile Liability insurance policy,
said policy and issuing carrier approved by the Owner,
covering the operation on or off the site of the work
of all motor vehicles licensed for highway use, whe-
ther they are owned, non - owned, or hired by the Con-
tractor, in which shall specifically insure contrac-
tual liability of the Contractor assumed under the
above Paragraph 6.01 entitled "Contractor's Indemnity
Provision ". The liability limits for the Comprehen-
sive Automobile Liability insurance coverage shall not
be less than the following:
Bodily Injury $100,000 each person
$300,000 each accident
Property Damage $ 50,000 each accident
6.06 Insurance Certificate. In connection with the insur-
ance coverage set out in sections 6.02, 6.03, 6.04,
and 6.05 above, the Contractor shall furnish the Owner
with a certificate verifying said insurance. Said
certificate shall state that the Owner shall be given
10 days advance written notice before any provisions
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of the policies are changed or in the event said poli-
cies shall be cancelled. This Certificate of Insur-
ance shall be provided to the Owner prior to starting
any construction work in connection with this Con-
tract.
7. TERMINATION OF CONTRACT
7.01 Right of Owner to Terminate. If the Contractor should
be guilty of substantial violation of the Contract or
any provision thereof, the Owner, upon certification
by the Engineer as to the nature and extent of such
violation, may without prejudice to any Other resourc-
es or remedy give the Contractor written notice of
termination of the employment of the Contractor 10
days subsequent to such notice. Immediately following
such date the Owner may take possession of the site of
the work and all material, equipment, tools, and ap-
pliances thereon and may finish the work in accordance
with the provisions of Section 8 "Abandonment of Con-
tract by Contractor ", of these General Conditions.
7.02' Right of Contractpr to Terminate. If work should be
stopped by order of any public authority or court
through no act or fault of the Contractor for a period
of three (3) months or if the Owner should substan-
tially fail to perform the provisions of the Contract
with regard to Owner's obligations to the Contractor,
then the Contractor may, upon 10 days written notice
to the Owner, terminate this Contract and recover from
the Owner payment for all completed work.
7.03 Removal of Equipment. In the event that the Contract
should be terminated for any reason whatsoever, the
Owner may request the Contractor in writing to remove
any or all of his equipment, tools, and supplies, and
the Contractor shall comply with the request within 10
days after receipt of the notice. Should he fail to
do so within 10 days after receipt of such notice, the
Owner shall have the right to remove such equipment
and supplies at the expense of the Contractor and to
place such equipment, tools and supplies in storage at
the risk and expense of the Contractor.
8. ABANDONMENT OF CONTRACT BY CONTRACTOR
8.01 Notification of Contractor. If the Contractor should
abandon and fail to refuse to resume work within 10
GC -20
days after written notification from the Owner or the
Engineer or if the Contractor fails to comply with the
orders of the Engineer when such orders are consistent
with this Contract or with the specifications hereto
attached, then the Contractor shall be deemed as hav-
ing abandoned the Contract. In such event the Surety
on the bond shall be notified in writing and directed
to complete the work, and a copy of said notice shall
be delivered to the Contractor.
8.02 Retention of Contractor's Equipment and Materials by
Owner. After receiving sai notice of abandonment the
Contractor shall not remove from the work any machin-
ery, equipment, tools, materials, or supplies then on
the job, but the same together with any materials and
equipment under contract for the work may be held for
use on the work by the Owner or the Surety on the per-
formance bond or another contractor in completion of
the work; and the Contractor shall not receive any
rental or credit therefor except when used in connec-
tion with extra work where credit shall be allowed as
provided for under Section 2.12 entitled "Extra Work ",
it being understood that the use of such equipment and
materials will ultimately reduce the cost to complete
the work and will be reflected in the final settle-
ment.
8.03 Methods of Completing the Work. If the Surety should
fail to commence compliance with the notice for com-
pletion hereinbefore provided within 10 days after
service of such notice, then the Owner may provide for
completion of the work in either of the following
elective manners:
a. The Owner may thereupon employ such force of work-
ers and use such machinery, equipment, tools, mat-
erials, and supplies as said Owner may deem neces-
sary to complete the work and charge the expense
of such labor, machinery, equipment, tools, mater-
ials, and supplies to said Contractor, and the ex-
pense so charged shall be deducted and paid by the
Owner out of such monies as may be due or that may
thereafter at any time become due to the Contrac-
tor under and by virtue of this Contract. In case
such expense is less than the sum which would have
been payable under this Contract if the same had
been completed by the Contractor, then said Con-
tractor shall receive the difference. In case
such expense is greater than the sum which would
have been payable under this Contract if the same
GC -21
had been completed by said Contractor, then the
Contractor or his Surety shall pay the amount of
such excess to the Owner.
b. The Owner under sealed bids, after 14 days notice
published two or more times in a newspaper having
a general circulation in the county of location of
the work, may let the contract for the completion
of the work under substantially the same terms and
conditions which are provided in this Contract.
In case of any increase in cost to the Owner under
the new contract as compared to what would have
been the cost under this Contract such increase
shall be charged to the Contractor, and the Surety
shall be and remain bound therefor. However,
should the cost to complete any such new contract
prove to be less than what would have been the
cost to complete under this Contract, the Contrac-
tor or his Surety shall be credited therewith.
8.04 Final Acceptance. When the work has been completed
the Contractor and his Surety shall be so notified and
a Contract Completion Certificate as hereinafter pro-
vided shall be ihsued. A complete itemized statement
of the Contract accounts certified by the Engineer as
being correct shall then be prepared and delivered to
the Contractor and his Surety, whereupon the Contrac-
tor, his Surety or the Owner, as the case may be,
shall pay the balance due as reflected by said state-
ment within 15 days after the date of such Contract
Completion Certificate.
8.05 Disposition of Contractor's Equipment. In the event
the statement of accounts shows that the cost to com-
plete the work is less than that which would have been
the cost to the Owner had the work been completed by
the Contractor under the terms of this Contract or
when the Contractor or his Surety pay the balance
shown to be due by them to the Owner, then all machin-
ery, equipment, tools, materials, or supplies left on
the site of the work shall be turned over to the Con-
tractor or his Surety. Should the cost to complete
the work exceed the contract price, and the Contractor
or his Surety fail to pay the amount due the Owner
within the time designated hereinabove, and there re-
mains any machinery, equipment, tools, materials, or
supplies on the site of the work, notice thereof to-
gether with an itemized list of such equipment and
materials shall be mailed to the Contractor and his
Surety at the respective addresses designated in this
GC -22
Contract; provided, however, that actual written
notice given in any manner will satisfy this condi-
tion. After mailing or other giving of such notice
such property shall be held by the Owner at the risk
of the Contractor and his Surety subject only to the
duty of the Owner to exercise ordinary care to protect
such property. After 15 days from the date of said
notice the Owner may sell such machinery, equipment,
tools, materials, or supplies and apply the net sum
derived from such sale to the credit of -the Contractor
and his Surety. Such sale may be made at either pub-
lic or private sale, with or without notice, as the
Owner may elect. The Owner shall release any machin-
ery, equipment, tools, materials, or supplies whict
remain on the work and belong to persons other than
the Contractor or his Surety to their proper owners.
9. MEASUREMENT AND PAYMENT
9.01 Character of Measurements. No extra or customary
measurements of any kind will be allowed, but the
actual length, area, solid contents, number, and
weight only shall'be considered unless otherwise spe-
cifically provided.
9.02 Estimated vs. Actual Quantities. Any and all estimat-
ed quantities stipulated in the proposal form under
unit price items are approximate and are to be used
only (a) as a basis for estimating the probable cost
of the work and (b) for the purpose of comparing the
proposals submitted for the work. It is understood
and agreed that the actual amounts of work done and
materials furnished under unit price items may differ
from such estimated quantities and that the basis of
payment for such work and materials shall be for the
actual amount of such work done and the actual quan-
tity of materials furnished.
The Contractor agrees that he will make no claim for
damages, anticipated profits, or otherwise on account
of any difference between the amounts of work actually
performed and materials actually furnished and the
amounts estimated therefor in the proposal or other
Contract Documents; provided, however, that if the
actual quantity of any item should become as much as
25 percent more than or 25 percent less than the esti-
mated or contemplated quantity for such items, then
either party to this Contract shall be entitled upon
demand to a revised consideration on the portion of
GC -23
the work above or below 25 percent of the estimated
quantity prior to initiating work or furnishing mater-
ials for the overrun or underrun quantities. Such re-
vised consideration shall be determined by agreement
between the parties or otherwise by the terms of this
Contract as provided under Section 2.12 entitled
"Extra Work ".
9.03 Payment. In consideration of the furnishing of all
the necessary labor, equipment, and material and the
completion of all work by the Contractor, and on the
completion of all work and the delivery of all mater-
ial embraced in this Contract in full conformity with
the specifications and stipulations contained herein,
the Owner agrees to pay the Contractor the amounts set
forth in the Proposal attached hereto which has been
made a part of this Contract. The Contractor hereby
agrees to receive such amounts in full payment for
furnishing all material and all labor required for the
aforesaid work, for all expense incurred by him, and
for well and truly performing the same and the whole
thereof in the manner and according to this Contract,
the attached specifications, and requirements of the
Engineer.
9.04 Monthly Estimates and Payments. On or about the fifth
day of each month the Engineer will make an approxi-
mate estimate of the value of work done in conformity
with the plans and specifications during the previous
calendar month. The Contractor shall furnish to the
Engineer such detailed information as he may request
to aid him as -a guide in the preparation of monthly
estimates. After each such estimate shall have been
approved by the Owner, the Owner shall pay to the Con-
tractor 90 percent of the amount of such estimated sum
on or before the 15th day of said month.
It is understood, however, that in case the whole work
is near to completion and some unexpected or unusual
delay occurs due to no fault or neglect on the part of
the Contractor, the Owner may, upon written recommen-
dation of the Engineer, pay a reasonable and equitable
portion of the retained percentage to the Contractor.
9.05 Certificates of Completion. Within 10 days after the
Contractor has given the Engineer notice that the work
has been completed the Engineer shall inspect the work
and satisfy himself by examination and test that the
work has been finally and fully completed in accor-
dance with the plans, specifications and Contract. If
GC -24
so, the Engineer shall issue a Contract Completion
Certificate to the Owner and the Contractor. Such
certificate when issued shall constitute final accep-
tance of the work covered under this Contract.
9.06 Final Estimate and Payment. After the Contract Com-
pletion Certificate has been issued the Engineer shall
proceed to make final measurements and to prepare a
final estimate of the work done and materials furnish-
ed under this Contract and the value thereof. The
Engineer shall certify the Final Estimate and submit
it to the Owner within five (5) days from the date of
the Contract Completion Certificate.
The Owner shall pay the Contractor within 15 days from
the date of the Contract Completion Certificate the
entire sum shown due on the certified Final Estimate
prepared by the Engineer after deducting all amounts
to be kept and retained under any provision of this
Contract. However, it is to be specifically under-
stood that the final payment will not be paid by the
Owner to the Contractor under any circumstances until
the Notarized Affidavit required by Section 9.07 en-
titled "Notarized ", has been submitted to
• the Engineer.
All prior estimates and payments shall be subject to
correction in the final estimate and payment; but in
the absence of error or manifest mistake, it is agreed
that all estimates, when approved by the Owner, shall
be conclusive evidence of the work done and materials
furnished.
9.07 Notarized Affidavit. Before final payment for the
work by the Owner the Contractor shall submit to the
Engineer a notarized affidavit in duplicate stating
under oath that all subcontractors, vendors, and other
persons or firms who have furnished or performed labor
or furnished materials for the work have been fully
paid or satisfactorily secured. Such affidavit shall
bear or be accompanied by a statement, signed by the
Surety Company who provided the performance bond for
the work, to the effect that said Surety Company con-
sents to final payment to the Contractor being made by
the Owner.
9.08 Release of Liability. The acceptance by the Contrac-
tor of the last payment shall operate as and shall be
a release to the Owner and every officer and agent
thereof from all claims and liability hereunder for
anything done or furnished for or relating to the work
or for any act or neglect of the Owner or of any per-
son relating to or affecting the work.
GC -25
9.09 Contractor's Obligation. Neither the Contract Comple-
tion Certificate nor the final payment nor any provi-
sion in the Contract Documents shall relieve the Con-
tractor of the obligation for fulfillment of any war-
ranty which may be required in the Contract Docu-
ments.
9.10 Payments Withheld. The Owner may, on account of sub-
sequently discovered evidence, withhold or nullify the
whole or part of any payment to such extent as may be
necessary to protect himself from loss on account of:
a. Defective work not remedied.
b. Claims filed or reasonable evidence indicating
probable filing of claims.
c. Failure of the Contractor to make payments proper-
ly to subcontractors or for material or labor.
d. Damage to another contractor.
When the above grounds are removed or the Contractor
provides a Surety Bond satisfa2tory to the Owner,
which will protect the Owner in the amount withheld,
payment shall be made for amounts withheld because of
them.
GC -26
TECHNICAL SPECIFICATIONS
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The current City of Austin Standard Construction Specifica-
tions of Water and Wastewater Department and Engineering
Department are incorporated into this project by reference
and they shall be applied to this project except as modified
in these specifications and on the plans. Whenever the term
"City of Austin" is used in the Austin specifications, it
shall be construed to mean the City of Round Rock.
STREET
1. Subgrade density tests are required prior to depositing
base material.
2. Base density and thickness tests are required prior to
application of prime coat.
3. All testing shall be made by an independent laboratory
at the Owner's expense. An authorized representative
of the Owner shall be present when such tests are made.
The number of tests required shall be determined by the
Engineer or his authorized representative.
4. Pavement surface shall be Type "D" hot -mix, hot -lay
asphaltic concrete with a minimum asphalt content of
5%
5. Backfill behind curbs shall be compacted to obtain a
minimum of 95% of maximum density. Material used for
curb backfill shall be primarily granular (clay mater-
ials with higher P.I. than 35 are prohibited) and free
from boulders and clods larger than 6" in their great-
est dimension. Refer to Standard Detail No. 1 - "Pipe
Bedding" for backfill procedures.
6. For Item No.
Item No. 203
7. For Item No.
Item No. 210
WATER
1.
NOTES FOR REFERENCING CITY OF AUSTIN SPECIFICATIONS
FOR WORK WITHIN THE CITY OF ROUND ROCK
203 in Austin Specifications, substitute
attached.
210 in Austin Specifications, substitute
attached.
Water mains shall be PVC or asbestos cement pipe. The
type, size and class of pipe shall be shown on the
plans.
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2. PVC pipe used for water mains shall conform to AWWA
C -900.
3. Valves shall be Mueller iron -body gate valve with ends
as shown on plans.
4. Service material shall be type "K" copper tubing or 160
psi polyethylene tubing conforming to ASTM D2737, SDR 9
with brass fittings.
5. Fire hydrants shall be 3 -way Mueller, improved AWWA
type with pump nozzle for 4 -1/2" fire hose. A 6" gate
valve and valve box shall be provided on each fire
hydrant.
6. Compact trench backfill to obtain a minimum of 95% of
maximum density. Density of backfill trenches under
pavement shall be tested by an independent laboratory.
Such testing will be paid for by the Owner, and an
authorized representative of the City of Round Rock
shall be present when such tests are made.
7. All testing of pipe shall be done under the supervision
of the City, and the Contractor shall perform such
tests as required and furnish all equipment and mater-
ial for same.
8. Sterilization of mains shall be done under the supervi-
sion of the City, and the Contractor shall perform such
sterilization and furnish all material and equipment
for same. The City will be responsible for bacteriolo-
gical tests.
SEWER
1. Sewer pipe shall be PVC or vitrified clay pipe.
2. The type and size of pipe shall be shown on the plans.
3. The type of manhole shall be shown on the plans.
4. Compact trench backfill to obtain a minimum of 95% of
maximum density. Density of backfill trenches under
pavement shall be tested by an independent laboratory.
Such testing will be paid for by the Owner, and an
authorized representative of the City shall be present
when such tests are made.
5. All testing of pipe shall be done under the supervision
of the City, and the Contractor shall perform such
tests as required and furnish all material and equip-
ment for same.
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CITY OF ROUND ROCK
Item No. 203
Lime Treatment for Materials in Place
203.1 Description
This item shall consist of treating the subgrade, existing
subbase or existing base by the pulverizing, addition of lime,
mixing and compacting the mixed material to the required density.
This item applies to natural ground, embankment, or existing pave-
ment structure and shall be constructed as specified herein and in
conformity with the typical sections, lines and grades as shown on
the plans and as established by the Engineer.
203.2 Materials
1. "Hydrated Lime and Lime Slurry" named or referred to in
this item shall meet and be the same as the types and grades spe-
cified in the State Department of Highways and Public Transporta-
tion, Item 264, entitled "Hydrated Lime and Lime Slurry" from
their 1972 Standard Specifications for Construction of Highways,
Streets and Bridges.
2. When Type B, Commercial Lime Slurry, is specified, the
Contractor shall select, prior to construction, the grade to be
used and shall notify the Engineer in writing before changing from
one grade to another.
3. If the minimum design strength or the percent of lime
to be used for the treated subgrade, existing subbase or existing
base is specified, preliminary tests for substantiation shall be
performed in accordance with SDHPT Test Method Tex - 121 -E. In no
case shall the amount of lime used in construction be less than
that recommended in Fig. 3 of that test method, but may be more
depending on Tex -121 -E test results.
4. It is the intent of this specification that the sub -
grade soil, subbase or existing base which is to be lime stabiliz-
ed, be substantially free of organic matter such as concentrations
of weeds, grass, leaves, rotting wood and other such organic mat-
ter deleterious to all kinds of soil stabilization, be removed,
wasted and not included in the pavement sections or in the second-
ary subgrade.
203.3 Equipment
1. The machinery, tools and equipment necessary for proper
prosecution of the work shall be on the project and approved by
the Engineer prior to the beginning of construction operations.
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All machinery, tools and equipment used shall be maintained
in a satisfactory and workmanlike manner.
2. Hydrated lime shall be stored and handled in closed
weatherproof containers until immediately before distribution on
the street. If storage bins are used they shall be completely
enclosed. Hydrated lime in bags shall be stored in weatherproof
buildings with adequate protection from ground dampness.
3. If lime is furnished in trucks, each truck shall have
the weight of lime certified on public scales or the Contractor
shall place a set of standard platform truck scales or hopper
scales at a location approved by the Engineer.
4. If lime is furnished in bags, each bag shall bear the
manufacturer's certified weight. Bags varying more than 5 percent
from the weight may be rejected and the average weight of bags in
any shipment, as shown by weighing 50 bags taken at random, shall
not be less than the manufacturer's certified weight.
203.4 Construction Methods
1. General - It is the primary requirement of this speci-
fication to secure a completed course of treated material contain-
ing a uniform lime mixture free from loose or segregated areas, of
uniform density and moisture content, well bound for its full
depth and with a smooth surface suitable for placing subsequent
courses. It shall be the responsibility of the Contractor to reg-
ulate the sequence of his work, to use the proper amount of lime,
maintain the work and rework the courses as necessary to meet the
above requirements.
The street subgrade shall be constructed and shaped to con-
form to the typical sections, lines and grades as shown on the
plans or as established by the Engineer. The material, either
before or after lime is added, shall be excavated to the secondary
grade (proposed bottom of lime treatment) and removed or windrowed
to expose the secondary grade. The secondary grade shall be scar-
ified for a minimum depth of 6 inches. The scarified material
shall be pulverized, wetted, mixed and compacted in lifts not to
exceed 4 inches in thickness and when finished, shall conform to
the sections, lines and grades as shown on the plans or as estab-
lished by the Engineer. The moisture content of the compacted
subgrade at the time of compaction shall not be more than two per-
centage points below the optimum moisture content for the raw soil
as determined by SDHPT Test Method Tex - 113 -E. The dry density of
the compacted subgrade shall not be more than 102% nor less than
95% of the dry density of the raw soil as determined by SDHPT Test
Method Tex - 113 -E. The moisture content of clay subgrade soils in
the compacted secondary subgrade shall be maintained within + 4
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percent of its compaction moisture content until covered by subse-
quent layers of material unless otherwise approved by the Engi-
neer. Should wet or unstable areas develop in the secondary sub -
grade immediately prior to lime treatment of subgrade layers, the
unstable materials below the secondary subgrade shall be correct-
ed, as directed by the Engineer, by scarifying, adding lime and
compacting until it is of uniform stability.
If the contractor elects to use a cutting and pulverizing
machine that will remove the subgrade material accurately to the
secondary grade and pulverize the material at the same time, there
shall be no lessening of the requirement of exposing the secondary
grade material and treatment as set forth above. The contractor
may further elect to use the cutting and pulverizing machine to
process the secondary grade material to a minimum depth of 6 inch-
es. When cutting, pulverizing machines are used, the contractor
may, when approved by the Engineer, elect to compact the secondary
subgrade material in one lift; however, there shall be no lessen-
ing of moisture - density requirements, or maintenance of same as
set forth above. This method will be permitted only where a
machine is provided which will insure that the material is cut
uniformly to the proper depth and which has cutters that will
plane the secondary grade to a smooth surface over the entire
width of the cut. The machine shall be of such design that a
visible indication is given at all times that the machine is cut-
ting to the proper depth.
2. Application - Lime shall be spread only on the area
where the first mixing operations can be completed during the same
working day.
The application and mixing of lime with the material shall
be accomplished by the method hereinafter described as "Dry Plac-
ing" or "Slurry Placing ".
(a) Dry Placing (When approved by the Engineer)
The lime shall be spread by an approved spreader or by
bag distribution at the rates shown on the plans or as directed by
the Engineer.
The lime shall be distributed at a uniform rate and in
such manner as to reduce the scattering of lime by wind to a mini-
mum. Lime shall not be applied when wind conditions, in the opin-
ion of the Engineer, are such that blowing lime becomes objection-
able to traffic or adjacent property owners. A motor grader will
not be used to spread the lime.
The materials shall be sprinkled as directed by the
Engineer, until the proper moisture content has been secured.
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(b) Slurry Placing
The lime shall be mixed with water in trucks with
approved distributors and applied as a thin water suspension or
slurry. The distribution of lime at the rates shown on the plans
or as directed by the Engineer, shall be attained by successive
passes over a measured section of roadway until the proper mois-
ture and lime content has been secured. The distributor truck
shall be equipped with an agitator which will keep the lime and
water in a uniform mixture.
3. Mixing - The mixing procedure shall be the same for
"Dry Placing" or "Slurry Placing" as hereinafter described:
(a) First Mixing
The material and lime shall be thoroughly mixed by
approved road mixers or other approved equipment, and the mixing
continued until, in the opinion of the Engineer, a homogeneous,
friable mixture of material and lime is obtained, free from all
clods or lumps. Materials containing plastic clays or other
material which will not readily mix with lime shall be mixed as
thoroughly as possible at the time of the lime application,
brought to the proper moisture content and left to cure 1 to 4
days as directed by the Engineer. During the curing period, the
material shall be kept moist as directed.
(b) Final Mixing
After the required curing time, the material shall be
uniformly mixed by approved methods. If the soil binder -lime mix-
ture contains clods, they shall be reduced in size by raking,
blading, discing, harrowing, scarifying or the use of other ap-
proved pulverization methods so that when all nonslaking aggre-
gates retained on the No. 4 sieve are removed, the remainder of
the material shall meet the following requirements when tested dry
by laboratory sieves:
Percent
Minimum Passing 1 -3/4" Sieve 100
Minimum Passing No. 4 Sieve 60
During the interval of time between application and
mixing, hydrated lime that has been exposed to the open air for a
period of 6 hours or more or to excessive loss due to washing or
blowing will not be accepted for payment.
4. Compaction - Compaction of the mixture shall begin im-
mediately after final mixing and in no case later than 3 calendar
days after final mixing, unless approval is obtained from the
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Engineer. The material shall be aerated or sprinkled as necessary
to provide the optimum moisture. Compaction shall begin at the
bottom and shall continue until the entire depth of mixture is
uniformly compacted.
If the total thickness of the material to be treated
cannot be mixed in one operation, the previously mixed material
shall be bladed to a windrow just beyond the area to be treated
and the next layer mixed with lime as specified in Number 3. The
first layer of the treated material shall be compacted in such a
manner that the treated material will not be mixed with the under-
lying material.
The course shall be sprinkled as required and compact-
ed to the extent necessary to provide the density specified below
as determined by the use of the compaction ratio method:
Description
For lime treated subgrade, existing
subbase or existing base that will
receive subsequent subbase or base
courses.
For lime treated existing subbase
or existing base that will receive
surface courses.
-5-
Density, Percent
Not less than 95 except
when otherwise shown on
the plans.
Not less than 98 except
when otherwise shown on
the plans.
The testing will be as outlined in SDHPT Test Method
Tex -113 -E or other approved methods. In addition to the require-
ments specified for density, the full depth of the material shown
on the plans shall be compacted to the extent necessary to remain
firm and stable under construction equipment. After each section
is completed, tests as necessary will be made by the Engineer. If
the material fails to meet the density requirements, it shall be
reworked as necessary to meet these requirements. Additional lime
shall be added, at the sole expense of the contractor, when any
lime stabilized soil is reworked due to insufficient densities.
It shall be the sole responsibility of the Engineer either to
accept the reworked section or sections, or to require new Tex -
113-E moisture - density tests to determine the new density require-
ments on the then, different treated sections. Throughout this
entire operation, the shape of the course shall be maintained by
blading and the surface upon completion shall be smooth and in
conformity with the typical section shown on the plans and to the
established lines and grades. Should the material, due to any
reason or cause, lose the required stability density and finish
before the next course is placed or the work is accepted, it shall
be recompacted and refinished at the sole expense of the contrac-
tor.
203.5 Finishing, Curing and Preparation of Surfacing
After the final layer or course of the lime treated sub -
grade, subbase or base has been compacted, it shall be brought to
the required lines and grades in accordance with the typical sec-
tions. The completed sections shall then be finished by rolling
as directed with a pneumatic tire or other suitable roller suffi-
ciently light to prevent hairline cracking. Where continued re-
shaping and rolling of lime treated materials the contractor, at
his option, may blade off and waste the top 3/4 inch of retempered
material or he may re- sprinkle with additional lime slurry and
retain the material. In any case there shall be no final reduc-
tion in section thickness due to any blading off of retempered
material. The completed section shall be moist -cured for a mini-
mum of 7 days before further courses are added or any traffic is
permitted, unless otherwise directed by the Engineer. In cases
where subgrade treatment or subbase sets up sufficiently to pre-
vent objectionable damage from traffic, such layers may be opened
to traffic 2 days after compaction. If the plans provide for the
treated material to be sealed or covered by other courses of
material, such seal or course shall be applied within 14 days
after final mixing is completed, unless otherwise directed by the
Engineer.
203.6 Measurement
Lime treatment of the subgrade, existing subbase, and
existing base shall be measured by the square yard to neat lines
as shown on the typical sections.
When Type A, Hydrated Lime is used, the quantity of lime
will be measured by the ton of 2,000 pounds, dry weight.
When Type B, Commercial Lime Slurry is used, the quantity
of lime shall be calculated from the required minimum percent
solids based upon the use of Grade 1, Grade 2, or Grade 3 as fol-
lows:
Grade 1: The "Dry Solids Content" shall be at least 31
percent by weight of the slurry and the quantity of lime will be
calculated by the ton of 2,000 pounds based on the 31 percent, as
delivered on the road.
Grade 2: The "Dry Solids Content" shall be at least 35
percent by weight of the slurry and the quantity of lime will be
calculated by the ton of 2,000 pounds based on the 35 percent, as
delivered on the road.
Grade 3: The "Dry Solids Content" shall be at least 46
percent by weight of the slurry and the quantity of lime will be
calculated by the ton of 2,000 pounds based on the 46 percent, as
delivered on the road.
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203.7 Tolerances
The Engineer may elect to accept the work, provided that
not more than 20% of the density tests performed each day are out-
side the specified density requirement, from SDHPT Test Method
Tex -113 -E testing, by no more than 2 pounds per cubic foot and
where no two consecutive tests on continuous work are outside the
specified limits. Density tests shall be determined by SDHPT Test
Method Tex -115 -E or by other methods approved by the Engineer.
It shall be the responsibility of the Contractor as set
forth under "Description" and "Construction Methods" above, to
construct in accordance with the specifications herein to the
typical sections, lines and grades shown on the plans or as estab-
lished by the Engineer. Depth tests shall be made for total
thickness prior to final acceptance of the work. Thicknesses
which are within 1/4 inch of plan thicknesses shall be construed
as meeting plan thicknesses. Thicknesses deficient by more than
1/4 inch but less than 1/2 inch may be accepted by the Engineer
provided not more than any 300 linear feet of continuous work is
found to be deficient in thickness. When pavement is found to be
over 1/2 inch deficient in thickness, the contractor shall bring
the section found to be deficient, to the correct thickness by
laying hot -mix, hot -lay surfacing at his sole expense.
Coring - Thickness determinations shall be made in accord-
ance with SDHPT Test Method Tex -424 -A or other methods approved by
the Engineer.
203.8 Payment
Work performed and materials furnished as prescribed by
this item and measured as provided under "Measurement" will be
paid for as follows:
Lime will be paid for at the unit price bid per ton of
2,000 pound for "Lime ".
"Lime Treated Subgrade ", "Lime Treated Existing Subbase ",
and "Lime Treated Existing Base ", will be paid for at the unit
price bid per square yard.
The unit prices bid shall each be full compensation for
preparing the roadbed; for furnishing all materials; for all
freight involved; for public scales weighing charges or for fur-
nishing scales and labor involved in weighing the material; for
loosening, mixing, pulverizing, spreading, drying, application of
lime, sprinkling, rolling, shaping, maintaining; and for all
manipulations, labor, equipment, fuels, tools and incidentals
necessary to complete the work.
-7-
Payment will be made under:
Pay Item No. 203 -A: Lime treated subgrade - per square
yard.
Pay Item No. 203 -B: Lime treated existing subbase - per
square yard.
Pay Item No. 203 -C: Lime treated existing base - per
square yard.
Pay Item No. 203 -D: Lime, per ton.
-8-
210.1 Description
CITY OF ROUND ROCK
Item No. 210
Flexible Base
(Crushed Stone)
"Flexible Base" shall consist of a foundation course for
surfacing, pavement or other base courses; shall be composed of
crushed stone or gravel, and shall be constructed as herein speci-
fied in one or more courses in conformity with the typical sec-
tions shown on the plans and to the lines and grades as establish-
ed by the Engineer.
210.2 Material
The material shall be crushed or uncrushed as necessary to
meet the requirements hereinafter specified, and shall consist of
durable stone or gravel, crushed and /or screened to the required
particle size, with or without other approved fine sized material.
The material shall be from approved sources.
210.3 Grades
It is the intent of this specification that unless other-
wise indicated on the plans, the final course of the base material
shall consist of Grade 1, and other base course or subbase mater-
ials may consist of Grades 1 or 2. The final base courses shall
be defined as the design or plan thickness of flexible base, ex-
clusive of surfacing, up to a thickness of 8 inches. That depth
exceeding 8 inches in the thicker bases are referred to as other
base courses or subbase materials. Both grades shall, when tested
by SDHPT standard laboratory test procedures, meet the physical
requirements as set forth in the specification test limits tabula-
tion.
Testing of flexible base materials shall be in accordance
with the following Texas Highway Department standard laboratory
test procedures:
1) Preparation for Soil Constants
and Sieve Analysis Tex -101 -E
2) Liquid Limit Tex -104 -E
3) Plastic Limit Tex -105 -E
4) Plasticity Index Tex -106 -E
5) Sieve Analysis Tex -110 -E
6) Wet Ball Mill Tex -116 -E
7) Triaxial Test Tex -117 -E (Part II)
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Unless otherwise specified on the plans, job - control
samples for testing the materials for Soil Constants, Gradation
and Wet Ball Mill shall be taken prior to the compaction opera-
tions.
Unless otherwise specified on the plans, all base material
will be stockpiled after crushing; tested by the testing agency
designated by the City of Round Rock; and approved by the City of
Round Rock prior to being hauled to the project site.
The material shall be well graded and when properly tested,
shall meet the following requirements:
PHYSICAL REQUIREMENTS FOR FLEXIBLE BASE MATERIALS
Crushed or Broken Aggregate
Grade 1
GRADES
Grade 2
Retain on % Retained on %
Sq. Sieve Sq. Sieve
1 -3/4" 0 1 -3/4" 0 -10
7/8" 10 -35 No. 4 45 -75
3/8" 30 -50 No. 40 60 -85
No. 4 45 -65 Max. LL 40
No. 40 70 -85 Max. P1 12
Max. LL 35 *Max. Wet
Max. P1 10 Ball Mill 50
*Max. Wet
Ball Mill 40
Minimum compressive strength for both Grades 1 and 2 when
subjected to the triaxial test: 35 PSI to 0 PSI lateral pressure
and 175 PSI at 15 PSI lateral pressure, unless otherwise designat-
ed on the plans.
*Unless otherwise shown on plans, the maximum increase in
material passing the number 40 sieve resulting from the Wet Ball
Mill Test shall not exceed 20. The WBM test is not required on
flexible base consisting of crushed siliceous gravel.
210.4 Tolerances
The limits established reasonably close conformity with the
specified gradation and plasticity index are defined by the fol-
lowing:
The Engineer may accept the material, providing not more
than 2 out of 10 consecutive gradation tests performed are outside
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the specified time limit on any individual or combination of
sieves by no more than 5% and where no two consecutive tests are
outside the specified limit.
The Engineer may accept the material providing not more
than 2 out of 10 consecutive plasticity index samples tested are
outside the specified limit by no more than 2 points and where no
two consecutive tests are outside the specified limit.
210.5 Construction Methods
1. Preparation of Subgrade - The street shall be prepared
and shaped in conformity with the typical sections shown on plans
and to the lines and grades as established by the Engineer. Prior
to placement of any flexible base or subbase material, the sub-
grade clay soil shall be scarified to a minimum depth of 6 inches.
The scarified material shall be pulverized, wetted, mixed and com-
pacted in lifts not to exceed 4 inches in thickness and when
finished, shall conform to the sections, lines and grades as shown
on the plans or as established by the Engineer. The moisture con-
tent of the compacted subgrade at the time of compaction shall not
be more than two percentage points below the optimum moisture con-
tent for the raw soil as determined by SDHPT Test Method Tex -113-
E. The dry density of the compacted subgrade shall not be more
than 102% nor less than 95% of the dry density of the raw soil as
determined by SDHPT Test.
The moisture content of clay subgrade soils in the compact-
ed subgrade shall be maintained within + 4 percent of its compac-
tion moisture content until covered by subsequent layers of mater-
ial unless otherwise approved by the Engineer. The intent of this
requirement is to insure that swelling clay subgrade soils be
placed in the manner to lessen swell and heaving and then to main-
tain this condition until covered by subsequent materials. Should
wet or unstable areas develop in the subgrade just prior to place-
ment of base or subbase materials, such areas shall be corrected
as directed by the Engineer. The surface of the subgrade shall be
furnished to line and grade as established and in conformity with
the typical section shown on plans, and any deviations in excess
of 1/4 inch in cross section and in a length of 10 feet measured
longitudinally shall be corrected by loosening, adding or removing
material, reshaping and recompacting by sprinkling and rolling.
Sufficient subgrade shall be prepared in advance to insure satis-
factory prosecution of the work. Material excavated in the prep-
aration of the subgrade shall be utilized in the construction of
slopes or otherwise disposed of as directed, and any additional
material required for the completion of slopes shall be secured
from sources indicated on plans or designated by the Engineer.
Blue tops shall be set by the contractor for subgrade on center-
line, quarter points and curb lines at intervals not exceeding 50
feet.
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2. First Course - Immediately before placing the base
material, the subgrade shall be checked as to conformity with
grade and section. The thickness of each course shall not exceed
6 inches and will be equal increments of the total depth.
The material shall be delivered in approved vehicles of a
uniform capacity and it shall be the charge of the contractor that
the required amount of specified material shall be delivered in
each 100 -foot station. Material deposited upon the subgrade shall
be spread and shaped the same day unless otherwise directed by the
Engineer in writing. In the event inclement weather or other
unforeseen circumstances render impractical the spreading of the
material during the first 24 -hour period, the material shall be
scarified and spread as directed by the Engineer. The material
shall be sprinkled, if directed, and shall then be bladed, dragged
and shaped to conform to typical sections as shown on the plans.
All areas and "nests" of segregated course or fine material shall
be corrected or removed and replaced with well graded material, as
directed by the Engineer. If additional binder is considered
desirable or necessary after the material is spread and shaped, it
shall be furnished and applied in the amount directed by the Engi-
neer. Such binder material shall be carefully and evenly incor-
porated with the material in place by scarifying, harrowing,
brooming or by other approved methods.
The course shall be sprinkled as required and compacted to
the extent necessary to provide not less than the percent density
as hereinafter specified under "Density ". In addition to the
requirements specified for density, the full depth of flexible
base shown on the plans shall be compacted to the extent necessary
to remain firm and stable under construction equipment. After
each section of flexible base is completed, tests as necessary
will be made by the Engineer. If the material fails to meet the
density requirements, it shall be reworked as necessary to meet
these requirements. Throughout this entire operation, the shape
of the course shall be maintained by blading, and the surface upon
completion, shall be smooth and in conformity with the typical
section shown on the plans and to the established lines and
grades. In that area on which pavement is to be placed, any
deviation in excess of 1/4 inch in cross section and in a length
of 10 feet measured longitudinally shall be corrected by loosen-
ing, adding or removing material, reshaping and recompacting by
sprinkling and rolling. All irregularities, depressions or weak
spots which develop shall be corrected immediately by scarifying
the areas affected, adding suitable material as required, reshap-
ing and recompacting by sprinkling and rolling. Should the base
course, due to any reason or cause, lose the required stability,
density and finish before the surfacing is complete, it shall be
recompacted and refinished at the sole expense of the contractor.
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3. Succeeding Courses - Construction methods shall be the
same as prescribed for the first course. Blue tops shall be set
by the contractor for finished base grade on center -line and
intermediate points not exceeding 11 feet between points at 50
foot intervals.
4. Density - Each course of flexible base shall be com-
pacted to not less than 100 percent density when tested in accord-
ance with THD Test Method TEX- 113 -E. Field density determination
shall be made in accordance with approved methods.
210.6 Measurement
"Flexible Base" will be measured by the square yard at
depths specified in the proposal for the area of street as shown
on the typical sections of the plans or otherwise provided for in
the contract documents, complete in place; by the cubic yard,
loose vehicle measurement; or, by the cubic yard, complete in
place, as indicated in the proposal.
210.7 Payment
This item will be paid for at the contract unit price bid
for "Flexible Base" which price shall be full compensation for all
work herein specified, including the furnishing, hauling, and
placing of all materials, for all water required and for all
equipment, tools, labor and incidentals necessary to complete the
work.
Payment will be made under:
Pay Item No. 210 -A: Flexible Base (complete in place),
per square yard
Pay Item No. 210 -B: Flexible Base (loose vehicle measure-
ment), per cubic yard
Pay Item No. 210 -C: Flexible Base (complete in place),
per cubic yard
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SECTION 01 - SCOPE OF WORK
The work covered by these Specifications con-
sists of furnishing all labor, equipment, appli-
ances, materials and performing all operations
in connection with the construction of park
facilities including, but not limited to, water
line, sewer line, underground electric, access
road, parking lot, concession stand with rest -
rooms, softball field, and other related work,
complete in accordance with the Plans, and sub-
ject to the terms and conditions of the Contract
Documents.
01 -1
SECTION 02 - CONCESSION STAND AND /OR RESTROOM CONSTRUCTION
The complete structure shall conform to the
applicable portions of the Plans and governed
by the following Specification sections:
SECTION 03 - FOUNDATION
SECTION 04 - FRAMING AND CARPENTRY
SECTION 05 - ROOFING
SECTION 06 - MISCELLANEOUS METALS AND
METAL DOORS
SECTION 07 - MASONRY
SECTION 08 - CONCRETE
SECTION 09 - PLUMBING & PLUMBING FIXTURES
SECTION 10 - PAINTING
SECTION 11 - GALVANIZED CHAIN LINK FENCING
SECTION 12 - SOFTBALL FIELD
SECTION 13 - ELECTRICAL
SECTION 14 - LAMINATED PLASTIC TOILET
PARTITIONS
Refer to each Specification section as requir-
ed.
02 -1
SECTION 03 - FOUNDATION
It shall be the Contractor's responsibility to
ensure that the floor slab is laid to the pro-
per grade. The Owner will set a bench mark,
if not already set at the site, for the slab
and a location stake for one corner of the
slab. It shall be the Contractor's responsi-
bility to locate the other corners so that
building dimensions and angles are correct. A
grade beam shall be around all sides, and tie
beams as shown on the Plans. The floor slab
shall be 4" thick and shall be reinforced with
No. 6 gauge welded wire fabric on 6" centers.
Reinforcing steel shall be held in position by
supporting chairs or by other means as approv-
ed by the Engineer.
03 -1
SECTION 04 - FRAMING AND CARPENTRY
04 -01 GENERAL
04 -02 WORKMANSHIP
04 -03 MATERIALS
04 -04 CAULKING
This item shall consist of furnishing all
labor, tools, supplies and materials including
hardware and performing all rough and finish
framing and carpentry including installation
of finish hardware in accordance with these
Specifications and as shown on the Plans.
Workmanship shall be of the best quality with
accurate cuts, close fitting, square bearing,
plumb and level, secured rigidly in place.
All general framing shall be done in accord-
ance to accepted standards of good practice as
evidenced in N.F.P.A. "Manual for House Fram-
ing". Structural framing members shall not be
cut or notched.
All materials used in the construction shall
be new and of the quality given in these
Specifications. Stress - graded lumber shall be
used for all column posts, studs, beams, head-
ers, plates, rafters, and other structural
members. Non - stress graded lumber may be used
for non - structural members only. Rough cut
column posts, beam and rafter timbers shall be
42 grade Western Red Cedar with an allowable
bending stress of not less than 1100 psi.
The caulking material shall be "Vulcatex" as
made by W. R. Grace & Co., or approved equal,
of light color, elastic and waterproof. It
shall not slump in hot weather or become
brittle in cold weather, and will not stain
masonry or corrode. Oakum shall be clean,
untwisted, white and approved for use
intended.
Rake clean and then fill exterior joints
between door frames and adjoining masonry with
caulking compound by gun method and dress
joints smooth. If spaces to be filled require
04 -1
excessive amount of compound, such spaces may
first be caulked with oakum driven in place
with caulking tool to a distance of one inch
back from face of masonry and then filled out
with compound, or fill such spaces completely
with compound. Caulk jambs and heads of doors
and between lintels and masonry or stone over
door frames.
04 -2
SECTION 05 - ROOFING
05 -01 GENERAL
This item shall consist of furnishing all
labor, tools, supplies, roofing materials
(including roofing nails) and performing the
installation of roofing, in accordance with
these Specifications and as shown on the
Plans.
05 -02 WORKMANSHIP
05 -03 MATERIALS
Workmanship shall be of the best quality and
installed according to the standard instruc-
tions of the roofing material manufacturer.
The entire roof shall be 26 -gauge multi -rib
galvanized steel panels, one continuous
length. Stringers shall be 1 "x6" #2 grade
Southern Yellow Pine on 18" centers. Nails
used shall be of sufficient length and holding
power as required for proper securement of
stringers to rafters. In the exposed area
stringers shall be 1 "x6" rough sewn cedar.
05 -1
SECTION 06 - MISCELLANEOUS METALS AND METAL DOORS
06 -01 MISCELLANEOUS METALS
All roof edges shall have a galvanized metal
eave strip, Style "B ", 29- gauge.
06 -02 METAL DOORS
06 -02.1 General
This item shall consist of furnishing all
materials, labor and tools necessary for the
installation of hollow metal doors and frames
as shown on the Plans, and as described in the
door schedule on the Plans and as specified
herein.
06 -02.2 Materials
All doors shall be new and free from defects
impairing their strength, durability or
appearance. Doors shall be heavy duty fabri-
cated from two 18 -gauge steel sheets with no
visible seam on either face. All doors shall
be of the size shown in the door schedule on
the Plans. The doors shall have 10 -gauge
hinge reinforcing plates and 14 -gauge rein-
forcing for latch and lock reinforcing. Doors
shall be mortised, drilled and tapped to
receive mortise lock -set hardware. Doors
shall be Tex Steel, CECO, or approved equal.
Door frames shall be standard type for 8"
masonry unit walls formed from 16 -gauge steel
with 2" wide jamb faces and hinge reinforcing.
Frames shall be fully mortised, reinforced,
drilled, tapped and ready for finish hardware.
Frame corner to be welded, filled and ground
smooth. Doors and frames shall be cleaned and
finished with one coat of rust inhibitive
primer by manufacturer.
06 -02.3 Hardware
Each door shall be equipped with three hinges,
lockset, wall stop and holder. Hinges shall
be two ballbearing with mortised type hinges.
Locksets shall be Yale Series 6300 or equal.
All locks shall have same combination with
four (4) keys provided. Both restroom doors
shall be equipped with an approved automatic
closing device.
06 -1
06 -02.4 Installation
Door frames shall be erected plumb and with
all clearances maintained. Frames shall be
anchored securely in place at floor at three
(3) places on each jamb and at the top by use
of "T" bars. Doors shall be mounted in plumb
position and balanced in free operating condi-
tion.
06 -2
SECTION 07 - MASONRY
07 -01 GENERAL
The Contractor shall furnish all materials and
labor necessary to erect concrete masonry
block and native field stone walls as shown on
the Plans.
07 -02 MATERIALS
Concrete Masonry Units - Hollow load- bearing
units, ASTM C90, Grade A and solid load -bear-
ing units, ASTM C145. Both high pressure
steam cured.
07 -03.1 Mortar
07 -03.2 Masonry
Portland Cement - ASTM C150.
Masonry Cement - ASTM C91, Type II.
Sand - ASTM C144.
Water - As specified in ASTM C94.
Mortar - Use either of the following mixes:
Masonry Cement Mortar Portland Cement Mortar
1 Part Masonry Cement 1 Part Portland Cement
3 Parts Sand 1 Part Lime Putty
6 Parts Sand
Hydrated Lime - ASTM C207, Type S.
Masonry Wall Reinforcement - Dur- O -Wal, Truss
Design, No. 8, extra heavy or equivalent, as
manufactured by Carter -Wales Company.
07 -03 CONSTRUCTION METHODS
Measure materials accurately by volume and mix
thoroughly. Add no water to mortar that has
stiffened due to delay in placing. Discard
mortar too stiff to use.
Construct walls plumb and true with courses
level and having uniform thickness of joints.
07 -1
Bond and anchor intersecting walls. Construct
walls in dry weather and provide waterproof
covering over partially completed work if work
is suspended for any reason. Provide and
install anchors, nailing strips, hangers, and
similar installation. Construct walls water-
tight against blowing rain. Place only dry
blocks in wall. Use full mortar bedding
except provide for weephole drainage. Shove
vertical joints tight. Provide smooth concave
exterior joints made with suitable tool after
mortar has stiffened. Strike joints flush on
interior of walls. Fill cells as indicated.
Remove projecting mortar surface irregulari-
ties and clean wall with diluted muriatic
acid, if so directed.
07 -03.3 Masonry Wall Reinforcement Placement
Where shown on Plans, install in horizontal
mortar joint, masonry wall reinforcement.
07 -03.4 Stone Masonry
The material shall be of the field stone type
geneally found and available in the Round Rock
vicinity. The Contractor shall submit samples
of the stone to the Owner for approval prior
to construction. The stone shall be cut to
conform to the wall thickness as shown on the
Plans. The individual pieces of stone shall
vary in size and shape but the Contractor
shall keep the courses in an approximate hori-
zontal line. The stone shall be laid in a
"ledgestone" manner and not in a "flagstone"
fashion. The stone walls shall be reinforced
with galvanized "2- bars ", 3/16" diameter,
spaced no more than 24" vertically and 32"
horizontally. The mortar joints shall be a
minimum 1/2" with full mortar coverage on ver-
tical and horizontal faces. The surface of
the stone shall be kept clean and free of mor-
tar. The stone work shall be true and plumb
and built to the general dimensions shown on
the Plans with all voids at corners, inter-
secting walls, and jamb openings filled with
mortar. Any stones that may be loosened after
the mortar has taken its set shall be removed,
cleaned and relaid with fresh mortar.
07 -2
SECTION 08 - CONCRETE
08 -01 GENERAL
08 -02.2 Water
08 -02.4
Use either ready -mixed concrete (ASTM C94) or
site -mixed concrete.
Contractor to assume responsibility of design
of concrete mixture. Furnish statement giving
proportion of materials in mixes. Furnish
commercial laboratory reports showing that
proportions and materials selected will pro-
duce laboratory -mixed concrete of specified
quality and having strength 20 percent higher
than that specified.
08 -02 MATERIALS
08 -02.1 Cement
ASTM C150, Type I unless authorized to be Type
III.
ASTM Specifications for weight variations and
length of storage. Use no caked cement.
Deliver in bags for site -mixed concrete. Use
only one brand of cement in any one structure.
Cement for Class "P" concrete may be delivered
in bulk if method of handling is approved.
Clean and free from injurious amounts of oils,
acids, alkalis and other deleterious substanc-
es.
08 -02.3 Coarse Aggregate
Use coarse aggregate composed of clean, dur-
able particles free of clay or other coating
which would adversely affect bonding of aggre-
gate to cement paste, and conforming to ASTM
C33. Standard size from No. 4 to 1 -1/2" and
modify in accordance with following require-
ments. Not larger than one -fifth of narrowest
dimension between sides of forms, nor larger
than three - fourths of minimum clear spacing
between reinforcing bars.
Fine Aggregate
ASTM C33.
08 -1
08 -02.5 Air - Entraining Admixtures
ASTM C260.
08 -03 STORAGE OF MATERIALS
08 -03.1 Cement
Store off ground in well ventilated, weather-
proof building.
08 -03.2 Aggregate
Prevent admixture of foreign materials with
aggregate, and preserve gradation.
08 -04 MEASUREMENT OF MATERIALS
Measure materials by weight.
Water may be measured by volume.
Cement may be measured by bag. One bag
weighs 94 pounds.
08 -05 CONDITION OF EQUIPMENT
Maintain equipment, tools, and machinery in
condition to ensure proper function and com-
pletion of work without excessive delays.
08 -06 CLASSIFICATION AND PROPORTIONING
08 -06.1 Proportioning
Concrete materials will be proportioned on
basis of maximum water- cement ratio and mini-
mum strength allowable, with limits set on
minimum cement content. Increase cement con-
tent above minimum, without additional cost to
Owner, if at any time the type, gradation, or
sizes of aggregate being supplied requires
that extra cement be added to meet strength
and workability requirements.
08 -2
08 -06.2 Classification
Min. Max.
Compressive Water
Strength Content Min. Consistency
(Lbs. per per Bag Cement Range
Sq. Inch) of Cement (Bags per in Slump
Class Type 7- Day /28 -Day (Gal.) Cu. Yd) (Inch)
A Structural 2000 3000 6.25 5.25 2 -1/2 to
4 -1/2
B Slope 1200 2000 8.50 4.25 2 -1/2 to
Paving or 4
Fill
C Pipe 1500 11.0 3.0 3 to 5
Blocking
D Seal Slab 4.0 6 to 8
P Paving 2000 3000 6.25 6.0 4 to 6
Use minimum of 6.5 bags of cement per cubic
yard of concrete if to be placed under water.
Include in maximum water, free water in aggre-
gate minus absorption of aggregate based on a
30 minute absorption period.
For concrete for prestressed item, see applic-
able prestressed concrete specifications.
08 -06.3 Consistency
Furnish concrete with consistency that can be
worked into corners and around reinforcing
steel without segregation of materials or hav-
ing free water collect on surface. Change
proportions if necessary to obtain satisfac-
tory mix. Furnish equipment for slump test in
accordance with ASTM C143.
08 -06.4 Cold Weather
Unless prior approval is obtained, do not mix
concrete when air temperature is at or below
40 ° F. (taken in shade away from artificial
heat) and falling, or if temperature is likely
to fall below 40 ° F. in next 24 hours. Con-
crete may be mixed when temperature is 35 ° F.
08 -3
and rising, if approved by Engineer. If
authorized for placement during cold weather,
place concrete and protect concrete against
freezing during curing period in accordance
with PCA "Design and Control of Concrete Mix-
tures". Protect concrete from temperatures
below 32 ° F. until it has cured for minimum of
3 days at 70 ° F. or 5 days at 50 ° F. Remove and
replace unsatisfactory concrete.
08 -07 MIXING AND MIXING EQUIPMENT
08 -07.1 Mixer
Use approved type and size, and do not load
beyond manufacturer's rated capacity.
08 -07.2 Mixing Time
Mix batches of one cubic yard or less for min-
imum of one and one -half minutes after mater-
ials are placed in mixer. Increase mixing
time 15 seconds for each half yard increase
over one cubic yard batch.
08 -07.3 Batch Material Control
Maintain positive batch control equipment,
accurate to within one percent.
08 -07.4 Operation and Maintenance of Equipment
Clean, maintain and operate equipment such
that it is at all times capable of thoroughly
mixing materials as required.
08 -07.5 Hand Mixing
When and as approved.
08 -08 MEASUREMENT AND PAYMENT
No separate payment for work performed under
this section except as indicated below. In-
clude cost of same in contract prices bid for
items of which this work is a component.
"Extra Concrete ", when ordered by Engineer,
will be measured by cubic yard of acceptable
concrete of class ordered, complete in place.
08 -4
Pay for "extra concrete" at the contract unit
price bid per cubic yard for classes of "extra
concrete" used.
08 -5
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SECTION 09 - PLUMBING AND PLUMBING FIXTURES
09 -01 GENERAL
The Contractor shall furnish all materials,
labor and services for complete plumbing sys-
tem, including hot and cold water, waste and
vents, gas piping, flashing, floor drains, and
other accessories.
Plans show fixture locations and diagrams.
Install system in accordance with local rules
and regulations. Any modifications required
to comply with such rules and regulations to
be made at Contractor's expense. Obtain
approval before proceeding with any such modi-
fications.
09 -02 MATERIALS
09 -02.1 Water Lines
B88 Type K, hard or soft drawn copper water
tube with solder joint fittings of brass; use
50 -50 tin -lead solder.
09 -02.2 Soil, Waste, Vent and Drain Piping
Plans designate type of materials to use.
a) Ferrous System:
1. 2" and larger - extra -heavy cast iron
soil pipe and fittings.
2. 1 -1/2" and smaller - extra -heavy gal-
vanized wrought iron, threaded, with
150 lb. M.I. fittings.
b) Plastic Systems:
Unplasticized normal impact PVC pipe and
drainage fittings.
09 -02.3 Gas Piping
Butt - welded, Schedule 40, ASTM A53, black,
with 150 lb. M.I. banded fittings.
09 -02.4 Valves for Water Lines
150 lb. globe, composition disc, equal to
Crane No. 1310.
09 -1
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09 -02.5 Hose Bibbs
Brass hose valve, angle pattern, composition
disc, Chicago Standard hose thread, male out-
let; NPT female inlet, equal to Crane No. 117
with cap and chain.
09 -02.6 Shock Absorbers
As manufactured and recommended by Wade Manu-
facturing Company.
09 -02.7 Valves for Gas Lines
Iron body, bronze plug, equal to Crane No.
1228.
09 -02.8 Hangers and Supports
Galvanized steel or copper; use only commer-
cial products.
09 -03 INSTALLATION
Place all inserts and sleeves before concrete
is poured. Cut slabs or walls only under
direction of Engineer.
All piping through slabs and walls to be
sleeved. Furnish escutcheon plates on finish-
ed floors and walls.
Pitch all soil, waste, drain and vent piping
uniformly 1/4" per foot, and in no case less
than 1/10" per foot.
Extend risers 10 inches above roof and flash
through roof with 3 pound lead extending not
less than 12 inches in all directions; make
waterproof joint with roof and pipe. Follow
Plans where indicated for taller stacks and
special outlets.
Place cleanouts at end points of change in
direction of drain, soil and waste lines; at
foot of risers; and at all offset points where
indicated or required. Cleanouts same size as
line; close with bronze screw plug. At fin-
ished floors or walls, provide brass metal
caulking ferrules with extended brass flange
covers having countersunk head. Provide
P -traps at all floor drains unless otherwise
designated.
09 -2
09 -04 TESTS
Hangers and Supports - Recommended spacing but
not more than 8 foot centers; copper to cop-
per; rustproof permanent anchors for securing
to structure. Support all vertical stacks at
base, just below roof line, and as otherwise
necessary to keep in alignment. Support all
piping to prevent sagging, vibration, or dam-
age from expansion and contraction.
Furnish all equipment necessary for tests.
Make all tests required by Engineer, State or
Municipal body having jurisdiction. Notify
Engineer and City Inspector prior to perform-
ing tests; conduct tests under supervision.
Test vertical soil and waste stacks or vents
as soon as set; plug and hold hydrostatic for
24 hours. Make final test after roughing -in
is complete and before making sewer connec-
tion. Fill to top of vertical lines and hold
24 hours.
Test water piping to hydraulic pressure of 100
psi; maintain for one hour.
Test gas piping to 45 psi, pneumatically; hold
for two hours without drop in pressure.
Repair or replace as necessary to eliminate
leaks and defects. Do not proceed with work
until tests accepted.
09 -05 PLUMBING FIXTURES
09 -05.1 General
All plumbing fixtures and toilet accessories
shall be furnished and installed at locations
shown. Items to be supplied shall be listed
or approved equal. All wall carrier fittings
with tool supports shall be Zurn or approved
equal.
09 -05.2 Lavatory
American Standard #F 304 40, 20 "x14" vitreous
china lavatory with #2279.016 single faucet,
vandalproof with slow self - closing metering
handle, and one 1 -1/4" 20 -gauge chrome finish
"P" trap. Two required.
09 -3
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09 -05.3 Water Closets
1) American Standard #9468.018 high closet
with Sloan Royal #110 flush valve and American
Standard *9500 Moltex heavy duty, open front
seat. Two required.
09 -05.4 Urinal
2) American Standard #2206.027 with Sloan
Royal #110 flush valve and American Standard
#9500 Moltex heavy duty, open front seat. One
required.
American Standard #6500.011 vitreous china
washout urinal with Sloan Royal #186 -11 urinal
flush valve. One required.
09 -05.5 Service Sink
American Standard Flat FL -1 laundry sink with
one piece leg assembly and American Standard
Aquaseal Valve #2103.638. One required.
09 -05.6 Liquid Soap Dispenser
Over each lavatory furnish and install one
liquid soap dispenser #11, with 12 oz. capa-
city as manufactured by American Dispenser
Co., Inc. Two required.
09 -05.7 Paper Towel Cabinet
Adjacent to cold water side of lavatory (right
hand) install at convenient height, one paper
towel cabinet No. 575 (old CMTC) stainless
steel, as manufactured by American Dispenser
Co., Inc. Two required.
09 -05.8 Toilet Paper Holder
Install for each water closet, one toilet
paper holder #71BSU Twin Roll, stainless
steel, as manufactured by American Dispenser
Co., Inc. Two required.
09 -05.9 Mirror
Above each lavatory install one #778 polished
stainless steel mirror, 17 -1/2" x 29 -1/2" in
09 -4
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SECTION 10 - PAINTING
10 -01 GENERAL
The item that shall be painted or stained
shall be all exposed concrete masonry wall
block surfaces in the restrooms, all exposed
wood surfaces, and the metal doors and frames.
Only skilled workmen shall be employed to
apply paints and finish materials. Clean and
prepare all surfaces that are to be painted
thoroughly prior to application of paint. All
paints shall be applied with brush or spray
equipment in even and thorough coats, without
runs, sags or other blemishes. All coats of
paint shall be allowed to dry thoroughly,
regardless of material used, before applica-
tion of succeeding coat, except when the manu-
facturer recommends otherwise. All painted
surfaces shall be properly sanded between
coats of enamel, paint or shellac when applied
to any surface other than masonry or stained
rough cedar. All paints and stains shall be
applied in strict accordance with the manufac-
turer's recommendations.
10 -02 CONCRETE MASONRY BLOCK
The exposed concrete masonry block walls in
the restrooms shall receive two coats of
paint. The first coat shall be of "Hydrocide
S -X Colorless" as manufactured by L. Sonneborn
Sons, Inc., or approved equal. The second
coat shall be of "Luxon Basement Wall Paint ",
as manufactured by Sherwin Williams Co., or
approved equal.
10 -03 WOOD SURFACES
All exposed wood surfaces, such as rough cedar
posts, headers, beams and rafters, the under-
side of the yellow pine roof decking, and any
incidental trim boards shall receive two coats
of a full bodied water repellent modified
stain containing a rich base of linseed oil,
moisture sealing water repellents, pentachlor-
ophenol wood preservatives and non - fading pig-
ments to preserve and enhance the natural
beauty of the wood. The finish shall be non -
glossy and shall be "King Exterior Finish ",
available through Wm. Cameron & Co., Whole-
sale, Waco, Texas, or approved equal.
10 -1
size, fabricated of type 384, 20 -gauge stain-
less steel, .040 with 48 polish with 1/4"
return, bonded masonite backing and four 1/4"
holes for mounting, as manufactured by Ameri-
can Dispenser co., Inc. Two required.
09 -5
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10 -04 METAL DOORS & FRAMES
10 -05 CLEAN -UP
All metal doors and frames shall come with a
shop applied rust inhibitive primer from the
manufacturer. After erection and installa-
tion, the doors and frames shall receive two
coats of "Rustarmor 500 Semi -Gloss Enamel" as
manufactured by Koppers Co., or approved
equal.
Upon completion of painting operations, clean
off all paint spots, oil and stain from all
surfaces that were not scheduled to be painted
or stained and leave entire project in perfect
condition as far as painting work is concerned
and remove from premises all containers and
debris due to painting operations.
10 -2
SECTION 11 - GALVANIZED CHAIN LINK FENCING
11 -01 HEIGHT OF FENCE
Overall height of fence when erected shall be
as shown on drawings.
11 -02 CHAIN LINK FABIC
The chain link fabric shall be No. 11 gauge
and 1 -3/4" mesh conforming to Standard Speci-
fications for Zinc - Coated Iron or Steel Chain
Link Fence Fabric Galvanized After Weaving,
Class II, ASTM Designation A -392, or Standard
Specifications for Aluminum- Coated Iron or
Steel Chain Link Fence Fabric Galvanized After
Weaving, Class Ii, ASTM Designation A -491.
Top and bottom selvage shall have a knuckle
finish. Fabric shall be free of barbs,
icicles, or other projections resulting from
the galvanizing process, and any fabric not
free thereof will be rejected even though
erected. Bottom of fence fabric shall be 3/4"
plus or minus 1/4" above finished playing sur-
face.
11 -03 LINE POSTS
Line posts shall conform to the Standard
Specifications for Black and Hot - Dipped Zinc -
Coated (Galvanized) Welded and Seamless Steel
Pipe for Ordinary Uses, ASTM Designation
A -120, Schedule 40, weighing 3.65 pounds per
linear foot. The chain link fabric shall be
tied to the line posts with No. 9 gauge soft
annealed galvanized tie wire.
11 -04 TERMINAL AND GATE POSTS
Terminal and gate posts shall conform to Stan-
dard Specifications for Black and Hot - Dipped
Zinc - Coated (Galvanized) Welded and Seamless
Pipe for Ordinary Uses, ASTM Designation
A -120. End, corner and gate posts shall have
an outside diameter of not less than 3" and
weight of not less than 5.79 pounds per linear
foot, Schedule 40.
11 -05 TERMINAL AND GATE POST FITTINGS
11 -06 TOP RAIL
Terminal and gate post fittings, including
tension bands, brace connections, and top rail
connections shall be No. 11 gauge, hot - dipped
galvanized, cold - rolled carbon steel. No alu-
minum, cast -iron, or pot metal fittings will
be accepted as equals or substitutes. Top
rail, brace, and truss bands shall not be less
than 1" wide, secured by 3/8" diameter car-
riage bolts and nuts.
Top rail shall meet same specifications of
quality as line and terminal posts. The top
rail shall have an outside diameter of 1 -5/8"
and weigh 2.27 pounds per linear foot. An
outside sleeve -type coupling measuring not
less than 7 inches in length shall be provided
at each interval of 20 feet. The chain link
fabric shall be tied to the top rail at inter-
vals of 24 inches with No. 9 gauge soft
annealed galvanized steel or aluminum tie
wire.
11 -07 BRACES FOR TERMINAL AND GATE POSTS:
Terminal and gate posts shall be strengthened
and reinforced by braces meeting the same
specifications of quality as line and terminal
posts. Braces shall be installed midway
between top rail and finished playing surface
and extended from each terminal post to the
first adjacent line post. Braces shall be
securely fastened to posts by heavy pressed
steel connections and also be trussed from
line post back to terminal post with a 3/8"
round truss rod, complete with tightening
unit.
11 -08 BOTTOM TENSION WIRE
Bottom tension wires shall be No. 7 gauge gal-
vanized steel coil tension wire, high carbon
or hard drawn, ASTM Designation A -116, Class
II, galvanized or aluminum coated, fastened to
the chain link fabric at intervals of 24 inch-
es with No. 11 gauge galvanized steel hog
rings.
11 -2
11 -09 POST SPACINGS AND SETTINGS
Line and terminal posts shall be set in con-
crete foundation not less than 10 inches in
diameter and not less than 36 inches in depth.
Concrete shall be mixed in ratios of six (6)
standard 94 -pound sacks of cement per cubic
yard of concrete, with one (1) such sack of
cement to not more than six (6) U.S. gallons
of water, attaining a compressive strength of
not less than 3,500 pounds per square inch at
the 28th day after pouring. Spacing of posts
in the line of fence shall be uniform and no
more than 10 feet apart.
11 -10 POST TOPS
Tops of line posts shall be of a malleable
casting. The base of tops shall extend below
the top of the post not less than 2 inches.
Terminal post tops shall be of malleable iron,
be one of the manufacturer's standard designs
as selected or approved by the Engineer and be
designed so as positively to exclude all mois-
ture from the terminal posts.
11 -11 GATES
Gates shall be not less than 4 feet wide and
constructed and hung as detailed on drawings.
Frames shall be constructed of pipe conforming
to Standard Specifications for Black and Hot -
Dipped Zinc- Coated (Galvanized) Welded and
Seamless Steel Pipe for Ordinary Uses, ASTM
Designation A -120, having an outside diameter
of 1- 9/10 ". Gate frames shall be welded or,
alternately, shall utilize corner fittings or
heavy malleable iron or pressed steel securely
riveted to the frame. Fabric matching the
fence fabric shall be installed in the frame
by means of tension bars and hook bolts.
Frames having corner fittings shall be equip-
ped with adjustable truss rods having a dia-
meter of 3/8 ". Hinges shall be of adequate
strength to support the gate and have large
bearing surfaces for clamping in position.
Under no conditions of use or abuse shall the
hinges twist or turn under the action of the
gate. Gates shall be capable of being opened
and closed quickly and easily by one person.
11 -3
Gates shall be equipped with a positive latch-
ing device that will accommodate padlocking.
A plunger rod, catch and semi - automatic outer
catch shall be installed on drive gates so as
to secure gates in an open position. Hinges,
latches, and catches shall be one of the manu-
facturer's standard designs as selected and
approved by the Engineer. _
11 -4
SECTION 12 - SOFTBALL FIELD - SITE GRADING
12 -01 GENERAL
Within limits indicated, or in areas where
existing grade is to be altered, in areas to
be excavated, and in other required locations,
strip existing topsoil to 6" depth, and stock-
pile in approved areas for subsequent replace-
ment.
12 -02 FILL
Maintain surface drainage on site during con-
struction.
After construction has been substantially com-
pleted and site fill made, grade site 4 inches
lower than finished grade on all areas, clear
ground surface of all foreign materials, then
place 4 inches of topsoil to bring site to
smooth finished grade indicated.
12 -02.1 Site Fill
place approved fill to within 4 inches of
finish grade shown on all areas not covered by
structures or roads in 12 inch maximum layers,
measured loose, and compact at or near optimum
moisture to at least 90% AASHO Standard T -99
density.
12 -02.2 Topsoil
Place 4 inches of topsoil over all areas with-
in limits indicated on the Plans.
12 -02.3 Waste
Waste stripped materials from within limits
indicated. Spread waste material over desig-
nated area, dress by blading, and slope to
provide drainage.
12 -03 INFIELD TOPPING
Material shall be C.S.C. infield topping as
supplied by Cypress Specialties Co., P. 0. Box
90345, Houston, Texas. The topping shall be
placed in accordance with the suppliers recom-
mendations.
12 -1
12 -04 GRASS
All areas exposed during construction shall be
revegetated as directed by the Engineer.
Revegetation of all exposed areas shall con-
sist of sodding, seeding or hydromulching, at
Contractor's option. Acceptability shall con-
sist of a minimum 1" growth over 85% of the
area with individual exposed areas not to
exceed 10 square feet.
12 -2
SECTION 13 - ELECTRICAL
13 -01 GENERAL
Comply with National Electric Code (latest
edition) and local ordinances.
Size overload heaters for motor nameplate rat-
ing.
"Meg" circuits and equipment. Report results
if requested, in writing, to Engineer. Re-
place circuits and equipment megging less than
one megohm.
13 -02 MATERIALS AND INSTALLATION
13 -02.1 Conduits - Not in Earth
Galvanized, rigid steel: U.L. and A.S.A.
C -80.1 with conduit threaded before galvaniz-
ing.
Aluminum: U.L. and copper free. Use compat-
ible fittings.
Flexible: American Brass Company's "Seal -
tite", Type UA. Use only where designated.
Use Appleton "Sealtite" fittings.
Fittings: Equal to Crouse -Hinds or Appleton.
Installation Practices: AISI Handbook:
"Steel Electrical Raceways" for both steel and
aluminum.
Plastic Conduit: Where specifically shown on
the Plans, use U.L. approved polyvinyl -chlo-
ride (PVC) rigid conduit, installed in accord-
ance with the manufacturer's recommendations,
and containing a grounding conductor either
bare or with green outer covering, stranded
copper, minimum #12AWG, but sized per N.E.C.
Conduit runs in building to be installed under
slab and in walls so as to be concealed from
view except lighting conduits may be exposed.
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13 -02.2 Conduits - In Earth
All underground wiring will be placed in
direct burial PVC rigid conduit using an
approved grounding conductor installed in
accordance with the recommendations of the
manufacturer. A 2" thick cap of 1500 psi con-
crete will be poured over the underground con-
duit. The top of the concrete cap will have
24 inches of cover.
13 -02.3 Wire
Conductors: Copper, tinned or leaded, unless
aluminum noted on Plans.
Size: Not smaller than #12AWG, except control
wire which shall be #14AWG stranded, or #12AWG
stranded as indicated on the Plans.
Stranding: #10 and larger to be stranded.
Color Coding: According to A.S.A. and N.E.C.;
color code control wires.
Insulation: 600 volt wire and cable used
above ground to be Type THW for power, light-
ing, and control. All 600 volt power and
lighting circuits in underground conduits or
duct runs to be insulated with high molecular
weight cross - linked 90 C., ployethylene, in
accordance with IPCEA S -66 -524. All control
circuits in underground and concrete encased
conduits or ducts to be insulated for 600
volts with high molecular wight 90 C., poly-
ethylene compound in accordance with IPCEA
S -61 -402, with an outer jacket, properly color
coded, of polyvinyl- chloride compound in
accordance with IPCEA S -61 -402.
Manufacturers: Okonite, Anaconda, GE, Sim-
plex, Triangle or Phelps- Dodge.
Connections: Connect to equipment with pres-
sure connectors. Connect conductors with
pressure connectors, or "Scotchlok" connec-
tors. Insulate splices with Scotch #33, or
rubber and friction tapes.
13 -2
13 -02.4 Pushbutton Stations & Selector Switches
Heavy -duty pushbutton stations and selector
switches, GE Class CR2940, or equivalent as
manufactured by Square D, Westinghouse, Allen -
Bradley, Federal Pacific or Cutler - Hammer.
Indoor stations in NEMA 1 enclosures.
Outdoor stations in NEMA 3R or 4 enclosures.
Provide locking attachment on all exterior
enclosures.
13 -02.5 Light Fixtures
Furnish light fixtures as shown, complete with
lamps.
13 -02.6 Lighting Panels
Plug -in or bolt -in type circuit breaker, capa-
city as shown, Square D, Type NQO, GE Westing-
house, Powell, Federal Pacific, or Cutler -Ham-
mer.
13 -02.7 Light Switches
20- ampere, 277 volt.
Bryant #4901, single pole.
Bryant #4902, double pole.
Bryant #4903, three way.
Equivalent manufacturers - GE, H & H, Hubbell,
or P & S.
Brown bakelite cover in offices, lavatories,
and dry, indoor locations where flush
mounted.
Crouse -Hinds #DS185 or Appleton FSK -IVS cover
in damp and all exterior locations.
Crouse -Hinds #DS32 or Appleton FSK -ITS -C cover
where surface mounted, and with FS condulet
box.
4'6" mounting height.
13 -3
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13 -02.8 Receptacles
Non- weatherproof: Bryant 45262 grounding
type. Connect ground pole to conduit system.
Equivalent as manufactured by GE, H & H, Hub-
bell, or P & S brown bakelite cover.
Weatherproof: On all outdoor locations,
Bryant 45261 with Crouse -Hinds cover #DS1020g
and FS condulet box. Equivalent as manufac-
tured by Appleton.
Mount 18" above floor in offices and lavator-
ies (except where installed in counter splash
backs, or above) and 4'6" in all other
places.
13 -02.9 Lighting Transformers
Sized on Plans.
Two 5% taps below; 80 C., temperature rise.
Westinghouse, Type EP or EPT, or equivalent as
manufactured by Allis- Chalmers, GE, Sorgel, or
Marcus.
Standards: NEMA No. STI -1955, ASA No. C -57,
and U.L.
13 -02.10 Grounding
Ground as required by N.E.C. Use 1/0 TW insu-
lated copper wire and 3/4" x 10' copper weld
ground rods, unless otherwise shown on Plans.
Braze wire to electrodes and braze taps, or
use "Cadweld" process. Coat brazed or "Cad, -
weld" connections with Bitumastic 4100. Con-
nect ground wire to equipment by pressure type
lugs. Insure that electrical enclosures are
grounded.
13 -02.11 Safety Switches
Where shown on the Plans, use safety discon-
nect switches, fused, unless unfused is indi-
cated on Plans.
Switches to be general purpose, heavy -duty,
visible blades and safety handle. All outdoor
switches shall have a locking attachment.
13 -4
Furnish Square D Type H200 and H300 Line, or
equivalent as manufactured by GE, Westing-
house, Cutler- Hammer, Federal Pacific or Bull-
dog.
Enclosures:
Outdoor - Weatherproof (WP) to be NEMA
3R- Rainright.
Water -tight (WT) to be NEMA 4.
Indoor - NEMA 1 or NEMA 12 as indicated.
13 -02.12 Enclosed Circuit Breakers - Molded Case
Where shown on the Plans, use enclosed molded
case industrial circuit breakers.
Minimum size, "F" Frame with 600 volt inter-
rupting rating of 15000 amperes asymmetrical.
Enclosures as indicated on Plans and in
accordance with nomenclature for switches in
paragraph 13 -02.11 above.
Manufacturer to be Square D, GE, Westinghouse,
ITE, Federal Pacific or Cutler - Hammer.
13 -5
SECTION 14 - LAMINATED PLASTIC TOILET PARTITIONS
14 -01 QUALITY ASSURANCE
When possible take field measurements prior to
preparation of shop drawings and fabrication
to ensure proper fitting of the work. Other-
wise, indicate field measurements on final
shop drawings.
Provide plastic laminated toilet partitions
and screens produced by one of the following
manufacturers:
1. Bobrick
2. Formica Corporation
3. Global Steel Products Corp.
4. Accurate
5. Sanymetal Products Co.
6. Tansey
14 -02 SUBMITTALS
14 -02.1 Product Data
Submit manufacturer's detailed technical data
for materials, fabrication, and installation.
Include catalog cuts of hardware, anchors,
fastenings, and accessories.
14 -02.2 Samples
Submit full range of color samples for each
type of toilet partition required. Submit 6"
square samples of each color and finish on
same substrate to be used in work, for color
vertification after selections have been
made.
14 -02.3 Shop Drawings
Submit shop drawings for the fabrication and
erection of plastic laminated toilet partition
assemblies which are not fully described by
manufacturer's data. Show all anchorage and
accessory items and finishes.
14 -1
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14 -03 PRODUCTS
14 -03.1 Materials
Plastic Laminate: NEMA Standard LD -3, minimum
0.062" thick. Color and pattern as selected
by Engineer from manufacturer's standard.
Core Material for Plastic Laminate: Manufac-
turer's standard particleboard or plywood, in
thickness to provide finished dimension of 1"
minimum for doors, panels, and screens, 1 -1/4"
for pilasters.
Pilaster shoes to be ASTM A167, Type 302/304
stainless steel as follows:
1. Height: 3" unless otherwise indicated.
2. Thickness: Not less than 0.031" (20
gauge).
3. Finish: Polished to match hardware.
Stirrup bracket to be manufacturer's standard
design for attaching panels to wall. Chrom-
ium- plated non - ferrous cast alloy to match
hardware finish.
Hardware and Accessories: Manufacturer's
standard design, heavy duty operating hardware
and accessories as follows:
1. All hardware to be chromium - plated non-
ferrous alloy with polish finish.
2. Hinges: Cutout insert type, adjustable to
hold door open at any angle up to 90
degrees (adjustment shall be made for 15
degree hold open); gravity type.
3. Latch and Keeper: Slide latch unit with
combination rubber -faced door strike and
keeper, designed for easy emergency
access.
4. Coat Hook: Manufacturer's standard unit,
combination hook - bumper.
5. Outside swing door to have manufacturer's
standard pull and wall bumper.
Anchorage and Fasteners: Manufacturer's stan-
dard exposed fasteners of chromium - plated non-
ferrous alloy finish to match hardware. Use
theft - resistant (one -way) type heads and nuts
14 -2
for exposed screws. For concealed anchors,
use hot -dip galvanized, cadmium - plated, or
other rust - resistant protective- coated steel.
14 -03.2 Fabrication
Furnish standard doors, panels, screens, and
pilasters fabricated for the partition system,
unless otherwise indicated. Pressure laminate
one -piece face sheets to the core material
with no splices or joints, and with all edges
straight and sealed.
Furnish units with cut -outs, drilled holes,
and internal reinforcement to receive parti-
tion mounted hardware, accessories, and grab
bars, as indicated.
Seal exposed core material at cut -outs to pro-
tect against moisture.
Door Dimensions: Unless otherwise indicated,
furnish 24" wide in- swinging doors for ordi-
nary toilet stalls and 32" wide (clear open-
ing) out - swinging doors at stalls equipped for
use by handicapped.
Plastic Laminate Partitions and Screens:
Pressure - laminate one -piece face sheets to
core material with no splices or joints, and
with all edges straight and sealed. Seal ex-
posed core material at cut -outs to protect
against moisture.
Pilasters shall be overhead braced with a
1 -1/4" thick unit with galvanized steel floor
supports and leveling bolts. Furnish floor
supports as recommended by partition manufac-
turer to suit floor conditions. Fabricate
overhead -brace from a continuous extruded
aluminum tube, unless otherwise indicated.
Set and secure the brace into the top of each
pilaster. Furnish shoes at each pilaster.
Floor- Supported Screens: Furnish pilasters
not less than 1" in thickness, panels and pil-
asters of same construction and finish as toi-
let partitions. Furnish galvanized steel
anchorage devices, complete with threaded
rods, lock washers and leveling adjustment
14 -3
nuts at pilasters, to permit structural con-
nection to floor. Furnish shoe at each pilas-
ter to conceal anchorage.
14 -4