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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. -2- 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 -3- 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. -4- 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. -5- 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 -6- 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. - 7- 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. -8- 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. -9- 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. -10- 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 -12- 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. -13- 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: -14- 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. 9815 - - -- --- - -� - -- I - -1 _' i 1 1 . 1 1 1. I 1 i i oi .1111 imam N►. w 1 INN '`� �MEM �� ■ N111�� ■■11 EM� `.E!r� 1 II �� ■ 11111 men (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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 1 r 1 1 1 1 1 1 1 1 1 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 (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. GC -2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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. GC -3 1 i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 GC -4 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 GC -5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 GC -6 r 1 1 i 1 1 1 1 1 1 1 1 1 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 GC -7 1 1 1 1 1 1 1 1 1 p 1 p 1 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 GC -8 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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. GC -9 1 i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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. GC -10 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 GC -11 1 1 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, GC -12 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 GC -13 1 i i_ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 GC -14 1 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; GC -15 1 i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1. 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. GC -16 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 1 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 GC -18 1 1 1 1 1 1 1 1 1 1 1 1 i 1 i 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 GC -19 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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. N -1 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. N -2 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. -1- 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 -2- 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. -3- (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 -4- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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. -6- 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) -1- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 -2- 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. -3- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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. -4- 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 -5- 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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. 13 -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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